05-043.00 Pearson, J Grant
RETURN ADDRESS
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
)` _1
5194559
Pege= 1 0{' 9
03!24/2005 9%~40P
U Iiti~llT, I Y Y. , Spokane Co, WA
Please Type 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
Gfantor(S) (Last Name, First 8 Ahiddle Initial)
Developer: J. GRANT PERSON
Grantee(s) (Last Name, First 8 Wtiddle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal Description (Abbreviated farm is acceptable) i.e. SectionlTOnvnshiplRangeJil4 Section
45094.0519 - PINECROFT 1ST BLK 20 INCL N'/Z VAC KNOX AVE S OF 8 ADJ TO AND VAC
WILBUR ST W OF 8 ADJ TO AND EXC MONTGOMERY DR 8 WILBUR ST
Assessor's Tax Parcel ID Number: 45094.0519
The County Auditor virll rely on the information provided on this form. The Staff will not resd the document to verify the Acc7uracy ar
completeness of the indexing information 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 RC4V 36.18.010. I understand that the
recording processing requirements may rover up or othen~rise obscure some parts of the text of the original document_ Fee far non-
standard pr cessing is S50.
, r .
'nature of Requesting Party
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MTTIGA'I'ION AGRR1;1T1'r•NT
SR 27 (YIN~I+.S EtOAll) / iviAl~iSFTF•LD RUAO CONSTRUCTION PRO.IFCT
This Mitigation. A.gree~nent ("Agreement") is entered into by and bel~veen J. Grant
Person. (" laeveloper"), having offices for the transaction of business at 112].9 F Sundo~~m,
Spokane ~~alley, «~asliingi:on 992()6; and the City of Spokane ~~alley ("Cit}~"), a political
subdivision of the State of ~Ti~asbington; hereinafter jointly referred to as "Parties":
RE~CII'ALS
l . The City, in cooperation with Spokane County and the `Vashington State
Department of Transportation, is planning to design and constn~ct improvements to the
SK 27 (Pin.es Rr~ad) and Mansfield l2.oad comdor with Transportation Partnership
Program ("1"YP) grant funds from the `I"ranspoi~:ation. J.n~provement Board (Tll3) anal
Congestion Management/Air Quality (CMAQ) grant fluids from the Spokane Regirmal
'1"rausportation Council (SR"1"C). `t'he name oFthe project is the Pines/Mansfield Corridor
Congestion. Relief' Project ("Project") and the purpose of this project is to alleviate
cx:istuig and future traffic congestion in this area.
The Project will reconfigure the WF3 ramps of 1-90 at SR.-27 (Fines Rd.), using the
existing slip ramps to Indiana Ave. and Montgomery Ave. WB off:--ramp traffic will use
the slip ramp to a signalized intersection at Indiana Ave. '1~V13 on-ramp traffic whll use the
slip ramp at 1Vlontgomery Ave. 7"o improve operation of the ~V13 on-ramp and ensure
safety, -the portion of Montgomery Ave. behn~een Pines Rd. and the slip ramp vnll be one-
way, westbound only. Therefore, to provide access to Pines Rd. for the properties west
of Pines ltd., Mansfield Ave. tivill be improved; with a traffic signal at the intersection of
Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes urill also be
constructed. In addition, a signal will be installed at khe Mirabeau Pkwy cX'. Pines R.d.
intersection to bring this int:erseclion up to an acceptable level of sen~ice.
2. The Developer is the o~u~~er/developer of certain real property generally located
within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 901egaily
described in 1/~hibit "A" ("Property").
3. 7"he 1eveloper is developing the Properly for residential andlor commercial uses
(the "1evelopment") which grill increase traffic congestion and directly impact existing
transportation infrastructure along the l'ines/~~iansfield corridor from and including the.
on- and off.-ramps at T-90. Atitigatio.n of these impacts will be required as part of the
development of said property.
4. '1 he Parties are desirous of entering into an Agreement which provides 1`or the
payment of a proportionate share o:f the Project in consideration for the allocation of a
specif=ied number of P.M. Peak flour trips and mitigation of traffic impacts associated
with the Development.
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' J. Grant Person, Alitigati ~~ement ~~ ~ ~ ~ 0~t'2412005 01 ~ 4SP
. PineslA~ansfield Road Consrrucnon Project NT, i Y ``~'nu SpGkane Co, WR
5. 1`he Developer recogn.izcs the need to improve the traffic congestion in the-
PincstMansfield corridor and has agreed to financially participate in the Project by
contributing apro-rata share of the regtrircd local matching funds. The Developer's pro-
rata share is based on the total ntunber of trips previously estimated for the :[7evelopment.
6. Pursuant to RC«~ 43.21C.O6O, and RC«~ 82.02.020, the City has the authority to
allow a payment to mitigate a direct unpact that has been identified as a consequence of a
proposed development. The City (1) has identified future 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. To mitigate the direct i.tnpacts of the Development upon existing transpr~rtation
facilities, the Parties are voluntarily entering into this Agreement pursuant to RC~'~'
82.02.020.
8. It is intended that this Agreement provide funds in order to mitigate the direct
traffic-related impacts of the Taevelopment upon the environment which have been
identified through the S>1PA re~~iew process and documeirted in the City File
No. G~-10~-80. .
AGRrENIENT
I~~U~~1~, T.I-TLI2EFQRE, inconsideration of the mutual covenants aa~.d conditions hereafter
set forth; the Developer and the City hereto agree as follows:
Voluntan~ Agreement. This Agreement, including all attached documents, is a
voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees
charged herein are proportional to the traffic-related impacts generated by the
Development. The parties acknowledge that the capital project is reaso~~.ably
necessary to mitigate thie direct traffic unpact of the Developrncnt. 11i the event this
litigation agreement is determined by a court to be null and void the City shall
refiind the unexpended portion of mitigation fees. Follo~viug a germination o1'this
agreement the 1eveloper shall, as reasonably required, mitigate the direct traffic
irnpaets of the levelopment through. the State Environmental Policy Act.
2. Project Funds. `l'he Project is being funded from several sources including, the
1~~ashington State I7epartoient of Transportation (~VS.I~OT), the TiB, the SR'1'C, the
City, and private developers. Funds from WSDOT, T173, SRTC and the City have
been. obligated. See "Exhibit B".
3. ytiti~ation Tee. The Developer shall pay $S,1.Sy, ($303.46 per P.M. Peak Hour trip),
which has been determuicd to be the Developer's contribution to the Project for
mitigation of future traffic impacts related to the Development. This traffic
mitigation fee shall be expended towards the design, right-of way acquisition, and
constntction of the Project.
P~IP~1Llic R'ecY~R:apitnl PRjtC1~~1'inCS-Atan~eldl'.frip:iuo /;getmtnl51h1ili~tion Agram~ISU.IIT[GAT10?.' AQItF~'KEfJC CrL•n Persa'GClnc
__ I~_~~~~~~~~ 5194559
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~. J. Grant Person; Ivlitigati ~V~sement 9- 4 aP 9
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Pi.nesJlyT,i•nsfeld Road Construcnon Project N NT, I Y ~ S}rak~tte Co, b!R
4. Payment To begin the design of the Project, the Developer agrees to pay all, or at
least 20% of its .mitigation fee no later than l+ebruary 25, 200. A letter of crodit,
savings assignment; set-aside lettez, or other appropriate mechanism that gives the .
City a unilateral right to access the Funds pursuant to this agreement from a financial
uistitution shall also be provided to the City no later than February 2a, 200a far the
remaining 80% of the Developer's mitigation fee. '1 he remaining 80% of the
Developer's mitigation 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 is determined. All fees paid by the Developer shall be used as
a portion of the local match required for the TLI3 and S.R:I"C grants related to -the
design; right-of-u=ay acquisition, a~~d construction of the Project..
a. Site llec~elupmeut. Building permits will be issued for the Development. when l.) t:hi.s
agreement has been executed by the Developer anti t:he City, and 2) the l~cvclopcr's
mitigation fees have been paid in accordance with Section 4 above, and 3) all other
conditions of approval of the Development required b}= state and local la«~s are
satisfied.
Execution of this agreement releases the 1eveloper from the requirement of
constructing frontage improvements on the Property, provided said fiiontage
improvements are included in the Project. If frontage improvements are not included
in the Project, the L7cveloper is responsible for constn~cting frontage improvements in
addition to paying the mitigation fees.
6. Compliance with RC~'~' 82.02.U20. Payment collected by the City tivill be held in a
mitigation fee reserve account and may Drily be upended to fund the design, right-of--
~•vay acquisition, and construelion of the Project. Payments sbaU be expended within
:five years of collection. 'Che City shall be entitled to reimbursement fi•om the
mitigation lee reserve account for any :f:unds it may expend for the design, right-of-
way acquisition; and constriction of the Project prior to the collection of the fee. Any
funds in the mitigation Yee reserve accou.nt.not expended within five years shall be
refunded by the City with interest as provided in TtC~~V 82.02.020.
7. Committed P.1~I. Peak Hour Trips. The City agrees to reserve w=ithin the Project up
to a total of 17 P.Ni. Peak T-Tour trips for the Propert}=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 permits and approvals necessar}= to construct and
permanently occupy the Development. Tf the total number of Y.M. Weak Nour trips For
the Development exceeds the total number of resen=cd trips noted above; a new traffic
study shall. be provided to determine if additional traffic uutigation is required.
Concurrence: JP accordance with the Cit}='s adopted concurrency standards pursuant
to RCS'.' 36.7U~-1; the Y.M. Peak ldour trips mitigated herein shall be considered to
have satisfied concurreney for the Project fiom the Development as provided in
paragraph 7. Any remaining; capacity sball be available to the general public.
P.'WaLGc WmfaLCa{,tiinl PraJtGSlYlnts~Y,an~dd\l.fdgziiw F~erruatf~rl3tig0dOn Ad ceaTtmsE\:1TIGA77O:7 ACREQ.f1~1T Cuaut Pcrw~.doc
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• J. Grant Person; Mitigati, :.sment ~ 03/24/t~95 01 ~ 9GP
I'ines/MansGeld R.oacl Construatron Project N NT, I ;~~~ ~ Spok2ne Co, WA
9. i\lot•ice: All communications, notices or demands of any kind wllicll a party under
this Agreement is required or desires to give to an}J other party shall be in ~~°riting and
be either (1) delivered personally, (2) sent by facsimile transmission v,~itb 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:
Lf to the City: City of Spokane Valley
11707 F'. Sprague A~~e., Suite 106
Spokane Valley, WA 99206
1:ax: (509) 921-1008
Attn: Cit}' Manager
Lf to the ]7eveloper: J. ~irant Person
l 1.219 L-~ Sundown
Spokane Valle}~, WA. 99206
10. Successors. this Agreement shall be binding on and inure to the bencft of the
successors and the assigns of t:he 1?arlies.
1 1. Governing I:.aw. "Phis Agreement shall be construed i» accordance with the laws of
the State of 1r1'ashington. Any action for enforcement of this Agreement shall be
brought in a court of competent juzisdiction in Spokane Count}, Washington or as
otherwise provided by statute.
l2. tyloclificatiozis. No modification or aniendnient of this Agreement shall be valid until
the same is reduced to ~~fiiting and c~ecuted «~ith the same formalities as the present
Agreement.
13. ~'4'aiver. No officer, employee; agent or other-~~ise of the City has the power, right or
authority to waive any of the conditions or provisions to this Agreement. I~ro waiver
or any breach of this Agreement shall be hc.l.d to be a waiver of any other or
-subsequeutbreach.
14. Representation. This Agreement forms a fully integrated agreement between the
Parties. No other understandings, oral or othcrv«se, 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 Development within the Project limits as described in the Project description in
Section 1 of the Recitals and as identified and documented in the City File(s)
referenced in Section 8 of the Recitals. This agreement shall not supersede any other
conditions of approval not direetl}~ related to traffic-related impacts of the
Development within the Project limits.
P;1Suhtic Nmiu7Capilal Pinjc~s`PinGS-M1farsfi :'i~Afiti~d~n Agrecoans'J~fitiJ{mEoa /dpi ~.;s:NIT[GA770N ACftEEA¢Ni G~au i'ason,doc
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J. Grant Person, Mitigati~ ~;elnent Page ~ 6 0£ 9
Pines/Mansfield Read Constr~lction Proj ~II ~ , 03/c41209~ 01 ~40P
• ~!. N NT, I K ~t~ Spokane Co, WA
All Parties have read a»d understand all of the Agreement, anal nosy state that no
represcnta_taon, promise or agreement not expressed in the Agreement has been made
to induce any Party to execute the same.
15. Authority. loot:h Parties tc> this Agrec;mcnt represent and certify that they have hull
authority and power to enter into and r..~rr}' oui this Agreement. The persons signing
this Agreement represent that they have authority to act for and bind their respective
principals.
P:V'u6.''-c N'OCIcsSCapisa) ProjcetslPina-R1n~ddlMitigai6on AgaemcotsiAtitiga~ion AgrccmeatslMTTtGAT10N A(iREG4SENT Gent Pamn.duC
• ~~~~ IIIII 5194559
• ~ ~ J. Grant Person,Ivl:itif3ahl ~ttT"IC•Ylt pa9°` 7 of 9
Pioeslikiansfield Road ConsiTUCiion I'ro'ect ~ 1 n----- 831i?4/2065 01 ~ 4b'F
_ J ~ ~1 N , ~I ~ , ~ S kane Co, 'hFs
]3~r ~~VTTI~TFSS ~~1'H>/IZl/Ol~, the Parties leave executed this Agreement this _~ day of
`~l`1~,~~a ~ , 2005.
J.
S1`A"1'L Ol~ ~~'ASJ-TJNGTON )
) $$.
County of Spokane - - )
i3
I)EVTi..OPER:
Grant Pe -.
y~ _ Tts:
oath stated that he i.s aut:hori~ed tea ext;cute the instnument.
On this~_ day of ..~.~..l~~u:.a~-,~.~--, 2005 before me, the
tusdersi~ied, a Notary Public in and for flee State of VVaslaingt:on, duly commissioned and
sworn, pcrsoi><~lly appeared ~, ~fu,~~.G,-, to me known to be the
individual that executed the .foregoing instrument, and acknowledged the instrument to be
the free and volrult~ry act and deed, for the uses and purposes therein mentioned, and on
tiY1'f\11/SS my hand and official seal hereto affixed the day and yeax iai this
certii~icate above W\~~Gllaun,,,//~~
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'//tglt~etl;!tti41~?~
NOTARY PiJBLIC, in ~ d for the State of
~~Vashnb :on, residing at
My conmussion expires: 11- a ~- aoo`f
C~GRmR-r1_~ ~.~RY~~a_Id
Printed Name
CITY OF SPOKAn`:F VALLEY:
r
laavid i\~[ercier, City Mana;er
A . .~
~; _ ~ _ `~_
ris Bainbridge, City Clerk
APPROVL'I~ • :S TO FORM:
Cary T)ri~ke.lf, )aeput City ~ ttorney
P;lrhihGc WodalGpi!al Prajst~Pines-blarsfieldlh!itilptloo /~ameau:Kitipzinn Agrrarr.:S\'RT[GATIOT AGNEEdSEt.T Gt7n! Pasoadoc
.' ~ 1 ~`
. j~ Exhibit "A" `;
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O
45094.0519
PINECROFT 1ST BLK ZO INCL N1/2 VAC KNOX AVE S OF &ADJ TO AND VAC WILBUR ST W OF 8~ ADJ
TO AND EXC MtONTGOMERY DR &WILBUR ST
~~~i~~~ =p ~o
Exhibit'i3' ~~~
PineslMansfield Cost Estimate
PE ROW Construction Totals
City Portion - h9ansfield Ave. (3-lane Seetion)
Preliminary Engineering $75,622
Soils Im~estigatiorr $15,000
Right-of-avay S60~D,000
Project Signing ~ $2,040
Contingencies - 1096 $75,622
Construction Engin~ecring - 1096 $75,622
Construction - 109b $756,220
EnvironmentalJlJiisc. Eng $16,393
Subtotals $107,015 Sfii00,000 $909,464 $1,616,479
WSDOT Portion
Design Engineering $200,000
Right-of-tvay (Euclid) $25,000
ROW -Pines $100,000
Construction $1,570,464
Contingencies $65,745
Sales Tax - 8.10 5123,158
Construction Engineering 16°,6 S262,979
Subtotals $200,000 S125,000 S 2,022,346.OD 52.347.346
TOTAL $307,015 $725,000 52,931,610 $3,9G3,825
Added $50,000 per revised estimate from WSDOT for additional flagging required at RR crossing.
TIB S 2,193,561 5596
Developers $ 499,795 1396
City $ 55,000 195
WSDOT $ 55,000 1 %
C MAO $ 1,160, 500 2996
Total $ 3,963,856 100%
_. .~._ :-
5194559
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03/24/2095 01~49P
T, 1 _, _ Spokane Co, ~R