HomeMy WebLinkAbout100-24 - Family Legacy Development, LLC - ContractName and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
CITY Oi- PORT ORCHARD 202507010176
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DEVELOPMENT AGREEMENT BY AND BETWEENTHE CITY OF PORT ORCHARD AND
Document Title(s):
FAMILY LEGACY, LLC FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS
Auditor's File Number of Document (s) Referenced: J w
Grantor(s) person(s) that conveys, sells or grants interest in property:
FAMILY LEGACY DEVELOPMENT, LLC
Grantee(s) person that buys, receives or to whom conveyance of property is made:
CITY OF PORT ORCHARD
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
LOT C OF SHORT PLAT NO. 2384 AS RECORDED UNDER AUDITOR'S FILE NO. 8009020109, RECORDS OF KITSAP COUNTY, WASHINGTON; BEING A PORTION OF
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON
Assessor's 14 digit Tax Parcel Number: 012301-2-078-2000
04/25/14
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND FAMILY LEGACY, LLC
FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION
IMPROVEMENTS
THIS DEVELOPMENT AGREEMENT is made and entered into this 6 day of
December, 2024, by and between the City of Port Orchard, a non -charter, optional code
Washington municipal corporation, hereinafter the "City," and Family Legacy Development,
LLC, a Washington limited liability company, hereinafter the "Owner" (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 36.708.170(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, the Owner has applied for a Development Agreement under Chapter 20.26
POMC on July 11, 2024, 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 Owner (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the
development of property owned by Owner at 1695 SE Salmonberry Road, Port Orchard (Kitsap
County Tax Parcels #012301-2-078-2000) (hereinafter, the "Property"); and
WHEREAS, the Owner proposes to develop the Property with a multi -family development
consisting of 24 multifamily units within two buildings, associated parking, landscaping, outdoor
amenity areas, and site improvements (collectively, the "Development Project" or City Permit
No. PW22-024); and
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WHEREAS, the City is undertaking review of the Development Project pursuant to the
POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development
Proposal with the issuance of a Determination of Non -significance issued on January 6, 2023
("DNS"). The DNS for the Development Project was not timely appealed; and
WHEREAS, associated the Development Project, the Owner proposes dedicate certain
property ("Transportation Improvement Project Property") to the City for the purpose of the
City's construction of a portion of a City transportation improvement defined as Project 2.04A on
the impact fee study as defined herein as the "Transportation Improvement Project" which property
dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(5) and
POMC 20.182.080; and
WHEREAS, the Transportation Improvement Project Property dedication is necessary for
the City's development of the Transportation Improvement Project which will benefit the
Development Project and the general public; and
WHEREAS, this Agreement governs the dedication of the Transportation Improvement
Project Property to the City and the respective transportation impact fee credits that will result
from the Owner dedicating the Transportation Improvement Project Property; and
WHEREAS, except with regard to this Transportation Improvement Project Property
dedication and the respective applicable transportation impact fee credit, 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 consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Owner and include a transportation impact fee
credit calculation, the Parties deem it in their best interests to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on November 26, 2024 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. 016-24, the City Council authorized
the Mayor to sign this Agreement with the Owner.
AGREEMENT
Section 1. The Property. The Property is located at 1695 SE Salmonberry Dr., Port
Orchard, Washington (Kitsap County Tax Parcel #012301-2-078-2000). 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. Transportation Improvement Project Property. Pursuant to this Agreement,
Owner shall be responsible for the dedication of the Transportation Improvement Project Property
to the City as described herein.
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a) Transportation Improvement Project Property. Owner shall dedicate certain property
necessary for the City to construct a portion the Bethel Phase 1 Project located near the intersection
of SE Salmonberry Road and Bethel Road SE, Project 2.04A on the City impact fee study (defined
herein as the "Transportation Improvement Project Property") as shown in Exhibit C and as set
forth in Section 7 of this Agreement. The roadway portion will be constructed by the City or other
parties at a future date. The dedication of the Transportation Improvement Project Property shall
be eligible for transportation impact fee credits as provided in Section 8 of this Agreement.
b) Transportation Impact Fee Credit Applicability. The transportation impact fee credits
authorized by this Agreement are only applicable to pending Building Permit applications 22-980
and 22-981 for the Property(ies) identified on Exhibit B.
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) "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 approximately
24 units with 2 buildings, associated off-street parking, landscaping, outdoor amenity areas,
and associated site improvements, as shown in Exhibit B and approved by the City under
Permit PW22-024 and associated with Building Permit Nos. 22-980 and 22-981.
d) "Director" means the City's Public Works Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
f) "Maximum credit" means the maximum amount of transportation impact fee credits
to be provided by the City to the Owner for the Transportation Improvement Project Property
dedication pursuant this Agreement.
g) "Transportation Improvement Project" means the Transportation Improvement
Project described above which serves both the Property and the greater community which will
be undertaken by the City at a later date.
Section 4. 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 — Transportation Improvement Project Property showing the location of
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property to be dedicated by Owner.
d) Exhibit D — Right of Way Dedication Deed for Transfer of the Transportation
Improvement Project Property
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) The "Owner" is a private enterprise which owns the Property in fee, and whose
principal office is located at 7809 Pacific Avenue, Tacoma WA 98408.
Section 6. Term of Agreement; No Vesting to Fees. 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. Provided, however, that the Owner shall complete the Property
Dedications as set forth in Section 7 below which shall be prior to expiration of this Agreement.
The requirement to dedicate the Transportation Improvement Project Property shall survive
expiration or termination of this Agreement. This Agreement does not vest the Owner to any fees.
Fees shall be charged in accordance with the fee schedule that is in effect at the time that the
building permits for the apartment complex are issued and all permit fees have been paid.
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 7. Property Dedication Schedule. The Owner will dedicate the Transportation
Improvement Project Property which is shown on Exhibit C to the City, in the form attached to
this Agreement as Exhibit D. Such dedication shall be completed within twelve (12) months of
the Effective Date of this Agreement. The Owner agrees that the City may withhold issuance of
any Certificate of Occupancy for the Development Project until such time as the dedications have
been completed. If this property dedication is not exempt from real estate excise tax, then the City
shall pay any real estate excise tax due on this transfer. This section shall survive termination of
the Agreement.
Section 8. Impact Fee Credits for Transportation Improvement Project Property
dedication.
a) Transportation Impact Fee Credit. The maximum amount of the transportation impact
fee credit for the Transportation Improvement Project Property dedication to be made
by Owner under this Agreement shall be limited to the lesser of: the total
Transportation Impact Fees due on the Project (currently estimated as $64,035.12), or
the value of the Transportation Improvement Project Property dedication as determined
in Section 9, or the appraised value of the portion of property needed for Project 2.04A
($218,000.00) ("Maximum Transportation Impact Fee Credit"). The credits
provided under this Section are limited to this Maximum Transportation Impact Fee
Credit. Once the Maximum Transportation Impact Fee Credit has been achieved
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through credits applied to Owner for the Development Project, Owner will be required
to comply with the impact fee provisions of the Code for any further development of
the Property that requires payment of transportation impact fees, including payment of
any transportation impact fees incurred over and above the Maximum Transportation
Impact Fee Credit.
b) Credit Granted. The City hereby grants the Owner a credit against transportation impact
fees for fair market value of the Transportation Improvement Project Property as set
forth in this Agreement and as calculated under the provisions contained Sections 8 and
9. The total estimated transportation impact fee required for the Development Project
is currently estimated as $64,035.12. If any net transportation impact fees are due, the
Owner shall pay the transportation impact fees based on the rate schedule in effect at
the time payment has been made to the City for building permits 22-980 and 22-981.
The Parties agree that the estimated transportation impact fees credit granted by the
City for the dedication of the Transportation Improvement Project Property will likely
exceed the transportation impact fees due. For the purposes of this subsection, the
Parties agree that the projected net transportation impact fees due will be zero dollars
($-0-). Therefore, the Parties agree that Owner shall not be required to remit payment
for the any transportation impact fees prior to the issuance of building permits 22-980
and 22-981. After completion of the Project and the Dedication of the Transportation
Improvement Project Property, if the Parties determine that Owner owes any
transportation impact fees, then such amount shall be due and payable to the City prior
to issuance of any certificate of occupancy for the Development Project.
c) Owner shall dedicate the Transportation Improvement Project Property to the City
generally as shown on Exhibit C, but in the final configuration as determined following
the final design of the Transportation Improvement Project by the City. Such dedication
shall be by Right of Way Dedication Deed as shown on Exhibit D. Owner shall
complete such dedications no later than twelve (12) months after the effective date of
this Agreement or prior to the City's issuance of a Certificate of Occupancy for the
first building permit for the Development Project, whichever time period is shorter.
d) In the event Owner defaults on any requirement under this Agreement, or defaults on
dedicating the Transportation Improvement Project Property, the City's remedies
include holding any outstanding Certificates of Occupancy until such time the
Transportation Improvement Project Property dedication is completed, including the
Parties' agreement on valuation, and until after any outstanding impact fees are paid in
full or credited.
e) The City and Owner agree that these credits are consistent with RCW 82.02.060(5) and
that they are consistent with POMC 20.182.080.
Section 9. Valuation of Property Dedications. The Parties agree to value the
Transportation Improvement Project Property to be dedicated at $18.96 per square foot. The
Parties agree that this is the correct and fair market value for the Transportation Improvement
Project Property.
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Section 10. Other Impact Fees. The Development Project is subject to the City's impact fee
requirements of POMC Ch. 20.182. Owner shall pay the applicable impact fees for the
Development Project at the rates in effect at the time each fully complete building permit
application is submitted.
Section 11. 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 12. Termination. This Agreement shall terminate five (5) years after Effective Date.
Upon termination and upon the request of the Owner, the City shall record a notice of such
termination in a form satisfactory to the Parties that the Agreement has been terminated.
Section 13. 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 14. Effect upon Termination on Owner. Termination of this Agreement as to the
Owner shall not affect any of the Owner'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 Transportation Improvement
Project costs being fully recovered by impact fee credit or mitigation funds, the Owner will no
longer be eligible to receive such credits.
Section 15. Effects upon Termination on City. Upon any termination of this Agreement as
to the Property, or any portion thereof, the City will be under no obligation to provide any
additional credits or reimbursement to Owner even if the Transportation Improvement Project
costs have not been fully recovered at the time of expiration or termination.
Section 16. Assignment and Assumption. The Owner 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. Owner shall
provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the
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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 17. 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 Owner 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 Owner contained in this Agreement, as such duties
and obligations pertain to the portion of the Property sold, assigned, or transferred to it.
Section 18. 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 19. General release. Owner 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
timely dedicate the Transportation Improvement Project Property.
Section 20. Notices. Notices, demands, correspondence to the City and/or Owner (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
Owner 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 21. Reimbursement for Agreement Expenses of the City. Owner agrees to
reimburse the City for actual expenses incurred over and above fees paid by Owner 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 Owner 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 Owner 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 Owner.
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Section 22. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the Parties relating to this
Agreement, then the Parties shall meet and seek to resolve the dispute, in good faith, within
ten (10) working days after a Party's request for such a meeting. The City shall send the
Mayor, Community Development Director, Public Works Director, and/or the Mayor's
designee and any persons with information relating to the dispute, and Owner shall send
an owner's representative and any consultant or other person with technical information or
expertise related to the dispute.
b) Court. If the Parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. The non -prevailing Party in any action brought to enforce this
Agreement shall pay the other Parties' expenses and reasonable attorney's fees.
Section 23. 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 24. 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 25. Owner's Compliance. The City's duties under the Agreement are expressly
conditioned upon the Owner'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 Owner's obligations as identified in any approval or project permit for the
property identified in this Agreement.
Section 26. 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 27. 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 Owner. In such event, Owner 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 Owner shall
not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not
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unreasonably withhold consent to settle.
Section 28. 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 29. 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 30. 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 31. 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 32. 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 OWNER: CITY:
Family Legacy Development LLC Mayor
Attn. Steve Novotny City of Port Orchard
7809 Pacific Avenue 216 Prospect Street
Tacoma WA 98408 Port Orchard WA 98366
powermvstro@gmail.com rputaansuu@portorchardwa.gov
me@stevenovotny.com
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 33. 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 34. 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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Docusign Envelope ID: B61E321B-93E3-4F3C-9860-015OF9069748
shall execute and deliver to the other all further documents as are reasonably necessary to carry
out this Agreement, including the Transportation improvement Project, the property dedications,
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.
Sccftcrn 35. 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 36. 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 tin original as to the Party whose signature it bears, and all such
counterparts shall constitute one document.
Sect; +n 37. 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 for ping a part of or altering in any manner whatsoever, this Agreement. The entire
agreement between €he 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 L day of
2024.
Family Legacy Development LLC
By.
Steve Novotny
Its:
APPROVED AS TO FOR
M' TAttorney far Owner
CITY OF PORT ORCHARD
By:_ �.✓ ..
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Signed by: pp�
Jennllbr S. Robertson
Attorney for Port Orchard
ATTEST:
Signed by:
Brandy Wallace, CMC
Port Orchard City Clerk
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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: l /P_Cerribr 6, 2024.
Commission Numb,,
151224
Jenin
e Floyd
1Y ADPointment Expires O;
11/15/2026 A,
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(print or type name)
NOTARY PUBLIC in and for the
S e of Washington, residing at:
I , r) =, y1 ,/,\i %n �,
My Commission expires:
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Salmonberry Apartments
10938640.1 - 366922 - 0060
NOTARY BLOCK FOR FAMILY LEGACY DEVELOPMENT LLC
STATE OF WASHINGTON )
) ss.
COUNTY OF l Q __
I certify that I know or have satisfactory evidence that Steve Novotny 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
of Family Legacy Development, 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: C 2024.
G
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires: S Z
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EXHIBITS TO AGREEMENT:
Exhibit A — Legal Description of the Property being developed by Owner
Exhibit B — Map of the Property and the Development Project and with permits listed in Section
2 identified
Exhibit C — Transportation Improvement Project Property dedication map
Exhibit D — Right of Way Dedication Deed
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EXHIBIT "A"
37' RIGHT-OF-WAY DEDICATION
A STRIP OF LAND BEING 37.00 FEET IN WIDTH, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
LOT C OF SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109, BEING A PORTION OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH; RANGE I
EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 20-2-01545-8, DESCRIBED AS FOLLOWS:
THE SOUTH 10 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1,
TOWNSHIP 23 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE WEST 271.77 FEET;
EXCEPT ANY PORTION LYING EAST OF THE WEST 535.77 FEET;
AND EXCEPT SHORT PLAT NO.2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY;
THENCE NORTH 02°39'24" EAST ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 17.00 FEET TO A LINE
PARALLEL WITH AND 17,00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY AND THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 0239'24" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 275.00 FEET TO
AN ANGLE POINT ON SAID WESTERLY LINE THEREOF;
THENCE CONTINUING NORTH 02°39'24"`EAST , A DISTANCE OF 20.79 FEET TO THE NORTHERLY LINE OF THE
ABOVE DESCRIBED PROPERTY;
THENCE SOUTH 88°07'44" EAST ALONG SAID NORTH LINE, A DISTANCE OF 37.00 FEET TO A LINE PARALLEL
WITH AND 37.00 FEET EAST OF SAID WESTERLY LINE;
THENCE SOUTH 02°39'24"WEST `ALONG SAID PARALLEL LINE, A DISTANCE OF 295.76 FEET TO SAID LINE
PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY;
THENCE NORTH 88'10'36" WEST ALONG SAID PARALLEL LINE THEREOF, A DISTANCE OF 37.00 FEET TO THE
POINT OF BEGINNING.
CONTAINS 0.251 ACRES MORE OR LESS.
ALL SITUATE IN SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF
PORT ORCHARD COUNTY OF KITSAP, STATE OF WASHINGTON.
MTc'',,UP
ENGINEERING. LLC
4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-509-0044
Decusign EQvelope ID: B61 E321 B-93E3-4F3C-9660-0150F9069748
N
SCALE: 1"=50'
S68 '07' 44'E
i",37. 00 -
EXHIBIT "B"
SUPERIOR COURT CAUSE
- - --
- _ NO. 20-2-01545-8 -
37RIGHT-OF-WAY DEDICATION
0
P08
POINT OF
COMMENCEMENT` 37 .00''
N88'10' 36' W
o p
_ SE SALMONBERRY ROAD
E N G I N E E R I N G• L L C
CIVIL ENGINEERS-SURVEY0RS"LAND PLANNERS
4706 97th Street NW, Suite 100, Gig Harbor, WA 98335
Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com
Exhibit B
Site Plan depicting Salmonberry Apartments Development and Right-of-way
dedication area.
NOTE: This document, not being suitable for recording, is on file with the
City of Port Orchard under File No. LU24-Dev Agreement -01 Salmonberry
Apartments
EXHIBIT "C"
3T RIGHT-OF-WAY DEDICATION
A STRIP OF LAND BEING 37.00 FEET IN WIDTH, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY.
LOT C OF SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109, BEING A PORTION OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON
TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 20-2-01545-8, DESCRIBED AS FOLLOWS:
THE SOUTH 10 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1.
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE WEST 271.77 FEET;
EXCEPT ANY PORTION LYING EAST OF THE WEST 535.77 FEET;
AND EXCEPT SHORT PLAT NO 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY;
THENCE NORTH 02°36'24" EAST ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 17.00 FEET TO A LINE
PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY AND THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 02°39'24' EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 276.00 FEET TO
AN ANGLE POINT ON SAID WESTERLY LINE THEREOF;
THENCE CONTINUING NORTH 0239'24" EAST, A DISTANCE OF 20.79 FEET TO THE NORTHERLY LINE OF THE
ABOVE DESCRIBED PROPERTY;
THENCE SOUTH 88°0744" EAST ALONG SAID NORTH LINE, A DISTANCE OF 37.00 FEET TO ALINE PARALLEL
WITH AND 3700 FEET EAST OF SAID WESTERLY LINE;
THENCE SOUTH 02°39'24" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 296.76 FEET TO SAID LINE
PARALLEL WITH AND 1700 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY,
THENCE NORTH 88'1036' WEST ALONG SAID PARALLEL LINE THEREOF, A DISTANCE OF 37.00 FEET TO THE
POINT OF BEGINNING.
CONTAINS 0.251 ACRES MORE OR LESS.
ALL SITUATE IN SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF
PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON.
ENGINEER'ING•LLC
4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-5O9-OO44
AFTER RECORDING RETURN TO:
City of Port Orchard
Attn. Public Works Director
216 Prospect Street CITY OF PORT ORCHARD 2@250'7010145
Port Orchard, WA 98366
r:?+ntl2�25 Oi 48 PM aaei of
mews. Ki tsap Co Auc'i for
Title of Document: STATUTORY WARRANTY DEED FOR RIGHT OF WAY
DEDICATION
Grantor: Family Legacy Development, LLC, a Washington limited liability
company
Grantee: City of Port Orchard, a Washington municipal corporation
Legal Description
(abbreviated): 519 U t C. pFN t0221)a01 e)
FULL LEGAL DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO
Assessor's Tax Parcel ID# 012301-2-078-2000
Reference Nos. of Documents
Released or Assigned: N/A
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
Page 1 KITSAP COUNTY TREASURER EXCISE
10938652.1-366922.0060 2025EX03669
Total: $10.00
07/01/2025
Clerk's Initial
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
The GRANTOR Family Legacy Development, LLC, a Washington limited liability
company for and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration in hand paid, conveys and warrants to GRANTEE, the City of Port Orchard, a
Washington municipal corporation, the following described real estate, the following described
real property, including any after acquired title, as and for public right of way, to be used for all
lawful right of way purposes including, but not limited to, public roads, streets, surface
transportation and associated uses as well as the installation, operation and maintenance of utilities,
over, under, above, and along the following described real property in the situated in the County
of Pierce County, State of Washington as described on Exhibit "A" which is attached hereto and
incorporated herein by this reference as if set forth in full.
A drawing of the Right of Way is attached hereto as Exhibit "B" and made part of this Deed by
this reference.
Further, Grantor agrees to indemnify and hold the Grantee harmless from liability for any and
all claims under the Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. § 9601 et seq., and the Model Toxics Control Act, Chapter 70.105D RCW, which may
arise from the property dedicated pursuant to this Deed.
It is understood and agreed that this deed shall become binding upon the Grantee upon accepted
by its Mayor or designee as indicated by signature below. The rights and obligation in this
Statutory Warranty Deed for Right of Way Dedication shall inure to the benefit of and be binding
on the Parties and be binding on their respective successors and assigns.
GRANTOR:
Family Legacy Development, LLC
This instrument is executed on this IS. day of
Family Legacy D elopment LC
By: Steve Novotny
its Principal
______,202c
ACCEPTED:
City of Port Orchard
Rob Putaansuu, Mayor
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
Page 2
10938652.1- 366922 - 0060
Date:
STATE OF ' (HI -
1)
ss.
COUNTY OF rtp` )
On this 1' day of , 202 day personally appeared before me Steve
Novotny, to me known to be the Principal of Family Legacy Development, LLC, a Washington
limited liability company, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said Washington limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and
year first above written.
►►►uuuIIu,,,
I
p1TH L q�A,�4
o"
4
r NOTARY. Z'
•
9
(Print Name)
NOTARY PUBLIC in and for the
State Qf ti .1 , residing at
My appointment expires
My appointment expires
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
Page 3
10938652.1- 366922 - 0060
Exhibit A
LEGAL DESCRIPTION OF RIGHT OF WAY PROPERTY
A P Of LANDB NG 37 -CO EET IN WIDTH, I Y I . IN T W C )WT G OECO PR `;
LOt C O HCj11 f&A? P.C 23MRAE UNDER AuDlTOR tJG niO2Oi0S EIIiG APORTCNOF
IW JT T QUARTER Of THE, N RTHWI CATER, C 1. I IP 3 NORTH, RANQ I
EAS1' W M.IN SAP COJNIY. A&ING" :
MORf PARTICULARLY ABLY I ECRO AS FOLLOW ;
REGNMNG AT HE ITHWFST CORNER OF THE .AE DESCRIBED
THENCE NORTH tit" 4 k EAST ALONG THE WESTERLY LINE T-FR(D A DTAHCE OP 1T,AO FEET TO A liNE
PARAtIEt. 7 rJiFEET NORTH OF SOUTH LINE PROPERTY+ Tt PMl M
THENCE C Tfl'SL'NG NORTH 02'324' EA1 T :ALONGAIEt TERL`Y L PIE, A OISIAP*CE OF 275OU FELT 10
AN ANGLE POINT G M I ER LY LINE THEREOF,
THENCEp CO wT'INL1 R p 14 029'4 `' , T". . s ,TTY FEET T TRNORTHERLY T
YE A' O c'G i R ,
ThENCE S U H 8$'U t44 EAST ALO SAID LINE, A D4STANCE OF 3Z0 TO A LINE EMML
WTh AND 37,00 FEET CAST I D WF FRI Y L.INE;,
ThENCE SWTH 0Z'24" SST AL WIG SAID PMALLEL UW, A IllS TAI4CE OF 2S Th FEET TOSAM Ltd.
PARALLEL TH A F 1700FE IC.Wk OF THE SOJT'H LINE C SAID PREY
THENCE TH 88 103' "WESTALONG S1D PARAL ILL. LIME THEREOF, A DS1ANE OF' 3700 FEET TO THE
OF EONNING.
OONTM4S 0:251 ACRES MCIHE OR LE:
ALL TL TE *4 C7Il 11,TOWNAMP 23 NORTH, R#JriGE T EAST OF THE WIL T'E Ir RIDIAN, IN THE CITY OF
PORT ORCHARD, COLIP4TY OF KSAP, STATE I H . TOR,
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
Page 4
10938652.1- 366922 - 0060
Exhibit B
DRAWING OF RIGHT OF WAY TO ACCOMPANY LEGAL DESCRIPTION
r
SCALE 15O
SE oNBIY ROAD
STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION
Page 5
10938652.1 - 366922 - 0060