An agreement, signed June 26, 2015, between Rudeen Development and The Friends of Wandermere group that will govern the design of a controversial apartment complex near Wandermere Golf Course.
Original Title
Agreement between Rudeen Development and Wandermere neighbors
An agreement, signed June 26, 2015, between Rudeen Development and The Friends of Wandermere group that will govern the design of a controversial apartment complex near Wandermere Golf Course.
An agreement, signed June 26, 2015, between Rudeen Development and The Friends of Wandermere group that will govern the design of a controversial apartment complex near Wandermere Golf Course.
SETTLEMENT AGREEMENT
RECITALS
1, Blue Point Apartments, LLC owns two parcels of land on North
Wandermere Road in Spokane County, Washington. Blue Point Apartments
Proposes to develop its property with a complex of apartment buildings and
related facilities.
a Blue Point Apartments has obtained County approvals for
development of the first phase of its project on the northern parcel. It also is
seeking a Comprehensive Plan amendment and rezone (County File No. 14-CPA-
02) of the so-called Phase 2 parcel in the middle of its property.
3. Friends of Wandermere is a community organization representing
Property owners and residents in the vicinity of Blue Point Apartments’ proposal.
4. To resolve their differences, the parties to this agreement have
negotiated certain modifications of the Blue Point Apartments’ proposal as
reflected herein. In exchange, Friends of Wandermere will withdraw its
opposition to the project, as specified below.
PARTIES
The parties to this agreement are:
L Rudeen Development LLC and Blue Point Apartments LLC, their
Successors and assigns, hereinafter referred to as “Rudeen” and Friends of
Wandermere, a community organization, and the following individuals: Jennifer
Mudge and Wayne Rau, hereinafter referred to as “Neighbors.”
DEFINITIONS
“Phase 1” means the Blue Point Apartments approved by Spokane County
on June 8 and June 9, 2015 (the northern portion of parcel number 37325.9072).
“Phase 2” means the Blue Point Apartments project parcel for which a
Comprehensive Plan amendment and rezone was requested (Parcel No.
37323,9079), under 14-CPA-02.
“Phase 3” means the Blue Point Apartments project proposed for the
remainder of parcel number 37325.9072 (generally, south of Phase 2).
a
eoOPERATIVE PROVISIONS
1, Rudeen will revise the site plans for Phase 1 and Phase 2 as follows:
a. Building A and Building C will be shifted to align along Highway 395.
The parking lot just north of Building B, Building B and Building D will
be shifted to align along Wandermere as shown on Exhibit A hereto.
b. The two eastern most units on the third floor of Building & and
Building F will be eliminated.
c. A fence like that shown in Exhibit B hereto will be constructed along
the east property line of Phase 1 and Phase 2. Rudeen will provide
fence color swatches to Neighbors, which colors Rudeen has the right
to choose to ensure such colors are complementary to the project.
Neighbors may select the color from those provided by Rudeen if
they choose to do so.
d. At least 20 trees fifteen feet or higher will be planted along the east
property line of Phase 1 and Phase 2. These trees shall be in addition
to landscaping required by the county.
A copy of the revised site plan for Phase 1 is attached hereto as Exhibit A.
2. Rudeen will seek County approval of the revised plans for Phase 1 and will
include the Phase 2 revisions in any permit applications for Phase 2.
3. The Neighbors will support Rudeen’s comprehensive plan amendment and
rezone of the Phase 2 parcel subject to the Development Agreement filed
in 14-CPA-02, provided that the total unit count for the entire 17.6 acre
development (Phase 1, Phase 2 and Phase 3) shall be reduced to 310. The
parties’ obligations as to Phase 1 and the 310 maximum unit count remain
in effect regardless of the outcome of the comprehensive plan amendment
and rezone applications for Phase 2. Neighbors agree not to file an appeal
of 14-CPA-02, if approved by the Board of County Commissioners, or future
building permits or SEPA determinations, provided the same are consistent
with this agreement.
4. The Neighbors will withdraw their appeal of the Phase 1 approval and
related SEPA appeal, except that Neighbors may request the Hearing
Examiner and/or Engineering Department to improve safety of the crossing
of Wandermere Road by requiring installation of pedestrian activated
FE C-26-108safety lights, markings of the crosswalks and lanes, and signage for the turn
pocket. The Neighbors obligations set forth herein remain in effect
regardless of the Examiner's response to these requests.
5. Rudeen will assure that construction never starts before 7 a.m. After one
violation, Rudeen shall make a contribution to the Mead food bank of $300
for any day on which construction starts before 7 a.m.
6. Rudeen shall abide by the terms of the development agreement it enters
into with Spokane County. The terms of this agreement are in addition to,
not in lieu of, Rudeen’s obligations under its development agreement with
Spokane County.
7. In the event of any dispute regarding compliance with this agreement, the
parties agree to first meet and confer in an effort to resolve their
differences. If a party fails to meet and confer within four business days
after a request from the other party, this condition shall be considered
waived. If the parties fail to resolve their differences through the meet and
confer requirement, the parties agree to use the services of a professional
mediator before bringing any action in court to enforce the terms of this
agreement. Mediation expenses shall be split evenly between Rudeen
and the Neighbors, If a lawsuit is filed, the parties recognize that damages
are not a fully compensatory remedy and that the court should enter
injunctive relief to assure compliance with the terms of this agreement.
8. The parties signing this agreement represent that they have authority to
sign on their own behalf and on behalf of the organizations they represent.
9. The provisions of this agreement pertaining to development of Rudeen’s
property shall constitute covenants running with the land and shall inure to
the benefit of the Neighbors. This agreement and any agreement
amending it or terminating it shall be recorded with the Spokane County
Auditor.
10. Failure by any party to enforce this Agreement or any provision of it shall
not be construed as a waiver by that party of its right to do so.
11 This agreement may only be amended in writing.
12. Notices under this agreement to Rudeen shall be provided to Kirk Kappen,
Rudeen Development LLC, 695 North Legacy Ridge Drive, Suite 301, Liberty
lake, WA 99019 and to Neighbors c/o Jennifer Mudge, 14624 North
Edencrest Drive, Spokane, WA 99208 and Wayne Rau, 15323 North Franklin
3 EE
6-Zb fosCourt, Spokane, WA 99208. Either party may change ‘ts representative
and/or address by giving notice in writing.
Rudeen Development, LLC Bive Point Apartments, LLC
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