034-21 - Ordinance - Contract with Sidney Road Apartments for Impact fee CreditORDINANCE NO.034.2L
AN ORDINANCE OFTHE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH SIDNEY ROAD
APARTMENTS, L.L.C.; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.708.170, the City Council has the authority to review and
enter into development agreements that govern the development and use of real property within
the City; and
WHEREAS, the City Council has adopted standards and procedures governing the City's
use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code
(POMC); and
WHEREAS, the City and Sidney Road Apartments, L.L.C. have prepared a Development
Agreement to address the design, construction, and funding of certain transportation
improvements within and near the Sidney Road Apartments development in the vicinily 4977
Sidney Road SW, as provided in "Exhibit A" of this Ordinance; and
WHEREAS, Sidney Road Apartments, L.L.C. also has adjacent land that it may want to
transfer, and the City may want to acquire, for the purposes of parks property; and
WHEREAS, both the construction of the transportation improvement and the transfer of
the parks property will result in Sidney Road Apartments, L.L.C. being entitled to credits towards
transportation or parks impact fees; and
WHEREAS, on November 9,2020, the City's SEPA official issued a determination of non-
significance for the proposed development agreement and there have been no appeals; and
WHEREAS, on July 13, 202I, the City Council held a public hearing on the proposed
development agreement and comments were received; and
WHEREAS, the City Council, after careful consideration of the development agreement
and public comments and testimony, finds that the development agreement is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents
of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Ordinance No.034-21
Page 2 of 3
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance and
all "Whereas" sections of the Development Agreement as findings in support of this ordinance.
SECTION 2. The City Council approves of and authorizes the Mayor to execute a
development agreement with Sidney Road Apartments, L.L.C., as provided in "Exhibit A" of this
Ordinance.
SECTION 3. Severability. lf any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This Ordinance shall be published in the official newspaper
of the city and shalltake full force and effect five (5) days after posting and publication as required
by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance,
as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this L3th day of July 202L.
ayor
ATTEST
Brandy Rinearson, MMC, City Clerk
AP ED AS TO S SOR:
arlotte A. Archer, City Attorney
PU BLISH ED : July L6, 2O2I
EFFECTIVE DATE: July 2L,202L
Bek Ashby, Councilmemb
Ordinance No.034-21
Page 3 of 3
EXHIBIT A: SIDNEY ROAD APARTMENTS, L.L.C., DEVELOPMENT AGREEMENT
PORT ORCHRRD
ar:irual, #?#".,, 1 2@2to7220o28
Paul Andre!s, fit.!'p co nuditor Pase: 1 of 26
Name and Mailing Address
City of Port Orchard-Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly
Document Title(s):Development Agreement between Sidney Road Apartments
LLC and the City of Port Orchard
Auditor's File Number of Document (s) Referenced
Grantor(s) person(s) that conveys, sells or grants interest in property:
N/A
Grantee(s) person that buys, receives or to whom conveyance of property is made:
N/A
Abbreviated Legal Description:. Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); ORr PlaVCondo Name, lot or unit number, building or block number; OR. Short Plat, Large Lot number, lot number and auditor file number
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1 1,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
Assessor's 14 digit Tax Parcel Num 112301-2-053-2007
04125114
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND SIDNEY ROAD
APARTMENTS L.L.C. FOR THE DEVELOPMENT AND F'UNDING OF' CERTAIN
TRANSPORTATION AND PARK IMPROVEMENTS
THIS DEVELOPMENT AGREEMENT is made and entered into this 13th day of July,
202l,by and between the City of Port Orchard, a non-charter, optional code Washington municipal
corporation, hereinafter the "Ctty," and Sidney Road Apartments L.L.C. a limited liability
company organized under the laws of the State of Washington, hereinafter the "Developer" or
"Sidney Road" (together the "Parties").
The Parties hereby agree as follows:
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control of
real property within its jurisdiction (RCW 36.108.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.708.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.708.t70(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
("POMC" or "Code") which establishes the standards and procedures for Development
Agreements in Port Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, the Developer has applied for a Development Agreement under Chapter 20.26
POMC on June 7,202I and such Agreement has been processed consistently with the POMC and
State law; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
the Developer (hereinafter the "Development Agreement" or "Agreement"), relates primarily to
the development of property owned by Developer at 4977 Sidney Road SW (Kitsap County Tax
Parcel #11230I-2-053-2007) (hereinafter, the "Sidney Road Property"); and
WHEREAS, the Developer proposes to develop the Sidney Road Property with a multi-
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Aparfments L.L.C.
Page 1 of19
1386186.8 - 366922 -OO3L
famity development consisting of approximately 216 units of housing, residential amenity facility,
parking for 356 vehicles, landseaping, and associated site improvements (collectively, the
"Development Project" or City Permit No. PW 20-064); and
WHEREAS, the City is undertaking review of the Development Project pursuant to the
POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development
Proposal with the issuance of a Determination of Non-significance issued on Decemb er 23,2020
("DNS"). The DNS for the Development Project was not timely appealed; and
WHEREAS, associated the Development Project, the Developer proposes to construct at
its expense, transportation improvements defined as 2026-2039 Tier 2 Transportation
Improvement Project #2.05 "Sidney Road Widening" on Sidney Road SW as defined herein as the
"Transportation Improvement Project" and as shown in ROW Permit No. ROW21-028, which are
eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC
20.182.080; and
WHEREAS, the Transportation Improvement Project is necessary and is required to serve
the Development; and
WHEREAS, the Transportation Improvement Project also provides a benefit to the general
public; and
WHEREAS, associated with the Development Project, the Developer owns property
adjacent to the Sidney Road Property at 507i Sidney Road SW (Kitsap County Tax Parcel #
Il230l-2-009-2002) (hereinafter, the "Planned Park Property"). Developer is exploring the option
to dedicate the Planned Park Property to the City as a public park, which the Parties acknowledge
would be eligible for park impact fee credit pursuant to RCW 82.02.060(4) andPOMC 20.182.080;
and
WHEREAS, this Agreement governs the development of the Transportation Improvement
Project and the respective transportation impact credits that will result from the Developer
undertaking this Transportation Improvement Proj ect; and
WHEREAS, this Agreement also governs the possible conveyance of the Planned Park
Property, and the park impact fee credit that could result from Developer's conveyance of the
Planned Park Propefi; and
WHEREAS, except with regard to this Transportation Improvement Project, Planned Park
Properfy, and the respective applicable impact fee credits, this Agreement does not establish or
modifr the standards or conditions for the underlying development which is being undertaken in
accordance with applicable code and regulations; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Developer and include a transportation impact fee
credit calculation and method for determining any parks impact fee credits, the parties deem it in
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page2 of 19
1386186.8 - 366922 -OO3L
their best interests to enter into this Agreement; and
WHEREAS, the City Council hetd a public hearing on July 13,2021 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. 034-2I, the City Council authorized
the Mayor to sign this Agreement with the Developer.
AGREEMENT
Section 1. The Sidney Road Property. The Sidney Road Property comprises 4977 Sidney
Road SW (Kitsap County Tax Parcel #11230l-2-053-2007). The Sidney Road Property is
described on Exhibit A which is attached hereto and incorporated herein by this reference as if set
forth in full. A map of the Sidney Road Property is shown Exhibit B on which is attached hereto
and incorporated herein by this reference as if set forth in full.
Section 2. The Planned Park Property. The Planned Park Properly compromises 5071
Sidney Road SW (Kitsap County Tax Parcel # 112301-2-009-2002). The Planned Park Property
is described on Exhibit A which is attached hereto and incorporated herein by this reference as if
set forth in full. A map of the Planned Park Property is shown on Exhibit B which is attached
hereto and incorporated herein by this reference as ifset forth in full.
Section 3. Transportation Improvement Project and Planned Park Property.
Pursuant to this Agreement, Developer shall be responsible for the construction of the
Transportation Improvement Project as defined herein and may, if the Parties agree, improve and
transfer the Planned Park Property as defined herein.
a) Transportation Improvement Project. Developer shall construct a portion the Sidney
Road SW Project 2026-2039 Tier 2 2.05 (defined herein as the Transportation Improvement
Project) as shown in Exhibit C. The Transportation Improvement Project shall serve the Sidney
Road Properfy, amongst other properties within the vicinity, and shall provide connectivity and
capacity for the City. The Transportation Improvement Project shall be eligible for transportation
impact fee credits as provided in Section 11 of this Agreement.
b)Fee Credit The Transportation Improvement
Project will serve the Sidney Road Property and the impact fee credits authorized by this
Agreement are only applicable to pending building permit applications 2l-044,21-045,2I-046,
2l-047,27-048,2I-049,2I-050,2T-051,21-052,21-053, and2I-054 for the properties identified
on Exhibit B.
c) Planned Park Prope4v. Developer may transfer the Planned Park Property to the City
in exchange for a parks impact fee credit for the fair market value of the Planned Park Property
plus the Developer's actual costs to make the Planned Park Property ready for transfer. The fair
market value of the Planned Park Property shall be calculated as provided in Section 13. Making
the Planned Park Property ready for transfer shall be defined as: (a) planting the Planned Park
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 3 of 19
1386186.8 - 366922 -OO37
Property with native vegetation in accordance with an approved planting plan; and (b) providing
temporary irrigation to the new vegetation for two growing seasons, regardless of when the transfer
takes place.
Section 4. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as
required by RCW 36.708.200 and Chapter 20.26 POMC.
b) "Commence construction" as to the Transportation Improvement Project means that
the City has issued all required permit(s) and the Developer has deployed construction equipment
and personnel to the site of the Transportation Improvement Project.
c) "Completion" as to the Transportation Improvement Project means compliance with
the tasks described in Section 10.
d) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
e) "Development Project" means the development of the Sidney Road Property with
approximately 216 units of housing, residential amenity facility, parking for 356 vehicles,
landscaping, and associated site improvements as shown in Exhibit B and approved by the City
under Permit PW20-064 and associated with Building Permits No. 21-044,2I-045,2I-046,21-
047, 2I -0 48, 2I -049, 2I -0 5 0, 2I -0 5 I, 2l -0 52, 2l -0 53, and 2l -0 5 4
0 "Director" means the City's Public Works Director
g) "Effective Date" means the effective date of the Adopting Ordinance.
h) "Maximum credit" means the maximum amount that is eligible for Transportation
Improvement Project or the Planned Park Property transfer to this Agreement for which
transportation impact fee credits or park impact fee credits (as applicable) will be provided by the
City to the Developer.
i) "Transportation Improvement Project" or "Project" means the Transportation
Improvement Project described above which serves both the Sidney Road Property and the greater
community, as specified in Section 3, as provided for in all associated permits/approvals, whether
now in place or to be issued in the future, and as described in all incorporated exhibits.
Section 5. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A - Legal Description of the Sidney Road Property and Planned Park
Property.
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 4 of 19
1386186.8 - 366922 -0031
b) Exhibit B - Map of the Sidney Road Property and Planned Park Property with the
Development Project and with permits listed in Section 3 identified.
c) Exhibit C - Transportation Improvement Project, including components.
Section 6. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at216 Prospect Street,
Port Orchard, WA 98366.
b) The "Developer" or "sidney Road Apartments L.L.C." is a private enterprise which
owns the Sidney Road Property in fee, and whose principal office is located at 1302 Puyallup
Street, Suite A, Sumner, WA 980390.
Section 7. Improvement Project is a Private Undertaking. It is agreed among the parties
that the Transportation Improvement Project and Planned Park Property transfer, if conveyed
pursuant to this Agreement, are private improvements for which credits are required pursuant to
RCW 82.02.060(4) and that the City has no interest in the improvements until such time as the
TransportationlmprovementProject andlortransferofthePlannedParkPropertyiscompletedand
dedicated to the City as provided in this Agreement.
Section 8. Term of Agreement. This Agreement shall commence upon the effective date
of the Adopting Ordinance approving this Agreement and shall continue in force for a period of
five (5) years unless extended or terminated as provided herein. Following the expiration of the
term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect
except for such sections which are specifically intended to survive expiration or termination.
Section 9. Project Schedule. Subjectto the City's issuance of all necessary permits and
approvals, the Developer will commence construction of the Transportation Improvement Project
and deliver the Park Property on the following schedule:
a) Transportation Improvement Proj ect.
1. The Transportation Improvement Project requires two permits: (a) Land
Disturbing Activity Permit ("LDAP"); and (b) Right of Way Permit ("ROW
Permit") (collectively, the "Transportation Improvement Permits"). Developer has
submitted the Permit applications for the Project (LDAP No. PW 20-064 and ROW
Permit No. 2i-030). Developer's conshuction of the Transportation Improvement
Project is associated with the issuance of certain building permits associated with
the Development Project, specifically City Permit Nos. 21-044,21-045,2I-046,
2l-047, 2l-048,21-049, 2l-050, 2l-051,21-052, 2l-053, and 2I-054 ("Building
, Permits"). Developer has also submitted a ROW Permit application for associated
work on SW Hovde Road (ROW Permit No. 21-030 and "Hovde Road ROW
Permit").
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 5 of 19
1385185.8 - 366922 -OO3L
b)Parks
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 6 of 19
1386186.8 - 366922 -OO3t
2. The City has already issued the approved LDAP and has issued its first
round of corrections on ROW PermitNo. 21-030. The City shall review and make
final determinations on the Transportation Improvement Permits, the Building
Permits, and the Hovde Road ROW Permit within forty-five (45) days of the
effective date ofthis Agreement. Any days thatthe City is waiting forthe Developer
to submit corrections to the application shall be tolled. In the event that the City
requires additional time beyond this window to review the Transportation
Improvement Permits and Hovde Road ROW Permit, or requests additional
corrections from Developer, the timeline for Developer's obligation to construct
the Transportation Improvement Project is tolled until the date that the City makes
its final determination on the Transportation Improvement Permits.
3. Upon issuance of the Transportation Improvement Permits, the Developer
shall commence construction of the Transportation Improvement Project within
120 days and proceed in a timely and workmanlike fashion through completion,
provided however, the Developer shall be solely responsible for the means and
methods for construction sequencing and phasing.
4. Developer shall complete the Transportation Improvement Project no later
than the date of the issuance of a Certificate of Occupancy for the last residential
structure contained within the Development Project, or 60 calendar days prior to
the Termination of this Agreement, whichever date occurs first.
Transfer
1. If Developer decides it desires to transfer the Planned Parks Property to the
City pursuant to this Agreement (the "Parks Properfy Transfer"), then it shall
confirm the City's interest in receiving the Planned Parks Property. If the City is
interested, then the Parties will determine the Planned Parks Property value by
using the fair market value of the Planned Parks Property as follows:
The Developer will hire a certified property appraiser, pay for the appraisal, and
provide a copy of that appraisal report to the City. The date for valuation pu{poses,
including but not limited to sales comparisons used for the valuation, shall be June
I,2021. The City shall use its best efforts to review the appraisal report and provide
a response to Developer on the valuation within 30 days of receipt. If both the City
and the Developer agree that the appraisal is fair and reasonable, then the appraised
value will be accepted as the Planned Parks Property value for park impact fee
purposes; provided, however, Developer shall also be eligible for credits for the
construction and development-related costs incurred by Developer pursuant to
Section 1 1. If the City disagrees with the appraisal, then the City may hire its own
appraiser to perform a second appraisal at the Developer's expense. The date for
valuation purposes shall be the same as used in the Developer's appraisal. The City
shall use its best efforts to obtain an appraisal report within 60 days of notice to the
Developer of its disagreement with Developer's appraisal. If that second City-
initiated appraisal is within ten (10) percent of the value established by the first
Developer-initiated appraiser, then the Parties will take the mid-point between the
two appraisals and use that as the fair market value. If the appraisals are more than
10 percent apart,the Parties have the options of: (a) agreeing to avalue, establishing
another method to set the fair market value of the properly, or (b) either party may
decide not to move forward with the Parks Property Transfer. If one Parfy decides
not to move forward with the Parks Property Transfer, the Party shall provide
written notice of such decision and the Planned Parks Property would not be
transferred and there would be no park impact fee credits given for the proposed
transfer. If this occurs, then the Parks Performance Bond (as defined in Section 13)
shall be released and the fulI park impact fees as required by Section 13 will be due
from the Developer for any outstanding building permits related to the
Development Project and the Park. For any building permits that have already
issued prior to the Party's or Parties' decision to not move forward with the Parks
Property Transfer as provided in Section 13, the impact fees will be due and payable
immediately and must be paid no later than thirty (30) from the date of the written
notice not to move forward. In such case, no certificates of occupancy will issue
until full payment of outstanding impact fees is received.
2. Prior to transferring the Planned Parks Property to the City, the Developer
will make the Planned Parks Property ready for transfer as follows: 1. The
Developer shall provide a native planting plan to the City for approval. Such
landscaping shall be Type B landscaping in accordance with POMC 20.I28.060.2.
Once the City has approved the plan, the Developer will install the planting onto
the Planned Parks Property per the approved plan. 3. The Developer will provide
temporary irrigation to the new vegetation for two growing seasons to ensure that
the plantings become well-established. Providing the irrigation for two growing
seasons is an obligation that will extend beyond the transfer date of the Planned
Parks Property if the two growing seasons have not elapsed at the time of such
transfer.
Section 10.Transportation Improvement Project standards.
a) General. Developer will design and construct the Transportation Improvement Project to
comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The City will approve the plans before
construction begins; and the City will accept responsibility for the operation of the
Transportation Improvement Project once it is completed, the Transportation Improvement
Project has been accepted, and a two-year warranty and maintenance bond is in place. A
Project will be deemed completed when all of the following occurs: 1. The City deems it
substantially complete; 2. All punch list items are finished; 3. The City releases the
performance bond;4. The Developer has put a2-year warranty and maintenance bond in
place;5. The Developer has completed all necessary property dedications; 6. The City has
accepted the dedications, such approval not to be unreasonably withheld or conditioned;
and 7. The Developer has provided the City with a Bill of Sale for the improvements
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
PageT of19
1386186.8 - 366922 -0031
containing the certified construction costs (stamped by licensed engineer) to the City for
determination of the maximum credits available under this Agreement. The City will
confirm completeness of the Transportation Improvement Project by issuing a Final Notice
of Completeness to the Developer.
b) Transportation Improvement Project. The Transportation Improvement Project will
include design, permitting, and construction, at Developer's sole expense of 2026-2039
Tier 2 TIP Project 2.05. The Transportation Improvement Project shall meet the City
standards for public rights of ways and shall provide the amenities that are described in
TIP Project 2.05 with such conditions as the City deems applicable and appropriate in
LDAP/SDAP PermitNo. PW20-064;provided, however, the City shall not add conditions
to the Transportation Improvement Project that arc inconsistent with Exhibit C.
The Transportation Improvement Project construction work shall be secured by a
Performance Bond at I50o/o of the estimated construction costs. The Performance Bond
shall be in place prior to Developer commencing work on the Transportation Project. Prior
to City acceptance, the construction of the Transportation Improvement Project shall be
inspected by the City, approval of which shall not be unreasonably withheld. In addition
to the requirements in Section 10(a) above, the City's final approval of the Transportation
Project shall be conditioned upon receipt from Developer a two (2) year Maintenance Bond
at20Yo 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 Transportation Improvement
Project, except for those maintenance obligations of Developer secured by the two-year
Maintenance Bond. Upon City's acceptance of the Transportation Improvement Project,
Developer shall not be responsible for any further costs, maintenance or liability for the
Transportation Improvement Project. This provision survives the Termination of this
Agreement.
Section 1,L. Transportation Improvement Projects and Planned Parks Property costs
and credits.
a) Transportation Improvement Project. The maximum amount of the Transportation
Impact Fee credit for the Transportation Improvement Project to be built by Developer
under this Agreement shall be limited to the total Transportation Impact Fees due on
the Project (cunently calculated as $469,800), or the actual costs incurred by the
Developer, whichever is less ("Maximum Transportation Project Credit"). The credits
provided under Section 12 below are limited to this Maximum Transportation Project
Credit. Once the Maximum Transportation Project Credit has been achieved through
credits applied to Developer for the Development Project, Developer would be required
to comply with the impact fee provisions of the Code for any further development of
the Sidney Road Property that requires payment of transportation impact fees,
including payment of any transportation impact fees incurred over and above the
Maximum Transportation Proj ect Credit.
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 8 of 19
1386186.8 - 366922 -OO3L
b) Parks Propetv Transfer. The maximum amount of the Parks Impact Fee credits for the
Parks Property Transfer shall be limited to the total Parks Impact Fees imposed
(currently estimated to be $126,144) or agreed value of the Planned Parks Property plus
the actual construction and development-related costs incurred by the Developer to
make the land ready for transfer, including but not limited to the cost of the designing
and constructing the planting plan of native vegetation and the temporary irrigation for
two growing seasons, whichever is less ("Maximum Park Impact Fee Credit"). Once
the Maximum Park Impact Fee Credit has been achieved through credits to Developer
for the Development Project, Developer would be required to comply with the impact
fee provisions of the Code for any further development of the Sidney Road Property
that requires payment of parks impact fees, including payment of any parks impact fees
incurred over and above the Maximum Park Impact Fee Credit.
Section 12. Transportation Impact Fee Credits. The City hereby grants the Developer a
credit against transportation impact fees for its costs to design and construct the Transportation
Improvement Project. The credits will be calculated and applied as follows:
a) The total estimated transportation impact fee required at the time of building permit
issuance for the Development Project is currently $469,800. Developer shall pay
the transportation impact fees required at the time of building permit issuance,
provided however, that if the Developer obtains permits and puts the Transportation
Performance Bond in place no later than February 28,2022, then the impact fees
will be calculated based on the rates in effect on June 1,202I regardless if the rates
have subsequently been adjusted. The estimated impact fees in this Agreement are
an estimate only and the Developer understands that the amount of impact fees
required may change if Developer changes the scope of the Development Project.
If the permits are not issued and the Transportation Performance Bond put in place
by February 28,2022,then the impact fees will be adjusted in accordance with the
City's adopted codes and ordinances in effect at the time of permit issuance.
Prior to the issuance of the first building permit for the Development Project,
Developer shall provide a Performance Bond, in a form acceptable to the City, for
150% of the Engineer's Estimate for the Transportation Improvement Project, or
the then applicable Transportation Impact Fees due on the project (cunently
$469,800), whichever amount is greater ("Transportation Perforlnance Bond").
The City will defer the final calculation, assessment, and collection of the
transportation impact fees for the Development Project until the completion of the
Transportation Improvement Project. The parties anticipate that the Maximum
Transportation Fee Credit will cover all or most of the transportation impact fee
required for the Development Project. The City shall issue any Certificate of
Occupancy requested by the Developer in due course as required by the Code and
this Agreement provided the Transportation Performance Bond remains in effect at
time of a request for a Certificate of Occupancy. Upon completion of the
construction of the Transportation Improvement Project, Developer shall submit
certified Transportation Improvement Project costs to the City for review and
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 9 of 19
1386186.8 - 366922 -OO3r
acceptance by the City Engineer as provided in the Code. Once these costs and
executed Bill of Sale are reviewed and accepted by the City Engineer, not to be
unreasonably withheld, conditioned, or delayed, the maximum credit due to
Developer willbe established and will equal the Maximum Transportation Project
Credit as so certified in accordance with this subsection and Section 1 1. In the
event that the Maximum Transportation Project Credit satisfies the transportation
impact fees for the Development Project, the City shall release the Transportation
Performance Bond. If any remaining transportation impact fees are required after
crediting the Maximum Transportation Project Credit against the Development
Project, the Developer shall pay those fees prior to the issuance of any outstanding
Certificate(s) of Occupancy. The City shall use best available efforts to review and
certiff the transportation impact fees and issue any corresponding Certificates of
Occupancy within 14 days of receipt. In the event Developer defaults on any
requirement under this subsection, the City's remedies include pulling the
Transportation Performance Bond and holding any outstanding Certificates of
Occupancy until such time the Transportation Project is completed, and any
outstanding impact fees are paid in full or credited.
b) The City agrees that these credits are consistent with RCW 82.02.060(4) and that
they are consistent with POMC 20.182.080.
Section 13. Park Impact Fee Credit. The Development Project is subject to the City's
parks impact fee pursuant to POMC 20.182.080. The estimated park impact fee for the
Development Project at the time of this Agreement is $126,144. Developer shall pay the park
impact fees required at the time of building permit issuance, provided however, that if the
Developer obtains permits and puts the Parks Performance Bond (as defined herein) in place no
later than October I,202I, then the impact fees will be calculated based on the rates in effect on
June 1, 2021 regardless if the rates have subsequently been adjusted. The estimated park impact
fees in this Agreement are an estimate only and the Developer understands that the amount of
impact fees required may change if Developer changes the scope of the Development Project. If
the permits are not issued andlor the Parks Performance Bond put in place by October 1,202I,
then the impact fees will be adjusted in accordance with the City's adopted codes and ordinances
in effect at the time of permit issuance. Until such time as the Parks Performance Bond is in place,
the Developer will pay park impact fees into an escrow account to be held until the Parks
Performance Bond is in place. If the Parks Performance Bond is not in place within 180 days of
the date of this Agreement, then Developer shall pay parks impact fees to the City prior to issuance
of each subsequent building permit. During these 180 days, provided that the City receives notice
of receipt of these funds into escrow, the City will treat these funds has having been tendered to
the City for purposes of permit issuances. After the Parks Performance Bond is in place, the funds
in the escrow account, including interest thereon, will be retumed to Developer. If the Developer
does not put the Parks Bond in place within 180 days, then these funds will be disbursed to the
City with the interest thereon.
Developer owns the Planned Park Property adjacent to the Sidney Road Property. Developer may
elect to satisf,i all or a portion of the parks impact fee requirement for the Development Project
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page l0 of l9
1385186.8 - 366922 -OO3L
through conveyance of the Planned Park Property as described in this Agreement through a
statutory warranty deed (free of all encumbrances and easements unacceptable to the City). The
City acknowledges that the value of the conveyance of the Planned Park Property as calculated in
Section 9(b) shall constitute satisfaction of the portion of the park impact fees for the Development
Project up to the Maximum Park Fee Credit provided (land value plus the actual cost of the work
to make the land ready for transfer) as described in this Agreement. The credits shall be calculated
and applied as follows:
a) Developer shall provide a letter of intent to dedicate the Planned Park Property
and a Performance Bond for the then applicable Parks Impact Fees due on the
project (currently $126,144) ("Parks Performance Bond"), in a form acceptable
to the City. The City shall issue any Certificate of Occupancy requested by the
Developer provided the Parks Performance Bond remains in effect at time of
the request for a Certificate of Occupancy. Prior to the completion of the Parks
Property Transfer, the Developer shall provide confirmation of the Maximum
Parks Fee Credit. The City shall review and certifu the same pursuant to Section
9(b). In the event Developer defaults on any requirement under this subsection,
the City's remedies include pulling the Parks Performance Bond and holding
any outstanding Certificates of Occupancy until such time as any outstanding
impact fees are paid in full or credited.
Section 14.[RESERVED]
Section 15. Dedication of Public Lands. The Developer shall dedicate the land that it
owns that is needed to construct the Transportation Improvement Project as defined in Exhibit C;
provided, however, Developer shall be able to include the fair market value of such dedications
into the respective credit calculation as provided in this Agreement up to the maximum credit
amount. Any dedications needed to construct the Transportation Improvement Project shall be
completed prior to the City's acceptance of the Transportation Improvement Project and Parks
Property Transfer. Provided, however, that such dedications needed to construct the Transportation
Improvement Project shall occur prior to the issuance of the certificate of occupancy of the fourth
building developed on the Project. Furthermore, the Certificate of Occupancy for the fourth (or
subsequent) building(s) will not issue until the dedications needed to construct the Transportation
Improvement Project are complete. At the time of this Agreement, three building permits are ready
to issue for the first three buildings in the Project, i.e., the Club House, Building A and Building
B. These three buildings (or whichever buildings are the first three completed) may be issued
certificates of occupancy prior to dedications needed to construct the Transportation Improvement
Project being completed.
Section 16. Water Capital Facility Charge. The Development Project is subject to the City's
water capital facility charge ("Water CFC") fee pursuant to POMC 13.04.030. Developer shall
pay the Water CFC fees for the Development Project at the rate set as of May 1,202I provided
that Developer pays any Water CFC fees associated by the Development Project by August 31,
2021 ("Water CFC Payment"). If the Developer makes the Water CFC Payment prior to August
37,2021, the City shall credit the Water CFC Payment on a per-permit basis for the Building
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 1l of19
1386186.8 - 366922 -OO3t
Permits associated with the Development Project once ready for issuance, which may occur
subsequent to August 31,202I.
Section 17. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition,
the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs
as provided in the POMC for violations of this Agreement and the Code.
Section 18. Termination. This Agreement shall terminate five (5) years after effective date.
Upon termination of this Agreement, the City shall record a notice of such termination in a form
satisfactory to the Parties that the Agreement has been terminated.
Section 19. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26
POMC.
Section 20. Effect upon Termination on Developer. Termination of this Agreement as to
the Developer shall not affect any of the Developer's respective obligations to comply with the
City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other
land use entitlements approved with respect to the Property, or obligations to pay assessments,
liens, fees, or taxes. Furthermore, if the Agreement expires without the Improvement Project or
Parks Property Transfer costs being fully recovered by impact fee credit or mitigation funds, the
Developer will no longer be eligible to receive such credits.
Section 21. Effects upon Termination on City. Upon any termination of this Agreement as
to the Sidney Road Property, or any portion thereof, the City will be under no obligation to provide
any additional credits or reimbursement to Developer even if the Transportation Improvement
Project or Parks Property Transfer costs have not been fully recovered at the time of expiration or
termination.
Section 22.Assignment and Assumption. The Developer shall have the right to sell, assign
or transfer this Agreement with all rights, title, and interests therein to any person, firm, or
corporation at any time during the term of this Agreement with a sale of the underlying properfy.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 12 of 19
1386186.8 - 366922 -OO3L
a portion of the Property, at least 30 calendar days in advance of such action; provided; however,
failure to strictly comply with the 30 calendar day notice provision shall not be considered a breach
of this Agreement.
Section 23. Binding on Successorsl Covenants Running with the Land. The conditions and
covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the
land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer
and every purchaser, assignee, or transferee of an interest in the Sidney Road Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and
shall be the beneficiary thereof and a Party thereto, but only with respect to the Sidney Road
Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee
or transferee shall observe and fully perform all of the duties and obligations of a Developer
contained in this Agreement, as such duties and obligations pertain to the portion of the Sidney
Road Property sold, assigned, or transferred to it.
Section 24. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the Parties, be consistent with
Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow
the same procedures set forth in Chapter 20.26 POMC. However, nothing in this Agreement shall
prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code,
Official Zoning Map or development regulations, or to impacts fees that affect the Sidney Road
Property in the same manner as other properties, after the Effective Date of this Agreement.
Section 25. General release. Developer may free itself from further obligations relating to the
sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly
assumes the obligations under this Agreement as provided herein, including the obligation to
construct the Transportation Improvement Proj ect.
Section 26. Notices.Notices, demands, correspondence to the City andlor Developer (as
applicable) shall be sufficiently given if dispatched by pre-paid first-class mail to the addresses of
the parties as designated in "Written Notice" Section 38 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attomey. Notices to successors-in-interest of the
Developer shall be required to be given by the City only for those successors-in-interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 27. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within
application fees; provided however, the City shall provide written notice to Developer if the
expenses to the City are anticipated to exceed Twenty-Five Thousand Dollars and No Cents
($25,000.00) and the parties shall meet and confer regarding the City's anticipated costs as
provided in Section 28(a). Upon payment of all expenses, the Developer may request written
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 13 of 19
1386186.8 - 366922 -O03r
acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30)
days from the City's presentation of a written statement of charges to the Developer.
Section 28. Applicable LawrResolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within ten
(10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director, Public Works Director, andlor the Mayor's designee and any
persons with information relating to the dispute, and Owner shall send an owner's representative
and any consultant or other person with technical information or expertise related to the dispute.
b) Court. If the parties car-not resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable. This
Agreement shall be govemed by and construed in accordance with the laws of the State of
Washington. The non-prevailing Parly in any action brought to enforce this Agreement shall pay
the other Parties' expenses and reasonable attorney's fees.
Section 29. No Third-Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Pnty to this
Agreement.
Section 30. City's right to breach. The parties agree that the City may, without incurring any
liability, engage in action that would otherwise be a breach if the City makes a determination on
the record that the action is necessary to avoid a serious threat to public health and safety, or if the
action is required by federal or state law.
Section 31,. Developer's Compliance. The City's duties under the agreement are expressly
conditioned upon the Developer's substantial compliance with each and every term, condition,
provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws
and regulations and the Developer's obligations as identified in any approval or project permit for
the property identified in this Agreement.
Section 32. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give right only to damages under state contract law and shall not give rise to any liability
under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or
similar state constitutional provisions.
Section 33. Third Party Legal Challenge. In the event any legal action or special proceeding
is commenced by any person or entity other than a Pafi to challenge this Agreement or any
provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 74 of 19
1386186.8 - 366922 -OO3r
the City from all costs and expenses incurred in the defense of such lawsuit or individual claims
in the lawsuit, including but not limited to, attomeys' fees and expenses of litigation. The
Developer shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 34. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, andthatthe parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof.
Section 35. Recording. This Agreement shall be recorded against the Property with the real
property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of the property and any successors in interest to such property.
Section 36. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
Section 37. Non-Waiver of Breach. The failure of a Parfy to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 38. Written Notice. A11 written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
SIDNEY ROAD APARTMENTS L.L.C.: CITY:
Attn: Brianne Kelsey
601 Union Street, Suite 3500
Seattle, WA 98101
BKelsey@tarragon.com
McCullough Hill Leary, P.S
Attn: Ian Morrison
701 5th Avenue, Suite 6600
Seattle, WA 98104
imoni son(E mhseattl e. com
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu@citvofportorchard. us
Copies shall also be transmitted to the
City Clerk and City Attomey at the
above address.
Section 39. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 15 of 19
1386186.8 - 366922 -OO31
Section 40. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute fuither documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all firrther documents as are reasonably necessary
to carry out this Agreement, including the Improvement Projects and Development Project, as may
be necessary to provide a Party with a full and complete enjoyment of its rights and privileges
under this Agreement.
Section 41. Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
Section 42. Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument. Each
counterparty shall be deemed as an original as to the Party whose signature it bears, and all such
counterparts shall constitute one document.
Section 43. Entire Agreement. The written provisions and terms of this Agreement, together
with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the parties, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, this Agreement. The entire
agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement and exhibits thereto.
ISIGNATURE PAGE FOLLOWS]
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 16 of l9
1386186.8 - 366922 -OO31
IN WITNESS WHEREOF, the parties have executed this Agreement on this 13th day of
July,202l.
SIDNEY ROAD APARTMENTS L.L.C.CITY OF PORT ORCHARI)
By: INVESTCO L.L.C.
Its: Manager
By:
D. Waiss Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:APPROVED AS TO FORM:
vl,*,'l-a'-
Ian Morrison
Attorney for Sidney Road
J S. Robertson
for Port Orchard
ATTEST:
8 Yta..at/aOlL
Brandy Rinearson
Port Orchard City Clerk
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 17 of 19
1386186.8 - 366922 -OO31
IN WITNESS WIIEREOF, the parties have executed this Agreement on this 13th day of
July.202l.
SIDNEY ROAD APARTMENTS L.L.C. CITY OF PORT ORCHARI)
By: INVESTCO L.L.C.
Its: Manager
By:By
Martin D. Waiss
Its: President
o AS TO FORM:
L-.-.'
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
y$*,f*l--
J S. Robertson
for Port Orchard
ATTEST:
Attomey for SidneY Road
Brandy Rinearson
Port Orchard City Clerk
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartnents L.L.C.
Page l7 of 19
1386186.8 - 366922 -OO3r
NOTARY BLOCK F'OR PORT ORCHARI)
STATE OF WASHINGTON
COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorizedto execute the instrument and acknowledged it as the-\4aygtgf-Pq4
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated i
)
)
)
ss.
20 3t
r$
oUNoa (print or type name)
NOTARY PUBLIC in and forthe
at;
My Commission expires
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 18 of 19
1386186.8 - 366922 -003L
NOTARY BLOCK FOR SIDNEY ROAD APARTMENTS L.L.C.
STATE OF WASHINGTON
COUNTY OF
I certifu that I know or have satisfactory evidence that May-t' n n. N^isS is the person
who appeared before me, and said person acknowledged that (heishe) signed this instrument, on
Presi.lpnt of
oath stated that
CO
she) was
L.L:C. at authorized to execute the instrument and acknowledged it as the
-be the free and voluntary act of such Parly for the uses and
purposes mentioned in the instrument.
Dated: '.l..,ly lb 20 2l
)
)
)
SS
t
e
l
IOTAFr: ;.-
PuButc
a
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:-
Qaltte-
My Commission expires: \ \ lbl ?gZ3
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 19 of 19
1386186.8 - 366922 -OO3r
EXHIBIT A
LEGAL DESCRIPTION
SIDNEY ROAD APARTMENTS
TAX PARCEL NUMBER: 1 12301 -2-053-2007
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., lN KITSAP COUNry, WASHINGTON; EXCEPT THAT PORTION LYING
NORTHERLY OR EASTERLY OF THE COUNry ROAD TO PORT ORCHARD; AND
EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND
1O FEET WEST OF THE CENTERLINE OF THE PRESENT COURSE OF
BLACKJACK CREEK; ALSO EXCEPT THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 1153269; TOGETHER
WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S
FILE NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C
OF SHORT PLAT NO. PO-74, RECORDED UNDER AUDITOR'S FILE
NO. 9212310158 (S-1066) LYING SOUTH OF THE ROAD KNOWN AS SW HOVDE
couNry ROAD. ALSO THAT PORTION OF THE SOUTH TEN (10) ACRES OF
THE NORTH FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF COUNry ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET; EXCEPT SIDNEY
ROAD N.W.; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNry FOR
SIDNEY ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9205220166.
ALSO THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES
OF THE SOUTH 1O ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE
WEST 30 FEET THEREOF CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S
FILE NO. 9205220164 FOR SIDNEY ROAD S.W. ALSO THAT PORTION OF THE
SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142FEET TO THE TRUE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158
FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID
SUBDIVISION, B FEET; THENCE NORTH PARALLEL TO THE WESTERLY LINE
1Legal Description
OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY PARALLEL TO THE
SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET TO THE WESTERLY LINE
THEREOF; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE
NORTHERLY LINE OF SAID 5 ACRE TRACT; THENCE EASTERLY ALONG SAID
NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE
THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE
POINT OF BEGINNING; EXCEPT SIDNEY ROAD.
ALL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNry, WASHINGTON
PLANNED PARK PROPERry
TAX PARCEL NUMBER: 1 12301 -2-009-2002
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11,
TOWNSHIP 23 NORTH, RANGE ,1 EAST, W.M., IN KITSAP COUNW , WASHINGTON
, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE
OF SAID SOUTH 5 ACRES, 142FEET; THENCE NORTHERLY AND PARALLEL TO
THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 158 FEET; THENCE
EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID
SUBDIVISION, 8 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST
BOUNDARY LINE OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY AND
PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION, 150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 250 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION
CONVEYED TO KITSAP COUNry AS DISCLOSED BY AUDITOR'S FILE NO.
9205080054.
2Legal Description
EXHIBIT B
ru01 s0'300'SWHOVDE RDLIFT STATION=l/'\ouJzo6DETENTION POND)-tSITE PLAN(II,t_PLANNED PARKS PROPERTY1" = 150'lI
EXHIBIT C
Improvement Plan removed for County recording purposes; Plan is on file
with the City of Port Orchard under Permit No. LU2l-DEV AGREEMENT-0I