02/15/2022 - Work Study - PacketJ ,
IYW City of Port Orchard Council Work Study Session
February 15, 2022
--�•...� 6:30 p.m.
The City is conducting its public meetings remotely to prevent the spread of
Mayor: COVID. The City is providing options for the public to attend through telephone,
Rob Putaansuu
internet or other means of remote access, and also provides the ability for
Administrative Official
persons attending the meeting (not in -person) to hear each other at the some
Councilmembers:
time. Therefore;
MarkTrenary
E/D & Tourism Committee
Utilities/Sewer Advisory Committee
Remote access only
Transportation Committee
KRCC-alt
Webinar Link: https://us02web.zoom.us/m/89343418695
Shawn Cucciardi
Webinar ID: 893 4341 8695
Finance committee
Zoom Call -In: 1 253 215 8782
E/D & Tourism Committee
Lodging Tax, Chair
Guiding Principles
Fred Chang
. Are we raising the bar?
Economic Development& Tourism Committee
Land Use Committee
g � In past?
g p . Are we honoring the pastbut not livin the
Transportation Committee
. Are we building connections with outside partners?
Jay Rosa pepe
• Is the decision -making process positively impacting diversity, equity, and
Finance Committee,
inclusion?
Land Use Committee
KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol-alt,
KRCC Planpol-alt,
CALL TO ORDER
John Clauson
Finance Committee, Chair
Pledge of Allegiance
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli (Mayor Pro-Tempore)
DISCUSSION ITEMS:
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee,
1. Proposed 2022 Comprehensive Plan Amendment Docket (Bond) Page
Kitsap Economic Development Alliance
Scott Diener
2
Land Use Committee
Estimated Time: 20 minutes
Transportation Committee
Department Directors:
2. KRCC CPP Population Growth Targets (Bond) Page 11
Nicholas Bond, AICP
Development Director
Estimated Time: 25 minutes
Mark Dorsey, P.E.
Director of Public Works/City Engineer
3. McCormick Water CFC Credit Agreement (Bond) Page 17
Tim Drury
Estimated Time: 20 minutes
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
4. 2021-2022 Budget Amendment (Crocker) Page 95
Matt Brown
Estimated Time: 15 minutes
Police Chief
Brandy Wallace, MMC, CPRO
(Lund)
S. Hiring Incentives Discussion Lund Page 104
City Clerk
CityCl
Meeting Location:
Estimated Time: 30 minutes
Council Chambers, V Floor
216 Prospect Street
6. Retreat Topics (Mayor)
Port Orchard, WA 98366
Estimated Time: 15 minutes
Contact us:
(360) 876-4407
Good of the Order
cityhal I@cityofportorchard.us
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
Meeting materials are available on the City's website: www.citvofportorchard.us or by contacting the City Clerk's Office, 360.876.4407
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
Back to Agenda
Issue Title
Meeting Date
Time Required
Attendees
City of Port Orchard
Work Study Session Executive Summary
Proposed 2022 Comprehensive Plan Amendment Docket
February 15, 2022
20 minutes
Nicholas Bond
Action Requested at this Meeting: Tentative concurrence on proposed Comprehensive Plan
Amendment docket.
Issue: Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.050, the City's Community
Development Director has initiated the process for the 2022 annual amendments to the Port Orchard
Comprehensive Plan. The City received and prepared applications for three amendments prior to the
January 31, 2022 deadline.
In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public
review a recommended final comprehensive plan amendment agenda (docket). The Director has based
the docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of
the suggested comprehensive plan amendments, as well as the staff and budget availability to
accommodate the public review process.
The following preliminary docket is provided for the 2022 update to the Port Orchard Comprehensive
Plan:
• Capital Facilities Element. Adopt the 2020 Amendment to the Water System Plan.
• Parks Element. Update the Parks Element and adopt the Parks, Recreation and Open Space Plan
by reference.
• Transportation Improvement Program (TIP). Updates to the 6-year and 20-year TIP which
generally includes prioritizing projects, adjusting budgets and the inclusion of a TIB-funded
complete street grant project into the 6-year TIP.
Alternatives: Advise staff to include additional or remove proposed Comprehensive Plan amendments.
Recommendations: Staff recommends that the City Council proceed with the proposed 2022
Comprehensive Plan amendment docket as described. Pursuant to POMC 20.04.060, the Director shall
compile and maintain the recommended docket for public review by February 28, 2022.
Attachments: The 2022 Comprehensive Plan Docket
Page 2 of 110
Back to Agenda
2022 Comprehensive Plan Update — Preliminary Docket
Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.050, the City's Community
Development Director has initiated the process for the 2022 annual amendments to the Port Orchard
Comprehensive Plan. The City prepared applications for three text amendments prior to the January 31,
2022 deadline.
In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public
review a recommended final comprehensive plan amendment agenda (docket). The Director has based
the docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of
the suggested comprehensive plan amendments, as well as the staff and budget availability to
accommodate the public review process.
The following preliminary docket is provided for the 2022 update to the Port Orchard Comprehensive
Plan:
Comprehensive Plan Amendments for Consideration in 2022:
City -Initiated Text Amendment Package
• Capital Facilities Element. Adopt the 2020 Amendment to the Water System Plan.
• Parks Element. Update the Parks Element and adopt the Parks, Recreation and Open Space Plan
by reference.
• Transportation Improvement Program (TIP). Updates to the 6-year and 20-year TIP which
generally includes prioritizing projects, adjusting budgets and the inclusion of a TIB-funded
complete street grant project into the 6-year TIP
Review Process:
The final comprehensive plan amendment agenda shall be determined by the City Council no later than
April 30, 2022. When the final agenda is approved, a public notice and comment period will be provided
in compliance with the Type V (legislative) permit process requirements in POMC 20.22.070 and
20.25.040. A public hearing will also be held per POMC 20.22.070(2), and a notice of the hearing will be
issued in compliance with POMC 20.25.050. The Planning Commission shall make its recommendations
regarding the proposed comprehensive plan amendments to the City Council no later than June 30,
2022. The City Council shall make a final decision on each proposed amendment by December 15, 2022.
A summary of each amendment application, including maps for the site -specific amendments, are
available for review on the City's website at: TO BE DETERMINED*****
Comments regarding the 2022 update to the City's Comprehensive Plan should be mailed to the City of
Port Orchard, Community Development Department, 720 Prospect Street, Port Orchard, WA 98366,
planning@citvofportorchard.us. For more information, email or call 360 874-5533.
Page 3 of 110
DRAFT City of Port Orchard Six -Year Transportation Improvement Program
For 2022-2027 TIER 1 (Reasonably Constrained)
L&WLAgenda
Priority
Road Name
Total
Federal
State
Numb
Begin Termini
Project
Total Est.
Spent Prior to
Future
Phase
Funding
Fund
Fund
er
Project Title/Project Description
End Termini
Length
Cost
2021
2021
Expenditures
2022
2023
2024
2025
2026
2027
Start Year
Status
Phase
Code
Federal Funds Code State Funds
Local Funds
Capital Projects
1.1
Bay Street Ped. Pathway ROW Phase
PO Shoreline: Sidney
Add 14-ft Multi -Modal (bikes & pedestrians)
Ave. Foot Ferry to
1.2
2,220,000
1,140,000
540,000
540,000
540,000
0
0
0
0
0
2013
S
ROW
STP(U)
1,923,590 0
300,212
waterfront pathway & cantilevered retaining wall
Annapolis Foot Ferry
500,000
250,000
250,000
250,000
0
0
0
0
0
2018
P
ROW
0
581,000
following historic Mosquito Fleet trail and pedestrian
bridge across Black Jack Creek.
1.2
Bay Street Pedestrian Pathway Construction (S#1, S#6-11)
The CN phase for the 14-ft Multi -Modal (bike & ped)
1.2
650,000
650,000
0
0
0
0
0
0
2018
S
CN
waterfront pathway/cantilevered retailing wall
0
0
3,000,000
0
0
3,000,000
0
1,500,000
1500000
0
0
0
2021
S
CN
following the historic Mosquito Fleet trail. Includes
the demolition/removal of (5) overwater structures.
1.3
Inrliirlac Saa #3 Ad Raadv nnr. Pran.
Bay Street Pedestrian Pathway West
Port Orchard Blvd
Situational study
and Bay St: Ft Ferry
1.5
566,474
566,474
566,474
2022
490,000 0
76,474
to Tremont
0
0
0
0
0
0
0
P
PL
1.4 Old Clifton/ Anderson Hill Intersection Improvements
Intersection Improvements (roundabout) as identified
in the McCormick Urban Village Trans Plan and
partially funded by Bayside Mit Funds.
Old Clifton Rd /
Anderson Hill Rd. 0
Intersection
258,000
1,680,000
200,000
0
0
0
58,000
1,680,000
58,000 0 0 0
840,000 840,000 0 0
0 2016
0 2021
S
P
PE
CN
0
TIB 1,213,000
258,000
525,000
1.5 Old Clifton Rd Design - 60%
Old Clifton Road:
Rodway Improvements identified in the McCormick
Campus PKWY to 0.75
450,000
0
225,000
225,000
225,000 0 0 0 0
0 2021
P
PE
0
450,000
Urban Village Trans Plan. Design to 60% level.
Anderson Hill Rd.
2,000,000
2000000
2025
P
CN
STP(U), TIB/CS
Includes RAB design at McC Woods Dr. intersection.
RCO
1.7 Bethel/Sedgwick Phase Sa - Bethel/Lincoln RAB
Bethel/Lincoln/Lunb
erg/ Mitchell
Safety and capacity improvements to intersection and
0
4,000,000
0
800,000
2021
S
PE
800,000
reconfiguration of approaches.
0
3,200,000
3200000 0
2022
S/P
CN
HSP 1,500,000 TIB UAP 1,100,000
700,000
1.8
Bethel/ Sedgwick Cooridor Phase 1a - Blueberry RAB
Bethel Road:
blueberry
Phase 1a. Bethel/ Blueberry RAB 60% DN in 2022
0
2,746,000
0
0
570,000
250,000
170,000
150,000
2022
S
PE
0
344,374
74,626
Intersection
268,000
268,000
2023
S
ROW
220,238
47,732
1,908,000
1908000
2025
P
CN
TIB/
1,568,178
307,051
UAP/CS
1.9
Bete
Sedgwick Corridor Phase 1 - Salmonberry RAB
Bethel Road:
Salmonberry
intersection
Phaselb. Bethel/ Salmonberry RAB Round and
roadway segment design from Blueberry to
Salmonberry. 30% DN in 2022.
0
5,056,750
0
0
800,000
100,000
500,000
200,000
2025
P
PE
0
328,058
57,893
1,328,450
1,328,450
2024
P
ROW
1,129,183
199,238
2,928,300
2,928,300
2026
P
CN
TIB/UAP/
2,489,055
439,245
CS
1.10 Vallair Ct Connector Bethel Road /
Road extension and intersection improvements Walmart Drive 0.25 1,000,000 0 0 1,000,000 0 0 0 1000000 0 0 2024 P PE & ROW 0 0 1,000,000
previously included in the Bethel Road Corridor ROW Intersection 1,000,000 0 0 1,000,000 0 0 0 0 1000000 0 2025 P CN 0 TIB 0 1,000,000
& Construction project.
1.11 Sidney Road SW Design - 60% Sedgwick Rd. to
Sidney Avenue is currently two lanes wide, it needs to Berry Lake Rd.
be widened to three lanes (additional TWTL) including
bike lanes, sidewalks, traffic calming, and stormwater
system improvements. (COMPLETE STREET).
1.12
Sedgwick
Road West Study - 30% Design
SR16 to Sidney Rd.
Establish alignments and cross sections. Develop
mitigation alternatives and identify right-of-way needs
300,000
0
0
300,000
0
300,000
2023
P
Study
for roadway and identify potential sites to
accommodate stormwater run off and mitigation for
filling wetlands. Include stormwater element for
2/11/2022 P�9�,41off11l0 U:\Comp Plan\2022 Comprehensive Plan Amendments\Submittal\2022-2041 TIP.1072021
DRAFT City of Port Orchard Six -Year Transportation Improvement Program
For 2022-2027 TIER 1 (Reasonably Constrained) Back to Agenda
Road Name
Priority Total Federal State
Numb Begin Termini Project Total Est. Spent Prior to Future Phase Funding Fund Fund
P-A Termini
er project i itie/project uescnption Lengtn t,ost LULL ZuZI Lxpenanures zuzz 2u23 2u24 zuz5 ZUZb ZUZ/ start rear matus phase t.oae reaerai tunas t.oae mate Tunas Locai Tunas
Sidney Rd. S. to
1.13 Lippert Sidewalk Retrofit and Pavement Repair Pottery
ADA ramp and driveway retrofits, sidewalk reparis, 0.95 35,000 0 35,000 0 2021 P PE
pavement repairs, stormwater retrofit. In house des 778,000 778,000 778,000 2022 P CN CDBP 100,000 678,000
with consulted survey & basemap
Sunset Ln. to Clay Ln.
1.14 Pottery Avenue Sidewalk Improvements
Address gap in sidewalk. Design in house. Survey 0.95 35,000 0 0 35,000 35,000 2022 P PE
and basemap by others. 778,000 155,000 0 155,000 2024 P CN 250,000
SR16 to Lippert Dr.
1.15 Pottery Avenue Non Motorized Improvements
Road diet and non -motorized Improvements. Safety 0.95 35,000 0 35,000 0 35,000 2024 P PE
enhancement at Pottery Lippert Intersection. Safe 750,000 750,000 0 750,000 2025 P CN SRTS 648,750 101,250
Routes to Schools Grant application.
1.16 Bay Street Reconstruction SR160 from Geiger
Raise street to address sea level rise and improve to to Frederick
current standard in accomdance with redevelopment
plans
Total Capital Projects
0 0 950,000
23927224 1,990,000 1815000 22,122,224 4565000 4,202,474 3668450 5058000 4128300 500000
2022 S PE
2024 CN PSRC
3,913,590 8,392,086 7,316,471
Maintenance Projects Total 2,021 Future Exp 2022 2023 2024 2025 2026 2027
1.51 Annual Pavement Maintenance
Includes patching, crack -sealing, striping, and other 509,500 0 53,000 456,500 56,500 100,000 100,000 100,000 100,000 0 2020 S CN 456,500
activities
1.52 * Annual Sidewalk & ADA Upgrade Program
Repair and replace concrete sidewalks and curb ramps 796,000 0 38,000 758,000 38,000 180,000 180,000 180,000 180,000 0 2020 S CN 758,000
as identified in the program
1.53 ** Annual Pavement Management System Paving Projects
Pavement replacement projects as identified in the
pavement management system program
2,335,000 0 300,000 2,035,000 535,000 0 500,000 500,000 500,000 0 2020 S CN
1.55 Tremont Overlay
Pavement resurfacing to complete the surfacing of Tremont St: Port 0.5 500,000 0
Tremont from SR-16 to the eastern city limits Orchard Blvd to Lund
bridge
0 500,000 0 500,000 0 0 0 0 2021 P PE,CN
2,035,000
500,000
Total Maintenance Projects 4,140,500 0 391,000 3,749,500 629,500 780,000 780,000 780,000 780,000 0 0 0 3,749,500
* Per 2016 ADA transition plan: $180,000 annually over 20 years to comply on arterial streets.
** Per 2016 Pavement Management Analysis Report: $1.45 million annually to maintain network condition (PCI of 70), $500k to keep network PCI above 65 after 5 years.
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City of Port Orchard Transportation Improvement Program (TIP)
Back to Agenda
For 2026-2039
TIER 2 (Unconstrained)
Road Name
Total
Phase
Priority
Begin Termini
Project
Start
Funding
Federal
State Fund
Number
Project Title/Project Description
End Termini
Length
Total Est. Cost
2028-2033
2034-2041
Year
Status
Phase
Fund Code
Federal Funds
Code State Funds
Local Funds
Capital Projects
2.01
Sidney Avenue (North of SR 16)
Tremont Street to
1
3,750,000
3,750,000
0
2028
P
PE/RW
STP(U)
0
0
3,750,000
The design, permitting, right-of-way acquisition
Fireweed
6,750,000
6,750,000
0
2030
P
CN
STP(U)
0
0
6,750,000
and construction for this project with bike lanes,
storm drainage and sidewalks. (COMPLETE
STREET)
2.02A
Sedgwick Road West - Design, Permitting & ROW
SR 16 Interchange to
0.4
462,428
462,428
0
2028
P
PE
STP(U)
400,000
0
62,428
The design, permitting and right-of-way
Sidney Avenue
693,642
693,642
0
2029
P
RW
STP(U)
600,000
0
93,642
acquisition phase for this widening project with 3
lanes (continuous TWTL), bike lanes, sidewalks
and box culvert across Blackjack Creek.)
2.0213
Sedgwick Road West - Construction
SR 16 Interchange to
0.4
3,468,208
3,468,208
0
2030
P
CN
STP(U)
3,000,000
0
468,208
The construction phase for this widening project
Sidney Avenue
with 3 lanes (continuous TWTL), bike lanes,
sidewalks and box culvert across Blackjack Creek.)
Bethel/Sedgwick Corridor Phase 1 - ROW
Bethel Road:
2.04A.1
and Construction
Salmonberry to
ROW acquisition and construction of the first
Blueberry.
0.75
2,056,000
2,056,000
0
2028
P
RW
0
0
2,056,000
phase of the street improvements per the
9,124,000
9,124,000
0
2030
P
CN
9,124,000
0
0
Bethel/Sedgwick Corridor Plan (2018). Includes
improvements to Ramsey Road for detour per
2.04A.2 below.
2.04A.2
Ramsey Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike lanes,
Salmonberry Road
0.5
2,500,000
0
2,500,000
2028
P
ALL
0
0
0
sidewalks and stormwater system improvements.
Bethel/Sedgwick Corridor Phase 2 - Design,
Sedgwick Road: SR-16
2.046
ROW and Construction
interchange to Bethel
1,110,000
1,110,000
0
2030
P
PE
0
0
1,110,000
Design, ROW acquisition and construction of the
0.7
2,802,000
2,802,000
0
2031
P
RW
0
0
2,802,000
second phase of the street improvements per the
12,757,000
12,757,000
0
2032
P
CN
12,725,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
Bethel/Sedgwick Corridor Phase 3 - Design,
Bethel Road: Blueberry
2.04C
ROW and Construction
to Sedgwick
422,000
422,000
0
2032
P
PE
0
0
422,000
Design, ROW acquisition and construction of the
0.25
541,000
541,000
0
2033
P
RW
0
0
541,000
third phase of the street improvements per the
4,859,000
4,859,000
0
2034
P
CN
4,859,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
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City of Port Orchard Transportation Improvement Program (TIP)
Back to Agenda
For 2026-2039 TIER 2 (Unconstrained)
Road Name
Total
Phase
Priority
Begin Termini
Project
Start Funding
Federal
State Fund
Number Project Title/Project Description
End Termini
Length
Total Est. Cost 2028-2033 2034-2041
Year Status
Phase Fund Code Federal Funds
Code State Funds
Local Funds
Bethel/Sedgwick Corridor Phase 4 - Design, Bethel Road:
Lund to
2.04D ROW and Construction
Salmonberry
616,000 0 616,000
2034 P
PE 0
0
616,000
Design, ROW acquisition and construction of the
0.5
1,041,000 0 1,041,000
2035 P
RW 0
0
1,041,000
fourth phase of the street improvements per the
7,087,000 0 7,087,000
2036 P
CN 7,087,000
0
0
Bethel/Sedgwick Corridor Plan (2018).
Bethel/Sedgwick Corridor Phase 5 - Design, Bethel Road: Mile Hill
2.04E ROW and Construction Drive to Lund 720,000 0 720,000 2036 P PE 0 0 720,000
Design, ROW acquisition and construction of the 1.1 1,532,000 0 1,532,000 2037 P RW 0 0 1,532,000
fifth phase of the street improvements per the 8,283,000 0 8,283,000 2038 P CN 8,283,000 0 0
Bethel/Sedgwick Corridor Plan (2018).
2.05
Sidney Road SW Widening
Sidney Road SW:
Sidney Avenue is currently two lanes wide, it
SR 16 Overpass to
0.95
500,000
500,000
0
2028
P
PE
0
0
500,000
needs to be widened to three lanes (additional
Sedgwick Road
5,761,850
5,761,850
0
2029
P
CN
STP(U) 3,600,000
TIB 1,600,000
561,850
TWTL) including bike lanes, sidewalks, traffic
calming, and stormwater system improvements.
(COMPLETE STREET).
2.06
Pottery Avenue Widening
Pottery Avenue:
Widen road to two travel lanes with bike lanes,
Tremont Place to
0.22
1,600,000
1,600,000
0
2029
P
ALL
0
0
1,600,000
sidewalks and stormwater system improvements.
Melcher Street
2.07
Old Clifton Rd Shoulder & Pedestrian Improvements
Old Clifton Road:
Design and construction of shoulder widening,
Anderson Hill to
1.35
2,700,000
2,700,000
0
2028
P
CN
0
0
2,000,000
street lighting, watermain extension and grade-
Westerly City Limits
seperated Pedestrian Path as identified in the
McCormick Urban Village Trans Plan.
2.08
O. Clifton Rd & McC. Woods Dr. Intersection
Old Clifton Rd/
Design and construction of intersecion
McCormick Woods Dr.
0
250,000
0
250,000
2032
P
PE
0
0
250,000
(roundabout) improvements including street
Intersection
750,000
0
750,000
2033
P
CN
0
0
750,000
lighting, as identified in the McCormick Urban
Village Trans Plan.
2.09
Melcher Street Widening
Melcher Street West is currently a narrow two-
Melcher Street:
0.4
600,000
0
600,000
2032
P
ALL
0
0
750,000
lane road. The reconstruction would widen the
Pottery Avenue to
road to allow two safe travel lanes, bike lanes,
Sherman Avenue
sidewalks and a stormwater system.
2.10
Fireweed Road Widening
2/11/2022
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U:\Comp Plan\2022 Comprehensive
Plan Amend ments\Submittal\2022-2041
TIP.10_7_2021
City of Port Orchard Transportation Improvement Program (TIP)
Back to Agenda
For 2026-2039 TIER 2 (Unconstrained)
Road Name
Total
Phase
Priority
Begin Termini
Project
Start Funding
Federal State Fund
Number Project Title/Project Description
End Termini
Length
Total Est. Cost 2028-2033 2034-2041
Year Status
Phase Fund Code Federal Funds Code State Funds Local Funds
Fireweed is currently a narrow two lane road. The
Fireweed Road:
0.25
375,000 0 375,000
2035 P
ALL 0 0 750,000
reconstruction would widen the road to allow for
Sidney Avenue to
safe travel lanes, bike lanes, sidewalks and a
South Flower Avenue
stormwater system.
2.11 Sherman Avenue Widening
Sherman Avenue:
Sherman Avenue is currently a narrow two-lane
Fireweed Road to
0.35
525,000 0 525,000
2032 P
ALL 0 0 750,000
road. The reconstruction would widen the road to
Terminus at SR 16
allow two safe travel lanes, bike lanes, sidewalks
and a stormwater system.
2.12
Tremont St Widening - Port Orchard Blvd (Ph. 2)
Port Orchard Blvd.
Construct roundabouts at Tremont Street/PO
Tremont Street to
1.1
809,250
0
809,250
2033
P
PE
STP(U)
700,000
0
109,250
Blvd. and Bay Street (SR166)/PO Blvd. and curb,
Ba Street SR166
Y ( )
gutter, bike lanes, sidewalks, street lighting, storm
520,231
0
520,231
2035
P
RW
STP(U)
450,000
0
70,231
drainage and Schedule 74 Undergrounding.
7,225,434
0
7,225,434
2037
P
CN
STP(U)
6,250,000
0
975,434
2.13
Pottery Avenue Widening Tremont to SR16
Pottery Avenue
Pottery is currently a two-lane road, it needs to be
Tremont Street
0.95
500,000
500,000
0
2030
P
PE
STP(U)
432,500
67,500
widened to a four -lane road, with sidewalks,
SR 16 Overpass
traffic calming and upgrades to the stormwater
750,000
750,000
0
2031
P
RW
STP(U)
648,750
101,250
system.
2,950,000
2,950,000
0
2033
P
CN
STP(U)
2,292,250
0
657,750
2.14
Old Clifton Berry Lake Road Intersection
0
0
0
0
0
0
0
Intersection Improvement by Kitsap County
2.15
Blueberry Road Widening
Geiger Road to Bethel
Widen road to two travel lanes with bike lanes,
Road
0.4
600,000
0
600,000
2036
P
ALL
0
0
0
sidewalks and stormwater system improvements.
2.16
Geiger Road Widening
Sedgwick Road to
Widen road to two travel lanes with bike lanes,
Blueberry Road
0.25
375,000
0
375,000
2034
P
ALL
0
0
0
sidewalks and stormwater system improvements.
2.17
Salmonberry Road Widening
Ramsey Road to Bethel
Widen road to two travel lanes with bike lanes,
Road
0.15
225,000
0
225,000
2028
P
ALL
0
0
0
sidewalks and stormwater system improvements.
2.18
Piperberry Way Extention
Geiger Road to Ramsey
Provide an extetion of Piperberry from Ramsey to
Road
0.25
575,000
0
575,000
2034
P
ALL
0
0
0
Geiger and a new street connection to the
proposed round about on Sedgwick.
2.19
Old Clifton & Feilgly Intersection
Feigly intersection
2/11/2022
PW850bfV
U:\Comp Plan\2022 Comprehensive
Plan Amend ments\Submittal\2022-2041 TIP.10_7_2021
City of Port Orchard Transportation Improvement Program (TIP)
Road Name
Priority Begin Termini
Number Project Title/Project Description End Termini
Complete streets improvemets indentified in the
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A
2.20 Bay Street Pathway - West
Continuation of project following study in 1.8
2.21 Walmart to Salmonberry Connector
Complete roadway connnection
For 2026-2039 TIER 2 (Unconstrained) Back to Agenda
Total Phase
Project Start Funding Federal State Fund
Length Total Est. Cost 2028-2033 2034-2041 Year Status Phase Fund Code Federal Funds Code State Funds Local Funds
0 2,800,000 0 2,800,000 2040 P ALL 0 0 0
Tremont to Footferry
0 4,000,000
4,000,000 0 2030 P ALL 0 0 0
Salmonberry
0 800,000 0 800,000 2040 P ALL 0 0 0
2.22 Downtown Bay Street Study Port Orchard Blvd to
Study main street in downtown port orchard for Mile Hill Dr intersection 0 1,000,000 0 1,000,000 2033 P ALL 0 0 0
complete streets with bikelanes and streetscape with Bay Street.
for pedestrians and storefronts. Study to address
traffic cirulcation and raising streets for seal level
rise and assocated stormwater and other utility
improvements.
2.23 Bay Street Improvements Port Orchard Blvd to
Complete Street and utlitiy improvements. Refer Mile Hill Dr intersection 0 10,000,000 0 10,000,000 2040 P ALL 0 0 0
to Study. with Bay Street.
2.24 Bay St. & Port Orchard Blvd Intersection Bay Street at Port
Single Lane Round About to address safety and Orchard Bulivard 0 3,000,000 0 3,000,000 2040 P ALL 0 0 0
capacity. Bay Street Pathway crossing. Assumed
creek is not impacted by project/ no major
mitigation.
2.25 Bay St. & Kitsap Street Intersection Improvement Bay Street at Kitsap
Re -align Kitsap intersection to addres safety and Street 0 2,000,000 0 2,000,000 2040 P ALL 0 0 0
capacity. Cline to end at Kitsap. Relocate flag
pole. Signalized Intersection?
2.26 Bay St. & Mitchell and Wetzil Bay Street at Mitchell
Reconfigure intersections to address safety and Avenue and Guy Wetzil 0 2,500,000 0
capacity. Rd.
2,500,000 2040 P
ALL 0 0 0
2/11/2022 PWqtPbf1P U:\Comp Plan\2022 Comprehensive Plan Amend ments\Submittal\2022-2041 TIP.10_7_2021
City of Port Orchard Transportation Improvement Program (TIP)
Back to Agenda
For 2026-2039 TIER 2 (Unconstrained)
Road Name
Total
Phase
Priority
Begin Termini
Project
Start Funding Federal State Fund
Number Project Title/Project Description
End Termini
Length
Total Est. Cost 2028-2033 2034-2041
Year Status Phase Fund Code Federal Funds Code State Funds Local Funds
2.27 Sidney Avenue Improvements
Prospect St. to the
Sidewalk and streetscape improvements.
Waterfront
0
1,500,000 0 1,500,000
2040 P ALL 0 0 0
Developer Imrpovements?
2.28 Harrison Avenue Improvements
Bay Street to the
Sidewalk and streetscape improvements. Signal
Waterfront
0 1,000,000
0
1,000,000 2040 P ALL
0
0
0
replacement? Developer Project?
2.28 Fredrickson Ave Impr.
Cline St. to Sidney Ave.
Convert to two way street with angled parking.
0 1,500,000
0
1,500,000 2040 P ALL
0
0
0
Provide sidewalk and streetscape impr.
2.29 New Waterfront Street
Cline Street to Harrson
Sidewalk and streetscape improvements. "Shared
Avenue
0 2,500,000
0
2,500,000 2040 P ALL
0
0
0
Street" concept. Developer Improvement?
Total Tier 2 Capital Projects
98,166,043
63,557,128
34,608,915
60,451,500
1,600,000
31,857,543
Maintenance Project
2.51 Cline Avenue Repairs
Replace sidewalk and parking strip.
Cline Avenue:
0.13 200,000
0
0 P ALL
200,000
Kitsap Street to
Dwight Street
Total Tier 2 Maintenance Projects
200,000
0
0
0
0
200,000
2/11/2022 FpWgd7,:6f10 U:\Comp Plan\2022 Comprehensive Plan Amend ments\Submittal\2022-2041 TIP.10_7_2021
Back to Agenda
Issue Title
Meeting Date
Time Required
Attendees
City of Port Orchard
Work Study Session Executive Summary
KRCC CPP Population Growth Targets
February 15, 2022
25 minutes
Nick Bond, AICP
Action Requested at this Meeting: Discuss KRCC CPP Population Targets and provide direction
concerning Port Orchard's preferred target and how to handle the requests from other jurisdictions.
Issue: Port Orchard is part of the Puget Sound Regional Council (PSRC) and Kitsap Regional
Coordinating Council (KRCC). PSRC's regional growth strategy Vision 2050 was recently adopted to chart
a course for the region through 2050. The strategy calls for growth to be focused in certain areas and
for transportation planning to be coordinated. In Vision 2050, Port Orchard is categorized as a High -
Capacity Transit Community (HTCs) along with Kingston, Poulsbo, Bainbridge Island, and our urban
growth areas (UGA). According to Vision 2050, population growth is supposed to be planned to be
consistent with Table 1.
Table 1: The Regional Growth Strategy.
30— Regi anal C,YOwtri Strategy
4�•e:�l•an Crn Cue Cnes Hiil :a:e[i:r-�[n:-i C�iesai[r;.ns IJiAn4•i,:sryc�[i[d .
••I n
S."..h 4% • 87,C06
12% • SUCO
SR • 21 UN-
95% -+9. i77
4% • MAO
aS% • 18599
24% • 424.60E
AeFCe N%•187,8W
I M•&SAW
1
ITA,77UM
I
7%•2500E
Im
,8%•29.WO
--0Va
3%•1UM
21%,89400E
KWO 34'6 3;.000
Nm 4446•d31,079
16% n.000
d6%-04000
C
0%-SA90
K0'i00
40% 346.000
11%-92,000
5%-44.000
O%-TOM
3%•6.099
W1. W30C
Figure ttnote: May not sum accurately
due to rounding. Snohomish County
Gilles B To was and Rural figures are
Founded to the nearest hall percent
and 560 population- Other5gures
are rounded to the nearest Whole
percentage and 1, 000 population.
Page 11 of 110
Back to Agenda
LACI.0 IIVC JUI III IIQI V 2
Page 2 of 4
In this table, Kitsap County is supposed to grow by 97,000 people between 2017 and 2050 with 34,000
of these 97,000 locating within HTCs. When adjusted for the 2020-2044 period corresponding to our
planning period for the upcoming periodic update, the amount of growth targeted to occur in Kitsap
County HTCs is reduced to 24,268 people. On February 8, 2022, technical staff from Kitsap County, Port
Orchard, Poulsbo, and Bainbridge Island met to discuss how this growth allocation should be divided up
among the HTCs.
According to the current schedule established by KRCC, the Countywide Planning Policies will be
updated in June 2022 with new growth targets for the 2020-2044 planning period. These targets are
needed before significant work on the 2024 comprehensive plan can commence.
During the February 8, 2022 meeting, cities provided a high and low estimate for their preferred share
of the 24,268 people in order to assist KRCC's Land Use Technical Advisory Committee in finalizing its
recommendation to the KRCC board. It was apparent, that even under the "low" scenario, that these
communities desired more of a growth allocation than was available. Table 2 below illustrates the low
and high requests submitted relative to the amount of growth available. It should be noted that
Bainbridge Island was unable to commit to setting a range but indicated that they would look at recent
growth trends in attempting to set their targets.
Under the regional framework, Bremerton is a Metropolitan City, Silverdale a Core City, Central Kitsap
UGA is Unincorporated UGA, and rural areas of Kitsap County are Rural. These places are not discussed
in this memo.
Table 2: High and Low Allocation Requests for High -Capacity Transit Communities
High -Capacity Transit Communities
2020-2044
2020-2044 Allocations by Regional Geography
24,368
24368
Requested
Allocation
(Low)
Requested
Allocation
(High)
Land
Capacity
Land
Surplus/
Deficit
Low
Land
Surplus
Deficit
High
Bainbridge Island (based on .5% and 1% growth)
3,157
6,696
5,301
2,144
-1,395
Kingston
3,500
4,000
2,791
-709
-1,209
Port Orchard
10,000
14,000
16,250
6,250
4,250
Port Orchard UGA
3,552
3,552
3,552
0
0
Poulsbo
4,581
7,035
4,581
0
-2,454
Poulsbo UGA
965
965
965
0
0
Total (Low/High)
25,755
36,248
Regional Allocation vs Proposed
1,387
11,880
At the low end of the HTC growth target range, the HTCs proposed growth targets exceed the PSRC
allocations by 1,387 people. At the high end of the range, the HTC growth targets exceed the PRSC
allocations by 9,880 persons. There are several reasons why cities are seeking more growth than is
supported by Vision 2050:
1. Urban Growth Area Reductions. Kitsap County believes that UGA reductions could be on the
table in Port Orchard if there is not enough growth allocated to the UGA. Vision, 2050 explicitly
states that "stable urban growth boundaries" are a goal of the plan, but this may not matter in a
GMA appeal if Kitsap County were to see their comprehensive plan appealed.
2. Poulsbo. Poulsbo is seeking UGA expansion and is asking for more growth than it currently has
capacity to accommodate. Poulsbo believes that a high -end allocation of 8,000 people between
the City and the Poulsbo UGA will allow the County to expand the Poulsbo UGA.
Page 12 of 110
Back to Agenda
LACI.0 IIVC JUI III IIQI V 2
Page 3 of 4
Bainbridge Island (BI). BI has not clearly shared its preferences with KRCC and there are several
new city council members at BI who are new to this process. BI staff indicated that they will be
reviewing current growth rates and proposing a growth target that reflects current growth
rates. Table 2 above assumes between .5% and 1% growth in Bainbridge Island. In the past, Port
Orchard and the other Kitsap jurisdictions have expressed concern that BI is not growing enough
to reflect the WSDOT ferry resources available it its residents.
4. Kingston. Kingston is seeking slightly more growth than it can currently accommodate. As a
countywide center with a fast ferry, Kitsap County has asked for more growth in Kingston to
make better use of the available ferries.
Port Orchard. Port Orchard needs to make sure that its allocation is realistic based on expected
growth and annual growth rates to ensure plan certification and PSRC transportation funding
eligibility. In 2016, the City was allocated 8,235 residents and it appears that we will exceed this
target much earlier than the 2036 horizon year. Our next allocation needs to reflect current
trends, existing entitlements, and our 3% annual population growth rate over the past eight
years.
Alternatives:
In the February 8, 2022 meeting among technical staff, Port Orchard proposed a population allocation of
between 10,000 and 14,000 people for the 2020-2044 period for inclusion in the Countywide Planning
Policies. This was based in part on previous guidance from City of Port Orchard elected officials and the
Land Use Committee. Previous guidance suggested an initial allocation of 10,000 for the period
between 2024 and 2044 (the next comp plan planning period). After those previous discussions, City
staff learned that the targets that would be adopted into the countywide planning policies would be for
the years 2020-2044 and not for 2024-2044. That meant that the 2020-2024 growth would need to be
factored in this number and thus the proposed population target for Port Orchard was increased from
10,000 to 14,000 on the high end of the range.
One of the important considerations in target setting is that Port Orchard needs to ensure that it is
growing in accordance with the regional growth strategy. In 2016, several cities in the PSRC region had
already exceeded their growth allocations prior to finishing their 2016 periodic updates. As a result,
those cities chose to plan for growth based on actual on -the -ground conditions and planned for more
growth than they had been allocated. As a result, some of these cities did not receive comprehensive
plan certification or received conditional plan certification. Plan certification from PSRC is required to
remain eligible for PSRC transportation funding.
Port Orchard could find itself in this situation in 2024. Based on current permitting activity, the City is
expecting to add housing for an additional 5,000 to 8,000 residents in the next three years and as many
as 10,000 additional residents in next six years. If Port Orchard sets the 2020-2044 growth targets too
low, the city could exceed its 20-year growth target before it adopts its 2024 comprehensive plan (due
by June 30, 2024).
In negotiating Port Orchard's target with the other KRCC jurisdictions, the City's representatives need to
consider the following alternatives.
Linear 3% Growth. In 2013, the Office of Financial Management (OFM) estimated Port
Orchard's population to be 12,870. In the 2020 Census, the City had grown to 15,587 people.
Over this seven-year period, this total growth amounts to 3% annually. If the city were to set a
target based on 3% annual growth, starting with a 2021 OFM population estimate of 15,960, its
2044 population would end up at 31,478 people. This is an increase of 15,891 persons from
2020-2044.
Page 13 of 110
Back to Agenda
LACI.0 IIVC JUI III IIQI V 2
Page 4 of 4
2. Flat Growth (388 new residents per year). If the City were to project population growth based
on the average annual population growth occurring between 2013 and 2020, this would amount
to 388 additional residents per year. Projecting the addition of 388 residents per year the 2021
OFM estimate of 15,960 would result in a 2044 population of 24,874 people. This would
amount to an increase of 9,287 persons between 2020 and 2044.
3. Hybrid Flat. The City has considerable information about permitted activity expected in 2022-
2024. Beyond the next three years, it is likely that an economic slowdown will occur altering
growth rates at least temporarily. The hybrid flat approach uses known development activity
for years 2022-2024 followed by the addition of a more modest 388 residents per year from
2025-2044. Population growth in 2022 is projected to be 1,632, in 2023 is expected to be 1,786,
and in 2024 is expected to be 1,568. Under this approach, the 2044 population for the city
would be 28,696. This would amount to an increase of 13,109.
The City's KRCC representatives must consider setting Port Orchard's growth target to be included in the
Countywide Planning Policies while balancing concerns for UGA sizing, the preferences of neighboring
jurisdictions, current pipeline development, and the requirement to get PSRC plan certification. Port
Orchard's leaders should weigh these competing priorities and advance a growth target that makes
sense for Port Orchard. At the same time, Port Orchard must be prepared to support or oppose the
requests from Kitsap County, Poulsbo, and Bainbridge Island.
Recommendations: Discuss the alternatives and provide guidance to Staff and the Mayor and
Councilmember Rosapepe as the City's KRCC Representatives.
Attachments: Vision 2050 Pages 30, 33
Page 14 of 110
Back to Agenda
30 Regional Growth Strategy • vi-)iyN 2050
t�
TOTAL
L
7
Metropolitan Cities Core Cities High Capacity Transit Cities and Towns Urban Unincorporated Rural
Communities
36% • 637,000 28% • 496,000 24% • 413,000 6% • 109,000 3% • 57,000 2% • 43,000 100% • 1,756,000
1,222,000 921,000 878,000 338,000 172,000 536,000 4,067,000
Metropolitan Cities Core Cities High Capacity Transit Cities and Towns Urban Unincorporated Rural
Communities
1 111 1 111 M 111
TOTAL GROWTH 44% • 514,000 35% • 407,000 13% • 155,000 4% • 49,000 2% • 21,000 1% • 13,000 100% • 1,158,000
2017 BASE 1,047,000 642,000 269,000 100,000 81,000 95,000 2,233,000
Figure 6 note: May not sum accurately
due to rounding. Snohomish County
Cities & Towns and Rural figures are
rounded to the nearest half percent
and 500 population. Other figures
are rounded to the nearest whole
percentage and 1,000 population.
Page 1q of 110
VISION 2050
Back to Agend
Regionai �rowrn �rra y-33
High Capacity Transit Communities
High Capacity Transit Communities include
cities connected to existing or planned light
rail, commuter rail, ferry, streetcar, and bus
rapid transit facilities. High Capacity Transit
Communities also includes urban unincorporated
areas planned for annexation or incorporation
and with existing or planned access to high -
capacity transit. As the region's transit system
grows, these 34 communities play an increasingly
z
d
A
important role as hubs to accommodate regional
employment and population growth. Targeting
growth within these transit -rich communities
helps to support mobility and reduces the number
and length of vehicle trips.
The Regional Growth Strategy calls for the 34 High
Capacity Transit Communities to accommodate
24% of the region's population growth and 13% of
its employment growth by the year 2050.
High Capacity Transit Communities (34 total, 274 square miles): Arlington, Bainbridge Island, Bothell Municipal
Urban Growth Area (MUGA), Des Moines, DuPont, Edmonds, Edmonds MUGA, Everett MUGA, Federal Way
Potential Annexation Area (PAA), Fife, Fircrest, Kenmore, Kingston, Lake Forest Park, Larch Way Overlap, Lynnwood
MUGA, Marysville, Mercer Island, Mill Creek, Mill Creek MUGA, Mountlake Terrace, Mukilteo, Mukilteo MUGA,
Newcastle, North Highline (Seattle PAA), Renton PAA, Parkland-Spanaway-Midland PAA, Pierce Mid -County (part),
Port Orchard & Port Orchard UGA, Poulsbo & Poulsbo UGA, Shoreline, South Hill Planned Incorporation Area (PIA),
Sumner, and Woodinville
High Capacity Transit Communities in Kitsap and Snohomish counties are expected to accommodate a much larger
share of their county growth than High Capacity Transit Communities in King and Pierce counties.
Pag08 0V 110
Back to Agenda
Issue Title
Meeting Date
Time Required
Attendees
City of Port Orchard
Work Study Session Executive Summary
McCormick Water CFC Credit Agreement
February 15, 2022
20 Minutes
Nick Bond, AICP
Action Requested at this Meeting: Review and Discuss the Draft McCormick Water CFC Credit
Agreement.
Issue: McCormick Communities approached the City with a proposed agreement as authorized by Port
Orchard Municipal Code (POMC) 13.04.030 to build water system improvements for the City in
exchange for credit against the Water Capital Facility Charge (CFC). In the proposed agreement,
McCormick Communities would construct the following five improvements within five years, all of which
are included in the recent update to the City's Water CFC fee calculation:
1. CIP No. 9: Well 12 Development, Treatment, and Booster Pump Station ($7,000,000)
2. CIP No. 13: 390 to 580 Zone Booster Station, 2nd Lift (Glenwood) ($725,000)
3. CIP No. 14: 390 to 580 Zone Transmission Main (to Glenwood PS) ($515,624)
4. CIP No. 15: 580 to 660 Zone Booster Station; ($750,000)
5. CIP No. 16: 660 Zone Storage ($2,850,000)
The credit amount is anticipated to be $5,920 per ERU added to the City's system in the area shown on
the map attached to the agreement. The maximum value of the credit is $11,840,625 which can only be
reached with proper documentation of certified project costs showing an expenditure of at least that
amount. If the certified project costs are less, the maximum credit will be lowered. If the certified
construction costs are higher than $11,840,625, the maximum credit will not be increased.
The agreement is structured similarly to other recent CFC credit agreements but does provide an
additional section related to satisfying the 1998 purchase and sale agreement of the McCormick Water
System. (See section 12)
McCormick has requested that this agreement be approved at the same time as two other agreements
extending the terms of the 2013 Development Agreement for McCormick Woods and the 2011
Development Agreement for McCormick West. The CFC agreement is to be considered valuable
consideration in exchange for extending the term of these other two agreements.
Page 17 of 110
Back to Agenda
/ 3
Page 2 of 2
Background: The previously approved entitlements for McCormick Woods and McCormick West were
dependent on several water system improvements to provide water supply, storage, and transmission.
These projects are listed in the City's water system plan and presently are City projects to be funded by
the City's collection of CFCs. If the City were to design and build these projects, they would take far
more time to construct and would likely not be available at the time sought by McCormick Communities.
In 2019, the City briefly imposed a moratorium on development which was solved in the short term
through an agreement with the City of Bremerton. In the long term, the projects to be constructed
under this agreement combined with the City's participation in the Foster Pilot Program should allow for
the complete buildout of McCormick Woods and McCormick West.
Alternatives: Do not approve the agreement in which case the city would need to design and construct
these five projects in accordance with its water system plan.
Recommendations: City Council should review and discuss the draft agreement. It is likely that the
agreement will come forward for adoption and approval in April 2022.
Attachments: Draft CFC Agreement (including Appendix A), 2013 DA for McCormick Woods, 2011 DA
for McCormick West.
Page 18 of 110
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
This CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES ("Credit
Agreement") is entered into between the City of Port Orchard, a Washington municipal
corporation ("City" or "Port Orchard") and McCormick Communities, LLC, a Washington limited
liability company ("McCormick"). City and McCormick are each a "Party" and together the
"Parties" to this Credit Agreement.
RECITALS
A. The City owns and operates a municipal water system that services the areas known as
McCormick Woods and McCormick West, which together comprise hundreds of acres of
land owned by McCormick as depicted in Exhibit A (the "McCormick Property").
B. Many acres of the McCormick Property have received preliminary plat approval, and other
acres have received final plat approval, and McCormick has sold some of the resulting lots
to builders.
C. One area of the McCormick Property is served by the City of Bremerton water system, but
the majority of the McCormick Property is served by the McCormick Woods water system
which is owned and operated by the City of Port Orchard, and is within the area previously
served by the McCormick Water Company, Inc. On September 1, 1998 the City purchased
the assets of the McCormick Water Company, Inc. and undertook by contract the obligation
to serve the McCormick Property ("1998 PSA").
D. On December 30, 2015 McCormick Communities, LLC purchased the assets of
McCormick Land Company and GEM1, LLC and assumed their obligations with certain
exceptions. These purchases included assignments of rights and interest to all entitlements,
including water and water rights as well as all claims. Therefore, McCormick is the only
remaining party (apart from the City) with an interest in the 1998 PSA.
E. Due to a variety of reasons, including the Foster v. Department of Ecology decision
regarding water rights, the City has been unable to provide water to the McCormick
Property as agreed -to in the 1998 PSA on the schedule desired by McCormick. If the City
could not timely provide these water services, then under the 1998 PSA McCormick has
the right to select a different purveyor to provide water service for future development.
Instead, McCormick desires to construct the additional public facilities needed to serve its
future development and the City agrees to provide credits for water connection fees as
reimbursement as authorized in POMC 13.04.030.
F. On July 10, 2007, Port Orchard and the prior owner of the McCormick Property, GEM 1,
LLC ("GEM") entered into a REIMBURSEMENT AGREEMENT FOR UTILITY
SYSTEM IMPROVEMENTS ("2007 Agreement"), in which the City and GEM agreed
that the City was "unable to fund" the Water Facilities described and depicted in Exhibit
A to this 2007 Agreement, which were needed to serve the McCormick Property, and the
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
Page 1
1454988.17 - 366922 -0029
Page 19 of 110
City and GEM agreed that if GEM constructed these Water Facilities, GEM would receive
reimbursement as described in this 2007 Agreement.
G. GEM chose not to construct these Water Facilities, but the 2007 Agreement remains in
effect and McCormick as owner and developer of the McCormick Property is GEM's
successor -in -interest to the 2007 Agreement.
H. On February 9, 2021 the City Council approved the FIRST AMENDMENT TO 2007
REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS
("First Amendment") in which the City and McCormick agreed to amend the list of projects
in the 2007 Agreement, and McCormick agreed to (1) improve the City's Well 12 water
campus; (2) construct a new 580 zone reservoir up to 1.1 million gallons in size; (3)
construct a second transmission main between the new 580 zone reservoir and the then -
existing water system within McCormick Woods, in order to facilitate future separation of
the Port Orchard and Bremerton water systems; and to (4) drill and make operational a
pilot well at the proposed location of a new Well 12.
Pursuant to the First Amendment, the Parties also agreed to negotiate in good faith to enter
into subsequent agreements to (1) determine appropriate reimbursement for McCormick's
Well 12 project; (2) address construction of a future 660 Zone reservoir and booster pump
station; (3) address construction of traffic improvements; (4) extend existing entitlements;
and (5) address full waiver of McCormick's claims against the City and the parties'
agreement on satisfaction of performance under the 1998 PSA.
J. Pursuant to this First Amendment, McCormick is constructing these improvements to the
City's water system at a cost of approximately $4 million, for which McCormick is
receiving $1,000 reimbursement per equivalent residential unit ("BRU") that connects to
the City's water system within the Western Service Area depicted in the 2007 Agreement.
McCormick expects to receive, over time, approximately $2.4 million in reimbursement
for up to 2,400 lots within the Western Service Area, resulting in a shortfall in
reimbursement of at least $1.6 million in addition to the shortfall from the time value of
McCormick's $2.8 million investment.
K. At least five additional improvements to the City's water system are needed to enable the
City to serve the McCormick Property. The City has included these five additional
improvements in the current Capital Improvement Plan that the City Council adopted by
Ordinance No. 022-21 on May 11, 2021. These improvements, hereinafter described as
the "Five CIP Projects" are listed below, together with the estimated cost of the
improvement to be funded by capital facility charges ("CFCs"):
a. CIP No. 9: Well 12 Development, Treatment, and Booster Pump Station
($7,000,000)
b. CIP No. 13: 390 to 580 Zone Booster Station, 2nd Lift (Glenwood) ($725,000)
c. CIP No. 14: 390 to 580 Zone Transmission Main (to Glenwood PS) ($515,624)
d. CIP No. 15: 580 to 660 Zone Booster Station; ($750,000)
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
Page 2
FG:54353236.12
1454988.17 - 366922 -0029
Page 20 of 110
Back to Agenda
e. CIP No. 16: 660 Zone Storage ($2,850,000)
L. The current CIP estimates the total CFC-funded cost of these Five CIP Projects to be
$11,840,625.
M. The Five CIP Projects must be constructed in order for the City to supply water to the
McCormick Property as agreed -to in the 1998 PSA between the City and the McCormick
Water Company.
N. In addition, approval of water rights for Well 12 and the City's Well 11 projects are needed
in order to provide adequate water supplies for McCormick's development and the City at
large. The City is working diligently as part of the Foster pilot program to secure these
water rights. However, whether these water rights are ultimately secured and on what
schedule will be determined by the Department of Ecology.
O. These Five CIP Projects will enable the City to serve not only the McCormick Property,
but also existing and future development outside the McCormick Property. The 660 Zone
Storage (CIP No. 16), together with the 580 Zone Storage that McCormick is constructing
pursuant to the First Amendment, will increase the City's total water storage capacity by
50% in all pressure zones. The 660 Zone Storage will be located at one of the highest
elevations in the City, which will enable this storage, together with the transmission
facilities being constructed by McCormick, to serve the entire City in the event of shortfalls
in water supply or storage in other areas of the City.
P. Both the 580 and the 660 zone water Storage being constructed by McCormick are sized
to serve areas outside of the McCormick Property, and to serve all future growth in the 580
pressure zone. Without these improvements, only a limited number of new homes could
be constructed in the McCormick Property or in any of the other properties in the 580-
pressure zone unless Port Orchard and Bremerton enter into an updated agreement for Port
Orchard to buy additional water supplies for an extended period.
Q. The drilling and activation of Well 12 will provide added supply to the City's current 580
pressure zone so that Port Orchard will no longer need to purchase water from the City of
Bremerton. This will enable Port Orchard, together with its activation of Well 11, to
separate its water system from Bremerton's, so that Port Orchard can manage its water
quality policy (e.g., provide fluoridation) independently.
R. In anticipation of execution of this Credit Agreement, McCormick has commenced work
on the Five CIP Projects and at the time of execution of this Credit Agreement has
expended approximately $400,000 towards design and construction and has provided
certified project costs to establish these expenditures to the City prior to the effective date
of this Agreement.
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S. In order for the City to fulfill its obligations to provide water to the McCormick Property
under the 1998 PSA, and in order for McCormick to continue to develop its property, the
City and McCormick agree as follows:
AGREEMENT
1. Reaffirmation of Prior Agreements. The City and McCormick affirm that the First
Amendment to 2007 Reimbursement Agreement for Utility System Improvements remains
in effect, as do the un-amended sections of the 2007 Reimbursement Agreement.
2. McCormick Performance of Five CIP Projects. McCormick will finance and construct
the Five CIP Projects described in Recital K, as described in the Summary of Improvements
attached to this Credit Agreement. The Parties recognize and agree that McCormick's
scope of work and this Summary of Improvements may change as these Projects are
engineered, and such changes will be discussed with the City, and, if approved, will be
reflected in future CIPs.
Water CFC Credit. As partial compensation, McCormick will receive credit against water
CFCs for each ERU developed within the McCormick Property. This credit shall be a
specific dollar amount which will reflect the CFC-funded costs of the Five CIP Projects,
divided by the number of ERUs that McCormick is expected to develop within the
McCormick Property (2,000). At the time of this Agreement, the current CIP estimates the
total CFC-funded cost of these Five CIP Projects to be $11,840,625, so the Water CFC
Credit shall be $5,920:
Maximum Eligible Project Five CIP Project Total Costs
$ 11,840,625
Eligible ERU's (McCormick Property)
2,000
Water Capital Facility Charge Credit per ERU
$ 5,920
This credit per ERU of $5,920 shall be adjusted each year in accordance with the CPI-U
referenced in POMC 13.04.065, and also if the City amends its water capital facilities
charge and adjusts the cost estimates for any of the 5 CIP Projects described in recital K
above as part of that future capital facilities charge amendment.
Estimated Maximum Water CFC Credit. The maximum amount for the Water CFC
Credit shall be the lesser of $11,840,625, as adjusted per this Section 2, or the certified
project cost established in Section 11, whichever is lower (hereinafter "Maximum Water
CFC Credit"). In no case shall the Maximum Water CFC Credits granted by the City
exceed $11,840,625 as adjusted per this section.
Water CFC Credits per ERU will be applied up to the Maximum Water Credit Value for
20 years or until the Maximum Water Credit Value is fully exhausted, whichever occurs
first. The final credit applicant may receive partial credit depending on the Maximum
Water Credit Value remaining.
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The Maximum Water CFC Credit hereunder is an estimate only based on the CIP project
cost estimates. The Parties will determine the final Maximum Water CFC Credit in
accordance with the certification procedures set forth in Section 11. If the certified costs
are less than $11,840,625, then the fixed credit will still be applied but only to the extent
as to capture the Maximum Water CFC Credit, i.e., the ERU water credits provided will
never exceed the certified project costs. This means that some of the 2,000 estimated ERUs
may receive partial or no Water CFC Credit so that the total credits do not exceed either
the certified project costs or Maximum CFC Credit, whichever is less.
3. Value of Projects. McCormick and the City anticipate that McCormick will construct the
Five CIP Projects within the next five years (although drilling of Well 12 may take longer
because the City needs to first secure water rights under the Foster program), but
McCormick will receive the anticipated credit per ERU over the next 20 years. When the
$11,840,625 invested by McCormick in the Five CIP Projects is adjusted for the time value
of money over 20 years, the additional financing cost to McCormick is between $1,933,991
and $2,544,900, depending on the rate at which new ERUs are developed. While this
financing cost is not reimbursable under this CFC Credit Agreement, it presents significant
public benefit to the City and constitutes consideration both for the City entering into this
Agreement, and for new or amended Development Agreements to extend the existing
preliminary plat approvals within the McCormick Property, so that sufficient ERUs remain
available to provide the credits needed to defray a meaningful percentage of the costs of
financing and building the Five CIP Projects.
4. Other Agreements. The City and McCormick are contemporaneously, together with the
execution of this Credit Agreement, also executing amendments to the following
agreements to extend the periods of preliminary plat approval of two of the subdivisions
within the McCormick Property that create the lots whose development will create the
ERUs for which the City will charge CFCs:
a. Annexation Agreement No. 085-11, McCormick West, recording number
201112190136; and
b. Development Agreement for McCormick Woods Phases III, IV, and V Preliminary
Plats, recording number 201309160217;
5. Project Performance Standards. McCormick will finance, design, and construct the Five
CIP Projects to comply with City and other applicable standards, including obtaining all
necessary permits. This includes, as applicable, review and approval by the Washington
State Department of Health, Office of Drinking Water. The City will approve the plans
before construction begins.
6. Effective date; term; concurrency. This Credit Agreement is effective immediately upon
its execution and shall continue for a term of 20 years. The Water CFC Credits shall be
applied to connections within the McCormick Property and such credits shall continue to
be available up to the cumulative amount certified in the initial or annual report(s) plus the
value of any posted bond, provided that McCormick continues to make timely progress on
the Five CIP Projects, including providing the City with the annual reports as set forth in
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Section 7 below. The development of 2,000 ERUs within the McCormick Property is
expected to be concurrent with the City's water system so long as the Five CIP Projects are
developed as set forth in this Agreement, including the City's obtaining additional adequate
water supply along with the related water rights under Foster from Well 11, Well 12 and/or
Well 13 to serve these ERUs. Assuming these conditions are met, the City will reserve
water capacity for these 2,000 ERUs. Execution of this Agreement is equivalent to
issuance of a capacity reservation certificate (CRC) under POMC Chapter 20.180. The
capacity reservation shall expire with the expiration of this Agreement.
7. Annual Reporting; Bonding. McCormick shall by December of each year provide a
report, signed, and stamped by a licensed engineer and accompanied by supporting
documentation, to the City demonstrating the approximate ongoing total of its investment
in the Five CIP Projects, together with the approximate total of credits per ERU received
within the McCormick Property. In addition, at any time of the year, McCormick may
submit project -specific reports, signed, and stamped by a licensed engineer and
accompanied by supporting documentation, to the City at the conclusion of each of the
Five CIP Projects in order to commence the completion process outlined in Section 9. As
each of the Five Projects is commenced, McCormick's shall post a bond for completion of
that project in order to secure its completion and transfer to the City. This shall be required
in order to have Water CFC Credits apply in accordance with this Agreement. For purposes
of this section, "commenced" means commencement of construction. However, the costs
of such bond(s) may be included in the Maximum Water CFC Credit calculation, provided
however, that the Maximum Water CFC Credit in no case may exceed $11,840,625. Bonds
may be released for each of the Five Projects in accordance with the requirements for
project completion contained in POMC 13.04.030. At no time shall the total CFC credits
being issued exceed the then balance of the certified project costs plus the value of any
bond that is then in place.
8. McCormick Shall Grant Property Rights to the City. All intellectual data, including but
not limited to engineering work, surveys, plan sets, and designs initiated by McCormick
and its engineers and/or consultants for the Five CIP Projects shall be provided to the City
upon request and McCormick will provide the City with ownership rights in the intellectual
data so that if McCormick fails to complete any of the Projects, the City will have all of
the rights necessary to utilize the intellectual data in order to complete the work. In
addition, McCormick agrees that for any real property where any portion of any of the Five
CIP Projects is located that is not in currently the City's ownership at the time this
Agreement is executed, that McCormick will provide property rights to the City, in the
form of an easement or dedication, that will provide the City all of the rights necessary to
enter and utilize that property in perpetuity for the purposes of owning, operating,
maintaining, improving, expanding, or constructing water facilities. These property rights
shall be provided to the City no later than the time period described in Section 11 below,
however, if McCormick fails to complete the Project(s) in accordance with this Agreement,
McCormick will be required to promptly transfer the property rights to the City upon its
default or abandonment of work on the Project(s).
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9. Completion of Five CIP Projects. With the exception of the Well 12 Project which may
be delayed due to water rights issues, McCormick agrees that it will complete the Five CIP
Projects within five (5) years of the execution date of this Agreement. The City shall
diligently pursue water rights for Well 12, and McCormick shall complete Well 12 within
this five-year performance period, or within twenty-four (24) months of the granting of the
required water rights, whichever period is longer. Upon completion of each of the Five CIP
Projects as outlined hereunder, the City may accept responsibility for the operation in
accordance with POMC 13.04.030 provided construction is completed, the Project has
been accepted, any transfer of property documents are completed, accepted, and recorded,
and a two-year warranty and maintenance bond is in place, such acceptance not to be
unreasonably conditioned, withheld or denied. In accordance with POMC 13.04.030(6),
the Project will be deemed completed when all of the following occurs: 1. The City deems
it substantially complete; 2. All punch list items are finished; 3. The improvement passes
final inspection; 4. McCormick has put a two-year warranty and maintenance bond in
place; 5. The City releases the performance bond (if applicable); 6. McCormick has
completed all property dedications; 7. McCormick has provided the City with a Bill of Sale
for the improvements containing the certified construction costs (stamped by licensed
engineer) to the City for determination of the maximum credits available under this
Agreement; and 8. The City Council accepts the project as public. The City will confirm
completeness of the CIP Project by issuing a Final Notice of Completeness to McCormick.
10. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any
prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of
war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes
therefor, governmental actions, governmental laws, regulations or restrictions, civil
commotions, Casualty, actual or threatened public health emergency (including, without
limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant
public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization (including, without limitation, any shelter -in -
place orders, stay at home orders or any restrictions on travel related thereto, breaches in
cybersecurity, and other causes beyond the reasonable control of the party obligated to
perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii)
related to the specifically enumerated events in this paragraph (collectively, a "Force
Majeure"), shall excuse the performance of such party for a period equal to any such
prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either party, that time period shall be extended by the
period of any delay in such party's performance caused by a Force Majeure. Provided
however, that the current COVID-19 pandemic shall not be considered a Force Majeure
unless constraints on a Parry's performance that result from the pandemic become
substantially more onerous after the effective date of this Agreement.
11. Certification of Project Costs. Upon completion of each of the Five CIP Projects as
described in Section 11 above, McCormick shall submit certified project costs to the City
for review and acceptance by the City Engineer. Once these costs and the executed Bill of
Sale are reviewed and accepted by the City Engineer, not to be unreasonably withheld,
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conditioned, or delayed, the Maximum Water CFC Credit due to McCormick will be
established and will equal the Maximum Water CFC Credit as so certified in accordance
with this Section 11. If the Maximum Water CFC Credit due is less than the certified
project costs of the Five CIP Projects, then the City will continue to apply the $5,920 credit
(as adjusted by CPI-U) until the Maximum Water CFC Credit is reached, or this Agreement
expires, whichever occurs first. McCormick acknowledges that this may result in some of
the 2,000 ERUs receiving no (or a partial) CFC credit as the full reimbursement is reached.
12. Satisfaction of 1998 PSA. The Parties recognize and agree that this Agreement
substantially satisfies the City's obligations under the September 1, 1998 Agreement for
Purchase and Sale of Assets of McCormick Water Company, Inc. The Parties further agree
that at such time as the work described in Recital "K" is completed in accordance with the
Agreement, whether Well 12 is completed or not, that the City's obligation under the 1998
will be fully satisfied, provided that the City continues to provide the CFC credits
consistent with this Agreement. Furthermore, having assumed the position of MLC/GEM1
under the 1998 PSA, McCormick has the sole right to determine that the City's obligations
have been satisfied. When the work in Recital K, excluding Well 12, is complete,
McCormick agrees that it will have no remaining claim(s) against the City for failure to
perform under the 1998 PSA. To the extent any such claim(s) remain, McCormick
intentionally and irrevocably waives its rights to pursue such claim(s).
13. Default. Subject to extensions of time by mutual consent in writing, failure, or delay by
either Party to perform any term or provision of this Agreement shall constitute a default.
In the event of alleged default or breach of any terms or conditions of this Agreement, the
Party alleging such default or breach shall give the other Party not less than thirty (30)
days' notice in writing, specifying the nature of the alleged default and the manner in which
said default may be cured. During this thirty (30) day period, the Party charged shall not
be considered in default for purposes of termination or institution of legal proceedings.
After notice and expiration of the thirty (30) day period, if such default has not been cured
or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement.
14. Reimbursement for Agreement Expenses of the City. McCormick agrees to reimburse
the City for actual expenses incurred over and above fees paid by McCormick as an
applicant incurred by City directly relating to this Agreement, including recording fees,
publishing fees, attorneys' fees, and reasonable staff and consultant costs not otherwise
included within application fees. Such payment shall be made in full prior the Mayor
executing the Agreement on behalf of the City. Upon payment of all expenses, the
Developer may request written acknowledgement of all fees. Such payment of all fees shall
be paid, at the latest, within thirty (30) days from the City's presentation of a written
statement of charges to McCormick.
15. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of
the covenants and agreements contained herein, or to exercise any option herein conferred
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in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements, or options, and the same shall be and remain in full force and effect.
16. Conflict. In the event of any conflict between this Agreement and POMC 13.04.030, this
Agreement shall control.
17. Resolution of Disputes and Governing Law. If any dispute arises between the City and
McCormick under any of the provisions of this Credit Agreement, jurisdiction of any
resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County,
Washington. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington. The non -prevailing party in any action brought to enforce
this Agreement shall pay the other parties' expenses and reasonable attorney's fees.
18. Written Notice. All written communications regarding enforcement or alleged breach of
this Credit Agreement shall be sent to the parties at the addresses listed below, unless
notified to the contrary. Unless otherwise specified, any written notice hereunder shall
become effective upon the date of both emailing and mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated below:
McCORMICK:
Eric Campbell
12332 NE 1151h Place
Kirkland, WA 98033
erickinsp groupllc. com
Nick Tosti
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
nicktosti(&,,gmail. com
CITY:
Rob Putaansuu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu(& cityofportorchard.us
A copy shall also be transmitted to the City
Clerk at the above address.
19. Assignment. Before completion of the Five CIP Projects, any assignment of this Credit
Agreement by McCormick without the written consent of the City, which shall not
unreasonably be withheld, shall be void. McCormick may assign this Credit Agreement
after completion of the Five CIP Projects by giving written notice of assignment to the
City.
20. Modification. No waiver, alteration, or modification of any of the provisions of this Credit
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and McCormick.
21. Severability. The provisions of this Credit Agreement are declared to be severable. If any
provision of this Credit Agreement is for any reasons held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other provision.
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
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22. Good Faith and Due Diligence. The Parties agree to perform all obligations under this
Credit Agreement in good faith and with due diligence.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
2021.
MCCORMICK COMMUNITIES, LLC CITY OF PORT ORCHARD
By: By:
Its: Its:
APPROVED AS TO FORM:
Patrick Schneider
Attorney for McCormick Communities
Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
Brandy Rinearson
Port Orchard City Clerk
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
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STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu 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 Mayor of Port
Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
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STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Mr. is the person
who appeared before me, and said person acknowledged that (he/she) signed this instrument, on
oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the
of McCormick Communities, LLC to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES
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WA'AAAi'l lk
McCormick Properties
Page 31 of 110
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Name and Full Address
�d�� S )�f�S✓�-
1 rL� f ) DOUG SKROBUT 201309160217
V Ui v� Agreement Rec Fee: $ 105.00
09/16/2013 02.42 PM Page: 1 of 34
Walter Washington, Kitsap Co Auditor
Please print neatly or type information. Iililll ����I� III IIIII 1111111111111111111111111111111111111111 HIM 11111111111111111111111111
The AuditorAccorder wn1l rely on the information provided on the forth. The staff will not read the
document to verify the accuracy or completeness of the indexing informations provided herein.
Document Mde(s): f V @- ( Jr rk Ins Agee"
Additional reference rs on page:
Reference Number(s) of related documents:
Grantor(s):
Additional Grantors on Page:
Grantee(s):
Additional Grantee on Page:
Legal Description (abbreviated form: i.e. Plat name, lot, block, section, township, range, quarter/quarter).
AOVt of 12-3 6 , S L1 { () �L i F I -Al See Nl\jo— I S
Assessor's Property Tax Parcel/Account Number:
I, . am requesting an emergency
nonstandard recording for an additional fee of $50.00 as provided in EW 36.18.010. I understand that
the recording processing requirements may cover up or otherwise obscure some part of the text of the
original document.
Signature:
J:\pubdocslletterslcover letter
09/2004
Page 32 of 110
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After Recording Please Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
DEVELOPMENT AGREEMENT
for
McCormick Woods
Phases III, IV, and V Preliminary Plats
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between the City
of Port Orchard, a Washington municipal corporation ("the City"), and GEM 1 LLC, a
Washington limited liability company ("GEM 1").
RECITALS
A. GEM 1 is the owner and developer of the McCormick Woods development,
which is a portion of a larger area generally known as the McCormick Urban Village. The
McCormick Woods development is generally located on the south side of Old Clifton Road, east
of the Sunnyslope area and west of Glenwood Road. The McCormick Woods area in general,
and the remaining undeveloped portions of McCormick Woods Preliminary Plats Phases III, IV,
and V (collectively "The Property") are shown in the site plan attached as Appendix A. The
legal description of The Property is attached as Appendix B. This Agreement applies to The
Property. A summary of the Preliminary Plats Phases III, IV and V is attached as Appendix F.
B. The McCormick Woods area, including The Property was annexed into the City
of Port Orchard on July 8, 2009.
C. Prior to the annexation, GEM 1 obtained Kitsap County's approval of a Sub -Area
Plan (The McCormick Urban Village \ ULID #6 Sub -Area Plan) as well as Development
Agreements for Transportation and Parks and Open Space, which regulate development of all of
GEM I's developments in the Urban Growth Area, including The Property. In addition, GEM 1
obtained Kitsap County approval of a Master Plan for McCormick Woods, various Preliminary
Page I of 12
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Plats within McCormick Woods, and additional approvals for multiple Site Development
Activity Permits for the development of portions of The Property. Those two Development
Agreements and the approvals described in this paragraph remain in effect and binding upon
GEM 1 and the City.
D. The Property comprises the vast majority of the remaining development of the
planned community of McCormick Woods. The McCormick Woods Preliminary Plats Phases
III, IV, and V share common infrastructure such as roadways, storm water management control
systems, and sewer and water infrastructure, open space, and parks \ recreation areas. In effect,
the three phases act as one development area. The various phases and supporting common
infrastructure have been designed in an integrated manner to function as a single development
area.
E. The City and GEM 1 recognize that GEM 1 has a vested right to develop The
Property pursuant to the Kitsap County standards reflected in the Development Agreements and
approvals described above. However, for a variety of reasons, both the City and GEM 1 believe
it would be preferable to consolidate the further review of development plans for The Property
using City permit procedures as modified or clarified in this Agreement. The City and GEM 1
also believe it would be preferable to complete the further review and development of The
Property based on City of Port Orchard substantive standards, to the extent that use of such
standards does not require significant redesign of the project.
F. The City and GEM 1 desire to enter into a Development Agreement, as authorized
by RCW 36.70B.170, which will establish procedures and standards for the further review and
development of The Property. This Agreement is intended to set forth the uses that will be
permitted on the Property, the development standards that will apply, the period of time within
which the development standards will apply, and the method and manner in which it may be
developed.
Based on the foregoing considerations, the City of Port Orchard and GEM 1, LLC enter
into the following Development Agreement.
DEVELOPMENT AGREEMENT
1. Definitions:
a. When used in this document, unless the context clearly indicates otherwise, the
following words, when capitalized shall be defined as set forth in this paragraph.
(1) "Adopting Ordinance" means the ordinance that approves this
Development Agreement, as required by RCW 36.70B.200.
(2) "Agreement" means this document, entitled Development Agreement.
(3) "City" means the City of Port Orchard.
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(4) "Construction Standards" means the City adopted regulations governing
construction standards and specifications, such as, but not limited to, the International
Building Code, Uniform Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, and all of the regulations duly adopted by the City,
either as a part of the Port Orchard Municipal Code, or adopted therein by reference, and
any administrative regulations duly adopted by the City, that relate to the use, alteration
or development of real property within the City. Development Standards does not
include Construction Standards or the applicable fees in effect at such time as grading,
building, or other applicable permit applications are submitted and deemed complete by
the City. The term "Development Standards" will also include SEPA conditions imposed
through the approval of this Development Agreement, which will also compile and
consolidate previously imposed SEPA conditions from prior approvals that are still
applicable.
(6) "Effective Date" means the effective date of the Adopting Ordinance.
(7) "GEM 1" means GEM 1, LLC the fee simple title holder of the Property,
its successors or assigns.
(8) "McCormick Woods Phases III, IV and V" or the "Property" means the
real property within the City, assigned Kitsap County Assessor's tax parcel numbers
092301-1-003-2004, , 042301-4-029-2003, 092301-1-006-2001, 092301-1-005-2002,
092301-4-004-2007, 092301-1-009-2008, 092301-4-005-2006, 092301-4-003-2008,
092301-4-002-2009, 162301-1-021-2003, 162301-1-020-2004, 162301-1-019-2007, as
depicted in Appendix A and legally described in Appendix B. The Property consists of
approximately 369.68 acres and the proposed future use is residential.
(9) "Vesting Date" refers to January 15, 2013, the date whichthe parties agree
should be the date on which the Development Standards for the Property should be vested
as described below..
(10) "Vested Development Standards" means the Development Standards in
effect on the Vesting Date, except as modified by the requirements set forth in Section 3
of this Agreement.
2. Status of Land Use Applications:
The City acknowledges and accepts the following status of land use approvals relating to
the Property:
a. Planning Parcels C-M. Planning Parcels C-M as depicted on the site plan
attached as Appendix A (the "Site Plan"), are all the subject of preliminary plats approved by
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Kitsap County as McCormick Woods Phases III, IV and V. Those preliminary plats were
approved in sequence, and there are some overlaps in the property included in the three plats.
Further, the later plat approvals by Kitsap County modified certain elements approved with prior
preliminary plats. The Site Plan represents a consolidation and clarification of all prior
approvals for Planning Parcels C-M. The City hereby adopts and approves the Site Plan as the
approved preliminary plat map for all of the development in Planning Parcels C-M. Final plats
and other development approvals consistent with the Site Plan may occur consistent with this
Development Agreement and with applicable provisions of the Port Orchard Municipal Code.
b. Planning Parcels A and B. Planning Parcels A and B as depicted on the Site Plan
are neither benefited nor restricted by this Development Agreement. Those properties are set
aside for future development in accordance with then -applicable development regulations and
other provisions of the City's Municipal Code, and are not governed by the terms and conditions
of this Agreement.
3. Development Standards:
All development and use of The Property, including all permitted land uses, shall be
reviewed, approved and conditioned based exclusively on the Development Standards in effect
on the Vesting Date, with the following changes:
a. Minimum Residential Lot Size: The minimum residential lot size for the Property
shall be 3,000 square feet.
b. Sprinkler Requirements. Although the City currently requires that homes served
by private roads be built with fire sprinkler systems, this requirement shall not apply to the
private roads listed on Appendix E and E-1 as private roads and any other privates roads in The
Property which are maintained by the homeowners association. However, if the City, at some
future date, adopts an ordinance requiring sprinklers in all new single family residential units,
that requirement shall apply to homes for which building permit applications are submitted after
the effective date of the ordinance.
C. Landscaping The City and County have different requirements for provisions of
open spaces and landscaping. In order to maintain appearance and consistency and provide
uniformity, the City and GEM 1 agree that the Property will be landscaped and developed in a
manner consistent with the existing development. In order to accommodate this, development on
lots within The Property shall be exempt from the provisions of the Port Orchard regulations
POMC 16.50.130 and POMC 16.50.180 through 16.50.220, as now or hereafter amended, and
shall instead meet the requirements of Kitsap County Code Chapter 17.385 as adopted on the
Application Date. Appendix D is said Kitsap County Code Chapter 17.385
d. Final plat - Minor Modifications. McCormick Woods was designed and approved
based on Kitsap County's system for approval of minor modifications to the preliminary plat
during the final plat review and approval process. The parties recognize that the City's standards
for distinguishing between minor modifications, which may be approved by the staff, and major
modifications, which require re -review by the Hearing Examiner, are more stringent than the
County's. During the final plat process for The Property, the City staff is authorized to permit
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minor modifications without the necessity of further review by the Hearing Examiner so long as
the modification does not (1) increase the number of authorized homes, (2) increase traffic
volumes above the volume contemplated, (3) require modification or alteration of a critical area
or buffer that was not contemplated or as allowed by code for buffer averaging and/or reduction,
(4) increase the volume or rate of discharge of stormwater above that contemplated by the
preliminary/ final SDAP drainage plan or Vested Development Standards or (5) reduce the
amount of open space or recreational facilities contemplated.
e. Stormwater Management Standards. Stormwater management control standards
for each development parcel within the Property are detailed in Appendix C, C-1, and C-2.
There are three categories of stormwater control:
• Existing stormwater management facilities utilize regional drainage control
infrastructure facilities approved and constructed in accordance with the
McCormick Woods Master Drainage Plan. These regional facilities will
continue to be used for stormwater management within Phases III, IV, and V
preliminary plats.
• Facilities to be constructed but currently approved as part of existing land -
use or site development permits.
• New facilities not yet approved but to be constructed to the standards in effect
on the Vesting Date.
In order to implement this agreement, the City and GEM 1 agree that the following
stormwater management facilities and facility design standards shall be deemed the stormwater
management standards for development in The Property:
(1) Areas draining to existing Master Drainage Plan regional facilities may
drain to those facilities without any additional water quantity control improvements. Water
quality treatment facilities shall be provided for any new development in these areas through new
water quality improvements or BMP's consistent with City of Port Orchard Standards in effect
on the Vesting Date.
(2) Areas draining to Stormwater management facilities that have site
development activity permits in effect as of the Vesting Date may utilize those facilities as they
have been permitted without further modification.
(3) Areas draining to receiving waters with no existing facilities or approved
site development permits shall have new stormwater control facilities meeting City standards in
effect on the Vesting Date.
f. Road Cross Sections. Road sections shown in Phases III, IV, and V are designed
to be consistent with the existing road infrastructure in the McCormick Woods development in
order to provide uniformity of appearance and consistency. The roads will be public and will be
owned and maintained by the City, with the exception of the private access tracts. The road
names and corresponding road cross sections are shown in Appendix E and El.
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(1) Road Sections 1 through 3 are the approved sections for St Andrews Drive
SW, a future dedicated public Right -of -Way.
(2) Road Section 4 is the approved section for Hawkstone Avenue SW, a
connector road between St. Andrews Drive SW and Hawkstone Avenue SW.
(3) Road Sections 5 through 7 are the main access roads throughout The
Property.
h. Zoning and Uses. Future development in The Property shall be subject to the
underlying City Zoning designation and associated land use codes and development regulations
in Port Orchard Municipal Code in effect on the Vesting Date.
4. Term of Agreement.
a. Because the completion of The Property is expected to take considerably longer
than the development of a single plat and because the City of Port Orchard and GEM 1 all desire
that these properties be developed in a coordinated manner, including regional storm water
treatment, the vesting of Development Standards shall be valid for a period of fifteen years from
the Effective Date unless extended or terminated as provided herein. The City may grant a
single five year extension if requested by GEM 1 and if the City finds that GEM 1 has made a
reasonable effort to complete the final plat process, recognizing that the timing of development is
dependent on market conditions, the availability of financing and various other factors beyond
the control of the parties to this Agreement. Any further amendment of the Agreement requires
approval by both parties in the same manner and a new Development Agreement. Final plat
approval may be granted for portions of The Property, provided such final plat recording for all
of the Property shall occur within the time periods established by this Section.
b. The City acknowledges the following Site Development Permits covering
portions of the Property were issued by The City: SDAP # PW12 00447, and SDAP # PW 09-
00220. These two permits are for various projects designed to implement the coordinated
development and implementation of the regional storm water treatment and/or regional roadways
and a soils management site. In that these plans cover large areas and regional type
improvements, it is expected that the development could take longer than the development of a
single individual plat. Therefore, the above listed permits shall be valid for a period of seven
years from the Effective Date. Notwithstanding any other provision of this Agreement, any work
covered by these Site Development Permits shall be governed exclusively by the permits and the
code provisions under which they were issued, and that work shall not be subject to any other
standards, codes or regulations.
5. Phasing.
GEM 1 shall be allowed to develop the property in phases, with the phases being allowed to
occur in such sequence as GEM 1 deems necessary in order to meet economic demands.
Provided, however, GEM 1 must complete in each phase the improvements that are determined
necessary by the City to adequately protect the public health and safety with regards to
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pedestrian and traffic circulation, emergency access, stormwater management, and utilities as
they relate to the proposed phase.
6. Default.
No party shall be in default under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default shall allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete
cure. Each notice of default shall specify the nature of the alleged fault and the manner in which
the default may be cured satisfactorily. After notice and expiration of the thirty (30) day period,
if such default has not been cured or is not being diligently cured in the matter set forth in the
notice, the other parry to this Agreement may, at its option, institute legal proceedings pursuant
to this Agreement. A parry not in default under this Agreement shall have all rights and remedies
provided by law or equity, including without limitation: issuance of a stop work order,
injunction, damages, action for specific performance, or to require action consistent with this
Agreement. Nothing herein will operate to prevent either party from taking legal action regarding
noncompliance that threatens public health, safety or welfare prior to the expiration of the thirty
(30) day cure period following notice of default. No such action or preceding will operate to
automatically terminate this Agreement, nor shall it release either party from any promise or
obligation herein nor shall it release either party from any liability or obligation with respect to
any breach of this Agreement occurring prior to the commencement of any legal action by a
ply.
7. Termination. This Agreement shall expire and/or terminate as provided below:
a. This Agreement shall terminate upon the expiration of the term identified in
Section 4 or when the Property has been fully developed, which ever first occurs, and all of the
GEM 1's obligations in connection therewith are satisfied as reasonably determined by the City.
b. This Agreement shall terminate and be of no further force and effect as to any
single-family residence, any other residential dwelling unit, or any non-residential building and
the lot or parcel upon which such residence or building is located, when it has been approved by
the City for occupancy.
8. Effect of Termination.
a. Termination of this Agreement as to GEM 1 and the Property, or any portion
thereof, shall not affect any of GEM 1's obligations to comply with the City's Comprehensive
Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other
land use entitlements approved with respect to the Property, any other conditions of any other
development specified in the Agreement to continue after the termination of this Agreement or
obligations to pay assessments, liens, fees, or taxes.
b. Upon termination of this Agreement, the entitlements, conditions of development,
limitations on fees and all other terms and conditions of this Agreement shall no longer be vested
hereby with respect to the Property, or any portion thereof; provided, however, that vesting of
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such entitlements, conditions, or fees may then be established for such property pursuant to then
existing planning and zoning laws.
9. Notices.
All notices required by this Agreement shall be deemed delivered to the respective party on the
date that it is personally delivered to the address (es) set forth below, or on the date that it is
successfully sent by facsimile transmission to the facsimile number(s) set forth below:
City:
City Development Director
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4991
Facsimile: 3 60-876-4980
With a copy to: Gregory A. Jacoby
City Attorney
P.O. Box 1317
Tacoma, WA 98401
Phone: 253-627-1181
Facsimile: 25 3 -627-2247
GEM 1 Doug Skrobut
McCormick Land Company
4978 SW Lake Flora Road
Port Orchard, WA 98367
Phone: 360-876-3395
Facsimile: 360-876-3511
With a copy to: LA/-►t� Co^-A.PAr-3 K
MA,4A4EA-, GE C e-t-c-
<g<kSCD CAL- D4, Sv.\-rE 2-0 %
cA gs62,g
10. Reimbursement for Agreement Expenses of the City.
GEM 1 agrees to reimburse the City for actual expenses incurred over and above fees paid by
GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording
fees, publishing fees, and reasonable consulting and legal fees not otherwise included within
application fees. This Agreement shall not take effect until the fees provided for in this section
are paid to the City. Such payment of all fees shall be paid, at the latest, within thirty (30) days
from the City's presentation of a written statement of charges to GEM 1.
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11. Amendments.
No change or modification of this Agreement shall be valid unless the same is in writing and is
signed by authorized representatives of the City and GEM 1. Provided, that any such amendment
shall follow the process established by law for the adoption of a development agreement, as set
forth in RCW 36.7013.200. No purported or alleged waiver of any of the provisions of this
Agreement shall be binding or effective unless in writing and signed by the party against whom
it is sought to be enforced.
12. Serious Threat to Public Health and Safety.
Pursuant to RCW 36.70B.170(4), the City reserves the authority to impose new or different
regulations affecting the Property, including but not limited to amendments to the
Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations, to the
extent required by a serious threat to public health and safety.
13. Recording; Binding Effect; Assignment.
This Agreement and any subsequent amendments thereto shall be recorded with the Kitsap
County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any
subsequent amendments thereto. The rights, obligations, conditions and interests set forth in this
Agreement shall run with the land and shall inure to the benefit of and be binding upon GEM 1,
and its heirs, personal representatives, successors and assigns and shall benefit the properties
described in Appendix B. GEM 1 shall have the right to convey, assign, apportion or otherwise
transfer any and all of its rights, obligations, conditions, and interests under this Agreement.
Provided, however, thirty (30) days in advance of the effective date of GEM 1's conveyance,
assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must
provide notice to the City of the same.
14. Relationship of the Parties.
Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or
obligations which may derive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or
obligations of the other parties, it being the intention of this Agreement merely to create the
agreements set forth herein.
15. Third Party Legal Challenge.
In the event any legal action or special proceeding is commenced by any person or entity other
than a party to this Agreement, and a party's successor or assigns, to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to GEM 1 and its successors or assigns. In such event, GEM 1 and its
successors or assigns shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to attorney's fees and expenses of litigation, and damages awarded to the prevailing
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party or parties in such litigation. GEM 1 and its successors or assigns shall not settle any lawsuit
without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
16. Specific Performance.
The parties specifically agree that damages are not an adequate remedy for breach of this
Agreement, and that the parties are entitled to compel specific performance of all material terms
of this Agreement by any party in default thereof.
17. No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties hereto
and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
18. Applicable Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. Any action with respect to this Development Agreement shall be brought in Kitsap
County Superior Court, Port Orchard, Washington.
19. Multiple Originals.
This Agreement may be executed in multiple copies, each of which shall be deemed an original.
20. Entire Agreement; Construction.
This Agreement constitutes the entire agreement of the parties and incorporates all prior
discussions and agreements. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive the general rule of construction
that an agreement shall be construed against its drafter.
21. Attorney's Fees.
In the event that any party to this Agreement brings a lawsuit against any other party in order to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing party in
any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to
any other available remedy.
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IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
CITY OF PORT ORCHARD
By
Tim Matthes, Mayor ppRT
oaP oq Rcy%
a . Gq�, 9
ATTEST:
0
Y �'•�
City kJer• • • �,
APPROVED AS TO FORM:
By
Gregory A. J my,
City �Yorney
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
GEM 1 /LLC
By ( �--@-
Its
Michael F. McKeman
PRESIDENT
GRANITE LAND COMPANY
I certify that I know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
of GEM 1, LLC to be the fee and voluntary act of such party for the
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this day of 20_
STATE OF WASHINGTON )
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
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ss.
COUNTY OF KITSAP
I certify that I know of have satisfactory evidence that Tim Matthes is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledge it as the Mayor of
the City of Port Orchard to be the fee and voluntary act of such party for the purposes mentioned
in the instrument.
SUBSCRIBED AND SWORN to before me this 7 day o f k9-nt-2013.
E F1 O
�A OTARY PUBLIC in for the State of
�AOTARY N'•
lashington, residing at )
N PUBLIC = My appointment expires: 11 I'll)
AS\A
I
Page 12 of 12
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ACKNOWLEDGMENT
State of California
County of Sacramento
On September 12, 2013 before me, Judy L McCurry, Notary Public
(insert name and title of the officer)
personally appeared Michael McKernan
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu
(Se
U DY L. MCCURRY
_ A Commission #t 1994440
4 ,Ps Notary Public - California
c -a` y
z`-
My Comm. Expires Oct 19, 2016
Z Sacramento County
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APPENDIX B
April 24, 2013
LEGAL DESCRIPTION
FOR
GEM1, L.L.C.
AMENDMENT TO MCCORMICK WOODS PHASES III, IV, & V PRELIMINARY PLATS
Those portions of the South half of the Southeast quarter and the South half of the
Southwest quarter of Section 4, and the Northwest quarter, the Northeast quarter, the Southeast
quarter and the East half of the Southwest quarter of Section 9, and the West half of the
Northeast quarter of Section 16, all in Township 23 North, Range 1 East, Willamette Meridian,
described as follows:
Parcel A of Boundary Line Adjustment Recorded under Auditor's File Number
200512300304, Records of Kitsap County, Washington.
EXCEPT that portion of the South half of the Southwest quarter of Section 4 and the
North half of the Northwest quarter of Section 9, Township 23 North, Range 1 East, W.M., and of
Tract "D" Second Amended Plat of McCormick Woods, according to the plat thereof, recorded in
Volume 26 of Plats, Pages 189 through 196, inclusive, records of Kitsap County, Washington
described as follows:
Beginning at the most Northerly corner of said Tract "D", Second Amended Plat of
McCormick Woods, according to Plat thereof, recorded in Volume 26 of Plats, Pages 189 through
196, inclusive, Records of Kitsap County, Washington:
Thence S 1005318" W, along the West line of said Tract, a distance of 80.02 feet to a
point on the Northerly right of way margin of the McCormick Woods Loop Road per deed
recorded under Auditors File No. 9407220144, said point being on the arc of a curve, the center
of which bears S 79°06'42" E;
Thence Southeasterly along said Northerly right-of-way margin, along the arc of a curve
to the left said curve having a radius of 25.00 feet, though a central angle of 90000'00" a distance
of 39.27 feet;
Thence S 79006'42" E continuing along said Northerly right-of-way margin a distance of
13.79 feet to a point of curve;
Thence continuing along said Northerly right-of-way margin, along the arc of a curve to
the left said curve having a radius of 445.00 feet, through a central angle of 13052'14," a distance
of 107.73 feet to a point of compound curve, said point being on the Northerly right of way margin
of the McCormick Woods Loop Road per deed recorded under Auditors File No. 3204706;
Thence Easterly along said Northerly margin, and along the arc of a curve to the left, said
12161GEM1114-X-1135.0.00C Prepared by:
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curve having a radius of 783.23 feet, through a central angle of 33°52'14" a distance of 463.01
feet to an angle point of said margin and of the Northerly right of way margin of the McCormick
Woods Loop Road per deed recorded under Auditors File No. 200608070089;
Thence N 53008'50" E along said Northerly margin a distance of 92.02 feet;
Thence N 10058'28" W, departing said Northerly margin, a distance of 89.04 feet;
Thence N 02059'52" W a distance of 118.74 feet;
Thence N 19038'00" E a distance of 66.06 feet;
Thence N 39004'54" E a distance of 80.98 feet;
Thence N 23046'00" E a distance of 174.74 feet;
Thence S 84'52'10" E a distance of 236.10 feet to a point on the boundary of a parcel of
land conveyed to the City of Port Orchard under Auditor's File No. 3135714, and a point on the
arc of a curve, the center of which bears S 70033'02" E;
Thence Northeasterly, along the Westerly line of said parcel, along the arc of a curve to
the right, said curve having a radius of 100.00 feet, through a central angle of 23D23'55" a
distance of 40.84 feet to a point on the West line of Parcel "B" of Kitsap County Declaration of
Boundary Line Adjustment as recorded under Recording Number 200506170388;
Thence N 59°39'52" W, along said West line, a distance of 183.98 feet;
Thence N 05'41'16" W continuing along said West line a distance of 187.66 feet;
Thence N 47155'36" W continuing along said West line a distance of 26.83 feet;
Thence N.86°37'44" W continuing along said West line a distance of 25.13 feet;
Thence N 0604723" W continuing along said West line a distance of 392.67 feet to the
Southerly right-of-way margin of Old Clifton Road;
Thence S 63'08'19" W, along said margin, a distance of 584.37 feet to the Easterly right
of way margin of McCormick Woods Dr. S.W. as established by said Second Amended Plat of
McCormick Woods;
Thence continuing along said Easterly margin the following courses and distances:
S 58°28'57" W a distance of 262.29 feet to a point of curve;
Southerly along the arc of a curve to the left, said curve having a radius of 50.00 feet,
through a central angle of 77D48'57" a distance of 67.91 feet;
S 19020'00" E a distance of 12.82 feet to a point of curve;
Southerly along the arc of a curve to the right, said curve having a radius of 890.00 feet,
through a central angle of 01 021'20" a distance of 21.06 feet;
S 09°07'39" E on a non -tangent bearing a distance of 104.53 feet to a point of curve, the
center of which bears S 78°45'46" W;
Southerly along the arc of a curve to the right, said curve having a radius of 880.00 feet,
through a central angle of 07028'50" a distance of 114.89 feet;
S 03045'24" E a distance of 269.44 feet to a point of curve;
Southerly along the arc of a curve to the right, said curve having a radius of 880.00 feet,
through a central angle of 14038'42" a distance of 224.93 feet;
S 10115318" W a distance of 85.78 feet to the Point of Beginning.
AND EXCEPT that portion thereof granted to Kitsap County for Right -of -Way by Deed
Recorded under Auditor's File Number 200608070089, Records of Kitsap County, Washington.
AND TOGETHER WITH Lot A of Boundary Line Adjustment Recorded under Auditor's
File Number 200711060175, Records of Kitsap County, Washington.
12161GEM1 1 14-X-1 135-O.DOC Prepared by:
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AND TOGETHER WITH Parcel 1, Parcel 2, Parcel, 3, Parcel 4, Parcel 6, Parcel 7, Parcel
8 and Parcel 10 all of the 20 Acre Land Segregation Recorded under Auditor's File Number
200612270418, Records of Kitsap County, Washington,
AND TOGETHER WITH Parcel 5, of the 20 Acre Land Segregation Recorded under
Auditor's File Number 200612270418, Records of Kitsap County, Washington.
EXCEPT that portion thereof granted to Kitsap County for Detention Pond Recorded
under Auditor's File Number 200610090200, Records of Kitsap County, Washington.
AND TOGETHER WITH Lot B of Boundary Line Adjustment Recorded under Auditor's
File Number200811100041, Records of Kitsap County, Washington.
12161GEM1114Prepared by: X-1135 O.DOC GOLDSMITH
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APPENDIX C
MCCORMICK WOODS PHASES III, IV, AND V PRELIMINARY PLATS
Stormwater Management Control Plan Facilities Matrix
August 19, 2013
Parcel
Number
Parcel
Storitiwatelr Management Control Plan Facilities
ID
of Lots.
Size
C
48
13.58 Ac
■ Stormwater Control Facility #40 - Existing Master Drainage
Plan Facility
■ Water Quality standards in effect on Plat Amendment
Application Date applied to two (2) proposed facilities
Parcel C- East Pond and C-West Pond. .
D
172
72.65 Ac
■ Currently Approved Stormwater Control Facility RC-8 and
Phase V Division 1 Pond.
E
55
28.08 Ac
■ Currently Approved Stormwater Control and Water Quality
Control Facility for Parcel E Pond.
F
45
21.15 Ac
■ Currently Approved Stormwater Control Facility RC-3N
H
42
27.56 Ac
■ Currently Approved Stormwater Control Facility for a
portion of the site - Facility RC-3N
J
30
50.45 Ac
■ Currently Approved Stormwater Control Facility RC-3N
K
7
11.24 Ac
■ Existing Stormwater Control Facility— Existing Master
Drainage Plan Facility RC- 3
L
34
50.12 Ac
■ Currently Approved Stormwater Control Facility RC-5 and
Existing Pond A and Pond B (associated with the
McCormick Woods Drive SW extension connector road /
constructed facilities).
M
13.94 Ac
Existing Stormwater Control Facilities Pond A and Pond B
Soils Management
Site & Future Open
Space
M
92
71.86 Ac
Water Quality and Water Quantity Standards in effect on
Plat Amendment Application Date and Existing Stormwater
Control Facility Pond A.
TOTAL LOTS = 525
Appendix C Stormwater Control Plan Facilities matrix Updated 081913.doc is GOLDSMITH
LAND DEVELOPMENT SERVICES
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APPROVED-
RC-5 POND
RC-3N POND
�,nC-3XISTING POND
7
rraam uaE�
AT McC64U1L1: � �
EXISTING
l\
POND B
EXISTING', ,
POND A�j
A
I`•.O•• D
LEGEND
STORMWATER CONTROL FAQLTTY
IK N�Ih
APPROVED I CONSTRUCTED
FLOW CONTROL DESIGNED PER MCCORMICK WOODS MASTER DRAINAGE PLAN.
WATER QUALITY TREATMENT DESIGNED TO THE 2005 DOE SWMM FOR WESTERN
WASHINGTON AS ADOPTED SYTHE COPO.
FLOW CONTROL AND WATER QUALITY TREATMENT DESIGNED TO
THE 2005 DOE SWMM FOR WESTERN WASHINGTON AS ADOPTED BY
THE COPO.
STORMWATER MANAGMENT CONTROL FACILITIES PLAN
® FOR
GOLDSMITH MCCORMICK WOODS PHASES III, IV AND V PRELIMINARY C-
LAN5 DEVELOPMENT SERVICES
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APPENDIX D
MCCORMICK WOODS
PHASES III, IV AND V PRELIMINARY PLATS
KITSAP COUNTY CODE —CHAPTER 17.385 — LANDSCAPING
August 20, 2013
Chapter 17.385
LANDSCAPING
Sections:
17.385.010
Purpose.
17.385.020
Landscape plans.
17.385.025
Landscaping requirements.
17.385.027
Buffer types — When required.
17.385.030
Installation and maintenance.
17.385.040
Drought -tolerant landscaping.
17.385.050
(Repealed)
17.385.060
Building facade plantings.
17.385.070
Slope plantings.
17.385.080
Community themes.
17.385.010 Purpose.
This section shall establish landscaping standards for all development subject to the
requirements for permitted, conditional use or performance based development. Single-
family plats shall be exempt, except that landscaping required as a condition of plat
approval shall be installed to specifications contained herein.
(Ord. 415 (2008) § 161, 2008: Ord. 367 (2006) § 106, 2006: Ord. 216 (1998) § 4 (part),
1998)
17.385.020 Landscape plans.
Landscape plans required for an application shall be prepared as set forth in this section.
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A. Landscape plans are to be neatly and accurately drawn, at a scale that will enable
ready identification and recognition of information presented.
B. The landscape plan shall show how all disturbed areas are to be replanted (where
landscaping is required) including the location and variety of all trees, shrubs and ground
cover.
C. The plan shall be accompanied by a plant schedule (list of plant materials used) which
depicts the botanical name, common name, size at installation and spacing between
individual plants shown on the plan.
D. All plans shall include the following notations:
1. Plant quantities to be determined by required spacing.
2. All planting beds are to receive ground cover throughout except as noted.
E. The landscape plan shall depict areas to be retained in natural vegetation and marked
with the words "Native Growth Protection Easement, Existing Native Vegetation to
Remain" and refer to the following notation, which is to be included on the landscape and
site plans, or in the case of subdivisions, the final plat document.
The "Native Growth Protection Easement Note" is intended to protect a sensitive area or
provide and preserve a vegetated buffer by means of restricting activities which affect the
vegetation existing in that area. The statement, "Existing Native Vegetation to Remain" is
intended to differentiate between native vegetation and naturalized, non-native vegetation
which naturally occurs through reseeding. Native vegetation is that which has existed in
the region and was not introduced to the area by people. Examples include; Douglas fir,
Salal and Alder. Naturalized vegetation is a species that was introduced to the area and has
spread to the extent that it occurs and propagates itself without being directly planted by
people. Examples include: Scotch Broom, Himalaya Blackberry and Purple Loosestrife.
(Ord. 216 (1998) § 4 (part), 1998)
17.385.025 Landscaping requirements.
In all cases where landscaping is required, a minimum of fifteen percent of the total site
area shall be landscaped to the standards set forth in Chapter 17.385.
(Ord. 216 (1998) § 4 (part), 1998)
17.385.027 Buffer types - When required.
The director may require different buffer types depending on the proposed use of the site
and adjacent zones and/or uses. These types shall include:
A. Landscaping Buffer.
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1. Required along existing or planned roads within urban growth areas. The planting area
shall encompass the required front setback area and consist of:
a. Evergreen and/or deciduous trees;
b. Evergreen shrubs planted to screen parking areas, in an amount and configuration to
screen parked cars;
c. Ground covers as required;
d. Bioswales and other drainage features are allowed, only when in a configuration that
preserves the integrity of the roadside planting; and
e. Retention of natural vegetation, where feasible.
2. Required along the perimeters of multi -family residential (ten dwelling units an acre or
more), commercial, and industrial/business center development which abut like zones or
uses. Installation shall vary in numbers and types of vegetation and structures depending
on the proposed use and surrounding zones. Trees, shrubs, ground covers and/or fencing
are to be provided as required.
B. Screening Buffer.
1. Required along the perimeters of multi -family residential (ten dwelling units an acre or
more), commercial, and industrial/business center development abutting different uses
and/or zones. The buffer shall provide sight -obscuring screening between different uses or
zones and shall consist of:
a. Two offset rows of evergreen trees planted ten feet on center and ground cover; or
b. A six-foot screening fence and a single row of evergreen trees planted ten feet on
center, and ground cover.
2. Required for residential subdivisions or commercial development abutting a rural
zone, a buffer of twenty-five to fifty feet of sight -obscuring, screening vegetation shall be
provided. The director may modify this requirement after evaluating the effects of wind -
throw or other safety concerns. In the event that the buffer will only contain high -
branching trees which allow visibility through the buffer, a row of evergreen trees planted
ten feet on center may be required along the highest point of the buffer.
3. Required around the perimeter of storm drainage facilities to provide sight -obscuring
screening from adjacent properties and/or roadways, and consist of:
a. A row of large shrubs and ground cover;
b. A row of evergreen trees planted ten feet on center and ground cover; and/or
c. An evergreen vegetation buffer sufficient to provide screening.
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4. Retention of screening vegetation, where feasible.
5. Other vegetation types and/or configurations that meet the intent of this screening
buffer may be approved by the director.
(Ord. 415 (2008) § 162, 2008)
17.385.030 Installation and maintenance.
Installation and maintenance of landscaping of developments shall be in accordance with
the American Nursery Landscaping Association standards.
A. Plant materials shall be nursery stock or the equivalent quality and installed to
industry standards or better.
B. Landscape plant materials shall be staked to current industry standards or better.
Stakes and guy wires shall not interfere with vehicular or pedestrian traffic.
C. Minimum Sizes at Installation.
1. Two-inch caliper street trees and other deciduous trees;
2. Eight feet minimum height multi -stemmed trees (e.g., Vine Maple);
3. Six feet minimum height coniferous trees;
4. Eighteen to twenty-four inches height for large and medium shrubs (over six feet at
maturity);
5. Twelve to eighteen inches minimum height for small shrubs (three to six feet at
maturity); and
6. Drought -tolerant landscape areas shall be subject to the size requirements in Section
17.385.040.
D. Maximum spacing:
1. Street trees and other deciduous trees shall be spaced appropriate to their pattern,
generally twenty-five to thirty feet on center for large trees.
2. Coniferous trees shall be spaced fifteen feet apart, unless they are within a screening
buffer, where the maximum spacing shall be ten feet on center.
3. Large shrubs shall be spaced five feet on center.
4. Medium shrubs shall be spaced four feet on center.
5. Small shrubs shall be spaced three feet on center.
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E. Ground covers (bark and mulch shall not be considered as ground cover) are required
in all planting areas, unless the entire bed is planted with shrubs that branch out so that
they cover the surface of the ground. Spacing shall be as follows:
1. One -gallon pots, twenty-four inches on center;
2. Four -inch pots, eighteen inches on center;
3. Two -and -one -quarter -inch pots, twelve inches on center; and
4. Grass and sod areas to be one hundred percent.
F. Vegetation removal in native growth protection easements is limited to the following
cases:
1. Hand removal of naturalized species. No machinery is to be used, except for hand-held
implements which do not disturb the native vegetation or soil;
2. Falling of trees which may present a danger to life or property. Removal of said trees
is to be done only with written approval from the county. To solicit said approval, a letter
and photograph or detailed plot plan of the area, with all trees to be removed marked on the
photo or plan, shall be submitted to the department of community development; and
3. Other activities expressly allowed as a condition of approval.
G. Slopes in landscape areas shall not exceed 3:1 unless specifically approved by the
director. Erosion control netting or alternative procedure may be required for slopes
exceeding 3:1.
H. Automatic irrigation systems shall be required for all landscape areas except for those
designed and approved as drought -tolerant plantings. In unique circumstances alternative
methods of irrigation may be approved if specifically proposed as part of the landscape
plan.
I. All planting beds shall receive topsoil or soil amendments as needed to maintain the
plants in a thriving condition.
J. All planting beds shall receive a minimum of two inches of bark mulch, or approved
substitute.
K. Landscaping required under the provisions of this title shall be maintained in a
healthy growing condition.
L. Landscaping lost due to violations of this title or unforeseen natural events shall be
replaced immediately with vegetation that is sufficient in size and spacing as required by
this title.
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M. All landscaping required by this title shall be installed prior to the issuance of any
final certificate of occupancy permit, unless specifically approved by the director and
installation is bonded (or other method), for a period not to exceed six months, in an
amount equal to one hundred fifty percent of the cost of material and labor.
N. Wetland mitigation plantings are not considered to be a part of the landscaping
requirements.
(Ord. 415 (2008) § 163, 2008: Ord. 216 (1998) § 4 (part), 1998)
17.385.040 Drought -tolerant landscaping.
Drought -tolerant landscaping (xeriscaping) is encouraged as a means of reducing the
amount of water use. Xeriscaping reduces maintenance costs by reducing the amount of
water used and by avoiding long-term maintenance of an irrigation system. Xeriscaping is
especially encouraged on large sites and in those parts of a site separated from public
streets and walkways. Drought -tolerant landscaping shall be installed and maintained as set
forth in this section.
A. There shall be provisions made for irrigation in the first two years following planting.
This may include a temporary sprinkler system, or an approved means of manual
irrigation. Manual irrigation methods shall be detailed in a written plan, included as a note
on the landscape plan and accompanied by a maintenance bond in an amount determined
by the director.
B. Minimum sizes at installation:
1. One -and -one -half -inch caliper deciduous trees;
2. Four -foot minimum height multi -stem trees;
3. Four -foot minimum height coniferous trees;
4. Twelve inches minimum height for medium and large shrubs; and
5. One -gallon pot size for small shrubs.
C. Ground cover is required as in Section 17.385.030(E).
D. All plants selected shall be species generally accepted as drought -tolerant in the
industry as drought -tolerant varieties.*
(Ord. 216 (1998) § 4 (part), 1998)
* Editor's Note: The list of drought -tolerant plants for landscaping may be obtained from
the department of community development.
17.385.050 (Repealed)*
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* Editor's Note: Former Section 17.385.050. "Landscape -buffer types," was repealed by
§ 164 of Ord. 415 (2008). Section 4 (part) of Ord. 216 (1998) was formerly codified in this
section.
17.385.060 Building facade plantings.
Building facade plantings are intended to provide visual relief for buildings and shall be
required adjacent to all building walls except those adjacent to service areas or unless
specifically exempted by the director. Building facade plantings shall be provided over two
thirds (or greater) of the horizontal distance of the wall and consist of. -
A. A minimum four -foot -wide planting area containing shrubs and ground cover; and
B. Trees within the planting area, or within tree gates set into a walkway, when
determined necessary.
(Ord. 415 (2008) § 165, 2008: Ord. 216 (1998) § 4 (part), 1998)
17.385.070 Slope plantings.
Slope plantings are intended to re -vegetate slopes (which do not require planting as any
other required buffer) and shall consist of a mixture of plantings and seedling trees planted
at an average spacing of ten feet on center. This shall not reduce the need for hydro -
seeding required for erosion control or other purposes.
(Ord. 216 (1998) § 4 (part), 1998)
17.385.080 Community themes.
Certain areas may have preferred planting schemes due to a community plan or other
adopted design theme. Required landscape areas shall utilize plant materials and design
concepts consistent with the local plan.
(Ord. 216 (1998) § 4 (part), 1998)
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McCORMICK WOODS DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-27-2012 XI
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McCORM1CK WOODS DEVELOPMENT AGREEMENT
ROAD SECTIONS
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McCORMICK WOODS DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-27-2012
APPENDIX D-1
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LAND DEVELOPMENT SERVICES
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PAGE 3 of 3
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APPENDIX E
MCCORMICK WOODS
PHASES III, IV, AND V PRELIMINARY PLATS
Road Names and Associated Road Sections
August 19, 2013
ROAD NAME
ST. ANDREWS DRIVE SW
ST. ANDREWS DRIVE SW
ST. ANDREWS DRIVE SW
HAWKSTONE AVENUE SW
ROAD B
ADARE STREET SW
SHELBOURNE PLACE SW
COOLRAIN PLACE SE
RORY AVENUE SW
KINSALE PLACE SW
HIBERNIA AVENUE SW
BUNDORAN PLACE SW
BANTRY BAY LOOP SW
ROAD D
ROAD E
ROAD F
ROAD G
ROAD
ROAD J
ROAD K
SHELBOURNE PLACE SW (LOOP PORTION)
ROAD C (PARCEL E)
ROAD E (LOOP PORTION)
ROAD H
ROAD K (CUL-DE-SACS)
ROAD L
ROAD M
AC-1 THRU AC-13
Appendix E Road Names & Associated Road Sections 081913.doc
ROAD SECTION
1
2
3
4
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
6
6
6
6
6
6
6
7
GOLDSMITH
LAND DEVELOPMENT SERVICES
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APPENDIX F
DEVELOPMENT AGREEMENT FOR McCORMICK WOODS
August 20. 2013
Preliminary
# of Lots in
Planning
# of Lots
Approved Development
Plat
Preliminary
Parcels
in
Permits
Phase
Plat
Planning
Parcels
III
152
C, E, F
148
SDAP for Parcel E
Water/Sewer plans for Parcel E
SDAP for St. Andrews Drive
Water/Sewer for St. Andrews
Drive
IV
118
L, M
126
SDAP for Parcel L
V
294
D, J, H,
251
SDAP for Parcel D
K
Water/Sewer plans for Parcel D
SDAP for St. Andrews Drive
Water/Sewer for St. Andrews
Drive
Total
564
525
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McCormick Woods
Phases III, IV and V Preliminary Plats
Underlying Tax Lots with Parcel ID and Acreage
August 19, 2013
!092301-1-003-2004
Parcel C
Parcel G
14.35
042301-4-029-2003
Parcel D
73.32
092301-1-006-2001
Parcel E
29.89
092301-1-005-2002
Parcel F
23.18
092301-4-004-2007
Parcel H
28.33
092301-1-009-2008
Parcel J
Parcel K
73.37
092301-4-005-2006
Parcel D
19.82
092301-4-003-2008
Parcel L
21.63
092301-4-002-2009
Parcel M
20.21
162301-1-021-2003
162301-1-020-2004
162301-1-019-2007
Parcel M
Parcel M
Parcel M
26.09
19.79
19.73
13 Tax Parcels
369.71 Acres*
*The acreage of the underlying tax lots is greater than the overall acreage for
Phases III, IV and V McCormick Woods Preliminary Plats. Portions of these tax lots
are not included within the plat boundaries.
12161 Ph III IV V AltTax Lots Parcel Names Acreage 081913.doc
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Name and Full Address
Doug Skrobut
4978 SW Lake Flora Rd
Port Orchard, WA 98367
Please print neatly or type information.
DOUG SKROBUT 201112190136
Agreement Rec Fee: $ 90.00
12/19/2011 12:11 PM Page: 1 of 29
Walter Washington, Kitsap Co Auditor
11111111111111111111 IIII 1111111 I I I I I I I111 I I I 111111111111111111111111111111111111 I I I I 11111 1111
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
Document Title(s):
Annexation Agreement 1 Development Agreement
Additional reference Ws on page:
Reference Number(s) of related documents:
Grairtor(s):
GEM1 LLC
City of Port Orchard
Grantee(s):
Additional Grantors on Page: _
Additional Grantee on Page:
Legal Description (abbreviated form: i.e. Plat name, lot, block, section, township, range, quarter/quarter).
Portions of T23N, S 5,7,8 & 17,R1 E W.M. See page 14 for additional
Assessor's Property Tax Parcel/Account Number: 082301-1-01 0-2006
see page 24 for additional parcel #s
I, , am requesting an emergency
nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. I understand that
the recording processing requirements may cover up or otherwise obscure some part of the text of the
original document.
.i:lpubdocslletterskover letter
09/2004
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ANNEXATION AGREEMENT No. 085-11
McCormick West
THIS ANNEXATION AGREEMENT ("Agreement") is entered into between the City of
Port Orchard, a Washington municipal corporation ("the City"), and GEM 1 LLC, a Washington
limited liability company ("GEM 1").
RECITALS
A. GEM 1 is the owner and developer of the McCormick West Master Plan and
Preliminary Plat. The McCormick West development is generally located on the south side of
Old Clifton Road, west of the existing McCormick Woods development. When complete, GEM
I anticipates that the McCormick Woods and McCormick West developments will be merged as
a single development with a single homeowners association serving both projects. The
McCormick West area is shown in the site plan attached as Appendix A. The legal description
of McCormick West is attached as Appendix B.
B. GEM 1 obtained Kitsap County's approval of a Sub -Area Plan and Development
Agreements for Stormwater, Traffic, and Parks and Open Space, which regulates development of
all of GEM 1's developments in the Urban Growth Area, including McCormick West. These
Agreements were based on impact analyses for traffic and other factors that assumed
approximately 1750 residential units would be constructed in the area subject to the Agreements.
GEM 1 now proposes to construct approximately 1550 total units in the affected area, which is
below the threshold of the analyses which were the basis of the Agreements In addition, GEM 1
obtained Kitsap County approval of a Master Plan which includes McCormick West, as well as a
Preliminary Plat approval for McCormick West. As part of these approvals, Kitsap County has
approved critical area designations and established requirements for critical area protections,
including buffer areas, for McCormick West. Kitsap County has also approved an overall
preliminary storm drainage plan for McCormick West.
C. GEM 1 has also obtained Kitsap County approval of a Site Development Activity
Permit (SDAP) for Phase 1 of McCormick West and has submitted an application to Kitsap
County for an Overall Clearing and Grubbing SDAP for the entire McCormick West site, which,
following review and comment by Kitsap County has been revised to include grading for
purposes of constructing storm water control facilities generally consistent with the overall
preliminary storm drainage plan.
D. The City and Kitsap County have different processes for the approval of
applications for developments like McCormick West. The City and County also have similar,
but slightly different, substantive standards for the development of projects like McCormick
West.
E. The City and GEM I wish to annex the McCormick West site to the City.
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E. The City and GEM I recognize that GEM 1 has a right to develop McCormick
West pursuant to the Kitsap County standards to which it is vested. However, for a variety of
reasons, both the City and GEM I believe it would be preferable to complete the McCormick
West using City permit procedures. The City and GEM I also believe it would be preferable to
complete the review and approval of McCormick West based on City of Port Orchard
substantive standards, to the extent that use of such standards does not require significant
redesign of the project.
G. The City and GEM 1 desire to enter into an Annexation Agreement, as authorized
by RCW 36.70B.170, which will establish procedures and standards for the further review and
approval of McCormick West after the proposed annexation. This Agreement is intended to set
forth the uses that will be permitted on the Property, the development standards that will apply,
the period of time within which the development standards will apply, and the method and
manner in which it may be developed.
Based on the foregoing considerations, the City of Port Orchard and GEM 1, LLC enter
into the following Annexation Agreement.
ANNEXATION AGREEMENT
1. Definitions:
a. When used in this document, unless the context clearly indicates otherwise, the
following words, when capitalized shall be defined as set forth in this paragraph.
(1) "Adopting Resolution" means the resolution that approves this
Development Agreement, as required by RCW 36.70B.200.
(2) "Agreement" means this document, entitled Annexation Agreement.
(3) "City" means the City of Port Orchard.
(4) "Construction Standards" means the City adopted regulations governing
construction standards and specifications, such as, but not limited to, the International
Building Code, Uniform Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly
adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted
therein by reference, and any administrative regulations duly adopted by the City, that
relate to the use, alteration or development of real property within the City,. Development
Standards does not include Construction Standards or the applicable fees in effect at such
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time as grading, building, or other applicable permit applications are submitted and
deemed complete by the City.
(6) "Effective Date" means the effective date of the Adopting Resolution.
(7) "GEM 1" means GEM 1, LLC the fee simple title holder of the Property,
its successors or assigns.
(8) "McCormick West" or the "Property" means the real property currently
within the County, as depicted in Appendix A and legally described in Appendix B. The
Property consists of approximately 605 acres.
(10) "Vesting Date" shall mean September 28, 2005, the date of initial
Preliminary Plat application on which Kitsap County advised GEM 1 that its application
was deemed to be "complete."
(11) "Vested Development Standards" means the Development Standards in
effect on the Vesting Date, except as modified by the requirements set forth in Section 3
of this Agreement.
2. Development Review Process:
a. The City of Port Orchard will process final plat applications for McCormick West
using the Preliminary Plat approval pursuant to City process requirements. In that review
process, the City will apply the conditions of preliminary plat approval imposed by Kitsap
County, unless specifically modified by this Agreement.
b. GEM I shall be entitled to complete the construction work authorized by the
Phase 1 SDAP previously issued by Kitsap County, provided that the City shall have the
authority to inspect the work and enforce the conditions of approval of that SDAP.
C. The City will assume jurisdiction over and complete the review process for the
pending Overall Clearing and Grading SDAP application described in Recital C, above.
d. All subsequent applications for permits related to development of McCormick
West will be processed based on applicable City process requirements for the particular type of
permit.
3. Development Standards:
The property will be developed consistent with City code, as the code may be changed
from time to time, with the following modifications:
a. Minimum. Residential Lot Size. The McCormick West Preliminary Plat map
depicts a residential lot layout based on a lot size range of 3,500 square feet to approx. 10,000
square feet. The minimum residential lot size for the Property subject to Kitsap County Urban
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Cluster and Urban Medium zoning is 2,400 square feet for detached residential homes and there
is no minimum lot size applicable to multi -family uses.
b. Tree Retention. The City and County have very different requirements for
provision of open spaces and retention of significant trees. The City's current significant tree
retention regulations are based on an assumption that a certain number of significant trees will be
retained throughout a project (defined as a tree having diameter at breast height of 36" or
greater). The County, on the contrary, requires that a certain percentage of a site be retained as
open space in which existing vegetation is protected. GEM 1 designed and has obtained Kitsap
County approval of the preliminary plat and phase I SDAP for McCormick West based on the
County system. As a result, there are and will be substantial areas of trees retained within the
McCormick West project but in a pattern that is different than the City's lot by lot system. In
order to accommodate this difference, the City and GEM 1 agree that development on lots within
McCormick West shall be exempt from the provisions of the Port Orchard significant tree
retention regulations (PMC 16.50.180 through 16.50.220, as now or hereafter amended) for a
period of fifteen years from the date of final plat approval. After the expiration of said fifteen
year period, any new or additional development on any lot in McCormick West shall be done in
compliance with the requirements of significant tree retention regulations in effect at the time of
application for such new or additional development.
C. Stormwater Control Standards. The Development Agreement between GEM I
and Kitsap County for Storm Water for McCormick West dated February 9, 2009 (a copy of
which is attached as Appendix C) shall control except as otherwise provided in this subsection.
The operation, maintenance, and repair of the stormwater facilities shall be controlled by POMC
15.32.080 "Operation and Maintenance," as in effect at the time of a complete SDAP
Application for construction of the stormwater facilities. The City will not own nor will it be
responsible for operation, maintenance, or repair of the stormwater facilities unless the City takes
action to accept the stormwater facilities in accordance with POMC 15.32.080(3), as now or
hereafter amended.
d. Roads. The McCormick West preliminary plat approval is based on a
combination of public and private roads. The final plat of McCormick West will be designed
and constructed accordingly, subject to the following:
(1). Road Cross Sections. McCormick West is and will be part of a larger
development which was designed and constructed based upon the standards in the 2007 Kitsap
County Road Standards (KCRS), including roadway width, sidewalk requirements, street trees
and street lighting and related appurtenances. In order to provide uniformity of appearance, a
common maintenance standard, and for consistency, except as noted below, the following
exception to the KCRS was granted by the Kitsap County Hearing Examiner:
"...A minor deviation from the standard was proposed to achieve a `rural' road
section for the non fronted infrastructure roads.. "
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Copies of the applicable Road Cross Sections are attached as Appendix D. The
final plat of McCormick West shall be developed in accordance with the approved minor
deviation.
(2). Sprinkler Requirements. Although the City currently requires that homes
served by private roads be built with fire sprinkler systems, this requirement shall not apply to
private roads in McCormick West which are constructed to the standards set forth in this
agreement which are maintained by the homeowners association, provided the if City, as some
future date, adopts a requirement for sprinklers in all new single family residential units, that
requirement shall apply to homes for which permit applications are submitted after the effective
date of the ordinance adopting such a requirement.
e. Zoning and Uses. The land uses for individual parcels or future development
tracts are subject to the underlying City Zoning designation and associated land use code as
identified in Port Orchard Municipal Code Section 16.30, as adopted on the Vesting Date. Future
development is subject to the land use approval process, conditions, and potential SEPA review
identified pursuant to the land use tables identified in Chapter 16.30.
f. Final plat - Minor modifications. The preliminary plat of McCormick West was
designed and approved based on Kitsap County's system for approval of minor modifications to
the preliminary plat during the final plat review and approval process. The parties recognize that
the City's standards for distinguishing between minor modifications, which may be approved by
the staff, and major modifications, which require re -review by the Hearing Examiner, are more
stringent than the County's. During the final plat process for McCormick West, the City staff is
authorized to permit minor modifications without the necessity of further review by the Hearing
Examiner so long as the modification does not (1) increase the number of authorized homes, (2)
increase traffic volumes above the volume contemplated by the preliminary plat approval, (3)
require modification or alteration of a critical area or buffer that was not contemplated by the
preliminary plat approval, (4) increase the volume or rate of discharge of stormwater above that
contemplated by the preliminary drainage plan that was considered during the preliminary plat
approval process, or (5) reduce the amount of open space or recreational facilities contemplated
by the preliminary plat approval.
4. Term of Agreement.
a. Because the completion of the development of GEM 1's Urban Growth Area
properties, including McCormick West, is expected to take considerably longer than the
development of a single plat and because Kitsap County, the City of Port Orchard and GEM 1 all
desire that these properties be developed in a coordinated manner, the Vested Development
Standards shall be valid until fifteen (15) years after the date of preliminary plat approval for
McCormick West) unless extended or terminated as provided herein. The City may grant a
single five year extension if requested by GEM 1 and if the City finds that GEM 1 has made a
reasonable effort to complete the final plat process, recognizing that the timing of development is
dependent on market conditions, the availability of financing and various other factors beyond
the control of the parties to this Agreement. Final plat approval may be granted for portions of
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McCormick West, provided such final plat recording for all of McCormick West shall occur
within the time periods established by this Section.
b. Following the expiration of the term or extension thereof, this Agreement shall
have no force or effect and the Property shall be subject to the regulations duly adopted by the
City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any
administrative regulations duly adopted by the City that relate to the use, alteration or
development of real property within the City. Provided, however, if a complete building permit
application is submitted prior to the expiration of the term or extension thereof, the City shall
allow the construction and occupation of the improvement covered by said building permit
application so long as the building permit issued on said application remains in full force and
effect and construction is substantially completed within eighteen (18) months of the date the
City issues the building permit.
5. Phasing.
GEM 1 shall be allowed to develop the Property in phases, with the phases being allowed to
occur in such sequence as GEM 1 deems necessary in order to meet economic demands.
Provided, however, GEM 1 must complete in each phase the improvements that are determined
necessary by the City to adequately protect the public health and safety with regards to
pedestrian and traffic circulation, emergency access, stormwater management, and utilities as
they relate to the proposed phase.
6. Default,
No party shall be in default under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default shall allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete
cure. Each notice of default shall specify the nature of the alleged fault and the manner in which
the default may be cured satisfactorily. A party not in default under this Agreement shall have all
rights and remedies provided by law or equity, including without limitation: issuance of a stop
work order, injunction, damages, action for specific performance, or to require action consistent
with this Agreement. Nothing herein will operate to prevent either party from taking legal action
regarding noncompliance that threatens public health, safety or welfare prior to the expiration of
the thirty (30) day cure period following notice of default. No such action or preceding will
operate to automatically terminate this Agreement, nor shall it release either party from any
promise or obligation herein nor shall it release either party from any liability or obligation with
respect to any breach of this Agreement occurring prior to the commencement of any legal action
by a party.
7. Notices.
All notices required by this Agreement shall be deemed delivered to the respective party on the
date that it is personally delivered to the address(es) set forth below, or on the date that it is
successfully sent by facsimile transmission to the facsimile number(s) set forth below:
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City: James Weaver
City Development Director
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4991
Facsimile: 360-876-4980
With a copy to: Gregory A. Jacoby
City Attorney
P.O. Box 1317
Tacoma, WA 98401
Phone: 253-627-1181
Facsimile: 253-627-2247
Patricia J. Kirkpatrick
City Clerk
216 Prospect Street
Port Orchard, WA 98366
Phone: (360) 876-4407
Facsimile: (360) 895-9029
GEM 1 Doug Skrobut
McCormick Land Company
4978 SW Lake Flora Road
Port Orchard, WA 98367
Phone: 360-876-3395
Facsimile: 360-876-3 511
With a copy to: Bob Johns
1601 114t' Avenue SE, Suite 110
Bellevue, WA 98004
Phone: 425-451-2812
Facsimile: 425-451-2818
8. Reimbursement for Agreement Expenses of the City.
GEM 1 agrees to reimburse the City for actual expenses incurred over and above fees paid by
GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording
fees, publishing fees, and reasonable consulting and legal fees not otherwise included within
application fees. This Agreement shall not take effect until the fees provided for in this section
are paid to the City. Such payment of all fees shall be paid, at the latest, within thirty (30) days
from the City's presentation of a written statement of charges to GEM 1.
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9. Amendments.
No change or modification of this Agreement shall be valid unless the same is in writing and is
signed by authorized representatives of the City and GEM 1. Provided, that any such amendment
shall follow the process established by law for the adoption of a development agreement, as set
forth in RCW 36.70B.200. No purported or alleged waiver of any of the provisions of this
Agreement shall be binding or effective unless in writing and signed by the party against whom
it is sought to be enforced.
10. Serious Threat to Public Health and Safety.
Pursuant to RCW 36.70B.170(4), the City reserves the authority to impose new or different
regulations affecting the Property, including but not limited to amendments to the
Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations, to the
extent required by a serious threat to public health and safety.
11. Recording; Binding Effect; Assignment.
This Agreement and any subsequent amendments thereto shall be recorded with the Kitsap
County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any
subsequent amendments thereto. The rights, obligations, conditions and interests set forth in this
Agreement shall run with the land and shall inure to the benefit of and be binding upon the GEM
1, and its heirs, personal representatives, successors and assigns and shall benefit the properties
described in Appendix B. GEM 1 shall have the right to convey, assign, apportion or otherwise
transfer any and all of its rights, obligations, conditions, and interests under this Agreement.
Provided, however, within thirty (30) days of the effective date of GEM 1's conveyance,
assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must
provide notice to the City of the same.
12. Relationship of the Parties.
Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or
obligations which may derive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or
obligations of the other parties, it being the intention of this Agreement merely to create the
agreements set forth herein.
13. Third Party Legal Challenge.
In the event any legal action or special proceeding is commenced by any person or entity other
than a party to this Agreement, and a party's successor or assigns, to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to GEM 1 and its successors or assigns. In such event, GEM i and its
successors or assigns shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to attorney's fees and expenses of litigation, and damages awarded to the prevailing
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party or parties in such litigation. GEM 1 and its successors or assigns shall not settle any lawsuit
without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
14. Specific Performance.
The parties specifically agree that damages are not an adequate remedy for breach of this
Agreement, and that the parties are entitled to compel specific performance of all material terms
of this Agreement by any party in default thereof.
15. No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties hereto
and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
16. Applicable Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. Any action with respect to this Development Agreement shall be brought in Kitsap
County Superior Court, Port Orchard, Washington.
17. Multiple Originals.
This Agreement may be executed in multiple copies, each of which shall be deemed an original.
18. Entire Agreement, Construction,
This Agreement constitutes the entire agreement of the parties and incorporates all prior
discussions and agreements. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive the general rule of construction
that an agreement shall be construed against its drafter.
19. Attorney's fees,
In the event that any party to this Agreement brings a lawsuit against any other party in order to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing party in
any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to
any other available remedy.
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IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
CIT
Its:
Dat.
ATNricia
By:
aKi+P6tric4k,JMMC, City Clerk
GEM 1, LLC
Its:
Date:
STATE OF WASHING )
ss.
COUNTY OF KITSAP
I certify that I know of have satisfhvkory evidence that is the person
who appeared before me, and said person ackhcQwledged that he/she signed this instrument, on
oath stated that he/she was authorized to execu the instrument and acknowledge it as the
of GEM 1, LLC to be the fee d voiuntary act of such party for the
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this
NOTARY PUBLIC in and
Washington, residing at _
My appointment expires: _
Page 10 of 27
20 .
State of
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GEM 1, LLC
y G,,4- rr,. L4-44 CO3-1-PA`4q A c',���r-ti ti�/f.t �arLpd• �rn�
By: ;MP'
Its: DIRECTOR OF OPERATIONS
Date:
a1i fc�1Rn i G 5�� QtTcAQ-bQ G{ A c-K n0 v', l QrAq[)nC)v)-r
STATE OF WASHINCTON)
saClLamgn110 ) ss.
COUNTY OFF'- }
I certify that I w of have satisfactory evidence that W ft MC �'�I MIiis the person
who appeared before me, an said person acknowledged that he/site signed this instrument, on
oath stated that he/,sire was aut ized to execute the instrument and acknowledge it as the
of GEM 1, LL to be the fee and voluntary act of such party for the
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before my this day of 20_
NOTARY BI
Washington, res'
My appointment
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
in and for the State of
g at
I certify that I know of have satisfactory evidence that,44 is the person
who appeared before me, and said person acknowledged that he/Asigned this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
of the City of Port Orchard to be the fee and voluntary act of such party for
the pluposes mentioned in the instrument.
SUBSCRIBED A 1, fore me this ay of.
..
G�pTA,4y'; n
N
C1.
7k
s� •,) �= NOTARY PU LI in"Ad for the State of
9�F• • •`.14; .�•' G~ Washington, residing at L
OP WMy appointment expires: -MIDI?
Page 11 of 27
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On O h O tl
Date
personally appeared
before me, PW?l 1C
Here Insert me and Title of the Hi r
\V C VQ V-r\ ow
Name(s)
who proved to me on the basis of satisfactory evidence to
be the persono) whose namely) is/aye subscribed to the
within instrument and acknowledged to me that
hel�elth+3y executed the same in his/lrW/jLidr authorized
capacity(iii�st and that by his/Wltber signature(sl on the
instrument the person(, or the entity upon behalf of
DENrE HDLBi which the persons) acted, executed the instrument.
CommA 1893720 f�
NOTARY PUBLIC -CALIFORNIA N
SACRAMENTO COUNTY I certify under PENALTY OF PERJURY under the laws
MY COMM. UP. DUNE 27, 24l4
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature cy,�
Place Notary Seal Above signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
�! and could prevent fraudulent removal and reattachment of this form to another document.
Descri 'on of Attached Document
Title or Type of cument:
Document Date:
Signer(s) Other Than Named Ab
Capacity(lies) Claimed by Signer(s)
Signer's Name:
Individual
❑ Corporate Officer — Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Consery
❑ Other:
Signer IPio�eprose nting:
Top of thumb here
Number of
tiler's Nam
Individual
❑ orate Officer —Title(s):
❑ Partn —❑ Limited ❑ General
❑ Attorney in ct
❑ Trustee
❑ Guardian or Conse
❑ Other:
Signer Is Representing:
Top of thumb here
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, GA 91313-2402 • www.NationalNotary.org Item u5907 Reorder: Cali Toll -Free 1-900-876-6827
Page 78 of 110
Contract No. 085-11
A
City of Port Orchard McCormick West Annexation Proposal = McCormick West Annexation Proposal -
Annexation Proposal City of Port Orchard
Vicinity Map
'' °"' Port Orchard UGA
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Exhibit B
Legal Description
McCormick West Annexation
The following described areas situate within Section 5, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
Old Clifton Road (County Road No. 132) as deeded to Kitsap County under Auditor's File Number
666551; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance No.
011-09;
And the following described areas situate within Section 7, Township 23 North, Range I East, W.M.,
Kitsap County, Washington, described as follows:
The South half of the North half of the Northeast quarter of the Northeast quarter;
And the following described areas situate within Section 8, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
All of Section 8; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance
No. 011-09; And EXCEPT that portion as described in Quit Claim Deed recorded under Auditor's File
Number 9512290386;
And the following described areas situate within Section 17, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
Tracts 1 through 7, inclusive, as described in Owner's Request and Acknowledgement for 20 Acre Land
Segregations recorded under Auditor's File Number 200010310145.
Legal Description as provided by Kitsap County Public Works Dept. —July 17, 2011
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Exhibit C
DEPF OF COMMUNITY DEV 200903040111
Name and Full Address Agreement Rea Fee: $ 51,00
03/04/2089 01:43 PM Page: i of t0
Walter Washington, Kitsaa Co Auditor
IIIIIII IIIIII III I#III Ili! IIIIIII 11111 IIII IIII 111111111111IIIII 111 IIIII IIII IN IIII
� C •� ►ten
Please print neatly or type information.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
i
�1
Additional reference #'s on page:
Reference Number(s) of related documents: a. ogo
Granter(s):
Grantee(s):
Additional Grantee on Page:
c 1 iwtil Z� • t�1 E
Legal Description (abbated form: i.e. Plat name, lot, block, section, township, range, quarter/quarter).
Assessor's Property Tax Parcel/Account Number: 3 C i — i — 010
sf-12 ±
1, , am requesting an emergency
nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that
the recording processing requirements may cover up or otherwise obscure some part of the text of the
original document.
Signature:
1:Ipubdocslletterslcover letter
09l2004
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DEVELOPMENT AGREEMENT FOR STORMWATER
McCormick West Master Plan & Preliminary Plat
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between Kitsap
County, a Washington municipal corporation ("the County"), and GEM I LLC, a Washington
limited liability company ("GEM I").
RECITALS
WHEREAS, GEM I is the owner and developer of approximately 606 acres of property
in south Kitsap County, which is a portion of a larger area in the South Kitsap Urban Growth
Area, known as McCormick West. The property is located in the general vicinity of Old Clifton
Road and McCormick Woods Drive, and is shown in the site plan attached as Appendix A and
described on A endix B attached; and
WHEREAS, GEM I is in the process of preparing plans for the development of the
Property and has obtained approval of a Master Plan and Preliminary Plat for McCormick West
under application Nos. 05 29262 and 05 30003 on May 30, 2008; and
WHEREAS, GEM I intends to construct regional stormwater control facilities (the
"Regional Stormwater Facilities") that will provide stormwater runoff quantity control and
stormwater runoff quality treatment for all of the anticipated development in McCormick West
that belong to GEM 1 and its successors, as illustrated in Appendix A; and
WHEREAS, GEM 1, as part of the approved Master Plan and Preliminary Plat for
McCormick West, prepared a preliminary analysis and technical study of the stormwater
requirements for the Property. The analysis was prepared pursuant to Title 12 of the Kitsap
County Code by Hugh G. Goldsmith and Associates Inc., a civil engineer licensed in the State of
Washington ("Goldsmith"), and is titled "Preliminary Drainage Control Plan and Level One
Downstream Analysis for McCormick West Preliminary Plat (dated August 2005; Updated
October 2007). It has received preliminary approval by Kitsap County. It will serve as the basis
for the finalized design and construction of the Regional Stormwater Facilities except as
modified to comply with the conditions herein; and
WHEREAS, Kitsap County has reviewed GEM 1's Master Plan and Preliminary Plat for
compliance with Title 12 of the Kitsap County Code and all other relevant requirements
currently in effect as of the date of application; and
WHEREAS, construction by GEM l of Regional Stormwater Facilities for McCormick
West provides a public benefit to the County in that GEM I will bear the expense of constructing
Regional Stormwater Facilities that will provide stormwater management through a combined
stormwater facility for several properties and both the public and private road systems in
McComiick West, including portions of Old Clifton Road that currently are not treated, in lieu of
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individual stormwater systems. Further, the Stormwater system design for McCormick West will +
include runoff dispersion or other Low Impact Development techniques to the extent practical,
for purposes of critical area hydrology and reduction of stormwater facility sizes to increase open
space within the designated Stormwater tracts; and
WHEREAS, GEM 1 anticipates that development of its property will occur over a period
of years, and
WHEREAS, the parties wish to have an assurance that if the Regional Stormwater
Facilities are constructed, they will be usable for the future development of the GEM 1 properties
and roadways within McCormick West; and
WHEREAS, RCW 36.7013.170, et. seq., authorizes counties to enter into development
agreements with owners of real property to establish, among other things, the "development
standards and other provisions that shall apply to and govern and vest the development" as well
as a "build -out or vesting period for applicable standards."
AGREEMENT
NOW, THEREFORE, the County and GEM 1 agree as follows:
1. Incorporation of Recitals. The recitals set forth above are expressly incorporated into
the Agreement by this reference.
2. GEM 1 Design and Construction of Regional Stormwater Facilities: GEM 1 has
preliminarily designed and will construct Regional Stormwater Facilities for the Property,
including land to be dedicated to the County for Road Rights -of -Way. Such design and
construction shall comply with the standards contained in Title 12 of the Kitsap County
Code and such other applicable Kitsap County development regulations in effect at the
time that GEM 1's Master Plan application and Preliminary Plat application were deemed
complete (October 2005).
For purposes of this Agreement, "Regional Stormwater Facilities" shall mean the
stormwater runoff quantity control and stormwater runoff quality treatment facilities and
associated conveyance facilities to be engineered and constructed pursuant to the
Engineered Drainage Plans approved as part of the McCormick West Master Plan and
Preliminary Plat and to be located within easements or tracts dedicated to Kitsap County.
3. County Review and Approval of Regional Stormwater Facilities: The County will
review and approve as part of the Site Development Activity process, with conditions as
appropriate, the Regional Stormwater Facilities if they comply with the standards
contained in Title 12 of the Kitsap County Code and all other applicable development
regulations in effect at the time the Master Plan Application and Preliminary Plat
Application were deemed complete (October 2005).
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4. Vesting Rules: This Agreement shall remain in effect and the GEM 1 developments
shall be considered to be vested against changes in Title 12 of the Kitsap County Code, as
follows:
4.1 This Agreement shall remain in effect and GEM 1 shall be considered to be
vested against changes to Title 12 of the Kitsap County Code for a period of ten (10)
years after the date of Master Plan approval and Preliminary Plat Approval for
McCormick West. This period may be extended for one (1) five-year period in
accordance with the procedures and requirements of Kitsap County Code 17,428.110 in
effect at the time the extension is requested.
4.2 To the extent that either GEM 1 does not apply for development or building
permits for all or a portion of the property within the time periods, including any
extension, set forth in Section 4.1, the County shall have the authority to require
additional stormwater control improvements as may be required by Title 12 of the Kitsap
County Code or other applicable regulations in effect at the time of such application.
5. Ownership, Maintenance and Repair:
5.1 GEM i shall initially own, operate, maintain, and repair as necessary the Regional
Stormwater Facilities. Prior to the issuance of the SDAP Permit for the construction of a
Regional Stormwater Facility, GEM 1 shall post and maintain a construction bond
pursuant to Title 12 of the Kitsap County Code. After construction of the Regional
Stormwater Facility has been completed and approved by Kitsap County, GEM 1 shall
post a two (2) year maintenance bond pursuant to Title 12, the amount of which shall be
ten percent (101/6) of the actual construction cost of the Regional Stormwater Facility.
The construction cost of the facilities requiring maintenance shall be determined by the
project engineer, subject to the approval of the Public Works Director. At the end of the
two (2) year period, the County will assume the ownership, operation, maintenance, and
repair of the Regional Stormwater Facility provided all of the conditions set forth below
are satisfied.
5.1.1 The Regional Stormwater Facility has been inspected and approved by the
County and has been in satisfactory operation for at least two years;
5.1.2 Any part of the Regional Stormwater Facility that has been repaired or
reconstructed has been approved by the County;
5.1.3 Any required easements and tracts have been conveyed to the County and
have been recorded with the County Auditor;
5.1.4 Upon completion of construction, an operation and maintenance manual,
including a maintenance schedule, has been submitted to and accepted by the County;
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5.1.5 The Regional Stormwater Facility has been cleaned and maintained as
necessary during the bonding period, and has passed all inspections performed by the
County, which will occur no less frequently than every six months.
5.1.6 A complete and accurate set of reproducible as -built drawings has been
provided to the County; and
5.1.7 In lieu of the requirement set forth in Kitsap County Code 12.24.030(1) that
80% of the entire parcel served by the Regional Stonnwater Facility be constructed
prior to the County's acceptance of ownership and maintenance responsibility of the
Regional Stormwater Facility, the following shall be conditions imposed on
development of the GEM 1 property:
For each Site Development Activity Permit constructed by GEM 1 or its
successors within McCormick West, a maintenance bond shall be posted and
maintained in the same amount as the ten percent (10%) of the construction cost
of the Regional Stormwater Facility as previously determined pursuant to Section
5.1, for the purpose of providing security against the risk of damage to that
Facility during construction of plat improvements. This bond shall remain in
effect until 80% of the lots within the area subject to the Site Development
Activity Permit have been constructed. This bond shall be in addition to the
maintenance bond required for any stormwater and road improvements to be
constructed as part of the preliminary plat which are not components of the
Regional Stormwater Facility.,
6. Low Impact Development Techniques. GEM 1 agrees to use its best efforts to
incorporate feasible Low Impact Development techniques during the design and
construction of the infrastructure (i.e., roads and utilities) and the residential structures
which will be developed in the McCormick West project. The parties acknowledge that
the feasibility of Low Impact Development techniques is dependent on site specific soil
conditions, topography and a variety of other conditions which must be evaluated on a
ease -by -case basis as individual development peianits are reviewed.
GEM 1 further agrees (1) to the extent the use of Low Impact Development techniques
reduces the size of the stormwater treatment facilities that are needed in McCormick
West, the area of such reductions shall be included as open space being created in
McCormick West, and (2) the number of permitted residential units in McCormick West
will not be increased due to any reduction in the amount of area planned for stormwater
facilities in the approved'preliminary plat of McCormick West.
7. Indemnity. To the fullest extent permitted by law, GEM 1 shall indemnify, defend and
hold harmless the County and its elected and appointed officials, officers, employees and
agents, from and against all claims arising out of or resulting from (1) the design or
construction of the Regional Stormwater Facility to the extent of any claim that the
Facility was -not designed or constructed in compliance with the requirements of the
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Kitsap County Surface Water. Manual and other applicable rules and regulations, or (2)
any negligent maintenance or repairs that were performed by GEM 1 prior to assumption
of ownership and maintenance of the Regional Stormwater Facility by Kitsap County.
This indemnification obligation shall not extend to claims arising as the result of alleged
inadequacies in the Kitsap County Surface Water Manual. Nothing herein shall be
construed as either shortening or extending any applicable statute of repose or limitations
that may apply to the design, construction or maintenance of the Regional Stormwater
Facility. "Claim" means any financial loss, claim, suit, action, damage or expense,
including but not limited to attorneys' fees, attributable to injury, sickness, disease or
death, or damage to property.
8. Arnendnients. Except as otherwise provided in this Section, no change or modification
of this Agreement shall be valid unless the same is in writing and is signed by authorized
representatives of the County and GEM 1. No purported or alleged waiver of any of the
provisions of this Agreement shall be binding or effective unless in writing and signed by
the party against whom it is sought to be enforced.
9. Serious Threat to Public Health and Safety. Pursuant to RCW 36.70B.170(4), the
County reserves the authority to impose new or different regulations to the extent
required by a serious threat to public health and safety.
10. Binding Effect. This Agreement shall be recorded with the Kitsap County Auditor. The
recording date shall be the effective date of this Agreement. The Agreement shall inure to
the benefit of and be binding upon the heirs, personal representatives, successors and
assigns of the parties hereto and shall benefit the properties described under Appendix ndix B,
provided that the indemnification obligation of GEM 1 established pursuant to Section 7
of this Agreement shall be binding solely on the corporate successors and assigns of
GEM 1 but shall not be binding on any homeowner's association created by GEM 1 or on
purchasers of individual lots in the GEM 1 Development.
11. Relationship of the Parties. Notwithstanding any other provision of this Agreement, or
any other agreements, contracts, or obligations which may derive herefrom, nothing
herein shall be construed to make the County or GEM 1 partners or joint venturers, or to
render any other parties liable for any of the debts or obligations of the other parties, it
being the intention of this Agreement merely to create the agreements set forth herein
with regard to the Regional Stormwater Facilities for the property.
12. Applicable Law and Venue. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Washington. Any action with respect to this
Development Agreement shall be brought in Kitsap County Superior Court, Port
Orchard, Washington.
13. Multiple Originals. This Agreement may be executed in multiple copies, each of which
shall be deemed an original.
Page 5 of
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14. Construction. The captions tiuoughout this Agreement are for convenience and ;
reference only and the words contained in them shall not be held to expand, modify,
amplify or aid in the interpretation, construction or meaning of this Agreement. All
parties hereto have been represented by legal counsel and accordingly hereby waive the
general rule of construction that an agreement shall be construed against its drafter.
15. Attorney's Fees. In the event that any party to this Agreement brings a lawsuit against
any other party in order to enforce any provision of this Agreement or to redress any
breach thereof, the prevailing party in any such lawsuit shall be entitled to recover its
costs and reasonable attorney's fees in addition to any other available remedy.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
DATED this _ day of I kl-) V tA,a Y lI , 2009.
BOARD OF COUNTY COMMISSIONERS
F GOM� KITSAP COUNTY, WASHINGTON
NNE' ss'
O:�'•'i O'••. i
ATTEST: C ' � . •';
Q:
C5: CHARLOTTE GARRIDO, Chair
m ' %Aj r Co
�9k— )�
Ap CO V STEVE BAULR, Commissioner
Opai Robertson t✓�``�
Clerk of the Board JOSH B , Commissioner
APPROVED AS TO FORM:
p y Prosecu ing Attorney YP
Date:?
Page 6 of 9
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GEM I, LLC
By:
Its: -----Managing Npemr
Date: p
11
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP
I certify that I Icnow of have satisfactory evidence that }k WAyOTT is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
f of GEM I, LLC to be the fee and voluntary act of such party for the
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this 114 day ofJa4K42009,
Robert D. Johns, A
Date: January 8, 2009.
. Wwj� 0apuW-L- -
NOTARY PUBLIC in and for the State o
Washington, residing at G ((h&
My appointment expires: I j'LP Q°_
for GEM 1, LLC
Page 7 of 9
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APPENDIX A
ILLUSTRATIVE SITE MAP
Page 8 of 9
2
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APPENDIX B
LEGAL DESCRIPTION
Assessor Parcel #'s
082301-1-010-2006, 082301-1-013-2003, 082301-2-003-2003, 082301-2-002-2004, 082301-1-
014-2002, 172301-2-002-2003,172301-2-003-2002, 172301-2-006-2009, 172301-2-007-2008,
172301-2-005-2000, 172301-2-004-2001, 172301-3-004-2009
August 16, 2006
LEGAL DESCRIPTION
FOR
MCCO RMICK WEST
GEM1, L.L.C.
McCORMICK WEST PRELIMINARY PLAT
PARCEL I:
Fasultant parcels S and C of BounQary Line Adjustment recorded Under Audilor's Fite No.
3220649. Being a portion of Secllon 6, Township 23 North, Range 1 East, W.M., In Kilsap
County, Washington.
Parcel 11;
Parcel 2 and 5 of land segregation request recorded under Auditor's File No. 3208728, being a
pof ton or the northwest quarter and the northeast quarter or Section 8, Township 23 North,
'Range 1 East, W.M„ In FCitsap County, Washington.
Parcel 111;
The norIl l 1005 feel of the northwest quarter of Section 8, Township 23 north, range 1 e881, W.M.,
1n Kitsep County, Washington;
Except the east 134U Ceot'lhareor;
Also Kcept that porbbn lying northwesterly and northerly of the southerly Tight-oF way margin of
Old EJiftop Road;
Also expept.lhe tportion conveyed to Dyane C, Williams and Lola L. Williams, husband and wife,
by inSlrument recorded under Auditors File No, 9612203136.
Parcel IV:
Lots 1 through 7. Inclusive, of 20 acre land segregations recorded under Auditor's File No.
20001W014S. being a portion of Section 17, Township 23 north, Range 1 East. W.M-, In Kllsap
County, Washington.
The above legal description was taken from Land Title Company Title Report No. E-169566 doted
March 19, 20p3,
05500.1GEMT22&R•x-0590- Prepared by:
D.Doc
Pape 1 or i Checked by:
Page 9 of 9
'GOLDSM1TH
9 cASSOCtATES-
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McCORMICK WEST DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-18-2011
APPENDIX
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Page 91 of 110
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McCORMICK WEST DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-18-2011
LOCAL ROAD MINOR wl MEDIAN
SECTION C
N.T.S.
ANDETiTE�AAGTERP)GUTTER) NDUTR(fY.5'
5' i
1.5'
S' 7' 11' 11' 7' S'
WALK PARKING DRIVE LANE DRIVE LANE PARKING WALK
LOCAL ROAD MINOR LOOP
SECTION D
N.T.S.
2%
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VERTICAL CURB AND VERTICAL
(IYP) R
AND GUTTER (TYP) I
5
7' 11 11 T 5'
PARKING" bItIVE LANE DRIVE LANE PARKING' WALK
42' R.O.W.
" AT INTERSECTIONS AND DRIVEWAY LOCATIONS,
WHERE PARKING CAN NOT BE PROVIDED, TRAVEL
WAY MAY NARROW WITH CURB BULB OUTS TO
24' MIN.
LOCAL ROAD MINOR
® GOLDSMITH SECTION E
® LAND DEVELOPMENT SERVICES SHEET 2 OF �4
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MCCORMICK WEST DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-18-2011
VERTICAL CURB
AND GUTTER (TYP) ,
10, 10, S'
DRIVE LANE DRIVE LANE WALK
LOCAL MINOR ACCESS LANE
SECTION F
N.T.S.
PRIVATE ACCESS TRACT
SECTION G
N.T.S.
SOLDSMITH
LAND DEVELOPMENT SERVICES
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SHEET 3 OF 4
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McCORMICK WEST DEVELOPMENT AGREEMENT
ROAD SECTIONS
11-18-2011
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`yam■�� � � IIIAI �_'a
Issue Title:
Meeting Date:
Time Required:
Attendees:
City of Port Orchard
Work Study Session Executive Summary
2021-2022 Budget Amendment
February 15, 2022
15 minutes
Council and directors
Action Requested At This Meeting: Provide comments on the proposed budget Amendment
Issue: The City Budget is written to capture revenue and expenses over the fiscal period.
During the biennial period, changes to the budget in both revenue and expenditures need to
be recognized by Budget Amendment.
Background: See attached Materials
Alternatives: N/A
Recommendation: The Finance Director recommends adoption of Ordinance No. OOX-22,
amending Exhibit A of the 2021-2022 Biennial Budget.
Relationship to Comprehensive Plan: N/A
Attachments:
Staff Report
Ordinance
Follow-up Notes & Outcomes:
Page 95 of 110
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-44070 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item
Meeting Date:
Subject: Ordinance No. OXX- 22, Prepared by:
Amending the 2021-2022
Biennial Budget and Exhibit Atty Routing No:
A Salary Table Atty Review Date:
February 22, 2021
Noah D. Crocker
Finance Director
Summary: The City Budget is written to capture revenue and expenses over the fiscal
period. During the biennial period, changes to the budget in both revenue and
expenditures need to be recognized by Budget Amendment. Exhibit A of the 2021-2022
Biennial Budget identifies the Personnel positions of the City as well as pay ranges.
By this Ordinance No. OXX-22, the City Council would amend the 2021 — 2022 Biennial
Budget, as adopted by Ordinance No. 035-2o and amended by Ordinance No.015-21,
Ordinance No. 032-21, Ordinance No. 050-21, Ordinance No. 056-21, Ordinance No. o65-
21.
The proposed budget amendment is intended to provide the following:
i) Fund ooi: Current Expense Fund
a. Increase transfers out to Fund 002 City Street in the amount of $239,000 for
Crack & Seal, Lund Bridge, and Pavement Preservation
b. Increase transfers out to Fund 433 Sewer Capital in the amount of $1,410,539
representing the full payment of ARPA for 2021 being allocated to Marina
Pump Station
c. Eliminate transfers out to Fund 413 Water Capital in the amount of $9oo,000
representing a portion of ARPA for 2021 no longer allocated to Well #13 and
MW Interie projects
d. Reduce 2022 Ending Fund balance by $749,539 reflecting the impact of the
transfers
2) Fund 002: City Street Fund
a. Increase transfers in from Fund oo1 in the amount of $239,000 for Crack
&Seal, Lund Bridge, and Pavement Preservation
b. Eliminate transfers in from Fund 304 in the amount of $239,000 for Crack
&Seal, Lund Bridge, and Pavement Preservation
c. No impact to fund balance
3) Fund 103: Criminal Justice Fund
a. Increase expenditure authority to purchase police helmets in the amount of
$60,000
b. Reduce 2022 ending fund balance by $6o,000
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_-,---f4
4) Fund io9: Real Estate Excise Tax Fund
a. Increase transfer out to Fund 304 for the Bay Street Pedestrian Pathway project
in the amount of $500,000 for the project including fully funding the ROW
services contract previously authorized
b. Reduction of 2022 ending fund balance by $500,00o reflecting impact of the
transfer
5) Fund 304: Street Capital Projects
a. Increase transfers in from fund log for the Bay Street Pedestrian Pathway
project in the amount of $500,000
b. Increase expenditure authority for the Bay Street Pedestrian Pathway project in
the amount of approximately $500,000
c. Eliminate transfers out to Fund 002 in the amount of $239,000 for Crack
&Seal, Lund Bridge, and Pavement Preservation
d. Increase of 2022 ending fund balance by $239,00o reflecting impact of the
transfers
6) Fund 413: Water Capital Fund
a. Eliminate transfers in from Fund o01 Current Expense in the amount of
$600,00o representing a portion of ARPA for 2021 no longer allocated to MW
Interie at Old Clifton project
b. Eliminate transfers in from Fund o01 Current Expense in the amount of
$300,00o representing a portion of ARPA for 2021 no longer allocated to Well
#13
c. Eliminate expenditure authority in the amount of $600,00o for longer
allocated MW Interie at Old Clifton project
d. Eliminate expenditure authority in the amount of $300,000 for longer
allocated to Well #13
e. No impact to fund balance
7) Fund 423: Storm Drainage Capital Fund
a. Increase expenditure authority in the amount of $5,200 for the appraisal
services rendered under C073-21.
b. Reduce 2022 ending fund balance by $5,200
8) Fund 433: Sewer Capital
a. Increase transfers in from Fund o01 Current Expense in the amount of
$1,410,539 representing the full payment of ARPA for 2021 being allocated to
Marina Pump Station
b. Increase ending fund balance in the amount of $1,410,539
9) Exhibit A
a. Add 2 FTE to the Patrol Officers position. The additional FTE count will
provide the police department the ability to recruit and hire in a more flexible
and timely manner as officers retire and leave the city. It will provide some
overlap in personnel to support coverage and ensure adequate officers are
employed with the City.
Recommendation: The Finance Director recommends adoption of Ordinance No.
ooX-22, amending the 2021-2022 Biennial Budget including Exhibit A.
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_-b_-..f4
Relationship to Comprehensive Plan:
Motion for consideration: I move to adopt Ordinance No. oXX-22, amending the
2021-2022 Biennial Budget including Exhibit A as adopted by Ordinance No. 035-2o and
amended by Ordinance No.015-21, Ordinance No. 032-21, Ordinance No. 050-21,
Ordinance No. 056-21, Ordinance No. 065-21, the 2021 — 2022 Biennial Budgets for the
City of Port Orchard.
Fiscal Impact: A future financial budget amendment may be needed prior to the
end of the biennium.
Alternatives: Do not authorize and provide alternative guidance
Attachments: Ordinance No. oXX-22, Exhibit A
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 002 - City Street Fund (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 1,479,291
$ -
$ 1,479,291
Revenue $ 6,121,880
$ -
$ 6,121,880
Expense $ 7,155,472
$ -
$ 7,155,472
Ending Fund Balance $ 445,699
1 $ -
$ 445,699
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 103 - Criminal Justice
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 377,608
$
-
$ 377,608
Revenue
$ 491,900
$
-
$ 491,900
Expense
$ 584,325
$
60,000
$ 644,325
Ending Fund Balance
$ 285,183
1 $
(60,000)1
$ 225,183
Page 98 of 110
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. -I- . ..l
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 109 - Real Estate Excise Tax
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 050.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 3,266,592
$
-
$ 3,266,592
Revenue
$ 2,927,400
$
-
$ 2,927,400
Expense
$ 1,927,200
$
500,000
$ 2,427,200
Ending Fund Balance
$ 4,266,792
1 $
(500,000)1
$ 3,766,792
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 304 - Street Capital Projects
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 1,732,515
$
-
$ 1,732,515
Revenue
$ 5,546,333
$
500,000
$ 6,046,333
Expense
$ 6,539,400
$
261,000
$ 6,800,400
Ending Fund Balance
$ 739,448
$
239,000
$ 978,448
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 413 - Water Capital
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 1,382,354
$ 1,382,354
Revenue
$ 6,037,400
$ (900,000)
$ 5,137,400
Expense
$ 5,117,400
$ (900,000)
$ 4,217,400
Ending Fund Balance
$ 2,302,354
1 $ -
1 $ 2,302,354
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 423 - Storm Drainage Capital Facil (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 99,113
$ 99,113
Revenue $ -
$ -
Expense $ -
$ 5,200
$ 5,200
Ending Fund Balance $ 99,113
1 $ (5,200)1
$ 93,913
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 433 - Sewer Capital (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 2,369,050
$ 2,369,050
Revenue $ 18,197,100
$ 1,410,539
$ 19,607,639
Expense $ 14,350,000
$ -
$ 14,350,000
Ending Fund Balance $ 6,216,150
1 $ 1,410,539
1 $ 7,626,689
Page 99 of 110
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ORDINANCE No. **-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE 2021-2022
BIENNIAL BUDGET AS ADOPTED BY ORDINANCE
NO. 035-20, AND AMENDED BY ORDINANCE NO'S.
015-21, 032-21, 050-21, 056-21, and o65-21 TO
RECOGNIZE EXPENDITURES AND REVENUES
NOT ANTICIPATED AT THE TIME OF THE
ADOPTION OF THE 2021-2022 BIENNIAL BUDGET
INCLUDING ADDING TWO ADDITIONAL FULL
TIME EQUIVALENT POSITIONS FOR THE POLICE
DEPARTMENT; PROVIDING FOR TRANSMITTAL
TO STATE; PROVIDING FOR PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard adopted its 2021 - 2022 Biennial Budget
via Ordinance No. 035-20, which was previously amended by Ordinance Nos. 015-21,
032-21, 050-21, 056-21 and o65-21; and
WHEREAS, the City desires to keep current on budget amendments; and
WHEREAS, it is necessary to consider adjustments to accounts and/or funds by
means of appropriation adjustments that could not have been anticipated at the time of
passage of the 2021- 2022 Biennial Budget; and
WHEREAS, the City will transfer $239,000 from Fund ool to Fund 002 for
Crack & Seal, Lund Bridge, and Pavement Preservation
WHEREAS, the City will transfer $1,410,539 of ARPA monies from Fund o01 to
Fund 433 for Sewer Capital Projects and eliminate the previously authorized transfers of
$900,000 of ARPA monies for Water Capital Projects.
WHEREAS, the City will increase expenditure authority for Fund 103 to make
necessary police equipment purchases in the amount of $60,000
WHEREAS, the City Council has previously approved Contract C072-18 for
Tierra Right of Way Services with which requires additional funding from fund log in
the amount of approximately $500,000 to fully fund this contract as well as additional
expenses for the project; and
WHEREAS, the City will transfer up to $500,000 from fund 109 to fund 304 for
the Bay Street Pedestrian Pathway Project and will spend the $500,00o additional
funding on the Bay Street Pedestrian Pathway Project; and
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WHEREAS, the City will eliminate transfers out of $239,000 from Fund 304 to
Fund 002 for Crack & Seal, Lund Bridge, and Pavement Preservation
WHEREAS, the City will eliminate $900,000 of ARPA monies being
transferred from Fund ool to Fund 413 for Water Capital Projects and reduce the
expenditure authority by $900,00o as appropriate.
WHEREAS, the City Council has previously approved Contract C073-21 for
Sherman Ave appraisal which requires funding from the Storm Drainage Capital Fund
in the amount of $5,200 to fully fund this contract
WHEREAS, the City will transfer $1,410,539 of ARPA monies from Fund ool to
Fund 433 for Sewer Capital Projects to support the Sewer Capital infrastructure
projects.
WHEREAS, the City desires to fund two additional Full Time Equivalent (2
FTE) for Patrol Officer positions; and
WHEREAS, the City Council has considered the proposed budget amendments
and finds that amendments authorized by this Ordinance are consistent with applicable
laws and financial policies, and further the public's health, safety and welfare; NOW,
THEREFORE:
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The 2021-2022 Biennial Budget, and enabling Ordinance No.035-
2o as amended by Ordinance's No.15-21, 032-21, 050-21,056-21 and o65-21 is herby
amended to reflect the following: including Exhibit A to the 2021 — 2022 Biennial
Budget is amended as shown on the Exhibit A attached hereto.
Page 101 of 110
001
Current Expense Fund
Revenue
$
26,069,100
$ 33,279,201
$ 35,529,201
$
$ 35,529,201
Expense
$
26,069,100
$ 33,279,201
$ 35,529,201
$
$ 35,529,201
002
City Street
Revenue
$
5,131,900
$ 7,601,171
$ 7,601,171
$
$ 7,601,171
Expense
$
5,131,900
$ 7,601,171
$ 7,601,171
$
$ 7,601,171
003
Stabilization
Revenue
$
2,300,000
$ 2,693,687
$ 2,693,687
$
$ 2,693,687
Expense
$
2,300,000
$ 2,693,687
$ 2,693,687
$
$ 2,693,687
103
Criminal Justice
Revenue
$
760,900
$ 869,508
$ 869,508
$
$ 869,508
Expense
$
760,900
$ 869,508
$ 869,508
$
$ 869,508
104
Special Investigative Unit
Revenue
$
102,000
$ 105,797
$ 105,797
$
$ 105,797
Expense
$
102,000
$ 105,797
$ 105,797
$
$ 105,797
107
Community Events
Revenue
$
400,000
$ 412,002
$ 412,002
$
$ 412,002
Expense
$
400,000
$ 412,002
$ 412,002
$
$ 412,002
108
Paths & Trails
Revenue
$
12,900
$ 13,096
$ 13,096
$
$ 13,096
Expense
$
12,900
$ 13,096
$ 13,096
$
$ 13,096
109
Real Estate Excise Tax
Revenue
$
4,854,000
$ 6,193,992
$ 6,193,992
$
$ 6,193,992
Expense
$
4,854,000
$ 6,193,992
$ 6,193,992
$
$ 6,193,992
111
Impact Fee
Revenue
$
2,282,500
$ 4,006,467
$ 4,006,467
$
$ 4,006,467
Expense
$
2,282,500
$ 4,006,467
$ 4,006,467
$
$ 4,006,467
206
Bond Redemption Fund
Revenue
$
598,200
$ 598,200
$ 598,200
$
$ 598,200
Expense
$
598,200
$ 598,200
$ 598,200
$
$ 598,200
302
Capital Construction
Revenue
$
620,000
$ 3,606,707
$ 5,881,707
$
$ 5,881,707
Expense
$
620,000 $
3,606,707
$ 5,881,707
$
$ 5,881,707
304
Street Capital Projects
Revenue
$
4,328,100
$ 7,278,848
$ 7,278,848
$ 500,000
$ 7,778,848
_
Expense
$
4,328,100
$ 7,278,848
$ 7,278,848
$ 500,000
$ 7,778,848
401
Water -Sewer Utilities
Revenue
$
$ -
$ -
$ -
$ -
Expense
$
$
$
$
$
403
Water -Sewer Cumulative Reserve
Revenue
$
$
$
$
$
Expense
$
$
$
$
$ -
411
Water- Operations
Revenue
$
8,504,400
$ 9,694,063
$ 9,694,063
$
$ 9,694,063
Expense
$
8,504,400
$ 9,694,063
$ 9,694,063
$
$ 9,694,063
412
Water- Stabilization
Revenue
$
917,000
$ 950,216
$ 950,216
$
$ 950,216
Expense
$
917,000
$ 950,216
$ 950,216
$
$ 950,216
413
Water -Capital Projects
Revenue
$
6,964,200
$ 7,419,754
$ 7,419,754
$ (900,000)
$ 6,519,754
Expense
$
6,964,200
$ 7,419,754
$ 7,419,754
$ (900,000)
$ 6,519,754
414
Water -Debt Service
Revenue
$
840,250
$ 840,250
$ 840,250
$
$ 840,250
Expense
$
840,250
$ 840,250
$ 840,250
$
$ 840,250
421
Storm Drainage - Operations
Revenue
$
5,076,900
$ 5,352,120
$ 5,352,120
$
$ 5,352,120
Expense i
$
5,076,900
$ 5,352,120
$ 5,352,120
$
$ 5,352,120
422
Storm Drainage - Stabilization
Revenue
$
503,300
$ 533,931
$ 533,931
$
$ 533,931
Expense
$
503,300
$ 533,931
$ 533,931
$
$ 533,931
423
Storm Drainage -Capital Projects
Revenue
$
30,100
$ 99,113
$ 99,113
$
$ 99,113
Expense
$
30,100
$ 99,113
$ 99,113
$
$ 99,113
424
Storm Drainage - Debt Service
Revenue
$
355,300
$ 355,300
$ 355,300
$
$ 355,300
Expense $
355,300
$ 355,300
$ 355,300
$
$ 355,300
431
Sewer- Operations
Revenue
$
12,659,200
$ 13,711,301
$ 13,711,301
$
$ 13,711,301
Expense
$
12,659,200
$ 13,711,301
$ 13,711,301
$
$ 13,711,301
432
Sewer- Stabilization
Revenue
$
1,355,050
$ 1,422,016
$ 1,422,016
$
$ 1,422,016
Expense
$
1,355,050
$ 1,422,016
$ 1,422,016
$
$ 1,422,016
433
Sewer -Capital Projects
Revenue
$
9,612,100
$ 20,566,150
$ 20,566,150
$1,410,539
$ 21,976,689
Expense
$
9,612,100
$ 20,566,150
$ 20,566,150
$1,410,539
$ 21,976,689
434
Sewer - Debt Service
Revenue
$
550,000
$ 550,000
$ 550,000
$
$ 550,000
Expense
$
550,000
$ 550,000
$ 550,000
$
$ 550,000
500
E R&R
Revenue
$
4,927,400
$ 5,271,030
$ 5,271,030
$
$ 5,271,030
Expense
$
4,927,400
$ 5,271,030
$ 5,271,030
$
$ 5,271,030
Grand Total
Revenuel
$
99,754,800 1
$ 133,423,920
$ 137,948,920
$1,010,539
$ 138,959,459
Grand Total
Expense I
$
99,754,800 1
$ 133,423,920
$ 137,948,920
rsi,olo,539
I $ 138,959,459
SECTION 2. Transmittal. The City Clerk shall transmit a complete, certified copy
of the amended budget as adopted to the state auditor and to the Association of
Washington Cities per RCW 35.34.130•
SECTION ,i. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Page 102 of 110
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and
the codifiers of this ordinance are authorized to make necessary technical corrections to
this ordinance, including, without limitation, the correction of clerical errors; references
to other local, state, or federal laws, codes, rules, or regulations; or section/subsection
numbering.
SECTION s. This Ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 22nd day of
February 2022.
Rob Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlie A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
John Clauson, Councilmember
Page 103 of 110
Back to Agenda
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Hiring Incentives Discussion
Meeting Date: February 15, 2022
Time Required: 30 minutes
Attendees: Debbie Lund and Chief Matt Brown
Action Requested At This Meeting: Discussion of incentives for 1) Lateral Police Officers and
2) employee referrals.
Issue: The current recruitment environment is challenging. Unemployment is low, qualified
applicants are in high demand and employers are competing for applicants. The Police Chief
proposed two incentive programs to the Finance Committee. The Finance Committee
indicated support but also desired feedback from the full council before staff makes a final
recommendation.
Proposal 1A: Lateral Police Officer hiring incentive.
Proposal 1B: Crediting of new Lateral Police Officers with vacation leave and sick leave upon
hire.
Proposal 2: A referral incentive for current City employees who refer qualified, successful
candidates to a position with the City.
Background:
Proposal 1:
A) Based on research conducted by the Police Chief, all jurisdictions in Kitsap County are
incentivizing Lateral Police Officer candidates. Financial incentives range from $5,000
to $10,000, one-half payable upon hire, the remaining half payable upon the
completion of probation. Lateral officer candidates would need to sign an agreement
to repay a prorated portion of the incentive if they leave within two years.
B) In addition, some jurisdictions are crediting leave banks with paid time off. Staff is
recommending an initial 40 hours of sick leave and 40 hours of vacation leave credited
to the new lateral officer's leave banks upon date of hire.
Page 104 of 110
Back to Agenda.
EXC-ULIVC JUIIIIIIQI y J
Page 2 of 2
Proposal 2:
Our employees can become our best recruiters. Other than those employees whose
job it is to recruit (i.e. human resources) or those making the hiring recommendation
and decision (i.e. supervisors and department directors), staff is proposing a financial
incentive of $1,000 to current employees who make the first contact with a successful
applicant for a hard -to -fill position. One-half payable at the time of the applicant's
hire, the remaining half payable upon that applicant's successful completion of their
probationary period.
Alternatives: Provide staff with alternative suggestions or direction.
Recommendation:
Proposal 1A: If council is supportive of the concept, staff is seeking guidance as to the amount
of the incentive. The Finance Committee discussed support for $10,000. Please note that
Police Guild must also agree to this incentive program.
Proposal 1B: Implement a program to provide 40 hour vacation and 40 hour sick leave
balances to new Lateral Police Officer hires. Please note that Police Guild must also agree to
this incentive program.
Proposal 2: Expand upon the Chief's initial request to provide $1,000 referral incentive for
Police Officers to any hard -to -fill position, as determined by the Mayor. Please note that we
will need Memorandums of Understanding (MOU's) with all 5 unions and a City policy to
implement this program.
Relationship to Comprehensive Plan: n/a
Attachments:
1) Memo from Police Chief to Finance Committee
2) Draft policy related to Lateral Police Officer hiring incentive
3) Draft policy related to an Employee Referral Program
Page 105 of 110
L
CoY OFROHAROi90
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRITY
MEMORANDUM
TO: Rob Putaansuu, Mayor
FROM: Matt Brown, Chief of Police
SUBJECT: Incentive Pay
DATE: December 20", 2021
i%j
This memo is to request your consideration for the following recruiting tools:
1. Financial incentive for lateral peace officer candidates.
2. Financial incentive for current employees to recruit peace officer candidates.
The Port Orchard Police Department does not currently offer any hiring incentives for eligible
lateral peace officers. We are the outlier in Kitsap County, and this is affecting our ability to recruit.
The cost to send a new officer to the state police academy is $4,431, not including wages and
travel. Additionally, a new police officer takes nearly a year to go from date -of -hire to operating
independently.
Bainbridge Island Police Department
• $5,000 hiring incentive — $2,500 is payable upon hire. The remaining $2,500 is paid upon
completion of the probationary period.
• 80 hours vacation.
Bremerton Police Department
• $10,000 hiring incentive - $5,000 is payable upon hire. The remaining $5,000 is paid upon
completion of the probationary period.
• Longevity bonus pay.
• 40 hours vacation.
• 40 hours sick leave.
Kitsap County Sheriffs Office
• $5,000 hiring incentive — $2,500 is payable upon hire. The remaining $2,500 is paid upon
completion of the probationary period.
• Longevity and annual leave accrual rate based upon prior service time as a full-time
commissioned law enforcement officer.
• One week (53.3 hours) of annual leave and one week of sick leave (53.3 hours) in addition
to determined annual accrual.
Poulsbo Police Department
• $5,000 hiring incentive - $2,500 is payable upon hire. The remaining $2,500 is paid upon
completion of the probationary period.
Pagel of 2
Page 106 of 110
L
IC0Y OFRCHARD90
Recruiting Incentive
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRITY
Our officers are the City's best recruiters with a higher likelihood of bringing in positive candidates
than any other recruitment strategy. One sergeant, with his connections in the fitness industry and
the Marine Corp., recently introduced two candidates to the department. They were both hired.
I strongly recommend incentivizing our staff with a recruitment bonus should they successfully
bring new officers and professional staff into the agency.
• $500 upon offer of hire to a new member.
• $500 upon completion of probation by that new member.
This monetary incentive demonstrates the City values this recruitment strategy and the current
members of our team who work diligently to bring in the right people.
Page 2 of 2
Page 107 of 110
1. The City may offer a $XXXX recruitment incentive to Lateral Police Officer
candidates who have:
a. Completed the Washington State Basic Law Enforcement Academy;
b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer
Candidate under the City of Port Orchard's Police Civil Service Rules; and
c. Been given an unconditional offer and accepted the position of Patrol Officer
with the Port Orchard Police Department.
2. The incentive will be paid on the first available paycheck, as determined by payroll,
based on the following schedule:
a. $XXX (first half) after date of hire
b. $XXX (second half) after successful completion of probation
3. Lateral Police Officers hired during the term of this MOU will receive 40 hours of sick
leave and 40 hours of vacation leave in their leave banks effective with the first
available paycheck after date of hire.
4. Lateral Police Officers accepting the recruitment incentive will be required to sign an
agreement agreeing to repay the first half of the incentive if they voluntarily separate
or are removed from employment for cause before reaching their one year anniversary
and agreeing to repay the second half of the incentive if they voluntarily separate or are
removed from employment for cause after their one year anniversary but before
reaching their two year anniversary. Repayment of each half will be pro -rated based on
the length of their employment.
Page 108 of 110
* * * * DRAFT PROPOSED POLICY * * * * * *
3.10 EMPLOYEE REFERRAL PROGRAM
At the discretion of the Mayor, the City may provide a Referral Incentive to an Eligible Referring
Employee who refers to the City a qualified applicant who is subsequently selected and
successfully employed in an Eligible Position.
A) Definitions
Applicant: Persons who are not currently employed by the City in any capacity including
temporary, seasonal, or limited term.
Eligible Position: Positions eligible for this program must be determined by the Mayor to
be "hard to fill" positions. The following factors should be considered when
designating a position as "hard to fill":
• how critical the position is to the City's operation and mission,
• the success of recent efforts to recruit candidates and retain employees in like
positions,
• the availability in the labor market of well -qualified candidates for
employment,
• recent turnover in similar positions,
• special qualifications needed for the position, and
• other unique factors that demonstrate difficulty in filling the position.
Eligible Referring Employee: City employee occupying a regular status position with the
exception of -
Director, manager, supervisor and other person(s) associated with the selection
of the candidate,
• All Human Resources staff members,
• Any employee assigned to perform recruitment functions on behalf of their
department and/or the City, and
• Family members (as defined in Personnel Policy 3.5) of the Applicant.
Referral Incentive: A cash payment to the Eligible Referring Employee when an
Applicant has been successfully employed by the City
B) Referral Incentive Payment. A referral incentive is payable to an Eligible Referring
Employee when the position has been designated as an Eligible Position by the Mayor at
some stage of the recruitment process, prior to selecting a final candidate. A $500 incentive
is payable in the next available paycheck to the Eligible Referring Employee after the
Applicant's first day of employment. An additional $500 is payable in the next available
paycheck to the Eligible Referring Employee after the Applicant's completion of their
probationary period.
C) Referral Incentive Program Administration.
1. Referral Incentives are awarded at the discretion of the Mayor, who has the final
decision.
2. Referral Incentives are intended to be a financial incentive for Eligible Referring
Employees to reach out to qualified Applicants as a first contact from the City
Page 109 of 110
regarding specific employment opportunities.
3. The City will require the Applicant to identify the Eligible Referring Employee. In
the event more than one Eligible Referring Employee is identified by the Applicant
and a Referral Incentive is payable, a random drawing of names submitted by the
Applicant will be conducted to achieve a single Eligible Referring Employee.
4. The Eligible Referring Employee must be a City employee at the time any Referral
Incentive payment is paid.
5. The hiring process will be fair and consistent with City policies, with no bias for or
against candidates whose selection might make another employee eligible for a
Referral Incentive. All information regarding the hiring decision will remain
confidential.
Page 110 of 110