HomeMy WebLinkAbout26-005.00 GNM Group, LLC - Bains Sprague C-Store, Traffic Mitigationr.� 6hTw7- 31,� -005
VOLUNTARY NtITIGATION AGIi1'1ENIF.NT FOR RAINS SPRAGUE C-S'fORE
TRAFFIC n11TIGATION
GNM Group IAX, c/o Gurjol Ifains
This Voluntary Mitigation Agreement ("Agreement") is entered into between GNM Group, UC, c/o Gurjot
Bains, its successors and assigns ("Developer"), n Washington corporation, having offices at 1301 S Havana
Street, Spokane, \VA 99202 , and the City of Spokane Valley ("City"), a municipal corporation of the State
of Washington, hercinaller jointly referred to as "Parties":
ItECITALS
WHEREAS, this Agreement is entered into by the Partics pursuant to RCW 82.02.020, to provide
a financial contribution toward the Sprague Ave. / Pines Rd. Intersection Improvement project that
mitigates increased traffic volumes generated by the development as proposed in the Developer's permit
application, BLD-2025-2595. And,
WHEREAS, Developer is the owner/developer of certain real property generally located within an
area located north and adjacent to Sprague Avenue and west of Skipworth Road in the City of Spokane
Valley (herein collectively referred to as "Property"). The Property covers a total of 0.65 acres of land.
And,
WHEREAS, the Developer has requested approval of the project identified as the Bains Sprague
C-Store, a commercial development (herein collectively referred to as the "Development"), which will
increase traffic congestion and directly impact existing transportation infrastructure at the intersection
identified located within the City. Voluntary mitigation of these impacts has been requested by the
Developer as part of the approval process for the Development pursuant to the traffic analysis review. As
part of this request, the following condition of approval is included Certificate of Transportation
Concurrency for approval of the permit:
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 intersection of Sprague Avenue and
Pines Road and shall pay the City the voluntary mitigation fee of $2,377.41.
(7 trips at $339.63 per trip)
Spokane Valley has determined that the project will contribute 7 PM peak hour trips to the intersection at
Pines Road and Sprague Avenue as provided in the Trip Generation And Distribution Letter (TGDL) for
the Development, dated December 19, 2025. The need for improvements was identified in a prior
development analysis. The Parties agree that the prior analysis applies to the proposed Development, and
that the Development will generate increased traffic volumes which will require improvements to the City's
transportation facilities. The City and Developer agree that a voluntary mitigation fee of $2,377.41 (7 trips
at $339.63 per trip) represents Developer's proportionate share of the improvements necessitated by the
Development, and that Developer shall pay said amount in lieu of other improvements
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 intersection of Pines Road at
Sprague 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 the
Development shall be paid prior to approval of the building permit.
WI IF'ItF.AS. pursuant to WW 92.02.020, the City has the authority to allow a payment to mitigate
a direct impact that has been identiticd as a consequence of a proposed development. The Parties (1) have
identified transpoitation 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 TGDL, 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 all attached documents, is a voluntary agreement
pursuant to RCW 82.02.020. The Developer's contribution is proportional to and reasonably necessary to
mitigate the traffic impacts created by the Developer's new 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 fees, and the City's obligations under this Agreement shall terminate.
2. Proiects. The Parties agree that the mitigation payment shall be expended on the development of the
design and construction of the Sprague Ave. / Pines Road Intersection Improvement project. The project
shall consist of improvements at the intersection of Pines Road at Sprague Avenue as deemed appropriate
by the City of Spokane Valley.
3. Mitigation Contribution. The voluntary mitigation fee shall be based upon the costs identified by the
City and agreed upon by the Developer, and includes the labor cost estimates for the preliminary
engineering and design of the project listed in number 2. As such, the Developer agrees to pay S2,377.41
to be applied toward to the development of a project design and cost estimate for the project listed in number
2 above.
4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation payments prior
to the issuance of any 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, and construction
of the projects identified in 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. 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 as provided in RCW 82.02.020.
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. GNM Group, LLC
c/o Gurjot Bains
1301 S Havana Street
Spokane, WA 99202
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns
of the Panics.
8. Governing Law. This Agreement shall be construed in accordance with the laN%s 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 othenvise 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 poN%cr, right or authority to %%aive
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. Authority. 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.
ISignutures on Following Pagel
Executed this day of 2026.
1)E\'1:L34k
By:]�:'
STATI: OE WASHINGTON
ss.
County of Spokane
Its: _=�' 1 I ho n -11'
On this day of (0� &�Q1^. 2026 before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and swom, personally appeared $nlYl2—
to me known to be die i QMbC4 I YM)( Clc P� of N & 1 A Nybu D L-
, the corporation that executed the foregoing instrument, 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.
WITNESS my hand and official seal
CITY OF SPOKANE VALLEY:
J n Hohman, City Manager
ATTEST:
��l N t
Marci atterson, City Clerk
Ao • •C..' k �%
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.�o••
• 40TARY _
PUBUG
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,OF W PS���`x�.
hereto affixe¢lthe day and year iAt} is certificate above written.
NOTARY PUBLIC, in and for the State of Washington,
residing at S O() ti CIA I U 1
My cmission exp s:
1 'LOZq
Trl.t-i'i-m ()Vl�
Printed Name
AP
of the City Attorney
SpCIT1'OF
olmne Public Works Department
W . Valley r 10210 E Sprague Avenue ♦ Spokane Valley WA 99206
Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalleywa.gov
Traffic Engineering
Certificate of Transportation Concurrency — Commercial
Project Name:
Bains Sprague C-Store
File Number:
BLD-2025-2595
Application Date:
08/14/2025
SEPA Number:
n/a
Parcel Number(s):
45163.0542
Project Address:
11211 E Sprague Ave
Specific Land -Use:
53
Land Use
Description:
Retail — General Mrchds
ITE
(Land Use Code):
850: Supermarket (10,130 KSF)
Number of
Adjacent Roadway
29 Net new trips
Analysis
TGDL, Dated 12/19/2025
Network PM Peak
Performed:
Trips Reserved:
City Intersections
Affected
Pines/Sprague, Bowdish/Sprague, University/Sprague, Farr/Sprague
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
mitigation agreement with the City of Spokane Valley to make the proportionate
Measures:
share contribution towards improvements at the intersection of Sprague Avenue
and Pines Road and shall pay the City the voluntary mitigation fee of $2,377.41
based on 7 trips through the intersection at $339.63/trip.
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:
Traffic Ep6ineering pj9hager or Designee Date
Copies to: CSV Planning Department, CSV Project Files, Project Applicant, Project Traffic Engineer
Version 4 (01.23.2020)