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04/17/2018 - Work Study - Packet City of Port Orchard Council Work Study Session April 17, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. BUSINESS ITEMS A. Citizen Comments B. Approval of an Agreement with Winward McCormick LLC for the Equitable Consideration and Construction of the McCormick Woods Lift Stations 1 and 2 (Dorsey) Page 3 3. DISCUSSION ITEMS A. Municipal Court Update (Drury) Estimated Time: 15 Minutes B. Ban on Retail Sale of Puppies and Kittens from Mill Breeders (Bond) Estimated Time: 15 Minutes Page 47 4. ADJOURNMENT Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Debbie Hunt Court Administrator Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 This Page Intentionally Left Blank City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 2B Meeting Date: April 17, 2018 Subject: Approval of an Agreement with Winward Prepared by: Mark R. Dorsey, P.E. McCormick LLC for the Equitable Public Works Director Consideration and Construction of the Atty Routing No.: 093-16 McCormick Woods Lift Stations 1 and 2 Atty Review Date: April 4, 2018 Summary: The City has determined that there is a need to upgrade the McCormick Woods Lift Stations #1 and #2 to increase sewer capacity for that area and has negotiated an agreement with Winward McCormick LLC (Developer) to address that need. Pursuant to the Municipal Water and Sewer Facilities Act, Chapter 35.91 RCW, and subject to the provisions outlined in RCW 35.91.020 (Contracts with Owners of real estate for water and sewer facilities), and upon request by the Developer to enter into an agreement for the equitable consideration and construction of McCormick Woods Lift Stations #1 & #2 including rehabilitation and expansion, the City has taken the required step of determining the equitable share of each lift station for both the City and the Developer in accordance with state law. Given the Developer’s need to increase the capacity of the existing lift stations; the timeline in which the Developer would like to proceed; and the City’s need to rehabilitate the existing lift stations for the benefit of the existing rate payers, both parties’ objectives can be satisfied by this agreement, whereby each party’s responsibilities are clearly defined and supported by the appendices attached to the proposed agreement. Recommendation: Staff recommends that the City Council authorize the Mayor to execute an Agreement with Winward McCormick LLC for the McCormick Woods Lift Stations #1 & #2 Upgrade. Relationship to Comprehensive Plan: Chapter 7.5 – Future Sewer System Needs, Projects #3 & #4. Motion for Consideration: I move to authorize the Mayor to execute an Agreement with Winward McCormick LLC for the McCormick Woods Lift Stations #1 & #2 Upgrade. Fiscal Impact: The current budget and comprehensive plan accounts for the design and rehabilitation of McCormick Woods Lift Stations #1 & #2. As the Developer will now construct Lift Station #1, the City will scope the new expanded Lift Station #2 to determine costs. The current Biennial Budget has sufficient funding for the design of Lift Station #2 and construction cost will need to be included in the 2019 – 2020 budget. Alternatives: N/A Attachments: Agreement. Page 3 of 54 This Page Intentionally Left Blank Page 4 of 54 CITY OF PORT ORCHARD MCCORMICK WOODS LIFT STATIONS #1 & #2 UPGRADE AGREEMENT RE: Agreement for the terms of the McCormick Woods lift stations #1 & #2 upgrades to expand sewer service capacity in order to meet the full buildout of the McCormick Woods area, and to provide reliable service to the existing sewer customers. THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of April 2018, by and between the City of Port Orchard, a Washington municipal corporation, by its City Council and Mayor, hereinafter the “City,” and Windward McCormick LLC, a Washington limited liability company (“McCormick”) on behalf of itself and the Current Owners (as defined below). PURPOSE: WHEREAS, McCormick is the managing member of those limited liability companies that are the current owners and developers (the “Current Owners”) of the remaining undeveloped portions of that certain property within the City of Port Orchard hereinafter referred to as the “McCormick Property.” The McCormick Property is legally described in Exhibit A. Exhibit A also identifies the three developments that comprise the McCormick Property (McCormick Woods, McCormick North and McCormick West), the Planning Areas that comprise the remaining undeveloped portions of McCormick Woods, and the Current Owners. The McCormick Property is shown on the City’s sewer basin map, dated April 2017, attached hereto as Exhibit B; and WHEREAS, the predecessors in interest to the Current Owners obtained certain letters from the City relating to sewer service for the McCormick Property as it was approved for development, dated February 3, 2003; August 26, 2005; and May 8, 2009, all of which are attached hereto as Exhibit C. McCormick and the City disagree as to the nature and import of these letters; however the Parties have been working closely to address the issues of fair, equitable and timely provision of sewer service for the McCormick Property. This Agreement is intended to resolve these issues and hereby supersedes and replaces these letters; and WHEREAS, the McCormick Property lies within a sewer basin served by McCormick Lift Station #1 & McCormick Lift Station #2. All of the McCormick Property is served by Lift Station #1. The portions of the McCormick Property also served by Lift Station #2 are McCormick West, McCormick North and McCormick Woods Planning Areas A, B and C (all hereinafter referred to as the “McCormick LS2 Areas”). All of the McCormick Property is governed by the Exhibit B sewer basin map; and WHEREAS, McCormick Lift Stations #1 & #2 are not sized to handle the increase effluent flow generated by the new McCormick development which is planned for the McCormick Property; and Page 5 of 54 2 WHEREAS, the City of Port Orchard adopted its Sewer Comprehensive Plan in June of 2016, which identified the need to rehabilitate Lift Station #1 and Lift Station #2; and WHEREAS, the planned development of the McCormick Property necessitates an increase of existing sewer capacity; and WHEREAS, the City’s portion and McCormick’s portion, as determined by the McCormick Woods Wastewater Analysis, dated March 15, 2018, are generally equal both in cost and firm capacity to be used, for each of the new lift stations; and WHEREAS, rather than enter into an agreement for sharing the cost for each of the new lift stations, McCormick, in accordance with RCW 35.91.020, has requested that the City enter into an agreement for McCormick to expand and replace Lift Station #1, at its sole expense, to serve McCormick’s planned development and for the City to agree to expand and replace, at its sole expense, Lift Station #2, in order to clearly identify each party’s financial and equitable contributions; and WHEREAS, the expanded capacity for Lift Station #1 is not expected to serve any new development other than the development planned for the McCormick Property; NOW, THEREFORE, The City and McCormick enter into this Agreement to document the rights and responsibilities of the parties for the completion, delivery and operation of: (a) the new McCormick Woods Lift Station #1 (hereinafter “LS1”) to serve the new development on the McCormick Property; and (b) the new McCormick Woods Lift Station #2 (hereinafter “LS2”). Both parties accept this Agreement as equitable consideration for the purposes set forth herein and as consistent with State and Local law. A. Parties’ Lift Station Work Responsibilities: 1. Interim Upgrades – McCormick will be responsible for installing a temporary portable rented backup pump system to the standards outlined in the design memo by BHC Consultants (acting at the direction of the City), dated March 19, 2018 (hereinafter “Interim Upgrades Memo”), attached hereto as Exhibit D (hereinafter “Interim Upgrades”). McCormick will submit to the City a plan for the Interim Upgrades (the “Interim Upgrade Plan”) that satisfies the City’s requirements and specifications no later than April 16, 2018. The City will approve the Interim Upgrade Plan upon receipt of a complete set of plans, details, drawings and specifications, and barring significant design or application deficiencies, within ten (10) business days of its submittal to the City. The Interim Upgrades shall be installed, tested, and fully functional no later than June 1, 2018 (or 30 days after approval by the city, whichever comes later). McCormick is solely responsible for keeping this temporary system in place and running until the LS1 replacement lift station is online and functional, at which Page 6 of 54 3 time McCormick shall remove the Interim Upgrades. These Interim Upgrades are intended to pump the existing sewer effluent and the additional effluent from 226 lots within McCormick Woods Planning Areas D and E developments only. Any permits issued by the City outside of the McCormick Property shall not count against the 226 reserved for the McCormick plats. The City will not issue building permits for any other sewer service applicants within the McCormick plats that contribute effluent to LS1 until the Substantial Completion of the LS1 Replacement. McCormick agrees to this condition and hereby explicitly waives any and all rights it may have to challenge the denial of any permit that is denied on this basis. McCormick has retained as its contractor R.V. Associates Inc. (RV) to implement the Interim Upgrade. RV will obtain from the supplier of the portable pump system a service commitment that confirms the Interim Upgrades will perform as specified in the Interim Upgrades Memo and identifies the City as a beneficiary of the service commitment. In addition, in the event of a failure of the Interim Upgrade that results in the City needing to clean up spilled effluent, McCormick agrees to: (a) reimburse the City for any and all expenses associated with such clean up; (b) reimburse the City for any and all fines levied by the Department of Ecology or the Kitsap Health Department; and (c) indemnify and hold the City harmless from any and all liability resulting from the same. 2. LS1 Replacement – McCormick agrees to design, permit and construct at its sole expense a replacement to LS1 (the “LS1 Replacement”), that complies with the standards and capacity as set forth on Exhibit E, dated May 7, 2017 (hereinafter “Design Memo”). The parties agree that the LS1 Replacement, built to the specifications in the Design Memo, will be adequate to serve the proposed development of the McCormick Property. The City shall grant access to the existing lift station and public right-of-way (ROW) to perform this work pursuant to a ROW use permit. The City shall issue the ROW use permit once a complete application has been submitted and approved. The City shall promptly review such submittal, and shall approve the ROW use permit application within ten (10) business days. All work within the ROW shall fully satisfy the requirements in Port Orchard Municipal Code Section 12.04 and the City’s ROW use permit process. In accordance with RCW 35.91.020, the LS1 Replacement shall be constructed according to plans and specification approved by the City. The parties agree that the requirements of Chapter 35.91 RCW relating to reimbursement of costs do not apply to this Agreement, as the LS1 Replacement benefits only the McCormick Property, and the parties have reached an equitable agreement regarding the sharing of costs. The following timeline shall govern McCormick’s LS1 Replacement work: a. 95% design submittal to the City by June 1, 2018; b. City comments on 95% design submitted to McCormick within fifteen (15) business days, or by a later date as approved in writing by McCormick; Page 7 of 54 4 c. 100% design (including estimated construction costs) submittal to the City by July 16th, 2018; d. City approval and written authorization to McCormick to begin site work by July 23rd, 2018, and to begin construction work upon the City’s approval of the LS1 design as promptly as practicable thereafter; e. Substantial Completion of LS1 Replacement by January 4th (“Substantial Completion” or “Substantially Completed” means functional at full design capacity, including backup requirements and site security, including but not limited to appropriate fencing); and f. City punch list of items for repair or correction to McCormick by February 15, 2019. The LS1 Replacement construction work shall be secured by a Performance Bond at 150% of the estimated construction costs. Construction shall be inspected by the City. McCormick shall request verification of Substantial Completion by the City via a formal written request. McCormick will proceed expeditiously with correcting all items identified in the City’s punch list. Upon McCormick’s satisfactory completion of the punch list items, the City will provide written approval of the LS1 Replacement and, within five (5) business days thereafter McCormick shall transfer the improvements to the City by executing a bill of sale, at no cost to the City. The City’s final approval of LS1 shall be conditioned upon receipt from McCormick of three (3) copies of as-builts, a copy of the DWG files for the project, and a two (2) year Maintenance Bond at 20% of the construction costs, which shall be effective upon the City’s release of the Performance Bond. Upon acceptance of the bill of sale, the City shall release the Performance Bond and shall accept full responsibility for the LS1 Replacement, except for those maintenance obligations of McCormick secured by the two-year Maintenance Bond. 3. LS2 Replacement – The City of Port Orchard agrees to design, permit and construct at its sole expense the replacement for LS2 (the “LS2 Replacement”). The parties agree that the LS2 Replacement shall be designed and constructed with adequate capacity to serve full build-out of the McCormick Property. The City agrees to begin construction of LS2 Replacement by May 1, 2019 and that the LS2 Replacement will be Substantially Completed by January 2, 2020. Because the City’s portion and McCormick’s portion of the the LS1 Replacement and the LS2 Replacement, as determined by the McCormick Woods Wastewater Analysis, dated March 15, 2018, are generally equal both in cost and firm capacity to be used, and because the parties have agreed, instead of sharing the costs of each lift station replacement, for McCormick to construct, at its sole cost, the Interim Upgrade and the LS1 Replacement, and for the City to construct, at its sole cost, the LS2 Replacement, the City agrees that it shall not seek any reimbursement from the McCormick Property for the costs of the LS2 Replacement. The City further agrees that it shall not increase the Capital Facilities Charge (CFC) for sewer applicable to the McCormick Property to pay for the LS2 Replacement. Page 8 of 54 5 4. ERU Limitations, Understandings and Waiver of Claims a. The Parties agree that, by McCormick installing the Interim Upgrade to LS1, there are 226 additional sewer equivalent residential units (ERU) available until Substantial Completion of LS1 Replacement and these 226 ERUs shall be limited to use by Parcel D and Parcel E of McCormick Woods. These 226 ERUs include the 75 ERUs that were referenced in the ERU memo, dated May 24, 2017, provided by the City to McCormick, attached hereto as Exhibit F; b. The Parties agree that, until the City completes the LS2 Replacement, there are 148 additional sewer ERUs available at LS2 to serve the McCormick LS2 Areas. These 148 ERUs are independent of and unrelated to the 226 ERUs related to LS1 identified in Section 4.a and shall be limited to use by development within the McCormick LS2 Areas. c. The Parties agree that, by McCormick installing the LS1 Replacement and the City installing the LS2 Replacement, sufficient sewer ERUs will be available to serve the full build-out of all the McCormick Property. d. McCormick understands the number of ERUs available to serve the McCormick Property until the LS1 Replacement and the LS2 Replacement are Substantially Completed are as set forth in Section 4.a. and 4.b. above. McCormick waives any claims against the City for the City’s inability to serve the McCormick Property with sewer connections beyond these numbers of ERUs; provided that such waiver shall not apply in the event the City fails to Substantially Complete the LS2 Replacement by January 2, 2020. e. The basis for the Parties’ agreement regarding the equitable division of labor for the work covered by this Agreement is memorialized in the BHC Technical Memorandum, dated March 14, 2018 and the Port Orchard Technical Memorandum, dated March 15, 2018, attached hereto as Exhibits G & H, respectively. B. General Provisions: 1. Other Agreements. This Agreement replaces and renders void the agreement between McCormick and the City known as Contract No. 071-17, dated November 28, 2017. Nothing in this Agreement voids or invalidates any other agreements between the City and McCormick unless expressly stated in this Agreement, or in an amendment to this Agreement executed by both parties. This Agreement relates to the provision of sewer services only, and does not address any issues concerning the availability of any other utility to serve the McCormick Property or the responsibilities for installation of or payment for any other utility infrastructure. Page 9 of 54 6 2. Indemnification / Hold Harmless. McCormick shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of McCormick and the City, its officers, officials, employees, and volunteers, McCormick’s liability hereunder shall be only to the extent of McCormick’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes McCormick’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 3. Insurance. McCormick or its contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by McCormick, their agents, representatives, employees or subcontractors as outlined on Exhibit I attached hereto and incorporated herein by this reference as if set forth in full. 4. Relationship of the Parties. This Agreement does not establish McCormick as the agent or legal representative of the City for any purpose whatsoever. 5. Assignment. McCormick shall have the right to assign this Agreement upon written approval by the City, which approval shall not be unreasonably withheld. McCormick will give the City at least thirty (30) days’ prior written notice of any intent to make such assignment. 6. Notices. All notices and correspondence to be sent pursuant to this Agreement shall be sent to the Parties at the following addresses: McCormick: City: James Tosti City Clerk Windward McCormick LLC City of Port Orchard 805 Kirkland Ave., Suite 200 216 Prospect Street Kirkland, WA 98033 Port Orchard, WA 98366 Each party is responsible for providing the other with a valid mailing address throughout the duration of this Agreement, and shall have the right upon prior written notice to the other party to change its address. Page 10 of 54 7 7. Termination. This Agreement shall remain in force and effect from date on which it is executed by the Parties, until the LS2 Replacement has been completed , or until this Agreement is terminated in a writing signed by both the City and McCormick, whichever occurs first. 8. Binding Nature. This Agreement is binding upon the heirs, executives, administrators, successors and assigns of the Parties. This Agreement shall not be modified, terminated, or amended except in a writing signed by both Parties. This Agreement shall be filed and recorded with the Kitsap County Auditor as required by RCW 35.91.020(1)(a) at the expense of McCormick. 9. No Waiver or Third Party Beneficiary. No waiver of full or complete performance by either Party shall be construed or operate as a waiver of any other default, breach, or failure to perform any of the terms, covenants, or conditions of this Agreement. This Agreement is made and entered into for the sole protection and benefit of McCormick and the City, and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10. Exhibits. All exhibits referred to in this Agreement are by this reference made a part of this Agreement as though set forth in full. 11. Further Action. The Parties agree to cooperate and to execute all further documents, applications and other instruments required to carry out the purposes of this Agreement, including but not limited to compliance with applicable SEPA and other environmental and land use development rules and regulations relating to the construction of the LS1 Replacement. 12. Severability. The unenforceability, invalidity, illegality or termination of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal, and shall not terminate this Agreement or impair the rights or obligations of the Parties. Notwithstanding any other limitation in this Agreement, the City reserves the authority to impose reasonable new or different requirements under this Agreement, to the extent required by a demonstrated serious threat to public health or safety. 13. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action with respect to this Agreement shall be brought in Kitsap county Superior Court. 14. Expediting Work. Time is of the essence in completing the Interim Upgrades, the LS1 Replacement and the LS2 Replacement. 15. Counterparts. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original, and all of which taken together shall constitute one and the same Agreement. Page 11 of 54 Page 12 of 54 Page 13 of 54 EXHIBIT A Legal Descriptions for and Current Owners of the McCormick Property McCormick Woods Remaining Development Areas Planning Area A: Owner: Amherst Holdings LLC Legal Description: RESULTANT PARCEL A OF CITY OF PORT ORCHARD BOUNDARY LINE ADJUSTMENT NO. L-1078, BEING A SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201512020024, IN VOLUME 81 OF SURVEYS, PAGES 199 - 201, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Parcel No. 042301-3-010-2006 Planning Area B: Owner: Bristol McCormick Holdings LLC Legal Description: TRACT C (FUTURE DEVELOPMENT) MCCORMICK WOODS SECOND AMENDMENT ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE; BEING AN AMENDMENT OF VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE; ALL RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON. Parcel No. 6031-000-131-0002 Page 14 of 54 Planning Area C: Owner: Cal-Security holdings LLC Legal Description: RESULTANT PARCEL 2 OF DECLARATION OF SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 201602190050, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201602190049, IN VOLUME 82 OF SURVEYS, PAGES 25 AND 26, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, AND A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Parcel No.: 092301-2-003-2002 Planning Area D: Owner: Legal Description: See final plats of Elden Trails Parcel No.: See final plats of Elden Trails Planning Area E: Owner: McCormick Development Corp Legal Description: PARCEL 8 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, Page 15 of 54 ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N 28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS "C", "M" AND "E" OF SAID PLAT, Parcel No.: 092301-1-006-2001 Planning Area F: Owner: Franklyn Security Holdings LLC Legal Description: PARCEL 7 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N 28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS " Parcel No.: 092301-1-005-2002 Planning Area H: Owner: Highmark McCormick Investments LLC Legal Description: PARCEL 6 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT 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, ALL IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST Page 16 of 54 QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PL Parcel No. 092301-4-004-2007 Planning Area J & K: Owner: Jupiter Investors LLC Legal Description: RESULTANT LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200811100041, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 200711060175, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF TRACT E, PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 29 OF PLATS, PAGES 120-131 INCLUSIVE, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID TRACT, SAID CORNER ALSO BEING AN ANGLE POINT IN SAID LOT B; THENCE SOUTH 28*49'59" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 225.55 FEET TO A POINT ON AN ARC OF A CURVE, THE CENTER OF WHICH BEARS NORTH 3*21'25" EAST; THENCE WESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT AN Parcel No. 092301-1-009-2008 Planning Area L: Owner: Lakemont Investors LLC Legal Description: PARCEL 10 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Page 17 of 54 Parcel No.: 092301-4-005-2006 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 4 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE NORTH 200 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING SOUTHERLY OF THE SOUTH RIGHT- OF-WAY LINE OF MCCORMICK WOODS DRIVE SW AS DEEDED TO KITSAP COUNTY BY DEED RECORDED UNDER KITSAP COUNTY RECORDING NUMBER 200610090200. EXCEPT THAT PORTION LYING WITHIN THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131 INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. Parcel No.: 092301-4-002-2009 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 3 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING SOUTHEASTERLY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE RECORDS OF KITSAP COUNTY, WASHINGTON. EXCEPT THE NORTH 200.00 FEET THEREOF. Parcel No. 162301-1-021-2003 Page 18 of 54 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 2 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No.: 162301-1-020-2004 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 1 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No.: 162301-1-019-2007 Page 19 of 54 McCormick North McCormick North Development Areas Parcel No. 052301-4-017-2006 Owner: Northcamp Property Investments LLC Legal Description: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT ROADS, AND SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. Parcel No. 052301-4-018-2005 Owner: Northcamp Property Investments LLC Legal Description: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF OLD CLIFTON ROAD; SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. Parcel No. 052301-4-013-2000 Owner: Northcamp Property Investments LLC Legal Description: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT ROADS, AND SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. Page 20 of 54 Parcel No. 052301-4-020-2001 Owner: Northcamp Property Investments LLC Legal Description: RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Parcel No. 052301-4-020-2001 Owner: Northcamp Property Investments LLC Legal Description: RESULTANT PARCEL C OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Parcel No. 052301-4-022-2009 Owner: Northcamp Property Investments LLC Legal Description: RESULTANT PARCEL D OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Page 21 of 54 McCormick West McCormick West Development Areas Parcel No. 082301-1-010-2006 Owner: West X SW Investment holdings LLC Legal Description: PARCEL 5 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1189 FEET OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 1058.22 FEET THEREOF; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF AMENDED PLAT OF MCCORMICK WOODS , AS RECORDED IN VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, RECORDS OF KITSAP COUNTY, WASHINGTON; ALSO EXCEPT THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY OF OLD CLIFTON ROAD. Parcel No. 082301-1-013-2003 Owner: West X SW Investment holdings LLC Legal Description: RESULTANT PARCEL B PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3220649, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1189 FEET OF THE WEST 1058.22 FEET OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF OLD CLIFTON ROAD; ALSO EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 1*27'44 WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 839.00 Page 22 of 54 Parcel No. 082301-2-003-2003 Owner: West X SW Investment holdings LLC Legal Description: PARCEL 2 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1005 FEET OF WEST 894 FEET OF THE EAST 1340 FEET OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD. Parcel No. 082301-2-002-2004 Owner: West X SW Investment holdings LLC Legal Description: PARCEL 1 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 3208728, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1005 FEET OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 1340 FEET THEREOF; ALSO EXCEPT THAT PORTION LYING NORTHWESTERLY AND NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; ALSO EXCEPT THAT PORTION OF THE WEST 60 FEET THEREOF AS CONVEYED BY AUDITOR'S FILE NO. 9512290386, RECORDS OF KITSAP COUNTY, WASHINGTON. Parcel No. 082301-1-014-2002 Owner: West X SW Investment holdings LLC Legal Description: RESULTANT PARCEL C PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3220649, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 1189 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 8; ALSO EXCEPT THAT PORTION OF THE WEST 60 FEET THEREOF CONVEYED BY INSTRUMENT RECORDED UNDER Page 23 of 54 AUDITOR'S FILE NO. 9512290366; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF AMENDED PLAT OF MCCORMICK WOODS , AS RECORDED IN VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, RECORDS OF KITSAP COUNTY, WASHINGTON; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF MCCORMICK WOODS DIVISION 4 , AS RECORDED IN VOLUME 26 OF PLATS, PAGES 29 THROUGH 35, RECORDS OF Parcel No. 172301-2-002-2003 Owner: West X SW Investment holdings LLC Legal Description: TRACT 1 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No. 172301-2-003-2002 Owner: West X SW Investment holdings LLC Legal Description: TRACT 2 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No. 172301-2-006-2009 Owner: West X SW Investment holdings LLC Legal Description: TRACT 5 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE Page 24 of 54 NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No. 172301-2-007-2008 Owner: West X SW Investment holdings LLC Legal Description: TRACT 6 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No. 172301-3-004-2009 Owner: West X SW Investment holdings LLC Legal Description: TRACT 7 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17: THENCE S 01*17'27 W ALONG THE EAST LINE THEREOF A DISTANCE OF 260.04 FEET TO THE SOUTH LINE OF MCCORMICK WOODS DIVISION 9, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 28 OF PLATS, PAGES 117 THROUGH 126, RECORDS OF KITSAP COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE N 87*53'44 W ALONG THE SOUTHERLY LINES OF SAID MCCORMICK WOODS DIVISI Page 25 of 54 Parcel No. 172301-2-005-2000 Owner: West X SW Investment holdings LLC Legal Description: TRACT 4 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 1050.00 FEET THEREOF, AND EXCEPT THAT PORTION LYING WITHIN MCCORMICK WOODS DIVISION 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 60 THROUGH 65, RECORDS OF KITSAP COUNTY, WASHINGTON AND MCCORMICK WOODS DIVISION 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 100 THROUGH 107, RECORDS OF KITSAP COUNTY, WASHINGTON. Parcel No. 172301-2-004-2001 Owner: West X SW Investment holdings LLC Legal Description: TRACT 3 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 1050.00 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WITHIN MCCORMICK WOODS DIVISION 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 60 THROUGH 65, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 17 LYING NORTHWESTERLY OF SAID MCCORMICK WOODS DIVISION 5 AND NORTHWESTERLY OF MCCORMICK WOODS DIVISION 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 29 THROUGH 35, RECORDS OF KITSAP COUNTY, WASHINGTON. Page 26 of 54 COPYRIGHT © 2017 BHC CONSULTANTS LLC. ALL RIGHTS RESERVED This map is a geographic representation based onavailable information . No warranty is made concerningthe accuracy, currency, or completeness of data depicted on this map. 1 FigureMcCormick Developments AnalysisCity of Port Orchard, WashingtonApril 2017 McCormick WoodsBasin Map ! ! ! ! !!!! !!! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! !! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! !!!!!!! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !!! ! ! ! !! !! ! ! ! !! ! ! ! ! !! ! ! ! !! !!! ! ! ! ! ! !!!!!! !! ! !! !! ! !! ! !!! !!!! !! ! ! !! !! !! !! ! !!! ! ! ! ! ! ! !! ! !! !! !! ! ! !!! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! !!!!!!!!!!!!!! ! ! !!! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! !! !! !!!!!!! !!!! ! ! !!!!!!! ! ! !!! !! ! ! ! ! !! !!! !! ! !! ! !!!! !! ! ! !! ! ! ! ! !! ! ! !! ! ! ! !! %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP %UP I GK J EH SIDNEY RD SWS T A T E H WY 1 6 S WSW O LD C LIFTO N R D SW BAY STSTATEHW Y3RAMPWS TATE HWY 3 W SIDNEY AVETREMONTSTWS W S E D G WICK RD SW BERRY LAKE RD GLENWOODRDSWW BELFAIR VALLEY RD W STATE HWY 16 TOADRDSWLONE BEAR LN SWW STATE HWY16RAMP SW LIDER RD SE LI D E R R D UNNAMED S W LA K E FL ORA RD HARLEYLNSW PORTORCHARDBLVDFRANWAYLNSWSW CLEVENGER LNTremontPlace EagleCrest CedarHeights Sedgwick McCormickWoods #1 McCormickWoods #2 Canyon Ct HarrisonHospital GoldenPond Albertson Quadrant Lowes TheRidge 3 McCormickMeadows Pottery GGoorrsstt CC rree ee kk GGoorrssttCCrreeeekkttrriibbuuttaarryySSqquuaarreeCCrreeeekkttrriibbuuttaarryySS qq uu aa rr ee CC rr ee eekkPPaarriisshhCCrreeeekk RRoossssCCrreeeekkCCoouulltteerrCCrreeeekkBBllaacckkjjaacckkCCrreeeekkAAnnddeerrssoonnCCrreeeekkBBllaacckkjjaacckkCCrreeeekkttrriibbuuttaarryy P:\Mapping\Maps_Generated\Port_Orchard\projects\16-10481.00\maps\Fig 1 - McCormick Woods Basin Map 8.5x11.mxd 4/10/2017 ctolentino0 2,5001,250 Feet Legend %UP Pump Station !Manhole Force Mains Sewer Pipes Sewer Gravity Trunks City of Port Orchard Port Orchard UGA Parcels Water Bodies Water Courses Contributes toMcCormick Woods PS 1Only Contributes toMcCormick Woods PS 1& 2 $ Sinclair Inlet Page 27 of 54 Page 28 of 54 Page 29 of 54 Page 30 of 54 Page 31 of 54 Page 32 of 54 Page 33 of 54 Page 34 of 54 Page 35 of 54 Page 36 of 54 Page 37 of 54 Page 38 of 54 Page 39 of 54 CITY OF PORT ORCHARD Public Works 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-4991 • Fax: (360) 876-4980 thunter@cityofportorchard.us www.cityofportorchard.us TECHNICAL MEMORANDUM Date: March 15, 2018 To: Mark R. Dorsey, Public Works Director/City Engineer From: Thomas A. Hunter, Water & Sewer Utility Manager Subject: McCormick Woods Wastewater Analysis - City and Developer Allocation The City of Port Orchard is responsible for providing wastewater collection to existing and future customers within the City’s service area. As such, one of the most important functions of the City is to develop and maintain a capital program to provide the needed infrastructure to provide these services. The capital program must include the work required to repair or replace existing assets and to construct new assets to meet capacity, regulatory and level-of-service requirements. In of June of 2016, the City of Port Orchard adopted its General Sewer Plan Update (Comprehensive Plan), which includes a 6 year Capital Improvement Plan (CIP). CIP 6-3 & 4 and CIP 5 & 6 are defined as the Design and Construction of McCormick Lift Stations 1 & 2. CIP - 3 McCormick Lift Station #1 Design $180,000 CIP - 4 McCormick Lift Station #1 Construction $1,100,000 CIP - 5 McCormick Lift Station #2 Design $190,000 CIP - 6 McCormick Lift Station #2 Construction $1,100,000 McCormick Communities LLC. (MCC) is moving forward with development in the McCormick Woods, McCormick Woods West and McCormick Woods North areas. The City provides water and sewer service to these areas, with the exception of McCormick Woods North, whose water supply is provided by the City of Bremerton. The existing infrastructure in these areas can accommodate limited growth, and the City’s CIP only accounts for an upgrade to the existing lift stations. The development proposed by MCC greatly increases the need for capacity which has triggered significant increases to both the project scope and budget. These increases are not within the City’s comprehensive plan or budget, and as such, MCC has proposed to partner with the City and construct elements of the required infrastructure. These include: $2,570,000 (2014 Dollars) Page 40 of 54 ▪ Replacement of McCormick Woods Sewer Lift Station No. 1; and ▪ Replacement of McCormick Woods Sewer Lift Station No. 2. The City and BHC have performed an engineering evaluation of the required improvements to determine the existing capacity of the existing facilities. Due to the obsolescence of the existing infrastructure, deterioration of the facility due to step-system corrosion, and the need for significant increases in scope (capacity, pumping rate, system redundancy, and ECY requirements), a rebuild of the existing facility is not viable if MCC is to continue to develop. On May 24, 2017 a summary of the maximum allowable Equivalent Residential Units (ERU) was provided to MCC. This table documented the amount of ERU’s remaining and the firm capacity of these lift stations. Approximate Remaining ERUs Before Upgrades Are Required Required Improvements 75 McCormick Woods Lift Station No. 1 148 McCormick Woods Lift Station No. 2 Lift Station Flow Analysis In an effort to better understand what portion of each new Lift Station benefits the City and what portion benefits the new MCC development; and in an effort to ensure that the existing rate payers are paying the appropriate share, and MCC is paying the appropriate share, the City and its consultant prepared a flow and capacity analysis for both McCormick Lift Station #1 & #2. A summary of this analysis can be seen in the table below, but is simply defined as Existing Customers plus Post Power Outage Surge (City portion) and New Developments (MCC portion). MCC Portion City Portion Page 41 of 54 Through this analysis it was determined that the appropriate share for each lift station is as follows. City of Port Orchard McCormick Communities LLC McCormick LS #1 53% 47% McCormick LS #2 50% 50% At which time actual costs are identified; and once legal counsel and the City’s Finance department (with consultation through AWC) determine the appropriate method through which to enter into an agreement with MCC, these percentages are accurate from an engineering perspective. These allocations are subject to change based on MCC’s buildout schedule and scope. Page 42 of 54 EXHIBIT “I” Insurance Requirements Page I-1 Insurance McCormick or its contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by McCormick, their agents, representatives, employees or subcontractors. No Limitation. McCormick or its contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of McCormick to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance McCormick or its contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under McCormick’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, McCormick, McCormick’s contractor, subcontractors, and sub-subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of McCormick. Higher deductibles for flood and earthquake perils may be accepted by the City upon written Page 43 of 54 EXHIBIT “I” Insurance Requirements Page I-2 request by McCormick and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of McCormick. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance McCormick or its contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provision McCormick’s or its contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of McCormick’s or its contractor’s insurance and shall not contribute with it. D. Insurance for Other Losses McCormick or its contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, McCormick’s or its contractor’s employee-owned tools, machinery, equipment, or motor vehicles owned or rented by McCormick or its contractor, or McCormick’s or its contractor’s agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation McCormick and the City waive all rights against each other, any of their contractors, subcontractors, sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Agreement or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. Page 44 of 54 EXHIBIT “I” Insurance Requirements Page I-3 G. Verification of Coverage McCormick or its contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of McCormick or its contractor before commencement of the work. Before any exposure to loss may occur, McCormick or its contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. H. Subcontractors McCormick or its contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. I. Notice of Cancellation McCormick or its contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. J. Failure to Maintain Insurance Failure on the part of McCormick or its contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to McCormick to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due McCormick from the City. Page 45 of 54 This Page Intentionally Left Blank Page 46 of 54 City of Port Orchard Work Study Session Executive Summary Issue Title: Ban on Retail Sales of Puppies and Kittens from Mill Breeders Meeting Date: April 17, 2018 Time Required: 15 Minutes Attendees: Nick Bond, Community Development Director Background/Issue: The City has been made aware that a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). The documented abuses endemic to puppy and kitten mills include: over-breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise. The conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until some time has passed after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers. The cities of Bremerton, Bainbridge Island and Poulsbo have recently passed ordinances prohibiting the retail sale of dogs and cats other than those sourced from animal welfare organizations. Port Orchard has received a request to pass an ordinance prohibiting the sale of animals bred in puppy and kitten mills. While no stores in Port Orchard currently sell puppies or kittens from mills, the ordinance will ensure that the sale of puppies and kittens from mills does not occur in the future. The ordinance will not affect a consumer's ability to obtain cats and dogs directly from an animal welfare organization, or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred. This topic has been discussed at several previous City Council and Council Committee meetings. At the April 10, 2018 Council meeting, the City Council discussed changes to the draft ordinance but ultimately asked that the discussion on the topic be put on the April 17th work study agenda. The City Attorney and staff have worked to address the concerns expressed by Council at the April 10 Action Requested at this Meeting: Continue discussion concerning the sale of puppies and kittens from puppy and kitten mills and provide direction to staff. Page 47 of 54 meeting. The attached ordinance reflects changes discussed by the council along with staff and City Attorney recommendations. Alternatives: Provide City staff with direction for next steps, either to amend the draft ordinance, bring the draft ordinance forward for consideration, or to not move forward with an ordinance on the issue at this time. Relationship to Comprehensive Plan: NA Recommendations: Staff recommends that Council discuss the draft ordinance. Attachments: Updated draft ordinance. Page 48 of 54 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLE 7 (“ANIMALS”) OF THE PORT ORCHARD MUNICIPAL CODE TO PROHIBIT THE SALE OF DOGS AND CATS OBTAINED FROM “PUPPY MILLS” OR “KITTEN MILLS”; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the City of Port Orchard to amend certain sections of Title 7 of the Port Orchard Municipal Code, entitled “Animals”, to prohibit the sale of dogs and cats obtained from puppy mills or kitten mills, in an effort to reduce costs to the City and its residents, protect the citizens of the City who may purchase dogs and cats from a pet shop, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and WHEREAS, the documented abuses endemic to puppy and kitten mills include: over-breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; and WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, this ordinance will not affect consumers’ ability to obtain dogs and cats Page 49 of 54 from pet shops when those dogs and cats do not originate from puppy mills or kitten mills, or to obtain them directly from an animal welfare organization or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 7.01.010 (“Definitions”) is hereby amended as follows (deleted text in strikethrough; new text in underline): 7.01.010 Definitions. Within the provisions of this title, the following definitions shall apply: (1) “Animal” is a female, spayed female, male or neutered male animal, including any goat, horse, mule, cattle, swine or other domestic livestock used or raised on a farm, and any living vertebrate creature including reptiles or birds and excluding any marine mammals, fish or man. Animal also includes dogs or cats unless specifically excluded. (2) “Animal control authority” means the Kitsap Humane Society or other agency or organization designated as the animal control authority in an animal control services agreement. (3) “Animal shelter” means a facility that offers temporary shelter and care for dogs, cats and other animals that are offered for adoption, and that is a qualified nonprofit organization under 501(c)(3) of the Internal Revenue Code. (34) “Abandonment” means the owner has left the animal for a period of 24 hours without making effective provisions for its proper care. (45) “Adequate shelter” means a moisture proof and wind proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable. (56) “At large” is off the premises of the owner or keeper of the dog, or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. (67) “Boarding kennel” means a commercial establishment with the purpose of keeping, caring for, and/or boarding dogs and or cats. No animals shall be offered for sale and no breeding for commercial sale shall occur on the premises. (78) “Cat” is a female, spayed female, male, or neutered male cat. (89) “Commercial kennel” means an establishment for the breeding and/or sale of dogs and/or cats. (910) “Court” means Port Orchard municipal court. (1011) “Dangerous animal” means any animal that: (a) Inflicts severe injury on a human being without provocation on public Page 50 of 54 or private property; (b) Kills a domestic animal without provocation while the attacking animal is off the owner’s property; or (c) Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the animal again aggressively bites, attacks, or endangers the safety of humans. This definition shall not include a police dog as defined in RCW 4.24.410. (1112) “Dog” is a female, spayed female, male or neutered male dog. (1213) “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. (1314) “Domestic livestock” means any male or female hoofed animal. (1415) “Grooming parlor” means any place, establishment, store or department of any store, that handles live dogs and/or cats and offers to bathe, trim, or groom the animal in any manner. (1516) “Hobby kennel” means a noncommercial residential kennel with the purpose of keeping dogs and or cats owned by one individual. A hobby kennel is limited to a maximum of 10 dogs and/or cats. (1617) “Inhumane treatment” means every act, omission, or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted. (1718) “Local law enforcement officer” means the police chief or his/her designee. (1819) “Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well being. (20) "Offer for sale" means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a live animal. (1921) “Owner” is any person or entity that controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities. (2022) “Pet shop” is any place, establishment, store, or department of any store, that handles live animals, including dogs, cats, rabbits, birds, reptiles, other fowl, or fish, and offers to sell or rent to the public such animals at retail or wholesale. (2123) “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler. (2224) “Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept. (2325) “Potentially dangerous” means an animal that, when unprovoked: (a) Chases or approaches a person upon the streets, sidewalks or any other public grounds in a menacing fashion or apparent attitude of attack; (b) Causes injury to or otherwise threatens the safety of a human or domestic animal; or Page 51 of 54 (c) Inflicts a bite upon a human or domestic animal either on public or private property. (2426) “Secure enclosure” means a chain link enclosure consisting of secure sides and a secure top, or if without top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such manner that the animal(s) cannot exit on their own. (2527) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (2628) “Stray” is any animal loitering in a neighborhood or any public place without an apparent owner or home. (2729) “Under control” means the animal is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal or from causing or being the cause of physical or property damage when off a leash or off the premises of the owner. (2830) The present tense shall include the past and future tenses, and the future, the present. Each gender shall include all genders. The singular number shall include the plural and the singular. Whenever a power is granted to or a duty is imposed upon the animal control authority humane society, poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to the law by the officer unless this chapter expressly provides otherwise. SECTION 2. Port Orchard Municipal Code Section 7.16.080 (“Operation requirements”) is hereby amended as follows (new text in underline): 7.16.080 Operation requirements. (1) Proper diet, fresh potable water, shelter, and medical attention shall be provided to all animals. (2) Food shall be stored in a fashion, which prevents contamination or infestation. (3) The facilities shall be maintained and operated in a healthful, sanitary manner free from disease, infestation and foul odors. (4) Sick animals shall be isolated from healthy animals in quarters adequately ventilated to prevent contamination of healthy animals. (5) Animals shall receive adequate food, water, and care on days when the facility is not open for business. (6) Animals shall be immunized from disease as is usual and customary for the animal’s age and species. (7) Ownership of animal offered for sale: the owner/manager of the pet shop shall Page 52 of 54 maintain written documentation of the source of all animals offered on consignment or otherwise being sold for compensation at a pet shop. Such documentation shall include a copy of the valid commercial kennel license for the source at time of breeding and disbursement. Records of all animals, reptiles, fish, or other animals offered for sale shall be readily available to enforcement and licensing agencies. (8) A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from, or displays in cooperation with, the animal control authority or an animal shelter. A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this _____ day of April 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk , Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 53 of 54 This Page Intentionally Left Blank Page 54 of 54