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076-21 - Sidney Road Apartments LLC - ContractFORT ORCHARD 202107220028 Psi cement Rem Fee: $ 128.64] PAi3 i1pndrews. Kitsap Cc Auditor Page: 1 of 26 Name and Mailing Address City of Port Orchard -Clerk's Office 216 Prospect Street Port Orchard, WA 98366 The Recorder is required to use only the information you provide on this cover sheet to index the document. Type or print legibly. Document Title(s): Development Agreement between Sidney Road Apartments LLC and the City of Port Orchard Auditor's File Number of Document (s) Referenced: Grantor(s) person(s) that conveys, sells or grants interest in property: N/A Grantee(s) person that buys, receives or to whom conveyance of property is made: N/A 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 THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11. TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; Assessor's 14 digit Tax Parcel Number: 1 12301-2-053-2007 04/25/14 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND SIDNEY ROAD APARTMENTS L.L.C. FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION AND PARK IMPROVEMENTS THIS DEVELOPMENT AGREEMENT is made and entered into this 13th day of Julv, 2021, by and between the City of Port Orchard, a non -charter, optional code Washington municipal corporation, hereinafter the "City," and Sidney Road Apartments L.L.C. a limited liability company organized under the laws of the State of Washington, hereinafter the "Developer" or "Sidney Road" (together the "Parties"). The Parties hereby agree as follows: RECITALS WHEREAS, the Washington State 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 (RCW 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 of the development of the real property for the duration specified in the agreement (RCW 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 20.26 of the Port Orchard Municipal Code ("POMC" or "Code") 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 on June 7, 2021 and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, this Development Agreement by and between the City of Port Orchard and the Developer (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the development of property owned by Developer at 4977 Sidney Road SW (Kitsap County Tax Parcel #112301-2-053-2007) (hereinafter, the "Sidney Road Property"); and WHEREAS, the Developer proposes to develop the Sidney Road Property with a multi - Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 1 of 19 1386186.8 - 366922 -0031 family development consisting of approximately 216 units of housing, residential amenity facility, parking for 356 vehicles, landscaping, and associated site improvements (collectively, the "Development Project" or City Permit No. PW 20-064); and WHEREAS, the City is undertaking review of the Development Project pursuant to the POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development Proposal with the issuance of a Determination of Non -significance issued on December 23, 2020 ("DNS"). The DNS for the Development Project was not timely appealed; and WHEREAS, associated the Development Project, the Developer proposes to construct at its expense, transportation improvements defined as 2026-2039 Tier 2 Transportation Improvement Project #2.05 "Sidney Road Widening" on Sidney Road SW as defined herein as the "Transportation Improvement Project" and as shown in ROW Permit No. ROW21-028, which are eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080; and WHEREAS, the Transportation Improvement Project is necessary and is required to serve the Development; and WHEREAS, the Transportation Improvement Project also provides a benefit to the general public; and WHEREAS, associated with the Development Project, the Developer owns property adjacent to the Sidney Road Property at 5071 Sidney Road SW (Kitsap County Tax Parcel # 112301-2-009-2002) (hereinafter, the "Planned Park Property"). Developer is exploring the option to dedicate the Planned Park Property to the City as a public park, which the Parties acknowledge would be eligible for park impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080; and WHEREAS, this Agreement governs the development of the Transportation Improvement Project and the respective transportation impact credits that will result from the Developer undertaking this Transportation Improvement Project; and WHEREAS, this Agreement also governs the possible conveyance of the Planned Park Property, and the park impact fee credit that could result from Developer's conveyance of the Planned Park Property; and WHEREAS, except with regard to this Transportation Improvement Project, Planned Park Property, and the respective applicable impact fee credits, this Agreement does not establish or modify the standards or conditions for the underlying development which is being undertaken in accordance with applicable code and regulations; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and the Developer and include a transportation impact fee credit calculation and method for determining any parks impact fee credits, the parties deem it in Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 2 of 19 1386186.8 - 366922 -0031 their best interests to enter into this Agreement; and WHEREAS, the City Council held a public hearing on July 13, 2021 regarding this Agreement; and WHEREAS, after a public hearing, by Ordinance No. 034-21, the City Council authorized the Mayor to sign this Agreement with the Developer. AGREEMENT Section 1. The Sidney Road Property. The Sidney Road Property comprises 4977 Sidney Road SW (Kitsap County Tax Parcel #112301-2-053-2007). The Sidney Road Property is described on Exhibit A which is attached hereto and incorporated herein by this reference as if set forth in full. A map of the Sidney Road Property is shown Exhibit B on which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. The Planned Park Property. The Planned Park Property compromises 5071 Sidney Road SW (Kitsap County Tax Parcel # 112301-2-009-2002). The Planned Park Property is described on Exhibit A which is attached hereto and incorporated herein by this reference as if set forth in full. A map of the Planned Park Property is shown on Exhibit B which is attached hereto and incorporated herein by this reference as if set forth in full. Section 3. Transportation Improvement Project and Planned Park Property. Pursuant to this Agreement, Developer shall be responsible for the construction of the Transportation Improvement Project as defined herein and may, if the Parties agree, improve and transfer the Planned Park Property as defined herein. a) Transportation Improvement Project. Developer shall construct a portion the Sidney Road SW Project 2026-2039 Tier 2 2.05 (defined herein as the Transportation Improvement Project) as shown in Exhibit C. The Transportation Improvement Project shall serve the Sidney Road Property, amongst other properties within the vicinity, and shall provide connectivity and capacity for the City. The Transportation Improvement Project shall be eligible for transportation impact fee credits as provided in Section 11 of this Agreement. b) Transportation Impact Fee Credit Applicability. The Transportation Improvement Project will serve the Sidney Road Property and the impact fee credits authorized by this Agreement are only applicable to pending building permit applications 21-044, 21-045, 21-046, 21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 for the properties identified on Exhibit B. c) Planned Park Property. Developer may transfer the Planned Park Property to the City in exchange for a parks impact fee credit for the fair market value of the Planned Park Property plus the Developer's actual costs to make the Planned Park Property ready for transfer. The fair market value of the Planned Park Property shall be calculated as provided in Section 13. Making the Planned Park Property ready for transfer shall be defined as: (a) planting the Planned Park Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 3 of 19 1386186.8 - 366922 -0031 Property with native vegetation in accordance with an approved planting plan; and (b) providing temporary irrigation to the new vegetation for two growing seasons, regardless of when the transfer takes place. Section 4. Definitions. As used in this Agreement, the following terms, phrases, and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as required by RCW 36.7013.200 and Chapter 20.26 POMC. b) "Commence construction" as to the Transportation Improvement Project means that the City has issued all required permit(s) and the Developer has deployed construction equipment and personnel to the site of the Transportation Improvement Project. c) "Completion" as to the Transportation Improvement Project means compliance with the tasks described in Section 10. d) "Council" or "City Council" means the duly elected legislative body governing the City of Port Orchard. e) "Development Project" means the development of the Sidney Road Property with approximately 216 units of housing, residential amenity facility, parking for 356 vehicles, landscaping, and associated site improvements as shown in Exhibit B and approved by the City under Permit PW20-064 and associated with Building Permits No. 21-044, 21-045, 21-046, 21- 047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 f) "Director" means the City's Public Works Director. g) "Effective Date" means the effective date of the Adopting Ordinance. h) "Maximum credit" means the maximum amount that is eligible for Transportation Improvement Project or the Planned Park Property transfer to this Agreement for which transportation impact fee credits or park impact fee credits (as applicable) will be provided by the City to the Developer. i) "Transportation Improvement Project" or "Project" means the Transportation Improvement Project described above which serves both the Sidney Road Property and the greater community, as specified in Section 3, as provided for in all associated permits/approvals, whether now in place or to be issued in the future, and as described in all incorporated exhibits. Section 5. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal Description of the Sidney Road Property and Planned Park Property. Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 4 of 19 1386186.8 - 366922 -0031 b) Exhibit B — Map of the Sidney Road Property and Planned Park Property with the Development Project and with permits listed in Section 3 identified. c) Exhibit C — Transportation Improvement Project, including components. Section 6. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street, Port Orchard, WA 98366. b) The "Developer" or "Sidney Road Apartments L.L.C." is a private enterprise which owns the Sidney Road Property in fee, and whose principal office is located at 1302 Puyallup Street, Suite A, Sumner, WA 980390. Section 7. Improvement Project is a Private Undertaking. It is agreed among the parties that the Transportation Improvement Project and Planned Park Property transfer, if conveyed pursuant to this Agreement, 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 the Transportation Improvement Project and/or transfer of the Planned Park Property is completed and dedicated to the City as provided in this Agreement. Section 8. 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 five (5) years unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect except for such sections which are specifically intended to survive expiration or termination. Section 9. Project Schedule. Subject to the City's issuance of all necessary permits and approvals, the Developer will commence construction of the Transportation Improvement Project and deliver the Park Property on the following schedule: a) Transportation Improvement Project. 1. The Transportation Improvement Project requires two permits: (a) Land Disturbing Activity Permit ("LDAP"); and (b) Right of Way Permit ("ROW Permit") (collectively, the "Transportation Improvement Permits"). Developer has submitted the Permit applications for the Project (LDAP No. PW 20-064 and ROW Permit No. 21-030). Developer's construction of the Transportation Improvement Project is associated with the issuance of certain building permits associated with the Development Project, specifically City Permit Nos. 21-044, 21-045, 21-046, 21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 ("Building Permits"). Developer has also submitted a ROW Permit application for associated work on SW Hovde Road (ROW Permit No. 21-030 and "Hovde Road ROW Permit"). Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 5 of 19 1386186.8 - 366922 -0031 2. The City has already issued the approved LDAP and has issued its first round of corrections on ROW Permit No. 21-030. The City shall review and make final determinations on the Transportation Improvement Permits, the Building Permits, and the Hovde Road ROW Permit within forty-five (45) days of the effective date of this Agreement. Any days that the City is waiting for the Developer to submit corrections to the application shall be tolled. In the event that the City requires additional time beyond this window to review the Transportation Improvement Permits and Hovde Road ROW Permit, or requests additional corrections from Developer, the timeline for Developer's obligation to construct the Transportation Improvement Project is tolled until the date that the City makes its final determination on the Transportation Improvement Permits. 3. Upon issuance of the Transportation Improvement Permits, the Developer shall commence construction of the Transportation Improvement Project within 120 days and proceed in a timely and workmanlike fashion through completion, provided however, the Developer shall be solely responsible for the means and methods for construction sequencing and phasing. 4. Developer shall complete the Transportation Improvement Project no later than the date of the issuance of a Certificate of Occupancy for the last residential structure contained within the Development Project, or 60 calendar days prior to the Termination of this Agreement, whichever date occurs first. b) Parks Property Transfer. 1. If Developer decides it desires to transfer the Planned Parks Property to the City pursuant to this Agreement (the "Parks Property Transfer"), then it shall confirm the City's interest in receiving the Planned Parks Property. If the City is interested, then the Parties will determine the Planned Parks Property value by using the fair market value of the Planned Parks Property as follows: The Developer will hire a certified property appraiser, pay for the appraisal, and provide a copy of that appraisal report to the City. The date for valuation purposes, including but not limited to sales comparisons used for the valuation, shall be June 1, 2021. The City shall use its best efforts to review the appraisal report and provide a response to Developer on the valuation within 30 days of receipt. If both the City and the Developer agree that the appraisal is fair and reasonable, then the appraised value will be accepted as the Planned Parks Property value for park impact fee purposes; provided, however, Developer shall also be eligible for credits for the construction and development -related costs incurred by Developer pursuant to Section 11. If the City disagrees with the appraisal, then the City may hire its own appraiser to perform a second appraisal at the Developer's expense. The date for valuation purposes shall be the same as used in the Developer's appraisal. The City shall use its best efforts to obtain an appraisal report within 60 days of notice to the Developer of its disagreement with Developer's appraisal. If that second City - Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 6 of 19 1386186.8 - 366922 -0031 initiated appraisal is within ten (10) percent of the value established by the first Developer -initiated appraiser, then the Parties will take the mid -point between the two appraisals and use that as the fair market value. If the appraisals are more than 10 percent apart, the Parties have the options of: (a) agreeing to a value, establishing another method to set the fair market value of the property, or (b) either parry may decide not to move forward with the Parks Property Transfer. If one Parry decides not to move forward with the Parks Property Transfer, the Party shall provide written notice of such decision and the Planned Parks Property would not be transferred and there would be no park impact fee credits given for the proposed transfer. If this occurs, then the Parks Performance Bond (as defined in Section 13) shall be released and the full park impact fees as required by Section 13 will be due from the Developer for any outstanding building permits related to the Development Project and the Park. For any building permits that have already issued prior to the Parry's or Parties' decision to not move forward with the Parks Property Transfer as provided in Section 13, the impact fees will be due and payable immediately and must be paid no later than thirty (30) from the date of the written notice not to move forward. In such case, no certificates of occupancy will issue until full payment of outstanding impact fees is received. 2. Prior to transferring the Planned Parks Property to the City, the Developer will make the Planned Parks Property ready for transfer as follows: 1. The Developer shall provide a native planting plan to the City for approval. Such landscaping shall be Type B landscaping in accordance with POMC 20.128.060.2. Once the City has approved the plan, the Developer will install the planting onto the Planned Parks Property per the approved plan. 3. The Developer will provide temporary irrigation to the new vegetation for two growing seasons to ensure that the plantings become well -established. Providing the irrigation for two growing seasons is an obligation that will extend beyond the transfer date of the Planned Parks Property if the two growing seasons have not elapsed at the time of such transfer. Section 10. Transportation Improvement Project standards. a) General. Developer will design and construct the Transportation Improvement Project to comply with City standards, including obtaining all necessary permits, not to be unreasonably withheld or conditioned by the City. The City will approve the plans before construction begins; and the City will accept responsibility for the operation of the Transportation Improvement Project once it is completed, the Transportation Improvement Project has been accepted, and a two-year warranty and maintenance bond is in place. A 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 City releases the performance bond; 4. The Developer has put a 2-year warranty and maintenance bond in place; 5. The Developer has completed all necessary property dedications; 6. The City has accepted the dedications, such approval not to be unreasonably withheld or conditioned; and 7. The Developer has provided the City with a Bill of Sale for the improvements Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 7 of 19 1386186.8 - 366922 -0031 containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The City will confirm completeness of the Transportation Improvement Project by issuing a Final Notice of Completeness to the Developer. b) Transportation Improvement Project. The Transportation Improvement Project will include design, permitting, and construction, at Developer's sole expense of 2026-2039 Tier 2 TIP Project 2.05. The Transportation Improvement Project shall meet the City standards for public rights of ways and shall provide the amenities that are described in TIP Project 2.05 with such conditions as the City deems applicable and appropriate in LDAP/SDAP Permit No. PW20-064; provided, however, the City shall not add conditions to the Transportation Improvement Project that are inconsistent with Exhibit C. The Transportation Improvement Project construction work shall be secured by a Performance Bond at 150% of the estimated construction costs. The Performance Bond shall be in place prior to Developer commencing work on the Transportation Project. Prior to City acceptance, the construction of the Transportation Improvement Project shall be inspected by the City, approval of which shall not be unreasonably withheld. In addition to the requirements in Section 10(a) above, the City's final approval of the Transportation Project shall be conditioned upon receipt from Developer a two (2) year Maintenance Bond at 20% of the construction costs, which shall be effective upon the City's release of the Performance Bond. Upon acceptance of the Bill of Sale, the City shall release the Performance Bond and shall accept full responsibility for the Transportation Improvement Project, except for those maintenance obligations of Developer secured by the two-year Maintenance Bond. Upon City's acceptance of the Transportation Improvement Project, Developer shall not be responsible for any further costs, maintenance or liability for the Transportation Improvement Project. This provision survives the Termination of this Agreement. Section 11. Transportation Improvement Projects and Planned Parks Property costs and credits. a) Transportation Improvement Project. The maximum amount of the Transportation Impact Fee credit for the Transportation Improvement Project to be built by Developer under this Agreement shall be limited to the total Transportation Impact Fees due on the Project (currently calculated as $469,800), or the actual costs incurred by the Developer, whichever is less ("Maximum Transportation Project Credit"). The credits provided under Section 12 below are limited to this Maximum Transportation Project Credit. Once the Maximum Transportation Project Credit has been achieved through credits applied to Developer for the Development Project, Developer would be required to comply with the impact fee provisions of the Code for any further development of the Sidney Road Property that requires payment of transportation impact fees, including payment of any transportation impact fees incurred over and above the Maximum Transportation Project Credit. Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 8 of 19 1386186.8 - 366922 -0031 b) Parks Property Transfer. The maximum amount of the Parks Impact Fee credits for the Parks Property Transfer shall be limited to the total Parks Impact Fees imposed (currently estimated to be $126,144) or agreed value of the Planned Parks Property plus the actual construction and development -related costs incurred by the Developer to make the land ready for transfer, including but not limited to the cost of the designing and constructing the planting plan of native vegetation and the temporary irrigation for two growing seasons, whichever is less ("Maximum Park Impact Fee Credit"). Once the Maximum Park Impact Fee Credit has been achieved through credits to Developer for the Development Project, Developer would be required to comply with the impact fee provisions of the Code for any further development of the Sidney Road Property that requires payment of parks impact fees, including payment of any parks impact fees incurred over and above the Maximum Park Impact Fee Credit. Section 12. Transportation Impact Fee Credits. The City hereby grants the Developer a credit against transportation impact fees for its costs to design and construct the Transportation Improvement Project. The credits will be calculated and applied as follows: a) The total estimated transportation impact fee required at the time of building permit issuance for the Development Project is currently $469,800. Developer shall pay the transportation impact fees required at the time of building permit issuance, provided however, that if the Developer obtains permits and puts the Transportation Performance Bond in place no later than February 28, 2022, then the impact fees will be calculated based on the rates in effect on June 1, 2021 regardless if the rates have subsequently been adjusted. The estimated impact fees in this Agreement are an estimate only and the Developer understands that the amount of impact fees required may change if Developer changes the scope of the Development Project. If the permits are not issued and the Transportation Performance Bond put in place by February 28, 2022, then the impact fees will be adjusted in accordance with the City's adopted codes and ordinances in effect at the time of permit issuance. Prior to the issuance of the first building permit for the Development Project, Developer shall provide a Performance Bond, in a form acceptable to the City, for 150% of the Engineer's Estimate for the Transportation Improvement Project, or the then applicable Transportation Impact Fees due on the project (currently $469,800), whichever amount is greater ("Transportation Performance Bond"). The City will defer the final calculation, assessment, and collection of the transportation impact fees for the Development Project until the completion of the Transportation Improvement Project. The parties anticipate that the Maximum Transportation Fee Credit will cover all or most of the transportation impact fee required for the Development Project. The City shall issue any Certificate of Occupancy requested by the Developer in due course as required by the Code and this Agreement provided the Transportation Performance Bond remains in effect at time of a request for a Certificate of Occupancy. Upon completion of the construction of the Transportation Improvement Project, Developer shall submit certified Transportation Improvement Project costs to the City for review and Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 9 of 19 1386186.8 - 366922 -0031 acceptance by the City Engineer as provided in the Code. Once these costs and executed Bill of Sale are reviewed and accepted by the City Engineer, not to be unreasonably withheld, conditioned, or delayed, the maximum credit due to Developer will be established and will equal the Maximum Transportation Project Credit as so certified in accordance with this subsection and Section 11. In the event that the Maximum Transportation Project Credit satisfies the transportation impact fees for the Development Project, the City shall release the Transportation Performance Bond. If any remaining transportation impact fees are required after crediting the Maximum Transportation Project Credit against the Development Project, the Developer shall pay those fees prior to the issuance of any outstanding Certificate(s) of Occupancy. The City shall use best available efforts to review and certify the transportation impact fees and issue any corresponding Certificates of Occupancy within 14 days of receipt. In the event Developer defaults on any requirement under this subsection, the City's remedies include pulling the Transportation Performance Bond and holding any outstanding Certificates of Occupancy until such time the Transportation Project is completed, and any outstanding impact fees are paid in full or credited. b) The City agrees that these credits are consistent with RCW 82.02.060(4) and that they are consistent with POMC 20.182.080. Section 13. Park Impact Fee Credit. The Development Project is subject to the City's parks impact fee pursuant to POMC 20.182.080. The estimated park impact fee for the Development Project at the time of this Agreement is $126,144. Developer shall pay the park impact fees required at the time of building permit issuance, provided however, that if the Developer obtains permits and puts the Parks Performance Bond (as defined herein) in place no later than October 1, 2021, then the impact fees will be calculated based on the rates in effect on June 1, 2021 regardless if the rates have subsequently been adjusted. The estimated park impact fees in this Agreement are an estimate only and the Developer understands that the amount of impact fees required may change if Developer changes the scope of the Development Project. If the permits are not issued and/or the Parks Performance Bond put in place by October 1, 2021, then the impact fees will be adjusted in accordance with the City's adopted codes and ordinances in effect at the time of permit issuance. Until such time as the Parks Performance Bond is in place, the Developer will pay park impact fees into an escrow account to be held until the Parks Performance Bond is in place. If the Parks Performance Bond is not in place within 180 days of the date of this Agreement, then Developer shall pay parks impact fees to the City prior to issuance of each subsequent building permit. During these 180 days, provided that the City receives notice of receipt of these funds into escrow, the City will treat these funds has having been tendered to the City for purposes of permit issuances. After the Parks Performance Bond is in place, the funds in the escrow account, including interest thereon, will be returned to Developer. If the Developer does not put, the Parks Bond in place within 180 days, then these funds will be disbursed to the City with the interest thereon. Developer owns the Planned Park Property adjacent to the Sidney Road Property. Developer may elect to satisfy all or a portion of the parks impact fee requirement for the Development Project Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 10 of 19 1386186.8 - 366922 -0031 through conveyance of the Planned Park Property as described in this Agreement through a statutory warranty deed (free of all encumbrances and easements unacceptable to the City). The City acknowledges that the value of the conveyance of the Planned Park Property as calculated in Section 9(b) shall constitute satisfaction of the portion of the park impact fees for the Development Project up to the Maximum Park Fee Credit provided (land value plus the actual cost of the work to make the land ready for transfer) as described in this Agreement. The credits shall be calculated and applied as follows: a) Developer shall provide a letter of intent to dedicate the Planned Park Property and a Performance Bond for the then applicable Parks Impact Fees due on the project (currently $126,144) ("Parks Performance Bond"), in a form acceptable to the City. The City shall issue any Certificate of Occupancy requested by the Developer provided the Parks Performance Bond remains in effect at time of the request for a Certificate of Occupancy. Prior to the completion of the Parks Property Transfer, the Developer shall provide confirmation of the Maximum Parks Fee Credit. The City shall review and certify the same pursuant to Section 9(b). In the event Developer defaults on any requirement under this subsection, the City's remedies include pulling the Parks Performance Bond and holding any outstanding Certificates of Occupancy until such time as any outstanding impact fees are paid in full or credited. Section 14. [RESERVED] Section 15. Dedication of Public Lands. The Developer shall dedicate the land that it owns that is needed to construct the Transportation Improvement Project as defined in Exhibit C; provided, however, Developer shall be able to include the fair market value of such dedications into the respective credit calculation as provided in this Agreement up to the maximum credit amount. Any dedications needed to construct the Transportation Improvement Project shall be completed prior to the City's acceptance of the Transportation Improvement Project and Parks Property Transfer. Provided, however, that such dedications needed to construct the Transportation Improvement Project shall occur prior to the issuance of the certificate of occupancy of the fourth building developed on the Project. Furthermore, the Certificate of Occupancy for the fourth (or subsequent) building(s) will not issue until the dedications needed to construct the Transportation Improvement Project are complete. At the time of this Agreement, three building permits are ready to issue for the first three buildings in the Project, i.e., the Club House, Building A and Building B. These three buildings (or whichever buildings are the first three completed) may be issued certificates of occupancy prior to dedications needed to construct the Transportation Improvement Project being completed. Section 16. Water Capital Facility Charge. The Development Project is subject to the City's water capital facility charge ("Water CFC") fee pursuant to POMC 13.04.030. Developer shall pay the Water CFC fees for the Development Project at the rate set as of May 1, 2021 provided that Developer pays any Water CFC fees associated by the Development Project by August 31, 2021 ("Water CFC Payment"). If the Developer makes the Water CFC Payment prior to August 31, 2021, the City shall credit the Water CFC Payment on a per -permit basis for the Building Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 11 of 19 1386186.8 - 366922 -0031 Permits associated with the Development Project once ready for issuance, which may occur subsequent to August 31, 2021. Section 17. Default. a) Subject to extensions of time by mutual consent in writing, failure, or delay by either Parry 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 Parry charged shall not be considered in default for purposes of termination or institution of legal proceedings. 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, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the POMC for violations of this Agreement and the Code. Section 18. Termination. This Agreement shall terminate five (5) years after effective date. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the Parties that the Agreement has been terminated. 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 POW Chapter 20.26 POMC. Section 20. Effect upon Termination on Developer. Termination of this Agreement as to the Developer shall not affect any of the Developer's respective obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other land use entitlements approved with respect to the Property, or obligations to pay assessments, liens, fees, or taxes. Furthermore, if the Agreement expires without the Improvement Project or Parks Property Transfer costs being fully recovered by impact fee credit or mitigation funds, the Developer will no longer be eligible to receive such credits. Section 21. Effects upon Termination on City. Upon any termination of this Agreement as to the Sidney Road Property, or any portion thereof, the City will be under no obligation to provide any additional credits or reimbursement to Developer even if the Transportation Improvement Project or Parks Property Transfer 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 with all rights, title, and interests therein to any person, firm, or corporation at any time during the term of this Agreement with a sale of the underlying property. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 12 of 19 1386186.8 - 366922 -0031 a portion of the Property, at least 30 calendar days in advance of such action; provided; however, failure to strictly comply with the 30 calendar day notice provision shall not be considered a breach of this Agreement. Section 23. Binding on Successors; Covenants Running with the Land. The conditions and covenants set forth 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 Sidney Road Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the Sidney Road Property, or such portion 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 Sidney Road 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 unless in writing; signed by the duly authorized representatives of the Parties, be consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow the same procedures set forth 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 regulations, or to impacts fees that affect the Sidney Road Property in the same manner as other properties, after the Effective Date of this Agreement. Section 25. General release. Developer may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement as provided herein, including the obligation to construct the Transportation Improvement Project. Section 26. Notices. Notices, demands, correspondence to the City and/or Developer (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in "Written Notice" Section 38 below. Notice to the 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 for those successors -in -interest who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 27. Reimbursement 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 fees, publishing fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within application fees; provided however, the City shall provide written notice to Developer if the expenses to the City are anticipated to exceed Twenty -Five Thousand Dollars and No Cents ($25,000.00) and the parties shall meet and confer regarding the City's anticipated costs as provided in Section 28(a). Upon payment of all expenses, the Developer may request written Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 13 of 19 1386186.8 - 366922 -0031 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 the Developer. Section 28. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All disputes arising out of or relating to this Agreement shall be resolved as follows: a) Settlement Meeting. If any dispute arises between the parties relating to this Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within ten (10) working days after a Party's request for such a meeting. The City shall send the Mayor, Community Development Director, Public Works Director, and/or the Mayor's designee and any persons with information relating to the dispute, and Owner shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute. b) Court. If the parties cannot resolve the matter in a settlement meeting, then jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington, or the U.S. District Court for Western Washington, as applicable. 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. Section 29. No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. Section 30. City's right to breach. The parties agree that the City may, without incurring any liability, engage in action that would otherwise be a breach if the City makes 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 substantial compliance with each and every term, condition, provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations and the Developer's obligations as identified in any approval or project 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 any person or entity other than a Party 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 Developer. In such event, Developer shall hold the City harmless from and defend Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 14 of 19 1386186.8 - 366922 -0031 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 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 Parry in default 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 the property and any successors in interest to such property. Section 36. Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null and void, with the remaining provisions in the Agreement remaining viable and in effect. Section 37. Non -Waiver of Breach. The failure of a Parry 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 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: SIDNEY ROAD APARTMENTS L.L.C. Attn: Brianne Kelsey 601 Union Street, Suite 3500 Seattle, WA 98101 BKelsey&tarra og n.com McCullough Hill Leary, P.S. Attn: Ian Morrison 701 5th Avenue, Suite 6600 Seattle, WA 98104 imorrisonaMhseattle.com CITY: Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rrputaansuugcityofportorchard.us Copies shall also be transmitted to the City Clerk and City Attorney at the above address. 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. Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 15 of 19 1386186.8 - 366922 -0031 Section 40. Covenant of Good Faith and Cooperation. The Parties agree to take further actions and execute further documents, either jointly or within their respective power and authority, to implement the intent of this Agreement. Each Parry covenants to use its best efforts and work cooperatively in order to secure the benefits and rights under this Agreement. The Parties shall not unreasonably withhold approvals or consents provided for in this Agreement. Each Party shall execute and deliver to the other all further documents as are reasonably necessary to carry out this Agreement, including the Improvement Projects and Development Project, as may be necessary to provide a Party with a full and complete enjoyment of its rights and privileges under this Agreement. Section 41. Interpretation. This Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. Section 42. Counterparts. The Agreement may be signed in two or more counterpart copies with the same effect as if the signature of each counterpart copy were on a single instrument. Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all such counterparts shall constitute one document. Section 43. Entire Agreement. The written provisions and terms of this Agreement, together with 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. [SIGNATURE PAGE FOLLOWS] Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 16 of 19 1386186.8 - 366922 -0031 IN WITNESS WHEREOF, the parties have executed this Agreement on this 13th day of July, 2021. SIDNEY ROAD APARTMENTS L.L.C. By: INVESTCO L.L.C. Its: Manager By: �Kz L . — M in D. Waiss Its: President APPROVED AS TO FORM: Ian Morrison Attorney for Sidney Road CITY OF PORT ORCHARD By: Rob Putaansuu Its: Mayor APPROVED AS TO FORM: J ifer S. Robertson AYlorney for Port Orchard ATTEST: :B�.Mt YIQ.C-A-4a,- Brandy Rinearson Port Orchard City Clerk Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 17 of 19 1386186.8 - 366922 -0031 IN WITNESS WHEREOF, the parties have executed this Agreement on this 13th day of July, 2021. SIDNEY ROAD APARTMENTS L.L.C. By: INVESTCO L.L.C. Its: Manager By: Martin D. Waiss Its: President OVER AS TO FORM: - latj Morrison Attorney for Sidney Road CITY OF PORT ORCHARD By: Rob Putaansuu Its: Mayor APPROVED AS TO FORM: JVn!fer S.Robertson Aney for Port Orchard ATTEST: Brandy Rinearson Port Orchard City Clerk Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 17 of 19 1386186.8 - 366922 -0031 NOTARY BLOCK FOR PORT ORCHARD 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: JLDt V 91 20 J, d Lr))n-P 1i0VA (print or type name) NOTARY PUBLIC in and for the St to of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 18 of 19 1386186.8 - 366922 -0031 NOTARY BLOCK FOR SIDNEY ROAD APARTMENTS L.L.C. STATE OF WASHINGTON ) ss. COUNTY OF ��i►'lq ) I certify that I know or have satisfactory evidence that Mardi" n• VAa,15S 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 1NVES+CO L-L-C• AS MA„g9tr Pres tyJ of , f, SlAw4 Q*o,d a.+,„e„+5 c.t to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: J,A,1m 1 (a 20 2 t `\\ "` E SENhF /���i, dAMER os fAC�O 'QQ��I. 9'• Qz tlo7ARv NON PUBLIC G �11atrv, F- sewv�e l � o (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ �ecO+ �e— My Commission expires: M(o Zp� 3 Development Agreement for Funding Transportation and Park Improvements Sidney Road Apartments L.L.C. Page 19 of 19 1386186.8 - 366922 -0031 EXHIBIT A LEGAL DESCRIPTION SIDNEY ROAD APARTMENTS TAX PARCEL NUMBER: 112301-2-053-2007 THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT ORCHARD; AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST OF THE CENTERLINE OF THE PRESENT COURSE OF BLACKJACK CREEK; ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 1153269; TOGETHER WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO. PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066) LYING SOUTH OF THE ROAD KNOWN AS SW HOVDE COUNTY ROAD. ALSO THAT PORTION OF THE SOUTH TEN (10) ACRES OF THE NORTH FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF COUNTY ROAD NO. 146; EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET; EXCEPT SIDNEY ROAD N.W.; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9205220166. ALSO THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON- EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W. ALSO THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET; THENCE NORTH PARALLEL TO THE WESTERLY LINE Legal Description 1 OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET TO THE WESTERLY LINE THEREOF; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5 ACRE TRACT; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING; EXCEPT SIDNEY ROAD. ALL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. PLANNED PARK PROPERTY TAX PARCEL NUMBER: 112301-2-009-2002 THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON , DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 142 FEET; THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 158 FEET; THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION, 8 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION, 150 FEET; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE NO. 9205080054. Legal Description 2 EXHIBIT B 0 150' 300' ISW HOVDE RD ILIFT STATION w, z I o Mill DETENTION POND I SITE PLAN_ PLANNED PARKS PROPERTY V = 150' EXHIBIT C Improvement Plan removed for County recording purposes; Plan is on file with the City of Port Orchard under Permit No. LU21-DEV AGREEMENT-01