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05-041.00 A & A Construction & Development, Inc' ~• _ .. ._.. ,- -~ 5194674 d. ' I ~ F'~ge ~ 1 of 9 03/241=805 O'3~09P ' k , I Y K SAokans Ca, WA RETURN ADDRESS ' City of Spokane Valley 11707 E. Sprague Ave Spokane Valley, WA 99206 Attn: Chris Bainbridge, City Clerk 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 R hAiddle Initial) Developer: A 8 A Construction 8, iJevelopment, Inc, Grantee(s) {Last Name, First & DAiddle Initial) Mitigation Agreement with f0eveloper noted above and City of Spokane Valley Legal DesCr'IpifOn (Abbreviated form is acceptable) i.o. SectEonlTavrnshiplRangelll4 Section Certain real ,property generally located within the SR 27 (Pines Road) and Mansfield Raad corridor north of Interstate 90: 45103.0205 Assessor's PL 6 B4-5 45103.0206 Assessor's PL 6 B6 45103.0208 Assessor's PL 6 W1l2 [37 Assessor's Tax Parcel ID Number: see above The County Auditor will rely on the information pro~~ded on this form. Tho Staff tivill not read tfie document to verify the Accuracy or compreteness of the indexing inforrna?ion provided herein. Sign below only if your document is Non-Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.410. I understand that the rocording processing requirements may cover up or othervrise obscure soma parts of the text of the original document. Fee for non- standard cessing is a.50. ~. / -. r ig attire of Requesting Party ~ f // ~~~~ ~'~~~~1~~~~J ~~ ~ ~~R ~ ~ 1 $pGl€dM$ ~4~ ~f~ ~`YA'1 I~IY ~f~RE~l~1~'Y' Six ~.~ ~>f'~v~r ~c~~lr~ ~ n~r.alH-~-~~,~~ A~ ~~o~>~'rl~~-rTic)rv 1~;r>~T~ This Iitiigatinn grcetr~er~t `1Lgreetnent" i-s entered into b and be#v4~cen ~'c A ~onstructi~}n . De,relOpm~•nt, !nc- "Developer", a 1~aL~hington orgordti[~rt, having offices for the transaction of business at ~`? F- Trenl ,~~+er~ue, u,ite 400, Spokane, 1~I~ashin~ on 9?0?, and the City of pok~aa.e Valley {`=it::, a political subdi~~ision ol'the state of `astungton, hereinafter jointly referred to as `°~ar#ies": •~~ ~ ~ ~ ~1 1- Tt,e City, in cooperation ~~rith paicane County and the ~ashi.ngton state . T~epartmeut oi' T'r~n~portati0n, iS glanning to design ar,d c:onstruci improvements to the h 7 ~Pirxes oacl} acad. Iv~aaasfield Road corridor i ~. T..ransportati.o~x Part~aezsbip Program ("1~PP~ gratlt finds from the Transportation Improvement L~aard (1"l:E~) and Onesti[~n anagementlAir Cuality (CAS grant funds from the pakane Regional Transportation Cpunci] 1~T~- The name ofthc project is i•Me Pineslansfield ~c~rridc~r c)ngeStiOn Reli~Jv Project ~"T'rnject"~ and the purp[~se [~f this project is io alleviate existing and ku~ur~ ~r~i~1Sc coz~gestioz~ in this area- The Project will reconfigure the ~~lI3 rams of I-0 at SIB-~7 (Fines It.d,~. icing the exivstin slip ramps to Indiana Ave- and I~Sor~tgornery Ave, ~B ofd rarng traffic Zvi I1 t~se the slip ramp ~:~ a si~,ala'.~ed iuzterseclaorx at ir~tliana A.ve- X73 on.-r-arr~p Era~f:xc wi]~>v use the slip ramp at Arlon#gomcry Arc. To improve operation of the '44]3 on-ramp and ensure safety, ~E~ie p~irtion oJ''.iV~c~ntgt,rnery Ave- bet+~veen Pines Rd. and the slip ramp will be [~ne- way, westbou3ld only- There~:c~re, ~e provide access fi~~ Pines lid- for the properties ~~est of Y~.nes )tad,, Mansfield Ave. u~~ll. be i.oipro~fed, with a traffic signal at the intersection ~~.k' Mansfield rive. 2~c I'iues Rcl. Curb, butter, si.dewa)_ks and bike l~n.es will. also ]~e canstructed- In addition, a signal ~~ri11 be installed at the Mirabeau Pk}F 8~c Pines Ind. inter~ectipn to bring tl~is intersection up to an acccptalxlo level ofservice. The Developer is tJ7e awnerlcleveloper o'f cer~~in. rep] property generally loc~teCl ~~~ittun the ~)~ 7 Pines load and lVlansfield Road corridor north of Interstate 40 legall~~ described i.u. Exhibit "A" ~"Pr~~pert~+„} . 3. "1'he Developer is developing the I'ropez~ty for z~esideaxtia] and~or coaz~~.raerci.al uses (the "Developmeni.") l~icii will uxci~ease traffic con~esti.~~~. ai,d di.rectl. i.npac~: existx,~~ transportatiatx in_frastructu.re alox~g~ the Pi~1e~Iansfleld cvrridpr from and i~~cludin~ the ori.- anal of#=ramps at I-~O- T1!1~itigatio~l of these imgacis will be required aS p~r~ nf'the developz~a.ent of said property. 4. '1`lie Parties are desirous of entering into an ~~reement wlxich pro~+ides for the pa}~neut of a proporr~iooate ~.l}are o'~ the Prpjoct in consideration for tie allocation of a spocifed number of I'.l. l'cak ~Iour trips and mitigation of traffic impacts associated with the Develapmeii~. .... r1&A Construction d'c 17e. ~ _~aent; Tnc_, Mitigation A,;~reement _ I'ines~M~nsfield Road Constnrction Project J Page 2 ~f 6 a~ m ~. The Developer recognizes the need to improve the traffic congestion in die ~4i ~' ~ Pines/Mansfield corridor and has agreed to financially participate iu the Project by i ~~ m contributing apro-rata share of the required local matching fiends. The :17eveloper's pro- ! ~ _ ~ ti ur av x rata share is based nn the total number of trips previously estimated for the Development. ~~ m 6. Pursuant to 1ZC~~ 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. The Cit}~ (1) has identified future road projects necessitated by ! planned development i.n certain areas of the City; and (2) has identified a rcasoliable ~ ~~ relationship betwreen impacts generated by the Development to the transportation system and the financial contribution toward those impacts. ~~ ~--~ 7. To mitigate the direct impacts of the Development upon existing transportation facilitaes, the Parties arc voluntarily entering into this Agreement pursuant tc,~ RC~V ; ~} --+- 82.02.020. s~ z 8. It is intended that this Agreement provide funds ui order to mitigate the direct ~`'' tra:Ffic-related impacts of the Development upon the environment which have bet:n identif ed through the SI/PA re~~iew process and documented in the City File No. REG- 06-04. A (U R l~; L iVI l: l~T T NO~V, 'h'HLR] l~O1ZE, in consideration of the mutual covenants and conditions hereafter set forth; the Developer and the City hereto agree as follows: Voluntary A~recment. This Agreement, including all attached documents, is a voliu-tary agreement as that term is used in RC~V 82.02A20. The mitigation fees charged herein are proportional to the traffic-related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct tricffic impact of t:he ]development. In the event this mitigation agreement is determined by a court to be null and void the City shall refund the unexpended portion of mitigation fees. l~ollo~ving a termination of this agreement the Teveloper shall, as reasonably required, n•~itigate the direct traff c impacts of the Development tlu•ough the State Fm~ironmental Policy Act. 2. )E'roiect Funds. The Project is being funded :from several sources uicluding, the Washington Mate Department of 1"ransportation (~T-rSDOT), the I`i13, the S:I.t.TC, the City, and private developers. Funds from. `VSDOT, TII3; SRTC and the City have been obligated. See "l ahibit B". P;Wublic R'orle~Gpin! Projers',PiasAL~csfuld~~tili~ltion Agarcrn:s:~fiti~tiun Agrer~nen155Af1T1GAT10V AGR[[A:L•M A 8 A Ccrsf..~hx _ 1 ~ ~, ~ A&A Construction & .De .I~ '-:nt, lnc., Mitigation A,~r-eernEn[ "` 0. 0 °; m ~ PincsJMaris .Meld Road Construe ion Project Page 3 of 6 ~ ~~ 3. Mitiaaticrn Fee. The Developer shall. pay X60,388 ($303.46 per P.M. Peak l~i:our trip), °~ ~,~ o which has be~;n deterrninod to be the 17evelc7per's contribution to the Project for a c~ a ~~ ¢' N mitigation of future traffic impacts related to the Development. This traffic ~ mitigation :fee shall be expended towards the design, right-of way acquisition, and construction. of. the Project. .~ 4. f'aymeut To begin the design of the Project, the Developer. agrees to pay all; or at ' ~° least 20% of its mitigation fee no later than I+~ebruary 25, 200. A letter of crediE, savings assignment, set-aside letter, or other appropriate mechanism that gives the ~y City a unilateral right to access the funds pursuant to this agreement from a financial institution shall also be provided to the City no later than l+~ebruary 2~, 2005 for the remaini_og 80% of the Developer's nutigataon fee. The remaining 80% of the Developer's ntigation fee shall be collected by the City 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 i.s determined. ~I1 fees paid by the Developer shall be used as a portion of the local match required for the TT13 and SRTC grants related to the design, right-of--way acquisition, and construction of the Project. 5. tiite :1:)evelnpmcnt. Building permits will be issued for the Development when 1) this agreement has been executed by the Dc~~~cloper and the City, and 2) the Developer's mitigation fees have been. paid in accordance with Section. 4 above, and 3) al] other conditions of approval of. the T~evelopment required by state~and local laws are satisfied. Execution of this agreement releases the leveloper from the requirement of co.nstztrcting :frontage improvements on the F'ropert:y, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the leveloper is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by t:he City will beheld in a mitigation fee reserve account and may only be upended to fund the design; right-of= way acquisition, anal construction of the Project. Payments shall he expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve accotmt for any fiords it may expend for the design, right-of•- way acquisitionl, and construction of the Project prior to the collection of the fee. An}' funds in the mitigation fee reserve account not expended within five years shall be refunded by the City ~i~ith interest as provided in R.C~ 82.02.020. 7. Committed P.M. Peak Hour Trips. the City a~r'ees to reserve within the Project up to a total of 199 P.M. Peak JFlour trips for the Property until the Development is complete provided such. r'eservaticm complies with all federal, state and local laws at the time application fur a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. if the total. number of P.1VI. Peak IIour trips for tt~c Dcveloptnent exceeds the total number of reserved hips noted above, a ne~rr traffic study shall be provided to dctcnnule if additional trafi'_ic mitigation is reglurcd. P,1Puy,]c Wo~1:~~Gpital Yrajecs`d'irr_rDLia~uEN.fGiyaliOn Agrcuncnt5U11ugrloo Agreemenetl.1771G.AT1°N AGR66T~Nf A R A Cwrrsl.GC~ _~ AAA Consnvction ~ 17e ~~~'nt, Inc., tvlitigation Agreement j' ~ ~ `.J. Pines/Mansfeld Road ConstrucTion Project "~ Page 4 of C ~°' © 3 ~,~ ~ v ~ ~ ;v i;. Concurrence: T.n acc;ordance with the City's adopted concurreney standards piu•suant ~tis;.x to RC~V 36.70A, the P.~~1. Peak ITour trips mitigated herein shall be considered to ~~ m have satisfied cvncurrency for the Project from. the T)evelapment as provided in paragraph 7. A.ny remaining capacity shall be available to the genera] public. ; ~ 9. Notice: All comanunications; notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be i.n ~~~-iting and ~ ~~ be either (1) delivered personally; (2) sent by facsimile kransmission with an ~ additional copy mailed first class; or (3) deposited in the TJ.S. mail, certified mail postage prepaid, return receipi requested and addressed as follows: ~~_ ~~ if to the City: City of Spokane Valley 11.707 E. Sprague A-ve., Suite 106 Spokane Valley; «~A 99206 ~~ 1~ax: (509) 921.-1008 ~r Attn: Cit}~ Manager . ~~ . ~~ -~ If to the Developer: Christopher Ashenbrener A & A Construction R: Development; Tnc. 202 F. Trent Avemic, Suute 400 Spokane, `VA 99202 1.C). Successors. This Agreement shall be binding on and inure to the benef t of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall. be construed in accordance ~ti2th the laws of the State of Vdashington. Any action .for en:Forcement of this Agreement shall be brought in a court oC competent jtu-isdiction in Spokane County; `VashingtQu or as othenvisc provided by statuie. l2. Modifications. No modification or amendment Uf'this Agreement shall be valid until the same is reduced io ~Titing and e~ccuted with. the same formalities as the present A.~ eement. l 3. Waiver. No officer, employee; agent or other~zse of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No ~~aiver or any breach of this A~eement shall be held to be a waiver of any other or subsequent breach. 14. >E2epreseotation. This Agreement forms a fully integrated agreement bcttiveen the Parties. No other understandiAgs, oral or other~visc, rcgarduig the subject matter of this Agreement shall be deemed to csist or to bind any o:f the Parties hereto. '1°his agreement shall meet the nutigation requirements for direct traffic-related impacts of the Development ~~7thin the Project linuts as described in the Project description in Section 1. o:f the Recitals and as identi_(ied and documented in the Cit}~ File(s) P?Public N'ohs'~l~al I'rojecislVina \Srnsfidd~Jfut~yativn ggrcttcc;[s:Kitiguign A+grsmms5bll7SCATION AG1tF.EMEfT A F A C.llilu..<l0~ ' A&A Construction ~..D~ ~~ ~,r11; Inc., Mitigation Agreement `1 ~ ~ }'inesJVtansfield Road Gonst !ir ctlon T'r~ject ~ Page 5 of 6 referenced in Section ~ of the lZecitals. This agreement shall not supersede any other conditions o:F approval not directly related to traffic-related impacts of the Development within the project limits. All Parties have .read and understand aU of the Agreement; aad now state that no representation, promise or agreement not expressed in the Agreement haft been made to viduce any Party to execute the sarne. 15. Authc,rih~. Both Parties to this Agreement represent and certify that they have :Cull. authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. ~~~~~l~~I~I~I~~IINI~U~ ~~.e~ ~~ 1':U'tfilie A'otka'~Capiul Pic~jtxt~!'incyM~w;field' Kfiauine A,~eemettsstl\Gti~n:ioe Agecmertts~1.U71CiA77oN A41t~ElfEiJT A R A Comn..~ioc ' 1:-- .. :' A&A Construction ~. D. ;Ir~cr~t, ir~c., Mitigation Agreement i Pines/Mansfield l~.oacl Construction Project ' " Page 6 of 6 IN ~~1~I TN'LSS «~111::CtLUF, ~~~P~' , 2005. I)LVLT,,OPTR: the Parties have executed this Agreement this ?~~iay of A & A Construction & ]_~evelopment, .Lnc. ' ~ \ Name: STATIC Ul~ W~1S!-il°NG°l"UN ) ss. Count}' of Spokane ) Ql m 3 n°~~ ao^ W a ~ ~' rn~,~X r~~ ~ tna m cn ~~ =-~~ .~ _ / ~' ~o Its: ~r~= :~~- ~-~-~' .~ ` , _.~ ~~} ~~ ~z ~~ Un this ~~ day of. ~~i~1,u 2005 before me; the undersigned, a Notary Publi ~ k and for ~ //~~,,S,,t~~ate of ~ hington, duly commissioned and s~ orn. erso a peared ~~S ~, ~l/t'.~t-~~~1.2l1(.~ to me knpwTl to be tho. 1G{-f~' ~ , of_ = t the corporation that executed the oregoing instrument, anal acknowledged the it~stnaanent to be the free and voluntary act and deed of the corporation, for the uses and purposes thereto mentioned, and on oath stated that he is authorized to execute the instntment. WI'1`T~iLSS my hand and official certificate aboY(~~~~th~t~Ntri~~~ ~~~~•A~~Rt, ' ~ 1~~'~~i~i `~~~ c,• ;.tssto;r f ; 9~ ~~i ~~~ ~ ~~ :~ N~ • .~•, ~t~ L.~~' 0 .' ~ ''~~~,~~tC ~,;'UA =Y ~ ;goo r~Q`` ,,,~~v ~ iiA~,~;a~~,. seal hereto affixed the day and year in this 1~z01'AR PUI3 C, and for the State of R~ashingto esiding at ~~ Gc~ /_' My commission expires: a Printed Name CITY OF SPOIKAI\'E ~~ALLE~`: David A9ercier; City A~fanabcr A' - i r Chris 13ainbri ge, City Cler ° j Al' 0 ~ ~ AS '1`U ~~ G~1: ary riskell; uty Cite Attorney P:'Sv66c Warks~:s] Prc{;ecis'~F'inu-D~ddlAfitigalion Agrc~nsuts5A4P~atim AjrrtCnCt54N l'I'ICA'I'IO~V AGRI;F Vfk;NT A 8 A Cons.,dre ~' `~ Exhibit "A" y~ Mansfield 45103.0205 5103.020 5103.020 x a c x ~_, Indiana 45103.0205 ASSESSORS PL 6 84-5 5194674 45103.o2os Page 8 of s 63/24120A5 93~09P ASSESSORS PL 6 Bs Spokane Co, WR N ~ t ~ _- ' 45103.0208 ASSESSORS PL 6 tiN1/2 B7 ' . '~ l ~t,~du.a, ~) . a ~ ~ ~~ ~ _ i Pines/Mansfield Cost Estimate PE ROW Construction Totals City Portion -Mansfield Ave. (3-lane Section) Preliminary Engineering 575,622 Soils Investigation $15,000 Rig ht-of-way 6.600, 000 Project Signing $2,000 Contingencies - i0% S75,622 Construction Engineering - 10% 575,622 Construction - 10% $756,220 EnvironmQntal/Misc. Eng 516,393 Subtotals $107,015 $600,000 $909,464 $1,616;479 WSDOT Portion Design Engineering 5200,000 Right-of-vray (Euclid) 525,000 ROW -Pines $100,000 Canstructian ~ $1,570,464 ' Contingencies $65,745 Sales Tax - 6.1 % $123,156 Construction Engineering 16°k $262,979 Subtotals $200,000 S125,OOD $ 2,022,346.00 S2.347,346 TOTAL $307,015 $725,000 $2,931,810 53,963,625 ' Added $50,000 per revised estimate from WSDOT for additional flagging required at RR crossing. TI t3 S 2,193, 561 5596 Developers $ 499,795 1396 City $ 55,000 1 % WSDOT $ 55,000 156 CMAO $ 1,160,500 29% Total $ 3,963,856 10050 -r 5194674 Page 9 of 3 03l@412065 03~A9P I ~~okane Co, WA