RETURN ADDRESS: Everett School District #2 Attn: Facilities and Planning Department 3900 Broadway Everett, WA. 98201 MITIGATION AGREEMENT THIS AGREEMENT is made and entered into this, day of, 2015, and between EVERETT SCHOOL DISTRICT NO. 2 ("District") and Crestview Village 24, LLC (Owner), and their successors or assigns, RECITALS A. _ Crestview Village 24, LLC has applied for a building permit for construction of 25 ‘Single Family lots known as Crestview Village (the "Project"), City of Mill Creek File No. PP 14-66, located at 2226 132™ Street SE, Mill Creek, WA, and more particularly described as follows: Legal Description PARCEL A; Tax ID No. 280532-002-009-00 ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 28 NORTH, RANGE 5 EAST W.M. LYING NORTHERLY OF BLOCK 2, HEATHERWOOD GARDEN TRACTS NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 23, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 32 WHICH IS 30 FEET SOUTH OF ‘THE NORTHWEST CORNER THEREOF; ‘THENCE SOUTH 89'30'30" EAST ALONG THE SOUTH MARGIN OF COUNTY ROAD FOR 1303.81 FEET TO THE TRUE POINT OF BEGINNING; ‘THENCE CONTINUE SOUTH 8930'30" EAST FOR 111.67 FEET; ‘THENCE SOUTH 00449'50” EAST FOR 650 FEET TO THE NORTH LINE OF SAID BLOCK 2, HEATHERWOOD GARDEN TRACTS NO, 3; ‘THENCE NORTH 89'30'30" WEST ALONG SAID NORTH LINE OF BLOCK 2 FOR 111.67 FEET; ‘THENCE NORTH 00'49'50" WEST 650 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 15 FEET AS CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 8402290223, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON PARCEL B; Tax ID No. 280532-002-014-00 ‘A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 28 NORTH, RANGE S EAST WM. LYING NORTHERLY OF BLOCK 2, HEA THERWOOD GARDEN TRACTS NO, 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 23, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION, 30.00 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; ‘THENCE SOUTH 893030" EAST ALONG THE SOUTH MARGIN OF THE COUNTY ROAD FOR 1192.14 FEET TO THE TRUE POINT OF BEGINNING; ‘THENCE CONTINUE SOUTH 89'3030" EAST 111.67 FEET; ‘THENCE SOUTH 0'49'50" EAST FOR 650.00 FEET TO THE NORTH LINE OF SAID BLOCK 2, HEATHERWOOD GARDEN TRACTS NO. 3; Sea‘THENCE NORTH 893030" WEST ALONG SAID NORTH LINE OF BLOCK 2 FOR 111,67 FEET; ‘THENCE NORTH 0°49'50" WEST FOR 650 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT PORTION CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 8312050061. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. B, The State Environmental Policy Act ("SEPA") provides processes and procedures ‘whereby major actions by state and local agencies, including, but not limited to, the issuance of plat approval, 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 purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The Project will be located in an area where the District will serve school children residing therein, D. The District has identified the impacts on the District that will be a direct result of the construction of the Project. E, The District will have to provide space in portable classrooms and other schoo! facilities in order to house and otherwise accommodate .559 unhoused students per single family unit living in the Project. F. Owner and the District have reviewed the mitigation measures reasonably necessary to mitigate the impacts directly resulting from the Project and have concluded that the provisions set forth below in this Agreement constitute complete and appropriate provisions for full mitigation by Owner of the identified impacts from the Project on the District. G. Neither the impacts identified nor the mitigation measures offered herein affect, reduce or enlarge any other obligation Crestview Village 24, LLC or the Project has to comply with required land use approvals.AGREEMENT NOW, THEREFORE, for the mutual benefits and obligations contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Owner and the District agree as follows: Mitigation Payment ‘Owner agrees to fully mitigate the impacts caused by the proposed development of the Project by the payment of $53,751.00 (Fifty Three Thousand Seven Hundred Fifty One Dollars and no/100) to the District. The payment of $53,751.00 is based upon the approximate number of unhoused students expected to be enrolled from 25 Single Family Units (includes credit for 2 existing houses). Any adjustment in the number of units shall result in a corresponding pro rata adjustment or refund in the mitigation payment. Said payment shall constitute a full and complete mitigation for the direct impacts to the District of the Project. 2. Time Payment Due Owner shall pay the sum identified herein prior to and as a condition of, issuance of a building permit for the Project by the City of Mill Creek. This agreement shall be binding on the successors, heits, and assigns of the parties hereto, and the payment obligations hereunder shall constitute a lien upon the property, Owner may assign its rights and delegate its duties under this, Agreement to any entity formed for the purposes of developing the Project; provided Owner shall remain jointly liable for performance of its duties hereunder unless and until such entity obtains title to the property. 3. Covenant Not to Sue Owner hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, challenge or proceeding to challenge this Agreement or any of its terms and conditions, or claim any repayment or reimbursement of funds, performance or improvements provided for herein, on any ground or basis whatsoever. DATED: Owner Di Crestview Village 24, LLC EVERETT SCHOOL DISTRICT 15 Lake Bellevue Dr, STE 102 PO Box 2098 Bellevue, WA 98005 By: Jeffrey £. Haut , CEO Signature: Everett, WA 98213 Signature:STATE OF WASHINGTON) ) ss. county oF _< — ) onthis__ 20” day of kepten ber 2015 _ fmonstvyear], before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared EU, , to me known to be the individual who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and Voluntary act and deed, for the uses and purposes and in the capacity therein mentioned and on an oath stated that he was authorized to execute said instrument. GIVEN UNDER my hand and official seal the day and year in this certificate above written, 2 Notary Pubic AM Burl ‘State of Washington RY PYBLIC in and for: the State of more May Washington, residing at_k27on, WA My Appointment Expires Aug 16, 2019 ——— My Appointment Expires:__G //( /)9STATE OF WASHINGTON) ) ss. COUNTY OF ) On thi day of. [month/year], before me, the undersigned, a ‘Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as, : respectively of EVERETT SCHOOL DISTRICT NO. 2, the school district that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said school district for the uses and purposes therein mentioned, and on an oath stated that they were duly elected, qualified and acting as said officers of the school district and that they were authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written, NOTARY PUBLIC in and for the State of Washington, residing at ‘My Appointment Expires: