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002-10 - Kitsap County - ContractINTERLOCAL. AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD RELATING TO PARKS, OPEN SPACk AND RECREATION WITHIN THE 11 CCORMICK URBAN VILLAGE AND MCCOlr± MICKWLID 9 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 corporotion ("City") RECITALS 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 Woads/ULID 9 6 as an Urban Growth Area (UGA); and WHEREAS, In 2005, through Resolution 135-2005, as authorized in RCW 36.70B.170, the County entered into a development agreement relating to open space, parks, and recreation with GEM 1 LLC 1 McCormick Land Co. for the McCormick Urban Village located within the McCormick Woods/UILID # 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 Kitsap UGA to accommodate the City's projected 20-year growth and such expansion resulted in contiguity between this UGA and the McCormick Woods/ULIU No. 6 UGA, which will allow future annexations to the City; and WHEREAS, in 2009, the property owners of a portion of the McCormick 1Noods/ULID No, 6 UGA commonly referred to as McCormick Woods Urban Village and McCormick North, as depicted in the illustration attached ets Exhibit B 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 that assumes jurisdiction throu jh 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 ILA Page 1 of 6 WHIZ REAS, 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 Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the parties to enter into an agreement for cooperative action; NOW, THEREFORE, BE IT RESOLVED that the mutual forms, conditions, provisions, obligations contained within this Interlocal agreement are agreed upon by the County and City are as follows: 1. Area_of.Applicability. This Interlocal Agreement shall apply to ail parcels located within the annexation area depicted in Exhibit S. 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. City Inclusion of Projects in Capital Foicilitles 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 Construction of Future Im rovernents. Port: Orchard shall construct the proposed open space, parks and recreation regional system improvements identified in the McCormick Urban Village Open Space, Parka, and Recreation Plan 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 P.arlt. 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, ail right and title to Kit -sop County Assessor Parcel Number 042301-3-008-2000, a 63.5 acre parcel commonly known as McCormick Village Park. Upon recording of the deeds, all jurisdiction and responsibility for the property shall be with the City. 6. Transfer of Impact Fee plDedicated Funds. 6.1. The parties acknowledge that the County has received revenue dedicated to parr 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 81 Open Space ILA Page 2 of 6 6.2,Withln 45 days of the execution of th[s 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,. parks, 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 to 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 with the law and consistent with any pre-existing limitations placed upon the use of the funds that would have been binding upon the County, including but not limited to the conditions set forth in the 2005 Parks Development Agreement, 7. Plans and Drawings, Within 30 days of the execution of this agreement, the County shailf transferred to the City a[[ 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 Villeg.e, the City snail not require the payment of additional fees related to open space, parks, and recreation impacts and projects that are duplicative of the part; impact fees already paid. 9. Assumption of Obligations under the 2005 Parks Development Agreement. As provided by RCW 36.70B.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 D, the City assumes jur[sdic#ion over the annexed property, as well 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, [no, relating to open space, parks, and recreation plans and improvements located within the McCormick Woods/ULID No. 6 UCA, a copy of wh[ch is attached as Exhibit A. 10.Indemni . 10.1. The City shall defend, indemnify and hold harmless at Gity'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 performance or 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 official:, officers, employees and agents, from and against any and all claims arising out of County's performance of Parks & Open Space [LA Page 3 of 6 this Agreement, whether the dertnand, 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 injury, sickness, disease, or death, or damage to property 11.Governance,, grope[jv acquisition.. This Agreement does not create any separate legal or administrative agency. This Agreement does not eomemplate joint financing of activities within its scope, nor does it contemplate a joint budget. '€'his Agreement elves not contemplate the joint acquisition of property by the parties. 12.Duration. The duration of this Agreement shall be from the effective date until it is terminated through mutual agreement by the pasties. 13. Entire Agreement L Amend eats. 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 against whom it is sought to be enforced. 14. Effective Date, B€ndin Effect, This Agreement shall be recorded with the Khap County Auditor in accordance with RCW 33.34.04g. The effective date of this Agreement shall be the mate upon which it is fully executed. The Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successor, and assigns of the pasties hereto. 16. Notices. Any notices required by the Agreement shall be delivered, or mailed postage prepaid, and addressed to: Kitsap Countv Clem to the Board Office of the Kitsap County Board of Commissioners W Dlvlslon Street Mailstop 4 Pert Orchard, WA 93366 City of Port Orchard City Cleric City of Port Orchard 216 Prospect Street Pork Orchard, WA 99366 16.Multi to Ori i ls. This Agreement Fray be execrted 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 expand, 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 of 6 18.0ispute Resafution. The Parties shall attempt to resolve disargraeanents regarding interpretation dr implementation of any provision of this Agreement by use of a formal dispute. r6solution process such as mediation. If the parties cannot agree Upon a mediator, one shelf be selected by the Kitsep Reg'ronof Coordinating Councli. All costs for mediation services shall be divided equally between the partlos. 19. ssimmen Neither the City nor 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. 2Q. ucce�,sQrs and ass- cg s. The City and the County each bind themselves, their partners, successors, executors, administrators, and assigns to the other party tca this Agreement and to the partners, successors, admfrilstrators, and assigns of such other party in respect to all covenants to the Agreement. 21.Governfng law 'urisdictiota• 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.Severabill . If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Agreement slid- not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deerned inoperative to the extent of the conflict or modified to conform to statutory requirements. 23.Authority_to contract. The Part. Orchard City Council has authorized the execution of this Agreement by official action taken at a regularly scheduled public rneeting. The Kitsap County Board of Commissioners has authorized the execution of this Agreement by official action taken at a,reguiarly scheduled public meeting. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execrate this Agreement on the date set forth below, DATED this _day of , 2009. Cl f Y OF PORT ORCHARD Parks Be Open Space 1L.A Page 5 of 6 DATED this day of o,-el), 2010. BOARD Or COUNT`( COMMISSIONERS KITSAP COUNTY, WASH(NGTON JOSH BROWN, Chair ATTIST: s� Patricia KirhOi ri It, Ci4t Clerk APPROVED A TO FORM 0�A is AjJujv,--' Uregory A. aco y, tatty i mey +" Parks & Open Space (LA page 6 of 6 NOT PRESENT 5TE � BAUER, Commis ioner CHARLOTTE GARR 0, Commissioner ATTEST: 6 h A f , _1 0P8A Robertson, Clerk of the board APPROVED AS TO FORM: Shelley eip, eputy Nosecutor EXHIBIT A: ANNEXATION A-19-08 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS Resolution -2006 Amending the Development Agreement for Open .Space, Parks, and Recreation WI ERFAS, Kitsap County and GBM 1 entered into a Development Agreement for Open ,Space, Parks, and Recreation that was executers by Kitsap, County on April 25, 2005 pursuant to RCW 36,70B.170et. seq.; WBEREAS, through the Development Agreemment fat• Open Space, Parks, and Recreation, Kitsap County approved and adopted the McCorraick Urban Village Open Space, Parks and ,Recreation flan ("Plan"), dated April 25, 2005; WHEREAS, the Plait identified the McCamtick Village Park ("Park") as proposed Community Project #4 to be located on the north vide of Old Clifton Road, just east of the proposed "Campus Boulevard" (P(an, pgs. 6-7). The Park is intended to be a central gathering place for community residents; WHEREAS, Kitsap County and GPM I believe it to be in thit lest 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 Deve)opi)wnt Agreement for. Open Space, larks, and Recreation to address tha necessary changes associated with the County rrssurnirig construction responsibility of the Dark, including an accelerated schedule and potential increased costs associated therewith; WHEREAS, RCW 36,7013.200 requires approval of development agreement by an ordinance or resolution that..the Kitsap Count Board of Commissioners — ltereby approves the amendment to the Development Agreement for Opel? apace, Par)". and Recreation attached hereto. Adopted thisl ofNovernber, 2006. GOi4 ATTEST 4� •• fS O : `' •'� P3 E �' 0 , r 01 CD Slut AA %;s tity. . Opal Robertson Clerk of the Board 0 RD OF COUNTY COM1trIISSIONERS. ;AP COUNTY, WASHINGTON EXHIBIT BIT A: ANNEXATION A-19-09 MCCORMICK WOODS 1NTERLOCAL AGREEIVIENT FOR OPEN SPACE & PARKS • McC(}RMCK URBAN V.[LLAGLr' DEVELO) )Ms NT AGREEMENT FOR OPEN SPACE, PARKS, and RECREATION AMEND MENT #1 Addressing Coi)sfraetlon of McCormlek Vilhige Park THIS AMENDMENT ("Amendment') is entered into between Kitsap County, a Washington municipal corporation ("County"), and GEM I LLC, a Washington corporation ("GEM 1"). W014Y1FA-I&9 WHEREAS, Kitsap County and GEM 1 entered into a Development Agreemeni for- Open Space, Parks, and Reerealion that was executed by Kitsap County on April 25, 2005 pursuant to RCW 36.7OB.170 et. seq.; WHEREAS, through the Development Agreement for Open Space, Parks, and Recreation, Kitsap County approved find adopted the McCormick Urban Village Open Space, Parks and Recreation flan ("Plan"), dated April 25, 2005; WHEREAS, the Plan idcatilied the McCormick Village Park ("park") as proposed Community Project #4 to be located on the north side of Old Clifton. Road, just oast of the proposed "Campus Boulevard" (Plan, pgs. 6.7), The Park is intended to be a central gathering place for community residents; 0 WHEREAS, in ,tune 2004 GEM 1, through The Berger Partnership, prepared the preliminary concept plan for the Park attached hereto as Exhibit 1; WHEREAS, based on the preliminary Concept plan and upon the assumed construction by GEM .------1—t13e-}?Iaarestirnated-cnsts-o€ senstt�stioA-te-be-$�-8�,"�1an,$g� �-and..eStakrl.Fshedaphttsing schedule such that (1) OEM I would complete a final plan in the first year with the development of tbe. first housing on McConnick North, (2) phaso I of the Park would be constricted prior to final ocetFpancy of 300 units arlyWhare within McCormick North, and (2)'phase 2 of the Park would be eonshucted prior to final occupancy of 500 units anywhere within McCotmx ck North (Plan, pgs. 7, 16); WHEREAS, Condition # 44 of the approved McCormick lllorlh Master Plan Phase 2 mirrored the phasing established in the Plan; WHEREAS, Kitsap County and GEM 1 believe it to be in the best interests of the community to have the Park constructed sooner than the phasing established by tho Plan and by the approved McCormick North Master Plan Phase 2, and wish to arnend the Development Agreement for Open Space, Parks, -crud Recrealion to address the necessary changes associated with the County assuming construction responsibility of the Park, includizig an accelerated schedule and potential increased costs associated therewith; P-M-NDMENT 8t to bEV ELOPM�+tdT AG1LEEtvtElri'I FOR OPE14 SPACE, PARKS and RECREATION- I • EXHOTA: ANNEXATION A-19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS AGREEMENT NOW, THEREFORE, the County and GEM 1 agree as follows: all provisions of the Development Agreement for Open Space, Parks, and Recreations and tireMeCormiclr Urban Village Open Space, .Parks and Recreation Plan shall continue in full €orcc arld effect wiless modified herein, 2. Upon the transfer or dedication of the property to be used for the McCi)w tick Village Park as provided below, And the transfer of funds as provided below, Kitsap County shal i assltrno ftom GEM I complete responsibility for the design, construction, and inaintenartce of the Park, including; the costs and scheduling tbereof. Kitsap Countymay use the preliminary concept plan estab] ished by Thu Borger Partnership, but will not be bound by it. 3, At the time of recording the Finial Plat of what is corrunonly known as Division Three of the McCormick North Phase 1 Preliminary flat, GEM 1 shall also dedicate the area shown on Exhibit 2 of approximately 65 acres for the Park to Kitsap County, At the tune of Final Plat recording, the-lagal description of the Park shall be deternnined. The parties agree to executo any necessary agreements or other documents required to complete the dodication of that area to Kitsap County, 4. At the time of recording the Final Plat of what is cornmorily known as Divisions Tluee of the McCormick North Phase I Preliminary Plat, GIwM I shall make a payment to Kitsap County in the amount of Six Hundred Forty Three Thousand, Seven Hiladred forty Two dollars($643,742.00), which is the full amount of the estimated costs of construction ($585,220), plus ten percont ($58,522) for design and engineering. —__..-- tire provisions above, Kitsap County Shall accept these actions as the fulfillment of all obligations of McCormick Land CompanylC FW I LLC for design and construction of the Park, as identified in the McCormick Urban Village Open Space, Parlor; and Recreation Plan, and in Condition 944 of the Mc:Coernick North Master Plan Phase 2 6. - The McCoratickNorth Master Plant will hereafter be amended consistent with this Amendment and pursuant to Kitsap County Code 17.42$.120. 7. At'such time as the subject property is ann6xed by a monicipolity, a pre -annexation interlocal agreement shall be executed which snakes prctvision for park development and maintenance responsibdities associated with the Park created pursuant to this Agreement. EXECUTED by the, pai#ies on the Batas herminaiter indicated. 10JENDMENTttt to IIFVFL0F1MHNTAGttEF NT FOR 0P8N SPACE, PARKS and HCREA' ION- 2 EXHIBIT A: ANNEXATION•A-19-09 MCCORMICK WOODS INTERLOCAI AGREEMENT FOR OPEN SPACE & PARKS • DAxP,D: ATTEST Opfal Robertson Clerk of the Board APPROVBD AS TO FORM: By: 1 tyd9r osecutingAttomey laTSAP COUNTY HOARD OF COMMISSIONERS GEM I, LLC Its:-- Date--�Co�f1�:��ii` STATE OF ) Qatik1 R' YA �► ss. COUNTY Oir�• Chair issioner over DESE HOLBpft Crntuwl d og(orr9 L*.,.W Lclg!rr�' Aukklc• Cptxarnla m0mo County . EAPUa6 Jun 2 7, 2a t0 I certify.that I know of have satisfactory evideaco that SC t '0• U�C� is the person appeared bcforc xao, and said person acknowledgt;d that heJsh4 signed this iiistrumeait, on oath stated that he/she- was authorized to exeeute the instrument and acknowledge it as the ttt��meritioncd of GENT I, LLC to be the fee and voluntary Act of such party for the puin the instniment. SU13SCRIBED AND SWORD to before tare this t0 day oft!a e�y /mY,��g_,_2006. NOTARY PUBLIC in and for the State of Cai�t'otzYit�t�, ):esidfng atVlSVC�lm, My appointment expires: ?.0t 0 APPROVED AS TO FORM; AAttorneyIfor-1, LLC AMENDMENT ##I to DLVELOPMENT AGREEMIP,NT FOR OPEN SPACE, PARKS and RECREATION- 3 EXHIBIT A: ANNEXATION A-19-09 MCCORM(CK WOODS I0 INTERLOCAL AGREE(A =NT FOR OPEN SPACE & PARKS McCORMCK URBAN VILLAGE DEVELOPMENT AGREEMENT FOR OPEN SPACE, )VA.RKS and RE, CREATfON TI-IIS AGREEMENT is entered into between Mtsap County, a Washington municipal corporation ("the County"), and GEM I LLC, a Washington corporation ("GEM I'). RECITALS WHEREAS, GFM I is the owner of the undeveloped lands in the South Kitsap UGAIUL10#6 Sub -Area Plan ("Plan") Iutown as "McCormick Urban V01agc" ; and WI—MRFAS, the South 1Gitsap UGA/ULID46 Sub -Area Plan for the McCormick Urban Village establishes, as a goal, the creation'of a comprehensive, integrated plan for open spaco, parks and recreation (flan, p. 25, Goal 5); and WBEREAS, Kitsap County has adopted KCC Chapter 17.423, "Master Planning Requirements for the South Kitsap UGAIULI]D 06 Sub -Area" to implement the Plan; and WHEREAS, KCC 17.429.020 and 17.428070(B)(6) state that a comprehensive plan for open space, parks and recreational areas shall be planned for the area subject to master planning and include a coordinated plan for the provision of a conzprOzensive, intercortnected and integrated network of parks, open space and recreational areas, showing crintlectiol)s, as appropriate, to adjacent areas within the sub -area and, as- appropriate, outside the sub -area, and meeting 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 McCormick Urban Village north of Old Clifton Road designated Urban Cluster Rcsidentta ( ; a`n_ ------ T --- VM REAS, the Department of Community Development ("DCD") has requested that the Masten, PIan for the UCR zoned portions of McCormick North be expanded to include a comprehensive open space/recreational plan for McCorrnielc Urban Village; and WBEREAS, GEM I has submitted, as part of the Master Plan applic'ation, an Open Spare, Parks and Recreation Plan for the entirety of the McCormick Urban Village; and WHEREAS, Kitsap County has adopted the Kitsap Open Space Plan (2000) and the Kitsap Parks Study P003), which establish standards for open space, parks attd recreation; and DEVELOPMENT AGREEWNT FOR OPEN SPACE, PARKS and RECREATfON- I EXHIBIT A, ANNEXATION A-19-09 MCCORMICK WOOS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS WHEREAS, Kitsap County has adopted additional standards for McCormick Urban Village Parks and Recreation in the UGA/0LID#6 Sub -Area flare at Section 7.2.4; and WIdER.EAS, Kitsap County has adopted additional standards for open space, parks and recreation for McCormick Urban Village in the Kitsap County Code Sections 17.428.070(B)(6)(a) and (b); and WI-IEREAS, Kitsap County has reviewed the McCormick Urban Village Opert Space, Parks and Recreation Plan for compliance with all adopted standards and requirements; and WHEREAS, the parties anticipate that development of McCormick Urban '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 identified in the McCormick Urban Village Open Space, Parks and Recreation Plan at such time as imparts occur and improvements are warranted; and WHEREAS, GEM I wishes assurance that it will receive, as appropriate, credits andlor 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 flan, the value of which exceed CEM i s proportional share of tite cost of those improvements; and W-MRLAS, RCW 36.10B.170, et. seq., authorizes counties to enter into mitigation agreements providing for, among other things, "development standards and other provisions that shall apply to and govern ... the development." AGRE +'NT NOW, T'HE"FOIM, the County and GEM 1 agee as follows: 1. approval of c arrurc r 15an rage peu pace, ar and�i[ei'rtra^ Kitsap County hereby approves the McCormick Urban Vlllagei Open Space, Parks and Recreation Plan, acopy of which is attached as Exhibit A. 2. County Inclusion of Projects in Capital Facilities Plan, Kitsap County will include, when appropriate, tiro McCormick Urban Village regional system projects in the County'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. 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 Urban Village Open Space, Parks and Rccreation Plan according to the Phasing Plan, provided the Phasing Plan may be modified at the time, of speoif'ec land use approvals for development within McCormick Urban Village in order to DFVELOPMENT AGREEMENT FOR OPRN SPACE, PARKS and RLCREATI:ON- 2 0 EXHIBIT A; ANNEXATION A-19.09 MCCORMICKWOODS 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 concurrently with the residential and oth r uses which generate the need for such improvements. Cottalruction of Certain Open Space, Parks and Recreation Improvements. GEM 1 or its assignee may construct certaur improvements identified in the Open Space, Parks and Recreation Ulan and the Phasing Plan therein, as part of the deve(opuient of certain portions 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 included in the County's Capital Facilities Plan, can be used to apply for credits and/or reimbursements, as described in Section G, below. in the event that GEM 1 constructs regional system pro arts 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 audfor Reimbursements for Construction by GEM 1. In accordance with RCW 82,02.060(3) and KCC 4.110.040, a developer is allowed to request credit and/or reimbursement in the event that the developer constructs open space, parks and recreation improvemens that would otherwise be constructed by Kitsap County. Upgii completion of an improvement identified in the Open Space, Parks and Recreation Plan and listed in the Capital Facilities Plan, GPM 1 may make it written request for a credit/reimbursement to the Director of the Department of Community Dovelopmmit and such request till be processed pursuant to KCC 4.110.040 in consultation with the Director of the Facilities, Parks and Recreation Department, The timing and amount of any reimbursernent will be dependent upon the availability of fees collected and any prior funding commitments- b. Annexation. As provided by RCW 36.70k3.190, while this Agreement is in effect, "the agreement is binding on .. , a city that assumes jurisdiction through lacorporatinn or ��"" e io�i lre�r�$-�veringth�pmPe►�y'eavered�ry-#hey-dekvefeprn�€-a�et�t "In...��__��..w the event McCormick Urban Village is annexed or incorporated into a municipality, and the municipality agrees that it is bound by this agrecmeut, all funds that represent the proportional share of the costs for system imptovements reasonably related -to the McCormick Urban Village regional projects that are listed in the Capital Facilities Ilan and that arc available at the dine of annaxation shall be conveyed to the municipality for use in funding construction of the necessary open space, parks and recreation system improvements which are the subject of this Agreement, 7, Vesting Rules. This Agreement shall remain in effect for all developniw within the McCormick Urban Village. Kitsap County shall not requite 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 INTERLOCAE AGREEMENT FOR OPEN SPACE & PARKS 8. Amendments, l;xcept as otherwise provided in this Section, no change or modification of this Agreement shall be valid unless the sume is in writing and is signed by the authorized representatives of Kitsap County and GEM 1. No purported or alleged waiver of any of the provisions of this Agreement shall bo binding or effective, unless in writing and signed by the party against whom it is sought to be enforced. 9. Serious Threat to Public Health and Safety. Pursiiant to RCW 36.70.B.170(4), the County reserves fhe authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10. Binding Effect: This Development Agreement shall be recorded with the Xitsap County Auditor and 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.190. It. Relationship of the Parties: Notwithstanding any other provision of this Development Agreement, or any other agreements, contracts, or obligations which may derive herel'rom, nothing; herein -shall be construed to make the County or GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or obligations of the other parties, it being the intention of this Development Agreeinent 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 Developmeni 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. uihin[erigils�Yhis Dev�opment Agreement zna be axecuted_in multiple copies, --- each of which shall be deemed an original. 14, Construction. The captions throughout this Development Agreeinent are for convenience and reference only and the words contained in them shall not be held to expand, modify, amplify or aid fi the interpretation, construction or imeaning 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 Attorney's pees. in the event that any party to this Development Agreement beings a lawsuit against any other party in order to enforce any provision of this Development 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 other available remedy. DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECR , ATION- 4 • EXHIBIT A; ANNEXATION A-19-09 MCCORMICK WOODS 1NTRRLOGAL AGREEMENT FOR OPEN SPACE & PARKS 15. Attorney's Fees. 1n 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 breaeh thereof, the prevailing party in any such lawsuit shall bo entitled to recover its costs and reasonable attorney's fees in addition to any other available remedy. EXECUTED by the parties on the dates hereinafter indieated. DATBD: ATTEST: Opal Robertson Clerk of the Board APPROVED AS TO FORM: By: Deputy Prosecuting Attorney Date: GEM 1, Uc By: Its: Date: KITSAP COUNTY BOARD OP COMMISSIONERS CHM ENDRESEN1 , Chair ANGEL, Commissioner PA` 7Y LBNT, Cozninissioner � T DUBLOPMENTAGREEMI.NT FOR OPEN SPACE, PARKS and RECREATION- 5 EXHIBIT A; ANNEXATION A-19-09 MCCORMICK WOODS INTERLOCAL AGREEMENT FOR OPEN SPACE & PARKS STATE OF WASFUNOTON j ss. COUNTY OF KITSAP } I certify that is 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 of GEM 1, LLC to be the fee and voluntary act of such party for the purposes mentioned in the instrument, SUBSCRIBER AND SWORN to before me this day of T _2005. NOTARY 7'UI3Ll•C in and for the State of Washington, residing at My appointment expires: APPROVED AS TO FORM: By: -- --- Attorney for GEM i, LLC Date: DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS and RECRBATION-6 • 0 EXkf8ti'A: ANNEXATiOnA-1949 MCCORMICK WCOW fNTERLOCAL AGRC-CMENT FOR OPEN SPACE; & PARKS { x.. � y wx MMd jDan MA RM��llI Hill ��■ 1 { - � r• - R � �f.'Conioti-. •. 415, .»� z-•---mac °'�°" �`',.,�. '� r:l k • 1-1 V. en Space, ace Parrs and Recreation Plan 0 p Introduction The "Open Space, Parks and &arah'an Plan" is intended to meet all reciturements for these infrastructure facilities at full build -out of McCormick Urban Village. It meets all standards and requirements for a community ?lamed for 10,000 residents. It is based on and consistent with the McCormick Urban. Village Plant and other adopted Kitsap County stetidatds for open space, parks and recteation. It meets the master planning requirements of Sec.17.428. It is designed to include protection measures for sensitive areas ruhich meet the standards of I-itsap Code 'title 19, Critical Areas Or&nartcc. This pattern of open space protection and provision of active recreation and pocket pa&s established at the McCormick Weods neig6orhood has set a Lgh standard for the remainder of McCormick Urban Wage. This Plan continues that standard. It is intended that this plan, together with the accompanying "Mitigation Agreement for Open Space Parks and Recreation", will be formally reviewed sand adopted as Bart of this Application. The Plan includes, Planning Context -- summarizes the history and context for planning Desq,tiption of Plan Projects — dcscrJbcs the existing nad proposed regionsl and community projects Financing Plan presents estimated costs and sources of revenues for development and maintenance Phasing Plan -- shows schedule for proposed projects Standards — summarizes applicable standards and demonstrates how Plan meets the standards Mitigation Agreement — defihes public/private partnership to assure implementation of this plan The map, Plan fat Opsrt Space, Patk and Recreat on Facilities, on the next page shows the Planning Context 'the McCormick Village Open Space, Parks and Recreation Plan helps unpletnent the adopted plans of Kitsap County as well as the visions and conuidtments of McCormick Land Company. KIrsap open Space Plan Kitsap County adoly ted the YjW Opv Spao P&n (2000) which establishes priorities for open space, parks and recreation throughout the County. The Plan states that m open space system is a "connected system of parks, often space, recreation facilities, greenways and trail corridors". It outlines policies for acquiring, developing and maintaining the system; a. Preserve and manage critical open space; b. Development and maintain regional traits; c. Acquire and develop regional parks; L Pormaly koowa as the "South Naap UGAIUL D 46 Sn6Ara Piart'; adopted by the Ictsap County Boud of County Commissioners, Ihceinber M. 1 Apa-i125, 2005 d. Collaborate on use of school facilities for community recreation; e. Partner with tocat jurisdictions to develop and maintain local pules; and, f. Coopetate with'cities to coordinate and lyre -plan development of urban parks. Vision for McCormick lands From the 1980's,1McComidck Land Company envisioned building an urban open-spacerrecxeatiott 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 goat. The plan established over 400 acres of wetlands, streams and woods as permanently protected open space. There are now over 600 occupied homes at McCormick Woods in single-family, duplex and 2.eta-tat line housing. See FxEbit "iMcComuck Woods Master Plan", following this page. The McCormick Woods Master flan was followed in the early 1990's with a plan ('Planned Utbur Development" or I'UD) for neighbothoods an the nortit side of Old Clifton Road. The plan established setbacks and buffers to protect stream corridors, steep slopes and wetlands. It included 410 residential units and an approximately 60-acre site for, a then anticipated community college expansion campus for Olympic College. The plan vas known as "McCormick Campus Station". In 1993, McCormick took the lead, in cooperation with the State of Washington find 1<11-sap County, in preparation of the McCorntrck%CandngvodjSgxare State Park Praseive Plana (EDAW, 1998). The Plan identified habitats to be preserved and opportunities for recreation. The effort to expand and preserve permanent public open space in this area continued through the next five years. Studies and surveys sponsored jointly by Kitsap County and McCormick identified this area as the headwaters for Coulter and Rocky Creeks. A sketch plan for potential uses including open space protection, multi -use trails and active tecrLation -- was prepared (Tlte Berger Pattnership, March 2003). I Ater that year the County aquire;d title to approximately 1,200 acres and created Coulter Creek Heritage Pack. as a regional commututy park, firlHing one of the Kitsap Open Space goals for a heritage park in South Wtsap. An initial recreation use -- a Radio -Controlled Airplane bark -- is already in place, and plans are -----,------uttclerssra}�-foz-impxn�ng traiLs.egm_�:it�. _ _ w -- See "McCormick/Calvinwood/Square Sake Presetve Conceptual Master'Plan", "Watershed ArcaO, and "Coulter Greek Heritage Dark Plan" neaps on the following pages. County Plan for McCormick urban Village 'neMcCormick Urban Villageplan, adopted by Kitsap Coutttyin Decernbet 2003, formalizes a land use pattern that is consistent with snd expands the original vision for this community. The Village plan is Fox nvxed-use neighborhoods, including business pack, village center, and x variety of ncighbc'thoods, and a centrally located community park site, with its requireinents for a comprehensive open space, parks and recreation plan it affiruis the intent to create urban open -space -recreation community. Open Space, Parks and Recreation Plan for McCormick Urban Village This current Open Space, marks and Recreation Plan builds on the Kitrap Open Space Plant and the ivlcCortnick. Village Plan to take the planting for open space, parks and recreation to the next level of detail. It icletrtifies specific projects far regional and community facilities, 2 April 25, 2005 estimates costs for acquisition, developmettt and maintenance and lays out a development phasing plan. �j 0 3 April 25, 2005 0 • Plarr Projects The topography at McCormick Urban Village' consists t)f a series of undulating north -south ridges, pocket wetlands and stream corridors. The open spaces are comprised ofwetlands, stream cortidors and forested lands -- a good example of a typical northwest ecosystern. At the northern edge, the land falls steeply from a plateau to the lands• below, along Sinclak Inlet. The laud configuration and the flan land uses establish the opportunties to create a comprehensive plan For projects to enhance and preserve open space, establi6parks and create tecteation facilities, the projects are described here as Existing Regional Projects, Proposed Regional projects, and Proposed Community Proiects. See also surrunary in the chart, Ptafects, CooceptNans aircll�inpfenic�rh on Strategy, following this section. Exlsting Regional projeCts There are three existing facilities that are part of the Ktsap County regional system of open space, parks and recreation. The first is a major open space system at and adjacent to McCormick Urban Village is that includes the Coulter Creek Heritage Park and contiguous open space areas, The second is the Anderson Creek Headwate.ts Viewpoint located just off McCormick Woods Boulevard. The third redonal facility is the McCormick Woods Golf Course, a privately -owned, open -to -the -public 18- hole golf course. I. Coulter Creels Heritage Park, Square Lake, Big bond The 1,2fi0+/- acre Park is part of an over 2,000 acre synth that extends notth into McCorn-ick Urban Village at Big Potid and Square Lake areas, through the McCormick Woods open space, the headwaters of Anderson Creek and into a part of the Bxetnerton Watershed. It extends from Square Lake on the east, along the southern boundary o f the Village, across Sunnyslope Road to the Bonneville Power Adn-&dsuation lines ors the west, near Bremerton National Airport. It is the' headwaters of several streams and creeks and supports nattive vegetation, lairds and small tziammals. It is sometimes difficult to identify the boundary between Coulter Creek Heritage Park and adjacent ownerships, most especially of the south boundary of McCormick , rtla� p �s le the liaundery and v er unique opportunities for joint management or expansion of the Nark — Big Pond and Square Lake, This Plan will foxrnally lhik these areas. + Big fond is a 20-acre lake lyingimmediately south of McCormick Urban Village. The south portion of the pond is within the Coulter Creek Heritage Park and the north part is within the Village. Big Pond Trail is a favoxitc of localresidcnts and offers opportunities to observe the workings of a large beave.x colony. 7be trail, which connects to other trails in Coulter Creek Heritage Park, crosses lands variously owned by the Park, McCormick Woods Association and GEM I LLC. A joint management agreement for trails that cross these. boundaries could result in coif savings, • Square Lake, is 2x1 approximately 30-acre lake with the south one-half sited hi Square bake Park, which is owned by T<itsap County anti managed by the State of Waslungton and for all intents and putposes is part of Coulter Creek Heritage Park. There is a small beach and picnic area with access from fake Flota Road. The northern part of the Lake is witlyin the boundaries of McCormick Urban Village, vn land which is still owned by the developer. 4 April 25, 2005 • The proposal is to expand the lark at this location to encompass Square Lake and to develop additions to the trail systern, 2. McCormick Woods Open Space-- At the western edge of McCormick Moods, between McCormick Woods and the to-bc-developed McCora irk West, there is approKirttately400 acres of woods andwedands extenditig north -south which is part of the overall critical open space system. This area, with over 6 miles of trails, is currently owned and maintained by the MGCottWck Woods Homeowners Association. The trails through this privately -owned space include the Big Pond Trail which inks to Coulter Creek Heritage Park. There is a public easement over the westernmost trail, although the last seginent to Old Clifton Road has not been deffnrd, The proposal is to enter into a joint ntaitagement agreement with the McCormick Woods Association so that this trail is included in the regional trail system. 3. Anderson Creek ffeadwaters'Viewpoint it,ocated on the west side of McCormick Woods Drive, approximately 450 feet south of the intersection with Old Clifton Road, is a monument and viewpoint for the Anderson Creek Watershed. The display, which was erected with the sponsorslvp of the Anderson Creek Strearn'X earn and McCormick Land Comparty, presents information on the watershed which drains into Puget Sound. Vrom the site, which has parking access, visitors cat view a la%ge typical wettand environment. Proposed Reglonatf Projects Because the expansive areas of open space are owned by several cooperative entities, them are special opportunities to expand axid improve the regional open space and park system. The.projccts include: a defined trail from Coulter Creek Hetitage Park to SR 16 and the Mosquito %Feet Trail; a trailhead in McCormck Urban Village into the Park near Big Pond; and,-expansion.of the Park and tr;iil extension at Square Lake. — -- 1aii#rei��ati.lte�t��kY-1<ecitagc-Pack-to,-SRI"nd_tlxe Mnan When completed xesidents and visitors will be able to walk from the Coulter Creels Heritage Park south of McCormick Urban Village north through McCormick [irban Village and the Bremerton Watershed to the southern edge of Highway 16, along Sinclair Inlet. The proposal is that the County plan at this location fora connection to the Mosquito Fleet Trail, which is proposed to tun the entire length of -die Mtsap Peninsula along the shore of Puget Sound. These trails, together with sidewalks in the Village where appropriate, also serve as . practical paths from neighborhood to neighborhood and from the residential areas to the futuxe village center and business park. • Link 1: CCHP to McCormick Village Park Ttiere is a public easement along this trail which extends froin Coulter Creek Hetitage Park, near Big Pond to Old Clifton Road. Currently, this trail is owned and maintained by the McCormick Woods Association and no significant provision has been made for public use. As planned here, this link would be extended, as part of the April 25, 2005 0 • developer's xesponsibihty, across Old Clifton Road to McCotn iek Village Park when the first division of houses is constructed on McCormick North. Lh)k 2: Village Pant to the Bremerton Watershed McCormick Village Park (described in detail below and shown in concept plan) is centrally located iu .the Village. There are existing old logging roads which will be improved as paths, both west and east. Ta 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 installed to serve the McCormick Nor& neighborhoods. ]Link I Notth thtough the Btemettotl Watershed The water line easement and improvement extends north, downhill, across the $remetton Watershed. It wM be located outside the Anderson Creek setback buffer. Usc of this easement for a trail as part of the regional trail system will require an agreement between Kitsap County and the City of Bremerton. Link 4: Across SR16 This link would join up with a future proposed Mosquito FleetTrail along Sinclair inlet, The Mosquito Fleet Trail is being developed as oppottusuues become available and is planned to run the entire length of the Mtsap Puget Sound coastline. A pedestrian crossing over SR16 will be requited, The project wilt need the cooperation of WSDOT to proceed. 2. Trailhead to Coulter Creek Heritage Pack in south part of McCormick Urban Village near Big .Pond A trailhead is shown on the concept plan for Coulter Creek Heritage Park, located in the south part of McCorrrz ck Urban Village, In concept it would have limited parking, an information kiosk and restrooms. Planv4ig for this project will occur in the neat future, at the same time as the planning for cooperative managerncrit agreements for Ehe trails at Ng Pond and through the McCormick Woods Open Space. The developer will dedicate the land for the ttailhead at such time as development of Mr_Counick West proceeds. .�� �xpan ou er tee xt a ill in the information about Squate Lake, the lake extends north into McCormick Urban Village. Preliminary Qeld study indicates thst a trail could be constructed in this area that could at least extend existing trails at Square L21m anal perhaps eventualty circle the lake. Tlie proposal is to cooperate with l tsap County on the location and construction of the trail. 'This work will proceed at the same time es plans are made for future neighborhoods in this area. The developer will dedicate the land. Proposed Communhy Projects 'Yhe McCormick Urban Villags Plant strategically sites two major community facilities, a large community park and a multi -school site. These two projects, one developed by GHM I LLC and the other when SKSD#442 builds schools, are intended to provide for all active xeereation for Village residents. In addition, the cone nnitrnent to providing "pocket parks" within the residential Neighborhoods in a manner consistent with the Dousing market served by each ncighbo4inodNvill 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", The play areas are sited an a 6 April25, 2005 • to v ridge between the wetlands that drain into the west fork of Anderson Creek. A preliminary concept plan for the park has been prepared by The Berger patwership Dune 2004). See next page. The concept is for a central gathering space for community xesidents, In the center there is a Village Gxeen, surrounded by generous paths. There is an adja"nt children's play area, Restrooms are nearby. A sports rneadowis located near Old Clifton Road with bicycle and pedestrian access. The northeni part of the park is reserved for informal play, with open fields, running paths, a kite hill and an overlook picnic area. Parkilig is located off Campus Boutevard. A final plan will be completed with the dcveloprnent of the first housing on McCormick North. 'I'he park will be developed in phases as the comimututy grows, which different phases scheduled specifically as first 300, then 500 and Finally Village Center homes are occupied. See Phasing Plan, below. School Facilities The McCorrr&k 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 Feigley Road, The South Kitsap School District #402. (SI D#402) and McCormick have cooperated on thelocadon of this school site and ou providing urban utilities and regional stotmwater systems to support future school construction, Although the District does not have specific plans for schools atthis time, the site is adequate to provide for cldier a junior anti senior high school, or, an elementary and junior high school.. SICSD has an adopted policy of cooVerating with the community to allow use of its facilities for community recteation: "'The Board recognizes and supports the concept of community schools anti/or community education. To this end, the Board encourages the utilization of all Diguict facilities for this purpose within budgetary limitations. The Superintendent —, --�Q,4SI�j(�aµ_t(J-tjle�rr� Fnr.{ts�lji rntr�rf nnPrahfno-mttr�p�fnPc f[]f• (�I lementtftg' j�e~___��_ Community Education Program." The schools' baRfields anti other athletic facilities Lvi11 be available for community resideries' use. 5. 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 all residents, those who live nearby are most likely to use them. These will be planned atsd constructed by the site developers and home buildets, depending on the Housing market. 7 April 25, 2005 • • C] R,,,.r eevtrr Meeting Date: February 22, 2010 Agenda Item No: P% �na1C Kiltsap County Board of Commissioners Department: Commissioners Office Staff 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 (ILA) 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 Kitsep 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 ILA. Attachments: 1) Parks ILA as approved by the City of port Orchard Fiscal Impact 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 Fronds: Developer Payment Fiscal Impact (DAS) Review Departmental Coordination Department Representative I Recommendation/Comments Contract Information Contract Number late Original Amount of Original Total Amount of Amended Contract or Contract Contract Amendment Amendment Approved