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HomeMy WebLinkAbout4693 AN ORDINANCE adopting the Development Agreement between Northwest Corporate Campus and the City of Bremerton (PL99-0073) WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the state of Washington enacted RCW 36.70B. 170 through 36.70B.210 (the "Development Agreement Statute"), which authorizes a local govemment to enter into a development agreement with the owner of real property regarding the development of such property and establishing certain development rights; and WHEREAS, Bremerton has adopted provisions in its development regulations, Bremerton Municipal Code (BMC) §21.02.900, which allow for a Development Agreement consistent with the Development Agreement statute; and WHEREAS, Northwest Corporate Campus (NWCC) owns certain real property consisting of approximately 188 acres located in the City Urban Growth Area, as diagramed in Attachment "A" [Conceptual Site Plan] and more particularly described in Attachment "B" [Legal Description] of the Development Agreement; and WHEREAS, NWCC intends to develop an Industrial Park by providing a range of employment opportunities that would respond to identified and evolving market conditions and the feasible capacity of planned infrastructure systems to support them; and WHEREAS, NWCC has filed a Development Agreement, as provided in Exhibit "A" of this ordinance, with the City of Bremerton and that this Development Agreement has been processed, considered and executed in accordance with those City and State requirements; and WHEREAS, the City of Bremerton Planning Commission conducted a public meeting on November 16, 1999, to review the business terms of the Agreement and recommended to the City Council approval of the Agreement containing those terms as modified by the Commission; and WHEREAS, a Mitigated Determination of Nonsignificance (MDNS) has been issued for the Agreement with 15 mitigating measures; and WHEREAS, the Agreement incorporates the conditions recommended by the Planning Commission and the mitigation measures identified in the MDNS; and WHEREAS, Bremerton has determined that the Project is, a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, eliminate tmcertainty in long-term planning, provide for the orderly development of the Project on a comprehensive basis consistent with the City's current Comprehensive Plan, mitigate significant environmental impacts, provide for all services appropriate for development of the Project, encourage an employment base with diversity of jobs, improve the City's jobs-housing balance, ensure effective utilization of resources within the City at the lowest possible economic cost to its citizens and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; and WHEREAS, this Development Agreement is a proper exercise of the City's police power and contract authority pursuant to RCW 36.70B. 170 and does not relate to a project permit application; and WHEREAS, in exchange for the benefits to Bremerton described in the preceding recital, together with other public benefits that could result from the development of the Project, NWCC will receive by this Agreement assurance that it may proceed with the Project in accordance with Applicable Law, and therefore desires to enter into this Agreement; and WI-IEREAS, the Bremerton City Council, after a duly noticed public heating on December 29, 1999, made appropriate findings, including that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan, RCW 36.70B. 170 and Bremerton Municipal Code Section 21.02.900. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: The Development Agreement between Northwest Corporate Campus and the City of Bremerton incorporated hereto as Exhibit A is hereby approved and Mayor is authorized to sign the Agreement for the City of Bremerton after nonsubstantive changes have been made. SECTION 2: The Development Agreement in Exhibit A is summarized as follows: GENERAL OBLIGATIONS: Contains obligations of City in Consideration of NWCC Entering Into this Agreement obligations of NWCC. DESCRIPTION OF PROJECT: Describes the overall conceptual plan of the project, the initial phasing plan, roads and utilities. PROCESS AND PROCEDURES: Provides procedures and requirements for binding site plans, subdivisions, SEPA review, the development review process and participating in grants, local improvement districts and other outside funding source DEVELOPMENT REQUIREMENTS: This section of the agreement establishes general development requirements and allowed uses for the development area. DEVELOPMENT STANDARDS: Provisions on outdoor storage, wellhead protection easement, minimum lot size, building height, setbacks parcel coverage, residential buffer, stream and slope setbacks, and landscaping. TERM; VESTING; TIME FOR CONSTRUCTION; AND REVIEW: Provisions for the term of the agreement, vesting, time for construction, review, and City's Reserved Authority. MITIGATION MEASURES: Incorporation of the environmental document pr~ared for the agreement. INDUSTRIAL LANDOWNERS ASSOCIATION: Provision for the establishment of an industrial landowners association. GENERAL PROVISIONS: This section establishes miscellaneous provisions on subsequent approvals, governing law, modifications of the agreement, applicability on successors of ownership of the project, recording, interpretation and severability, authority, attachments to the agreement, headings, processing time, integration, disputes, defaults and remedies, estoppel certificate, no third party beneficiary, interpretation of the agreement, notice, cooperation, and delays. ATTACHMENTS: The agreement also includes the following attachments: conceptual site plan, legal description of the property, wellhead protection easement, and the mitigated determination of non- significance issued for the agreement. SECTION 3: The full text of Exhibit A will be mailed upon request to the Department of Community Development. APPROVED by the City Council on the first reading the /~7~z~.) day of January, 2000. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ day of January, 2000. CAROL ARENDS, Council President APPROVED this c-), ~ ~ day of January, 2000 LYNN HORTON, Mayor ATTEST: KATHLEEN MCCLUSKEY, City Clerk' EFFECTIVE DATE: c~- ~ 5~/- OO PUBLISHED: ORDINANCE NO.: Return Address William T. Lynn Gordon, Thomas, Hone3.well, Malanca, Peterson & Daheim, PLLC P.O. Box 1157 Tacoma. WA 98401-1157 Please print or type information. Document Title(s) (or transactions contained therein): 1. Northwest Corporate Campus Development Agreement 2. Grantor(s) (Last name first, then first name and initials) 1.Northwest Corporate Campus, LLC 2. 3. Grantee(s) (Last name first, then first name and initials) 1~ City of Bremerton 2. 3. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) A portion of Sections 32 & 33, T24N, R1E, W.M. and portions of Sections 4 & 5, T23N, R1E, W.M., City of Bremerton, Kitsap County, Washington Legal Description on Page 33 (Attachment "B) of Document. Reference Number(s) of Documents Assigned or Released: Kitsap Count' Auditor No. 3219254 Assessor's Property Tax ParceFAccount Number 042301-1-054-2007,332401-3-012-2008,322401-4-016-2003,322401-4-017-2002,322401- 4-018-2001,052301-1-004-2007,052301-1-023-2004,052301-1-024-2003,052301-1-025- 2002,052301-1-026-2001,322401-4-026-2001,332401-3-013-2007 The Auditor/Recorder will rely on the information provided on this cover sheet. The staffwill not read the document to verify the accuracy, or completeness of the indexing information provided herein. NORTHWEST CORPORATE CAMPUS DEVELOPMENT AGREEMENT TABLE OF CONTENTS RECITALS ...................................................................................... 1 AGREEMENT .................................................................................. 2 1. GENERAL OBLIGATIONS ................................................. 2 1.1 Obligations of City in Consideration of NWCC Entering Into this Agreement .................................................. 2 1.2 Obligations of NWCC ............................................... 2 2. DESCRIPTION OF PROJECT .............................................. 3 2.1 Overall Conceptual Plan ............................................. 3 2.2 Initial Phasing Plan ..................................................3 2.3 Roads ................................................................... 4 2.4 Utilities ................................................................ 5 3. PROCESS AND PROCEDURES ........................................... 8 3.1 Binding Site Plans .................................................... 8 3.2 Subdivisions ........................................................... 8 3.3 SEPA ................................................................... 8 3.4 Development Process .............................................. '.. 9 3.5 Grants, ULID's and RIDS, etc ..................................... 12 4. DEVELOPMENT REQUIREMENTS ..................................... 12 4.1 General Provisions ................................................... 12 4.2 Permitted Uses ........................................................ 13 5. DEVELOPMENT STANDARDS .......................................... 18 5.1 Outdoor Storage: ..................................................... 18 5.2 Wellhead Protection Easement ..................................... 19 i 5.3 Minimum lot size .......' .............................................. 19 5.4 Building Height ....................................................... 19 5.5 Setbacks ............................................................... 19 5.6 Parcel Coverage ...................................................... 19 5.7 Residential Buffer, Stream and Slope Setbacks ..................19 5.8 Landscaping ........................................................... 20 6 TEK.M; VESTING; TIME FOR CONSTRUCTION; AND REVIEW ....................................................................... 21 6. i Term ................................................................... 21 6.2 Vesting ................................................................. 21 6.3 Time for Construction ............................................... 22 6.4 Review ................................................................. 22 6.5 City's Reserved Authority .......................................... 22 7. MITIGATION MEASURES ................................................ 22 8. INDUSTRIAL LANDOWNERS ASSOCIATION ....................... 23 9. GENERAL PROVISIONS ................................................... 23 9.1 Subsequent Approvals ............................................... 23 9.2 Governing Law ........................................................ 23 9.3 Modification .......................................................... 24 9.4 Binding on Successors; Assignment ................................ 24 9.5 Recording .............................................................. 24 9.6 Interpretation; Severability ........................................... 25 9.7 Authority ............................................................... 25 9.8 Attachments ........................................................... 25 ii 9.9 Headings ............................................................... 25 9.10 Time is of the Essence ............................................... 25 9.11 Integration ............................................................. 26 9.12 Disputes; Default and Remedies .................................... 26 9.13 Estoppel Certificate ..................................................27 9.14 No Third Party Beneficiary .......................................... 27 9.15 Interpretation .......................................................... 27 9.16 Notice .................................................................. 27 9.17 Cooperation ...........................................................28 9.18 Delays .................................................................. 28 LIST OF ATTACHMENTS .................................................................. 1 Attachment "A" - Conceptual Site Plan Attachment "B" - Legal Description Attachment "C" - Wellhead Protection Area Easement Attachment "D" - Mitigated Determination of Non-Significance (MDNS) .oo 111 NORTHWEST CORPORATE CAMPUS DEVELOPMENT AGREEMENT This Development Agreement is entered into by and between the CITY OF BREMERTON, a political subdivision of the state of Washington (hereinafter "Bremerton"), and NORTHWEST CORPORATE CAMPUS, LLC, a Washington limited liability corporation ("NWCC"). RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the state of Washington enacted RCW 36.70B.170 through 36.70B.210 (the "Development Agreement Statute"), which authorizes a local government to enter into a Development Agreement with the owner of real property regarding the development of such property and establishing certain development rights. B. Bremerton has adopted provisions in its development regulations, Bremerton Municipal Code (BMC) §21.02.900, which allow for a Development Agreement consistent with the Development Agreement statute. This Development Agreement has been processed, considered and executed in accordance with those City and State requirements. C. NWCC owns certain real property consisting of approximately 188 acres located in the City Urban Growth Area, as diagrammed in Attachment "A" [Conceptual Site Plan] and more particularly described in Attachment "B" [Legal Description] (the "Project Site"). D. NWCC intends to develop an Industrial Park (the "Project") by providing a range of employment opportunities that would respond to identified and evolving market conditions and the feasible capacity of planned infrastructure systems to support them. E. Bremerton has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, eliminate uncertainty in long-term planning, provide for the orderly development of the Project on a comprehensive basis consistent with the City's current Comprehensive Plan, mitigate environmental impacts, provide for all services appropriate for development of the Project, encourage an employment base with diversity of jobs, improve the City's jobs-housing balance, ensure effective utilization of resources within the City at the Northwest Corporate Campus Development Agreement, Dec. 29, t999 ii041017 v12j 1 lowest possible economic cost to its citizens and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. F. In exchange for the benefits to Bremerton described in the preceding recital, together with other public benefits that could result from the development of the Project, NWCC will receive by this Agreement assurance that it may proceed with the Project in accordance with Applicable Law, and therefore desires to enter into this Agreement. G. NWCC has applied for land use approvals relating to the development of the Project, in accordance with BMC {}21.02.900. H. Concurrent with the approval of this Agreement, the Bremerton City Council, after a duly noticed public hearing, made appropriate findings, including that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan. I. Applications for subsequent land use approvals, entitlements, and permits necessary or desirable for the development of the Project will be made by NWCC. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows: 1. GENERAL OBLIGATIONS 1.1 Obligations of City in Consideration of NWCC Entering Into this Agreement The City agrees that it shall comply with the terms of this Agreement and any Subsequent Approvals and shall consider for approval, and cooperate with' processing and reviewing, all applications for Subsequent Approvals as provided in this Agreement. 1.2 Obligations of NWCC NWCC agrees that it shall comply with the Development Agreement, and the terms of Subsequent Approvals, including, without limitation, those conditions relating to the provision of traffic, sanitary sewer, water, stormwater, and other infrastructure serving the capital Project. Northwest Corporate Campus Development Agreement, Dec. 29. 1999 [1041017 v12] -'~- 2. DESCRIPTION OF PROJECT 2.1 Overall Conceptual Plan NWCC proposes land uses intended to provide for a range of employment opportunities The proposed Overall Conceptual Plan (Attachment "A") is intended to respond to the site's unique natural setting. The Overall Conceptual Plan and specifically the amount, pattern and intensity of proposed development within individual parcels represent a blueprint for future development based on the applicant's current understanding of market conditions. The Plan is not intended to fix precise building patterns, areas of use by square footage, exact or final locations and dimensions of roads or utilities, open space and trail corridors. The Plan is intended to be flexible, forming the broad concept against which each specific application for development will be measured. Actual amounts, patterns and intensities of development within the Project may' vary in response to market conditions as long as they are consistent with the overall NWCC concept and the provisions of this Development Agreement. 2.2 Initial Phasing Plan The initial phasing plan for the project is set forth below. This is a conceptual phasing plan which is subject to modification as set forth below. Phase 1: Phase 1 will consist of 13 parcels identified as Parcels 1 through 13. This will include the extension of the access road from S.W. Clifton Road and the improvement of Campus Parkway and utilities to the approximate terminus at Parcel 13. Phase 2' Phase 2 will consist of Parcels 14-29 and the improvement of Campus Parkway and utilities to approximate terminus at Parcel 24. Phase 3' Phase 3 will consist of Parcels 30 through 43. This phase would require the crossing of No Name Creek with Campus lane to reach the westerly portion of the site. The location of Campus Lane and the crossing of No Name Creek are preliminary and may be adjusted as more detail and analysis of characteristics are provided. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12} -3- Phase 4: Phase 4 will consist of Parcels 44 through 53. This phase will also include the extension of Campus Parkway and utilities from their former terminus in Phase 2 to the east side of No Name Creek. Phase 5: Phase 5 will include Parcels 54 through 56. This phase will also include the crossing of No Name Creek by Campus Parkway and a possible connection to State Highway 16. Phases 3 through 5 will require the filing of applications to the City of Bremerton for site specific development, including amendments to this Development Agreement. Specific drainage, hydrologic, geotechnical, and traffic analysis will be required. In addition, construction drawings for roadway and storm drainage, including outfalls and other physical improvements regulated by the City of Bremerton shall be submitted to the City. Approval by other jurisdictions may also be required. 2.3 Roads Preliminary on and off-site road improvements, right-of-way widths, lane configurations and non-motorized facilities have been identified in the in the "Traffic Impact Analysis for Northwest Corporate Campus Development" report dated September, 1999, prepared by Gibson Traffic Consultants. Supplemental traffic analysis as provided in Section 3.4.2.v, is required to determine on-site vehicle lanes, pedestrian and bicycle facilities and right-of-way configurations in the interim and ultimate project phases, and may also be required for determining off-site improvements (in coordination with the County and State) for off-site improvements. Upon acceptance of the supplemental analysis by the City, the City and NWCC shall reach agreement on the scope .and timing of road improvements. The agreement shall be incorporated into the Phasing Plan. Monitoring of traffic threshold shall be implemented to verify that level of service standards are not exceeded. On-site improvements shall be consistent with Bremerton Roadway Standards and shall include st. reet lighting, landscaping and on-street bicycle lanes. Road improvements, including street lighting, shall be dedicated to the City upon acceptance by the City. Off-site roadway improvements shall be developed and constructed to the standards of Kitsap County or the State as appropriate and approved by the City of Bremerton. Shared private street (pipe stem roadways) to the parcels will be allowed on road tracts with a minimum width of 40 feet. The paved section of the roadway shall be a Northwest Corporate Campus Development Agreement, Dec. 29, 1999 11041017 v12] -4- minimum of thirty feet in width with a five-foot asphalt walkway on one side. A maintenance agreement is required for any private streets. There is an easement for the emergency access to McCary Road/Feigley Road to the west. This easement will be developed as part of Phase 3. It will be built with a 20- foot pavement with asphalt curbing on the north side. The plans will be approved by Kitsap County, but the roadway will remain in private ownership with the maintenance provided by the Industrial Park Association. The roadway will be gated at the parcel line with a breakaway gate. The emergency access would be continued across Parcel 37 to Campus Lane with a paved road. This portion of the road would be relocated when the parcel is developed by being incorporated into the Parcel 37 development plan. 2.4 Utilities 2.4.1 Sanitary Sewer All development shall be served by public sanitary sewer with the exception of temporary septic system as specified in this section. NWCC will design and construct the sanitary sewer system improvements to the standards of the entity that will accept the system for maintenance. A gravity collection main is envisioned along the easterly boundary of Phase 1 and Phase 2, terminating approximately at the location of Parcel 24. A lift station (A) will be located in the area of Parcels 23 and 24, or adjacent Parcel 26 on the west side of Campus Parkway. A force main would then be located in Campus Parkway, which will extend southerly on Campus Parkway to S.W. Clifton Road and into the existing City of Port Orchard system. The on-site system will be designed to the City of Port Orchard standards and will be discharged and treated by the City of Port Orchard. This system will be built by NWCC and be deeded to the City of Port Orchard as soon as the construction is completed and accepted by the City of Port Orchard. The mains along the easterly boundary may be constructed in sections and additional laterals may also be constructed to serve all parcels provided they meet the City of Port Orchard standards. An additional forcemain will be installed as Phase 4 is developed with a temporary or permanent lift station (B) located at the .west end of Parcel 53 pumping southerly to lift station (A). A gravity main will be installed in Campus Parkway for Parcels 23 to 29 flowing to the lift station (A) for Phases 1 and 2 and another gravity main for Phase 4 to the lift station (B). The sanitary sewer system for Phase 3 will have three options for the design. Option 1 would be to have a portion of Phase 3 to flow by gravity to Phase 1 and 2 and the remainder by gravity to the north. Option 2 is to install a gravity system to flow northward to a lift station (C) located in the area of Parcel 30 or 31 and to pump back to the forcemain in Campus Parkway. Option 3 is to flow by gravity to the north into Phase 5 and be pumped by lift station (D) located at SR-16 to lift station (A). Phase 5 will be Northwest Corporate Campus Development Agreement, Dec 29, 1999 11041017 v12] -5- served by the City of Port Orchard with a gravity sewer in Campus Parkway flowing to lift station (D), pumping to lift station (A). If the STEP sanitary sewer system is developed by Kitsap CoUnty to serve the Gorst area along SR-16 before or during the time Phase 5 is developed, this phase could be served by that system which would allow the sewage to be conveyed by Kitsap County for treatment at the City of Bremerton wastewater treatment plant. The entire sanitary sewer system will be a publicly maintained system (City of Port Orchard). The only exception would be Phase 5 which would be publicly maintained by Kitsap County if the STEP system is constructed. If the City of Port Orchard is unable to treat the additional sewage from this project as it develops, the City of Bremerton has agreed to and will provide the treatment for the remainder of the project. Provided, however, that if the City provides long-term sewer service to any part of the Project, then it would disconnect the Port Orchard sewer service and connect the entire NWCC sewer system to the City of Bremerton sewer system. The method of transporting the sewage to the City of Bremerton's facilities will be negotiated at that time if it is needed. Ail fees for the connection to the City of Port Orchard will be collected by the City of Port Orchard, including the monthly service fees. The City of Port Orchard may require pretreatment for the industries developing in this project. Potential purchasers of parcels who wish to develop prior to the extension of the full sewer system into the site may apply for temporary on-site systems in conformance with the Bremerton - Kitsap County Health District requirements provided they are a small water user and can accommodate sewer demands on site (Phase I only). An additional study will be completed during the design phase. This study will require coordination between the utility purveyors involved and will define the future purveyor and method of service for all phases of development. Connections to a public sewer system are required upon sewer availability at the parcel. 2.4.2 Water Ail development shall be served by a public water system. NWCC will design and construct water distribution system improvements to the standards of the City of Bremerton. NWCC and the City of Bremerton are negotiating with Port Orchard to provide interim water service from the existing Port Orchard water system in Clifton Road SW. This interim connection will last not longer than three years, when the City of Bremerton establishes the West 540 Water Service Zone that will serve this area. The NWCC will be assessed a zone development fee above and beyond the normal and customary fees, assessments and dedications for construction of the water distribution Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [104-1017 v12] -6- system required by the City of Bremerton. NWCC agrees to provide, at no cost to the City, easements for construction of the transmission main through the Project area. 2.4.3 Storm Drainage The storm drainage system improvements proposed in the Conceptual Storm Drainage Report shall be planned and designed in accordance with City standards and the most current Washington State Department of Ecology (DOE) stormwater manual. A storm sewer main is envisioned to be extended along the easterly property line of Phases 1 and 2 and terminate in a storm basin located along the west side of Campus Parkway in the approximate area of Tract A. There will also be a storm collection system developed in Campus Parkway. The storm basin in Tract A will be sized to also detain the stormwater from the Campus Parkway from Phases 1 and 2. With the extension of Campus Parkway and Phase 4, additional basins will be required in Tracts C and E to treat the stormwater from these improvements. Stormwater from Phase 3 and Campus Lane will be treated in Tracts E and A. A smaller storm pond may be required in Tract 30 and 31. Phase 5 may require the on-site storm facilities for some of its stormwater treatment. The discharges of the storm facilities return the storm water to the drainage basins of the natural discharge as much as possible. The off-site Campus Parkway will have its own storm pond facilities. The storm drainage plans for the on-site development will be submitted to the City of Bremerton for approval, constructed by NWCC, inspected by the City, and the storm drainage facilities installed in the public roadway will be deeded to the City of Bremerton for maintenance. The other mains will be under private ownership and maintenance of the Industrial Park Association. The off-site portion of Campus Parkway will be under the jurisdiction of Kitsap County, and subject to County's standards and the facilities in the right-of-way of Campus Parkway will be deeded to the County. The Conceptual Storm D.rainage Report describes the treatment for the stormwater. Some stormwater from the parking areas may be treated on site at each parcel. The stormwater detention and treatment facilities will be privately maintained. Fees and assessments shall be charged in accordance with the BMC, and NWCC is entitled to receive credits allowed under the stormwater ordinance. All monies needed for the detention and treatment facilities will be the responsibility of the Industrial Park Association. These will be collected by provisions in the CC and R's for the project. Prior to Construction of Phases 1 and 2, Final Engineered Storm Drainage and Road plans shall include the following stormwater elements addressing the entire Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12~ -7- project, and in greater detail Phases 1 and 2. The plan shall address all on-site improvements and off-site stormwater improvements to Campus Parkway. All storm systems shall meet the requirements of the Washington State Department of Ecology Storm Manual. Further, additional geologic, hydrologic and water quality studies, as identified in Section 3.4.2.i, ii and iii, are required to evaluate the stormwater impacts on Anderson and No Name creeks. 2.4.4 Other Utilities The natural gas system, telephone system including fiber-optics, electrical power system and cable TV systems will be extended from S.W. Clifton Road to the site during the development of the Campus Parkway and be continued through the site as the phases develop. The cost of these improvements will be borne by NWCC. The systems will be installed by the utility companies with NWCC aid where allowed, and be owned and maintained by the utility companies. 3. PROCESS AND PROCEDURES 3.1 Binding Site Plans This Development Agreement, approved by ordinance, constitutes the approval of the binding site plan for NWCC in accordance with RCW 58.17.020(7) and RCW 58.17.040(4). The conceptual site plan attached as Attachment "A" is the binding site plan for the Property and development shall be in accordance with that plan as set forth in this Development Agreement. The Binding Site Plan depicts 56 parcels of sizes ranging from 1 to 7 acres in size. This parcel layout is intended to be flexible. The parties agree that the plan may be amended administratively with the approval of the Director of Community Development, to combine or split the parcels or to adjust the boundaries of any parcels to accommodate the needs of particular uses or classes of users. The function of the Director in reviewing such amendments shall simply be to determine whether each parcel credited has adequate access and utility service. 3.2 Subdivisions Pray property within NWCC may 1se also divided through the review of a preliminary plat and recordation of a final plat or short plat. 3.3 SEPA 3.3.1 Phases 1 and 2 As set forth in this paragraph, Environmental Review is complete for Phases 1 and 2. The NWCC Environmental Checklist with accompanying reports and studies analyzed development of Phases 1 and 2 at the project specific level. Bremerton and NWCC intend Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017v12] -8- that this document satisfies SEPA requirements for implementing approvals and permits for all other anticipated actions. Additional performance standards as identified in the Wellhead Protection Area Easement discussed below will apply. The procedural requirements of Paragraph 1.A 1 of the Easement have been satisfied as to Phases 1 and 2. The Phase 1 and 2 NWCC proposal and impacts analyzed in the checklist include build-out of uses at the maximum allowable intensities pursuant to the development standards and mitigation measures approved in the Development Agreement. The "proposed action" described in the checklist is intended to include a series of permits and approvals which would issue over a period of time in a manner required to implement the overall project. If a permit or approval falls within the scope of the proposed action, and there are no additional probable significant adverse environmental impacts as determined by the Environmental Official in accordance with WAC 197-11-600, no threshold determination is required and the existing environmental documents shall be used to meet the requirements of SEPA. This includes, but is not limited to, amendments of the binding site plan, building permits, site development permits, forest practices permits, wetland approvals, subdivisions, new binding site plans, administrative use permits, special use permits and minor modifications to the Development Agreement. 3.3.2 Phases 3, 4, and 5 Project Approval Project Approval for Phases 3, 4, and 5 is conceptual. Environmental review for Phases 3, 4 and 5 Project Approval is programatic, nonproject level review. Pursuant to RCW 43.21 C.034 and WAC 197-11-600, the parties anticipate that environmental review of Subsequent Approvals that implement Phases 3, 4 and 5 shall incorporate information from the checklist and from previous studies, but shall require a new threshold determination consistent with state and local SEPA regulations. No new mitigation shall be imposed as to impacts which have already been controlled or sufficiently mitigated under the SEPA process conducted in connection with this Development Agreement. 3.4 Development Process The following is the sequential process to allow development for Phases 1 and 2 of the project: 1. Approval of the Development Agreement by the City of Bremerton and NWCC, 2. NWCC shall complete the additional studies, programs and construction plans described below for City review and approval. NWCC shall coordinate and establish the scope of work in the studies and programs with the City prior to commencing the work. The work shall be completed in accordance with the approved scope, and the consultant shall coordinate and cooperate with the City throughout the development of required information. These studies, programs and construction Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [104~017 v121 -9- plans shall be approved by the City prior to any physical modification of the site, unless: the modification is approved by the Community Development Director; and the modification does not adversely affect the purpose and intent of the studies, programs and plans. The City shall coordinate review with the Suquamish Tribe for all geologic, hydrologic and water quality studies and cultural resource survey for the site and the monitoring program for Anderson and No Name creeks. The City shall coordinate review of the additional traffic analysis with Kitsap County and the State of Washington. The following is the list of studies, programs and construction plans: i. Detailed geologic studies for the roadways, utilities, stormwater system and general site specific development to the Public Works Department for review and approval; ii. Hydrologic study to address surface and groundwater flows from the site to Anderson and No Name creeks and the proposed stormwater system to be submitted to the Public Works Department for review and approval; iii. Water quality monitoring and contingency plan prepared by a professional acceptable to the City to establish baseline conditions prior to construction, measure conditions during and after construction, identify contingency actions, and specify thresholds for contingency actions. Said plan shall be submitted to the Community Development Department for review and approval; iv. A cultural resource survey program shall be prepared and conducted by a qualified professional acceptable to the Community Development Department and the Suquamish Tribe for review and approval; v. Additional traffic study analyzing and refining previous on and off-site traffic study submitted to the Public Works Department for review and approval; vi. Construction plans and supporting reports for roadway, utility and stormwater improvements submitted to the City Public Works Department for review and approval; and Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [10,41017 v121 - 10- vii. Construction plans for off-site improvements shall be submitted to Kitsap County, or, where appropriate, by the State, for review and approval. 3. Upon completion of the construction plans, NWCC shall file a phased improvement plan indicating, where applicable, how roadway, utilities and stormwater facilities will be incrementally developed. The phasing plan shall be submitted to the Public Works Department for review and approval. 4. Upon completion of the construction plans, NWCC shall file with the Community Development Department a Binding Site Plan to replace Attachment "A" of the agreement. 5. Upon completion of the construction and phasing plans, NWCC shall either bond or construct the improvements in accordance with the requirements of the Public Works Department. 6. Upon bonding or constructing the improvements, applicants for a proposed use requiring a Special Use Permit shall file applications with the Community Development Department. 7. Upon bonding or constructing the improvements and, if applicable, approval of a Special Use Permit, applicants for individual development may file applications for building permit and site plan review with the Community Development Department. All building permit and site plan review shall include all informational requirements as specified in the BMC and the following additional documents and information: i. Demonstration that the proposed specific development will be served by all needed public services including sewer (unless a temporary on-site disposal system), stormwater, water, and access; and ii. Submittal of a record of survey depicting the parcel for the proposed use, in electronic format and prepared on a mylar and meeting the informational requirements of City Ordinance 3200. The record of survey shall be accompanied by an additional map depicting the location of the proposed parcel as it relates to the Binding Site Plan identified in subsection 4 above. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -11- 8. Upon approval of the site plan review, the applicant shall record the record of survey, which shall be the legal document creating the subject parcel. 9. Upon approval of the building permit application, the Community Development Department shall issue a building permit. 10. Upon issuance of the building permit, the applicant shall install any required improvements for the specified development application which have not yet been installed. 11. Upon completion of improvements to the satisfaction of the Public Works Department and compliance with all City required inspections, the Community Development Department shall issue occupancy permit for the structure. 12. Where there is a proposed change of use within an existing structure, the applicant for the proposed use shall review the use with the Community Development Department prior to occupancy of the new use within the structure. The purpose of the review is to determine the applicability and, if appropriate, compliance with the requirements of the "Wellhead Protection Easement" as identified in Attachment "C', and to determine if a Special Use Permit is required. Further, the applicant shall obtain a Business License from the City's Administrative Services Department prior to occupancy. Failure to obtain a Business License by an applicant other than the parties of this Agreement shall not invalidate the terms of this Agreement. 3.5 Grants, ULID's and RIDS, etc. The City and NWCC will cooperate and utilize their best efforts to aid and facilitate the arrangement of mutually beneficial financial mechanisms for the City, NWCC and subsequent users of the Property. Such types of support might include, but not be limited to, the pursuit of revenue bonds, improvement districts, grants and other subsidies. 4. DEVELOPMENT REQLrIREMENTS 4.1 General Provisions A. The provisions of the Bremerton Municipal Code and other applicable ordinances and requirements adopted by the City of Bremerton shall apply unless modified by this agreement. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v121 -12- B. The provisions of this agreement do not reduce or affect the obligation of parties subject to the terms of' th/s agreement to comply with all applicable state and/or federal laws and regulations. C. This agreement is intended to provide an area for a mix of office, wholesale, trade and distribution, bulk retailing, and light manufacturing in a low-density, campus-like environment. Development shall be designed to minimize adverse effects on adjacent areas and to present an attractive well-landscaped appearance. Businesses should require little or no outdoor storage of products, materials or equipment, and operations should, for the most part, be contained within structures. 4.2 Permitted Uses A. Eating establishments, convenience grocery stores, cafes and gas stations operating primarily for the convenience of employees, clients and customers of the park; providing the following criteria is met: 1. Maximum floor area is 3,000 square feet per use; 2. No more than two pump islands for each gas station; 3. Gas stations are not located in the "Enhanced Protection Area" as defined in Attachment "C". B. Museum C. Public uses such as parks, fire and police stations D. Public utilities and stormwater water facilities required to serve the industrial park E. Day Care serving 12 or less persons. F. Retail sales of stationary, paper products, office supplies, cameras and photographic stores with any attendant service, and optical goods with any attendant services. G. Retail sales including electronic shopping and mail-order houses and vending machine operators. H. Financial and real estate services including banks, credit intermediation and related activities, security, commodity and like activities, insurance carders Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -13- and related activities, funds, trusts and other financial services, and real estate services. I. Laundry. and dry cleaning services unless located in the "Enhanced Protection Area" as defined in Attachment "C". J. Repair and maintenance services including electronic and precision equipment, commercial and industrial machinery, appliance, reupholstery and furniture, and other personal and household goods excluding motorcycle and boat repair and maintenance. K. Repair of small non-automotive engines, etc. unless located in the "Enhanced Protection Area" as defined in Attachment "C". L. Professional, scientific and technical services including legal services, accounting, tax preparation, bookkeeping and payroll, architectural, engineering and related services, specialized design services, computer systems design and related services, management and scientific consulting services, research and development in social sciences and humanities, advertising and related services, marketing research and public opinion polling, photographic services and studios, commercial photography, translation and interpretation services and other professional, scientific and technical services (excluding testing laboratories, veterinary services and research and development in physical, engineering and life sciences- see M. below). M. Testing laboratories and research and development in physical, engineering and life sciences unless located in the "Enhanced Protection Area" as defined in Attachment "C". N. Management of companies and enterprises. O. Administrative and support services including office administrative services, call centers, facilities support services (excluding laundry services), employment services, business support services, travel arrangement and reservation services, investigation and security services, security systems services, janitorial, and other support services. P. Offices for waste management and remediation services. Q. Educational services including business and computer schools and management training, technical and trade schools, educational support services, and other private sector schools and instruction. Northwest Cor0orate Campus Development Agreement, Dec. 29, 1999 [1041017 v121 -14- R. Automobile, motorcycle, truck, trailer, RV and bicycle rentals unless located in the "Enhanced Protection Area" as defined in Attachment "C". S Boat and motorcycle dealers unless located in the "Enhanced Protection Area" as defined in Attachment "C". T Automotive parts, accessories and tire stores excluding automotive repair. U Truck transportation including general freight trucking, specialized freight trucking packing and crating service, freight transportation arrangement and courier and messenger service. V General and refrigerated warehousing and storage. W. Retail sales and service of heating, plumbing and air conditioning, interior dficor such as carpet and drapes, and other building material dealers including electrical supplies and glass. Converted paper products manufacturing unless located in the "Enhanced Protection Area" as defined in Attachment "C". Y. Manufacturing or assembly of engineered wood members and trusses, millwork, wood container and pallets, other wood manufacturing. Uses are permitted unless located in the "Enhanced Protection Area" as defined in Attachment "C". Z. Electrical equipment and products manufacturing or assembly including electric lighting equipment, household appliances, electrical equipment, communication and energy wire and cable, wiring devices, carbon and graphite, and other miscellaneous electrical equipment as defined in NAICS category 335999. AA. Computer and electronics manufacturing or assembly including computer and peripheral equipment, communications equipment, audio and video equipment, navigation, measuring, medical and control instruments, and magnetic and optical equipment and reproduction. BB. Wholesaling of durable and nondurable goods excluding nursery and garden supplies and farm product raw material. CC Printing and related support activities. DD. Information activities including publishing, motion picture and video production and distribution, postproduction and other movie and video NorthwesI Corporate Campus Development Agreement, Dec. 29, 1999 11041017 v121 -15- industries (NAICS 512199), sound recording industries, and information and data processing ser¥ices. EE. Apparel manufacturing or assembly and textile product mills. FF Recycling collection station unless located in the "Enhanced Protection Area" as defined in Attachment "C". GG Telecommunication antenna located on an existing tower or building. HH. General Offices. II. Medical Offices. 4.3 Accessory Uses A. Day Care to a principally permitted use. B. Employee recreation facilities and play areas to a principally permitted use. C. Temporary buildings for construction purposes for a period not to exceed the duration of such construction D. Testing and experimentation in connection with a principally permitted use provided the activity is not located in the "Enhanced Protection Area" as defined in Attachment "C". E. Retail sales of merchandise manufactured, assembled or stored on the site. F. Other accessory uses and buildings customarily appurtenant to a principally permitted use. 4,4 Special Uses: The following uses may be allowed provided that the provisions of BMC 21.02.905 - Special Use Permit are met: A. Those permitted and accessory uses located in the "Enhanced Protection Area" as defined in Attachment "C". (For example, laundry and dry cleaning services are allowed in the "Enchanced Protection Area" only with a Special Use Permit. B. Day care facilities involving 13 or more - all ages. C. Dance hall or multi-purpose hall. D. Clubhouse, fraternal lodge or similar use. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -16- E. Information activities including radio and television broadcasting, and telecommunications establishments. F. Indoor athletic/recreation facility, tennis or swim club, weight control and aerobics, and tanning salon G. Art Gallery, H. Communication towers and antennas not on existing buildings or towers. I. Furniture, home furnishing, electronics and appliance stores excluding camera and photographic supplies. J. Motorcycle, boat and bicycle service. K. Automotive and marine painting and detail. Commuter parking lot. M. Wholesale nursery and garden supplies. Transportation equipment manufacturing or assembly including motor vehicles, motor vehicle body and trailers, motor vehicle parts, aerospace products and parts, ship building and repairing, and motorcycle, bicycle and parts. 0. Pharmaceutical preparation and medicinal and botanical manufacturing. P. Manufacture or assembly of semiconductor and other electronic components. Q. Machinery and metal products manufacturing including cutlery and handtools, architectural and structural metals, boiler, tank and shipping container, hardware, spring and wire, machine shops, turned products, screw, nut and bolts, other fabricated metal products, agricultural, construction and mining equipment, industrial mach~inery, commercial and service machinery, HVAC and commercial refrigeration manufacturing, metalworking machinery, engine, turbine and power equipment, and other general purpose machinery. R Utilities: plant, storage, etc. S. Hotels. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -1'7- 4.5 Prohibited Uses: ,&Il other uses are prohibited including but not limited to mineral extraction, and those uses identified in the Well Head Protection Easement not otherwise identified as a permitted, accessory or specially permitted use above. 4.6 Interpretation The provisions of the IP-Industrial Park zoning classification shall be liberally construed to implement the vision of a jobs-producing industrial park development on the Property. Because the zoning code definitions are not very detailed, the following land use definitions have been used to draft this Development Agreement, and will be used in the future to help define allowed uses in the Project. The intention of this Development Agreement is that the uses which are within industrial classifications under these definitions will be permitted unless specifically excluded under the provisions set forth above. "SIC" Group and Industry Numbers. These refer to specific group and industry categories established in the Standard Industrial Classification Manual (US Bureau of the Budget, Washington, US Government Printing Office, 1987). "NAICS" Group and Industry Numbers. These refer to specific group and industry categories established in the North American Industry Classification System (Executive Office of the President, Office of Management and Budget, 1997). The Director of Community Development shall be responsible to interpret the use provisions of this Development Agreement, and any decision regarding interpretation shall be appealable under the provisions set forth in the Bremerton Zoning Code. 5. DEVELOPMENT STANDARDS The following additional development standards shall apply to this Project. In the event of any conflict between these provisions and otherwise applicable codes, these provisions shall prevail. 5.1 Outdoor Storage: No outdoor storage of equipment or materials is allowed unless approved by the Community Development Director through the Site Plan Review process of BMC 21.02.930. 1. Unless modified through the issuance of a Special Exemption, no outdoor storage shall exceed five (5) percent of the gross lot area where the storage is to be located. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v121 -18- 2. All outdoor storage areas shall be screened with a solid wall or sight obscuring fence with a minimum five (5) foot wide landscape area. 5.2 Wellhead Protection Easement Where applicable, all uses and activities shall conform with the requirements of Attachment "C", "Wellhead Protection Easement." 5.3 Minimum lot size Minimum lot size shall be adequate to comply with all setback requirements. 5.4 Building Height A maximum height of 60 feet will be allowed if an additional setback of 1 foot for each additional foot over 40 feet is provided. The setbacks will be measured from parcel lines. 5.5 Setbacks 5.4.1 Front yard setbacks shall be 20 feet from front parcel line for parcels along Campus Parkway and Campus Lane. Setbacks for other parcels will be 20 feet from the pipe stem parcel line or from parcel line paralleling Campus Parkway or Campus Lane. 5.4.2 Rear yard setback shall be 10 feet where adjacent to residential. 5.4.3 Side yard setback: None 5.6 Parcel Coverage Parcel coverage of a lot or parcel shall be no greater than 60 percent. The definition of parcel coverage is that area covered by buildings not including parking, driveways, utilities, or eaves. 5.7 Residential Buffer, Stream and Slope Setbacks 5.7.1 Exterior Boundary Buffer When any exterior boundary abuts any residential zone, the exterior boundary buffer shall be fifty feet (50') of natural buffer area. Where feasible, natural vegetation shall be retained. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -19- Utility crossings including storm pipes and emergency access roads shall be allowed across the exterior boundary buffer. Supplemental landscaping in the buffer area may be required at the parcel development phase. 5.7.2 Stream and Slope Setback Areas Setbacks from Anderson Creek and No Name Creeks will be a minimum of 100 feet. It is recognized that this would not apply to storm drainage outfalls and road and utility crossings provided the proper permits are obtained. Setbacks from the top of slopes along Anderson and No Name Creek are established at 75 feet in the geotechnical report. These may be modified through preparation of a specific geotectmical report for each development application, but may not be reduced to less than twenty-five (25) feet. These areas are to be retained or replanted in native vegetation. 5.8 Landscaping 5.8.1 Street Frontage Landscaping One (1) tree per twenty-five (25) lineal feet of street frontage along Campus Parkway and Campus Lane shall be provided within a 20-foot landscaped area along both sides of road frontages except for open space areas. 5.8.2 Parking Lot Landscaping The screening and landscaping requirements for off-street parking facilities contained in BMC 21.02.610 shall apply. 5.8.3 Free Standing Signs Landscaping An area around the base of each free standing sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing. Prior to development commencing an overall signage plan for the campus should be reviewed and approved by the Community Development Director. One provision of this program will be that free standing signs are limited to monument signs not exceeding ten (10) feet in height. The plan should also address directory and off premises directional signs. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v121 -20- 5.8.4 Clear Vision Areas Clear vision areas shall be in accordance with BMC Section 21.02740. 5.8.5 Landscape Plans Plant materials, type and size, shall be in accordance with BMC Section 21.02.710 (a) and (b). Where feasible, native plant materials shall be used. Landscape Plans will be prepared in accordance with BMC Section 21.02.730. 6. TER,M; VESTING; TIME FOR CONSTRUCTION; AND REVIEW 6.1 Term This Agreement shall be in effect for a period of thirty (30) years. Any extension of the Agreement shall be processed as a major modification. Upon the expiration of this Agreement, the Property shall be subject to the applicable provisions of the BMC, provided that this provision shall not deprive any rights of NWCC or its successors, under the BMC or other statute or case law with respect to vesting or nonconforming uses. 6.2 Vesting 6.2.1 Land Uses NWCC is vested for the land uses, development requirements, (Section 4) and development standards (Section 5) as established by this Agreement throughout the term of this Agreement for all five (5) phases. As set forth above, additional environmental review and supplemental development agreements are required for Phases 3, 4 and 5, but the allowed uses, development requirements (Section 4) and development standards (Section 5) for all phases are established by this Agreement unless modified as a result of further SEPA review for Phases 3, 4 and 5. 6.2.2 Construction Standards Construction plans for specific infrastructure improvements shall be reviewed under the construction standards in effect on the date the initial plans for the improvements are submitted; provided those plans are complete under the City's submission standards. 6.2.3 Mitigation Fees The City shall not impose any mitigation fees on the Project for impacts which have been mitigated by the terms of this Development Agreement, including the MDNS. This provision does not bar the imposition of mitigation fees for impacts which Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v121 -2]- are not mitigated by this Agreement. NWCC shall coordinate with Kitsap County as to any County-required impact fees outside of this Agreement. 6.2.4 Review Fees NWCC shall pay fees ordinarily charged by the City for processing land use applications and permits in effect on the date the application is submitted. 6.2.5 Other Fees All utility connection fees and other fees not specifically addressed by this provision shall be paid in accordance with the rules in effect on the date the fee-generating activity occurs. 6.2.6 Other Codes Notwithstanding the foregoing, all applications for Subsequent Approvals shall conform to the most current versions of the Uniform Building Code (UBC), and Uniform Fire Code (UTC) standards where applicable. 6.3 Time for Construction NWCC shall submit construction plans for Phases 1 and 2 infrastructure within three (3) years from the date of this Agreement. Further, 440,000 square feet of new building area shall be constructed within fifteen (15) years from the date of this Agreement. 6.4 Review NWCC will submit a report to the City Council every three (3) years outlining its progress, infrastructure improvements completed during the preceding three' years and general conditions at the Project. 6.5 City's Reserved Authority In accordance with RCW 36.70B. 170(4), the City reserves the authority to impose new or different regulations to the extent required to prevent a serious threat to public health and safety. 7. MITIGATION MEASURES The mitigation measures imposed under the authority of the State Environmental Policy Act (RCW 43.21C), and attached to the Mitigated Determination of Non- Significance attached as Attachment "D", are conditions on the development of the Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -22- Property. The provisions of the MDNS are incorporated in the Development Agreement by this reference. 8. INDUSTRIAL LANDOWNERS ASSOCIATION An Industrial Park Landowner's Association will be developed to maintain design control of building signs, landscaping and structures and maintain open space areas, including common landscape buffers, entrance area and signage, develop and implement a commute trip reduction program, provide for the maintenance for private easement roads and the stormwater detention and treatment facilities. This association will be funded by the parcel owners to be able to provide their services. The overall project will establish Covenants, Conditions and Restrictions (CC and R's) for the site with the Industrial Park Landowner's Association charged with the implementation and enforcement of the CC and R's. The CC and R's must be reviewed and approved by the City of Bremerton Director of Community Development prior to recording. 9. GENERAL PROVISIONS 9.1 Subsequent Approvals The Subsequent Approvals are the applications for land use approvals, entitlements, and permits in addition to the Development Agreement and necessary or desirable for the development of the Project. The Subsequent Approvals may include, without limitation, the following: amendments of the Development Agreement, improvement agreements and other agreements relating to the Project, Special Use Permits, use permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, preliminary and final plat approvals, interlocal agreements, developer extension agreements, landscaping plan approvals, shoreline permits, hydraulic project approvals, water system reports for major water infrastructure, building permits for water reservoirs and pump stations, cleating and grading permits, site development permits, forest practices permits, wetland-approvals, storm drainage construction plans and design of individual facilities, other studies, programs and plans required under Paragraph 3.4 of this Agreement, wastewater treatment plant reports, plans and specifications, community drainfield system, collection and interceptor sewer plans and specifications, sewer comprehensive plan amendment, sewerage plan updates/amendments, facility plan amendments, design plans, right-of-way permits, transportation planning documentation, and any amendments to, or repealing of, any of the foregoing. 9.2 Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 vl2l -23- 9.3 Modification The approved N~vVCC Development Agreement, including the land use plan elements of conditions of approval and the phasing plan, may be amended or modified at the request of N%VCC or NWCC's successor in interest. The Director of the Community Development Department may administratively approve minor modifications to the Development Agreement. Minor modifications are defined as those which do not materially increase impacts on transportation, utility systems or the environment, taking into account agreed upon mitigation, and those which do not materially reduce buffers or open space. Modifications that do not qualify as minor shall be subject to the same approval process as the original application. 9.4 Binding on Successors; Assignment 9.4.1 Binding Agreement This Agreement shall be binding upon and inure to the benefit of the successors and assigns of NWCC and Bremerton 9.4.2 Assignment The parties acknowledge that development of the Project likely will involve sale and assignment of portions of the Property to other persons who will own, develop and/or occupy portions of the Property and building thereon. NWCC shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Project to other parties acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the Bremerton shall not be required for any transfer of rights pursuant to this Agreement. Upon the transfer under this section, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement as to the property transferred, and NWCC shall be released of liability as to the property transferred. 9.5 Recording Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the Kitsap County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. Northwest Corpora[e Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -24- 9.6 Interpretation; Severability 9.6.1 Interpretation The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of Breme~ton's authority to enter into such agreements, and this Agreement shall be construed to reserve to Bremerton only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. 9.6.2 Severability If any provisions of this Agreement are determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days at~er the court ruling, then either party may initiate the dispute resolution proceedings in Section 9.12 for determination of the modifications which implement the intent of this Agreement and the court decision. 9.7 Authority Bremerton and NWCC each represent and warrant it has the respective power and authority, and is duly authorized to execute, deliver and perform its obligations under this Agreement. 9.8 Attachments Attachments "A" through "D" are incorporated in the Agreement by this reference as if fully set forth. 9.9 Headings The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.10 Time is of the Essence Time is of the essence of this Agreement and every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -25- 9.11 Integration This Agreement represents the entire agreement of the parties. There are no other agreements, oral or written, except as expressly set forth in this Agreement. 9.12 Disputes; Default and Remedies 9.12.1 Dispute Resolution In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good faith to resolve the dispute. Bremerton shall send the appropriate department director and persons with information relating to the dispute, and NWCC shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute. 9.12.2 Default and Remedies No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 9.12.3 Relief Against Defaulting Party or Portion of Property In recognition of the anticipated sale(s) by NWCC of portions of the Property to others to own, develop and/or occupy within the Project Site, the remedies under this Agreement shall be tailored to the Property or parties as provided in the remaining provisions of this subsection. After the transfer of portions of the Property for which the release of liability provisions apply under Section 9.4.2, any claimed default shall relate as specifically as possible to the portion of the Property involved and any remedy against any party shall be limited to the extent possible to the owners of such portion of the Property. To the extent possible, Bremerton shall seek only those remedies which do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -26- 9.13 Estoppel Certificate Within thirty (30) days following any written request which any party or a Mortgagee may make from time to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying that: (1) this Agreement is unmodified and in full force and effect, or stating the date and nature of any modification; (2) to the best knowledge of the certi~ing party, (a) no notice of default has been sent under Section9.11.2 of this Agreement or specifying the date(s) and nature of the notice of such default and (b) no written notice of infraction has been issued in connection with the Project; and (3) any other reasonably requested information. Failure to deliver such statement to the requesting party within the thirty (30) day period shall constitute a conclusive presumption against the party failing to deliver such statement that this Agreement is in full force and effect without modification or default (except as may be represented by the requesting party). The delivery of estoppel certificate orr behalf of Bremerton pursuant to this section shall be deemed an administrative matter and shall not require legislative action. 9.14 No Third Party Beneficiary This Agreement is made and entered into for the sole protection and benefit of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.15 Interpretation This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 9.16 Notice All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: Northwest Corporate Campus, LLC If to NWCC: ATTN: Ronald S. Sciepko 3023 West State Highway 16 Bremerton, WA 98312 Northwest Corporate Campus Development Agreement, Dec. 29, 1'999 [1041017 v12] -27- Gordon, Thomas, Honeywell, Malanca, With copy to: Peterson & Daheim, P.L.L.C. ATTN: William T. Lynn P.O. Box 1157 Tacoma, WA 98401-I 157 CITY OF BREMERTON If to Bremerton: Director of Community Development 286 - 4th Street Bremerton, WA 98337 CITY OF BREMERTON With a copy to: City Clerk 239 - 4th Street Bremerton, WA 98337 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 9.17 Cooperation The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. Bremerton agrees to work cooperatively with NWCC to achieve the mutually agreeable goals as set forth in this Agreement, subject to Bremerton's independent exercise of judgment. Where appropriate and consistent with applicable law, Bremerton shall become or provide lead agency assistance under SEPA where reasonably necessary to implement this Agreement. Bremerton shall consider use of its eminent domain powers to facilitate implementation of this Agreement, subject to Bremerton's independent exercise of judgment following all applicable procedures necessary to use eminent domain power. Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12J -28- 9.18 Delays If either pa~ty is delayed in the performance of its obligations under this Agreement due to force majeure, then performance of those obligations shall be excused for the period of delay. IN' WITNESS WHEREOF, this Agreement has been entered into between the City and NWCC as ofthe ~ day of k~/]M~_,,~d,~t ~,_ , 2000. NORTHWEST CORPORATE CAMPUS, LLC, a Washington limited liability corporation Ronald S. Sciepko, Managing Member CITY OF BREMERTON, a Political Subdivision of the State of Washington Lynn S. Horton, Mayo, DEPARTMENTAL APPROVAL: Community Development fn I/Iol~n,lrD;rector Publicr .WT~Utilities Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017v12] -?9- APPROVED AS TO FORM: Gle6na Malanca, City Attorney ATTEST: Kathleen McCluskey, City Clerk Northwest Corporate Campus Development Agreement, Dec. 29, 1999 [1041017 v12] -30- STATE OF WASHINGTON ) ) SS. )-. County of~ ) ) I certify, that I know or have satisfactory evidence that LYNN S. HOKTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this/,.~f, dc) day of~~.d~a~4._2000. , Nota~ Publig.~n and for thC"/State of Washing~n residing at My Commission expires STATE OF WASHINGTON ) COUNTY OF I~[[~E ) ,-2~ day of (~~, 2000, before me personally appeared On this RONALD S. SCIEPKO, to me ~cnown to l~'e the Managing Member of NORTHWEST CORPORATE CAMPUS, 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 was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this ~ day of ~ga~e, at. aO..a~ 2000. Notary. PubliC~Ln and for the"~tate of Washin~on My Commission expires .fi"--/~6"-- Northwest Cord Develooment A§reement, Dec. 29, 1999 [7041017 v121 -3I- When ~o~ ~ m:. F[~T ~[~ T[~ [~ EffiT RE.ffi K~ts~ ~, ~ CI~ OF 8REHERTON C~ ~ B~ WA ~C~SE ~ ~EMPT ~0V ' ~1999 D~do~ Hame N~ ~ ~ ~C ~br~t~ ~ ~ 33, ~4 N, ~l~ ~ ~, ~i ~ ~~, ~e ~d =t~ ~ ~ ~y of ~O ~, 19~, by ~d be~ · e Ci~ of B~oa a ~ e~ m~pfl ~o~ &~ mf~ ~ ~ FOR A2~ 12q CONSIDERATi~)N of thc mutual promi~ez and beaefiU contained here~ ~md for other valuable comideration~ the receipt of which iz hereby aclaaowletlgefl, ~¢ Graator and Cn~atee hereby agree ~ad cove~mt as follow: l. GRANT OF EASEMENT: C_n'aator doe~ hereby convey and quit claim to Gr'aatee aa easement for the propose of restricting certa/n uses and activifie~ upon the property deeam'bed in Exh'bit "A" anached hereto and/ncorporazefl by reference herein Oaereaflcr '~Veghead Protection Area") for the purpose of protecting and provid/ng access to wells locat~ to the north and east of the Wetlheatt Protection Area. A. Restrictions on the Wellhead Prot~c~on Areas are as follows: 1. Ail land use actions will be considered to be sited in a critical area and reviewed under the procedures of BMC 212.2.060, and considered an envh-onmentally F_ASEM~T - 1 - SC~EPKO, 11-g9, ab ATTACHMENT "C" -34- sensitive area for purposes of environmental review under WAC 197-I 1-908 and BMC 21.22.280. 2. Nitrogen fertilizers and pesticides shall be used at or below agronomic rates to prevent [esot:ting to ground water and surface water. 3. Best Management Practices 0BIvfPs) for stormwater surface water protection will be followed. a. All businesses will submit a program for employee training on wellhead protection, proper use of BMP's and water comscrv~on for approval by the City Public Wot'ks md U~litie~ Department, ;md implement the program. The Grmtee will ass~ i~ employee tr.~n~ng to the extent o£ available resources. 5. Signs ~ be pl~:ed to alert workers and trans~rters that the ares/s/n a wellhead protection zone. 6. Activities designated as large quantity generators according to WAC 173-303 are prohibited. 7.Radioactive substances are prohibited. 8. -Use, production, .or storage ofh~?ardous na~terials listed as EHW in WAC 173-303 are proh~oited. Any olher h,?a~ous materials loca~ed w~thin the wellhead protection zone must have proper storage, cont-~nment, and spi~l response. In addition, any use involving the introduction of any hazardous material will be submitted to the Department of Public Works and Utilities for recor~mendafion~ on appropriate conditions to be applied to the use under BMC 21.22.~60. A contaminant inventory form will be submitted for each commercial establishment. 9. Use o£1and for waste disposal or land application is prohibited ~ncluding disposal of sewage and refuse as defined ~n BMC 6.04.030. 10. Use of tmder~ound storage mnl¢~ for any substance other than potable wa~er or s~ormw~er shal~ receive prior approv,t f~m the City Public Works and Uliti~es Department. Temporary storage of wastewater as pm of a closed conveyance system ~pproved by the Department will be allowed. 1 I. Landfills, j,nk'yard, mining, electroplater and metal finishers are prohibited. EASEMENT - 2 - 11/~3/1~ =43~ SC~EPKO. ~.~. a~ FIE$'i' ~I~ HTL[ [1~ [St'fi' ~15.88 I(its~p Co, I~ 12. Any federaJ, state, or local regulations as they may be enacted regarding wellhead protection must be followed. B. For that portion of the Wellhead Protection Axea described in Exhibit '~B" attached hereto and incorporated by reference herein ("Enhanced Protection Area") the following restrictions shall apply in addition to those listed under subparagraph A above: 1. Placement of underground siorage tanks for ~ubsmnces other than potable water or stormwater is prohibited. Temporary storage of wastewater as part of a closed conveyance system approved by the Depa.r~ent will be allowed. 2. Aetv/tes designated as large or small quantty generators of b~'~,'dous wastes according to WAC 173-303 are pmlm'bited.. 3. The activities lixted in Exhibit "C" (Table 5 fi'~m the K/tsap County Critical Areas Ordinance) are prohibited unless otherw~e approved by the Grantee. 2. Hq)I~D MARM:L~S: Crrantor hex~by agree~ to hold harmless and defend the Grantee from ail cl~-~ and liability -due to the negligent acts, error or orni~o~ of Grantor, his agents and/or employees. The grantee shall not be liable.to Grantor, or any other patay for any claim whatsoever arising in connection with this Agreement, except for negligence solely and entirely the fault of the Grantee. 3. EASEM2ENT TO RUN WITH THE LAND: The Crm~tor and Grantee intend that thi~q ~ent shall be a covezmJat rtmni'ng wil2~l the land descn'bed above and shall be binding lzpon Cn-alltoffs and C, ramee's successors interest. 4. C40 V~I:L.,NTIN(3 LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal rights and obligahoas of the parties hereto shall be determined in accordance with the laws of the State of Washington. P~je: 3~$ EASEMENI' - 3 - 1 l/ffi/lffi$8$: 4~ SCaEPKO. ~-~. a~ FirST 81~ll:Rt TITLE I~ ESllI $16.88 Kitsa~ Ca, I$1 5. JI. YRISDICrION AND VENUE: In the event that any suit or action shall be b~ught in connection with any of the terms and conditions of this Agr~ment, the panics hereto h~reby agr~ that jtuisdiction and venue of any such suit or action shall prop~ty lie in Kitsap County, State of Washington. 6. $EVERABIZITY: In the evem thai any s~:tion, or any part of any s~'tion, or this Agr~ment shall b~ d~:lar~d invalid by a court of competent jurisdiction, said holding shall have no effect upon the r~maining sections of this Agr~ment, which ~ r~m~i, in full for~ and effect. This Agr~rnent constitutes the enti~ ~t and understand/rig between the partie~ hereto. Them ar~ no other ~a/r~:ments or unda'standings, tither written or oral, which modify or have auy ¢ffozt upon this Agr~ IN WITNESS WIffEREO~, this Agreement has been duly .~x~;ut~cl by ~e p~ h~, to be eff~ve on ~e ~y md y~ ~ ~ve ~n~ ~tor, No~w~ Co~~, L~C. , Ro~ S. ~, M~g M~ P~: FIRST ~IC~ TI11.[ I1~ EDiT ~G.~ Kits~o EASEMENT SC~EPKO. 11-gg, STATE OF WASHINGTON ) COI. HVI'Y OF KITSAP ) On this day pemonally appeared before me~a/c£ ~. ,~f. za~la.-, tomeknown to be the individual de~Tibed in and who executed the ~.dthin foregoing hasumment, and acknowledged that __he signed the s,-tme as ~.ffo free and voluntary act and deed, t'or the ttse~ and purpose, therein mentioned. Notary Public in and for the State of Wa~hhagton CITY OF BRE/VlERTON, Grautee LYlkr~ S. HOI~TON, ' Mayor DEPARTMli2CF. e~ APPROVAL: Director o£Public Work~ ~ Utilitie~ City Attorney Pa~je: ~~ L. M~US~ CiW CI~ Exhibit "A" WELLHEAD PROTECTION A_REA An easement on the follow~g deacribed parcel: That portion of See~on 3.3, Towmlxip 24 N, K. IE., W.M. in Kitaap County, WA described ~ follows: Bcgi_rmlng at the NE comer of the south 260 feet of the NE ¼ of the SW ¼ of said section 33: thence we~ along de north line of said south 260 feet to the west line of sa.id NE ¼: thence south along the west line thereof and continuing sotah along the we~ line of the SE ¼ of the SW ¼ to the south li~e thereo~, thence east along said south linc a dk~znce of 500 feet: thence northes.~terty along a ~a-~ight linc to the point of begixmi~g. Also an easement on the following described parcel: That portion of $~tion 4, Tovmskip 23H. R_iE. W=M. in Kitsap County, WA described as follow~: Be~nnlng at a point on the north line of the N'W ¼ of said Section 4, said point being 500 feet cast of the NW comer of the NE ¼ of the NW ¼ of said Section; thence west ~o the N'W comer of said Section 4; thence south along the we~'t line of said Section 4 to the SW comer of6ae NW ¼ of said Section 4; thence ~ along the south Line of said NW % a dLstance orS00 feet; thence ttorthe,~-teriy along a s1:raight line to the point Said en~ement described as follows: That portion lying ea.vterty of the following described line: Said line begin~ing at a point on the north tine of said Section 4, said point bring 800 fe~t east of the N'W comer of said Section 4; thence rxmn~g southwesterly in a s~raigh! line to a point on the west line of said Section 4, said point beh~g 600 feet north of the SW comer of the lOW ¼ of said Section 4 and the end of this Ii.nc descritxioa. A&so an e~sement on the followi-g described parcel: Thai potion of Section 4, Township 23N, R. 1E., Wa¼. i~ ~ Cotmty, WA descn'bed as follows: T'.~e SW ¼ of the NE ¼ of said Section The south 330 feet &the ~ ¼ of the NE ¼ of said Section 4. 'l-ne ~ 200 feet of the SE ¼ of the N~ ¼ of said Section 4. Said ~ement described as follows: That portion of the above descn'bed par~[ lying west of the following desofibed line: SMd line be~m~ing at a point on the north line of the south 330 feet of the N'W 14/cf the NE ¼ of said Section 4, said point lying 700 feet west of the NE comer of said south 330 f~et; then¢~ ruining southwe~'terly in a straight line to a point on the south line of the SW ¼ of the NE ¼ of said. Section 4, said point lying I200 feet west &the SE comer of said SW ¼ and the end ofthi~ line description. III111 Exhibit "B" ENHANCED PROTECTION AREA That portion of Section 33, Town~hip 24 N., R_IS., W.M. in Kitsap County, WA described a~ follows: Beg~ning at the N~ come~ of the south 260 feet of the NE ¼ of the SW ¼ of ~id section 33: thence we~t along the north line of said ~outh 260 feet to the we~ line of ~ald NE ~/~; thence ~ottth along the we~ line thereof and continuing south along the we~t line of the SE ¼ of the SW ~ to the ~outh line thereof; thence ea.~t along said ~outh line a dL~tance of 500 feet; thence northeasterly along a ~-aight line to the point of beginning. FIRST P~FJtIC~ T~T~Z I~' £S~lT ~lS.~ Xit.~ Co, ~ Exhibi.t "A" & "B' Map ~LLg-IEAiD PROTECTION ARF. A EHI-L~qC~ID PROTECTION AR~-A SINCLAIR INLET TO 32 33 514 FIRST P~IC~H TITLE INS [$'1i' ~1~.~ Kit$a¢ Co, N~ EXHIBIT NO." ~" SECT'iON 600 Cdtic:d. A~if~ Rc~b.~ ~ C.d6c:d A.r~s ~ T~ble ~: Opera~iaus With Pompeii ~t c,~ Gro~d~amr CITY OF BREMERTON * 239 4th Street · Bremerton, WA 98337 Department of Co,,~-,,uniry Development Novemb~ 23, 1999 To ~ Ag~cies: At~ched you ~ find the F~l 1V[DNS for ~.e Northwest Corporat~ Campus proiect issued pursuant ~o WAC 197-11-330. This lvl~NS and mifg-afng measures are a result of r~wiew o£ ~¢ ~opEc~tion and suppor6ng docum~n~afon bT various City, County, Sram agnmcies and inte. z~smct pames. In addi6on, input ~ mk~n at a regularly scheduled mee6ng o£ ~he City Planning Com.m~ion on Nov~'nber 16, 1999. The pm~.nions o£d'ds docun'mat n611 be incorporamd in ~he Development Agrc-ernent for the project ~long ~ith addi6onal r~quirements ~nd project controls to guide t~e development. Issuance of' this MDNS is ~ppe~lable pursuant t~ BMC 21.02-845 within 14 clays of' the d~te o£ ti~ letter. For fur&er in£orrna~on concerning ~ppe~s, please contact the Deparlrnent o£ Communit7 Development, located ~t 286 4e Stre~ Bresner~n. For [-urti~er project [n£orrrm6on ~11 (560) 478-52/5. SLncereJ~,. ATTACHMENT "D" Equal Opportunity Employer * -43- CITY OF BREMERTOII MITIGATED DETERMINATION OF NON-SIGNIFICANC · DEVELOPMENT AGREEMENT: NORTHWEST CORPORATE ~ INDUSTRIAL PARK PROJECT PROPONENT: NORTHWEST ~TE ~ LLC 3023-W. State Hwy. 1~ B~.mert~, WA 9~312 (360) 792-2686 PROJECT LOC. ATION: The site is located ~ of the conununity of Gorst, wes~ of Anderson H/Il 1~,~-I~ south of Highway 16, and north of old Clifton Rond, PROJECT PROPOSAL: The applicant has filed with the City of Bremenon a conceptual Development Agreemen~('DA), to control future use and development of a l SS acre pan:el of land located on Andemm ~ The DA proposes five phases of development extendin~ from the southern property line northerly to the SR-16 highway oomdor. The DA envir, ions a project I/re of thirty years with m-annual reviews by the Cit~ to enstu~ the project is proceed/ng properly. The project involves the use of a binding site plan that will allow flexibility ns the projec~ proceeds to bu/ld out. Phases 1 and 2 currently pr ~_opos~___ for construction will access to the south by construction of a new public roadway.(Campus Paflcw~), thai will connect to the existing Old Clkr'ton Road s/tunted in unincorpor~ed Kits~ County. Roaciwa3~ within the project site are intended to be public and dedicated to the City ofBremerton, ln~ utilities will be included in the public roadway. The site will be served by public water and sewer service. The projec~ site has an irregular topography and slopes to the north. Tw~ major drainalpe swells bisect the property with the upland areas proposed for development and the valley bosoms retained for resou~e Im~ection. The easterly drainage basin cont~ns Anderson Creek and the westerly basin contains a drainage called "no-name" cme. k in application materialr~ The proposed bin~ng site plan illustrates five total phases of (k-veiopment with the first two extending along the future Campus Park'way. The~ initial phases p.,~,~,e 29 parcels for future ind.,trial development and two tracts A and B to be used for storm water sto~ and laufferin$ re~l~eCtively. The Responsible Official ct'the City ct'Bm here~ makes the foliowin$ findin~ and concltmon~ based upon a review cfi the following application materials and meetin~ with the applicant Northx~e~t Corporate Campus Al:~plieamon L~tt~r vicimty Map Site P~ G~ng, ~ ~d U~li~ P~ En~en~ Ch~i~ D~ ~l~ent A~ Wefl~d ~is ~d ~lin~on Re~ Well H~ ~m~ ~m~t T~c S~ ~li~ Stop.er Site ~ Site Suimili~ ~ for ~iis ~d SI~ ~er ~ ~er's ~nt Wildlife Sttm'y Preliminary Road Plan and Pr~ile Preliminary Sanitary Se~r Plan Preliminary Water System Plan Wetland ~ Preliminary Storm Drainage I~ and Plan FI2NDINGS OF FAC'r: A. The site is c-arrenfly undeveloped and forest practice activities are oceumng on portions iffthe first ta~o phases. B. The surronnttlng area is developed with scattered residential use~ and vacant parcels iff land. A large planned commumry and golf course lie sotrth iff the site, ie McCormick WoocL~ C. Access for the initial phases iff develolmaent will occur by construction d a new public county roacharay extend/ng north from the Old C1/flon Road to the southern boundary iffPhase 1. This extension ¢xmpled with the internal Campus Parkway will lead to a public road iff over 6,000' in len~th with phases 1 and 2 iff project development D. The City iffBremerton maintains wells adjaceni to the site for City water purp~e~ The applicant and City have tentatively prepared a Well Head Protection Easement to regulate activifie~ within the project and protect the City water supply. E. The City has designated the site as an Industrial Park in the Comprehensive Planning of the W~ and Utilities Land Use Plan. The site has been zoned within the Indusu-iai Park zone classification. F. The applicant has proposed a DA to reg~_~l_m_e development. It proposed a thirty ~ project life with tri-armual reviews to ensur~ the project proceeds as planned. This agrr, ement has yet to be finalized and ~ by the City C__xmucfl. G. The binding site plan proposes two phases of development at this time with futm-e phases to be mviev, ed on a case by case t~asis at the time of filing, Phase I and 2 would create up to 29 business sites and could be assmnbled for larger u.sen. H. A w~tland report w-m prepared for the imtial phases of the project. It was prepared by Jon K. Ducker, Professional Wetland Scientist, and located an 8,382 SClUa~ foot wetland within Tract A found in Phase 2. This requires a 50 foo~ buffer as stated in ~e Br~menon Crilical Lands Ordinance. This buffer is respecied in the preliminary storm drainage plan filed by the applicant. L A Wildlife Repori ~ prepared by Jon K. Ducker, C~rtified Wildlife Biologist, which described the sit~ conditions and wildlife. No endangered, ~tened, or sensitive wildlife or habitm for these species wer~ noted on-site. However the pi]eared w~odpecker, a State Candidate species, was noted on-site and an active Bald Eagle nest is located o~'-site to the north. J. Two geoteclmicaJ reports were prepared on the site by Allen L. Hart, Engineeri~ Geologist and were l~,eneral in nature. The conclusions of the reports establish general setbac~ of 50 to 75 feet and require that more cle~led geological re~ns be required at the time of individual parcel developmeaL K. T~ specific storm ctrainage r~=x~ts ~ prepared by Apex Eng~neerin& for the on and off-site roadwa~ and storm ctminage impm~ments. The prelinuna~y stormw~ter site ptans utiliz~ the D~-l~rtment of Ecology Storm~,~ter Mm-tagem~t Manual Requirements for the Puget Sound Basin. I,. A tm~c imlmct analysis was prepared for the development by Ch'be, on Traffic Consultants. The r~-port discussed the impacts of the project and adjacent resiclentia~ development on City and County roads as w~ll as the SR-16 ~ighway comdor. The report also specifies mitigation measmas. CONCLUSIONS OF TH~ RP_..giK)NSII~R.E OFFICIAL: 1. Por~iom of the Northwest Corporate Campus project will requJ~e review and al~proval by other agencies such as 2. The al~plicauo~ and supporting clocumentauon adequmely describe the pro~ l~ect and probable a~'vt, rse impacts tha~ may occur with futur~ development and us~ 3. Due to the leng~ ~' time for the De~lopmen~ Agreement this IVlDNS is intended to address ~ cumulative and ~'oject specific impacts for the overall project t~t can be identified at ',~s time and projecl spec~c impacts for ptmses I and 2. 4. Adequme prtwisions are contained within the Br~mer~on Municipal Code and K,itsnp County Ordinances to rmtigate future prol~le impacts from development of Pleases I and 2. Farther environmental review will be conducted for phases 3 to 5. 5. Additional individua/requirements can be placed on the application through the use of the Development Ag~ement, ]RMC 21.02.850. 6. The applicant is willing to enter into a 30 year Development Agreement with the City to establish the overall development program for the project. In part, the a~;reement is intended to establish requirements and further rev~ew~ to mitigate potential adverse impactt 7. The Development ^g~emen! will allow for use of the binding site plan prix:ess as proposed by the applicant and envisioned by the City. The Responsible Official concludes that all potentially significant environmental impac~ will be mitigated thmus~ the conditions of the, MDNS, Final Development Agreement and adherence to City policies. Pur~nant to WAC 197-11-350 (3), a M~tigated Determination of Non-Significance (MI)NS) may be issuec[ This conclusion is based on staff r~iew of the environmental checklist and application rnateriaLt The MDNS is supported by plans, policies, and rel~lat~ons adopted by the City of Bremenon for the exercise of substantive authority under SIVA. MITIGATION MEASURES: 1. The applicant shall comply with the terms and conditions of the Bremenon Municipal Code during development of Phases 1 and 2. Deviations from the adopted standards must be appro~d by the City Council. 2. The applicant shall enter into the Development Ai;reement with the City of Bremenon prior to commencing phased development or offering the parcels for sale or lease. 3. The conceptual drainage plans filed with the City of Bremenon and Kitsap County Public Works Depanmen~ for the f~ture Campus lhrkwny public road needs to b~ expanded to cover all toad~-~, (public or private), and be coordinated and mitigation provideci for Andenon Creek and No Name Creek. This requirement is to apply to both on site and off site roadway. The applicant shall provide a unified street and drain~,, plan for review and approval of both a~encies addressing georechnical and hydrological impacts on Anderson Creek prior to submittal of construction plans for the future roadways. 4. Development ~ Campus Parkway within Phases I and 2 will reqmre specific roadway plans approved by the City of Bremenon Public Work~ Department and I~itsap County Public Works Department. This study establishes a 75' setback from the top of the bank from Amterson ~ and No-Name Creek drainage basins. This se _tt~u_ may be reduced with provision ofa p,-oper Seotechnical clesi~n. Prior to appraval, the roadway and storm plans shall be r~"Vtewed by a ~.oteeiuucal and hydrological engineer to ensu~ they compl~ with the study r~quirements contmned in the Allen L Hah, geotechnical ri"port dated November 8, 1995 and contained in Bremenon files. The purpose of the additional rtwiew is to ensure slope stability within the affected drain,, basin is retained and stream flows are not a~ected as required by the DOE Manual. 5. Prior to development plan ,q.,F,,.,~,al for Parcels 2, 3, 7, g, 11, and 12 of Phase 1 adjoining the Anderson Creek drainage a geotechnical r~pon will be prepar~ and filed with the City Community Development Department ensUnng the plans comply with the detailed study requirements contained in the Allen L. I-lan geotecimical report dated November 8, 1995. This relxn't establishes a 75' setback for buildings and parking areas. This setback may be reduced with provision of a proper geotectmical design, but may not be reduced to less than 25 fe~ The purgose of the additional review is to ensure the design criteria are met 6. Prior to development plan approval for Parcels 15, 16, 19, 20, 22, 23, and 24 ofPhase 2 adjacent to the Aflder3on Creek drainage and Parcels 25, 27, and 28 of Phase 2 adjacent to the No-name Creek drainage a geotechaical report will be prepared and filed with the City Community Development Depar~ent ensuring the plans comply with the study requirements contained in the Allen K. Hart geotechnical report dated November g, 1995. Tl~is reporl establishes a 75' seLIt~ck for buildings and parking areas. This se _qo~'__k may be reduced with prOWsion of a proper design, but may not be reduced' to less than 25 feet. The purpose of the additional review is to ensure the design criteria ar~ met. 7. Due to the length of Campus Park-way and the lack of a secondary access for Phases 1 and 2 all buildings will require sprinkler systems and Campus Park-way must end in a cul-de-sac with each phase of construction. The applicant shall cortstrua the future internal public roadw~ to the standards established by the City ]3remenon RoaoNvay Standards or other szandzrd a~ ap~ by the City Public Work~ Del=nx~nent. 9. The a~plicant shall construct the future Campus Park'way, (external), extending south to the Old Cleon County Road to the st~nctards approved by the Kit. sap County Pubtic Wodcs Depar~ent 10. The applicant shall contribute to the satisfaction of the Director of Commumty Development their proportional share of funds necessary to mitigate off site roadway improvements required to mitigale olt'sim u~c impacts. 11. City of Bremenon, ICitsap County, Washington State approvals and agreements will be required for all storm water ouffail construction and may be required for other aspects of storm water facilities if they are not designed to DOE standards. 12. Any stream crossings for road construcuon shall be ~ bridge or similar approved smicture with a span long enough to mmntain a natural stream comdor for stream functions and wildlife movement. Utility crossings shall be located at bridge crossings or bored under the stream if other crossing locations are required. 13. A documented l::~e's nest is located north of the project boundary in the vicinity of Phase 4. Prior to development plan apprmral for Phase 4 the applicant will file and receive approval of an l=:a~e Managemem Plan that will specify linUta~ons on u.~ of this area and provisions necessary to preserve the nest. 14. The applicant shall provide proof of adequme water and sanitary sewer service prior to issuance development or building permits for Phases I and 2.