05-039.00 Centennial Properties, Inc~~ ~r~
RETURN ADDRESS
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley; WA 99206
Attn: Chris Bainbridge, City Clerk
5194641
Page t of 12
0312412005 82=41P
NI'i ttT, I ~ , Spokane Co, M
Please Type 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 & W9iddle Initial)
I?eveloper: Centennial Properties, Inc.
Grantee(s) (Last Name, First & P.9iddle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal DescriptlOn (Abbreti~iated foml is acceptable) i.e. Section/TotivnshiplFtange111k Section
45033.9128 - 03-25-44 PARCEL A OF RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE
#4871947 bk 105 pg 95 being a portion of sw
45035.9129 - 03-25-44 PARCEL B OF RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE #
4871947 bk 105 pg 95 being a potion of S '/
45104.9120 -BSP 2004-01 (AFN 5123854); Lot 1 (PTN SE % of 10-25-44, AKA Mirabeau Point I Binding
Site Plan, BSP-01-04)
45104.9118 - 10-25-44, PTN of NW '/. of SE % DAF
45104.9121 -BSP 2004-01 (AFN 5123854); Lot 2 (PTN SE'/ of 10-25-44, AKA Mirabeau Point I Binding
Site Plan, BSP-01-04)
45104.9122 -BSP 2004-01 (AFN 5123854): Lot 3 (PTN SE %< of 10-25-44, AKA Mirabeau Point I Binding
Site Plan, BSP-01-04)
45104.9123 -BSP 2004-01 (AFN 5123854): Lot 4 (PTN SE'/< of 10-25-44, AKA Mirabeau Point I
Binding Site Plan BSP-01-04)
45104.9124 -BSP 2004-01 (AFN 5123854); Lot 5 (PT SE % of 10-25-44, AKA Mirabeau Point I Binding
Site Plan, BSP 01-04)
~~ '-~ S
__` ~ `~II~IIII;IIII 5194641
I~~ "rrn €33/2412008 021 41~
N , I K ~ •~ Spokane Co, DtR
45104.9125 -BSP 2004-01 (AFN 5123854}; Lot 6 (PTN SE %< of 10-25-44, AKA Mirabeau Point I Binding
Site Plan, BSP 01-04)
45105.9097 - 10-25-44 PTN OF N % OF SE '/. LYG N OF UNION PACIFIC RAILROAD (ALSO KNOWN
AS SPOKANE INT RR)
45113.9025 - 11 25 44 PTN OF N %2 OF SW '/< LYG N OF SIRR RNV & SLY OF A LN DESC UNDER
DEED # 634340C DATED JUNE 30-1972.
45114.9028 -11 25 44 PTN OF GOV L6 LYG N OF SIRR RNU & SLY OF A LN DESC UNDER DEED #
634340C DATED JUNE 30-1972 _
Assessor's Tax Parcel ID Number: see above
The County Auditor vrill rely on the information provided on this form. The Staff tivill not read the document Po verffy the Accuracy or
completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am retluesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the
recording proc ing requirements may cover up or othen~nse obscure some parts of the text of the original document. Fee for non-
standyr¢-gro sing is 554.
r v~~ -
ture of Requesting arty
A~1IT1GA=11UlV AC:KL.>Ji~I»N T
SR 27 (PII~'ES ROAD) / M.4NSI?I:E[.,:D RUAL) CUNfiT1tIJC;TIC)N l'RU~):LCT
1"his Mitigation Agreement ("Agreement") is entered into by and between
Centennial Properties, ):ne. (".1eveloper"), a RTashington Corporation, having offices for the
transaction of business at 3320 N Argonne Road, Spokane, «'ashington 99212, and the City
of Spokane Valley ("City");apolitical subdivision of the State of Washington, hereinafter
jointly referred to as "Parties":
RECITALS
l . The City, in cooperation with Spokane County and the Washington State
L7epartinent of Transportation, is planning to design and construct improvements to the
SR 27 (Pin.es Road) and Nl.ans:6el.d .12.oad comdor with Transportation Partnership
Program ('f PP) ;rant funds from t1.ie Transportation Improvement I~nard (TII~) and
Congestion ManagementlAir Quality (CM:A.Q) grant funds from. the Spokane Regional
Transportation Council (SRTC). The name of the project is the Pines/Ma.nsfield Corridor
Congestion Relief Project ("Project") and the purpose of ibis project is to alleviate
existing and future traffic congestion in this area.
The Project will reconfigure the V~Tl3 ramps of I-90 at SR-27 (Pines Rd.), using the
exi.sti.ng slip ramps to Indiana Ave. and Montgomery Ave. 1~1j13 off-ramp traffic will use
the slip ramp to a signalised intersection at Indiana Ave. «~B on-ramp traffic will use the
slip ramp at iiviontgomery Ave. To irnprovc operation of tl~e \~l~B on-ramp and ensure
safety, the portion o:(.'Montgomery Ave. between Pines Rd. and the slip ramp will be one-
way, westbound only. Therefore, to provide access to Pines Rd. for the propt;rties west
of Pines ltd., Mansfield Ave. X11 be improved, with. a tra[:fic Signal at the intersection of~
Mansfield Ave. ~X; :Pities ltd. Curb, gutter, sidewalks and bike lanes will also be
constructed. In addition, a signal will be il~stalled at the i\%firabeau Pl:vvy & Pines Rd.
intersection to bring this intersection up to an acceptable level of service.
2. 1'he Developer is the owner/developer. of ce.rtait~ real. property generally located
whthin the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally
described in :F.xh.i.bit "A" (":property").
3. J'he l~eveloper is developing the Property for residential oodles commercial uses
(the "laevelopment") which will increase traffic congestion and directly impact existius
transportation infrastructure along the Pines/Mansfield corridor from and includuig the
on- and of.-1=ramps at I-90. Mitigation of these impacts will be rcquirEd as part of the
development of. said property.
4. The Parties are desirous of entering into an Agreement which provides for the
payment of a proportionate share of the Project in consideration for the allocation of a
specified number of P.M. Peal:: Hour trips and mitigation of trafCc impacts associated
with the Development.
5194641
Fage~ 3 of 12
~~I2412S@5 @2~41r'
5',rakane Co, WA
II.I~ I t~~~t 6194641
~ Pages 4 of 12
Centennial Properties, Lr~_ , l~~ation Agree I~ 031~412~85 8P~43P
~' U NT, I ds<A ~', Spokane Co, WR
Pines/iylansfield lioad Construction Project _
5. The Teveloper recognizes the need to improve the traffic congestion iii. the
Pines/~~Iansfield corridor ar~d has agreed to financially pa.cticipate in the 1='roject by
contributing apro-rata share of the required local inatchi.cig fuL~ds. The T)eveloper's pra-
rata share is based on the total number of trips pre~~i.ously estimated for the levelopment.
6. Pursuant to R.CW 43.21 C.060; and 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. 1'he City (1) has identified future road projects necessitated by
planned development i.n c;ertain 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 tov~~ard those impacts.
7. To .n~.itigate the direct impacts of the Development upon existing transportation
facilities, t:he Parties are voluntarily entering into this Agreement pursuant to RCW
82.02.020.
8. It is uitended that this Agreement provide ~l~unds in order to mitigate the direct
traf•,fic-related impacts of the 17evelopment upon. the ea~~ironment which have been
identified through the SEPA review process and documented in the City File No. ZF., ~7-
96/13SP-O1-04 and Vlirabeau Point l+inal 1/rivironmental Lnpact Statement (PETS).
aGxiL:~N1JEN
NO«'; `1`I~tEIt~L"U1ZL, in consideration of the mutual covenants and conditions hereafter
set :forth; the Developer and the City hereto agree as follows:
1. Voluntar~~ A~rcement. This Agreement; incl-tiding all attached documents, is a
val~u~tary agreement as tliat tenr i.s used in R.CW 82.02.()20. The mitigation fees
charged herein are proportional to the traffic-related u~~pacts generated by the
laevelopmenl. The parties aekno~vlcdgc that the capital project i_s reasonably
~necessa.ry to mitigate the direct traffic impact of the Development. l.n the event this
mitigation agreement is determined by a court to be null and void the City shall
refiand the unexpended portion of nutigation fees. Following a termination of this
agreement the Developer shall, as reasonably required, mitigate the direel trafl:ic
impacts of the Development through the State Environmental Policy Act.
2. l'roicct Funds. The Project is being flulded from several sources including, the
~'i'ashington State Department o f Transportation (~~'SDU"1 ); the "1'l:i~; the SRTC, the
City; and private developers. Funds from ~TdSDOT, TIB; SRTC and the City have
been obligated. See ")/xlubit 13".
3. Mitigation J±ee. The Developer. shall pay Sl 51,730, ($303.46 per Y.M. Peak T-lour
trip), which has been determined to be the Developer's contzibirtion to the Project for
mitigation of future traffic impacts related to the Development. 'I'bis traffic mitigation
p;lf~lic W~p&n! Rnjens5pinc \4nnsaeldlAfitiss:iae f~pteru[rSS.Kiti3atioa AgrectnenlShAtR1GATtOA' ACsAF£41FiYT Crntsnia] Pmpeusdnc
li~~ EI111_III 5194641
' Centennial Peoperties; ]r. ~~ation Ag7ec;m, Page 3 aF 12
sr ~~_~~ 03/24X395 02 aiP
Pines/It9.ansfeld Koad Construction Project 1 I~ ~ ~~ ~ ~ So~kane Co, WA
Hi {,
fee sbal_l be expended towards the design, right-of--way acquisition, and construction
of the Project.
4. Payment To begin the design of the Project, the Developer agrees to pay aU, 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 i:o access the funds pursuant to this agreement From a financial
institution shall also be provided to the City no later than la ebruary 25, 2005 for the
remaining 50% ofthe Developer's mitigation fee. The remaining $U% of the
Developer's mitigation :fee shall be collected by the Cit}~ no later than 90-days prior to
the Project bid date for construction. The City will notify the Developer of the
Project bid date when it is determined. All fees paid by the Developer steal] be used as
a portion of the local rnatcb required for the TIB and S1ZTC grants related to the
design; right-of way acquisition, and construction of the Project.
Site Development. Juilding permits ~;gill be issued for the Development when 1) this
agreement has been executed by the Developer and the City; and 2) the Developer's
initibation fees bare been paid in accordance «~th Section 4 above, and 3) all other
conditions of approval. of tfie Taevelopment required by state and local. laws are
satiSlied.
Execution of. this agreement releases the 1eveloper from t:he requirement of
constn~cting frontage improvements on the Property, provided said frontage
improvements are included in the Project. if frontage improvements are not included
in the Project, the Developer is responsible for constructing frontage improvements in
addition to paying tl~e mitigation fees.
6. Compliance with RC~'~' 82.U2.O2U. Payment collected by the City w711 be held in a
mitigation fee reserve account and may only be expended to fiord the design, right-of-
way acquisition, and construction of the Project. Payments shall be expended «~t11in
five years of collection. "I`hc City shall be entitled to rein~burscment from the
mitigation fee reserve account for any funds it may expend for the design, right-of-
wayacquisition; and construction of the Project prior to the collection of the fee. Any
funds in the mitigation fee reserve account not expended within f ve; years shall he
refiulded by the City with interest as provided in RCW 52.02.020.
7. Committed I'.~VI. Peak Huur Trips. The City agrees to reserve within the Project up
to a total of 500 P.M. Peak Hour trips for the Property 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. "C:ompl.ete" is defined a5 having
received all governmental pernuts and approvals necessary to construct and
perinanently occupy the neveloprnent. If the total number o.i:' P.M. Peak Hour trips for
the T)evelopment exceeds the total number of reserved trips noted above, a new traffic
st<~dy shall be provided to determine if additional traffic mitigation is required.
F_1WLIic~i'ccksSCapitalP~ojcaslFixa.V.amfir:Id:4Si~~:inn ~P**m•~tAfaigu~nA~ecmc~sl.~SCCIGATl4NAGRF,Et.1ETTC~mnialFra~-.nia.moc
lii,. 11.1111 5194641
Centennial Properties, In _ i~~t~tion Agrcem ) ~a.~e~ 6 of i2
PineslMansf eld Road Construction Project ~ II~~ ~~-~~~~ 93!2412865 0i? ~ 41P
1 ,< Spokane Ca, WR
b. Concurrence: ]il accordance ~~1th the City's adopted concurrency standards pursuant
to RC~V 36.708, the 1?.i~l. Peak Hour trips mitigated herein shall be considered to
have satisfied concurrency far the Project from. the -Development as provided in
paragraph 7. Any remaining capacity shall be available to the general public.
9. Notice: All communicatiorLS; notices or demands ofany kind which a party under
this Agreement is required ar desires to give to any other. party shall be in ~~~riting and
be either (1) delivered personally, (2) sent by facsimile tra.nsmi_ssion ~~ith an
additional u~py mailed first class, or (3) deposited in the U.S. mail; certified mail
postage prepaid, return receipt requested and addressed as iollaws:
if to the City: City of Spokane Valley
1.1707 ~. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Fax: (S09) 921-1008
Attn: City Manager
If to the ]aevelaper: Wayne hrost
Centennial Properties, Loc.
3320 N Argonne Rd.
Spokane, OVA 99212
10. Successors. This Ag~reemcnt shall be binding on and inure to the benefit of the
successors and the assigns of the Parties.
1 ] . (Tovernina i..aw. This Agreement shall be construed in accordance with the laws of
the State of 1~Vashington. Any action for cnforcen_~ent of this Agreement shall be
brought in a eotut of corli.pet:ent jurisdiction in Spokane County, Washington or as
othen~ise provided by stah~te.
12. Modifications. No modification or amendment of this Agreement shall be valid until.
the same is reduced to a7itu~g and executed with the same formalities as the present
Agreement.
13. 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 A~•eement. No waiver
or any breach of this Agreement shall be held to be a waiver of any other or
subsequent breach.
14. Representation. "['his Agreement forms a fully integrated agreement between the
Parties. No other underst:andi.ngs, oral or otherwise; regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the Parties hereto. This
agreement shall meet the mitigation requirements for direct traffic-related impacts of
the J~evelopment within the Project livnit:s as described in the Project. description. v~.
Section 1 of the Recitals and as identified and documented in -the City 1~ile(s)
P:V1tDFe ~4'orkslCaphel PtojcASV'[tea-Marafxl3'\St~^ys:iao /~Cm-~siMiilgs!im Ay wnuitsL~SI7'IGA7'IGN AGRF~Y.EM Cln~~vrJ Pmpcoes.dx
' Centennial Properties, Js, , ~1~~~Htion Arc
Piues+tilar~stield Road CORStrllCtloil Project
.~~~; IIIII_II! 5184641
' Pages 7 of 12
P III, II A~R 8~okaneOCo, ~A41 P
referenced in Section R of. tl~e Recitals. Phis agreement shall not supersede any other
conditions of approval not directly relatE;d to traffic-related impacts of thL
17evelopn~ent «~thin the Project limits.
All Parties have read and understand all of. the Agreement, and now state Thal no
representation, promise pr agreement not expressed in the Agreement has been made
to induce any 1''a.rty to execute the same.
] 5. Authority. Both Parties to this Agreement: represent acid certify that they have full
authority and pUwer t4 enter into and carry out this Agreement. The persons signing
this Agreement represent that They have authority to act for and bind tliei.r respective
principals.
p,1fhihL'ro Wortak,sprnnl Pmjcu~Pinu•t+tars8ddlbtcig:i® Agrxaxeu~TUtgatiun AgainectsU4tTIGAT10N AGREtbtt7: I' C~Gwdal Piopatirs.doc
' Centennial 1?rOpGrtiC:s, Ir. 1~~8tion Agreer
PineslMansfield Road Construe ton Project
~~i~.l 11.1111 5194641
Fage ~ 8 ~f 12
~~~I ~_ 0312412@NS 62 ~ 41 P
U N NT, t _Y _ _ S,oakane Co, WR
TN ~ fil\j~SS ~4VNFIt1JOl?, tlae T~arties have executed this Agreement this ~` ~~ day of
~-~ ~ ~ _, 200x.
DEVFLOPEI2:
Centennial I'ropefties, Inc.
--J~
~V~Gne 1 rost
Its: ~ e-.9~~ i~~artas-~
~~
STATE OF R~ASHNGTON )
) SS-
County of Spokane )
On this ~ day o f: ~
tuldcrsigned; a Notary Public i.n and for
s~yprn, personally' appcarcd~~~~~
~ 200 before mc; the
W~, . >ngl'c~n, duly commissioned and
,n~-~~ to me l,-novvn to be the
~.~n2p1t~, ' ~~/~o~f ~~.~~ ~ ~ ~~ the
corporation khat exec~l~ed the foregoing instrument; and acknowledged the instnunent to be
the free acid voluntary act and deed of~ the corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to e~:ecute the instrument.
~VI"l~T~i>/SS my hand and official. seal. hereto affixed the day and year in this
certificate above written.
``~~,,titiloolari~~i
5. F~ ~"0 4
v p1AR Y ~ r
~, i~~
oa
1
NOTAIz.Y PUF.3LIC, in artd :or the Stale of
~Vashuigton; residing at _~v
My cornrnission expires: ~ _,!_~?Q~~
~~.~~~
Printed I~Tame
CITY QF SPQK~INE/V~ALLE}.`:
~~-
l~avid Mercier, City Manager
~ ,...:
~`.
,~ ,
Chris l3auibridge, city Cl -.
APP OVE FORM:
ary ri c11,17 u ~ City Attorney
P1Pu6l'-c Worts~Cipiw! RejeeuSPcna-hfus6dt!'~4itiy~tien AgroancntsU.lift}yatiau.~ccmcuisSNlfrIGA710N AGRE~M~'~I'I' Crltnnin! Fhr~erties.~oc
~~ Exhibit "A" ~~
kane
45035.9129
45033.9126
45033.9128
03-2b-44 PARCEL A OF RECORD OF SURVEY RECORDED UNDER AUDITORS FILE #4871947 BK 105
PG 95 BEING A PORTION OF SW1/4
40335.9129
03-25-44 PRACEL S OF RECORD OF SURVEY RECORDED UNDER AUDITORS FILE #4871947 BK 105
PG 95 BEING A PORTION OF S1/2
5194641
Page 9 of 12
9312412005 @2~41P
N ~ N , -- I • Y - K b - . Spokane C9, WA
Wage 1 of 3
- a-
M ~
<..
T ~
~00U
0
~~ \ C
~ ti
T ~1 O
~0. ®Cn
~0
-_
~~
~~
~S
~W~
~n
45104.9120
BSP 2004-01 (AFN 5123854): LOT 1 (PTN SE 1l4 OF 10-25-44, AKA MIRABEAU POINT I BINDING SITE
PLAN, BSP-01-04)
45104.9118
10-25-44, PTN OF NW % OF SE'/a DAF: BEG NW COR OF SD NV+/ %a OF SE `/a, TH S 89°56'1 1" E 288.70
Fi' ALG N LN OF SD NW % TO TRUE POB, TH S 89°56'11" E 278.19 FT ALG SD N LN, TH S 0°11'33" W
235.94 FT, TH S 89°56'1 i" E 369.25 FT TO 1N ROW LN OF DISCOVERY PLACc, TH S 0°11'33" VJ 208.50
Fi' ALG SD ROW LN, TFt S1NLY ALG CUR CONCAVE N1rJLY W/ RAD OF 27.50 Fi' FOR 43.14 FT, TH N
89°56'11" 1N 619.25 FT, TH N 0`06'05" E 471.88 FT TO TRUE POB
45104.9121 •
BSP 2004-01 (AFN 5123854): LOT 2 (PTN SE 1!4 OF 10-25-44, AKA MIRABEAU POINT I BINDING SITE
PLAN, BSP-01-04)
45104.9122
BSP 2004-01 (AFN 5123854): LOT 3 (PTN SE 114 OF 10-25-44, AKA h~11RABEAU POINT I BINDING SITE
PLAN, BSP-01-04) ,
45104.9123
BSP 2004-01 (AFN 5123$54): LOT 4 (PTN SE 1J4 OF 10-25-44, AKA MIRABEAU POINT I BINDING SITE
PLAN, BSP-01-04)
45104.9124
BSP 2004-01 (AFN 5123854): LOT 5 (PTN SE 114 OF i0-251`.4, AKA MIRABEAU POINT I BINDING SITE
PLAN, BSP-01-04)
45104.9125
BSP 2004-01 (AFN 5123854): LOT 6 (PTN SE 114 OF 10-25-44, AKA MIRABEAU POINT I BINDING SITE
PLAN, BSP-01-04)
Rage 2 of 3
~ ~ Exhibit "A" } ~~
~~
45105.9097
45113.9025 45 14.9
dia to
cp
/r)diana ~
Nora ~ 90 W290 ON
/ 90 / 90
45105.9097
10-25-44 PTN OF N112 OF SE1/4 LYG N OF UNION PACIFIC RAILROAD (ALSO KNOWN" AS SPOKANE
INT RR) AND LYG E OF I~IIRABEAU PKWY ;TOGETHER WITW PTN OF S1fZ OF S1/2 OF NE1l4 LYG E
OF IvIIRABEAU PKWY AND S OF INLAND EIv1PIRE PAPER RR RNV. (AKA PARCEL "A" OF R.O.S. BK 90
PG 7)
45113.9025
i 1 25 44 PTN OF N112 OF SW1/4 LYG N OF SIRR RNJ &~ SLY OF A LN DESC UNDER DEED ~634340C
DATED JUNE 30-1972
45114.9D28
11 25 44 RTN OF GOV L6 LYG N OF SlRR RM" & SLY OF A LN DESC UNDER DEED l1634340C DATED
JUNE 30-1972
,- . ,...:
5194641
Pa~e~ 11 of 12
0312410005 02~41P
M NT, t Y K Spok~~~e Co, WA
Page 3 of 3
.~ ' ~~ Exhibit'6' ,~~
Pines/Mansfield Cost Estimate
PE ROW Construction TOtaIS
City Portion - thansfield Ave. (3-lane Sc-coon) _
Preliminary Engineering S75,622
Soils Investigation 515,OOD
Right-ofavay $600,ODD
Protect Signing 52,000
Contingencies - 10°N $75,622
Construction Engineering - 10:6 $75,622
Construction - 1096 S756,22~D
Environmental/hAisc. Eng $16,393
Subtotals Si07,015 $G00,000 $909,464 S1,616,479
WSDOT Portion
Design Engineering 5200,000
Right-ofavay (Euclid) $25,000
ROW -Pines $SOD,000 ,
Construction $1,570,464 '
Contingencies 565,745
Sales lax - B. i So $123,158
Construction Engineering 1690 _ $262,979
Subtotals S200,000 $125,000 S 2,022,346.00 $2.347.346
TOTAL $307,015 $725,OOD $2,931,610 $3,963,825
' Added $50,000 per revised estimate from WSDO'I' for additional flagging required at RR crossing.
TIB $ 2,193,561 5596
Developers $ 499,795 i3%
City $ 55,000 196
VJSDOT $ 55,000 196
CPAAQ S 1,160,500 2996
Total 5 3,963,856 10096
5194641
Page 1P of 12
~i3t24/2985 t9i? ~ 41 P
~ NT, I ~' K Spokane Co, WA