HomeMy WebLinkAbout010-26 - Ordinance - Development Agreement with McCormick Communities, LLCDocusign Envelope ID: AF6C7F2A-BCC8-8F28-837D-0F7D655E28CE
ORDINANCE NO. 010-26
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PORT
ORCHARD AND MCCORMICK COMMUNITIES, LLC FOR THE
MCCORMICK URBAN VILLAGE; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.70B.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
(POMC); and
WHEREAS, McCormick Communities, LLC ("Developer") owns or controls approximately
24 acres of property located at Feigley Road W and Yarrow Street, identified in the Development
Agreement as the "Subject Property"; and
WHEREAS, on September 18, 2025, the Developer submitted an application for a
Development Agreement pursuant to Chapter 20.26 POMC; and
WHEREAS, the Development Agreement establishes vested development standards,
identifies permitted uses and development intensities, provides design departures, and outlines
obligations of both parties, including the Developer's agreement to design the Parish Creek
Augmentation Station as consideration for the requested flexibility; and
WHEREAS, the City provided public notice of the Development Agreement and of the May
12, 2026 public hearing in accordance with POMC 20.25; and
WHEREAS, on April 23, 2026, the City's SEPA Responsible Official issued a Determination
of Non -Significance (DNS) for the proposed Development Agreement; and
WHEREAS, the Port Orchard City Council held a duly noticed public hearing on May 12,
2026, received public testimony, and reviewed the proposed Development Agreement, staff
report, and related materials; and
WHEREAS, the City Council finds that the Development Agreement is consistent with the
City's Comprehensive Plan, applicable development regulations, and the public interest; and
WHEREAS, the City Council, after careful consideration of the Development Agreement
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Ordinance No. 010-26
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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 that the amendments herein are 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 to Execute. 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 or to
Exhibit "C", including but not limited to the correction of scrivener's/clerical errors, references,
Ordinance numbering, section/subsection numbers, and any reference thereto.
SECTION 5. 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 12th day of May 2026.
Signed by.
Ieot Maav-stuu.
Robert Putaansuu, Mayor
A F jTe:d by:
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Brandy Wallace, MMC, City Clerk
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Ordinance No. 010-26
Page 3 of 33
APPROVED AS TO FORM:
Signed by
Charlotte A. Archer, City Attorney
PUBLISHED: May 15, 2026
EFFECTIVE DATE: May 20, 2026
EXHIBIT A: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND
MCCORMICK COMMUNITIES, LLC FOR THE DEVELOPMENT OF MCCORMICK
URBAN VILLAGE
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Ordinance No. 010-26
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EXHIBIT A: MCCORMICK COMMUNITIES, LLC, DEVELOPMENT AGREEMENT FOR THE
DEVELOPMENT OF MCCORMICK URBAN VILLAGE
CITY OF PORT ORCHARD 202608140018
Contract Rec Fee $ 321.50
08/14/2026 09:50 AM Page: 1 of 19
Paul Andrews, Kitsap Co Auditor
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Contract No. 059-26 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD
Document Title(s):
AND MCCORMICK COMMUNITIES, LLC FOR THE DEVELOPMENT OF MCCORMICK URBAN VILLAGE
Auditor's File Number of Document (s) Referenced:
202504230029
202208230176 and
Grantor(s) person(s) that conveys, sells or grants interest in property:
MCCORMICK COMMUNITIES, 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
MCCORMICK WOODS VILLAGE EAST (AFN 202504230046) AND
CITY OF PORT ORCHARD SHORT PLAT NO. PO -155 (AFN 202208230176)
Assessor's 14 digit Tax Parcel Number: SEE EXHIBIT B OF THE
MCCORMICK URBAN VILLAGE DEVELOPMENT AGREEMENT
04/25/14
Contract No. 059-26
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND McCORMICK
COMMUNITIES, LLC FOR THE DEVELOPMENT OF McCORMICK URBAN
VILLAGE
THIS DEVELOPMENT AGREEMENT is made and entered into this 14 day of
May, 2026, 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, 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(l )); and
WHEREAS, local governments may also enter into a development agreement for
real property outside its boundaries as part of a proposed annexation or service agreement
(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 36.708.170(1)); and
WHEREAS, for the purposes of this development agreement, "development standards"
includes, but is not limited to, all of the standards listed in RCW 36.708.170(3); 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 36.708.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
(POMC") 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 Property previously had a development agreement which was approved
on November 9, 2010 (Contract 068-10) for the development of the Property, however, that
development agreement expired on November 9, 2025; and
WHEREAS, the Developer applied for a new Development Agreement on September 18,
2025 under Chapter 20.26 POMC and such Agreement has been processed consistently with the
POMC and State law; and
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11188220.7-366922- 002()
WHEREAS, on June 7, 2022, the Developer submitted a complete application for a 153
lot subdivision for the Property LU22-Plat-Prelim-02 which vested the Property to the POMC on
the date of submittal; and
WHEREAS, on April 8, 2025, the City Council approved Resolution 015-25 granting final
plat to McCormick North Village Residential East, the final plat associated with LU22-Plat-
Prelim-02; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
the Developer (hereinafter the "Development Agreement"), relates to the development known as
the McCormick Urban Village, which is located at: Feigley Road W and Yarrow St (Kitsap County
Tax Parcel numbers for the Subject Property are attached to this Agreement as Exhibit B)
(hereinafter the "Subject Property"); and
WHEREAS, the Subject Property is close to a future school site and close to public parks;
and
WHEREAS, the Developer's project will help to create a walkable neighborhood center
near to schools and parks that includes middle housing and provides needed commercial services
and amenities for densifying residential areas; and
WHEREAS, it is in the City's and the public's interest to facilitate the expedited
development of the Developer's Project in order to provide services and amenities for residents
and to enable the creation of housing that is affordable for more individuals and families; and
WHEREAS, by increasing density with middle housing and developing commercial retail
in the same area, the McCormick Urban Village will reduce vehicular traffic, and create a more
walkable neighborhood center which will improve quality of life for residents located within and
near the Subject Property; and
WHEREAS, in order to facilitate the project having superior design principles, some
flexibility on applicable code provisions is appropriate and is off set by the public benefit of having
a development with superior design; and
WHEREAS, as consideration to the City for the design flexibility described herein,
McCormick agrees to begin design on the City's Parish Creek Augmentation Station, a water
system improvement identified in the City's water system plan that will increase the city's allowed
pumping rates at Well 11; and
WHEREAS, the Parties agree to revisit the 2022 Water Capital Facilities Charge Credit
Agreement (C048-22) to add the Parish Creek Augmentation Station project (a subsect of CIP
project #22 as identified in the City's water system plan) to the agreement and to outline the terms
of the credit as it relates to the design and construction of this project, pursuant to POMC
13.04.030. after the city secures all necessary easements and maps; and
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11188220.7 - 366922 - 0020 2
WHEREAS, the Developer shall be under no obligation to amend other sections of the
2022 Water Capital Facilities Charge Credit Agreement unrelated to the addition of this one
project, unless mutually agreed upon; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Owner, the Parties deem it in their best interests
to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on May 12, 2026 regarding this
Agreement• and
WHEREAS, after a public hearing, by Ordinance No. 010-26, the City Council
authorized the Mayor to sign this Agreement with the Owner.
AGREEMENT
Section 1. The Project. The Project is the development and use of the Property, consisting
of 24 acres in the City of Port Orchard, The Project consists ofthe development of the McCormick
Urban Village which is expected to be comprised of 378 middle housing units, 31,700 square feet
of retail, and 230,000 square feet of additional infrastructure improvements ("Project").
Section 2. Developer's Property. The Project site is legally described and depicted in
Exhibit "A" and is attached hereto and incorporated herein by this reference ("Subject Property"
or "Property").
Section 3. Definitions. As used in this Development 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 Development
Agreement, as required by RCW 36.7013.200 and Chapter 20.26 POMC.
b) "Certificate of occupancy" means either a certificate issued after inspections by the
City authorizing a person(s) in possession of property to dwell or otherwise use a specified building
or dwelling unit, or the final inspection if a formal certificate is not issued.
c) -Council" means the duly elected legislative body governing the City ofPort Orchard.
d) "Design Guidelines" means the design requirements contained in the Port Orchard
Municipal Code.
e) "Director" means the City's Community Development Director or Director of
Planning and Building.
1} "Effective Date" means the effective date of the Adopting Ordinance.
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111882207-366922-0020
g) "Existing Land Use Regulations" means the ordinances adopted by the City Council
of Port Orchard in effect on the Effective Date, including the adopting ordinances that govern the
permitted uses of land, the density and intensity of use, and the design, improvement, construction
standards and specifications applicable to the development of the Subject Property, including, but
not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards,
the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other
ordinances, codes, rules and regulations of the City establishing subdivision standards, park
regulations, building design guidelines. Existing Land Use Regulation does not include non -land
use regulations, which include taxes, impact fees, utility connection fees, storm water control
regulations, and all construction codes (i.e., International Residential Code, International Building
Code, Energy Code, etc.).
h) "Project" means the anticipated development of the Subject Property, as specified in
Section 1 and as provided for in all associated permits/approvals, and all incorporated exhibits.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal description of the Subject Property.
b) Exhibit B — List of Parcels of the Subject Property to with this Development
Agreement applies.
c) Exhibit C — Final Plat Map McCormick Woods Village East approved by
Resolution No. 15-25.
d) Exhibit D — Preliminary Plat Conceptual Map for McCormick LU24-Plat-Prelim-
01.
e) Exhibit E — Description and components for Parish Creek Augmentation Station
These exhibits are each attached to this Agreement and incorporated herein by this reference as if
set forth in full.
Section 5. Parties to Development Agreement. The Parties to this Agreement are:
a) The "City" is the City of Port Orchard, 216 Prospect Street, Port Orchard, WA
98366.
b) The "Developer" or "Property Owner" is a private enterprise which owns the Subject
Property in fee, and whose principal office is located at 805 Kirkland Ave., Suite 200, Kirkland,
WA 98033-8150.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project
is a private development and that the City has no interest therein except as authorized in the
exercise of its governmental functions.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of the Adopting Ordinance approving this Agreement and shall continue in force for a period of
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11 18$220.7 -366922- 0020 4
ten (10) 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,
subject however, to post -termination obligations of the Developer.
Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner
terminated in accordance with the terms hereof, in developing the Subject Property consistent with
the Project described herein, Developer is assured, and the City agrees, that the development rights,
obligations, terms and conditions specified in this Agreement, are fully vested in the Developer
and may not be changed or modified by the City, except as may be expressly permitted by, and in
accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as
expressly consented thereto by the Developer. Notwithstanding this Agreement, except as
modified by this Agreement, the Developer is vested to the land use control ordinances in effect
at the time of its application for the subdivisions under application number LU22-Plat-Prelim-02,
LU24-Plat-Prelim-01, and the final plat approved via Resolution 15-25. Provided, however, that,
consistent with state law, this Agreement does not vest the Developer to standards which are not
considered "land use control ordinances."
Section 9. Permitted Uses and Development Standards. The permitted uses, the density
and intensity of use, the maximum height and size of proposed buildings, provisions for reservation
and dedication of land or payment of fees in lieu of dedication for public purposes, the
construction, installation and extension of public improvements, development guidelines and
standards for development of the Subject Property shall be those set forth in this Agreement, the
permits and approvals identified herein, and all exhibits incorporated herein.
Section 10. Minor Modifications. Minor modifications from the approved permits or the
exhibits attached hereto may be approved in accordance with the provisions of the City's code,
and shall not require an amendment to this Agreement, provided however, that amendments to
related plats shall be processed under Chapter 20.88 POMC.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing
Land Use Regulations contemplate the exercise of further discretionary powers by the City. These
powers include, but are not limited to, review of additional permit applications under SEPA.
Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to
hold legally required public hearings, or to limit the discretion of the City and any of its officers
or officials in complying with or applying Existing Land Use Regulations.
Section 12. Required Public Improvement Design.
a) Developer acknowledges and agrees that as a condition of granting this Agreement,
that Developer will design the City's Parish Creek Augmentation Station ("Water System
Improvement"). The Water System Improvement is identified in the City's water system plan and
will increase the City's allowed pumping rates at Well 11. The Water System Improvement shall
be designed to City standards and meet the requirements set forth in Exhibit E which is attached
hereto and incorporated herein by this reference.
b) Developer will commence design only after city has secured the necessary easements
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11188220.7 - 366922 - 0020 5
and mapping of the augmentation route and location.
c) Once Developer has completed design of the Water System Improvement, Developer
shall assign all rights to the design to the City. All design costs will be eligible for a credit pursuant
to POMC 13.04.030 under a future agreement between the Parties as described in "d" below.
d) The Parties entered into a prior agreement for water facility improvements in 2022.
That agreement was titled the Water Capital Facilities Charge Credit Agreement (C048-22)
("Water Credit Agreement"). The Parish Creek Augmentation Station project is not included in
the Water Credit Agreement. The Parties agree to negotiate in good faith to amend the Water
Credit Agreement to provide credit for the design and possible construction of the Water
Improvements set forth in this Agreement.
Section 13. Existing Fees and Charges.
Reserved.
Section 14. Design Flexibility; Departures Granted. The City grants the following
design departures for this Development Project:
a) Lot Coverage (single family, Fourplex, Courtyard Apartments) (POMC
20.34.030). The following pervious solutions listed below shall be acceptable when impervious
percentage is not possible to remain under 80%. These departures are only granted to the extent
that the improvements meet ADA compliance.
1. Pervious Concrete
2. Porous Asphalt
3. Permeable Interlocking Concrete Pavers (PICP)
b) Parking (excess stalls) (POMC 20.38.270; POMC 20.124.100; POMC
20.124.150). Parking stalls on private property in excess of the minimum development code
requirements are exempt from POMC 20.124.100 and 20.124.150 but must be concrete, asphalt.
paver tile surface. or other similar paving.
c) Porch Standards (POMC 20.122.060). Porches & stairs can extend into the front
yard setback, provided at least 2 feet is maintained from the lot line, and no more than 20% of
buildings in any one contiguous streetseape is less than 3' from Right of Way, provided, however,
this departure shall not relieve the builder from any requirements of the building code. If there is
a conflict between the building code and this Agreement, the building code shall prevail.
d) Facade Variation (POMC 20.139.035.(3)(a).iii.B). The minimum alternative
elements to meet different facade elevations variation shall be 1.
e) Siding Materials (POMC 20.139.040.1.b). Board -and -batten siding without
masonry permitted on facades observable from any street or public space.
f) Detached Garages and Carriage Units (POMC 20.38.230). Detached garages
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11188220.7-366922 - 0020 6
and carriage units are permissible along the frontage on non-standard lots constrained by critical
areas or other limitations. The detached garage and carriage unit facade shall have a reduced side
street and primary set back of 2' to allow the necessary separation from the critical areas.
g) Transparency (Windows) (POMC 20.32.130 and 20.32.140). Thirty percent
(30%) minimum transparency in Commercial Storefront Zones and twenty percent (20%)
minimum transparency for nonresidential zones, commercial zones that are not in Commercial
Storefront Zones, and second stories in all zones.
Section 15. Default.
a) Subject to extensions of time by mutual consent in writing, failure or delay by either
party or Landowner not released from this Agreement, 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
or Landowner 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 or Landowner 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 or
Landowner 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 Port Orchard Municipal Code for violations of this
Development Agreement and the Code.
Section 16. Termination. This Agreement shall expire and/or terminate as provided
below:
a) This Agreement shall expire and be of no further force and effect if the development
contemplated in this Agreement and all of the permits and/or approvals issued by the City for such
development are not substantially underway prior to expiration of such permits and/or approvals.
Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the
City for any development.
b) This Agreement shall expire and be of no further force and effect if the Developer
does not construct the Project as contemplated by the permits and approvals identified in this
Agreement and submits applications for development of the Property that are inconsistent with
such permits and approvals.
c) This Agreement shall terminate upon the expiration of the term identified in Section
7, which expiration date is 5/19/2036 or when the Subject Property has been fully
developed, which ever first occurs, and all of the Developer's obligations in connection therewith
are satisfied as determined by the City. Upon termination of this Agreement, the City shall
record a notice of such termination in a form satisfactory to the City Attorney that the
Agreement has been terminated. This Agreement shall automatically terminate and be of no
further force and
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1 t 188220.7 - 366922 - 0020 7
effect as to any single-family residence_ any other residential dwelling unit or any non- residential
building and the lot or parcel upon which such residence or building is located, when it has been
approved by the City for occupancy.
d) Termination and Modification. Upon termination, any further development of the
property shall conform to the development regulations applicable to the property at the time of
permit application. The Developer understands that under POMC 20.25.020(7), the City is
prohibited from modifying this development agreement by extending the termination date. The
Developer further understands that any request for a modification shall be consistent with the city's
development regulations applicable to the property at the time of the request, not the original
execution date of this Development Agreement.
Section 17. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any
of the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
Section 18. Effects upon Termination on City. Upon any termination of this Agreement
as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no
longer be vested hereby with respect to the property affected by such termination (provided that
vesting of such entitlements, conditions or fees may then be established for such property pursuant
to the then existing planning and zoning laws).
Section 19. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement with all their rights, title and interests therein to any person, firm
or corporation at any time during the term ofthis Agreement with a sale of the underlying property.
The Developer shall provide the City with written notice of any intent to sell, assign, or transfer
all or a portion of the Subject. Property, at least 10 days in advance of such action.
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 Parties. The
Developer and every purchaser, assignee or transferee of an interest in the Subject Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and
shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property,
or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or
transferee shall observe and fully perform all ofthe duties and obligations of a Developer contained
in this Agreement, as such duties and obligations pertain to the portion of the Subject Property
sold, assigned or transferred to it.
Section 21. Amendment to Agreement; Effect of Agreement on Future Actions.
Modifications to this Agreement shall be in writing, signed by the duly authorized representatives
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11188220.7-366922 - 0020
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.
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
affecting the Subject Property during the next five years, as the City Council may deem necessary
to the extent required by a serious threat to public health and safety. Nothing in this Development
Agreement shall prevent the City Council from making any amendments of any type to the
Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to
the Subject Property five years from the anniversary date of the Effective Date of this Agreement.
Section 22. Releases. Developer, and any subsequent Landowner, 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 23. Notices. Notices, demands, and correspondence to the City and Developer
shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties
as designated in Section 5. Notice to the City shall be to the attention of both the City Administrator
and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City
only for those Landowners 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 24. 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
fess and reasonable staff and consultant costs not otherwise included within application fees. This
development agreement shall not take effect until the fees provided for in this section, as well as
any processing fees owed to the City for the project are paid to the City. Upon payment of all
expenses, the Developer 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 the Developer.
Section 25. Applicable Law and Attorneys' Fees. This Agreement shall be construed and
enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce
the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable
attorneys' fees and costs from the non -prevailing party. Venue for any action shall lie in Kitsap
County Superior Court or the U.S. District Court for Western Washington.
Section 26. 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 27. 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.
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11188220.7 -366922- 0020 9
Section 28. Developer's Compliance. The City's duties under the agreement are
expressly conditioned upon the Developer's or Property 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 Developer's/Property Owner's obligations as
identified in any approval or project permit for the property identified in this Agreement.
Section 29. 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, or similar state constitutional provisions.
Section 30. 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, and
damages awarded to the prevailing party or parties in such litigation. The 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 31. 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 Development Agreement by any Party in default hereof.
Section 32. Recording. This Agreement shall be recorded against the Subject 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 33. Severability. If any phrase, provision or section of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision
of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the
State of Washington which became effective after the effective date of the ordinance adopting this
Development Agreement, and either party in good faith determines that such provision or
provisions are material to its entering into this Agreement, that party may elect to terminate this
Agreement as to all of its obligations remaining unperformed.
[Signatures on Next Page]
Development Agreement — McCormick North
11188220.? - 366922 - 0O20 10
IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement
to be executed as of the dates set forth below:
McCORMICK COMMUNITIES, L
Its
CITY OF PORT ORCHARD
Robert Putaanssu
Its Mayor
ATTEST:
LAJ
Brandy Wallace. C-kte- City Clerk
MMe-
><
OVEDASTOF APPROVED AS TO FORM
Signed by:
Patri chneider Jennifer Robertson
rney for McCormick Comm ities City Attorney's Office
Development Agreement —McCormick North
11188220.7 - 366922 - 0020 11
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: i1Cy t3___ x 2026.
� ��t�ittttt#litrr�l ��
151224
Jenine Floyd Ze
^y MY APxintment Expires 4
1111512026
314 1[1111
Development Agreement — McCormick North
11188220.7 - 366922 - 0020 12
t
(print or type name)
NOTARY PUBLIC in and for the
State of ashington, residi at:
My Commission expires:
NOTARY BLOCK FOR McCORMICK COMMUNITIES, LLC
STATE OF WASHINGTON )
ss.
COUNTY OF : n d _
I certify that I know or have satisfactory evidence thatli•:e f.. 11 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 me -t✓
of McCormick Communities, 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: 4..i.' I \ , 2026.
S.1OPHER,Q1+it/
(J 22031
rn C
'1734
1/1 ac�o
1/1 p�
#,l, IVAS ' - '
Development Agreement — McCormick North
I 1 188220.7 -366922-0020
13
ClAr; c G. f#..J .)
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires
RECEIVED
PERMIT CENTER
EXHIBIT A
Mar 23, 2026
CITY OF PORT ORCHARD
COMMUNITY DEVELOPMENT
LEGAL DESCRIPTION OF PERIMETER OF AFFECTED PROPERTIES
ALL LOTS AND TRACTS OF MCCORMICK WOODS VILLAGE EAST,
ACCORDING TO THE PLAT RECORDED IN VOLUME 37 OF PLATS,
PAGE(S) 43-53, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH LOTS 1 AND 3, CITY OF PORT ORCHARD SHORT
PLAT NO. PO -155 (LU22-SP 01), RECORDED IN VOLUME 24 OF
SHORT PLATS, PAGE 152 THROUGH 153, UNDER AUDITOR'S FILE
NO. 202208230176, BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, SECTION 5, TOWNSHIP
23 NORTH, RANGE 1 EAST, W ., RECORDS OF KITSAP COUNTY,
WASHINGTON.
EXCEPT THAT PORTION CONVEYED TO THE CITY OF PORT
ORCHARD FOR SW BELLEVUE WAY, AS DESCRIBED IN RIGHT OF
WAY DEDICATION DEED RECORDED UNDER AUDITOR'S FILE NO.
202504230029.
ALL SITUATE IN KITSAP COUNTY, WASHINGTON.
LU25-Dev Agreement -03
RECEIVED
PERMIT CENTER
Mar 23, 2026
EXHIBIT B
List of Parcels
CITY OF PORT ORCHARD
COMMUNITY DEVELOPMENT
TTL t
r
r r I
r
5735-000-001-0000
1
5735-000-042-0001
42
5735-000-002-0009
2
5735-000-043-0000
43
5735-000-003-0008
3
5735-000-044-0009
44
5735-000-004-0007
4
5735-000-045-0008
45
5735-000-005-0006
5
5735-000-046-0007
46
5735-000-006-0005
6
5735-000-047-0006
47
5735-000-007-0004
7
5735-000-048-0005
48
5735-000-008-0003
8
5735-000-049-0004
49
5735-000-009-0002
9
5735-000-050-0000
50
5735-000-010-0009
10
5735-000-051-0009
51
5735-000-011-0008
11
5735-000-052-0008
...._ ..
52
5735-000-012-0007
12
5735-000-053-0007
53
5735-000-013-0006
13
5735-000-054-0006
54
5735-000-014-0005
14
5735-000-055-0005
55
5735-000-015-0004
15
5735-000-056-0004
56
5735-000-016-0003
16
5735-000-057-0003
57
5735-000-017-0002
17
5735-000-058-0002
58
5735-000-018-0001
18
5735-000-059-0001
59
5735-000-019-0000
19
5735-000-060-0008
60
5735-000-020-0007
20
5735-000-021-0006
21
5735-000-022-0005
22
5735-000-023-0004
23
5735-000-024-0003
24
5735-000-025-0002
25
5735-000-026-0001
26
5735-000-027-0000
27
5735-000-028-0009
28
5735-000-029-0008
29
5735-000-030-0005
30
5735-000-031-0004
31
5735-000-032-0003 32
5735-000-033-0002
33
5735-000-034-0001_
34
5735-000-035-0000
35
5735-000-036-0009
36
5735-000-037-0008
37
5735-000-038-0007
38
5735-000-039-0006
39
5735-000-040-0003
40
5735-000-041-0002
41
5735-000-061-0007
5735-000-062-0006
5735-000-063-0005
5735-000-064-0004
5735-000-065-0003
5735-000-066-0002
5735-000-067-0001
5735-000-079-0007
5735-000-069-0009
5735-000-070-0006
5735-000-071-0005
5735-000-072-0004
5735-000-073-0003
5735-000-074-0002
5735-000-080-0004
5735-000-075-0001
5735-000-076-0000
5735-000-077-0009
5735-000-078-0008
5695-000-084-0404
5695-000-084-0107
61 .._
62
63
64
65
66
67
Tract A
.......__...
Tract B
Tract C
Tract D
Tract E
Tract F
Tract G
Tract H
Tract I
Tract J
Tract W
Tract X
Wetlands
Resi West
.......................
LU25-Dev Agreement -03
Exhibit C
Final Plat Map
McCormick Woods Village East approved by Resolution No. 15-25
NOTE: This document, not being suitable for recording, is on file with the
City of Port Orchard under File No. LU25-Dev Agreement -03 McCormick
North Phase III
Exhibit D
Preliminary Plat Conceptual Map for
McCormick LU24-Plat-Prelim-01
NOTE: This document, not being suitable for recording, is on file with the
City of Port Orchard under File No. LU25-Dev Agreement -03 McCormick
North Phase III
Exhibit E
Design the Parish Creek Augmentation Station, located on City -owned property at 4871 SW
Old Clifton Road, Port Orchard, WA 98367 and proposed to cross parcels 072301-1-008-
2001 and 072301-1-009-2000 located to the west of the City -owned property. The facility
wilt be designed to provide controlled conveyance of supplemental water flows west
toward Parish Creek to support ecological function.
The augmentation station wilt be capable of delivering up to 250 gallons per minute (gpm)
of flow to the receiving system. The station wilt be connected to an existing source -water
supply tine and wilt include manual flow control (valve), metering, de -chlorination, and
conveyance infrastructure necessary to reliably introduce augmentation flows to Parish
Creek.