05-037.00 Northwood Properties
RETURN ADDRESS
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
~~
5194673
- Paoe ~ 1 of 9
03f%91et:8:~ 03 ~ 89P
t N NT, I a Spokane Co, !IR
Please TXpe or Print Neatly 8 Clearly All Information
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (last Name, First 8 Middle Initial)
DeveloperlDwner. Northwood Properties
Grantee(s) (Last Name, Firs4 8 hAiddle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal DeSCt'IptlOn (Abbreviated form is acceptable) i.e. SectionlrovrnshiplRangel1l4 Section
45094.0506
Pinecroft 1S1 E Y~ of Blocks 4-8-12
Assessor's Tax Parcel ID Number: see above
The Coun#y Auditor will rely on the information provided on this form. The Staff vrill not read the document to verify the Accuracy or
completeness of the indexing information provided horoln.
Sign below only if your document is Non-Standard.
I am requesting an emergency nonstandard recording for an additional fee as provided in RC4V 3ti.18.0i0. I understand that the
recording processing requirements may cover up or othernise obscuro some parts of the text of the orfglnal document. Fee for non-
standa ..pro sing is 550.
- ~ ..--~' ~~ r,..
SEgnature of Requesting Party
~i-~l~lll_Itt 5194673
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Ililc I Y K ~~R Spokane Co, t,R
-vil'1'ItATION AGREEI~IE1\rT
SK 27 (P1N1H;S :IZOA I:)) / 1VI~A7\TSFITI..>) ROAD CONSTRUCTION .PROJECT
This Mitigation Agreemenl ("Agreement") is entered into by~ and between
Northwood Properties ("Developer"), a Washington Corporation, having offices for the
traa~sacti.on of business at 96l 6 1~. Montgomery Ave.; Spokane; Washington 99206; and the
City of Spokane Valley ("Clay"),apolitical subdi~~ision of the State o:f Washington;
hereinafter jointly referred to as "}'arti.es":
RECITALS
The City; in cooperation w~tli Spokane Count= and the Washingon State
Department of Transportation, is planning to design and construct unprovemenls to the
512.27 (.Pines Road) and ~~lansfield Road corridor with "Transportation Partnership
Program (TPP) grant funds from the Transportation Improvement Board (TIB) and
Congestion A~lanageinentlAir Quality (CIv1A.Q) grant funds fmm the Spokane Regional
Transportation Council (SRTC). "I'he narne of the project is the Pines/Mansfield Corridor
Congestion Relief Project ("Project") and the purpose of this project is to alleviate
existing and future tral:Tic c;ongeslion in this area.
I`he Project ~a=ill reconfigure the W13 ramps of i-90 at SR-27 (Pines Rd.), using the
existing slip ramps to T~~diana A~=e. and Montgomery Ave. W$ oft=ramp traffic «ill use
the slip ramp to a signalized intersection at J»diana Ave. WB on-ramp 1Taff c will use t:he
tilip ramp at 1\~iontgomer}= Ave. `J'o unprove operation of the WB on-ramp and ensure
safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp uTill be onc-
~vay, westbound only. Therefore, t:o provide access to Pines Rd. for the properties west
of Pines Rd., Mansfield At=e. will. be iiziproved, with a trafCc signal at the intersection of
Mansfield Ave. & Pines Rd. Curb, gutter; sidewalks and bile lanes will also be
constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines lid.
intersection to bring this intersection up to an acceptable level of service.
2. The Developer is the owner/developer of certain real propert}= generally located
u~thin the STt 27 (F'i.nes Road) and Mansfield Road corridor north of Interstate 90 legally
described in P.xlibit "A" ("Property").
3. The Teveloper is developing the Property for residential and/or commercial uses
(the "Development") ~~fiieh will increase traffic congestion and directly impact existing
transportation infrastructure along the Pines/Mansfield corridor from and including the
on- and off .snips at T-90. lvl:itigation of these impacts w711 be required as part of the
development of said property.
4. "1'he Parties are desirous of entering into an Agreement ~~fiich provides for the
payment of a proportionate share of the Project in consideration for the allocation of a
specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated
with the Development.
~~~~~ 5194673
Northwood Properties,l\~~ .~n AgTree~~~cT~t Aape~ ? of 9
PinesLMansi:ield Road Construction Project U , I 03!~412E05 6~3~08P
ilT, I ;; Spokane Co, WA
5. The Developer recognizes the need to improve the traffic congestion. in the
Pines/Mansfield corridor and .has agreed to financially participate in the Froject by
contributing apro-rata share of the required local matching funds. The Developer's pro-
rata share is based on the total number of trips pre~riously estimated for the Development.
ti. Pursuant to 1Z.C~' 43.21 C.060, and RC~~' 82.02.020, the City has the authority t.o
allow a payment to mitigate a direct impact that has been identified as a consequence of a
proposed development. The City (1) has identified futuue road projects necessitated by
planned development in certain areas of the City; and (2) has identified a reasonable
relationship between impacts generated by the Development to the transportation system
and the financial. contribution toward those impacts.
7. '1"o mitigate the direct impacts of the Development upon c~istuig transportation
facilities, the Parties are voluntarily entering into this Agreement pursuant to RCVt'
82.02.020.
8. It is intended that this A greement provide !Funds in order to mitigate the direct
tra[~c-related impacts of the 1evelopment upon the environment rvh_ich have been
identified through the SPA review process and documenl:ed in the City File
T`TO_ R,r7-06-04.
AGRFFMEiVT
NO~~I'; THER(;~'ORP:; in consideration of the mutual covenants and conditions hereafter
set forth, the Developer and the City hereto agree as follows:
1. Voluntan~ A~reemcnt. This Agreement, including all attached documents; is a
voluntary agreement as that term. is used in RC~V 82.02.020. 1"he mitigation fees
charged herein are proportional to the traFfe-related impacts generated by the
Development. The parties acknowledge that the capital project is reasonably
necessary to mitigate the direct traffic impact o.i.'the Development. In the event this
mitigation agreement is determined by a court to Ue null and void the City shall
refund the unexpended portion of mitigation f~;es. FCil.lowing a tcrmnatioq of this
agreement the Developer shall, as reasonably required, mitigate the direct traffic
impacts of the Development through. the State rnvironix~ental Policy Act.
2. Project Funds. the Froject is being funded .from several sources including, the
~Vashington. State laepariment of Transportation (~~'SDO1'), the '77.13, the SRTC; the
City, and private developers. Funds from ~VSDOT, I'i13, SR'[ C and the City have
been. obligated. See "Exhibit B".
3. 7Vliti~ation N`'ee. '1"he Developer. shall. pay $1.;821; ($303.4ti per P.lvl. Peak 1-iour trip);
which has been determined to be the Developer's contribution to the Project for
mitigation of future traffic impacts related to the Development. "leis traffic
mitigation fee shall be expended towards the design, right-of-~vay acgtusition, and
construction o:f: the Project.
Y:SPUIie R'nrksSC~iu! Prejettz,Pin~ 1;ansfieluM1l.faigatian Agcxa~enb'~Afitigatiua AgeemenuNil'I'IGATION AGRF,I;AtFYP Nnrsh:-nod FRoQerties.f~oc
_ 'iu~.
North~~'ood Propertie~,1`_ ~yn A;reernent ~ I~ 5 194673 9
Pines/Mansfield Road Construction Project: I ~ ~~ ~j 03/24/2005 03~88P
Nt, I SP(~KP ~ Spokane Co, !1R
4. Payment 1 o begin the dcsie}i of the Project, the Developer agrees to pay all, or at
least 20% of its mitigation fee no later than February 25, 2005. A letter of credit,
savings assignment, set-aside letter, or other appropriate mechanism that gives the
City a unilateral right to access the funds pursuant to this agreement from a financial
institution sbal_l also be provided to the City no later than N~ebruary~ 25, 2005 for the
rcmainint? 80% of the T)eveloper's mitigation .fee. The zemai.ning 80% of the
Developer's nutigation~fee shall be collected by the City no later than 90-days prior to
the Project bid date for construction. The City «~Jl notify the T.)eveloper of the
Project bid date when it is determined. All fees paid by the Developer shall be used as
a portion of the local match required for the TLE~ and SR1 C grants related to the
design, right-of way acquisition, and eonstruclion of the Project.
5. Site Development. Building permits will be issued for the Development when 1) this
agreement has been uecuted by the Developer and t:he City, and 2) the Developer's
mitigation fees have been. paid in accordance v<~ith Section ~ above, and ~) all other
conditions of approval of the Development required by state and local laws are
satisfied.
Execution of this ag~reemcnt releases the Developer from the requirement of
u~nstructing frontage improvements on the Property, provided said fronts-ge
improvements are included in the Project. if frontage uprovements are not included
in the Project; the Developer is responsible for constructing frontage improvements in
addition to payin4-the ntigation fees.
6. Compliance with RC~'V 82.02.020. Pa}rn~ent collected by the• City w7il beheld in a
mitigation fee reserve account and may only be expended to fund the design, right-c~f~-
way acquusition, and construction of the Project. Pa}~nents shall be expended within
i:ivc years of collection. The City shall be entitled to reimbtiirsement from the
mitigation fee reserve account for any finds it may expend for the design, right-of
way acquisition, and constn~ction of. the project prior to the collection of the fee. A.ny
funds in the mitigation fee reserve account not upended ~~thiu five years shall be
refunded by the City with interest as provided in RCVJ 82.02.020.
7. Committed P.117. Peak Hour 'T'rips. °a`he City agrees to reserve within the Project' up
to a total. of 6 F.M. peak.l~.our trips :for t:he 1?roperiy until the Development is
complete provided such reservation complies with. all federal, state and local laws at
the time application for a building permit is made. "Complete'' is defined as raving
received all governmental permits and approvals necessary to construct and
permanently occupy the Tevelopment. Tithe total number of P.M. Peak Hour trips for
the Development exceeds tl~e total number of reserved trips noted above, a new traffic
study shall be provided to determuie if additional tragic ntigation is required.
8. Concurrence: In accordance with the City's adopted concurrency standards pursuant
to IZC~V 36.7011, the P.iti~I. Peak IIour trips mitigated herein shall be considered to
have satisfied concurrency for the Project (.zom the Development as provided i.n
paragraph 7. Any remaining capacity shall be available to the general public.
f~1F>~Llit ~4'orldiCapits! Projses~Pines-1,7ansfieldVAfaieetim ~grecnmts'dr1it~:iac~ Agcemeal3~tiffi[CiATI°T' AGe~la~t.7l3otlhwuud fte~ptlip.Ctic
~lii 111111. 5194673
Northwood Properties, h. ~~~n Agreem~ I rs~ge~ 5 of 9
.NincsMian fold Road Construction Projece (~~~ Ijjl 03/c'4J29~5 63~08P
t T, I Y K ~ < Spo~ane Co, WR
9. yotice: All communications, notices or demands of any kind which. a part}' under.
this Agreement is required or desires to give to any other party shall be in writing and
be either (l) delivered personally, (2) sent by facsimile transmission with an
additional copy mailed lust class, or (3) deposited in the U.S. mail, certified mail
postage prepaid; rcttu~ receipt requested and addressed as follo~i~s:
If to the Cit}~: City of Spokane Valle}~
11707 L. Sprague Ave., Suite 106
Spokane Valley, wA 99206
Fax: (509) 921-1005
At11i.: Cite i~fanager
If to the 17cvclopcr: Ted Gunning
Northwood Properties
961.6 E. i\~tonigomery Avenue
Spokane, WA 99206
10. Successors. This Agreement shall be binding on and inw-e to the benefit of the
successors and the assigis of the Parties.
1 l . G~>'vernin~ Law. This Agreement shall be constn~ed in accordance v«th the laws of
the State of Washington. Any action for enforcement of this Agreement shall be
brought in a court of competent jurisdiction in Spokane Coiu~ty, ~~Vashington or as
otherwise provided by statute.
12. M~,dificati„ns. No modification or amendment of this Agreement sha11 be valid until
the same is reduced to ~writuig and executed «~ith the same formalities as the present
Agreement.
13. ~'Vaivcr. l~jo oFlicer, employee, agent or otherwise of the City has the po~jer, 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.
14. Jlenresentation. 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 fo bind any of the Parties hereto. This
agreement shall. meet the mitigation requirements for direct traffic-related impacts of
the Development within the Project limits as described in the Project description i.n
Section 1 of the R.ec~itals and as identified and documented in the City hilt(s)
referenced in Section 5 of the Recitals. This agreement shall. not supersede any other
conditions of approval not directly related to traffic-related impacts of the
Develapment within i:he Project limits.
P:1PoSlic A'afizSCapcx] P.ejees'~irs :MansGt+~d•Mil~;aln9u Alyot~rrlalbfitiufllim A,y^tttm~ca[5~1U'I7GAT101 AGRQlrA:l;NT rOrthwnad ProperSa.dx
1.~41LIIIl 5194673
1\Tor1:11wood Properties; `. ~n A€reemen I Aa~et 6 of 9
Pines/l~lansfield Read GonSfruction Project ~ n-m~ 83/24/'895 03t@H?
~ ~, 1 Y r K ~ Spok2ne Co, hR
A_ll. Parties have read and understand all of the Agreement, anal no~v si:ate that no
representation, promise or agreement not expressed in the Agreement has been made
to induce any Party to execute the same.
1 S. Authi~rity. Both Parties to this Agreement represent and certify that they have Pull
authority and po~~~er co enter into and. carry out ttus Agreement. The persons signing
this Agreement represent that they have authority to act for and bind their. respective
pri.ucipals.
K1YuLlic R'orkxU:ayiul PrejectslPines-Mansfieltfikf~ttymfiea A,~ac~a-1KIth,,ulon A~eemenrs~AtT11GATTON AGItEEA~.`7T T}outLwtxn! Piupct[ief.doe
North~~~ood Properties, ti_ ~~n A.greemen
Pines/ivfansbeld Road Consl:ruction Pmjcet
~•~~~ 5194673
1 I I ~ k4le 85 A3 ~~?
API T I ~~ ~ an Co, 11A
iN W1I"1\jFSS «~HI/R.EOI ;the Pariies have executed this A~ Bement this ~ day of.
_~`~; 2005.
DL VI~~I,OIE'l~R:
I~TOrth~v od 1='rope 'es
Jay: .~
Jae Cunniu~
STATE OF `VAST-i]~1GTON )
ss.
County of Spokane )
zc~: ~P~ ~
On this ~ day of ~ Q..'~_~i 200 before me, the
undersigned, a i~lotar}~ Public ' and for the Stec of ~~-~ashington, duly commissioned and
sworn, pers~y appeared = A, ~c~p~,..iYt~_ tome kno~~~ to be the
E~.,1~t(' t~~ (i<(-~'1 o f ~ ~ _ i~ - ~'t ^ the
corporation that eYe~cuted the foregoing rostrum t, and acknowledged the instrument to be
the free and vohtr-tary act and deed of the corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorised to execute the i.nstniment.
`VC'I:I~fF~S my hand and official seal hereto affixed the day and year i.ti this
certificate above written.
No ry ublic ~~
Sm4e of Wash(nggtoar .
CAROLYPJ J. GEORGE
~flY C014i~i1tSSiOt~! EXPIiiES ~t
Dec. 15, 2007
CITY OJh SE'UJKAI~TL VA:L1~:~1':
~rL-
David Mercier, ~ ,~vlanager
A1~"~ I':
;~
kris Bainbridge; Cit}° erk
commission expires:
of
A~'1'xovlr As To l~o~~:
Cary L 'skell, Deput City Attorney
P:U'ubdic 14'oii{~.C.apetal Pru_ixt~Pinrf-MansficldSAlixig,~rnn Ageemem~Alicigmiun Agrmr-s V![[YGA770N AG1tEE1.1~?tT TUrzharoai ProFrsties.~'ot
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Exhibit "A"
Ermlrsa
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45094.0505
PINCROFT 1ST E1/2 OF ELKS 4-6-72
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PineslMansfield Cost Estimate
PE ROW Construction Totals
City Portion -Mansfield Ave. (3-cane Section) .
Preliminary Engineering $75,622 ..
Soils Investigation $15,000
Right-of--way $600,000
Project Signing $2,OD0
Contingencies - 10% $75,622
Construction Engineering - 10°.6 $75,622
Construction - 10% $76,220
Environmental/Misc. Eng $16,393
Subtotals $107,015 $500,000 $909,404 $1,616,479
WSDOT Portion
Design Engineering $200,000
Right-of-tir•ay (Euclid) $25,000
ROW -Pines $100,000 '
_ Construction $1,570,4b4
Contingencies $65,745
Sales Tax - 8.1 % $123,158
Construction Engineering 16% ~ $262,979
Subtotals $200,OOD $125,000 $ 2,022,346.00 X2.347,346
TOTAL $307,015 $725,000 $2,931,810 $3,963,825
Added $50,000 per rev ised estimate from VJSDOT for addifion al flagging required at RR crossing.
TI B $ 2,193,561 559'°
Developers $ 499,795 13 i°
City $ 55,000 1
WSDOT $ 55,000 1 °!° '
Ct+11AQ $ 1, i 60,500 29% _
Total $ 3,963,656 i 00°~