05-040.00 SVG View Ranch Estates LLC~}
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RETURN ADDRESS
City of Spokane Valley
11.707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
- - _ ~~,~ -'~I
5194672
Page 1 of 9
U f AT, I ~ 8?!S'4r21D0S Q3 ~ 6SP
Spokane Co, ~iA
Please Txpe or Print Neatly & Clearly All Information
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (task Name, First & Middle Initial)
Developer. SVG.ViQ+n~ Ranch Estates, LLC
Grantee(s) (Last Name, First 8 Puliddle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal DOSCflptlon (Abbreviated form is acceptable) i.e. Section/TotivnshiplRangeJi/4 Section
45091.9002 - 09-25-44 PTN OF SW'/, OF NE Y. DAF; BEG AT SE COR OF N'/Z OF SW'/, OF NE'/.
TH W TO PT OF INTER OF EL OF CO RD 1404 EXTD N TH N ON EXTD LN TO NL OF SPO VALLEY
IRR DIST CANAL RJW TH NWLY ALG SD CANAL RIW TO NL TH E TO NE COR TH S TO POB EXC
SPO VALLEY IRR CANAL R1W
Assessor's Tax Parcel ID Number: 45091.9002
The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the Accuracy or
completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standarcf recording for an additional fee as provided in RCW 36.18.010. I understand that the
recording proc ~ing requirements may cover up or otherwise obscure some parts of the text of the original document Fee for non-
standa~ proG~56inq is S50.
of Reque~ting~ariy
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. .,n~kane Co, !h4
i\!ITTTGAT1nN AGREEiVI1~NT'
SR 27 (PII~'ES 17UAD) / 119A1~TSFTFLD RQAD CONST12lTCTlOi\1 PRO.IFC`T
This Mitigation Agreement ("Agreement") is entered into by anal between
SVG.View Ranch Estates; i,LC, ("Deve•loper"), a ~~~ashington Limited liability
Corporation, having oFtices for the transaction of business al 2910 L' 13`" Avenue, Spokane,
Washington 99202, and the City of Spokane Valley ("City"),apolitical subdivision of the
State of Washington, herei.nafier jointly referred to as "Parties":
1. the City, i.n cooperation with Spokane County and the `Vashington State
Department of Transportation, is planning to design and construct improvements to the
SR.27 (Pines Rand) and Mansfield !toad corridor with Transportation Partners}ip
Program (TPP) grant funds from the Transportation improvement Board ('T'lI~) and
Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional
'Transportation Council (SRTC). The name of the project is the Pines/Mansiield Corridor
Congestion Relief Project ("Project") and the purpose of ttis project is to alleviate
existing and firnire traff c congestion in this area.
the Project ~~xll reconfigure the ~~~~ ra~ups of 1-90 at SR.-27 (Pines Rd.), using the
cxistuig slip ramps t:o Indiana Ave. and Montgomery A.ve. «~13 oft'-ramp.trafiic -will use
the slip ramp to a sigualied intersection at Indiana Ave. ~'V~B on-ramp traffic ~~7I1 use the
slip ramp at Montgomery Ave. To improve operation of the ~V13 on-ramp and ensure
safety, the portion of Montgomery Ave. behveen Pines Rd. and the slip r~tnp will be one-
way, westbound only. Therefore, to provide access to Pines Rd. for the properties west
of l'i_nes 12d., Mansfield Ave. tivill be ituproved, with a traffic signtil at the intersection of
Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes -will also be
constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd.
intersection to bruig this intersection up to ern acceptable level. of service.
2. The Developer is the owner/developer of certain real property generally located
within the SR 27 (Pines Road) and Mansfield 1Zoad corridor north of. Interstate 9t) legally
described in >xhibit "A" ("Property").
3. The Developer is developing the Property for residential and/or colnLnercial uses
(the "Development") which will increase traffic congestion and duectly impact existing
transportation infrastructure along the Pines/~4ansficld corridor. from. and including the
on- and off-ramps at 1-90. Mitigation of these impacts will be required as part of the
development of said property.
4. The Parties are desirous of entering into an A~-eement which provides for the
payment of a pzcaportionate share of the Project in consideration for the allocation of a
specified munber of P.M. Peak Hour trips and mitigation of traffic impacts associated
v<rith the Development.
. t ~ 1~~•~~ I,~~L~ 5194672
S~~G•Vicw Ranch Estate ~ ~;atian AgrcEn Page ~ 3 of 9
' Pines/Mansfield Road Corsi°r~ uiot~ l~ roject II,, II , ^^,^ 031P4/206g 03 ~ 05P
~ 19 , I F~KIA Spokane Ca, WA
5. The Developer recogiuzes the need to improve the tra.f(ic congestion in the
Pinesli~~ansfield corridar and has agreed to financially participate itl the Project by
contributing a pro-rata share of the required local matching funds. TTie Developer's pro-
rata share is based on the total number of trips previously esti~iiated for the Development.
6. Pursuant to RC~i~ 43.21 C.O6O, and RCW $202.020, the City has the authority to
allow a payment to mitigate a direct impact drat has been identified as a consequence ota
proposed development. 'T'he City (J.) has identified future road projects necessitated by
planned development in certain areas of the City; and (2) has identified a reasonable
relationship bettiveen impacts generated by the Development to the transpor[ation system
and the financial contribution to«~ard those impacts.
7. To mitigate the direct impacts of the Development upon existing transparta/ion
facilities, the Parties are voluntarily cnteri.og into this Agreement pursuaait to RCW
$2.02.020. .
S. It is intended that this t~greement provide funds in order to mitigate die direct
teaffic-related impacts of t}ie :Development upon the environment which have been
identified throuC7 the SHPA review process and documented in the City l~ilc
vo. ~.1-44-94.
ACREEML++"i`T'1'
ivO~V, THTRFFORE, in consideration of the muh~al covenaa~ts and conditions hereafter
set forth, the Developer and the City hereta agree as follows:
Voluntan~ A~recment. 'this Agreemen[, incl-tiding all attached documents, is a
voluntary agreement as that term is used in R.CW A2.O2.O2O. The nutigation fees
charged herein are proportional to the traffic-related impacts generated by the
Developnieni. The parties ackno~~~ledge that the capital. project is reasonably
necessary to mitigate the direct traffic impact of the T)evelopment. In the event this
mitigation agreement i.s determined by a court to be null and void the City shall
refi~nd the unexpended portion. o'f mitigation fees. Following a tcr~nination of this
agrr~ement the Developer shall, as reasonably required, mitigate the direct traffic
unpacts of the Development through the State Environmental Polic}~ Act.
2. Project Fuuds. "1'he Project is being funded Trom several sources including, the
Washington State :Department of `1 ransportatian (~~~SDOT), the °t':I.B, the SRTC; the
City; and private developers. hunds from WSDOT, TLL~, SR"1'C and the City have
been obligated. See "Exhibit 13"
1\titiaation F'ce. 3`he 17cveloper shall pay $28,222, ($303.46 per P.M. Peak l~oirr trip),
which has been deternvned to be the Developer's contribution to the Project :for
mitigation o:f' f:uture traffic impacts related to the Development. This traffic
mitigation fcc shall be expended towards the design, right-of-~~~ay acquisition, and
construction o1'the Project.
P:1Pt~lie ~i'pelcjlCtpi4li pmjectsSPins~4~:sfieldWliti~io~ A~tanr_ncL\Sit~mon Agsetuiemsl,Y~TIGA7'fON A[iAEEA~NE Gulos Lvndau`oe
• . Ilu. lull 5194672
' SVG•Vietiv Kanch 1/StFit. 1Y ,;al:iot] Agre ~ ~ Aa~et 4 flf 9
• 1'ines/Nf~insfeld Road Conion Project ~ ~~ n~ ~ (T31e4126~5 03t05P
• U NT, I i(~ ~+; Spokane Co, 41A
The mitigation fee above is based upon the 17cvcloper's current request for an
increased number of lots. Jf the increased number of requested lots is not approved
by the City; the City agrees to refund the difference bctu~ecn what has been paid and
the amount owed based upon the number of approved lots.
4. Payment To begin the design of the Project, the Developer agrees to pay all, or at
least 2U'% of its ntigation fee no later than l+ebruary 25, 21105. A letter of credit,
savings assignment; set-aside letter, or other appropriate mechanisa_m that gives the
Cit}~ a u~vJatera] right to access ilie funds pursuant to this a~~ cement from. a financial
instih~tiou shall also be provided to the City no later than February 25, 20U5 for the
remaining b0% of the Developer's mitigation fee. The remaining bU% of the
Deve.laper's mitigation fee shall be u~llecteci by the City no later. than 90-days prior to
the Project bid date for construction. The City will notify the Developer. of the
1'.roject bid date when it is determined. All fees paid by the 1eveloper shall be used as
a portion of the local match required for the TIB and S1Z'1'C grants related to the
design, right-o(=way acgtusition, and construction of the Project.
Site Development. a3uilding permits will he issued for the Development when 1) this
agreement has been eaecutcd by the. Developer and the City, and 2) the Developer's
mitigation fees have been paid in accordance with Section 4 above, and 3) all other
conditions of approval of. the Development required by state and local laws are
satisf ed.
)/Yecution of this ag~reemcnt releases the Developer from the requirement of.
constructing .frontage improvements on the Property; provided. said frontage
improvements are included in the T'roject. If frontage improvements are not included
in the Project, the Developer is responsible for constructing frontage improvements in
addition to paying the rrritigation fees.
6. Con~nliancc s~ith RCW 82.02.Q20. Payment collected by the City v~~i_ll beheld in a
mitigation fee reserve account and may only be upended to hind the design., right. of~
~vay acgtusition, and construction of the Project. Payments shall be expended withal
five years of collection. 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 acquisition, and construction of the Project prior to the collection of the fee. Any
funds ist the mitigation fee reserve account not expended within five years shall. be
rzfianded by the City with interest as provided in RC~V 82.02.020.
7. Committed :I:'.I1!f. Peak Hour Trips. The Cit}~ agrees to reserve within the Project up
to a total of 93 P.>Vt. 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. "Complete" is defined as having
received all governmental pernuts and approvals necessary to construct and
permanently occupy tLie Development. If the total number of P.i\~. Peak Haur trips for
the Development excc:cds the total number of reserved trips noted above, a uew t~aafic
study shall be provided to determine if additional traffic mitigation is required.
P:5}Lilic A'ar{:sUC~ita! Pcaje~slPiss-04a.'ttftddthfit{gmeen AgK•-R-d?.titipxiiou.t~ttmenlSU.tITiGATION A('sAEEhtENf Cuioa [~adn.doe
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' SVG•View ranch Estate ~t,~tion Agreer ~Pdq?~ S of 9
Pines/iyfansi~ield Road Construction 1}roject ~ ~ T~ I ~n°ut~ 03t24/2~85 03~05P
1 ~~K S,ao~ane Co. 61,9
S. Cc~ncurrene~=: Ln accordance ~~rith the City's adopted coiicurrznc}= standards pursuant
to RC~V 36.70A; the P.V1. Teak Hour trips mitigated herein shall. be considered to
have satisfied concurrency for the Project from the Development as provided in
paragraph 7. Any remaining capacity shall be available to the general public.
9. Notice: ALl communications, notices or demands of any kind which a party under
this Agreement is required or desires to give to auy other party shall be in writing and
be either (l) delivered personally, (2) sent by facsimile transnussion «ith an
additional copy mailed first class, or (3) deposited in the ~U.S. mail, certified mail
postage prepaid, return receipt requested and addressed as :follows:
1f to the City: City of Spo}:ane Valley
11707 E. Sprague Ave., Suite 106
Spokane Va11e}=, OVA 99206
Fay: (509) 921.-} OOA
Attn: City 1\'].anager
Tf to the Developer: Carlos .L,anda
SVG.Vie~~=Ranch Estates; LLC
2910 L 13u' Avenue
Spokane, ~~1~A 99202
10. Successors. Plus Agreement shall be buiditig on and inure to the benefit of the
successors and the assigns of the Parties.
1 l . Governing :~a~i~. This Agreement shall be construed in accordance with the laws of
the State of \~ashington. Any action for. enfozcement of this Agreement shall be
brought in a court of competent jurisdiction in Spokane Cr>unty, ~~'aslungton or as
ot:henvise provided by statute.
12. yTodifications. No modification or amendment of this Agreement sh. all. be valid until
the same is reduced to writing and executed ~ti=ith the same formalities as the present
Agreement..
13. V1'L~iver. No officer, emplrJ_yee; agent or othen~=ise of the Cily has the power, right or
authority to waive an}' of the conditions or provisions to this Agreement. Flo waiver
or. any breach of this Ag~reemcnt shall. be held to be a ~~=giver of any other or
subsequent breach.
14. Representation. This A~'eement forms a fully inte~-ated 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 guy o:f the Parties hereto. This
agreement shall meet the mitigation requirements for direct traffic-related impacts o:f
the Development within the Project limits as described in the Project description in
Section 1 ofthe Recitals and as identified and documented in the City File(s)
reicrenccd in Section_ ~ of the Recitals. 'llus agreement shall not supersede any other
conditions of approval not directly related to traffic-related unpacts of the
1'.1Puhlic N`pficsSCn~:al Praje~s3'iu~hLivCtddV+flt~i e:ioo Agxrz~n:s \~t~tinn ,1~seemcn~s'Q.177'IGA77UN AC~RF,f;M11ENT Cutos I.andaAnc
' SVG.View Ranch Estate ~~iCion AgreE; 5194672
1'ines/iVia.nsfield R.oact Construction Project , I1I P2ge~ 6 of S
~~ ~ ! AKA ~ 03124/2@@5 b3~0~P
•• u~ Spokane Co, WA
Development within the Project limits.
All Parties have read and understand all. of't:he Agreement, and now Slate than no
representation, pronuse or agreement not expressed in the Agreement has been made
to induce any Party to execute the same.
15. Auth~ritV. Both Parties to this Agreement represent and certify that they have Tull
authority and power to enter into and carry out this Agrcetnent. The persons signing
this Agreement represent that they have authority to act for and bind their respective
pri.nc•ipal s.
P:lPu1~ic R'arls'ICrymtal PrnjectsV'ia~~ta*s1icLQQ.lrtigalian AgttmCUtb~MIt1yMI0n Agrarnr~riV~i~'I'IGA'I'IOi`l AGR$~.Vtl?D1T Cezlos Landa.dx
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SvG•~~iew FZanch )/stai. ~ ,ation Agreerne Fage~ ] of 9
E'inestiVlansfeld Road Consv c on Pro"ect IIII .,,°. 031~9/c"89~ 03~~5iF
~ V N t, I SP K~ ,.i„ S,~ok~ne Co, WA
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[N ~'i':C"i'~]"I~SS RTHFRrOF, the Parties have executed this Agreement this '" day of.
.d,~p.. ,Zoos.
DEVELOPER•
SUG.View Ranc to 's, LLC;
By:
Carlos Landa
S 1`A l'L OF V1~AS1 T]NGTON )
ss-
County of Spokane )
Its: /sso~firj is-r,.,~~~
L~
On this ~ day of ~ ~-~.~ ~ -- 200s before nee, the
undersigned; a Notary }?ubli.c in and for the State oP ~~~a5hington, duly commissioned xnd
s~~orn; pcrsonall}' appeared ~ -~~ ~ L~ .--~-~ to me known to be the .--•~~Qt - j
•r~-,.d. -~ of sue, c ~ ~..- /.1..~. ~ < t c- the
corporation that executed the foregoing instrument; and acknowledged the instniment to be
the free and voluntary act and deed oi' the corporation; for the uses and pl~rposes tTierein
mentioned, and on oath stated that he is authorized to execute the instrument.
1~'VTINESS my hand and off:~cial seal hereto affixed the day and year ui this
certificate ahai;e..~~rittcn.
~ygNAl~~p~9 h-' _
QQ `gg10N ~~~'9F 9N
Q o~N~~'`~Y `~ °z I~zUT'AlZl' PCTt3f,TC, in and for the Stat of
~ ~ ~ ~ Washngeon, residing at ~ (Qry,-~ U~}
~ o u~~~~~4 ~ M:y coilu~~ission expires: a-' D U
~~, ci~~,~ ~ .~ S - ~, ~~r5ovt
'~'~~oF wAS~\ Printed Name
CT.'l'X OF SPOKAn':h VALLk:Y:
1~a Tid Tvlcrcier, City Manager
S AP ' OVL FORb'i:
..
Chris Bainbridge, City C erk ary 17 •k 11,1~e . ty ,ity Attorney
P:1Pvlic K'arksYCapitx] Projatts~Pinn-MaasticldiA171i$atioa Agfcemcnt~ttit~tlom A~,w.ncrosL`.UItGATtON A~zRF~~S6NT Cazlea Ls*dzdac
.. 1, ~ Exhibit "A"
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45Q91,9D02
09-25-44 PTN OF SVU1l4 OF NE1l4 DAF; E3EG AT SE COR OF Nii2 OF SW1t4 OF NE1l4 TH W TO i'T OF INTER OF EL OF CO RD
1404 EXTD N TH N ON EXTD LN TO NL OF SPO VALLEY IRR DIST CANAL RAN TH NWLY ALG SD CANAL RAN TO NL TN E TO
NE COR TH S TO P08 EXC SPO VALLEY IRR CANAL RAN
- r r ~ ExhibiE'i3' -_i
~ ~ 1~ ~ . . ~
Pines/Mansfield Cost E stimate
PE ROW Construction TOtaIS
City Portion - MansFleld Ave. (3-lane Section)
Preliminary Engineering $75,622
Soils Investigation 51,000
Right-of~v;ay SSOD,000
Project Signing $2,000
Confingencies -1090 $75,522
Construction EngineerSng - 1096 S78,622
Construction - 1090 $756,220
EnvironmentalJMisc, Eng 516,393
Subtotals $107,015 5500,000 $909,464 $1,616,479
WSDOT Portion
Design Engineering $200,000
Right-ofavay {Euclid) S25,000
ROW -Pines $100,000
Construction $1,570,464 '
Contingencies $65,745
Sales Tax - 8.196 5123,158
Construction Engineering 1690 $262,679
Subtotals 5200,OOD $125,000 $ 2,022,346.00 S2.347.346
TOTAL $307,015 $725,000 $2,931,810 $3,963,825
' Added $50,000 per n:vised estimate from WSDOT for additional (tagging r~uired at RR crossing.
716 $ 2,193,561 5596
Developers 5 499,795 13%
City $ 55,000 196
WSDOT $ 55,o0D 196
Ct~l1AQ $ 1,160,500 29%
Total 5 3,9h3,856 100n~0
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