School Mitigation
After recording return to:
Yelm Community Schools District No. 2
P. O. Box 476
Yeim, WA 98597
Attn: Erling M. Birkland
MITIGATION AGREEMENT
Reference No: SUB-OS-0458-YL
Grantor: 1. FH1, LLC
4200 - 6'~' Avenue, Suite 301
Lacey, WA 98503
Grantee: 1. Yelm Community Schools Dist. 2
Legal Description: Sec. 25, T17N, R1E; 15025 State Hwy 507, Yelm
Assessor's Property Tax Parcel Number/Account Number: 21725130300
THIS MITIGATION AGREEMENT ("Agreement") is made this ~ of l~D~, 2006,
between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District")
and FH1, LLC (the "Developer")
RECITALS
A. The Developer has submitted an application to City of Yelm for the construction of a 24
lot subdivision, "Forrester- Heights" near Yelm, Wash. (the "Project"). The Project is located on property
that lies within District boundaries, more particularly described on Exhibit A, attached hereto and
incorf~orated herein by reference.
B. The State Environmental Policy Act, Chapter 43.21 C RCW ("SEPA"), provides
processes and procedures whereby major actions by state and local agencies, including, but not limited
to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature
and extent of their impact on the environment. Impacts on public seiwices, including schools, are
environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse
environmental impacts.
C. The District's student population and growth projections indicate that the Project will
have an impact on the District, when cumulative impacts of other projects are considered.
D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the
Developer for payment to mitigate the impact of the Developer's Project.
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YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that
the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation
measures where appropriate.
F. The Developet• has agreed to mitigate, on a voluntary basis, the adverse impact of the
Project on the District.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
covenants below, the District and the Developer agree as follows:
1. The Developer acknowledges and agrees that there is a direct impact on the District as a
result of the Developer's Project and that this Agreement is necessary as a result of that impact.
2. The Developer acknowledges and agrees that in order to mitigate the dit•ect impact of the
Project, the Developer has offered to pay the District the following sum of money: Two Thousand Six
Hundred Seventy-Five Dollars and 00/100 ($2,675.00) for• each lot in the subdivision ot• the total sum of
Sixty-Four Thousand Two Hundred Dollars and 00/100 ($64,200.00) (the "Mitigation Payment") for the
24 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to
paragraph 4 below.
3. Any extension, renewal, modification ot• amendment to the Project that results in an
adjustment in the number of lots shall result in a corresponding pr•o rata adjustment in the Mitigation
Payment.
4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of
Two Thousand Six Hundred Seventy-Five Dollars and 00/100 ($2,675.00) per dwelling unit or Sixty-
Four Thousand Two Hundred Dollars and 00/100 ($64,200.00)) for the project, shall be a condition of
building pet•mit issuance for each single family dwelling in the project. If building permit issuance does
not oc;cut• within Five (5) years from the date of this Agreement, the amount due for mitigations, as stated
in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation
agreement to which the District is a party. A copy of such agreement shall be made available to
Developer upon request.
5. The District agrees to record this Agreement aftet• it has been executed by the parties.
6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be
used for capital improvements to the following facilities: Fort Stevens Eletnentaty School, Pt•air•ie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond
Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other' facilities that may
be affected by the Project and/or the purchase of portable facilities and/or school buses.
7. The Developer agrees that the District has five (5) years from the payment date to spend
the Mitigation Payment for the capital improvements or expenditures descn•ibed in paragraph 6. In the
event that the Mitigation Payment is not expended within those five years, the moneys will be refunded
with interest at the rate applied to judgments to the propen•ty owner's of record at the time of r•efurld;
however, if the Mitigation Payment is not expended within five years due to delay which is attributable
to the Developer, the Payment shall be refunded without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever
refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, claim any repayment ot• reimbursement of funds,
performance or improvements provided for therein, or any of its terms and conditions, on ally ground or
basis whatsoever.
9. The District hereby waives any objection to the Project as presently proposed.
10. The District and the Developer agree that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
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YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
11. This Agreement shall be binding upon and inure to the benefit of the heirs, executot•s,
adtninistratot•s, successors, and assigns of both of the Developer and the District.
12. If an action must be brought to enforce the terms of this Agreement, such action shall be
brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs
and reasonable attorneys' fees.
13. This Agreement constitutes the entire agreement between the parties and any other
agreement either written or oral shall be null and void.
EXHIBIT A
LEGAL DESCRIPTION
General Location: 15025 State Hwy 507
Section 25 Township 17N Range lE
Land Area: 11 Acres
Tax Parcel Number: 21725130300
YELM COMMUNITY SCHOOLS DISTRICT N0.2
DATED: A `~ (~ h' ~ ~'(~ ~----
By: Alan Burke
Its Superintendent
STATE OF WASHINGTON )
)SS
COUI.ITY OF THURSTON )
I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community
Schools District No. 2 to be the fi•ee and voluntary act of such party for the uses and purposes mentioned
in the instrument.
GIVEN under my hand and official seal thi~y of ~~~~ , 2006
.` ~Q:gTEN~ ~~4~,,'' T BLIC in and for the State of
~.,. N ~~ ashington, residing at 1/Y\
~.,~ ~~ ~~ My Commission Expires. _~
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YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
DATED: /~ ~ .~
STATE OF WASHINGTON )
COUNTY OF 71-/y,~.~iy~! )
I certify that I know or have satisfactory evidence that ,~~~. ['Ilgeli~~~c9 the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be
the free and voluntary act of such party for the uses and purposes mentior-ed in the instrument.
GIVEN under my hand and official seal this ~ ay of ~''-~j,~,,,~ , 2006.
V.`> ~ ~~~
NOTARY PUBLIC
State of Washington
NANCY A. TRA1l.
Cvmmisalon Explroa AUGUST 31,2010
u, r_~
N ARY P~ L iia-a~n f • the State of
W shington, residing at %~ ;ra cl'
My Commission Expires: ~ ~7
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lts: lleveloper