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025-14 - Stetson Ridge Partners, LLC - ContractAfter Recording Return To: City Clerk City of Port Orchard 216 Prospect Street PORT ORCHARD CITY OF 201401210251 Rgreement Reo Fee: $ 75.00 page: 1 of 4 Port Orchard, WA 98366 91 /21 /2014 03: 16 PM Walter Washington, PM, Co Ruditor 1II 41IIIIIIIIIIIIIIIIlII 1 V 11II 11111 Ut in 1I IIu wI Is411ItIN AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND STETSON RIDGE PARTNERS, LLC Contract No. 025-14 This Agreement is by and between the City of Port Orchard, a municipal corporation (City), and Stetson Ridge Partners, LLC (Applicant). The City and Applicant are also referred to as the Party or collectively as the Parties. RECITALS WHEREAS, Applicant is the owner of approximately 104 acres located within City limits, Kitsap County Parcel Nos. 1023-013-001-2009, 1023-014-001-2007, 1023- 013-007-2003, and 1023-013-011-2007, which property is commonly referred to as Stetson Heights (the "Subject Property"); and WHEREAS, on or about September 21, 2007 Applicant's predecessor in interest filed a complete application (#07-03) with the City for preliminary plat approval associated with the development of the Subject Property, including payment of an application fee of $20,000; and WHEREAS, over a period of several years, Applicant's predecessor in interest requested that the City refrain from taking final action to process the preliminary plat application while it addressed various issues relating to the future development of the Subject Property; and WHEREAS, Applicant is ready to move forward with the development of the Subject Property and the City and Applicant jointly desire to clarify the status of the 2007 preliminary plat application and application fee, as well as the status of the applicable land use planning process; now, therefore, the parties agree as follows: AGREEMENT 5e c c? — 2 1 i Sv s; — 1. Preliminary Plat Application. Page 1 of 4 1.1. The Parties agree that the 2007 preliminary plat application (#07-03) for development of the Subject Property is abandoned, together with all such vesting rights as may have been associated with said application. 1.2. In order to obtain the necessary land use approvals from the City for the future development of the Subject Property, Applicant shall submit a new preliminary plat application in accordance with Port Orchard Municipal Code (POMC) 16.72.140 and on such forms as are provided by the City. 2. SEPA Checklist. At such time as Applicant submits a new preliminary plat application, Applicant shall also submit to the City a complete SEPA checklist in accordance with POMC 14.04.120. 3. Preliminary Plat Application Fee. 3.1. Applicant is responsible for paying a preliminary plat application fee in accordance with POMC 16.72.160. 3.2. Provided Applicant has submitted a preliminary plat application and SEPA Checklist on or before December 31, 2014, the City agrees to apply the unused portion of the 2007 application fee toward Applicant's 2014 application in the form of a $10,000 credit. 3.3. In the event the total permit fee to process the 2014 preliminary plat application exceeds $10,000, Applicant shall be responsible for such additional fees as may be incurred consistent with City code and council resolution. 3.4. In no event is Applicant entitled to a cash refund of any unused portion of the $10,000 credit. 4. Land Use Planning Approval Process. Except as otherwise set forth in this Agreement, Applicant's preliminary plat application for the Subject Property shall be processed in accordance with the rules and procedures set forth in the City's municipal code and all applicable ordinances and resolutions. 5. Recording; Binding Effect; Assignment. This Agreement and any subsequent amendments thereto shall be recorded with the Kitsap County Auditor. The rights, obligations, conditions and interests set forth in this Agreement shall run with the land and shall inure to the benefit of and be binding upon Applicant, and its heirs, personal representatives, successors and assigns and shall benefit the Subject Property as defined above. Applicant shall have the right to convey, assign, apportion or otherwise transfer any and all of its rights, obligations, conditions, and interests under this Agreement. Provided, however, thirty (30) days in advance of the effective date of Applicant's conveyance, assignment, apportionment, or other transfer of its rights under this Agreement, Applicant shall provide notice to the City of the same Page 2 of 4 6. Disputes. Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 7. Attorney Fees. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party 8. Extent of Agreement/Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 9. Authorily. The persons whose signatures appear below represent and warrant that they have been authorized to sign this Agreement on behalf of their respective organizations. CITY OF PORT ORCHARD By: a Tim Matthes Mayor Date: Attest City Clerk Page 3 of 4 STETSON RIDGE PARTNERS, LLC. f By: Name: !;-i Title: Date: STATE OF WASHINGTON ss. COUNTY OF KITSAP I certify that I know of have satisfactory evidence that j d.\Ar-J s Sh " ^ '-' 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 w`e of STETSON RIDGE PARTNERS, LLC to be the fee and voluntary act of such party for the purposes mentioned in the instrument. ►utu►►► SU��A D SWORN to before me this Z \ day of J c-v\- 2014. N, ° n F ' Olr c,NOTA/?�°"N, PUBLIC = NOTARY PUBLIC in and for the State of Washington, residing at P,�r}- 0"-c rc� OP My appointment expires: u, - y — i�o STATE OF WASHINGTON ) ss. COUNTY OF KITSAP I certify that I know of have satisfactory evidence that Tim Matthes 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 Mayor of the City of Port Orchard to be the fee and voluntary act of such party for the purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this iS day of Jam 2014. � ���111111fi;�ryty� / Sion `C:U NOTARy PUBOG Page 4 of 4 NOTARY PUBLIC in and for the State of Washington, residing atr jP My appointment expires: � - y - 201 b .