5871628 - Development AgreementI\
01/29/2010 11:00:58 AM 5871628
Recording Fee $76.00 Page 1 of 15
Agreement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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Legal Description (Ab evicted torn Is acoapta ) Le. Section/Township/Rangeh /4 Section
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7. Assess r s ax Parcel I I ber: : R � ' q(���Q
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City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered into by and between
the City of Spokane Valley, a Washington non charter code city (the "City") and Joy D.
Swenson, Dennis A. Crapo and Melissa A. Crapo (hereinafter the "Developer "), collectively
referred to hereinafter as the "parties ".
RECITALS
A. Developer owns property located in Spokane Valley, Washington (the
"Property "). A legal description of the Property is set forth in Exhibit "A" hereto.
B. The Property contains 11.30 acres of land, more or less.
C. Through CPA- 01 -09, Developer requested a Comprehensive Plan Map
Amendment from Low Density Residential to High Density Residential with a corresponding
zone change from Single- Family Residential District (R -3) to Multi- Family High Residential
District (MF -2). Developer proposes to construct a multi - family residential project.
D. To integrate the Project into the neighborhood and provide for a compatible
development, the Project shall be constructed according to the laws and regulations governing
land use in the City of Spokane Valley and the additional conditions agreed to by the Developer
and set forth below. In general the Developers agree that the portion of the Project adjacent to the
Reflections Development (Shelley Lake PUD) shall have reduced density, building height will
be limited to that allowed for single - family homes, rear yard setbacks will be increased and
Type 1 landscaping and a site plan approved by the City, all as set forth in Section 2.5(e) below.
E. Development Agreements are specifically authorized by RCW 36.70B.170 -210 as
a proper exercise of the City's police power to include standards that apply to and vest the
development, use and mitigation. The development standards in such agreement include
residential densities, building sizes, mitigation measures, conditions, maximum height, setback,
drainage and other land use matters.
Page 1 of 12
F. The parties agree that the conditions set forth below are intended to mitigate specific
direct impacts resulting from the reclassification of the land to MF -2.
G. A public hearing has been held before the City Council, and the City Council
finds, pursuant to Ordinance # 09 -015 that the Project conforms with the Comprehensive Plan.
H. Notice for this hearing has been provided in a manner consistent with City
Ordinances.
NOW THEREFORE, in consideration of the mutual promises set forth here, the City and
Developer enter into this Agreement.
AGREEMENT
I. DEFINITIONS
For all purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
A. "City" means the City of Spokane Valley.
B. "Developer" means Dennis A & Melissa A Crapo, or their successors and assigns,
partners or joint venturers including any participating builder but not including any resident.
C. "Exhibits" means the following documents, which are attached to and
incorporated herein by this reference:
EXHIBIT A — Legal description of Property
EXHIBIT B — Conceptual Project Plan.
D. "Project" means the 4 Avenue Cherry Wood Apartments consisting of 248
multi - family units as set forth in Exhibit `B" hereto.
E. "Property" means the property located at /on Parcel #45242.9050, 15622 E 4 t '
Avenue; Parcel #45242.9051, 0 Vacant Land; Parcel #45242.9036, 15706 E 4 Avenue; Parcel
#45242.9057, 15714 E 4 Avenue; Parcel #45242.9056, 0 Address Unknown; Parcel
#45242.9035, 15720 E 4 Avenue; Parcel #45242.9033, 0 Address Unknown; Parcel
445242.9032, 15818 E 4 Avenue in the City of Spokane Valley, Washington, as more
particularly described in the legal description attached as Exhibit "A ".
F. "Subsequent Project Approvals" means all Project approvals required by law or
City policy after approval of this Agreement to construct the Project including, but not limited to,
Clearing and Grading Permits, Preliminary and Final Subdivision approval, Binding Site Plan
approval, Building Permits and Occupancy Permits.
Page 2 of 12
II. DEVELOPMENT OF THE PROPERTY
2.1 Compliance with Existing Rules and Regulations This Agreement shall not
relieve Developer from Developer's obligations to comply with rules and regulations applicable
to the Property and Developer's development and use of the same, and to secure such
authorizations and permits as may be imposed as a condition of any work being performed on the
Property.
2.2 Developer Covenants and Agreements Developer hereby covenants and agrees
to the following:
(a) The Project shall establish a one hundred and twenty (120) foot wide area
of restriction ( "Limited Density Area ") along the eastern border of the development as depicted
on Exhibit B, Sheet 1 of 2. Development in the Limited Density Area shall be consistent with
the laws and regulations governing such development in the City of Spokane Valley and further
shall be limited as follows;
(1) The number of units shall not exceed an MF -1 density of twelve
(12) units per acre, or 21 multifamily units;
five (35) feet;
(2) Building height shall not exceed an R -3 building height of thirty-
(3) No Multi family building shall be located closer than forty (40)
feet from the easterly property line adjacent to the Reflections Development (Shelley Lake
PUD) (see Exhibit B, Sheet 2 of 2);
(4) Following construction of the Project, a Type 1 Buffer Strip ten
(10) feet wide (modified from the required five (5) foot wide Buffer Strips) shall be consistent
with a landscape plan approved by the City of Spokane Valley pursuant to the SVMC . (see
Exhibit B, Sheet 2 of 2); and
(5) Substantial conformance to attached Site Plan.
(b) The Property is designated High Density Residential according to the
Comprehensive Plan with the allowed density of 22 dwelling units per acre (SVDC 19.40.080),
for a total of 248 permitted units; provided the density within the Limited Density Area shall not
exceed 12 units per acre (SVDC 19.40.070). Final Project development including the location of
buildings and improvement shall be subject to administrative site plan review according to the
City development regulations.
III. MISCELLANEOUS
3.1 Term This Agreement shall commence on the date it is fully executed by the
Developer and the City following consideration and approval of the same by the City Council of
Page 3 of 12
the City of Spokane Valley. (the "Commencement Date "). In the event of any appeal by a third
party of the City's approval of this Agreement, the Commencement Date shall be automatically
extended to the date that any such appeal is finally resolved. Developer agrees to defend, hold
harmless and indemnify the City from and against any and all liability, damages, costs or
expenses, including attorney's fees, arising from Developer undertaking any construction
activities during such appeal.
3.2 Conditions Shall Run With the Land All of the provisions, agreements, rights,
powers, standards, terms, covenants and obligations contained in this Agreement shall be binding
upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise)
and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the
Property, or any portion thereof, or any interest therein, whether by operation of law or in any
manner whatsoever, and shall inure to the benefit of the parties and their respective heirs,
successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this
Agreement shall be enforceable as equitable servitudes and constitute covenants running with the
land pursuant to applicable law. Each covenant to do or refrain from doing some act on the
Property hereunder, (a) is for the benefit of such properties and is a burden upon the Property, (b)
runs with the Property, and (c) is binding upon each successive owner during its ownership of
Property or any portion thereof, and each person having any interest therein derived in any
manner through any owner of the property or any portion thereof, and shall benefit such party
and the Property hereunder, and each other person succeeding to an interest in such Property.
3.3 Notices All notices under this Agreement shall be in writing and shall be
effective when personally delivered or 48 hours after deposit in the United States mail first- class,
as registered or certified mail, postage prepaid, return receipt requested, to the following
representatives of the parties at the addresses indicated below:
To Developer: Dennis A & Melissa A Crapo
c/o Diamond Rock Construction
2602 N Sullivan Road
Spokane, WA 99216
Joy D. Swenson
15808 East 4 Avenue
Spokane Valley, WA 99206
and to: Whipple Consulting Engineers
2528 N. Sullivan Road
Spokane, WA 99216
To City: Planning Department, Manager
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Page 4 of 12
and to: Office of the City Attorney
City of Spokane Valley
11707 East Sprague Avenue, Suite 103
Spokane Valley, WA 99206
Either party may change its address by giving notice in writing to the other party.
3.4 Entire Agreement This Agreement is complete and sets forth and contains the
entire understanding and agreement of the parties, and there are no oral or written
representations, understandings or ancillary covenants, undertakings or agreements which are not
contained or expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants -shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
3.5 Amendments This Agreement may only be amended in writing signed by the
City and the Developer. Conditions of development imposed by the City Council of the City of
Spokane Valley, after public hearing on this matter, shall not be altered without appropriate
notice and public hearing.
3.6 Recordation of Agreement This Agreement and any amendment or termination
to it shall be recorded with the Spokane County Auditor.
3.7 Severability If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable by a court of competent jurisdiction the
remainder of this Agreement shall not be affected thereby to the extent such remaining
provisions are not rendered impractical to perform taking into consideration the purposes of this
Agreement or the rights and obligations of the parties have been materially altered or abridged.
3.8 Interpretation and Governing Law This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
Washington.
3.9 Assignment The parties acknowledge that Development of the Project likely will
involve sale, conveyance, or assignment of all or portions of the Property to third parties who
will own, develop and/or occupy portions of the Property and buildings thereon. Developer shall
have the right from time to time to assign or transfer all or any portion of its respective interests,
rights, or obligations under this Agreement or in the Property to other parties acquiring an
interest or estate in all or any portion of the Property, including a transfer of all interests through
foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the City shall
not be required for any assignment or transfer of rights pursuant to this Agreement.
In any such transfer or assignment, if the transferee or assignee agrees in writing to
assume the obligations herein pertaining to the Property transferred or assigned, then the
transferee or assignee shall be entitled to all interests and rights and be subject to all obligations
under this Agreement, and Developer who has so transferred or assigned its rights, shall be
thereupon be deemed released of liability under this Agreement for the property transferred or
assigned, whether or not such release is expressly stated in such transfer or assignment; provided,
Page 5 of 12
however, that such Developer shall remain liable for any breach that occurred prior to the
transfer or assignment of rights to another party and for those portions of the Property still owned
by such Developer.
3.10 No Third Party Beneficiary This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
3.11 Further Actions and Instruments Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgement or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
3.12 Voluntary Agreement The Parties hereby represent and acknowledge that this
Agreement is given and executed voluntarily and is not based upon any representation by any of
the Parties to another Party as to the merits, legal liability, or value of any claims of the Parties or
any matters related thereto.
3.13 Authority The undersigned covenant and represent that they are fully authorized
to enter into and to execute this Agreement.
This Agreement is executed by the parties as set forth below
CITY OF SPOKANE VALLEY
f 1
BY 112-? /d
rty Mara Date
Attest:
I zA U
ity Clerk Date
Approved as to form:
By �f" ' P
City A Vmey
Page 6 of 12
DEVELOPER:
By:
D Cra o
Date: Z
2
Page 7 of 12
STATE OF WASHINGTON)
)ss.
County of Spokane )
On this Z day of , 206 Q , before me personally appeared_
lh & , 12L c x f) , and , to me known to be
the City Manager andand City Clerk, respectively, of the CITY OF SPOKANE VALLEY, a
municipal corporation, that executed the within and foregoing instrument, and acknowledged the
said 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 they were authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year firs ritten.
:���' �4ARyp�9'''�. �� Print Name: ,
NOTARY PUBLIC in and fo the State of
s_Z
0 __ Washington, Residing at:
g_22 < =�C�_— My commission expires: 12
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this —) ( day of 2 , before me, a Notary Public in and for said
State, personally appeared JOY D. SWENSON personally known to me to be the person whose
names is subscribed to the within instrument and acknowledged to me that s/he executed the
same freely and voluntarily in his/her authorized capacity, and that by his/her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
DATED this `� day of •� °� , 2051.
%0111111L jF' Print Name: i L ✓� -, 1�'�+
P�'.• • ""• Nei �'. NOTARY PUBLIC in and for the State of
��� 09 ••, Washington, Residing at: 51!o
u �OTA$Y �' ; My commission expires: 5' % /c� /�ois
Page 8 of 12
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this I -� day of Da " bes , 2009, before me, a Notary Public in and for said
State, personally appeared DENNIS A. CRAPO personally known to me to be the person whose
names is subscribed to the within instrument and acknowledged to me that he executed the same
freely and voluntarily in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
DATED this .� day of ��c� N,Hu , 2009.
L JEN�!v�,
c u * OTARN 40
A NY 16,?� ' is
111 n u►►►++"
STATE OF WASHINGTON )
) ss.
County of Spokane )
Print Name: , S +r.► � L Te_n �. -.
NOTARY PUBLIC in and for the State of
Washington, Residing at: 5 e - 0k-d'%-- V
My commission expires:
On this day of 2009, before me, a Notary Public in and for said
State, personally appeared MELISSA A. CRAPO personally known to me to be the person
whose names is subscribed to the within instrument and acknowledged to me that she executed
the same freely and voluntarily in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
DATED this 1 .7 day of (�ecc.,, tr cr , 2009.
�►1 ►II I I I IpI
L JEN
ki'''�.,�
�ptARV
OF VAS
Print Name: S L
NOTARY PUBLIC in and for the State of
Washington, Residing at: t Sec 14"' ✓ate
My commission expires: s / I�• %lo/ 3
Page 9 of 12
Exhibit "A"
Legal Description of the Property
Parcel No: 45242.9050 and 45242.9051
The East 102 feet of the East half of the Northwest quarter of the Southwest quarter of the
Northwest quarter of Section 24, Township 25 North, Range 44 E.W.M.
Except the North 20 feet for 4 Avenue;
Situate in the County of Spokane, State of Washington.
Parcel No: 45242.9036
The West 130 feet of the West half of the West half of the Northeast quarter of the Southwest
quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 East W.M.
EXCEPT the North 20 feet;.
Situate in the County of Spokane, State of Washington.
Parcel No: 45242.9057
The West half of the Northeast quarter of the Southwest quarter of the Northwest quarter of
Section 24, Township 25 North, Range 44 E.W.M.;
Except the East 117 feet;
Except the West 130 feet;
Except the North 20 feet for Fourth Avenue;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
Tax Parcel Number(s): 45242.9035 and 45242.9056
The East 110 feet of the North 160 feet of the East half of the West half of the Northeast quarter
of the Southwest quarter of the Northwest quarter, Except the North 20 feet thereof of Section
24, Township 25, Range 44 Spokane county, State of Washington
AND
The East 117 feet of the West half of the Northeast quarter of the Southwest quarter of the
Northwest quarter in Section 24, Township 25 North, Range 44 East W.M. in Spokane County,
Washington
Except the North 20 feet thereof for roadway.
EXCEPT the East 110 feet in the North 160 feet of the East half of the West half of the Northeast
quarter of the Southwest quarter of the Northwest quarter, Except the North 20 feet thereof of
Section 24, Township 25, Range 44 Spokane county, State of Washington
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
Parcel #45242.9033
Page 10 of 12
The West 75 feet of the East half of the Northeast quarter of the Southwest quarter of the
Northwest quarter of Section 24, Township 25 North, Range 44 EWM;
EXCEPT the North 20 feet thereof,
Situate in the County of Spokane, State of Washington.
Tax Parcel Number(s): 45242.9032
The North half of the East half of the East half of the Southwest quarter of the Northwest quarter
of Section 24, Township 25 North, Range 44 E.W.M.
Except the North 20 feet thereof and Except the West 75 feet of the East half of the Northeast
quarter of the Southwest quarter of the Northwest quarter of said Section 24;
Situate in the County of Spokane, State of Washington.
Page 11 of 12
Exhibit `B"
Drawings
Page 12 of 12
- - - - - -- ------------------------
4TH AVENUE
- - - -r -- -T--------
I
11 45242.90351
I I 11 I I
I I 11 I I
I I IL- - - - --4 1
145242.90501 I 1 I I
1 I I 1
I I 1 I 1 SEE SEC
SHEET
1 I
I I o 1 I M I
__J I N 1 I 0 I c
C 1 45242.9036 1 N 45242.90561 't 1 45242.9032
ern I <'o I cv l
45242.9051 1
ti
i i i i I i
I I I
I I
EXISTING GATED
APPROACH
-j 1V --
LOT 1 I
'BLOCK 7 °I 1
.1 w�\
> LOT 2 ; z — —
BLOCK 7 1 J 5TH LANE
- J15 - -- w
OT 3 l 0
MF -2: TOTAL ACREAGE =
11.30± Ac X 22 UNITS /Ac =
248 UNITS ALLOWED OVERALL
MF -1: ACREAGE =
1.78± Ac X 12 UNITS /Ac =
21 UNITS ALLOWED IN 120' STRIP
227 UNITS ALLOWED ON REMAINDER OF PARCELS
L SEE SECTION
BLOCK 7 r-1 g 1
SHEET 2
LOT 4
BLOCK 7
LOT 5
j °BLOCK 7
� - 115_��� i
LOT 6 tt ''
/ 10 BLOCK 71 1 j
_ r _115 2D—1
LOT 7 1
BLOCK 7
,,.BLOCK
�l
-
LOT 8
/ BLOCK 7
1
N
W E
S
NOT TO SCALE
ROJ #: 08- wC SHEET:
DATE: 01/1 5/10 SITE EXHIBIT
D
DRAWN: JCR 4TH Sc SULLIVAN APARTMENT S v_
APPROVED: TRW
SEC . 2 4, T. 2 5 N . , R. 44 E. W.M. CIVI AND TR NSPORTATIION EN O
SPOKANE VALLEY, WASHINGTON 2528 NORTH SULLIVAN ROAD
SPOKANE VALLEY, WASHINGTON 99216
PH: 509- 893 -2617 FAX: 509- 926-0227
PROPERTY LINE (TYP.)
120'
TYPE 1 BUFFER STRIP 10' WIDE
(MODIFIED FROM 5' REQUIRED)
5' HEIGHT DIFFERENCE- MUST BE PLANTED WITH TREES
RESIDENTIAL ZONING TO THAT WILL MATURE TO 35' OR
MF -1 ZONING HIGHER
L
40'
ORION
STD
RESIDENTIAL
ZONING HOUSE
ROOF LINE
PROPOSED
4TH AND SULLIVAN
DEVELOPMENT
MIN. PLANTING I
REQUIREMENT: EXISTING 6' HIGH
3" CALIPER SIGHT OBSCURING
FENCE
115' -`
I
I
I
EXISTING HOUSE i 35'
SHELLEY LAKE
P.U.D.
MOORE
LANE
- ------------------- - - - - --
I-- 15'
50' 140' PROPOSED SETBACK I 40'
- i 50'
I--- 25' -
(20 MINIMUM REQUIRED)
* *NOTE:
BUILDING HEIGHTS
REFERENCED ABOVE PER SPOKANE VALLEY
MUNICIPAL CODE
SECTION 19.40.020 AND TABLE 19.40 -1.
BUILDING HEIGHT
DEFINED PER APPENDIX A- "DEFINITIONS" IN THE
SPOKANE VALLEY
MUNICIPAL CODE.
NOT TO SCALE
PROD #: ❑e -sa 1
DATE: 01/15/10
SITE EXHIBIT
V W _ C
SHEET:
DRAWN: JCR
APPROVED: TRW
4TH & SULLIVAN APARTMENTS
a
SEC . 2 4, T. 2 5 N . , R. 44 E. W.M.
CIVIL AND TR NSPORTATION ENGINEERING
SPOKANE VALLEY, WASHINGTON
2528 NORTH SULLIVAN ROAD
SPOKANE VALLEY, WASHINGTON 99216
PH: 509- 893 -2617 FAX: 509- 926 -0227