036-22 - Ordinance - Development Agreement with McCormick CommunitiesDocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
ORDINANCE NO. 036-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH MCCORMICK
COMMUNITIES, LLC FOR DEVELOPMENT OF PARK IMPROVEMENT PROJECTS AND
ISSUANCE OF PARK IMPACT FEE CREDITS; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and
enter into development agreements that govern the development and use of real property within
the City; and
WHEREAS, the City Council has adopted standards and procedures governing the City's
use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code
(POMQ and
WHEREAS, McCormick Communities, LLC has significant property holdings which are
under development in Port Orchard; and
WHEREAS, McCormick along with its predecessor, have been developing the McCormick
Property primarily with residential uses, including installing infrastructure of all types; and
WHEREAS, many acres of the McCormick Property have received preliminary plat
approval, and other acres have received final plat approval, and McCormick has sold some of the
resulting lots to builders; and
WHEREAS, the Development Agreement is applicable to properties located in the
development areas known as McCormick Woods, McCormick North, and McCormick West, as
depicted on Exhibit B to the Development Agreement, which includes both McCormick's property
and lots sold by McCormick to owners of record who are builders who have authorized
McCormick to act as their agent in applying for and executing this Agreement; and
WHEREAS, during an earlier phase of the McCormick development, McCormick's predecessor
donated land for a park known as the McCormick Village Park which was transferred to City
ownership in approximately 2010; and
WHEREAS, as part of its continued development of the McCormick Property, McCormick will
undertake additional improvements at McCormick Village Park. These additional improvements
are called McCormick Village Park Phase 3 and such improvements are included the City's Parks
Recreation and Open Space (PROS) Plan; and
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Ordinance No. 036-22
Page 2 of 3
WHEREAS, in addition to McCormick Village Park improvements, McCormick will be
developing three trail projects that will be dedicated to the public and which are part of the City's
PROS Plan. These projects include St. Andrew's Multi -Modal Trail, McCormick West Multi -Modal
Trail Phase 1, and McCormick West Multi -Modal Trail Phase 2; and
WHEREAS, all of these proposed improvements are eligible for park impact fee credit
pursuant to RCW 82.02.060(5) and POMC 20.182.080; and
WHEREAS, the Development Agreement is attached to this Ordinance as "Exhibit A"; and
WHEREAS, on August 26, 2022, the City's SEPA official issued a determination of non -
significance for the proposed Development Agreement and the appeal period will expire prior to
the effective date of this ordinance; and
WHEREAS, on September 13, 2022, the City Council held a duly noticed public hearing on
the proposed Development Agreement; and
WHEREAS, the City Council, after careful consideration of the Development Agreement
and all public comments and testimony, finds that the Development Agreement is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and is in the best interests of the residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this
ordinance and all "Whereas" sections of the Development Agreement as findings in support of
this ordinance.
SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to
execute the Development Agreement with McCormick Communities, LLC as provided in "Exhibit
A" of this Ordinance.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Ordinance No. 036-22
Page 3 of 3
including but not limited to the correction of scrivener's/clerical errors, references,
Ordinance numbering, section/subsection numbers, and any reference thereto.
SECTION S. Effective Date. This Ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after posting and publication as required
by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance,
as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 131" day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: September 23, 2022
EFFECTIVE DATE: September 28, 2022
DocuSigned by:
jea�t,v� P4M A,SWu,
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
EXHIBIT A: DEVELOPMENT AGREEMENT WITH MCCORMICK COMMUNITIES, LLC FOR
FUNDING PARK IMPROVEMENTS
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK
COMMUNITIES, LLC FOR THE DEVELOPMENT AND FUNDING OF
CERTAIN PARK IMPROVEMENTS AND PARK IMPACT FEE CREDITS
Contract No. 110-22
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this
26th day of September 2022, by and between the City of Port Orchard, a non -charter, optional code
Washington municipal corporation, hereinafter the "City," and McCormick Communities, LLC, a
Washington limited liability company ("McCormick"). City and McCormick are each a "Party"
and together the "Parties" to this Agreement.
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(l)); 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, McCormick has applied for a Development Agreement under Chapter 20.26
POMC on July 18, 2022 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
McCormick (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the
development of property commonly known as "McCormick West", "McCormick Woods", and
"McCormick North" which together comprise hundreds of acres of land presently or previously
owned by McCormick as depicted in Exhibits A and B (hereinafter, the "McCormick Property");
and
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 1 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
WHEREAS, many acres of the McCormick Property have received preliminary plat
approval, and other acres have received final plat approval, and McCormick has sold some of the
resulting lots to builders. This Agreement is applicable to all lots within the area depicted on
Exhibit B, which includes both McCormick's property and lots sold by McCormick to owners of
record who are builders who have authorized McCormick to act as their agent in applying for and
executing this Agreement; and
WHEREAS, McCormick along with its predecessor have been developing the McCormick
Property primarily with residential uses, including installing infrastructure of all types (hereinafter
"Development Project"); and
WHEREAS, associated with the Development Project, during an earlier phase of the
Project McCormick's predecessor donated land for a park known as the McCormick Village Park
which was transferred to City ownership in approximately 2010. McCormick's McCormick North
Property is adjacent to the McCormick Village Park which is located at 3201 SW Old Clifton Road
(Kitsap County Tax Parcel # 042301-3-012-2004) (hereinafter, the "McCormick Village Park").
As part of its continued development of the McCormick Property, McCormick will undertake
additional improvements at McCormick Village Park. These additional improvements are called
McCormick Village Park Phase 3 and such improvements are included the City's Parks Recreation
and Open Space (PROS) Plan. The Parties acknowledge that these improvements are eligible for
park impact fee credit pursuant to RCW 82.02.060(5) and POMC 20.182.080; and
WHEREAS, the portions of McCormick Village Park Phase 3 that McCormick proposes
to complete are estimated in the PROS Plan to cost $1,250,000; and
WHEREAS, the past contributions towards McCormick Village Park includes
McCormick's payment of $643,743 towards park improvements and these funds should be
credited toward payment of future parks impact fees consistent with the 2009 Interlocal Agreement
between Kitsap County and Port Orchard (C002-10) relating to Parks, Open Space and Recreation
within McCormick Urban Village and McCormick/ULID #6 Urban Growth Area; and
WHEREAS, in addition to McCormick Village Park improvements, McCormick will be
developing three (3) trail projects that will be dedicated to the public and which are part of the
City's Parks Recreation and Open Space (PROS) Plan. These projects are: St. Andrew's Multi -
Modal Trail, McCormick West Multi -Modal Trail Phase 1, and McCormick West Multi -Modal
Trail Phase 2; and
are:
WHEREAS, the draft project estimates in the PROS Plan for the trail projects listed above
St. Andrew's Multi -Modal Trail (in McCormick Woods) $ 979,012
McCormick West Multi -Modal Trail Phase 1 $1,468,518
McCormick West Multi -Modal Trail Phase 2 $ 979,012
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 2 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
WHEREAS, this Agreement governs McCormick's improvements to McCormick Village
Park, the three multi -modal trail projects, the prior parks payment, and the resulting park impact
fee credits; and
WHEREAS, except with regard to the park improvements and related park 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, regulations, and other
development agreements, as applicable; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and McCormick and include parks impact fee credits, the
Parties deem it in their best interests to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on September 13, 2022 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. 036-22, the City Council authorized
the Mayor to sign this Agreement with McCormick.
AGREEMENT:
Section 1. McCormick Property. The legal description of the McCormick Property,
which includes lots sold to builders, is depicted on Exhibit A to this Agreement which is attached
hereto and incorporated herein by this reference as if set forth in full. A map of the boundaries of
the McCormick Property is shown on Exhibit B to this Agreement which is attached hereto and
incorporated herein by this reference as if set forth in full. A map of the McCormick Village Park
Property is shown on Exhibit C to this Agreement which is attached hereto and incorporated
herein by this reference as if set forth in full. The concept drawing of the improvements to
McCormick Village Park that McCormick will undertake are shown on Exhibit D to this
Agreement which is attached hereto and incorporated herein by this reference as if set forth in full.
A map of the St. Andrew's Multi -Modal Trail is shown Exhibit E to this Agreement on which is
attached hereto and incorporated herein by this reference as if set forth in full. The planned
improvements described as the St. Andrew's Multi -Modal Trail which McCormick will undertake
are shown on Exhibit F to this Agreement which is attached hereto and incorporated herein by
this reference as if set forth in full. A map of the McCormick West Multi -Modal Trail Phases 1
and 2 is shown on Exhibit G to this Agreement which is attached hereto and incorporated herein
by this reference as if set forth in full. The planned improvements described as the McCormick
West Multi -Modal Trail Phases 1 and 2 which McCormick will undertake are shown on Exhibit
H to this Agreement which is attached hereto and incorporated herein by this reference as if set
forth in full. A list of home builders to whom McCormick has sold lots within the McCormick
Property at the time of execution of this Agreement, and who have signed agency agreements with
McCormick, is attached as Exhibit I to this Agreement and incorporated by this reference as if set
forth in full
Section 2. Park Improvements. Pursuant to this Agreement, McCormick shall be
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 3 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
responsible for the construction of the McCormick Village Park Phase 3 Improvement Project, the
St. Andrew's Multi -Modal Trail, and the McCormick West Multi -Modal Trail Phases I and 2, all
as defined herein (hereinafter "Park Improvements"). The Park Improvements shall serve both the
general public and the McCormick Property, amongst other properties within the vicinity. The
Park Improvements shall be eligible for park impact fee credits as provided in Section 11 of this
Agreement.
Section 3. 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 36.70B.200 and Chapter 20.26 POMC.
b) "City" means the City of Port Orchard.
c) "Commence construction" as to each of the Park Improvements means that the City
has issued all required permit(s) and McCormick has deployed construction equipment and
personnel to the site of the Park Improvement Project.
d) "Completion" as to each of the Park Improvements means compliance with the tasks
described in Section 9 of this Agreement.
e) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
f) "Director" means the City's Public Works Director.
g) "Effective Date" means the effective date of this Agreement, which shall be the date
upon which the last Party executes the Agreement.
h) "Maximum Park Impact Fee Credit" means the maximum amount of a credit towards
park impact fees that is eligible for Park Improvements completed under this Agreement as well
as for prior park improvements and contributions for which park impact fee credits will be
provided by the City to McCormick. The Maximum Park Impact Fee Credit shall be limited to the
total park impact fees due on the Project, the estimated cost for the Park Improvement Projects as
set forth in the CIP/PROS Plan ($5,320,285), or the actual costs incurred by McCormick (as
determined by the final certified costs), whichever amount is less.
i) "McCormick" means McCormick Communities, LLC.
j) "McCormick Successors" means the builders to whom McCormick has sold or will
sell lots within the McCormick Property.
k) "Park Improvements", "Park Improvement" or "Park Improvement Project(s)" means
the four Park Improvement Projects listed in Section 2 above. When used in plural, it refers to two
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 4 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
or more of the individual projects, when used singular, it refers to one of the four specific projects.
Park Improvements shall be as specified in Section 2, 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.
1) "Parks, Recreation and Open Space Plan" or "PROS Plan" is the Parks, Recreation and
Open Space Plan adopted by the Port Orchard City Council.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a)
Exhibit A
— Legal Description of the McCormick Property.
b)
Exhibit B
— Map of the McCormick Property which defines the area where
park impact fee credits may be applied.
c)
Exhibit C
— Map of McCormick Village Park Property.
d)
Exhibit D
— McCormick Village Park Improvement Project Conceptual Drawing.
e)
Exhibit E
— Map of St. Andrew's Multi -Modal Trail.
f)
Exhibit F
— St. Andrew's Multi -Modal Trail Project Trail Sections.
g)
Exhibit G
— Map of McCormick West Multi -Modal Trail Phases 1 and 2
h)
Exhibit H
— McCormick West Multi -Modal Trail Phases 1 and 2 Trail Sections.
i)
Exhibit I —
List of McCormick Successors to whom lots have been sold and who
have signed agency agreements with McCormick.
Section 5. 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) "McCormick" or "McCormick Communities, LLC" is a private enterprise which
owns the majority of the McCormick Property in fee, and whose principal office is located at 12332
NE 115th Place, Kirkland, WA 98033.
c) "McCormick Successors" are builders to whom McCormick has sold or will sell
lots within the McCormick Property. McCormick is executing this Agreement on behalf of itself
and the McCormick Successors to whom lots have been sold at the time of execution of this
Agreement, for whom McCormick is serving as agent and has provided the agency agreements to
the City. A list of McCormick Successors who have signed agency agreements appointing
McCormick to act as their agent for this Agreement is attached to this Agreement as Exhibit I and
incorporated herein by this reference as if set forth in full.
The McCormick Successors are eligible for impact fee credits under the terms of this Agreement,
provided adequate credit exists when these property owners, or their successors or assigns, apply
for permits and are assessed Park Impact Fees.
Section 6. Park Improvements are System Improvements that will be Dedicated to
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 5 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
the City upon Completion. It is agreed among the Parties that the Park Improvements described
in this Agreement are system improvements for which credits are required pursuant to RCW
82.02.060(5), provided that the City has no interest in these system improvements until such time
as each improvement is completed and dedicated to the City as provided in this Agreement.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of this Agreement and shall continue in force for a period of twenty (20) 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 8. Project Schedule. Subject to the City's issuance of all necessary permits and
approvals, McCormick will commence construction of each Park Improvement on the following
schedule:
a) McCormick Village Park Phase 3:
i. The McCormick Village Park Improvement Project requires a minimum of two
permits: (a) Land Disturbing Activity Permit ("LDAP"); and (b) Right of Way
Permit ("ROW Permit") (collectively, the "McCormick Village Park
Improvement Permits"). Prior to applying for the necessary permits,
McCormick shall obtain the Director's approval of a concept level plan for the
McCormick Village Park Improvement Project that is consistent with Exhibits
C and D.
ii. Upon issuance of the McCormick Village Park Improvement Permits,
McCormick shall commence construction of the McCormick Village Park
Improvement Project within one hundred and eighty (180) days and proceed in
a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for
construction sequencing and phasing.
iii. McCormick shall complete the McCormick Village Park Improvement Project
no later than October 1, 2026, provided that McCormick is not responsible for
delay attributable to the City.
b) St. Andrew's Multi -Modal Trail:
The St. Andrew's Multi -Modal Trail Park Improvement Project requires a
minimum of two permits: (a) Land Disturbing Activity Permit ("LDAP"); and (b)
Right of Way Permit ("ROW Permit") (collectively, the "St. Andrew's Trail Park
Improvement Permits"). Prior to applying for the necessary permits, McCormick
shall obtain the Director's approval of a concept level plan for the St. Andrew's
Trail Park Improvement Project that is consistent with Exhibits E and F.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 6 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
ii. Upon issuance of the St. Andrew's Trail Park Improvement Permits, McCormick
shall commence construction of the St. Andrew's Trail Park Improvement Project
within one hundred and eighty (180) days and proceed in a timely and workmanlike
fashion through completion, provided however, McCormick shall be solely
responsible for the means and methods for construction sequencing and phasing.
iii. McCormick shall complete the St. Andrew's Trail Park Improvement Project no
later than January 2, 2033.
c) McCormick West Multi -Modal Trail Phase 1:
The McCormick West Multi -Modal Trail Phase 1 Park Improvement Project
requires a minimum of two permits: (a) Land Disturbing Activity Permit
("LDAP"); and (b) Right of Way Permit ("ROW Permit") (collectively, the
"McCormick West Phase 1 Trail Park Improvement Permits"). Prior to applying
for the necessary permits, McCormick shall obtain the Director's approval of a
concept level plan for the McCormick West Phase 1 Trail Park Improvement
Project that is consistent with Exhibits G and H.
ii. Upon issuance of the McCormick West Phase 1 Trail Park Improvement Permits,
McCormick shall commence construction of the McCormick West Phase 1 Trail
Park Improvement Project within one hundred and eighty (180) days and proceed
in a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for construction
sequencing and phasing.
iii. McCormick shall complete the McCormick West Phase 1 Trail Park Improvement
Project no later than March 15, 2023.
d) McCormick West Multi -Modal Trail Phase 2:
The McCormick West Multi -Modal Trail Phase 2 Park Improvement Project
requires a minimum of two permits: (a) Land Disturbing Activity Permit
("LDAP"); and (b) Right of Way Permit ("ROW Permit") (collectively, the
"McCormick West Phase 2 Trail Park Improvement Permits"). Prior to applying
for the necessary permits, McCormick shall obtain the Director's approval of a
concept level plan for the McCormick West Phase 2 Trail Park Improvement
Project that is consistent with Exhibits I and J.
ii. Upon issuance of the McCormick West Phase 2 Trail Park Improvement Permits,
McCormick shall commence construction of the McCormick West Phase 2 Trail
Park Improvement Project within one hundred and eighty (180) days and proceed
in a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for construction
sequencing and phasing. Such construction phasing may include two separate
phases of completion.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 7 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
iii. McCormick shall complete the McCormick West Phase 2 Trail Park Improvement
Project no later than January 2, 2033.
Section 9. Park Improvement Project standards applicable to all Park Improvements.
a) General. McCormick will design and construct each of the Park Improvement Projects to
comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The applicable "City standards" include
the applicable exhibits attached to this Agreement, the McCormick Village Park Master
Plan, the City's PROS plan, as well as the applicable City codes which are in effect at the
time of application. The City will approve the plans before construction begins; and the
City will accept responsibility for the operation of each of the Park Improvement Projects
once each is completed, the applicable Park Improvement Project has been accepted, and
a two-year warranty and maintenance bond is in place. A Park Improvement 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. McCormick has put a 2-year warranty and maintenance bond in place;
5. McCormick has completed all necessary property dedications;
6. The City has accepted the dedications, such approval not to be unreasonably
withheld or conditioned; and
7. McCormick has provided the City with a Bill of Sale for the improvements
containing the certified construction costs (stamped by licensed engineer) to the
City for determination of the maximum credits available under this Agreement.
The City will confirm completeness of each Park Improvement Project by issuing a Final
Notice of Completeness to McCormick.
b) Park Improvement Project. Each Park Improvement Project will include design,
permitting, and construction at McCormick's sole cost and expense of all or a portion of
the Park Improvement Project as identified in the PROS Plan 2022-2043 CIP. For the
McCormick Village Park Phase 3 Improvement Project (Project PK9), McCormick will
construct certain components of Project PK9, specifically the following components: entry
plaza, trail and frontage improvements, and parking on McCormick Village Drive. For the
three Multi -Modal Trails Projects (TR11 St. Andrews, TR12 McCormick West Trails
Phases 1 and 2), McCormick will be constructing all of the components contained in the
PROS Plan 2022-2043 CIP description.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 8 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Each Improvement Project shall meet the City standards for park development and shall
provide the components that are described in Exhibits applicable to each project, with such
conditions as the City deems applicable and appropriate in the applicable approved Park
Improvement Permits; provided, however, the City shall not add conditions to the Park
Improvement Projects that are inconsistent with the exhibits describing the applicable Park
Improvement Project unless agreed by both Parties.
c) Each Park Improvement Project construction work shall be secured by a Performance Bond
at 150% of the estimated construction cost, except as otherwise provided in Section 1 Lc
below. The Performance Bond shall be in place prior to McCormick commencing work on
each Park Improvement Project. Prior to City acceptance, the construction of the Park
Improvement Project shall be inspected by the City, approval of which shall not be
unreasonably withheld. In addition to the requirements in Section 9.a above, the City's
final approval of each Park Improvement Project shall be conditioned upon receipt from
McCormick 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 Park Improvement Project, except for those maintenance obligations of McCormick
secured by the two-year Maintenance Bond. Upon the City's acceptance of the Park
Improvement Project, McCormick shall not be responsible for any further costs,
maintenance or liability for the Park Improvement Project. This provision survives the
Termination of this Agreement.
Section 10. Park Improvement Projects — Costs and Credits.
a) The Maximum Park Impact Fee Credit for the Park Improvement Projects to be built
by McCormick under this Agreement shall be limited to the total park impact fees due
on the Project, the estimated cost for the Park Improvement Projects as set forth in the
CIP/PROS Plan ($5,320,285), or the actual costs incurred by McCormick ("certified
costs"), whichever amount is less. The "actual costs" incurred by McCormick will be
equal to the certified costs for each such Park Improvement Project and may include
the costs for bonding. The credits provided under Section I I below are limited to this
Maximum Park Impact Fee Credit. Once the Maximum Park Impact Fee Credit has
been achieved through credits applied to McCormick for the Development Project,
McCormick would be required to comply with the impact fee provisions of the Code
for any further development of the McCormick Property that requires payment of park
impact fees, including payment of any park impact fees incurred over and above the
Maximum Park Impact Fee Credit.
b) At the time of this Agreement, the Parties agree that estimated the Maximum Park
Impact Fee Credit is:
Project Name Maximum Project Amount
Lump Sum Credit per KC/PO ILA $ 643,743.00
McCormick Village Park Phase 3 $ 1,250,000.00
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 9 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
St. Andrews Multi -Modal Trail $ 979,012.00
McCormick West Multi -Modal Trail Phase 1 $1,468,518.00
McCormick West Multi -Modal Trail Phase 2 $ 979,012.00
Subtotal Estimated Max Park Project Credit $5,320,285.00
c) At the time of this Agreement, the Parties Agree the estimated Maximum Park Impact
Fee Credit per Dwelling Unit is $2,008.00. This is calculated by taking the Estimated
Maximum Park Impact Fee Credit ($5,320,285) and dividing it by 2,650 dwelling units.
If a future City Council adopts a park impact fee that is equal to or less than the
Maximum Park Impact Fee Credit per Dwelling Unit amount, then the Maximum Park
Impact Fee Credit per Dwelling Unit shall be reduced to equal no more than 90 percent
of the then -park impact fee amount. In such case, park impact fee credits may extend
beyond 2,650 units until the Maximum Park Impact Fee Credit is exhausted or this
Agreement expires, whichever happens first.
d) The per Dwelling Unit calculation of impact fees is based on housing types as set forth
in the City's adopted park impact fee schedule, as it may be amended from time to time.
However, McCormick has proposed to build some non-traditional housing types which
do not currently have a fixed parks impact fee rate. These non-traditional housing types
may include Paseo Homes (cluster cottage type housing) as well as Small House (small
footprint single family homes) with accessory dwelling units (ADU). For the Paseo
homes, the maximum square footage for purpose of this section for each unit is 1,250
SF. For Small House with ADU, the maximum square footage for the purposes of this
section is 1,850 SF for the Small House and 1,000 SF, not including any attached
garage, for the ADU. For purposes of calculating applicable parks impact fees, the
Parties agree that if constructed as described herein, the Paseo Homes will have park
impact fees calculated based on an assumed persons per household occupancy of 2.01
and the Small House with ADU will have park impact fees calculated based on an
assumed persons per household occupancy of 2.05 per unit (i.e., 2.05 for the house,
2.05 for the ADU) or 4.1 for both. Units that exceed the limitations of this section shall
be treated as single family dwelling units or the most applicable similar dwelling unit
type adopted by the City.
Section 11. Park Impact Fee Credits. The City hereby grants McCormick a credit against
park impact fees for its costs to design and construct the Park Improvement Projects. The credits
will be calculated and applied as follows:
a) Application of Park Impact Fee Credits. Park Impact Fee Credits will be applied up to
the Maximum Park Impact Fee Credit value for the 20-year term described in Section
7, or until the Maximum Park Impact Fee Credit is fully exhausted, whichever occurs
first. If there is not enough park impact fee credit remaining to provide the full
$2,008.00 credit, then the City will only provide a partial (or no) credit depending on
the Maximum Park Impact Fee Credit value remaining. The credits will be applied per
dwelling unit in the McCormick Property boundaries as shown on Exhibit B. The
Maximum Park Impact Fee Credit per Dwelling Unit will be $2,008.00 per dwelling
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 10 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
unit, however, in no case shall the total of the park impact fee credits exceed the total
of park impact fees due.
The Maximum Park Impact Fee Credit hereunder is an estimate only based on the
CIP/PROS Plan project cost estimates of the components constructed by McCormick.
The Parties will determine the final Maximum Park Impact Fee Credit in accordance
with the certification procedures set forth in Section 12. If the certified costs are less
than $5,320,285, then the fixed credit in the amount of $2,008.00 per dwelling unit will
still be applied but only to the extent needed to capture the Maximum Park Impact Fee
Credit, i.e., the total credits provided will never exceed the certified project costs or the
Maximum Park Impact Fee Credit, whichever is less. This means that some of the 2,650
estimated dwelling units may receive partial or no park impact fee credit so that the
total credits provided will never exceed either the certified project costs or Maximum
Park Impact Fee Credit, whichever is less.
b) The City agrees that these credits are consistent with RCW 82.02.060(5) and that they
are consistent with POMC 20.182.080.
c) Given that McCormick already has a credit in the amount of $643,743, the issuance of
the park impact fee credits may begin upon the effective date of this Agreement.
Provided, however, that when the total park impact fee credits issued under this
Agreement exceed $500,000 and/or are otherwise within $150,000 of the credits then -
earned by McCormick (i.e., by completion of one or more Park Improvement Projects
or posting of performance bonds), the City may suspend issuing credits until such time
as McCormick either posts the required performance bond (to be approved by the City)
or substantially completes one or more Park Improvement Projects thus increasing the
"credits earned" to more than $150,000 over the amount of the credits issued by the
City. This right to suspend credits will terminate once all Park Improvement Projects
set forth in this Agreement are completed. McCormick agrees that the City's
suspension of issuance of credits consistent with the terms hereunder shall neither
create a basis for appeal of any permit nor create any right of action against the City
for such suspension.
Section 12. Certification of Project Costs. Upon completion of each of the McCormick
Park Improvement Projects as described in Section 9 above, McCormick shall submit certified
project costs to the City for review and acceptance by the City Engineer. Once these costs and the
executed Bill of Sale are reviewed and accepted by the City Engineer, not to be unreasonably
withheld, conditioned, or delayed, the Maximum Park Impact Fee Credit due to McCormick for
that Park Improvement Project will be established for the duration of this Agreement. When all
Park Improvement Projects are completed and the costs have been certified, then the Maximum
Park Impact Fee Credit will be fully established under this Agreement. The Maximum Park Impact
Fee Credit will equal the amount so certified, or a lessor amount in accordance with Section 10.a.
If the Maximum Park Impact Fee Credit due is less than the certified project costs of the
McCormick Village Park Project, then the City will continue to apply the $2,008.00 credit until
the Maximum Park Impact Fee Credit is reached, or this Agreement expires, whichever occurs
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 11 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
first. McCormick acknowledges, accepts and agrees that this may result in some of the 2,650
dwelling units within McCormick Property (Exhibit B) receiving no (or only a partial) park impact
fee credit as the full reimbursement of the Maximum Impact Fee Credit is reached.
Section 13. Dedication of Public Lands; Valuation. McCormick shall dedicate the land
that it owns that is needed to construct each of the Park Improvement Projects as defined in
Exhibits C — J, provided, however, McCormick shall be able to include the fair market value of
such dedications into the project costs for certification as provided in this Agreement up to the
maximum credit amount. Any dedications needed to construct the McCormick Park Improvement
Projects shall be completed prior to the City's acceptance of the applicable Park Improvement
Project.
The Parties will determine the fair market value of any dedication of property as follows:
McCormick will hire a certified property appraiser, pay for the appraisal, and provide a copy of
that appraisal report to the City. The City shall use its best efforts to review the appraisal report
and provide a response to McCormick on the valuation within 30 days of receipt. If both the City
and McCormick agree that the appraisal is fair and reasonable, then the appraised value will be
accepted as the fair market value for any property dedications hereunder. If the City disagrees with
the appraisal, then the City may hire its own appraiser to perform a second appraisal at the
McCormick's expense. The date for valuation purposes shall be the same as used in McCormick's
appraisal. The City shall use its best efforts to obtain an appraisal report within 60 days of notice
to McCormick of its disagreement with McCormick's appraisal. If that second City -initiated
appraisal is within ten (10) percent of the value established by the first McCormick -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 option of
agreeing to a value or establishing another method to set the fair market value of the property.
Section 44. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' advance notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
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 the Code.
Section 15. Termination. This Agreement shall terminate twenty (20) years after effective
date. At either Party's request upon termination of this Agreement, the City shall record a notice
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 12 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
of such termination in a form satisfactory to the Parties that the Agreement has been terminated.
Section 16. Extension. Any request for extension shall be subject to the provisions contained
in POMC Chapter 20.26 POMC.
Section 17. Effect upon Termination on McCormick. Termination of this Agreement as to
McCormick shall not affect any of McCormick'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 Park Improvement Projects costs
being fully recovered by impact fee credit, McCormick will no longer be eligible to receive such
credits.
Section 18. Effects upon Termination on City. Upon any termination of this Agreement as
to the McCormick Property, or any portion thereof, the City will be under no obligation to provide
any additional credits or reimbursement to McCormick even if the Park Improvement Projects
costs have not been fully recovered at the time of expiration or termination.
Section 19. Assignment and Assumption. McCormick 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 that has not
been sold to McCormick Successors. If McCormick intends to sell, assign or transfer pursuant to
Section 22 below, McCormick shall provide the City with written notice of intent to do so 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 20. 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 City and McCormick,
provided that the McCormick Successors and their successors shall benefit from this Agreement
by being eligible for impact fee credit but are not required to construct the Park Improvements.
McCormick shall remain burdened by the requirement to construct the Park Improvements except
by transferring its portion of the McCormick Property and this Agreement pursuant to Section 22
below.
Section 21. 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 City and McCormick, 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
McCormick Property, or the properties owned by the McCormick Successors, in the same manner
as other properties, after the Effective Date of this Agreement.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 13 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Section 22. General release. McCormick 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 Park Improvement Projects.
Section 23. Reimbursement for Agreement Expenses of the City. McCormick agrees to
reimburse the City for actual expenses incurred over and above fees paid by McCormick as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within
application fees. Upon payment of all expenses, McCormick may request written
acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30)
days from the City's presentation of a written statement of charges to McCormick.
Section 24. 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 City and McCormick relating
to this Agreement, then these 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 McCormick 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 City and McCormick 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. 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 25. 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 26. 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 27. McCormick's Compliance. The City's duties under the Agreement are expressly
conditioned upon McCormick'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 McCormick's obligations as identified in any approval or project permit for
the property identified in this Agreement.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 14 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Section 28. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give rise 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 29. Third Party Legal Challenge. In the event the City's approval of this Agreement
is appealed under the Land Use Petition Act, Chapter 36.70C RCW, the City may elect to tender
the defense of such appeal to McCormick. In the event of such tender, McCormick shall hold the
City harmless from and defend the City from all costs and expenses incurred in the defense of such
appeal. In addition, McCormick will defend, indemnify and hold the City, its officers, officials,
employees, and volunteers harmless from any claims, injuries, damages, losses, or suits, including
attorneys' fees, arising out of. (1) the City's suspension of issuance of impact fee credits
hereinunder in accordance with Section 11, or (2) McCormick's role as agent for any other party
in negotiating, implementing or performing this Agreement.
Section 30. Specific Performance. The City and McCormick specifically agree that damages
are not an adequate remedy for breach of this Agreement, and that these Parties are entitled to
compel specific performance of all material terms of this Agreement by the Party in default hereof.
Section 31. Recording. This Agreement shall be recorded against the McCormick 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 32. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but if any provision is found to be invalid or in violation of any
statute, rule, regulation or common law, the Parties will work together in good faith to determine
which remaining provisions in the Agreement remain viable and in effect.
Section 33. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 34. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the City and McCormick in accordance with this Section.
Notices, demands, correspondence to the City and/or McCormick (as applicable) shall be
sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as
designated 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 McCormick 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. 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:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 15 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
MCCORMICK COMMUNITIES, LLC
Eric Campbell
12332 NE 1151h Place
Kirkland, WA 98033
eric(c mspgroupllc.com
Nick Tosti
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
nicktosti&gmail.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuukcityofportorchard.us
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 35. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
Section 36. Covenant of Good Faith and Cooperation. The City and McCormick 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 Party 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 as may be necessary to provide a Party with a full and complete
enjoyment of its rights and privileges under this Agreement.
Section 37. 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 38. 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 39. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
, 2022.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 16 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
McCORMICK COMMUNITIES, LLC
Its:
APPROVED AS TO FORM:
Patrick Schneider
Attorney for McCormick Communities, LLC
MCCORMICK COMMUNITIES, LLC
As Agent for McCormick Successors
Its:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 17 of 21
1652897.8 - 366922 -0045
CITY OF PORT ORCHARD
By: ;:::2
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
(xkv,Q)��k�,+-,q,,
Je i °r S. Robertson
A ney for Port Orchard
ATTEST:
ILA
l
ran y W al l ace, in C
Port Orchard City,GolS`oRro•�,, .,
•� �i
RP o RG'
oo Rq�'�"�•s
F+
SNP .0%WA
011111
Q
p NCt.�
G
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Mr. fob PutaanSlllr 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: 202R
ofi -15-,20 fdw;Q
ZZ b10TAO�,
PUBLIC
"i�
VVAS
rN 0����,
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 18 of 21
1652897.8 - 366922 -0045
(print or type name)
NOTARY PUBLIC in and for the
SIa1Q ash ington, resi ing at:
My Commission expires: L
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
NOTARY BLOCK FOR McCORMICK COMMUNITIES, LLC
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or 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 acknowledged it as the
of to be the free and voluntary act of such Party for the uses and
purposes mentioned in the instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 19 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
NOTARY BLOCK FOR McCORMICK COMMUNITIES, LLC AS AGENT FOR
McCORMICK SUCCESSORS
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or 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 acknowledged it as the agent
for the parties listed on Exhibit I to this Agreement to be the free and voluntary act of such Party
for the uses and purposes mentioned in the instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 20 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
ATTACHED EXHIBITS
Exhibit A — Legal Description of the McCormick Property.
Exhibit B — Map of the McCormick Property which defines the area where park impact fee
credits may be applied.
Exhibit C — Map of McCormick Village Park Property.
Exhibit D — McCormick Village Park Improvement Project Conceptual Plan.
Exhibit E — Map of St. Andrew's Multi -Modal Trail.
Exhibit F — St. Andrew's Multi -Modal Trail Project, including components.
Exhibit G — Map of McCormick West Multi -Modal Trail Phases 1 and 2.
Exhibit H — McCormick West Multi -Modal Trail Phases 1 and 2 Trail Sections.
Exhibit I — List of McCormick Successors to whom lots have been sold and who have signed
agency agreements with McCormick.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 21 of 21
1652897.8 - 366922 -0045
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit A
Legal Descriptions And Parcel Numbers
PARCELS 1-8 ARE LOCATED IN MCCORMICK NORTH
PARCELI:
RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S
FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76, 77 AND 78, RECORDS OF KITSAP
COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON.
APN: 042301-3-01 1-2005
PARCEL 2:
TRACTS FD-1, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5 695-000-080-0002
PARCEL 3:
TRACT FD-2, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-081-0001
PARCEL 4:
TRACT FD-3, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-082-0000
PARCEL 5:
TRACT FD-4, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-083-0009
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 6:
TRACT FD-5, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-084-0008
PARCEL 7:
LOTS 1 THROUGH 21, INCLUSIVE, AND 50 THROUGH 66, INCLUSIVE, MCCORMICK WOODS NORTH
PHASE III, DIVISION 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS,
PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5695-000-001-0008, 5695-000-002-0007, 5695-000-003-0006, 5695-000-004-0005, 5695-000-005-0004,
5695-000-006-0003, 5695-000-007-0002, 5695-000-008-0001, 5695-000-009-0000, 5695-000-010-0007,
5695-000-011-0006, 5695-000-012-0005, 5695-000-013-0004, 5695-000-014-0003, 5695-000-015-0002,
5695-000-016-0001, 5695-000-017-0000, 5695-000-018-0009, 5695-000-019-0008, 5695-000-020-0005,
5695-000-021-0004, 5695-000-050-0008, 5695-000-051-0007, 5695-000-052-0006, 5695-000-053-0005,
5695-000-054-0004, 5695-000-055-0003, 5695-000-056-0002, 5695-000-057-0001, 5695-000-058-0000,
5695-000-059-0009, 5695-000-060-0006, 5695-000-061-0005, 5695-000-062-0004, 5695-000-063-0003,
5695-000-064-0002, 5695-000-065-0001, 5695-000-066-0000
PARCEL 8:
LOTS 22 THROUGH 49, INCLUSIVE, MCCORMICK WOODS NORTH PHASE III, DIVISION 2,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH
207, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5695-000-022-0003, 5695-000-023-0002, 5695-000-024-0001, 5695-000-025-0000, 5695-000-026-0009,
5695-000-027-0008, 5695-000-028-0007, 5695-000-029-0006, 5695-000-030-0003, 5695-000-031-0002,
5695-000-032-0001, 5695-000-033-0000, 5695-000-034-0009, 5695-000-035-0008, 5695-000-036-0007,
5695-000-037-0006, 5695-000-038-0005, 5695-000-039-0004, 5695-000-040-0001, 5695-000-041-0000,
5695-000-042-0009, 5695-000-043-0008, 5695-000-044-0007, 5695-000-045-0006, 5695-000-046-0005,
5695-000-047-0004, 5695-000-048-0003, 5695-000-049-0002
PARCELS 9-27 ARE LOCATED IN MCCORMICK WEST
PARCEL 9:
RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.
202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067,
IN VOLUME 92 OF SURVEYS, PAGES 244 THROUGH 247, RECORDS OF KITSAP COUNTY,
WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON.
APN: 0 823 01-2-005 -2001
PARCEL 10:
RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.
202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067,
IN VOLUME 92 OF SURVEYS, PAGES 244 THROUGH 247, RECORDS OF KITSAP COUNTY,
WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER AND A PORTION OF THE
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP
COUNTY, WASHINGTON.
APN: 082301-3-001-2003
PARCEL 11:
PARCEL 1 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-002-2003
PARCEL 12:
PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 1723 01-2-003 -2002
PARCEL 13:
PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-004-2001
PARCEL 14:
PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-005-2000
PARCEL 15:
PARCEL 5 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-006-2009
PARCEL 16:
PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-007-2008
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 17:
PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-3-004-2009
PARCEL 18:
TRACT IA (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-134-0007
PARCEL 19:
TRACT 1B (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-135-0006
PARCEL 20:
TRACT I (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-140-0009
PARCEL 21:
TRACT 1S (FUTURE DEVELOPMENT)„ MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN: 5696-000-150-0006
PARCEL 22:
TRACT 1T (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGE(S) 234-244, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON.
APN: 5696-000-151-0005
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 23:
LOTS 1 THROUGH 51, INCLUSIVE, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN:
5696-000-001-0007, 5696-000-002-0006, 5696-000-003-0005, 5696-000-004-0004, 5696-000-005-0003,
5696-000-006-0002, 5696-000-007-0001, 5696-000-008-0000, 5696-000-009-0009, 5696-000-010-0006,
5696-000-011-0005, 5696-000-012-0004, 5696-000-013-0003, 5696-000-014-0002, 5696-000-015-0001,
5696-000-016-0000, 5696-000-017-0009, 5696-000-018-0008, 5696-000-019-0007, 5696-000-020-0004,
5696-000-021-0003, 5696-000-022-0002, 5696-000-023-0001, 5696-000-024-0000, 5696-000-025-0009,
5696-000-026-0008, 5696-000-027-0007, 5696-000-028-0006, 5696-000-029-0005, 5696-000-030-0002,
5696-000-031-0001, 5696-000-032-0000, 5696-000-033-0009, 5696-000-034-0008, 5696-000-035-0007,
5696-000-036-0006, 5696-000-037-0005, 5696-000-038-0004, 5696-000-039-0003, 5696-000-040-0000,
5696-000-041-0009, 5696-000-042-0008, 5696-000-043-0007, 5696-000-044-0006, 5696-000-045-0005,
5696-000-046-0004, 5696-000-047-0003, 5696-000-048-0002, 5696-000-049-0001, 5696-000-050-0007,
5696-000-051-0006
PARCEL 24:
LOTS 52 THROUGH 59, INCLUSIVE, AND 94 THROUGH 99, INCLUSIVE, MCCORMICK WEST DIVISION
11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234
THROUGH 244, INCLUSIVE, AN AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223,
INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5696-000-052-0005, 5696-000-053-0004, 5696-000-054-0003, 5696-000-055-0002, 5696-000-056-0001,
5696-000-057-0000, 5696-000-058-0009, 5696-000-059-0008, 5696-000-094-0005, 5696-000-095-0004,
5696-000-096-0003, 5696-000-097-0002, 5696-000-098-0001, 5696-000-099-0000
PARCEL 25:
LOTS 100 THROUGH 133, INCLUSIVE, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN:
5696-000-100-0007, 5696-000-101-0006, 5696-000-102-0005, 5696-000-103-0004, 5696-000-104-0003,
5696-000-105-0002, 5696-000-106-0001, 5696-000-107-0000, 5696-000-108-0009, 5696-000-109-0008,
5696-000-110-0005, 5696-000-111-0004, 5696-000-112-0003, 5696-000-113-0002, 5696-000-114-0001,
5696-000-115-0000, 5696-000-116-0009, 5696-000-117-0008, 5696-000-118-0007, 5696-000-119-0006,
5696-000-120-0003, 5696-000-121-0002, 5696-000-122-0001, 5696-000-123-0000, 5696-000-124-0009,
5696-000-125-0008, 5696-000-126-0007, 5696-000-127-0006, 5696-000-128-0005, 5696-000-129-0004,
5696-000-130-0001, 5696-000-131-0000, 5696-000-132-0009, 5696-000-133-0008
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 26:
LOTS 60 THROUGH 93, INCLUSIVE, MCCORMICK WEST DIVISION 12, PHASE 1, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 36 OF PLATS, PAGES 37 THROUGH 41, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5704-000-060-0005, 5704-000-061-0004, 5704-000-062-0003, 5704-000-063-0002, 5704-000-064-0001,
5704-000-065-0000, 5704-000-066-0009, 5704-000-067-0008, 5704-000-068-0007, 5704-000-069-0006,
5704-000-070-0003, 5704-000-071-0002, 5704-000-072-0001, 5704-000-073-0000, 5704-000-074-0009,
5704-000-075-0008, 5704-000-076-0007, 5704-000-077-0006, 5704-000-078-0005, 5704-000-079-0004,
5704-000-080-0001, 5704-000-081-0000, 5704-000-082-0009, 5704-000-083-0008, 5704-000-084-0007,
5704-000-085-0006, 5704-000-086-0005, 5704-000-087-0004, 5704-000-088-0003, 5704-000-089-0002,
5704-000-090-0009, 5704-000-091-0008, 5704-000-092-0007, 5704-000-093-0006
PARCELS 28-40 ARE LOCATED IN MCCORMICK WOODS
PARCEL 28:
PARCEL 1 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-019-2007
PARCEL 29:
PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-020-2004
PARCEL 30:
PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-021-2003
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 31:
PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION
9 AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 0923 01-4-002-2009
PARCEL 32:
PARCEL 5 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S FILE NO.
200902050056.
APN: 0923 01-4-003 -2008
PARCEL 33:
PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHEAST AND THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 092301-4-004-2007
PARCEL 34:
PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON.
APN: 092301-1-005-2002
PARCEL 35:
PARCEL 10 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 092301-4-005-2006
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
PARCEL 36:
RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S
FILE NO. 200811100041, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON; AND A PORTION OF TRACT "E" OF MCCORMICK
WOODS DIVISION 10, RECORDED IN VOLUME 29 OF PLATS, PAGE(S) 120 THROUGH 131,
INCLUSIVE, IN KITSAP COUNTY, WASHINGTON.
APN: 092301-1-009-2008
PARCEL 37:
TRACT "C" OF SECOND AMENDED PLAT OF MCCORMICK WOODS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGE(S) 189 THROUGH 196, INCLUSIVE, IN
KITSAP COUNTY, WASHINGTON.
APN: 6031-000-131-0002
PARCEL 38:
TRACT U (FUTURE DEVELOPMENT), ELDON TRAILS DIVISION 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 34 OF PLATS, PAGES 130 THROUGH 138, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5 5 52-0000-045-0008
PARCEL 39:
TRACT D (FUTURE DEVELOPMENT), AMHERST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 35 OF PLATS, PAGES 174 THROUGH 179, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5686-000-057-0002
PARCEL 40:
TRACT E (OPEN SPACE OR FUTURE DEVELOPMENT), AMHERST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 174 THROUGH 179, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5686-000-058-0001
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit B
Areas Subject to Fee Credit
Le end
McCormick North
McCormick West
•........................�
North
...........................
...........................
West
McCormick Woods
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit C
McCormick Village Park Site
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit D
Proposed McCormick Village
Park Improvements
It
i
i
i
I
r
1
rr
atormwaler t
del9ntlon
pond
� 4
r 414�rn9
New park entrance
and trail section
i
5[76p BilS iO rL r r
Ci,tl�6 r I
Multi Modal trail
r � ,
�,• r r X�,
r
New park entrance rr
and trail section .'
h r
r r ` lfr
,, r
Park Parking `{
no.,� A_ — _ ,t
5. ♦ r r
playgrou na--` r'J� , 4r
474
r Cr '•ti • 51on1ry
Community
meadow r 1 r
.b
r jj r r
h,lf
. wen-c sheltgr l
pi aygrouod
r l
1 l "iY ��estrdom r �1 r
9fllty `entry sign
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit E
St Andrews multi modal trail
New St Andrews extension with multi modal trail
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit F
St Andrews Trail Sections
GUARDRAIL AS REQUIRED, OR
OTHER APPROVED SYSTEM
STD C&G
(TYP)
11' DRIVE LANE 11' DRIVE LANE 0' MULTI MODAL
TRAIL
3' MIN
BUFFER
60' ROW
1' "1' nRIVE L 10' MULTI MODAL
6' MIN TRAIL
BUFFER
W SHOULDER
(1) DRAINAGE CONDITIONS MAY VARY AND INCLUDE PIPED CONVEYANCE ON ONE SIDE OR BOTH SIDES OF THE
STREET. ROAD MAY BE CROWNED OR SUPERELEVATED TO REFLECT DRAINAGE CONDITIONS-
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit G and I
McCormick West multi modal trails
uo ��
Old Clifton Rd�
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit H and J
McCormick West multi modal trail section
w
0
J
Z)
O
2
v
DocuSign Envelope ID: B3DE9C78-78B6-4D42-A513-D378938CD3CD
Exhibit K
McCormick Successors
Century Communities of Washington LLC
20000 N Creek Parkway, Suite 201
Bothell WA 98011
Mainvue WA LLC
121 311 Avenue,
Kirkland WA 98033
Tri Pointe Homes Washington, Inc.
15900 SE Eastgate Way, Suite 300
Bellevue, WA 98008
Pulte Homes of Washington, Inc.
3535 Factoria Boulevard SE,
Bellevue WA 98006