029-11 - Resolution - Reimbursement to GEM 1, LLC from Impact FeesIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 029-11
Allan J. Martin
Council Finance Committee
Allan J. Martin
Septen1ber 13, 2011
September 13, 2011
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE REIMBURSEMENT TO
GEM 1 LLC FROM IMPACT FEES OF CERTAIN
CONSTRUCTION COSTS AND SETTING FORTH ANNUAL
REIMBURSEMENT PROCEDURES
WHEREAS, the City annexed the McCormick Urban Village effective on or about July
7,2009;and
WHEREAS, in 2005, Kitsap County and GEM 1 LLC (GEM 1) entered into the
McCormick Urban Village Development Agreement for Transportation (Development
Agreement) and the City is successor to the Development Agreement through annexation of the
area; and
WHEREAS, Section 6 of the Development Agreement provides that GEM 1 shall be
reimbursed for certain transportation construction costs it has incurred in an amount equal to
thirty-five percent (35%) of the transportation impact fees collected pursuant to the
Development Agreement; and
WHEREAS, N.L. Olson & Associates, Inc certified on March 3, 2008 construction
costs for the Glenwood Connector Road (McCormick Woods Drive Extension) and the Feigley
Road\ Clifton Road intersection at the actual total combined cost of $2,200,296.37; and
WHEREAS, the City collects transportation impact fees and to the extent funds are
available annually thirty-five percent (35%) of the collections are reimbursable to GEM 1 for the
cost of construction; and
WHEREAS, on June 29, 2011 a request for reimbursement based upon the
Development Agreement, was received from GEM 1 requesting the City to reimburse for certain
projects described in the Agreement; and
WHEREAS, there is a need to memorialize the annual process of reimbursement;
now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Port Orchard authorizes the City
Treasurer, upon confirmation by the City Engineer, to make reimbursements to
GEM 1 for certain transportation construction costs GEM 1 has incurred in an
Resolution No. 029-11
Page 2 of2
amount not to exceed or equal to 35% of the impact fees collected pursuant to
section 6 of the Development Agreement.
Section 2. The City Council directs the future annual reimbursement procedure
authorizing the City Treasurer, upon confirmation of the City Engineer, to
reimburse GEM 1 in an amount not to exceed or equal to 35% of the impact fees
collected pursuant to section 6 of the Development Agreement.
PASSED by the City Council of the City of Port Orchard , SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of Sept