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118-09 - Resolution - Interlocal Agreement with Kitsap County Relating to Parks, Open Space and RecreationIntroduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: December 8, 2009 Adopted: December 8, 2009 RESOLUTION NO. 118-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO SIGN AN INTERLOCAL AGREEMENT BETWEEN KITSAP COUNIY AND THE CITY OF PORT ORCHARD RELATING TO PARKS, OPEN SPACE AND RECREATION WITHIN THE MCCORMICK URBAN VILLAGE AND MCCORMICK/ULID # 6 URBAN GROWTH AREA WHEREAS, the Washington State Growth Management Act (Chapter 36.70A RCW) and Kitsap Countywide Planning Policies encourage cities to provide urban services to designated urban growth areas through annexation; and WHEREAS, in 1998, the County designated the McCormick Woods/ULID No. 6 as an Urban Growth Area (UGA); and WHEREAS, in 2005, through Resolution No. 135-05, as authorized in RCW 36.708.170, the County entered into a development agreement relating to open space, parks, and recreation with GEM I LLC I McCormick Land Co. for the McCormick Urban Village located within the McCormick Woods/ULID No. 6 UGA (the "2005 Parks Development Agreement"), a copy of which is attached as Exhibit A and incorporated herein by this reference; and WHEREAS, in 2006 the County expanded the Port Orchard/South Kitsap UGA to accommodate the City's projected 20-year growth and such expansion resulted in contiguity between this UGA and the McCormick Woods/ULID No. 6 UGA, which will allow future annexations to the City; and WHEREAS, in 2009, the property owners of a portion of the McCormick Woods/ULID No. 6 UGA commonly referred to as McCormick Woods Urban Village and McCormick North, as depicted in the illustration attached as Exhibit Band incorporated by this reference, successfully petitioned to be annexed into the City; and WHEREAS, the McCormick Woods annexation became effective on July 8, 2009;and WHEREAS, RCW 36.708.190 provides that development agreements are binding upon the parties and their successors, including a city that assumes jurisdiction through annexation of the area covered by the development agreement; and Resolution No . 118-09 Page 2 of2 WHEREAS, the 2005 Parks Development Agreement addresses the construction and funding of parks, open space and recreation areas that are located within the annexation area depicted in Exhibit B; and WHEREAS, the purpose of this Agreement is to facilitate an orderly transition of recreational services and capital projects within the proposed annexation area of the McCormick Woods/ULID No. 6 UGA; and WHEREAS, the Interlocal Cooperation Act , chapter 39.34 RCW , authorizes the parties to enter into an agreement for cooperative action; now, therefore ; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute an Interlocal Agreement between Kitsap County and the City of Port Orchard (a copy of said contract is attached and incorporated herein as Exhibit A) relating to parks, open space, and recreation within the McCormick Urban Village and McCormick/ULID No. 6 Urban Growth area. PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of Dece mber 2009. INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD REI,ATING TO PARKS, OPEN SPACE AND RECREATION WiTHIN THE MCCORMICK URBAN VILLAGE AND MCCORMICK/ULID # 6 URBAN GROWTH AREA THIS AGREEMENT is entered into between Kitsap County, a Washington municipal corporation ("County"), and the City of Port Orchard, a Washington municipal corporation ("City"). RECITALS WHEREAS, the Washington State Growth Management Act (Chapter 36. 70A RCW) and Ki1sap Countywide Planning Policies encourage cities to provide urban services to designated urban growth areas through annexation; and WHEREAS, in 1998, the County designated the McCormick Woods/ULID # 6 as an Urban Growth Area (UGA); and WHEREAS, in 2005, through Resolution 135-2005, as authorized in RCW 36.708.170, the County entered into a development agreement relating to open space, parks, and recreation with GEM I LlC I McCormick Land Co. for the McCormick Urban Village located within the McCormick Woods/ULID # 6 UGA (the "2005 Parks Development Agreement"), a copy of which is attached as Exhibit A and Incorporated herein by this reference; arid WHEREAS, in 2006 the County expanded the Port Orchard/South Kltsap UGA to accommodate the City's pr(ljected 20-year growth and such expansion resulted in contiguity between this UGA and the McCormick Woods/UUD No. 6 UGA, which will allow future annexations to the City; and WHEREAS, in 2009, the property owners of a portion of the McCormick Woods/UUD No. 6 UGA commonly referred to as McCormick Woods Urban Village and McCormick North, as depleted in the illustration attached as Exhibit 8 and incorporated by this reference, successfully petitioned to be annexed into the City; and WHEREAS, the McCormick Woods annexation became effective on July 8, 2009; and WHEREAS, RCW 36.70B.190 provides that development agreements are binding upon the parties and their successors, including a city thai assumes jurisdiction through annexation of the area covered by the development agreement; and WHEREAS, the 2005 Parks Development Agreement addresses the construction and funding of parks, open space and recreation areas that are located within the annexation area depicted in Exhibit B; and Parks & Open Space I!.A Page 1 of6 WHEREAS, the purpose of this Agreement is to facilitate an orderly transition of recreational services and capital projects within the proposed annexation area of the McCormick Woods/ULID #6 UGA; and· WHEREAS, the lnterlocal Cooperation Act, i::l1apter 39.34 RCW, authorizes the parties to enter into an agreement for cooperative action; NOW, THEREFORE, BE IT RESOLVED that \he mutual terms, conditions, provisions, obligations contained within this lnterlocal agreement are agreed upon by the County and City are as follows: 1. Area of Applicability. This lnterlocal Agreement shall apply to all parcels located within the annexation area depicted in Exhibit B. 2.. Open Space. Parks, and Recreation Plan. The City hereby approves and adopts the McCormick Urban Village Open Space, Parks, and Recreation Plan, a copy of which is attached as Exhibit C. 3. Citv Inclusion of Projects in Capital Facilities Plan. Port Orchard will include, when appropriate, the McCormick Urban Village regional system projects in the City's Capital Facilities Plan consistent with the Phasing Plan which is included as an element of the McCormick Urban Village Open Space, Parks, and Recreation Plan. 4. City Constrw;tion of Future improvements. Port Orchard shall construct the proposed open space, parks and recreation regional system improvements identified in the McCormick Urban Village Open Space, Parks, and Recreation Pian according to the Phasing Plan, provided the Phasing Plan may be modified at the time of specific land use approvals for development within McCormick Urban Village in order to assure that the regional system improvements anticipated for various portions of the McCormick Urban Village are developed concurrently with the residential and other uses which generate the need for such improvements. 5. Transfer of McCormick Village Pari<. Within thirty (30) days of the execution of this agreement, the County shall convey to the City by quit claim deeds, in forms substantially similar to those attached as Exhibit C, all rigl1t and title to Kitsap County Assessor Parcel Number 042301-3-008-2000, a 63.5 acre parcel commonly !mown as McCormick Villag.e Park. Upon recording of the deeds, all jurisdiction and responsibility for the property shall be with the City. 6. Transfer of Impact Fees/Dedicated Funds. 6.1. The parties acknowledge that the County has received revenue dedicated to pari< infrastructure improvements (including, capital facilities and/or transportation). These revenue sources include: $643,742.00 in developer payments for the McCormick Village Park. The parties also acknowledge that since the annexation is final, the County is no longer able to collect impact fees within the annexed area. Parks s, Open Space ILA Page 2 of6 6.2. Within 45 days of the execution of this agreement, the County shall provide an accounting to the City of funds dedicated, including any funds allocated on a pro rata basis, to any open space,. parl<s, or recreation infrastructure Improvements within the annexed area. The accounting provided by the County shall clearly identify any restrictions placed on the use of the funds lo be transferred to the City. 6.3. Within 30 days of the accounting described in paragraph 6.2, the County shall transfer all of these funds to the City, including accrued Interest through the date of transfer. 6.4. The City shall only use these funds In accordance willl the law ar1d consistent with any pre-existing limitations placed upon the use of the funds that would havt-l been binding upon the County, including but no! limited to the conditions set forth in the 2005 Parl<s Development Agreement. 7. Plans and Drawings. Within 30 days of the execution of this agreement, the County shall transferred to the City all written documents, drawings, plans, specifications, contracts, and electronic data related to open space, parks, and recreation infrastructure improvements for the annexation area depicted in Exhibit B. 8. Vesting. The City acknowledges that for all development within the McCormick Urban Village, the City shalf not require the payment of additional fees related to open space, parks, and recreation Impacts and projects that are duplicative of the pari< impact fees already paid. 9. Assumption of Obligations under the 2005 Parks Development Agreement. As provided by RCW 36.708.190, and except as may otherwise be agreed in a separate writing between the City and other interested parties, the City acknowledges that by annexing the area depicted in Exhibit B, the City assumes jurisdiction over the an.nexed property, as Willi as all of the obligations of the County as set forth in the 2005 Parks Development Agreement between the County and GEM 1 as assignee of McCormick Land Company, Inc. relating to open space, parks, and recreation plans end improvements located within the McCormick Woods/UUD No. 6 UGA, a copy of which is attached as Exhibit A. 1 O.lndemnity. 1 0.1. The City shall defend, indemnify and hold harmless at City's sole expense, the County, its elected and appointed officials, officers, employees and agents, from and against any and all claims arising out of the City's perfom1ance of this Agreement, whether the· demand, loss or claim is due to the negligence of the City, its subcontractors, successors or assigns, employees, or third parties~ 10.2. The County shall defend, indemnify and hold harmless at County's sole expense, the City, its elected and appointed officials, officers, employees and agents, from and against any and all claims arising out of County's performance of Parks & Open Space ILA Page 3 of6 this Agreement, whether the demand, loss or claim is due to the negligence of the County, its subcontractors, successors or assigns, employees, or third parties. 10.3. "Claim" means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable to injUJy, siclmess, disease, or death, or damage to property 11. Governance: property acquisition. This Agreement does not create any separate legal or administrative agency. This Agreement does not contemplate joint financing of activities within its scope, nor does it contemplate a joint budget. This Agreement does no! contemplate the joint acquisition of property by lhe parties. 12. Duration. The duration of this Agreement shall be from the effective date unli! it is terminated thmugh mutual agreement by the parties. 13. Entire Agreement: Amendments. This agreement supersedes all prior negotiations and agreements on these topics. Except as otherwise provided in this Section, no change or modification of this Agreement shall be valid unless the same is in writing and is signed by authorized representatives of the County or the City. No purported or alleged waiver of any of the provisions of this Agreement shall be binding or effective unless in writing and signed by the party agairist whom it is sought to be enforced. 14. Effective Date: Binding Effect. This Agreem~>nt shall be recorded with the Kitsap County Auditor in accordance with RCW 39.34.040. The effective date of this Agreement shalf be the date upon which it is fully executed. The Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 15. Notices. Any notices required by the Agreement shall be delivered, or mailed postage prepaid, and addressed to: l<ilsap County Clerk to the Board Office of the Kitsap County Board of Commissioners 614 Division Street Ma'ilstop 4 Port Orchard, WA 98366 City of Port Orchard City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 16.Multiple Originals. This Agreement may be executed in multiple copies (counterparts),each of which shall be deemed an original. 17. Construction. The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be held to e)(pand, modify, amplify, or aid in the interpretation, construction, or meaning of this Agreement. Each party has been represented by legal counsel and accordingly waives the general rule of construction that an agreement shall be construed against its drafter. Parks & Open Space ILA Page 4 of6 18. j)ispute Resorution. The Parties shall attempt to 1-esolve disagreements regarding interpretation or implementation of any provision of this Agreement i?Y use of a formal dispute resolution process such as mediation. If the partil'ls cannot agree upon a mediator, one shall be selected by the Kitsap Regional Coordinating Council. All 0osts· for mediation services shall be divided equally between the parlies. 19.Assignment. Neither the City rwr the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other party. 20. Successors and assigns. The City and the County each bind themselves, their partners, successors, executors, administrators, and assigns to !he other party to this Agreement and to the partrers, successors, administrators, and assigns of such other party in respect to all covenants to the Agreement. 21.Governing law: jurisdiction; venue. This Agreement will be governed by the laws of the State of Washington and any legal proceeding arising under it may be brought only in the courts of Kitsap County, Washington. 22. Severability. If a court of competent jurisdiction holds any provision oi \he Agreement to be Illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will no! be affected, ami the partfes' rights and obligations will be construed and enforced as if the Agreement did not contain the parlicular provision held to be inval1d. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to U1e extent of the conflict or modified to conform to statutory requirements. 23.Author{ty to contract. The Port Orchard City Council has authorized the execution of this Agreement by official action taken at a regularly scheduled public meeting. The Kitsap County Board of Commissioners has authorized the execution of this Agreement by official action taken at a.regularly scheduled public meeting. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to S)(ecute this Agreement on the date set forth befow. DATED this_ day of--., 2009. DATED this~ day of .l.t::A_, Z01 0. CITY OF PORT ORCHARD Parks s, Open Space ILA Page 5 of6 BOARD OF COUNTY COMMISSIONERS KITS~P COUNTY, WASHINGTON ~ <:~: .,.~; ·.-~---.-.":~-... ""·-. -,_ JO~,S~H~B~R~O~VV~N~.~C~h-a~ir ____________ __ Parks & Open Space ILA Page6 of6 NOT PRESENT ATTEST: APPROVED AS TO FORM: ~~~~~~~.p~.~secutor • • • EXHIBIT A: ANNEXATION M9-09MCCORMICK WOODS INTER LOCAL AGREEMENT FOR OPEN SPACE & PARKS Resolution .J,_QJ __ -2006 Amend1ng the Development Agreement for Open Space, Parks, and Recreation WHEREAS, Kitsap County and GEM I entered into a Development Agreemenl for Open Space, Parks, and Recreation tl1at was executed by KitSBJl County on April 25, 2005 pursuant to RCW 36.70B.l70el. seq.; WHEREAS, through the Development Agreement for Open Space, Parks, cmd Recreation, Kitsap Couuty approved and adopted the McCormick Urban Village Open Space, Parks and Recreation Plan ("Plan"), dated April 25, 2005; WHEREAS, the Plan identified the McCormick Village Park ("Park") as proposed Community Project #4 to be located on the north side of Old Clifton Road, just east ofthe proposed "Campus Boulevard" (Plan, pgs. 6-7). The Park is intended to be a central gatlming place tor community residents; · ' WHEREAS, Kitsap County and GEM 1 believe it to be in the best interesls of the community to have the Park constructed sooner than the phasing established by the Plan and by the approved McCormick North-Master Plan Phase l, and wish to amend the Development Agreement for Open Space, Parks, and Recreation to apdress the neceSSijry changes associated with the County assuming conslructiml responsibility of the Park, including an accelerated schedule and potential increased costs associated therewith; WHEREAS, RCW 36.70B.200 requires approval of development agreement by an ordinance or resolution NOW, THER!WO.RE. BE IT RESOLVED lhat.,thc Kitsap County Board of Commissioners hereby approves the amendme11t to the Development Agreement for Open Space, Parks. and Recreation attached hereto. ATfEST EXHIBIT A: ANNEXATION A-19-09 MCCORMICK WOODS INTER LOCAL AGREEMENT FOR OPEN SPACE & PARKS McCORMICK URBAN VILLAGE DEVELOPMENT AGREEMENT FOR OPEN SPACE, l'ARKS, and RECREATION AMENDMENT #l Addressing Coustructlon of McCormick VIllage Park THIS AMENDMENT ("Amendment") is entered into between Kitsap County, a Washington municipal corporation ("County"), and GEM 1 LLC, a Washington co1poration ("GEM 1 "). RECITALS WHEREAS, Kitsap County and GEM 1 entered into a Development Agreemenlfor Open Space, Parks, aitd Recrealion that was executed by Kitsap County 011 April25, 2005 pursuant to RCW 36.70B.I70 et. seq.; WHEREAS, through the Developinenl Agreement for Open Space, Parks, and Recreation, Kitsap County approved and adopted the McCormick Urban Village Open Space, Parks and Recreation Plan ("Plan"), dated April 25, 2005; WHEREAS, the Plan identified the McCom1ick Village Park ("Park") as proposed Community Project 114 to be located .on the north side of Old Clifton Road, just east of the proposed "Campus Boulevard" (Plan, pgs. 6-7), Tite Park is intm1ded to be a central gathering place for community residents; · WHEREAS, in June 2004 GEM I, through The Berger Pa11nership, prepared the preliminary concept plan for the Park attached hereto as Exhibit l; WHEREAS, based on the preliminary concept plan and upon the aosumed construction by OEM • • -1,.-lbi>-P-Ian-es{imatod-oost-s-efwnstruGtioo-19-b~lan,-pg I J) and established..a.phasing_. _____ _ schedule such that (1) OEM I would complete a final plan in the first year with the development of the first housing on McCormick North, {2) phaso I of the Park would be constructed prior to final occupancy of 300 units anywhere within McCormick North, and {2} 'phase 2 of the Park would be consuucted prior to fmal occupancy of 500 units anywhere within McCormick North ·(Plan, pgs. 7, 16); WHEREAS, Condition #44 of the approved McCormick North Master Plan Phose 2 mirrored the phasing established in the Plan; WHEREAS, Kitsap County and GEM I believe it to be in the best interests of the community to have the Park constructed sooner than the phasing established by the Plan and· by the approved McCormick North Master Plan Phase 2, and wish to amend the Developmenl Agreement for Open Space, Parks, ·and Recreation to address the neceSsary changes associated with the County assuming construction responsibility of the Park, including an accelerated schedule and potential increased costs associated therewith; AMENDMENT #l to DflVELOPMllNT AGREEMENT FOR OPEN SPACE. PARKS •nd RECREATION· l • • • • EXHIBIT A: ANNEXATION A-19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS 1\.GREEMENT NOW, THEREFORE, the County and GEM I agree as follows: 1. AU prov(sions of the Development Agreement for Ope~l Space, Parks, and Recreation and the McCormick Urban Village Open Space, Parks and Recreation Plan~hall continue·in full force and effect unless modified heroin. 2. Upon the transfer or dedication of the property to be used for the McCormick Village Park as provided below, and the transfer of funds as provided below, Kitsap County shall assume from GEM I complete responsibility for the design, construction, and maintenance ofthe Park, including the eosts and scheduliug thereof. KHsap County may use tho preliminary concept plan established by Tho Berger Partnership, but will not be bound by it. 3. 4. At the time ofreeord(ng tho Final Plat of wbatis conunonly known as Division Three of tbe McCormick North Phase I Preliminary Plat, GEM! shall also dedicate the area shown on Exhibit 2 of approximately 65 acres for the Park to Kitsap County. At the ti111e of Final Plat recording, the-legal description of the Park shall be de!ennined. The parties agree to execute any necessary agreements or other documents required to complete the dedication of that area to Kitsap County . At the time ofrecording the Final Plat of what is commonly known as Division Three of the McCormick North Phase I Preliminary Plat, GEM I shall make a payment to Kitsap County in the amount of Six Hundred Forty Three Thousand, Seven Hundred Forty Two dollars ($643,742.00), which is the full amount of the estimated costs of constroction (~585,220), plus ten percent ($58,522) for design and engineering. ----+.--Upon-lll<l-tfallsWf-e<cdec.licatWJHlt:the.propeeyamlthe..transf.er of the fimds outlined in the provisions above, Kitsap County shall accept these actions as the fulfillment of all o.bligations ofMcConnick Land Company/GEM 1 LLC for design and construction of the Park, as identified in theMcCormicir Urban Village OpenS'pace, Parks, and Recreation Plan, and in Condition #44 of the McCormick North Master Plan Phase 2 6. . The McCormick North Master Plan will hereafter be amended consistent with this Amendment and pursuant to Kitsap County Code 17.42~.120. 7. At'suoh time as the subject property is annexed by a municipality, a pre-annexation inter local agreement shall be executed which makes prQvision for park dcvelopme11t and maintenance responsibilities associated with the Park created pursuant to tiiis Agreement. EXECUTED by the parties on the dates hereinafter indicated . AMENDMENT~! to DllVELOPMBNT AGREEMBNJ' FOR. OPEN SPACE, PARKS and RECRBA1'ION· 2 EXHIBIT A: ANNEXATION·A-19-09 MCCORMICK WOODS INTERLOCAl.AGREEMENT FOR OPEN SPACE & PARKS ATTEST: . APPROVED AS TO FORM: GEM1,LLC /) . By: £,;-lJ~--- Its: i.L-q-ot, - Date: Scmflr.Woloott , ManaiJlug Member STATEOF~ ) ~0.1\\'~'(;!\"l\ r1l ) ss. COUNTY OF-'KiTS>'.iP' ) SO.C11.GI'fi\Q'(It0 @ DEfiREE HOlBERG -commr~on #. 167823 9 g llolorv Public • Ca!Kornkl ~ Sacramento County M;comm. £xpf1t» JIX1.21, 20l0 I c~rtify .that I know of have satisfactory evidence that ?&lft_'o.\)io\Cil\1 is the person who appeared before me, and said person acknowledged that he/she signed thia instl'\lmenl, on oath stated that he/she. was authorized to execute the instrument and acknowledge it as the \1\CI.M9iD~ lX1J'«'!'!Xl~ of GEM I, LLC to be the fee and voluntary act of such party for the purpose mentioned in the instn1ment. SUBSCRIDED AND SWORN to before me this~ day oHa~eYl'\\:)ll'Q_2006. dv:-:=' ~ NOTARY PUBLIC in and for the State of co.\\ fOt>l\101.~ residing at U'l~\.1 Co, I CQYnlJ'f?W. AI'PROVBD AS TO FORM: 1, LLC AMENDMENT #I to DEVELOPMENT AGREEMENT FOR OPEN SPAC!l, PARKS and RECREATION-3 My appointment expires: ~'()jl 1:1. '101 0 • • • • • • EXHIBIT A: ANNEXATION A"19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS McCORMICK UIWM-1 VILLAGE DEVELOPMENT AGRitEMENT FOR OPEN SPACE, pARKS and RECREATION TillS AGREEMENT is entered into between Kitsap County, a Washington municipal corporation ("the County"), and GEM I LLC, a Washington corporation ("GEM!"). RECITALS WHEREAS, GEM l is the owner of the undeveloped lands in the South Kitsap UGA!ULID#6 Suh"Area Plan ("Pillll") known as "McCormick Urh~n Village" ; and WHEREAS, the South Kitsap UGNULID#6 Sub-Area Plan for the McCormick Urban Village establishes, as a goal, the creation.of a comprehensive, integrated plan for open space, parks and recreation (Plan, p. 25, Goal 5); and WHEREAS, Kitsap County has adopted KCC Chapter 17.428, "Master Planning Requirements for the South Kitsap UGAJUJ,!D #6 Sub-Area" to implement the Plan; and WHEREAS, KCC 17.428.020 and t7.428.070(B)(6) state that a romprehensive plan fm open space, parks and recreational areas shall be planned for the area subject to master planning and include a coordinated plan for the provisimi of a comprehensive, interconnected and integrated network of parks, open space and recreational areas, showing coni\ectioilS, as appropriate, to adjacent areas within the sub-area and, as· appropriate, outside the sub-area, and meetine certain minimum standards; and WHEREAS, GEM I has applied for a Master Plan Approval under Application No 0418788 pursuant to the requirements of Kitsap County Code Chapter 17.428 for the development of portions of the McConnick Urban Village north of Old Clifton Road designated Urban Cluster Residential (UCR); and -· -~-··-·~- WHEREAS, the Department of Community Development ("DCD") has requested that the Master Plan for the-UCR wned portions of McConnick North be expanded to include a comprehensive open space/recreational plan for McCormick Urban ViHage; and WHEREAS, GEM I has submitted, as part of the Master Plan application, an Open Space, Parks and Recreation Plan tor the entirety of the McCormick Urban Village; and WHEREAS, Kitsap County has adopted the Kitsap Open Space Plan (2000) and the Kitsap Parks Study (2003), which establish standards for open space, parks and recreation; and DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION" I EXHIBII A: ANNEXATION A-19,09 MCCORMICK WOODS INTER LOCAL AGREEMENT FOR OPEN ·SPACE & PARKS WHEREAS, Kitsap County has adopted additional standards for McCormick Urban Village Parks and Recreation in the UGAIULID#6 Sub-Area Plan at Section 7.2.4; and WHEREAS, Kitsap County has adopted additional standards for open space, parks and recreation for McCormick Urban Village in the Kitsap County Code Sections l7.428.070(B)(6)(a) and (b); and WHEREAS, Kitsap County has reviewed the McCormick Urban Village Open Space, Parks and Recreation P)an for compliance with all adopted standards and requirements; and WHEREAS, the parties anticipate that development of McCormick Urbmt Village will occur over a period of years and that they wish to provide for a system for funding and constructing the regional open space, parks and recreation system improvements identifted in the . McCormick Urban Village Open Space, Parks and Recreation Plan at such time as impacts occu'r and improvements are warranted; and WHEREAS, GEM l wishes assurance that it will receive, as appropriate, credits and/or reimbursements from Kitsap County if and when GEM I constructs regional system open space, parks and recreation improvements for McCormick Urban Village that are listed in Kitsap County's Capital Facilities Plan, the value of which exceed GEM I 's proportional share of the cost of those improvements; and WHEREAS, RCW 36.70B.I70, et. seq., authorizes counties to enter into mitigation agreements providing for, among other things, "development standards and other provisions that shall apply 1o and govern ... the development." AGREEMENT NOW, THEREFORE, the County and GEM I agree as follows: I. Approval of McCormiek Urban V!Jiage Open S~s and Recreauonrl''I'Jt<arnur.---- Kitsap County hereby approves the McCormick Urban Village Open Space, Parks and Recreation Plan, a copy of which is attached as Exhibit A. 2. County Inclusion of l'rojec!s in Capital Fndlltics Plan. Kitsnp County will include, when appropriate, the McCormick Urban Village •·egional system projects in the County's Capital Facilities Plan consistent with the Phasing Plan which is included as an element of the Me Connick Urban Village Open Space, Parks and Recreation Plan. 3. County Construction of Improvements. If and when funding allows, Kitsap County shall construct the open space, parks and recreation regional system improvements identified in the McCormick Uriian Village Open Space, Parks and Recreation Plan according to the Phasing Plan, provided the Phasing Platt may be modified at the time of speciflc land 11se approvals for development within McCormick Urban Village in order to DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION· 2 • • • • • • EXHIBIT A: ANNEXATION A-19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS assure that the open space, parks and recreation regional system improvements anticipated for various portions of the McCormick Urban Village are developed ooncurrently with the residential and other 11ses which generate the need for such improvements. 4. Construction of Certain OJlOll Space, Pari<S and Recreation Improvements. GEM 1 or its assignee may construct certain impmvenlents identified in the Open Space, Parks and Recreation Plan and the Phasing Plan therei11, as part of the development of certain p01tions of the McCormick Urban Village pursuant to approved land use permits. Certain of these projects, which shall be considered regional system projects once they are inoluded in the County's Capital Facilities Plan, can be us(\(i to apply for credits and/or reimbursements, as described in Section 6, below. In ihe event that GEM l constructs regional system projevts pursuant to this Section, the design and construction thereof shall be coordinated with the Kitsap County Parks Department and shall be subject to Kitsap County permit requirements in effect at the date of application for construction permits. 5. Credits and/or Reimbursements for Construction by GEM 1. In accordance with RCW 82.02.060(3) and KCC 4.11 0.040, a developer is allowed to request credit and/cr reimbursement in the event that the developer eonsttucts open space, parks and recreation improvements that would otherwise be constructed by Kitsap County. Up()n completion of an improvement identified in the Open S]Jace, Parks and Recreation Plan and listed in the Capital Facilities Plan, GEM 1 may make a written request for a credit/reimbursement to the Director of the Department of Community Development and such request will be processed pursuant to KCC 4.110.040 in oonsultation with the Director of the Facilities, Parks and Recrwtion Department. The timing and amount of any reimbursement will be dependent upon the availability of fees collected and any prior funding commitments. 6. Anncxati<m. As provided by RCW 36.70B.190, while this Agreement is in effect, "the agreement is binding on ... a city that assumes jurisdiction tluough incorporation or 7. aru!exatioa i1ftl1e ama cuverirrg-th~propertfeovcred-by-th&develepm<mt-agre.meut."-ln---~~­ the event McCormick Urban Village is anne~ed or incorporated into a municipality, and the municipality agrees that it is bound by thjs agreement, all funds that represent the proportional sh~re of the costs for system improvements reasonably related ·to the McCormick Urban Village regional projects that are listed in the Capital Facilities Plan and that are available at the time of annexation shall be conveyed to the municipality for use in funding 09nstruction of the necessary open space, parks and recreation system improvements which are the subject of this Agreement. Vesting Rules. This Agreement shall remain in effect for all development within the McCormick Urban Village. Kitsap County shall not require the payment of additional fees related to open space, parks and recreation impacts and projects that are duplicative of the park impact fees already paid. DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION· 3 EXHIBIT A: ANNEXATION A-19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS 8. Amendments. Except as otherwise provided in this Section, no change or modification of this Agreement shall be va!i<l uoJess the same is in writing and is signed by the authorized representatives ofKitsap County and GEM 1. No purported or alleged waiver of any of the provisions of this Agreement shall be binding or effective unless in writing and signed by the party against whdm it is sought to be enforced. 9. Serious Threat to Public Hcallb and Safely. Pursuant to RCW 36.70B.l70(4), the County reserves the authority to impose new or different regulations to the extent required b)l a serious threat to public health and safety. I 0. .Binding Effect: This Development Agreement shall be recorded with the Kitsnp County Auditor aud shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. Any city that assumes jurisdiction through incorporation or annexation of the area subject to this Agreement shall also be bound to this Agreement, pursuant to RCW 36.70B.l90. I I. Relationship of the Parties: Notwithstanding any other provision of this Development Agreement, or any other agreements, contracts, or obligations which may derive herefrom, nothing herein 'shall be construed to make the County or GEM I partners or joint veniurers, or to render any other parties liable for any of the debts or obligations of the olher parties, it being the intention of \his Development Agreemel'lt merely to create the agreements set forth herein with regard to open space, parks and recreation improvements to mitigate the open space, parks and recreation impacts of the McCormick Urban Village. 12. Applicable Law and Venue: This Development Agreement shall be· govemed by and construed in accordance with the laws of the SMc of Washington. Any action with respect to this Development Agreement shall be brought in Kitsap Coj!nty Superior Court, Port Orchard, Washington. ----..!..1. . .....--Mu!tiple Originals This Development Agreement may be executed itt multiple copies, each of which shall be deemed an original. 14. Construction, The captions throughout this Development Agreement are for convenience and reference only and the words contained in them shall not be held to expand, modify, amplify or aid hi the interpretation, construction or meaning of this Development Agreement. All parties hereto have been represented by legal counsel and accordingly hereby waive the general rule of construction that an agreement shall be construed against its Atwrney's Fees. In the event that any party to this Development Agreement brings a lawsuit against any other party in order to enforce any provision of this Development Agreement or to redress any breach thereof, the prevailing pmty in any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to any other available remedy. DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION-4 • • • • • • EXHIBIT A: ANNEXATION A-19-09 MCCORMICKWOODS INTER LOCAL AGREEMENT FOR OPEN SPACE & PARKS IS. Attorney's Fees. fn the event that any party to this Agreement brings a lawsuit against any other party in order to enforce any provision of this Agreement or to redress any breach thereof, the prevailing party ln any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to any other available remedy. EXECUTED by the pa11i~s on the dates hereinafter indicated. DATED:~--- ATTEST: Opal Robertson Clerk of the Board APPROVED AS TO FORM: By: Deputy Prosecuting Attorney Date: GEM I,LLC KITSAP COUNTY BOARD OF COMMISSIONERS JAN ANGEL, Commissioner PATTY LENT, Commissioner By: ______ ~---~-- Its: Date:-------------- DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION-5 EXHIBIT A: ANNEXATION A-19-09 MCCORivHCK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PAI~KS STATE OF WASHINGTON COUNTY OF KITSAI• ) ) ) ss. I cm1ify that l know of have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledge it as the -----c--: of GEM I, LLC to be the fee and voluntary act of such party for the purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this __ day of _2005. APPROVED AS TO FORM: By: ~A~tt-or-n-ey-~~o-rG~E~M~l~,~L~LC~---~--- Date: DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECREATION-6 NOT MY PUBLIC in and for the State of Washington, residing at _____ _ My appointment expires: _____ . • • • • • .. · . ' . prelbnlnary concapl plan McCormick Village Park I.M l,l*' th. F'l::-· d 'fJ • .w--.. NO c6 ..... -..II ~ u1 ... _-. ! . . ! i ~;l:-~ ® ® ...... , EXH/811" A: ANNEXATION A-19-09 MCCORMJCK WOODS /NTERLOCAl.AGRIOE~ENTFOR OPEN SPACE & PARKS r I " . l ® ® I I~~~~~ J ll! I ~I'!.UI(i '51;111 I ® (!) ® (]) ........ ®® • ·-.. _-.../-\ • • • :·.; ··.: i: • • v. Open Space, Parks and Recreation Plan Introduction The "Open Spa", Parks and R<mation Plar" is intended to meet all requirements for these infrastructuse facilities at full buil<.l-out of McCormick Urban Village. It meets .U stan!latds and requirements for a community planned for 10,000 residents. It is based an and consistent with the McCormick Urban Village Plan' and other adopted Kitsap County stat1dards for open space, parks and recreation. It meets the master planning requirements ofSec.17.428. It is designed to include protection measures for sensitive areas which meet the stan<Jards ofKitsap Code 11cle 19, Critical Areas Ordinance. The pattern of open space protection ancf P':ovision of active r~creatioil and pocket parks established at the McCormick Woods neighborhood has set a high standard for the remainde. of McCormick Urban Village. 'flus Plan continues that staitdard. It is intended that this plan, together with the accompanying "Mitigation Agreement for Open Space Parks and Recreation", will be formally reviewed md adopted as part of this Application. The Plan includes: Planning Context·-summarizes tlte history and context for planning Desccipt!on of Plan Projects-describes the existing and proposed regional and community projects Financing Plan -p.t:esenta estimated costs ~nd soUtces of revenues for development and maintenance Phasing Plan--shows schedule for ptoposed pr.ojects Standards-summarizes applicable standards and demonstra.tes how Plan meets the standards Mitigation Agreement-defUJes public/private partnership to assure impletncntation of this plan The map, Plan for Opell Space, Psuk a11d RecreatioJJ Facilities, on the next page shows the ______ ..,.,,.,.eJ,.,.sllll-<>siietee-lmap-fel;-th«.E!a....__ __________ _ Planning Context The McCormick Village Open Space, Pa.tks ond Recreation Plan helps implement the adopted plans of Kitsap Counly as well as the visions and commitments of McCormidt Land Company. Kltsap Open Space Plan Kitsap County adopted the Kil!djl Op11 Spa" P/a11 (2000) which establishes priorities for open space, parks and rce<eation throughout the County. The Plan states that an open space system is a 11 connected system of parks, open space~ recreation facilities, gteenways and ttail corrido.tsu. It outlines policies for acquiring, developing and maintaining the system: a. P.reserve and manage ctitical open space; b. Development aitd maintain regional trails; c. Acquire and develop regional parks; 1 Fonnc..dy koowo. a!i the "South Kitsrp UGA/UUD #6 SubArea PlrM'~ adopted by the K.itsap County Boud of Count'/ Com111issioners, Decetnbt:E:" 200.3. April 25, 2005 • • • le I • • d. Collaborate on use of school facilities for community recreation; c. Partner with local jurisdictions to develop and maintain local parks; and,. f. Cooperate with· dues to coordinate ru1d pre-plan development of u.tban parks. VIsion for McCormick lands From the 1980's, McCormick Land Company envhioned building <Ill urban open-space-recreation community on its lands in_ South Kitsap. · The McCormick Woods Master Plan, on the south side of Old Clifton Road, with its public golf course, was the first step toward that long-term goal. The plan established over 400 actes of wetlands, streams and woods as permanently protected open space. -The.ce are now over 600 occupied homes at McCormick Woods in single-family~ duplex and :t.ero-lot line housing. See Exhibit "McCormick Woods M~stor Plan", following this page .. The McCorJn.ick Woods Master Plan was followed in the early 1990's with a plan C'Pianned U~ban Development" or PUD) for neighborhoods on the north side of Old Cbfton Road The plan established setbacks ond buffers to protect stream corcidor.s, steep slopes and wetlands. It included 440 residential units and an approximately 60-acre site fot.a then anticipated community oollege expansiol1 c-•mpus for Olympic College. The plan was known as 11McCormick. C~mpus Station11 • In !998, McCormick took the lead, in cooperation with the State of Washington nnd Kitsap County, in preparation of the MCC:.rmi<k/Calvimwod/Squar< Stale Park Prmrn Plan ~DAW, 1996). The l'latl identified habitats to be presetved and opporturuties for <ecreation. The effort to expand and prese<ve permanent public open space in this area continued through the 11.ext live years. Studies and surveys sponsored jointly by Kitsap County and McCormick identified this area as the headw~te<S for Coulter and Rocky Creeks. A sketch plan for potential uses~ including open space protection, multi~use ttails and active rec.~:eation --was prepared (TI1e Berger Partnership, March 2003). Later that yeor the County •C<juired title to approximately 1,200 acres and created Coulter Cteek Heritage P>.J:k as a regional community park, fulfilling one of the Kitwp Open Space goils fot a heritage park in South Kitsap. An ioiti<l recreation use-a Radio-Controlled Airplane Park-is already in place, and plans are ----~rimpwving tmilsegmw"'=''"-·---·------------- See "McCormick/Calvinwood/Square Lake Preserve Conceptual Master Plan", "Watershed Areas'\ and "Coulter Creek Herita·ge Park Flann maps on the following pages. County Plan for McCormick Urban Village The McCormick Urban Village plat1, adopted by Kitsap County in December 2003, formalize., a land use pattern that is consistent with and expands the original vision for this community. The Village plan is fot mixed-use neighborhoods, including business park, village center, and a variety of neighborhoods, and a centrally located community park site. With its requiretnents for a comprehensive open space} parks and recreation plan jt afflrms the .intent to create urban ope~-space-recteation cOUU11unity. Open Space, Parks and Recreation Plan for Mccormick Urban Village This current Open Space, Patks and Recteation Plan builds on the Kittap Opw Spa" Pial/and the McCormick Village Phu to t'llke the pl-anning for open space, parks &nd recreation to the next le-vel of detail. It jdentifies specific projects for r~gional and community facilides1 April 25, 2005 2 • estimates costs foe acquisition. devetopmettt and maintettance nnd lays out a development phasing plan. · • ---------·--·-- April25, 2005 3 • • • Plan Projects The topography at McCormick Urban Village· consists bf a series of undulating north-south ridges, pocket wetlands and stteam corridoJ::s. The o"pen spaces arc comprised.ofwetlands, stream corddots and forested lands-a good example of a typical northwest ecosystem. At the northern edge, U1e land falls steeply from a plateau to .tl1e lands· below, along Sinclait Inlet. The land configuution and the .Plan-land uses esMblish the opportunities to create a comprehensive plan for projects to enhance: and preserve open space, establish'parks and create recreation facilities. 'lbe projects are demibed here as Existing RegionafProjects, Proposed Regional Projects, and Proposed Community Projects. See also surnmaty in the chart) Proje'cts_, Concept Pftws :owd l!nple~nelltatioJJ StrategY, following this section. Existing Regional ProjeGtS There are three existing facilities that are part of the Kitsap County regional system of open space, parks ~nd recreation. The fJtst is a major open space system at and adjacent to McCormick Urban Village is that includes the Coulter Creek Heritage Patk and contiguous open space:: B:teas. 'The second is the Anderson Cteek Headwaters Viewpoint located just off McCormick Woods Boulevard. The third regional facility is the McCormick Woods Golf Course, a privately-owned, open-to-the-public 18- hole golf course. 1. Coulter Creek Hcritoge Park, Square Lake, Big Pond The 1,200+/-acre Park is paet of an over 2,000 acre swnth that extends north into McCormick Urban Village at Dig Pond and Square Lake areas, through the McCormick Woods open space, the headwaters of Anderson Creek and into a part of the Bremerton Wate,hed. It extends from Square Lake on the cast, along the southern. boundary of the Village, acwss Sunnyslope Road to the Bonneville Power Administration lines on the west, neat Brernerton National Airport. It is the·headwatel:s of several streams and creeks and supports nnth'~e vegetation, birds Rnd small rnammals. 1t is sorn.elimes difficult to identify the boundary between Coulter Creek Heritage Park and adjacent ownerships, most especially at the soud1 boundary of McCormick ~-----·--··---TIJ·bao Village._Thm_tnajor feafllres straddle: the bcun&uy and offer urUq~_u·-------·-------··-·­ opportunities for jojnt m:aaagement or expansion of the P~rk-Big Pond and Squate • April 25, 2005 Lake. This Plan will formally link these ru:eas. • Big Pond is a 20-acro lake lying immediately south of McCormick Urban Village. The south portion of the pond is within the Coull« Creek Heritage Park and the north part is within the Village. Big Pond Tuil is a favorite of local residents and offers opportunities to observe the workings of alru:ge beav~ colony. The trail, which connects to other trails in Coulter Creek Heritage.".: ParkJ crosses lands variously owned by the ParkJ McCormick Woods Association and GEM I U£. A joint management agreement for trails that cross these. boundades could result in cost savings. • Square Lake.is an approximately 30-acre lake with the south one-half sited h1 Squate Lake Park, which is owned by I<itsap County and managed by the. State of Wash.ialgton and for all intents attd putpoaes is part of Coultet Creek Herit11.ge Park. There js a small beach and picnic area with access from Lake Flora Road. The northern part of the Lake is within the boundaties of McCormick Urban Village, on land which i' still ownod by the developer. 4 TI1e proposal is to expand the Park at this location to encompass Square Lake and to develop additions to dw trail system. 2. McCormick Woods Open Space--At the western edge of McCormick Woods, betv:een McCormick Woods and the to-be-developed McCormick West, there is approxilnately 400 acres of woods and weclands extending itotth-south which i' part of the ove:rall critical open space system. This area) with over 6 miles of trails, is ctlrr;ently owned and maintained by the McCottnick Woods Homeowners Association. The trails through this privately-owned space include the Big Pond Trail which links to Coulter Creek Heljtage Park. There is a public easeme.nt over the western-most trail, although the last segment to Old Clifton Road has not been deHned. The proposal is to enter into a joiut maiiagement agreement with the McCormick Woods Association so that this trail is included in the regional trail system. 3. Anderson Creek Headwaters Viewpoint Located on the west side of McCormick Woods Drive, approximately 450 feet south of the intetSection with Old Clifton Road, is a monument and viewpoint for the Anderson Creek Watershed. The display, which was erected with the sponsorship of the Anderson Creek Stream Team and McCormick Land Company, presents infottnation on the watershed which drains into Puget Sound. Prom the site, which has pru:lting acce.s, visitors can view a latge typicol wetland envitonment. Proposed Regional Projects Because the expansive areas of open space are owned by several cooperative entitiesJ there are special opportuniti~ to expand and improve the regional open space and park system. The. projects include: a defined trail from Coulter Creek Hctitage Park to SR 16 and the Mosquito Fl~et Trail; a trailhead in McCormick Urban Village into the Park near llig Pond; and, ·expansion.of the Park and trail <<tension at Squrue Lake, 1.--±'roil-from-·Goult<:r..Q-..ek.Uedtage.l~ark to SR16.andihe..Ma.s.quito Fleet Ttai I When completed resi,Ients and visitors will be able. to walk from the Coulter Creek Heritage Park south of McCormick Urban Village north through McCormick Urban Village and the Bremerton Watershed to the southem edge of Highway 16, along Sinclair Inlet. The proposal is that the County plan at this location for a connection to the Mosquito J:o1eet Trail, which is proposed to run the entire length of the Kitsap Peninsula ·along the shore ofPuget Sound. These trails, together with sidewalks in the Village where appropriate, also serve as . practical paths from neighborhood to neighborhood and ftom the residential areas to the future village center and business park. April25, 2005 • Link 1: CCHP to McCormick Village Park There is a public easement along this trail which extends from Coulter Creek Hetitage Po.rk, near Big Pond to Old Clifton Road. Currently, this U:ail is owned and maintained by the McCormick Woods Association ~nd no significant provision has been lllade for public use. As planned here, this link would be extended, as part of the 5 • • • I I le • • developet's responsibi~ty, acwsa Old Clifton Road to McCormick Village Park when the fl:rst division of houses-is const.tucted on McCormick North. • LJnk 2: Village Park to the Bremerton Watershed McCormick Village Park (described in detoil below and•hown in concept plan) is centrally located in _the Village. There aretxisting old logging roads whlch will be improved .s pathsJ both west and east. To the east the path will connect with a water line easement which will extend to the south boundary of the Bremerton Watershed. This easement will be dedicated and improved by the developer when a water line is instoiled to serve the McCormick North neighborhoods. • Link 3: North through lhe Bremerton Watetshed The water line easement , and improvement extends north, downhill, across the Brem.crtOn Watershed. It will be located outside the And<ttson Creek setback buffer. lise of this easement for a. trail as patt of the t:egional ttru.l system will.t:equire an agreeme11t between Kitsap County and the City of Bremerton. • Unk 4: Ac~oss SR16 'This link would join up with a future proposed Mosquito Fleet Trail along Sincla.iJ: Inlet. 'rho Mosquito Fleet Trail is being developed as opportunities become available and is planned to run the entire length of the Kitsap Puget Sound c<nstline. A pedestrian crossing over SR 16 will be reqtrired. The project will need the cooperation ofWSDOT to proceeJ. 2. Trailliead to Coulter Creek Heritage Park in south part of McCormick Urban Village near Big Pond A trailhead is shown on the concept plan for Coulter Creek Heritage Park, located Ul the south part of McCormick Urban Village. ln concept it would have limited parking, an infotmation kiosk and restrooms. Planning for this project wiJl occur in the near futute~ at cl1c same time as the planning for cooperative management agreements for the wills at Big Pond and through the McCormick Woods Open Space. The developer will dedicate the land for the ttailhead at such time as devclo~mcnt ofMc.Connick West proceeds. 3. Expand Coulter Creek Homagel'nt("lifimJf"d'S"<jU"lli"C"tuke As described-nb-ovc-~-­ in the il>fonnation about Square Lake, lhe lake extends north into McConnick Urban Vill•ge. Preliminary lleld study indicates that a trail could be constructed in this area that could at least extend exisling trails at Square Lake and perhaps eventually circle the lake. TI1e proposal is to cooperate with Kitsap County on the location and construction of the trail. Til.is work will proceed at the sa.me time as plans are made for futw:e neighborhoods in this area. The developer will dedicate lhe land. PfQposed Community Projects The McCormick Urban Village Plan strategically sites two major community facilities, a huge community park and a roulti-s~hool site. These two . projects, one developed by GEM I llC and the oilier when SKSD#402 builds schools, ar.e intended to provide for all active .recreation fO!' Village. residents. In 11ddition, the · commitment to providing 11 pocket patks" within the residential1leighborhoods in a manner consistent wi~t the housing market served by each neighborhood will continue. 4. McCormick Village Park McCormick Village Park is comprised of over 65 acres of protected wetlands and play areas. It is located on the north side of Old Clifton Road, just east of the proposed "Campus Boulevard 11 • The play areas ~te sited an a April25, 2005 6 low ridge between the wetlands that drain into the west fork of Andetsotl Creek. A preliminary concept pion for the park has been prepared by The Be.gcr Partnership (june 2004). Sec ne>t page. 111e concept is for a central gathedng space for community xcsidents. In the center there is a Village Green, surrounded by generous paths. There is an adja~ent children's play area. Restrooms arc nearby. A sports meadow is located near Old Clifton Road with bicycle wd pedestrian access. The northern part of the park is reserved for informal play, with open fields, running paths, a kite hill and an overlook picnic area. Parki11g is located off Campus Boulevard. A flrlal plan will be completed with the development of tl1e fust h.ousing on McCormick North. The park will be developed in phasea as the community grows, which different phases scheduled specifically as fust 300, then 500 and finally Village Center homes are occupied. See Phasing Plan, below. 5. School Facilities The McCormick Urban Village plan includes an approximately 59+.acre school site. The site is located on the north side of Old Clifton Road, at the western boundary, at Fcigley Road, The Soutl1 Kitsap School District #402 (SKSD#402) and McCotmkk have cooperated on the location qf this school site and on providing urban utilities and regional stonnwater systems to support future school ·construction. Although the District does not have sped fie plans for schools at tlus time, the site is adequate to provide for either a ji11Uo.r and senlor high sdwol, or, an elementary and junior high school. SKSD has an adopted policy of coop·erating with the community to allow use of its facilities for conununit.y recteation: "The Board recognizes and supports tl1e concept of conlm.unity schools and/ or community eduattion. To this end, the Board encourages the utilization of all Di.trict facilities for this putpose widlin budgetary limitations. The Superit1tendcnt -----------recottlf.R.etlds..toJ.he Board for its-appmval operatingBJtideliocs for implementing the Community Education Prog1111n." The schools' balificlds and other athletic facilities will be available for community residents' use. 6. Pocket Parks In addition to the major facilities described above there are small play fields, sport courts and tot lots sited in the neighborhoods. While these are open to aU tesidents, those who live nearby are most likely to usc thern. These will be planned and constructed by the site developers and home builders, depending on the housing market. 7 Apri125, 2005 • • • ,..-..oop UUit~ Meeting Dale: February 22, 201 o A teeJ I o. Agenda Item No: '-..:.'4~HIH0 l<l~ • Kitsa~ Count!( Board of Commissioners Department: Commissioners Office St<1ff Contact: Eric Baker Title: Special Projects Manager Recommended Action: Consider public testimony and recommend approve of interlocal agreement. Over the last two-years staff has been negotiating the transfer of service responsibilities with the City of Port Orchard regarding the McCormick annexation area finalized in July 2009. While responsibility for service largely transferred to the City at the time of annexation, there are several remaining issues to be addressed in the areas of transportation, parks and stormwater. To resolve these issues, the County and City have been working on three separate inter-local agreements {I LA) including parks, stormwater and transportation. The first of which is the Parks and Open Space ILA regarding the future ownership, development and maintenance of parks and trail facilities within the annexation areas. A primary component of this parks system is a currently undeveloped 63.5-acre regional park site. The land for this park was deeded to Kitsap County by GEM 1 in 2007 as well as a lump sum payment for its development in the amount of $643,732 in 2008. As responsibility for the park, its development and future maintenance and operation are now the responsibility of the City: the ILA would transfer the property as well as the lump sum • payment from the County to the City . Additionally, the ILA addresses responsibility for other parks and trails in the McCormick Village (except those privately owned within the McCormick Woods development) and several liability issues regarding past County work in the annexation area. After review by all affected departments and briefings, the County provided a draft ILA to the City in August of 2009. The City approved this draft ILA without amendment on December 5, 2009. Staff recommends approval of this signed I LA. ' Attachments: 1) Parks ILA as approved by the City of Port Orchard Fiscallm~act Expenditure required for this specific action: $643,732 Total cost including all related costs: $643,732 plus staff time. Related Revenue: $0 Cost Savings: $0 Total Fiscal Impact: $643,732 plus staff time. Source of Funds: Developer Payment FiscallmRact {DAS} Review Departmental Coordination Department I Representative I Recommendation/Comments • Contract Information Contract Number Date Original Amount of Original Total Amount of Amended Contract or Contract Contract Amendment Amendment Approved