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068-10 - GEM 1, LLC - ContractReturn Address: McCormick Land Company RECEIVE® 4978 SW Lake Flora Rd Port Orchard, WA 98367 DEC 21 2010 DOUGLAS SKROBUT 201012MWbFPWR+ToORCHARD 12/21/2010R92: 12 PMeo Fee $ e5.00 Walter Washington, KitsaA co Audit6r(-AN I:PARTMENT AUDITOR/RECORDER'S INDEXING FORM Document 1. Development Agreement Title(s): Reference Number(s) of Documents assigned or NA released: Grantor(s) 1. City of Port Orchard Additional names on page of document. Grantee(s) 1. GEM LLC Additional names on page of document. Legal The northwest quarter of the southwest quarter of Section 4 together with the southwest, northeast ans Description: southeast quarters of the southeast quarter of Section 5, all located in Township 23 North, Range I East, (abbreviated) Willamette Meridian, Kitsap County, Washington Additional legal is on pages 1 through 13 of document. Assessor's Property Tax Parcel/Account Number: 052301-4-014-2009, 052301-4-015.2008, 052301-4-016-2007, 052301-4-017-2006, 05231-4-018-2005, 052301-4-013-2009, 042301-3-009-2009,042301.3-007-2001 Additional Assessor's Property Tax Parcel/ Account Numbers are on page 3 of Document. DEVELOPMENT AGREEMENT McCormick North Phase III Contract No. 068-10 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between the City of Port Orchard, a Washington municipal corporation ("the City"), and GEM 1 LLC, a Washington limited liability company ("GEM 1"). RECITALS A. GEM I is the owner and developer of the McCormick North III Master Plan and Preliminary Plat, which is a portion of a larger area generally known as McCormick North. The McCormick North development is generally located on the north side of Old Clifton Road, west of Anderson Hill Road. The McCormick North area and the portion of that area known as McCormick North III are shown in the site plan attached as Appendix A. The legal description of McCormick North Phase III is attached as Appendix B. B. The McCormick North area, including the area of McCormick North Phase III was annexed into the City of Port Orchard on July 8, 2009. C. Prior to the annexation, GEM 1 obtained Kitsap County's approval of a Master Plan and Development Agreements for Stornwater, Traffic, and Parks and Open Space, which regulate development of all of GEM I's developments in the Urban Growth Area, including McCormick North. In addition, GEM 1 obtained Kitsap County approval of a Master Plan for McCormick North, Preliminary Plats for McCormick North Phases I and II, and additional approvals for various aspects of the development of McCormick North. Collectively, these approvals and agreements established a comprehensive development plan for GEM 1's urban properties, including McCormick North and McCormick North Phase III. D. Prior to the annexation, GEM 1 submitted applications for the McCormick North Phase III Master Plan and a Preliminary Plat application for McCormick North Phase III to Kitsap County - Kitsap County Project Numbers 09 65893 and 09 74595. Kitsap County issued a Notice of Complete Application for the McCormick North Phase III Master Plan on March 13, 2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat on June 16, 2009. E. The City and Kitsap County have different processes for the approval of applications for developments like McCormick North Phase III. The City and County also have similar, but slightly different, substantive standards for the development of projects like McCormick North Phase III. Page I of 13 F. The City and GEM 1 recognize that GEM I has a vested right to develop McCormick North Phase III pursuant to the Kitsap County standards to which it is vested. However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to complete the review and approval of McCormick North Phase III using City permit procedures. The City and GEM 1 also believe it would be preferable to complete the review and approval of McCormick North Phase III based on City of Port Orchard substantive standards, to the extent that use of such standards does not require significant redesign of the project. G. The City and GEM 1 desire to enter into a Development Agreement, as authorized by RCW 36.70B.170, which will establish procedures and standards for the review and approval of McCormick North Phase III. This Agreement is intended to set forth the uses that will be permitted on the Property, the development standards that will apply, the period of time within which the development standards will apply, and the method and manner in which it may be developed. Based on the foregoing considerations, the City of Port Orchard and GEM 1, LLC enter into the following Development Agreement. DEVELOPMENT AGREEMENT 1. Definitions: a. When used in this document, unless the content clearly indicates otherwise, the following words, when capitalized shall be defined as set forth in this paragraph. '�e�plu}ion reSolu?~�vn ,'L'/ (1) "Adopting Ordinance" means the eree that approves this Development Agreement, as required by RCW 36.70B.200. (2) "Agreement" means this document, entitled Development Agreement. (3) "City" means the City of Port Orchard. (4) "Construction Standards" means the City adopted regulations governing construction standards and specifications, such as, but not limited to, the International Building Code, Uniform Plumbing Code, National Electric Code, the International Fire Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other codes adopted by the City, with or without amendment. (5) "Development Standards" means the development requirements set forth in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted therein by reference, and any administrative regulations duly adopted by the City, that relate to the use, alteration or development of real property within the City,. Development Standards does not include Construction Standards or the applicable fees in effect at such Page 2 of 13 time as grading, building, or other applicable permit applications are submitted and deemed complete by the City. �e5ulu� icSi-t'' (6) "Effective Date" means the effective date of the Adopting Ordinance. (7) "GEM 1" means GEM 1, LLC the fee simple title holder of the Property, its successors or assigns. (8) "McCormick North Phase III" or the "Property" means the real property within the City, assigned Kitsap County Assessor's tax parcel numbers 052301-4-014- 2009, 052301-4-015-2008, 052301-4-016-2007, 052301-4-017-2006, 052301-4-018- 2005, 052301-4-013-2009, 042301-3-009-2009, and 042301-3-007-2001, as depicted in Appendix A and legally described in Appendix B. The Property consists of approximately 129 acres and the proposed future uses include residential, mixed use, and industrial. (10) "Vesting Date" refers to the date on which Kitsap County issued a Notice of Complete Application for the McCormick North Phase III Master Plan project - Kitsap County File Number 09 65893 (March 13, 2009), as set forth in paragraph D, above. (11) "Vested Development Standards" means the Development Standards in effect on the Vesting Date, except as modified by the requirements set forth in Section 3 of this Agreement. 2. Development Review Process: a. The Kitsap County review process for McCormick North Phase III required submission of (1) a Master Plan application, and (2) a Preliminary Plat application. The City review process does not include a Master Plan process for such a development. The City's requirements for a Preliminary Plat application are slightly different and slightly more detailed than the County's Master Plan application requirements. b. In order to convert the pending applications to the City permit process, the following steps have occurred: (1) GEM 1 submitted modified and supplemental information requested by City staff regarding the pending master plan and preliminary plat application, in order to provide the additional information required to meet the City's application requirements for preliminary plat approval (generally consisting of additional information on the stormwater control plan). (2) The City reviewed the application materials previously submitted to the County, and the modified/supplemental information provided pursuant to the preceding subsection 1(b) (1) and determined, based on that information, the application contains Page 3 of 13 sufficient information to allow the City to process a preliminary plat application for McCormick North Phase III using City processes and standards, subject to the terms of this Agreement. (3) Based on the City's determination that the application contains sufficient information to allow the City to process a preliminary plat application for McCormick North Phase III using City processes and standards, subject to the terms of this Agreement, the Master Plan application previously submitted to the County was deemed to have been abandoned and the McCormick North Phase III project was processed as a City preliminary plat application as set forth in this Agreement. C. Because the applications have been converted to the City permit process pursuant to subsection I(b), above, the application has been processed pursuant to City procedures for preliminary plat approval, as in effect on the Effective Date of this Agreement. This process included, but was not limited to, issuance of a new notice of application (if deemed to be required by the City) and SEPA review, the City Hearing Examiner and appeal processes. 3. Development Standards: Because the McCormick North Phase III applications have been converted to the City permit process pursuant to Section 1, above, the Property, including all permitted land uses, has been reviewed and conditioned based on the Development Standards in effect on the Vesting Date, with the following changes: a. Minimum Residential Lot Size. The McCormick North Phase III project was designed with and is based on a minimum residential lot size of 1500 square feet. The minimum residential lot size for the Property shall be 1500 square feet. b. Tree Retention. The City and County have very different requirements for provision of open spaces and retention of significant trees. The City's current significant tree retention regulations are based on an assumption that a certain number of significant trees will be retained throughout a project (defined as a tree having diameter at breast height of 36" or greater). The County, on the contrary, requires that a certain percentage of a site be retained as open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick North project, developed that overall project based on the County system. As a result, there are and will be substantial areas of trees retained within the McCormick North project but in a pattern that is different than the City's lot by lot system. In order to accommodate this difference, the City and GEM 1 agree that development on lots within McCormick North Phase III shall be exempt from the provisions of the Port Orchard significant tree retention regulations (PMC 16.50.180 through 16.50.220, as now or hereafter amended) for a period of fifteen years from the date of final plat approval. After the expiration of said fifteen year period, any new or additional development on any lot in McCormick North Phase III shall be done in compliance with the requirements of significant tree retention regulations in effect at the time of application for such new or additional development. Page 4 of 13 C. Stormwater Control Standards. McCormick North Phase III was originally planned and development applications submitted on the basis of the requirements set forth in the Kitsap County Code Title 12 Drainage Standards, and the Kitsap County Department of Public Works Stormwater Division, "Kitsap County Stormwater Management Manual (KCSWDM)," dated February 2002 with 2007 updates. GEM 1 subsequently agreed to use more state-of-the- art water quality best management practices as part of the project. In order to implement this agreement, the City and GEM I agree as follows: (1) The requirements set forth in the Kitsap County Code Title 12 Drainage Standards, and the Kitsap County Department of Public Works Stormwater Division, "Kitsap County Stormwater Management Manual (KCSWDM)," dated February 2002 with 2007 updates shall be used to review and condition approval of the water quantity aspects of the stormwater control system for McCormick North Phase III (i.e., the volume of required retention -detention and flow control standards). (2) The standards contained in the 2005 Department of Ecology Stormwater Control Manual and Kitsap County Low Impact Development Ordinance shall be used to review and condition the water quality control aspects of the stormwater control system for McCormick North Phase III. d. Building Height. Kitsap County and the City impose similar but different building height limitations on the residential zone (RM — Residential Medium in the County and R20 in the City) in which a portion of McCormick North Phase III is located, but the County method of measuring building height is somewhat more detailed. Because the plat was designed assuming the County measurement system, building heights in the portion of McCormick North Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code 17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.) e. Road Cross Sections. McCormick North Phase III is part of a larger development which was designed and constructed based upon the standards in the 2007 Kitsap County Road Standards, including roadway width, sidewalk requirements, street trees and street lighting and related appurtenances. In order to provide uniformity of appearance, a common maintenance standard, and for consistency, except as noted below, McCormick North Phase III shall be developed using the same road cross sections and road improvement standards that were used in the balance of the McCormick North development. Copies of the applicable Road Cross Sections and Road Channelization Plan are attached as Appendix D , D-1, and F. (1) Roads 1 through 5 shall have 6 foot wide sidewalks in accordance with WSDOT Standard Plans. Road 1 shall include a center turn lane between Roads 5 and 6. (2) Roads 2- 4 are intended to provide ingress/egress to the R20 zone (High density residential) parcels. The roads shall include curb, gutter, 6 foot sidewalks on both sides, 7 foot parking lane on one side, and 11 foot drive lanes, as depicted in Appendix E and Appendix F. Page 5 of 13 (3) Road 5 is intended to provide ingress/egress to the Eo Zone (employment — industrial and office) parcels. The road shall include curb, gutter, 6 foot sidewalks both sides, 12 foot center turn lane, and 11 foot drive lanes, as depicted in Appendix E. (4) Road 6 is intended to provide ingress/egress to the Eo Zone (employment — industrial and office) parcels. In addition to the median or 12 foot wide center turn lane, two 11 foot wide drive lanes, and 6 foot sidewalks on both sides, as depicted in Appendix E, Road 6 shall also include covered stormwater conveyance with thickened edge, and a cul-de-sac installed to City standards at the north terminus of the roadway. f. Critical Areas, The City has reviewed the critical area delineations and reports prepared for McCormick North Phase III (which were originally submitted to Kitsap County) and has determined that the reports are complete and sufficient for review of a plat application pursuant to City standards and that the delineations contained therein are accurate. g. Zoning and Uses. The land uses for individual parcels or future development tracts are subject to the underlying City Zoning designation and associated land use code as identified in Port Orchard Municipal Code Section 16.30, as adopted on the Vesting Date. Future development is subject to the land use approval process, conditions, and potential SEPA review identified pursuant to the land use tables identified in Chapter 16.30. h. Dedication of Additional Open Space._ Although GEM I proposed to provide sufficient open space and recreational amenities to meet applicable standards, the City requested that GEM 1 also dedicate additional property as open space in McCormick North Phase 1I1. GEM 1 agrees, in response to that request, to dedicate the additional open space subject to the following conditions: (1) Within sixty (60) days of final plat approval, GEM 1 shall convey as permanent open space to the City via quit claim deed the real property depicted in attached Exhibit I (the "dedicated property"), (2) GEM 1 shall be allowed to construct roadway and stormwater control facilities (both water quantity and water quality control systems) in the dedicated property. Such facilities shall be designed and constructed in accordance with Section 3(c) of this Agreement. In the event that the dedication occurs before the stormwater control facilities are completed, inspected and approved by the City, GEM 1 shall have the right to enter the dedicated property for the purposes of design, construction, maintenance and repair of the facilities, including during a period of two years after approval of the constructed facilities. (3) GEM 1 shall be responsible for the maintenance and repair of the stormwater facilities in the dedicated property for a period of two years after approval of the constructed facilities. During that period of time, GEM 1 shall be responsible for any repair, maintenance or improvements required to assure that the facilities are operating in a manner which complies with the standards set forth in Section 3(c) of this Agreement. Page 6 of 13 (4) At the conclusion of the two year maintenance period set forth in the preceding subparagraph, the City shall assume responsibility for the ongoing maintenance and repair of the stormwater facilities in the dedicated property 4. Term of Agreement. a. Because the completion of the development of GEM 1's Urban Growth Area properties, including McCormick North Phase III, is expected to take considerably longer than the development of a single plat and because Kitsap County, the City of Port Orchard and GEM 1 all desire that these properties be developed in a coordinated manner, the Vested Development Standards shall be valid for a period of fifteen years from the Effective Date unless extended or terminated as provided herein. The City may grant a single five year extension if requested by GEM I and if the City finds that GEM 1 has made a reasonable effort to complete the final plat process, recognizing that the timing of development is dependent on market conditions, the availability of financing and various other factors beyond the control of the parties to this Agreement. Final plat approval may be granted for portions of McCormick North Phase III, provided such final plat recording for all of McCormick North Phase III shall occur within the time periods established by this Section. b. Following the expiration of the term or extension thereof, this Agreement shall have no force or effect and the Property shall be subject to the regulations duly adopted by the City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any administrative regulations duly adopted by the City that relate to the use, alteration or development of real property within the City. Provided, however, if a complete building permit application is submitted prior to the expiration of the term or extension thereof, the City shall allow the construction and occupation of the improvement covered by said building permit application so long as the building permit issued on said application remains in full force and effect and construction is substantially completed within 18 months of the date the City issues the building permit. 5. Phasing. GEM 1 shall be allowed to develop the property in phases, with the phases being allowed to occur in such sequence as GEM 1 deems necessary in order to meet economic demands. Provided, however, GEM 1 must complete in each phase the improvements that are determined necessary by the City to adequately protect the public health and safety with regards to pedestrian and traffic circulation, emergency access, stormwater management, and utilities as they relate to the proposed phase. In the event that market conditions or other factors result in a change in the type of uses (residential, commercial, industrial) within the Property, this Agreement shall remain in effect, subject to the following: a. Stormwater controls: GEM shall be entitled to develop its property pursuant to the standards set forth in Section 3(c), above, provided that if the total impervious Page 7 of 13 surface area in the revised development exceeds the impervious area that is assumed in the stormwater plans designed in accordance with Section 3(c), GEM shall design and install the additional stormwater storage required by the revised development in accordance with the City of Port Orchard's stormwater regulations and standards in effect at the time of vesting of the application for the revised development. b. Additional Residential Area. In the event that a revised development would increase the area devoted to single family residential uses, lot sizes and parking requirements for lots in the additional area shall comply with City of Port Orchard standards in effect when an application for development of the additional area is vested. In order to maintain a uniform appearance and consistency, any additional residential area shall be subject to the building height and road cross section standards established in Sections 3(e) and 3(f), above. 6. Default. No party shall be in default under this Agreement unless it has failed to perform following written notice of default from the other party. Notice of default shall allow the defaulting party thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete cure. Each notice of default shall specify the nature of the alleged fault and the manner in which the default may be cured satisfactorily. A parry not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation: issuance of a stop work order, injunction, damages, action for specific performance, or to require action consistent with this Agreement. Nothing herein will operate to prevent either party from taking legal action regarding noncompliance that threatens public health, safety or welfare prior to the expiration of the thirty (30) day cure period following notice of default. No such action or preceding will operate to automatically terminate this Agreement, nor shall it release either party from any promise or obligation herein nor shall it release either party from any liability or obligation with respect to any breach of this Agreement occurring prior to the commencement of any legal action by a party. 7. Notices. All notices required by this Agreement shall be deemed delivered to the respective party on the date that it is personally delivered to the address(es) set forth below, or on the date that it is successfully sent by facsimile transmission to the facsimile number(s) set forth below: City: James Weaver City Development Director 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4991 Page 8of13 Facsimile: 360-876-4980 With a copy to: Gregory A. Jacoby City Attorney P.O. Box 1317 Tacoma, WA 98401 Phone: 253-627-1181 Facsimile: 253-627-2247 GEM I Doug Skrobut McCormick Land Company 4978 SW Lake Flora Road Port Orchard, WA 98367 Phone: 360-876-3395 Facsimile: 360-876-3511 With a copy to: Bob Johns 1601 114`s Avenue SE, Suite 110 Bellevue, WA 98004 Phone:425-451-2812 Facsimile: 425-451-2818 8. Reimbursement for Agreement Expenses of the City. GEM 1 agrees to reimburse the City for actual expenses incurred over and above fees paid by GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees, and reasonable consulting and legal fees not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section are paid to the City. 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 GEM 1. 9. Amendments. No change or modification of this Agreement shall be valid unless the same is in writing and is signed by authorized representatives of the City and GEM 1. Provided, that any such amendment shall follow the process established by law for the adoption of a development agreement, as set forth in RCW 36.70B.200. 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. 10. Serious Threat to Public Health and Safety. Pursuant to RCW 36.70B.170(4), the City reserves the authority to impose new or different regulations affecting the Property, including but not limited to amendments to the Page 9 of 13 Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations, to the extent required by a serious threat to public health and safety. 11. Recording; Binding Effect; Assignment. This Agreement and any subsequent amendments thereto shall be recorded with the Kitsap County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any subsequent amendments thereto. 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 the GEM 1, and its heirs, personal representatives, successors and assigns and shall benefit the properties described in Appendix B. GEM 1 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, within thirty (30) days of the effective date of GEM 1's conveyance, assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must provide notice to the City of the same. 12. 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 City 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 Agreement merely to create the agreements set forth herein. 13. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party to this Agreement, and a party's successor or assigns, 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 GEM 1 and its successors or assigns. In such event, GEM 1 and its successors or assigns shall hold the City harmless from and defend 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 attorney's fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. GEM 1 and its successors or assigns 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. 14. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default thereof. 15. No Third Party Beneficiaries. Page 10 of 13 This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 16. Applicable Law 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. 17. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. 18. Entire Agreement; Construction. This Agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. 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 accordingly hereby waive the general rule of construction that an agreement shall be construed against its drafter. 19. 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 other available remedy. IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates hereinafter indicated. CITY OF PORT LN Date: GEM 1, LLC Page 11 of 13 uierK By:Mike rnn Its' mGL jH OFePERATIONS Date: GRANITE LAND L;UMrAMT Z2 ILIb STATE OF W. ss. COUNTY OF KITSAP I certify that I know of haves 'sfacl who appeared before me, and said perso c oath stated that he/she was authorized to e of GEM 1, LLC to be purposes mentioned in the instrument. �,QC CA"CrQU aCKnowl"Mgn-1— evidence that is the person fledged that he/she signed this instrument, on e the instrument and acknowledge it as the fee and voluntary act of such party for the SUBSCRIBED AND SWORN to before me this \ day of 20. STATE OF WASHINGTON ss. COUNTY OF KITSAP NOTARY PUB C in and for the State of Washington, resi ihg at My appointment expi s: I certify that I 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 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 day of 20. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Page 12 of 13 Page 13 of 13 CALIFORNIAiACKNOWLEDGMENT �. .•a a n. �._ :� n. »,.». �. ,.» a.,.Ga ..» a.�.ws �,..9a.Ga,.». »e. .» a. m » ».a. � �. a » � a w. State of California County of SaC\QGlh0'QM On 11 2C1 ) 20\0 before me, I�QSIRQ� tfiO1bQR�j , NO)Oj2�( V)uVl is Date t� Here Ireert N M title of the Officer personally appeared m) � m 00-)1 )(2Y) Name(s) of agner(s) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name* is/are'subscribed to the within instrument and acknowledged to me that h%geftt o executed the same in his/tleMWr authorized DESIRES HOLSERC capacity(jas), and that by his/petA,peir signature(s) on the CoMte.k 1893720 instrument the personot, or the entity upon behalf of NO.AN. PUFLIC CAIIFgINIA N which the person(§),acted, executed the instrument. $,CMNFNroY My COMM. E%P, YYNF 27, 20M "� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m/yhand �and �off icial al. Signature Place No Lary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description o ached Document Title or Type of Document . Document Date: Number of Pa Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cot ❑ Other:_ Signer Is Representing: ❑ Individ ❑ Corporate O r — Title(s): ❑ Partner— ❑ Limit ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing -el4'.•� ' '✓S'drd •d •ei .a•✓%ui-vGC✓iC✓G'tiG'vG'vG'✓5(vG'dS'v -o�'✓ v5'✓G's 'ti '✓S'tv '[✓ �✓Co �oS'ei w'e�G'✓G'v -y MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX A NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5, TWP. 23 N., RGE. 1 E., W.M. KITSAP COUNTY WASHINGTOI I I 5 I S 4 .r.j p4` (� r.�a'f.•J II ti �V `v 3= r's• tj• w 9• 0 M / 5 — TPOB 5 4 8 8 9 pL0 POB N I g o° c. q\ Ay9....x� R•: �W .aAa •9 U'� • q. o•s1 x• �o 921 : y� 0 400 800 1600 2400 •, CIse2R44 `T'4L LAND SCALE I" = 8001 G. Goldsmith & Assoclstes, Inc. GEMI L.L.C. JOB NO: 08100 %Hugh 18 Cosaslttog &)&eery • Sunepors • Plassers P.O. Box 3565 TEL 425 462-1080 Bellevue, AA FAX: 425� 4s MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE KITSAP COUNTY WASHINGTON I SCALE: I' =BOO' APR: APR: I BY: GCR BY: KJT PSSF: 04005 1 DATE: 9 8/08 UWG: OBIOOEOI.dw LKNAPP 09/10/08 08:53 M:\ACAD\SURVEY\06\08100\OBIOOEOI.dwg MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX B September 10, 2008 LEGAL DESCRIPTION rMOIA GEM1, L.L.C. MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section 5, Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying North of Old Clifton Road and lying West of the following described line: Beginning at the Southeast corner of said Section 5; Thence N 87002'01" W along the South line of said Section 5 a distance of 835.91 feet; Thence N 5032'11" E a distance of 30.03 feet to the North margin of said Old Clifton Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a point on the arc of a curve, the center of which bears S 84027'49" E; Thence Northerly along the arc of a curve to the right, said curve having a radius of 430.00 feet, through a central angle of 24059'29", a distance of 187.56 feet; Thence N 28000'49" E a distance of 455.92 feet; Thence N 30031'40" E a distance of 1257.51 feet to a point of curve; Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00 feet, through a central angle of 27950'52", a distance of 388.83 feet; Thence N 2040'48" E a distance of 457.96 feet; Thence N 87919'12" W a distance of 10.00 feet to a point on the arc of a curve, the center of which bears S 87019'12" E; Thence Northerly along the arc of a curve to the right, said curve having a radius of 710.00 feet, through a central angle of 9006'48", a distance of 112.93 feet to a point on the East — West centerline of said Section o 4, distant thereon 89.08 feet, S 88052'10" E from the West quarter corner of said Section 4 and the TERMINUS of The herein described q� •' w s `, line. 4. Iry HX�c C7 •�F 4 �' O +1 EXCEPT any portion thereof lying within the Northwest quarter of said Southeast quarter of said Section 5. 08100GEM12414-2010.O.DOC Prepared by: Page 1011 ja GOLDSMITH �M Checked by: MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX C Building Height for McCormick North Phase III Preliminary Plat Per Kitsap County Code Title 17 Zoning: RM Zone — Residential Medium (Converted to R20 per Port Orchard Annexation) I. DEFINITION -BUILDING HEIGHT: 17.110.140 Building height. `Building height' is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. (Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998) H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020 C. Height. Except as provided for in Section 17.382.110(A)(14), height shall be measured from a reference datum to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade. 2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (C)(1) of this section is more than ten feet above lowest grade. 3. The height of a stepped or terraced building is the maximum height of any segment of the building. II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060 17.382.060 Urban Residential Density and Dimensions Table. Urban Low -Density Residential Urban Medium/High- Density Residential UCR IGZ UR UL Um UH Standard (5) (33) (33) (5) (5) (33) C:\Backup 02.14.06Wevelopment Sub Areas\McCormick North\McCormick North Phase III1BIdg Height PH III Pre -Plat Dev Agree (KC Code)120709.doc 12/8/2009 1 is (50) (33) 4 1 1 4 10 Minimum density (du/acre) (18) 19 (19) (18) (19) (19) 9 4 5 9 18 Base/Maximum density (du/acre) 30 (19) (18) (18) (19) (19) None for multi- Minimum lot size (39) 2,400 5,800 5,800 �f. 2,400 family; None s.f. s.f. s s.f. 2,400 s.f. for single-family 0 for multi- 40 family; Lot width (feet) 40 60 60 60 (20) 40 for single- family 0 for multi - family; Lot depth (feet) 60 60 60 60 60 60 for single- family 35 35 35 Maximum height (feet) (40) 35 35 35 (50) (17) (17) Maximum impervious surface coverage NA 40% 50% NA 85% 85% (Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part), 2006) 17.382.110 Footnotes for tables. 17. A greater height may be allowed as set forth below and in accordance with the procedures in Title 21 of this code. Such approval must be consistent with the recommendations of the fire marshal/fire district and compatible with surrounding uses and zones. Such approval shall result in a decrease in building coverage, an increase in public amenities, and/or a more creative or efficient use of land. The maximum building height approved by the director shall not exceed: C:\Backup 02-14-06\Development Sub Areas\McCormick North\McCornick North Phase Ill\Bldg Height PH III Pre -Plat Dev Agree (KC Code) 120709.doc 12/8/2009 2 a. In the UM, NC, and P zones: forty-five feet. b. In the UH, HTC, and RC zones: sixty-five feet. c. In the BP, BC, and IND zones: fifty feet. d. In the mixed use zone: i. Within Silverdale, the maximum height shall be 45 feet; ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet; iii. Along Perry and National Avenues, the maximum height shall be forty-five feet. C:\Backup02-I4-06\DeveIopment Sub Areas\McCormick North\McCorrdck North Phase IIRBldg Height PH III Pre -Plat Dev Agree (KC Code) 120709.doc 12/8/2009 3 is MCCORMICK NORTH PHASE III DEVELOPMENT AGREEMENT -REVISED APPENDIX D th z A O 2 v 9 Z Q YFn m g � z 3 ny D P �K 9 /I ea I I I I ':as>rr WSI9'J' Yl�PJ ,:wO n\ nvrw rwxj MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT -APPENDIX D-1 e MCCORMICKNORTH PHASE III ___, AGREEMENT - REVISED APPENDIX Z� ,/ , | )` \ !� | ` CI / \ Mo (;\ \ � ( m , ): § _ § ;\ )�--- --�=k--- =`c ; A �� ` �C) ) . MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - EXHIBIT 1 �a p i1 aMj �oo�aio� � A+�omov 's mo Armp� f. 2 Z m as n V D n m O-4 mo vW Om —tea v o m >[ ."A I»• Ipe i� ��i �9`v$ ��t 224 8�g 9 �Ifi iPa '=h. 5 31a a 2 D I li'1 � �it i:l '� y �3 f O 0 sl3'I §qi 37 €� ti6 i ��� AgEl spgai431a93i Wn I Al i' E