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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 The Recorder is required to use only the information 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 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DCO61854D 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. Docusign Envelope ID 3B46202 1-AO72-8096-80A3-1 D9DC061 B54D 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'. L'Ols esl�U Robert Putaansuu, Mayor ATTESST:gneby. 111011 Brandy Wallace, MMC, City Clerk `}}}11ti fit,ty �,•}Qo,Rr oRC%,,, O F444 APPROVED AS TO FORM: SEAL P�1Signed by. QVGUtV _ o . N �Ca. �%�9rA MSER:'' tuau�ollt "ii OFWA�`'" �'j"' } 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. Docusign Envelope ID: 38462021-AC72-8096-80A3-1D9DC061B54D 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 Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 1 of 16 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1 D9DC061 B54D 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 Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 2 of 16 Docusign Envelope ID: 38462021-AC72-8096-80A3-1 D9DC061 B54D 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. Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 3 of 16 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D 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 Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 4 of 16 Docusign Envelope ID: 38462021-AC72-8096-80A3-1 D9DC061 B54D 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: Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 5 of 16 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D 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. Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 6 of 16 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D 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' Development Agreement for Park and Open Space Mitigation McCormick Communities. LLC — Page 7 of 16 Docusign Envelope ID: 313462021-AC72-8096-80A3-1 D9DC061 B54D 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 Development Agreement for Park and Open Space Mitigation McCormick Communities, LLC — Page 8 of 16 Docusign Envelope ID: 3B462021-AC72-8096-80A3-1D9DC061B54D 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 ", P,R,,,,�,�,, A� 4c miu1M Mu ber 151224 m y ,le _—� nine FIoYd 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 f tr ✓� r sac +l as .-�► ..:' .per._.. -... -.. T''f � n •R; -fir y- a i+�r „� i l a _ 1 p: 'i W Jr 77f W^ � ,:." � •.' - ,'F yea ! +� r.'{� F i yY t eA tf' .t 1K Docusign Envelope ID,38462021-AC72-8096.80A3-1O9DC061B54D vewRCEn t Jun 12. 2(O6 ur. °f P°4t ORGNNM 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 : r _ ` ; H1 � ,.-'"t�„ r{� .. ...� t _ �-��1.-.�""i i.• ��_ . _�-'--_._ � ` ti"A'� •� i ST. ANDREWS PARK McCormick Woods June 16, 2026 LYUN- - LANDSCAPE AHCFt i? E('T5 Docusign Envelope ID: a&EQ,kc2ao96-@A3- 1 D9DC061B»D Exhibit G RECEIVED PERMIT CENTER Jun 22, 2026 CITY OF PORT ORCHARD COMMUNITY DEVELOPMENT 0 0 0 0 0 5 `. %■-\ k k� 4 ! E O \ k / 7 %/ ° � 7 k . ■ K g � /k }( ) / }$ I _ / `> � t � ■ 2 | f 7 � 13 { ! ; t - | � .. � . o § - - - - 00'O \ L « `® _ •1_ E 2E ` ` k\ "& () -U, U, /) 5 #; (\�f\ \ e� 0' | 4 ! 3 ? C / ! - { : ! § f ) \ ( . $ ! < , & 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.