008-23 - Ordinance - Development Agreement with Blueberry Apartments QOZB, LLCDocuSign Envelope ID: 17D3D4AA-A456-4585-B6E3-91658F605655
ORDINANCE NO. 008-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH BLUEBERRY
APARTMENTS QOZB, LLC FOR THE BLUEBERRY APARTMENTS DEVELOPMENT;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.70B.170, the City Council has the authority to review and
enter into development agreements that govern the development and use of real property within
the City; and
WHEREAS, the City Council has adopted standards and procedures governing the City's
use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code
(POMQ and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, Blueberry Apartments QOZB, LLC applied for a Development Agreement under
Chapter 20.26 POMC on March 27, 2023 and such Agreement has been processed consistently
with the POMC and State law; and
WHEREAS, the Development Agreement by and between the City of Port Orchard and
Blueberry Apartments QOZB, LLC , relates primarily to the development of property owned by
Owner at 4330 and 4336 Bethel Rd SE, Port Orchard, Washington (Kitsap County Tax Parcels
#022301-4-043-2007, 022301-4-012-2004, 022301-4-026-2008) (hereinafter, the "Property");
and
WHEREAS, Blueberry Apartments QOZB, LLC proposes to develop the Property with a
multi -family development consisting of 108 multifamily units within six buildings, parking for 183
vehicles, landscaping, outdoor amenity areas, and associated site improvements (collectively, the
"Development Project" or City Permit No. PW22-005); and
WHEREAS, on August 2, 2022 the City issued a demolition permit (22-668) to Blueberry
Apartments QOZB, LLC for two detached houses on the Property; and
WHEREAS, in the calculation of traffic impacts and upon demolition or termination of a
use, POMC 20.180.005(4) allows capacity evaluation credit for the net increase of impacts to City
road facilities; and
WHEREAS, the Development Project creates a net increase of impacts to City road
facilities from 106 multifamily units; and
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Ordinance No. 008-23
Page 2 of 4
WHEREAS, Blueberry Apartments QOZB, LLC proposes dedicate certain property
("Transportation Improvement Project Property") to the City for the purpose of the City's
construction of a portion of a City transportation improvement defined as Project 2.04A on the
impact fee study as defined herein as the "Transportation Improvement Project" which property
dedication is 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 Property dedication is necessary for
the City's development of the Transportation Improvement Project which will benefit the
Development Project and the general public; and
WHEREAS, the Agreement governs the dedication of the Transportation Improvement
Project Property to the City and the respective transportation impact fee credits that will result
from Blueberry Apartments QOZB, LLC dedicating the Transportation Improvement Project
Property; and
WHEREAS, POMC 20.32.100 requires a minimum ground floor elevation of two feet for
all "Apartment" building types and the City and Blueberry Apartments QOZB, LLC agree that, as
proposed, the Development Project provides an equal or better ground floor privacy for residents
and aesthetic screening than could be provided with strict adherence to the Code; and
WHEREAS, the City agrees that Blueberry Apartments QOZB, LLC may depart from the
requirements of POMC 20.32.100 to the extent where no minimum ground floor elevation shall
be applied; and
WHEREAS, except with regard to the Transportation Improvement Project Property
dedication and the respective applicable transportation impact fee credits, and the departure
from POMC 20.32.100, the Agreement does not establish or modify the standards or conditions
for the underlying Development Project 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 Blueberry Apartments QOZB, LLC and include a
transportation impact fee credit calculation, the Parties deem it in their best interests to enter
an Agreement and the City Council finds that approving the Agreement is in the public interest;
and
WHEREAS, on September 16, 2022, the City's SEPA official issued a Mitigated
Determination of Non -significance for the development and no appeals were filed in a timely
manner; and
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Ordinance No. 008-23
Page 3 of 4
WHEREAS, the City Council held a public hearing on May 9, 2023 regarding this
Agreement and comments were not received; and
WHEREAS, the City Council, after careful consideration of the Development Agreement
and all public comments and testimony, finds that the Development Agreement is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the Agreement in the best interests of the residents of the City;
now, therefore,
WHEREAS, after a public hearing, by Ordinance No. 008-23, the City Council authorized
the Mayor to sign this Agreement with the Owner.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this
ordinance and all "Whereas" sections of the Development Agreement as findings in support of
this ordinance.
SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to
execute a Development Agreement with Blueberry Apartments QOZB, LLC as provided in "Exhibit
A" of this Ordinance.
SECTION 3. 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 4. 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 S. Effective Date. This Ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after posting and publication as required
by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance,
as authorized by state law.
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 91" day of May 2023.
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ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSigned by:
arm
57
Charlotte A. Archer, City Attorney
PUBLISHED: May 12, 2023
EFFECTIVE DATE: May 17, 2023
Ordinance No. 008-23
Page 4 of 4
DocuSigned by:
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Robert Putaansuu, Mayor
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Scott Diener, Councilmember
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EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD
AND BLUEBERRY APARTMENTS QOZB, LLC FOR THE DEVELOPMENT AND
FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND BLUEBERRY
APARTMENTS QOZB, LLC FOR THE DEVELOPMENT AND FUNDING OF
CERTAIN TRANSPORTATION IMPROVEMENTS
Contract No. 039-23
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2023, by and between the City of Port Orchard, a non -charter, optional
code Washington municipal corporation, hereinafter the "City," and Blueberry Apartments
QOZB, LLC, a Washington limited liability company, hereinafter the "Owner" (individually, a
"Party" and collectively, 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 Owner has applied for a Development Agreement under Chapter 20.26
POMC on March 27, 2023 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 Owner (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the
development of property owned by Owner at 4330 and 4336 Bethel Rd SE, Port Orchard,
Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, 022301-4-
026-2008) (hereinafter, the "Property"); and
WHEREAS, the Owner proposes to develop the Property with a multi -family development
consisting of 108 multifamily units within six buildings, parking for 183 vehicles, landscaping,
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outdoor amenity areas, and associated site improvements (collectively, the "Development Project"
or City Permit No. PW22-005); and
WHEREAS, on August 2, 2022 the City issued a demolition permit (22-668) to the Owner
for two detached houses on the Property; and
WHEREAS, in the calculation of traffic impacts and upon demolition or termination of a
use, POMC 20.180.005(4) allows capacity evaluation credit for the net increase of impacts to City
road facilities; and
WHEREAS, the Development Project creates a net increase of impacts to City road
facilities from 106 multifamily units; 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 Mitigated Determination of Non -significance issued on September
16, 2022 ("MDNS"). The MDNS for the Development Project was not timely appealed; and
WHEREAS, associated the Development Project, the Owner proposes dedicate certain
property ("Transportation Improvement Project Property") to the City for the purpose of the
City's construction of a portion of a City transportation improvement defined as Project 2.04A on
the impact fee study as defined herein as the "Transportation Improvement Project" which
property dedication is 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 Property dedication is necessary for
the City's development of the Transportation Improvement Project which will benefit the
Development Project and the general public; and
WHEREAS, this Agreement governs the dedication of the Transportation Improvement
Project Property to the City and the respective transportation impact fee credits that will result
from the Owner dedicating the Transportation Improvement Project Property; and
WHEREAS, POMC 20.32.100 requires a minimum ground floor elevation of two feet for
all "Apartment" building types and the Parties agree that, as proposed, the Development Project
provides an equal or better ground floor privacy for residents and aesthetic screening than could
be provided with strict adherence to the Code, therefore, the City has agreed that Owner may depart
from the requirements of POMC 20.32.100 in the following manner: no minimum ground floor
elevation shall be applied; and
WHEREAS, except with regard to this Transportation Improvement Project Property
dedication and the respective applicable transportation impact fee credits, and the departure from
POMC 20.32.100 as described herein, this Agreement does not establish or modify the standards
or conditions for the underlying Development Project which is being undertaken in accordance
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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 Owner and include a transportation impact fee
credit calculation, the Parties deem it in their best interests to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on May 9, 2023 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. 008-23, the City Council authorized
the Mayor to sign this Agreement with the Owner.
AGREEMENT
Section 1. The Property. The Property comprises 4330 and 4336 Bethel Rd SE, Port
Orchard, Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, and
022301-4-026-2008). The 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 Property is shown Exhibit
B on which is attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. Transportation Improvement Project Property. Pursuant to this Agreement,
Owner shall be responsible for the dedication of the Transportation Improvement Project Property
to the City as described herein.
a) Transportation Improvement Project t Property. Owner shall dedicate certain property
necessary for the City to construct a portion the Bethel Phase 1 Project located at the intersection
of Blueberry Road and Bethel Avenue, Project 2.04A on the City impact fee study (defined herein
as the "Transportation Improvement Project Property") as shown in Exhibit C. The exact
dimensions and configuration of the Transportation Improvement Project Property will be
determined following completion of final design of the Transportation Improvement Project. The
roadway portion will be constructed by the City at a future date. The dedication of the
Transportation Improvement Project Property shall be eligible for transportation impact fee credits
as provided in Section 8 of this Agreement.
b) Transportation Impact Fee Credit Applicability. The transportation impact fee credits
authorized by this Agreement are only applicable to pending Building Permit application 22-671,
22-672, 22-673, 22-674, and 22-675 for the Property(ies) 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) "Adopting Ordinance" means the Ordinance which approves this Agreement, as
required by RCW 36.70B.200 and Chapter 20.26 POMC.
b) "Council" or "City Council" means the duly elected legislative body governing the
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City of Port Orchard.
c) "Development Project" means the development of the Property with approximately
108 units of housing within six buildings, parking for 183 vehicles, landscaping, outdoor amenity
areas, and associated site improvements, as shown in Exhibit B and approved by the City under
Permit PW22-005 and associated with Building Permit No. 22-671, 22-672, 22-673, 22-674, and
22-675.
d) "Director" means the City's Public Works Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
f) "Maximum credit" means the maximum amount of transportation impact fee credits
to be provided by the City to the Owner for the Transportation Improvement Project Property
dedication pursuant this Agreement.
g) "Transportation Improvement Project" means the Transportation Improvement Project
described above which serves both the Property and the greater community which will be
undertaken by the City at a later date.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Property.
b) Exhibit B — Map of the Property and the Development Project and with permits
listed in Section 2 identified.
c) Exhibit C — Transportation Improvement Project Property showing the
approximate location of property to be dedicated by Owner. The final determination
on the exact property to be dedicated shall occur at a later date after final design of the
Transportation Project is complete.
Section 5. 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 "Owner" is a private enterprise which owns the Property in fee, and whose
principal office is located at 7809 Pacific Avenue, Tacoma WA 98408.
Section 6. Term of Agreement; No Vesting to Fees. This Agreement shall commence
upon the Effective Date and shall continue in force for a period of five (5) years unless extended
or terminated as provided herein. Provided, however, that the Owner shall complete the Property
Dedications as set forth in Section 7 below which shall be prior to expiration of this Agreement.
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The requirement to dedicate the Transportation Improvement Project Property shall survive
expiration or termination of this Agreement. This Agreement does not vest the Owner to any fees.
Fees shall be charged in accordance with the fee schedule that is in effect at the time that the
building permits for the apartment complex are issued and all permit fees have been paid.
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 7. Property Dedication Schedule. The Owner will dedicate the Transportation
Improvement Project Property which shown on Exhibit C, as it may be modified follow final
design, to the City in a form acceptable to the City shall be completed within eighteen (18) months
of the effective date of this Agreement. The Owner agrees that the City may withhold issuance of
such Certificate of Occupancy (or any other Certificates of Occupancy for the Development
Project) until such time as the dedications have been completed. If this property dedication is not
exempt from real estate excise tax, then the City shall pay any real estate excise tax so due on this
transfer. This section shall survive termination of the Agreement.
Section 8. Impact Fee Credits for Transportation Improvement Project Property
dedication.
a) Transportation Impact Fee Credit. The maximum amount of the transportation impact
fee credit for the Transportation Improvement Project Property dedication to be made
by Owner under this Agreement shall be limited to the lessor of. the total
Transportation Impact Fees due on the Project (currently calculated as an estimated
$245,245.84), or the value of the Transportation Improvement Project Property
dedication as determined in Section 9, or the City's estimated cost for the portion of
Project 2.04A ($1,740,094) ("Maximum Transportation Impact Fee Credit"). The
credits provided under this Section are limited to this Maximum Transportation Impact
Fee Credit. Once the Maximum Transportation Impact Fee Credit has been achieved
through credits applied to Owner for the Development Project, Owner will be required
to comply with the impact fee provisions of the Code for any further development of
the Property that requires payment of transportation impact fees, including payment of
any transportation impact fees incurred over and above the Maximum Transportation
Impact Fee Credit.
b) Credit Granted. The City hereby grants the Owner a credit against transportation impact
fees for fair market value of the Transportation Improvement Project Property as set
forth in this Agreement and as calculated under the provisions contained Sections 8 and
9. The total estimated transportation impact fee required for the Development Project
is currently estimated as $245,245.84. The Owner shall pay the transportation impact
fees based on the rate schedule in effect at the time payment has been made to the City
for building permits 22-671, 22-672, 22-673, 22-674, and 22-675. Such payment shall
be made as set forth below in subsection "c" prior to issuance of such permits by the
City.
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c) Transportation Impact Fees to be Deposited into Escrow. The Parties agree that the
estimated transportation impact fees due will likely substantially exceed the credit
granted by the City for the dedication of the Transportation Improvement Project
Property. Therefore, the Parties agree that Owner shall establish an escrow account at
a Washington escrow company of its choosing and will deposit therein the full
transportation impact fees due (no credit applied). The escrow agreement for such
deposit(s) shall be in a form acceptable to the City. Such deposit(s) shall be made and
evidence thereof presented to the City prior to issuance of any building permits for the
Property. To the extent additional permits are issued at different times, additional
deposits of the then -due transportation impact fees shall be made with evidence thereof
provided to the City prior to permit issuance. The escrow agreement for holding the
fees shall include the following provisions: (1) no funds shall be released to any Party
until (a) a fair market value for the Transportation Improvement Project Property has
been established in accordance with Section 9 below; (b) the dedication has been
completed by the Owner and accepted by the City; and (c) the City has certified the
total Maximum Transportation Impact Fee Credit due to the Owner and has provided
such certification to the escrow company; (2) the escrow company will release the
certified credit amount to the Owner and release the remaining escrow funds to the
City; (3) any interest that has accrued on the escrow account shall be split and
distributed according to the proportion released to each Party; (4) if the Owner fails to
dedicate the Transportation Improvement Project Property to the City in accordance
with the terms of this Agreement, then the City may request and the escrow company
shall release all funds and interest thereon to the City within 15 days of receipt of the
City's request.
d) Owner shall dedicate the Transportation Improvement Project Property to the City
generally as shown on Exhibit C, but in the final configuration as determined following
the final design of the Transportation Improvement Project by the City. Owner shall
complete such dedications no later than eighteen (18) months after the effective date of
this Agreement or prior to the City's issuance of a Certificate of Occupancy for the
first building permit for the Development Project, whichever time period is shorter.
c) In the event Owner defaults on any requirement under this Agreement, or defaults on
dedicating the Transportation Improvement Project Property, the City's remedies
include obtaining the release of transportation impact fee funds and interest thereon
from escrow and/or holding any outstanding Certificates of Occupancy until such time
the Transportation Improvement Project Property dedication is completed, including
the Parties' agreement on valuation, and any outstanding impact fees are paid in full or
credited.
d) 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 9. Valuation of Property Dedications. The Parties agree to value the
Transportation Improvement Project Property to be dedicated will be set as the fair market value
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as described in this subsection. The Parties shall value the Transportation Improvement Project
Property as follows: The Owner shall 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 the effective date of this
Agreement. The City shall use its best efforts to review the appraisal report and provide a response
to Owner on the valuation within 30 days of receipt. If both the City and the Owner agree that the
appraisal is fair and reasonable, then the appraised value will be accepted as the Property value for
transportation impact fee credit purposes. If the City disagrees with the appraisal, then the City
may hire its own appraiser to perform a second appraisal at the Owner's expense. The date for
valuation purposes shall be the same as used in the Owner's appraisal. The City shall use its best
efforts to obtain an appraisal report within 60 days of notice to the Owner of its disagreement with
Owner's appraisal. If that second City -initiated appraisal is within twenty (20) percent of the value
established by the first Owner -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 20 percent
apart, the Parties have the option of either agreeing to a value or establishing another method to
set the fair market value of the Transportation Improvement Project Property. If the Parties are
unable to agree, then they shall submit the valuation decision to binding arbitration with a mutually
agreeable arbitrator, or if they cannot agree on an arbitrator then the Parties will submit the
valuation dispute to Judicial Dispute Resolution, LLC. Each Party shall pay one half of the costs
of arbitration.
Section 10. Other Impact Fees. The Development Project is subject to the City's impact fee
requirements of POMC Ch. 20.182. Owner shall pay the applicable impact fees for the
Development Project at the rates in effect at the time each fully complete building permit
application is submitted.
Section 11. Ground Floor Elevation Modification. The Development Project is not subject
to the minimum two foot (2') ground floor elevation requirement that is set forth in POMC
20.32.100 as applicable to all "Apartment" building types, regardless of site topography or other
design considerations. The Development Project provides equal or better ground floor privacy for
residents and aesthetic screening than could be provided with strict adherence to the Code,
therefore, the City has agreed that Owner may depart from the requirements of POW 20.32.100
in the following manner: no minimum ground floor elevation shall be applied.
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
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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 13. Termination. This Agreement shall terminate five (5) years after Effective Date.
Upon termination and upon the request of the Owner, the City shall record a notice of such
termination in a form satisfactory to the Parties that the Agreement has been terminated.
Section 14. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26
POMC.
Section 15. Effect upon Termination on Owner. Termination of this Agreement as to the
Owner shall not affect any of the Owner'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 Transportation Improvement
Project costs being fully recovered by impact fee credit or mitigation funds, the Owner will no
longer be eligible to receive such credits.
Section 16. Effects upon Termination on City. Upon any termination of this Agreement as
to the Property, or any portion thereof, the City will be under no obligation to provide any
additional credits or reimbursement to Owner even if the Transportation Improvement Project
costs have not been fully recovered at the time of expiration or termination.
Section 17. Assignment and Assumption. The Owner 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. Owner 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; provided; however, failure to strictly
comply with the 30 calendar day notice provision shall not be considered a breach of this
Agreement.
Section 18. 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 Owner and
every purchaser, assignee or transferee of an interest in the 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 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 the Owner contained in this Agreement, as such duties
and obligations pertain to the portion of the Property sold, assigned, or transferred to it.
Section 19. Amendment to Agreement; Effect of Agreement on Future Actions. No
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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. 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 after the Effective Date of this Agreement.
Section 20. General release. Owner 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
timely dedicate the Transportation Improvement Project Property.
Section 21. Notices. Notices, demands, correspondence to the City and/or Owner (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 33 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
Owner 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 22. Reimbursement for Agreement Expenses of the City. Owner agrees to
reimburse the City for actual expenses incurred over and above fees paid by Owner 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 Owner 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. Upon payment of all expenses,
the Owner may request written acknowledgement of all fees. Such payment of all fees shall be
remitted to the City, at the latest, within thirty (30) days from the City's presentation of a written
statement of charges to the Owner.
Section 23. 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
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
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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 24. 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 25. 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 26. Owner's Compliance. The City's duties under the Agreement are expressly
conditioned upon the Owner'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 Owner's obligations as identified in any approval or project permit for the
property identified in this Agreement.
Section 27. 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,
including but not limited to 42 U.S.C. § 1983, or similar state constitutional provisions.
Section 28. 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 Owner. In such event, Owner 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 Owner 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 29. 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 30. 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.
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
Page 10 of 16
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Section 31. 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 32. 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 33. 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:
NAME OF OWNER:
Blueberry Apartments QOZB, LLC
Attn. Steve Novotny
7809 Pacific Avenue
Tacoma WA 98408
powermystro@gmail.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu@portorchardwa. gov
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 34. 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.
Section 35. 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 Transportation Improvement Project, the property dedications,
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 36. 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.
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
Page 11 of 16
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Section 37. 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 38. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
, 2023.
BLUEBERRY APARTMENTS QOZB, LLC
Steve Novotny
Its:
APPROVED AS TO FORM:
NAME
Attorney for Owner
CITY OF PORT ORCHARD
By:
Robert Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
Brandy Wallace, MMC
Port Orchard City Clerk
EXHIBITS TO AGREEMENT:
Exhibit A — Legal Description of the Property being developed by Owner
Exhibit B — Map of the Property and the Development Project and with permits listed in Section
2 identified
Exhibit C — Transportation Improvement Project Property dedication map
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
Page 12 of 16
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DocuSign Envelope ID: 17D3D4AA-A456-4585-B6E3-91658F605655
NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Robert 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: 12023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
Page 13 of 16
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DocuSign Envelope ID: 17D3D4AA-A456-4585-B6E3-91658F605655
NOTARY BLOCK FOR BLUEBERRY APARTMENTS QOZB, LLC
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Steve Novotny is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
of Blueberry Apartments QOZB, LLC, a Washington limited liability company to be the free
and voluntary act of such Party for the uses and purposes mentioned in the instrument.
Dated: , 2023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
Development Agreement for Funding Transportation Improvements & Right of Way Dedication
Blueberry Apartments
Page 14 of 16
iManage\366922\0047\ 10600329.v3-3/30/23
Parcel Details
Parcel #: 022301-4-043-2007
**NO SITUS ADDRESS **
View: Receipt(s) on file [Click here to Pay by Credit Card - 3rd party fee applies] COUNTER COMPLETE
[Click here to Print] [Click here to Pay by E-Check - Free] Permit Center
2023 WEB TAX STATEMENT
Peter J Boissonneau MAR 08, 2023
MAKE REMITTANCES PAYABLE TO: Printed:03/02/2023
Kitsap County Treasurer City of Port Orchard
PO Box 169 BLUEBERRY APARTMENTS QOZB LLC Community Development
WAGHixGTGx Port Orchard, WA 98366 7809 PACIFIC AVENUE
TACOMA, WA 98408
Account Number —For Informational Purposes Only - GENERAL TAX DISTRIBUTION
Process Number 1040187 2022
022301-4-043-
2007 xpayer Name: 31ArE
rLBGENERALLIEBERRY APARTMENTS QOZB LLC REGIONAL
Tax Property Description LIBRA
I LOCALSCHOOL
02231E COUNTY
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST CITY
QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN PORT
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING FIRE
AT POINT 990 FEET SOUTH OF THE NORTHEAST CORNER OF THE PLO
SOUTHEAST QUARTER OF SAID SECTION 2, THENCE SOUTH 330 FEET; 2022 Total:
THENCE WEST 660 FEET; THENCE NORTH 330 FEET; THENCE EAST 660
FEET TO THE POINT OF BEGINNING; EXCEPT RAMSEY ROAD SE; AND
EXCEPT THAT PORTION LYING WITHIN SHORT SUBDIVISION NO. 2586,
RECORDED UNDERAUDITOR'S FILE NO. 8103110065; AND EXCEPT THAT
PORTION CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE
UNDER AUDITOR'S FILE NO. 200904300075; AND EXCEPT THE EAST 30 FEET
FOR BETHEL ROAD.
VALUE INFORMATION FOR TAX
zozz 202
Land: $112,230 $120,180
Buildings, etc.: $0 $0
TOTALVALUE: $112,230 $120,180
$1,121
2023 1
GENERAL $298.34
NAL
$33.19
tv
SCHOOL $253.28
Y $78.29
$134.73
$23.69
$183.99
$5.37
Total: $1,010.88
Current Taxes
ASSESSMENT 2022
2023
Noxious Weed $2.04
$2.0
smt Total $2.04
$2'
TOTAL TAXABLE VALUE:(Land + Buildings, etc. minus Qualifying Exemptions)
1:2023 General Property Tax +
$112,230 $120,180 lAssessments = $1,012.92
Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $1,012.92
8.4116 First half taxes paid afterApril 30th will
Click here for Levy Information]
incur interest plus penalty computed on the
Voted Rate --25.1 % Voter Approved FULL year amount (RCW 84.56.020).
LU23-Dev Agreement-01
Parcel Location: No address on file
Dot
Parcel Details
Parcel #: 022301-4-012-2004
4330 BETHEL RD SE
PORT ORCHARD, WA 98366
View: Receipts) on file [Click here to Pay by Credit Card - 3rd party fee applies]
[Click here to Print] [Click here to Pay by E-Check - Free]
2023 WEB TAX STATEMENT
Peter J Boissonneau
MAKE REMITTANCES PAYABLE TO: Printed:03/02/2023
Kitsap County Treasurer
PO Box 169 BLUEBERRY APARTMENTS QOZB LLC
W<SHIxGTOa Port Orchard, WA 98366 7809 PACIFIC AVENUE
TACOMA, WA 98408
Account Number —For informational Purposes Only ** GENERAL TAX DISTRIBUTION
Process Number 1039874 2022
022301-4-012-
2004 axpayer Name: STATE GENERAL
BLUEBERRY APARTMENTS QOZB LLC REGIONAL
Tax Property Description LIBRARY
LOCALSCHOOL
02231E COUNTY
LOTA, SHORT SUBDIVISION NO.2586, RECORDED UNDERAUDITOR'S FILE CITY
NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE FORT
SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, FIRE
W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION Put)
CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER 2022 Total:
AUDITOR'S FILE NO. 200904300075
VALUE INFORMATION FOR TAX
2022 2023
Land: $110,010 $117,800
Buildings, etc.: $459,220 $566,180
TOTAL VALUE: $569,230 $683,980
2023
$1,579.74
SWE GENERAL $1,697.92
REGIONAL
$185.21
$188.89
LIBRARY
$1,626.42
LOCAL SCHOOL $1,441.49
$437.11
OUNTY $445.66
$723.60
1TY $766.82
$131.79
PORT $134.80
$973.95
FIRE $1,047.15
$30.00
IUD $30.59
$5,687.82
023 Total: $5,753.32
Current Taxes
SSESSMENT
2022 2023
Noxious Weed
$2.06 $2.06
smt Total
$2.06 $2.06
TOTAL TAXABLE VALUE#and + Buildings, etc. minus Qualifying Exemptions)
2023 General Property Tax +
$569,230 $683,980 lAssessments = $5,755.38
Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $5,755.38
8.4116 First half taxes paid after April 30th will
[Click here for Levy Information] incur interest plus penalty computed on the
Voted Rate --25.1 %Voter Approved FULL year amount (RCW 84.56.020).
Parcel Location: 4330 BETHEL RD SE
Parcel Details
Parcel #: 022301-4-026-2008
4336 BETHEL RD SE
PORT ORCHARD, WA 98366
View: Receipt(s) on file [Click here to Pay by Credit Card - 3rd party fee applies]
[Click here to Print] [Click here to Pay by E-Check - Free]
2023 WEB TAX STATEMENT
Peter J Boissonneau
MAKE REMITTANCES PAYABLE TO: Plinted:03102/2023
Kitsap County Treasurer
PO Box 169 BLUEBERRY APARTMENTS QOZB LLC
W45X1NGTO� Port Orchard, WA 98366 7809 PACIFIC AVENUE
TACOMA, WA 98408
Account Number '• For Informational Purposes Only GENERAL TAX DISTRIBUTION
Process Number 1040013 2022
022301-4-026-
2008 aXpayer Name: STATE GENERAL
[BLUEBERRY APARTMENTS QOZB LLC REGIONAL
Tax Property Description "B"`Y
LOCALSCHOOL
02231E COUNTY
LOT B, SHORT SUBDIVISION NO. 2586, RECORDED UNDERAUDITOR'S FILE CITY
NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE pORT
SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, FIRE
W.M., IN KITSAP COUNTY, WASHINGTON, EXCEPT THAT PORTION PUD
CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER 2022 Total:
AUDITOR'S FILE NO. 200904300075
VALUE INFORMATION FOR TAX
6EF 2022 202
Land: $395,430 $293,190
Buildings, etc.: $20,650 $210,220
TOTAL VALUE: $416,080 $503,410
2023
$1,154.72
3TATE GENERAL $1,249.67
REGIONAL
$135.38
$139.02
LIBRARY
$1,188.83LOCAL
SCHOOL $1,060.94
$319.51
OUNTY $328.00
$528.92
ITY $564.38
$96.33
PORT $99.21
$711.92
FIRE $770.71
$21.93PUD
$22.51
$4,157.54
2023Total: $4,234.44
Current Taxes
ASSESSMENT
2022 2023
Noxious Weed
$2.00 $2.00
smt Total
$2.00 $2.00
TOTAL TAXABLE VALUE:(Land + Buildings, etc. minus Qualifying Exemptions)
2023 General Property Tax +
$4%080 $503,410 lAssessments = $4,236.44
Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $4,236.44
8.4116 First half taxes paid after April 30th will
[Click here for Levy Information]
incur interest plus penalty computed on the
Voted Rate --25.1 %Voter Approved FULL year amount (RCW 84.56.020).
Parcel Location: 4336 BETHEL RD SE
DocuSign Envelope ID: 17D3D4AA-A456-4585-B6E3-91658F605655
GRAPHIC SCALE
0 40 80
1 INCH = 40 FEET (22"x34")
1 INCH = 80 FEET (11'IxIT')
APPLICANT
TREVOR COLBY, PRINCIPAL - KCI COMMERCIAL, INC
P.O. BOX 6979
TACOMA, WA 98417
EMAIL: TREVOR@KCIWA.COM
PHONE OFFICE: (253) 475-4363
PHONE CELL: (253) 226-6911
ENGINEER
JEREMY HAUG, PE
CONTOUR ENGINEERING, LLC.
3309 56TH ST NW, SUITE 106
GIG HARBOR, WA 98335
PHONE: (253) 857-5454
GEOTECHNICAL ENGINEER
GEORESOURCES
4809 PACIFIC HWY E
FIFE, WA 98424
PHONE: (253) 896-1011
LANDSCAPE ARCHITECT
ERIC WILLIAMS
W DSTU DI070 @YA H 00 . CO M
PHONE: (253) 678-4173
SURVEYOR
INFORMED LAND SURVEY
PO BOX 5137
TACOMA, WA 98415
PHONE: (253) 627-2070
ARCHITECT
SYNTHESIS 9, LLC
523 NORTH D. ST.
TACOMA WA. 98403-3215
CONTACT: BRETT LINDSAY
(253)468-4117
WATER & SEWER PROVIDER
WEST SOUND UTILITY DISTRICT
2924 SE LUND AVE
PORT ORCHARD, WA 98366
(360)876-2545
BLUEBERRY APARTMENTS
A PORTION OF SECTION 2, TOWNSHIP 23N, RANGE 01 E, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SITE DATA
TOTAL AREA: 5.04 ACRES
PARCEL NUMBER(S): 022301-4-043-2007, 052301-4-012-2004, 022301-4-026-2008
SITE ADDRESS: 4330 BETHAL RD SE
PORT ORCHARD, WA 98366
ZONING: CMU - COMMERCIAL MIXED USE
SETBACKS: PRIMARY STREET: 0' MIN./10' MAX.
SIDE STREET: 0' MIN./10' MAX.
SIDE INTERIOR: 0' MIN.
REAR: 20' MIN. (IF ABUTTING AN ALLEY, 4' MIN.)
IMPERVIOUS AREA
TOTAL DEVELOPED IMPERVIOUS AREA: 136,507 SF (3.13 AC)
�R1DGE
MAZ p 5'2009
JOPN O1.A
0223
// /I
OUND 3/4-
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C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
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C36
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AG1.1
PAGE
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42
SHEET INDEX
SHEET TITLE
COVER SHEET
ARCHITECTURAL SITE PLAN (BY OTHERS)
HORIZONTAL CONTROL
EXISTING CONDITIONS
DEMOLITION PLAN
TESC PLAN
TESC NOTES & DETAILS
RAMSEY RD SE - PLAN & PROFILE
RAMSEY RD SE - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
BETHEL RD SE - PLAN & PROFILE
BETHEL RD SE - PLAN & PROFILE
OVERALL ONSITE GRADING PLAN
OVERALL ONSITE UTILITIES PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ADA DETAIL GRADING
ADA DETAIL GRADING
ADA DETAIL GRADING
ONSITE STORMWATER PLAN
ONSITE STORMWATER PLAN
ONSITE MC-3500 PROFILE
ONSITE SANITARY SEWER PLAN
ONSITE WATER PLAN
NOTES AND DETAILS
NOTES ADN DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
PROJECT INFORMATION (BY OTHERS)
SITE
VICINITY MAP
NOT TO SCALE
LEGEND
CONTOURS
- - PROPERTY LINE/RIGHT-OF-WAY
RIGHT-OF-WAY DEDICATION
- RIGHT-OF-WAY CENTERLINE
- - - - - - - - EASEMENT
--------------- BUILDING SETBACK
SD STORM DRAIN LINE
S- - - SANITARY SEWER LINE
;� RD ROOF DRAIN LINE
UT COMMON UTILITY TRENCH
OHP OVERHEAD POWER LINE
0 GAS LINE
5635�p I
,/ ; /,
I I _
w WATER LINE
- -
RETAINING WALL
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PROPOSED
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COUNTER COMPLETE
Permit Center
MAR 08, 2023
City of Port Orchard
Community Development
VERIFICATION NOTE
ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE
IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY
CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS
WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER
IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED.
PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING
TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF
THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION
ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY
CONFLICTS ARE IDENTIFIED.
CALL 811 AT LEAST 48
HOURS BEFORE YOU DIG
m
GRAVEL
COUNTER COMPLETE
Permit Center
MAR 08, 2023
City of Port Orchard
Community Development
VERIFICATION NOTE
ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE
IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY
CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS
WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER
IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED.
PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING
TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF
THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION
ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY
CONFLICTS ARE IDENTIFIED.
CALL 811 AT LEAST 48
HOURS BEFORE YOU DIG
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Jeremy Haug
Date: 2023.01.05
15:53:40-08'00'
5 January 2023
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DESIGNER:
M. GOULARTE
ENGINEER:
J. HAUG
DRAWN:
A. KING
S2 T23 N
R01E WM
DATE: 5
January 2023
REVISED: --.--.----
PROJECT: 21-142
DWG NAME:
21-142-C
SHEET
REV.
C1
1 OF 42
LU23-Dev Agreement-01
DocuSign Envelope ID: 17D3D4AA-A456-4585-B6E3-91658F605655
GRAPHIC SCALE
0 40 80
1 INCH = 40 FEET (22"x34")
1 INCH = 80 FEET (11'IxIT')
APPLICANT
TREVOR COLBY, PRINCIPAL - KCI COMMERCIAL, INC
P.O. BOX 6979
TACOMA, WA 98417
EMAIL: TREVOR@KCIWA.COM
PHONE OFFICE: (253) 475-4363
PHONE CELL: (253) 226-6911
ENGINEER
JEREMY HAUG, PE
CONTOUR ENGINEERING, LLC.
3309 56TH ST NW, SUITE 106
GIG HARBOR, WA 98335
PHONE: (253) 857-5454
GEOTECHNICAL ENGINEER
GEORESOURCES
4809 PACIFIC HWY E
FIFE, WA 98424
PHONE: (253) 896-1011
LANDSCAPE ARCHITECT
ERIC WILLIAMS
W DSTU DI070 @YA H 00 . CO M
PHONE: (253) 678-4173
SURVEYOR
INFORMED LAND SURVEY
PO BOX 5137
TACOMA, WA 98415
PHONE: (253) 627-2070
ARCHITECT
SYNTHESIS 9, LLC
523 NORTH D. ST.
TACOMA WA. 98403-3215
CONTACT: BRETT LINDSAY
(253)468-4117
WATER & SEWER PROVIDER
WEST SOUND UTILITY DISTRICT
2924 SE LUND AVE
PORT ORCHARD, WA 98366
(360)876-2545
BLUEBERRY APARTMENTS
A PORTION OF SECTION 2, TOWNSHIP 23N, RANGE 01 E, W.M.,
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SITE DATA
TOTAL AREA: 5.04 ACRES
PARCEL NUMBER(S): 022301-4-043-2007, 052301-4-012-2004, 022301-4-026-2008
SITE ADDRESS: 4330 BETHAL RD SE
PORT ORCHARD, WA 98366
ZONING: CMU - COMMERCIAL MIXED USE
SETBACKS: PRIMARY STREET: 0' MIN./10' MAX.
SIDE STREET: 0' MIN./10' MAX.
SIDE INTERIOR: 0' MIN.
REAR: 20' MIN. (IF ABUTTING AN ALLEY, 4' MIN.)
IMPERVIOUS AREA
TOTAL DEVELOPED IMPERVIOUS AREA: 136,507 SF (3.13 AC)
�R1DGE
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AG1.1
PAGE
1
2
3
4
6
7
8
90
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
SHEET INDEX
SHEET TITLE
COVER SHEET
ARCHITECTURAL SITE PLAN (BY OTHERS)
HORIZONTAL CONTROL
EXISTING CONDITIONS
DEMOLITION PLAN
TESC PLAN
TESC NOTES & DETAILS
RAMSEY RD SE - PLAN & PROFILE
RAMSEY RD SE - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
SE BLUEBERRY RD - PLAN & PROFILE
BETHEL RD SE - PLAN & PROFILE
BETHEL RD SE - PLAN & PROFILE
OVERALL ONSITE GRADING PLAN
OVERALL ONSITE UTILITIES PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ONSITE GRADING PLAN
ADA DETAIL GRADING
ADA DETAIL GRADING
ADA DETAIL GRADING
ONSITE STORMWATER PLAN
ONSITE STORMWATER PLAN
ONSITE MC-3500 PROFILE
ONSITE SANITARY SEWER PLAN
ONSITE WATER PLAN
NOTES AND DETAILS
NOTES ADN DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
NOTES AND DETAILS
PROJECT INFORMATION (BY OTHERS)
SITE
VICINITY MAP
NOT TO SCALE
LEGEND
CONTOURS
- - PROPERTY LINE/RIGHT-OF-WAY
RIGHT-OF-WAY DEDICATION
- RIGHT-OF-WAY CENTERLINE
- - - - - - - - EASEMENT
--------------- BUILDING SETBACK
SD STORM DRAIN LINE
S- - - SANITARY SEWER LINE
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UT COMMON UTILITY TRENCH
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23NR0ER200 F10203 2
022301 FI129M1Y41
02230" 022301—
C
1
PROPOSED
SD-
SS-
RD-
UT-
OHP
G-
W-
CATCHBASIN
N CLEANOUT (SDCO)
WER CLEANOUT (SSCO)
HYDRANT
O!O■■•z4
■
ASPHALT
ONCRETE as
GRAVEL
COUNTER COMPLETE
Permit Center
MAR 08, 2023
City of Port Orchard
Community Development
VERIFICATION NOTE
ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE
IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY
CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS
WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER
IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED.
PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING
TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF
THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION
ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY
CONFLICTS ARE IDENTIFIED.
CALL 811 AT LEAST 48
HOURS BEFORE YOU DIG
m
GRAVEL
COUNTER COMPLETE
Permit Center
MAR 08, 2023
City of Port Orchard
Community Development
VERIFICATION NOTE
ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE
IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY
CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS
WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER
IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED.
PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING
TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF
THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION
ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY
CONFLICTS ARE IDENTIFIED.
CALL 811 AT LEAST 48
HOURS BEFORE YOU DIG
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U
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46
Is
Digitally sii5
cy
�TEiL
Jeremy Haug
Date: 2023.01.05
15:53:40-08'00'
5 January 2023
CO
(0
co
v
m
LO
Ft
bi
o
z
w
=
Q
LU }W
w
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DESIGNER:
M. GOULARTE
ENGINEER:
J. HAUG
DRAWN:
A. KING
S2 T23 N
R01E WM
DATE: 5
January 2023
REVISED: --.--.----
PROJECT: 21-142
DWG NAME:
21-142-C
SHEET
REV.
C1
1 OF 42
LU23-Dev Agreement-01