HomeMy WebLinkAbout26-053.00 Centennial Properties, Inc. - Telido Station Traffic MitigationVOLUNTARY MITIGATION AGREEMENT FOR
TELIDO STATION TRAFFIC MITIGATION
Centennial Properties, Inc.
This Voluntary Mitigation Agreement ("Agreement") is entered into between Centennial
Properties, Inc, its successors and assigns ("Developer"), a Washington corporation, having offices at 999
W Riverside Avenue, Spokane WA 99201, 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 voluntary financial contribution toward the improvements identified through the Subarea Transportation
Plan for growth between Barker Road and Harvard Road. Said contribution is established to mitigate
increased traffic volumes expected to be generated by the overall development as proposed in the
Developer's permit application LUA-2025-0012 ("Application") in the City of Liberty Lake and
preliminary binding site plan for Telido Station (the "BSP").
WHEREAS, Developer is the owner and/or developer of certain real property generally located
within an area south of Mission Avenue, east of Kramer Parkway, and north of Interstate 90, identified as
parcel numbers 55162.9078 and 55162.9071 in the City of Liberty Lake, and otherwise identified as Lots
1 through 20 in the BSP consisting of approximately 91.78 acres of land ("Development").
WHEREAS, the Developer has requested final approval of the BSP, which the City anticipates will
increase traffic congestion and directly impact existing transportation infrastructure on facilities within the
Subarea between Barker Rd. and Harvard Rd. located within the City.
WHEREAS, the City has commissioned a Subarea Transportation Plan to determine the impacts
and recommended mitigations resulting from development between the Barker Road and Harvard Road
corridors in Spokane Valley, Liberty Lake, and Spokane County. The recommended right-of-way
improvements to mitigate the impacts of the Development are referred to herein as "Improvements."
WHEREAS, the City of Liberty Lake issues a Mitigated Determination of Non -Significance
("MDNS") as part of the approval process pursuant to the Development's State Environmental Policy Act
("SEPA") review, which MDNS requires the Developer to plan for proportionate transportation mitigations
pending the completion of the Subarea Transportation Plan as a condition to granting final approval of the
BSP.
WHEREAS, the Trip Generation and Distribution Letter for the Development, dated April 24,
2025, states the Development is expected to generate 887 new trips during the AM peak hour and 1,446
new trips during the PM peak hour for the roadway network upon full build out.
WHEREAS, the City and Developer have agreed to a not -to -exceed voluntary mitigation per trip
fee to be paid in connection with Developer's share of the new PM peak hour trips based on a draft version
of the Subarea Transportation Plan.
WHEREAS, a final voluntary mitigation per trip fee will be established with the final and adopted
version of the Subarea Transportation Plan.
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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 have
identified (1) transportation impacts that will be caused by the development of Developer's Portion; and
(2) a reasonable relationship between said impacts to the City's transportation system and the Developer's
financial contribution toward those impacts.
WHEREAS, the City and City of Liberty Lake are parties to an interlocal agreement wherein each
agree to give full faith and credit to the traffic mitigation measures imposed by the other city on
development that has a demonstrable impact on the traffic facilities of the city imposing the mitigation
measures.
WHEREAS, to mitigate the direct impacts of the Development upon transportation facilities, the
Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020.
AGREMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the Developer and the City agree as follows:
1. Voluntary Agreement. This is a voluntary agreement pursuant to RCW 82.02.020. The
Parties agree and acknowledge that the (a) mitigation payment identified in paragraph 3 of this Agreement,
and (b) procedures identified herein to determine further mitigation measures are freely and voluntarily
agreed to as a contribution proportional to and reasonably necessary to mitigate the direct traffic impacts
created by the Development. The Parties further stipulate and agree that all Washington state law
requirements for creation of a valid development impact mitigation agreement have been met, including
but not limited to RCW 82.02.020 and case law interpreting the same, and that neither the Developer nor
the City will claim otherwise. The Parties agree that the calculations of the mitigation fees identified herein
are unique to this Agreement and may not be used as a basis for the negotiation with Developer of any
future traffic mitigation agreements.
2. Proiects. The Parties agree that the mitigation payment shall be expended by the City on
design, right-of-way acquisition, and/or construction of the Improvements. The City may allocate all or
any part of the mitigation payment to any component of Improvements as determined appropriate by the
City in its reasonable discretion.
3. Payment of the Mitigation Fee. The total mitigation fee shall be distributed based on the
building permits issued for construction within the Development. When the Developer (which includes its
successors in interest, assigns, and grantees) applies for a building permit within the Development, they
shall pay a fee not -to -exceed $1,084 per new PM peak hour trip that will be generated from the use for
which a building permit is sought. Said fee is based on Table 23 in the Draft 2 report submitted on October
9, 2025. The City, in the exercise of its sole discretion, may adjust the per trip mitigation fee while adoption
of the final Subarea Transportation Plan is pending, but the City may not raise the fee above $1,084 per PM
peak hour trip. Upon adoption of the Subarea Transportation Plan, then (a) the per trip mitigation fee for
all permits issued thereafter shall be permanently set at the amount identified in the adopted Subarea
Transportation Plan if it is below $1,084, or at $1,084 if the amount identified in the plan exceeds $1,084;
and (b) neither the City nor Developer shall be entitled to reimbursement or additional funds to account for
any difference between the per trip fees paid prior to adoption of the Subarea Transportation Plan versus
the per trip fee identified in the adopted Subarea Transportation Plan. The Developer (which includes
Developer's successors in interest, assigns, and grantees per Section 9 of this Agreement) shall pay the
mitigation fee for each new trip before the building permit is issued. No building permit will be issued
unless and until the associated mitigation fee is paid in accordance with this Agreement. At any time, the
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Developer may pre -pay as many new mitigation fee trips as it may deem appropriate, provided the
Developer identifies in writing the specific lot(s) to which the pre-payment(s) apply.
4. Compliance with RCW 82.02.020. Payments 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 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, right-of-way 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 to the Developer 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.
5. 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; or
(b) 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
Attn: City Manager
If to the Developer: Centennial Properties, Inc.
c/o Doug Yost
999 W Riverside Avenue
Spokane, WA 99201
6. Covenant Runninu with the Land; Successors. This Agreement and its terms shall be
covenants running with the land. This Agreement shall be binding on and inure to the benefit of the
successors and the assigns of the Developer, including all subsequent purchasers, lessees, or lessors. This
Agreement or other documentation which identifies the obligations herein shall be recorded with, and in a
format accepted by, the Spokane County Auditor's Office against the title of all parcels/lots within the
Development and shall be noted on the binding site plan and any recorded plat.
7. Governin2 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. Except as provided in
Section 5, 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 of the State of
Washington for Spokane County, unless otherwise required by applicable federal or state law.
8. Modifications. No modification or amendment of this Agreement shall be valid unless the
same is reduced to writing and executed with the same formalities as the present Agreement.
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9. 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.
10. Entire Agreement. 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. The Parties have each had the opportunity to be fully
advised by their legal counsel and any other advisors with respect hereto. Each party is executing this
Agreement after sufficient review and understanding of its contents.
11. 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.
12. No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the Parties hereto and their successors and assigns. In the event of any action or
suit brought against the City disputing the enforceability of this Agreement or any term herein, then the
Developer agrees to actively cooperate with the City in its defense of this Agreement.
13. Severability. The provisions of this Agreement are separate and severable. The invalidity
of any clause, sentence, paragraph, subdivision, section, or portion of this Agreement shall not affect the
validity of the remainder of this Agreement or the validity of its application to other persons or
circumstance.
14. Condition Precedent. The terms of this Agreement shall be effective only if and when this
Agreement is fully executed by Developer and the City.
15. Attorneys' Fees. In the event that either Party initiates any action to enforce the terms of
this Agreement, the substantially prevailing party, including on appeal, shall be entitled to reasonable costs
and attorneys' fees and expert witness fees incurred therein.
IN WITNESS WHEREOF, the parties have executed this Voluntary Mitigation Agreement for
Country Vista Traffic Mitigation on the date written below.
[Signatures on Following Page[
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CITY POKANE VALLEY:
John H man, City M n ger Daie
ATT ST:
1 4 2
Marci Ratterson, City Clerk Da e
APPROVED A O FO
q / 30/ ZL
Office f the Ci Attorney Date
DEVELOPER:
By: ->_//J C�C�/� Its: G c /�y� J t
Printe�Name:-
STATE OF WASHINGTON )
ss.
County of Spokane )
On this 1�day of Mom&- 2026 before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared T-)bw.a Yost
to me known to be the"IF of Centennial Properties, Inc., 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 hereto affixed the day and year in this certificate above written.
NOTARY PUBLIC iand for the State of Washington,
residing at
My commission expires: FC/ t'a- l a'8
Av'i t 96.0-6sm
Printed Name
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STATE OF WASHINGTON )
ss.
County of Spokane )
On this I day of a 2026 before me, the undersigned, a Notary b is
in and for the State of Washington, d ly commissioned and sworn, personally appeared .Iohn 4lohman mkic `b
known to be the�Ci Manager of the City of Spokane Valley, the municipal corporation that executed the
foregoing instrtftMQ and acknowledged the instrument to be the free and voluntary act and deed of the
municipality, 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 hereto a ed the day and year in this certificate above written.
141411 1 f 4iajjlo��
NOT BLIC in and for the State of Washington
'CANDICE P HENDERSON
NOTARY PUBLIC #191323
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 9, 2029 ,
residing at
M commissi n expires: aco-
Printed Name
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