002-10 - Kitsap County - ContractINTERLOCAL. AGREEMENT BETWEEN KITSAP COUNTY
AND THE CITY OF PORT ORCHARD RELATING TO
PARKS, OPEN SPACk AND RECREATION WITHIN THE
11 CCORMICK URBAN VILLAGE AND MCCOlr± MICKWLID 9
URBAN GROWTH AREA
THIS AGREEMENT. is entered into between Kitsap County, a Washington municipal
corporation ("County"), and the City of Port Orchard, a Washington municipal corporotion
("City")
RECITALS
WHEREAS, the Washington State Growth Management Act (Chapter 36, 70A RCW)
and Kitsap Countywide Planning Policies encourage cities to provide urban services to
designated urban growth areas through annexation; and
WHEREAS, in 1998, the County designated the McCormick Woads/ULID 9 6 as an
Urban Growth Area (UGA); and
WHEREAS, In 2005, through Resolution 135-2005, as authorized in RCW
36.70B.170, the County entered into a development agreement relating to open space,
parks, and recreation with GEM 1 LLC 1 McCormick Land Co. for the McCormick Urban
Village located within the McCormick Woods/UILID # 6 UGA (the "2005 Parks Development
Agreement'), a copy of which is attached as Exhibit A and Incorporated herein by this
reference; arid
WHEREAS, in 2006 the County expanded the Port Orchard/South Kitsap UGA to
accommodate the City's projected 20-year growth and such expansion resulted in
contiguity between this UGA and the McCormick Woods/ULIU No. 6 UGA, which will allow
future annexations to the City; and
WHEREAS, in 2009, the property owners of a portion of the McCormick
1Noods/ULID No, 6 UGA commonly referred to as McCormick Woods Urban Village and
McCormick North, as depicted in the illustration attached ets Exhibit B and incorporated by
this reference, successfully petitioned to be annexed into the City; and
WHEREAS, the McCormick Woods annexation became effective on July 8, 2009;
and
WHEREAS, RCW 36.70B.190 provides that development agreements are binding
upon the parties and their successors, including a city that assumes jurisdiction throu jh
annexation of the area covered by the development agreement; and
WHEREAS, the 2005 Parks Development Agreement addresses the construction
and funding of parks, open space and recreation areas that are located within the
annexation area depicted in Exhibit B; and
Parks & Open Space ILA
Page 1 of 6
WHIZ REAS, the purpose of this Agreement is to facilitate an orderly transition of
recreational services and capital projects within the proposed annexation area of the
McCormick Woods/ULID #6 UGA; and
WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the
parties to enter into an agreement for cooperative action;
NOW, THEREFORE, BE IT RESOLVED that the mutual forms, conditions,
provisions, obligations contained within this Interlocal agreement are agreed upon by the
County and City are as follows:
1. Area_of.Applicability. This Interlocal Agreement shall apply to ail parcels located within
the annexation area depicted in Exhibit S.
2, Open Space, Parks and Recreation Plan. The City hereby approves and adopts the
McCormick Urban Village Open Space, Parks, and {recreation Plan, a copy of which is
attached as Exhibit C.
3. City Inclusion of Projects in Capital Foicilitles Plan, Port Orchard will include, when
appropriate, the McCormick Urban Village regional system projects in the City's Capital
Facilities Plan consistent with the Phasing Plan which is Included as an element of the
McCormick Urban Village Open Space, Parks, and Recreation Plan.
4. City Construction of Future Im rovernents. Port: Orchard shall construct the proposed
open space, parks and recreation regional system improvements identified in the
McCormick Urban Village Open Space, Parka, and Recreation Plan according to the
Phasing Plan, provided the Phasing Plan may be modified at the time of specific land
use approvals for development within McCormick Urban Village in order to assure that
the regional system improvements anticipated for various portions of the McCormick
Urban Village are developed concurrently with the residential and other uses which
generate the need for such improvements.
5. Transfer of McCormick Village P.arlt. Within thirty (30) days of the execution of this
agreement, the County shall convey to the City by quit claim deeds, in forms
substantially similar to those attached as Exhibit C, ail right and title to Kit -sop County
Assessor Parcel Number 042301-3-008-2000, a 63.5 acre parcel commonly known as
McCormick Village Park. Upon recording of the deeds, all jurisdiction and responsibility
for the property shall be with the City.
6. Transfer of Impact Fee
plDedicated Funds.
6.1. The parties acknowledge that the County has received revenue dedicated to parr
infrastructure improvements (including, capital facilities and/or transportation).
These revenue sources include: $643,742.00 in developer payments for the
McCormick Village Park_ The parties also acknowledge that since the annexation
is final, the County is no longer able to collect impact fees within the annexed area.
Parks 81 Open Space ILA
Page 2 of 6
6.2,Withln 45 days of the execution of th[s agreement, the County shall provide an
accounting to the City of funds dedicated, including any funds allocated on a pro
rata basis, to any open space,. parks, or recreation infrastructure Improvements
within the annexed area. The accounting provided by the County shall clearly
identify any restrictions placed on the use of the funds to be transferred to the City,
6.3. Within 30 days of the accounting described in }paragraph 6.2, the County shall
transfer all of these funds to the City, including accrued interest through the date of
transfer.
6.4. The City shall only use these funds In accordance with the law and consistent with
any pre-existing limitations placed upon the use of the funds that would have been
binding upon the County, including but not limited to the conditions set forth in the
2005 Parks Development Agreement,
7. Plans and Drawings, Within 30 days of the execution of this agreement, the County
shailf transferred to the City a[[ written documents, drawings, plans, specifications,
contracts, and electronic data related to open space, parks, and recreation
infrastructure improvements for the annexation area depicted in Exhibit B.
8. Vesting. The City acknowledges that for all development within the McCormick Urban
Villeg.e, the City snail not require the payment of additional fees related to open space,
parks, and recreation impacts and projects that are duplicative of the part; impact fees
already paid.
9. Assumption of Obligations under the 2005 Parks Development Agreement. As provided
by RCW 36.70B.190, and except as may otherwise be agreed in a separate writing
between the City and other interested parties, the City acknowledges that by annexing
the area depicted in Exhibit D, the City assumes jur[sdic#ion over the annexed property,
as well as all of the obligations of the County as set forth In the 2005 Parks
Development Agreement between the County and GEM 1 as assignee of McCormick
Land Company, [no, relating to open space, parks, and recreation plans and
improvements located within the McCormick Woods/ULID No. 6 UCA, a copy of wh[ch
is attached as Exhibit A.
10.Indemni .
10.1. The City shall defend, indemnify and hold harmless at Gity's sole expense,
the County, its elected and appointed officials, officers, employees and agents,
from and against any and all claims arising out of the City's performance or this
Agreement, whether the demand, loss or claim is due to the negligence of the City,
its subcontractors, successors or assigns, employees, or third parties.
10.2. The County shall defend, indemnify and hold harmless at County's sole
expense, the City, its elected and appointed official:, officers, employees and
agents, from and against any and all claims arising out of County's performance of
Parks & Open Space [LA
Page 3 of 6
this Agreement, whether the dertnand, loss or claim Is due to the negligence of the
County, its subcontractors, successors or assigns, employees, or third parties.
10.3. "Claim" means any financial loss, claim, suit, action, damage, or expense,
including but not limited to attorney's fees, attributable to injury, sickness, disease,
or death, or damage to property
11.Governance,, grope[jv acquisition.. This Agreement does not create any separate legal
or administrative agency. This Agreement does not eomemplate joint financing of
activities within its scope, nor does it contemplate a joint budget. '€'his Agreement elves
not contemplate the joint acquisition of property by the parties.
12.Duration. The duration of this Agreement shall be from the effective date until it is
terminated through mutual agreement by the pasties.
13. Entire Agreement L Amend eats. This agreement supersedes all prior negotiations and
agreements on these topics. Except as otherwise provided in this Section, no change
or modification of this Agreement shall be valid unless the same is in writing and is
signed by authorized representatives of the County or the City. No purported or alleged
waiver of any of the provisions of this Agreement shall be binding or effective unless in
writing and signed by the party against whom it is sought to be enforced.
14. Effective Date, B€ndin Effect, This Agreement shall be recorded with the Khap
County Auditor in accordance with RCW 33.34.04g. The effective date of this
Agreement shall be the mate upon which it is fully executed. The Agreement shall inure
to the benefit of and be binding upon the heirs, personal representatives, successor,
and assigns of the pasties hereto.
16. Notices. Any notices required by the Agreement shall be delivered, or mailed postage
prepaid, and addressed to:
Kitsap Countv
Clem to the Board
Office of the Kitsap County
Board of Commissioners
W Dlvlslon Street
Mailstop 4
Pert Orchard, WA 93366
City of Port Orchard
City Cleric
City of Port Orchard
216 Prospect Street
Pork Orchard, WA 99366
16.Multi to Ori i ls. This Agreement Fray be execrted in multiple copies
(counterparts),each of which shall be deemed an original.
17. Construction. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify,
amplify, or aid in the interpretation, construction, or meaning of this Agreement. Each
party has been represented by legal counsel and accordingly waives the general rule of
construction that an agreement shall be construed against its drafter.
Parks & Open Space ILA
Page 4 of 6
18.0ispute Resafution. The Parties shall attempt to resolve disargraeanents regarding
interpretation dr implementation of any provision of this Agreement by use of a formal
dispute. r6solution process such as mediation. If the parties cannot agree Upon a
mediator, one shelf be selected by the Kitsep Reg'ronof Coordinating Councli. All costs
for mediation services shall be divided equally between the partlos.
19. ssimmen Neither the City nor the County shall have the right to transfer or assign,
in whole or in part, any or all of its obligations and rights hereunder without the prior
written consent of the other party.
2Q. ucce�,sQrs and ass- cg s. The City and the County each bind themselves, their
partners, successors, executors, administrators, and assigns to the other party tca this
Agreement and to the partners, successors, admfrilstrators, and assigns of such other
party in respect to all covenants to the Agreement.
21.Governfng law 'urisdictiota• venue. This Agreement will be governed by the laws of the
State of Washington and any legal proceeding arising under it may be brought only in
the courts of Kitsap County, Washington.
22.Severabill . If a court of competent jurisdiction holds any provision of the Agreement
to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Agreement slid- not contain the particular provision held to be
invalid. If any provision of the Agreement conflicts with any statutory provision of the
State of Washington, the provision will be deerned inoperative to the extent of the
conflict or modified to conform to statutory requirements.
23.Authority_to contract. The Part. Orchard City Council has authorized the execution of
this Agreement by official action taken at a regularly scheduled public rneeting. The
Kitsap County Board of Commissioners has authorized the execution of this Agreement
by official action taken at a,reguiarly scheduled public meeting.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to
execrate this Agreement on the date set forth below,
DATED this _day of , 2009.
Cl f Y OF PORT ORCHARD
Parks Be Open Space 1L.A
Page 5 of 6
DATED this day of o,-el), 2010.
BOARD Or COUNT`( COMMISSIONERS
KITSAP COUNTY, WASH(NGTON
JOSH BROWN, Chair
ATTIST:
s�
Patricia KirhOi ri It, Ci4t Clerk
APPROVED A TO FORM
0�A is AjJujv,--'
Uregory A. aco y, tatty i mey
+"
Parks & Open Space (LA
page 6 of 6
NOT PRESENT
5TE � BAUER, Commis ioner
CHARLOTTE GARR 0, Commissioner
ATTEST:
6 h A f ,
_1
0P8A Robertson, Clerk of the board
APPROVED AS TO FORM:
Shelley eip, eputy Nosecutor
EXHIBIT A: ANNEXATION A-19-08 MCCORMICK WOODS
INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS
Resolution -2006
Amending the Development Agreement for
Open .Space, Parks, and Recreation
WI ERFAS, Kitsap County and GBM 1 entered into a Development Agreement for Open ,Space,
Parks, and Recreation that was executers by Kitsap, County on April 25, 2005 pursuant to RCW
36,70B.170et. seq.;
WBEREAS, through the Development Agreemment fat• Open Space, Parks, and Recreation,
Kitsap County approved and adopted the McCorraick Urban Village Open Space, Parks and
,Recreation flan ("Plan"), dated April 25, 2005;
WHEREAS, the Plait identified the McCamtick Village Park ("Park") as proposed Community
Project #4 to be located on the north vide of Old Clifton Road, just east of the proposed "Campus
Boulevard" (P(an, pgs. 6-7). The Park is intended to be a central gathering place for community
residents;
WHEREAS, Kitsap County and GPM I believe it to be in thit lest interests of the community to
have the Park constructed sooner than the phasing established by the Plan and by the approved
McCormick North. Master Plan Phase 2, and wish to amend the Deve)opi)wnt Agreement for.
Open Space, larks, and Recreation to address tha necessary changes associated with the County
rrssurnirig construction responsibility of the Dark, including an accelerated schedule and potential
increased costs associated therewith;
WHEREAS, RCW 36,7013.200 requires approval of development agreement by an ordinance or
resolution
that..the Kitsap Count Board of Commissioners —
ltereby approves the amendment to the Development Agreement for Opel? apace, Par)". and
Recreation attached hereto.
Adopted thisl ofNovernber, 2006.
GOi4
ATTEST 4� •• fS
O : `' •'� P3 E �'
0 ,
r
01
CD
Slut AA
%;s tity. .
Opal Robertson
Clerk of the Board
0
RD OF COUNTY COM1trIISSIONERS.
;AP COUNTY, WASHINGTON
EXHIBIT BIT A: ANNEXATION A-19-09 MCCORMICK WOODS
1NTERLOCAL AGREEIVIENT FOR OPEN SPACE & PARKS
•
McC(}RMCK URBAN V.[LLAGLr'
DEVELO) )Ms NT AGREEMENT FOR OPEN SPACE, PARKS, and RECREATION
AMEND MENT #1
Addressing Coi)sfraetlon of McCormlek Vilhige Park
THIS AMENDMENT ("Amendment') is entered into between Kitsap County, a
Washington municipal corporation ("County"), and GEM I LLC, a Washington corporation
("GEM 1").
W014Y1FA-I&9
WHEREAS, Kitsap County and GEM 1 entered into a Development Agreemeni for- Open Space,
Parks, and Reerealion that was executed by Kitsap County on April 25, 2005 pursuant to RCW
36.7OB.170 et. seq.;
WHEREAS, through the Development Agreement for Open Space, Parks, and Recreation,
Kitsap County approved find adopted the McCormick Urban Village Open Space, Parks and
Recreation flan ("Plan"), dated April 25, 2005;
WHEREAS, the Plan idcatilied the McCormick Village Park ("park") as proposed Community
Project #4 to be located on the north side of Old Clifton. Road, just oast of the proposed "Campus
Boulevard" (Plan, pgs. 6.7), The Park is intended to be a central gathering place for community
residents; 0
WHEREAS, in ,tune 2004 GEM 1, through The Berger Partnership, prepared the preliminary
concept plan for the Park attached hereto as Exhibit 1;
WHEREAS, based on the preliminary Concept plan and upon the assumed construction by GEM
.------1—t13e-}?Iaarestirnated-cnsts-o€ senstt�stioA-te-be-$�-8�,"�1an,$g� �-and..eStakrl.Fshedaphttsing
schedule such that (1) OEM I would complete a final plan in the first year with the development
of tbe. first housing on McConnick North, (2) phaso I of the Park would be constricted prior to
final ocetFpancy of 300 units arlyWhare within McCormick North, and (2)'phase 2 of the Park
would be eonshucted prior to final occupancy of 500 units anywhere within McCotmx ck North
(Plan, pgs. 7, 16);
WHEREAS, Condition # 44 of the approved McCormick lllorlh Master Plan Phase 2 mirrored
the phasing established in the Plan;
WHEREAS, Kitsap County and GEM 1 believe it to be in the best interests of the community to
have the Park constructed sooner than the phasing established by tho Plan and by the approved
McCormick North Master Plan Phase 2, and wish to arnend the Development Agreement for
Open Space, Parks, -crud Recrealion to address the necessary changes associated with the County
assuming construction responsibility of the Park, includizig an accelerated schedule and potential
increased costs associated therewith;
P-M-NDMENT 8t to bEV ELOPM�+tdT AG1LEEtvtElri'I
FOR OPE14 SPACE, PARKS and RECREATION- I
•
EXHOTA: ANNEXATION A-19-09 MCCORMICK WOODS
INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS
AGREEMENT
NOW, THEREFORE, the County and GEM 1 agree as follows:
all provisions of the Development Agreement for Open Space, Parks, and Recreations and
tireMeCormiclr Urban Village Open Space, .Parks and Recreation Plan shall continue in
full €orcc arld effect wiless modified herein,
2. Upon the transfer or dedication of the property to be used for the McCi)w tick Village
Park as provided below, And the transfer of funds as provided below, Kitsap County shal i
assltrno ftom GEM I complete responsibility for the design, construction, and
inaintenartce of the Park, including; the costs and scheduling tbereof. Kitsap Countymay
use the preliminary concept plan estab] ished by Thu Borger Partnership, but will not be
bound by it.
3, At the time of recording the Finial Plat of what is corrunonly known as Division Three of
the McCormick North Phase 1 Preliminary flat, GEM 1 shall also dedicate the area
shown on Exhibit 2 of approximately 65 acres for the Park to Kitsap County, At the tune
of Final Plat recording, the-lagal description of the Park shall be deternnined. The parties
agree to executo any necessary agreements or other documents required to complete the
dodication of that area to Kitsap County,
4. At the time of recording the Final Plat of what is cornmorily known as Divisions Tluee of
the McCormick North Phase I Preliminary Plat, GIwM I shall make a payment to Kitsap
County in the amount of Six Hundred Forty Three Thousand, Seven Hiladred forty Two
dollars($643,742.00), which is the full amount of the estimated costs of construction
($585,220), plus ten percont ($58,522) for design and engineering.
—__..--
tire provisions above, Kitsap County Shall accept these actions as the fulfillment of all
obligations of McCormick Land CompanylC FW I LLC for design and construction of
the Park, as identified in the McCormick Urban Village Open Space, Parlor; and
Recreation Plan, and in Condition 944 of the Mc:Coernick North Master Plan Phase 2
6. - The McCoratickNorth Master Plant will hereafter be amended consistent with this
Amendment and pursuant to Kitsap County Code 17.42$.120.
7. At'such time as the subject property is ann6xed by a monicipolity, a pre -annexation
interlocal agreement shall be executed which snakes prctvision for park development and
maintenance responsibdities associated with the Park created pursuant to this Agreement.
EXECUTED by the, pai#ies on the Batas herminaiter indicated.
10JENDMENTttt to IIFVFL0F1MHNTAGttEF NT
FOR 0P8N SPACE, PARKS and HCREA' ION- 2
EXHIBIT A: ANNEXATION•A-19-09 MCCORMICK WOODS
INTERLOCAI AGREEMENT FOR OPEN SPACE & PARKS
•
DAxP,D:
ATTEST
Opfal Robertson
Clerk of the Board
APPROVBD AS TO FORM:
By: 1 tyd9r
osecutingAttomey
laTSAP COUNTY HOARD OF COMMISSIONERS
GEM I, LLC
Its:--
Date--�Co�f1�:��ii`
STATE OF )
Qatik1 R' YA �► ss.
COUNTY Oir�•
Chair
issioner
over
DESE HOLBpft
Crntuwl d og(orr9
L*.,.W
Lclg!rr�'
Aukklc• Cptxarnla
m0mo County
. EAPUa6 Jun 2 7, 2a t0
I certify.that I know of have satisfactory evideaco that SC t '0• U�C� is the person
appeared bcforc xao, and said person acknowledgt;d that heJsh4 signed this iiistrumeait, on oath
stated that he/she- was authorized to exeeute the instrument and acknowledge it as the
ttt��meritioncd
of GENT I, LLC to be the fee and voluntary Act of such party for the
puin the instniment.
SU13SCRIBED AND SWORD to before tare this t0 day oft!a e�y /mY,��g_,_2006.
NOTARY PUBLIC in and for the State of
Cai�t'otzYit�t�, ):esidfng atVlSVC�lm,
My appointment expires: ?.0t 0
APPROVED AS TO FORM;
AAttorneyIfor-1, LLC
AMENDMENT ##I to DLVELOPMENT AGREEMIP,NT
FOR OPEN SPACE, PARKS and RECREATION- 3
EXHIBIT A: ANNEXATION A-19-09 MCCORM(CK WOODS
I0 INTERLOCAL AGREE(A =NT FOR OPEN SPACE & PARKS
McCORMCK URBAN VILLAGE
DEVELOPMENT AGREEMENT FOR OPEN SPACE, )VA.RKS and RE, CREATfON
TI-IIS AGREEMENT is entered into between Mtsap County, a Washington municipal
corporation ("the County"), and GEM I LLC, a Washington corporation ("GEM I').
RECITALS
WHEREAS, GFM I is the owner of the undeveloped lands in the South Kitsap
UGAIUL10#6 Sub -Area Plan ("Plan") Iutown as "McCormick Urban V01agc" ; and
WI—MRFAS, the South 1Gitsap UGA/ULID46 Sub -Area Plan for the McCormick Urban
Village establishes, as a goal, the creation'of a comprehensive, integrated plan for open spaco,
parks and recreation (flan, p. 25, Goal 5); and
WBEREAS, Kitsap County has adopted KCC Chapter 17.423, "Master Planning
Requirements for the South Kitsap UGAIULI]D 06 Sub -Area" to implement the Plan; and
WHEREAS, KCC 17.429.020 and 17.428070(B)(6) state that a comprehensive plan for
open space, parks and recreational areas shall be planned for the area subject to master planning
and include a coordinated plan for the provision of a conzprOzensive, intercortnected and
integrated network of parks, open space and recreational areas, showing crintlectiol)s, as
appropriate, to adjacent areas within the sub -area and, as- appropriate, outside the sub -area, and
meeting certain minimum standards; and
WHEREAS, GEM I has applied for a Master Plan Approval under Application No
0418788 pursuant to the requirements of Kitsap County Code Chapter 17,428 for the
development of portions of the McCormick Urban Village north of Old Clifton Road designated
Urban Cluster Rcsidentta ( ; a`n_ ------ T ---
VM REAS, the Department of Community Development ("DCD") has requested that
the Masten, PIan for the UCR zoned portions of McCormick North be expanded to include a
comprehensive open space/recreational plan for McCorrnielc Urban Village; and
WBEREAS, GEM I has submitted, as part of the Master Plan applic'ation, an Open
Spare, Parks and Recreation Plan for the entirety of the McCormick Urban Village; and
WHEREAS, Kitsap County has adopted the Kitsap Open Space Plan (2000) and the
Kitsap Parks Study P003), which establish standards for open space, parks attd recreation; and
DEVELOPMENT AGREEWNT FOR OPEN
SPACE, PARKS and RECREATfON- I
EXHIBIT A, ANNEXATION A-19-09 MCCORMICK WOOS
INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS
WHEREAS, Kitsap County has adopted additional standards for McCormick Urban
Village Parks and Recreation in the UGA/0LID#6 Sub -Area flare at Section 7.2.4; and
WIdER.EAS, Kitsap County has adopted additional standards for open space, parks and
recreation for McCormick Urban Village in the Kitsap County Code Sections
17.428.070(B)(6)(a) and (b); and
WI-IEREAS, Kitsap County has reviewed the McCormick Urban Village Opert Space,
Parks and Recreation Plan for compliance with all adopted standards and requirements; and
WHEREAS, the parties anticipate that development of McCormick Urban 'Village will
occur over a period of years and that they wish to provide for a system for funding and
constructing the regional open space, parks and recreation system improvements identified in the
McCormick Urban Village Open Space, Parks and Recreation Plan at such time as imparts occur
and improvements are warranted; and
WHEREAS, GEM I wishes assurance that it will receive, as appropriate, credits andlor
reimbursements from Kitsap County if and when GEM I constructs regional system open space,
parks and recreation improvements for McCormick Urban Village, that are listed in Kitsap
County's Capital Facilities flan, the value of which exceed CEM i s proportional share of tite
cost of those improvements; and
W-MRLAS, RCW 36.10B.170, et. seq., authorizes counties to enter into mitigation
agreements providing for, among other things, "development standards and other provisions that
shall apply to and govern ... the development."
AGRE +'NT
NOW, T'HE"FOIM, the County and GEM 1 agee as follows:
1. approval of c arrurc r 15an rage peu pace, ar and�i[ei'rtra^
Kitsap County hereby approves the McCormick Urban Vlllagei Open Space, Parks and
Recreation Plan, acopy of which is attached as Exhibit A.
2. County Inclusion of Projects in Capital Facilities Plan, Kitsap County will include,
when appropriate, tiro McCormick Urban Village regional system projects in the
County's Capital Facilities Plan consistent with the Phasing Plan which is included as an
element of the McCormick Urban Village Open Space, Parks and Recreation Plan.
County Construction of improvements, If and when funding allows, Kitsap County
shall construct the open space, parks and recreation regional system improvements
identified in the McCormick Urban Village Open Space, Parks and Rccreation Plan
according to the Phasing Plan, provided the Phasing Plan may be modified at the time, of
speoif'ec land use approvals for development within McCormick Urban Village in order to
DFVELOPMENT AGREEMENT FOR OPRN
SPACE, PARKS and RLCREATI:ON- 2
0
EXHIBIT A; ANNEXATION A-19.09 MCCORMICKWOODS
INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS
assure that the open space, parks and recreation regional system improvements
anticipated for various portions of the McCormick Urban Village are developed
concurrently with the residential and oth r uses which generate the need for such
improvements.
Cottalruction of Certain Open Space, Parks and Recreation Improvements. GEM 1
or its assignee may construct certaur improvements identified in the Open Space, Parks
and Recreation Ulan and the Phasing Plan therein, as part of the deve(opuient of certain
portions of the McCormick Urban Village pursuant to approved land use permits.
Certain of these projects, which shall be considered regional system projects once they
are included in the County's Capital Facilities Plan, can be used to apply for credits
and/or reimbursements, as described in Section G, below. in the event that GEM 1
constructs regional system pro arts pursuant to this Section, the design and construction
thereof shall be coordinated with the Kitsap County Parks Department and shall be
subject to Kitsap County permit requirements in effect at the date of application for
construction permits.
5. Credits audfor Reimbursements for Construction by GEM 1. In accordance with
RCW 82,02.060(3) and KCC 4.110.040, a developer is allowed to request credit and/or
reimbursement in the event that the developer constructs open space, parks and recreation
improvemens that would otherwise be constructed by Kitsap County. Upgii completion
of an improvement identified in the Open Space, Parks and Recreation Plan and listed in
the Capital Facilities Plan, GPM 1 may make it written request for a credit/reimbursement
to the Director of the Department of Community Dovelopmmit and such request till be
processed pursuant to KCC 4.110.040 in consultation with the Director of the Facilities,
Parks and Recreation Department, The timing and amount of any reimbursernent will be
dependent upon the availability of fees collected and any prior funding commitments-
b. Annexation. As provided by RCW 36.70k3.190, while this Agreement is in effect, "the
agreement is binding on .. , a city that assumes jurisdiction through lacorporatinn or
��"" e io�i lre�r�$-�veringth�pmPe►�y'eavered�ry-#hey-dekvefeprn�€-a�et�t "In...��__��..w
the event McCormick Urban Village is annexed or incorporated into a municipality, and
the municipality agrees that it is bound by this agrecmeut, all funds that represent the
proportional share of the costs for system imptovements reasonably related -to the
McCormick Urban Village regional projects that are listed in the Capital Facilities Ilan
and that arc available at the dine of annaxation shall be conveyed to the municipality for
use in funding construction of the necessary open space, parks and recreation system
improvements which are the subject of this Agreement,
7, Vesting Rules. This Agreement shall remain in effect for all developniw within the
McCormick Urban Village. Kitsap County shall not requite the payment of additional
fees related to open space, parks and recreation impacts and projects that are duplicative
of the park impact fees Already paid.
DEVELOPMENT AGREEMENT FOR OPEN
SPACE, PARKS and. RECREATION. 3
EXHIBIT A* ANNEXATION A-19-09 MCCORMICK WOODS
INTERLOCAE AGREEMENT FOR OPEN SPACE & PARKS
8. Amendments, l;xcept as otherwise provided in this Section, no change or modification
of this Agreement shall be valid unless the sume is in writing and is signed by the
authorized representatives of Kitsap County and GEM 1. No purported or alleged waiver
of any of the provisions of this Agreement shall bo binding or effective, unless in writing
and signed by the party against whom it is sought to be enforced.
9. Serious Threat to Public Health and Safety. Pursiiant to RCW 36.70.B.170(4), the
County reserves fhe authority to impose new or different regulations to the extent
required by a serious threat to public health and safety.
10. Binding Effect: This Development Agreement shall be recorded with the Xitsap County
Auditor and shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the parties hereto. Any city that assumes
jurisdiction through incorporation or annexation of the area subject to this Agreement
shall also be bound to this Agreement, pursuant to RCW 36.70B.190.
It. Relationship of the Parties: Notwithstanding any other provision of this Development
Agreement, or any other agreements, contracts, or obligations which may derive
herel'rom, nothing; herein -shall be construed to make the County or GEM 1 partners or
joint venturers, or to render any other parties liable for any of the debts or obligations of
the other parties, it being the intention of this Development Agreeinent merely to create
the agreements set forth herein with regard to open space, parks and recreation
improvements to mitigate the open space, parks and recreation impacts of the
McCormick Urban Village.
12, Applicable Law and Venue: This Developmeni Agreement shall be, governed by and
construed in accordance with the laws of the State of Washington. Any action with
respect to this Development Agreement shall be brought in Kitsap County Superior
Court, Port Orchard, Washington.
uihin[erigils�Yhis Dev�opment Agreement zna be axecuted_in multiple copies, ---
each of which shall be deemed an original.
14, Construction. The captions throughout this Development Agreeinent are for
convenience and reference only and the words contained in them shall not be held to
expand, modify, amplify or aid fi the interpretation, construction or imeaning of this
Development Agreement. All parties hereto have been represented by legal counsel and
accordingly hereby waive the general rule of construction that an agreement shall be
construed against its Attorney's pees. in the event that any party to this Development
Agreement beings a lawsuit against any other party in order to enforce any provision of
this Development Agreement or to redress any breach thereof, the prevailing party in any
such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in
addition to any other available remedy.
DEVELOPMENT AGREEMENT FOR OPEN
SPACE, PARKS and RECR , ATION- 4
•
EXHIBIT A; ANNEXATION A-19-09 MCCORMICK WOODS
1NTRRLOGAL AGREEMENT FOR OPEN SPACE & PARKS
15. Attorney's Fees. 1n the event that any party to this Agreement brings a lawsuit against
any other party in order to enforce any provision of this Agreement or to redress any
breaeh thereof, the prevailing party in any such lawsuit shall bo entitled to recover its
costs and reasonable attorney's fees in addition to any other available remedy.
EXECUTED by the parties on the dates hereinafter indieated.
DATBD:
ATTEST:
Opal Robertson
Clerk of the Board
APPROVED AS TO FORM:
By:
Deputy Prosecuting Attorney
Date:
GEM 1, Uc
By:
Its:
Date:
KITSAP COUNTY BOARD OP COMMISSIONERS
CHM ENDRESEN1 , Chair
ANGEL, Commissioner
PA` 7Y LBNT, Cozninissioner � T
DUBLOPMENTAGREEMI.NT FOR OPEN
SPACE, PARKS and RECREATION- 5
EXHIBIT A; ANNEXATION A-19-09 MCCORMICK WOODS
INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS
STATE OF WASFUNOTON j
ss.
COUNTY OF KITSAP }
I certify that is know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
of GEM 1, LLC to be the fee and voluntary act of such party for the
purposes mentioned in the instrument,
SUBSCRIBER AND SWORN to before me this day of T _2005.
NOTARY 7'UI3Ll•C in and for the State of
Washington, residing at
My appointment expires:
APPROVED AS TO FORM:
By: -- ---
Attorney for GEM i, LLC
Date:
DEVELOPMENT AGREEMENT FOR OPEN
SPACE, PARKS and RECRBATION-6
•
0
EXkf8ti'A: ANNEXATiOnA-1949 MCCORMICK WCOW
fNTERLOCAL AGRC-CMENT FOR OPEN SPACE; & PARKS
{
x..
�
y
wx
MMd
jDan
MA
RM��llI
Hill
��■
1 { -
� r• -
R
�
�f.'Conioti-. •.
415,
.»� z-•---mac °'�°" �`',.,�. '� r:l
k
•
1-1
V. en Space, ace Parrs and Recreation Plan 0
p
Introduction
The "Open Space, Parks and &arah'an Plan" is intended to meet all reciturements for these
infrastructure facilities at full build -out of McCormick Urban Village. It meets all standards and
requirements for a community ?lamed for 10,000 residents. It is based on and consistent with the
McCormick Urban. Village Plant and other adopted Kitsap County stetidatds for open space, parks
and recteation. It meets the master planning requirements of Sec.17.428. It is designed to include
protection measures for sensitive areas ruhich meet the standards of I-itsap Code 'title 19, Critical
Areas Or&nartcc.
This pattern of open space protection and provision of active recreation and pocket pa&s
established at the McCormick Weods neig6orhood has set a Lgh standard for the remainder of
McCormick Urban Wage. This Plan continues that standard. It is intended that this plan, together
with the accompanying "Mitigation Agreement for Open Space Parks and Recreation", will be
formally reviewed sand adopted as Bart of this Application.
The Plan includes,
Planning Context -- summarizes the history and context for planning
Desq,tiption of Plan Projects — dcscrJbcs the existing nad proposed regionsl and
community projects
Financing Plan presents estimated costs and sources of revenues for development and
maintenance
Phasing Plan -- shows schedule for proposed projects
Standards — summarizes applicable standards and demonstrates how Plan meets the
standards
Mitigation Agreement — defihes public/private partnership to assure implementation of
this plan
The map, Plan fat Opsrt Space, Patk and Recreat on Facilities, on the next page shows the
Planning Context
'the McCormick Village Open Space, Parks and Recreation Plan helps unpletnent the adopted plans
of Kitsap County as well as the visions and conuidtments of McCormick Land Company.
KIrsap open Space Plan Kitsap County adoly ted the YjW Opv Spao P&n (2000)
which establishes priorities for open space, parks and recreation throughout the County.
The Plan states that m open space system is a "connected system of parks, often space,
recreation facilities, greenways and trail corridors". It outlines policies for acquiring,
developing and maintaining the system;
a. Preserve and manage critical open space;
b. Development and maintain regional traits;
c. Acquire and develop regional parks;
L Pormaly koowa as the "South Naap UGAIUL D 46 Sn6Ara Piart'; adopted by the Ictsap County Boud of County
Commissioners, Ihceinber M.
1
Apa-i125, 2005
d. Collaborate on use of school facilities for community recreation;
e. Partner with tocat jurisdictions to develop and maintain local pules; and,
f. Coopetate with'cities to coordinate and lyre -plan development of urban parks.
Vision for McCormick lands From the 1980's,1McComidck Land Company
envisioned building an urban open-spacerrecxeatiott community on its lands in South Kitsap,The McCormick Woods Master Plan, on the south side of Old Clifton Road, with its public
golf course, was the first step toward that long-term goat. The plan established over 400
acres of wetlands, streams and woods as permanently protected open space. There are now
over 600 occupied homes at McCormick Woods in single-family, duplex and 2.eta-tat line
housing. See FxEbit "iMcComuck Woods Master Plan", following this page.
The McCormick Woods Master flan was followed in the early 1990's with a plan ('Planned
Utbur Development" or I'UD) for neighbothoods an the nortit side of Old Clifton Road.
The plan established setbacks and buffers to protect stream corridors, steep slopes and
wetlands. It included 410 residential units and an approximately 60-acre site for, a then
anticipated community college expansion campus for Olympic College. The plan vas
known as "McCormick Campus Station".
In 1993, McCormick took the lead, in cooperation with the State of Washington find 1<11-sap
County, in preparation of the McCorntrck%CandngvodjSgxare State Park Praseive Plana (EDAW,
1998). The Plan identified habitats to be preserved and opportunities for recreation. The
effort to expand and preserve permanent public open space in this area continued through
the next five years. Studies and surveys sponsored jointly by Kitsap County and McCormick
identified this area as the headwaters for Coulter and Rocky Creeks. A sketch plan for
potential uses including open space protection, multi -use trails and active tecrLation -- was
prepared (Tlte Berger Pattnership, March 2003). I Ater that year the County aquire;d title to
approximately 1,200 acres and created Coulter Creek Heritage Pack. as a regional commututy
park, firlHing one of the Kitsap Open Space goals for a heritage park in South Wtsap. An
initial recreation use -- a Radio -Controlled Airplane bark -- is already in place, and plans are
-----,------uttclerssra}�-foz-impxn�ng traiLs.egm_�:it�. _ _ w --
See "McCormick/Calvinwood/Square Sake Presetve Conceptual Master'Plan", "Watershed
ArcaO, and "Coulter Greek Heritage Dark Plan" neaps on the following pages.
County Plan for McCormick urban Village 'neMcCormick Urban Villageplan,
adopted by Kitsap Coutttyin Decernbet 2003, formalizes a land use pattern that is consistent
with snd expands the original vision for this community. The Village plan is Fox nvxed-use
neighborhoods, including business pack, village center, and x variety of ncighbc'thoods, and a
centrally located community park site, with its requireinents for a comprehensive open
space, parks and recreation plan it affiruis the intent to create urban open -space -recreation
community.
Open Space, Parks and Recreation Plan for McCormick Urban Village This
current Open Space, marks and Recreation Plan builds on the Kitrap Open Space Plant and the
ivlcCortnick. Village Plan to take the planting for open space, parks and recreation to the
next level of detail. It icletrtifies specific projects far regional and community facilities,
2
April 25, 2005
estimates costs for acquisition, developmettt and maintenance and lays out a development
phasing plan.
�j
0
3
April 25, 2005 0
•
Plarr Projects
The topography at McCormick Urban Village' consists t)f a series of undulating north -south ridges,
pocket wetlands and stream corridors. The open spaces are comprised ofwetlands, stream cortidors
and forested lands -- a good example of a typical northwest ecosystern. At the northern edge, the
land falls steeply from a plateau to the lands• below, along Sinclak Inlet. The laud configuration and
the flan land uses establish the opportunties to create a comprehensive plan For projects to enhance
and preserve open space, establi6parks and create tecteation facilities, the projects are described
here as Existing Regional Projects, Proposed Regional projects, and Proposed Community Proiects.
See also surrunary in the chart, Ptafects, CooceptNans aircll�inpfenic�rh on Strategy, following
this section.
Exlsting Regional projeCts There are three existing facilities that are part of the Ktsap
County regional system of open space, parks and recreation. The first is a major open space
system at and adjacent to McCormick Urban Village is that includes the Coulter Creek
Heritage Park and contiguous open space areas, The second is the Anderson Creek
Headwate.ts Viewpoint located just off McCormick Woods Boulevard. The third redonal
facility is the McCormick Woods Golf Course, a privately -owned, open -to -the -public 18-
hole golf course.
I. Coulter Creels Heritage Park, Square Lake, Big bond The 1,2fi0+/- acre Park
is part of an over 2,000 acre synth that extends notth into McCorn-ick Urban Village
at Big Potid and Square Lake areas, through the McCormick Woods open space, the
headwaters of Anderson Creek and into a part of the Bxetnerton Watershed. It
extends from Square Lake on the east, along the southern boundary o f the Village,
across Sunnyslope Road to the Bonneville Power Adn-&dsuation lines ors the west,
near Bremerton National Airport. It is the' headwaters of several streams and creeks
and supports nattive vegetation, lairds and small tziammals.
It is sometimes difficult to identify the boundary between Coulter Creek Heritage
Park and adjacent ownerships, most especially of the south boundary of McCormick
, rtla� p �s le the liaundery and v er unique
opportunities for joint management or expansion of the Nark — Big Pond and Square
Lake, This Plan will foxrnally lhik these areas.
+ Big fond is a 20-acre lake lyingimmediately south of McCormick Urban
Village. The south portion of the pond is within the Coulter Creek Heritage
Park and the north part is within the Village. Big Pond Trail is a favoxitc of
localresidcnts and offers opportunities to observe the workings of a large
beave.x colony. 7be trail, which connects to other trails in Coulter Creek
Heritage Park, crosses lands variously owned by the Park, McCormick
Woods Association and GEM I LLC. A joint management agreement for
trails that cross these. boundaries could result in coif savings,
• Square Lake, is 2x1 approximately 30-acre lake with the south one-half sited
hi Square bake Park, which is owned by T<itsap County anti managed by the
State of Waslungton and for all intents and putposes is part of Coulter Creek
Heritage Park. There is a small beach and picnic area with access from fake
Flota Road. The northern part of the Lake is witlyin the boundaries of
McCormick Urban Village, vn land which is still owned by the developer.
4
April 25, 2005
•
The proposal is to expand the lark at this location to encompass Square
Lake and to develop additions to the trail systern,
2. McCormick Woods Open Space-- At the western edge of McCormick Moods,
between McCormick Woods and the to-bc-developed McCora irk West, there is
approKirttately400 acres of woods andwedands extenditig north -south which is part
of the overall critical open space system. This area, with over 6 miles of trails, is
currently owned and maintained by the MGCottWck Woods Homeowners
Association. The trails through this privately -owned space include the Big Pond Trail
which inks to Coulter Creek Heritage Park. There is a public easement over the
westernmost trail, although the last seginent to Old Clifton Road has not been
deffnrd, The proposal is to enter into a joint ntaitagement agreement with the
McCormick Woods Association so that this trail is included in the regional trail
system.
3. Anderson Creek ffeadwaters'Viewpoint it,ocated on the west side of McCormick
Woods Drive, approximately 450 feet south of the intersection with Old Clifton
Road, is a monument and viewpoint for the Anderson Creek Watershed. The display,
which was erected with the sponsorslvp of the Anderson Creek Strearn'X earn and
McCormick Land Comparty, presents information on the watershed which drains into
Puget Sound. Vrom the site, which has parking access, visitors cat view a la%ge
typical wettand environment.
Proposed Reglonatf Projects Because the expansive areas of open space are owned by
several cooperative entities, them are special opportunities to expand axid improve the
regional open space and park system. The.projccts include: a defined trail from Coulter
Creek Hetitage Park to SR 16 and the Mosquito %Feet Trail; a trailhead in McCormck Urban
Village into the Park near Big Pond; and,-expansion.of the Park and tr;iil extension at Square
Lake.
— -- 1aii#rei��ati.lte�t��kY-1<ecitagc-Pack-to,-SRI"nd_tlxe Mnan
When completed xesidents and visitors will be able to walk from the Coulter Creels
Heritage Park south of McCormick Urban Village north through McCormick [irban
Village and the Bremerton Watershed to the southern edge of Highway 16, along
Sinclair Inlet. The proposal is that the County plan at this location fora connection
to the Mosquito Fleet Trail, which is proposed to tun the entire length of -die Mtsap
Peninsula along the shore of Puget Sound.
These trails, together with sidewalks in the Village where appropriate, also serve as .
practical paths from neighborhood to neighborhood and from the residential areas to
the futuxe village center and business park.
• Link 1: CCHP to McCormick Village Park Ttiere is a public easement along
this trail which extends froin Coulter Creek Hetitage Park, near Big Pond to
Old Clifton Road. Currently, this trail is owned and maintained by the
McCormick Woods Association and no significant provision has been made
for public use. As planned here, this link would be extended, as part of the
April 25, 2005
0
•
developer's xesponsibihty, across Old Clifton Road to McCotn iek Village
Park when the first division of houses is constructed on McCormick North.
Lh)k 2: Village Pant to the Bremerton Watershed McCormick Village Park
(described in detail below and shown in concept plan) is centrally located iu
.the Village. There are existing old logging roads which will be improved as
paths, both west and east. Ta the east the path will connect with a water line
easement which will extend to the south boundary of the Bremerton
Watershed. This easement will be dedicated and improved by the developer
when a water line is installed to serve the McCormick Nor& neighborhoods.
]Link I Notth thtough the Btemettotl Watershed The water line easement
and improvement extends north, downhill, across the $remetton Watershed.
It wM be located outside the Anderson Creek setback buffer. Usc of this
easement for a trail as part of the regional trail system will require an
agreement between Kitsap County and the City of Bremerton.
Link 4: Across SR16 This link would join up with a future proposed
Mosquito FleetTrail along Sinclair inlet, The Mosquito Fleet Trail is being
developed as oppottusuues become available and is planned to run the entire
length of the Mtsap Puget Sound coastline. A pedestrian crossing over SR16
will be requited, The project wilt need the cooperation of WSDOT to
proceed.
2. Trailhead to Coulter Creek Heritage Pack in south part of McCormick Urban
Village near Big .Pond A trailhead is shown on the concept plan for Coulter Creek
Heritage Park, located in the south part of McCorrrz ck Urban Village, In concept it
would have limited parking, an information kiosk and restrooms. Planv4ig for this
project will occur in the neat future, at the same time as the planning for cooperative
managerncrit agreements for Ehe trails at Ng Pond and through the McCormick
Woods Open Space. The developer will dedicate the land for the ttailhead at such
time as development of Mr_Counick West proceeds.
.�� �xpan ou er tee xt a ill
in the information about Squate Lake, the lake extends north into McCormick Urban
Village. Preliminary Qeld study indicates thst a trail could be constructed in this area
that could at least extend existing trails at Square L21m anal perhaps eventualty circle
the lake. Tlie proposal is to cooperate with l tsap County on the location and
construction of the trail. 'This work will proceed at the same time es plans are made
for future neighborhoods in this area. The developer will dedicate the land.
Proposed Communhy Projects 'Yhe McCormick Urban Villags Plant strategically sites
two major community facilities, a large community park and a multi -school site. These two
projects, one developed by GHM I LLC and the other when SKSD#442 builds schools, are
intended to provide for all active xeereation for Village residents. In addition, the
cone nnitrnent to providing "pocket parks" within the residential Neighborhoods in a manner
consistent with the Dousing market served by each ncighbo4inodNvill continue.
4, McCormick Village Park McCormick Village Park is comprised of over 65 acres
of protected wetlands and play areas. It is located on the north side of Old Clifton
Road, just east of the proposed "Campus Boulevard", The play areas are sited an a
6
April25, 2005
•
to v ridge between the wetlands that drain into the west fork of Anderson Creek. A
preliminary concept plan for the park has been prepared by The Berger patwership
Dune 2004). See next page. The concept is for a central gathering space for
community xesidents, In the center there is a Village Gxeen, surrounded by generous
paths. There is an adja"nt children's play area, Restrooms are nearby. A sports
rneadowis located near Old Clifton Road with bicycle and pedestrian access. The
northeni part of the park is reserved for informal play, with open fields, running
paths, a kite hill and an overlook picnic area. Parkilig is located off Campus
Boutevard.
A final plan will be completed with the dcveloprnent of the first housing on
McCormick North. 'I'he park will be developed in phases as the comimututy grows,
which different phases scheduled specifically as first 300, then 500 and Finally Village
Center homes are occupied. See Phasing Plan, below.
School Facilities The McCorrr&k Urban Village plan includes an approximately
59+-acre school site. The site is located on the north side of Old Clifton Road, at the
western boundary, at Feigley Road, The South Kitsap School District #402.
(SI D#402) and McCormick have cooperated on thelocadon of this school site and
ou providing urban utilities and regional stotmwater systems to support future school
construction, Although the District does not have specific plans for schools atthis
time, the site is adequate to provide for cldier a junior anti senior high school, or, an
elementary and junior high school..
SICSD has an adopted policy of cooVerating with the community to allow use of its
facilities for community recteation:
"'The Board recognizes and supports the concept of community schools anti/or
community education. To this end, the Board encourages the utilization of all
Diguict facilities for this purpose within budgetary limitations. The Superintendent
—, --�Q,4SI�j(�aµ_t(J-tjle�rr� Fnr.{ts�lji rntr�rf nnPrahfno-mttr�p�fnPc f[]f• (�I lementtftg' j�e~___��_
Community Education Program."
The schools' baRfields anti other athletic facilities Lvi11 be available for community
resideries' use.
5. Pocket Parks In addition to the major facilities described above there are small play
fields, sport courts and tot lots sited in the neighborhoods. While these are open to
all residents, those who live nearby are most likely to use them. These will be planned
atsd constructed by the site developers and home buildets, depending on the Housing
market.
7
April 25, 2005
•
•
C]
R,,,.r eevtrr
Meeting Date: February 22, 2010
Agenda Item No:
P% �na1C
Kiltsap County Board of Commissioners
Department: Commissioners Office
Staff Contact: Eric Baker
Title: Special Projects Manager
Recommended Action: Consider public testimony and recommend approve of interlocal agreement.
Over the last two -years staff has been negotiating the transfer of service responsibilities
with the City of Port Orchard regarding the McCormick annexation area finalized in July
2009. While responsibility for service largely transferred to the City at the time of
annexation, there are several remaining issues to be addressed in the areas of
transportation, parks and stormwater. To resolve these issues, the County and City have
been working on three separate inter -local agreements (ILA) including parks, stormwater
and transportation.
The first of which is the Parks and Open Space ILA regarding the future ownership,
development and maintenance of parks and trail facilities within the annexation areas. A
primary component of this parks system is a currently undeveloped 63.5-acre regional
park site. The land for this park was deeded to Kitsep County by GEM 1 in 2007 as well
as a lump sum payment for its development in the amount of $643,732 in 2008. As
responsibility for the park, its development and future maintenance and operation are now
the responsibility of the City; the ILA would transfer the property as well as the lump sum
payment from the County to the City.
Additionally, the ILA addresses responsibility for other parks and trails in the McCormick
Village (except those privately owned within the McCormick Woods development) and
several liability issues regarding past County work in the annexation area.
After review by all affected departments and briefings, the County provided a draft ILA to
the City In August of 2009. The City approved this draft ILA without amendment on
December 5, 2009. Staff recommends approval of this signed ILA.
Attachments:
1) Parks ILA as approved by the City of port Orchard
Fiscal Impact
Expenditure required for this specific action:
$643,732
Total cost including all related costs:
$643,732 plus staff time.
Related Revenue:
$0
Cost Savings:
$0
Total Fiscal Impact:
$643,732 plus staff time.
Source of Fronds:
Developer Payment
Fiscal Impact (DAS) Review
Departmental Coordination
Department Representative I Recommendation/Comments
Contract Information
Contract Number
late Original
Amount of Original
Total Amount of Amended
Contract or
Contract
Contract
Amendment
Amendment
Approved