HomeMy WebLinkAbout013-26 - Ordinance - Development Agreement with McCormick Communities, LLCCITY OF PORT ORCHARD
Ordinance Rec Fee $ 335.50
10/16/2026 11 17 AM
Paul Andrews. Kitsap Co Auditor
202610160089
Page. 1 of 33
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
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you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s):
Ordinance No. 013-26 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
Auditor's File Number of Document (s) Referenced: 202210050135
Grantor(s) person(s) that conveys, sells or grants interest in property:
City of Port Orchard
Grantee(s) person that buys, receives or to whom conveyance of property is made:
McCormick Communities, LLC
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
Port Orchard SP No. PO -155 (LU22-SP-01) AFN 202208230176
(additional legal descriptions on Exhibit A)
Assessor's 14 digit Tax Parcel Number: 5695-000-084-0107, 5696-000-134-0007
(additional parcel numbers listed on Exhibit A)
04/25/14
ORDINANCE NO. 013 -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 PARK AND
OPEN SPACE MITIGATION WITHIN 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 property within
the McCormick Urban Village, herein referred to as the "McCormick Property," as further
described in Exhibits A and B of the Development Agreement; and
WHEREAS, on June 11, 2026, the Developer submitted an application consistent with
Chapter 20.26 POMC and State law, and such Agreement has been processed accordingly; and;
and
WHEREAS, the Development Agreement governs park and open space mitigation for
several planning areas within the McCormick Urban Village, including McCormick Village
Residential East, McCormick Village West Residential, and Planning Areas F, H, and M
(collectively, the "Covered Planning Areas"); and
WHEREAS, the City finds that regional parks, trails, and open space already provided
within the McCormick Urban Village, together with the Mitigation Project and Public Benefit
Projects undertaken under the Agreement, provide a public benefit meeting or exceeding what
would be achieved through planning area -level compliance with POMC 20.100.130; and
WHEREAS, on June 29, 2026, the City's SEPA Responsible Official issued a Determination
of Non -Significance (DNS) for the proposed Development Agreement; and
WHEREAS, the City received four written comments in response to the SEPA
Determination of Non -Significance (DNS) issued for the proposed Development Agreement, and
those comments were reviewed and considered by the SEPA Responsible Official; and
WHEREAS, the SEPA Determination of Non -Significance (DNS) was not appealed within
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Ordinance No. 013-26
Page 2 of 3
the applicable appeal period and therefore became final; and
WHEREAS, the Port Orchard City Council held a duly noticed public hearing on August 11,
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
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.
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Ordinance No. 013-26
Page 3 of 3
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 11th day of August 2026.
Signed by'.
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Robert Putaansuu, Mayor
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Brandy Wallace, MMC, City Clerk
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APPROVED AS TO FORM:
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Charlotte A. Archer, City Attorney
PUBLISHED: August 14, 2026
EFFECTIVE DATE: August 19, 2026
EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD
AND MCCORMICK COMMUNITIES, LLC FOR PARK AND OPEN SPACE MITIGATION
WITHIN THE MCCORMICK URBAN VILLAGE.
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND
MCCORMICK COMMUNITIES, LLC
FOR PARK AND OPEN SPACE MITIGATION
WITHIN THE MCCORMICK URBAN VILLAGE
Contract No. 087-26
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 11 day of
August 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 "McCormick" or the "Developer." City and McCormick are each a "Party" and
together the "Parties" to this Agreement.
The Parties hereby agree as follows:
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local government and a person having ownership or control of real property within
its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use. and mitigation of the development of
the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(i));
and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code ("POMC"
or "Code"), which establishes the standards and procedures for Development Agreements in Port Orchard;
and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, McCormick has applied for a Development Agreement under Chapter 20.26 POMC
and such Agreement has been processed consistently with the POMC and State law; and
WHEREAS, this Development Agreement relates primarily to the development of property
commonly known as "McCormick North," "McCormick Woods," and "McCormick West," which together
comprise hundreds of acres of land presently or previously owned by McCormick within the McCormick
Urban Village (collectively, the "McCormick Property"), portions of which are the subject of this
Agreement as further described herein; and
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McCormick Communities. LLC — Page 1 of 16
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WHEREAS, over the course of decades of development of the McCormick Urban Village,
McCormick and its predecessors have constructed, dedicated, or otherwise made available to the public a
substantial system of regional parks, trails, and open space serving the McCormick Property and the
surrounding community, including without limitation the facilities depicted and described in Exhibits C
and D to this Agreement; and
WHEREAS, the Parties entered into that certain Development Agreement By and Between the
City of Port Orchard and McCormick Communities, LLC for the Development and Funding of Certain Park
Improvements and Park Impact Fee Credits, Contract No. 110-22, recorded with the Kitsap County Auditor
on October 5, 2022 under Recording No. 202210050135 (the "2022 Park Fee Agreement"), which governs
construction of certain Park Improvement Projects and the associated park impact fee credits; and
WHEREAS, nothing in this Agreement is intended to amend, modify, supersede, or otherwise
affect the 2022 Park Fee Agreement or the park impact fee credit framework established thereunder; and
WHEREAS, McCormick is currently pursuing or has recently obtained preliminary plat approval
for the following planning areas within the McCormick Urban Village: McCormick Village Residential
East (final plat approved by Resolution No. 015-25), McCormick Village West Residential (LU24-Plat-
Prelim-01), and Planning Areas F, H, and M (collectively, the "Covered Planning Areas"); and
WHEREAS, under POMC 20.100.130 and related provisions of POMC Title 20, residential
subdivisions consisting of ten or more dwellings are ordinarily required to provide on -site recreation and
open space at quantities and standards specified by the Code; and
WHEREAS, the Covered Planning Areas are situated within and immediately adjacent to a
network of regional parks, trails, and open space already constructed, dedicated, committed, or planned
within the McCormick Urban Village, including the Mary McCormick Park, Deer Park, McCormick
Village Park, St. Andrews Regional Park, the McCon-nick trail system, the regional multi -modal trails, and
the additional facilities identified in Exhibits C and D; and
WHEREAS, the City and McCormick agree that requiring fragmented, planning area -level on -site
recreation and open space within each of the Covered Planning Areas would produce smaller, less
functional, and less coordinated facilities than the regional system already in place, and that the public
interest is better served by recognizing the regional approach and securing additional regional mitigation in
lieu of planning area -level open space; and
WHEREAS, in consideration of the City's waiver of planning area -level on -site recreation and
open space requirements for the Covered Planning Areas, McCormick agrees to undertake (i) a Mitigation
Project consisting of the enhancement of a currently required regional park, the St Andrews Park in
McCormick Woods, which offsets the planning area -level on -site recreation that would otherwise be
required, and (ii) Public Benefit Projects consisting of an enhanced reforestation requirement applicable to
Planning Areas F, H, J, K, L, and M and the relandscaping of two open space tracts at the corners of Keppel
Loop SW within the plat of Eldon Trails, which provide additional public benefit beyond the mitigation
required to support the waiver; and
WHEREAS, the City finds that the regional parks, trails, and open space already provided within
the McCormick Urban Village, together with the Mitigation Project and Public Benefit Projects undertaken
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by McCormick under this Agreement, provide a public benefit that meets or exceeds the public benefit that
would be obtained through planning area -level compliance with the on -site recreation and open space
requirements of POMC 20.100.130 for the Covered Planning Areas; and
WHEREAS, nothing in this Agreement modifies the underlying zoning, density, dimensional
standards, or other land use regulations applicable to the Covered Planning Areas, except as expressly set
forth herein with respect to on -site recreation and open space requirements; and
WHEREAS, in consideration of the benefits conferred by this Agreement, which reflect the current
plans of both the City and McCormick, the Parties deem it in their best interests to enter into this Agreement;
and
WHEREAS, the City Council held a public hearing on August 11, 2026, regarding this Agreement;
and
WHEREAS, after a public hearing, by Ordinance No. 013-26, the City Council authorized the
Mayor to sign this Agreement with McCormick.
AGREEMENT
Section 1. McCormick Property and Covered Planning Areas. The legal description of the
McCormick Property is set forth in Exhibit A to this Agreement, which is attached hereto and incorporated
herein by this reference as if set forth in full. A map of the boundaries of the McCormick Property is shown
on Exhibit B to this Agreement, which is attached hereto and incorporated herein by this reference as if set
forth in full. The planning areas subject to the waiver granted under Section 2 of this Agreement (the
"Covered Planning Areas") consist of: (i) McCormick Village Residential East; (ii) McCormick Village
West Residential; (iii) Planning Area F; (iv) Planning Area H; and (v) Planning Area M, all as further
described and depicted in Exhibit B.
Section 2. Waiver of On -Site Recreation and Open Space Requirements. Subject to
McCormick's performance of its obligations under Section 3 of this Agreement, the City hereby waives the
on -site recreation and open space requirements set forth in POMC 20.100.130, and any related quantity,
location, and design requirements imposed under POMC Title 20 implementing the same, as those
requirements would otherwise apply to the Covered Planning Areas. The waiver granted in this Section is
granted on the basis of the public benefit findings set forth in the recitals above and is supported by the
regional parks, trails, and open space depicted and described in Exhibits C and D, and by the Projects
described in Section 3 and Exhibits E, F. and G.
a) Scope of Waiver. The waiver granted under this Section 2 applies only to the Covered Planning
Areas and only to the on -site recreation and open space requirements specified above. The
waiver does not exempt the Covered Planning Areas from any other requirement of POMC
Title 20, including without limitation street trees, landscaping, critical areas, stormwater,
transportation, or building design standards, nor does it exempt any subsequent development
of the Covered Planning Areas from compliance with applicable building, fire, or other
construction codes.
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b) No Effect on Park Impact Fees. Nothing in this Agreement modifies, supersedes. or otherwise
affects the park impact fee obligations of McCormick, the McCormick Successors, or any
subsequent owner of property within the McCormick Property, or the park impact fee credit
framework established under the 2022 Park Fee Agreement. The Projects described in Section
3 are undertaken as consideration for the waiver granted in this Section 2 and shall not generate
additional park impact fee credits under the 2022 Park Fee Agreement, POMC 20.182, or RCW
82.02.060.
c) Notation on Plats. Each final plat for the Covered Planning Areas shall include a notation
referencing this Agreement and its recording number, in form and substance acceptable to the
Director of Community Development.
Section 3. Mitigation Project and Public Benefit Projects. In consideration of the waiver granted
in Section 2, and as additional consideration for the regional approach to parks and open space within the
McCormick Urban Village, McCormick shall undertake the Mitigation Project described in Section 3(a)
below and the Public Benefit Projects described in Section 3(b) below.
a) Mitigation Project. The Mitigation Project consists of the enhancement of an existing park
(the "Enhanced Park") described in subsection (i) below. The Mitigation Project offsets the
planning area -level on -site recreation and open space that would otherwise be required for the
Covered Planning Areas under POMC 20.100.130 absent the waiver granted in Section 2.
i) Enhanced Park at McCormick Woods. McCormick shall design, permit, and construct
enhancements to the existing park located on the parcel identified by Kitsap County Assessor
Parcel Number 092301-1-009-2008 (the "Enhanced Park Parcel"), as further described in
Exhibit F.
A) Design Flexibility. The Parties acknowledge that the Enhanced Park Parcel is subject to
physical and contextual constraints, including topographic conditions and existing
improvements. The conceptual program for the Enhanced Park is intended to include onsite
parking, two (2) sets of play equipment serving younger and older children, two (2)
pickleball courts, a covered picnic area, and a perimeter walking trail with benches;
provided, however, that the final design, layout, and program elements of the Enhanced
Park shall be those approved by the Director consistent with the concept plan in Exhibit F
and the site constraints. Material changes from the Exhibit F concept plan that arise during
design as a result of site constraints. permitting requirements, or coordination with adjacent
property owners may be approved administratively by the Director and shall not require
amendment of this Agreement.
B) Ownership and Maintenance by HOA. The Enhanced Park Parcel is owned by
the McCormick Communities Homeowners' Association (the "HOA") and is maintained
by the HOA as common area. Following completion of the enhancements, the Enhanced
Park, including the enhancements, shall continue to be owned, operated, and maintained
by the HOA as common area of the HOA. McCormick, in its capacity as declarant under
the applicable governing documents of the HOA, shall use its declarant authority to ensure
that the enhancements are accepted by the HOA and remain subject to the HOA's perpetual
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maintenance obligation. McCormick shall provide the City with reasonable evidence of the
HOA's maintenance obligation with respect to the Enhanced Park upon request. The
Enhanced Park shall not be dedicated to the City, and the City shall have no ownership,
operational, or maintenance responsibility for the Enhanced Park.
C) Construction Standards and Permits. McCormick shall design and construct
the enhancements to the Enhanced Park to applicable City standards and shall obtain all
necessary permits from the City. such permits not to be unreasonably withheld or
conditioned. Prior to commencing construction, McCormick shall obtain the City's
approval of a concept -level plan for the Enhanced Park that is substantially consistent with
Exhibit F. Upon substantial completion of construction, McConnick shall provide the City
with written notice of completion. Notwithstanding the foregoing. the enhancements to the
Enhanced Park shall not be subject to the bonding, dedication, Bill of Sale, or City
acceptance procedures applicable to the McCormick Village Park improvements under the
2022 Park Fee Agreement.
b) Public Benefit Projects. The Public Benefit Projects consist of the enhanced reforestation
requirement described in subsection (i) below and the Eldon Trails relandscaping described in
subsection (ii) below. The Public Benefit Projects are undertaken by McCormick as additional
consideration for the waiver granted in Section 2 and provide public benefit to the McCormick
Urban Village and the surrounding community beyond the mitigation provided by the
Mitigation Project.
i) Enhanced Reforestation. McCormick shall implement the enhanced reforestation
requirement described in Exhibit E, which applies to Planning Areas F, H. J, K, L, and M.
In addition to any street tree required under POMC Title 20, one (I) additional tree from
the approved species list set forth in Exhibit E shall be planted in either the front or rear
yard of each lot following construction of the new home on that lot. McCormick
acknowledges and agrees that the enhanced reforestation requirement is a freestanding
obligation that runs with the land for the affected planning areas, and applies regardless of
whether a particular planning area is among the Covered Planning Areas receiving the
waiver under Section 2.
ii) Eldon Trails Relandscaping. McCormick shall design and complete
relandscaping of the two open space tracts located at the northwest and southwest corners of
Keppel Loop SW within the Eldon Trails planning area, as further described in Exhibit G. The
Parties acknowledge that the two tracts are owned by the HOA and that McCormick will
perform the relandscaping in its capacity as declarant under the applicable governing
documents of that association. McCormick shall obtain any consent or approval required from
the HOA prior to commencing the relandscaping work and shall provide the City with
reasonable evidence of such consent upon request.
Section 4. Definitions. As used in this Agreement, the following terms shall have the meanings
set forth below:
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a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as required by
RCW 36.70B.200 and Chapter 20.26 POMC.
b) "City" means the City of Port Orchard, Washington.
c) "Council" means the duly elected legislative body governing the City of Port Orchard.
d) "Covered Planning Areas" means the planning areas identified in Section 1 of this
Agreement.
e) "Director" means the City's Director of Community Development, or designee.
f) "Effective Date" means the effective date of the Adopting Ordinance.
g) "Enhanced Park" means the existing HOA-owned park located on the Enhanced Park Parcel
that is to be enhanced pursuant to Section 3(a)(i) and Exhibit F.
h) "HOA" means the McCormick Communities Homeowners' Association.
i) "McCormick" means McCormick Communities, LLC, a Washington limited liability company.
j) "McCormick Property" means the property identified in Exhibits A and B to this Agreement.
k) "McCormick Successors" means the builders to whom McCormick has sold or will sell lots
within the McCormick Property, including without limitation those identified in the 2022 Park
Fee Agreement and any successors thereto.
1) "Mitigation Project" means the enhancement of the Enhanced Park described in
Section 3(a)(i).
m) "Projects" means the Mitigation Project and the Public Benefit Projects, collectively.
n) "Public Benefit Projects" means the enhanced reforestation and Eldon trails relandscaping
described in Section 3(b).
o) "2022 Park Fee Agreement" means the Development Agreement by and between the City of
Port Orchard and McCormick Communities, LLC for the Development and Funding of Certain
Park Improvements and Park Impact Fee Credits, Contract No. 110-22, recorded under Kitsap
County Auditor Recording No. 202210050135.
Section 5. Exhibits. The following exhibits are attached to this Agreement and incorporated herein
by this reference as if set forth in full:
a) Exhibit A — Legal description of the McCormick Properties benefitted by this agreement. .
h) Exhibit B— Map of the McCormick Property and the Covered Planning Areas within Divisions
North, Woods, and West.
c) Exhibit C — McCormick Urban Village Park and Open Space Map.
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d) Exhibit D— Inventory of regional parks, trails, and open space facilities within the McCormick
Urban Village.
e) Exhibit E — Enhanced reforestation requirement, including approved species list.
f) Exhibit F — Enhanced Park at McCormick Woods: site map, conceptual plan.
g) Exhibit G — Eldon Trails Relandscaping scope of work.
h) Exhibit H — Schedule of performance for the Projects.
Section 6. Parties to Development Agreement. The Parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street, Port
Orchard, WA 98366.
b) "McCormick" or "McCormick Communities, LLC" is a private enterprise which owns the
majority of the McCormick Property in fee, and whose principal office is located at 6720 108t11
Ave NE. Suite 300, Kirkland, WA 98033.
c) "McCormick Successors" are the builders to whom McCormick has sold or will sell lots
within the McCormick Property. The McCormick Successors shall benefit from this
Agreement by receiving the benefit of the waiver granted under Section 2 with respect to lots
within the Covered Planning Areas, and shall be bound by the enhanced reforestation
requirement under Section 3(b)(i) and Exhibit E with respect to lots within Planning Areas F,
H, J, K, L, and M.
Section 7. Term of Agreement. This Agreement shall commence upon the Effective Date and
shall continue in force for a period of twenty (20) years unless extended or terminated as provided herein.
Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall
have no force and effect, except for such sections which are specifically intended to survive expiration or
termination.
Section 8. Projects Schedule. Subject to the City's issuance of all necessary permits and
approvals, McCormick shall undertake the Projects on the following schedule, as further detailed in
Exhibit H:
a) Enhanced Park (Section 3(a)(i)). The enhancement of the Enhanced Park shall be completed
prior to recording of the last of the three final plats for planning areas F, H and M; provided,
however, if, at the time the last of the three final plats for Planning Areas F, H, and M, is ready
for recording and the enhancement of the Enhanced Park has not been completed, the City shall
not withhold recording on the basis of incomplete Enhanced Park construction if McCormick
demonstrates that the delay is attributable to causes outside McCormick's reasonable control.
McCormick's obligation to complete the enhancement of the Enhanced Park shall continue,
but shall be tolled for the period of delay.
b) Eldon Trails Relandscaping (Section 3(b)(ii)). McCormick shall obtain the City's approval
of a concept -level plan consistent with Exhibit G, shall obtain any required homeowners'
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association consent, and shall complete the relandscaping work within one (1) year of the
Effective Date.
c) Enhanced Reforestation (Section 3(b)(i)). The enhanced reforestation requirement shall be
implemented on a per -lot basis as set forth in Exhibit E, with the additional tree planted within
the timeframe specified in Exhibit E following issuance of the certificate of occupancy for the
new home on each affected lot.
Section 9. Standards Applicable to Projects. McCormick shall design and construct the Projects
to comply with City standards, including obtaining all necessary permits, not to be unreasonably withheld
or conditioned by the City.
Section 10. Default. Subject to extensions of time by mutual consent in writing, failure or delay
by either Party to perform any term or provision of this Agreement shall constitute a default. In the event
of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default
or breach shall give the other Party not less than thirty (30) days' advance notice in writing, specifying the
nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day
period, the Party charged shall not be considered in default for purposes of termination or institution of
legal proceedings.
After notice and expiration of the thirty (30) day period, if such default has not been cured or is not
being diligently cured in the manner set forth in the notice, the other Party to this Agreement may, at its
option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an
action to enforce the City's Codes, and to obtain penalties and costs as provided in the POMC for violations
of the Code.
Section 11. Termination. This Agreement shall terminate upon the expiration of the term
identified in Section 8 or once all work is completed. At either Party's request upon termination of this
Agreement, the City shall record a notice of such termination in a form satisfactory to the Parties that the
Agreement has been terminated.
Section 12. Effect upon Termination on McCormick. Termination of this Agreement as to
McCormick shall not affect any of McCormick's respective obligations to comply with the City
Comprehensive Plan and the terms and conditions of any applicable zoning code(s) or other land use
entitlements approved with respect to the McCormick Property, or obligations to pay assessments, liens,
fees, or taxes. Termination of this Agreement shall not affect the running covenants imposed on lots subject
to the enhanced reforestation requirement under Section 3(b)(i) and Exhibit E with respect to lots for which
a certificate of occupancy has been issued prior to termination.
Section 13. Effect upon Termination on City. Upon any termination of this Agreement, the City
will be under no obligation to provide any further benefits, including any waiver under Section 2, with
respect to any lot or portion of the McCormick Property for which a final plat has not been recorded prior
to termination. Lots within the Covered Planning Areas for which final plats have been recorded prior to
termination shall continue to receive the benefit of the waiver granted under Section 2.
Section 14. Assignment and Assumption. McCormick shall have the right to sell, assign, or
transfer this Agreement with all rights, title, and interests therein to any person, firm, or corporation at any
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time during the term of this Agreement. If McCormick intends to sell, assign, or transfer this Agreement,
McCormick shall provide the City with written notice of intent to do so at least thirty (30) calendar days in
advance of such action; provided, however, that 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 City and McCormick, provided that the
McCormick Successors and their successors shall benefit from this Agreement by receiving the benefit of
the waiver granted under Section 2 with respect to lots within the Covered Planning Areas. McCormick
shall remain burdened by the requirement to undertake the Projects under Section 3 except by transferring
its portion of the McCormick Property and this Agreement pursuant to Section 19 below. The enhanced
reforestation requirement under Section 3(b)(i) and Exhibit E shall run with each affected lot in Planning
Areas F, H, J. K, L, and M and shall bind each subsequent owner of such lot.
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 City and McCormick, be consistent with Chapter 20.26
POMC, and. where considered substantive as determined by the Director, follow the same procedures set
forth in Chapter 20.26 POMC. However, nothing in this Agreement shall prevent the City Council from
making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map, or development
regulations. or to impact fees that affect the McCormick Property, or the properties owned by the
McCormick Successors, in the same manner as other properties, after the Effective Date of this Agreement.
Section 17. General Release. McCormick may free itself from further obligations relating to the
sold, assigned, or transferred property, provided that the buyer. assignee, or transferee expressly assumes
the obligations under this Agreement as provided herein, including the obligation to undertake any then -
incomplete Projects.
Section 18. Reimbursement for Agreement Expenses of the City. McCormick agrees to
reimburse the City for actual expenses incurred over and above fees paid by McCormick as an applicant
incurred by the City directly relating to this Agreement, including recording fees, publishing fees, attorneys'
fees, and reasonable staff and consultant costs not otherwise included within application fees. Upon
payment of all expenses, McCormick may request written acknowledgement of all fees. Such payment of
all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement
of charges to McCormick.
Section 19. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All disputes
arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the City and McCormick relating to this
Agreement, then these Parties shall meet and seek to resolve the dispute, in good faith, within
ten (10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director, Public Works Director, and/or the Mayor's designee and
any persons with information relating to the dispute, and McCormick shall send an owner's
Development Agreement for Park and Open Space Mitigation
McCormick Communities. LLC — Page 9 of 16
Docusign Envelope ID: 38462021-AC72-8096-80A3-1D9DCO61B54D
representative and any consultant or other person with technical information or expertise
related to the dispute.
h) Court. If the City and McCormick cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington. The non -prevailing Party in any action brought to enforce
this Agreement shall pay the other Party's expenses and reasonable attorneys' fees.
Section 20. 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 21. 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 22. McCormick's Compliance. The City's duties under this Agreement are expressly
conditioned upon McCormick's substantial compliance with each and every term, condition, provision,
and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations
and McCormick's obligations as identified in any approval or project permit for the property identified in
this Agreement.
Section 23. Limitation on City's Liability for Breach. Any breach of this Agreement by the City
shall give rise only to damages under state contract law and shall not give rise to any liability under Chapter
64.40 RCW. the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional
provisions.
Section 24. Third Party Legal Challenge. In the event the City's approval of this Agreement is
appealed under the Land Use Petition Act, Chapter 36.70C RCW, the City may elect to tender the defense
of such appeal to McCormick. In the event of such tender, McCormick shall hold the City harmless from
and defend the City from all costs and expenses incurred in the defense of such appeal.
Section 25. Specific Performance. The City and McCormick specifically agree that damages are
not an adequate remedy for breach of this Agreement, and that these Parties are entitled to compel specific
performance of all material terns of this Agreement by the Party in default hereof.
Section 26. Recording. This Agreement shall be recorded against the McCormick Property with
the real property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of the property and any successors in interest to such property.
Section 27. Severability. This Agreement does not violate any federal or state statute, rule,
regulation, or common law known; but if any provision is found to be invalid or in violation of any statute,
rule, regulation, or common law, the Parties will work together in good faith to determine which remaining
provisions in the Agreement remain viable and in effect.
Development Agreement for Park and Open Space Mitigation
McCormick Communities. LLC — Page 10 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
Section 28. 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 29. Written Notice. All written communications regarding enforcement or alleged breach
of this Agreement shall be sent to the City and McCormick in accordance with this Section. Notices,
demands, and correspondence to the City and/or McCormick (as applicable) shall be sufficiently given if
dispatched by pre -paid first-class mail to the addresses of the Parties as designated below. Notice to the
City shall be to the attention of both the City Clerk and the City Attorney. Notices to McCormick Successors
shall be required to be given by the City only for those McCormick Successors who have given the City
written notice of their address for such notice. The Parties hereto may, from time to time, advise the other
of new addresses for such notices, demands, or correspondence. Unless otherwise specified, any written
notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified
mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below:
MCCORMICK COMMUNITIES, LLC:
c/o The Cordillera Group, Inc.
Attn: James N. Tosti
218 Main Street PMB 771
Kirkland, WA 98033
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Copies shall also be transmitted to the City Clerk and City Attorney at the above address.
Section 30. 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 31. Covenant of Good Faith and Cooperation. The City and McCormick agree to take
further actions and execute further documents, either jointly or within their respective power and authority,
to implement the intent of this Agreement. Each Party covenants to use its best efforts and work
cooperatively in order to secure the benefits and rights under this Agreement. The Parties shall not
unreasonably withhold approvals or consents provided for in this Agreement. Each Party shall execute and
deliver to the other all further documents as are reasonably necessary to carry out this Agreement as may
be necessary to provide a Party with a full and complete enjoyment of its rights and privileges under this
Agreement.
Section 32. 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.
Development Agreement for Park and Open Space Mitigation
McCormick Communities. LLC — Page 11 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DC061 B54D
Section 33. Counterparts. This 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 counterpart
shall be deemed as an original as to the Party whose signature it bears, and all such counterparts shall
constitute one document.
Section 34. 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 relating to the subject matter of this Agreement. The entire agreement between the Parties
with respect to the subject matter hereunder is contained in this Agreement and the exhibits hereto. For the
avoidance of doubt, this Agreement does not amend, modify, or supersede the 2022 Park Fee Agreement,
which shall remain in full force and effect in accordance with its terms.
[Signature Page to Follow]
Development Agreement for Park and Open Space Mitigation
McCormick Communities. LLC — Page 12 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
ti
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
2026.
MCCORMICK COMNJJIITIES, LLC: CITY OF PORT ORCHARD:
By:,
Eric C
Its: M
ember
APP VEDA TO FORM:
Attorney for McCormick Communities. LLC
By:
Robert Putaansuu
Its: Mayor
APPMED AS TO FORM:
Q
[Charlotte Archer / Jennifer S. Robertson]
City Attorney's Office
WAUA(L
Brandy Wallace. MMC. City Clerk
[Notan' Blocks to Fo/lot+J
Development Agreement For Park and Open Space Mitigation
McCormick Communities. LLC — Page 13 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF K;+c≥ �7
certify that I know or have satisfactory evidence that Mr. Rob 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: ; 749 1, 2026.
Y ",
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A1Y'pPeintment Expires O
11/15/2028
(print or type name)
NOTARY PUBLIC in and for the State
of Washington, re
My Commission expires:��?
Development Agreement for Park and Open Space Mitigation
McCormick Communities, LLC — Page 14 of 16
Docusign Envelope ID: 38462021-AC72-8096-80A3-1D9DC061B54D
NOTARY BLOCK FOR MCCORMICK COMMUNITIES, LLC
STATE OF WASHINGTON )
) ss.
COUNTY OF _ )
I certify that I know or have satisfactory evidence that Eric Campbell is the person who appeared
before me. and said person acknowledged that lie signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Managing Member 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: 5-ep4&,Mb er 3 . 2026.
GIM iS
(print or type name)
NOTARY PUBLIC in and for the State
of Washington, residing at:
COL .l+, , ✓r4N_____
My Commission expires: Dj(Z(o
Development Agreement for Park and Open Space Mitigation
McCormick Communities. LLC — Page 15 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DC061 B54D
ATTACHED EXHIBITS
Exhibit A — Legal description of the McCormick Property.
Exhibit B — Map of the McCormick Property and the Covered Planning Areas within Divisions North,
Woods. and West.
Exhibit C — McCormick Urban Village Park and Open Space Map.
Exhibit D — Inventory of regional parks, trails, and open space facilities within the McCormick Urban
Village.
Exhibit E — Enhanced reforestation requirement, including approved species list.
Exhibit F — Enhanced Park at McCormick Woods: site map, conceptual plan.
Exhibit G — Eldon Trails Relandscaping scope of work.
Exhibit H — Schedule of performance for the Projects.
Development Agreement for Park and Open Space Mitigation
McCormick Communities, LLC — Page 16 of 16
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
Exhibit A
LEGAL DESCRIPTION:
PARCEL I:
RECEIVED
PERMIT CENTER
Jun 22, 2026
CITY OF PORT ORCHARD
COMMUNITY DEVELOPMENT
LOT 1. CITY OF PORT ORCHARD SHORT PLAT NO. PO -155 (LU22-SP-OI ). RECORDED IN VOLUME 24
OF SHORT PLATS. PAGES 152 AND 153, UNDER AUDITOR'S FILE NO. 202208230176; BEING A
PORTION OF TRACT FD -5. MCCORMICK WOODS NORTH PHASE III, DIVISION 2. ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 207, INCLUSIVE,
RECORDS OF KITSAP COUNTY. WASHINGTON.
APN: 5695-000-084-0 107
PARCEL 2:
TRACT IA (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN AMENDMENT OF
VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-134-0007
PARCEL 3:
TRACT 1 B (FUTURE DEVELOPMENT). MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN AMENDMENT OF
VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-134-0007
PARCEL 4:
PARCEL I OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16. TOWNSHIP 23 NORTH, RANGE 1 EAST. W.M., IN KITSAP COUNTY. WASHINGTON.
APN: 162301-1-019-2007
PARCEL 5:
PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY. WASHINGTON.
APN: 162301-1-020-2004
PARCEL 6:
PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418. BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE I EAST. W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-021-2003
LU26-Dev Agreement -02
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
PARCEL 7
PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION
9 AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 23 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 092301-4-002-2009
PARCEL 8:
RESULTANT TRACTS J. K. AND L OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 202603240086, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S
FILE NO. 202603240087, IN VOLUME 103 OF SURVEYS, PAGES 187, 188, AND 189, RECORDS OF KITSAP
COUNTY, WASHINGTON. BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER, THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER, SECTION 9. TOWNSHIP 23 NORTH, RANGE I EAST. W.M.,
IN KITSAP COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
APN: 092301-1-009-2008, 092301-4-005-2006, AND 092301-4-003-2008
PARCEL 9:
PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 9, TOWNSHIP 23 NORTH. RANGE 1 EAST. W.M., IN KITSAP COUNTY.
WASHINGTON.
APN: 092301-4-004-2007
PARCEL 10:
PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH. RANGE I EAST, W.M., IN
KITSAP COUNTY, WASHINGTON.
APN: 092301-1-005-2002
PARCEL 11:
TRACT A, MCCORMICK WOODS VILLAGE EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 37 OF PLATS, PAGES 43 THROUGH 53, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5735-000-079-0007
Docusign Envelope ID 3B462021-AC72-8096-80A3-1D9DC06IB54D
PARCEL 12:
TRACT B. MCCORMICK WOODS VILLAGE EAST. ACCORDING TO THE PLAT THEREOF. RECORDED
IN VOLUME 37 OF PLATS, PAGES 43 THROUGH 53. INCLUSIVE, RECORDS OF KITSAP COUNTY.
WASHINGTON.
APN: 5735-000-069-0009
PARCEL 13:
TRACT C, MCCORMICK WOODS VILLAGE EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 37 OF PLATS, PAGES 43 THROUGH 53, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5735-000-070-0006
PARCEL 14:
TRACT F, MCCORMICK WOODS VILLAGE EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 37 OF PLATS, PAGES 43 THROUGH 53. INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5735-000-073-0003
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McCormick Urban Village park and open space map
15
r 19
17
1. Mary McCormick Park
2. McCormick trail system
3. Deer Park
4. McCormick Village park
5. North Div 1 active open space
6. McCormick Woods Eldon Trails trail.
7. McCormick Woods Amherst active open space and trail.
8. McCormick North Div 2, 3 & 4 active open space
9. McCormick Trails Div 13 & 14 regional park.
10. McCormick Trails multi modal trail
11. McCormick Village pickle -ball court
12. McCormick Village Residential active open space
7
X Existing `
X Required
X Not Requiredt v Mitigation
13. McCormick Village commercial active open space.
14. McCormick Village north entrance
15. Big Pond Trail parking
16. McCormick Trails Div 16 regional park.
17. McCormick Trails Div 19 park
18. Proposed St Andrews park
19. McCormick Village Park south entrance
20. Proposed trail connection to Stetson Heights
21. Proposed St Andrews multi modal trail
22. Enhanced tree planting as mitigation
23. Enhanced St Andrews park as mitigation
24. Eldon Trails open space enhancement as mitigation
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
RECEIVED
PERMIT CENTER
Jun 23, 2026
CITY OF
EXHIBIT D COMMUNITY DEVELOPMENT
Summary of McCormick park and open spaces
Here is a list of the projects required as part of parks agreement. Projects are numbered to
match the overall open space exhibit and list of projects.
1. Mary McCormick Park (Existing) -1.7 -acre park located along McCormick Woods
Dr SW that includes:
a. play equipment
b. basketball
c. picklebalt
d. and tennis courts
e. onsite parking
2. McCormick trait system (Existing) — over 2 miles of maintained traits winding
through approximately 150 acres of largely undisturbed forest land including
wetlands, ponds and connecting McCormick Village Park at Old Clifton Rd to Big
Pond Park at SW Lake Floral Rd.
3. Deer Park (Existing) -1.5-acre park located along McCormick Woods Dr SW that
includes:
a. basketball court
b. soccer field.
4. McCormick Village Park (Existing) - A 40- acre park located along Old Clifton Rd at
the intersection of Old Clifton Road and McCormick Village Dr. Amenities include:
a. forested trails
b. play equipment for old and young children.
c. Children's water feature
d. Restrooms
e. Fenced in dog park area
f. Onsite parking
5. North Div 1 active open space (Existing)- 0.2 -acre open space area including:
a. Landscaped walkway
b. Benches
c. Grassed open space.
6. McCormick Woods Eldon Trails trail (Existing) — 5.6 -acre open space tract
including:
a. Full landscaping
LU26-Dev Agreement -02
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
b. Approximately'/a mile maintained gravel trail
7. McCormick Woods Amherst active open space and trait (Existing) - 6 acres of
open space including:
a. 4 acres of undisturbed forest with footpath.
b. 0.5 acre landscaped open space with benches and grassed open space.
8. McCormick North Div 2, 3 & 4 active open space (Existing) - A total of 1 acre of
open space including:
a. 1 acre of landscaped open space spread between the divisions that include
benches, walkways and grassed play areas.
9. McCormick Traits Div 13 & 14 regional park (Not required). - A 1.8 -acre park
including:
a. A landscaped play area with play equipment
b. A covered picknick area
c. Separate play equipment for young and old children
d. Basketball court
e. Two pickleball courts
f. Dog walking trail.
10. McCormick Trails (West) multi modal trail (Not required) - 2.5 miles of
landscaped 8-12' wide walkway surrounding the interior of the McCormick Trails
development.
11. McCormick Village pickle -ball court (Not required)- A total of 8 acres serving the
McCormick North residential area contiguous with the NE section of McCormick
Village Park including:
a. A 1 -acre pickleball facility
b. Another 7 acres of forested open space adjoining McCormick Village Park.
12. McCormick Village Residential active open space - Approximately 1 -acre of
passive and active open space to be converted into all passive open space with this
agreement.
13. McCormick Village commercial active open space (Not required). Approximately
1.5 -acres of active and passive open space including:
a. 1 -acre of landscaped and hardscaped active open space surrounding the
interior pedestrian only commercial frontages.
b. Another 0.5 -acres of landscaped open space surrounding the commercial
development.
14. McCormick Village north entrance - An ADA accessible walkway into McCormick
Village regional park. Seed item 11 above.
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DC061 B54D
15. Big Pond Trail parking - on street parking along Gleneagle Ave. SW for access to
the Big Pond trail system.
16. McCormick Traits Div 16 regional park (Not required) - A 1.5 -acre park including:
a. Play equipment for you and older children.
b. A basketball half court.
c. Two pickleball courts.
d. A covered picknick area.
e. A large, grass playfield.
17. McCormick Traits enhanced sidewalk and landscape strip (Not required) -
Approximately 1 mile of widened landscaped strip and meandering walkway with
trees and full landscaping situated along internal roadways within the south half of
McCormick West. This has been added to allow an enhanced pedestrian corridor
from the Big Pond park trail to the multi modal trail looping through McCormick
West and to visually enhance this section of the development.
18. Proposed St Andrews Park (required) - Approximate 3 -acre park located along St
Andrews drive opposite Planning area K. Required as part of the McCormick Woods
Div 5 preliminary plat ( 2007). Concept includes:
a. Play equipment
b. Sports court
19. McCormick Village Park south entrance (required) — Parking lot and a new access
path from the parking area into McCormick Village regional park located just north
of McCormick Village Dr RAB.
20. Proposed trail connection to Stetson Heights as mitigation - Approximately
1,000 If of new pedestrian walkway that will complete the trail connection from Old
Clifton Rd at the NE corner of McCormick Woods and the development of Stetson
Heights.
21. Proposed St Andrews multi modal trait as mitigation - Approximately one mile of
8'-1 2'wide paved and landscaped pedestrian trail paralleling the new section of St
Andrews Dr SW starting at at Eldon Trails and completing the connection to
McCormick Woods Dr SW at the SW Dunraven intersection. This trail will allow
comfortable pedestrian travel to the new reginal St Andrews park.
22. Enhanced tree planting as mitigation - All new development in McCormick
Woods, including Planning Areas F, H, J, K, L and M will be required to plant one
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D
additional tree per lot from a list of approved species in either the front or rear
yards.
23. St Andrews Park enhancement as mitigation- Enhancement of the St Andrews
park noted above. Concept now includes:
a. Onsite parking lot.
b. Play area / equipment for young and older children.
c. Covered picknick area
d. Two pickleball courts.
e. Perimeter walking trail and benches
24. Eldon Trails open space enhancement as mitigation- Landscaping of existing
open space tract within the plat of Eldon Trails.
Docusign Envelope ID: 38462021-AC72-8096-80A3-1D9DC061B54D
RECEIVED
PERMIT CENTER
Jun 22, 2026
EXHIBIT E CITY OF PORT ORCHARD
COMMUNITY DEVELOPMENT
REFORESTATION TREE SPECIES
• Evergreen
Fir
Pine
Blue Spruce
Western Red Cedar (we have had issues getting
these to do well but it should probably be on the
approved list)
• Deciduous
Autumn Blaze Maple
Armstrong Maple
Gold Maple
Pacific Sunset Maple
Snow Goose Cherry
Dogwoods (Cornus Kousa)
Sweet Gum
Katsura Tree
Japanese Maple
Akebono Cherry Tree
Yoshino Cherry
Kwanzan Cherry
Red Bud
LU26-Dev Agreement -02
-22,
Exhibit F
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ST. ANDREWS PARK
McCormick Woods
June 16, 2026
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Docusign Envelope ID: a&EQ,kc2ao96-@A3- 1 D9DC061B»D
Exhibit G
RECEIVED
PERMIT CENTER
Jun 22, 2026
CITY OF PORT ORCHARD
COMMUNITY DEVELOPMENT
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LU26-Dev Agreement -02
Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DC061 B54D
EXHIBIT H
Schedule of performance for the Projects
New St Andrews Park —The enhanced St Andrews Park shall be constructed prior
to recording of the 150th new lot in the McCormick Woods development area. This
timeline replaces that listed in section 6 / 3A of the Amendment of Development
Agreement, McCormick Woods Phases III, IV and V Preliminary plats.
2. McCormick Woods reforestation -the additional tree planting shall be required
with every new plat in the McCormick Woods development area. The additional tree
planting shall be a requirement of the final plat and trees will be required to be
planted on each new lot at completion of new home construction.
3. Eldon Traits open space tract Landscaping - Additional landscaping of the
identified open space tracts in Eldon Trails shall be completed prior to recording of
the first new plat in the McCormick Woods development area.
4. South Entrance to McCormick Village Park Via McCormick Village Dr - The
second, south access into the McCormick Village park via McCormick Village Dr.
will be constructed and accepted by the city prior to recording of the last phase of
the McCormick Village Overlay district or prior to December 1St of 2028, whichever
comes first.