07-086.00 Shelley Lake Residential Development LLC•
F'1ft~r Recording, return document to
cif of Spol~ane galley
At~cn: pity Clerk
11707 l1 Spra~uc ,4~+e~~ue
Spokane galley, 1~fA ~~0£~
V~~~Ti1~'~'A,>Et N]11~IGA.'>['~O Atx~1~11'.1C~~T
~',LirFY LAd; 5th ~~]DIT~1D
U~1~- 0-0 5 l~~~U9-~5
•
'L"his Mitigation Agreeme~Etit {`°Agreement"} is entered into by rutcl $en~een hellcy f~alce
Resideatral pevelopment, .Li~~ {"Develcaper"~, a 1~ashir~ton .l~u~~ited LiabiGf on~p~uiy, ar~d tlye pity of
Spolc~~e Valley ~"pity"}, a polilie~l subdivision of the State of 1'~ashington, hereina~i~ert joii~t~}+ referred to
as "Parties.''
RI~CI1'A~..
] . This ~~reeme~yt is entered into by Lhe .Parties pursuant ko R1'~ ~.0~.0~~ to mitigate a dErect impact
ider~tii~ied as a consequei~ce of the de~~elopme3~t of't'he property,
2. The T~cveloper is f]~c o~vnerldc~~elope~• of ceri~ain real property of approximately 46:4K acres and
generally looted east of and adjacent to ltotch.iord Drive; arirl is sitl~ated in c~ctio3i 24, To~~rnsi~ip ~5
North, l~ar~ge 4~ )~, 1~i, in Spok,-uie Counf, 1~ashington, laid property is more speeircall}~ described
in Exhibit A attxcl~Cd hereto and by this reference incorporated herein.
3. The Developer has received approval of the preliminary subdivision a~~d rezone iclcntified as -08-
05 1-0-05, a residential developmenk which will create fEfty nine ~5~} residential lots and foul
con~~~~on open space ti~cis, Tr~f.Fio mitigation h,~s 1~een r~:quired as parC of the approval process for the
final plat pursuant to tl3e tai'f` Report end I~l~tic:e of T~ecision dated the ~9`h day o.f T~ecember, ~~OS_ Tl~e
otioe of Decision conhains tl~e following co~}ditions of approval'
S1p0~~NE AL.L~Y PUI3~S ~~013i ~1FFRTI4'l~I~'7~' - ]]l;>GO~'IVIEI~I'1'
EG.T~1>Jl;•~i~ UTIT(7
~4.'Z'hc. sppro~:~l fnr ccrt~un ~rcro~~es and ~levelnpuicnts on propc~~kies o~vued b~ the
applicant, )El`obert 1"icitrnan, Jr., ~~'crc conclitioncd on the iz~stal[:~tiao of a traffic signs~l at the
intersection of Sla~`a~uc Avenue and C:anklin toad ~t# the Cizne trat`f-ic w~r~~i~ts arc met. TMe
~4pplicaut shs~Jl co~itrsbn#:e ~P°lo of tl~c cost to coi~struct the signal, minus a X1,000 oiffset fnr
eondui# previously inst~l~led for the signal by the applicant. Sue1K contribution shall lac
deenicd to satisfy tf~o conditions of ~~pproval for tine Slrelle~~ Take ]~evelnpment, including
the Shelley ~akc #in~l plats, the curKe~~t Prc[irninary flat and multi-family uses p~anncd in
hekley La1ce 5~` Addition Voluntary ~Iiki¢ation Agreement
Page 1 af4
~7-86
•
sucla cievelnp~~~enE; sus ~-etl as corn~~~ercial uses on t[~e properties re~pned in file bras. ~~~~~29-
9~ and ~>F~~6S-9G.
1 't'he applicant and the City of Spokane Valle}~ h~~ve agreed to t~rc deE~ils of tl~e
contribution by the a}~plicant send transportation concurre~ycy for the projects described
above; at~d lave f~greed to execute a <ler-e~aper a~recmcnt that sY~ecifics payment of tl~e
applicant°s ~h°o cn~~trihution prior to finalixatian o.f the current prelimi~~ary p[~it, the
issuance o~ ~ building permit for tl~e multi-£~tmil~~ property, or the issua~ycc of a kfuildin~
permit for the rnne cl~s~nge pro~~ertics, whichever event comes first. '1~'fre dC~'C[oper's
agreeme~~t shall provide for the posting of a l~erfarmance bunclE at such time as }+~arrauts arc
met.
~, The Pasties are desErous of enteeing inUO an Agreement which provides far the pa}rnner<t of a
propoi~ionate share ol` improvements deemed necessar}' srt the intersection of prta~uc A~~e- and o~rklin
Road which sire a direct result of'traf#ic impacts associated with the ~Development-
~. '1"he Dc~'eloper's contribution to the traffic signal shall be ~99,~Q0 based tl3e developer`s forty
percent (40°~} contribution to tl~e sig~ial, minus a ~ 1.,O~Q offset for the condui# pre~iotisl}' installed for the
traffic signal, ~'hc Cify estimates the cost nftl~etraffic: signal sit $~50,0~0.
T*1(7V~, -fl~lcF~T~.>~, in consideration of the mutual covenants aid conditions hereafter set forth,
the Developer and tk~c City I~ereto ~grec as fo~lo~vs:
] . Voluntary rl~reerrsent- 1"his Agrecme~~t, including; all $ttacl~ed doc~irnents, is a vol4uitary
agreement us that term is used in F~ 2~-~~-020. The contribution offered is proportional to the traffic
related impacts generated b~+ the De~+elopmen[, 't'he parties acknox+~lcdge that the pro}cot is ~'easonably
necessary #o mitigate the direct traff c imps~ct of t~~e l~evelopmcnt- 1'n the event this mitigation agr~:~:ment
is breachecl by the peveloper, all of the pity°s obligations under this agreement shall terminate. In tl~e
event this uxitigz~Faon agreement is detcr~nined by a courk to be invalid. the pity s1~a11 refund the
4~nex.pended portion of the contribrtion, and the C ity's obligations u~tider this agreement shall terminate.
Project- The project shall consist of the installation of a trafFic signal at the intersection of
prstgue Avenue tend oi~kkin Ro~-d, "Chr: mitigation fee is based upon the cost of the traffic signal;
3. aatri#uL'inn. Tha Developer s~~akl pay X99,00{}, which has been detenuined to $e the
Developer's proportions~te coi~#~~ibution to the Project far ntit.igatio~~ of fut4u~e isat~ic impacts i~elatecl to the
Development- This traffic mitigation fee shall be used fir the design andlor construction of` i.he
improven~er~ks to tk~is Entersection,
~}, P~ment The Developer agrees to ps~y all of the above identified rnii'igatio~~ fee at such time as
traffic signal ~v$rrants, as defined by the anuak ors Uniform Traffic control Devices {UTII), at the
intersection of prageGe ,~~~e. and C:crnklin .Goad are met, The C'it}+ "fraf~'ic enaiueer steal! determine when
signal warrst€~t<s are met, Pa~+ment shall be made within thirty {30~ da}~s after receiving notice fros~~ the
pity. )~#-payinenl~ is not tin~ely received, tl~e tvity may i~r~ir~ediately access tj~e funds secured b}' the letter
of credit described ~elo~v- A letter of ceedi#, which wives the C:it}' a unilateral right to ~eeess the funds
Shallev T~$kc 5~' Addltlan Voluntary 1~Iltlgatibn Agreeiriailt Page ofd
• •
pursuant to this agreement from a financial institution., shall be provided to the City upon execution of
this agreement and prior to acceptance of this agreement by the City.
S. Compliance with RCW 82.02.f120. Payment collected by the City will 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. Payments shall be upended within five (5) years of collection. The City
shall be entitled t.o 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 within five (~) years shall be refimded by the
City with interest as provided in RCW $2.02.020.
6. \`otice: All communications, notices or demands of any I:ind which a party under this
Agreement is required or desires to give to any other parTy shall be in writinL and be either (1) delivered
personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3} deposited
in the U.S. mail, certified mail postage prepaid, return receipt requested and addresseel as follows:
If to the City: City of Spokane ~~alley
11707 r. Sprague Ave., Suite 106
Spokane Valley, 1VA 99206
Fax: (509) 921- 100$
Attn: City Manager
Tf to the Developer: Shelley L<rke Residential Development LLC
$225 ~I. Division
Spokane, «~A 99208
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and
the assigns of the Parties.
$. Governing. Law. `t'his A.greernent shall be construed in accordance with the laws of the State of
Washington. rlny action for enforcement of this Agreement shall be brought in a court of competent
jurisdiction in Spokane County, Washington or as otherwise provided by statute.
9. Mndific.rtions. No modification or amendment of this Agrrcement shall be valid until the same is
reduced to writing and executed with the same formalities as the present Agreement.
10. Waiver. No officer, employee, agent or otherwise of the Cit}~ has the power, right or authority to
waive any of.'t:hc conditions or provisions to this Agreement. No waiver or any breach of this Agreement
shall be held to be a waiver of any other or subsequent breach.
11. ltcpresentation. This Agreement forms a fully integrated a'greernent behveen the Parties. i\ro
other understandings, oral or otherwise, regarding the subject matter of this tlgrccment shall be deemed to
exist or to bind any of the Parties hereto. All Parties have read and understand all of the A;rr-eement, snd
now slate that no representation, promise or agreement not expressed in the Agreement has been made to
induce any Party to execute the same.
12. Authority. Both Parties to this Agreement represent and certify that they have full authority attd
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.
Shelley Lake 5`~ Addition Voluntary vlitigation Agreement Page 3 of ~l
• •
'=t-'
IN WITNESS WI-1);1~FOF, the Parties have executed this Agreement this ~ day of October, 2007.
UEVE1rOPL12:
sy:
Name:
S"PATE OF 4VASH[~i IGTON )
ss.
County of Spokane )
Its: ~Gsst /~liL
Z3~`~ r~f~~~~-~' 2007 before me; the undersi nevi a No
On this day of g ~ ~'
,);ublic i.rr acid for the State of Washington, duly commissioned and sworn, personally appeared
~~~ ~ • ~ i•vra.n ~'r to me kno~~~n to be the ~~" ~- of
Sv- ~U ey ~.1~-e. (Zy7; ~,r,i, ~.t_ ~ • l.~C-_ ,the corporation that executed the f.'oregoint instrument,
a.nd acknowledged the instnment to be the free ,~»d volunt~uy act and deed of tJ~e corporation, for the uses
and purposes therein mentioned, and on oath stated that: (s)he is authorized to execute the instrument.
W['I'~rrSS my hand and offcial seal hereto allixed the dory and year in this certificate above written.
~P ~~~Ol
A o,~~asion F~~~~
t~? ~pTAgy~:,a
N_ ` e d i
..1 " ' Z
9 '• ~~r~
OF W A SN~~
`L~v~ri ~ -S ~~ gal e,~.._-t=}-
NOTARY PUBLIC, in and for the State of Washington,
residing ate, C~ICv~,1.Q
M 1 commission expires: ~(l~ 3 ~ l 1
~I 1 Q . .~ V1 o O ~ CY'e~ ~ {__'
Printed Name
CITY OF SPOKANE VALLEY:
David ivlercier, City 1\~Ianage
APP[tOVEA AS 1'0 FO.t~vi:
Office ~ the City rney
ATT ' T:
ristine Bainbridge, City Clerk
Shelley i.,akc 5`h Addition Voluntary Mitigation Agrcernent rage 4 of 4