11126 PAINE FIELD WAY 2016-01-01 MF Import

� . . • � f MITIGATION AGREEMENT T}�IS MITIG TION AGR�EMENT("Agreement") is made this 1J'tlay of ,Q,�(��;��OO�;between iv1UK(LTGO SCI-IOOL DISTRICT N0. 6, Everett, �Vnshing�on (the "DistricC') and 1yALT KJOEZSViK (the "De��eloper"). RECITALS A. The Developer has submitted an npplication to the Ciry of Everett for the development of a 21-unit single-family residential development, SEPA No. 05-056, commonly kno�vn as Paine Pield Way Cott�ge Homes (the °ProjecP'), on property that lies within District boundarics, more particularly describcd on Lxhibit A, attached hcreto and incorporated hercin byreference. B. The State Gnvironmental Policy Act, Chapter 43.21C RCW ("SEPA"), I provides processes and procedures whereby major actions by state and local agencies, �I including, but not limited to, plat or PUD approval or the issu:uice of building pennits, mny be revie�ved 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 SGPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's sludent population and growth projections indicate that the I District will not have the capaciry ro serve all of the expected additional students Crom the Project, when cunwlntive impacts of other projects are considered. D. RCW 82.02.020 authorizes thc District to enter into a voluntvy agrcement �vidi tlie Developer for payment to mitigate the impacts of the Project. G. [t is the policy of the District to recommend that direct impacts of dcvelopment be voluntarily mitigated Uy the payment of fecs and otl::r mitigation measures �vhere appropriate. P. The Dcveloper has agreed to mitigate in part, on a voluntnq� basis, the adverse impacts caused by the Project on the District. AGRGGA�1F.Nl' NOW, 7'i1GRGPORG, in considcration uF thc abo�c recitals and thc mutual promises and covenants belo�v, thc District and the De��cloper agrce as follows: I. The De��eloper ackno�vledges and agrees that there is a direct impact as a I result of Ute Projcct mid that this Agreemcnt is necess.lry as a residt of that impact. �