05-044.00 Hamilton, Thomasr, . , ~ - ~~~ - ~~
RETURN ADDRESS
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
5194558
Page ~ 1 of 9
03/24!2905 01~37P
L' 'l:hiT, I Y ,. ~ Spokane Oo, iJR
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
Grantor(s) (Last Name, First ~ Middle Initial)
Developer: Thomas Hamilton
Grantee(s) (Last Name, First & tJiiddlc Initial)
Mitiga#ion Agreement with peveloper no#ed above and City of Spokane Valley
Legal Description (Abbreviated form is aocoptable) i.e. SectionfTo~.vnshiplRangelll4 Section
45103.0245 -Assessor's PL 6 E'/~ of TR 7 EXC PTN of SW Y+DAF; BEG A T SW COR THE 150 ft
TH n 240 ft TH w 150 ft th s240 Ft
45103.0244 -ASSESSOR PL 6 PTN E'/~ OF TR 7 DAF; BEG AT SW COR THE 150 FT TH N 240 FT
TH W 150 FT TH S 240 FT
45103.0203 - SW'/. 10-25-44 ASSESSOR'S PLAT #6 PTN OF TRTS 8,9,8 10 N OF SI RR ROW
45103.0204 - sw'/, 10-25 44 HOUSE ONLY ON ASSESSOR'S PLAT #6 TRTS 8,9,810 LYG N OF
SPO, CDALENE 8 PALOUSE RR ROW 8 EXC SPO INTERNATIONAL RR ROW
Assessor's Tax Parcel ID Number: see above
The County Auditor tivill nrty 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 Nori-Standard.
am requesting an emergency non-standard retarding far an additional fee as provided in RCW 36.18.OS0. I understand that the
recording processing requiren-,eats may cover up or othen~nse obscure some parts of the text of the original document. Fee for non-
standa pro sing is $50.
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attire of Requesting Party (v~~
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~~ • ~~~'~ 5194558
• ~S~' Pages 3 of 9
III 031~4J2005 0i~37P
V Nfi iii, i FAG Sr~kane Ce: d1A
1VRTiGATION AC.RFFI1!fE1~TT
SR 27 (PINES ROAD) / iVIANShyil:l~l:) ):tO.AD COi`1STRUCTl01\` }'JZOJICT
This Mitigation Agreement ("Agreement") is entered into by and bctuTcen.
Thomas Hamilton (`developer"), having ofTices f.'or the transaction of business at P O 13ox
].4684, Spokane; ~~~ashington 99214, and the City of Spokane Valley ("Cit}Y'), a political
subdivision. of the State of V~~aslungton, hereinafter jointly referred to as "Parties":
RFGITALS
1. Th.e City, in cooperation with Spokane County and the `Va_Shington State
Department of Transportation, is planning to design and construct improvements to the
SR 27 (Pines Road) and Aansfeld Road comdor ~irith Transportation Partnership
Program (`1`PP) grant :funds from the Transportation Improvement Board (T1:8) and
Congestion ManagementlAr Quality (CMAQ) grant i~nds from the Spokane Regional
'1 ransportntion Council (SRTC). The name of the project is the PineslMansfield Corridor
Congestion Relict` Project ("Project") and the purpose of this project is to alleviate
existing and fi~h~re trai7ic congestion in this area.
I'he :E'roject will reconfigure the `Vl~ ramps of I-90 at: SR-27 (Pines Rd.), using the
existing slip .ramps to Indiana A.ve. and Montgomery Ave. `Vl~ crff-ramp traffic ~~il] use
the slip ramp to a signalized intersection at Indiana Ave. `Vl3 on-ramp tragic will use the
slip ramp at Montgomery Ave. To improve operation of the ~~TF3 on-ramp and ensure
safety, tl~c portion of Montgomery Ave. between Pines Ftd. and the slip ramp will be one-
way, westbound only. Therefore, to provide access to Pines Rd. for t:he properties west
of Pines Rcl.; Mansfield Ave. will be improved, with a traffic signal at the intersection of
Mansfield Ave. & Pines Rd. Curb; gutter; sidev`~alks anti bike lanes will also be
constructed. In addition; a signal ~~ll be installed at the Mirabeau Pkwy c~ Pines 12d.
inntersection to bring this intersection up to an acceptable level of service.
2. The Developer is the owner/developer of certain real property generally located
within the SR 27 (fines Road) and Mansfield Road corridor north of Interstate 90 legally
described in Exhibit "A" ("Property").
3. The Developer is developing the Property for residential and/or commercial uses
(the "i7cvel.opment") which v`TiJl increase traffic congestion and directly impact existing
transportation in.frastruciurc along tl~e PinesJMansfield corridor iTOm and including the
on- and off-ramps at I-90. 1Vlitigation of these impacts v~~ll be required as part of the
development of said property.
4. The Parties are desirous of entering into an Agreement ~vhich,provides for the
payment of a proportionate share of the Project in consideration for the allocation of a.
specified number of P.NI. Peak Hour trips and mitigation of traffic impacts associated
~~rith the 17evelopment.
_~ f ~N.ll~llllll 5194558
.' , Tbom~~s >'-lamilt:on, Miti gauc~'::~greement (~ &3/412 0S 6Ig37P
Pinesllylans£eld Road Construction Pm ect ~ ~Yi tNT, 1 „~(~'}~~'"" ,
.] SpokP.~e C~, IAA
5. The Developer..rec;ognizes the need to improve the traffic congestion in t:he
Pines/Mansfield corridor. and has agreed to financially participate in the Project 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 previously estimated for the Development.
6. .Pursuant to RCW 43.21 C.060, and RC~V 82.02.020; the City has the authority to
a11.ow a payment to mitigate a direct impact that has been identified as a consequence of a
proposed development. The Cih~ (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 fuiancial contribution toward those impacts.
7. To mitigate the direct impacts of the Development upon existing transportation
facilities, the Parties are voluntari}~ entering into this Agreement pursuant to RC~W
82.02.020.
8. Tt is intended that this Agreement provide funds in order to mitigate the direct
traffic-related impacts of the 1evelopment upon. the environment.
AGREEMENT
NO~V,111L12:6PORF, .i.n consideration of the mutual covenants acid coa~ditions hereafter
set forth, the Developer and the City hereto agree as follows:
1. Voluntary Agreement. 1"his Agreement, including all aitachcd documents, is a
voluntary agreement as that term is used in RCVV 82.02.020. The mitigation fees
charged herein are proportional to the traffic-related impacts generated by the
Development. `1"he parties acknowledge that the capital project is reasonably
necessary to mitigate the direct traffic impact of the Development. in the event this
mitigation agreement is determined by a cowl to be null and void the City shall
refund the unexpended portion of mitigation tees. Following a termination of this
agreement the Developer shall; as reasonably required, mitigate the direct traffic
impacts of the Development through the State Envuonmenlal Policy Act.
2. Froiect Funds. The Project is bciutg funded from several sowces including; the
VVashi.ngton State Department of T'rausportation (WSDOT), the TIl3, the SRTC; the
City, and private developers. Funds from 1~VSDOT, Tom, SRTC and the City have
been obligated. See "Exhibit B".
3. Mitit:atiun )~'ee. The Developer shall pay $9;478, 0303.46 per P.M. Pea]: How
trip); which has been determined to be the Developer's contribution to the Yrojcct for
mitigation of future traffic impacts related to the Development. This traffic
mitigation fee shall be expended to«~ards the design, right-of--way acquisition, and
construction of the Project.
F;lYu68c WorksVCs~ital FrajcASlPitcs-~lamficlAL~flCttgiiilnei Ageemertt~At$igatinn AgesertfA411GA170N AG1tEEtiGENT Hnmi~pedpc
- ,, .~r>
. ~ . • ~ ~~r
.' , Thomas Hamili:on, NLitigaac'__ ~greernent
Pines/M~isfield Road Construction Project'
~~~Illllll 5194558
(I ~nrr^ Page t 4 of 9
N N , I Kf~ ~ Spokane0Ca0WR~~R
4. Payment To begin the design of the Project, the Developer agrees to pay all, or at .
least 20% of iiS mitigation fee no later than )?ebruary 25, 2005. A let~ler of.` credit;
sa~~ings assignment, set-aside letter, or other appropriate mechanism that ayes the
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 Februan~ 2S, 2005 for the
remaining 80% of the Developer's mitigation fee. 'T`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. '1"he City ~~lJ notify the Developer of the
Project bid date uv~hen it is determined. All fees paid by the lleveloper sliall be used as
a portion of the local match required for the T1B and SRTC grants related to the
design, right-of=~vay acquisition, and construction of the Project.
Site llevelopment. Euilding pen~aits will be issued for the 17cvclopment when 1) this
agreement has been executed by the Developer and the City, and 2) the llcvcloper's
mitigation fees have been paid in accordance ~~th Section 4 above, and 3) all other
conditions oi' approval of the Development required by state and local laws are
satisfied.
Execution oi: this agreement releases the Developer (iom the requirement of
constructing frontage improvements on the Property, provided said irontage
improvements are. included in the Project.. if frontage improvements are not included
in the Project, the lleveloper is responsible for constructing frontage improvements in
addition to paying the mitigation. fees.
6. Compliance ~ti~ith RC`V 82.02.020. Payment collected by the City r~711 be held in a
mitigation fee reserve account and may only be expended to fund the design, right-of-
way acquisition; and construction of the Project. Pa}~ments shall be expended within
five years of collection. Tlic 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 in the mitigation fee reserve account not expended «~itbin five years shall be
refimded by the City with interest as provided in RC~~ 82.02.020.
7. Committed P.iVI. Peak Hour Trips. The City agrees to reserve v<Zthin the Project up
to a total of 196 P.N.I. Peak Hour trips for the Property until the Development is
complete provided such reservation complies u`~ith all federal, slate and local lac~-~s at
the time application for 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.Ni. Peak Hour trips for
the Development exceeds the total number of reserved trips noted above, a new traffic
study shall be provided io determine if additional traffic mitigation is required.
8. Concurrency: In accordance w7th the City's adopted concurrent}' standards ptusuant
to RCVV 3fi.70A, the P.i\~I. Peak JJour trips mitigated herein shall be considered to
have satisfied concurrency .for the Project from the Developnaeni as provided in
paragraph 7. ~-1ny remaining capacity shall be available to the general public.
P:IPuldc Workst+Ctpilal ProgstsV'iss-Atu~ield5hfaigatioo A~eatnentsV.litig,~t6on l~gramrm~,~'R[IGA7'ION AGREO.SEr7Itt~Ite~doC
. ~~ __,~ I~•!~IIIIII~ 5194558
Fagg ~ 5 of 9
Thomas Hamilton, lvliti~an~~~ =.-~~'fr'eernent I I~ 832412005 89 ~37P
~~~~
I'inesfi~l.ans.ficld Rgad Construction Project , ~~ NT, 1 ~ ~ Spokane Co, 1tR
9. 1\'otiee: All conlmUnications, notices or demands of any kind which a party under
this Agreement is required or desires to give to any other party shall be in ~~~-iting and
be either. (1.) delivered personally, (2) sent by facsimile transmission with an
additional copy ~x~ailed first class; or (3) deposited ni the i.l.S. mail, certified mail
postage prepaid.; reh~rn receipt requested and addressed as follows:
Tf to the City: City of Spokane Valley
i 1707 L. Sprague Ave., Suite 106
Spokane Valley, VdA 99206
Fax: (509) 92l -~ 008
Attn: City iVfanager
1.f. to the .Developer: Thomas Hamilton
PO 13ox 14686
Spokane, WA 99214
1.0. Successors. This A.~eement shall be binduig ou and inure to the bt;ncfit of the
successors and the assigns of. the Parties.
11. Gavernin~ :I~aw. This Agreement shall be construed in accordance with the laws of
the Siate of Washinb on. Any action for enforcement of tfiis Agreement shall be
brought in a court of competent jurisdiction in Spokane County, Washington or as
otherwise provided by stattrte.
12. Modifications. l~zo modification. or amendment of this Agreement Shall be valid until
the same is reduced to writing and executed with the same formalities as the present
Agreement.
13. Waiver. No officer; employee; agent or othen~ise of the City has the power, right or
authority to waive any o:f the conditions or provisions to this Agreement. rTo ~z~aiver
or any breach of this A.areement shall be held to be a waiver 2f any other or
subsequent breach.
14. ltepresentaNnn. This Agrreement forms a fully integrated agreement bctilveen the
Parties. No other understandings, oral or other~~~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 requremenis 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 directly related to traff c-related impacts of the
Development within the Project limits.
p:iPuhlie tYnrks5Cnp6ial Prajects~i'ices-Man~licld11.1itiIlntuon ~o•~~*•~~.rtk-rim ~gee~stiKCfIGA770N AG~IiF,1~1~I' i~amiL•eadx
~ ~~~ ~ ~ 5194558
' ' ~ • ~~ Paxe ~ 6 ~d' 8
- Thomas llamilton, Mitigario greement I Q3I~4/2005 ~9 ~37P
fines/iVTanst:icld Road Construction 1'rc~jet V N T, I Kp III ~, Spokane Go,
All Parties have read and understand all of the Aa eement; and now state that no
representation, promise or agreement not expressed i.n the AD eement has been made
to induce any Party to execute the same. '
15. Authority. Both Parties to this Agreement represent and certify that they have full
authority and po«~er. to enter into and carry out this Agreement. The persons sigt~it~g
this Agreement represent that they have authority to act for and bind their respective
principals.
P?&ubC~ WorksLCxt ital FcvjedaU'W-wsAla:tafiddLAli~,ga:ioo kgeetaentshAfitigalbon Agram~sssUllT7GAl'[ON ACREGfE.'dT HEmiltondoc
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Thomas IIarnilton, Ivliti~ar-c'_-_-_~cerner-t ~ Pe~ge ~ 7 of 9
PinesJl~Iansfeld Road Construction Project 03/~41~&95 ~? 6~7P
' . ? Y ~KI 111111 Spokane Co, IlR
IN V~~T1T-ESS ~VH~REOF, the Farties have executed this Agreement this /D~t~.,da}' of
_F u~-,e 2005.
l~,
By: j Its:
T max Harniltan
STAT.F. OF wAS1-I~zGTON )
ss.
County of Spokane )
Qn this 10•~~. day of FE ~ A r 2005 •bef~ore me; the
undersigned, a Notary Public i.n and for the State of ~ ashington, duly commissioned and
s~~orn, personally appeared T/lo/Ylf}S 1J- ff~~1/c.To-~ to me l.~no~vn to b~e-the
_~r-(.2 h1 E Q of the
-6e~o~i~r~ that executed the forcgoin~ instrument; and acl:na~~vlcdgcd the i.nstn~ment to be
the ,free and vohintczry act and deed of the corporation, for the uses and purposes therein
mentioned, and on oath stated that he is ~ruthorized to execute the instrument.
~V11 NESS any hand and official seal hereto a1~i~ed the day and yearv~ this
certi (:irate above written.
```\\`````G~uA ur~~~~'!'`'i
,; ~oy•• ~SSioii F~•R'9i
`tea Noraq~p9w ~~
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+N:_ PUBLIC r
~rrr~nnu~-u--
o
N TAIZY ~'U.I3T.~1C, in and for the State of
Washington; residing at /~p~/~-i~E
My commission expires: (o ~ d
Printed I~~ame
CI" • ~' SPOI{ANE VAT~I..FY:
David Mercier, City Manager
i~ ~ AP ovr.D, s-r~~o~ •
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Chris Bainbridge, City Cler Cary 17ri ~ ell, Depu ~ i - Attorne}
P:VuWic K'uY1;ilGpilgl 7'n}jccslF'ires.T4zns6cldlKiti,~fiuo AgamemaV.fitigatian Agsecmeais'\fl'fIGA770N AGKFif:1~1Ft~'P 19r~tilmn.duc
Exhibit "A" ~`~
Indiana
5103.024
45103.0203
451 3~. 204
103.02
45103.0245
ASSESSORS PL 6 E1/2 OF TR 7 EXC PTN OF SW114 DAF; BEG A T SVJ COR TH Ei50FT TH N240FT
TH W150FT TH S240FT
45103.0244
ASSESSOR PL 6 PTN E1l2 OF TR 7 DAF; BEG AT S1rJ COR TH E150F T TH N240FT TH W150FT TH
S240FT
45103.0203
SW1/4 10-25-44 ASSESSOR'S PLAT #6 PTN OF TRTS 8,9,810 N OF SI RR ROlrti~
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45103.0204
SW1/4 10-25-44 MOUSE ONLY ON kSSESSOR'S PLAT #6 TRTS 8,9,810 LYG N OF SPO, CDALENE &
PALOUSE RR ROW & EXC SPO INTERNATI0I~AL RR ROW
~+ . .. ~ ~~ ~i Exhibit 'B' j` ,
~J ~.
PineslMansfield Cost Estimate
PE ROW Construction Totals
City Portion -Mansfield Ave. (3-lane Section)
Preliminary Engineering $75,622
Soils Investigation $15,000
Right-ofavay $600, 000
Project Signing $2,000
Contingencies- SO°J° $75,622
Construction Engineering - 10% 575,622
Construction - 10°JO 5756,220
Environmental/f~isc. End $15,393
Sut3totals Si07,015 $600,000 $909,404 $1,616,479
WSDOT Portion
Design Engineering $200,000
Right-of-may (Euclid} $25,O~D0
ROW -Pines $100,000
Construction 51,570,464 '
Contingencies $65,745
Sales Tax - 6.1 % $123,155
Gonstnrction Engineering_ 16°Ju 5262,979
Sut~totals $200,000 $125,000 $ 2,022,346.00 52.347.346
TOTAL $307,015 5725,000 $2,931,810 ~ $3,963,825
' Added 550,000 per revised es5mate from WSDOT for additional flagging required at RR crossing.
TIB $ 2,193,561 5590
Developers $ 493,795 13%
City $ 55,000 190
WSDOT 5 55,000 1%
C h11AQ $ 1,160,500 29%
Total $ 3,803,856 100%
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