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School Mit 001After recordine return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: SUB-OS-0345-YL Grantor: 1. Yelm Property Development LLC 16420 Middle Road SE Yelm, WA 98597 Grantee: 1. Yelm Community Schools Dist. 2 Legal Descrip[im: Sec. 20, T17N, R2E; "Willow Glenn Phase III"; Grove Road SE, Yelm, WA Assessor's Property Tax Parcel Number/Account Number: 643 03 5 00200 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ o '~+~\ zoo7, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Yelm Property Development LLC (the "Developer") RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 55 lo[ subdivision, "Willow Glenn Phase III" 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 incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but no[ 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 services, 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 indioate that the Project will have an impact on the District, when cumulative impao[s of other projeots are considered. D. RCW 82.02.020 authorizes the District [o enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. 3919688 Page 1 of 04/181200] 0220 PM Rgreement YELI15LOMMUNITVYSCHOOLS9ton (IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District [o recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on [he 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 [hat there is a direct impact on the District as a result of the Developer's Project and [hat this Agreement is necessary as a result of [hat impact. 2. The Developer acknowledges and agrees that in order [o mitigate the direct impact of [he Project, the Developer has offered to pay the District the following sum of money: Two Thousand Seven Hundred Eighty Dollars and 00/100 ($2,780.00) for eaoh lot in [he subdivision or the total sum of One Hundred Fifty-Two Thousand Nine Hundred Dollars and 00/100 ($152,900.00) (the "Mitigation Payment") for the 55 lots of [he subdivision. The amount referenced by this paragraph is subject to change pursuant [o paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that [he payment of [he full Mitigation Payment (in the amount of Two Thousand Seven Hundred Eighty Dollars and 00/100 ($2,780.00) per dwelling unit or One Hundred Fifty-Iwo Thousand Nine Hundred Dollars and 00/100 ($152,900.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, [he amount due for mitigation, as stated in paragraph 2 above, shall be modified [o 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 [o Developer upon request. 5. The Distrio[ agrees m record [his Agreement afrer i[ has been exeouted by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized [o be used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie Elementary Sohool, 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 [he District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest a[ the rate applied to judgments to [he property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five yeazs due to delay whioh is attributable [o 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 [hat 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 or reimbursement of funds, performance or improvements provided for [herein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree [ha[ the Mitigation Payment will be full and oompleta mitigation foe the impact of the Project as presently proposed on the District. Page 2 of 3919688 ae~aa^`"I 04H8R00~ 02.4 PM _ VELMZLOMMUNITYV5LM00L591on VIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of [his 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: Grove Road SE Section 20 Township 17N Range 2E Land Area: 10 Acres Parcel Number: YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: ~ 13' O~ ~ ~^ ~ -~. By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that 1 know or have satisfactory evidence that Alan Burke is [he person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute [he instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument ~1~~' - GNEN under my hand and official seal this _~,Lvay of 2007 .-gip, STEpRt~~h~~ NC Y PUBLIC in and for [he State of r ~ '~pN E••"~•.~~9nj~4, ashington, residing at g t~,~ 4E;•..9 My Commission Expires~~ aO `in ,i y 'U PU9LtG :~~U ~ 3919688 Page 3 aF 4 tit ST •••, 6,19.Oa'?~>- Mai isnmmv ©zza FM ae~eame~i t,, ~9lF ""~~ ~\~- TELMSLOMMUNITYTSCMeeL59t~n '1111 ~F \N L\J`~. DATED: '~ /'~ o m ~ /~` By: i /IAfs M ~A~-+11¢ta Its: Developer STATE OF WASHINGTON ) COUNTY OF ~ vz,o~ [ oertify that I know or have satisfactory evidence that J~µJin t~W~AS°is°[ha 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 i[ as [he applicant for this subdivision m be the free and voluntary ac[ of such party for [he uses and purposes mentioned in [he instrument. GNEN under my hand and official seal this I l° day of A ?~ ~ , 2007. L w Y agoi~Idart~';. N T RY P BLl ~ in and for the State of _ '", Washington, residing at ~~~~ ~- ~ ' `'~~ ' My Commission Expires: i t- i9 -~5 !i+ i ', _ i:. J 3919688 Page 4 of °nu~ezm°0'co0oiv~wz:nlrelonQafBBMenI YELM COMMUNITY SCHOOLS I IIIIIII III IIIIII IIII Illlll IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII VIII VIII I'll IIII