DA - JL Group LLC - Tree Preservation 9-1-2023(10732603.1) - website posting[PROPOSED] DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND JL GROUP, LLC FOR
THE DEVELOPMENT OF A MEDICAL OFFICE, PROTECTION OF A SIGNIFICANT
TREE, DEDICATION OF RIGHT OF WAY; AND RELIEF FROM DESIGN
STANDARDS
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
, 2023, by and between the City of Port Orchard, a non -charter, optional
code Washington municipal corporation, hereinafter the "City," and JL Group, LLC, a Washington
limited liability company, hereinafter the "Developer" (individually, a "Party" and collectively,
the "Parties"). The Parties hereby agree as follows:
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control of
real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable
development regulations adopted by a local government planning under chapter 36.70A RCW
(RCW 36.70B.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
("POMC" or "Code") which establishes the standards and procedures for Development
Agreements in Port Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, the Developer has applied for a Development Agreement under Chapter
20.26 POMC on October 3, 2023 and such Agreement has been processed consistently with the
POMC and State law; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
the Developer (hereinafter the "Development Agreement" or "Agreement"), relates primarily to
the development of property owned by Developer at 791 Mitchell Avenue, Port Orchard,
Washington (Kitsap County Tax Parcels 252401-3-007-2005 and 252401-3-008-2004 (hereinafter,
the "Property")); and
WHEREAS, the Developer proposes to develop the Property with an orthodontist office
in a new building measuring 4,950 square feet with required off-street parking, landscaping, and
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associated site improvements (collectively, the "Development Project" or City Permit Nos. No.
PW23-033, PW23-034, and PW23-035; and
WHEREAS, the Property contains a very large approximately 100-year-old redwood tree
at the south-west corner of the Property with the tree measuring about 96 inches in diameter; and
WHEREAS, the official zoning map of the City, adopted by Ordinance 012-23, shows the
zoning designation for Kitsap County Tax Parcel 252401-3-007-2005 to be Commercial Mixed
Use (CMU); and
WHEREAS, in Port Orchard Municipal Code Chapter 20.39 for the CMU zone, the
proposed use, an orthodontist office ("All Medical, Except as listed below"), requires a conditional
use permit; and
WHEREAS, Consistent with POMC 20.39, the Developer filed an application for a
Conditional Use Permit on May, 11, 2023 to develop a building on the Property to contain an
Orthodontist Office; and
WHEREAS, the application of the City's development regulations requires maximum
building setback in accordance with POMC 20.35.030 Commercial Mixed -Use Zone, requires
compliance with a minimum build -to zone along the primary street (Mitchell Ave) in POMC
20.35.030 and 20.40.030, and requires a landscape setback in accordance with the block frontage
standards in POMC 20.127.130; and
WHEREAS, taken together, the requirements of POMC 20.35.030, 20.40.030, and 20.40
results in a site design that encroaches on the drip line and root protection area of the significant
redwood tree located at the SW corner of the property and which necessitate removal of the
significant redwood tree; and
WHEREAS, upon issuance of a notice of application for a conditional use permit for the
development of the Property, there were more than 20 public comments and a signed petition
containing 248 signatures submitted to the City calling for the protection of the large redwood tree
located on the site and these comments and petitions are attached to this Agreement as Exhibit C;
and
WHEREAS, the benefits of retaining significant trees, as echoed in the comments and
petition attached as Exhibit C, include:
Aesthetic benefits in the beauty and majesty of this significant tree;
Cleaner air and water;
Maintaining significant tree canopy;
Climate Impacts;
Benefits for animals by providing habitat;
Shade and reducing "heat island" in areas where there is significant development;
and
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WHEREAS, Port Orchard Municipal Code chapter 20.129 Significant Trees provides a
framework that encourages the protection of significant trees; and
WHEREAS, the City's development regulations do not provide flexibility in design
standards as a mechanism to protect significant trees; and
WHEREAS, the Developer approached the City seeking to find design solutions that
would result in the protection of the significant redwood tree on the Property, is willing to dedicate
property to relocate an existing road to avoid further impacts to the tree as part of improvements
to the road, and has offered to redesign their proposed site plan to protect and avoid the tree; and
WHEREAS, through the redesign effort, it was determined that departures from the City's
design standards were required if the Development Project was to avoid encroaching on the drip
line and root protection area for the significant tree;
WHEREAS, POMC 20.26.020, allows a development agreement to impose different
standards from those found in POMC 20.35, 20.39, 20.40, and 20.127 to encourage innovative
land use management and to provide flexibility provided that the development standard is
consistent with the comprehensive plan; and
WHEREAS, the Developer has prepared a superior site plan for their Development Project
that results in the protection of the significant redwood tree, but requires departures from POMC
20.35, 20.39, 20.40, and 20.127; and
WHEREAS, the City's comprehensive plan, in the Elements, Goals, and Policies below
calls for both the inclusion of trees and landscaping in commercial areas and for high quality
pedestrian oriented design, objectives that are in conflict on this site:
Land Use Element:
Policy LU-3 Update and establish building and site design standards that support
an attractive and functional built environment in all areas of the City.
Policy LU-25 Incorporate the following principles in planning for commercial
areas:
Create lively and attractive places at a human scale.
Promote a street pattern that provides through connections, pedestrian and
vehicular access.
Establish urban and architectural design standards that support an attractive
and functional pedestrian environment, such as block size limits and
requiring street facing windows and doors.
Encourage pedestrian travel to and within commercial areas by providing:
Safe and attractive walkways.
Parking lot design that provides safe walking routes and pedestrian
connections between adjacent properties.
Off-street surface parking to the backs or sides of buildings to maximize
pedestrian access from the sidewalk(s).
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Parks Element:
Goal 3: To provide open space or natural landscaping throughout the City limits.
PK-13 Zoning ordinances shall identify and preserve open space areas. Policy
PK-14 Landscaping, such as trees and shrubbery, should be included in the
commercial areas of the City.
PK-33 Buffers and open space should be a required design element in new
developments.
WHEREAS, the City Council finds that the alternative site plan proposed by the
Developer is innovative, equal or better than the outcome that would result if the City's
development standards had been strictly followed, and is consistent with the City's Comprehensive
Plan; and
WHEREAS, the City Council finds that the alternative site plan provides public benefits
including the protection of a significant redwood tree and the dedication and reconstruction of a
public road in a way that avoids impacting the significant redwood tree; and
WHEREAS, except with regard to the departures from POMC 20.35, 20.39, 20.40, and
20.127 as described herein, this Agreement does not establish or modify the standards or
conditions for the underlying Development Project which is being undertaken in accordance with
applicable code and regulations; and
WHEREAS, in accordance with POMC 20.26.010 and RCW 36.70B.170, the City
Council has the authority to determine the permitted use of the Property by use of a development
agreement, therefore, approval of this Agreement abrogates the Developer's need for a Conditional
Use Permit; and
WHEREAS, on August 14, 2020, under RCW 43.21C.440, the City issued a SEPA
Determination of Significance (DS) for the Downtown Port Orchard Subarea Plan and updated
regulations as a Planned Action. On April 26, 2021, the City issued a Final Environmental Impact
Statement (FEIS) for the Subarea Plan and updated regulations. This FEIS adequately addresses
the significant impacts of the updated Subarea Plan and regulations as well as implementation of
development projects within the subarea. On June 25, 2021, the City adopted Ordinance No. 031-
21 establishing a planned action designation for the Downtown Port Orchard Subarea Plan and
updated regulations as a Planned Action. Consistent with RCW 43.21C.440(1)(b)(i), the Planned
Action is in conjunction with a subarea plan adopted under Chapter 36.70A RCW and has had its
significant impacts adequately addressed by an EIS under the requirements of SEPA, Chapter
43.21C RCW; and
WHEREAS, the City reviewed an environmental checklist submitted with the
development agreement application. The development agreement application and subsequent
related permits are determined to qualify under Planned Action under Ordinance 031-21 and shall
proceed in accordance with the applicable permit review procedures specified in POMC Chapter
20.22, except that no SEPA threshold determination, EIS or additional SEPA review shall be
required; and
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WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Developer, the Parties deem it in their best interests
to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on [Date] regarding this Agreement;
and
WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized
the Mayor to sign this Agreement with the Developer.
AGREEMENT
Section 1. The Property. The Property comprises 791 Mitchel Avenue, Port Orchard,
Washington (Kitsap County Tax Parcel Nos. 252401-3-007-2005 and 252401-3-008-2004). The
Property is described on Exhibit A which is attached hereto and incorporated herein by this
reference as if set forth in full. A map of the Property is shown Exhibit B on which is attached
hereto and incorporated herein by this reference as if set forth in full.
Section 2. 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) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
c) "Development Project" means the development of the Property with a building
measuring approximately 4950 square feet designed to house an orthodontic office, parking,
landscaping, and associated site improvements, as shown in Exhibit B and associated with permit
applications PW23-033, PW23-034, and PW23-035.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
Section 3. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Property.
b) Exhibit B — Map of the Property and the Development Project and with permits
listed in Section 2 identified.
c) Exhibit C — Public comments and petition received in support of protecting the
significant tree on the Property.
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d) Exhibit D — Conservation easement for execution and recording following
approval and execution of this Agreement.
Section4. Parties to Development Agreement. The Parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street,
Port Orchard, WA 98366.
b) The "Developer" is a private enterprise which owns the Property in fee, and whose
principal office is located at 2893 Erlands Beach Loop NW, Bremerton, WA 98312.
Section 5. Term of Agreement. This Agreement shall commence upon the Effective Date
and shall continue in force for a period of five (5) years unless extended or terminated as provided
herein. Following the expiration of the term or extension thereof, or if sooner terminated, this
Agreement shall have no force and effect except for such sections which are specifically intended
to survive expiration or termination.
Section 6. Significant Tree Protection. As consideration to the City, the Developer
agrees to protect and maintain the large redwood tree located at the southwest corner of the
Development Project site during project construction and after project completion. Such tree shall
be protected in perpetuity by the execution and recording of a conservation easement. A copy of
the conservation easement is attached hereto as Exhibit D and incorporated herein by this
reference as if set forth in full. Prior to construction, the tree and its root protection area as
determined by an arborist shall be protected with construction fencing to ensure that the tree is not
damaged during construction. The location of the significant large redwood tree is shown on
Exhibit B.
Section 7. Development Agreement Modifications.
a) The Development Project is not subject the maximum setbacks as shown in POMC
20.35.030 (5). This deviation is intended to allow the building to be set back further from the
Mitchell Avenue right of way to allow for protection of the significant tree.
b) To protect and preserve the significant tree located on the project site, the build -to -
zone standard identified in POMC 20.35.030(6) and implemented through POMC 20.40.030 shall
not apply to the Development Project.
c) Port Orchard Municipal Code Chapter 20.39 shall treat the proposed use, "All
Medical, except as follows" as Permitted outright "P" rather than as permitted conditionally "C"
and requiring a conditional use permit.
Section 8. ROW Dedication and Reconstruction of SE Taylor Street. As a further public
benefit to the City and as shown conceptually on Exhibit B, the Developer agrees to reconstruct
SE Taylor Street to include a sidewalk, landscape strip, curb, and gutter along the north side of the
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road and at least 20 feet of pavement to provide adequate fire access to properties served by SE
Taylor Street. The Developer also agrees to dedicate additional right of way as needed to ensure
that the travel lanes are completely within a public right of way. Such dedication shall be without
cost to the City and the Developer shall pay any excise tax due.
Section 9. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' notice in writing,
specifying the nature of the alleged 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 this Agreement and the Code.
Section 10. Termination. This Agreement shall terminate five (5) years after Effective Date.
Upon termination and upon the request of the Developer, the City shall record a notice of such
termination in a form satisfactory to the Parties that the Agreement has been terminated. Provided,
however, that the approval of the use of the Property for the medical office shall survive allowing
the use to continue unless abandoned by the Developer or successor.
Section 11. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26
POMC.
Section 12. Effect upon Termination on Developer. Termination of this Agreement as to
the Developer shall not affect any of the Developer's respective obligations to comply with the
City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other
land use entitlements approved with respect to the Property.
Section 13. Refund of CUP Application Fee. The need for a Conditional Use Permit was
abrogated by this Agreement. Therefore the Developer is entitled to a full refund of the application
fees paid for the Conditional Use Permit or may have those fees transferred and applied towards
the costs of this Agreement or other permit applications.
Section 14. Assignment and Assumption. The Developer shall have the right to sell, assign
or transfer this Agreement with all rights, title, and interests therein to any person, firm, or
corporation at any time during the term of this Agreement with a sale of the underlying property.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
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a portion of the Property, at least 30 calendar days in advance of such action; provided; however,
failure to strictly comply with the 30-calendar day notice provision shall not be considered a breach
of this Agreement.
Section 15. Binding on Successors; Covenants Running with the Land. The conditions and
covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the
land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer
and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof,
shall be obligated and bound by the terms and conditions of this Agreement, and shall be the
beneficiary thereof and a Party thereto, but only with respect to the Property, or such portion
thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe
and fully perform all of the duties and obligations of the Developer contained in this Agreement,
as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred
to it.
Section 16. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the Parties, be consistent with
Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow
the same procedures set forth in Chapter 20.26 POMC. 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 after the Effective Date of this Agreement.
Section 17. General release. Developer may free itself from further obligations relating to the
sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly
assumes the obligations under this Agreement as provided herein.
Section 18. Notices. Notices, demands, correspondence to the City and/or Developer (as
applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of
the Parties as designated in "Written Notice" Section 33 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the
Developer shall be required to be given by the City only for those successors -in -interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 19. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within
application fees; provided however, the City shall provide written notice to Developer if the
expenses to the City are anticipated to exceed Twenty -Five Thousand Dollars and No Cents
($25,000.00) and the Parties shall meet and confer regarding the City's anticipated costs. Upon
payment of all expenses, the Developer may request written acknowledgement of all fees. Such
payment of all fees shall be remitted to the City, at the latest, within thirty (30) days from the City's
presentation of a written statement of charges to the Developer.
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Section 20. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the Parties relating to this
Agreement, then the Parties shall meet and seek to resolve the dispute, in good faith, within ten
(10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director, Public Works Director, and/or the Mayor's designee and any
persons with information relating to the dispute, and Developer shall send an owner's
representative and any consultant or other person with technical information or expertise related
to the dispute.
b) Court. If the Parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay
the other Parties' expenses and reasonable attorney's fees.
Section 21. 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 22. 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 23. Developer's Compliance. The City's duties under the Agreement are expressly
conditioned upon the Developer's substantial compliance with each and every term, condition,
provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws
and regulations and the Developer's obligations as identified in any approval or project permit for
the property identified in this Agreement.
Section 24. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give right only to damages under state contract law and shall not give rise to any liability
under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution,
including but not limited to 42 U.S.C. § 1983, or similar state constitutional provisions.
Section 25. Third Party Legal Challenge. In the event any legal action or special proceeding
is commenced by any person or entity other than a Party to challenge this Agreement or any
provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend
the City from all costs and expenses incurred in the defense of such lawsuit or individual claims
in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The
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Developer shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 26. Specific Performance. The Parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof.
Section 27. Recording. This Agreement shall be recorded against the Property with the real
property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of the property and any successors in interest to such property.
Section 28. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
Section 29. Non -Waiver of Breach. The failure of a Parry to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 30. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
NAME OF DEVELOPER:
JL Group, LLC
Shelly Cook
2893 Erlands Beach Loop NW
Bremerton, WA 98312
Email: shellyc@johnsonlinkortho.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu@portorchardwa.gov
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 31. 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 32. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each 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
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shall execute and deliver to the other all further documents as are reasonably necessary to carry
out this Agreement, including the Water Improvement Project, the property dedications (if any),
and Development Project, as may be necessary to provide a Party with a full and complete
enjoyment of its rights and privileges under this Agreement.
Section 33. 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 37. 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 38. 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
, 2023. hhh,
JL Group, LLC
By:
[Insert name]
Its:
APPROVED AS TO FORM:
NAME
Attorney for Developer
CITY OF PORT ORCHARD
By:
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
Brandy Wallace, CMC
Port Orchard City Clerk
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EXHIBITS TO AGREEMENT:
Exhibit A — Legal Description of the Property being developed by Developer
Exhibit B — Map of the Property and the Development Project
Exhibit C — Public comments and petition received in support of protecting the significant tree
on the Property.
Exhibit D — Conservation Easement Form
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NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Robert Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated: .2023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
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NOTARY BLOCK FOR JL GROUP, LLC
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that NAME is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledged it as the Managing Member of
JL Group, LLC, a Washington limited liability company to be the free and voluntary act of such
Party for the uses and purposes mentioned in the instrument.
Dated: 2023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
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