20070235 School Mitigation Agreement 12032013 (2)After recording return to:
Yelm Community Schools District No. 2
P. O. Box 476
Yelm, WA 98597
Attn: Erling M. Birkland
MITIGATION AGREEMENT
Reference No: Project Number SS -0175
Grantor: Mountain Terrace Builders LLC
14730 SR 507
Yelm, WA 98597
Grantee: 1. Yelm Community Schools Dist. 2
Legal Description: Sec 24, T17N, R1E QTR NW SE; Willemette Meridian
Assessor's Property Tax Parcel Number /Account Number: 21724420503
THIS MITIGATION AGREEMENT ("Agreement ") is made this of , 2013,
between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District ")
and Mike Kempinski (the "Developer ")
RECITALS,
A. The Developer has submitted an application to City of Yelm for the construction of a 8
lot subdivision, "Fairway Estates" 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 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 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 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.
4370980 Pages: 4
12/03/2013 04:00 PM Agreement
Thurston County Washington
YELM COMMUNITY SCHOOLS
■III h'i rV 414 11111
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 Developer 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 direct impact of the
Project, the Developer has offered to pay the District the following sum of money: Three Thousand
Fifteen Dollars and 00 /100 ($3,015.00) for each lot in the subdivision or the total sum of Twenty Four
Thousand One Hundred and Twenty Dollars and 00 /100 ($24,120.00) (the "Mitigation Payment ") for the
8 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to
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 the payment of the full Mitigation Payment (in the amount of
Three Thousand Fifteen Dollars and 00 /100 ($3,015.00) per dwelling unit or Twenty Four Thousand One
Hundred and Twenty Dollars and 00 /100 ($24,120.00) 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, the amount due for mitigation, 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 after 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 Elementary School, Prairie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Elementary
School, Ridgeline Middle 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 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 at the rate applied to judgments to the property owners of record at the time of refund;
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 or reimbursement of funds,
performance or improvements provided for therein, 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 that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
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 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: 15050 Longmire Street SE
Section 24 Township 17N Range 1E
Land Area: 1.86 Acres
Tax Parcel Number: 21724420503
YELM COMMUNITY SCHOOLS DISTRICT NO. 2
DATED: Tr / "
I certify that I know or have satisfactory evidence that Andy Wolf 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 free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
GIVEN under my hand and official seal this " t day of ? "w ", e . , 201' 3..
FLORRAINE R. STENSAGER N T Y PUBLIC in a el '�a` the State of
RY PUBLIC F WASHINGTON Washington, residing at ISSION EXPIRES My Commission Expires:
E 19, 2016
DATED: l Tx
By: Mike Kempinski
Its: Developer
STATE OF WASHINGTON )
COUNTY OF h
N ..
I certify that I know or have satisfactory evidence that Mike Kempinski 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 applicant for this subdivision to be
the free and voluntary act of such party for the uses and urposes mentioned in the instrument.
GIVEN under my hand and official seal this day of 2013.
N (JTAIL'' PUBLIC in and for the State of
Washington, residing at "?-1)
My Commission Expires: Z-15 ...... "/