001-15 - Resolution - Amending Development Agreement (083-13) for the SW Sidney Plaza Development to Allow a CreditIntroduced by: Public Works Director
Requested by: City Attorney
Drafted by: City Attorney
Introduced: February 10, 2015
Public Hearing: February 10, 2015
Adopted: February 10, 2015
RESOLUTION NO.001-15
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING A DEVELOPMENT AGREEMENT (CONTRACT C083-13)
FOR THE SOUTHWEST SIDNEY PLAZA DEVELOPMENT, TO ALLOW
A CREDIT TO THE PROPERTY OWNER, IN AN AMOUNT ALLOWED
UNDER CURRENT CODE AGAINST THE SEWER CAPITAL
FACILITIES CHARGE FOR THE PROPERTY OWNER'S COST OF
DESIGN, ENGINEERING AND CONSTRUCTION OF THE POTTERY
SEWER PUMP STATION, WHICH WAS DEDICATED TO THE CITY
FOR OWNERSHIP AND MAINTENANCE, AND AUTHORIZING THE
MAYOR TO SIGN THE AMENDMENT TO THE DEVELOPMENT
AGREEMENT.
WHEREAS, on October 22, 2013, the City entered into a Development Agreement with
property owner The Sinclair, LLC (Contract C083-13) for the mixed -use development known as
Southwest Sidney Plaza; and
WHEREAS, in the original Development Agreement, the property owner agreed to
construct, and after City inspection and approval, to dedicate to the City without cost for
ownership and maintenance, a new sewer force main and Potter Lift Station, to serve the
development; and
WHEREAS, the City and The Sinclair LLC desire to enter into this amendment to the
original Development Agreement to address actual costs for the improvement, and to provide an
accounting of the future credit for the sewer capital facilities charge versus the current
reimbursement amount, all as set forth in the First Amendment to Development Agreement By
and Between the City of Port Orchard and the Sinclair, LLC for the Southwest Sidney Plaza
Development; and
WHEREAS, on February 10, 2015, the City held a public hearing on the First
Amendment to the Development Agreement, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Resolution No. 001-15
Page 2 of 2
THAT: The City Council hereby approves the First Amendment to the Development
Agreement (C083-13) by and between the City of Port Orchard and the Sinclair, LLC for the
Southwest Sidney Plaza Development and authorizes the Mayor to sign the First Amendment.
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 1 Oh day of February, 2015.
Mayor Timothy C. Matthes
ATTEST:
City Clerk, Brandy Rinearson, CMC