6116039 Agreement, Development: Arger; CPA-05-12 08/07/2012 11:54:09 AM 6116039
Recording Fee $70.CO Page CiTof 9 SPOKANE VALLEY
Agreement GOVERNMENT,
Spokane Ceur Y Washington
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RETURN ADDRESS:
City of Spokane Valley
City Clerk
11707 E. Sprague Avenue#106
Spokane Valley,WA 99206
CPA-05-12 Development Agreement Cover Sheet
Document Title:
ARGER DEVELOPMENT AGREEMENT
Number(s) of Related Documents:
CPA-05-12
Grantor:
1. GREG ARGER,ARGER CONKLIN,LLC—WASHINGTON
Grantee(s):
1. GREG AMER,ARGER CONKLIN,LLC--WASHINGTON
Legal Description:
Quarter SW Section 13 Township '25 Range 44
All Assessor's Tax Parcel ID Number(s):
45133.0109,45133.0118 &the northern 68 feet of 45133.0846; generally located south of
Broadway Avenue west of Conklin Road; further located in the NE'/a of the SW%of Section
13,Township 25 North,Range 44 East,Willamette Meridian, Spokane County,Washington.
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into by and between Arger Conklin
LLC, C/O Greg Arger ("Developer"), a limited liability company of the State of Washington,
having offices at 300 North Mullan Road, Spokane Valley, and the City of Spokane Valley
("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as
"Parties":
RECITALS:
1. Developer owns property located in Spokane Valley, Washington more specifically
described as:
Parcel number(s) 45133.0109, 45133.0118 & the northern 68 feet of
45133.0846; generally located south of Broadway Avenue west of
Conklin Road; further located in the NE 'A of the SW '/a of Section 13,
Township 25 North, Range 44 East, Willamette Meridian, Spokane
County,Washington.
2. The Developer has proposed to amend the Spokane Valley Comprehensive Plan (the
"Comprehensive Plan") and Official Zoning Map as part of the annual Comprehensive Plan
amendment process occurring in 2012, to change the designation from Medium Density
Residential (MDR) with a Medium Density Multifamily Residential (MF-1) zoning
classification to High Density Residential (HDR) designation with a High Density
Multifamily Residential (MF-2) zoning classification to allow the construction of an
apartment complex on approximately 10.86 acres of land.
3. To integrate the Project into the neighborhood and provide for a compatible development,
the Project shall be constructed according to the laws and regulations governing land use in
the City of Spokane Valley and the additional conditions agreed to by the Developer and
set forth below.
4. Development Agreements are specifically authorized by RCW 36,70B.170-210 and
Spokane Valley Municipal Code (SVMC) 19.30.050 as a proper exercise of the City's
police power to include standards that apply to and vest the development, use and
mitigation. The development standards in such agreements may include residential
densities, building sizes, mitigation measures, conditions, maximum height, setbacks,
drainage and other land use matters.
5. The Parties agree that the conditions set forth below are intended to mitigate specific direct
impacts resulting from the re-zoning and re-classification of the Property.
Page 1 of 7
6. A public hearing has been held before the City Council, and the City Council finds
pursuant to Ordinance No. 12-018 that the proposed Project conforms to the
Comprehensive Plan. Notice for the above-mentioned hearing was provided in a manner
consistent with the Municipal Code.
7. This Agreement is consistent with the Comprehensive Plan and the Municipal Code.
8. The Developer agrees, after conferring with its legal counsel, that all requirements of this
Agreement have a nexus to the development and that nothing herein or in the Municipal
Code constitutes a violation of RCW 82.02.020 as applied to this Project.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the City and
the Developer stipulate and agree to the following:
I. DEFINITIONS
For all purposes of this Agreement, except as otherwise expressly provided or unless the context
otherwise requires:
1.1 "City"means the City of Spokane Valley
1.2 "Developer" means Arger Conklin LLC or its successors or assigns, partners or joint
ventures including any participating contractor.
1.3 "Project" means an apartment complex to be on the Property located south of Broadway
Avenue west of Conklin Road.
1.4 "Property"means the property described in Recital I above.
1.5 "Subsequent Project Approvals" means all Project approvals required by state law or
Municipal Code after approval of this Agreement to construct the Project including, but not
limited to, zoning changes, clearing and grading permits, Boundary Line Adjustment
(BLA), building permits and occupancy permits.
II. DEVELOPMENT OF THE PROPERTY
2.1 Compliance with Existing Rules and Regulations. This Agreement shall not relieve
Developer from Developer's obligations to comply with state or local law applicable to the
Property and Development and use of the same, and to secure such authorizations and
permits as may be imposed as a condition of any work being performed on the Property.
2.2 Developer Covenants and Agreements. In addition to the requirements set forth in
paragraph 2.1 above, Developer further covenants and agrees to the following:
Page 2 of 7
2.2.1 The number of units shall not exceed 22 units per acre, and no bonus density shall
be applied.
2.2.2 The main access to the Project will be located on Broadway Avenue and secondary
access will be located on Conklin Road.
2.2.3 The Local Access Street Plan identifies the connection of Alki Road from Moore
Road to Conklin Road. The Project currently has access to Broadway Avenue
(Minor Arterial) and Conklin Road (Collector). Additional access from Alki Road
is not required for ingress, egress or emergency access. The Developer will not be
required to dedicate right-of-way or construct Alki Road from Moore Road to
Conklin Road.
2.2.4 The Developer shall provide a shared use path providing pedestrian access from
Moore Road to Sonora Road. The shared use path shall be located in the current
right-of-way and shall be 10 feet wide with bollards at each end restricting
vehicular access. Access from the Project to the shared use path shall be provided,
however the Developer may restrict public access from the shared use path into the
Project.
2.2.5 The Project shall establish a 40 foot wide area of restriction ("Limited Density
Area") surrounding the development as depicted on Exhibit A. Development in the
Limited Density Area shall be consistent with the Municipal Code, and further be
limited as follows:
2.2.5.1 Building height shall not exceed 35 feet;
2.2.5.2 Buildings will be limited to two stories with no balconies or decks
oriented toward the perimeter of the Property;
2.2.5.3 Dwellings shall have a minimum ten foot setback from the Property line as
specified by SVMC 19.40.020;
2.2.5.4 Accessory structures, such as carports or recreation centers, shall have a
minimum five foot setback from the Property line as specified by SVMC
19.40.020;
III. MISCELLANEOUS
3.1 Commencement Date. This Agreement shall commence on the date that it is fully executed
by the Developer and the City following consideration and approval of the same by the
City Council (the "Commencement Date") and is recorded with the Spokane County
Auditor. The Developer acknowledges that an appeal could be filed related to the Project,
which could include a stay of proceedings. Any construction activity by Developer prior to
full resolution of any such appeal is at Developer's own risk.
Page 3 of 7
12 Indemnification and Hold Harmless Agreement. Developer agrees to defend, hold harmless
and indemnify the City from and against any and all liability, damages, costs, or expenses
to Developer, including attorney's fees, arising from Developer undertaking any
construction activities during such appeal, from any delay resulting from such an appeal or
from a finding that the Agreement in part or in whole is unlawful.
3.3 Conditions,Shall Run With the Land. All of the provisions, agreements, rights, powers,
standards, terms, covenants and obligations contained in this Agreement shall be binding
upon the Parties and their respective heirs, devisees, administrators, representatives,
lessees, and all other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever, and shall inure to the
benefit of the Parties and their respective heirs. All of the provisions of this Agreement
shall be enforceable as equitable servitudes and constitute covenants running with the land
pursuant to applicable law. Each covenant to do or refrain from doing some act on the
Property hereunder, (a) is for the benefit of such properties and is a burden upon the
Property, (b) runs with the Property, and (c) is binding upon each successive owner during
its ownership of Property or any portion thereof, and each person having any interest
therein derived in any manner through any owner of the Property or any portion thereof,
and shall benefit such Party and the Property hereunder, and each other person succeeding
to an interest in such Property.
3.4 Notices. All notices under this Agreement shall be in writing and shall be effective when
personally delivered 48 hours after deposit in the United States mail first class, as
registered or certified mail, postage prepaid, return receipt requested, to the following
representatives of the Parties at the addresses indicated below:
To Developer: Greg Arger
300 North Mullan Road
Spokane Valley,WA 99206
To City: Community Development Director
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
And to: Office of the City Attorney
City of Spokane Valley
11707 East Sprague Avenue, Suite 103
Spokane Valley, WA 99206
And to: F. J, Dullanty,JR.
Witherspoon,Kelley, Davenport&Toole
422 West Riverside Avenue, Suite 1100
Spokane, WA 99201
Page 4 of 7
Either Party may change its address by giving notice in writing to the other Party.
3.5 Entire Agreement, This Agreement is complete and sets forth and contains the entire
understanding and agreement of the Parties,and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained
or expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
3.6 Amendments. This Agreement may only be amended in writing signed by the City and the
Developer. Conditions of development imposed by the City Council of the City of Spokane
Valley, after public hearing on this matter, shall not be altered without appropriate notice
and public hearing.
3.7 Recordation of Agreement. This Agreement and any amendment or termination to it shall
be recorded with the Spokane County Auditor.
3.8 Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable by a court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby to the extent such remaining
provisions are not rendered impractical to perform taking into consideration the purposes of
this Agreement or the rights and obligations of the Parties have been materially altered or
abridged.
3.9 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of Washington.
Any action for enforcement of the Agreement shall be brought in a court of competent
jurisdiction in Spokane County,Washington or as otherwise provided by statute.
3.10 Assignment. Any sale by the Developer (or its successor in interest) of all or any portion
of the Property to any person, entity, or organization shall be conditioned on the purchaser
accepting assignment of this Agreement. Such assignment shall be recorded with the
Spokane County Auditor. If the Property is sold without an express assignment of this
Agreement,then an assignment shall be implied,
3.11 No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the Parties. No other person shall have any right of action based
upon any provision of this Agreement.
3.12 Further Actions and Instruments. Each of the Parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either Party at any time, the other Party shall promptly
execute, with acknowledgement of affidavit if reasonably required, and file or record such
required instruments and writings and take any actions as may be reasonably necessary
Page 5 of 7
under the terms of this Agreement to carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions contemplated by this Agreement
3.13 Voluntary Agreement. The Parties hereby represent and acknowledge that this Agreement
is given and executed voluntarily and is not based upon any representation by any of the
Parties to another Party as to the merits, legal liability, or value of any claims of the Parties
or any matters related thereto.
3.14 Reservation of Authority. Pursuant to RCW 36.70B.170 the City reserves the authority to
impose new or different regulations to the extent required by a serious threat to public
health and safety.
3.15 Authority. The undersigned covenant and represent that they are fully authorized to enter
into and execute this Agreement.
This Agreement is executed by the Parties as set forth below.
CITY OF SPOKANE VALLEY:
■y ;�� r --/
Date: 7 `? ( / —....
City ..an. c;.
ATTEST:
By: G4 ti.C,t. 1 ,� t Date: 7 i°i Jr
City Clerk
Approved as to form:
By: 04,.. 1: 6 Date: 3 / - i2—
City Attorri0
DEVEL,ER:
By: ,' A 11 /W. ------- Date: 7- 31 7
Greg A ger /
rger Conklin,LLC
Page 6 of 7
NOTARY PUBLIC PAGE HERE
•
STATE OF WASHINGTON)
ss. •
COUNTY OF SPOKANE )
On this 1/4 day ofA _.i1 20 Ca,before me personally appeared r/ 1e .
.to me known to be tie individual(s)described in and who executed the within and foregoi
instrument, and acknowledge that he signed the same as his free and voluntary act and deed,for
the uses and purposes therein mentioned.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed mnY official seal the day and .
year first above written. .
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