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HomeMy WebLinkAbout25-220.00HoneywellElectronicsMaerialsManufacturingLLCProjectCopperfieldBuilding9TrafficMitigationVOLUNTARY MITIGATION AGREEMENT FOR HONEYWELL — PROJECT COPPERFIELD — BUILDING 9 TRAFFIC MITIGATION Honeywell Electronics Materials Manufacturing, LLC, c/o Everett Newbry This Voluntary Mitigation Agreement ("Agreement") is entered into between Honeywell Electronics Materials Manufacturing, LLC, c/o Everett Newbry, its successors and assigns ("Developer"), and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties": RECITALS WHEREAS, this Agreement is entered into by the Parties pursuant to RCW 82.02.020, to provide a financial contribution toward the Sullivan Rd. / Trent Ave. Interchange Improvement project that mitigates increased traffic volumes generated by the development as proposed in the Developer's permit applications BLD-2025-2599 and EGR-2025-0048. WHEREAS, Developer is the owner/developer of certain real property generally located within an area located south and adjacent to Euclid Avenue and west of Sullivan Road, identified as parcel number 45111.9044 in the City of Spokane Valley (herein collectively referred to as "Property"). WHEREAS, the Property covers a total of 20.05 acres of land. WHEREAS, the Developer has requested approval of the engineered grading permit and building permit associated with the Honeywell — Project Copperfield — Building 9 project, a commercial development (herein collectively referred to as the "Development"), which will increase traffic congestion and directly impact existing transportation infrastructure at the Sullivan Rd. / Trent Ave. interchange located within the City. Voluntary mitigation of these impacts has been requested by the Developer as part of the approval process pursuant to the transportation concurrency analysis review. As part of this request, the following condition of approval was included in the Certificate of Transportation Concurrency for approval of the permits: Prior to the issuance of a building permit, the applicant shall enter into a voluntary mitigation agreement with the City of Spokane Valley to make the proportionate share contribution towards improvements at the interchange of Sullivan Road at Trent Avenue and shall pay the City the voluntary mitigation fee of $180,542. (1.48% of the estimated $12,202,800 project cost applicable to trips from this analysis zone). Spokane Valley has determined that the project will contribute 39 PM peak hour trips and 37 AM peak hour trips to the interchange at Sullivan Road and Trent Avenue as provided in the Revised Traffic Impact Analysis (TIA) for the Development, dated October 31, 2025. The total entering volume at the interchange in the design year of the development is 2,636 vehicles and 2,205 vehicles during the PM peak hour and AM peak hour, respectively. The City and applicant agree that the impacts from the Development contribute to necessary improvements at the interchange. The need for improvements is in part due to traffic generated by the project. As such, the City and applicant have agreed to a voluntary mitigation fee of $180,542 (Approximately 1.48% (39/2636) of the estimated $12,202,800 project cost applicable to trips from this analysis zone) which shall be paid by the applicant as its proportionate contribution to the mitigation project in lieu of other improvements. The voluntary mitigation fee is based on calculations provided by the City in the acceptance letter for the TIA. This mitigation fee shall be used for design, right-of-way acquisition, and/or construction of improvements at the interchange. WHEREAS, the Parties intend to enter into an Agreement which provides for the voluntary payment of a proportionate share of improvements deemed necessary at the interchange of Sullivan Road and Trent Avenue, which are a direct result of traffic impacts associated with the Development. WHEREAS, the Parties have agreed that the proportionate share of improvements for Developer shall be paid prior to issuance of the approval of the building permit. WHEREAS, the Parties have agreed that the voluntary mitigation fee is appropriately established for improvements deemed necessary based on calculations provided by the developer in the TIA dated October 31, 2025. The cost participation for the improvements has been identified to be $180,542. WHEREAS, pursuant to RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The Parties (1) have identified transportation improvements necessitated by the planned development of the Property; and (2) have identified a reasonable relationship between impacts generated by the development of the Property to the transportation system and the Developer's financial contribution toward those impacts. WHEREAS, to mitigate the direct impacts of the development of the Property upon transportation facilities as identified in the document entitled Project Copperfield Traffic Impact Analysis: 2"d Submittal, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Developer and the City hereto agree as follows: 1. Voluntary Agreement. This Agreement, including the recitals and all attached documents, is a voluntary agreement pursuant to RCW 82.02.020. The Parties agree that the Developer's contribution is proportional to and reasonably necessary to mitigate the traffic impacts created by the Development. In the event this Agreement is breached by the Developer, all of the City's obligations under this Agreement shall terminate. In the event this Agreement is determined by a court to be invalid, the City shall refund the Developer the unexpended portion of the voluntary mitigation payment, and the City's obligations under this Agreement shall terminate. 2. Proiects. The Parties agree that the mitigation payment shall be expended by the City on improvements at the directly impacted interchange of Sullivan Road and Trent Avenue, including the Sullivan/Trent Interchange project and all necessary components of improvements, as deemed appropriate by the City of Spokane Valley. 3. Mitigation Contribution. The voluntary mitigation fee shall be based on calculations provided by the Developer in the TIA dated October 31, 2025 entitled Project Copperfield Traffic Impact Analysis: 2"d Submittal. The Developer agrees to pay $180,542 to mitigate traffic impacts on the interchange of Sullivan Road at Trent Avenue resulting directly from the Development by the Developer. Said fee is based on an estimate of 1.48% cost participation (39 trips out of 2,636 total volume) toward a project estimated to have $12,202,800 of costs applicable to mitigation from this transportation analysis zone. 4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation payments prior to the issuance of a building permit. 5. Compliance with RCW 82.02.020. Payment collected by the City shall be held in a mitigation fee reserve account and may only be expended towards the design, right-of-way acquisition, construction, and other related components of the projects identified, and agreed to by the Parties in section 2 of this Agreement. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design and construction prior to the collection of the fees. The mitigation fee payment shall be expended by the City within five years from the date of payment by the Developer. Pursuant to RCW 82.02.020, any funds in the mitigation fee reserve account not expended within the five year period identified above shall be refunded by the City with interest; however, if the payment is not expended within five years due to delay attributable to the Developer, the payment shall be refunded without interest. 6. Notice. All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either: (a) Delivered personally; (b) Sent by facsimile transmission with an additional copy mailed first class; or (c) Deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 Fax: (509) 720-5075 Attn: City Manager If to the Developer: Honeywell Electronics Materials Manufacturing, LLC c/o Everett Newbry 15128 E Euclid Spokane Valley, WA 99206 7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 8. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Venue shall be in Spokane County, State of Washington. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 9. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 10. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 11. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 12. Authori . Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. Executed this day of 6ece..1/"er , 2025. DEVELOPER: By: Name: STATE OF ( aSh Ujq*0 ) LJ ss. County of ,/'ye ) Its: SY• �'f2�tr��C� On thisloday of D&Mbe r 2025 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 6wre 964 b to me known to be the C if roiee+ D i r , of � rru a the corporation that e cuted the foregoing instrumek, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. eal hereto affixed the day and year in this certificate above written. DENISE MICHELLE MCLAIN Notary Public State of Washington NO RY PUB IC, in and for the State of Washington, Commission # 23023251 My Comm. Expires Aug 26, 2027 residing at 5(hkVAn In My commission expires: 'A 071 Printed Name CITY OF SPOKANE VALLEY: Jo Hohman, City Manager ATT T: URI r f Marci Patterson, City Clerk Spd ne Public Works Department 49;000 Valley, 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 0 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalleywa.gov Traffic Engineering Certificate of Transportation Concurrency — Commercial Project Name: Honeywell — Project File Number: BLD-2025-2599 Copperfield — Building 9 EGR-2025-0048 Application Date: 8/13/2025 SEPA Number: SEP-2025-0008 Parcel Number(s): 45111.9044 Project Address: 15128 E Euclid Ave Specific Land -Use: 35 Land Use Description: Manf - Instrumentation ITE (Land Use Code): 140: Manufacturing (133,500 sf) Number of Adjacent Roadway Network Analysis TIA (dated 10/31/2025) PM Peak Trips 99 Net new trips Performed: Acceptance letter dated 11/7 Reserved: identifies mitigation. City Intersections Affected Sullivan/Trent, Sullivan Euclid, Sullivan, Indiana Expiration Date: 3 years from issuance of first Building Permit or for a period of 6 years from issuance of concurrency, whichever occurs earlier. Prior to the issuance of a building permit, the applicant shall enter into a voluntary mitigation agreement with the City of Spokane Valley to make the Mitigation proportionate share contribution towards improvements at the interchange of Measures: Sullivan Road at Trent Avenue and shall pay the City the voluntary mitigation fee of $180,542. (Approximately 1.48% of the estimated $12,202,800 project cost applicable to trips from this analysis zone) The Spokane Valley Community and Public Works Department has reviewed the development described above and has determined that sufficient roadway capacity exists, or is programmed to exist with future road improvements on the City street system to accommodate the uses and densities shown. This Certificate of Transportation Concurrency reserves the number of PM peak hour trips indicated above and is issued only for the development as described above. Additionally, reservation of these trips is contingent upon the mitigation identified above. The trip reservation shall run with the land and is not transferable to other development projects or properties. The Certificate of Transportation Concurrency is valid upon approval through the expiration date indicated. The owner or owner's authorized agent shall apply to renew/extend the Certificate of Transportation Concurrency prior to the expiration date. The City of Spokane Valley will not notify a property owner/agent of an expired or impending certificate expiration. Approval: ��/--'� 11/10/2025 Traffiq4_:: ngi neerir)"a nag er or Designee Date Copies to: CSV Planning Department, CSV Project Files, Project Applicant, Project Traffic Engineer Version 4 (01.23.2020)