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064-14 - Kitsap County - ContractWhen recorded return to: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 201409080187 Assignment Rec Fee: $ 87.00 page: 1 of 16 09/08/2014 02:36 PM Walter Washington, Kitsap Co Auditor 1111111111111111111111111111111111111111 IN 11111111111111111111111111111111111111111111 IN ASSIGNMENT OF DEVELOPMENT AGREEEMNT C064-14 Grantor: Kitsap County Additional names on page: Grantee: City of Port Orchard Additional names on page: Legal Description: Freestone at Bayside Division 1, according to the Plat recorded in Volume 33 of Plats, pages 185-189 (all lots 1-125 and Tracts A-F and XX). Assessor's Property Tax Parcel/ Account Number: Reference Number(s) of Documents N/A assigned or released: This ASSIGNMENT is made by Kitsap County, a Washington municipal corporation with its principal place of business at 614 Division Street, Port Orchard, WA 98366 (County) to the City of Port Orchard, a Washington municipal corporation with its principal place of business at 216 Prospect Street, Port Orchard, WA 98366 (City). RECITALS WHEREAS, in 2007, L224-I Bayside, LLC (Bayside) was the owner and developer of a parcel of property, formerly Tax Acct No. 042301-1-065-2004 and now described as Plat of Freestone at Bayside, Division 1, recorded at AFN 201306100303, in south Kitsap County located west of Anderson Hill Road approximately 1000 feet north of SW Old Clifton Road that was the within the planning and permitting jurisdiction of the City of Bremerton, but would take access from County owned and maintained roads (Property); WHEREAS, Bayside and the County executed a Development Agreement (KC-448- 2007, attached hereto as Exhibit A and incorporated herein), following a public hearing and the passage of Resolution 210-2007 on August 5, 2007 for the payment of Road Mitigation Fees under the State Environmental Policy Act, ch. 43.21C RCW, for impacts to County roads by the CISE TA( EXEMPT SEP 0 8 2014 development. The Agreement provides for the payment of $1059.00 per dwelling unit for an anticipated 294 lots on the Property; WHEREAS, the fees were to be paid to an escrow fund prior to the issuance of each building permit by the City of Bremerton, and the County was given the exclusive and unconditioned right to draw from the escrow fund at any time; WHEREAS, the County has not withdrawn or requested the withdrawal of any escrow funds; WHEREAS, the Property was transferred to Freestone Bayside LLC (Freestone) by Special Warranty Deed (AFN 201207310529) and Freestone recorded the final Plat of Freestone at Bayside at AFN 201306100303. Note 16 on the Plat states, "The lots within this subdivision are subject to Agreement with Kitsap County. Pursuant to said Agreement, payment of traffic mitigation fees in the amount of $1,059.00 shall be paid by the owner of each lot and the proof of payment shall be provided to the City of Bremerton prior to issuance of building permit." This inclusive of all lots 1-125 of Division 1 and all future lots in Tract XX; WHEREAS, the County roads to be impacted by the development have been annexed by the City of Port Orchard through Port Orchard Ordinance 011-09 adopted May 12, 2009; and WHEREAS, the County and City believe that it would be in the public interest to have the jurisdiction with authority and control over the roads impacted by the development also have access to the funds to mitigate such impact. ASSIGNMENT NOW THEREFORE, in consideration of the foregoing premises, Kitsap County as assignor agrees as follows: 1. Incorporation of Recitals. The Recitals set forth above are expressly incorporated into the Assignment by this reference. 2. Assignment. By execution of this Assignment, the County hereby transfers its rights, title, interest in the Development Agreement (KC 448-2007), attached hereto to the City of Port Orchard. From and after the date that this Assignment is recorded in the real property records of Kitsap County, Washington (the "Effective Date"), the City of Port Orchard shall succeed to all of the rights and obligations provided under KC 448-2007. 3. Representations and Warranties. The County represents and warrants to the City of Port Orchard that: (a) the County has not made any prior transfer of all or any portion of the rights or obligations in KC 448-2007 and (b) the County is fully empowered and authorized to execute and deliver this Assignment. The individuals signing this Assignment on behalf of the County represent and warrant to the City of Port Orchard that they are fully empowered and authorized to do so. 4. Acceptance. The City of Port Orchard agrees to accept the assignment from the County, to be bound by the terms and conditions of KC 448-2007, and to have the exclusive authority to receive funds from Bayside or its successor to mitigate the impacts to City roads from the development of Freestone at Bayside in AFN 201306100303. IN WITNESS WHEREOF the parties have executed and the County has delivered this Assignment on the date of recording identified above. CITY OF PORT ORCHARD MayorTim MatihL,- ATTEST: — r n y Rinearson, City Clerk APPROVED AS TO FORM: Gregory.At„I b o City At �0 << •' DRAT' O'', ;o•P F ' �ATEMBE�•. q • S� F1���„�, BOARD OF COUNTY COMMISSIONERS KIT P OUNTY, WASHINGTON A J447 �ZS Zu1� CHARLO GA DO, Chair 4 ' ROBERT GELDER , Commissioner t 4A �-ZS--201L\ LINDA'STREISSGUTIA, Commissioner ATTEST: Dana Daniels, Clerk of the Board O: �'tPTE•ps'�O Q: :m *':� ti P COS 3Apved as to form by the Kitsap County Prosecutor's Office Exhibit A KC 448-2007 Exhibit A DATE ASSIGNED �� 10/31/2007 CONTRACT NUMBS Y�,[_ 44B-a7 DEPARTMENT 1DCD CONTRACT ff Rowe-Hombaker ADMINISTRATOR CONTRACT PARTIE Bayside LLC PURPOSE Traffic mitigation fees for plats of Sayside DATE SIGNED 1115/2007 BY BCC DATE SIGNED BY CO ADMINISTRATOR DATE HELD FOR OTHER AGENCY -�� SIGNATURE CONTRACT AMOUN 0 Sayside is paying fee NOTES TERM DATEIREASON VOIDED DATE SIGNED BY DEPT HEAD DATE RETURNED FROM OTHER AGENCY ■ ����Tfii ��7:�W�+is�el�f � i � I: reel! i �v7.7 � T�� rC�7: 1. t;oniraci k, OMrvi NUmaer 2, Fund Name 3, Payment from -Revenue to CC/Account Nbr 1: Approve Not Approve_ Reviewer Date 2. Comments: 1 1 x Approve U Not Approve SEE ATTACHED NOTE Reviewer Date 2. Comments: 1. j x I Approve (_� Not Approve SEE ATTACHED NOTE Reviewer Date 2. Commentsi 1. Bidding Required Yes/Type of Statute 2, Public Works Project Yes No 3. County Resolutions Compliance Yee 0 No: N/A 4, Approve Not Approve SEE ATTACHED NOTE Reviewer Date 5, Comments: Contract AdministratorJeff Rowe-Hornbaker Date Date Approved by Board of Commissioners RETURN SIGNED ORIGINALS TO 1TRACT ` S 10-31-07 Exhibit A KC Val- 2007 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between Kitsap County, a Washington municipal corporation with its principal place of business at 614 Division Street, Port Orchard, WA 99366 ("the County), and L224=1 Bayside, L LX, a Washington limited liability company with its principal place of business- at 1819 South Lake Stevens Road, Lake Stevens, WA 98258 ("Bayside"). RECITALS' WHEREAS, Bayside is the owner and developer of a parcel of property in south Kitsap County located west of Andean Hill Road approximately 1000 feet north of SW fold Clifton Roads Tax Account No. 042301-1-065-2004 (the "Property"), and is within the planning and permitting jurisdiction of the City of Bremerton; and, WHEREAS, Bayside has applied to and obtained from the City of Bremerton a Preliminary Plat approval and Residential Cluster Development Permit for a project called "Bayside Plat" to be constructed on the Property. A copy of the Bayside Preliminary Plat is attached hereto as Attachment A and shows 294:lots on 56 acres; and WHEREAS; the Bayside Plat will take access from the County owned and maintained road of Anderson Hill Road and therefore must obtain from the County Road Approach Permits and Right -of -Way permits, and also pay Read Mitigation Fees under the State Environmental Policy Act (SEPA, RCW 4.3.21C) for impacts thereto; and; and WHEREAS, Bayside has agreed to pay Road Mitigation Fees to the County to mitigate the impacts of the Bayside Plan on County roadways, and WHEREAS, the approvals/permits issued by the City of Bremerton for-Bayside Plat are specifically conditioned upon the payment of the aforementioned Road Mitigation Fees to Kitsap County; and WHEREAS, the Parties wish to agree on the timing; and methods of payment to Kitsap County of the Road Mitigation fees so that. inter alia, neither party is burdened by the administration of individual fees or permits, funding is available for related transportation improvements when and where they are needed; and issuanctrof building permits for the Bayside Plat is not affected; and WHEREAS, RCW 36.7013.170, et, secl.,, authorizes counties to enter into development agreements with owners of real property to establish "the development standards and other provisions that shall apply to and govern and vest the development; use, and mitigation of the development of the real property for the duration specified in the agreement." ORIGINAL Exhibit A AGUEMFNT NOW, THEREFORE the County and Bayside, its successors and assigns, agree as follows 1. Incorporation of Recitals. The Recitals set forth above are expressly incorporated into the Agreement by this reference. I Mitigation Fee Amount. Bayside agrees to pay Kitsap County SEPA mitigation funds to mitigate for impacts to traffic and for its pro rata share of transportation improvements including improvements to non -motorized facilities for Bayside Plat in the amount of $1059.00 per dwelling unit. 3. Mitigation Fee Payment Schedule for Bayside Peat. Bayside agrees to pay the Mitigation Fee of Section 2'to Kitsap County as follows; a. The building'mitigation fee for each lot shall be paid into a single escrow account at Bank of America prior to the issuance of the associated building permit by the City of Bremerton. Bayside shall, establish the escrow account in the interim time between recording of the final plat and application of the first building permit to the City of Bremerton. b. Kitsap County may withdraw monies deposited to the escrow account at anytime. 4. Building Applications. At the same time Bayside, -or its successor, agent or assigns applies to the City of Bremerton for a building permit within the Bayside Plat, Bayside, or its, s;ucccssor, agent or assigns, will also submit a Copy of :the Building Permit application to Mtsap County, Department of Community Development, ATTN, Jeffrey L. Rowe-Hornbaker, Assistant Director Department of Community Development:. 614 Division Street MS-36, Port Orchard Washington 98366-4682 5. Noncompliance with Payment Schedule. Should Bayside fail to pay the agreed upon Road Mitigation Fees in accordance with Section 3, above, i.e, prior to receipt of building percnis from the City of Bremerton, the entire amount of mitigation fees for those hots with building permits issued shall be immediately paid in full to Kitsap County. 6. County Permits. The County will finish processing the road approach and right of we permits for the Bayside Plat within seen (7) business days of the effective date of this Agreement such that Bayside can pulp said permits at their discretion therafter_ The County will not delay issuance of any other permits necessary for the Bayside Plan based on mitigation issues addressed herein. - 7. Amendments.., 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 and Bayside. No purported or alleged waiver of any of the Exhibit A provisions of this Agreement shall be binding or effective unless in writing and signed by the party against wham it is sought to be enforced. 8. Recording and Binding Effect, This Agreement shall be recorded with the Kitsap County Auditor. The recording date shall be the effective date of this Agreement. The Agreement, including the obligation to pay road mitigation fees, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto, 9.. Relationship of the Parties. Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or obligations which may derive herefrom, nothing herein shall be construed to make the County or Bayside partners or joint venturers, or to: render any other parties liable for any of the debts or obligations of the other parties. 10. Applicable Late and Venue_ This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action with respect to this Development Agreement shall be brought in Kitsap County Superior Court, Port Orchard; Washington. 11. Multiple Originals. This Agreement may be executed in multiple copies, each of which shalt be deemed an original. 12. Construction The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be held -to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. All parties hereto have been represented by legal counsel and accordinglyhereby waive the general rule of construction that an agreement shall be construed against its drafter: 13. Attorney's Fees. In 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 in any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to any ether available remedy. IN WITNESS WHEREOF, this agreement was executed by the parties on the dates hereinafter indicated_ DATED this day of 'Al 0 ULM i�� , 2007'- KITSAP COUNTY BOARD OF COMMISSIONERS Exhibit A JOSIA BROWN, Chair z q P. = )AN AN , Commissioner Opai leobaisvn STEVE BAUER, Commissioner Clerk of the Board APPROVE P AS TO FORM: r By: 1 D y roseeuting Attorney Exhibit A L224-1 Bayside, LLC A�L —W By; Malcolm K. McNau on Its: Authorized Agent Date: October 0, 2007 STATE OF WASHINGTON ) } ss. COUNTY OF KITSAP I certify that I know of have; satisfactory evidence that Malcolm K. McNaughton 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 Authorized Agent of L224-1 Bay_s de, UC to be the fee and voluntary act of such party for the purposes- mentioned in the instrument. Exhjbit A u • Exhibit A y` �� yLL R T - s �y 4• �t .. 'li ~tl.• ....,r.. V �� ��k l� ! � �+i .s -=s.' �, 4riR�1 s u�: vkit..4 : .f+ t`f i a� / ri 7•'N is i s ; hili 11! a 1. ` • '� 'f f 1 �� x 449 ��2 ,� � '�� a �` _' �!`_• ��, !'> i�+� 4 i:• 1. r IIAII i[ �i. •Y i Ff AA ihop ,�`ti r 14 Alt ti` r ,r:. ' 1lfSor - ,� :�c•Tx.-,—'=:;x ;r _#,i. "��"'�rn.-.�� � � I�, J' � :'t" .� t [ 4� (^� iF :'�"- =�� f -r. ':�•7.�'�`.61- _:.'"" r>wl:rwcani�' � '�.� ,; X f tilt a c Fill NA If & a 6 a:1�s :y; a4a� iF % ij ? it-i ��. i y Eyratrreeerrs+e+KKei�sR y� x �IIIA" r _ y - � � a ��p •visa D P's��n G it A c :fit° ate 4�aLA Iap" gF�"lit sus QAYSD@ -ate .w. i OIWb4M1 f i AT S NGLAiR FA)GE B MK WAS*#, -ION PKUWARY PLAT--- Exhibit A L . ' Y JOHNSMONROENhTSUNAGA . - L t .4 Robert D. Johns A d Michael P.,Monroe A ,f Darrell S, Mitsunaga a DuanaI Kolouskova s Via Itlessenger Del very Jeffrey L. Rots=e-Hornbaker Assistant Director Dept. of Community Development Kilsap County 614 Division Street, MS-36 Fart Orchard, WA 98366-4682 Re, Development Agreement re L224-1 Bayside LLC and L198 Sinclair Ridge LLC Dear Mr. Rove-Hornbaker; October 4, 2007 Enclosed are originals of the Development Agreements between Kitsal) County; and 1224-1 13ayside LLC and L198-1 Sinclair Ridge LLC, to be considered `by the Beard of County Commissioners at its regular meeting on October 22, 2007. Thank you for your assistance in providing these to the Board. tfy©u ha re any gUesstions, please give nee a call. Very truly yours, T�__ V jl_�< Duana T. KoIougkov,'l Dirpcl 7e4: 1425j 467-9966 Emil: kvlauskvicr(u7�jnrmtciu:con, Enclosures 201-20 Lrr Rlire-H�wobaker. Kilsap Co 10-04-( To 1425) 451-2912 • F. (425) 451-281$ Alderwood Building 1601 1 14th Ave. SE • Suite 110 0 Bellevue, WA 98004 ��x�tt it A Meeting Date: November 5, 2[cJT Agenda Item No. 10-D Kitsap County Board of Commissioners Department: Community Development Staff Contact: Jeff Rowe-Hornbaker Title: Agreement between Kltsap County and Bayside LLC allowing:, far the County to collect a traffic mitigation fee at submittal of building permits(KC-071 Recommended Action That the Chair of the Board authorize the Chair to execute contract with Sinclair Ridge LLC regarding development in South Kltsap on the Plat of Bayside Summary: This is a voluntary Development Agreement between Map County and the Bayside LLC for Traffic mitigation fees for the Rats of Bayside and Sinclair Ridge located near SW Clifton Road and Anderson Hill Road in South Kltsap 'County. This agreement allows the project to proceed and the County to collect a traffic mitigation fee at the time of building permit. The projects are located within the City of Bremerton but access on Kltsap County right-of-way. At the October Attachments: 1) Development Agreement Fiscal Impact Expenditure required for this specific action: WA Total cost including all related costs: NIA Related Revenue: Mitigation Fee Payment by Sinclair Ridge LLC Cost Savings: County held harmless from traffic mitigation costs Total Fiscal impact: Unknown Source of Funds N/A Fiscal Impact (DAS) Review Departmental Coordination Department Re esentative RecomrnendationtComments DCI Contract Information Date Original Amount of Original Total Amount of Contract Number Contract or Contract or Amended Contract Amendment Amendment Approved KC448-07 :>'& ,;r -r . •fit/4/ i . � r _ .. -.. , •` � ,.. . • f"., T. l..r�p� � �� a �Iw09 C� �'�)� _., 44 �, Y fF r•�f }. N a9f � w yg�y- � t} `��`"y�, ra,MN� � '�wuw.� w...r�. y;;s;�•='-I/ • -. �� •_a.• '" ., _ � 16' earth'