035-21 - McCormick Communities, LLC - ContractName and Mailing Address
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202102190203
Agreement Rec Fee: $ 132.50
02/19/2021 02:48 PM Page: 1 of 30
Paul Andrews, Kitsap Co Auditor
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Titles) Development Agreement between the City of Port Orchard and
McCormick for Development and Funding of Certain Transportation Improvements
Auditor's File Number of Document (s) Referenced.
Grantor(s) person(s) that conveys, sells or grants interest in property:
McCormick Communities, LLC
Grantee(s) person that buys, receives or to whom conveyance of property is made:
City of Port Orchard
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST
See additional descriptions on Page 1 through 5
Assessor's 14 digit Tax Parcel Number: 052301-4-023-2008
See additional parcel No's on Pages 1 through 5
04/25/14
Parcels and legals
McCormick North
052301-4-023-2008
RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN
VOLUME 90 OF SURVEYS, PAGES 59-63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP
052301-4-027-2004
RESULTANT PARCEL E OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN
VOLUME 90 OF SURVEYS, PAGES 59-63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEROF
052301-4-024-2007
RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN
VOLUME 90 OF SURVEYS, PAGES 59-63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP
052301-4-025-2006
RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN
VOLUME 90 OF SURVEYS, PAGES 59-63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEROF
052301-4-026-2005
RESULTANT PARCEL D OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN
VOLUME 90 OF SURVEYS, PAGES 59-63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEROF
052301-4-013-2000
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE
1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT ROADS, AND SUBJECT TO RESERVATIONS, RESTRICTIONS AND
042301-3-011-2005
RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201610250060, IN
VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP
McCormick West
082301-2-002-2004
PARCEL 1 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1005 FEET OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 1340 FEET THEREOF; ALSO EXCEPT THAT
PORTION LYING NORTHWESTERLY AND NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD;
082301-2-003-2003
PARCEL 2 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1005 FEET OF WEST 894 FEET OF THE EAST 1340 FEET OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
082301-1-013-2003
RESULTANT PARCEL B PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3220649, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1189 FEET OF THE WEST 1058.22 FEET OF THE
NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT
THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF OLD CLIFTON ROAD; ALSO EXCEPT THAT
PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 1*27'44 WEST ALONG THE WEST
LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 839.00 FEET; THENCE NORTH 30*44'56
EAST 462.00 FEET TO THE EAST LINE OF THE WEST 226.00 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE SOUTH 87*00'18 EAST 205.07 FEET TO THE EAST LINE OF THE WEST 431.00 FEET OF SAID NORTHWEST
082301-2-004-2101
TAXABLE PORTION FROM 082301-2-004-2002 (PER DOR REG. NO. 10442 001)CONTAINING 10.00 ACRES*****
082301-1-010-2006
PARCEL 5 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1189 FEET OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 1058.22 FEET THEREOF; ALSO EXCEPT
THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF AMENDED PLAT OF MCCORMICK WOODS, AS
RECORDED IN VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, RECORDS OF KITSAP COUNTY, WASHINGTON; ALSO EXCEPT
082301-1-014-2002
RESULTANT PARCEL C PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3220649, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, WASHINGTON; EXCEPT THE NORTH 1189 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 8; ALSO EXCEPT
THAT PORTION OF THE WEST 60 FEET THEREOF CONVEYED BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO.
9512290366; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF AMENDED PLAT OF
MCCORMICK WOODS, AS RECORDED IN VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, RECORDS OF KITSAP COUNTY,
172301-2-002-2003
TRACT 1 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
172301-2-004-2001
TRACT 3 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1050.00 FEET OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THAT
PORTION THEREOF LYING WITHIN MCCORMICK WOODS DIVISION 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 26 OF PLATS, PAGES 60 THROUGH 65, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT
PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 17 LYING NORTHWESTERLY OF SAID MCCORMICK WOODS DIVISION
172301-2-003-2002
TRACT 2 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON
172301-2-006-2009
TRACT 5 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
172301-2-005-2000
TRACT 4 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 1050.00 FEET THEREOF,
AND EXCEPT THAT PORTION LYING WITHIN MCCORMICK WOODS DIVISION 5, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 26 OF PLATS, PAGES 60 THROUGH 65, RECORDS OF KITSAP COUNTY, WASHINGTON AND MCCORMICK WOODS
172301-2-007-2008
TRACT 6 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON
172301-3-004-2009
TRACT 7 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, LYING NORTHERLY AND WESTERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17:
THENCE S 01*17'27 W ALONG THE EAST LINE THEREOF A DISTANCE OF 260.04 FEET TO THE SOUTH LINE OF MCCORMICK
WOODS DIVISION 9, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 28 OF PLATS, PAGES 117 THROUGH 126,
RECORDS OF KITSAP COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE
N 87*53'44 W ALONG THE SOUTHERLY LINES OF SAID MCCORMICK WOODS DIVISION 9 AND MCCORMICK WOODS DIVISION
6, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 100 THROUGH 107, RECORDS OF KITSAP
COUNTY, WASHINGTON A DISTANCE OF 3299.65 FEET TO THE SOUTHWEST CORNER OF SAID MCCORMICK WOODS DIVISION
6; THENCE S 00*00'00 W A DISTANCE OF 415.00 FEET; THENCE N 87*53'44 W TO AN INTERSECTION WITH THE WEST LINE OF
McCormick Woods
042301-3-010-2006
RESULTANT PARCEL A OF CITY OF PORT ORCHARD BOUNDARY LINE ADJUSTMENT NO. L-1078, BEING A SURVEY RECORDED
UNDER AUDITOR'S FILE NO. 201512020024, IN VOLUME 81 OF SURVEYS, PAGES 199 - 201, INCLUSIVE, RECORDS OF KITSAP
COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, AND A PORTION
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHWEST
6031-000-131-0002
TRACT C (FUTURE DEVELOPMENT) MCCORMICK WOODS SECOND AMENDMENT ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE; BEING AN AMENDMENT OF VOLUME 25 OF
PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE; ALL RECORDS OF
5552-000-045-0008
TRACT U (FUTURE DEVELOPMENT), ELDON TRAILS DIVISION 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 34 OF PLATS,
PAGE(S) 130-138, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON.
092301-1-005-2002
PARCEL 7 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN
THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF
092301-4-004-2007
PARCEL 6 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER, AND
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND THE EAST HALF OF THE SOUTHWEST QUARTER, ALL IN
SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF
MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131,
INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N
28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS "C", "M" AND "E" OF SAID PLAT, A DISTANCE OF 1,778.57 FEET TO AN
ANGLE POINT IN TRACT "E" ON THE BOUNDARY OF SAID PLA T; -I HENCE N 57*51'24" W, ALONG -I HE NOR I HEAS I LINE OF
TRACTS "E" AND "R" AND THE BOUNDARY OF SAID PLAT, A DISTANCE OF 342.19 FEET TO AN ANGLE POINT IN SAID
BOUNDARY AND A POINT ON THE ARC OF A CURVE, THE CENTER OF WHICH BEARS S 48*12'46" E; THENCE NORTHEASTERLY,
ALONG THE ARC OF A CURVE TO THE RIGHT, ALONG THE SOUTHEAST LINE OF TRACT "A" AND THE BOUNDARY OF SAID PLAT,
SAID CURVE HAVING A RADIUS OF 430.00 FEET, THROUGH A CENTRAL ANGLE OF 07*10'40" A DISTANCE OF 53.87 FEET;
THENCE N 48*57'54" E, CONTINUING ALONG SAID SOUTHEAST LINE, A DISTANCE OF 127.51 FEET TI A POINT OF CURVE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, CONTINUING ALONG SAID SOUTHEAST LINE, SAID CURVE
HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 04*46'06" A DISTANCE OF 30.79 FEET TO AN ANGLE
POINT OF SAID TRACT AND BOUNDARY; THENCE N 55*21'34" W, ALONG THE NORTHEAST LINE OF SAID TRACT, A DISTANCE
OF 275.56 FEET TO AN ANGLE POINT IN SAID TRACT AND BOUNDARY; THENCE N 52*27'56" W, DEPARTING SAID BOUNDARY,
A DISTANCE OF 161.08 FEET TO AN ANGLE POINT IN THE MCCORMICK WOODS GOLF COURSE BOUNDARY AND THE TRUE
POINT OF BEGINNING. THENCE, ALONG THE BOUNDARY OF SAID GOLF COURSE, THE FOLLOWING COURSES AND DISTANCES:
N 87*11'40" W A DISTANCE OF 162.52 FEET; N 50*48'10" W A DISTANCE OF 287.49 FEET; N 14*47'19" E A DISTANCE OF
545.96 FEET; N 18*30'16" E A DISTANCE OF 922.17 FEET; N 75*12'04" E A DISTANCE OF 66.76 FEET; N 09*11'12" E A DISTANCE
OF 99.99 FEET; N 51*34'13" W A DISTANCE OF 171.18 FEET; N 13*43'49" E A DISTANCE OF 177.17 FEET TO A POINT ON THE
ARC OF A CURVE THE OF WHICH BEARS S 09*47'43" E; THENCE EASTERLY, DEPARTING FROM SAID GOLF COURSE BOUNDARY
ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF
092301-1-009-2008
RESULTANT LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200811100041, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
RECORDING NO. 200711060175, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF TRACT E,
PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 29 OF PLATS, PAGES
120-131 INCLUSIVE, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID TRACT, SAID CORNER
ALSO BEING AN ANGLE POINT IN SAID LOT B; THENCE SOUTH 28*49'59" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID
TRACT, A DISTANCE OF 225.55 FEET TO A POINT ON AN ARC OF A CURVE, THE CENTER OF WHICH BEARS NORTH 3*21'25"
EAST; THENCE WESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT AND ALONG AN ARC OF A CURVE TO THE RIGHT,
SAID CURVE HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 8*58'20" A DISTANCE OF 57.94 FEET;
THENCE NORTH 11*43-39" WEST, DEPARTING FROM SAID LINE, A DISTANCE OF 65.52 FEET; THENCE NORTH 35*26'50" EAST A
DISTANCE OF 102.47 FEET; THENCE NORTH 20*30'09" EAST A DISTANCE OF 101.55 FEET TO THE NORTHEASTERLY LINE OF
SAID TRACT; THENCE SOUTH 57*51'24" EAST, ALONG SAID LINE, A DISTANCE OF 99.72 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION OF SAID LOT B DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID TRACT
E; THENCE NORTH 57*51'24" WEST, ALONG THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 99.72 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 57*51'24" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 181.46 FEET
TO THE MOST NORTHERLY CORNER OF SAID TRACT AND A POINT ON AN ARC OF A CURVE, THE CENTER OF WHICH BEARS
SOUTH 46*37'48" EAST; THENCE NORTHEASTERLY, DEPARTING FROM SAID LINE AND ALONG AN ARC OF A CURVE TO THE
RIGHT, SAID CURVE HAVING A RADIUS OF 370.00 FEET, THROUGH A CENTRAL ANGLE OF 5*35-42" A DISTANCE OF 36.13 FEET;
092301-4-005-2006
PARCEL 10 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
092301-4-003-2008
PARCEL 5 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING NORTHERLY OF THE NORTH RIGHT-OF-
WAY LINE OF MCCORMICK WOODS DRIVE SW AS DEEDED TO KITSAP COUNTY BY DEED RECORDED UNDER KITSAP COUNTY
RECORDING NUMBER 200610090200.>>>EXCEPTTHAT PORTION CONVEYED TO KITSAP COUNTY FOR DETENTION POND
092301-4-002-2009
PARCEL 4 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE
NORTH 200 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE
1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING SOUTHERLY OF THE SOUTH RIGHT-OF-WAY LINE OF MCCORMICK
WOODS DRIVE SW AS DEEDED TO KITSAP COUNTY BY DEED RECORDED UNDER KITSAP COUNTY RECORDING NUMBER
200610090200. EXCEPT THAT PORTION LYING WITHIN THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE
162301-1-021-2003
PARCEL 3 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING
SOUTHEASTERLY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF
162301-1-020-2004
PARCEL 2 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
162301-1-019-2007
PARCEL 1 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND McCORMICK FOR THE
DEVELOPMENT AND FUNDING OF
CERTAIN TRANSPORTATION IMPROVEMENTS
THIS DEVELOPMENT AGREEMENT is made and entered into this 3 day February,
2021, by and between the City of Port Orchard, a non -charter, optional code Washington
municipal corporation, hereinafter the "City," and McCormick Communities, LLC, a limited
liability company organized under the laws of the State of Washington, together with
McCormick Development Corporation, a Washington Corporation, hereinafter collectively the
"Developer" or "McCormick" (together the "Parties").
In addition, McCormick Land Company, a Washington corporation, hereafter "MLC," is
a Party for purposes of Sections 7, 15, and such other sections as specifically refer to MLC.
The Parties hereby agree as follows:
RECITALS
WHEREAS. the Washington Stale Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control
of real property within its jurisdiction (IZCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and
other provisions that shall apply to, govern, and vest the development, use and mitigation ol'the
development of the real property for the duration specified in the agreement (IZ(`W
36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable
development regulations adopted by a local government planning under chapter 36.70A RCW
(RCW 36.70B.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20?6 of the fort Orchard Municipal Code
("POMC") which establishes the standards and procedures for Development Agreements in Port
Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, the Developer has applied for a Development Agreement under Chapter
20.26 POMC and such Agreement has been processed consistently with the POMC and State
law; and
WI-IERI`sAS, this Development Agreement by and between the City of 13ol-I Orchard and
the Developer {hereinafter the -Development Agreement"). relates primarily to the development
of property owned by Developer within and scar McCormick Woods in the Ocinit) of 01d
Clifton Itoad and Campus Parkway and that is more particularly described on Exhibits A-1, A-2,
Development Agreement for Funding Transportation Improvements
Page 1 of 19
FG:54082696.4
B-1, and B-2 (hereinafter the "McCormick Property"); and
WHEREAS, in 2005 the City's predecessor in interest entered into a Development
Agreement with Developer's predecessor in interest for the development of certain transportation
improvements; and
WHEREAS, since that time, the City annexed the property and in accordance with RCW
36.7013.190 assumed jurisdiction and agreed to be bound by the 2005 Transportation
Development Agreement; and
WHEREAS. as part of that 2005 Agreement, the predecessor to the Developer (GEM 1,
LLC) constructed some projects and paymems for those projects are still on -going and will
continue until GEM I, LLC's successor is fully reimbursed; and
WHEREAS, since annexing this property, the City's transportation plans have been
updated; and
WHEREAS, the City is in the process of adopting updated transportation impact fees;
and
WHEREAS, during this process, an in-depth look at the projects needed to meet the
projected development by Developer and others in the City was performed; and
WHEREAS. the updated transportation impact fees are based, in part, on the 2005
Development Agreement with the Developer's predecessor as well as on the updated project list;
and
WHEREAS, the Developer did not acquire from GEM 1, LLC ("GEM 1"), and GEM 1
still retains, the right to reimbursement that accrued under the 2005 Transportation Agreement
when GEM 1 constructed the Glenwood Connector Roadway and minor improvements to
Feigley Road, the only projects identified in that 2005 agreement that have been constructed; and
WHEREAS, the City has been paying such reimbursement to GEM l and its successor
since 2008, and nothing in this Agreement changes or is intended to change the City's obligation
to continue paying such reimbursement to GEM 1; and
WHEREAS, GEM 1 assigned its right to reimbursement to the McCormick Land
Company in 2016, after which time, the City paid reimbursement to the McCormick Land
Company ("MLC"); and
WHEREAS, MLC continues to own property in Port Orchard; and
WHEREAS, MLC has signed this Agreement to confirm that this Agreement will fully
replace and supersede the 2005 Transportation Development Agreement ("2005 Transportation
DA"); and
Development Agreement for Funding Transportation Improvements
Page 2 of 19
FG:54082696.4
WHEREAS, the Developer now seeks to update the 2005 Transportation DA in
conjunction with obtaining a permit to build the Campus Parkway Roundabout; and
WHEREAS, the purpose of this Agreement is to carry forward and better define the
concurrency evaluation that was part of the 2005 Transportation DA, to carry forward the impact
fee reimbursement for MLC, and to establish an impact fee credit system for Developer to
recover its costs of building the McCormick Projects described below; and
W11F'REAS, apart from concurrency and impact fee credits/reimbursement, this
Agreement does not address development standards, vesting, or any other regulation that impacts
how the McCormick Property will be developed; and
WI-It?RE!1S. the Parties agree that the 2005 "l"ransponation DA, as set forth in the traffic
study attached to that 2005 i'raiisVortation DA, anticipated the gcneraliun of4.935 PM peA' Bout.
trips. Based on the development activity since 2005. sotlle of these "trips" have been absorbed.
The parties believe it is advantageous to set Furth the remaining capacity that may be utilized in
I'ttture development 1111ases and have confirmed the concurrency numbers as of the date of this
Agreement; and
WHEREAS, in consideration of the benefits conferred by this new Development
Agreement, which reflect the current plan', of both the City and the Developer and include
confirmation of concurrency, a new project list, and a set impact fee credit calculation, the
parties deem it in their best interests and the best interests of the community to repeat and replace
the 2005 Transportation DA with this updated agreement; and
WHEREAS, there are two projects identified on both Exhibit A to the 2005
Transportation DA and also on the City's new TIP. As described ill (tic liew 'I'II', these projects
are ID 111.5C, "Old Clifton Rd — Campus Pkwy Intersection and ID 42.08 Old Clifton 141 &
McCormick Woods Dr. Intersection Impr". These two projects are collectively referred to herein
as "the McCormick Projects"; and
WHEREAS, the McCormick Projects are eligible for credits under RCW 82.02.060(4);
and
WHEREAS, the following events have occurred in the processing of the Developer's
application:
a) The Developer applied I'ar this Development Agreenlca,t on December 4, 2020: and
b) The Development Agreement is related to and h<tti been consolidated under I'OMC
20.22.020(2) with the !'allowing project permits:
Land Disturbing Activity Permit PW20-031
Stormwater Drainage Permit PW20-032
c) The Developer is ready and willing to commence construction on the project known
as Old Clifton Rd - Campus Parkway Intersection (a roundabout project) and has applied for a
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Page 3 of 19
FG:54082696.4
Land Disturbing Activity permit and Stormwater Drainage Permit to perform this project;
d) The Old Clifton Rd — Campus Parkway Intersection is included in the City's
transportation plan upon which the updated impact fees are based and therefore the Developer
may be reimbursed fi•om the impact fees for Ihat project;
e) The City Council held a public hearing on February 9, 2021 regarding this
Development Agreement;
(0the City Council authorized the Mayor
f) After a public hearing, by Ordinance No. _,
to sign this Development Agreement with the Developer;
AGREEMENT
Section 1. The McCormick Projects. The two transportation projects described above
as "the McCormick Projects" will serve the McCormick Property as well as provide connectivity
and capacity for the City. The Campus Parkway Roundabout LDAP Permit #PW20-0031 and
SDP Permit PW20-032 as well as the future development of the McCormick Woods Drive
Roundabout, which will be permitted at a later date, are both subject to impact fee credit in
accordance with this Agreement.
Section 2. The McCormick Property. The McCormick Property comprises
McCormick North, McCormick West, and McCormick Woods, which are legally described by
parcel number in Exhibit A-1 and depicted on A-2, attached hereto and incorporated herein by
this reference. The McCormick Projects will serve the McCormick Property and the credits
authorized by this Development Agreement are only applicable to lots for which building
permits are applied for after the date of this Agreement within the boundaries of the McCormick
Property as defined on Exhibit A-1 and as shown on the Map attached hereto as Exhibit A-2.
Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "2005 Transportation Development Agreement" or "2005 Transportation DA" means
the 2005 Development Agreement for Transportation which was executed between Kitsap
County and Gem 1, LLC and dated April 25, 2005 and which was assumed by the City of Port
Orchard upon annexation on May 27, 2009.
b) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200 and Chapter 20.26 POMC.'
c) "Commence construction" as to the McCormick Projects means that the required
permit(s) have issued and there are "boots on the ground" at the construction site.
d) "Completion" as to the McCormick Projects means passing final inspection
associated with the LDAP/SDP permits and providing the required 2-year warranty and
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Page 4 of 19
FG:54082696.4
maintenance bond for the improvement(s).
"Cpl-tj" Iz►eans the percentage rate change for the All Urban Consumers Index (CP1-U)
(1982-1984- 100). not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12
month period [loin January I ' to December 311 Indexed as the Annual Average, as is specified
by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CP1-U
shall take effect on March I" of the following year.
e) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
f) "Director" means the City's Community Development Director.
g) "Effective Date" means the effective date of the Adopting Ordinance.
h) "Maximum credit" or "maximum reimbursement" means the maximum amount that
is eligible for projects subject to this Agreement, or for past projects done by GEM 1/MLC, for
which reiniburserttent or impact fee credits will be provided by the City to the Developer or
MLC.
i)-McCormick Project(s)" or "Prajict(s)" incalls the two transp0rtatinn protects
described above which serve both the McCormick Pmperiy and the greater cc�ntIII Lill ity, as
specified in Section 1 and as provided for in all associated permits/approvals, and all
incorporated exhibits.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A-1— Parcel numbers of the McCormick Property that are subject to
impact fee credit.
b) Exhibit A-2 — Map depicting the boundaries of the McCormick Property that are
subject to the impact fee credit in this Agreement.
c) Exhibit B-1— Parcel numbers of the McCormick Property with vested
concurrency.
d) Exhibit B-2 Map depicting the boundaries of the McCormick Property with
vested concurrency .
e) Exhibit C — Map showing the original boundaries for the 2005 Transportation
DA which remains the reimbursement area for MLC
Section 5. Parties to Development Agreement. The parties to this Agreement are:
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Page 5 of 19
FG:54082696.4
a) The "City" is the City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366.
b) The "Developer" veloper" or "Property Owner" or "McCormick" is a private enterprise which
owns the McCormick Property in fee, and whose principal ollice is located at 12332 NF, 1 15th
Place, Kirkland, WA.
c) GEM 1, LLC is the prior owner of the property that was subject to the 2005
Transportation DA, and MLC is the successor to GEM I for purposes of reimbursement. MLC is
located a[ 1869 MrGilvra Blvd E, Seattle, WA 98112 and is still receiving reimbursement from
the City for transportation projects done under the 2005 Transportation DA. These payments will
continue in accordance with Section 15 of this Agreement.
Section 6. Projects are a Private Undertaking. It is agreed among the parties that the
Projects are private improvements for which credits are required pursuant to RCW 82.02.060(4)
and that the City has no interest in the improvements until such time as each Project is completed
and dedicated to the City.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of the Adopting Ordinance approving this Agreement and shall continue in force for a period of
twenty (20) years unless extended or terminated as provided herein, provided that reimbursement
to MLC pursuant to Section 15 shall surviVI: expiration until full rrinlbursenlent is received by
MLC. Following the expiration of the term or extension thereof; or if sooner ternlirtaled. this
Agreement shall have no force and effect.
Section 8. Repeal and Replacement of 2005 Transportation DA. In consideration of
the benefits to (lie Developer provided by the timely construction of the McCormick Projects, the
confirmation of concurrency, the agreement on a credit calculation for transportation impact fees
which will he charged to the McCormick Property, and the continuation of reimbursement from
impact fees to MI.C. the Developer, MIX. and the City agree to rescind, and by execution of this
Agreement do rescind, the 2005 '1"ransportadon Agreement, and replace it with this Development
Agreement,
Section 9. Concurrency. The Parties agree that City streets affected by development of
the McCormick Property have the capacity to serve the McCormick Property in compliance with
the City's concurrency requirements so long as such development does not result in the
generation of more than 3,806 PM peak hour tl.ips, which is the number of remaining trips
identified in Section 9 of the ''005 Transportation DA reserved for the McCormick Property
identified on Exhibits B-1 and B-2. This remaining concurrency provided in the 2005
Transportation DA is being carried forward for the duration of this Agreement as set forth below.
These trips are available as of December 15, 2020.
Available PM Lots/lunits for Map Designation on
Area Peak Tri s Residential t Ex. C
McCormick North North
village local center 659 e Note 1 North
(Se
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Page 6 of 19
FG:54082696.4
(residential +
commercial
_
• Single Family
312
315
North
Residential
--
Total McCormick North
971
West
McCormick West
• Multifamil
415
419
West
• Single Family
1,530
'
1,545
West
Residential
Total McCormick West
1,945
McCormick Woods
697
640
Wd
McCormick Woods Retail
63
N/A
Wd
McCormick Woods
122
N/A
GC
Conference iGolf Facilities)
Woods iecuacy lots
8
8
Not depi
_McCormick
Total McCormick Woods
890
L rand Total I i1buft I _ I '
There are 659 PM Peak Trips available within the Village local center. Residential PM Peak
Trips will be calculated per unit and commercial PM Peak trips will be calculated by use type
and square footage.
The defined areas for the assigned concurrency numbers above are listed by parcel number on
Exhibit B-1 and sho%�Il (except for the eight legacy lots, which are vacatlt lots in prior
subdivisions) on Exh i bit B-2, which Exhibits are attached hereto and incorporated herein by this
rercrence as if set luf'tll in Eull. Residential development shall be limited by either the PNl peal:
hour trips or the number of units, wilichever is more restrictive. Cotrnrlercial clevelopnlent shall
be limited only by tile I'M peak hour trips. To the extent that McCormick in the Future proposes
residential or commercial development whilin the McCormick Property that will genl:l'ate more
than the number of PM peak hour trips shown in the above table. the City will make a new
concurrency determination regarding the capacity of its street system at that time.
Section 10. Project Schedule. The Developer will commence construction of the two
McCormick Pre►iccts on the following schedule
a) Work on lire roundabout at the intersection of Old Clifton Road and Campus Parkway
(Project 11) #1.5C on the City's 'i-ll') (Permits APW20-031 and PW20-032) ,,hall
commence no later than June 0, 2021, and Ieveloper will complete constrLIC6011 in a
timely and workmanlike manner. Such work shall be completed no later than September
30, 2022.
b) Developer will submit a complete set of plans lbr a roundabout at the intersection of Old
Clifton Road and McCormick Woods Drive (Project ID ii2.01i no later than June. 1, 2023
Development Agreement for Funding Transportation Improvements
Page 7 of 19
FG:54082696.4
and will commence construction of said roundabout no later than June 1, 2024, provided
that the City has before then acquired the additional land, not owned by Developer, that is
needed for this roundabout; and Developer will complete construction in a timely and
workmanlike manner. Such work shall be completed no later than September 30. 2025 so
long as the City has acquired the land necessary for the rotnldabOnt before June 1, 2024.
If the City has not acquired the land necessary for the roundabout bi Iore..lunc I, 2024,
but does so more than 24 months before expiration or this Agreement. Developer shall
construct the roundabout with 24 months of such acquisition.
Section IL Project standards. Developer will finance. design. �li,d construct these
McCormick 11,1Yijects to comply with City standards, including obtaining all necessary permits.
'rhe City will approve the plans before consh•uctiotl begins: attd tl,c City will accept
resptansibility for the operation of the Projects once construction is completed and a two-year
warranty and maintenance: bond is in place. A Pt-ojcct will be deemed completed when all of the
following, taccurti: I. The City deerti,s it substantially complete; 2. All punch list items are
finished:.3. The City the Inrforniance bond; 4. The Developer has put a 2-year warranty
and maintenance bond in place; 5. The Developer has completed all property dedications; and 6.
The Developer has provided the City with a Bill of Sale for the improvements containing the
certified construction costs (stamped by licensed engineer) to the City l'or determination of the
maximum credits available under this Agreement. The City will confirm completeness of the
Project by issuing a Final Notice of Completeness to the Developer.
Section 12. Project costs. The maximum amount of the credit (or reimbursement) for
project costs performed under this Agreement shall be limited to no greater than the engineer's
estimate contained in the C ity's transportati0l, impact Ice calculation. pltts an ranottaI inflmor per
the CPI-U, or, the actual costs incurred by the Developer. whichever is less. The credits provided
under Section 14 below are limited to this maximum credittreimbursement amount and once the
project cost maximum(~) have been achieved through credits or direct reimbursement to
Developer, the credits will no longer be available and full impact fees will be due for further
development.
Section 13. Applicable Impact Fees. The repeal and replacement of the 2005
Transportation I)A results in all propert4 owners both within and without the McCormick
Property hcing subject to the C'ity's established city-wide impact fees as these now exist or may
he modified in the future by the City Council. This Agreement further confirms that impact Ices,
permit fees, capital facilities charges, and other similar fees which are adopted by the City as o1'
the I:11ective Date of this Agreement may be increased by the City from time to time, and made
applicable to permits and approvals liar the McCormick Property, as long as such fees and
charges apply to similar applications and projects elsewhere in the City. All impact fees shall be
pslid as set rorth it, the approved permit or approval, or as addressed in chapter 20.182 of the Port
Orchard Municipal Code. except as modified by this Agreement. Nothing in this Agreement
restricts or prohibits the City from raisin} its tees, including trata5pOltation impact fees. and the
Developer agrees to pay the impact fees at the rates that are in effect at the time ►vilen payment is
due minus any credits applicable according to this Agreement.
Section 14. Impact Fee Credits. The City hereby grants the Developer a credit against
transportation impact fees for its costs to finance, design, and construct the McCormick Projects.
Development Agreement for Funding Transportation Improvements
Page 8 of 19
FG:54082696.4
The credit is available to parcels located in the areas identified and shown on Exhibits A-1 and
A-2. The credits will be calculated and applied as follows:
a) Each parcel or lot that is developed within the McCormick Property credit area
(Exhibits A-1 and A-2) will pay the City's adopted impact fees until Developer
provides documclttation to the City that Developer has expended a Illlllinitlill of
$50,000 towards the design or construction of one of* tile McCornlic.k Projects. At
the time of this Agreement, the parties believe that Developer has already met this
threshold, therefore, once Developer provides the documentation, the City will
begin applying the credit described in this Agreement.
b) Once McCormick provides documentation to the City of such $50,000
expenditure, the City will grant a credit in the amount of $1,000 per new home (or
per peak pm trip for commercial/multifamily development) against its standard
transportation impact I'c:e for each application to develop a lot or parcel within the
McCormick Property credit area (G'xhibits A-1 and A 2'1 until such time as the
credits granted by the City equal the amount of credit clue to Developer under
Section 12 above. This credit amount shall be adjusted as follows:
i. The $1,000 credit shall be adjusted annually per the CPI-U, such
adjustment to occur on March I" of each year;
ii. If the amount outstanding for reimbursement of project costs is less than
the credit, then the lesser amount shall be provided as a credit;
iii. If the City reimburses the Developer directly w iih SUA mitigation funds
received From .mother developer. then that amount shall be deducted
dollar Far dollar front the amount of project costs outstanding and the
credits available will be reduced accordingly.
c) l_Ipoll completion of' each Project, Developer sh.tll submit certified pr(fIect costs to
the City (or review and acceptallce by the City Engineer. Once these costs and
executed Bill of Sale are reviewed and accepted by the City I'itlginetr, the
maximum credit due to Developer will be established and will equal the amount
of the project costs as so certified in accordance with this subsection and Section
12. The City will grant the credits described in Subsection b) above against the
transportation impacts fees that would otherwise be due for development of lots
and parcels within the McCormick 1'ropert5credit area as identified and shown on
Exhibits A-1 and A-2. Such credits shall be provided until such time as the
Developer receives full credit and/or reimbursement for its project costs or this
Agreement terminates, whichever occurs first.
The City agrees that these credits are consistent with RCW 82.02.060(4); that they are
appropriate in light of the unusual cilrurnstances described in the Recitals above: that they are
consistent with the intent of PONW 20.182.080: and that the City Council has legislatively
approved this Agreement and exempted these credits for developmrin of the McCormick
Projects from the specific provisions of POMC 20.182.080.
Development Agreement for Funding Transportation Improvements
Page 9 of 19
FG:54082696.4
Section 1-s. N-IcCormick Land Cam sanv Reimbursement. This Agreement reallirms the
City's obligatiun to reimburse MLC fair construction of rite Glenwood COnnCetOr Road%vay and
minor improvements to Feigley Road. The maximum reimbursement amounts outstanding, for
these projects as of August 1, 2020 is $1,542,239.64. Regardless of ally fee credits pixivided for
in this Agreement, the City's reimbursement for such project shall continue at the rate of $720.80
for each unit of housing constructed or for each PM Peak trip, or fraction thereof, for which an
impact fee is assessed in the MLC reimbursement area as depicted on Exhibit C until such time
as MLC is fully reimbursed or this Agreement expires, whichever occurs first. This
reimbursement amount shall be increased annually by CPI-U (Seattle/Tacoma/Bellevue) for the
most recent twelve-month period (January I" to December 31") prior to the date of the
adjustment. Such adjustment shall take elycct can Niarch P' of each year, commencing on Mal -ell
1, 2021. Disbursements shall be made annually in .i;:rrtuary Or each year based ctn the ctlections
from January 1Ito December 3Ill in the prior year, however in 2021. such payment shall only be
from collections from August 1 to December 31, 2020 as payment from collections through July
31, 2020 has already occurred. MLC agrees to the repeal of the 2005 Transportation DA and
accepts the continence reimbursement under this new Agreement and agrees to be bound by this
new Agreement as shown by its signature to this Agreement. This Section 15 shall survive
expiration of this Agrventcnt and shall remain in effect until such time as MLC has been fully
reimbursed under the terms of this Agreement for construction of the Glenwood Connector
Roadway and minor improvements to Feigley Road.
Section 16. Dedication of Public Lands. The Developer shall cledicate the land that it owns
that is needed to construct the McCormick 111% jeeis prior to final completion of each Project_
Neither Project shall be deemed completed until such dedications have occurred. In addition.
consistent with Section 9 of the 2005 Transportation DA, to the extent that projects on the City's
TIP including Old Clifton Widening and the Feigley Road Roundabout require additional
dedications of right-of-way from within the McCormick Property, McCormick will dedicate that
portion of the additional right-of-way. Such dl x leatiUrts shall ctceur a mutually agreeable
timelmnie prior to the bid solicitation for the project requiring additional right-of-�vay.
Section 17. Default.
a) 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 defatilt 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 liz9al proceeding's.
b) 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. M its option, illstiteete legal proceedings pursuant to this Agreement. in addition.
the City may &vide to the an aCtion to enforce the City's Codes. and to obtain penalties and
costs as provided in the fort Orchard Municipal Code for violations of this Development
Development Agreement for Funding Transportation Improvements
Page 10 of 19
FG:54082696.4
Agreement and the Code.
Section 118. Termination. This Agreement shall term' ate upon the expiration of the term
idemilietl in Section 7. which expiration date is February , 2041. Upon terilination of this
Agreement, the City shall record a notice of such termination in a firm satisfactory to the City
Attorney that the Agreement has been terminated. In addition, this Agreement shall
autonratic.ally 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 and impact fees have been paid.
Section 19. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in Chapter 20.26
POMC.-
Section 20h Effect upon Termination on Developer and MLC. Termination of this
Agreement as to the Developer or as to MLC. shall not affect any of the Developer's or MLC's
respective obligations to comply with the City 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 McCormick Property or the NILC property, or any other conditions specified
in the Agreement to continue alter the termination of this Agreement or obligations to pay
assessments, liens, fees or taxes. Furthermore, ilthe Agreement expires without the project costs
being fully recovered by impact Iec credit or mitigation funds, the Developer will no longer be
eligible to receive such credits. Provided, however, that Section 15 of this Agreement will
survive termination if MLC has not yet been fully reimbursed and this Agreement will only
expire as to MLC after both termination and full reimbursement have occurred.
Section 21. lJfects upon Termination on City. Upon any termination of this Agreement as
to the McCormick Property, or any portion thereof, or as to MLC property, the ►:artitlements,
conditions of development, limitations on fees and all other terms and conditions of this
Agreement shall 110 1OW-ler be vested hereby with respect to the property affected by such
ternliliation (provided th.tt vesting of such entitlements, conditions or fees may then be
established fOr suc11 property ptn•suant to the then existing planning and zoning laws). The City
will be under no obligation to provide any additional credits or reimbursement to Developer even
if the project costs have not been fully recovered at the time of expiration or termination.
Section 22. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement will, all rights. title, and interests therein to any person, firm or
corporation at any time during Ills: tern] of'this Agreement With a sale of the underlying property.
Uevctoper Shall provide Ilse City with wri Lien notice of am+ intent to sell. assign, or transfer aIt or
a portion of IIle McCormick Property, at least ill days it, advance or such action. A twrtsler by
Developer will not impact the rights olMIX under this Agreement. This requirement for notice,
however. does not apply to the sale by Developer or individual residential lots approved by the
City for development of houses.
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Page 11 of 19
FG:54082696.4
,Section 23. Binding on Successors; Covenants Running with the Land. The conditions
and covenants set liorth in this Agreement and incorporated herein by the Exhibits shall run with
the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The
Developer and every purchaser, assignee or transferee of an interest in the McCormick Property,
or any portion thereof. shall be obligated and bound by the terms and conditions of this
Agreement. and shall be the beneficiary ther^eol' and a Party thereto, but only with respect to the
McCormick Property. or such 1)01.601' thereof, sold, assigned or transferred to it. Any such
purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations
of a Developer contained in this Agreement, as such duties and obligations pertain to the portion
of the McCormick Property sold, assigned or transferred to it.
Section 24. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver. alteration. or modification to any of the provisions of this Agreement shall be binding
rtillrtis in ► citing, signed by [lie duly authorized representative~ of the Parities. be consistent with
Chapter 20.26 POMC. and. where considered substantive as determined by the Director, follow
tilt: same procedures set lorth in Chapter 20.26 POMC. However, nothing in this Agreement
shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning
Code. Official Zoning Map or development regulation. or to impacts lees that affect the
McCormick Property in the same manner as other properties, after the Effective Date of this
Agreement.
Section 25. Releases.
a) General. Developer may tree itself from further obligations relating to the sold,
assigned, or transferred properly. provided that tl'e buyer'. assignee or transferee expressly
assumes the obligations under this Agreement as provided herein.
b) Previously collected impact fees. Developer expressly waives and f'oreverreleases
City lion' any and all claims it stay have will' regards to the amount or usage of any
transportation impact lees which the City collected from lroperty that %vas subject to the 2005
Transportation DA prior to the efii:ctive date sal' this Agreement. Developer further agrees that
City can utilize these previously collected funds on any project it deems appropriate and is not
limited to the projects outtlined in the 2005 Transportation DA. These projects include, but are
not limited, to the Old Clifton Road/Anderson Hill Road Roundabout (Project 2.07), the Old
Clifton Road non -motorized shoulder and pedestrian improvements (Project 1.5A), Old Clifton
Widening Design (Project 1.5A), and Bethel Avenue (Project 1.3).
c) Obligations to Kitsap County F minguished. This Agreement being a complete
replacement to the 2005 Transportation DA, neirl'cr Party has any obligations to Kitsap County,
Section 26. Notices. Notices. demands. correslwndencc 10 the City, MI-C. and/or Developer
(as applicable) shall be sufl icierltly given if' dispatched by pre -paid first-class nail to the
addresses of the parties as designated ill "Written Notice— Section 38 below. Notice to ti'e City
shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in -
interest of the Developer shall be required to be given by the City Only ft'r those successors -in -
interest who have given the City written notice of their address for such notice. The parties
Development Agreement for Funding Transportation Improvements
Page 12 of 19
FG:54082696.4
hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence.
Section 27. Reimbul:5ement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording lees,
pttblisilillg fces and reasonable staff and consultant costs not otherwise included within
application lees. This Agremnlcnt snail not take effect until the fees provided for in this section,
as well as any processing, Fees owed to the City for the transportation project known as the
Campus Parkway ROUndabout are paid to lire City. Upon payment{)l' all expenses. the
Developer may request written acknowledgement of all fees. Such pa%nnent of all fees- shall be
paid, at tlx: latest, within thirty (30) clays From the City's presentation of a written statement of
charges to the Developer.
Section 28. Applicable Lav►•, Resolution of Disputes, and Attorneys' Fees. if any dispute
arises between the City and Developer under any of the provisions of this Agreement.
.jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Cntn't. Kitsalp
C'ottnly. Washington or the U.S. District Cotnrt l'or Western 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 ationleY's fees.
Section 2c). No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create ally rights enforccable by any party who is not a Party to this
Agreement.
Section 30. City's rigid to breach. The panties agree that the City tllay. withOUt incurring
any liability, engage in action that would otherwise be a breach if tho City rakes a determination
on the record that the action is necessary to avoid a serious threat to public health and safety, or
if the action is required by federal or state law.
Section 31. Developer's Compliance. The City's duties under the agreement are expressly
conditioned upon the Developer's or Property Owner's substantial compliance with each and
every terns, condition.. provision and/or covenant in this Agreement, including all applicable
l*cderal, state. and local laws and regulations and the Developers/Property Owner's obligations
as idenlii led in ally approval or prtyiect permit for the property identified in this Agreement.
Section 32. Limitation on City's Liability for Breach. Any breach of this Agreement by
the City shall give right only to damages under state contract law and shall not give rise to any
liability under Chapter 64.40 RCW. the Fifth and Fourteenth Amendments to the U.S.
Constitution. or similar state constitutional provisions.
Section 33. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by ally person or entity other than a Patty to cllallenlge this Agreement
or any provision herein, the City nlay elect to tender the derense of such lawsuit or individual
claims in the lawsuit to Developer . In such event, Developer shall hold the City harmless from
Development Agreement for Funding Transportation Improvements
Page 13 of 19
FG:54082696.4
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, attorneys' fees and expenses of
litigation. The Developer 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.
section 34. Specific Performance. The: pallies specifically agree that damages are not an
adequate remedy lnr breach of this Agreement. and that the parties tire entitled to compel specific
perfor fiance of all material terms ol'this Development Agreement by any Party in del'ault hereof.
Section 35. Recording. This Agreement shall be recorded against the property with the real
property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of tilt property and any successors in interest to such property.
Section 6. Severability. If any phrase, provision or section of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable. or if any
provision of this Agreement is rendered invalid or unenforceable according to the terms of any
statute of the State of Washington which became effective after the effective date of the
ordinance adopting this Development Agreement. and either Party in good Iaith determines that
such provision or provisions are material to its entering into this Agreement, that Party may elect
to terminate this Agreement as to all of its obligations remaining unperformed.
Sec i n 37. 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 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.
Section 38. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwisc sPecilied, any written notice hereunder shall become effective
upon the date of both emai ling and mailing by registered or certified mail. and shall be deemed
sufficiently given iI'sent to the addressee at the address stated below:
McCORMICK:
Eric Campbell
12332 NE 115" Place
Kirkland, WA 98033
eric;ir�nis �rcxt Ilc.ccrm
Nick Tosti
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
��ic ktost i� r�'t:mt1 i l.eam
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
r�aut u ( Citvoi'iortorchard.us
Copies shall also be transmitted to the City
Clerk and City Attorney at the above address.
Development Agreement for Funding Transportation Improvements
Page 14 of 19
FG:54082696.4
GEM 1, LLC / McCORMICK
LAND COMPANY
Doug Skrobut
1869 McGilvra Blvd E
Seattle, WA 98112
dskrobut cr', r L1ail.com
Section 39. Time is of the essence. All time limits set forth herein are of the essence.
The Parties agree to perform all obligations under this Agreement with due diligence.
Section 40. Entire Agreement. The written provisions and terms of this Agreement.
together witli the Exhibits attached hereto. shall supersede all prior verbal statements of any
officer or other representative of the parties, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner whatsoever, this
Agreement. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement and exhibits thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on this L day of
February, 2021.
MCCORMICK COMMUNITIES, LLC
By:4�L.
Its:� t
GEM 1, LLC/McCORMICK LAND
COMPANY
By:
; !L
1�[tOVED FORM:
Patrick Schneider
Attorney for McCormick
CITY OF PORT ORCHARD
By:!_ �.
�Nt1�IIIfrryNp
Its: Mayork�,,� 'FORT
- : SEAL -
?�+I I i ►
APPROVED
6n i Fer SMI obertson
ttorney for Port Orchard
Development Agreement for Funding Transportation Improvements
Page 15 of 19
FG:54082696.4
APPROVED AS TO FORM:
Duana Kolouskova
Attorney for GEM 1, LLC/MLC
ATTEST:
Bran y in rson
Port Orchard City Clerk
Development Agreement for Funding Transportation Improvements
Page 16 of 19
FG;54082696.4
NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Mr. Idols I'utaansuu is the person
who appeared belOre me, and said person acknowledged that: he signed this instrument, on oath
stated that lie was authorized to execute the instrument and acknowledged it as (he -Mayor of fort
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in
the instrument. )v
Dated: 200b.
F4p
taaTAO),
5. Punic
r. NA .0 tiry� Z
umbe
r�•��'�F rWA SHE
Jti<hpPhlin-MI
(print or type name)
NOTARY PUBLIC in and for the
State of Washingt4Si di at,
My Commission expires: 1
Development Agreement for Funding Transportation Improvements
Page 17 of 19
FG:54082696.4
NOTARY BLOCK FOR McCORMICK COMMUNITIES
STATE OF WASHINGTON )
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Mr. E nc- C-i.,40
is the person
who appeared before me, and said person acknowledged that die/she) signcti this instniment, on
oathstated that (liglshe) was &0101'ized to execute the instrument and acknowledged it as the,
of McCormick CoinipUnilie5. LLC to be the free and voluntary act of such Party for the
uses and purposes mentioned in the instrument.
Dated: & C 20 `Ll
Notary Public
State of Washington
ANDREW D. MARSHALL
MY COIvII�fISSION EXPIRES
03-06-2021
� � I
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
VA4'k.1 J
My Commission expires: (j3 ()
Development Agreement for Funding Transportation Improvements
Page 18 of 19
FG:54082696.4
NOTARY BLOCK FOR GEM 1 / McCORMICK LAND COMPANY
STATE OF WASHINGTON
ss.
COUNTY OF ` )
I certify that I know or have satisfactory evidence that Mr. DOLig Skurbul 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 _
•f of Cil-Ki i, (ompa y to be the free and voluntary act of such
Party for the uses and purposes mentioned in the instrument.
Dated: 5 20 21
Notary Public
State of Washington
ANDREW D. MARSHALL
MY COMMISSION EXPIRES
03-06-2021
(print or type name)
NOTARY PUBLIC in and for the
State
of Washi gton, residing at:_
G�
My Commission expires:
Development Agreement for Funding Transportation Improvements
Page 19 of 19
FG:54082696.4
Exhibit A-1
McCormick Property
List of Parcels Subject to Impact Fee Credit
McCormick North
052301-4-023-2008
052301-4-027-2004
052301-4-024-2007
052301-4-025-2006
052301-4-026-2005
052301-4-013-2000
042301-3-011-2005
McCormick West
082301-2-002-2004
082301-2-003-2003
082301-1-013-2003
082301-2-004-2101
082301-1-010-2006
082301-1-014-2002
172301-2-002-2003
172301-2-004-2001
172301-2-003-2002
172301-2-006-2009
172301-2-005-2000
172301-2-007-2008
172301-3-004-2009
McCormick Woods
042301-3-010-2006
6031-000-131-0002
5552-000-045-0008
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
Exhibit A-2
McCormick Property
Maps of Parcels/Areas Subject to Impact Fee Credit
�—r �� 1
Pi
�•}� 1 I -i5' j • Y'T�i* _ _.•tiva'i?�—'i .l T-Y� `r'• i - � � �. I T
r If i I �W
_
a kP
Wd
L. egend
McCormick North
McCormick West
McCormick Woods
North
...................................... ..r
........................................ S
West
..................... I...................
WTI
Exhibit B-1
List of Parcels with Vested Concurrency
McCormick North
McCormick Woods
052301-4-023-2008
042301-3-010-2006
052301-4-027-2004
6031-000-131-0002
052301-4-024-2007
5552-000-045-0008
052301-4-025-2006
092301-1-005-2002
052301-4-026-2005
092301-4-004-2007
052301-4-013-2000
092301-1-009-2008
042301-3-011-2005
092301-4-005-2006
092301-4-003-2008
McCormick West
092301-4-002-2009
082301-2-002-2004
162301-1-021-2003
082301-2-003-2003
162301-1-020-2004
082301-1-013-2003
162301-1-019-2007
082301-2-004-2101
082301-1-010-2006
Legacy Lots
082301-1-014-2002
5190-000-018-0009
172301-2-002-2003
6031-000-032-0002
172301-2-004-2001
6031-000-025-0001
172301-2-003-2002
6031-000-063-0004
172301-2-006-2009
5161-000-021-0009
172301-2-005-2000
5145-000-023-0008
172301-2-007-2008
5139-000-013-0008
172301-3-004-2009
6031-000-074-0001
Exhibit B-2
Map of Parcels/Areas with Vested Concurrency
�-4
146rfiv:
G
GC
WI
West
Wd
Wd'
Legend
McCormick North
McCormick West
McCormick Woods -
Golf Facilities
................ .......................
North
.......................................
.......... ";W-, ....... . ......
est
..................
.... I ............................
See Exhibit 131 for legacy lots vested to concurrency with this agreement
Exhibit C
Boundary of 2005 Traffic Agreement
rl
j Iry rr`
-rT.
4
'lye it f �•���; 1��� �� �r
41,
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