064-14 - Kitsap County - Contract Amendment 1AFTER RECORDING RETURN TO:
The City of Port Orchard
Attn: City Clerk
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 201506260273
Amended Agreement Rec Fee $ 79,00
06/26/2015 02:48 PM Page 1 of 8
DoloresGilmore, Kitsap Co Audi
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WASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM
Document Title(s) (or transactions contained therein):
1. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ... BAYSIDE PLAT
Grantor(s) (Last name first, then first name and initials)
2. City of Port Orchard
Grantee(s) (Last name first, then first name and initials)
3. FREESTONE BAYSIDE LLC
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)
4. Freestone at Bayside Division 1, according to the Plat recorded in Volume 33 of Plats, pages
185-189 (all lots 1-125 and Tracts A-F and M.
Assessor's Property Tax Parcel or Account Number: 042301-1-065-2004 (AFN
201306100393)
Reference Number(s) of Documents Amended: Kitsap County Auditor's No. 201409080187.
6/8/15
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD
AND FREESTONE BAYSIDE LLC
FOR THE BAYSIDE PLAT
THIS FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
executed on November 5, 2007 (hereinafter the "Development Agreement" recorded
under Kitsap County Auditor's No. 201409080187), is made on the 11*1 day of
,:�u A e, , 2015, by and between the City of Port Orchard, a Washington municipal
corporation, hereinafter the "City," and Freestone Bayside LLC, a limited liability
corporation, organized under the laws of the State of Washington, hereinafter the
"Developer," with its principal place of business at 6820 20`}' St E Suite A, Fife, WA,
98424.
RECITALS
WHEREAS, the "Development Agreement" relates to the residential development
known as the Bayside Plat, which is to be constructed on property located west of
Anderson Hill Road, approximately 1000 feet north of SW Old Clifton Road, Tax
Account No. 042301-1-065-2004 (hereinafter the `Bayside Plat" or the "Property"); and
WHEREAS, the Property is within the permitting jurisdiction of the City of
Bremerton, and Bremerton approved a subdivision on the Property of 294 lots on 56
acres; and
WHEREAS, the Bayside Plat was originally planned to take access from the
Kitsap County -owned and maintained road of Anderson Hill Road, and was therefore
required to obtain County Road Approach Permits, Right -of -Way Permits and to pay
Road Mitigation Fees to the County, all as set forth in the Development Agreement
executed in 2007; and
WHEREAS, in 2009, the City of Port Orchard annexed the McCormick Woods
area, and vehicle access to the Bayside Plat is now from a road within Port Orchard City
limits; and
FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 1 of 6
WHEREAS, on August 25, 2014, Kitsap County executed an Assignment of
Development Agreement (C064-14), which was recorded against the Property and
assigned all of its rights under the 2007 Development Agreement to the City; and
WHEREAS, based on the above, the Developer has agreed to establish a process
under which road mitigation fees of One Thousand Fifty -Nine Dollars and no cents
($1,059.00) per dwelling unit in the Bayside Plat are paid to the City of Port Orchard, as a
condition of issuance of building permits by the City of Bremerton; and
WHEREAS, the parties acknowledge that between November 22, 2014 and
�0115Onsert date), road mitigation fees were paid by the Developer into an escrow with
First American Title Insurance Company (3905 Martin Way, Suite A, Olympia, WA
98506); and
WHEREAS, the parties agree that immediately following the execution of this
First Amendment by both parties, these fees, which total Seventy -Nine Thousand, Four
Hundred Twenty Five Dollars ($79,425.00), will be transferred from the First American
Title Insurance Company, and paid directly to the City of Port Orchard either by check or
wire transfer; and
WHEREAS, immediately after such payment is received by the City of Port
Orchard, the City shall provide the Developer with a written receipt, showing that the full
amount of $79,425.00 was paid to the City; and
WHEREAS, the parties further agree that all future road mitigation fees
corresponding to building permits received from the City of Breinerton must also be paid
to the City of Port Orchard; and
WHEREAS, the parties desire to enter into this First Amendment to the
Development Agreement in order to establish this new method for payment of road
mitigation fees directly to the City of Port Orchard; and
WHEREAS, the Port Orchard City Council provided public notice and held a
public hearing on this First Amendment to the Development Agreement on
j M .� , 2015; Now, therefore, the parties hereto agree as follows:
GENERAL PROVISIONS
Section 1. Substitution of the City of Port Orchard for Kitsap County. The parties
acknowledge that as a result of the Assignment of Development Agreement executed
between the City of Port Orchard and Kitsap County on August 25, 2014, all references
FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 2 of 6
to "Kitsap County" in the Development Agreement are hereby stricken and replaced with
"the City of Port Orchard."
Section 2. Amendment of Section 3 of the Development Agreement. Section 3 of the
Development Agreement is hereby amended to read as follows:
3. Mitigation Fee Payment Schedule for Bayside Plat. Bayside
agrees to pay the Mitigation Fee described in of Section 2 to imp
Gou -the City of Port Orchard as follows:
a. The building mifigation fee for- eaeh let shall be paid into a
single eser-ew aeeeunt at Bank of Amefiea prior- to the issidanee of the
asseei4ed building per -fait by the City of Brefne4en. Bayside shall
b. Kitsap Geuf4y may withdraw monies deposited to
Prior to the issuance of a building permit for any residence in the
Bayside Plat, Bayside shall deposit the Mitigation Fee described in
Section 2 with the City of Port Orchard, at the address and to the attention
of the person identified in Section 7 herein.
Section 4. Amendment of Section 4 to the Development Agreement. Section 4 of
the Development Agreement shall be amended to read as follows:
4. Building Applications. At the same time Bayside, or its
successor, agent or assigns, applies to the City of Bremerton for a building
permit within the Bayside Plat, Bayside, or its successor, agent or assigns,
will also submit a copy of the Building Permit application to the City of
Port Orchard at the address and to the attention of the person identified in
Section 7 herein.
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Section 5. Amendment of Section 6 to the Development Agreement. The parties
acknowledge that neither Kitsap County nor the City of Port Orchard is required to
FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 3 of 6
perform under Section 6 to the Development Agreement and that Section 6 is hereby
stricken in its entirety.
Section 6. All Other Provisions of Development Agreement to Apply. This First
Amendment only amends the portions of the Development Agreement identified in
Sections 1 through 5 herein, and the parties agree that all other provisions of the
Development Agreement shall remain in full effect and validity.
Section 7. Notice and Payment of Fees. Any notice to be given to the parties
under this Agreement and/or the payment of fees by the Developer to the City, shall be to
the parties at the addresses set forth below:
City of Port Orchard
Attn: Nicholas Bond
216 Prospect Street
Port Orchard, WA 98366
Freestone Bayside LLC
Attn: Malcolm Griffin
Freestone Companies
6820 20t' St. E Suite A
Fife, WA 98424
Section 8. Covenants Running with the Land. The conditions and covenants set forth in
this First Amendment to the Development Agreement are incorporated herein, and shall
run with the land. The benefits and burdens of this First Amendment to the Development
Agreement shall bind and inure to the benefit of the parties. The Developer, Landowner
and every purchaser, assignee or transferee of an interest in the Subject Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this First
Amendment to the Development Agreement and the Development Agreement, and shall
be the beneficiary thereof and a party thereto, but only with respect to the Subject
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 First Amendment and the Development Agreement, as such
duties and obligations pertain to the portion of the Subject Property sold, assigned or
transferred to it.
IN WITNESS WHEREOF, the parties hereto have caused this Development
Agreement to be executed as of the dates set forth below:
FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 4 of 6
CITY OF PORT ORCHARD:
By: � �
Timothy 6. Matthes
Its: Mayor
Date:
ATTEST:
B y:
B and mearson, City Clerk
APPROVED AS TO FORM:
By:
Carol A. Morris, Interim City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP
FREESTONE AYSII}E L.LC
r,.j � eiAW-. gip.
By:Aoeqt�o*,(At)
Print Name: J--ttrtf�v� n
Its: Managing Member
Date: �kl—fF46L
On this day personally appeared before me Timothy C. Matthes to me known to be the Mayor of
the City of Port Orchard, the municipal corporation described in and that executed the within
and foregoing instrument, and acknowledged that he signed said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument on behalf of
said municipal corporation.
GIVEN under my hand and official seal this at day of 2015.
FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 5 of 6
By: ri
C roi A..Mis, Interim City Attorney
STATE OP WASHNGTON
ss.
COUNTY OF KITSAP
On this day personally appearc d before me Timothy C; Matthes tome known to be the Mayor of
the City of Port Orchard; the municipal corporation described n and that.executed the within
and foregoing instrument, an acknowledged that he signed said. instriimeitt, to be the free and
voluntaryact and . deed of aid municipal corporation, for the. uses, and pLtrposes. ,herein
mentioned, and on oath state .that he was authorized tQ execute said instrument on behalf of
said municipal corporation.
GIVEN under my hand aiid of icial seal this day of 2015.
FHZST AMENDMENT to th
Bayside Plat
Page.5 of 6
Development.Agreem+
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STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
(74OT'ARY PUBLIC in and for the State
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Print Name:C',1,(��=,���1
My appointment expires:——��
On this day personally appeared before me to me known to be the Managing
Member of FREESTONE BAYSI.DE LL the corporation described in and that executed the
within and foregoing instrument, and acknowledged that he signed said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute said instrument on behalf of said corporation.
GIVEN under my hand and official seal this day of JyYw 2015.
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FIRST AMENDMENT to the Development Agreement
Bayside Plat
Page 6 of 6
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NOTARY PUBLI in and for the State
of Washing on, rest mg at
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