03/28/2023 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
MarkTrenary (Mayor Pro-Tempore)
E/D & Tourism Committee, Chair
Utilities/Sewer Advisory Committee
Transportation Committee
KRCC-alt
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Transportation Committee
Jay Rosa pepe
Finance Committee,
Land Use Committee
KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol
alt, KRCC Planpol-alt,
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, Chair
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Tony Lang
Public Works Director
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Wallace, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, V Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@portorchardwa.gov
City of Port Orchard Council Meeting Agenda
March 28, 2023
6:30 p.m.
Pursuant to the Open Public Meetings Act, the City Council is conducting its public
meeting in the Council Chambers at City Hall. Members of the public may view and
provide public comment during the meeting in person at City Hall, via the online
platform zoom (link below), or via telephone (number below). The public may also view
the meeting live on the City's YouTube channel.
Remote access
Link: https://us02web.zoom.us/m/84511473037
Zoom Meeting ID: 84511473037
Zoom Call -In: 1 253 215 8782
Guiding Principles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. Please keep your comments respectful and no personal attacks. This is a
comment period and not a question -and -answer session. When recognized by the Mayor, please
state your name for the official record. If you are attending remotely via telephone, enter *9
from your keypad to raise your hand.
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Approving the Purchase of a Valve
Maintenance Trailer for the Equipment Rental & Revolving Fund 500
(Lang) Page 4
5. PRESENTATION
A. Fathoms O Fun 2023 Royalty Court Introduction
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 9.60, Pertaining to Camping
on Public Property and Associated Procedures (Archer) Page 15
B. Adoption of a Resolution Accepting Sanitary Sewer Project #6-5C, the North Sidney Station,
Documenting Certified Constructions Costs, and Establishing the Maximum General Facility Fee Credits
Granted Pursuant to Contract C063-21 (Lang) Page 31
C. Adoption of a Resolution Accepting; Transportation Improvement Program Project #2.5C, Documenting;
Certified Constructions Costs, and Establishing; the Maximum Transportation Impact Fee Credits
Pursuant to Contract C076-21, And accepting a Deed for right of Way (Lang) Page 81
D. Adoption of a Resolution Adopting; Hiring; Personnel Policies Related to the City's Practices (Lund) Page
162
E. Adoption of a Resolution Approving; a Contract with KR Homes, LLC for the Sroufe Water Main
Replacement Protect (Lang) Page 171
F. Adoption of a Resolution Authorizing; the Payment of Reestablishment and Relocation Benefits for
Venture Charters, Inc., for the BaV Street Pedestrian Pathway Protect (Archer) Page 188
G. New National Opioids Settlements (Teva, Allergen, CVS, Walgreens, and Walmart) Regarding In
Re:National Prescription Opiate Litigation, Case No. 1:17-MD-2804, United States District Court
(Archer) Page 215
H. Approval to Accept a Special Event Application and Approval of Road Closure for a Special Event: The
Unforg;otten - Run to Tahoma (Wallace) Page 303
8. DISCUSSION ITEMS (No Action to be Taken)
A. 2022 Annual Impact Fee Report (Bond) Page 315
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
14. CITY COUNCIL GOOD OF THE ORDER
15. ADJOURNMENT
COMMITTEE MEETINGS
Economic Development and Tourism
Utilities
Finance
Transportation
Date & Time Location
April 17, 2023: 9:30am Remote Access
March 28, 2023; S:OOpm Remote Access
April 18, 2023; 5:00pm Remote Access
April 25, 2023; 4:30pm Remote Access
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
March 28, 2023, Meeting Agenda Page 2 of 3
Festival of Chimes & Lights
Land Use
Lodging Tax Advisory
Sewer Advisory
Council Retreat
Outside Agency Committees
April 17, 2023; 3:30pm
........... ,�,
March 29, 2023; 4:30pm
TBD, 2023
TBD, 2023; 5:00pm
April 14, 2023; SIAM
Varies
Remote Access
Remote Access
---------------
Remote Access
Remote Access
Council Chambers\ \^�
Varies
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
March 28, 2023, Meeting Agenda Page 3 of 3
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of a Resolution Approving the
Purchase of a Valve Maintenance Trailer
Back to Agenda
Meeting Date: March 28, 2023
Prepared by: Tony Lang
for the Equipment Rental & Revolving Atty Routing No.
Fund 500 Atty Review Date
Public Works Director
366922-0009 — PW
03/23/2023
Summary: The City identified a need for a valve maintenance trailer to assist staff with preventative
maintenance procedures while conducting the City's water systems valve maintenance program.
Currently, public works employees manually open and close valves as part of this process. This is a time-
consuming and labor-intensive process. The trailer will increase productivity by quickly opening and
closing valves while allowing better ergonomics and safety for staff as they conduct the water system's
valve maintenance. The equipment listed in the proposed resolution is a single -turner valve maintenance
trailer.
The City has an interlocal agreement with National Purchasing Cooperative-BuyBoard (City Contract No.
028-23), which allows the City to utilize the contracts procured by BuyBoard for services and purchases, so
long as the City confirms the contract complies with all applicable statutory procurement requirements for
the purchase or service, per RCW 39.34.030. Consistent with City Contract No. 028-23 and the City's
Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, Public Works staff
identified Wachs Utility Products as an approved vendor for the Valve Maintenance equipment, awarded
via BuyBoard Contract No. 684-22 (BuyBoard Contract). Staff reviewed the procurement process utilized
by BuyBoard for the BuyBoard Contract, confirmed the procurement requirements were met, and
obtained all necessary documentation from BuyBoard and the vendor regarding procurement.
The City's Procurement Policies require City Council approval for purchases costing $35,000 or more.
On February 7, 2023, Public Works staff requested and received a quote from Wachs Utility Products of
$80,765.07 (plus applicable tax and freight), for a total purchase price of $94,194.82.
The proposed Resolution is to provide the City Council's approval of the equipment purchase in
accordance with the procurement procedures established by the City Council.
Recommendation: Staff recommends approving a Resolution, providing City Council approval for the
purchase of a Valve maintenance Trailer in accordance with the City's procurement policies.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Page 4 of 319
Back to Agenda
Motion for consideration: I move to approve a Resolution, approving the purchase of a Valve
Maintenance Trailer.
Fiscal Impact: The Valve Maintenance Trailer is budgeted in the 2023-2024 Budget (GL Code:
500.10.594.34.60)
Alternatives: Do not approve and provide alternative guidance.
Attachment: Resolution
Wachs Quote
Interlocal Agreement Checklist
ER&R Replacement or Addition Purchase Request
Page 5 of 319
RESOLUTION NO. -23 Back to Agenda
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE PURCHASE OF A VALVE MAINTENANCE TRAILER FOR THE EQUIPMENT
RENTAL & REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT
PROCEDURES.
WHEREAS, the City identified a need for a valve maintenance trailer to assist staff with
preventative maintenance procedures while conducting the City's water systems valve
maintenance program; and
WHEREAS, the trailer will increase productivity by quickly opening and closing valves
while allowing better ergonomics and safety for staff as they conduct the water system's valve
maintenance; and
WHEREAS, the City has an interlocal agreement with National Purchasing Cooperative-
BuyBoard (City Contract No. 028-23) which allows the City to utilize the contracts procured by
BuyBoard for services and purchases, so long as the City confirms the contract complies with all
applicable statutory procurement requirements for the purchase or service, per RCW
39.34.030; and
WHEREAS; consistent with City Contract No. 028-23 and the City's Procurement
Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works
Department identified Wachs Utility Products as an approved vendor for the Valve
Maintenance equipment, awarded via BuyBoard Contract No. 684-22 (BuyBoard Contract); and
WHEREAS, Staff reviewed the procurement process utilized by BuyBoard for the
BuyBoard Contract, confirmed the procurement requirements were met, and obtained all
necessary documentation from BuyBoard and the vendor regarding procurement; and
WHEREAS, on February 7, 2023, Public Works staff requested and received a quote for
the Valve Maintenance Trailer from Wachs Utility Products of $80,765.07 (plus applicable tax
and freight), for a total purchase price of $94,194.82; and
WHEREAS, on March 1, 2023, the City's Public Works Department completed the
Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was
consistent with the BuyBoard Contract; and
WHEREAS, the City's Procurement Policies require City Council authorization for
purchasing budgeted items that cost $35,000 or more; and
WHEREAS, the Wachs Utility Products quote, attached as Exhibit A, is for the purchase
of Equipment in an amount that exceeds the $35,000 authorization limit; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described herein
for this purchase by Resolution; now, therefore,
Page 6 of 319
Resolution No. -23
Back to Agenda
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
/_FiY91US91TITI.5
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase from Wachs Utility Products in the
amount of $94,194.82 (applicable tax included). The Mayor or his designee is authorized to take
all actions necessary to effectuate the purchase, consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 281" day of March 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 7 of 319
D"
utilityProducts
600 Knightsbridge Parkway, Lincolnshire, Illinois 60069
Fax(847)520-1147
(847)537-8800 1
Back to A enda
g
The Valve Maintenance Experts'"
turnvatves.com
Page 1 of 1
TO: Tony Lang
Date: 2/7/2023
Port Orchard
Quotation Number: KR191049
216 Prospect St
Payment Terms: Net 30 Days
Port Orchard, WA 98366
Shipping Terms: FOB Origin
Valid Through: 4/8/2023
Estimated Delivery: See Below
Reference: BuyBoard #684-22
E.H. Wachs is pleased to offer the following quotation.
Unit Price Line Total
Item Number Description
Qty U/M (USD) Disc% (USD)
1 77-000-36 Standard LX (Gas) — VMT (RH): Single turner valve maintenance trailer;
1 EA 81,995.00 1.5% 80,765.07
includes Wachs 750 Ft/lb (1020 Nm) Extended Reach Valve operator for
those preventive maintenance activities, telescoping valve key and Wachs
rugged ized TC-100 with GPS controller/datalogger. A 27 HP (20 kW)
gasoline powered Kohler overhead cam air cooled engine provides ample
power for all contained functions, including an auxiliary HTMA Class II circuit;
10 gallon (38 L) reservoir, fan cooled heat exchanger, continuous duty rated
for 8 GPM (30.3 LPM) @ 2,000 PSI (140 bar). A positive displacement blower
provides 500 CFM (14.2 cmm)-11" (280mm) Hg vacuum, with spoils
containment provided by a 250 (950 L) gallon tank with power hydraulic dump
(rear discharge) and latching rear door. Also driven from the common power
train is a 2.5 GPM (9.5 LPM) @ 3000 PSI (210 bar) pressure washer system
with 3 gallon (11.4 L) anti -freeze tank and 95 gallon (360 L) water tank.
Includes 2-1/2" (63.5mm), 1-1/4" (31.75mm) & 7/8" (22mm) suction wands
and one each short and long wash -down guns. The LX package bundles the
service light bar with arrow board, 45' (14 M) auxiliary hydraulic hose reel for
operation of hydraulic power tools & Bluetooth tethering module (installed in
ERV-750) for wireless communication between the exerciser and
Controller/Data Logger and 24" (61cm) X 18" (46cm) x 18" (46cm) aluminum
job box.
Other options available include: Under deck mounted Spare Tire Kit
(77-411-00), 2-5/16" Ball Tongue (77-215-01), 451b Breaker, Mount and 14"
Moil Point (08-000-10, 08-405-00 & 08410-02) or already GPS enabled
controller/datalogger, however adding Trimble R2 GNSS receiver (79-412-02)
provides capability of submeter to centimeter level positioning accuracy
(highest accuracy in real-time with the use of correction sources).
2 SALES TAX Sales Tax 9.3%
1 EA 8,014.75 8,014.75
Subtotal 88,779.82
Motor Freight 5,415.00
Total (USD) $94,194.82
We will prepay and add shipping charges to your order, or we can ship collect via your choice of carrier service. If you have any questions
please feel free to call Chris Damkoehler at 424-304-4937 or call me at 847-484-2773.
If you are tax exempt, please supply your identification number and certificate with your order. If your exempt number is not on file, tax will be
added to your invoice.
Please reference this quote number when placing your order. Thank you
Ken Redding
Technical Service Rep
847-484-2773
ken.redding@ehwachs.com
Sales of E.H. Wachs products and services are expressly limited to and made conditional on acceptance of its current Terms and Conditions of Sale , found at
www.ehwachs.com ("Terms'). Any additional or different terms are hereby rejected. Commencement of work by E.H. Wachs or acceptance of delivery of products by
you constitutes your acceptance of the Terms.
Page 8 of 319
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS Back to Agenda
City Contract No.: CO28-23
Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): National
Purchasing Cooperative-BuyBoard
Item Description:
Sinale turner valve maintenance trailer
Do you have an Interlocal agreement signed with the Contract (host) Agency?
0 If yes, where is it filed: City Clerk
❑ If no, get a mutually signed Agreement in place before you continue.
BuyBoard Contract No.#
684-22
If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Re uired Compliance
Is the Host agency a public agency'?
0 Yes
❑ No
If Yes, what state laws apply to Host Agency:
Maryland
Does the host agency have a requirement
0 Yes
❑ No
Federal and State contract rules usually don't
to run a newspaper ad in their local paper
require a newspaper ad. For others, attach the
and did they comply
ad or place into the file.
Did they list on the public agency's
® Yes
❑ No
If Yes, state when and the address, and proof
website?
of date, address shall be attached or placed into
the file. If No, you cannot use the bid.
Did the bid & award comply with the
® Yes
❑ No
If Yes, obtain documentation to support answer
Host agency's state procurement laws?
from Host Agency. If No, you cannot use the
bid.
1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any
political subdivision of another state
Page 9 of 319
0
Back to Agenda
OR ER&R
Replacement or Addition
Purchase Request
RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or
biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the
extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not
practical for local governments to use electricity or biofuel for police, fire or emergency response
vehicles, including utility vehicles frequently used for emergency response, it is encouraged to
consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use.
Please attach the quote for vehicle / equipment.
Description of item:
Wachs Hydro -Vac Trailer and valve turner
Procurement method:
Cooperative Purchasing- BuyBoard
Department
Water Sewer Storm Street Public Works DCD Police Admin
x
Addition or Replacement
X
Addition to Fleet - Please state business case for addition:
This portable trailer serves as a vacuum trailer and valve turner, in one unit. The city has thousands of valves that need
to be exercised annually and city staff has to perform this task manually. A 16" water valve takes 50 full revolutions by
hand to close, then 50 more to open. Performing this task manually is very time consuming and not ergonomic for staff
especially when valves are old and hard to operate. This machine can accomplish this task in minutes. It also serves as
a valve can vacuum to remove debris that has accumulated at the bottom of the valve can preventing access to the valve
operating nut. A full size vac truck would normally have to be scheduled to clean the valve can prior to exercising the
valve. Both tasks can be accomplished at the same time with this unit and increase operational efficiency of staff. This
trailer can be connected to any medium duty pickup truck.
Replacement Vehicle / Equipment being replaced:
Fleet Standardization
Requested Vehicle / Equipment follows fleet standardization
Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are
not fleet standard and reason for addition.
Page 10 of 319
Back to Agenda
X
Requested Vehicle / Equipment does not have a standard
Cost
$86,086.50
Fleet standard cost
Additional cost for consideration and business case:
CB Radio, licensing, city logo decals- $2,000.00
10% contingency for inflation- $8,608.65
TOTAL $96,695.00
$10,608.50
STANDARDS FOR VEHICLES
Police Department Standard Vehicle
Model
Chassis
Drive Train
Color
Graphics
Accessories
Ford
Sedans
Automatic
Black
City Decal
Lights
SUV
2WD
Vehicle Number
Radios
4WD
Antennas
AWD
Public Works and Planning Standard Truck
Model
Chassis
Cab Size
Drive Train
Color
Graphics
Accessories
Ford
1/2 Ton
Regular
Automatic
White
City Logo
Lights
3/4 Ton
Extended
2WD
Truck Number
Radios
1 Ton
Crew Cab
4WD
Antennas
Tool Boxes
Administration and Planning Standard Vehicle
Tvpe
Chassis
Drive Train
Color
Graphics
Accessories
Electric
Sedans
Automatic
White
City Logo
Lights
Biofuel
SUV
2WD
Vehicle Number
Radios
4WD
Antennas
AWD
I have reviewed the vehicles / equipment listed above and request approval for purchase.
Ct,-, T -
Department Director
3/1 /2023
Date
Page 11 of 319
Approved for purchase by:
_Gretchen Isaksson
Back to Agenda
3/1/2023
ER&R Representative Date
Page 12 of 319
D"
utilityProducts
600 Knightsbridge Parkway, Lincolnshire, Illinois 60069
Fax(847)520-1147
(847)537-8800 1
Back to A enda
g
The Valve Maintenance Experts'"
turnvatves.com
Page 1 of 1
TO: Tony Lang
Date: 2/7/2023
Port Orchard
Quotation Number: KR191049
216 Prospect St
Payment Terms: Net 30 Days
Port Orchard, WA 98366
Shipping Terms: FOB Origin
Valid Through: 4/8/2023
Estimated Delivery: See Below
Reference: BuyBoard #684-22
E.H. Wachs is pleased to offer the following quotation.
Unit Price Line Total
Item Number Description
Qty U/M (USD) Disc% (USD)
1 77-000-36 Standard LX (Gas) — VMT (RH): Single turner valve maintenance trailer;
1 EA 81,995.00 1.5% 80,765.07
includes Wachs 750 Ft/lb (1020 Nm) Extended Reach Valve operator for
those preventive maintenance activities, telescoping valve key and Wachs
rugged ized TC-100 with GPS controller/datalogger. A 27 HP (20 kW)
gasoline powered Kohler overhead cam air cooled engine provides ample
power for all contained functions, including an auxiliary HTMA Class II circuit;
10 gallon (38 L) reservoir, fan cooled heat exchanger, continuous duty rated
for 8 GPM (30.3 LPM) @ 2,000 PSI (140 bar). A positive displacement blower
provides 500 CFM (14.2 cmm)-11" (280mm) Hg vacuum, with spoils
containment provided by a 250 (950 L) gallon tank with power hydraulic dump
(rear discharge) and latching rear door. Also driven from the common power
train is a 2.5 GPM (9.5 LPM) @ 3000 PSI (210 bar) pressure washer system
with 3 gallon (11.4 L) anti -freeze tank and 95 gallon (360 L) water tank.
Includes 2-1/2" (63.5mm), 1-1/4" (31.75mm) & 7/8" (22mm) suction wands
and one each short and long wash -down guns. The LX package bundles the
service light bar with arrow board, 45' (14 M) auxiliary hydraulic hose reel for
operation of hydraulic power tools & Bluetooth tethering module (installed in
ERV-750) for wireless communication between the exerciser and
Controller/Data Logger and 24" (61cm) X 18" (46cm) x 18" (46cm) aluminum
job box.
Other options available include: Under deck mounted Spare Tire Kit
(77-411-00), 2-5/16" Ball Tongue (77-215-01), 451b Breaker, Mount and 14"
Moil Point (08-000-10, 08-405-00 & 08410-02) or already GPS enabled
controller/datalogger, however adding Trimble R2 GNSS receiver (79-412-02)
provides capability of submeter to centimeter level positioning accuracy
(highest accuracy in real-time with the use of correction sources).
2 SALES TAX Sales Tax 9.3%
1 EA 8,014.75 8,014.75
Subtotal 88,779.82
Motor Freight 5,415.00
Total (USD) $94,194.82
We will prepay and add shipping charges to your order, or we can ship collect via your choice of carrier service. If you have any questions
please feel free to call Chris Damkoehler at 424-304-4937 or call me at 847-484-2773.
If you are tax exempt, please supply your identification number and certificate with your order. If your exempt number is not on file, tax will be
added to your invoice.
Please reference this quote number when placing your order. Thank you
Ken Redding
Technical Service Rep
847-484-2773
ken.redding@ehwachs.com
Sales of E.H. Wachs products and services are expressly limited to and made conditional on acceptance of its current Terms and Conditions of Sale , found at
www.ehwachs.com ("Terms'). Any additional or different terms are hereby rejected. Commencement of work by E.H. Wachs or acceptance of delivery of products by
you constitutes your acceptance of the Terms.
Page 13 of 319
i Utility Products
A Division of 11TBF
The Valve Maintenance Experts—
�44%
�'�valve
MnINTFNANfF
The Standard LX, an E.H. Wachs exclusive valve maintenance trailer,
comes with our industry -leading ERV-750 extended reach valve exerciser,
our newest controller — the HC-100 wireless handheld computer /
controller/ datalogger with GPS and Vitals software. Also equipped with
the powerful 500CFM-11 in HG vacuum with hydraulic slide, tilt & dump
(rear discharge) with latching rear door spoils tank. Loaded with storage
and accessories this trailer is ready for serious valve maintenance work.
FEATURES
• 2700 of motion,13ft total extended reach, 750 ft/lbs ERV-750 valve exerciser
• Ruggedized HC 100 controller/data logger with built in GPS
• Available in two types of engines:
Diesel: Tier 4F compliant Kubota 1.1 L,1-3 4-stroke, liquid cooled IDI. #77-000-38
Gas: 27HP Kohler overhead cam, air cooled, #77-000-36
• HTMA Class II circuit,10 gal reservoir, fan cooled heat exchanger, 8gpm@2000psi
• Positive displacement blower provides 500 CFM-11in Hg vacuum
• 250 gal spoils tank utilizing exclusive hydraulic slide, tilt &
dump (rear discharge) with latching rear door
• 2.5 GPM@3000 psi pressure washer system with 95 gallon water tank
INCLUDES
• 21/2in, 11/4in & 7/8in suction wands
• Short wash down gun
• Long hydro excavation gun
• 20ft suction hose
• 50ft retractable water hose reel
SPECIFICATIONS
• Gross Vehicle Weight: 7000 lb (3175 kg)
• Length:15 ft, Height: 7 ft, Width: 71/2 ft
LX PACKAGE BUNDLE
• LED work light & arrow board bar
• 45in auxiliary hydraulic hose reel
• Bluetooth connectivity
• Job box
*Images shown with LX options
i
Back to Agenda
o
Designed for ease of use, the Standard LX
rear -mounted spoils tank gets the job done
2.5GPM@3000 psi pressure washer with
95 gallon water tank makes clean-up easy
WACHS UTILITY PRODUCTS
600 Knightsbridge Parkwa$@ig@oli4tAi tAlL%0069 +1 (847) 537-8800
www.turnvalves.com
February 07, 2018
�� City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366 Back to Agenda
(360) 876-4407 e FAX (360) 895-9029
Agenda Item No.: Business Item 7A
Agenda Staff Report
Subject: Adoption of an Ordinance Amending Port
Orchard Municipal Code Chapter 9.60,
Meeting Date: March 28, 2023
Prepared by: Charlotte Archer
Pertaining to Camping on Public Property Atty Routing No
and Associated Procedures Atty Review Date
City Attorney
366922-0009 — PW
N/A
Summary: Pursuant to Port Orchard Municipal Code (POMC) 6.04.090, 9.60.130, 9.30.020, 10.12
and 12.24.030, the City regulates the use of public property that is open (parks, etc.) and closed
(utility facilities, unopened right of way) to public. Staff was tasked to develop uniform procedures,
in conjunction with existing applicable City and departmental procedures, to implement existing
codified regulations to balance the public health and safety concerns of neighborhood residents as
well as people experiencing homelessness. The procedures call for the removal unauthorized
encampments and associated garbage and debris from public property and, where applicable,
temporarily storing personal property in a manner that is consistent with local, state and federal
laws.
The procedures were presented to the Council in September 2022, and implemented by staff in the
winter of 2022/23. Based on issued identified during implementation, as well as recent case law on
these topics, staff worked to update the procedures and briefed the Council on the proposed
modifications to procedure at the City Council Work Study Session on March 21, 2023. By this
ordinance the Council would acknowledge the procedures, as modified, to provide guidance to
staff in this area.
In addition to modifications to the procedures, staff identified recommended modifications to the
Port Orchard Municipal Code to redress changes in the law and to provide code enforcement with
an additional tool to preserve public health and safety when encampments arise on public property
(other than parks). This ordinance would amend Chapter 9.60, Camping Prohibited [on public
property] to: (1) clarify that, before enforcement of the City's bar on camping in public spaces may
occur, the person in violation of the regulation must be offered shelter within the City of Port
Orchard; and (2) clarify that the prohibition on camping applies to other forms of public property
(beyond just parks) where the formation of an encampment creates a public health and safety
hazard for the occupants of the encampment and the general public, such as utilities properties.
Although existing regulations barring the maintenance of a nuisance dumping of trash/debris on
public property apply in these areas, clarifying that the formation of an encampment is also
prohibited will provide code enforcement with an additional tool in this area.
Relationship to Comprehensive Plan: Chapter 4 - Parks
Page 15 of 319
Recommendation: Staff recommends Council adopt an Ordinance amendin€ Back to Agenda
response to recent case law and to provide additional tools to staff, and acknowledging the
procedures the City intends to utilize to implement existing regulations set out in the POMC.
Motion for Consideration: I move to adopt an Ordinance amending POMC Chapter 9.60 and
acknowledging procedures to implement these amendments and existing regulations pertaining to
unlawful conduct on public property.
Fiscal Impact: There will be a cost to the City for the necessary shelter to house persons enforced
under these regulations; that cost is dependent upon the volume of enforcement
actions. The Mayor has negotiated a contract with a local motel to provide these
services and this contract is forthcoming.
Alternatives: Do not adopt the ordinance and provide alternative guidance.
Attachments: Ordinance
Tracked Changes showing amendments to POMC 9.60
Exhibit A to Ordinance — Procedures Pertaining to Unlawful Trespass/Camping on
Public Property
Page 16 of 319
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO UNLAWFUL CAMPING; AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 9.60, SECTION 9.60.010
AND SECTION 9.60.130; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City regulates the act of camping on public property to ensure that
camping occurs in a method that avoids dangerous public health and safety conditions for the
camper, natural environment, and adjacent residents; and
WHEREAS, the City is authorized through its police powers to regulate the use of public
property and, as a steward of public property, the City must balance the public's use of these
spaces for their intended purposes and the fragility of the natural resources and environmentally
sensitive areas; and
WHEREAS, the City has experienced an increase in unlawful dumping on public property
other than in designated parks, including critical areas and near utility facilities; and
WHEREAS, the City prohibits trespass on public property, and maintains prohibitions on
overnight camping on public park property as well as illegal dumping or storage of items on all
public property and a bar on public urination/defecation on all public property; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
amend the municipal code to clarify the City's existing regulations; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. The Title of Chapter 9.60 is hereby amended to read as
follows:
Chapter 9.60
PARK AND PUBLIC PROPERTY RULES
SECTION 2. Amendment. POMC 9.60.010 is hereby amended in part to read as follows:
9.60.010 Definitions
Whenever used in this chapter, the following terms shall be defined as follows:
Page 17 of 319
Ordinance No.
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"Motor vehicle" means a self-propelled device capable of being moved upon a street and
in which persons or property may be transported, and shall include, but shall not be limited to,
automobiles, trucks, motorcycles, motor scooters, recreational vehicles, utility vehicles, vans,
and jeeps or similar type four -wheel -drive vehicles, but shall exclude motorized wheelchairs.
"Nonresidential public property" means any street, sidewalk, city park, public park, or any
other open area where the city or other governmental agency has a property interest, to include
easements. "Nonresidential public property" does not include houses, apartments, or other fixed
residential living quarters owned or leased by the city.
"Park" is a park, playground, beach, activity center, recreation center, or any other area
in the city owned by or under the management and control of the city and devoted to active or
passive recreation for the general public. "Park" also includes all bodies of water located within
parks, tidelands, and parking areas associated with parks.
SECTION 3. Amendment. POMC 9.60.130 is hereby amended to read as follows:
9.60.130 Camping prohibited.
(1) It is a violation of this chapter to camp in any park or on nonresidential public property,
except in places set aside for such purposes and posted for such purposes by the director or
designee, or by permit issued by the director or designee.
(2) A person is guilty of unlawful camping if he or she uses park property or nonresidential
public property, as defined in this chapter, as a temporary or permanent place of dwelling,
lodging, residence, or living accommodation.
(3) Indicia of camping include but are not limited to: tent or other temporary shelter,
including use of RV, van, or trailer, bedding, storage of personal belongings, and use or storage
of cooking equipment.
(4) Unlawful camping is a misdemeanor.
(5) A person is not guilty of unlawful camping if, at the time the person is on public
property, there is no available overnight shelter. "Available overnight shelter" means a public or
private shelter, with available overnight space, open to individuals experiencing homelessness,
at no charge, located within the City of Port Orchard. If the person is unable to utilize an available
overnight shelter due to voluntary actions such as intoxication, drug use, unruly or assaultive
behavior, or violation of shelter rules, the overnight shelter space shall still be considered
available for the purposes of this section.
SECTION 4. Authorization. The Mayor should implement procedures to enforce
Page 18 of 319
Ordinance No.
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existing regulations pertaining to unlawful trespass and dumping on public property that cause
environmental damage and pose public health and safety concerns. The Council acknowledges
the procedure manual attached hereto as Exhibit A and incorporated herein by this reference for
this purpose, subject to modification by the Mayor where consistent with the Port Orchard
Municipal Code and existing regulations.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 6. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 7. Savings Clause. Those portions of the Port Orchard Municipal Code which
are amended by this ordinance shall remain in force and effect as set out prior to this ordinance
until the effective date of this ordinance. Such amendments shall not be construed as affecting
any existing right acquired under the laws repealed, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 281" day of March 2023.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 19 of 319
Ordinance No.
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Tracked Version:
Chapter 9.60
PARK AND PUBLIC PROPERTY RULES
9.60.010 Definitions.
Whenever used in this chapter, the following terms shall be defined as follows:
"Air or gas weapon" means any air pistol or air rifle, designed to propel a BB, brass BB, pellet,
paint ball or other projectile by the discharge of compressed air, carbon dioxide or other gas.
"Alcoholic beverages" or "liquor" includes the four varieties of liquor defined as alcohol, spirits,
wine, and beer; all fermented, spirituous, vinous, or malt liquor; and all other intoxicating
beverages; and every liquor, solid or semisolid or other substance, patented or not, containing
alcohol, spirits, wine, or beer. A liquor, semisolid, solid, or other substance that contains more
than one percent alcohol by weight is conclusively deemed to be intoxicating.
"Boat" or "watercraft" means any floating vessel whether propelled or not.
"Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of
remaining overnight, or parking a trailer, camper, RV, van, or other vehicle for the purpose of
remaining overnight. Indicia of camping include but are not limited to: tents or other temporary
shelters, bedding, storage of personal belongings, and use or storage of cooking equipment.
"Director" means the public works director.
"Facility" or "facilities" means a park building, park structure, or park area operated by the city.
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder.
"Motor vehicle" means a self-propelled device capable of being moved upon a street and in
which persons or property may be transported, and shall include, but shall not be limited to,
automobiles, trucks, motorcycles, motor scooters, recreational vehicles, utility vehicles, vans,
and jeeps or similar type four -wheel -drive vehicles, but shall exclude motorized wheelchairs.
"Nonresidential public property" means any street, sidewalk, city park, public park, or any other
open area where the city or other governmental agency has a property interest, to include
easements. "Nonresidential public property" does not include houses, apartments, or other fixed
residential living quarters owned or leased by the city.
Page 20 of 319
Ordinance No.
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"Park" is a park, playground, beach, activity center, recreation center, or any other area in the
city owned by or under the management and control of the city and devoted to active or
passive recreation for the general public. "Park" also includes all bodies of water located within
parks, tidelands, and parking areas associated with parks.
"Person" means all natural persons, firms, partnerships, corporations, clubs and all associations
or combinations of persons whenever acting for themselves or by an agent, servant or
employee.
"Projectile weapon" means a weapon that is designed for the purpose of launching projectiles
without the use of compressed air or gunpowder. Projectile weapons include bows, crossbows,
and slingshots. For the purposes of this chapter, projectile weapons do not include anything
meeting the definition of "firearm."
"Trail" means any path or track designed for use by pedestrians, bicycles, or equestrians; and
which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar
substance, so designed as to permit its use by standard passenger automobiles, or other right-
of-way specifically designated and posted for nonvehicular use.
9.60.130 Camping prohibited.
(1) It is a violation of this chapter to camp in any park or on nonresidential public property,
except in places set aside for such purposes and posted for such purposes by the director or
designee, or by permit issued by the director or designee.
(2) A person is guilty of unlawful camping if he or she uses park property or on nonresidential
public property, as defined in this chapter, as a temporary or permanent place of dwelling,
lodging, residence, or living accommodation.
(3) Indicia of camping include but are not limited to: tent or other temporary shelter, including
use of RV, van, or trailer, bedding, storage of personal belongings, and use or storage of cooking
equipment.
(4) Unlawful camping is a misdemeanor.
(5) A person is not guilty of unlawful camping if, at the time the person is on public property,
there is no available overnight shelter. "Available overnight shelter" means a public or private
shelter or accommodation, with available overnight space, open to individuals experiencing
homelessness, at no charge to the person that is located within the City of Port Orchard. If the
person is unable to utilize an available overnight shelter due to voluntary actions such as
intoxication, drug use, unruly or assaultive behavior, or violation of shelter rules, the overnight
shelter space shall still be considered available for the purposes of this section. (Ord. 035-21 §
9; Ord. 004-15 § 1).
Page 21 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o..,.-}_•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
Purpose: The City of Port Orchard has received complaints from residents of Port Orchard regarding
the illegal dumping of junk, garbage or debris in conjunction with active and abandoned unauthorized
encampments on public property including roadsides, open streets and greenbelts. Illegal dumping and
unauthorized camping may impact the community by affecting public health, safety, land values, quality
of life, and the environment. The City prohibits illegal dumping of junk, garbage and debris on public
property as a threat to the public safety and health. Similarly, unauthorized camping on public property
creates environmental hazards and quality -of -life issues for adjacent neighborhood residents, as well
as for the encampment residents themselves.
The City desires to adopt uniform procedures, in conjunction with existing applicable City and
departmental procedures, to implement existing codified regulations, which balance the public health
and safety concerns of neighborhood residents as well as people experiencing homelessness. These
were prepared by staff to establish uniform procedures for removing unauthorized encampments and
associated junk, garbage or debris from City of Port Orchard property and, where applicable,
temporarily storing personal property in a manner that is consistent with local, state and federal laws.
Applicable Authorities: These procedures are intended to implement the following regulations
adopted by the Port Orchard City Council:
Port Orchard Municipal Code (POMC) 6.04.090 — Burning or dumping — Generally.
POMC 9.60.130 — Camping prohibited.
POMC 9.30.020 (18) — Nuisance, Obstructing pedestrian or vehicle access
POMC 9.30.020 (14) — Nuisance, Junk vehicles
POMC Chapter 10.12 — Parking, Standing and Stopping
POMC 12.24.030 (1) — Street use permit, nuisance
Definitions: These definitions, consistent with the above authorities, apply to these procedures:
"Abandoned or Unauthorized vehicle" means a vehicle that is subject to impoundment after being left
unattended on public property, as set out in POMC 10.12.440.
"Encampment" means two or more tent(s), structure(s), or assembly of camping equipment or personal
property located in an identifiable area within the City of Port Orchard which appears to a reasonable
person as being used for camping. Active encampments do not include sites a reasonable person
would conclude are no longer in use for camping because remaining materials are garbage, debris, or
waste.
"Emergency Housing" means temporary indoor accommodations for individuals or families who are
homeless or at imminent risk of becoming homeless, including but not limited to an emergency shelter,
rental, hotel or motel, located within the City of Port Orchard.
Page 22 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o_���-�•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
"Hazard" means any discarded, useless, unwanted, or abandoned substances, including but not limited
to chemicals, pesticides, or any residues or containers of such substances which are disposed of in
such quantity or concentration as to pose a present or potential hazard to human health, wildlife, or the
environment.
"Immediate hazard' means the dumping of junk, garbage or debris that creates a risk of serious injury
or death to others, including but not limited to items left on roadways, shoulders and other areas
exposed to moving vehicles, and landslide -prone areas.
"Obstruction" means personal property, garbage, debris or other objects that are: in a City park or on a
public sidewalk; interfere with the pedestrian or transportation purposes of public rights -of -way; or
interfere with areas that are necessary for or essential to the intended use of a public property or facility.
"Junk" and "garbage" means all putrescible and nonputrescible solid and semisolid wastes including,
but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and
construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
"Personal property' means an item that: is reasonably recognizable as belonging to a person; has
apparent utility in its present condition and circumstances; and is not hazardous. Examples of personal
property include but are not limited to identification, personal papers and documents, tents, bicycles,
radios and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry,
crutches, and wheelchairs. Personal property does not include building materials such as wood
products, metal, pallets, or rigid plastic. The relevant staff member will determine whether an item is
personal property, and in cases when the status of an item cannot reasonably be determined in the
staff member's judgment based on the totality of the circumstances, the staff member will treat the item
as personal property under these procedures.
"Public Health and Human Services Partners" means the Kitsap County HEART Program Coordinator,
Kitsap Community Resources, Housing Kitsap, and similar agencies that operate within the City to
provide health and human services for the unhoused residents.
"Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or travel
use that has its own motive power or is mounted on or towed by another vehicle. The units include
travel trailers, fifth -wheel trailers, folding camping trailers, truck campers, and motor homes.
"Street" means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place
in the city that is publicly owned or maintained for public vehicular travel.
"Vehicle" means the same as such is defined in RCW 46.04.670.
Exclusions from Procedures: These procedures do not apply to the following situations:
1. These procedures do not apply to the illegal dumping of junk, garbage or debris or vehicles on
private property owned by the reporting party, or property owned by an institutional or public
agency other than the City.
Page 23 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o_���-�•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
If a reporting party notifies an employee that they have been the victim of illegal dumping on
private property owned by the reporting party, the employee should:
• Advise the reporting party to contact 911 if they believe the situation creates an immediate
danger to life, health, or the environment.
• If the reporting party states the condition does not create an immediate danger, the employee
should refer the reporting party to a list of resources available on the City's website and to
the Kitsap Public Health District (the district maintains vouchers for the disposal of illegally
dumped solid waste).
2. These procedures do not apply to illegal dumping of junk, garbage or debris or vehicles or illegal
camping reported by a resident on private property that the reporting party does not own/lease,
the employee should direct the reporting party to contact the City's Code Enforcement Officer.
This matter is handled pursuant to Community Development Departmental procedures as an
open enforcement case, on a resources -available basis. A site inspection, with the property
owner's permission, may occur in conjunction with representatives of the Police Department
and/or Public Works Department, as appropriate.
3. This policy does not apply to the illegal dumping of junk, garbage or debris on public property
that is not associated with an active encampment, which are collected and disposed of by Public
Works Department in accordance with Public Works Department Departmental procedures.
Procedures:
1. Abandoned Personal Property: Consistent with the above referenced authorities, staff will utilize
the following procedures (in conjunction with applicable City and departmental procedures) to
respond to the dumping of personal property in the right of way or on City -owned property.
1.1. Upon receipt of a report of illegal dumping of personal property on City -owned property or street,
the reporting party should be directed to the Public Works Department for investigation of the
report, in conjunction with the Police Department.'
1.1.1. If there are no signs of an active encampment but personal property is present, Public
Works Department may dispose of all junk, garbage and waste.
1.1.1.1. Public Works Department may separately collect personal property and store for
seventy-two (72) hours. During the seventy-two (72) hours, Public Works Department
will contact the Police Department. If an owner for the personal property can be
located, the City will attempt to connect the owner to the personal property. If no owner
can be located or the owner does not collect the items within seventy-two (72) hours
1 Public Works and Police may establish a routine (quarterly) meeting to discuss potential encampment sites and any hazards posed
by the potential encampment site to city employees. This conference should occur prior to the site inspection, if feasible.
Page 24 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o_���-�•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
from the date the items were collected, Public Works Department may dispose of the
personal property, in accordance with department policy.
1.1.2. If there are signs of an active encampment, Public Works Department should refer the
report to the Code Enforcement Officer. See procedures for Camping/Encampment.
2. Unlawfully Parked Vehicles/Recreational Vehicles: Consistent with the above referenced
authorities, Staff will utilize the following procedure (in conjunction with applicable City and
departmental procedures) for responding to the unlawful dumping of vehicles, including
Recreational Vehicles (RVs) or campers, in the right of way or on City -owned property:
2.1.Opened Right of Way. Upon receipt of a report of an abandoned or inoperable vehicle, including
a Recreational Vehicle (RV) or camper, and associated dumping of junk, garbage or debris on
an opened street, the report should be directed to the parking enforcement officer who will
evaluate the situation for violations of the City's parking code. Parking Enforcement may issue
citations in accordance with the POMC and Department procedures.
2.1.1. If the abandoned or inoperable vehicle is abandoned and there are no signs of habitation,
after issuance of citations, the parking enforcement officer should: (1) contact Public
Works Department for collection and disposal of all junk, garbage or debris surrounding
the vehicle; and (2) contact the Police Department for impound of the vehicle, pursuant
to Police Department procedures.
2.1.1.1. If it is unclear whether the vehicle is being used for habitation, the parking
enforcement officer in conjunction with Public Health and Human Services Partners
should supply information regarding available public services to the occupants of the
vehicle and should contact the Police Department for follow-up.
2.1.2. If the abandoned or inoperable vehicle shows signs of habitation, the parking enforcement
officer should supply information regarding available public services to the occupants of
the vehicle in conjunction with issued citations. After the issuance of citations, the parking
enforcement officer should contact the Police Department for impound of the vehicle,
pursuant to Police Department procedures.
2.1.2.1. The Police Department should attempt to contact the owner(s) and/or occupants of
the vehicle and provide information regarding available public services. If no contact
occurs after multiple attempts, the Police Department may have the vehicle
impounded, pursuant to Police Department procedures. Information identifying
available public services or emergency housing shall be provided to the owner(s)
and/or occupants and/or affixed to the vehicle at least twenty-four (24) hours prior to
the scheduled impound.
2.1.2.2. Staff should contact Public Works Department for collection and disposal of all junk,
garbage or debris surrounding the vehicle at the time of impound. If the volume of
junk, garbage or debris exceeds the capacity of Public Works Department, staff
should contact the City's on -call waste disposal contractor. If the contents include
Page 25 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o_���-�•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
hazardous materials, staff should contact Kitsap Public Health and/or South Kitsap
Fire and Rescue.
2.2. City -owned Property Other than Right of Way. Upon receipt of a report of an abandoned vehicle,
including a Recreational Vehicle (RV) or camper, and associated dumping of junk, garbage or
debris on City -owned property other than an opened street, the report should be directed to the
Code Enforcement Officer who will evaluate the situation for violations of the City's municipal
code.
2.2.1. If the vehicle is abandoned and there are no signs of habitation, after issuance of citations,
the Code Enforcement Officer should: (1) contact Public Works Department for collection
and disposal of all junk, garbage or debris surrounding the vehicle; and (2) contact the
Police Department for impound of the vehicle, pursuant to Police Department procedures.
2.2.1.1. If it is unclear whether the vehicle is being used for habitation, the Code
Enforcement Officer should supply information regarding available public services to
the occupants of the vehicle and should contact the Police Department for follow-up.
2.2.1.2. The Police Department should attempt to contact the owner(s) and/or occupants of
the vehicle and provide information regarding available public services. The Police
Department may then have the vehicle impounded, pursuant to Police Department
procedures.
2.2.1.3. Information identifying available public services shall be provided to the owner(s)
and/or occupants and/or affixed to the vehicle at least twenty-four (24) hours prior to
the scheduled impound, including referral to available shelter.
2.2.1.4. Staff should contact Public Works Department for collection and disposal of all junk,
garbage or debris surrounding the vehicle at the time of impound. If the volume of
junk, garbage or debris exceeds the capacity of Public Works Department, staff
should contact the City's on -call waste disposal contractor. If the contents include
hazardous materials, staff should contact Kitsap Public Health and/or South Kitsap
Fire and Rescue.
3. Unlawful Camping/Encampments: Consistent with the above referenced authorities, Staff will
utilize the following procedure (in conjunction with applicable City and departmental procedures) for
responding to a report of unlawful camping on City -owned property.
Upon receipt of a report of unlawful camping and associated dumping of junk, garbage or debris on
City -owned property, the report should be directed to the Public Works Department. In conjunction with
the Police Department,2 Public Works Department will conduct an initial evaluation of the report. See
attached Initial Site Evaluation Form.
3.1. Emergency Clean-up: If a vacant active encampment presents an emergency and imminent
hazard to public health and safety (as determined in consultation with the City Attorney), the
z Public Works and Police may establish a routine (quarterly) meeting to discuss potential encampment sites and any hazards posed
by the potential encampment site to city employees. This conference should occur prior to the site inspection, if feasible.
Page 26 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Publir• ��^^^�*••
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
Public Works Department should post a Notice of Emergency Order to Vacate and remove
items present. Junk, garbage, and waste may be disposed of in accordance with department
policies. Personal property should be stored for no less than sixty (60) days, and staff should
attempt to contact the personal property's owners during that time.
3.2.Abandoned Encampment: If the site is vacant and does not contain: (1) evidence of an active
encampment; or (2) personal property, Public Works Department may immediately dispose of
the dumped materials pursuant to department procedures. If the volume of junk, garbage or
debris exceeds the capacity of Public Works Department, staff should contact the City's on -call
waste disposal contractor. If the contents include hazardous materials, staff should contact
Kitsap Public Health and/or South Kitsap Fire and Rescue.
3.2.1. If the site is vacant and there are no signs of an active encampment, but personal property
is present, Public Works Department should refer to procedure for Abandoned Personal
Property.
3.3.Occupied Encampment: An encampment is considered "occupied" if staff observes evidence of
an active encampment, including people, recently used items, food, etc., or there is collateral
evidence confirming the encampment is occupied (such as information from Public Health and
Human Services Partners. An encampment may be considered "occupied" even if there are no
people present at the time of staff's inspection of the encampment.
3.3.1. In conjunction with Public Works Department, Police Department, clean-up vendors (if
any) and Public Health and Human Services Partners, the Code Enforcement Officer
should schedule an encampment clean-up date. If, in the opinion of the Public Works
Director or designee, the size and scope of the encampment exceed the capacity of the
Public Works Department, the City's on -call clean-up vendor should be contacted.
3.3.1.1. Prior to the scheduled clean-up, the Code Enforcement Officer should facilitate an
initial evaluation meeting with all participating departments and partners to
determine if the occupants of the encampment are known, so as to better facilitate
access to services and an expeditious clean-up.
3.3.1.2. The Code Enforcement Officer should reach out to Public Health and Human
Services Partners to coordinate outreach to encampment occupants to provide
available services, with the goal that outreach occur early in the process and with
some frequency.
3.3.2. Noticing: The Code Enforcement Officer is tasked with preparing all notices required
under this policy. Notices should be posted in publicly visible and noticeable location at
the encampment and may also be affixed to all tents/structures present on the property.
If needed, posting should be coordinated with the Public Works Department and Police
Department. Notices should include information directing those present to available
services.
Page 27 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Public o_���-�•
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
3.3.2.1. Once scheduled, the Code Enforcement Officer should prepare and post an initial
notice of clean-up. The Notice shall provide at least fourteen (14) days advance
notice of the clean-up.
3.3.2.2. The Code Enforcement Officer should prepare and post a second notice of clean-
up. The second notice of scheduled clean-up shall be posted at least seven (7) days
prior to the clean-up and should meet the criteria of the first notice.
3.3.2.3. The Code Enforcement Officer should prepare and post a twenty-four (24) hour
notice immediately prior to the clean-up. During that posting, the Code Enforcement
Officer should provide information regarding Emergency Housing to those present.
3.3.3. Clean-up Event: The Code Enforcement Officer, Public Works Department, and Police
Department, in conjunction with Public Health And Human Services Partners and any on -
call remediation vendors shall perform the camp/encampment clean-up on the date
scheduled. The clean-up should include the following:
3.3.3.1. If available, Public Health And Human Services Partners should be offered the
opportunity to perform outreach to the occupants of the encampment immediately
prior to the clean-up event (same day as clean-up).
3.3.3.2. All remaining occupants should be notified by uniformed members of the Police
Department of the need to vacate. Officers should offer Emergency Housing and
transport to those present.
3.3.3.3. Once the site is vacant of all occupants, junk, garbage and waste may be disposed
of. Personal property should be collected by the Public Works Department and/or
on -call vendors. and stored for no less than sixty (60) days, and staff should attempt
to contact the personal property's owners during that time.
3.3.3.4. Following the clean-up event, the Police Department and Public Works Department
may utilize methods to limit the re-establishment of camping/the encampment,
including fencing, trimming of vegetation, etc.
Page 28 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Publir• ��^^^�*••
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
INITIAL SITE INSPECTION REPORT
FOR UNLAWFUL CAMPING AND ASSOCIATED DUMPING
Date of Report:
Report Received By:
Report Received From:
Location of Reported Dumping/Unauthorized Encampment:
Site Inspection Conducted On:
Location of Site Inspection in relation to location of dumping/unauthorized encampment
Observed Conditions (check all that apply):
❑ Signs of habitation, including one or more tent, structure, or assembly of camping equipment.
o If yes, is the tent/structure secured? Yes/No
❑ Personal Property
❑ Garbage, rubbish, or ashes,
❑ Industrial wastes, swill, sewage sludge,
❑ Demolition and construction wastes
❑ Abandoned vehicles or parts thereof (if yes, copy of report to Parking Enforcement)
❑ Human waste or hazardous materials/fluids
Are there people present? Yes/No
• If yes, how many people were observed:
Page 29 of 319
City of Port Orchard
Procedures for Response to Unauthorized Trespassing/Camping on Publir• ��^^^�*••
See Ordinance No. -23, adopted March 28, 2023 Back to Agenda
NOTICE TO VACATE
UNAUTHORIZED ENCAMPMENT
All occupants are hereby ordered to vacate the unauthorized encampment at address/location:
(the "Property")
Pursuant to Port Orchard Municipal Code (POMC) 9.30.060 and POMC 6.04.090, you are ordered to
vacate the above publicly -owned land, as the POMC prohibits:
❑ Storage of personal property in a park, right of way or any publicly owned parking lot or publicly
owned area
❑ Vehicle habitation for a period of more than 24 hours in a park, right of way or any publicly owned
parking lot or publicly owned area
❑ POMC 6.04.090 Burning or dumping — Generally.
❑ POMC 9.60.130 Camping prohibited.
❑ POMC 9.30.020 (18) — Nuisance, Obstructing pedestrian or vehicle access
❑ POMC 9.30.020 (14) — Nuisance, Junk vehicles
❑ POMC 12.24.030 (1) — Street use permit, nuisance
You are hereby provided notice that any continued violation(s) may result in the issuance of civil
infraction(s), and/or notice of criminal trespass, as well as the disposal of all junk, garbage and debris
present at the Property, removal of all personal property at the Property, and impounding of your vehicle
(if any).
You are ordered to comply as follows:
❑ You have hours to vacate and remove all property, including your personal property and/or
vehicle
❑ You must immediately vacate due to the following imminent safety concerns:
Shelter services are available by contacting:
I acknowledge and represent that I have read the foregoing.
Signed this _ day of , 2022 at
Signature:
Printed Name:
Date/time of posting:
Location of Notice posted:
Washington.
Posting Official:
Page 30 of 319
�_. City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
n `IN.
hi -1 (360) 876-4407 • FAX (360) 895-9029
_mumm m.
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date:
Subject: Adoption of a Resolution Accepting Prepared by:
Sanitary Sewer Project #6-5C, the North
Sidney Station, Documenting Certified
Constructions Costs, and Establishing the
Maximum General Facility Fee Credits
Granted Pursuant to Contract C063-21
Atty Routing No
Atty Review Date
Back to Agenda
March 28, 2023
Tony Lang
Public Works Director
366922-0009 — PW
03/23/2023
Summary: On June 9, 2021, the City and Sidney Road Apartments, LLC entered into a Sewer General
Facility Fee (GFF) Credit agreement for sewer system improvements identified as Contract C063-21.
This agreement required the construction of the North Sidney Lift Station and provided a framework to
grant GFF credits to Sidney Road Apartments, LLC. Sidney Road Apartments, LLC has completed the
construction of the North Sidney Lift Station identified as Sewer CIP Project #6-5C in the agreement.
The developers project proposed to use 30% of this project and was therefore limited to a credit of
70% of $2,500,000 or $1,750,000. Contract C063-21, Section 10 stipulates that Sidney Road
Apartments, LLC would receive credit equal to the lesser of the following: the Sewer Facility Fee
Method ($1,750,000), the certified project cost, or the total GFF owed by the developer ($1,841,400).
On February 10, 2022, the City received certified construction cost documentation from Sidney Road
Apartments, LLC, for CIP Project #6-5C showing total expenditures of $3,079,122. The city engineer
reviewed these certified construction costs and ultimately approved a lesser certified construction cost
of $3,076,122. the engineers cost estimate for the project less the percentage of the project used by
the development project per Section 10 (a) (1) in the GFF Agreement ($1,750,000) is less than the
certified construction costs for CIP Project #6-5C. Based on the methodology contained in Section 10 of
Contract C063-21, the maximum GFF credit is $1,750,000.
The City wishes to document the maximum approved GFF credit amount granted to Sidney Road
Apartments, LLC, LLC for the construction of CIP project 6-5C. A bill of sale has been provided to the
city and the city wishes to formally accept the dedication of the lift station project associated with CIP
Project 6-5C.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the
dedication of a North Sidney Lift Station know as CIP Project 6-5C., documenting Certified
Construction Costs, establishing the maximum General Facility Fee credits granted pursuant to
contract C063-21, accepting a sewer easement as shown on Exhibit A, and accepting a right of way
deed for the sewer lift station as shown on Exhibit B.
Page 31 of 319
Motion for Consideration: I move to adopt a Resolution accepting the dedicz Back to Agenda
Lift Station know as CIP #Project 6-5C, and authorizing the Mayor to execute related documents. .
Fiscal Impact: In accordance with Contract C063-21, the City will provide credits for properties paying
General Facility Fee credits within the agreed -upon area up until the max credit amount of $1,750,000
is reached.
Alternatives: Do not approve and provide alternative direction (note that due to the contract in place
pertaining to this issue, an executive session to discuss legal risk would be warranted prior to pursuing
any alternatives to approval).
Attachments: Resolution
Bill of Sale
Exhibit A -Sewer Easement
Exhibit B-Right of Way Deed
Agreement C063-21 McCormick Communities, LLC-Transportation
Certified Construction Costs
Page 32 of 319
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING
TO SANITARY SEWER PROJECT #6-5C, THE NORTH SIDNEY LIFT STATION,
AUTORIZING ISSUSANCE OF A FINAL NOTICE OF PROJECT COMPLETENESS,
DOCUMENTING CERTIFIED CONSTRUCTION COSTS, AUTHORIZING THE
ACCEPTANCE OF RELATED DOCUMENTS, AND ESTABLISHING THE MAXIMUM
GENERAL FACILITY FEE CREDITS GRANTED PURUANT TO CONTRACT C063-21
WHEREAS, on June 9, 2021, the City and Sidney Road Apartments, LLC entered into a
Sewer General Facility Fee (GFF) Credit agreement for sewer system improvements identified as
City Contract C063-21; and
WHEREAS, Contract C063-21 required the construction of the North Sidney Lift Station and
provided a framework to grant associated GFF credits to Sidney Road Apartments, LLC; and
WHEREAS, Sidney Road Apartments, LLC has completed the construction of the North
Sidney Lift Station, identified as Sewer Capital Improvement Project #6-5C in the agreement; and
WHEREAS, the engineers estimate for CIP Project #6-5C, as found in the Comprehensive
Plan and GFF Calculation, is $2,500,000; and
WHEREAS, the developers project, the Haven Apartments, proposed to use 30% of this
Station's capacity, and was therefore limited to a credit of 70% of $2,500,000, or $1,750,000; and
WHEREAS, Contract C063-21, Section 10 stipulates that Sidney Road Apartments, LLC
would receive credit equal to the lesser of the following: the Sewer Facility Fee Method
($1,750,000), the certified project cost, or the total GFF owed by the developer ($1,841,400); and
WHEREAS, on February 10, 2022, the City received certified construction cost
documentation from Sidney Road Apartments, LLC, for CIP Project #6-5C showing total
expenditures of $3,079,122; and
WHEREAS, the city engineer reviewed these certified construction costs and approved a
lesser certified construction cost of $3,076,122; and
WHEREAS, the engineers cost estimate for the project less the percentage of the project
used by the development project per Section 10 (a) (1) in the GFF Agreement ($1,750,000) is less
than the certified construction costs for CIP Project #6-5C; and
WHEREAS, based on the methodology contained in Section 10 of Contract C063-21, staff
have confirmed the maximum GFF credit is $1,750,000; and
Page 33 of 319
Back to Agenda
Resolution No.
Page 2 of 2
WHEREAS, staff have confirmed that Sidney Road Apartments, LLC have met all the
requirements set out in Port Orchard Municipal Code 13.04.040(6) and City Contract C063-21
necessary to support a finding that the project is complete; and
WHEREAS, the City wishes to accept the project as complete, consistent with Port Orchard
Municipal Code (POMC) 13.04.040(6) and the terms of Contract #C063-21, and to document the
maximum approved GFF credit amount granted to Sidney Road Apartments, LLC, LLC for the
construction of CIP Project # 6-5C; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City hereby accepts the dedication of a North Sidney Lift Station know as CIP
Project #6-5C as a public project, pursuant to POMC 13.04.040(6).
THAT: Pursuant to Contract C063-21, a maximum Sewer GFF credit amount for CIP
Project 6-5C is hereby established in the amount of $1,750,000. The Mayor or his designee is
authorized to take all actions necessary to effectuate the terms of Contract C063-21 pertaining
to this credit.
THAT: Consistent with the aforementioned, the Council accepts the following and
authorizes the Mayor to execute all necessary documents to effectuate this acceptance:
1. A sewer easement, as shown on Exhibit A and incorporated herein by this
reference;
2. Right of way deed for the sewer lift station, as shown on Exhibit B and
incorporated herein by this reference;
3. Bill of Sale, attached as Exhibit C and incorporated herein by this reference;
and
4. All other documents required by POMC 13.04.040 and CIP Project #6-5C.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28' day of March 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 34 of 319
Back to Agenda
BILL OF SALE
THIS BILL OF SALE is made and executed this.- DLI day of March 2023 by
and between Haven on Sidney L.L.C., a Washington Limited Liability Corporation,
hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter
called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the
City of Port Orchard ownership in the following described personal property situated in Kitsap
County, State of Washington, and installed by the Grantor to date, TO WIT:
The Sewer Lift Station, including all components and equipment contained within the dedication
area as described in the enclosed ROW Dedication Deed and for which actual construction
costs are provided in the enclosed Certified Costs Letter.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above
conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full
power to convey and transfer the same, and that the Grantor will defend the same against the
claims and demands of any and all persons lawfully making claims thereto. The Grantor further
warrants that the execution of this Bill of Sale is an authorized act of said Grantor.
Dated at SeAi 1,-6- , Washington, this ?Li day of March , 2023
[Remainder of page intentionally left blank]
P.'Surety foms%Bill of Sale%approved by Inlerinr A[1yW11 of Sale — Afaster Form
GRANTOR: ( Haven on Sidney L.L.C.
By:lnvestccoo L.L.C., its Manager
By:.�—
Print Name-�ordan Schenk, Vice PresidentlPortfolio Manager)
Page 35 of 319
Back to Agenda
STATE OF WASHINGTON )
)ss
COUNTY OF K I N Ca )
On this 1.41" day of March, 2023, before me personally appeared
Jordan Schenk, Vice President and Portfolio Manager of Investco L.L.C., manager of
Haven on Sidney L.L.C., a Washington limited liability corporation, that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument.
Given under my hand and official seal this 114" day of March, 2023
Notary Public ' nd for a State of Washington,
residing in SWA
My commission expires 7 f 21 12o14
Dated at Port Orchard, Washington, this day of , 20_
CITY OF PORT ORCHARD
By:
Tony Lang, Public Works Director
STATE OF WASHINGTON )
)ss
COUNTY OF KITSAP )
On this day and year above personally appeared before me, Mark R. Dorsey, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned,
and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of
20_
Notary Public in and for the State of Washington,
residing in
My commission expires
PASwety foinu%Bill ofSala>.ipproved by Interim AltyWill of Sale—hfE ter Farm
Page 36 of 319
Back to Agenda
After recording return document to;
City of Port Orchard
Permit Center
216 Prospect Street
Port Orchard, WA 98366
PLEASE MAKE NO MARK M THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE
Grantor(s): Haven on Sidney L.L.C.
Grantee(s): City of Port Orchard
Legal Description: Ptn of Lot
Assessor's Tax Parcel Number: 112301-2-053-2007
Reference Number of Related Documents: NIA
UTILITY EASEMENT
Haven Apartments (f.k.a Sidney Road Apartments)project
The Grantor(s), Haven on Sidney L.L.C. , for good and valuable consideration,
the receipt and sufficiency of which are hereby ac owledged, does hereby grant and convey
unto the City of Port Orchard, a municipal corporation, and its successors and assigns (the
Grantee), from the property legally described on Exhibit "A" — Entire Parcel (the "Property"),
attached hereto and incorporated by this reference, a nonexclusive permanent utility
easement, for the purposes described below, over, in, on, along, across, through, below and
upon, the portion of the Property legally described on Exhibit "B", (the "Utility Easement")
and depicted on Exhibit "C", which are attached hereto and incorporated by this reference.
The Grantee and its agents, designees and/or assigns, shall have the right at such times
as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to
inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and
enlarge the utilities contained within the easement area for all public purposes, including but
not limited to, grade and slope, street lights, utilities (including without limitation water, sewer,
storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated
by Grantee or those utilities which provide service to Grantee or its citizens and are operated
by permission of Grantee through franchise or permit), together with the right of ingress and
egress thereto without prior institution of any suit or proceedings and without incurring any
legal obligation or liability therefore.
Parcel No. 112301-2-053-2007
Page 1 of ( 7 ) Pages
Page 37 of 319
Back to Agenda
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY.
UTILITY EASEMENT
THIS EASEMENT is executed and delivered and said easement is granted upon the following
conditions to wit:
1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable,
after installation of the utilities and all subsequent alterations and repairs thereto, restore all
property to the Grantor to a neat and presentable condition.
2. Grantor shall not interfere in any manner with the easement rights granted to Grantee
and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or
maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb
the lateral or subjacent support of the utilities and other improvements and uses of the Utility
Easement by Grantee, or undertake any form of construction or other activity that may disturb
or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or
(3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to
or interfere with the use of the utilities.
3. The rights granted herein shall not be construed to interfere with or restrict the Grantor,
its heirs, executors, administrators, successors and assigns from the use of the Property outside
of the Easement Area for the construction and maintenance of property improvements outside
of the Easement Area.
4. This Utility Easement and the rights, obligations and covenants stated in this Utility
Easement shall run with the land and shall be binding upon and shall inure to the benefit of the
Grantor and Grantee. This Utility Easement shall be recorded with the Kitsap County
Recorder's Office.
5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and
that the terms and obligations hereof shall not become binding upon City of Port Orchard unless
and until approved hereon in writing by City of Port Orchard.
Dated: igAFC%k Ss 20 �3 .
Grantor: Haven on Sidney L.L.C.
By /L
Jordan Schenk, Vice President/Portfolio Manager oflnvestco L.L.C.;
Its Manager
Parcel No.112301-2-053-2007
Page 2 of ( 7 ) Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE ONLY.
Page 38 of 319
Back to Agenda
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY,
UTILITY EASEMENT
Accepted and Approved
City of Part Orchard
By
Its
Date
Parcel No.
Page 3 of ( 7) Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECOR➢ER'S USE ONLY
Page 39 of 319
Back to Agenda
■
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE ONLY.
UTILITY EASEMENT
CORPORATE ACKNOWLEDGMENT
STATE OF/
ss.
COUNTY OF �
I certify that I know or have satisfactory evidence that JO9-DA W SCtir N`L is
the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it as the
2ci of L-LC - to be their free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this r day of 1\,4n - (,
PUBLVO 8'
�•Z�C. No. 220061 •: OZ
9� OFWA
INDIVIDUAL ACKNOWLEDGMENT
STATE OF
SS.
COUNTY OF
20 Z9
Notary Public
CAL Cu`r
Printed Name
Residing at Cr'D^ �� n
My appointment expires
2-J Zc
On this day personally appeared before me 30Ro AtJ S C. hi N �t_ to me known
to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that
he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned.
DATED this day of /-t A —C , 20
MALL_
' * Siorv'F+�F'�
o ,,XO :A&
-PQ No. 220' 5i`5.'
K6 woSN� r
Notary Public
Printed Name
Residing at
My appointment expires
Page 4 of ( 7 ) Pages
Parcel No.
PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVER FOR COUNTY RECORDER'S USE ONLY.
Page 40 of 319
Back to Agenda
Haven Apartments
Job No. 2155-001-020
November 18, 2022
EXHIBIT A
LEGAL DESCRIPTION FOR SITE
PARCEL I:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD;
AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST
OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK;
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269;
TOGETHER WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE
NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066) LYING SOUTH OF THE
ROAD KNOWN AS SW HOVDE COUNTY ROAD;
PARCEL II:
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTH 15 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTH OF COUNTY
ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET;
AND EXCEPT SIDNEY ROAD S.W.;
AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED
RECORDED MAY 22, 1992 UNDER AUDITOR FILE NO 9205220166;
Page 41 of 319
Back to Agenda
Haven Apartments
November 18, 2022
Page 2
PARCEL III:
THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10
ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KITSAP COUNTY UNDER
AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W.;
PARCEL IV:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET;
THENCE NORTH PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 92 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET
TO THE WESTERLY LINE THEREOF;
THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5
ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING;
EXCEPT SIDNEY ROAD;
PARCEL V:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLYALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 142
FEET;
THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 158 FEET;
THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION,
8 FEET;
Page 42 of 319
Back to Agenda
Haven Apartments
November 18, 2022
Page 3
THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION,
150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE
NO. 9205080054;
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Legal description is from Statutory Warranty Deed recorded under Auditor's File No.
202007200376.
\\es m8\engr\esm-jobs\21 55\00 1 \020\docum ent\Id-01. docx
V��QE O5 WAS8;Nco�p0
29281 J�
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Page 43 of 319
Haven Apartments
Job No. 2155-001-020
March 9, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR EASEMENT
Back to Agenda
That portion of the northwest quarter of the northwest quarter of Section 11, Township 23 North,
Range 1 East, W.M., in Kitsap County, Washington, being a two foot wide strip lying between the
following described line and a line two feet to the right of said line:
COMMENCING at the northwest corner of said Section 11;
THENCE along the west line of said northwest quarter, S 02°26'27" W, 698.10 feet;
THENCE S 87033'33" E, 682.88 feet to the TRUE POINT OF BEGINNING;
THENCE S 89010" 1" E, 42.10 feet;
THENCE N 21005" 1" E, 70 feet, more or less to the southerly margin of S.W. Hovde Road;
THENCE along said southerly margin, northwesterly 73 feet, more or less, to a point which bears
N 01 031'21" E from the TRUE POINT OF BEGINNING;
THENCE S 01 031'21" W, 98 feet, more or less, to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof lying within public right of way.
See attached Exhibit C.
\\es m8\engr\esm-jobs\21 55\00 1 \020\docum ent\Id-03. docx
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Page 44 of 319
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW
T. 23 N., R. 1 E., W.M., KITSAP COUNTY,
3 2
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10 11 CONCRETE, DOWN 1.0', IN
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33400 8th Ave S, Suite 205 I ® I I i
Federal Way, WA 98003 �YY//
FEDERAL WAY (253) 838-6113
www.esmcivil.com LYNNWOOD (425) 297-9900
Civil Engineering Land Surveying Land Planning
Public Works I Project Management I Landscape Architecture
Back to Acienda
OF AS
fj 29281 J.
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03/09/2023
JOB NO. 2155-001-020
DRAWING NAME SR-03
DATE : 2023-03-09
DRAWN CAF
Page 45 of 319
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City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RIGHT OF WAY DEDICATION DEED
Grantor:
Grantee:
Legal Description:
Parcel Nos.:
Reference Number:
Haven on Sidney L.L.C., a Washington Limited
Liability Company
City of Port Orchard, a Washington Municipal
Corporation
SEE ATTACHED EXHIBIT "A"
112301-2-053-2007
RIGHT OF WAY DEDICATION DEED
The GRANTOR, Haven on Sidney L.L.C., a Washington Limited Liability Company and
owner of the real property described herein, for and in consideration of mutual and offsetting
benefits, the sufficiency of which is hereby acknowledged, hereby grants, conveys, and
dedicates to GRANTEE, CITY OF PORT ORCHARD, a municipal corporation of the State
of Washington, the following described real property, including any after acquired title, as
and for public right of way, to be used for all lawful right of way purposes including, but
not limited to, public roads, streets, surface transportation and associated uses as well as the
installation, operation and maintenance of utilities, over, under, and along the following
described real property in the City of Port Orchard, County of Kitsap, State of Washington:
See EXHIBIT "A", which is attached hereto
and incorporated herein by this reference.
The right of way is legally described on EXHIBIT "B", attached hereto, and made part of
this Deed by this reference. A drawing of the Right of Way is attached hereto as EXHIBIT
"C" and made part of this Deed by this reference.
Further, Grantor agrees to indemnify and hold the Grantee harmless from liability for any
and all claims under the Comprehensive Environmental Response, Compensation, and
RIGHT OF WAY DEDICATION DEED
Page I Page 46 of 319
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Liability Act, 42 U.S.C. § 9601 et seq., and the Model Toxics Control Act, Chapter 70. � D
RCW, which may arise from the property dedicated pursuant to this Deed. M
00
It is understood and agreed that this deed shall become binding upon the Grantee upon
accepted by its Mayor or his designee as indicated by signature below. The rights and
obligation in this Dedication Deed shall inure to the benefit of and be binding on the Parties
and be binding on their respective successors and assigns.
GRANTOR:
This instrument is executed on this 3 day of March, 2023.
A —
Jordan Schenk, Vice President/Portfolio Manager of Investco L.L.C., as Manager of
Haven on Sidney L.L.C.
ACCEPTED:
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Date:
Grantor's Acknowledgement on Next Page
RIGHT OF WAY DEDICATION DEED
Page 2 Page 47 of 319
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STATE OF WASHINGTON )
) ss o0
COUNTY OF KING
I certify that I know or have satisfactory evidence that J07-rJAQ g ikFN L is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he executed the instrument and acknowledged it as his free and voluntary act for
the uses and purposes mentioned in the instrument.
Dated this
GP\$S O N OO�
PUBt�G ��a:
(P"t/C. No. 2200
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OF WAS�C7
day of /**(/12cr�- ,2023
Notary Public in and for the State of Washington
My Commission Expire: 3 - i • �
RIGHT OF WAY DEDICATION DEED
Page 3
Page 48 of 319
EPUGB y o; NC)e8
Haven Apartments
Job No. 2155-001-020
November 18, 2022
EXHIBIT A
LEGAL DESCRIPTION FOR SITE
PARCEL I:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD;
AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST
OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK;
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269;
TOGETHER WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE
NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066) LYING SOUTH OF THE
ROAD KNOWN AS SW HOVDE COUNTY ROAD;
PARCEL II:
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTH 15 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTH OF COUNTY
ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET;
AND EXCEPT SIDNEY ROAD S.W.;
AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED
RECORDED MAY 22, 1992 UNDER AUDITOR FILE NO 9205220166;
Page 49 of 319
epue6v o; NC)e8
Haven Apartments
November 18, 2022
Page 2
PARCEL III:
THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10
ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KITSAP COUNTY UNDER
AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W.;
PARCEL IV:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET;
THENCE NORTH PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 92 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET
TO THE WESTERLY LINE THEREOF;
THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5
ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING;
EXCEPT SIDNEY ROAD;
PARCEL V:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLYALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 142
FEET;
THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 158 FEET;
THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION,
8 FEET;
Page 50 of 319
epuaBv 0; )Jae8
Haven Apartments
November 18, 2022
Page 3
THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION,
150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE
NO. 9205080054;
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Legal description is from Statutory Warranty Deed recorded under Auditor's File No.
202007200376.
\\esm8\engr\esm-jobs\2155\001\020\document\Id-01.docx
OF WASyO
° 29281
03/09/2023
Page 51 of 319
Haven Apartments
Job No. 2155-001-020
March 9, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR LIFT STATION
epuaBv o; )Jae8
That portion of the northwest quarter of the northwest quarter of Section 11, Township 23 North,
Range 1 East, W.M., in Kitsap County, Washington, being more particularly described as follows:
COMMENCING at the northwest corner of said Section 11;
THENCE along the west line of said northwest quarter, S 02°26'27" W, 698.10 feet;
THENCE S 87033'33" E, 682.88 feet to the TRUE POINT OF BEGINNING;
THENCE S 89010" 1" E, 42.10 feet;
THENCE N 21005" 1" E, 70 feet, more or less to the southerly margin of S.W. Hovde Road;
THENCE along said southerly margin, northwesterly 73 feet, more or less, to a point which bears
N 01 03121" E from the TRUE POINT OF BEGINNING;
THENCE S 01 031'21" W, 98 feet, more or less, to the TRUE POINT OF BEGINNING.
EXCEPT any portion thereof lying within public right of way.
See attached Exhibit C.
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Page 52 of 319
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW
T. 23 N., R. 1 E., W.M., KITSAP COUNTY,
t3 2
FOUND COPPER PIN IN
10 11 CONCRETE, DOWN 1.0', IN
CASE (SEPTEMBER 2020)
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FOUND 3" BRASS CAP IN
CONCRETE, IN CASE
1 (SEPTEMBER 2020)
1 /4 OF SECTION 11,
WAS H I N GTO N
CONSULTING ENGINEERS L L C
33400 8th Ave S, Suite 205 I ® I I i
Federal Way, WA 98003 �YY//
FEDERAL WAY (253) 838-6113
www.esmcivil.com LYNNWOOD (425) 297-9900
Civil Engineering Land Surveying Land Planning
Public Works I Project Management I Landscape Architecture
JOB NO.
DRAWING NAME
DATE :
DRAWN
epUgBV o; )Ioe8
2155-001-020
SR-02
2023-03-09
CAF
Page 53 of 319
When Recorded Return to:
McCullough Hill Leary, P.S.
701 Fifth Avenue, Suite 6600
Seattle, WA 98104
Attn: Ian S. Morrison
Back to Agenda
PORT ORCHARD CITY OF 202106280457
Agreement Rec Fee: $ 126.50
06/28/2021 03:40 PM Page: 1 of 24
Paul Andrews, Kitsap Co Auditor
Document Title:
Sewer General Facility Fee (GFF) Credit Agreement
Grantor:
Sidney Road Apartments L.L.C., a Washington limited
liability company
Grantee:
City of Port Orchard
Legal description
Portion of NW quarter, Section 11, Township 23 North,
(abbreviated):
Range 1 East, WM, Kitsap County, Washington.
See Exhibit A for complete legal description
112301-2-053-2007
Assessor's Tax Parcel
Numbers:
N/A
Reference number(s) of
document(s)
modified, assigned or
released (if applicable):
Page 54 of 319
Back to Agenda
SEWER GENERAL FACILITY FEE (GFF) CREDIT AGREEMENT
BETWEEN CITY OF PORT ORCHARD AND SIDNEY ROAD APARTMENTS L.L.C.
T S SF
W GENERAL FACILITY FEE CREDIT AGREEMENT is made and entered
into this c dwp-afNtay, 2021, by and between the City of Port Orchard, a non-cliarter,
optional code Washington municipal corporation, hereinafter the "City," and Sidney Road
Apartments L.L.C. a limited liability company organized under the laws of the State of
Washington, hereinafter the "Developer" or "Sidney Road" (together the "Parties").
RECITALS
WHEREAS, the City of Port Orchard is a non -charter code city and operates a municipal
sanitary sewer system under the authority of RCW 35A.11.020, 35A.21.150, and 35.67.020 and
Article XI, § 11 of the Washington State Constitution; and
WHEREAS, as part of its sewer rates, the City of Port Orchard charges Capital Facility
Charges ("CFC") for new development which connects to its sewer system; and
WHEREAS, the CFC is comprised of a Wastewater Treatment Facility Fee ("WWTFF")
and a General Facility Fee ("GFF") as provided in Port Orchard Municipal Code ("POMC" or
"Code") Ch. 13.04; and
WHEREAS, in accordance with POMC 13.04.040, when a property owner or developer
constructs a portion of the public sewer system which is part of the City's basis for the CFC, then
that property owner or developer may receive a credit for the GFF portion of the CFC
commensurate with the increased capacity for the City's system that exceeds the needs of the
owner or developer's project; and
WHEREAS, Developer proposes to develop the Sidney Road Property with a multi -family
development consisting of approximately 216 units of housing, residential amenity facility,
parking for 356 vehicles, landscaping, and associated site improvements (collectively, the
"Development Project" or City Permit No. PW 20-064); and
WHEREAS, as part of the Development Project, Developer is proposing to construct at its
expense, certain sanitary sewer system improvements as defined in the City's Comprehensive Plan
as "6-5C, North Sidney Lift Station" defined herein as the "Sewer Improvement Project" and as
shown on Exhibit C, and
WHEREAS, this Sewer Improvement Project is part of the City's capital project list which
forms the basis for the CFC charges, and therefore, this Sewer Improvement Project is eligible for
a Sewer GFF credit pursuant to POMC 13.04.040; and
WHEREAS, Developer has applied for the GFF credit in accordance with POMC
13.04.040, and the Sewer Improvement Project has been verified as eligible by the City's Public
Works Director; and
WHEREAS, the City Council has reviewed this GFF Credit Agreement in accordance with
POMC 13.04.040(6)(d) and authorized the Mayor to execute this Agreement;
GFF Credit Agreement - 1
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 55 of 319
Back to Agenda
Now, therefore, the Parties agree as follows:
AGREEMENT
Section 1. The Sidney Road Property. The Sidney Road Property comprises 4977
Sidney Road SW (Kitsap County Tax Parcel #112301-2-053-2007). The Sidney Road Property is
described on Exhibit A which is attached hereto and incorporated herein by this reference as if set
forth in full. A map of the Sidney Road Property is shown Exhibit B on which is attached hereto
and incorporated herein by this reference as if set forth in full.
Section 2. Sewer Improvement Project. Developer shall construct the North Sidney Lift
Station Project, which is designated as Project #6-5C within the 2020 Amendment to the 2016
General Sewer Plan as adopted by Ord. 008-21 and is also sometimes referred to as the "Ruby
Creek Lift Station." For purposes of this Agreement, the North Sidney Lift Station Project or Ruby
Creek Lift Station is defined herein as the "Sewer Improvement Project" and as further defined in
Exhibit C. The Sewer Improvement Project shall be constructed in conformance with Exhibit D.
The Sewer Improvement Project shall serve the Sidney Road Property, amongst other properties
within the North Basin area, and shall provide connectivity and capacity for the City. The City's
Public Works Director has verified that the Sewer Improvement Project is eligible for Sewer GFF
credits in accordance with POMC 13.04.040 as provided in Section 9 of this Agreement. The
credits authorized by this Agreement are only applicable to pending Building Permit Applications
21-044, 21-045, 21-046, 21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 for
the properties identified on Exhibit B.
Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Commence construction" as to the Sewer Improvement Project means that the City
has issued all required permit(s) and the Developer has deployed construction equipment and
personnel to the site of the Sewer Improvement Project.
b) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
c) "Development Project" means the development of the Sidney Road Property with
approximately 216 units of housing, residential amenity facility, parking for 356 vehicles,
landscaping, and associated site improvements as shown in Exhibit B and approved by the City
under Permit PW20-064.
d) "Director" means the City's Public Works Director.
e) "Effective Date" means the effective date of the Resolution authorizing the execution
of this Agreement.
f) "Maximum credit" means the maximum amount of GFF credit that is eligible for the
Sewer Improvement Project which is the subject to this Agreement for which Sewer GFF credits
for new sewer connections will be provided by the City to the Developer.
GFF Credit Agreement - 2
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 56 of 319
Back to Agenda
g) "Sewer GFF" means the City's sewer general facility fee that is described in POMC
13.04.040.
h) "Sewer Improvement Project(s)" or "Project(s)" means the Sewer Improvement
Project described above which will serve both the Sidney Road Property and the greater
community, as specified in Section 9 and as provided for in all associated permits/approvals,
whether now in place or to be issued in the future, and all incorporated exhibits.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Sidney Road Property a
b) Exhibit B — Map of the Sidney Road Property with the Development Project and
with permits listed in Section 3 identified.
c) Exhibit C — Map of Sewer Improvement Project, including project components.
d) Exhibit D — Standards for development of Sewer Improvement Project.
e) Exhibit E — GFF Credit calculation estimation for this Development Project and
Sewer Improvement Project.
Section 5. Parties to Credit Agreement. The parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street,
Port Orchard, WA 98366.
b) The "Developer", "Sidney Road", or "Sidney Road Apartments L.L.C." is a private
enterprise which owns the Sidney Road Property in fee, and whose principal office is located at
1302 Puyallup Street, Suite A, Sumner WA 98390.
Section 6. Sewer Improvement Project is a Private Undertaking. It is agreed among
the parties that the Sewer Improvement Project is a private improvement for which Sewer GFF
credits are allowed pursuant to POMC 13.04.040 and that the City has no interest in the
improvements until such time as the Sewer Project is completed, dedicated, and accepted by the
City as provided in Section 9 of this Agreement.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of the Resolution authorizing the Port Orchard Mayor to execute this Agreement and shall continue
in force for a period of five (5) years unless extended or terminated as provided herein. Following
the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have
no force and effect, except for such Sections which are expressly identified herein as surviving the
expiration or termination.
Section 8. Project Schedule. Subject to the City's issuance of all necessary permits and
approvals, Developer will commence construction of the Sewer Improvement Project on the
following schedule:
GFF Credit Agreement - 3
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 57 of 319
Back to Agenda
a) Developer shall submit all necessary permits and approvals to the City for
construction of the Sewer Improvement Project by May 14, 2021. Developer shall submit permits
for priority review including but not limited to use of City's third -party reviewer at Developer's
cost.
b) The City shall undertake good faith efforts to promptly review and make final
determinations on all necessary permits and approvals for construction of the Sewer Improvement
Project ("Sewer Improvement Permits"), including but not limited to using the City's third -party
reviewer to provide for prompt review. In the event that the City requires additional time beyond
the 120-day window to review the Sewer Improvement Permits, or requests corrections of
Developer, the timeline for Developer's obligation to construct the Sewer Improvement Project is
tolled until the date that the City makes its final determination on the Sewer Improvement Permits.
c) Except as provided in Subsection 8.c.i, upon issuance of the Sewer Improvement
Permits, the Developer shall commence construction of the Sewer Improvement Project within
120 days and proceed in a timely and workmanlike fashion, provided however, the Developer shall
be solely responsible for the means and methods for construction sequencing and phasing.
is The Parties agree the Sewer Improvement Project is anticipated to cost
approximately $2,500,000 ("Estimated Cost"). If Developer obtains a good faith
estimate for construction of the Sewer Improvement Project that exceeds the
Estimated Cost by 25 percent or more, Developer may elect, in its sole discretion,
to pause construction of the Sewer Improvement Project for up to two (2) years
from the date that Developer provides written notice to the City of such election to
pause the Sewer Improvement Project ("Election Date") to secure alternative bids
or allow for conditions to improve ("Cost Escalation Toll Notice" or "Notice").
Developer shall provide a copy of estimate for construction showing the escalation
in costs with the Notice. In the event the Developer exercises its Notice, all other
obligations and requirements of this Agreement shall automatically be tolled, and
the Termination Date of this Agreement shall be extended accordingly by the
number of days between the Election Date and date that Developer provides written
notice to City of start the Sewer Improvement Project construction.
d) Developer understands that in accordance with POMC 13.04.040(6)(e) that the City
will not issue any certificates of occupancy for the Development Project prior to substantial
completion of the Sewer Improvement Project, even if such Sewer Improvement Project is tolled
by the Developer under Section 8(c)(i) above. Furthermore, the Developer shall fully complete the
Sewer Improvement Project in accordance with POMC 13.04.040(6)(g) and Section 9 below prior
to the issuance of the Certificate of Occupancy for the last residential structure contained in the
Development Project, or sixty (60) calendar days prior to the Termination of this Agreement,
whichever date occurs first.
Section 9. Sewer Improvement Project Standards.
a) General. Developer will finance, design, and construct the Sewer Improvement
Project to comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The City will approve the plans before
GFF Credit Agreement - 4
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 58 of 319
Back to Agenda
construction begins; and the City may accept responsibility for the operation of the Sewer
Improvement Project in accordance with POMC 13.04.040 provided construction is completed,
the project has been accepted, any transfer property documents are completed, accepted, and
recorded, and a two-year warranty and maintenance bond is in place, such acceptance not to be
unreasonably conditioned, withheld or denied. In accordance with POMC 13.04.040(6)(g), the
Project will be deemed completed when all of the following occurs: 1. The City deems it
substantially complete; 2. All punch list items are finished; 3. The improvement passes final
inspection; 4. The Developer has put a two-year warranty and maintenance bond in place; 5. The
City releases the performance bond (if applicable); 6. The Developer has completed all property
dedications; 7. The Developer has provided the City with a Bill of Sale for the improvements
containing the certified construction costs (stamped by licensed engineer) to the City for
determination of the maximum credits available under this Agreement; and 8. The City Council
accepts the project as public. The City will confirm completeness of the Sewer Improvement
Project by issuing a Final Notice of Completeness to the Developer.
b) $ewer Improvement Project. The Sewer Improvement Project will include design,
permitting, and construction, at Developer's sole expense of a new Sanitary Sewer Lift Station
(#6-5C, North Sidney Lift Station Project) that complies with the standards and capacity as set
forth on Exhibits C and D which are attached hereto and incorporated herein by this reference as
if set forth in full. Any and all work within the right of way shall fully satisfy the requirements in
POMC Chapter 12.04 and the City's right of way use permit process. In accordance with RCW
35.91.020, the Sewer Improvement Project shall be constructed according to plans and
specification approved by the City.
c) Bond Required. The Sewer Improvement Project construction work shall be
secured by a Performance Bond at 150% of the estimated construction costs. Construction of the
Sewer Improvement Project shall be inspected by the City, approval not to be unreasonably
withheld. In addition to the requirements in Section 9(a) above, the City's final approval of Sewer
Improvement Project shall be conditioned upon receipt from Developer of three (3) copies of as-
builts, a copy of the DWG files for the Sewer Improvement Project, and a two (2) year
Maintenance Bond at 20% of the construction costs, which shall be effective upon the City's
release of the Performance Bond. Upon acceptance of the Bill of Sale, the City shall release the
Performance Bond and shall accept full responsibility for the Sewer Project, except for those
maintenance obligations of Developer secured by the two-year Maintenance Bond. Upon City's
acceptance of the Sewer Improvement Project, Developer shall not be responsible for any further
costs, maintenance, or liability for the Sewer Improvement Project except as provided in the
maintenance bond. This provision survives the Termination of this Agreement.
d) Latecomers Agreement. The Parties agree that the Sewer Improvement Project
may provide public benefits to property within the City's service area and does not solely serve
the Sidney Road Property. The Parties acknowledge that Developer may, in its sole discretion,
seek approval for a latecomers agreement as provided in POMC Ch. 13.08 solely for any work that
is not eligible for the GFF Credit hereunder. Work that is eligible for the GFF Credit shall not be
subject to a latecomers agreement. The City shall review and make a final determination on any
application for a latecomers agreement submitted by Developer as provided in Chapter 13.08
POMC. At the time of this Agreement, the Parties agree that the only eligible improvement that
may be subject to a latecomers agreement is the Hovde Road gravity line connecting to the Sewer
GFF Credit Agreement - 5
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 59 of 319
Back to Agenda
Improvement Project., The Hovde Road gravity line is not included in the calculation for the City's
CFC and thus is ineligible for GFF credits.
Section 10. Sewer Improvement Credits.
a) Maximum Credit. In accordance with POMC 13.04.040(6), there is a maximum
amount of the Sewer GFF credit for the Sewer Improvement Project to be built by Developer.
There are three methods for calculating the credit as defined in POMC 13.04.040(6). The lowest
of these three calculations shall serve as the Maximum Credit Amount for improvements. The
three calculation methods are set forth on Exhibit E, which is attached hereto and incorporated
herein by this reference as if set forth in full. The three credit calculations are described as follows:
1. Sewer Facility Fee Method. The Sewer Improvement Project was identified in
the GFF rate study adopted by the City as a $2,500,000.00 project that is 100%
funded by GFFs. The Sewer Improvement Project is being designed to be
expandable and to contain three (3) pumps in the future, but only two (2) pumps
shall be required by the Developer as a component of the Sewer Improvement
Project. The percentage of the facility to be used by the proposed Development
Project varies by lift station component and ranges from 17% to 35%. For the
purposes of this Agreement, the City's engineers have determined that the
Development Project as proposed will use 30% of the overall capacity in the Sewer
Improvement Project, meaning that 70% of the added capacity will be for other
customers. Therefore, under the Sewer Facility Fee method of (a) project cost of
the project as defined in the Sewer General Facility Fee multiplied by (b)
percentage of ERUs for excess capacity of the Sewer Improvement Project, the
Developer would be credited $1,750,000 (70% of $2,500,000). The Parties agree
with the accuracy and methodology of the Sewer Facility Fee method formula in
Section I0(a)(1).
2. Certified Project Cost Method. The Certified Project Cost method is determined
by (a) identifying the certified construction costs of the Sewer Improvement Project
multiplied by (b) percentage of ERUs for excess capacity of the Sewer
Improvement Project, which as defined above, was 70% of the added capacity. The
value of the land dedicated by the Developer for the Sewer Improvement Project
would be included as a separate line item in utilizing this method. The Certified
Project Cost method cannot be determined until the Parties certify the Sewer
Improvement Project costs as provided in Section 10(d) of this Agreement. The
Parties agree with the accuracy and methodology of the Certified Project Cost
method formula in Section 10(a)(2).
3. Total Sewer Facility Fee owed by Developer Method. The Total Sewer General
Facility Fee Method is determined by (a) identifying the current GFF at the time of
the Agreement (currently $8,525) and multiplying by (b) number of ERUs for
Developer needs of current Sewer Improvement Project. Based on the scope of the
Development Project that is currently in development review, there are expected to
be 12 new sewer connections serving 216 multifamily units and common areas.
These connections are expected to use 30% of the Sewer Improvement Project
GFF Credit Agreement - 6
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capacity. Therefore, under the Total Sewer Facility Fee Method, Developer would
be required to pay a total of $1,841,400.00. The Parties agree with the accuracy and
methodology of the Certified Project Cost method formula in Section 10(a)(3).
The Code requires that the total GFF credit be the lowest of the three calculated methods as set
forth above. Upon competition of the Certified Project Cost method as set forth in Section 10(d),
the City shall confirm the potential GFF Credits for the Developer. The lowest of the three
methodologies shall be the "Maximum Sewer GFF Credit" for the Developer, as authorized by
Code. At this point, the Parties anticipate that the Sewer Facility Fee Method will likely be the
Maximum Sewer GFF Credit available to Developer, however, that is subject to confirmation and
change based on the above stated methodology. Once the Maximum Sewer GFF Credit has been
achieved through credits to Developer, Developer will be required to pay any GFFs that exceed
the Maximum Sewer GFF Credit and will be required to comply with Chapter 13.04 POMC for
any further development of the Property.
b) Deferral of GFF for Development Project. It is expected that Developer would owe
a total GFF payment of $1,841,400 to the City for the Development but would receive Maximum
Sewer GFF Credit of $1,750,000 (or alternative amount as calculated by Section 10(a)). Thus,
the remaining GFF balance which is anticipated to be due at the time of building permit issuance
from the Developer to the City is $91,400. The Parties acknowledge that this amount could change
if the GFF fees are increased prior to permit issuance. Exhibit E contains the estimated credit
calculations for the GFF credit under the Code as applied to this Development Project.
The City and Developer agree that these credits are consistent with RCW 82.02.060(4) and
that they are consistent with POMC 13.04.040.
c) Payment of CFC, deferral. Unless the GFF rate changes or the Development Project
scope changes between approval of this Agreement and issuance of building permits, the
Developer will not be required to pay the full GFFs prior to building permit issuance. However,
the Developer will be required to pay the full WWTFF portion of the CFC at the time of building
permit issuance as the W WTFF portion of the CFC is not eligible for credit under the City's code.
The Developer shall pay the GFF charges as required as of the Effective Date of this
Agreement, except as deferred herein. The amount of full GFF charge required may change if
Developer changes the scope of the Development Project or if the timing of the building permits
is such that the GFF is adjusted. The Parties anticipate that the Maximum Sewer GFF Credit for
the Sewer Improvement Project as described in this Section and on Exhibit E will cover most of
the deferred Sewer GFF charge amount. The City will defer any remaining Sewer GFF owed (over
and above the $91,400 due at permit issuance), if any, as calculated in Section 10(a) above, until
just prior to issuance of the certificate of occupancy for the final residential structure in the
Development Project.
d) Certification of Project Casts. Upon completion of the Sewer Improvement Project,
Developer shall submit certified project costs to the City for review and acceptance by the City
Engineer; provided however, City shall use its best efforts to review and reach a final determination
within 30 calendar days of receipt, provided all information needed by the City to determine the
correct certified costs is included in the submittal. Once these costs and the executed Bill of Sale
GFF Credit Agreement - 7
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are reviewed and accepted by the City Engineer, not to be unreasonably withheld, conditioned, or
delayed, the Maximum Sewer GFF Credit due to Developer will be established and will equal the
Maximum Sewer Project Credit as so certified in accordance with this Section 10. Certificates of
occupancy for the final residential structure in the Development Project will be withheld by the
City until the construction costs are certified and accepted by the City and any remaining Sewer
GFF fee balance has been paid; provided, however, the City shall use best available efforts to
review and certify the credits applicable to the GFF balance within 30 days of receipt.
Section 11. Dedication of Public Lands. As a condition of the permit issued by the City
for the Sewer Improvement Project, the Developer will be required to dedicate the land that it owns
that is needed to construct and access the Sewer Improvement Project as defined in Exhibits C-D.
This Agreement acknowledges that this dedication is part of the Sewer Improvement Project.
Section 12. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition,
the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs
as provided in the POW for violations of this Agreement and the Code.
Section 13. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement with all rights, title, and interests therein to any person, firm, or
corporation at any time during the term of this Agreement with a sale of the underlying property.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
a portion of the Property, at least 30 calendar days in advance of such action.
Section 14. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the Parties, and be consistent
with Chapter 13.04 POMC. However, nothing in this Agreement shall prevent the City Council
from making any amendment to its sewer codes or rates, or its Comprehensive Plan, Zoning Code,
Official Zoning Map, or development regulations, or to impacts fees that affect the Sidney Road
Property in the same manner as other properties, after the Effective Date of this Agreement.
Section 15. General release. Developer may free itself from further obligations relating
to the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee
expressly assumes the obligations under this Agreement as provided herein, including the
obligation to construct the Sidney Road Projects.
GFF Credit Agreement - 8
Sidney Road Apartments, L.L.C.
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Section 16. Notices. Notices, demands, correspondence to the City and/or Developer (as
applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of
the parties as designated in "Written Notice" Section 24 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the
Developer shall be required to be given by the City only for those successors -in -interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 17. Reimbursement for Agreement Expenses of the City. In accordance with
POMC 13.04.040(6), the Developer agrees to reimburse the City for actual expenses incurred over
and above fees paid by Developer as an applicant incurred by City directly relating to this
Agreement, including recording fees, publishing fees, attorneys' fees, and reasonable staff and
consultant costs not otherwise included within application fees, provided however, the City shall
provide written notice to Developer if the expenses to the City are anticipated to exceed Fifteen
Thousand Dollars and No Cents ($15,000.00) and the parties shall meet and confer regarding the
City's anticipated costs as provided in Section 18a. Such payment shall be made in full prior the
Mayor executing the Agreement on behalf of the City. Upon payment of all expenses, the
Developer may request written acknowledgement of all fees. Such payment of all fees shall be
paid, at the latest, within thirty (30) days from the City's presentation of a written statement of
charges to the Developer.
Section 18. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the
Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective
manner. All disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within ten
(10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director and/or the Mayor's designee and any persons with information
relating to the dispute, and Owner shall send an owner's representative and any consultant or other
person with technical information or expertise related to the dispute.
b) Court. If the parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay
the other Parties' expenses and reasonable attorney's fees.
Section 19. No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
Section 20. 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 challenge this Agreement or any
GFF Credit Agreement - 9
Sidney Road Apartments, L.L.C.
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provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend
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, attorneys' fees and expenses of litigation. The
Developer shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 21. 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 hereof.
Section 22. Severability. This Agreement does not violate any federal or state statute, rule,
regulation, or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation, or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect. However, if either Party in
good faith determines that such provision or provisions which are rendered null and void are
material to its entering into this Agreement, that Party may elect to terminate this Agreement as to
all of its obligations remaining unperformed.
Section 23. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 24. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
SIDNEY ROAD APARTMENTS, CITY:
L.L.C.:
Attn: Brianne Kelsey
601 Union Street, Suite 3500
Seattle, WA 98101
BKelse c�tarra on.com
McCullough Hill Leary, P.S.
Attn: Ian Morrison
701 5ch Avenue, Suite 6600
Seattle, WA 98104
iorrison atmhseattle.coni
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansou na cityofportorchard.LEs
Copies shall also be transmitted to the City
Clerk and City Attorney at the above
address.
Section 25. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
GFF Credit Agreement - 10
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
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Section 26. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably necessary
to carry out this Agreement, including the Improvement Projects and Development Project, as may
be necessary to provide a Party with a full and complete enjoyment of its rights and privileges
under this Agreement.
Section 27. Interpretation. This Agreement has been reviewed and revised by legal
counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of
the document shall apply to the interpretation or enforcement of this Agreement.
Section 28. Counterparts. The Agreement may be signed in two or more counterpart
copies with the same effect as if the signature of each counterpart copy were on a single instrument.
Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all
such counterparts shall constitute one document.
Section 29. Entire Agreement. The written provisions and terms of this Agreement,
together with the Exhibits attached hereto and the codes referenced herein, shall supersede all prior
verbal statements of any officer or other representative of the parties, and such statements shall
not be effective or be construed as entering into or forming a part of or altering in any manner
whatsoever, this Agreement. The entire agreement between the parties with respect to the subject
matter hereunder is contained in this Agreement and exhibits thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on this 9— day of'
2021.
SIDNEY ROAD APARTMENTS, L.L.C. CITY OF PORT ORCHARD
By: Investco L.L.C.
Its: Manager
I_
By: �Pzk
Mari r7 D. Waiss
Its: President
APP ' AS TO FORM:
Ian Porri son
Attorney for Sidney Road
GFF Credit Agreement - 11
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
By:�
Rob Putaansuu
Its: Mayor
APPROVED AS T +ORM:
ifcr S�berfson
rney f art Orchard
Page 65 of 319
GFF Credit Agreement - 12
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
ATTEST:
randy arson
Port Orchard City Clerk
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EXHIBIT A
SIDNEY ROAD APARTMENTS
LEGAL DESCRIPTION
TAX PARCEL NUMBER: 112301-2-053-2007
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING
NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT ORCHARD; AND
EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND
10 FEET WEST OF THE CENTERLINE OF THE PRESENT COURSE OF
BLACKJACK CREEK; ALSO EXCEPT THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 1153269; TOGETHER
WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S
FILE NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C
OF SHORT PLAT NO. PO-74, RECORDED UNDER AUDITOR'S FILE
NO. 9212310158 (S-1066) LYING SOUTH OF THE ROAD KNOWN AS SW HOVDE
COUNTY ROAD. ALSO THAT PORTION OF THE SOUTH TEN (10) ACRES OF
THE NORTH FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF COUNTY ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET; EXCEPT SIDNEY
ROAD N.W.; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR
SIDNEY ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9205220166.
ALSO THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES
OF THE SOUTH 10 ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE
WEST 30 FEET THEREOF CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S
FILE NO. 9205220164 FOR SIDNEY ROAD S.W. ALSO THAT PORTION OF THE
SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158
FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID
SUBDIVISION, 8 FEET; THENCE NORTH PARALLEL TO THE WESTERLY LINE
Legal Description 1
Page 67 of 319
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OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY PARALLEL TO THE
SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET TO THE WESTERLY LINE
THEREOF; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE
NORTHERLY LINE OF SAID 5 ACRE TRACT; THENCE EASTERLY ALONG SAID
NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE
THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE
POINT OF BEGINNING; EXCEPT SIDNEY ROAD.
ALL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON,
Legal Description 2
Page 68 of 319
EXHIBIT B
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Page 69 of 319
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SCALE: 1" = 100'
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10" SANITARY SEWER MAIN
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PARCEL NO. 112301-2-006-2005
SEWER PUMP STATION
HOVDE SANITARY SEWER & LIFT STATION
Page 70 of 319
Exhibit D
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murraysr......
Technical Memorandum
Date: April 1, 2021
Project: 20-2887
To: Mark Dorsey, P.E., Jacki Brown, Ian Smith, P.E.
City of Port Orchard
From: Peter Cunningham, P.E.
Reviewed By: Adam Schuyler, P.E.
Re: Basin 7 North Flow Projections
Introduction
There is significant interest in developing along the Sidney corridor in the City of Port Orchard
(City). A developer is interested in building the North Sidney Lift Station (NSLS) to serve the area
north of Ruby Creek. The proposed service area is shown in Figure 1. The purpose of this
memorandum is to identify and document the required capacity and requirements to properly
size the pumps, piping, and wet well through the basin build -out conditions.
Project No. 20-2887 Page 1 of 6 Basin 7 Flow Projections
April 2021 City of Port Orchard
Page 71 of 319
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Figure 1 (page 2 of 6 of the Technical Memorandum dated
April 1, 2021 by murraysmith)
is on file with the City of Port Orchard
Page 72 of 319
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murraysm�th �-
Population and Flow Projections
Assumptions and Calculations
The City's Planning Department provided a range of projected future Equivalent Residential Units
(ERU). These ranged from 319 and 1,136 ERUs, with the most probable scenario being
approximately 423 ERUs. Unit flows and peaking factors from the 2016 General Sewer Plan (GSP),
used to calculated sewer flows, are shown in Table 1.
Table 1 .
Flow Assumptions
Population/ERU
2.5
ERU/Multifamily unit
0.75
Flow/capita (gallons per capita/day)
78
Peak Day Infiltration and Inflow (II) (gallons per day)
1,100
Sanitary Sewer Peak Hour Factor'
1.41
II Peak Hour Factor
2.05
1. Applies to sanitary sewer flow only
2. Applies to II flow only
Flows calculated using the projected ERUs and unit flows from the GSP are shown in Table 2.
Table 2
Flow Projections
Low 319 798 43 75.5 58 101 179
High 1,136 2,839 154 75.5 58 211 335
Probable 423 1,058 57 75.5 58 115 199
1. Multifamily units are counted as 0.75 ERUs
2. gpm = Gallons per minute
Peak hour flows were also calculated using the Department of Ecology's peaking factor from the
Criteria for Sewage Works Design (Orange Book). These are shown in Table 3.
Project No. 20-2887 Page 3 of 6 Basin 7 Flow Projections
April 2021 City of Port Orchard
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Table 3
Peak Hour Flow using Peaking Factors
Low 319
798 43 3.9 167
High 1,136
2,839 154 3.5 532
Probable 423
1,058 57 3.8 217
Sidney Road 162
405 22 4.0 88
Apartments
-
Recommended Design Flows
For most scenarios, the method of calculating the peak flow results in similar results. For the high
development scenario, however, there is significantly more flow when calculated with a peaking
factor. It is recommended that infrastructure that is more difficult and expensive to replace, such
as the wet well and influent gravity pipes, be designed around a peak hour flow rate of 550 gpm.
Sizing Criteria and Recommendations
Pumps
The pump station should be a triplex configuration with two pumps installed initially and a third
pump slot forfuture expansion. The two -pump configuration should be able to convey a minimum
of 250 gpm with one pump out of service.
The pump selection and hydraulic analysis needs to include pumping through the existing 6-inch
diameter Albertsons Lift Station (ALS) force main and the impacts to the ALS.
The pumps should be equipped with variable frequency drives (VFDs) to provide more consistent
flow to the downstream Pottery Pump Station.
Gravity Piping
Gravity piping should be designed to accommodate the most conservative future flow estimate of
550 gpm. Assuming a slope of 0.4 ft/ft and PVC piping, a 10-inch pipe will be adequate. The design
engineer should review the pipe alignment and sizing to ensure capacity, as well as scouring
velocities during typical flows.
Force Main
Force main piping should be designed to maintain velocities between 2 and 8 feet per second (fps),
Force main recommendations are shown in Table 4.
Project No. 20-2887 Page 4 of 6 Basin 7 Flow Projections
April 2021 City of Port Orchard
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Table 4
Recommended Force Main Sizing
Pipe Diameter (in)
Vertical discharge piping 4
Piping for single pump 4 or 6
Common piping 6
wet well
The wet well should be sized to accommodate three pumps for a future peak hour flow of 550
gpm. In addition to being large enough to physically fit three pumps, the number of starts per hour
needs to be below that recommended by the pump manufacturer for the selected pump.
Basin 7 Project Phasing
North Sidney Lift Station and Associated Improvements
The NSLS will be constructed as part of the Sidney Road Apartments. It will connect to the existing
6-inch ALS force main. Impacts to the ALS and grinder pumps connected to the 6-inch ALS force
main should be monitored after construction is complete and NSLS is in operation.
The NSLS needs to accommodate flows from throughout the basin and minimize future
construction in the roadway. Therefore, the following additional improvements are required when
the NSLS is constructed:
* 10-inch gravity sewer along the frontage up to the intersection of Hovde and Sidney Road
SW.
Install sewer laterals to the property line along the gravity sewer alignment to avoid cutting
into roadway in the future.
■ 10-inch dry force main, capped at both ends, along the entirety of the frontage of Parcels
112301-2-053-2007 and 112301-2-009-2002, and north to the termination of the new 10-
inch gravity sewer. This improvement may be deferred to a later date if it is determined
that the preferred location of this force main is to be in the western half of the Sidney Road
SW right of way.
Albertsons Lift Station Improvements
Improvements to the ALS are currently being planned to increase the capacity and reliability and
to serve the Stetson Heights development. Improvements to this lift station will need to be
designed to avoid overwhelming the grinder pumps connected to the ALS force main.
Project No. 20-2887
April 2021
Page 5 of 6
Basin 7 Flow Projections
City of Port Orchard
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South Sidney Lift Station and Associated Improvements
As development south of Ruby Creek occurs, a new South Sidney Lift Station (SSLS) will be
constructed to serve Basin 7 south of Ruby Creek. A gravity sewer will be constructed in Sidney
Road to divert flow from the ALS towards the SSLS. A new 10-inch force main will be constructed
to serve the lift station and will discharge to the gravity sewer north of SR-16.
After construction of the SSLS and associated gravity sewer and force main, the only flow in the 6-
inch force main will be from the ALS, grinder pumps, and the NSLS. As flows to the NSLS increase,
the ALS and grinder pumps may experience a reduction of capacity due to an increase in dynamic
head loss in the force main. If the decrease in capacity overwhelms the ability to keep up with
peak flows, the ALS and grinder pumps will need to be connected to the gravity sewer upstream
of the SSLS. Due to changes in hydraulics, this may require converting or replacing the ALS with a
grinder pump station. These changes should be evaluated in more detail during design of the SSLS.
Sidney Road Apartments NSLS Capacity Share
The NSLS will be constructed as part of the Sidney Road Apartments project. As described above,
it will be sized to serve the entire basin. The mechanical and electrical equipment will be sized for
the probable development projections, and the wet well and gravity sewer will be sized for the
high development scenario.
Sidney Road Apartments will use approximately 35 percent of the capacity of the mechanical and
electrical equipment and 17 percent of the wet well and gravity sewer capacity. Although opinions
of project cost have not been developed, the mechanical and electrical equipment will likely
account for 70 percent of the total project cost, and the wet well and gravity sewer the remaining
30 percent. Using a weighted average, the Sidney Road Apartments will use approximately 30
percent of the NSLS capacity.
Project No. 20-2887
April 2021
Page 6 of 6
Basin 7 Flow Projections
City of Port Orchard
Page 76 of 319
00
n
Exhibit E to GFF Credit Agreement o
D
Sidney Road Apartments, L.L.C.
a.
The maximum credit shall be the lesser of a., b., c. a) thods below:
a. Maximum Sewer General Facility Fee Method available for credit: $ 1, 750,000
($2,500,000 x 70%) I
b.
Certified Project Cost Method available for credit: (Certified
Construction Cost (including dedicated land value & soft costs) x 70%
TBD
$ 1,841,400
Sewer GFF Credit Evaluation Data &
Inputs
C.
Total Sewer General Facility Fee owned by Developer (estimated)
($8,525 x 216)
Criteria for Sewer General Facility Fee Credit Calculation
Per POMC 13.04.040
1.
Verify the proposed project was included in the Sewer General Facility
Fee Amt
Sewer Comprehensive Plan #6-5C
(Ord. 008-21) & (See Exhibits C and D)
2.
Identify the project cost established for Sewer Improvement
Project in the Sewer General Facility Fee
$ 2,500,000
3.
Identify and agreed upon ERU's for the Facility and agreement*
423
a.
Number of ERU's agreed for Developer needs of the total facility*
Percentage ERU's for Developer needs of the total facility*
127
b.
30%
c.
Number of ERU's agreed for Excess Capacity of the total facility*
296
d,
Percentage ERU's for Excess Capacity of the total facility*
70%
4.
Identify the Certified Construction Cost (as defined in line b above)
TBD
5.
Identify current Sewer General Facility Fee at time of agreement
$ 8,525
6.
Identify and agree est. Sewer General Facility Fee (per ERUs) to be
paid by Developer for this agreement*
Derived from Technical Memo
216 ERUs for the Development
Project
*
See Exhibit D
Page 77 of 319
DocuSign Envelope ID: A311DB15-EF16-4293-A16C-1592C06528BF
W-.0
City of Port Orchard
Nick Bond, Community Development Director
216 Prospect Street
Port Orchard, WA 98366
Dear Nick Bond:
Back to Agenda
This letter is intended to serve as certification that each cost represented in the enclosed Sewer Lift
Station Certified Costs document is true and accurate.
Sincerely,
EDocuSigned by:
vial� ids"
94668654EECA428...
Brianne Kelsey
Senior Director of Development
Enclosure
601 UNION STREET, SUITE 3500 1 SEAPTIV Y*aff qb 1 206.233.9600 1 TARRAGON.COM
Back to Agenda
TARRAGON
Haven Apartments
Certified Costs: Sewer Lift Station
Prepared: 2/8/2023
SEWER LIFT STATIO ACTUAL COST
Hard Costs
Sewer Lift Station Equipment + Commissioning
INCLUSION
Includes material design, supply, and fabrication by Romtec Utilities, Inc.
Structural, Mechanical, Electrical Design
$80,843.00
Supply/Fabrication + Install
$440,762.00
Spare Pump
$29,753.00
Back -Up Generator
$68,150.00
Back -Up Diesel Pump
$114,505.00
Design + Supply of Control Shelter
$18,824.00
Freight
$16,929.00
Subtotal
$769,766.00
Construction Surveying + As-Builts
For sewer lift station + Hovde sewer installations, by WE Coates.
Subtotal
$9,783.40
ROW Repair + Restoration
Hovde construction entry, asphalt demo, driveway prep, etc. by T Barger.
Subtotal
$40,140.90
Sewer Lift Station Installation
Includes crane rental, utility connections, excavation, installations, etc. by T Barger.
Mobilization/GPS Model
$20,000.00
Onsite Management (Six Weeks)
$48,000.00
Traffic Control
$109,834.20
Excavation + Installation
$287,434.00
Water Connections
$8,585.00
Electrical Connections
$141,874.20
Erosion Control
$3,506.25
Subtotal
$619,233.65
Fencing
Chain link w/razor wire + gates by Western Pacific Fence, LLC. Post core drills by Evergreen.
Subtotal
$31,246.65
Foundation (Concrete Pads)
Includes pump + generator pads, shelter footings/slab, etc. by Sunset Concrete.
Subtotal
$7,823.00
Paving (Asphalt)
Lift station paving by Puget Paving.
Subtotal
$15,230.00
Concrete Entry
Includes 14-lineal foot ramp curb, 6" lift station entry by Highmark Concrete.
Subtotal
$3,789.95
Vacuum Cleanout
By Pro -Vac for CCTV scan.
Subtotal
$3,095.60
SCADA Communication System
Includes design, labor, supervision, equipment, transportation, etc. for supply/install by Technical Systems Inc.
Subtotal
$23,050.00
Offsite Sewer in Hovde Road
Includes force main + gravity sewer line installations
Subtotal
$627,848.88
Hovde Road Repairs
Subtotal
$94,600.42
Sales Tax
Subtotal
$188,274.19
HARD COSTS SUBTOTAL
$2,433,882.65
Page 79 of 319
Back to Agenda
TARRAGON
Haven Apartments
Certified Costs: Sewer Lift Station
Prepared: 2/8/2023
SEWER LIFT STATIOI� ACTUAL COST INCLUSION
General Conditions $194,710.61 8% of hard costs.
Construction Management $170,371.79 7% of hard costs.
.04
Soft Costs
Design
$21,800.00
ESM Civil Engineering of lift station property and Hovde Road sewer lines.
Permitting
$41,175.72
Fees paid under PW20-064, PW21-811, CS21-010. Includes water meter+ connection charges.
Bonding
$10,076.27
Estimate for two-yr. Warranty + Maintenance Bond.
Legal
$16,971.50
Actual McCullough Hill and Inslee Best legal fees for GFF Agreement.
Accounting
$3,141.87
Based on lift station's percentage of total project hard costs.
Taxes
$252.50
Based on lift station parcel's percentage of total Haven Apts site area.
Insurance
Financing
$14,858.82
Based on lift station's percentage of total project hard costs.
$1,375.50
Based on lift station parcel's percentage of total Haven Apts site area.
Interest $146,975.02 Land Loan + Construction Loan Interest on Lift Station costs only.
TAL SOFT COSTSnd Value
rrd Value $20,530.00
TAL F-,TkTl ff$20,53W
TOTAL•COSTS
Per July 2021 appraisal by ABS Valuation.
Minimum Cost Threshold for Credits:
$2,500,000.00
Per GFF Agreement
Variance of Actual Costs to Threshold:
$576,122.25
Amount project exceeded threshold set out in GFF Agreement.
Maximum Credits Available:
$1,750,000.00
Credits available per GFF Agreement.
Sewer Connection Charges Paid:
$880,554.33
At building permit issuances.
Page 80 of 319
awaw-
Agenda Item No
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7C
Adoption of a Resolution Accepting
Meeting Date:
Prepared by:
Transportation Improvement Program
Project #23C, Documenting Certified Atty Routing No
Constructions Costs, and Establishing the Atty Review Date
Maximum Transportation Impact Fee
Credits Pursuant to Contract C076-21,
And accepting a Deed for right of Way
Back to Agenda
March 28, 2023
Tony Lang
Public Works Director
366922-0009 — PW
03/23/2023
Summary: On July 13, 2021, the City and Sidney Road Apartments LLC entered into a development
agreement for impact fee credits identified as Contract C076-21. This agreement required the required
the construction of various transportation improvements, the dedication of right of way property, and
provided a framework to grant traffic impact fee credits to Sidney Road Apartments. Contract C076-21
also provided a framework for a parks impact fee credit in exchange for the dedication of property for
parks use, but accepting park lands and establishing a park impact fee credit value will be done in a
separate resolution to be reviewed and discussed at a later date. Sidney Road Apartments has recently
completed the construction of a portion of the Sidney Road Widening project identified as TIP Project
#2.05. Contract C076-21, Section 12 stipulates that Sidney Road Apartments LLC would receive credit
equal to the lesser of the actual costs incurred by the developer as certified by the city or applicable
transportation impact fees due for the project totaling $469,800.
On February 10, 2021, the City received certified construction cost documentation from Sidney Road
Apartments LLC, for TIP Project #2.05 showing total expenditures of $580,084.80. The City engineer
reviewed the certified construction costs as submitted and after review accepted certified construction
costs of $580,085. The total impact fees owed by Sidney Road Apartments LLC for the project
($469,800) is less than the certified construction costs for TIP Project #2.05 ($580,085)
The City wishes to document the maximum approved traffic impact fee amount granted to Sidney
Road Apartments, LLC for the construction of TIP project 1.5C. A bill of sale has been provided to the
city and the city wishes to formally accept the dedication of the frontage improvements associated
with TIP Project #2.05. A deed has also been prepared for the right of way dedication associated with
TIP project #2.05.
Relationship to Comprehensive Plan: Chapter 8 - Transportation
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the dedication
of a portion of the Sidney Road Widening Project, TIP Project 2.05, documenting Certified Construction
Page 81 of 319
Costs, accepting a deed for the right of way dedication as attached hereto as I Back to Agenda g
maximum Transportation Impact Fee Credits.
Motion for Consideration: I move to adopt a Resolution accepting the dedication of a portion of the
Sidney Road Widening Project, TIP Project 2.05, and authorizing the Mayor to execute related
documents.
Fiscal Impact: In accordance with Contract C076-21, the City will provide credits for properties paying
Transportation Impact Fees within the agreed -upon area up until the max credit amount of $469,800 is
reached.
Alternatives: Do not approve and provide alternative direction (note that due to the contract in place
pertaining to this issue, an executive session to discuss legal risk would be warranted prior to pursuing
any alternatives to approval).
Attachments: Resolution
Bill of Sale
Ordinance 007-21- Impact Fees
Agreement C076-21 Sidney Road Apartments, LLC-Transportation
Certified Construction Costs
Exhibit A -Right of Way Dedication
Page 82 of 319
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING
TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #2.05, DOCUMENTING
CERTIFIED CONSTRUCTION COSTS, ESTABLISHING THE MAXIMUM
TRANSPORTATION IMPACT FEE CREDITS GRANTED PURUANT TO CONTRACT
C076-21, AND ACCEPTING A DEED FOR RIGHT-OF-WAY ASSOCIATED WITH TIP
PROJECT #2.05
WHEREAS; on July 13, 2021 the City and Sidney Road Apartments LLC entered into a
development agreement for impact fee credits identified as Contract C076-21; and
WHEREAS; Contract C076-21 required the construction of various transportation
improvements, the dedication of right of way property, and provided a framework, consistent with
Port Orchard Municipal Code (POMC) 20.182.080, to grant traffic impact fee credits to Sidney Road
Apartments; and
WHEREAS; Contract C076-21 also provided a framework, consistent with POMC
20.182.080, for a parks impact fee credit in exchange for the dedication of property for parks use,
however, accepting park lands and establishing a park impact fee credit value will be done in a
separate resolution to be reviewed and discussed at a later date; and
WHEREAS; Sidney Road Apartments has recently completed the construction of a portion
of the Sidney Road Widening project identified as TIP Project #2.05; and
WHEREAS, Contract C076-21, Section 12 stipulates that Sidney Road Apartments LLC
would receive credit equal to the lesser of the actual costs incurred by the developer as certified
by the city or applicable transportation impact fees due for the project totaling $469,800; and
WHEREAS, on February 10, 2021, the City received certified construction cost
documentation from Sidney Road Apartments LLC, for TIP Project #2.05 showing total
expenditures of $580,084.80; and
WHEREAS, the City engineer reviewed the certified construction costs as submitted and
after review accepted certified construction costs of $580,085; and
WHEREAS, the total impact fees owed by Sidney Road Apartments LLC for the project
($469,800) is less than the certified construction costs for TIP Project #2.05 ($580,085); and
WHEREAS, the City wishes to document the maximum approved traffic impact fee amount
granted to Sidney Road Apartments, LLC for the construction of TIP project 1.5C; and
Page 83 of 319
Back to Agenda
Resolution No.
Page 2 of 2
WHEREAS, staff have confirmed that Sidney Road Apartments, LLC have met all the
requirements set out in Port Orchard Municipal Code 20.182.080 and City Contract C076-21
necessary to support a finding that the project is complete; and
WHEREAS, all necessary documents have been provided to the city, and the City Council
wishes to formally accept the dedication of the frontage improvements associated with TIP Project
#2.05; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City hereby accepts the dedication of a portion of the Sidney Road Widening
Project, TIP Project 2.05.
THAT: Pursuant to Contract C076-21, a maximum traffic impact fee credit amount for
TIP Project 2.05 is hereby established in the amount of $469,800. The Mayor or his designee is
authorized to take all actions necessary to effectuate the terms of Contract C076-21 pertaining
to this credit.
THAT: Consistent with the aforementioned, the Council accepts the following and
authorizes the Mayor to execute all necessary documents to effectuate this acceptance:
1. A deed for the right of way dedication as attached hereto as Exhibit A and
incorporated herein by this reference.
2. Bill of Sale, attached as Exhibit C and incorporated herein by this reference; and
3. All other documents required by POMC 13.04.040 and CIP Project #6-5C.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28' day of March 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 84 of 319
m
BILL, OF SALE
THIS BILL OF SALE is made and executed this )II day of March , 2023,by
and between Haven on Sidney L.L.C. , a Washington Limited Liability Corporation,
hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter
called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City
of Port Orchard ownership in the following described personal property situated in Kitsap County,
State of Washington, and installed by the Grantor to date, TO WIT:
Frontage improvements contained within the dedication area as described in the enclosed ROW
Dedication Deed and for which actual construction costs are provided in the enclosed Certified
Costs Letter. Improvements include City standard sidewalks, landscaping, parking, as well as
underground utilities.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above
conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full
power to convey and transfer the same, and that the Grantor will defend the same against the
claims and demands of any and all persons lawfully making claims thereto. The Grantor further
warrants that the execution of this Bill of Sale is an authorized act of said Grantor.
Dated at Sin 77LF- , Washington, this�H day of March 2023
[Remainder of page intentionally left blank]
P;lSmety fo-u5Bill of SaICIAppWwd by interim A11yW l of Aa— Master Form
GRANTOR: (Haven on Sidney L.L.C.
By: Investco L.L.C., its Manager
By /co1,,..
Print Name Jordan Schenk, Vice President/Portfolio Manager)
Page 85 of 319
Back to Agenda
STATE OF WASHINGTON )
)ss
COUNTY OF K i N C- )
On this 2,4TH day of March , 2023, before me personally appeared
.Jordan Schenk, Vice President/Portfolio Manager of Investco L.L.C., manager of
Haven on Sidney LL.C_ , a limited liability corporation, that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument.
Given under my hand and official seal this 'L4111 day of March , 20 23 .
4Q-� �sgioti"'to
,`y i
Y-Q,��,ortA� .`.' 0 � Notary Publi and for a State of Washington,
�� '�,� residing in
s 186571 y s
My commission expires-41 tJ 202
y `%r+� O
AZ
/1111 O P WASN\"
�%M
Dated at Port Orchard, Washington, this day of 20^
CITY OF PORT ORCHARD
Tony Lang, Public Works Director
STATE OF WASHINGTON )
)ss
COUNTY OF KITSAP )
On this day and year above personally appeared before me, Mark R. Dorsey, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned,
and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of , 20_
Notary Public in and for the State of Washington,
residing in
My commission expires
P;\Suretyfor kBillof Sale\approvedbyInterim Atty\Uillorsale—Nimter Form
Page 86 of 319
Back to Agenda
ORDINANCE NO. 007-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING TRANSPORTATION IMPACT FEES; AMENDING SECTION
20.182.060 OF THE PORT ORCHARD MUNICIPAL CODE TO ADOPT A NEW
TRANSPORTATION IMPACT FEE SCHEDULE, CLARIFYING ADOPTION
PROCEDURES AND INDEXING TRANSPORTATION IMPACT FEES TO CPI-U;
ADDING A NEW SECTION 20.182.125 TO THE PORT ORCHARD MUNICIPAL
CODE TO DESIGNATE THE CITY'S 6 YEAR/20 YEAR TRANSPORTATION
IMPROVEMENT PLAN AS THE CAPITAL FACILITIES PLAN FOR
TRANSPORTATION; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and
related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides
adequate public facilities to serve development; and
WHEREAS, counties, cities, and towns that are required or choose to plan under RCW
36.70A.040 are authorized to impose impact fees on development activity as part of the
financing for public facilities, provided that the financing or system improvements to serve
new development must provide for a balance between impact fees and other sources of
public funds and cannot rely solely on impact fees; and
WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and
towns planning under the Growth Management Act (GMA) to impose impact fees for public
streets and roads, publicly owned parks, open space, and recreation facilities, and school
facilities, and fire protection facilities; and
WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact
fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and
Appendices A-C in Exhibit 1 of Ordinance 019-17; and
WHEREAS, the City Council finds that new development activity in the City of Port Orchard
will create additional demand and need for public facilities; and
WHEREAS, the City of Port Orchard has previously adopted a transportation impact fee
program pursuant to the authority provided in Chapter 82.02 RCW; and
WHEREAS, in 2015 the City's current transportation impact fee rate was established at
$2,552 per new PM peak hour trip, with a separate impact fee rate of $560 per new PM peak
hour trip applied to growth in the McCormick Woods PUD; and
Page 87 of 319
Ordinance No. 007-21
Page 2 of 37
Back to Agenda
WHEREAS, this year the City Council adopted the City's 6 Year/20 Year Transportation
Improvement Plan (TIP) as part of the City's Comprehensive Plan (Ordinance 015-20); and
WHEREAS, the City Council desires to adopt an updated transportation impact fee
schedule to ensure that all projects on the current TIP receive appropriate impact fee funding
per RCW Section 82.02.050; and
WHEREAS, the City Council deems it in the best interests of the city of Port Orchard
to formally designate the TIP as the "capital facilities plan" for the purpose of identifying the
proposed transportation improvements reasonable and necessary to meet the future
development needs of the service area consistent with the city's level of service policy, as
required by RCW 82.02.050; and
WHEREAS, the City contracted with Transportation Solutions, Inc. to prepare an
updated transportation impact fee rate study and recommended impact fee rate, which was
provided to the City in December 2020 (Exhibit A); and
WHEREAS, the City has prepared an updated transportation impact fee schedule
based on the findings and recommendations of the study prepared by Transportation
Solutions, Inc., and
WHEREAS, on January 19, 2021, the City Council held a study session on the updated
transportation impact fee schedule; and
WHEREAS, on February 9, 2021, at its regular meeting the City Council held a public
hearing on this ordinance, considered the updated transportation impact fee schedule and
the public testimony, and reviewed the ordinance proposed for its adoption; and
WHEREAS, the transportation, parks and school impact fees are currently adopted as
appendices to Chapter 20.182 of the Port Orchard Municipal Code, and
WHEREAS, the City Council desires to directly adopt the transportation, parks, and
school impact fees by ordinance, for ease of reference and use; and
WHEREAS, this ordinance is exempt from the requirements of the State
Environmental Policy Act (SEPA), Chapter 43,21C RCW, and the City's environmental
regulations, Chapter 20.160 POMC; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Page 88 of 319
Ordinance No. 007-21
Page 3 of 37
Back to Agenda
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.182.060 Fee schedules and establishment of service area.
(1) Impact fee schedules setting forth the amount of the impact fees to be paid by
developers aFe listed On the appendices attached to the „Fdin nee adapting this ,.hap r
shall be adopted by ordinance of the City Council and incorporated herein by this
reference. The read „r tFan peFt tier ; act fee schedule is On Appendix A aFk imp
fees a in Appendix B and wheel impact fees aFe On Appendix C. The impact fee
schedules may be revised at any time the city council deems just and appropriate.
(2) For the purpose of road and park impact fees, the entire city shall be considered one
service area.
(3) For the purpose of school impact fees, the entire boundary of the school district shall
be considered one service area.
(4) Transportation impact fees adopted by the City shall automatically increase annually
per CPI-U (All Urban Consumers Index) (1982-1984=100), not seasonally adjusted, for the
Seattle -Tacoma -Bellevue area for that 12-month period from January 1St to December 31St
Indexed as the Annual Average, as is specified by the Bureau of Labor Statistics, United
States Department of Labor. Increases based on CPI-U shall take effect on March 1St of
the following vear.
SECTION 3. A new subsection 20.182.125 is hereby added to the Port Orchard
Municipal Code to read as follows:
20.182.125 Designation of Capital Facilities Plan for Transportation.
The city designates the 6 Year/20 Year Transportation Improvement Plan (TIP) as the
City's comprehensive capital facilities plan for the purpose of identifying the proposed
transportation improvements reasonable and necessary to meet the future development
needs of the service area consistent with the city's level of service policy, as required by RCW
82.02.050. The TIP identifies the specific subset of transportation improvements in the impact
fee project list that forms the basis for the transportation impact fee program.
SECTION 4. Adoption of Transportation Impact Fee Schedule. The City hereby adopts a
new transportation impact fee schedule which is included as a part of Exhibit A to this
ordinance, in accordance with POMC 20.182.060. This transportation impact fee schedule
Page 89 of 319
Back to Agenda
Ordinance No. 007-21
Page 4 of 37
shall become effective on the effective date established in Section 9 below and shall replace
and supersede any previously adopted transportation impact fee schedule.
SECTION S. Park and School Impact Fees Unchanged. The park and school impact fee
schedules that were previously adopted by the City Council shall remain in effect and are
respectively shown on Exhibits B and C of this ordinance.
SECTION 6. Sections 4 and 5 of this Ordinance are deemed of special effect and shall not
be codified.
SECTION 7. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk, and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 9. Effective Date. This ordinance shall be in full force and effective February
23, 2021. A summary of this ordinance in the form of the ordinance title may be published
in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 9th day of February 2021.
Robert Putaansuu, Mayor
ATT
Br ndy ffn6mcrn, MMC, City Clerk
APPROVED AS TO FORM- Sponsored by;
If111111I{�+rq+',
Charlotte A. Archer, City AttorAn
f pRT gRC;at, Scott Diener, Councilmember
SAL
WA H���`'•
Pa' 9 of 319
Ordinance No. 007-21
Page 5 of 37
Back to Agenda
PUBLISHED: February 11, 2021
EFFECTIVE DATE: February 23, 2021
EXHIBIT A: TRANSPORTATION IMPACT FEE SCHEDULE WITH RATE STUDY (2021)
EXHIBIT B: PARKS IMPACT FEE SCHEDULE (EXISTING)
EXHIBIT C: SCHOOL IMPACT FEE SCHEDULE (EXISTING)
Page 91 of 319
Transportation
� .00!!!4
INNOVATIVE I PRACTICAL
Solutions
I EQUITABLE
F0ImR MA
Ordinance No. 007-21
Back to Agenda
TRANSPORTATION IMPACT FEE RATE STUDY
2020 UPDATE
FINAL REPORT
December 2020
Prepared for:
City of Port Orchard
Prepared by:
Transportation Solutions, Inc.
16932 Woodinville -Redmond Rd NE
Suite A206
Woodinville, WA 98072
Page 92 of 319
Back to Agenda
City of Port Orchard
Table of Contents
2020 Transportation Impact Fee Rate Update
1. Introduction....................................................................................................................................... 1
Definitionof Impact Fees ............................... .,,................ ....
... .................................................................. ........... 1
StatutoryBasis for Impact Fees ...... :..::.:.......... :..........................................................................................
......... 1
2. Impact Fee Analysis............................................................................................................................ 2
Methodology......................................................................................................................................................
2
CurrentImpact Fee Methodology ............................ ..............
.. .....,........................................I....... 2
Projects Eligible for Impact Fees..........................................................................................................................
2
EligibleProject Costs ......................................................................................................................................
3
ImpactFee Calculation.......................................................................................,.............................................
3
Sample Transportation Impact Fees .................................. :::
................................. .............................................. 6
3. Additional Issues for Consideration..................................................................................................... 6
Anticipated Annual Revenues from Impact Fees................................................................................................
6
AnticipatedGrant Revenue...............................................................................................................................:..
6
Anticipated Need for Other Public Funds...........................................................................................................
7
4. Transportation Impact Fee Rate Comparison..................................................................................... 7
5. Credits and Adjustments..................................................................................................................... 7
ImpactFee Credits.................................................................._.........................................................................
7
IndependentFee Calculation ........................ .............................................................
......................................... 8
Construction Cost Index Adjustment ................ ................... ................................
:............................................... 8
6. Conclusions........................................................................................................................................ 8
Appendices
Appendix A. Transportation Impact Fee Project List
Appendix B. Transportation Impact Fee Rate Schedule
Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington
List of Tables
Table 1. Impact Fee -Eligible Transportation Improvement Projects....................................................................... S
Table 2. Transportation Impact Fee Comparison for Typical Land Uses...........,,,...,............................................... 6
Transportation Solutions, Inc.
December 2020
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1. Introduction
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This document summarizes the development of an updated transportation impact fee rate for the City
of Port Orchard. It describes the existing impact fee rate, the basis for the fee, the rate methodology,
the impact fee project list, and the recommended fee rate.
Definition of Impact Fees
Impact fees are a comprehensive grouping of charges based on new development within a local
municipality. These fees are assessed to pay for capital facility improvement projects necessitated by
new development growth (including but not limited to parks, schools, and streets/roads).
Transportation impact fees are collected to fund improvements that add capacity to the transportation
system, accommodating the travel demand created by new development. The Revised Code of
Washington (RCW) Section 82.02.050 identifies the intent of impact fees as the following:
To ensure that adequate facilities are available to serve new growth and development;
To promote orderly growth and development by establishing standards by which counties, cities,
and towns may require, by ordinance, that new growth and development pay a proportionate
share of the cost of new facilities needed to serve new growth and development; and
To ensure that impact fees are imposed through established procedures and criteria so that
specific developments do not pay arbitrary fees or duplicative fees for the same impact.
Statutory Basis for Impact Fees
Transportation impact fees are a financing mechanism authorized by the Growth Management Act
(GMA) of Washington State (see RCW 36.70A.070 and 82.02.050). State law imposes strict limitations on
impact fees. These limitations are intended to assure property owners that the fees collected are
reasonably related to their actual impacts and will not be used for unrelated purposes.
If impact fees are imposed, the funds collected from developments can be expended only on
transportation system improvements which are: (a) identified in the comprehensive plan as needed for
growth, and (b) reasonably related to the impacts of the new development from which fees are
collected.
Specifically, condition (a) requires that impact fees are not used on improvements needed to remedy
existing deficiencies. Those needs must be entirely funded from public sector resources. Condition (b) is
satisfied if the local government defines a reasonable service area, identifies the public facilities within
the service area that require improvement during the designated planning period, and prepares a fee
schedule taking into account the type and size of the development as well as the type of public facility
being funded.
To achieve the goal of simplicity, impact fee calculations are applied on an average basis for the entire
transportation system, rather than project -by -project. This is a key difference between impact fees and
State Environmental Policy Act (SEPA) mitigation, whereby pro-rata shares of specific project
improvements are collected.
Pre -calculated impact fees are easier to administer than traditional SEPA development mitigation, at the
point of development review. However, more complex administrative procedures are necessary to track
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the funds collected from each development. This is necessary to assure that the funds are expended
only on eligible transportation system improvements and to assure that impact fee revenues are used
within six years. Fees not expended within six years must be refunded with interest to the current
owner of the property.
The methodology and results described below are consistent with the requirements of the GMA. The
procedures and recommendations described herein can be formally enacted by an impact fee ordinance
incorporating this memo by reference.
2. Impact Fee Analysis
Methodology
The conceptual basis for the transportation impact fee is that growth (i.e. new development) should pay
a proportionate share of the cost to provide future transportation capacity. This proportionate share is
calculated based on the estimated cost of growth -related transportation improvement projects
identified in the Comprehensive Plan and on an estimate of growth's share of capacity utilization for
each project. The impact fee analysis is limited to projects that provide capacity improvements needed
for growth. Projects related to maintenance, such as pavement overlays and physical obsolescence, as
well as improvements necessary to mitigate existing capacity deficiencies, are not eligible for impact fee
funding. However, agencies have been encouraged by the Department of Commerce to consider
multimodal transportation improvements and, to that end, shoulder widening, sidewalks, bike lanes and
parallel trails are reasonable to include as both motorized and nonmotorized capacity enhancements.
Current Impact Fee Methodology
The Port Orchard transportation impact fee program was developed and adopted in 2015 as ordinance
number 023-15 and later reorganized under ordinance number 019-17. The impact fee methodology is
based on proportionate growth share of impact fee eligible project costs.
As of December 2020, the transportation impact fee rate is $2,552 per new PM peak hour trip. A
separate impact fee rate of $560 per new PM peak hour trip is applied to growth in the McCormick
Woods PUD. This rate represents the difference between the citywide rate and a GEM1 fee rate of
$1,992 per trip which was required per the McCormick Woods Development Agreement adopted in
2005.
Projects Eligible for Impact Fees
Not all planned transportation projects and programs are eligible for impact fees. Planned improvement
project are divided below into the following categories in order to establish a list of qualifying projects
that will form the basis for the Port Orchard impact fee rate:
• Project Improvements
• Planned Transportation Projects needed within 20 years
• Maintenance Projects
Proeect Improvements
Project improvements are transportation improvements necessary for a specific development that do
not provide significant system benefits. These are typically low -volume local streets that serve driveways
and parking areas. They may provide connections to other developments, but not for the purpose of
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significant system capacity. Other project improvements include safety improvements and new access
connections to existing arterials that serve only one development. Project improvements are typically
required by other development regulations or as SEPA mitigation for specific development impacts not
anticipated in the Comprehensive Plan. Project improvements are not eligible for impact fees. For the
purpose of this rate analysis, roadway extensions that connected existing developments, but were not
significant arterials, were considered project improvements that could be required under other City
codes and regulations but would not be included in the impact fee calculation.
Planned Transportation Projects
The Port Orchard 2021-2040 Transportation Improvement Program (TIP) identifies transportation
projects which are needed to serve traffic growth for the next twenty years. Projects with capacity
benefits are eligible for impact fee funding. Capacity -related improvements may include adding turn
lanes, lane widening or separating non -motorized modes, adding signals or roundabouts for intersection
capacity, or other improvements. The methodology for roadway capacity calculation is described in the
Transportation Element of the Comprehensive Plan. The proportional share of these projects reasonably
related to growth are eligible for impact fees.
Maintenance Projects
Maintenance programs, general studies, and non -capital activities are generally not eligible for impact
fees. A component of ongoing pavement preservation could be eligible for impact fees if it is
demonstrated that growth increases the magnitude of pavement reconstruction requirements. For
instance, if existing conditions require a two-inch asphalt overlay, but added traffic from growth
requires a three-inch asphalt overlay to achieve the same pavement life, the cost of the additional inch
of asphalt could be attributed to growth. If the overlay or reconstruction provides increased lane width,
intersection improvements, or shoulder widening the cost of the expansion could be considered eligible.
Eligible Project Costs
Impact fee eligible projects and their estimated costs are identified in Table 1. These costs include
various elements which are necessary for the construction of transportation improvements, including
design, permitting, right-of-way, construction, and construction management. Ongoing or future
maintenance is not an eligible impact fee cost. TIP projects which are not capacity -related, or which are
considered maintenance projects/programs are not included in the TIF project list.
Impact Fee Calculation
The impact fee was calculated based on the increase in PM peak hour vehicle trips resulting from
growth, the cost of improvements related to growth, and the City's transportation financing strategy, as
defined in the 2016 Comprehensive Plan. The calculation methodology is described below.
Local Funding Responsibility
Roadway projects are generally eligible for state and federal grant funds. These funds are not
predictable and vary in amount by grantor. Additionally, cost -sharing agreements with Washington State
Department of Transportation (WSDOT) and Kitsap County are anticipated to reduce some of the City's
project cost responsibility.
This analysis assumes the City will be responsible for 50 percent of total impact fee -eligible project costs
over the 20-year planning horizon, with the other 50 percent anticipated to be funded by grant and
intergovernmental revenue roadway projects.
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Exceptions were applied to the following projects which are anticipated to be fully funded by the City of
Port Orchard or by local development, with no grants or intergovernmental revenue:
• Bethel/Sedgwick Corridor Phase 1 Design (TIP #1.3)
• Old Clifton Rd Design — 60% (TIP #1.5A)
• Old Clifton Rd & Campus Parkway roundabout (TIP #1.5C)
• Old Clifton Rd & McCormick Woods Dr roundabout (TIP #2.08)
• Glenwood Connector Roadway (per development agreement)
• Feigley Rd improvements (per development agreement)
Proportionate Share of Project Cost
Growth's proportionate share of each improvement project was calculated as the proportion of added
capacity which will be used by new development trips, per the Port Orchard travel demand model.
The Port Orchard travel demand model was most recently updated and recalibrated in 2019. It
incorporates trip generation data published in the Institute of Transportation Engineers (ITE) Trip
Generation Manual, 10' Edition and calibrated to fit 2019 weekday PM peak hour traffic counts. The
travel demand model trip distribution and traffic assignment procedures were calibrated based on
regional and national guidance, including the Kitsap County travel demand model and Federal Highway
Administration travel demand model calibration guidance, in addition to local engineering expertise and
traffic counts.
To generate 2040 PM peak hour travel demand forecasts, the calibrated 2019 PM travel demand model
was modified to include housing and employment growth forecasts identified in the Port Orchard
Comprehensive Plan. A total of 7,352 new weekday PM peak hour trips are anticipated citywide
between 2019 and 2040. These new trips were assigned to the transportation network, resulting in
traffic growth forecasts for each intersection and roadway segment on the TIF project list.
The proportionate growth share of TIF project costs was calculated by dividing the 2019-2040 PM peak
hour trip growth by the capacity contribution, in vehicles per hour, of each improvement project:
[Proportionate Share o}'Pr ojr.-ct Cost/= PM peak tar trip growth
added PM peak hrcapaeity
The resulting proportionate share for each TIF project is identified in Table 1. Total project costs and
growth share are summarized below:
Total TIF Project Cost $145,863,474
Anticipated Grant & Intergovernmental Revenue $78,597,474
Anticipated City & Developer (Non -Grant) Responsibility $67,266,000
Growth/Development Share of Project Cost $36,343,224
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Table 1. Impact Fee -Eligible Transportation Improvement Projects
TIP
IDL
Project Name
Cast
Estimate {$)
Local
Share ($)
Growth
ar
ar
Share'
Growth Share
{$)
DA
Glenwood Connector Roadway
2,000,000
2,000,000
100%
2,000,000
1.1
Tremont St Widening CN Phase
23,600,000
7,570,000
24%
1,851,656
1.3
Bethel/Sedgwick Corridor Ph. 1 Design
1,211,000
1,211,000
24%
293,489
1.4
Old Clifton Rd/Anderson Hill Rd
Roundabout
2,420,000
968,000
81%
786,112
1.5A
Old Clifton Rd Design - 60%
562,000
562,000
100%
562,000
1.5C
Old Clifton Rd/Campus Pkwy Roundabout
1,600,000
1,600,000
100%
1,600,000
1.7
Vallair Ct Connector
2,498,000
1,249,000
8%
96,697
2.01
Sidney Ave (N) Widening
13,113,000
6,557,000
48%
3,144,444
2.02
Sedgwick Rd West Design/ROW
1,444,000
722,000
100%
722,000
2.03
2.04A
Sedgwick Rd West Constr.
Bethel/Sedgwick Corridor Ph. 1
ROW/Constr.
4,331,000
14,360,000
2,166,000
7,180,000
100%
24%
2,165,500
1,740,094
2.04B
Bethel/Sedgwick Corridor Ph. 2
17,498,000
5,249,000
28%
1,464,306
2.04C
Bethel/Sedgwick Corridor Ph. 3
6,111,000
1,833,000
5%
97,776
2.04D
Bethel/Sedgwick Corridor Ph. 4
9,179,000
4,590,000
45%
2,067,975
2.04E
Bethel/Sedgwick Corridor Ph. 5
11,059,000
5,530,000
100%
5,529,500
2.05
Sidney Rd (S) Widening
7,820,000
3,910,000
66%
2,593,367
2.06
Pottery Ave (N) Widening
1,998,000
999,000
28%
277,500
2.07
Old Clifton Rd Shoulder & Ped. Impr.
3,372,000
1,686,000
100%
1,686,000
2.08
Old Clifton Rd/McCormick Woods Dr
Roundabout
1,600,000
1,600,000
100%
1,600,000
2.09
Melcher St Widening
749,000
375,000
7%
25,279
2.1
Fireweed Rd Widening
468,000
234,000
5%
11,700
2.12
Sherman Ave Widening
656,000
328,000
5%
16,400
2.13
Tremont St Widening Ph. 2 - PO Blvd
10,684,000
5,342,000
100%
5,342,000
2.14
Pottery Ave (S) Widening
5,245,000
2,623,000
16%
415,119
2.16
Blueberry Rd Widening
749,000
375,000
22%
80,518
2.17
Geiger Rd Widening
468,000
234,000
5%
11,700
2.18
Salmonberry Rd Widening
281,000
141,000
21%
28,803
2.19
Piperberry Way Extension
468,000
234,000
11%
2S,66S
2.21
Old Clifton Rd/Feigley Rd Roundabout
243,000
122,000
26%
31,150
DA
Feigley Rd Improvements
76,474
76,000
100%
76,474
Total
145,863,474
67,266,000
54°%
36,343,224
'Project ID number in Port Orchard 2021-2040 Transportation Improvement Program. DA = development agreement project
2Portion of project cost which is anticipated to be funded by City of Port Orchard and developer funds (i.e. not funded by
grants or intergovernmental revenue)
3Portion of added capacity which is used by growth (i.e. new development). Developer -funded projects are assigned 100%
growth share.
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Impact Fee Rate
The citywide transportation impact fee rate was calculated by dividing the sum of the growth share of
TIF project cost by the total citywide PM peak hour trip growth forecast, as shown:
Development share ❑f project costs _ $36,343,224
Citywide PM trip growth 7,352 new trips = $4,943 / PM peak hour trip
Sample Transportation Impact Fees
Table 2 summarizes the fee rates which would be paid by several typical developments If the above
calculated rate were adopted in an impact fee ordinance. A comprehensive transportation impact fee
rate schedule is included in Appendix B.
Table 2. Transportation Impact Fee Comparison for Typical Land Uses
Land Use Type
ITE
LUC,
Trip
Rate
Per Unit
2015 TIF
Rate ($/unit)
2020 TIF
Rate f$/unit)
Single -Family Home
Low -Rise Multifamily
210
220
0.99
0.56
DU
DU
2,552
1,582
4,894
2,768
Senior Attached Housing
252
0.26
DU
638
1,285
General Office
710
1.15
1,000 ftZ
3,803
5,684
Shopping Center
820
2.51*
1,000 ftZ
6,406
12,110
Light Industrial
110
0.63
1,000 ftZ
2,476
3,114
'Land Use Code and trip rates per Institute of Transportation Engineers Trip Generation Manual 101h Edition
*Includes 34% reduction for pass -by trips, per Institute of Transportation Engineers Trip Generation Handbook
3. Additional Issues for Consideration
Anticipated Annual Revenues from Impact Fees
The anticipated annual revenue from the proposed transportation impact fee, based on the travel
demand growth forecast of 7,352 new trips by 2040, is shown below:
350 trips $4,9�1.3
* = $1,730,050 / year
year PM trip
The transportation impact fee is anticipated to generate an average of $1,730,050 per year. This
represents a 20-year average and may be more or less in any given year.
Anticipated Grant Revenue
Transportation improvement projects are generally eligible for state and federal grant funds. These
funds are not predictable and vary in amount by grantor. The financing plan in the Transportation
Element identifies a 50 percent grant and intergovernmental funding goal for roadway projects. This
assumption is applied in the impact fee rate calculation.
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Anticipated Need for Other Public Funds
The anticipated impact fee revenue does not fully fund the non -grant share of TIF project costs. The
anticipated need for other public funds is summarized below:
Total TIF Project Cost $145,863,474
Anticipated Grant & Intergovernmental Revenue $78,597,474
Growth/Development Share of Project Cost $36,343,224
Remaining Unfunded Commitment (2019-2040) $30,922,776
The City will need to identify other revenue sources to fund the remaining unfunded revenue
commitment of $30,922,776 associated with the TIF projects. This represents an annual funding
commitment of $1,546,139.
4. Transportation Impact Fee Rate Comparison
The City of Bellingham Public Works Department has compiled a list of transportation impact fee rates
for 79 public agencies in western Washington. The full comparison chart is included in Appendix B.
Provided below are current transportation impact fee rates for several agencies which are located near
Port Orchard. The updated impact fee rate of $4,943 per PM trip would be just above the western
Washington average rate, but far from the highest in western Washington.
Western WA Maximum Transportation Impact Fee:
City of Poulsbo Transportation Impact Fee:
City of Gig Harbor Transportation Impact Fee:
Proposed Port Orchard Transportation Impact Fee:
Western WA Average Transportation Impact Fee:
City of Bainbridge Island Transportation Impact Fee:
Kitsap County Transportation Impact Fee:
Western WA Minimum Transportation Impact Fee:
5. Credits and Adjustments
Impact Fee Credits
$14,064 (City of Sammamish)
$5,397
$5,020
$4,943
$4,363
$1,687
$700
$589 (City of Oak Harbor)
An applicant may request a credit for impact fees in the amount of the total value of system
improvements, including dedications of land, improvements, and/or construction provided by the
applicant. Credits should be considered on a case -by -case basis and shall not exceed the impact fee
payable.
Claims for credit should be made before the payment of the impact fee. Credits for the construction
should be provided only if the land, improvements, and/or the facility constructed are listed as planned
transportation projects in the Rate Analysis and Impact Fee Ordinance. Credits are not generally given
for code -based frontage improvements or right -or -way dedications, or direct access improvements to
and/or within the subject development (project improvements) unless the improvement is part of a
project listed in the Rate Analysis and Impact Fee Ordinance.
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Independent Fee Calculation
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An applicant may submit an independent fee calculation for a proposed development activity. The
documentation submitted should be prepared by a traffic engineer licensed in Washington State and
should be limited to adjustments in the trip generation rates used in the fee calculation.
Construction Cost Index Adjustment
Transportation impact fees should be adjusted yearly to account for inflation. Annual adjustments will
be based on the All -Urban Consumers Index (CPI-U) for the Seattle -Tacoma -Bellevue area for the
previous 12-month period from December to December as specified by the Bureau of Labor Statistics,
United States Department of Labor. The CPI adjustment would take effect on March 1.
6. Conclusions
The recommended transportation impact fee rate is $4,943 per new PM peak hour trip.
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Appendix A. Transportation Impact Fee Project List
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City of Port Orchard
Transportation Impact Fee Project List - 2020 Update
DA
Glenwood Connector Roadway
2,000,000
2,000,000
100%
2,000,000
1.1
Tremont St Widening CN Phase
23,600,000
7,570,000
24%
1,851,656
1.3
Bethel/Sedgwick Corridor Ph. 1 Design
1,211,000
1,211,000
24%
293,489
1.4
Old Clifton Rd/Anderson Hill Rd Roundabout
2,420,000
968,000
81%
786,112
1.5A
Old Clifton Rd Design - 60%
562,000
562,000
100%
562,000
1.5C
Old Clifton Rd/Campus Pkwy Roundabout
1,600,000
1,600,000
100%
1,600,000
1.7
Vallair Ct Connector
2,498,000
1,249,000
8%
96,697
2.01
Sidney Ave (N) Widening
13,113,000
6,557,000
48%
3,144,444
2.02
Sedgwick Rd West Design/ROW
1,444,000
722,000
100%
722,000
2.03
Sedgwick Rd West Constr,
4,331,000
2,166,000
100%
2,165,500
2.04A
Bethel/Sedgwick Corridor Ph. 1 ROW/Constr.
14,360,000
7,180,000
24%
1,740,094
2.0413
Bethel/Sedgwick Corridor Ph. 2
17,498,000
5,249,000
28%
1,464,306
2.04C
Bethel/Sedgwick Corridor Ph. 3
6,111,000
1,833,000
5%
97,776
2.04D
Bethel/Sedgwick Corridor Ph. 4
9,179,000
4,590,000
45%
2,067,975
2.04E
Bethel/Sedgwick Corridor Ph. 5
11,059,000
5,530,000
100%
5,529,500
2.05
Sidney Rd (S) Widening
7,820,000
3,910,000
66%
2,593,367
2.06
Pottery Ave (N) Widening
1,998,000
999,000
28%
277,500
2.07
Old Clifton Rd Shoulder & Ped. Impr.
3,372,000
1,686,000
100%
1,686,000
2.08
Old Clifton Rd/McCormick Woods Dr Roundabout
1,600,000
1,600,000
100%
1,600,000
2.09
Melcher St Widening
749,000
375,000
7%
25,279
2.1
Fireweed Rd Widening
468,000
234,000
5%
11,700
2.12
Sherman Ave Widening
656,000
328,000
5%
16,400
2.13
Tremont St Widening Ph. 2 - PO Blvd
10,684,000
5,342,000
100%
5,342,000
2.14
Pottery Ave (S) Widening
5,245,000
2,623,000
16%
415,119
2.16
Blueberry Rd Widening
749,000
375,000
22%
80,518
2.17
Geiger Rd Widening
468,000
234,000
5%
11,700
2.18
Salmonberry Rd Widening
281,000
141,000
21%
28,803
2.19
Piperberry Way Extension
468,000
234,000
11%
25,665
2.21
Old Clifton Rd/FeigleyRd Roundabout
243,000
122,000
26%
31,150
DA
Feigley Rd Improvements
76,474
76,000
100%
76,474
Total
Total Project Cost
146,863,474
$145,863,474
67,266,000
54%
36,343,224
Local Share (Development + City)%)
46%
Growth/Development Share ($)
$36,343,224
2019-2040 PM Peak Hour Trip Growth (vph)
7,352
2020 Transportation Impact Fee Rate ($/trip)
$4,943
Remaining Unfunded Commitment ($)
$30,922,776
Annual Funding Commitment ($/yr)
$1,546,139
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Appendix B. Transportation Impact Fee Rate Schedule
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City of Port Orchard Traffic Impact Fee Rate Schedule — Residential (2020 Update)
ITE
Code
ITE Land Use Category'
ITE Trip
Rate.--
Rate per
Unit'
Impact Fee per Unit
210
Single -Family Detached Housing
0.99
DU
$4,894
220
Low -Rise Multifamily Housing (1-2 floors)
0.56
DU
$2,768
221
Mid -Rise Multifamily Housing (3-10 floors)
0.44
DU
$2,175
230
Mid -Rise Residential w/ 1 st Floor Commercial
0.36
DU
$1,779
240
Mobile Home Park
0.46
DU
$2,274
251
Senior Housing Detached
0.30
DU
$1,483
252
Senior Housing Attached
0.26
DU
$1,285
253
Congregate Care Facility
0.18
DU
$890
254
Assisted Living
0.26
bed
$1,285
260
Recreational Home
0.28
DU
$1,384
270
Residential PUD
0.69
DU
$3,411
-
Accessory Dwelling Unit (<— 450 sf)
0.56
DU
$2,768
Accessory Dwelling Unit (> 450 sf)
0.28
DU
$1,384
Institute of Transportation Engineers, Trh Generation Manual ,(10th Edition)
2 Trip generation rate per development unit for PM peak hour of the adjacent street traffic (4-6 PM)
3 DU = Dwelling Unit
ORCHARD
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Pity of Pnrt Orrhard Traffir- Imnart Fee Rate Schedule- Non -Residential LUC 1-799 (2020 Luuarc,
ITE
ITE Land Use Category
Base Trip
% Primary
Net Trip I
Rate per
Impact Fee
Code'
Rate'
Trips
Rate
Unit'
per Unit
PORT AND
TERMINAL
30 1
Intennodal Truck Terminal
1.87
1.870
ksf
90
Park and Ride vnth Bus Service
0.43
0.430
s aca
2 t 25
INDUSTRIAL
110
General Light Industrial
0,fi3
0.630
130
Industrial Park
0.40
0.400
KSF
$1,977
140
Manufacturing
0.67
0.670
KSF
$3,312
150
Warehousing
0.19
0.190
KSF
$939
151
Mini Warehouse
0.17
0.170
KSF
$840
170
Utilities
2.27
2.270
KSF
$11,221
10
5 add Trade Cori tractor
1.97
1,970
KSF
9 738
LODGING
310
Hate)
0.60
0.buu
room $2,986
311
All Suites Hotel
0.36
0.360
room $1,779
312
Business Hotel
0.32
0.320
room $1,582
320
otel
0.38
0.380
room 1878
RECREATIONAL
411
Public Park
0.11
0.110
acre
$544
416
Campground/RV Park
0.27
0.270
site
$1,335
430
Golf Course
0.28
0.280
acre
$1,384
432
Golf Driving Range
1.25
1.250
tee
$6,179
433
Batting Cages
2.22
2.220
cage
$10,973
434
Rock Climbing Gym
1.64
1.640
KSF
$8,107
435
Multi -Purpose Recreational Facility
3.58
3.580
KSF
$17,696
437
Bowling Alley
1.16
1.160
KSF
$5,734
444
Movie Theater
14.60
*
14.600
screen
$72,168
445
Multiplex Movie Theater
13.73
13.730
screen
$67,867
488
Soccer Complex
16.43
16.430
field
$81,213
490
Tennis Courts
4.21
4.210
court
$20,810
491
Racquet/Tennis Club
3.82
3.820
court
$18,882
492
Health Fitness Club
3.45
3.450
KSF
$17,053
493
Athletic Club
6.29
6.290
KSF
$31,091
495
Recrea0 nal Communi Center
2.3.1
2.310
S
41 8
INSTITUTIONAL
520
Public Elementary School
1.37
1.370
KSF
$6,772
522
Public Middle/Junior High School
1.19
1.190
KSF
$5,882
530
Publlo High School
0.97
0.970
KSF
$4,795
537
Charter Elementary School
0.14
0.140
student
$692
538
School District Office
2.04
2.040
KSF
$10,084
540
Junior / Community College
1.86
1.860
KSF
$9,194
560
Church
0.49
0.490
KSF
$2,422
565
Day Care Center
11.12
44%
4.893
KSF
$24,185
566
Cemetery
0.46
0.460
acre
$2,274
571
Prison
0.05
0.050
bed
$247
575
Fire & Rescue Station
0.48
0.480
KSF
$.2,373
_M0.1kar,
8,16
8.160
KSF
40335
MEDICAL
610
Hospital
0.97
"
0.970
KSF
$4,795
620
Nursing Home
0.59
0.590
KSF
$2,916
630
Clinic
3.28
3.280
KSF
$16,213
640
Animal Hospital / Veterinary Clinic
3.53
3.530
KSF
$17.449
650
Freestandin Emar enc Room
1.52
1,520
kSF
7 513
OFFICE
710
General Office
1.15
1.150
KSF
$5,684
712
Single -Tenant Office (<5,000 so
2.45
2.450
KSF
$12,110
715
Single Tenant Office (>5,000 sf)
1.71
1.710
KSF
$8,453
720
MedicallDentalOffce
3.46
3.460
KSF
$17,103
730
Government Office Building
1.71
1.710
KSF
$6,453
732
US Post Office
11.21
11.210
KSF
$55,411
733
Government Office Complex
2.82
2.820
KSF
$13,939
750
Office Park
1.07
1.070
KSF
$5,289
760
Research and Development Center
0.49
0.490
KSF
$2,422
770
IBuslness Park
0,42
0,420
1 KSF
$2,076
' Institute ofTransportabon Engineers, Irlp Generation Manua1O00t haioon)
' Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm).
a DU = Dwelling Unit; KSF = 1,000 square feet; VSP = Vehicle servicing position
` Pass -by and diverted trip rate data not available. Primary trip rates may be applied based on local data, development context, and engineering judgment
Page 106 of 319
Back to Agenda
Citv of Port Orchard Traffic Inniinc.t Fea Rate RrhPdi le - Nnn.RPsiriPntial I I Ir mn.ano rqn?n i in i5ror
ITE
Code
RETAIL
ITE Land Use Cate o
9 ry
Base Trip
Rate'
% Primary
Trips'
Net Trip
Rate
Rate per
Unit'
Impact Fee
per Unit
810
Tractor Supply Store
1.40
56%
0.924
KSF
$4,567
811
Construction Equipment Rental Store
0.99
74%
0.733
KSF
$3,621
812
Building Materials and Lumber Store
2.06
74%
1.524
KSF
$7,535
813
Free -Standing Discount Superstore (w/ Grocery)
4.33
71 %
3.074
KSF
$15,196
814
Variety Store
6.84
66%
4.514
KSF
$22,315
815
Free Standing Discount Store (w/o Grocery)
4.83
83%
4.009
KSF
$19,816
816
Hardware/Paint Store
2.68
74%
1.983
KSF
$9,803
817
Nursery (Garden Center)
6.94
74%
5.136
KSF
$25,385
818
Nursery (Wholesale)
5.18
74%
3.833
KSF
$18,948
820
Shopping Center
3.81
66%
2.515
KSF
$12,430
823
Factory Outlet Center
2.29
66%
1.511
KSF
$7,471
840
Automobile Sales (New)
2.43
100%
2.430
KSF
$12,011
841
Automobile Sales (Used)
3.75
100%
3.750
KSF
$18,536
842
Recreational Vehicle Sales
0.77
100%
0.770
KSF
$3,806
843
Automobile Parts Sales
4.91
44%
2.160
KSF
$10,679
848
Tire Store
3.98
72%
2.866
KSF
$14,165
849
Tire Superstore
2.11
72%
1.519
KSF
$7.09
850
Supermarket
9.24
64%
5.914
KSF
$29,231
851
Convenience Market
49.11
49%
24.064
KSF
$118,948
853
Convenience Market w/Gas Pumps
49.23
17%
8.369
VFP
$41,366
854
Discount Supermarket
8.38
51%
4.274
KSF
$21.126
857
Discount Club
4.18
63%
2.633
KSF
$13,017
861
Sporting Goods Superstore
2.02
66%
1.333
KSF
$6,590
862
Home Improvement Superstore
2.33
58%
1.351
KSF
$6,680
863
Electronics Superstore
4.26
60%
2.556
KSF
$12,634
866
Pet Supply Superstore
3.55
66%
2.343
KSF
$11,581
867
Office Supply Superstore
2.77
66%
1.828
KSF
$9,037
875
Department Store
1.95
66%
1.287
KSF
$6,3b2
876
Apparel Store
4.12
66%
2.719
KSF
$13,441
879
Arts and Crafts Store
6.21
66%
4.099
KSF
$20,259
880
Pharmacy/Drug Store w/o Drive-Thru
8.51
47%
4.000
KSF
$19,771
881
Pharmacy/Drug Store w/ Drive-Thru
10.29
38%
3.910
KSF
$19,328
882
Marijuana Dispensary
21.83
100%
21.830
KSF
$107,906
890
Furniture Store
0.52
47%
0.244
KSF
$1,208
899
SERVICES
Li uor Store
1 .37
tr4°%
10.477
KSF
51 787
911
Walk -In Bank
12.13
55%
7.885
KSF
$38,973
912
Drive-in Bank
20.45
65%
13.293
KSF
$65,705
918
Hair Salon
1.45
65%
0.943
KSF
$4,659
920
Copy, Print, and Express Ship Store
7.42
66%
4.897
KSF
$24,207
925
Drinking Place
11.36
100%
11.360
KSF
$56,152
930
Fast Casual Restaurant
14.13
57%
8.054
KSF
$39,811
931
Quality Restaurant
7.80
56%
4.368
KSF
$21,591
932
High Turnover (Sit -Down) Restaurant
9.77
57%
5.569
KSF
$27,527
933
Fast Food w/o Drive-Thru
28.34
57%
16.154
KSF
$79,848
934
Fast Food w/ Drive-Thru
32.67
50%
16.335
KSF
$80,744
935
Fast Food Restaurant wl Drive-Thru w/o Indoor Seating
42.65
50%
21.325
KSF
$105,409
936
Coffee/Donut Shop w/o Drive-Thru
36.31
57%
20.697
KSF
$102,304
937
Coffee/Donut Shop w/ Drive-Thru
43.38
50%
21.690
KSF
$107,214
938
Coffee/Donut Shop w/ Drive-Thru w/o Indoor Seating (Espresso Stand)
83.33
11 %
9.166
KSF
$45,309
939
Bread/Donut/Bagel Shop w/o Drive-Thru
28.00
57%
15.960
KSF
$78,890
940
Bread/Donut/Bagel Shop w/ Drive-Thru
19.02
50%
9.510
KSF
$47,008
941
Quick Lubrication Vehicle Stop
4.85
72%
3.492
VSP
$17,261
942
Automobile Care Center
3.11
72%
2.239
KSF
$11,068
943
Automobile Parts and Service Center
2.26
72%
1.627
KSF
$9,043
944
Gasoline/Service Station
14.03
58%
8.137
VFP
$40,223
945
Gas Station w/Convenience Market
13.99
12%
1.679
VFP
$8,298
947
Self -Serve Car Wash
5.54
58%
3.213
stall
$15,883
948
Automated Car Wash
77.50
58%
44.950
stall
$222,188
950
Truck Stop
22.73
58%
13.183
KSF
$65,166
960
Super Convenience Market/ Gas Station
22.96
35%
8.036
VFP
$39,722
970
Wnr
7.31
100%
7.310
KSF
36133
msuwar or i ranspunanon engineers, f rig uenerauon rmanuar iium toitronI
z Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm).
s Average primary trip rates, per Trip Generation Handbook (3rd Edition), 2017. Additional primary rates based on similar land use and engineering judgment.
Pass -by rates should be used with caution and refined using local data whenever possible. " DU = Dwelling Unit; KSF =1,000 square feet; VSP = Vehicle servicing position
3
Page 107 of 319
City of Port Orchard
2020 Transportation Impac Back to Agenda
Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington
Transportation Solutions, Inc.
December 2020
Page 108 of 319
Back to Agenda
Comparison of 2019-2020 TIF Base Rates in 74 Cities and 5 Counties in Western Washington
With Bellingham and Whatcom County Cities Highlighted for Emphasis
(Based on information available. Average includes both Cities and Counties. See TIF rate table on next page for additional details]
Data compiled Nov. 2019 by Chris Comeau, AICP-CTP, Transportation Planner, Bellingham Public Works LQmeau@Wb.arn or (360) 778-7946
*Western WA Stale Average TIF
Santmamah
North Bend
Kenmore
Issaquah
$8,882
Duvall
$8,756
Lynnwood
$7,944
Penton
$7,820
La Center
$7,561
Bothell
$7,406
Shoreline
$7,397
Redmond
$7,357
Sharelme
$7,224
Carnation
$7,141
Newcastle
$6,475
Fife
$6,413
Marysville
iiiiiimme
$6,300
Edmonds
$6,249
Buckley
$G,074
Camaz
=00
$5,974
Oes Moines
$5,573
Poulsho
$5,397
Bellevue
$5,293
Mount Vernon
$5,100
Gig Harbor
$5,020
Port Orchard (Proposed)
$4,943
Auburn
$4,895
Kent
$4,518
Puyallup
$4,500
Pier'e County
$4,479
Covington
$4,461
Edgewood
$4,413
W WA Average T IF-
$4,363
Sultan
$4,350
Mercer Island
$4,287
Woodinville
$4,211
Milton
$4,190
Federal Way
$3,999
Bonney Lake
$3,995
Maple Valley
$3,986
Mount Lake ferrate
$3,985
Mill Creek
$3,900
Kirkland
$3,815
Shelton
$3,736
Tumwater
$3,705
Ridgcheld
$3,1383
Manse
$3,524
Stanwood
$3.523
Sealac
$3,508
Washougal
$3,398
Arlington
$3,355
Clark County
$3,333
Lake 5tevens
EMM $3,257
Enumclaw
$3,239
Olympia
$3,213
University Place
111111111111111t $3,199
Ferndale
$3,163
Battleground
$3,024
Thurston County
1 $2,959
Sedro-Woolley (Proposed)
$2,809
Ana-tes
1 $2,731
Burlington
$2,665
5umner 1
$2,632
Port Orchard (Existing)
$2,552
Granite Falls
$2,500
Segmrn
$2,491
Snohomish County
$2,453
Everett
$2,400
Vancouver
$2,153
Orbng ONEEMENEEMOMMI
$2,149
Lynden
$2,111
Bellingham
$2,025
Lacey
$2,013
Mukiltea
$1,875
Bainbridge Island
$1,687
Snohomish
$1,603
Blaine
$1,558
yelm
$1,497
Tukwila !_ $1,244
Burien � $948
Kitsap County S $700
Oak Harbor $589
$11,630
$2,000 $4,000 56,000 $9,000 $10,000 512,000 $14,000 $16,000
Cost Per P.M. Peak Hour (4:00 - 6:00pm) Vehicle or Person Trip
Page 109 of 319
Exhibit B
Ordinance No. M7_')
Back to Agenda
PORT ORCHARD CITY PA
Appendix E: Impact Fee Calculations
E.1 Introduction
This study of impact fees for parks and recreational facilities for the City of Port
Orchard presents the methodology, summarizes the data, and explains the calculation of
the fees. The methodology is designed to comply with the requirements of Washington
law. This introduction describes the basis for parks and recreational impact fees,
including:
• Definition and Rationale of Impact Fees
• Statutory Basis For Impact Fees
• Methodology for Calculating Impact Fees
• Need for Additional Parks and Recreational Facilities
■ Determining the Benefit of Parks and Recreational Facilities to Development
• Methodology and Relationship to Port Orchard City Parks Plan
• Level of Service and Calculations
E 1.1 Definition and Rationale of Impact Fees
Impact fees are charges paid by new development to reimburse local governments for
the capital cost of public facilities that are needed to serve new development and the
people who occupy the new development. New development is synonymous with
"growth."
Local governments charge impact fees on either of two bases. First, as a matter of policy
and legislative discretion, they may want new development to pay the full cost of its
share of new public facilities because that portion of the facilities would not be needed
except to serve the new development. In this case, the new development is required to
pay for virtually all the cost of its share of new public facilities.
Port Orchard City Parks Plan 2011
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On the other hand, local governments may use other sources of revenue to pay for the
new public facilities that are required to serve new development. If, RCW 82.02.050 (2)
prohibits impact fees that charge 100% of the cost, but does not specify how much less
than 100%, leaving that determination to local governments. However, such revenues
are not sufficient to cover the entire costs of new facilities necessitated by new
development; the new development may be required to pay an impact fee in an amount
equal to the difference between the total cost and the other sources of revenue.
There are many kinds of "public facilities" that are needed by new development,
including parks and recreational facilities, fire protection facilities, schools, roads, water
and sewer plants, libraries, and other government facilities. This study covers parks and
recreational facilities for the City of Port Orchard, Washington. Impact fees for parks
and recreational facilities are charged to all residential development within the City of
Port Orchard.
E1.2 Statutory Basis for Impact Fees
RCW 82.02.050 - 82.02.090 authorizes local governments in Washington to charge
impact fees. The impact fees that are described in this study are not mitigation payments
authorized by the State Environmental Policy Act (SEPA). There are several important
differences between impact fees and SEPA mitigations. Two aspects of impact fees that
are particularly noteworthy are: 1) the ability to charge for the cost of public facilities
that are "system improvements" (i.e., that provide service to the community at large) as
opposed to "project improvements" (which are "on -site" and provide service for a
particular development), and 2) the ability to charge small-scale development their
proportionate share, whereas SEPA exempts small developments. Four types of public
facilities can be the subject of impact fees: 1) public streets and roads; 2) publicly owned
parks, open space and recreational facilities; 3) school facilities; and 4) fire protection
facilities (in jurisdictions that are not part of a fire district). RCW82.02.050 (2) and (4)
and RCW82.02.090 (7)
Impact fees must be limited to system improvements that are reasonably related to, and
which will benefit new development. RCW 82.02.050(3) (a) and (c). Local governments
must establish reasonable service areas (one area, or more than one, as determined to
be reasonable by the local government), and local governments must develop impact fee
rate categories for various land uses. RCW 82.02.060(6) Impact fees cannot exceed the
development's proportionate share of system improvements that are reasonably related
to the new development. The impact fee amount shall be based on a formula (or other
method of calculating the fee) that determines the proportionate share.
RCW82.02.050(3)(b) and RCW82.02.060(I )
Impact fees can be charged for new public facilities (RCW 82.02.060(I)(a)) and for the
unused capacity of existing public facilities (RCW 82.02.060(7)) subject to the
Port Orchard City Parks Plan 2011
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Back to Agenda
proportionate share limitation described above. Additionally, the local government
must separate the impact fees from other monies, expend the money on CFP projects
within 6 years, and prepare annual reports of collections and expenditures.
RCW82.02.070(I)-(3)
E 2 Methodology for Calculating Impact Fees
Prior to calculating impact fee rates, several issues must be addressed in order to
determine the need for, and validity of such fees: responsibility for public facilities, the
need for additional park and recreational facilities, the need for revenue for additional
parks and recreational facilities, and the benefit of new parks and recreational facilities
to new development.
In general, local governments that are authorized to charge impact fees are responsible
for specific public facilities for which they may charge such fees. The City of Port
Orchard is legally and financially responsible for the parks and recreational facilities it
owns and operates within its jurisdiction. In no case may a local government charge
impact fees for private facilities, but it may charge impact fees for some public facilities
that it does not administer if such facilities are "owned or operated by government
entities" (RCW 82.82.090(7).
E 2.1 Need for Additional Park and Recreational Facilities
The need for additional parks and recreational facilities is determined by using standards
for levels of service for park and recreational facilities to calculate the quantity of
facilities that are required. For the purpose of quantifying the need for parks and
recreational facilities, this study uses the City's value of investment in parks and
recreational facilities per capita. As greater growth occurs, more investment is required,
therefore more parks and recreational facilities are needed to maintain standards.
E 2.2 Determining the Benefit to Development
The Washington State law regarding Impact Fees imposes three provisions of the
benefit provided to development by impact fees: 1) proportionate share, 2) reasonably
related to need, and 3) reasonably related to expenditure (RCW 80.20.050(3)). First,
the "proportionate share" requirement means that impact fees can be charged only for
the portion of the cost of public facilities that is "reasonably related" to new
development.
Second, fulfilling the requirement that impact fees be "reasonably related" to the
development's need for public facilities, including personal use and use by others in the
family (direct benefit), use by persons or organizations who provide goods or services
to the fee -paying property (indirect benefit), and geographical proximity (presumed
benefit). Impact fees for park and recreational facilities, however, are only charged to
Port Orchard City Parks Plan 2011
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residential development in the City because the majority of benefits are to the
occupants and owners of dwelling units. As a matter of policy, the City of Port Orchard
elects not to charge parks and recreational impact fees to non-residential properties
because there is insufficient data to document the proportionate share of parks
reasonably needed by non-residential development.
Lastly, the requirement that expenditures be "reasonably related" to the development
that paid the impact fee includes that fee revenue must be earmarked for specific uses
related to public facilities ensures that expenditures are on identifiable projects, the
benefit of which can be demonstrated and that impact fee revenue must be expended
within 6 years, thus requiring a timeliness to the benefit to the fee -payer.
E 2.3 Methodology and Relationship to the Port Orchard City Parks Plan
Impact fees for parks and recreational facilities in the City of Port Orchard are based on
the value per capita of the City's existing investment in parks and recreational facilities
for the population of the City. New development will be provided the same investment
per capita, to be funded by a combination of general and capital improvement fund
revenue and impact fees. The amount of the impact fee is determined by charging each
new development for the average number of persons per dwelling unit multiplied times
the amount of the investment per capita that is to be paid by growth.
E3. Level of Service Standard Calculations
The level of service, as defines as the capital investment per person, is calculated by
multiplying the capacity of parks and recreational facilities times the average costs of
those items. Within this calculation, there are two variables that benefit from further
definition explanation: The value of parks and recreational inventory, and the Service
population.
E 3.1 Value of Parks and Recreational Inventory
The value of the existing inventory of parks and recreational facilities is calculated by
determining the value of each park as well as each recreational facility. The sum of all of
the values equal the current value of the City's parks and recreational system
E 3.2 Service Population
The service population is the number of persons served by the inventory of parks and
recreational facilities. Port Orchard's service population consists of the City's current
2011 population of 1 1,144 as provided by the Washington State of Financial
Management. The forecast population for 2030 of is the projected population
Port Orchard City Parks Plan 2011
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estimated for Comprehensive Planning efforts and adopted by all Kitsap County
jurisdictions, through the County Wide Planning Policies. This figure is provided to
estimate future population growth within the existing City boundaries and is utilized in
calculating the annual portion of that growth rate for the Impact Fee calculations.
E 3.3 Calculation of Park and Recreational Capital Investment per Person
The City of Port Orchard's capital value per person is the standard the City uses to
ensure that each resident receives an equitable amount of parks and recreational
facilities. The City provides this value by investment in parks and recreational facilities
that are most appropriate for each site and which respond to changing needs and
priorities as the City grows and the demographics and needs of the population changes.
Attachment E I (at the end of this Appendix) lists the types of land and recreational
facilities that make up the City of Port Orchard's existing park system. Each component
is listed in the first column, along with the capital value of each type of park land or
recreational facility in the final column. The capital value for all City owned parks &
recreational facilities in the inventory comes to a total of $7,228,929. This total value is
divided by the service population of 1 1,144 for the City determines the current capital
value per person of $649. (Please reference Attachment E2: Figure E 1)
E 4 PARKS AND RECREATIONAL FACILITY NEEDS
This section calculates the value of parks and recreational facilities that are needed to
serve growth, reduced by the typical proportion of project values that are grant or
otherwise funded. Impact fees are related to the needs of growth through calculating
the total value of parks and recreational facilities that are needed for growth. The
calculation is accomplished by multiplying the capital investment per person times the
number of new persons that are forecast for the City's growth. (Please reference
Attachment E2: Figure E2)
E 4.1 Calculation of Total Value Needed For Growth
The calculations for the total value of Parks and Recreation Facilities needed to
accommodate the forecasted growth is a tabulation of the level of service standard for
capital investment per person from Figure E I times the total amount of population
growth forecast for the six year Impact Fee planning period. The resulting calculation
shows the total value of parks and recreational facilities that are needed to serve the
growth that is forecast for Port Orchard (Please reference Attachment E2: Figure E2).
The result of Figure E2 illustrates that Port Orchard needs parks and recreational
facilities valued at $1,928,434 in order to serve the growth of 2,973 additional people
(forecast at an annual growth rate of 495 per year) who are expected to be added to
the City's population during the six year Impact Fee planning period.
no Port Orchard City Parks Plan 2011
Page 114 of 319
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E 4.2 Total Investment to be Paid by Growth
The investment to be paid by growth is calculated by subtracting the amount of any
revenues the City invests in infrastructure for growth from the total investment in parks
and recreational facilities needed to serve growth. The previous calculation showed the
total amount that is needed to invest in additional parks and recreation facilities in order
to serve future growth. The proportionate share of that investment to be paid by
growth is dependent upon the historic share of improvements provided by the City of
Port Orchard through grants or other revenue streams. The proportionate share for
development to pay for new facilities includes the City of Port Orchard historical use of
local sources, such as real estate excise tax, grant funding, and other revenues to pay for
part of the cost of parks and recreational facility capital costs. Revenues that are used
for repair, maintenance or operating costs are not used to reduce impact fees because
they are not used, earmarked or prorated for the system improvements that are the
basis of the impact fees. The City's investment has averaged 50% of the cost of capital
improvement projects for parks and recreational facilities (Please reference Attachment
E2: Figure E3). The result of Figure E3 illustrates that Port Orchard expects to use
$964.217 in grants and other revenues to serve the total needs of additional parks and
recreational facilities to maintain the City's standards for future growth, with the
remaining $964,217 to be paid by growth as a proportionate share.
E5 IMPACT FEE PER UNIT OF DEVELOPMENT
In this section the investment in additional parks and recreational facilities to be paid by
growth is used to calculate the park and recreational facilities growth cost per person
which is then used to calculate the impact fee per dwelling unit.
E 5.1 Growth Cost Per Person
The growth cost per person is calculated by dividing the investment in parks and
recreational facilities that is to be paid by growth by the amount of population growth
during the six year Impact Fee planning period (Please reference Attachment E2: Figure
E4). The result of Figure E4 illustrates the calculation of the cost per person of parks
and recreational facilities that needs to be paid by growth is $324 per person. The
amount to be paid by each new dwelling unit depends on the number of persons per
dwelling unit.
E 5.2 Impact Fee per Dwelling Unit
The impact fee per dwelling unit is calculated by multiplying the growth cost per person
by the number of persons per dwelling unit. The number of persons per dwelling unit is
the factor used to convert the growth cost of parks and recreational facilities per
Port Orchard City Parks Plan
2011
Page 115 of 319
Back to Agenda
person into impact fees per dwelling unit. The number of persons per dwelling unit data
is based on the adopted 2008 Port Orchard Comprehensive Plan, Chapter 3. Housing;
which sets an population household size of 2.5 persons per single family unit and a
calculation of 1.8 persons per Multi -family housing unit within the City of Port Orchard
(Please reference Attachment E2: Figure E5 and E6 respectively).
The resulting calculations of Figure E5 shows the calculation of the parks and
recreational facilities impact fee of $81 1 per single family dwelling unit. The resulting
calculations of Figure E6 show the calculation of the parks and recreational facilities
impact fee of $584 per multi -family dwelling unit. Impact Fee amounts, upon adoption
by City Council, are to be implemented and collected subject to the provisions of Port
Orchard Municipal Code Section 16.70.
E6. Summary
This study of impact fees for parks and recreational facilities for the City of Port
Orchard summarizes the methodology, presents the data, and explains the calculation of
the fees that result in the recommended amounts. Similar sized Cities within Kitsap
County have chosen to utilize much higher impact fee amounts, for example the City of
Poulsbo recently raised their Park Impact Fee from $500 to $1,195 per unit. The
proposed Park Impact Fees for the City of Port Orchard of $81 1 per single family
dwelling unit and $584 per multi -family dwelling unit, although consistent with the City
of Port Orchard level of service, still are well below the Washington State average of
$ 2,849 per single family dwelling unit and $2,147 per multi -family dwelling unit
respectively. (Sourced from the National Impact Fee Survey 2009, prepared by Clancy
Mullen, Duncan Associates, Austin, TX on December 20, 2009) The methodology
utilized for arriving at the City of Port Orchard impact fee amounts has been a
statewide standard incorporated for numerous Washington State cities and is designed
to comply with the requirements of Washington law.
Port Orchard City Parks Plan
2011
Page 116 of 319
Back to Agenda
INTENTIONAL BLANK PAGE
CITY OF PORT ORCHARD COMPREHENSIVE PARKS PLAN
Page 117 of 319
Exhibit C
Ordinance No. 007-21 Appendix C
South Kitsap School District 2015 Capital Facilities Plan Ordinance Back to Agenda
VII. DISTRICT FINANCE PLAN
The principal funding mechanism for school facility construction and modernization has
traditionally been voter approved bonds. More recently, school districts have been turning to capital
levies to support modernizations and elementary school new construction projects. Other funding
sources can include state funding assistance and development impact (mitigation) fees.
General Obligation Bonds
Bonds are typically used to fund construction of new schools and other major capital improvement
projects. A 60% voter approval is required for passage. Bonds are then retired over time through
the collection of property taxes.
The South Kitsap School District had an assessed valuation of $6,123,112,269 as of August 31,
2014. The limit for all outstanding bonds for SKSD is 5% of assessed value or $306,155,613. The
District had $5,645,481 of debt as of August 31, 2014, and therefore has a current bonding capacity
of $300,510,132.
State Funding Assistance
The source of State Funding Assistance, formerly State Match Funds, is the Common School
Construction Fund. Bonds are sold on behalf of the fund then retired with revenues accruing
predominantly from the sale of renewable resources (i.e., timber) from state school lands set aside
by the Enabling Act of 1889. If these sources are insufficient to meet the needs of the program, the
Legislature can appropriate additional funding, or the State Board of Education can ration project
funding on a priority basis.
School districts may qualify for state funding assistance for specific capital projects based on an
eligibility system. Eligible projects are prioritized using seven different criteria. Funds are then
disbursed to districts on a percentage basis that is based on a formula that compares each district's
assessed valuation per pupil relative to the entire state assessed valuation per pupil. This percentage
is known as the Funding Assistance Percentage, formerly State Match Ratio.
The base to which this percentage is applied is the cost of construction as determined by the
"Construction Cost Allocation" multiplied by the "Eligible Area". The Construction Cost
Allocation (CCA) is used by OSPI to help define or limit its level of financial support for school
construction. It is a budget driven value that is not intended to fully reflect the actual cost of school
construction in Washington State. The Eligible Area portrays either the square footage of new
space required to address unhoused students for an enrollment project, or the building square
footage approved for upgrade or replacement for a modernization project.
State funding assistance is available to assist districts with construction costs for enrollment and
modernization related school construction projects but cannot be used for site acquisition, the
purchase of portables or for normal building maintenance. Because the availability of state
assistance funds may not always keep pace with the enrollment growth or modernization needs of
all of Washington's school districts, assistance funds from the state may not be received by a school
district until two or three years after a school project has begun. In such cases, a district may be
required to "front fund" meaning it must be prepared to finance the entire project with local funds.
The State's share of the project funding is then provided to the district later in the form of a
reimbursement. In some cases projects may not receive any state assistance at all. State funding
assistance is not guaranteed.
39
Page 118 of 319
Appendix C
Ordinance I Back to Agenda
South Kitsap School District 2015 Capital Facilities Plan
New Development_ MilleationlLrrpact Fees
The authority for local jurisdictions to condition new development on the mitigation of school
impacts is provided for under the State Subdivision Act, Chapter 58.17 RCW, the State
Environmental Policy Act, Chapter 43.21C RCW, and the Growth Management Act, Chapter
36.70A RCW. These state statutes seek to ensure that adequate public facilities are available to
meet the demands of new growth by authorizing permitting jurisdictions to condition development
approval on the implementation of mitigation measures that enable local jurisdictions to meet the
infrastructure demands of new development.
Subdivision Act Miti2atiork RCW 58.17.110 requires the permitting jurisdiction to find
that proposed plats adequately provide for schools and school grounds. The proposed
development must provide land sufficient to ensure that such facilities are provided for
potential new students.
• SEPA Mitivation, SEPA provides that local jurisdictions may condition the approval of a
new development to the mitigation of specific adverse environmental impacts which are
identified in SEPA environmental documents. See RCW 43.21C.060. Under SEPA, the
"built environment" includes public schools. See WAC 197-11-444(2) (d) (iii).
GNIA Midi ation. Development impact fees have been adopted by Kitsap County and the
City of Port Orchard as a means of supplementing traditional funding sources for the
construction of public facilities needed to accommodate new development. The City of
Bremerton does not impose an impact fee on new development. The District participates in
the permit review processes of jurisdictions within its boundaries to ensure that its interests
are considered when new developments are proposed that will generate additional students.
Six -Year Finance Plans
The Six -Year Capital Finance Plan (Table 12) portrays how South Kitsap School District intends to
fund improvements to school facilities for the years 2015 through 2020.
40
Page 119 of 319
Appendix C
Ordinance Back to Agenda
South Kitsap School District 2015 Capital Facilities Plan
Table 12
Capital Finance Plan (2015-2020)
Sources:
CFP Balance/Impact Funds (Aug 2014) $ 1,000,164
Impact Fee Collections 2015-2020 (est.) $ 1,438,680
Transfer from General Funds $ 0
State Matching Funds (est.) $ 0
Sale of General Obligation Bonds $ 0
Improvements to Existing Facilities $ 4,750,000 $7,188,844
Uses:
CFP Balance/Impact Funds (Aug 2020 est.) $ 378,769
Improvements to Existing Facilities $ 4,750,000
Construction for Enrollment Growth $ 0
Site Acquisition $ 1,760,075
Construction of Support Facilities $ 0
Interim Classroom Space $ 300,000
Program Changes $ 0 $ 7,188,844
Balance: $ 0
41
Page 120 of 319
Annenclix r
Ordinance Back to Agenda
South Kitsap School District 2015 Capital Facilities Plan
VIII. UNFUNDED NEED CALCULATION
The calculation of the South Kitsap School District unfunded need in support of jurisdictional
school impact fee collection is provided on the spreadsheets that follow. This calculation recognizes
projected costs anticipated over the life of the six -year plan including acquisition costs for interim
housing and debt service payments on a 56 acre school site that was purchased in 2005.
The "Unfunded Need Total' on the last line of the SKSD Impact Fee Calculation document
portrays the cost of addressing new home construction related enrollment growth identified within
the six -year capital construction plan. This value is greater than the actual school impact fees
specified and collected under respective Kitsap County and City of Port Orchard impact fee
ordinances.
42
Page 121 of 319
Appendix C
Ordinance F' Back to Agenda
South Kitsap School District 2015 Capital Facilities Plan
Descri Lion
Grade Spi
Value
Units
Comments
Student Generation Faclor-SFH
Elemectary
0.32
SludentslResidence
2007 Kendrick Demographic Study
Student Generation Faclor-SFH
Jr, High
0.10
StudentslResidence
2007 Kendrick Demographic Study
Student Generation Faclor-SFH
Sr. High
0.10
Students/Residence
2007 Kendrick Demographic Study
Student Generation Factor-MFH
Elementary
0.18
SludentslResidence
2007 Kendrick Demographic Study
Student Generation Faclor-MFH
Jr, High
0.09
SludentslResidence
2007 Kendrick Demographic Study
Student Generation Faclor-MFH
Sr. High
0.09
StudentslResidence
2007 Kendrick Demographic Study
Facility Acreage
Elementary
14.00
Acres
District Average
Facility Acreage
Jr. High
22.00
Acres
District Average
Facility Acreage
Sr, High
42.00
Acres
Plan for New High School
Cost per Acre
All
$115,000
CostlAcre
Market Estimate
Facility Size - New Construction
Elemenlary
550
SludertslSchool
District Standard
Facility Size - New Construction
Jr. High
900
Students/School
District Standard
Facility Sae - New Construction
Sr. High
1800
Students/School
Plan for New High School
Facility Size - Temporary Construction
Elementary
24
SludentlClassroom
District LOS
Facility Size - Temporary Construction
Jr. High
26
Student/Classroom
District LOS
Facility Size - Temporary Construction
Sr. High
26
StudenVClassroom
District LOS
Permanent Sq. Footage (Total)
Elementary
501894
Square Feet
State Study & Survey
Permanent Sq. Footage (Total)
Jr. High
286193
Square Feel
Stale Study & Survey
Permanent Sq, Footage (Total)
Sr. High
345474
Square Feet
State Study & Survey
Portable Sq, Footage (Total)
Elementary
45900
Square Feel
Portables Inventory
Portable Sq, Footage (Total)
Jr. High
18900
Square Feel
Portables Inventory
Portable Sq, Footage (Total)
Sr, High
10800
Square Feet
Portables Inventory
Facility Cost - New Construction
Elementary
Cosyschool
Facility Cost - New Construction
Jr, High
Cost/School
Facility Cost - New Construction
Sr, High
CosflSchool
Facility Cost • Temporary Construction
Elementary
$300,000
Coffortable
Standard Dbl Portable including Site Costs
Facility Cost - Temporary Construction
Jr, High
$300,000
CosdPortable
Standard Dbl Portable including Site Costs
Facility Cost - Temporary Construction
Sr. High
$300,000
CosllPortable
Standard Dbl Portable including Site Costs
Boeckh Index Area Cost Allowance
All
$206.70
CosUsq, ft,
OSPI.2015
SPI Footage
Elementary
90.0
Sq. FUStudent
OSPI.2015
SPI Footage
Jr. High
121.3
Sq. FIJStuderd
OSPI.2015
SPI Footage
Sr. High
130.0
Sq, R]Studert
OSPI.2015
State Match Ratio
All
59.98%
Percent
OSPI.2015
Average Assessed Value - SFH
All
$201,260
Cosbil:
Kitsap County Assessor SFH 2O15
Average Assessed Value - MFH
All
$100,630
Cost1Unt
Kitsap County Assessor SFH 2O15 @ 50%
Capital Bond Interest Rate
All
0.00%
Percent
Years Amortized
All
10
Years
Property Tax Levy Rate - Capital Consiruclion
All
$0.00
Costl$1000 A.V.
43
Page 122 of 319
Annpnrliv r
Ordinance Back to Agenda
South Kitsal2 School District 2015 Capital Facilities Plan
School Site Acquisition Cost:
CALCULATIONS
((Acres X Cost per Acre)/Facility Capacity) X Student Generation Factor
Facility
Cost per
Facility
SGF SGF
Cost per
Cost per
Acreage
Acre
Capacity
SFH MFH
SFH
MFH
Elementary 14
$115,000.00
550
0.32 0.18
$936.73
$526.91
Jr. High 22
900
0.10 0.09
$0.00
$0.00
Sr. High 42
$115,000.00
1800
0.10 0.09
$268.33
$241.50
$1,205.06
$768.41
School Construction Cost:
((Facility Cost/Facility Capacity) X Student Generation Fa(ctor) X Pei manent/Total Sq. Ft.)
% Perm/ Facility
Facility
SGF
SGF Cost per
Total Sq. Ft. Cost
Size
SFH
MFH SFH
Elementary
92%
550
0.32
0.18 $0.00
Jr. High
94%
900
0.10
0.09 $0.00
Sr. High
97%
1800
0.10
0.09
$0.00
Temporary Facility Cost:
((Facility Cost/Facility Capacity)
X Student Generation Factor) X (Temporary/Sq. Ft)
%Tempt
Facility Facility
SGF
SGF
Total Sq. Ft.
Cost Size
SFH
MFH
Elementary 8%
$300,000.00 48
0.32
0.18
Jr. High 6%
52
0.10
0.09
Sr. High 3%
52
0.10
0.09
State Match Credit
Area Cost Allowance X SPI Sq.
Ft X State Match X Student
Generation Factor
Boeckh
SPI State
SGF
SGF
Index
Footage Match %
SFH
MFH
Elementary $206.70
90.00
0.32
0,18
Jr. High $206.70
121.30
0.10
0.09
Sr. High $206.70
130.00
0.10
0.09
Tax Pavmant Credit
Average Assessed Value
Capital Bond Interest Rate
Net Present Value of Average Dwelling
Years Amortized
Property Tax Levy Rate
Present Value of Revenue Stream
NEED SUMMARY
School Site Acquisition Cost
Permanent Facility Cost
Temporary Facility Cost
State Match Credit
Tax Payment Credit
UNFUNDED NEED TOTAL
Cost per
SFH
$165.77
$0.00
$0.00
$165.77
Cost per
MFH
$0.00
$0.00
$0.00
Cost per
MFH
$93.24
$0.00
$0.00
$93.24
Cost per Cost per
SFH MFH
$0.00 $0.00
$0.00 $0,00
$0.00 $0.00
SFH MFH
0.00% 0.00%
10
10
$0.00
0.00
$0.00
$0.00
SINGLE FAMILY
MULTI FAMILY
$1,205.06
$768.41
$0.00
$0.00
$165.77
$93.24
$0.00
$0.00
$0.00
$0.00
$1,370.83
$861.65
44
Page 123 of 319
FORT ORCHARD 2021072;
Asp cement Rem Fee: $ 128.64] Back to Agenda
PAJI Andrews. Kitsap Cc Auditor
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s): Development Agreement between Sidney Road Apartments
LLC and the City of Port Orchard
Auditor's File Number of Document (s) Referenced:
Grantor(s) person(s) that conveys, sells or grants interest in property:
N/A
Grantee(s) person that buys, receives or to whom conveyance of property is made:
N/A
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11.
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
Assessor's 14 digit Tax Parcel Number: 1 12301-2-053-2007
04/25/14
Page 124 of 319
Back to Agenda
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND SIDNEY ROAD
APARTMENTS L.L.C. FOR THE DEVELOPMENT AND FUNDING OF CERTAIN
TRANSPORTATION AND PARK IMPROVEMENTS
THIS DEVELOPMENT AGREEMENT is made and entered into this 13th day of Julv,
2021, by and between the City of Port Orchard, a non -charter, optional code Washington municipal
corporation, hereinafter the "City," and Sidney Road Apartments L.L.C. a limited liability
company organized under the laws of the State of Washington, hereinafter the "Developer" or
"Sidney Road" (together the "Parties").
The Parties hereby agree as follows:
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control of
real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
("POMC" or "Code") which establishes the standards and procedures for Development
Agreements in Port Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, the Developer has applied for a Development Agreement under Chapter 20.26
POMC on June 7, 2021 and such Agreement has been processed consistently with the POMC and
State law; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
the Developer (hereinafter the "Development Agreement" or "Agreement"), relates primarily to
the development of property owned by Developer at 4977 Sidney Road SW (Kitsap County Tax
Parcel #112301-2-053-2007) (hereinafter, the "Sidney Road Property"); and
WHEREAS, the Developer proposes to develop the Sidney Road Property with a multi -
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 1 of 19
1386186.8 - 366922 -0031
Page 125 of 319
family development consisting of approximately 216 units of housing, residential _Back to Agenda
parking for 356 vehicles, landscaping, and associated site improvements (collectively, the
"Development Project" or City Permit No. PW 20-064); and
WHEREAS, the City is undertaking review of the Development Project pursuant to the
POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development
Proposal with the issuance of a Determination of Non -significance issued on December 23, 2020
("DNS"). The DNS for the Development Project was not timely appealed; and
WHEREAS, associated the Development Project, the Developer proposes to construct at
its expense, transportation improvements defined as 2026-2039 Tier 2 Transportation
Improvement Project #2.05 "Sidney Road Widening" on Sidney Road SW as defined herein as the
"Transportation Improvement Project" and as shown in ROW Permit No. ROW21-028, which are
eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC
20.182.080; and
WHEREAS, the Transportation Improvement Project is necessary and is required to serve
the Development; and
WHEREAS, the Transportation Improvement Project also provides a benefit to the general
public; and
WHEREAS, associated with the Development Project, the Developer owns property
adjacent to the Sidney Road Property at 5071 Sidney Road SW (Kitsap County Tax Parcel #
112301-2-009-2002) (hereinafter, the "Planned Park Property"). Developer is exploring the option
to dedicate the Planned Park Property to the City as a public park, which the Parties acknowledge
would be eligible for park impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080;
and
WHEREAS, this Agreement governs the development of the Transportation Improvement
Project and the respective transportation impact credits that will result from the Developer
undertaking this Transportation Improvement Project; and
WHEREAS, this Agreement also governs the possible conveyance of the Planned Park
Property, and the park impact fee credit that could result from Developer's conveyance of the
Planned Park Property; and
WHEREAS, except with regard to this Transportation Improvement Project, Planned Park
Property, and the respective applicable impact fee credits, this Agreement does not establish or
modify the standards or conditions for the underlying development which is being undertaken in
accordance with applicable code and regulations; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Developer and include a transportation impact fee
credit calculation and method for determining any parks impact fee credits, the parties deem it in
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 2 of 19
1386186.8 - 366922 -0031
Page 126 of 319
their best interests to enter into this Agreement; and
Back to Agenda
WHEREAS, the City Council held a public hearing on July 13, 2021 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. 034-21, the City Council authorized
the Mayor to sign this Agreement with the Developer.
AGREEMENT
Section 1. The Sidney Road Property. The Sidney Road Property comprises 4977 Sidney
Road SW (Kitsap County Tax Parcel #112301-2-053-2007). The Sidney Road Property is
described on Exhibit A which is attached hereto and incorporated herein by this reference as if set
forth in full. A map of the Sidney Road Property is shown Exhibit B on which is attached hereto
and incorporated herein by this reference as if set forth in full.
Section 2. The Planned Park Property. The Planned Park Property compromises 5071
Sidney Road SW (Kitsap County Tax Parcel # 112301-2-009-2002). The Planned Park Property
is described on Exhibit A which is attached hereto and incorporated herein by this reference as if
set forth in full. A map of the Planned Park Property is shown on Exhibit B which is attached
hereto and incorporated herein by this reference as if set forth in full.
Section 3. Transportation Improvement Project and Planned Park Property.
Pursuant to this Agreement, Developer shall be responsible for the construction of the
Transportation Improvement Project as defined herein and may, if the Parties agree, improve and
transfer the Planned Park Property as defined herein.
a) Transportation Improvement Project. Developer shall construct a portion the Sidney
Road SW Project 2026-2039 Tier 2 2.05 (defined herein as the Transportation Improvement
Project) as shown in Exhibit C. The Transportation Improvement Project shall serve the Sidney
Road Property, amongst other properties within the vicinity, and shall provide connectivity and
capacity for the City. The Transportation Improvement Project shall be eligible for transportation
impact fee credits as provided in Section 11 of this Agreement.
b) Transportation Impact Fee Credit Applicability. The Transportation Improvement
Project will serve the Sidney Road Property and the impact fee credits authorized by this
Agreement are only applicable to pending building permit applications 21-044, 21-045, 21-046,
21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 for the properties identified
on Exhibit B.
c) Planned Park Property. Developer may transfer the Planned Park Property to the City
in exchange for a parks impact fee credit for the fair market value of the Planned Park Property
plus the Developer's actual costs to make the Planned Park Property ready for transfer. The fair
market value of the Planned Park Property shall be calculated as provided in Section 13. Making
the Planned Park Property ready for transfer shall be defined as: (a) planting the Planned Park
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 3 of 19
1386186.8 - 366922 -0031
Page 127 of 319
Property with native vegetation in accordance with an approved planting plan; a_ Back to Agenda
temporary irrigation to the new vegetation for two growing seasons, regardless of when the transfer
takes place.
Section 4. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as
required by RCW 36.7013.200 and Chapter 20.26 POMC.
b) "Commence construction" as to the Transportation Improvement Project means that
the City has issued all required permit(s) and the Developer has deployed construction equipment
and personnel to the site of the Transportation Improvement Project.
c) "Completion" as to the Transportation Improvement Project means compliance with
the tasks described in Section 10.
d) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
e) "Development Project" means the development of the Sidney Road Property with
approximately 216 units of housing, residential amenity facility, parking for 356 vehicles,
landscaping, and associated site improvements as shown in Exhibit B and approved by the City
under Permit PW20-064 and associated with Building Permits No. 21-044, 21-045, 21-046, 21-
047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054
f) "Director" means the City's Public Works Director.
g) "Effective Date" means the effective date of the Adopting Ordinance.
h) "Maximum credit" means the maximum amount that is eligible for Transportation
Improvement Project or the Planned Park Property transfer to this Agreement for which
transportation impact fee credits or park impact fee credits (as applicable) will be provided by the
City to the Developer.
i) "Transportation Improvement Project" or "Project" means the Transportation
Improvement Project described above which serves both the Sidney Road Property and the greater
community, as specified in Section 3, as provided for in all associated permits/approvals, whether
now in place or to be issued in the future, and as described in all incorporated exhibits.
Section 5. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Sidney Road Property and Planned Park
Property.
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 4 of 19
1386186.8 - 366922 -0031
Page 128 of 319
b) Exhibit B —Map of the Sidney Road Property and Planned Park F.� Back to Agenda
-F—', .... — --
Development Project and with permits listed in Section 3 identified.
c) Exhibit C — Transportation Improvement Project, including components.
Section 6. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street,
Port Orchard, WA 98366.
b) The "Developer" or "Sidney Road Apartments L.L.C." is a private enterprise which
owns the Sidney Road Property in fee, and whose principal office is located at 1302 Puyallup
Street, Suite A, Sumner, WA 980390.
Section 7. Improvement Project is a Private Undertaking. It is agreed among the parties
that the Transportation Improvement Project and Planned Park Property transfer, if conveyed
pursuant to this Agreement, are private improvements for which credits are required pursuant to
RCW 82.02.060(4) and that the City has no interest in the improvements until such time as the
Transportation Improvement Project and/or transfer of the Planned Park Property is completed and
dedicated to the City as provided in this Agreement.
Section 8. Term of Agreement. This Agreement shall commence upon the effective date
of the Adopting Ordinance approving this Agreement and shall continue in force for a period of
five (5) years unless extended or terminated as provided herein. Following the expiration of the
term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect
except for such sections which are specifically intended to survive expiration or termination.
Section 9. Project Schedule. Subject to the City's issuance of all necessary permits and
approvals, the Developer will commence construction of the Transportation Improvement Project
and deliver the Park Property on the following schedule:
a) Transportation Improvement Project.
1. The Transportation Improvement Project requires two permits: (a) Land
Disturbing Activity Permit ("LDAP"); and (b) Right of Way Permit ("ROW
Permit") (collectively, the "Transportation Improvement Permits"). Developer has
submitted the Permit applications for the Project (LDAP No. PW 20-064 and ROW
Permit No. 21-030). Developer's construction of the Transportation Improvement
Project is associated with the issuance of certain building permits associated with
the Development Project, specifically City Permit Nos. 21-044, 21-045, 21-046,
21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 ("Building
Permits"). Developer has also submitted a ROW Permit application for associated
work on SW Hovde Road (ROW Permit No. 21-030 and "Hovde Road ROW
Permit").
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2. The City has already issued the approved LDAP and ha_
round of corrections on ROW Permit No. 21-030. The City shall review and make
final determinations on the Transportation Improvement Permits, the Building
Permits, and the Hovde Road ROW Permit within forty-five (45) days of the
effective date of this Agreement. Any days that the City is waiting for the Developer
to submit corrections to the application shall be tolled. In the event that the City
requires additional time beyond this window to review the Transportation
Improvement Permits and Hovde Road ROW Permit, or requests additional
corrections from Developer, the timeline for Developer's obligation to construct
the Transportation Improvement Project is tolled until the date that the City makes
its final determination on the Transportation Improvement Permits.
3. Upon issuance of the Transportation Improvement Permits, the Developer
shall commence construction of the Transportation Improvement Project within
120 days and proceed in a timely and workmanlike fashion through completion,
provided however, the Developer shall be solely responsible for the means and
methods for construction sequencing and phasing.
4. Developer shall complete the Transportation Improvement Project no later
than the date of the issuance of a Certificate of Occupancy for the last residential
structure contained within the Development Project, or 60 calendar days prior to
the Termination of this Agreement, whichever date occurs first.
b) Parks Property Transfer.
1. If Developer decides it desires to transfer the Planned Parks Property to the
City pursuant to this Agreement (the "Parks Property Transfer"), then it shall
confirm the City's interest in receiving the Planned Parks Property. If the City is
interested, then the Parties will determine the Planned Parks Property value by
using the fair market value of the Planned Parks Property as follows:
The Developer will hire a certified property appraiser, pay for the appraisal, and
provide a copy of that appraisal report to the City. The date for valuation purposes,
including but not limited to sales comparisons used for the valuation, shall be June
1, 2021. The City shall use its best efforts to review the appraisal report and provide
a response to Developer on the valuation within 30 days of receipt. If both the City
and the Developer agree that the appraisal is fair and reasonable, then the appraised
value will be accepted as the Planned Parks Property value for park impact fee
purposes; provided, however, Developer shall also be eligible for credits for the
construction and development -related costs incurred by Developer pursuant to
Section 11. If the City disagrees with the appraisal, then the City may hire its own
appraiser to perform a second appraisal at the Developer's expense. The date for
valuation purposes shall be the same as used in the Developer's appraisal. The City
shall use its best efforts to obtain an appraisal report within 60 days of notice to the
Developer of its disagreement with Developer's appraisal. If that second City -
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initiated appraisal is within ten (10) percent of the value establis.Li_„u uy - , -7. ,
Developer -initiated appraiser, then the Parties will take the mid -point between the
two appraisals and use that as the fair market value. If the appraisals are more than
10 percent apart, the Parties have the options of: (a) agreeing to a value, establishing
another method to set the fair market value of the property, or (b) either parry may
decide not to move forward with the Parks Property Transfer. If one Parry decides
not to move forward with the Parks Property Transfer, the Party shall provide
written notice of such decision and the Planned Parks Property would not be
transferred and there would be no park impact fee credits given for the proposed
transfer. If this occurs, then the Parks Performance Bond (as defined in Section 13)
shall be released and the full park impact fees as required by Section 13 will be due
from the Developer for any outstanding building permits related to the
Development Project and the Park. For any building permits that have already
issued prior to the Parry's or Parties' decision to not move forward with the Parks
Property Transfer as provided in Section 13, the impact fees will be due and payable
immediately and must be paid no later than thirty (30) from the date of the written
notice not to move forward. In such case, no certificates of occupancy will issue
until full payment of outstanding impact fees is received.
2. Prior to transferring the Planned Parks Property to the City, the Developer
will make the Planned Parks Property ready for transfer as follows: 1. The
Developer shall provide a native planting plan to the City for approval. Such
landscaping shall be Type B landscaping in accordance with POMC 20.128.060.2.
Once the City has approved the plan, the Developer will install the planting onto
the Planned Parks Property per the approved plan. 3. The Developer will provide
temporary irrigation to the new vegetation for two growing seasons to ensure that
the plantings become well -established. Providing the irrigation for two growing
seasons is an obligation that will extend beyond the transfer date of the Planned
Parks Property if the two growing seasons have not elapsed at the time of such
transfer.
Section 10. Transportation Improvement Project standards.
a) General. Developer will design and construct the Transportation Improvement Project to
comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The City will approve the plans before
construction begins; and the City will accept responsibility for the operation of the
Transportation Improvement Project once it is completed, the Transportation Improvement
Project has been accepted, and a two-year warranty and maintenance bond is in place. A
Project will be deemed completed when all of the following occurs: 1. The City deems it
substantially complete; 2. All punch list items are finished; 3. The City releases the
performance bond; 4. The Developer has put a 2-year warranty and maintenance bond in
place; 5. The Developer has completed all necessary property dedications; 6. The City has
accepted the dedications, such approval not to be unreasonably withheld or conditioned;
and 7. The Developer has provided the City with a Bill of Sale for the improvements
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containing the certified construction costs (stamped by licensed engineer, . ... �. ,
determination of the maximum credits available under this Agreement. The City will
confirm completeness of the Transportation Improvement Project by issuing a Final Notice
of Completeness to the Developer.
b) Transportation Improvement Project. The Transportation Improvement Project will
include design, permitting, and construction, at Developer's sole expense of 2026-2039
Tier 2 TIP Project 2.05. The Transportation Improvement Project shall meet the City
standards for public rights of ways and shall provide the amenities that are described in
TIP Project 2.05 with such conditions as the City deems applicable and appropriate in
LDAP/SDAP Permit No. PW20-064; provided, however, the City shall not add conditions
to the Transportation Improvement Project that are inconsistent with Exhibit C.
The Transportation Improvement Project construction work shall be secured by a
Performance Bond at 150% of the estimated construction costs. The Performance Bond
shall be in place prior to Developer commencing work on the Transportation Project. Prior
to City acceptance, the construction of the Transportation Improvement Project shall be
inspected by the City, approval of which shall not be unreasonably withheld. In addition
to the requirements in Section 10(a) above, the City's final approval of the Transportation
Project shall be conditioned upon receipt from Developer a two (2) year Maintenance Bond
at 20% of the construction costs, which shall be effective upon the City's release of the
Performance Bond. Upon acceptance of the Bill of Sale, the City shall release the
Performance Bond and shall accept full responsibility for the Transportation Improvement
Project, except for those maintenance obligations of Developer secured by the two-year
Maintenance Bond. Upon City's acceptance of the Transportation Improvement Project,
Developer shall not be responsible for any further costs, maintenance or liability for the
Transportation Improvement Project. This provision survives the Termination of this
Agreement.
Section 11. Transportation Improvement Projects and Planned Parks Property costs
and credits.
a) Transportation Improvement Project. The maximum amount of the Transportation
Impact Fee credit for the Transportation Improvement Project to be built by Developer
under this Agreement shall be limited to the total Transportation Impact Fees due on
the Project (currently calculated as $469,800), or the actual costs incurred by the
Developer, whichever is less ("Maximum Transportation Project Credit"). The credits
provided under Section 12 below are limited to this Maximum Transportation Project
Credit. Once the Maximum Transportation Project Credit has been achieved through
credits applied to Developer for the Development Project, Developer would be required
to comply with the impact fee provisions of the Code for any further development of
the Sidney Road Property that requires payment of transportation impact fees,
including payment of any transportation impact fees incurred over and above the
Maximum Transportation Project Credit.
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b) Parks Property Transfer. The maximum amount of the Parks Impact F..,
Parks Property Transfer shall be limited to the total Parks Impact Fees imposed
(currently estimated to be $126,144) or agreed value of the Planned Parks Property plus
the actual construction and development -related costs incurred by the Developer to
make the land ready for transfer, including but not limited to the cost of the designing
and constructing the planting plan of native vegetation and the temporary irrigation for
two growing seasons, whichever is less ("Maximum Park Impact Fee Credit"). Once
the Maximum Park Impact Fee Credit has been achieved through credits to Developer
for the Development Project, Developer would be required to comply with the impact
fee provisions of the Code for any further development of the Sidney Road Property
that requires payment of parks impact fees, including payment of any parks impact fees
incurred over and above the Maximum Park Impact Fee Credit.
Section 12. Transportation Impact Fee Credits. The City hereby grants the Developer a
credit against transportation impact fees for its costs to design and construct the Transportation
Improvement Project. The credits will be calculated and applied as follows:
a) The total estimated transportation impact fee required at the time of building permit
issuance for the Development Project is currently $469,800. Developer shall pay
the transportation impact fees required at the time of building permit issuance,
provided however, that if the Developer obtains permits and puts the Transportation
Performance Bond in place no later than February 28, 2022, then the impact fees
will be calculated based on the rates in effect on June 1, 2021 regardless if the rates
have subsequently been adjusted. The estimated impact fees in this Agreement are
an estimate only and the Developer understands that the amount of impact fees
required may change if Developer changes the scope of the Development Project.
If the permits are not issued and the Transportation Performance Bond put in place
by February 28, 2022, then the impact fees will be adjusted in accordance with the
City's adopted codes and ordinances in effect at the time of permit issuance.
Prior to the issuance of the first building permit for the Development Project,
Developer shall provide a Performance Bond, in a form acceptable to the City, for
150% of the Engineer's Estimate for the Transportation Improvement Project, or
the then applicable Transportation Impact Fees due on the project (currently
$469,800), whichever amount is greater ("Transportation Performance Bond").
The City will defer the final calculation, assessment, and collection of the
transportation impact fees for the Development Project until the completion of the
Transportation Improvement Project. The parties anticipate that the Maximum
Transportation Fee Credit will cover all or most of the transportation impact fee
required for the Development Project. The City shall issue any Certificate of
Occupancy requested by the Developer in due course as required by the Code and
this Agreement provided the Transportation Performance Bond remains in effect at
time of a request for a Certificate of Occupancy. Upon completion of the
construction of the Transportation Improvement Project, Developer shall submit
certified Transportation Improvement Project costs to the City for review and
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acceptance by the City Engineer as provided in the Code. Onc
executed Bill of Sale are reviewed and accepted by the City Engineer, not to be
unreasonably withheld, conditioned, or delayed, the maximum credit due to
Developer will be established and will equal the Maximum Transportation Project
Credit as so certified in accordance with this subsection and Section 11. In the
event that the Maximum Transportation Project Credit satisfies the transportation
impact fees for the Development Project, the City shall release the Transportation
Performance Bond. If any remaining transportation impact fees are required after
crediting the Maximum Transportation Project Credit against the Development
Project, the Developer shall pay those fees prior to the issuance of any outstanding
Certificate(s) of Occupancy. The City shall use best available efforts to review and
certify the transportation impact fees and issue any corresponding Certificates of
Occupancy within 14 days of receipt. In the event Developer defaults on any
requirement under this subsection, the City's remedies include pulling the
Transportation Performance Bond and holding any outstanding Certificates of
Occupancy until such time the Transportation Project is completed, and any
outstanding impact fees are paid in full or credited.
b) The City agrees that these credits are consistent with RCW 82.02.060(4) and that
they are consistent with POMC 20.182.080.
Section 13. Park Impact Fee Credit. The Development Project is subject to the City's
parks impact fee pursuant to POMC 20.182.080. The estimated park impact fee for the
Development Project at the time of this Agreement is $126,144. Developer shall pay the park
impact fees required at the time of building permit issuance, provided however, that if the
Developer obtains permits and puts the Parks Performance Bond (as defined herein) in place no
later than October 1, 2021, then the impact fees will be calculated based on the rates in effect on
June 1, 2021 regardless if the rates have subsequently been adjusted. The estimated park impact
fees in this Agreement are an estimate only and the Developer understands that the amount of
impact fees required may change if Developer changes the scope of the Development Project. If
the permits are not issued and/or the Parks Performance Bond put in place by October 1, 2021,
then the impact fees will be adjusted in accordance with the City's adopted codes and ordinances
in effect at the time of permit issuance. Until such time as the Parks Performance Bond is in place,
the Developer will pay park impact fees into an escrow account to be held until the Parks
Performance Bond is in place. If the Parks Performance Bond is not in place within 180 days of
the date of this Agreement, then Developer shall pay parks impact fees to the City prior to issuance
of each subsequent building permit. During these 180 days, provided that the City receives notice
of receipt of these funds into escrow, the City will treat these funds has having been tendered to
the City for purposes of permit issuances. After the Parks Performance Bond is in place, the funds
in the escrow account, including interest thereon, will be returned to Developer. If the Developer
does not put, the Parks Bond in place within 180 days, then these funds will be disbursed to the
City with the interest thereon.
Developer owns the Planned Park Property adjacent to the Sidney Road Property. Developer may
elect to satisfy all or a portion of the parks impact fee requirement for the Development Project
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through conveyance of the Planned Park Property as described in this Agr,- ,...-.., ... �5�.
statutory warranty deed (free of all encumbrances and easements unacceptable to the City). The
City acknowledges that the value of the conveyance of the Planned Park Property as calculated in
Section 9(b) shall constitute satisfaction of the portion of the park impact fees for the Development
Project up to the Maximum Park Fee Credit provided (land value plus the actual cost of the work
to make the land ready for transfer) as described in this Agreement. The credits shall be calculated
and applied as follows:
a) Developer shall provide a letter of intent to dedicate the Planned Park Property
and a Performance Bond for the then applicable Parks Impact Fees due on the
project (currently $126,144) ("Parks Performance Bond"), in a form acceptable
to the City. The City shall issue any Certificate of Occupancy requested by the
Developer provided the Parks Performance Bond remains in effect at time of
the request for a Certificate of Occupancy. Prior to the completion of the Parks
Property Transfer, the Developer shall provide confirmation of the Maximum
Parks Fee Credit. The City shall review and certify the same pursuant to Section
9(b). In the event Developer defaults on any requirement under this subsection,
the City's remedies include pulling the Parks Performance Bond and holding
any outstanding Certificates of Occupancy until such time as any outstanding
impact fees are paid in full or credited.
Section 14. [RESERVED]
Section 15. Dedication of Public Lands. The Developer shall dedicate the land that it
owns that is needed to construct the Transportation Improvement Project as defined in Exhibit C;
provided, however, Developer shall be able to include the fair market value of such dedications
into the respective credit calculation as provided in this Agreement up to the maximum credit
amount. Any dedications needed to construct the Transportation Improvement Project shall be
completed prior to the City's acceptance of the Transportation Improvement Project and Parks
Property Transfer. Provided, however, that such dedications needed to construct the Transportation
Improvement Project shall occur prior to the issuance of the certificate of occupancy of the fourth
building developed on the Project. Furthermore, the Certificate of Occupancy for the fourth (or
subsequent) building(s) will not issue until the dedications needed to construct the Transportation
Improvement Project are complete. At the time of this Agreement, three building permits are ready
to issue for the first three buildings in the Project, i.e., the Club House, Building A and Building
B. These three buildings (or whichever buildings are the first three completed) may be issued
certificates of occupancy prior to dedications needed to construct the Transportation Improvement
Project being completed.
Section 16. Water Capital Facility Charge. The Development Project is subject to the City's
water capital facility charge ("Water CFC") fee pursuant to POMC 13.04.030. Developer shall
pay the Water CFC fees for the Development Project at the rate set as of May 1, 2021 provided
that Developer pays any Water CFC fees associated by the Development Project by August 31,
2021 ("Water CFC Payment"). If the Developer makes the Water CFC Payment prior to August
31, 2021, the City shall credit the Water CFC Payment on a per -permit basis for the Building
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Permits associated with the Development Project once ready for issuance, Back to Agenda
subsequent to August 31, 2021.
Section 17. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Parry to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Parry charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition,
the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs
as provided in the POMC for violations of this Agreement and the Code.
Section 18. Termination. This Agreement shall terminate five (5) years after effective date.
Upon termination of this Agreement, the City shall record a notice of such termination in a form
satisfactory to the Parties that the Agreement has been terminated.
Section 19. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in POW Chapter 20.26
POMC.
Section 20. Effect upon Termination on Developer. Termination of this Agreement as to
the Developer shall not affect any of the Developer's respective obligations to comply with the
City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other
land use entitlements approved with respect to the Property, or obligations to pay assessments,
liens, fees, or taxes. Furthermore, if the Agreement expires without the Improvement Project or
Parks Property Transfer costs being fully recovered by impact fee credit or mitigation funds, the
Developer will no longer be eligible to receive such credits.
Section 21. Effects upon Termination on City. Upon any termination of this Agreement as
to the Sidney Road Property, or any portion thereof, the City will be under no obligation to provide
any additional credits or reimbursement to Developer even if the Transportation Improvement
Project or Parks Property Transfer costs have not been fully recovered at the time of expiration or
termination.
Section 22. Assignment and Assumption. The Developer shall have the right to sell, assign
or transfer this Agreement with all rights, title, and interests therein to any person, firm, or
corporation at any time during the term of this Agreement with a sale of the underlying property.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
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a portion of the Property, at least 30 calendar days in advance of such action; p.- . _-, .......,
failure to strictly comply with the 30 calendar day notice provision shall not be considered a breach
of this Agreement.
Section 23. Binding on Successors; Covenants Running with the Land. The conditions and
covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the
land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer
and every purchaser, assignee, or transferee of an interest in the Sidney Road Property, or any
portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and
shall be the beneficiary thereof and a Party thereto, but only with respect to the Sidney Road
Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee
or transferee shall observe and fully perform all of the duties and obligations of a Developer
contained in this Agreement, as such duties and obligations pertain to the portion of the Sidney
Road Property sold, assigned, or transferred to it.
Section 24. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing; signed by the duly authorized representatives of the Parties, be consistent with
Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow
the same procedures set forth in Chapter 20.26 POMC. However, nothing in this Agreement shall
prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code,
Official Zoning Map or development regulations, or to impacts fees that affect the Sidney Road
Property in the same manner as other properties, after the Effective Date of this Agreement.
Section 25. General release. Developer may free itself from further obligations relating to the
sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly
assumes the obligations under this Agreement as provided herein, including the obligation to
construct the Transportation Improvement Project.
Section 26. Notices. Notices, demands, correspondence to the City and/or Developer (as
applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of
the parties as designated in "Written Notice" Section 38 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the
Developer shall be required to be given by the City only for those successors -in -interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 27. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within
application fees; provided however, the City shall provide written notice to Developer if the
expenses to the City are anticipated to exceed Twenty -Five Thousand Dollars and No Cents
($25,000.00) and the parties shall meet and confer regarding the City's anticipated costs as
provided in Section 28(a). Upon payment of all expenses, the Developer may request written
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acknowledgement of all fees. Such payment of all fees shall be paid, at the latest,, Back to Agenda
days from the City's presentation of a written statement of charges to the Developer.
Section 28. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within ten
(10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director, Public Works Director, and/or the Mayor's designee and any
persons with information relating to the dispute, and Owner shall send an owner's representative
and any consultant or other person with technical information or expertise related to the dispute.
b) Court. If the parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay
the other Parties' expenses and reasonable attorney's fees.
Section 29. No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
Section 30. City's right to breach. The parties agree that the City may, without incurring any
liability, engage in action that would otherwise be a breach if the City makes a determination on
the record that the action is necessary to avoid a serious threat to public health and safety, or if the
action is required by federal or state law.
Section 31. Developer's Compliance. The City's duties under the agreement are expressly
conditioned upon the Developer's substantial compliance with each and every term, condition,
provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws
and regulations and the Developer's obligations as identified in any approval or project permit for
the property identified in this Agreement.
Section 32. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give right only to damages under state contract law and shall not give rise to any liability
under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or
similar state constitutional provisions.
Section 33. Third Party Legal Challenge. In the event any legal action or special proceeding
is commenced by any person or entity other than a Party to challenge this Agreement or any
provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend
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the City from all costs and expenses incurred in the defense of such lawsuit or,
in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The
Developer shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 34. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any Parry in default hereof.
Section 35. Recording. This Agreement shall be recorded against the Property with the real
property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of the property and any successors in interest to such property.
Section 36. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
Section 37. Non -Waiver of Breach. The failure of a Parry to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 38. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
SIDNEY ROAD APARTMENTS L.L.C.
Attn: Brianne Kelsey
601 Union Street, Suite 3500
Seattle, WA 98101
BKelsey&Igga og n.com
McCullough Hill Leary, P.S.
Attn: Ian Morrison
701 5th Avenue, Suite 6600
Seattle, WA 98104
imorrisonaMhseattle.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rrputaansuugcityofportorchard.us
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 39. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
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Section 40. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Parry covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably necessary
to carry out this Agreement, including the Improvement Projects and Development Project, as may
be necessary to provide a Party with a full and complete enjoyment of its rights and privileges
under this Agreement.
Section 41. Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
Section 42. Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument. Each
counterparty shall be deemed as an original as to the Party whose signature it bears, and all such
counterparts shall constitute one document.
Section 43. Entire Agreement. The written provisions and terms of this Agreement, together
with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the parties, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, this Agreement. The entire
agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement and exhibits thereto.
[SIGNATURE PAGE FOLLOWS]
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 16 of 19
1386186.8 - 366922 -0031
Page 140 of 319
IN WITNESS WHEREOF, the parties have executed this Agreement o Back to Agenda
July, 2021.
SIDNEY ROAD APARTMENTS L.L.C.
By: INVESTCO L.L.C.
Its: Manager
By: �Kz L . —
M in D. Waiss
Its: President
APPROVED AS TO FORM:
Ian Morrison
Attorney for Sidney Road
CITY OF PORT ORCHARD
By:
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
J ifer S. Robertson
AYlorney for Port Orchard
ATTEST:
:B�.Mt YIQ.C-A-4a,-
Brandy Rinearson
Port Orchard City Clerk
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 17 of 19
1386186.8 - 366922 -0031
Page 141 of 319
Back to Agenda
IN WITNESS WHEREOF, the parties have executed this Agreement on this 13th day of
July, 2021.
SIDNEY ROAD APARTMENTS L.L.C.
By: INVESTCO L.L.C.
Its: Manager
By:
Martin D. Waiss
Its: President
OVER AS TO FORM:
-
latj Morrison
Attorney for Sidney Road
CITY OF PORT ORCHARD
By:
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
JVn!fer S.Robertson
Aney for Port Orchard
ATTEST:
Brandy Rinearson
Port Orchard City Clerk
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 17 of 19
1386186.8 - 366922 -0031
Page 142 of 319
NOTARY BLOCK FOR PORT ORCHARD Back to Agenda
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated: JLDt V 91 20
J, d
Lr))n-P 1i0VA
(print or type name)
NOTARY PUBLIC in and for the
St to of Washington, residing at:
My Commission expires:
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 18 of 19
1386186.8 - 366922 -0031
Page 143 of 319
Back to Agenda
NOTARY BLOCK FOR SIDNEY ROAD APARTMENTS L.L.C.
STATE OF WASHINGTON )
ss.
COUNTY OF ��i►'lq )
I certify that I know or have satisfactory evidence that Mar4in n. VJa15S 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 acknowledged it as the
1NVES+CO l.l-•C• AS MA„g9tr
Pres tyJ of of,SlAw4 Q*o,d a.+,„e„+5 c.t to be the free and voluntary act of such Party for the uses and
purposes mentioned in the instrument.
Dated: J,A,1m 1 (a 20 2 t
\\�"� E SEN►h" /�i�i,
PPA� MER os fo�C�O
'QQ��I. 9'•
Qz tAo7ARv NON
PUBLIC
G
�11atrv, F- sewv�e l � o
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
�ecO+ �e—
My Commission expires: M(o Zp� 3
Development Agreement for Funding Transportation and Park Improvements
Sidney Road Apartments L.L.C.
Page 19 of 19
1386186.8 - 366922 -0031
Page 144 of 319
EXHIBIT A Back to Agenda
LEGAL DESCRIPTION
SIDNEY ROAD APARTMENTS
TAX PARCEL NUMBER: 112301-2-053-2007
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING
NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT ORCHARD; AND
EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND
10 FEET WEST OF THE CENTERLINE OF THE PRESENT COURSE OF
BLACKJACK CREEK; ALSO EXCEPT THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 1153269; TOGETHER
WITH THAT PORTION PER QUIT CLAIM DEED RECORDED UNDER AUDITOR'S
FILE NO. 201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C
OF SHORT PLAT NO. PO-74, RECORDED UNDER AUDITOR'S FILE
NO. 9212310158 (S-1066) LYING SOUTH OF THE ROAD KNOWN AS SW HOVDE
COUNTY ROAD. ALSO THAT PORTION OF THE SOUTH TEN (10) ACRES OF
THE NORTH FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF COUNTY ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET; EXCEPT SIDNEY
ROAD N.W.; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR
SIDNEY ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 9205220166.
ALSO THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES
OF THE SOUTH 10 ACRES OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON- EXCEPT THE
WEST 30 FEET THEREOF CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S
FILE NO. 9205220164 FOR SIDNEY ROAD S.W. ALSO THAT PORTION OF THE
SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158
FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID
SUBDIVISION, 8 FEET; THENCE NORTH PARALLEL TO THE WESTERLY LINE
Legal Description 1
Page 145 of 319
OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY PARALLEL , Back to Agenda
SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET TO THE WESTERLY LINE
THEREOF; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE
NORTHERLY LINE OF SAID 5 ACRE TRACT; THENCE EASTERLY ALONG SAID
NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE
THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE
POINT OF BEGINNING; EXCEPT SIDNEY ROAD.
ALL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
PLANNED PARK PROPERTY
TAX PARCEL NUMBER: 112301-2-009-2002
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON
, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE
OF SAID SOUTH 5 ACRES, 142 FEET; THENCE NORTHERLY AND PARALLEL TO
THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 158 FEET; THENCE
EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID
SUBDIVISION, 8 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST
BOUNDARY LINE OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY AND
PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION, 150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 250 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION
CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE NO.
9205080054.
Legal Description 2
Page 146 of 319
EXHIBIT B Back to Agenda
Page 147 of 319
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ILIFT STATION
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SITE PLAN_
PLANNED PARKS PROPERTY V = 150'
Page 148 of 319
EXHIBIT C Back to Agenda
Improvement Plan removed for County recording purposes; Plan is on file
with the City of Port Orchard under Permit No. LU21-DEV AGREEMENT-01
Page 149 of 319
DocuSign Envelope ID: A311DB15-EF16-4293-A16C-1592C06528BF
W-.0
City of Port Orchard
Nick Bond, Community Development Director
216 Prospect Street
Port Orchard, WA 98366
Dear Nick Bond:
Back to Agenda
This letter is intended to serve as certification that each cost represented in the enclosed Frontage
Improvements Certified Costs document is true and accurate.
Sincerely,
DocuSigned by:
E
vtal� �dst j
94668654EECA428...
Brianne Kelsey
Senior Director of Development
Enclosure
601 UNION STREET, SUITE 3500 1 SEjDUM,.tb?#4Rj9 1 206.233.9600 1 TARRAGON.COM
Back to Agenda
TARRAGON
Haven Apartments
Certified Costs: Sidney Rd. Frontage Improvements
Prepared: 2/8/2023
ONTAGE IMPROVEMENTS ACTUAL COST
Hard Costs
Frontage Demo + Prep
Mobilization, Admin., GPS Model $5,000.00
= INCLUSIONS
Includes asphalt demo, curb/gutter/asphalt prep by T Barger.
TESC Maintenance $2,500.00
Traffic Control
$15,000.00
Rough Grade
$1,901.92
Sawcut 4" asphalt
$7,800.00
Demo 4" asphalt
$8,725.00
Asphalt subgrade prep w/4" CSBC
$11,661.02
Curb + Gutter subgrade prep w/2" rock
$4,438.00
Pole base, secondary vault, bollard
$3,000.00
Subtotal
$60,025.94
Sidney Road Storm System
Connection to Existing Frontage Storm
$1,000.00
18" CPEP w/Imported Backfill Frontage Storm
$16,607.00
15" CPEP w/Imported Backfill Frontage Storm
$22,890.00
12" CPEP w/Imported Backfill Frontage Storm
$16,304.00
48" Type 2 CBMH Frontage Storm
$19,600.00
Type 1 CB w/Curb Inlet Frontage Storm
$3,900.00
Jack + Raise
$7,200.00
Subtotal
$87,501.00
Sidney Road Survey
$6,748.19
Sidney Road Frontage Improvements
Curb + Gutter Installation
$34,414.76
Paving
$150,570.38
Landscaping + Irrigation
$20,635.00
Striping
$8,131.00
Includes bike lanes, crosswalk, turn lane, etc. by Stripe Rite.
Subtotal
$213,751.14
HARD COSTS SUBTOTAL
$368,026.27
General Conditions
$29,442.10
8% of hard costs.
Construction Management Fee
TOTAL HA'j
Soft Costs
$25,761.84
7% of hard costs.
Design
$29,200.00
ESM Civil Engineering.
Page 151 of 319
Back to Agenda
TARRAGON
Haven Apartments
Certified Costs: Sidney Rd. Frontage Improvements
Prepared: 2/8/2023
ONTAGE IMPROVEMENTS ACTUAL COST
Permitting $2,403.50
Bonding $18,155.63
Legal $21,078.93
Accounting $475.08
Taxes $693.87
Insurance $2,246.79
INCLUSIONS
Includes ROW permit costs, irrigation meter/connection charges, etc.
Existing Performance + Estimate for Two-Yr. Warranty + Maintenance
Actual McCullough Hill and Inslee Best legal fees for Development Agreement.
Based on frontage improvement's percentage of total Haven Apts project costs.
Based on frontage improvement's percentage of total Haven Apts site area.
Based on frontage improvement's percentage of total Haven Apts project costs.
Financing $4,111.76
Interest $22,224.02
TAL SOFT COSTS $100,58Wd
Land Value
A VALUE i=mi
�TOTAL FRONTAGE IMPROVEMENT COSTS $580,084.80
Based on frontage improvement's percentage of total Haven Apts site area.
and Loan + Construction Loan Interest on frontage improvement costs only.
Per july 2021 appraisal by ABS Valuation.
Minimum Cost Threshold for Credits: $469,800.00
Per recorded Development Agreement.
Variance of Actual Costs to Threshold: $110,284.80
Amount project exceeded threshold set out in Development Agreement.
Credits Available: $469,800.00
Per recorded Development Agreement.
Page 152 of 319
WHEN RECORDED RETURN TO:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RIGHT OF WAY DEDICATION DEED
Grantor: Haven on Sidney L.L.C., a Washington Limited
Liability Company
Grantee: City of Port Orchard, a Washington Municipal
Corporation
Legal Description: SEE ATTACHED EXHIBIT "A"
Parcel Nos.: 112301-2-053-2007
Reference Number:
RIGHT OF WAY DEDICATION DEED
The GRANTOR, Haven on Sidney L.L.C., a Washington Limited Liability Company and
owner of the real property described herein, for and in consideration of mutual and offsetting
benefits, the sufficiency of which is hereby acknowledged, hereby grants, conveys, and
dedicates to GRANTEE, CITY OF PORT ORCHARD, a municipal corporation of the State
of Washington, the following described real property, including any after acquired title, as
and for public right of way, to be used for all lawful right of way purposes including, but
not limited to, public roads, streets, surface transportation and associated uses as well as the
installation, operation and maintenance of utilities, over, under, and along the following
described real property in the City of Port Orchard, County of Kitsap, State of Washington:
See EXHIBIT "A", which is attached hereto
and incorporated herein by this reference.
The right of way is legally described on EXHIBIT `B", attached hereto, and made part of
this Deed by this reference. A drawing of the Right of Way is attached hereto as EXHIBIT
"C" and made part of this Deed by this reference.
Further, Grantor agrees to indemnify and hold the Grantee harmless from liability for any
and all claims under the Comprehensive Environmental Response, Compensation, and
RIGHT OF WAY DEDICATION DEED
Page 1
Page 153 of 319
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Liability Act, 42 U.S.C. § 9601 et seq., and the Model Toxics Control Act, Chapter 70.1 C
RCW, which may arise from the property dedicated pursuant to this Deed. 00
It is understood and agreed that this deed shall become binding upon the Grantee upon
accepted by its Mayor or his designee as indicated by signature below. The rights and
obligation in this Dedication Deed shall inure to the benefit of and be binding on the Parties
and be binding on their respective successors and assigns.
GRANTOR:
This instrument is executed on this 7.8 day of November, 2022.
XL/1/1—
Joraan Schenk, Vice President/Portfolio Manager of Investco L.L.C., as Manager of
Haven on Sidney L.L.C.
ACCEPTED:
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Date:
Grantor's Acknowledgement on Next Page
RIGHT OF WAY DEDICATION DEED
Page 2
Page 154 of 319
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STATE OF WASHINGTON ) m
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jordon Sehenjcis the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he executed the instrument and acknowledged it as his free and voluntary act for
the uses and purposes mentioned in the instrument.
Dated this 7.8 day of November , 2022.
0 ��sSwN F!��'J' � Notary Public i n for e State of Washington
Q# �,oTAq`'0. %C z� My Commission Expire: 1 / 21 /2c)-14
186571
4
� A013L 2 =
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WASO
RIGHT OF WAY DEDICATION DEED
Page 3
Page 155 of 319
Haven Apartments
Job No. 2155-001-020
November 18, 2022
EXHIBIT A
LEGAL DESCRIPTION FOR SITE
PARCEL I:
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THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THAT PORTION LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD;
AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE PARALLEL TO AND 10 FEET WEST
OF THE CENTERLINE OF THE PRESENT COURSE OF BLACK JACK CREEK;
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269;
TOGETHER WITH THAT PORTION PER QUITCLAIM DEED RECORDED UNDER AUDITOR'S FILE
NO.201107260315, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066) LYING SOUTH OF THE
ROAD KNOWN AS SW HOVDE COUNTY ROAD;
PARCEL II:
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTH 15 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING SOUTH OF COUNTY
ROAD NO. 146;
EXCEPT THE SOUTH 190 FEET OF THE WEST 180 FEET;
AND EXCEPT SIDNEY ROAD S.W.;
AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR SIDNEY ROAD BY DEED
RECORDED MAY 22, 1992 UNDER AUDITOR FILE NO 9205220166;
Page 156 of 319
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PARCEL III:
THE SOUTH 190 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10
ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KITSAP COUNTY UNDER
AUDITOR'S FILE NO. 9205220164 FOR SIDNEY ROAD S.W.:
PARCEL IV:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 8 FEET;
THENCE NORTH PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 92 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET
TO THE WESTERLY LINE THEREOF;
THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5
ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE THEREOF;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING;
EXCEPT SIDNEY ROAD;
PARCEL V:
THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE EASTERLYALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH 5 ACRES, 142
FEET;
THENCE NORTHERLY AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID
SUBDIVISION, 158 FEET;
THENCE EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION,
8 FEET;
Page 157 of 319
Haven Apartments
November 18, 2022
Page 3
THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID SUBDIVISION,
92 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SUBDIVISION,
150 FEET;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID SUBDIVISION, 250
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY AS DISCLOSED BY AUDITOR'S FILE
NO. 9205080054;
SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
Legal description is from Statutory Warranty Deed recorded under Auditor's File No.
202007200376.
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Page 158 of 319
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Job No. 2155-001-020
November21, 2022
EXHIBIT B
LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION
That portion of the northwest quarter of the northwest quarter of Section 11, Township 23 North,
Range 1 East, W.M., in Kitsap County, Washington, lying easterly of Sidney Road S.W., southerly
of S.W. Hovde Road and westerly of SR 16 which lies westerly and northerly of the following
described line:
COMMENCING at the northwest corner of said Section 11;
THENCE along the west line of said northwest quarter, S 02°26'27" W, 1073.26 feet;
THENCE S 87033'33" E, 30.00 feet to the easterly margin of Sidney Road S.W. AND the TRUE
POINT OF BEGINNING;
THENCE continuing S 87°33'33" E, 18.00 feet to the east line of the west 48 feet of said northwest
quarter;
THENCE along said east line, N 02°26'27" E, 630.33 feet to a point of curvature;
THENCE easterly 60.08 feet along the arc of a non -tangent curve to the right, having a radius of
42.50 feet, the radius point of which bears S 28035'58" E, through a central angle of 80°59'53" to
a point of tangency;
THENCE S 37036'05" E, 23.30 feet to a point of curvature;
THENCE southeasterly 148.46 feet along the arc of a tangent curve to the left, having a radius of
222.50 feet, through a central angle of 38°13'48" to a point of tangency;
THENCE S 75049'53" E, 36.80 feet to a point of curvature;
THENCE easterly 2.70 feet along the arc of a tangent curve to the left, having a radius of 18.00
feet, through a central angle of 08035'54" to a point of tangency;
THENCE S 84025'47" E, 5.90 feet to a point of curvature;
THENCE easterly 1.91 feet along the arc of a tangent curve to the left, having a radius of 18.00
feet, through a central angle of 06°04'46" to a point of tangency;
Page 159 of 319
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November 18, 2022
Page 2
THENCE N 89029'27" E, 17.37 feet to a point of curvature;
THENCE easterly 6.55 feet along the arc of a tangent curve to the right, having a radius of 50.00
feet, through a central angle of 07030'03" to a point of tangency;
THENCE S 83000'30" E, 224.35 feet to a point of curvature;
THENCE easterly 225.30 feet along the arc of a tangent curve to the right, having a radius of
527.50 feet, through a central angle of 24028'17';
THENCE N 31 °27'47" E, 2.5 feet, more or less, to the southerly margin of S.W. Hovde Road AND
the terminus of this line.
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Page 160 of 319
EXHIBIT C
TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION
T. 23 N., R. 1 E., W.M., KITSAP COUNTY, WASHINGTON
t23* FOUND COPPER PIN IN
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Page 161 of 319
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7D Meeting Date
Approval of a Resolution Adopting Hiring
Personnel Policies Related to the Citv's
Practices
Back to Agenda
March 28, 2023
Prepared by: Debbie Lund
HR Director
Atty Routing No.: 366922-0008
Atty Review Date: 03/13/2023
Summary: Human Resources continues to review existing City personnel policies and, when
appropriate, makes recommendations for revisions and adoption of new policies. In the past couple
years, several City employees have changed positions for various reasons. The policies for your
consideration tonight are to document the City's practices related to movement of employees in cases
of promotion, demotion, transfers, reclassifications, and temporary assignments. In addition, the
proposed policies document the City's current practice related to implementation of pay range
adjustments.
The proposed policies document current practices related to promotions, reclassifications, pay range
adjustments, and temporary assignments. Policies related to demotions and transfers have not been
needed in the past four years but are proposed to document the City's intentions before those situations
arise.
These proposed policies were shared with City staff and the union representatives on Friday, March 10,
2023.
Recommendation: In support of the Council's guiding principal to "raise the bar" staff recommends the
City Council adopt the attached resolution adopting personnel policies related to promotions,
demotions, transfers, reclassifications, pay range adjustments and temporary assignments.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to adopt a Resolution, amending personnel policies related to
promotions, demotions, employee transfers, position reclassifications, pay range adjustments and
temporary assignments as presented."
Fiscal Impact: Any pay range adjustments or position changes that have budget impacts which would
need to be approved by the council separately.
Alternatives: Do not approve the Resolution and provide alternative guidance.
Attachments: Resolution and Exhibit A
Page 162 of 319
RESOLUTION NO.
Back to Agenda
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING PERSONNEL POLICIES RELATED TO PROMOTIONS,
DEMOTIONS, TRANSFERS, RECLASSIFICATIONS, PAY RANGE
ADJUSTMENTS AND TEMPORARY ASSIGNMENTS
WHEREAS, the Human Resources Department continues to review and, where appropriate,
recommend modifications and additions to personnel policies; and
WHEREAS, Chapter 3 of the City's Personnel Policy manual addresses the hiring practices of
the City; and
WHEREAS, as the number of employees at the City continues to grow, more and more
employees will have opportunities to change positions within the City; and
WHEREAS, the City has a well -established practice of conducting and implementing salary
studies for non -represented employees; and
WHEREAS, based on this, the City desires to create policies related to employee
promotions, demotions, transfers between positions, reclassification of positions, and
appointment to temporary or acting positions; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: Personnel policies related to promotions, demotions, transfers, reclassifications,
pay range adjustments and temporary assignments are hereby adopted in substantially
the same form as attached hereto as Exhibit A. The Mayor is directed to incorporate these
new policies into the City's existing Personnel Policy Manual and take all necessary steps
to implement these policies.
THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the
personnel policies and procedures, including those adopted by this Resolution, as needed
with notification to the City Council.
Page 163 of 319
Back to Agenda
Resolution iv o. u - --z3
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28' day of March 2023.
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 164 of 319
EXhih`* """
Back to Agenda
NEW POLICY to address salary upon promotion
3.11 PROMOTIONS
A promotion is an appointment to a position which has a higher maximum salary rate than
the employee's present position. When an employee is promoted, the Mayor or designee has the
discretion to determine the entry point of the new range based on the qualifications of the
employee. Generally, the City strives for a minimal 5% increase between the employee's present
pay rate and the assigned salary step within the new position's salary range. When, at the time of
the promotion, the employee is within one (1) month of an anticipated step date in their present
position, the employee's pay is assumed to be at the higher step before the promotional pay rate is
established. The next step increase date, if any, will be reset based upon the employee's promotion
date.
Page 165 of 319
Back to Agenda
NEW POLICY to address salary upon demotion
3.12 DEMOTIONS
A demotion is a voluntary or involuntary appointment to a position which has a lower
maximum salary rate than the employee's present position. When a demotion occurs, the
department manager will recommend to the Mayor a salary for the demoted employee within the
salary range of the lower classification which is less than or equal to the employee's present salary.
The next step increase date, if any, will be reset based upon the employee's demotion date.
Page 166 of 319
Back to Agenda
NEW POLICY to address salary upon transfer from one position to another with the same pay
range
3.13 TRANSFERS
A transfer is a voluntary or involuntary appointment to a position which has a salary range
identical to that of the employee's present position. When a transfer occurs the employee retains
their current placement within the salary range. There is no change or adjustment to the timing of
the employee's next scheduled step increase date, if any.
Page 167 of 319
Back to Agenda
NEW POLICY to address salary upon Reclassification of a Position
3.14 RECLASSIFICATIONS
A reclassification may occur when the duties and responsibilities of an existing
classification are changed based on an analysis of the employee's written job description compared
to actual job requirements. Department Directors must, in consultation with Human Resources,
request the reclassification in writing to the Mayor or designee. The Mayor or designee will
determine whether the present classification is correct or whether a reclassification is necessary.
A. When a reclassification occurs, an employee occupying the position may be retained in
the position, provided that the Mayor, or designee, determines that the reclassification
results from an official recognition of a change in duties and responsibilities which has
already occurred and which has historically been performed by the employee in that
position.
B. If the reclassification results in a higher maximum salary, this constitutes a promotion
and the rules governing promotion with regard to salary apply. If the reclassification
results in a lower maximum salary, this constitutes a demotion and the rules governing
demotion with regard to salary apply.
C. Nothing in this policy is to be interpreted as restricting a supervisor from assigning an
employee of one classification to perform some of the duties of a higher or lower
classification for a limited period of time.
Page 168 of 319
Back to Agenda
NEW POLICY to address handling of pay range adjustments
3.15 PAY RANGE ADJUSTMENTS
The City strives to provide competitive salaries in the marketplace for purposes of
recruitment and retention. From time to time the City will conduct a comprehensive salary study
to review the established salary range of positions. Department Directors may request a review of
individual position salaries when the Director has reason to believe that the current salary range is
out of market. Such requests must be submitted to the Mayor, or designee, with a written
justification for the request. At the direction of the Mayor, Human Resources will conduct or
arrange for the salary review.
A. If a salary adjustment is warranted and the adjustment results in a higher pay range,
the employee's salary will be adjusted to the same step on the newly established
pay range.
B. If a salary adjustment is warranted and the adjustment results in a lower salary
range, the employee's salary will be frozen in place until the pay range catches up
to the employee's pay. Until that time, the employee is not eligible for step or cost
of living increases. Once the pay range exceeds the employee's frozen pay rate, the
employee will be placed on the top step of the approved pay range as soon as the
pay range becomes applicable to the position.
C. Nothing in this policy is to be interpreted as restricting a supervisor from assigning
an employee of one classification to perform some of the duties of a higher or lower
classification for a limited period of time.
Page 169 of 319
Back to Agenda
NEW POLICY to address salary upon transfer from one position to another with the same pay
range
3.16 TEMPORARY OR "ACTING" ASSIGNMENTS
When the need arises to fill a position due to an approved leave of absence, disciplinary
actions or when a vacancy exists, a current regular status employee may be appointed to an
"acting" position with a higher pay range. Such appointments are for a limited time to fill a
temporary vacancy. Employees will not attain regular status in the higher position from the acting
appointment and will be returned to their previous position. No introductory period is required for
an acting appointment.
An employee assigned an "acting" appointment status will be compensated in the higher
pay range in a manner similar to that of promotion. However, any pending or scheduled step
increases will not be considered when placed within the new pay range. The employee will remain
eligible for a step increase, if any, based upon their placement date into their present position
(before assignment to an "acting" position).
If the employee is later promoted into the higher paid position, the timing of the employee's
next step increase, if any, will be determined based off the date of their assignment into the same
"acting" position. The employee will serve an introductory period based off the date of
appointment to the regular (non -acting) position.
Nothing in this policy is to be interpreted as restricting a supervisor from assigning an
employee of one classification to perform some of the duties of a higher or lower classification for
a limited period of time without placing them in an official "acting" capacity.
Page 170 of 319
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E
Back to Agenda
Meeting Date: March 28, 2023
Subject: Adoption of a Resolution Approving a Contract Prepared by: Tony Lang
With KR Homes, LLC for the Sroufe Water Main Public Works Director
Replacement Project Atty Routing No: 366922-0009 — PW
Atty Review Date: 03/23/2023
Summary: The City identified the need to replace the water main on Sroufe St. between Sidney Ave.
and Tacoma Ave., referred to as the Sroufe Water Main Replacement Project. The City budgeted for
this water main replacement project in the 2023-2024 Biennial Budget. By this Resolution, the City
Council would authorize the Mayor to execute a contract with KR Homes, LLC for the Sroufe Water main
Replacement Project (the "Project").
Pursuant to the City's Procurement Policies and Procedures, Resolution No. 036-22, Section 5 Bid
Procedures, the City's Public Works Department prepared an Invitation to Bid for this Project and
solicited bids in the Kitsap Sun and Daily Journal of Commerce on December 16, and December 23,
2022. On December 16, 2022, staff also uploaded the bid documents to the Washington Builder's
Exchange and the City's Webpage. On January 18, 2023, by the 11:00 am bid deadline, the City Clerk
received eleven (11) sealed bids. After confirming that there were no objections made and that there
were no challenges to the Public Opening process, the eleven (11) sealed bids were opened and read
aloud by the City Clerk. Bids that were received prior to the January 18, 2023, 11:00 am deadline and
read aloud at the bid opening were as follows:
Name of Contractor
Bid Total
HCon, Inc.
$390,480.09
Diversified Holdings NW
$415,222.59
New X, Inc.
$400,220.50
Marwood General Construction
$407,883.84
Reed Trucking & Excavating, Inc.
$358,222.41
Ceccanti, Inc.
$589,736.78
Pape & Sons Construction, Inc.
$336,475.23
NW Cascade, Inc
$460,824.00
Tucci & Sons, Inc
$437,321.43
KR Homes, LLC
$317,542.68
Irish Brothers, LLC
$498,514.58
The City Clerk prepared a Bid Tabulation form and the Public Works Department prepared the Bid
Evaluation form (including applicable taxes, labor, equipment, material, and fees). It was determined that
Page 171 of 319
the lowest qualified, responsible, and responsive bid was provided by KR Homes, LLC. Back to Agenda
the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist
and confirmed that KR Homes, LLC's bid of $317,542.68 was the lowest qualified, responsible, and
responsive bid. The Public Works Department also reviewed all materials and confirmed that the bidding
requirements for this public work have been followed.
Recommendation: Staff recommends that the City Council adopt Resolution No. 004-23, thereby
approving Contract No. C125-22 with KR Homes, LLC for the Sroufe Water Main Replacement Project
contract in the amount of $317,542.68 (applicable taxes included).
Relationship to Comprehensive Plan: Chapter 7 Utilities
Motion for Consideration: I move to adopt Resolution No. 004-23, thereby approving Contract No. C125-
22 with KR Homes, LLC for the Sroufe Water Main Replacement Project in the amount of $317,542.68.
Fiscal Impact: Sroufe Water Main Replacement is budgeted in the 2023-2024 Biennial Budget.
(413.05.594.34.60)
Alternatives: Do not approve
Attachments: Resolution No. 004-23
Contract No. C125-22
Page 172 of 319
Back to Agenda
RESOLUTION NO. 004-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
CONTRACT NO. C125-22 WITH KR HOMES, LLC FOR THE SROUFE WATER MAIN
REPLACEMENT PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES
WHEREAS, the City identified the need to replace the water main on Sroufe St. between
Sidney Ave. and Tacoma Ave., referred to as the Sroufe Water Main Replacement Project (the
"Project"); and
WHEREAS, the City budgeted for this water main replacement project in the 2023-2024
Biennial budget; and
WHEREAS, pursuant to the City's Procurement Policies and Procedures, Resolution No.
036-22, Section 5 Bid Procedures, the City's Public Works Department prepared an Invitation to
Bid for this Project and advertised in the Kitsap Sun and Daily Journal of Commerce on
December 16, 2022, and December 23, 2022; and
WHEREAS, on December 16, 2022, staff also uploaded the bid documents to the
Washington Builder's Exchange and the City's Webpage for the Project; and
WHEREAS, on January 18, 2023, by the 11:00 am bid deadline, the City Clerk received
eleven (11) sealed bids; and
WHEREAS, after confirming that there were no objections made and that there were no
challenges to the Public Opening process, the eleven (11) Sealed Bids were opened and read
aloud by the City Clerk; and
WHEREAS, the City Clerk prepared a Bid Tabulation form and the Public Works
Department prepared a Bid Evaluation resulting in an initial determination that the lowest
qualified, responsible, and responsive Bid was provided by KR Homes, LLC; and
WHEREAS, on January 25, 2023, the City's Public Works Department completed the
MRSC Bidder Responsibility Checklist for KR Homes, LLC and confirmed that KR Homes, LLC
submitted the lowest qualified, responsible, and responsive Bid, and further confirmed that all
applicable bidding procedures were followed for this Project; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Page 173 of 319
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THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C125-22 with KR Homes, LLC for the Sroufe Water Main Replacement Project.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 28th day of March 2023.
City Clerk, Brandy Wallace, MMC
Robert Putaansuu, Mayor
Page 174 of 319
Back to Agenda
CONTRACT
CITY OF PORT ORCHARD
SROUFE WATER MAIN REPLACEMENT
CONTRACT NO. C125-22
THIS CONTRACT ("Contract") is made and entered into this 14th day of March 2023, by and
between the City of Port Orchard, a municipality incorporated and existing under the laws
of the State of Washington, hereinafter called the "City," and KR Homes, LLC hereinafter called
the "Contractor."
WITNESSETH:
I. General Provisions.
A. Description of Work.
The Contractor, in consideration of the covenants, agreements and payments to be performed
and made by the City, hereby covenants and agrees to furnish all labor, tools, materials,
equipment and supplies required for, and to execute, construct and finish in full compliance
with the Contract Documents, SROUFE WATER MAIN REPLACEMENT. The Contractor further
agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal
dated January 16, 2023, attached hereto and incorporated herein by this reference as if set
forth in full. Contractor further represents that the services furnished under this Agreement will
be performed in accordance with and as described in the attached plans and specifications and
with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is
not limited to) the 2023 edition of the WSDOT Standard Specifications for Road, Bridge, and
Municipal Construction (which shall apply except where noted otherwise). All of these
standards are by this reference incorporated herein and made a part hereof. Contractor further
represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed.
The Contract Documents include:
Exhibit A -a confirmed copy of the Proposal made by the Contractor on January 16, 2023,
together with the Instructions to Bidders.
Exhibit B — The Project Manual for the SROUFE WATER MAIN REPLACEMENT.
Exhibit C — Retainage Options
All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as
if set forth in full.
B. Time of Completion.
Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall
start within 14 calendar days after Notice to Proceed is issued and that all construction shall be
complete within 65 working days after the Notice to Proceed Date.
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City of Port Orchard
Sroufe Water Main Replacement Page 175 of 319
Back to Agenda
C. Liquidated Damages.
It is further agreed that the City will suffer damage and be put to additional expense in the
event that the Contractor shall not have the specified portions of the work completed in all its
parts in the time specified, and as it may be difficult to accurately compute the amount of such
damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages,
the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard
Specifications, for each and every working day said work is not complete beyond the time
shown in the Proposal.
II. Non -Discrimination.
During the performance of this Contract, the Contractor, for itself, its assignees, and successors
in interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to compliance with the following Pertinent Non -Discrimination
Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the
Federal -aid recipients, sub- recipients and contractors, whether such programs or
activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at
49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Rev3/18/22 Project No. PW Contract No. Page 2
City of Port Orchard
Sroufe Water Main Replacement Page 176 of 319
Back to Agenda
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Title VI of the Civil Rights Act of 1964
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally
assisted programs of the Department of Transportation issued pursuant to such Act, must
affirmatively ensure that its contracts comply with these regulations.
Also, in accordance with Title VI, the City is required to include the following clauses in every
contract subject to Title VI and its related regulations.
Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the
regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made a
part of this Contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Contract, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations as set forth in Appendix A, attached hereto and incorporated herein by this
reference, including employment practices when this Contract covers any activity,
project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor
for work to be performed under a subcontract, including procurements of materials, or
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Sroufe Water Main Replacement
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leases of equipment, each potential subcontractor or supplier will be notified by the
Contractor of the Contractor's obligations under this Contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, national origin,
sex, age, disability, income -level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the City or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of the Contractor is in the exclusive possession of another who fails or refuses
to furnish the information, the Contractor will so certify to the City or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Contract, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Contract until the Contractor
complies; and/or
2. cancelling, terminating, or suspending the Contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs
one through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement
as the City or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the City to enter into any litigation to protect the interests of
the City. In addition, the Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
III. Public Records Act Chapter 42.56 RCW
Contractor understands that her/his bid response documents, and any contract documents may
be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be
required to disclose such documents upon a request. Contractor acknowledges that s/he has
been advised to mark any records believed to be trade secrets or confidential in nature as
"confidential." If records marked as "confidential" are found to be responsive to the request
for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of
the request so as to allow Contractor to seek a protective order from a Court. Contractor
acknowledges and agrees that any records deemed responsive to a public records request may
be released at the sole discretion of, and without notice by, the City.
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Sroufe Water Main Replacement
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IV. Termination
The City may terminate this contract for cause or for convenience.
1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to
its surety, terminate (without prejudice to any right or remedy of the City) the contract,
or any part of it, for cause upon the occurrence of any one or more of the following
events: Contractor fails to complete the work or any portion thereof with sufficient
diligence to ensure substantial completion of the work within the contract time;
Contractor is adjudged bankrupt, makes a general assignment for the benefit of its
creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a
material way to replace or correct work not in conformance with the Contract
Documents, Contractor repeatedly fails to supply skilled workers or proper materials or
equipment; Contractor materially disregards or fails to comply with laws, ordinances,
rules, regulations, or orders of any public authority having jurisdiction; or Contractor is
otherwise in material breach of any provision of the contract. Upon termination, the
City may, at its option, take possession of or use all documents, materials, equipment,
tools, and construction equipment and machinery thereon owned by Contractor to
maintain the orderly progress of, and to finish, the work, and finish the work by
whatever other reasonable method it deems expedient.
2. Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the
convenience of the City.
3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled
to make a request for an equitable adjustment for its reasonable direct costs incurred
prior to the effective date of the termination, plus a reasonable allowance for overhead
and profit on work performed prior to termination, plus the reasonable administrative
costs of the termination, but shall not be entitled to any other costs or damages,
whatsoever, provided however, the total sum payable upon termination shall not
exceed the Contract Sum reduced by prior payments.
V. Corporate Surety Bond
With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of
7-4te Ayilej �� �;� Dollars ($ IrLln W) with
glar ktI InSu(u mot_ as Surety, to ensule full compliance, execution and performance of
this Contract by the Contractor in accordance with all its terms and provisions.
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Sroufe Water Main Replacement
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VI. Independent Contractor.
The parties intend that an Independent Contractor -Employer Relationship will be created by
this Agreement and that the Contractor has the ability to control and direct the performance
and details of its work, the City being interested only in the results obtained under this
Agreement.
VII. Emplovment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more
members of any retirement system administered by the Washington State Department of
Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is
required to elicit on a written form if any of the Contractor's employees providing services to
the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by
an individual who retired using the 2008 ERFs, and whether the nature of the service and
compensation would result in a retirement benefit being suspended. Failure to make this
determination exposes the City to significant liability for pension overpayments. As a result,
before commencing work under this Agreement, Contractor shall determine whether any of its
employees providing services to the City or any of the Contractor's owners retired using the
2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided
by the City after this notification is made. This notification to DRS could impact the payment of
retirement benefits to employees and owners of Contractor. Contractor shall indemnify,
defend, and hold harmless the City from any and all claims, damages, or other liability,
including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused
by or resulting from Contractor's failure to comply with the terms of this provision. This
provision shall survive termination of this Agreement.
VIII. Changes.
The City may issue a written change order for any change in the Contract work during the
performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed
in the Notice provision section of this Agreement, within fourteen (14) calendar days of the
date Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in
good faith, to reach agreement with the Contractor on all equitable adjustments. However, if
the parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent
change order requests for that portion of the contract work. If the Contractor disagrees with
the equitable adjustment, the Contractor must complete the change order work; however, the
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Contractor may elect to protest the adjustment as provided in subsections A through E of
Section IX entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
IX. Claims. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days
of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days
of the date the Contractor knew or should have known of the facts or events giving rise to the
claim, whichever occurs first. Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to
have been waived by the Contractor unless a timely written claim is made in strict accordance
with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as
a result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the City
determines that a claim is valid, the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor
shall proceed promptly to provide the goods, materials and services required by the City under
this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral
order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
X. Limitation Of Actions.
CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH
THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS
COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER
BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. Warranty.
Upon acceptance of the contract work, Contractor must provide the City a two-year warranty
bond in the amount of twenty percent (20%) of the contract price a form and amount
acceptable to the City. The Contractor shall correct all defects in workmanship and materials
within two (2) years from the date of the City's acceptance of the Contract work, including
replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only
original replacement parts shall be used —rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1)
additional year from the date such correction is completed and accepted by the City. The
Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of
notice from the City of the defect. If the Contractor does not accomplish the corrections within
a reasonable time as determined by the City, the City may complete the corrections and the
Contractor shall pay all costs incurred by the City in order to accomplish the correction.
XI I. Indemnification.
Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the Contractor's performance
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of this Agreement, except for that portion of the injuries and damages caused by the sole
negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. The parties further acknowledge that they have
mutually negotiated this waiver.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
XIII. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representative,
employees or subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not
be construed to limit the liability of the Contractor to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification
Rev3/18/22 Project No. PW , Contract No. Page 9
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of the Commercial General Liability insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an insured under
the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on
a all-risk policy form and shall insure against the perils of fire and extended coverage
and physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance
covering the work will have a deductible of $5,000 for each occurrence, which will be
the responsibility of the Contractor. Higher deductibles for flood and earthquake perils
may be accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will remain the
responsibility of the Contractor. The Builders Risk insurance shall be maintained until
final acceptance of the work by the City.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance
limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
3. Builders Risk insurance shall be written in the amount of the completed value of
the project with no coinsurance provisions.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Commercial General Liability and
Builders Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
Rev3/18/22 Project No. PW , Contract No. Page 10
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2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned
tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the
Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding
and protective fences.
E. Waiver of Subrogation. The Contractor and the City waive all rights against each other
any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance or
other property insurance obtained pursuant to the Insurance Requirements Section of this
Contract or other property insurance applicable to the work. The policies shall provide such
waivers by endorsement or otherwise.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
G. Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss
may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy
that includes all applicable conditions, exclusions, definitions, terms and endorsements related
to this Project.
H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at
a minimum the same insurance coverage and limits as stated herein for the Contractor (with
the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide
evidence of such insurance.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible
for any loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
XV. Miscellaneous Provisions.
A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
Rev3/18/22 Project No. PW , Contract No. Page 11
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relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to
settle any dispute, difference or claim arising from the parties' performance of this Agreement,
the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit
exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap
County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
D. Assignment. Any assignment of this Agreement by either party without the written
consent of the non -assigning party shall be void. If the non -assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
E. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement, together with
any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
Rev3/18/22 Project No. PW , Contract No. Page 12
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H. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute an original, and all of which will together constitute this one
Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly
executed.
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
CONTRACTOR
By: I� [- Wl /KtJ
Title: I (c->IJW+
Address: IS Z �thJbg, �� S
TO (It-1 . WA
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
NOTICES TO BE SENT TO:
CONTRACTOR:
NAME KWv ?A4
ADDRESS I5Z r•�d„ gi 5*
TELEPHONE 30 %3 *1%
Email 16ART M I4Q 43Mp5.
CITY:
K. Chris Hammer, P.E., City Engineer
216 PROSPECT STREET, PORT ORCHARD, WA 98366
(360) 876-4991
publicworks@portorchardwa.gov
With a copy to the City Clerk at the same address
Rev3/18/22 Project No. PW , Contract No. Page 13
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366 Back to Agenda
(360) 876-4407 e FAX (360) 895-9029
_---=---=gym-
r..,a
Agenda Item No.: Business Item 7F
Agenda Staff Report
Subject: Adoption of a Resolution Authorizing the
Payment of Reestablishment and
Relocation Benefits for Venture Charters,
Inc., for the Bay Street Pedestrian Pathway
Project
Meeting Date:
March 28, 2023
Prepared by:
Charlotte Archer
City Attorney
Atty Routing No:
366922-0009 — PW
Atty Review Date:
N/A
Summary: The City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in
conjunction with the City, identified Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003
(the "Property") as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Those parcels served as
both a primary residence as well as the headquarters of Venture Charters, Inc. (the "Business"), a business owned
and operated by Randy Jones and Franklin Joseph Rusk. The viability of the business was verified by Tierra Right of
Way via income tax statements. The City purchased the Property in 2022, and the Business has now relocated.
Pursuant to WAC 468-100-306, the business is entitled to re-establishment benefits for costs actual, reasonable,
and necessary to establish the business in a new location, including repairs or improvements to the replacement
real property, reinstalling business equipment, and associated work, up to a statutory cap of $50,000. Under 468-
100-301(4), the Business is entitled to relocation benefits for the costs to move the personal property of the
business through either a commercial move or a self -move. The City Council previously authorized eligible
business moving costs of $7,743.84 ($1,100 for packing materials and equipment; $5,193.84 for labor; $575 for
truck rental; and $875 for junk removal). Per WAC 468-100-301(7)(c) Venture Charters is now requesting
reimbursement for additional moving costs to reconnect the hot tub ($250 for installation, and $800 for
plumbing), refrigerator and microwave (installation related work $1,400) moved from the acquired site and now
being installed at the replacement site ($2,450, plus tax) for a total additional moving claim of $2,670.50.
Tierra has determined the business re-establishment and moving expenses as a component of the Business'
relocation benefits in accordance with Resolution No. 028-16 (Right -of -Way Acquisition Procedures) and the City's
Relocation Assistance Program. On October 10, 2022, the Community Development Director executed the Agent
Move Estimate Recommendations, subject to Council approval.
Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified
within the Project Funding Estimate (PFE) and are Grant eligible. Additionally, additional moving expense claims
are possible.
Relationship to Comprehensive Plan: Chapter 8 - Transportation
Recommendation: Staff recommends Council approve payment of up to $50,000 for business re-establishment
and $2,670.50 for additional moving expenses for the relocation of Venture Charters, LLC, as part of the Bay Street
Pedestrian Pathway Project.
Motion for Consideration: I move to authorize the payment of $52,670.50 for eligible relocation and
reestablishment benefits for Venture Charters, LLC, as part of the Bay Street Pedestrian Pathway Project.
Page 188 of 319
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Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocates witnin the Nroject
Funding Estimate (PFE) for the Project and the 2021-2022 Biennial Budget.
Alternatives: None
Attachments: Resolution
Tierra Memo and supporting documents
Page 189 of 319
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RESOLUTION NO. -22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE PAYMENT OF MOVING EXPENSES FOR VENTURE CHARTERS, INC., AS
ELIGIBLE RELOCATION BENEFITS FOR THE BAY STREET PEDESTRIAN PATHWAY
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY
DOCUMENTS TO EFFECTUATE PAYMENT
WHEREAS, the City previously acquired real property at 1777 Bay Street, Kitsap County
Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property") to support the
construction of the Bay Street Pedestrian Pathway Project (the "Project"); and
WHEREAS, prior to the City's acquisition, the Property served as the corporate
headquarters for the business Venture Charters, Inc. (the "Business"); and
WHEREAS, in accordance with the City's Acquisition Procedures and Relocation
Assistance Program, the City's Right of Way Acquisition and Relocation Consultant, Tierra Right
of Way Services, Ltd., identified the eligible associated moving expenses resulting from the
relocation of the Business; and
WHEREAS, the consultant has identified the requisite relocation assistance benefits
owing to the Business, and staff has reviewed and approved those determinations, in
conjunction with the Washington State Department of Transportation, Local Programs, serving
as Contract Administrator for the Project; and
WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to
authorize the relocation payment consistent with the City's Relocation Assistance Program;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the payment of Relocation Benefits for moving
expenses in the amount of $7,743.84, as set out in Voucher No. 1 incorporated herein by this
reference, and authorizes the Mayor or his designee to execute all necessary documents to
effectuate payment.
Page 190 of 319
Resolution No. -22
--- ^ -r
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PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 28th day of March 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 191 of 319
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A C L S C Q M P A N Y
To: Nick M. Bond, AICP, Development Director
From: Leslie Findlay, ROW Operations Manager
Marge Bailey, Project Manager
Paula Ferreira -Smith, Relocation Agent
Date: March 20, 2023
Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail)
Parcel No.: 4027-032-001-0102 & 4027-023-018-0003
Displacee: Venture Charters, Inc., Business Relocation
Federal Aid No: STPE-STPUS-0166(008)
Displacee No.: 05
Subject: Replacement Site Reestablishment and Moving Expense Recommendation
Background Information
As part of the Bay Street Pedestrian Project. The City of Port Orchard purchased the above properties in
full. This acquisition triggered a business displacement and residential relocation. Venture Charters, Inc.
is a day tour fishing business offering special event cruises and funeral charter boat services. They also
offer vacation rental with waterfront access. It is owned and operated by Randy Jones and Franklin
Joseph Rusk.
To qualify for business relocation, the displaced business owner is required to meet the definition of a
displaced business by providing a completed copy of the most recent two years income tax. The displaced
business has provided a completed copy of the most recent two years income tax that confirm they claim
the business income, therefore they qualify as a displaced business and are eligible for business
reestablishment and moving expenses.
The displaced business, Venture Charters, Inc. moved to a replacement site at 1116 Shorewood Drive,
Bremerton, WA. The replacement site contains an area for an Accessory Dwelling Unit (ADU). The ADU
will be in the lower level of the owner's single-family dwelling. The displacee searched extensively for a
home with an ADU but was unable to find one suited for their business. Utilizing their reestablishment is
it reasonable for the displacee to modify this home to reestablish Venture Charters vacation rental
property. After months of searching, both by the agent and the owner, the displacee was only able to
obtain bids from two companies for the asphalt requirements and one for the required modifications. The
displacee requested bids and was only able to obtain one estimate for repairs and the modifications
required by code to make the downstairs an ADU dwelling.
Bid Number 1: Received August 4, 2022, from Hedera LLC, estimated cost of repairs and modifications
required by code for an ADU, the bid provided by the local contractor in the estimated amount of
$60,780.65. The bid was not detailed enough.
Tierra Right of Way Services, Ltd.
Leslie Findlay, Designated Broker
8685 Martin Way East, Suite 203 • Lacey, Washington 98516 • Phone: 206.363.1556
Right of Way • Cultural Resources • EnvironmentalF:PA6br!92 of 319
Toll Free: 800.887.0847 9 www.tierra-row.com
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Bid number 2: Received September 29, 2022, from Hedera LLC, was another estimate from ine same
contractor for the cost of repairs in the amount of $41,550.60.
Bid Number 3: Received January 25, 2023, from Agate Asphalt, in the amount of $19,575.19 for the
parking lot and driveway repairs only.
Bid Number 4 & 5: Received February 6, 2023, from Hedera LLC, in the amount of $61,332.39, expired
2/4/23. I let the displacee and the contractor know that the bid expired and obtained an updated bid that
expires on 3/17/2023. The bid is attached and has been detailed with the citations that apply to those items
that are considered eligible.
Bid Number 5 Analysis and Recommendation:
The displaced business is eligible to receive eligible reestablishment up to the $50,000 statutory
maximum and unlimited moving expenses, based on actual, reasonable, and necessary.
Per WAC 468-100-306(1)(a) — Repairs or improvements to the replacement real property as required by
federal, state, or local law, code, or ordinance and Bremerton Municipal Code, 20.46.010 Accessory
Dwelling Unit, the following items are recommended for reimbursement.
• Lower -level interior door opening
• Elimination lower stairway and close stairway for fire egress
• Lower -level interior sheet rock adaptation to 5/8 fire blocking
• Electrical — Box panel separation sub panel
• Electrical supply to lower level
• Parking Equipment rental for parking code update
• Transportation and traffic control
• Building and electrical permits
• Parking & Pavement
• Removal and disposal of all material waste for code updates
Per WAC 468-100-306(1)(d) — Redecoration or replacement of soiled or worn surfaces at the
replacement site.
Labor for painting
Interior paint and repairs, paint, and drywall
Flooring repairs
Per WAC 468-100-301(7)(c) - Disconnecting, dismantling, removing, reassembling, and reinstalling
relocated household appliances and other personal property. For businesses, farms or nonprofit
organizations this includes machinery, equipment, substitute personal property, and connections to
utilities available within the building; it also includes modifications to the personal property, including
those mandated by federal, state or local law, code or ordinance, necessary to adapt it to the replacement
structure, the replacement site, or the utilities at the replacement site, and modifications necessary to
adapt the utilities at the replacement site to the personal property (expenses forproviding utilities from
the right of way to the building or improvement are excluded).
• Electrical repair code change requirements for refrigerator, stove and microwave moved from
displacement site.
• Hot tub to lower -level unit installation of provided used hot tub
• Plumbing water intake drainage for hot tub, electrical 220 supply for hot tub
2
Page 193 of 319
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For the business to be eligible to receive business reimbursement payments, it would be necessary for the
displacee to submit invoices, proof of payments, receipts, and pass inspections performed by the
Relocation Agent. Once received, the supporting documentation will be verified prior to submitting for
payment request to the Agency.
Attached to this estimated bid request are the following documents:
• Bid Analysis
• Photos of replacement site (before modifications)
• Bids Received
• City of Bremerton ADU Guidebook with link to the Bremerton Municipal Code
The undersigned has reviewed and approved the above business reestablishment in the amount of $50,000
and moving expense in the amount of $2,670.50 recommendation for Venture Charter based on the
attached bid analysis.
Nick M. Bond, AICP
Development Director
City of Port Orchard
Date
Page 194 of 319
Hedera LLC dba Murphy's Heating and Cooling
1313 Corbet Dr Nw
Bremerton, WA 98312
3609574605
murphhvacamsn.com
ADDRESS
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Estimate 1782 19
Door to kitchen BDD.00T
Door and Frame Removal lower -level hardware to be provided by business owner Randy Jones
Lower -level interior door opening code requirements WAC 468-100-306(1) (a) 250.00T
Elimination lower stairway 2,B00.00T
Close up stairway for fire egress code WAC 468-100-306(1) (a)
Lower -level interior sheet rods adaption to 5M fire blocking for business code updates. WAC 468-100-306 (1) (a) 7,513D.00T
Eliminate the existing HVAC system. Create separate HVAC system installation of new HVAC
provided by business owner Randy Jones.
Counter
Interior counter installation
4,000.00T
400.00T
LABOR- 600.00T
plumbing repair code requirements
Electrical- WAC 468-100-306(1) (a) 5,0DD.00T
Box Panel separation sub panel
Electrical WAC 468-100-306(1) (a) 2,0DD.00T
Electrical supply to lower level
Electrical repair code change requirements for refrigerator stove and microwave. WAC 468-100-3a1(7) (c) 1,400.00T
Sink 800.00T
plumbing, supplies and drains for sink connection.
Labor for painting WAC 468 — 100-306 (1) (d) 6DD.00T
Interior paint and repairs WAC 468-100-306(1) (d) 500.00T
paint, for drywall
Flooring repairs WAC 468-100-306(1) (d) 1,5D0.00T
Parking WAC 468-100-306(1) (a) 2,500.00T
Equipment rental for parking code update per city of Bremerton business requirements.
Transportation and
Traffic control far delivery of materials and equipment WAC 468-100-306(1) (a)
900.00T
HEDERA LLC dba MURPHY'S HEATING AND COOLING https:llsites.google.com/site/murphhvac/home
Page 195 of 319
Hot Tub to lower -level unit WAC 468-100-301(7)(c)
installation of provided used hot tub
Plumbing water intake drainage for hot tub WAC 468-100-301(7) (c)
Electrical 220 supply far hot tub
REMOVAL AND DISPOSAL OF- WAC 468-100-306(1) (a)
all material waste for construction code updates
Building and electrical permits for lower unit code updates WAC 468-100-306 (1) (a)
Parking WAC 468-100-306(1) (a)
Bremerton municipal code 20.48
Relocation of retaining wall right of entrance and addition of 2 feet of left side to expand driveway
entrance for emergency vehicle access.
- Install +f- 16 LF of channel drain approximately 2' feet out from garage
and 2 tenths lower than garage slab
Tie into downspout with 4" line at garage comer
Remove +/- 150 Sq Ft ,I O' X 15", of asphalt in driveway
Load spoils and dispose at recycle
Raise water meter box at top of driveway
Grade and shape existing gravel to desired slope
Install top course as needed up to 5 tons
PAVE for Venture Charters parking only. parking left side of garage, entrance to property, and
center of driveway WAC 468 —100— 306 (1) (a)
+1- 3,100 Sq Ft
Install and process 2" of HMA class 1/2' commercial grade up to 40 tons
Hand tamp and finish edges
Shore up gravel shoulders
Hat tar seams as needed
Back to Agenda
600.00T
2,500.00T
7,668.25T
12,000.00T
Contractor Administrative fee WAC 468-100-306(1)(a) 300.00T
Driving and transportation fuel costs for 2 trucks WAC 468-1.00-306(1) (a) 600.00T
BIDS ARE ONLY VALID FOR 30 DAYS DUE TO LABOR AND MATERIAL SHORTAGS. IF
ACCEPTED INVOICE TO BE SUBMITTED UPON COMPLETION OF REPAIRS AND CITY
APPROVAL. ALL LATE PAYMENTS ARE SUBJECT TO 7.5% FEE.
Aocepted By
0.00T
Reestablishment: $47,218.25 x 9 % tax ($4,2 4 9.64) = $51,467.89
Moving: $2,450.00 x 9%tax ($220.50)=$2,670.50
SUBTOTAL 56,268.25
TAX
Accepted Date
5,064.14
HEDERA LLC dba MURPHY'S HEATING AND COOLING https:l/sites.google.com/site/murphhvac/home
Page 196 of 319
Hedera LLC dba Murphy's Heating and Cooling
1313 Corbet Dr Nw
Bremerton, WA 98312 US
3609574605
murphhvac@msn.com
[A]
t
1727 08/04/2022
PCtimnto
Back to Agenda
DATE ACTIVITY
QTY
RATE
AMOUNT
SALES:REMODELING
1
650.00
650.00T
CONSTRUCTION:SINK
KITCHEN SINK
SALES:REMODELING
1
1,250.00
1,250.00T
CONSTRUCTION :EXHAUST
FAN
VENT AND DUCTING FOR
EXHAUST FOR KITCHEN
vent hood and ducting
SALES:REMODELING
1
2,500.00
2,500.00T
CONSTRUCTION : CABINETRY
CABINETS FOR
kitchen sink and storage
MISC
1
0.00
O.00T
shelving for upper kitchen
storage
light
1
1,000.00
1,000.00T
lighting fixtures for remodel
plumbing installs
1
2,800.00
2,800.00T
all plumbing fixtures install for
kitchen drains and supply lines
Electrical
1
6,400.00
6,400.00
Electrical
for new kitchen
SALES:REMODELING
1
4,000.00
4,000.00T
CONSTRUCTION: Windows
Remove and replace windows
with low a double glazed argon
colonel style vinyl window for
egress code
SALES:REMODELING
1
2,000.00
2,000.00T
CONSTRUCTION:FRAIMNG
HEDERA LLC dba MURPHY'S HEATING Ak�g'�Qd8ll%a'Rttps://sites.google.com/site/murphhvac/home
DATE ACTIVITY
Q
AMOUNT
FRAMING
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remove utility wall and rebuild
for new kitchen access
appliances
1
4,000.00
4,000.00T
appliances for new construction
stove
refrigerator
single drawer dishwasher
SALES:REMODELING
440
6.50
2,860.00T
CONSTRUCTION: DRYWALL
DRYWALL SQUARE FEET
SALES:REMODELING
440
6.52
2,868.80T
CONSTRUCTION:PAINTING
PAINTING LINEAR FEET
SALES:REMODELING
200
5.25
1,050.00T
CONSTRUCTION:FLOORING
FLOORING
Vinyl flooring install
200
12.00
2,400.00T
Instalation of vinyl plank flooring
per sq foot.
Rentals
1
1,000.00
1,000.00T
all equipment rentals with fuel
charge
SALES:REMODELING
144
65.00
9,360.00
CONSTRUCTION:LABOR
LABOR HOURS
SALES:REMODELING
90
125.00
11,250.00T
CONSTRUCTION: MATERIAL
MATERIALS FOR
REMODELING
railing for beach access
60 steps
7 landings
90 ft
SALES:REMODELING
1
500.00
500.00T
CONSTRUCTION:DEMOLITION
DEMOLITION, REMOVAL AND
DISPOSAL OF
Building permits
1
1,200.00
1,200.00
Building permits for new
construction project.
SUBTOTAL
57,088.80
TAX
3,691.85
TOTAL
$60,780.65
Accepted By
Accepted Date
HEDERA LLC dba MURPHY'S HEATING AND,_,CeJ&1 a1https://sites.google.com/site/murphhvac/home
Hedera LLC dba Murphy's Heating and Cooling
Back to Agenda
Page 199 of 319
Back to Agenda
$41,550.60
Page 200 of 319
PA(SPHALT
16330 State Hwy 305 NE, Ste 200
Poulsbo, WA. 98370
(360) 930-8703 Agate Asphalt
(360) 930-0017 New Line Services
(360) 824-7161 Fax
Estimate # 10946
Date Back to Agenda
Customer Phone
Estimator TVT
Contractor # AGATEAES5305
I Customer Information I Job Site Address I
We propose the following:
Qty
Rate
Amount
PREP AND PAVE DRIVEWAY
17,926.00
17,926AOT
+/- 4,303 SQ FT
- Grade area for drainage
- Place crushed rock as needed up to ( 45 ) tons
- Finish grade crushed rock for drainage.
- Roll/Compact.
- Apply soil sterilant
- Place 2" HMA (Hot Mix Asphalt) compacted depth up to 58) Tons
- Roll/compact HMA
- Hand tamp and shore edges
- Apply hot tar to seams
- Clean job site at final completion
*TRAFFIC CONTROL INCLUDED
Asphalt pricing based on current WSDOT Oil Index effective 1/3/23 at $545.00 per liquid ton.
At time of paving project, an additional $1.50 per ton will be added to base bid for every
$25.00 increase in liquid ton price to cover additional asphalt cost.
Thank you for the opportunity to earn your business!
** * POTENTIAL OIL PRICE INCREASE BASED OFF WORLD OIL PRICING VOLATILITY
HAS LIMITED OUR ABILITY TO MAINTAIN A GUARANTEED PRICE FOR MORE
THAN 20 DAYS'
"Payment is due upon completion of the job. Final invoice is based on actual measurements
"Per RCw 60.04 nonpayment for the work done may result in alien against the property for
work and material supplied
"Agate Asphalt cannot guarantee drainage under 2%
"Agate Asphalt will warranty our asphalt work for 2 years unless the prep work involved was
done by others. No warranty on grade and gravel.
SEE ATTACHED ADDITIONAL TERMS FOR MORE INFORMATION
Subtotal $17,926.00
Sales Tax (9.2%) $1,649.19
Total I $19,S75.19
Signature
Date
Page 201 of 319
www.AgateAsphalt.com / www. newlinestriping.com
Hot Tub to lower -level unit Back to Agenda
installation of provided used hot tub
Plumbing water intake drainage for hot tub 800.00T
Electrical 220 supply for hot tub
REMOVAL AND DISPOSAL OF- 600.00T
all material waste for construction code updates
Building and electrical permits for lower unit code updates 2,500.00T
Parking
7,668.25T
Bremerton municipal code 20.48
Relocation of retaining wall right of entrance and addition of 2 feet of left side to expand driveway
entrance for emergency vehicle access.
- Install +/- 16 LF of channel drain approximately 2' feet out from garage
and 2 tenths lower than garage slab
Tie into downspout with 4" line at garage corner
Remove +/- 150 Sq Ft ,10' X 15", of asphalt in driveway
Load spoils and dispose at recycle
Raise water meter box at top of driveway
Grade and shape existing gravel to desired slope
Install top course as needed up to 5 tons
PAVE for Venture Charters parking only. parking left side of garage, entrance to property, and
12,000.00T
center of driveway
+/- 3,100 Sq Ft
Install and process 2" of HMA class 1/2" commercial grade up to 40 tons
Hand tamp and finish edges
Shore up gravel shoulders
Hat tar seams as needed
Contractor Administrative fee
300.00T
Driving and transportation fuel costs for 2 trucks
600.00T
BIDS ARE ONLY VALID FOR 15 DAYS DUE TO LABOR AND MATERIAL SHORTAGS. IF
O.00T
ACCEPTED INVOICE TO BE SUBMITTED UPON COMPLETION OF REPAIRS AND CITY
APPROVAL. ALL LATE PAYMENTS ARE SUBJECT TO 7.5% FEE.
Accepted By
SUBTOTAL 56,268.25
TAX 5,064.14
Accepted Date
HEDERA LLC dba MURPHY'S HEATING AND COOLING https://sites.google.com/site/murphhvac/home
Page 202 of 319
Hedera LLC dba Murphy's Heating and Cooling
1313 Corbet Dr Nw Back to Agenda
Bremerton, WA 98312
3609574605
murphhvac@msn.com
ADDRESS ZMEME-
Door to kitchen 800.00T
Door and Frame Removal lower -level hardware to be provided by business owner Randy Jones
Lower -level interior door opening code requirements 250.00T
Elimination lower stairway 2,800.00T
Close up stairway for fire egress code
Lower -level interior sheet rock adaption to 5/8 fire blocking for business code updates. 7,500.00T
Eliminate the existing HVAC system. Create separate HVAC system installation of new HVAC 4,000.00T
Provided by business owner Randy Jones.
Counter 400.00T
Interior counter installation
LABOR-
600.00T
plumbing repair code requirements
Electrical-
5,000.00T
Box Panel separation sub panel
Electrical
2,000.00T
Electrical supply to lower level
Electrical repair code change requirements for refrigerator stove and microwave.
1,400.00T
Sink
800.00T
plumbing, supplies and drains for sink connection.
Labor for painting
600.00T
Interior paint and repairs
500.00T
paint, for drywall
Flooring repairs
1,500.00T
Parking
2,500.00T
Equipment rental for parking code update per city of Bremerton business requirements.
Transportation and
900.00T
Traffic control for delivery of materials and equipment
HEDERA LLC dba MURPHY'S HEATING AND COOLING https://sites.google.com/site/murphhvac/home
Page 203 of 319
Published April 2021
Back to Agenda,. �wo
A► ; #a
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Acm sory
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11 wr
Dwelling
Units
GUIDE TO
ESTABLISHING
AN ADU
IN BREMERTON
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Page 204 of 319
Page
ADU (detached, most private)
Image courtesy AARP
ADU (detached but close to
main house reduces sewer/
water connection costs.
ADU (attached,
above garage
ADU (garage
conversion)
WHATARE
ADUs?
Page 2
Back to Agenda
(attic conversion)
ADU (partial
conversion)
garage
ADU (basement conversion with
extended rear)
ADU (basement depressed
for additional height)
An Accessory Dwelling Unit (ADU), also known by other terms such as a laneway house,
granny flat, or mother in law unit, is a separate housing unit on the same lot as a typical
single family house. It can be either attached or detached from the main house. It could be
rented out to a tenant, or it could be provided for free to the homeowner's friends or family.
ADUs are self contained dwellings. That means an ADU should provide space for cooking,
sleeping, and using the bathroom.
Most people can imagine the benefit of having an ADU on their property, whether for
housing their loved ones who can no longer live independently, or gaining additional
income from rent. But you may not know that in December of 2020, the City of Bremerton
made it easier than ever to establish an ADU! This guide will help you to determine whether
an ADU is feasible fongyourc)fpruperty, and inform you of the City's requirements for ADUs.
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HOW MANY ADDS 1.w.h.JL.NiN'a
PROPERTYHAVE9.
Each property can have a one (1) single family
home and two (2) ADUs, for a maximum total of
three (3) dwelling units. These ADUs can be
either detached or attached to the single family
home.
It is important to note that Building and Fire
codes require residential buildings with 3 units or
more to install fire sprinklers. In most cases,
therefore, two ADUs that are attached to a single
family home may not be desirable. Alternative
options could be two ADUs attached to each
other in a garage or other detached building, two
separate detached ADUs, or the example
pictured- one attached and one detached ADU.
The development standards for 2nd ADUs are the
same, with one exception- an additional parking
space must be provided for a 2nd ADU. Look for
more information about parking on page 7.
Page 4 Page 207 of 319
DEVELOPMEN':a�":r.NDARDS: SIZE
ADUs can be up to 1000 square feet, or 60% of the size of the main house. What does that mean? Here's how
to calculate the maximum size of an ADU on your property:
First, find the square footage of your house. Don't know? Kitsap County probably does. Navigate to this link
and enter your address or parcel number in the search bar. Then click on 'Building and Improvements'. The
page that pops up will display some basic details of the buildings that are on your property, including your
house's square footage.
If you're thinking of converting existing space in your house to an ADU, and it's size doesn't quite fit these
standards, you may still be able to establish an ADU. Speak with a Planner to determine your options.
Page 5 Page 208 of 319
1. W
DEVELOPMENT
STANDARDS:
DESIGN
The City requires that the design of ADUs
preserve the appearance of the main house as
a single -family -dwelling, and that the ADU
should blend into the existing house or the
neighborhood. That means no duplex or
triplex -like designs, and nothing that sticks out
like a sore thumb. Try to design an ADU so that
the materials used complement the design of
the main house. They don't have to match
completely, so if you have any questions
contact a Planner.
The pictures to the right show examples of
how an ADU shouldn't look. Both of these
structures contain two dwellings- however,
they do not maintain the appearance of the
house as a single family dwelling. When
designing an ADU, the appearance of a duplex
or triplex should be avoided.
Page 6
Back to Agenda
NOT an acceptable design.
DEVELOPMENT STANDARDS:
PARKING
THE FIRST ADU IS NOT REQUIRED TO
PROVIDE PARKING. That means you can
establish a single ADU on a lot even without
finding another parking space for the ADU. That
doesn't mean you can entirely forget about
parking, though.
a
All zones require parking for a single family
residence (in the R-10 zone, it is 2 parking
spaces for a house). While the first ADU
does not require a parking space in any
zone, the required parking for the house
must still be provided. If a house has no
parking now, they must create the required
parking before establishing an ADU. All
parking areas and driveways in the City
must be paved with a bound material, like
concrete.
The ADU cannot remove any required
parking. For instance, if you convert a
garage to an ADU, and the garage
contained the only parking spaces for your
main dwelling, you must replace those
parking spaces elsewhere on the property.
D> A 2nd ADU must provide an additional
parking space, for a total of 3 required
spaces.
Back to Agenda
Page 7
Page 210 of 319
DEVELOPMENT STANDARDS: SETBACKS
genda
A ND LLOT cvVERAGE
All structures on a property are subject to zone -specific development standards. These standards can be
different in each zone, so it is important to determine what zone your parcel is in. If you don't know, please
reach out to a Planner. You can also view the zoning maps here. The development standards that will affect
ADUs most are explained below:
0> SETBACKS: A setback is the minimum distance that a structure
can be constructed from the property line. Setbacks are
different for each property line. If you are constructing a new
ADU, it must not enter the setbacks. If you are converting an
existing structure into an ADU, like a garage or storage shed,
and that building already exists within the setbacks, you may
not have to move the structure. Note that your property line is
what determines setbacks, not a fence or the street. Some
property lines are not where you'd expect! To get an estimate of
the location of your property line, head to Kitsap County's
Parcel Viewer and enter your address.
1> LOT COVERAGE: Lot coverage is the percentage of a lot that is
covered with an impervious surface. That includes any part of
your lot that has pavement, a roof, or a structure on it. Add up
all of that square footage and divide it by the total square
footage of the lot, and you have your lot coverage. Different
zones have different maximum lot coverage requirements, so be
sure to determine your zone.
For Example:
In the R-10 zone, where most single
family homes are located, the
minimum front and rear yard setbacks
are 15 feet, and the side yard setbacks
are 5 feet. Some setbacks might be
larger or smaller due to special
circumstances, so ask a planner for
help if you're unsure.
For Example:
Maximum
Impervious
Surface
Allowance in the
R-10 Zone is
60%.
Page 211 of 319
Page 8
OTHER QVAIuDARDS
■ All ADUs must be on City water and sewer, or an approved septic system.
■ All ADUs must comply with the Building and Fire Code. You should hire a qualified design
professional in order to ensure your new ADU complies with the structural and life safety
requirements of all new residential buildings. If you have questions about the Building or Fire
Codes, see the last page for contact information.
■ The maximum height of all ADUs is 35 feet. If you have an existing structure that is taller than
35 feet, and you wish to convert it to an ADU, you may not have to shorten it- you should
contact a Planner.
■ All property owners must abide by City code concerning health and sanitation and the
International Property Maintenance Code. That means that nuisance vegetation must be
removed, proper garbage and refuse containment is required, and the property must be
maintained so the buildings do not qualify as an unfit dwelling, building, or structure.
■ If you are planning to rent the unit, you must comply with the Statewide Residential Landlord/
Tenant Act. You can view the text of the act at: Revised Code of Washington (RCW) Chapter
59.18.
■ The City has created a tool for Landlords and Tenants to determine their rights and
responsibilities. You can view that tool here: https:llwww.bremertonwa.gov/1197/Renting-in-
Bremerton
Page 9
Page 212 of 319
ANINk
GETTI Back to AgendaI
K
M W M ERM IT
You'll need a building permit to establish an ADU on your property. The City processes all
residential permits via our online portal. At that link, you will find directions for creating an
account for the online portal.
For all permit submittals, you will need a site plan and a building permit application. Please see
the building permit submittal checklist for all documents that may be required.
If you have any questions about the process of submitting a permit, please ask via email at
dcd perm itsCa)ci. bremerton.wa.us.
14
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Back to Agenda
QUESTIONS?
A NEW PROJECT CAN BE COMPLICATED. WE'RE HERE TO HELP.
We know a lot goes into the decision to establish an ADU. If you have any questions about
the information provided in this guide, or anything else development related in
Bremerton, you can use the following contacts. We'll help the best we can.
■ CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT:
■ (360) 473-5275, or email at DCDPERMITS(a-)CI.BREMERTON.WA.US
■ VIEW THE BREMERTON MUNICIPAL CODE (BMC):
■BMC20.46.010
Page 11
Page 214 of 319
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7G
New National Opioids Settlements (Teva,
Meeting Date:
Prepared by:
Allergen, CVS, Walgreens, and Walmart)
Regarding In Re: National Prescription Atty Routing No:
Opiate Litigation, Case No. 1:17-MD-2804, Atty Review Date
United States District Court
Back to Agenda
March 28, 2023
Charlotte Archer
City Attorney
366922-0005 — Clerk
N/A
Summary: In 2016 and 2017, a consortium of public agencies across the United States filed legal actions
against the manufacturers and distributors of prescription opioids. These plaintiffs alleged that the
manufacturers of prescription opioids grossly misrepresented the risks of long-term use of those drugs for
persons with chronic pain, and distributors failed to properly monitor suspicious orders of those
prescription drugs --all of which contributed to the current opioid epidemic. All litigation was consolidated
by order of the Court into a class action; all cities in Washington with a population of over 10,000 were
participating members of the class action.
During the life of the litigation, the action has splintered. For example, Purdue Pharmaceuticals (one of the
defendants) entered bankruptcy, and the claims against that defendant are proceeding through the
bankruptcy court. A Plaintiffs' Executive Committee, acting on behalf of the Plaintiffs' class, reached
resolution as to claims asserted against manufacturer Johnson & Johnson, and distributors
AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and
directors.
In July 2021, J&J and Distributors McKesson, Cardinal Health, and AmerisourceBergen entered into
National Opioids Settlements with the class of claimants, including state and local governments. In
November 2022, Washington State negotiated settlement with three distributors, Amerisource, Bergen,
Cardinal Health, and the City executed an agreement to participate in that settlement.
Between November and December of 2022, five additional Defendant families have entered into National
Opioids Settlements ("2022 National Settlement(s)"). More information regarding this proposed
settlement and its terms are available here: https://nationalopioidsettlement.com/wp-
content/uploads/2023/02/2022-National-Opioids-Settlements-FAQs-02-02-2023.pdf
To participate in this settlement, the City must opt in by executing a participation form by April 18, 2023.
This will not impact the City's ability to participate in the litigation and future settlements as it relates to
other manufacturers or distributors.
Relationship to Comprehensive Plan: N/A
Page 215 of 319
Back to Agenda
Recommendation: Receive briefing on litigation posture and take action to authorize execution of
documents authorizing settlement.
Motion for Consideration: Motion to authorize the Mayor to Execute the Participation Forms and
Allocation Agreement for settlement of claims with Teva, Allergan, CVS. Walgreens and Walmart in the
National Prescription Opioid Litigation, and to ratify all actions taken prior to this motion consistent with
this authorization.
Fiscal Impact: Unknown (at this time)
Alternative: N/A
Attachment: Participation Agreement and Allocation Form
Page 216 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, arlu vvairr1arL
Opioids Implementation Administrator
opioidsparticipation rubris. com
Port Orchard city, WA
Reference Number: CL-393430
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE IN FIVE NEW OPIOID
SETTLEMENTS
Deadline: April 18, 2023
Five new proposed national opioid settlements ("Settlements") have been reached
with Teva, Allergan, CVS, Walgreens, and Walmart ("Settling Defendants"). These
new Settlements are in addition to the prior settlement with the opioid distributors,
and you will need to sign new settlement documents to join.
The Washington Attorney General's Office strongly encourages you to join these
new Settlements. As with the opioid distributor settlement, half of the Washington
share of the settlement proceeds will be directed to Washington local governments
for you to make decisions on how to remediate the opioid crisis in your
communities.
The Settlements are contingent on a very high percentage of Washington cities and
counties joining the Settlements. If you do not join, the Settlements may not be
finalized. Even if enough cities and counties join so that the Settlements are
finalized, your refusal to join would still substantially lessen the amount Washington
receives. The deadline for joining the Settlements by signing the required
documents is Tuesday, April 18, 2023.
How to join the settlements
In the electronic envelope attached to this email, you will find the documents that
your local government needs to execute. Please sign these documents and return
them to the Implementation Manager:
• Participation Forms for the (1) Teva, (2) Allergan, (3) CVS, (4) Walgreens, and
(5) Walmart settlements, which include a release of any claims. To join the
Settlements, you need to sign and submit each of these Participation Forms.
• Allocation Agreement ll. This is an agreement between the State and
Washington local governments to split the settlement proceeds for these five
Settlements, with 50% going to the State and 50% going to the local
governments. The local government share then will be split based on the One
Washington Memorandum of Understanding, which is attached to the
Allocation Agreement II.
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You can return the executed Participation Forms and Allocation Agreement // w Une
Implementation Administrator in one of the following ways:
(1) Electronic Signature via DocuSign: Executing the Participation Forms and
Allocation Agreement // electronically through DocuSign will return the signed
forms to the Implementation Administrator and associate your forms with
your subdivision's records. Electronic signature is the most efficient method
for returning the documents and is strongly encouraged.
(2) Manua/ Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields.
(3) Manua/ Signature returned via electronic mail: If your subdivision is unable to
use DocuSign, the signed Participation Forms and Allocation Agreement //
may be returned via electronic mail to opioidsparticipation rubris.com.
Please include the name, state, and reference ID of your subdivision in the
body of the email and use the subject line Settlement Participation Forms -
[Subdivision Name, Subdivision State] - [Reference ID].
Detailed instructions on how to sign and return the Participation Forms, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com. You may also contact
opioidsparticipation(@rubris.com.
The Participation Form for each settlement must be executed, without alteration,
and submitted on or before April 18, 2023, in order for your subdivision to be
considered for initial participation calculations and payment eligibility.
How to learn more about these settlements
This AGO press release has information on the five new Settlements and estimates
of Washington's settlement share if the settlements are finalized, all eligible
Washington local governments join, and all conditions are met:
https://www.atg.wa.gov/news/news-releases/ag-ferguson-files-lawsuits-against-
three-national-pharmacy-chains-their-role.
Additionally, the AGO is coordinating with WSAC and AWC to host informational
meetings about the settlements in February 2023, and more information on those
meetings will follow.
You also may wish to consult with your own legal counsel.
If you have questions about this communication or the settlements, please contact
Jeff Rupert, the Division Chief for the AGO's Complex Litigation Division, at 206-389-
2116 or Ieffrey.Rupert atg.wa.gov. The AGO will be monitoring the sign -on
progress and encouraging all eligible local governments in Washington to join.
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Information and documents regarding the New National Opioid Settlemum5 c.a11 L)e
found on the national settlement website at https://nationalopioidsettlement.com/.
What are the next steps after the April 18, 2023 deadline?
Based upon subdivision participation forms received on or before April 181", the
subdivision participation rate will be used to determine whether participation for
each deal is sufficient for the settlement to move forward and whether a state earns
its maximum potential payment under the settlement. If the settlement moves
forward, your release will become effective. If a settlement does not move forward,
that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision's state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to intrastate agreements or state statutes.
If the Settlements are finalized, the payment terms and payment schedule for the
settlement proceeds is specified in each Settlement.
The sign -on period for subdivisions ends on April 18, 2023.
Thank you,
National Opioids Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the respective settlement agreements referenced above and to manage
the collection of settlement participation forms for each settlement.
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WASHINGTON STATE ALLOCATION AGREEMENT GOVERNIN t ji uh
ALLOCATION OF FUNDS PAID BY CERTAIN SETTLING OPIOID
MANUFACTURERS AND PHARMACIES
JANUARY 27, 2023
This Washington State Allocation Agreement Governing the Allocation of Funds Paid
by Certain Settling Opioid Manufacturers and Pharmacies (the "Allocation Agreement II")
governs the distribution of funds obtained from (1) Walmart, (2) Teva, (3) Allergan, (4) CVS,
and (5) Walgreens (the "Settling Entities") in connection with the resolution of any and all
claims by the State of Washington and the counties, cities, and towns in Washington State
("Local Governments") against the Settling Entities via the following settlements:
• Walmart Settlement Agreement dated November 12, 2022 and any
subsequent amendments ("Walmart Settlement").
• Teva Public Global Settlement Agreement dated November 22, 2022 and
any subsequent amendments ("Teva Settlement").
• Allergan Public Global Settlement Agreement dated November 22, 2022 and
any subsequent amendments ("Allergan Settlement").
• CVS Settlement Agreement dated December 9, 2022 and any
subsequent amendments ("CVS Settlement").
• Walgreens Settlement Agreement dated December 9, 2022 and any
subsequent amendments ("Walgreens Settlement").
Collectively, the Walmart Settlement, the Teva Settlement, the Allergan Settlement, the CVS
Settlement, and the Walgreens Settlement shall be referred to as "the Settlements". Each of the
Settlements can be accessed at hUs://nationalol2ioidsettlement.com/. The terms and definitions
of each of the respective Settlement are incorporated into this Allocation Agreement II, and any
undefined terms in this Allocation Agreement II are as defined in the Settlements.
This Allocation Agreement II is intended to be a State -Subdivision Agreement as
defined in the Settlements. This Allocation Agreement II shall be interpreted to
be consistent with the requirements of a State -Subdivision Agreement in the
Settlements.
2. This Allocation Agreement II shall become effective only if all of the
following occur:
A. The State of Washington joins one of the Settlements and becomes
a Settling State as provided for in the respective Settlement.
B. One of the Settlements becomes final and effective and a
Consent Judgment is filed and approved as provided for in the
respective Settlement.
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C. The number of Local Governments that execute and return tills Allocation
Agreement II satisfies the participation requirements for a State -
Subdivision Agreement as specified in one of the Settlements,
Washington is a Settling State for that Settlement, and a Consent
Judgment has been filed and approved for that Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation
Agreement II with respect to any one of the Settlements, a Local Government
must do all of the following:
A. The Local Government must execute and return this
Allocation Agreement II.
B. The Local Government must release its claims against the Settling Entities
identified in the respective Settlement and agree to be bound by the terms
of the Settlement by timely executing and returning the Participation
Form for that Settlement. The forms are attached hereto as Exhibits 1-5.
C. Litigating Subdivisions, also referred to as Litigating Local
Governments, must dismiss the Settling Entities identified in the
respective Settlement with prejudice from their lawsuits.
D. Each of the Local Governments that is eligible to participate in this
Allocation Agreement II has previously executed and signed the One
Washington Memorandum of Understanding Between Washington
Municipalities ("MOU") agreed to by the Participating Local
Governments in Washington State, which is attached hereto as Exhibit
6. By executing this Allocation Agreement II, the local government
agrees and affirms that the MOU applies to and shall govern the Local
Government Share as modified by this Allocation Agreement II for each
of the Settlements in which the Local Government participates.
A Local Government that meets all of the conditions in this paragraph for any of
the Settlements shall be deemed a "Participating Local Government" for that
Settlement. A Local Government can be a "Participating Local Government" for
less than all of the Settlements. If a Local Government is a Participating Local
Government for less than all of the Settlements, the Local Government can only
receive a portion of the Washington Abatement Amount for the specific
Settlement(s) for which it is a Participating Local Government.
4. This Allocation Agreement II applies to the following, all of which
collectively shall be referred to as the "Washington Abatement Amount":
A. For the Walmart Settlement, the State of Washington's allocation of the
(1) Global Settlement Remediation Amount and (2) Additional
Remediation Amount.
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B. For the Teva Settlement, the State of Washington's allocation of the
(1) Net Abatement Amount and (2) Additional Restitution Amount.
C. For the Allergan Settlement, the State of Washington's allocation of the
(1) Global Settlement Abatement Amount and (2) Additional Restitution
Amount.
D. For the CVS Settlement, the State of Washington's allocation of the
(1) Maximum Remediation Payment and (2) Additional Remediation
Amount.
E. For the Walgreens Settlement, the State of Washington's allocation of the
(1) Adjusted State Remediation Payment and (2) Additional Remediation
Amount.
As specified in each of the Settlements, the Washington Abatement Amount will
vary dependent on the percentage of Participating Local Governments and
whether there are any Later Litigating Subdivisions.
5. The Teva Settlement provides the option for Settling States to obtain Settlement
Product or the discretion to convert any portion of the Settlement Product
allocated to the Settling State into a cash value equaling twenty percent (20%) of
the WAC value of the Settling State's allocated Settlement Product in specified
years. It shall be solely the decision of the State regarding whether to convert any
portion of the Settlement Product allocated to Washington into a cash value or to
obtain the Settlement Product. If the State elects to obtain Settlement Product, the
State in its sole discretion shall make all decisions related to the Settlement
Product, including but not limited to where, how, and to whom it shall be
distributed. For purposes of calculating the division of the Washington
Abatement Amount in Paragraph 10 of this Allocation Agreement II, the
Settlement Product allocated to Washington shall be considered "State Share"
and shall have the cash value assigned to it in the Teva Public Global Settlement
Agreement dated November 22, 2022.
6. This Allocation Agreement II does not apply to the State Cost Fund, State AG
Fees and Costs, or any attorneys' fees, fees, costs, or expenses referred to in the
Settlement or that are paid directly or indirectly via the Settlements to the State
of Washington ("State's Fees and Costs").
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7. This Allocation Agreement II and the MOU are a State Back -Stop Agreement.
The Settling Entities are paying a portion of the Local Governments' attorneys'
fees and costs as provided for in the Settlements. The total contingent fees an
attorney receives from the Contingency Fee Fund in the Settlements, the MOU,
and this Allocation Agreement II combined cannot exceed 15% of the portion of
the LG Share paid to the Litigating Local Government that retained that firm to
litigate against the Settling Entities (i.e., if City X filed suit with outside counsel
on a contingency fee contract and City X receives $1,000,000 from the Walmart
Settlement, then the maximum that the firm can receive is $150,000 for fees as to
the Walmart Settlement; if City X did not retain the same firm for potential
litigation against CVS and City X receives $1,000,000 from the CVS Settlement,
then the firm receives no fees from the CVS Settlement.)
8. No portion of the State's Fees and Costs and/or the State Share as defined in
Paragraphs 6 and 10 of this Allocation Agreement II shall be used to fund the
Government Fee Fund ("GFF") referred to in Paragraph 12 of this Allocation
Agreement II and Section D of the MOU, or in any other way to fund any
Participating Local Government's attorneys' fees, costs, or common benefit
tax.
9. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for future Opioid Remediation as defined in
the Settlements, except as allowed by the Settlements.
10. The State and the Participating Local Governments agree to divide
the Washington Abatement Amount as follows:
A. Fifty percent (50%) to the State of Washington ("State Share")
B. Fifty percent (50%) to the Participating Local Governments ("LG Share").
11. The LG Share shall be distributed to Participating Local Governments pursuant to
the MOU attached hereto as Exhibit 6 as amended and modified in this
Allocation Agreement II.
12. For purposes of this Allocation Agreement II only, the MOU is modified
as follows and any contrary provisions in the MOU are struck:
A. Exhibit A of the MOU is replaced by Exhibit E of each of the
respective Settlements.
B. The definition of "Litigating Local Governments" in Section A.4 of the
MOU shall mean Litigating Subdivisions as defined in each the
respective Settlements.
C. The definition of "National Settlement Agreement" in Section A.6 of
the MOU shall mean the Settlements.
D. The definition of "Settlement" in Section A.14 of the MOU shall mean
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E. The MOU is amended to add new Section C.4.g.vii, which provides
as follows:
"If a Participating Local Government receiving a direct payment
(a) uses Opioid Funds other than as provided for in the respective
Settlements, (b) does not comply with conditions for receiving
direct payments under the MOU, or (c) does not promptly submit
necessary reporting and compliance information to its Regional
Opioid Abatement Counsel ("Regional OAC") as defined at
Section CA.h of the MOU, then the Regional OAC may suspend
direct payments to the Participating Local Government after
notice, an opportunity to cure, and sufficient due process. If direct
payments to Participating Local Government are suspended, the
payments shall be treated as if the Participating Local Government
is foregoing their allocation of Opioid Funds pursuant to Section
C.4.d and C.4.j.iii of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the date of suspension."
F. The amounts payable to each law firm representing a Litigating Local
Government from the GFF shall be consistent with the process set forth
in the Order Appointing the Fee Panel to Allocate and Disburse
Attorney's Fees Provided for in State Back -Stop Agreements, Case No.
1:17-md- 02804-DAP Doc #: 4543 (June 17, 2022). JoJo Tann (the "GFF
Administrator"), who is authorized by the MDL Fee Panel (David R.
Cohen, Randi S. Ellis and Hon. David R. Herndon (ret.)) to calculate the
amounts due to eligible counsel from each State Back -Stop fund (i.e., the
GFF) (see id. at p. 4), will oversee and confirm the amounts payable to
each law firm representing a Litigating Local Government from the GFF.
Upon written agreement between the law firms representing the Litigating
Local Governments on the one hand and the Washington Attorney
General's Office on the other, in consultation with the Washington State
Association of Counties and the Association of Washington Cities, the
GFF Administrator may be replaced by another person, firm, or entity.
G. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common
benefit tax is not already payable by the Settling Entities as
contemplated by Section D.8 of the MOU, the GFF shall be used to pay
Litigating Local Government contingency fee agreements and any
common benefit tax referred to in Section D of the MOU, which shall
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be paid on a pro rata basis to eligible law firms as determi.—
GFF Administrator.
H. To fund the GFF, fifteen percent (15%) of the LG Share shall be
deposited in the GFF from each LG Share settlement payment until the
Litigating Subdivisions' contingency fee agreements and common benefit
tax (if any) referred to in Section D of the MOU are satisfied. Under no
circumstances will any Primary Subdivision or Litigating Local
Government be required to contribute to the GFF more than 15% of the
portion of the LG Share allocated to such Primary Subdivision or
Litigating Local Government. In addition, under no circumstances will
any portion of the LG Share allocated to a Litigating Local Government
be used to pay the contingency fees or litigation expenses of counsel for
some other Litigating Local Government.
I. The maximum amount of any Litigating Local Government contingency
fee agreement (from the Contingency Fee Fund of the respective
Settlements) payable to a law firm permitted for compensation shall be
fifteen percent (15%) of the portion of the LG Share paid to the
Litigating Local Government that retained that firm (i.e., if City X filed
suit with outside counsel on a contingency fee contract and City X
receives $1,000,000 from the Walmart Settlement, then the maximum that the
firm can receive is $150,000 for fees.) The firms also shall be paid documented
expenses due under their contingency fee agreements that have been paid by the
law firm attributable to that Litigating Local Government.
Consistent with Agreement on Attorneys' Fees, Costs, and Expenses,
which is Exhibit R of the Settlements, amounts due to Participating
Litigating Subdivisions' attorneys under this Allocation Agreement 11
shall not impact (i) costs paid by the subdivisions to their attorneys
pursuant to a State Back -Stop agreement, (ii) fees paid to subdivision
attorneys from the Common Benefit Fund for common benefit work
performed by the attorneys pursuant to Exhibit R of the Settlements, or
(iii) costs paid to subdivision attorneys from the MDL Expense Fund for
expenses incurred by the attorneys pursuant to the Settlements.
J. Under no circumstances may counsel receive more for its work on behalf
of a Litigating Local Government than it would under its contingency
agreement with that Litigating Local Government. To the extent a law
firm was retained by a Litigating Local Government on a contingency
fee agreement that provides for compensation at a rate that is less than
fifteen percent (15%) of that Litigating Local Government's recovery,
the maximum amount payable to that law firm referred to in Section D.3
of the MOU shall be the percentage set forth in that contingency fee
agreement.
K. For the avoidance of doubt, both payments from the GFF and the
payment to the Participating Litigating Local Governments' attorneys
from the Contingency Fee Fund in the respective Settlements shall be
included when calculating whether the aforementioned fifteen percent
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(15%) maximum percentage (or less if the provisions of P_-,,.ur.. I- -
this Allocation Agreement II apply) of any Litigating Local Government
contingency fee agreement referred to above has been met.
L. To the extent there are any excess funds in the GFF, the GFF
Administrator and the Settlement Administrator shall facilitate the
return of those funds to the Participating Local Governments as
provided for in Section D.6 of the MOU.
13. In connection with the execution and administration of this Allocation
Agreement II, the State and the Participating Local Governments agree to abide
by the Public Records Act, RCW 42.56 et seq.
14. All Participating Local Governments, Regional OACs, and the State shall
maintain all non -transitory records related to this Allocation Agreement II as
well as the receipt and expenditure of the funds from the Settlements for no less
than five (5) years.
15. If any party to this Allocation Agreement II believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Settlements has
violated any applicable ethics codes or rules, a complaint shall be lodged with
the appropriate forum for handling such matters, with a copy of the complaint
promptly sent to the Washington Attorney General, Complex Litigation
Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington
98104.
16. To the extent (i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the
Settling Entities are subject to the requirements of the MOU and this Allocation
Agreement II.
17. Upon request by any of the Settling Entities, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the
respective Settlement.
18. Venue for any legal action related to this Allocation Agreement II (separate
and apart from the MOU or the Settlements) shall be in King County,
Washington.
19. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement II have been performed and that
such person signing for such party has been authorized to execute this
Allocation Agreement II.
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FOR THE STATE OF WASHINGTON:
ROBERT W.FERGUSON
Attorney General
JEFFREY 6. RUP9RT
Division Chief-----"
Date:
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FOR THE PARTICIPATING LOCAL GOVERNMENT:
Port Orchard city, WA
Reference Number: CL-393430 DocuSigned by:
Signature: n4' C,V'6&v
Name: Noah Crocker
Title:
Date:
Finance Director
2/21/2023
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EXHIBIT 1
Subdivision Settlement Participation Form
(Exhibit K of the Walmart Settlement)
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EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[ ] Yes [ ] No
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 ("Walmart Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Election, the Governmental Entity elects to participate in the Walmart
Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity
a Stipulation of Dismissal With Prejudice substantially in the form found at
hops://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining
to Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if
applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the
Walmart Settlement solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's
role as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as
provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the
broadest possible bar against any liability relating in any way to Released Claims and extend
to the full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and
all provisions, rights, and benefits conferred by any law of any state or territory of
the United States or other jurisdiction, or principle of common law, which is
similar, comparable, or equivalent to § 1542 of the California Civil Code, which
reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart
Settlement controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 2
Subdivision Settlement Participation
Form (Exhibit K of the Teva Settlement)
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Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity:
State:
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
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The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to §
1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 3
Subdivision Settlement Participation
Form (Exhibit K of the Allergan
Settlement)
12
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EXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes [ ] No
Governmental Entity:
State:
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section IILB of the Allergan Settlement regarding Cessation of Litigation
Activities.
The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
hns://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
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7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11. In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing parry does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released parry.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
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I have all necessary power and authorization to execute this Settlement Participation r orin on ocnan
of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 4
Subdivision Settlement Participation
Form (Exhibit K of the CVS Settlement)
13
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EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[ ] Yes [ ] No
Governmental Entity:
State:
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("CVS Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
hgps://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it rcccivcs through the CVS Sctticmcnt
solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing parry does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence
or through no fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the CVS Settlement.
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11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 5
Subdivision Settlement Participation
Form (Exhibit K of the Walgreens
Settlement)
14
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EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens
Settlement at this time?
[ ] Yes [ ] No
Governmental Entity: State:
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
htips://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walgreens Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Walgreens settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 6
One Washington Memorandum of Understanding Between Washington
Municipalities
15
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ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BE i w LLi-,
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed
by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and
counties in Washington desire to agree on a form of allocation for Opioid Funds they receive
from entities within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Government(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5. "Local Government(s)" shall mean all counties, cities, ana towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements" means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as
their subsidiaries, affiliates, officers, and directors named in the National
Settlement Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and "Participating Cities and
Towns" (or "Participating Cities or Towns," as appropriate) or "Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or "QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR § 1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title 1 lof the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
4
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15. "Trustee" shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16. The "Washington State Accountable Communities of Health" or
"ACH" shall mean the nine (9) regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes
1. All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2. All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3. The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total" line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision -
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre -defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of vpioia
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section CA.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic -related expenditures in the past. Tills is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
C. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in CA.a above.
d. Each Participating County, City, or Town may elect to have its
share re -allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directea
in C.4.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for
use of Opioid Funds.
ii. Ensuring there is opportunity for community -based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
V. Receiving funds from the Trustee for approved
proposals and distributing the Opioid Funds to the
recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j. The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating
Local Governments or community groups to the OAC for
use of Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for
use by Participating Local Governments or community
groups whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all
OAC decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating
Local Governments.
V. Developing and maintaining a centralized public
dashboard or other repository for the publication of
expenditure data from any Participating Local Government
that receives Opioid Funds, and for expenditures by the
OAC in that Allocation Region, which it shall update at
least annually.
vi. If necessary, requiring and collecting additional outcome -
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re -allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund ("GFF") shall be established that ensures tnat ati rarties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non -litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a parry to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8. The Parties anticipate that any Opioid Funds they receive wiii Ile
subject to a common benefit "tax" imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non -litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act. The rarties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5. Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government's
execution of this MOU have been performed and that the person signing for
such Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank — Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of , 2022 by:
Name & Title
On behalf of
4894-0031-1574, v. 2
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EXHIBIT A
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OPIOID ABATEMENT STRATEGIES Back to Agenda
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
I. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including but not limited to:
a. Medication -Assisted Treatment (MAT);
b. Abstinence -based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non -for -profit providers; or for -profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co -usage, and/or co -addiction; or
e. Evidence -informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based,
evidence -informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
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or overdose fatality), and training of health care personnel to identify ai Back to Agenda
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community -based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web -based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web -
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service for
Medication -Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community -based
services.
2. Provide counseling, peer -support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
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3. Provide access to housing for people with OUD and any co-occur Back to Agenda
conditions, co -usage, and/or co -addiction, including supportive hot..... .. . ,
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction.
5. Support or expand peer -recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high -quality programs to help those in recovery.
8. Engage non -profits, faith -based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -
based, evidence -informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
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4. Purchase automated versions of SBIRT and support ongoing costs of t1 Back to Agenda
5. Support training for emergency room personnel treating opioid overdose patients on
post -discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction or to persons who have experienced on
opioid overdose.
11. Create or support school -based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non -profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
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17. Develop or support a National Treatment Availability Clear]' Back to Agenda
multistate/nationally accessible database whereby health care pro,.. --.-
locations for currently available in -patient and out -patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the
criminal justice system through evidence -based, evidence -informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including established strategies such as:
a. Self -referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co -responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide
referrals to evidence -informed treatment, including MAT.
5
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4. Provide evidence -informed treatment, including MAT, recovery su Back to Agenda
appropriate services to individuals with OUD and any co-occur....,
conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison.
5. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual -
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal -justice -
involved persons with OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence -based, evidence -informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women — or
women who could become pregnant — who have OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma -informed behavioral health
treatment for adverse childhood events.
6
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5. Offer enhanced family supports and home -based wrap -around services Back to Agenda
OUD and any co-occurring SUD/MH conditions, co -usage, and/o. ..,
including but not limited to parent skills training.
6. Support for Children's Services — Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence -based, evidence -informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi -modal, evidence -informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point -of -care decision -making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP — Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
7
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b. Ensuring PDMPs incorporate available overdose/naloxone de Back to Agenda
including the United States Department of Transportation ., �.... �.... ,
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence -
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take -back disposal or destruction programs.
4. Fund community anti -drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence -informed prevention, such
as reduced social access and physical access, stigma reduction — including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence -informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non -profits and faith -based communities as systems to support prevention.
7. Support evidence -informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent -
teacher and student associations, and others.
8. School -based or youth -focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community -based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction.
10. Support evidence -informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
8
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Back to Agenda
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
9
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PART THREE: OTHER STRATEGIES
1. FIRST RESPONDERS
In addition to items C8, DI through D7, H1, H3, and H8, support the following:
Back to Agenda
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not -for -profit agencies to support
collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not -for -profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross -system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other
10
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strategies to abate the opioid epidemic described in this opioid abateme Back to Agenda
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail -based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
11
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EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County 0.1638732475%
Hatton
Othello
Ritzville
_
Washtucna
_
County
Total: 0.1638732475%
Asotin County
Asotin County
0.4694498386%
Asotin
Clarkston
County
Total: 0.4694498386%
Benton County
Benton County
1.4848831892%
Benton City
Kennewick
0.5415650564%
Prosser
Richland
0.4756779517%
West Richland
0.0459360490%
County
Total: 2.5480622463%
Chelan County
Chelan County
0.7434914485%
Cashmere
Chelan
Entiat
_
Leavenworth
Wenatchee
0.2968333494%
County Total: 1.0403247979%
Clallam Count
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total: 1.7675353928%
Back to Agenda
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EXHIBIT B
Local Back to Agenda
County Government % Allocation....
Clark County
Clark County
4.5149775326%
Battle Ground
0.1384729857%
Camas
0.2691592724%
La Center
Ridgefield
Vancouver
1.7306605325%
Washougal
0.1279328220%
Woodland***
Yacolt
County Total: 6.7812031452%
Columbia Count
Columbia County
0.0561699537%
Dayton
Starbuck
County Total:
0.0561699537%
Cowlitz County
Cowlitz County
1.7226945990%
Castle Rock
Kalama
Kelso
0.1331145270%
Longview
0.6162736905%
Woodland***
County Total: 2.4720828165%
Douglas County
Douglas County
0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee
0.0799810865%
Mansfield
Rock Island
Waterville
County Total:
0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total: 0.1153487994%
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EXHIBIT B
Local Back to Agenda
County Government % Allocation
Franklin Count
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total: 0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
_Mattawa
_Moses Lake 0.2078293909%
Quin
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076%
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EXHIBIT B
Local Back to Agenda
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471 %
Island Count
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431 %
Countv Total: 0.93319730410/6
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total: 0.4417137380%
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EXHIBIT B
Local
Back to Agenda
County Government
% Allocation
King County
King County
13.9743722662%
Algona
Auburn***
_
0.2622774917%
Beaux Arts Village
Bellevue
1.1300592573%
Black Diamond
Bothell***
0.1821602716%
Burien
0.0270962921 %
Carnation
Clyde Hill
Covington
0.0118134406%
Des Moines
0.1179764526%
Duvall
Enumclaw***
0.0537768326%
Federal Way
0.3061452240%
Hunts Point
Issaquah
0.1876240107%
Kenmore
0.0204441024%
Kent
0.5377397676%
Kirkland
0.5453525246%
Lake Forest Park
0.0525439124%
Maple Valley
0.0093761587%
Medina
Mercer Island
0.1751797481 %
Milton***
Newcastle
0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond
0.4839486007%
Renton
0.7652626920%
Sammamish
0.0224369090%
SeaTac
0.1481551278%
Seattle
6.6032403816%
Shoreline
0.0435834501 %
Skykomish
Snoqualmie
0.0649164481 %
Tukwila
0.3032205739%
Woodinville
0.0185516364%
Yarrow Point
County Total: 26.0505653608%
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EXHIBIT B
Local Back to Agenda
County Government % Allocation....
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total: 3.5635439479%
Kittitas Count
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598%
Klickitat Count
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total: 0.2211673457%
Lewis County
Lewis County
1.0777377479%
Centralia
0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:
1.2687367832%
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EXHIBIT B
Local
County Government
Lincoln_County
Lincoln County
Almira
% Allocation
0.1712669645%
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total: 0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
Countv Total: 0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345%
Pacific County
Pacific County 0.4895416466%
I Iwaco
Long Beach
Raymond
South Bend
Countv Total: 0.4895416466%
Back to Agenda
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EXHIBIT B
Pierce County
Local Back to Agenda
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
lone
Metaline
Metaline Falls
Newport
County Total: 0.2566374940%
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake
0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood
0.0048016791%
Enumclaw***
0.0000000000%
Fife 0.1955185481 %
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup
0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner
0.1083157569%
Tacoma
3.2816374617%
University Place
0.0353733363%
Wilkeson
Countv Total:
12.0345236870%
San Juan County
San Juan County 0.2101495171 %
Friday Harbor
County Total: 0.2101495171 %
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EXHIBIT B
Local Back to Agenda
County Government % Allocation....
Skagit County
Skagit County
1.0526023961 %
Anacortes
0.1774962906%
Burlington
0.1146861661 %
Concrete
Hamilton
La Conner
Lyman
Mount Vernon
0.2801063665%
Sedro-Woolley
0.0661146351 %
County Total:
1.6910058544%
Skamania County
Skamania County
0.1631931925%
North Bonneville
Stevenson
County Total: 0.1631931925%
Snohomish County
Snohomish County
6.9054415622%
Arlington
0.2620524080%
Bothell***
0.2654558588%
Brier
Darrington
Edmonds
0.3058936009%
Everett
1.9258363241 %
Gold Bar
Granite Falls
Index
Lake Stevens
0.1385202891 %
Lynnwood
0.7704629214%
Marysville
0.3945067827%
Mill Creek
0.1227939546%
Monroe
0.1771621898%
Mountlake Terrace
0.2108935805%
Mukilteo
0.2561790702%
Snohomish
0.0861097964%
Stanwood
Sultan
Woodway
County Total: 11.8213083387%
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EXHIBIT B
Local Back to Agenda
County Government % Allocation
Spokane Count
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake
0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane
3.0872078287%
Spokane Valley
0.0684217500%
Waverly
County
Total: 8.8808245947%
Stevens Coun
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total: 3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total: 0.0596582197%
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EXHIBIT B
Local
County Government
Walla Walla Count
Walla Walla County
College Place
Prescott
Waitsburg
Walla Walla
Whatcom Coun
% Allocation
0.5543870294%
0.3140768654%
County Total: 0.8684638948%
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891 %
Lynden 0.0827115612%
Nooksack
Sumas
Countv Total: 2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491 %
Rosalia
St. John
Tekoa
Uniontown
Countv Total: 0.4841643328%
Back to Agenda
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EXHIBIT B
Local Back to Agenda
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
County Total: 2.7192887991 %
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Back to Agenda
Exhibit C
Page 286 of 319
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Back to Agenda
KING COUNTY REGIONAL AGREEMENT
King County intends to explore coordination with its cities and towns to facilitate a Regional
Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in
a Regional Agreement, this shall not preclude coordinated allocation for programs and services
between the County and those cities and towns who elect to pursue a Regional Agreement. As
contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the
MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for
allocation in CA of the MOU shall apply.
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Back to Agenda
EXHIBIT K
Subdivision and Special District Settlement Particivation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[x] Yes [ ] No
Governmental Entity: Port Orchard city
State: WA
Authorized Signatory: Noah Crocker
Address1: 216 Prospect street
Address 2:
City, State, Zip: Port Orchard Washington 98366
Phone: 360 876-7023
Email: ncrocker@portorchardwa.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
hUs://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
Page 288 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11. In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2 o°ro
Page 289 of 319 0
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
I have all necessary power and authorization to execute this Settlement Participation rorm on nenan
of the Governmental Entity. Docusignea by:
44, r,V'b&W
Signature:
Name: Noah Crocker
Title: Finance Director
Date: 2/21/2023
Page 290 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
Exhibit K
Subdivision and Special District Settlement Participation_ Form
Governmental Entity: Port Orchard city
State: WA
Authorized Signatory: Noah Crocker
Address1: 216 Prospect street
Address 2:
City, State, Zip: Port orchard Washington 98366
Phone: 360 876-7023
Email: ncrocker@portorchardwa.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalol2ioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
Page 291 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2 o°ro
Page 292 of 319 0
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity. DocuSignea by:
Signature:
Name: Noah Crocker
Title: Finance Director
Date: 2/21/2023
Page 293 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[x] Yes [ ] No
Governmental Entity: Port Orchard city
State: WA
Authorized Signatory: Noah Crocker
Address1: 216 Prospect Street
Address 2:
City, State, Zip: Port Orchard Washington 98366
Phone: 360-876-7023
Email: ncrocker@portorchardwa.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
Page 294 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental -Lntity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in the CVS Settlement.
2 o°ro
Page 295 of 319 0
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity. DocuSigned by:
1 `� (Ybd"' ,V'
Signature:
Name: Noah Crocker
Title: Finance Director
Date: 2/21/202 3
Page 296 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens
Settlement at this time?
[x] Yes [ ] No
Governmental Entity: Port Orchard city
State: WA
Authorized Signatory: Noah Crocker
Address1: 216 Prospect street
Address 2:
City, State, Zip: Port Orchard Washington 98366
Phone: 360-876-7023
Email: ncrocker@portorchard
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walgrccns
Settlement solely for the purposes provided therein.
Page 297 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walgreens Settlement.
2 00
Page 298 of 319 0
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
11. Nothing herein is intended to modify in any way the terms of the Walgreens Nettlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity. oocusi9nea by:
Signature:
44 (yb&t
Name: Noah Crocker
Title: Finance Director
Date: 2/21/2023
Page 299 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[x] Yes [ ] No
Governmental Entity: Port Orchard city
State: WA
Authorized Official: Noah Crocker
Address1: 216 Prospect street
Address 2:
City, State, Zip: Port Orchard Washington 98366
Phone: 360-876-7023
Email: ncrocker@portorchardwa.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 ("Walmart Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
Page 300 of 319
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities' decision to participate in the Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
2 W
Page 301 of 319 0
DocuSign Envelope ID: 64D34AC4-AOAD-4C63-ADAO-E707A6CA08D3
Back to Agenda
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity. oocusi9ned by:
[44, (r6dL v�
Signature:
Name: Noah Crocker
Title: Finance Director
Date: 2/21/2023
Page 302 of 319
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7H
Approval to Accept a Special Event
Back to Agenda
Meeting Date: March 28, 2023
Prepared by: Brandy Wallace, MMC
Application and Approval of Road Closure
for a Special Event: The Unforgotten — Run Atty Routing No:
to Tahoma Atty Review Date:
N/A
N/A
Clerk
Summary: City staff received a Special Event application for The Unforgotten: Run to Tahoma event on
February 2, 2023. Since this application is requesting road closures, the application received was less
than the required 120 days and requires Council approval to accept and process the application.
The expedited process for applications were removed and since there are no provisions to allow
"grandfathered" event holders an exemption of time requirements, the applicant is asking Council to
modify the permit requirement by waiving the time restriction of submitting an application 120 days
before the date of the special event to take place, as outlined in POMC 5.94.030 (4).
The application states the following:
EVENT: The Unforgotten: Run to Tahoma
TYPE: Celebration of Life; Formal Procession
DATE: Saturday, May 27, 2023
TIME: Open to public at 9:00 a.m. until 11:00 a.m.
LOCATION: Kitsap County Administration Building on Division Street
CLOSURE(S): Division Street, between Cline Avenue and Sidney Avenue; a rolling closure
starting on Sidney, between Division Street and Tremont Street; and Tremont
Street, between Sidney Avenue and SR16
In addition, pursuant to Port Orchard Municipal Code 5.94.050 (4), staff shall bring forward the special
event application to the City council for approval when the event requires a street or highway closure.
This event is requesting road closures.
The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments
regarding how allowing the special event will impact their property, business, or quality of life has been
published and to -date, the City has received no concerns regarding this event taking place.
Staff and outside agencies are reviewing the application and are working towards ensuring safety
measures are in place.
Page 303 of 319
Business Item 7H
--- � -12
Back to Agenda
Relationship to Comprehensive Plan: N/A
Recommendation: Staff supports the application, upon the event meets the required necessary public
safety and traffic control provisions.
Motion for consideration: I move to approve The Unforgotten: Run to Tahoma application, an event
being held on May 27, 2023, be accepted and processed by staff waiving POMC 5.94.030(4) requirement
and to approve the road closure upon all safety and traffic controls are in place.
Fiscal Impact: None.
Alternatives: Deny the road closure and not modify the time submittal requirement.
Attachments: Application, including maps and traffic flow map
Page 304 of 319
SPECIAL EVENT PERMIT APPLICATION
PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
STANDARD PROCESSING FEE: $50.00
Event Overview
Back to Agenda
I? E C- jj- -V-S �1)
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Name of event: The Unforgotten: Run to Tahoma
Location of event: Kitsap County Administration Building, Division Stree, Port Orchard
Type of Event: Festival Valk/Run Parade Vendor Fair Concert
❑ Block Party ❑ Other: Vet Ceremony
Event or Organization Website:
https://www.kitsapgov.com/hs/PagesNAB-Run-to-Tahoma.aspx
Description of event:
Each year the Kitsap County Board of Commissioners, Kitsap County Coroner's Office, Kitsap
County Veterans Advisory Board, and Combat Veterans International host The Unforgotten,
Run to Tahoma. This is a ceremony held on the Saturday of the Memorial Day weekend at the
county administration building and honors deceased veterans whose remains have not been
rlaimnri by family nr_.frianrl.c..fnr h� �ri�l Af/nr rnlnhr�finn of life rnrmm�n» v,Qf,-r2n r•r
Event Details
Set Up Starts:
Start Day:
Start Date: Start Time
Saturday
05/27/2023 0800
I
Event Dates/Times: Indicate Dates/Times OPEN to attendees
-1100
Day:
Date:
Start Time: I
End Time:
Saturday
05/27/2023
0900
1100
Day:
Date:
Start Time:
End Time:
Day: I Date: I Start Time: I End Time:
Take Down Complete:
End Day: End Date: End Time:
Saturday 05/27/2023 1130
Expected Daily Attendance:
[Participants Spectators volunteers/staff
250 1 300 1 25
Additional details: (attach additional pages as needed for additional days or details)
A brief ceremony will be held to honor the deceased veterans at the Kitsap County
Administration building on Division Street. Immediately following the ceremony the cremains
will be excorted to the Tahoma National Cemetery.
City of Port Orchard I Special Event Application
Revised 111012023
Page 3 of 12
Page 305 of 319
Back to Agenda
Admission Fees:
Does your event require a paid fee for participants and/or spectators? I I'Yes ��V0
Does your event require minimum or suggested donation for participants and/or spectators?
Admission/participation fee/ suggest donations amount(s):
No admission or participation fees are required or requested.
Organization Information*
Name of Organization: Kitsap County Veterans Advisory Board
Do you have an active City Business License? es NO What is your UBI number? N/A
Point of Contact Name: Richard Becker
Street Address:
6955 Cadmar Ln NW
City: Seabeck
Phone: 360-337-4811
NO
Mailing Address: (if different from street address)
State: WA Zip: 98380 City: State: Zip:
Alternate Phone: 360-633-020.. Email: rbecker@kitsap.gov
`Please note the organization information provided may be shared for inquires made on event details
Insurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the
City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows:
$1,000,000 Liability; $1,000,000 Bodily Injury
Special Event Insurance for events held at city -owned facilities can be purchased at event!nsure.hubinternational.com/.
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)? Yes❑ No 7 Not Applicable
If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to
show the available parking for this event in place of providing a written description below.
Sufficient parking will be available at designated Kitsap County parking areas.
City of Port Orchard I Special Event Application
Revised 111012023
Page 306 of 319 Page 4 of 12
Use of City Streets and/or State Highway
STATE HIGHWAY:
Back to Agenda
Will this event require closure of a State Highway (most common is Bay Street/SR166)? F1yes VNo
If yes, which highway: Bay Street/SR 166 1-1 Sedgwick Road Mile Hill Drive
For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days
before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington
State Department of Transportation (WSDOT) by completing on online application. Once permission is granted from WSDOT,
a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 4S days prior to the event.
WSDOT's online application is located at: httr)s://www.wsdot.wa.gov/contact/events/special-eveilLs
CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means
any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and
shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof
which are designated as portions of the state highway system."
Will this event require closure of any of the below public property/ right-of-way? WlYes F1No
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
City Park(s):
❑Van Zee Park McCormick Etta Turner Rockwell Park
village Park Park
❑Paul Powers
Park Elentral Park QLivuns Park
Parking Lot(s):
Lot 1: between Orchard and Frederick streets on the north side of Bay Street
❑ Lot 2: between Frederick Street and Sidney Avenue, north of Bay St.
❑ Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library
❑ Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park
❑ Lot 5: all parking on City Hall property in front of the Police department
❑ Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection
❑ Lot 7: all parking spaced located on the library property which is limited to library staff only
❑ Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect
Street.
Sidewalk(s):
City of Port Orchard I Special Event Application
Revised 111012023
Page 5 of 12
Page 307 of 319
Street(s): We request the closure of Division Street for the safety of attendees be Back to Agenda
hours of 0930 and 1100,
if requesting street or highway closure, fill out the "Details of Closure" section below and provide a traffic control plan of
the area impacted.
Traffic Control Plan:
A traffic control plan is required for all street and highway closures and must be submitted with this application.
See example Site Plan. The following is required to be on the plan(s):
71 Detour route(s) ❑Pedestrian and Bicycle routes 07Volunteers: how many, where, how long, etc.
Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking them
down, etc.
❑ Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time will
they be gone, etc.
Should your event require traffic control and certified flaggers to manage the road closures, provide the following
information:
Name of the Traffic Control company: N/A
Point of Contact Name:
Phone:
Details of Closure(s):
Alternate Phone:
Email:
Street Name: I Between I And I Start Date: I Start Time: I End Date: I End Time:
Division
Sydneyl
Cline
05/27/2023
0930
05/27/2023
1100
Sydney
Division
Tremont
05/27/2023
1100
05/27/2023
1115
Tremont
Sydney ,
SR16
05/27/2023
1115
05/27/2023
1130
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
Elite Riders will serve as intersection road guards .
City of Port Orchard I Special Event Application
Revised 111012023
Page 6 of 12
Page 308 of 319
Back to Agenda
Alcohol Sales/Services
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://Icb.wa.gov/_ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event?Yes* VNo
*if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food Sales/Service
You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit.
Visit their website at https.11kltsaoiaublichealth,ora/Food5afetylfood vendors.php or call (360) 728-2235 for information.
Will your event have any food service and/or sales?❑Yes �o If yes, how many:
Will your event have professional catering? Yes ZVa If yes, how many:
Will your event have food truck(s)? lives 16a If yes, how many:
Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as:
An operational permit is required for mobile food preparation vehicles equipped with appliances that
produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community
Development.
• Food Truck Safety Handout
• Mobile food Preparation Vehicle Permit Application
Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle 1 Garbage 1
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self-Haul7Yes No List vendor/company, if applicable: N/A
Detail your plan for waste management within the event area and surrounding neighborhood:
Waste management will be accomplished by using receptacles available at the Kitsap County
�C rnl�n�� c`r•�} -� u,Wb A� ctS iv) I
1, avk
City of Port Orchard I Special Event Application
Revised 111012023
Page 7 of 12
Page 309 of 319
Back to Agenda
Restrooms
Prove the number of restrooms that will be available to the public for your event: Sufficient restroomi-
Below is an example of the estimated amounts needed per the amount of users t rr) nde in tF FLEIM� 5pecialnEvents pz c0 I
Contingency Planning: Job Aids Manual.
No. of users (50% male and 50% female)
Minimum number of portable toilets
Up to 240
3
250 to 499
4
500 to 900
6
12
1,000 to 1,999
2,000 to 2,999
25
3,000 to 3,999
38
4,000 to 4,999
50
Master Multi -Vendor Event License
Will your event have vendors?Yes 0No
N/A
If so, how many anticipated exhibitors/vendors will be at your event?
If so, will they be selling merchandise and/ or food? Elyes ✓ONo -If you indicated Yes, please seethe Food section on Page
4 of this application.
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master
Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed
each day along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The
location shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the
sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which
the vending device stands.
• Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
City of Port Orchard I Special Event Application
Revised 111012023
Page 8 of 12
Page 310 of 319
Tents
Back to Agenda
Does your event include a tent or membrane structure? Des �o�iot Applicable
If yes, what is the tent size: N/A _ _ _ Does the tent have sides? ❑ Yes ❑ No ❑ Not applicable
May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533.
Event Signage
Are you planning to put up temporary signs? []Yes ❑✓ No
POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is
not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any
poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent
support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited
to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of
less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn
with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the
permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if
you have questions or if you need to apply for a sign permit.
Amplified Sound
Does your event have any amplified sound? VYes 1-1No
Indicate dates/time of any amplified sound below:
Day:
Date:
Start Time:
End Time:
Saturday
05/27/2023
0930
1100
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time;
End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.):
Assuming good weather, patriotic music will be played as an interlude to the ceremony at 0930, voice presentations during the ceremony at
1000, and patriotic music following the ceremony at 1045 to 1100 If inclement weather, ceremonies will be held in the Commissioners
Chambers.
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
Two mid -sized speakers will be placed on 6 foot tall stands.
Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
Speakers will be directed from the administration building toward the county court house.
Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information
please contact the Port Orchard Police Department (360) 876-1700.
City of Port Orchard I Special Event Application
Revised 111012023
Page 9 of 12
Page 311 of 319
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Back to Agenda
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Page 312 of 319
Back to Agenda
Site Map
A site map is required to be submitted which includes the following:
Vendors:
11 Yes
No
7
Not applicable
Beer Garden:
Yes
No
W1
Not applicable
Signage:
Yes
No
W1
Not applicable
Tents:
yes
F-INo
W1
Not applicable
Public entrances and exits:
W1 Yes
F-INo
Not applicable
Road closures and detours:
W1 Yes
No
Not applicable
Traffic patterns:
Yes
No
Not applicable
Fire Lanes:
Yes
No
Not applicable
Garbage/Recycling:
Yes
No
IJ
Not applicable
Barricades:
Yes
No
Not applicable
First Aid:
Yes
No
Not applicable
Parking:
Yes
11 No
Not applicable
Restrooms:
Yes
11
No
u
Not applicable
If event is a run/walk, list start and stop locations and water/rest stations:
1-1 Yes F—INo ® Not applicable
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
I, as the President or Chair of my organization, agree to the terms and conditions listed above.
Richard Beckeroegea'zo23o2.by 111::47 Richard Becker 01/01/2023
Signature of President/Chair of Organization Print Name Date
City of Port Orchard I Special Event Application
Revised 111012023
Page 10 of 12
Page 313 of 319
Back to Agenda
FOR CITY CLERK'S OFFICE USE ONLY
Date Special Event Fee Paid ($50): Receipt No.:
Insurance Certificate(s) Received:
Does event require a Master Multi -Vendor License: ❑ Yes o
If Yes: ❑ $15/daffy fee El$200/monthly fee
Number o dayf s. a Date paid: �- Receipt No.:
Department/Agency Routing:
❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District
Public Notice Dates:
Council Action Date:
ORCHARD
City of Port Orchard I Special Event Application
Revised 111012023
Page 11 of 12
Page 314 of 319
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Discussion Item 8A
Subject: Discussion of the 2022 Annual Impact Fee
Report
Back to Agenda
Meeting Date: March 28, 2023
Prepared by: Nicholas Bond, AICP
DCD Director
Atty Routing No.
Atty Review Date
NA
NA
Summary: The City is required to prepare an annual report on the collection and expenditure of impact fees
The 2022 report is attached this this staff report.
Relationship to Comprehensive Plan: N/A
Recommendation: Review and Discuss the 2022 Annual Report
Motion for consideration: N/A
Fiscal Impact: N/A
Alternatives: N/A
Attachments: The 2022 Annual Impact Fee Report Memorandum
Page 315 of 319
CITY OF PORT ORCHARD
YY Department of Community Development
, , 216 Prospect Street
�o IYYI Port Orchard, WA 98366
Phone (36o) 874-5533 ' Fax (36o) 876-498o
Memorandum
To: The City Council
From: Nicholas Bond AICP, DCD Director
Date: March 28, 2023
Re: 2022 Impact Fee Annual Report (Per POMC 16.70.130 E)
Back to Agenda
Port Orchard Municipal Code Section 20.182.130 (5) requires the DCD Director and the South Kitsap
School District to provide an annual report on the collection of park, transportation, and school impact
fees. This memo is written to satisfy the reporting requirement for the City's park and transportation
impact fees. The School District's report is to be provided separately pursuant to the Interlocal
Agreement (C035-22) between the District and the City concerning the collection of school impact fees.
Park Impact Fee:
Background: Park impact fees are assessed against all residential development and the fee amount is
based on housing type. Impact fees are intended to be spent within a 10-year period of being collected
for appropriate projects.
10-Year Tracking: The city tracks the total amount of park impact fee revenue collected each year and
when those revenues were spent on park eligible projects. As of the end of 2021, the City has expended
all revenues collected from 2012-2018. See the below table for current revenue received eligible for
projects by fiscal year. Pursuant to RCW 82.02.070 (3) impact fees must be spent within 10 years of
collection. The table below demonstrates $12,762 must be spent by 2029, $173,546 by 2030, $248,995
by 2031 and $373,215 by 2032
Tracking
2019
2020
2021
2022
Revenues
79,059
173,546
248,995
373,215
Applied Expenses
(66,297)
Balance Available to Spend By Year Collected
12,762
173,546
248,995
373,215
2022 Financial Overview: On January 1, 2022, there was a parks impact fee balance of $472,322.
Revenue received during the year included park impact fees of $362,607 and interest of $10,608 for a
total revenue received of $373,215. Park impact fees were used to pay towards the McCormick Village
Park Splash Pad Retrofit Project in 2022 in the amount of $37,019 leaving an ending balance of
$808, 518.
Page 316 of 319 Page 1 of
Back to Agenda
The follow table represents the revenue and expense activity:
Park Impact Fees
2020
2021
2022
Beginning Balance
1231325
255,009
472,322
Revenue
173,546
248,995
373,215
Expenditure
(41,862)
(31,682)
(37,019)
Ending Balance
1 255,009
1 472,322
1 808,518
Transportation Impact Fee:
Background: Prior to 2021, the City had two separate areas for the collection of impact fees due to the
2005 development agreement for transportation between the Kitsap County (assumed by Port Orchard)
and McCormick Communities. In 2015, the City adopted transportation impact fees (effective January
1, 2026) for all areas of the City other than the areas of McCormick woods governed by the 2005
agreement. In 2021, the City approved Ordinance 007-21 and a new Development Agreement for
Transportation between the City and McCormick Communities (C035-21). These two actions
consolidated the City into a single transportation impact fee assessment area and provided for the
combination of McCormick specific transportation impact fees and the non -McCormick specific impact
funds. However, pursuant to the 2005 and 2021 development agreements for transportation, the
McCormick specific impact fees that had been collected are not subject to RCW 82.02.070 requiring
that the funds be spent within 10 years. As such, these funds are and will continue to be tracked and
accounted for separately in annual reports until the funds have been spent in full.
Since Ordinance 007-21 took effect, transportation impact fees are assessed against all new
development in the city and are based on the peak PM trip generation of a project. Impact Fees, other
than those collected pursuant to the 2005 McCormick development agreement for transportation, are
intended to be spent within a 10-year period of being collected for appropriate projects.
10-Year Tracking (non -McCormick Woods Transportation Impact Fees): The city tracks the total
amount of transportation impact fee revenue collected each year and when those revenues were spent
on eligible projects. As of the end of 2022, the City has expended all revenues collected from 2016-
2019. See the below table for current revenue received eligible for projects by fiscal year. Pursuant to
RCW 82.02.070 (3) impact fees must be spent within 10 years of collection. The table below
demonstrates $420,858 must be spent by 2030, $1,205,887 by 2031, and $1,845,686 by 2032.
10-Year Tracking
2020
2021
2022
Revenues
498,544
1,205,887
1,845,686
Applied Expenses
(77,686)
-
-
Balance Available to Spend By Year Collected
420,858
1,205,887
1,845,686
Page 317 of 319 2
2022 Financial Overview (non -McCormick Transportation Impact Fees): On Januai Back to Agenda
a balance of $1,731,882. Revenue received during the year included impact fees Vi 'P i ,uuu,000 ai iu
interest of $45,464 for a total of $1,845,686 in transportation impact fee revenue. Transportation impact
fees were used as follows:
1) TIP 1.7 Bethel -Lincoln Corridor project (TIF 2.04E): $96,088
2) TIP 1.15 Pottery Ave Non- Motorized: $9,048
The total expenses paid for 2022 was $105,138. Transportation impact fees ended the year with a
balance of $3,472,431.
The follow table represents the revenue and expense activity:
Transportation
Impact
2020
2021
2022
Beginning Balance
702,981
944,142
1,731,882
Revenue
498,544
1,205,887
1,845,686
Expenditure
(257,383)
(418,147)
(105,138)
Ending Balance
944,142
1,731,882
3,472,431
2022 Financial Overview (McCormick Transportation Impact Fees): In the following table, McCormick
Woods impact fees are accounted for separately from the citywide transportation impact fees. Pursuant
to a 2021 Development Agreement for Transportation (035-21), these funds may be spent on any
eligible impact fee project. On January 1, 2022 there was a balance of $788,898 for McCormick Woods
Transportation Fees. The City no longer collects McCormick specific transportation impact fees.
Revenue received during the year included interest of $11,232. In 2022 McCormick Woods impact fees
in the amount of $103,640 were used to reimburse McCormick Land Co. (as assigned) for previously
constructed improvements pursuant to the 2005 Development Agreement for Transportation between
McCormick Communities LLC and the City. Additionally, $4,847 was used to pay right of way services
for TIP 1.5A Old Clifton Road. The total expenses paid for 2022 was $108,487. The result of these
activities is an ending balance of $691,644
The follow table represents the revenue and expense activity:
McCormick Woods
2020
2021
2022
Beginning Balance
610,659
785,820
788,898
Revenue
222,471
31,190
11,232
Expenditure
(47,310)
(28,111)
(108,487)
Ending Balance
785,820
788,898
691, 644
Restated Transportation Impact Fees:
In 2021 the McCormick Woods Transportation Impact Fees were merged with the City transportation
fee through a new agreement (C035-21). The following table restates the combined transportation
impact fee balances for 2021 and 2022.
Page 318 of 319 3
Beginning Balance
Revenue
Expenditure
Ending Balance
2021*
Transportation Impact
1,729,962
1,237,077
(446,258)
2,520,781
_ Back to Agenda
2022* 1
2,520,781
1,856,918
(213, 625)
4,164, 074
*2021,2022 Re -stated to reflect New McCormick Agreement
Transportation Impact Fee Detail History
2021 Project Description
TIF
2021
2021 TIF
Growth Share
City Expenses Paid
Developer
Credits issued
Growth Share
Remaining
Certified
Project Cost
2008-2015
1 2016-2021
2022
FY 2022
Glenwood Connector Roadway
DA
$ 2,000,000
$ 391,612
$ 291,228
$ 103,640
$ 1,337,343
$ 2,123,823
Tremont St Widening CN Phase
1.1
$ 1,851,656
$ 47,000
$ 1,804,656
Bethel/Sedgwick Corridor Ph. 1 Design
1.3
$ 293,489
$ 293,489
Old Clifton Rd/Anderson Hill Rd Roundabout
1.4
$ 786,112
$ 147,685
$ 638,427
Old Clifton Rd Design - 60%
1.5A
$ 562,000
$ 4,847
$ 557,153
Old Clifton Rd/Campus Pkwy Roundabout (C035-21)
DA-1.SC
$ 1,600,000
$ 144,849
$ 1,455,151
$ 568,161
VallairCtConnector
1.7
$ 96,697
$ 96,697
Sidney Ave (N) Widening
2.01
$ 3,144,444
$ 3,144,444
Sedgwick Rd West Design/ROW
2.02
$ 722,000
$ 722,000
Sedgwick Rd West Construction
2.03
$ 2,165,500
$ 2,165,500
Bethel/Sedgwick Corridor Ph. 1 ROW/Construction
2.04A
$ 1,740,094
$ 1,740,094
Bethel/Sedgwick Corridor Ph. 2
2.04B
$ 1,464,306
$ 1,464,306
Bethel/Sedgwick Corridor Ph. 3
2.04C
$ 97,776
$ 97,776
Bethel/Sedgwick Corridor Ph.4
2.04D
$ 2,067,975
$ 2,067,975
Bethel/Sedgwick Corridor Ph. 5
2.04E
$ 5,529,500
$ 602,394
$ 96,089
$ 4,831,027
Sidney Rd (S) Widening
2.05
$ 2,123,567
$ 2,123,567
Sidney Rd (S) Widening(C076-21)
DA-2.05
$ 469,800
$ 469,800
$ -
$ 580,085
Pottery Ave(N) Widening
2.06
$ 277,500
$ 277,500
Old Clifton Rd Shoulder & Ped Improvements
2.07
1,686,000
$ 86,630
$ 1,599,370
Old Clifton Rd/McCormick Woods Dr Roundabout (C035-21)
DA-2.08
1,600,000
$ 1,600,000
MelcherSt Widening
2.09
25,279
$ 25,279
Fireweed Rd Widening
2.1
11,700
$ 11,700
Sherman Ave Widening
2.12
16,400
$ 16,400
Tremont St Widening Ph. 2- PO Blvd
2.13
5,342,000
$ 5,342,000
Pottery Ave (S) Widening
2.14
415,119
$ 9,049
$ 406,070
Blueberry Rd Widening
2.16
80,518
$ 80,518
Geiger Rd Widening
2.17
11,700
$ 11,700
Salmonberry Rd Widening
2.18
28,803
$ 28,803
Piperberry Way Extension
2.19
25,665
$ 25,665
Old Clifton Rd/Feigley Rd Roundabout
2.21
31,150
$ 31,150
DA Feigley Rd Improvements*
DA
76,474
76,474
$ -
$ 76,474
Totals
$ 36,343,224
$ 4"'086
$ 1,174,927
$ 213,625
$ 614,649
$ 33,995,760
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