05-0458 Mitigation Agreement 021208
After recordin return to:
Yeln~ Community Schools District No. 2
P. 0. I3ox 47b
Yeitn, 1tv'A 08597
Attn: Erling M, Birkland
MITIGATION AGREEMENT
Reference N'o: SUB-05-0458-YL
Grantor: 1. FHI, LLC
4200 -- 5't' Avenue, Suite 301
Lacey, WA 98503
Grantee: 1. Yelm Community Schools Dist. 2
Legal Descriptiorn: Sec. 25, T17N, Rl);; 15025 State Hwy 507, Yelm
Assessor's Property Tax Parcel: NumberlAccount Number: 2 1 725 1 30300
THIS MITIGATION AGRE>MENT {"Agreement") is made this ~ of ~~, 2a06,
between the YLLM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Wasl3ington (tire "District")
and 1" H l ,LLC (the "Developer")
RECITALS
A, Thy Developer has submitted an application to City of Yc1tn for the construction of a 24
lot subdivision, "Forrester Heights" near Yehn, Wash. (the "Project"). The 3'roject is located on property
that lies within District bout7daries, more particularly described on I/xhibit A, attached hereto and
incorl~orat.ed herein by reference.
13. The State Environmental Policy Act, Chapter 43.2]C RCW ("SETA"}, provides
processes and procedures wlrereby major actions l7y state and local age[~cies, including, but sTOt iimited
ia, plat or PUD approval or the issuance of building permits, shay be reviewed to determine tl3e nature
and extent of their impact on tl3e environment. Impacts on public services, including schools, are
environmental impacts for the purposes of SFPA. SETA requires the mitigation of adverse
em~irontTrental 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 considet'ed.
D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the
Developer for paytnenl to mitigate the impact of the Developer's Project.
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E. Pursuant to Resolution No. 12-1 b-93-O5, it is the policy of the District to recommend tftat
the direct impact of development be voluntarily mitigated by the payrnertt of fees andlor other mitigation
measures where appropriate.
F. The Developer has agreed to mitigate, o€t a voluntary basis, tfte adverse ilttpact of the
Project on the District.
AGRl~EM1NT
NOW, THEREFORE, in consideration of the above recitals and the mutual p€'omises 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. '['he 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/l00 ($2,675.00) for each lot in the subdivision ar• the total sum of
Sixty-Four Thousand Two I-Iundred Dollars and 001100 ($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 ar amendment to the Project that results in an
adjustment in the number of lots shaft result in a corresponding pro rata adjustment in the Mitigation
Payment.
4. The Developer agrees that the payment of the full Mitigation Payment (in the a€nount of
Two Thousand Six I-Iundred Seventy-Five Dollars and 001100 ($2,675.00} per dwelling unit ar Sixty-
Four Thousand Two Hundred Dollars and 001100 ($64,200.00)} for the project, shalt 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, the atnourtt due far mitigation, as stated
its paragraph 2 above, shall be modified to the amount reflected in the then most recent mltrgatlon
agreement to which the Distric# is a party. A copy of such agreement shall be made available to
peveloper upon request.
5. The District agrees to record this Agreement after it has been executed by the parties.
6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be
used far capital improvements to the following facilities: Fort Stevens Elementary School, Prairie
Elementary School, Cockatoos Elementary Scftoof, Southwo€-ti~ Elementary School, Mill Pond
Intermediate School, Yeltn Middle School, andlor Yelrn High School andlor any other facilities that Wray
be affected by the Project andlor tfte purchase of portable facilities andlor school buses.
7. The Developer agrees that the District leas five (S} years from tlta payment date to spend
the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the
event that the Mitigatior Payment is not expended within those five years, the moneys will be refunded
with interest at the rate applied to judgments to the property au~ner-s of record at the time of refund;
however, if the Mitigation Payment is not expended witftin five years due to delay which is attributable
to tht: Developer, the l'ayn3ent sJtall be refunded without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payn~cnt of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undet'takes that it forever
refrains and desists from irtsthuting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, clairrt any repayment of r-eitnbursement of fwtds,
performance or improvements provided far therein, or any of its terms and conditions, an any ground or
basis whatsoever,
9. The District hereby waives any objection to the Project as presently proposed.
10. The District and the Developer agt'ee that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently pۥaposed on t}}e District.
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YELT1 COthf~UNITY SCHOOLS AGR $35 .00 Thurston Cv , lea .
1 1. Tlris Agۥeement silo!! 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 brauglrt to cnforce the terms of this Agreelrrent, such action shall be;
bl'ought in Thurston County Superior Coul•t. The prevailing party shall be entitled to payment of its costs
and reasonable attorneys' fees.
13. T}lis Agreement constitutes the entire agreement between t}~e parties and any other
agreement either written nr oral shall be null and void.
EXI-IiBIT A
LEGAL DESCRIATION
(General Location: tS02S State H 5(17
Section 25 Township 17N Range }~
Land Area: 1 ]Acres
Tax Parcel Number: 2172513Q3b0
Description: 24 sing}e-familx lots
YELM COMMUNITY SCHOOLS DISTRICT NO. 2
DATED: ~ -'`I ~ ~' ~ G~~ ~---.
By: Alan $urke
its Superintendent
STATE OI~ WASHINGTON )
)SS
COI)NTY 0~' TI-IURSTON }
1 certify that I kr3ow or have satisfactory evidence that Alan I3urke is the pes•son who appeared
before rne, and said person acknowledged that ]re s'lgned this instrument, on oath stated that he was
autl~ori~ed io execute the instrument and acknowledged it as the Superintendent of tl~e Yeltn Con3munity
5cl~ools District No. 2 to be tl~c free and voluntary act of such party far the uses ar3d purposes mentioned
in the ir~5trument' ~~~~~~~
GIVEN under my hand and official sea[ this~d^~ay of , 2UOG
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~Qk~~•,.....,~ Q err /N ~ 13LIC in and for the State of
,~ ; •ypN ••'•.~''~~ `'-- ashington, residing at -e VY1
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YELL COIII~UNI7Y SCHOOLS RGR $35.00 Thurston Cv . Gla .
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STATIC OF WASHl~1VGTON }
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I certify that I know or have satisfactory evidence that ..Sr~r~.~v~. r.'~~Anrsr,~~,i~ the person who
appeared before cr~c, and said person acknowledged that he signed tl~is instrument, on oati3 stated that 15e
was a~rthori~ed to execute the instrument and acknowledged it as the applicant fo:• this subdivision to be
tl}e free and voluntary act of such party for the uses and puc•poses mentioned in the instrument.
GNEN under my hand and off'scial seal this ~ ay.uf _~'~:;~1~-~ _ , 2005.
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NOTARY PUTS LAC i~~ ~- ....--f `~I ~~. ----
Stalre of Washiz~«tan N ARY P~J L i3a-;gin f ~ the State of
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NAh~CY A. TRA9L My Commission Expires; ~ ~~
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