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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 ,' t (~ III ~ uu~ @3r24/c"&@5 03 @EP 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 1A~• 111-11 5194673 ~o P~ge~ ^ 8 of 9 ~ 111, i Y I~~K~11-111 ,. S,oa3cane~Co,0WR08P Exhibit "A" Ermlrsa ,~ 45094.OSOS 4 3 ans ~e , 45094.0505 PINCROFT 1ST E1/2 OF ELKS 4-6-72 ~ ~~ ~ 6194673 . II I Page ~ 9 or s I 1 ~~ I ~ I I 03/54/2005 83 ~ 06P . . ~ti,>~~ _ = U : NM ttT,` I 5 ~~. Spokane Ca, !!R s ~ -..~. ~;..,~~ '~~-t~' ~`~` Extiibit'B' Y: _si ~"~ 4 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°~