HomeMy WebLinkAbout4740Filed for Record at Request of: 1878978888 18:32P
BR£MERTON CITY OF ORD $89.88 Kitsap Co, WR
When Recorded Return to:
Name: Bremerton City Clerk
Address: 239 Fourth Street
Bremerton WA 98377
Port Blakely Development Agreement/MXD Zoning
Document Title: Ordinance No. 4740
Reference Number of Document Assigned or Released: Not applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not applicable
Abbreviated Legal Description: PORTIONS OF SECTION 7, 18 AND 19 OF TOWNSHIP 24
NORTH, RANGE 1 EAST OF W.M. SITUATED IN KITSAP COUNTY, WASHINGTON.
Assessor's Property Tax Parcel Account Numbers: See attached Exhibit D
ORDINANCE NO. 4740
AN ORDINANCE of the City of Bremerton, Washington zoning the site commonly
known as the Port Blakely property upon annexation as authorized by the City's Comprehensive
Plan by Ordinance No. 4722; applying the "Mixed Use District" (MXD) zone for the site as
established by Ordinance No. 4723; and adopting a Development Agreement as part of the site-
specific zoning.
The City Council of Bremerton makes the following findings:
WHEREAS, the City amended its 1995 Comprehensive Plan by Ordinance No. 4722 on
September 20, 2000 to adopt the Port Blakely Joint Planning Area Sub-Area Plan as an
amendment to the City Comprehensive Plan, and
WHEREAS, the City Council of Bremerton also approved the Three-Party Agreement by
Ordinance No. 4722 on September 20, 2000, and Kitsap County approved the Three -Party
Agreement by Ordinance No. 249-2000, on September 11, 2000, which Three -Party Agreement
established certain terms and conditions relating to the Port Blakely Sub-Area site commonly
known as the Port Blakely property ("Property"), and
WHEREAS, the City of Bremerton, the Kitsap County Board of Commissioners and Port
Blakely Communities executed the Three -Party Agreement consistent with and implementing
the Port Blakely Sub-Area Plan for mixed use development, land uses, open space, infrastructure
and services, and
WHEREAS, upon annexation of the Property by the City, the City's Comprehensive Plan
amendments in Ordinance No. 4722 authorized the zoning of the site from its Kitsap County
Transitional Zone under the Three-Party Agreement and Kitsap County Code to the "Mixed Use
District" (MXD) zone under the Bremerton Municipal Code. The MXD zoning category was
added to the Bremerton Municipal Code by Ordinance No. 4723 adopted on September 20, 2000,
and
WHEREAS, the Development Agreement attached hereto as Exhibit C implements and is
authorized by the Sub-Area Plan and Three-Party Agreement by applying specific project
elements and development standards to the site consistent with the state's development
agreement statute, RCW 36.70B.170 et.seq., and Bremerton Municipal Code § 21.02.900, and
WHEREAS, the Bremerton City Council held a public hearing on the proposed MXD
zoning and development agreement on November 29, 2000, and at the conclusion of such
hearing determined that the Port Blakely Sub-Area property should be zoned "MXD" and a
development agreement adopted concurrently as part of the zoning, NOW, THEREFORE,
THE CITY OF BREMERTON DOES HEREBY ORDAIN THE FOLLOWING:
Section 1. MXD Zoning; Development Agreement. The Port Blakely Property, as set
forth on Exhibits A and B, is hereby zoned to Mixed Use District ("MXD"), upon annexation, as
authorized by the City's Comprehensive Plan (including the Port Blakely Sub-Area Plan) as
amended by Ordinance 4722, and the Kitsap County Transitional Zoning under the Three-Party
Agreement and the Kitsap County Code shall no longer apply to the Port Blakely Property. The
Development Agreement attached hereto as Exhibit C is approved as part of the site-specific
MXD zone for the Port Blakely Property, and the Mayor is authorized to sign the Development
Agreement in substantially the same form as Exhibit C.
Section 2. Effective Date. This ordinance shall take effect ten (10) days following
passage and publication. The City Clerk shall certify this adoption ordinance to the Kitsap
County Commissioners upon the ordinance effective date.
111111111lllllllllllllll[[lll]lllllll[lllllll 7 7.2?z * g 27
BREI4£RTON CITY OF ORD t89.08 Kitsap Co, WA
APPROVED by the City Council of Bremerton on the first reading this 29th day
of November, 2000.
PASSED by the City Council of Bremerton on the second reading this 6th day of
December, 2000.
Carol Arends, Council President
APPROVED this [~'3 day of ~ , 2000.
Lyrin~S. Horton, Mayor
ATTEST:
Kathleen McCluskey, dity Clerk
EFFECTIVE DATE __ /,2- ol'/. oo _
PUBLICATION DATE __1,~-/../,oo _
ORBiN,~,IOE NUMBER ,/7,40-
Exhibits:
Exhibit A--Map of Port Blakely Site.
Exhibit B--Legal Description of Port Blakely Site.
Exhibit C--Initial Development Agreement for Port Blakely
with Mixed Use District (MXD) zone classification
Exhibit D--Assessor's Property Tax Parcel Account Numbers
BR£M£RTON CITY OF ORD ~35.88 Kitzalo Co, WR
EXHIBIT A--MAP OF PORT BLAKELY .~NNEXATION AREA
/I
19120
Section line
['~["--J~] O Proposed Oeve/opment
0 600' 1200' 13oundory Port Blakely
1'=~1200' rapo~opay from 'abfke~ md Assoc~at,s Joint Planning Area
BR£MERTON CITY OF OEO ~3S.88 Kitsap Co, ~fl
EXHIBIT B--LEGAL DESCRIPTION OF PORT BLAKELY ANNEXATION AREA
That portion of Sections 7, 18, and 19 of Township 24 North, Range 1 East of the Willamette
Meridian in Kitsap County, Washington, described as a whole as follows:
Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and
Range; thence along the east line of said section 18, North 02033'36" East 2650.40 feet to the
east 1/4 section comer of said Section 18; thence continuing along said east line of said Section
18, North 02013'37" East 2665.51 feet to the section comer common to Sections 7, 8, 17 & 18 of
said Township and Range; thence along the east line of said Section 7, North 03°14'29'' East
273.70 feet; thence South 49006'36" West 394.86 feet; thence South 22015'57" West 435.82
feet; thence South 51004'39" West 573.87 feet; thence South 72021'49" West 281.90 feet to the
beginning of a 113 foot radius curve to the right; thence northwesterly along said curve an arc
distance of 212.28 feet through a central angle of 107°38'11"; thence North 208.41 feet to the
beginning of a 80 foot radius curve to the left; thence northwesterly along said curve an arc
distance of 159.10 feet through a central angle of 113°56'42"; thence South 66°03'19" West
372.14 feet; thence South 24°07'12" West 254 .43 feet; thence South 38°38'11'' West 566.66
feet; thence South 05°05'55'' West 1897.32 feet; thence South 12°50'21'' West 833.49 feet;
thence South 07°48'19" West 495.35 feet; thence South 46°57'31'' West 323.73 feet; thence
South 33°30'41'' West 410.75 feet; thence South 17°32'08"West 860.92 feet; thence South 07°
42'01" West 2094.94 feet to the beginning of a 599.00 foot radius curve to the left; thence
southeasterly along said curve an arc distance of 1356.06 feet through a central angle of 129°
42'36"; thence North 57°59'25'' East 911.61 feet; thence North 61035'44" East 692.67 feet to
the beginning of a 1239.00 foot radius curve to the left; thence northeasterly along said curve an
arc distance of 946.35 feet through a central angle of 43°45'45"; thence North 17°49'59" East
1763.31 feet to the point of beginning.
BREMERTON CITY OF ORD $35.80 Kitsap Co, WA
EXHIBIT C
INITIAL DEVELOPMENT AGREEMENT
Between
PORT BLAKELY AND CITY OF BREMERTON
Grantors: Port Blakely Tree Farms (Limited Partnership), a Washington limited
partnership; and City of Bremerton, a Washington municipal corporation
Grantees: Port Blakely Tree Farms (Limited Partnership), a Washington limited
partnership; and City of Bremerton, a Washington municipal corporation
Abbreviated Legal Description: Portions of Section 7, 18 and 19 of Township 24
North, Range 1 East of W.M. in Kitsap County,
Washington
Additional Legal Description: Attachment A
Assessor Property Tax Parcel Account Numbers:
072401-4-050-2001 192401-1-002-2002
182401 - 1-001-2004 192401 - 1-003-2001
182401 - 1-003-2002 192401 - 1-004-2000
182401 - 1-004-2001 192401 - 1-005-2009
182401 - 1-005-2000 192401 - 1-006-2008
182401-1-006-2009 192401-1-007-2007
182401-1-007-2008 192401-1-008-2006
182401-1-008-2007 192401-1-009-2005
182401 -3 -007-2004 192401-2-001-2001
182401-4-001-2008 192401-2-002-2000
182401-4-002-2007 192401-3-002-2008
182401-4-003 -2006 192401-3 -003-2007
182401-4-004-2005 192401-4-007-2001
182401-4-005-2004 192401-4-008-2000
182401-4-006-2003
182401-4-007-2002
182401-4-008-2001
BREM£RTON CITY OF ORD ~39.88 Ki%zap Co, WR
TABLE OF CONTENTS
Page
1. PHASED PROJECT PLANNING .......................................................................... 2
1.1 Sub-Area Plan and Three-Party Agreement ........................................................... 2
1.2 Current (Threshold) and Future Development Standards ....................................... 3
1.3 No Development Until Master Plan ........................................................................ 3
2. PROJECT DESCRIPTION ..................................................................................... 3
3. PROJECT ELEMENTS AND DEVELOPMENT STANDARDS ........................ 4
3.1 Zoning; Density and Intensity Standards ................................................................ 4
3.2 Roads/Transportation Standards ............................................................................. 5
3.3 Water and Sanitary Sewer Standards ...................................................................... 5
3.4 Stormwater Standards ............................................................................................. 6
3.5 Open Space, Recreation and Trail Standards .......................................................... 6
3.6 Capital Facility Standards ....................................................................................... 6
3.7 Other Standards ....................................................................................................... 6
4. SEPA; MITIGATION ............................................................................................. 6
4.1 SEPA Determination for This Agreement .............................................................. 6
4.2 Master Plan ElS ...................................................................................................... 7
4.3 SEPA Review After Master Plan EIS ..................................................................... 7
4.4 Mitigation ................................................................................................................ 7
5. MASTER PLAN PROCESS ................................................................................... 7
5.1 City Coordinator; Review ....................................................................................... 7
5.2 Content of Master Plan ........................................................................................... 8
5.3 City Review Procedure ........................................................................................... 8
5.4 Schedule .................................................................................................................. 9
5.5 Future City Processing of Implementing Approvals; Plats; Binding
Site Plans ................................................................................................................. 9
5.6 Grants, LIDs, Etc .................................................................................................... 9
6. TERM; VESTING; ................................................................................................. 9
6.1 Term ........................................................................................................................ 9
6.2 Vesting .................................................................................................................. 10
6.2.1 Project Elements and Threshold Development Standards ........................ 10
6.2.2 CAO and Stormwater Standards ............................................................... 10
6.2.3 Construction Standards ............................................................................. 10
6.2.4 Review Fees .............................................................................................. 10
6.2.5 Other Fees ................................................................................................. 11
6.2.6 City's Reserved Authority ........................................................................ 11
i
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6.3 Annual Review ...................................................................................................... 11
6.4 Due Diligence ....................................................................................................... 12
6.4.1 City Notice ................................................................................................ 12
6.4.2 Mediation .................................................................................................. 12
6.4.3 Mediation Report ...................................................................................... 13
6.4.4 Compliance with Court Decision or Mediation Report ............................ 13
6.4.5 Joint Planning Process .............................................................................. 14
7. GENERAL PROVISIONS ................................................................................... 14
7.1 Governing Law; Interpretation; ............................................................................ 14
7.2 Authority; Severability .......................................................................................... 14
7.3 Integration; Amendment; Minor Modifications .................................................... 14
7.4 Binding on Successors; Assignment; Enforcement .............................................. 15
7.4.1 Binding Agreement ................................................................................... 15
7.4.2 Assignment ............................................................................................... 15
7.4.3 Enforcement of Agreement ....................................................................... 15
7.4.4 Development Standard Modifications ...................................................... 16
7.5 Recording .............................................................................................................. 16
7.6 Headings; Attachments ......................................................................................... 16
7.7 PBC as Agent ........................................................................................................ 16
7.8 Time Is of the Essence .......................................................................................... 16
7.9 Disputes; Default and Remedies ........................................................................... 16
7.9.1 Dispute Resolution .................................................................................... 16
7.9.2 Default and Remedies ............................................................................... 17
7.9.3 Relief Against Defaulting Party or Portion of Property ............................ 17
7.10 Estoppel Certificate ............................................................................................... 17
7.11 No Third Party Beneficiary ................................................................................... 18
7.12 Cooperation ........................................................................................................... 18
7.13 Delays ................................................................................................................... 18
7.14 Notice .................................................................................................................... 18
LIST OF ATTACHMENTS
Attachment "A"-Legal Description of Property
Attachment "B" - Map of Property
Attachment "C" - SEPA Compliance for Implementing Approvals
ii
BR£rl£RTON CITY OF ORO $~$.00 Kitsap Co, [l~t
DEVELOPMENT AGREEMENT
THIS INITIAL DEVELOPMENT AGREEMENT ("Agreement") is entered
into effective ,2000, by and between the CITY OF
BREMERTON, a Washington municipal corporation ("City" or "Bremerton"), and
PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington
limited partnership ("Port Blakely").
RECITALS
A. Port Blakely owns approximately 440 acres located adjacent to the
City boundaries and within the designated Urban Growth Area for Bremerton, as
legally described in Attachment A ("Property") and shown on the map attached as
Attachment B. The City and Kitsap County each have approved the Port Blakely
Sub-Area Plan for the Property, which is incorporated herein by this reference ("Sub-
Area Plan"). The City, Kitsap County and Port Blakely have entered into a Three-
Party Agreement which deals with the annexation, processing and other matters
relating to the Property, which is incorporated herein by this reference.
B. Port Blakely desires to annex the Property into the City pursuant to
Chap. 35.13 RCW ("Annexation Statute"), which authorizes the City to enter into an
annexation agreement fixing the applicable zoning and other development standards.
Port Blakely has submitted its Annexation Petition for the Property, and the City has
provided a Notice of Intent to Annex to the Boundary Review Board.
C. Further, the legislature has authorized local governments to enter into
a development agreement with the owner of real property to establish certain
development rights (RCW 36.70B.170 et seq., "Development Agreement Statute").
Bremerton has implemented the Development Agreement Statute in Bremerton
Municipal Code (BMC) § 21.02.900.
D. Bremerton also has adopted the "Mixed Used District" (MXD) zoning
classification, which calls for adoption of a Development Agreement to set forth the
uses and development standards in the MXD zone.
E. This Agreement has been processed, considered and executed in
accordance with City and State requirements for annexation and Development
Agreements.
F. Port Blakely intends to develop a mixed-use light industrial,
commercial, retail and residential project ("Project") by providing a range of
employment and housing opportunities that would respond to identified and evolving
market conditions and the feasible capacity of planned infrastructure systems to
support them.
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BR£MERTO)4 CITY OF' ORD ~$.88 Kitsap Co, WA
G. 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 and the Sub-Area Plan
covering the Property, provide for services appropriate for development of the
Project, encourage an employment base with diversity of jobs, improve the City's
jobs-housing balance, effectively utilize resources within the City at a low economic
cost to its citizens and otherwise achieve the goals and purposes for which the
Annexation Statute and Development Agreement Statute were enacted.
H. In exchange for the benefits to Bremerton described in the preceding
recital, together with other public benefits that will result from the development of the
Project, Port Blakely 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.
I. Concurrent with the approval of this Agreement, the Bremerton City
Council, after a duly noticed public heating, made appropriate findings, including that
execution of this Agreement furthers the public health, safety and general welfare,
and that the development of the Property pursuant to the provisions of this Agreement
are consistent with the City's Comprehensive Plan, Sub-Area Plan, and the Three-
Party Agreement and the annexation ordinance for the Property.
J. Following annexation, Port Blakely will develop a Master Plan and
prepare a project-level EIS to further refine the Project. Upon the City's adoption of
the Master Plan, the City concurrently will consider and adopt additional
Development Standards as amendments to this Agreement to implement the Master
Plan.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreement, the parties agree as follows:
1. PHASED PROJECT PLANNING
1.1 Sub-Area Plan and Three-Party Agreement
This Agreement implements the Sub-Area Plan and Three-Party Agreement
applicable to the Property as adopted by the City Council in Ordinance No. 4722 on
September 20, 2000. Further, the ordinance adopting this Agreement acknowledges
the adoption of the MXD zoning applied to the Property simultaneously with its
annexation. The City and Port Blakely intend the Sub-Area Plan and the Three-Party
Agreement remain a part of this Development Agreement regardless of the outcome
of any appeal of the Sub-Area Plan to the Central Puget Sound Growth Management
Hearings Board, unless otherwise prohibited by law.
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BR£M£RTON CITY OF ORO $89.88 Kitsap Co, WA
1.2 Current (Threshold) and Future Development Standards
This Agreement incorporates by this reference, as if fully set forth herein, all
of the "Performance Standards" and other conditions listed in the Sub-Area Plan and
the obligations in the Three-Party Agreement (collectively adopted and referred to as
"Threshold Development Standards" under this Development Agreement). Further,
Port Blak¢ly and the City will adopt additional future Development Standards as a
result of the Master Plan to be prepared pursuant to Section 5 below. These future
Development Standards will cover subjects including but not limited to the following:
bulk, scale and dimensions; landscaping; parking and loading; road standards and
circulation; and desi~T~ guidelines. Upon the City's adoption of the Master Plan, the
City concurrently shall consider and adopt additional Development Standards as
amendments to this Agreement to implement the Master Plan.
1.3 No Development Until Master Plan.
No development of the Property shall occur until the City's approval of the
Master Plan and additional Development Standards by the amendment of this
Agreement.
2. PROJECT DESCRIPTION
The Project includes 440 acres, of which approximately 140 acres will remain
undeveloped due to critical areas, buffers and mitigation. See 3~ 4.1.21 of Sub-Area
Plan. Development of the remaining approximately 300 acres will consist of a
maximum of 2.25 million sq. fi. of light industrial, commercial and related economic
development land uses and up to a maximum of 100,000 sq. ft. of retail uses as
described in the Sub-Area Plan, with the actual amount specified in the Master Plan
based upon transportation analysis and the final amount of developable acres within
the Project. See generally 3~3~ 4.1.21(1) & (5); 3q~~ 4.4.21(1)-(8) of Sub-Area Plan.
Further, the Project is authorized for a maximum of 900 detached single-family
equivalent residences (or the equivalent of up to a maximum of 1,200 multi-family or
mixed use residential structures). See 3~ 4.1.21(6) of Sub-Area Plan.
The parties agree to abide by the thresholds for development as set forth in the
Three-Party Agreement, Subsections 6.1- 6.7 as quoted hereafter:
6. Sub-Area Plan Amendments. Unless the parties agree, all parities will
abide by the thresholds for development within the following sections
of the Sub-Area Plan:
6.1 Limitation on number of residences (900 single family- 1,200
multi-family in Sub-Area Plan 3~ 4.1.21(6).
6.2 Limitation of residential uses to no more than 1/3 of trips per
Sub-Area Plan 3~ 4.1.21(1).
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8R£M£RTON CITY OF ORD *30.88 Kitsap Co, W8
6. $ Off-site traffic generation from uses established within the
Project Area shall not exceed a total orS, 000 P.M. peak hour trips per
Sub-Area Plan ~ ,1.$.21(1).
6.4 Monitoring traffic and reporting at 1,500 P.M. peak hour trips
per Sub-Area Plan ~ q.$.21(2).
6.5 Limitation to 675 homes until pioneering businesses are
developed per Sub-A rea Plan ~ ,l. ,1.21(2).
6. 6 Retail uses shall be capped at 100, 000 square feet per Sub-
Area Plan ~4.1.21(5).
6. 7 Implementation of the recommendations (in the form of Master
Plan policies or other mitigation measures adopted at the time of the
Master Plan) of the following three environmental studies listed as
Items 3, 4 and 6 in volume II of the Port Blakely Sub-Area Plan, unless
those recommendations conflict with the goals, policies, performance
standards or projects set forth in volume I of the Sub-Area Plan or
with other EIS-related studies done for the Property: Recommendation
for the Protection of Aquatic Resources for the Port Blakely Kitsap
Lake Joint Planning Area, Associated Earth Sciences, Inc. (May 1999)
(item #3); Comments on Recommendations for the Protection of
Aquatic Resources, Reinelt Consulting (June 14, 1999) (item ~4); and
Storm Water Management Recommendations, Associated Earth
Sciences, Inc. (July 21, 1999 (item #6).
The Project as described in this Agreement and the Sub-Area Plan presents a
general concept for development. The City and Port Blakely recognize the precise
location, amount, pattern and intensity of proposed development, locations and
dimensions of roads or utilities, open space and trail corridors within the Property will
be developed through the Master Plan. Actual amounts, patterns and intensities of
development within the Project will respond to market conditions as long as
consistent with the overall Port Blakely concept, the Sub-Area Plan, the Three-Party
Agreement, and the provisions of this Agreement.
3. PROJECT ELEMENTS AND DEVELOPMENT STANDARDS
The Project Elements, "Performance Standards" listed in the Sub-Area Plan,
and other development standards and mitigation set forth in this Agreement and any
amendments hereto are collectively referred to as the "Development Standards," and
include the following:
3.1 Zoning; Density and Intensity Standards
Upon annexation, the Property shall be zoned Mixed Use District ("MXD")
under the Bremerton Municipal Code. The Project will contain the light industrial,
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BR£rl£RTON CITY OF ORD *39.88 Kitsap Co, WR
commercial, retail and residential uses at the densities and intensities consistent with
the Sub-Area Plan. The general permitted and prohibited use categories for the
industrial, commercial and retail portions of the Project are set forth in the Sub-Area
Plan. See 3~ 4.1.21(5) of Sub-Area Plan. More detailed use categories will be
developed and adopted as part of the Master Plan. The residential units may be
developed as a mix of detached single family or the equivalent of attached residential
units (i.e., townhouse, condominium, duplex or multi-family units) at the ratio of 1
single family detached unit = 0.75 attached unit, not to exceed 1,200 attached units.
Authorized residential density ranges from 4 to 8 units/acres, except 8 to 16 units/
acre are authorized to support the Project's central mixed-use service/retail area. See
~3~ 4.1.21(5) & (6) of the Sub-Area Plan.
The authorized 2.25 million square feet of industrial commercial uses and
100,000 square feet of retail uses refers to square feet of Gross Floor Area. "Gross
Floor Area" is defined as follows for purposes of this Agreement: the number of
square feet of total floor area bounded by the inside surface of the exterior walls of
the structure measured at the floorline excluding parking levels, vent shafts, elevator
shafts, stairwells, courts, upper stories of atriums and lobbys, mechanical floors or
areas, and outside balconies that do not exceed a projection of six feet beyond the
exterior walls of the building.
3.2 Roads/Transportation Standards
The Sub-Area Plan establishes Performance Standards for offsite traffic
generation, which are incorporated herein. See 3~ 4.3.21 of Sub-Area Plan. Further,
the City and Port Blakely will implement the Master Transportation Agreement as set
forth in Section 3 of the Three-Party Agreement. Road standards, access, circulation,
parking, loading and related Development Standards will be developed as part of the
Master Plan.
3.3 Water and Sanitary Sewer Standards
All development within the Project will be served by public water and sanitary
sewer. The City has issued a Conditional Water and Sewer Availability letter dated
May 17, 2000, reflecting adequate capacity, facilities and supplies to provide water
and sewer service to the Project upon satisfaction of specific conditions including
provision of onsite and offsite system improvements. Water and sewer improvements
required to serve the Project in phases are generally described in Table 13 of the Sub-
Area Plan. The City and Port Blakely will adopt mutually approved funding methods
for sewer and water facilities to serve the Project. Funding may include developer
extensions with latecomer reimbursement systems, local improvement districts for
other properties benefited by the improvements, credits against connection charges,
participation in any future authorized tax increment financing, or other mutually
approved funding methods.
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3.4 Stormwater Standards
The stormwater drainage system improvements shall be designed as part of
the Master Plan using the City's code and stormwater manual as required under Table
2A of the Sub-Area Plan. More stringent or alternative drainage standards may be
required to the extent applicable under 3~ 4.2.21(3) of the Sub-Area Plan. On-site
portions of the storm drainage system will be dedicated to the City or maintained
privately as determined in the Master Plan. Off-site portions of the storm drainage
system, such as along roads, will be dedicated to the appropriate jurisdiction.
3.5 Open Space, Recreation and Trail Standards
Required open space is established at approximately 140 acres (out of the total
440 acres) as described in 3g 4.1.21(3) of the Sub-Area Plan. Stormwater facilities and
buffer crossing to accommodate utilities, trails and circulation may occur within the
critical area buffers to the extent provided in Table 2A of the Sub-Area Plan. See 3g
4.1.21(3) of Sub-Area Plan. The Master Plan will include a coordinated system of
active and passive recreation spaces, including trails or open space corridors that link
major areas of the Project. See 3g 4.2.21(1) of Sub-Area Plan.
3.6 Capital Facility Standards
The Level of Service standards and funding sources for roads, water, sewer,
police, fire, parks/open space, schools and the other capital facilities and services set
forth in Table 11 and elsewhere in the Sub-Area Plan are adopted for the Project.
3.7 Other Standards
Any other Performance Standards or other conditions specified in the Sub-
Area Plan as Project requirements are incorporated herein by this reference. Further,
additional Development Standards will be developed as part of the Master Plan and
added to this Agreement by amendment.
4. SEPA; MITIGATION
4.1 SEPA Determination for This Agreement
The City and County adopted a "Determination of Significance/Adoption of
Prior Environmental Documents" for the Sub-Area Plan and Three-Party Agreement,
including annexation. The City continues to use phased review under SEPA (WAC
197-11-060(5)). The City has determined that this Agreement is within the prior
SEPA determination for the Sub-Area Plan and Three-Party Agreement since the
Project elements and Performance Standards and conditions of the Sub-Area Plan are
being adopted hereby, and no new project elements or standards are being adopted
with this Agreement. An EIS will be required as part of the Master Plan.
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4.2 Master Plan ElS
Port Blakely will prepare a project-level EIS as part of the Master Plan. The
EIS will be prepared by a third-party consultant selected by the City a~er County
participation in the consultation selection process, and Port Blakely will reimburse the
cost of the consultant. See Sec. 4 of 3-Party Agm.
4.3 SEPA Review After Master Plan EIS
The City and Port Blakely intend that once the Master Plan EIS is completed,
then that EIS will satisfy all SEPA requirements for build-out of the Project through
Implementing Approvals (defined in Section 6.). SEPA compliance for the Master
Plan will have analyzed a "Project Envelope" representing the maximum allowable
Project densities and intensities described in Section 3 above using the Threshold
Development Standards and mitigation measures approved in this Agreement, along
with the additional future Development Standards to be adopted as part of the
approval of the Master Plan ("Project Envelope"). The Project Envelope will be
implemented by a series of permits and approvals issued over a period of time, and
SEPA compliance for Project implementation will be conducted pursuant to
Attachment C, subject to future SEPA amendments to the extent they override
vesting under development agreements.
4.4 Mitigation.
Any mitigation measures specified in the final ElS as needed to avoid
significant adverse environmental impacts will become Project conditions of the
Master Plan. After completion of the Master Plan, the City and Port Blakely intend
that compliance with the Development Standards and other provisions of this
Agreement, as amended, will satisfy all applicable concurrency and level of service
requirements and constitute adequate and sufficient public facilities and services for
the Project unless modified by mutual consent.
5. MASTER PLAN PROCESS
Port Blakely and the City will prepare and consider adoption of a Master Plan
for the Project under the following procedures:
5.1 City Coordinator; Review
The City shall designate a lead person (either a staff person or City-retained
consultant) to coordinate the Master Plan review, including SEPA compliance,
engineering review, traffic analysis and other disciplines. Port Blakely will reimburse
the City for the cost of staff or consultant work in the review, adoption and
implementation of the Master Plan pursuant to a budget mutually approved by the
City and Port Blakely.
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BR£~I£RTON CITY OF ORD $89.88 Ki%sap Co, W~
5.2 Content of Master Plan
The City and Port Blakely will undertake studies necessary to develop the
Master Plan, such as a master drainage plan, environmental studies, transportation
and engineering analysis, a perimeter buffer plan (see 3~ 4.1.30B of Sub-Area Plan),
design guidelines for commercial structures (see 3~ 4.1.30B of Sub-Area Plan), a
monitoring plan (see 3~ 4.2.20F of Sub-Area Plan), open space and critical area buffer
monitoring (see ~ 4.2.30C of Sub-Area Plan), and other appropriate plans or studies.
Further, as provided in the Three-Party Agreement and Section 4.2.21(3) of the Sub-
Area Plan, the City, Kitsap County and Port Blakely by mutual agreement will select
and retain a third-party expert to evaluate the Master Plan EIS and environmental
standards £or onsite protections for fish resources and other critical resources. As
provided in the Three-Party Agreement, the City, County and Port Blakely each will
pay one-third of the costs of retaining that third-party expert. The City and Port
Blakely wish to avoid a duplicative process with separate consultants and engineers
for Port Blakely and the City. Consequently, the City and Port Blakely intend to
jointly designate independent consultants for these various plans and studies, which
~vill be funded by Port Blakely pursuant to a mutually approved budget and form
agreement.
5.3 City Review Procedure.
The Master Plan shall be developed by utilizing the procedures applicable to
development agreements under BMC 21.02.900 and 21.02.850, i.e. a Type IH
decision. The Master Plan's adoption by the City Council shall be in the form of an
amendment to this Agreement and shall add appropriate Development Standards for
build-out of the Project.
The project review will also comply with Sections 7.1 and 7.2 of the Three-
Party Agreement as quoted hereafter:
7.1 County Comment on Project Phases. Kitsap County
will be given the opportunity to review and comment upon
the Master Plan and each phase of the project within the
Property prior to approval by the City of Bremerton. The
contact person for the County who shall receive all notices
and materials from the City shall be the Director of
Community Development and delivered to the Kitsap
County Courthouse, 614 Division St., Port Orchard, WA
98366, or such other address designated by the County. If
the Property is developed in phases, the County will
complete its review within ten (10) working days after
receiving the plans for each phase.
7.2 Public Involvement. Project review shall include
public involvement and participation of interested property
owners, Tribes and appropriate agencies and groups. In
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BR£MERTON CITY OF ORD *3$.BB Kitsa~ Co, WFt
particular, the City during the environmental review
process shall seek input from the Suquamish Tribe.
5.4 Schedule.
The City Coordinator and Port Blakely shall develop and periodically revise a
schedule for completion of the Master Plan and EIS. Once the Master Plan is
submitted to the City, the City shall use reasonable efforts to diligently approve it,
including appropriate hearings and decision by the City Council.
5.5 Future City Processing of Implementing Approvals; Plats;
Binding Site Plans
As part of the Master Plan, the City and Port Blakely will determine whether
City processing of Implementing Approvals shall be conducted with a separate
review team or modified review procedures, or whether applications should be
processed under the City's existing code procedures. In either event, the Threshold
Development Standards set forth in this Agreement, as amended by the future
Development Standards adopted concurrent with the Master Plan, shall be applied.
As part of the Master Plan, the City shall review the establishment of one or more
binding site plans for industrial or commercial uses within the Project in accordance
with RCW 58.17.020(7) and .040(4). Further, the City will consider adoption of short
plat or long plat subdivision processes and boundary line adjustment provisions to
allow creation of legally conveyable lots.
5.6 Grants, LIDs, Etc.
The City and Port Blakely will cooperate and utilize their best reasonable
efforts to aid and facilitate the arrangement of mutually beneficial financial
mechanisms for the City, Port Blakely and subsequent users of the Property. Such
types of support might include, but not be limited to, the pursuit of revenue bonds,
local improvement districts, latecomer agreements, grants and other subsidies.
6. TERM; VESTING;
6.1 Term
The term of this Agreement shall continue for a minimum of twenty (20)
years, and shall continue thereafter unless and until either the City or the Port Blakely
(or successor owners which own at least 51% of the Property by assessed value,
excluding any City-owned land) gives notice of termination. The City's notice of
termination shall use the same notice procedures which would apply to a rezone of
the Project. The City shall mail notice to the Port Blakely under Section 7.14 and to
any business or homeowner association or community groups which the City in its
sole discretion determines should receive notice, but the failure to provide notice
pursuant to this sentence shall not affect the validity of the City's termination notice
using rezone procedures nor subject the City to any liability. Notice by the Port
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BR£M£RTON CITY OF ORO
Blakely (or successors) shall be delivered to the City as provided in Section 7.14 of
this Agreement. No sooner than six (6) months after the notice of termination, the
City shall hold public hearings and shall adopt zoning and related development
standards for the Property. Upon such adoption, this Agreement shall terminate and
thereafter the Property shall be governed by the adopted City zoning and related
development regulations.
6.2 Vesting
6.2.1 Project Elements and Threshold Development Standards
The Sub-Area Plan and Three-Party Agreement established the general project
elements and some of the initial performance standards applicable to the Port Blakely
Project, all of which have been incorporated into this Agreement as Threshold
Development Standards pursuant to Section 1.2. Consequently, in accordance with
the Development Agreement Statute, Port Blakely is vested to the Project Elements
and those incorporated Threshold Development Standards in Sections 1, 2 and 3
during the term of this Agreement, as modified under Section 6.2.2. Further, after
this Agreement is amended to adopt the additional Development Standards to be
established by the Master Plan, and any other subsequent amendment of this
Agreement, Port Blakely shall be vested to those additional Development Standards
during the Buildout Period. During the Buildout Period, all Implementing Approvals
shall be governed by these vested Development Standards. "Implementing
Approvals" mean the applications submitted after adoption of the Master Plan for
land use approvals, entitlements, and permits which implement the Project, including
but not limited to permits for grading, site development, building, infrastructure, plats
and boundary line adjustments, and other approvals. During the Buildout Period, the
City shall not modify or impose new or additional Development Standards, except as
follows:
6.2.2 CAO andStormwater Standards
Additional or modified Development Standards for critical areas or
stormwater may be imposed on the Project based on expert recommendations to the
extent provided in Section 4.2.21(3) and Table 2A of the Sub-Area Plan and Section 5
of the Three-Party Agreement.
6.2.3 Construction Standards
All applications for Implementing Approvals shall conform to the most
current versions of the Uniform Building Code, and Uniform Fire Code and similar
construction codes.
6.2.4 Review Fees
Except as otherwise provided in the adopted Master Plan, Port Blakely and
other applicants shall pay the City fees in effect on the date each Implementing
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Approval is submitted for processing. The parties' execution of this Agreement
acknowledges receipt of the filing fee for an application for a development agreement
under the City's code.
6.2.5 Other Fees
Except as otherwise provided in the adopted Master Plan, all utility
connection fees, impact fees (if adopted by the City), 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, but the amount of such fees shall take into
account the facilities installed by Port Blakely at its cost (and not at the cost of the
utility).
6.2.6 City's Reserved Authority
In accordance with RCW 36.70B. 170(4), the City reserves the authority to
impose new or different Development Standards to the extent required to prevent a
serious threat to public health and safety.
In addition, the identical provisions of Section 5.2 of the Three-Party
Agreement and Section 4.2.20(F) of the Sub-Area Plan apply as quoted hereafter:
During the Master Planning phase, a monitoring plan will be
developed for stormwater discharge areas from the project (See
Appendix Item 2, Task 11). The City will consult with the County,
the Suquamish Tribe and other interested parties in developing the
scope and duration of the monitoring plan for on-site and off-site
impacts. The data obtained through the monitoring plan will be
made available to the County, Tribe and other interested parties.
The monitoring plan will have periodic evaluations, and if
monitoring shows the project is causing significant adverse
environmental impacts, then the project mitigation measures for
subsequent phases will be adjusted.
6.3 Annual Review
After approval of the Master Plan, Port Blakely will submit an annual report
summarizing the status of the Project to the City Council outlining its progress,
infrastructure improvements completed during the preceding year, and general
conditions at the Project. Contents of the annual report shall include, but not be
limited to the following:
· Brief synopsis of application submittal and review process for
Implementing Approvals.
· Location and density of residential development as a result of
Implementing Approvals and predicted near future progress.
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~tR£~I£RTO~I CITY OF ORO ~8.88 Kitsap Co, W8
· Location and type of non-residential development resulting from
Implementing Approvals and predicted near future progress.
· Location and type of open space and recreational facilities provided
through the Implementing Approval process and predicted near future
progress.
· Location and type of on-site and off-site roads, utilities and other
infrastructure provided to date and projected construction schedules of
proposed infrastructure.
· Pioneering jobs report as defined in the Sub-Area Plan and Section 8
of the Three-Party Agreement. The jobs report will include analysis of
completed and proposed actions being taken to prepare and market the
employment sites and establishment of the threshold level of 500
pioneering jobs within the project.
The City's review and comments on Port Blakely's annual project review
report will take place within thirty (30) days after Port Blakely's submittal.
Comments received from City departments will be referred to the City Coordinator
for appropriate action. If no comments are received from City departments within the
review period, then the annual review will be deemed complete.
6.4 Due Diligence.
6.4.1 City Notice.
The City and Port Blakely recognize that numerous requirements will
affect the schedule and timing of development of the Project, including but not
limited to the following: infrastructure and utility planning, coordination, funding,
permitting and installation; environmental data collection; market conditions and
other forces beyond Port Blakely's control. If the City believes Port Blakely is not
diligently proceeding with the submission of the Master Plan and EIS, then at any
time after 36 months from the effective date of this Agreement, as extended for any
litigation, appeals or other causes beyond the reasonable control of Port Blakely, then
the City may deliver a written notice to Port Blakely. Any City notice will set forth
the City's requested specific actions and proposed timetable for Port Blakely to
complete the actions. The requested actions and timetable shall be reasonable and
reasonably capable of being accomplished. If Port Blakely completes the actions
within the timetable specified by the City, the Notice shall be deemed satisfied.
6.4.2 Mediation.
If Port Blakely and the City disagree over the actions or timetable in
the City's notice, or if Port Blakely has not completed the items within the timetable
specified in the City's notice, then either the City or Port Blakely can request
mediation. The parties will pay equally the mediator's fees and expenses. Within 14
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days following a mediation request, the parties shall seek to mutually select a single
mediator who is experienced in real estate permitting and development in the State of
Washington. If mutual selection does not occur within those 14 days, then the parties
may seek appointment of an mediator through application to the Kitsap County
Superior Court using the procedures of RCW 7.04.050, and the Court may select a
mediator who meets the criteria of real estate experience set forth in the preceding
sentence. The mediator shall establish procedures for submission of information and
hearing the positions of the City and Port Blakely and shall attempt to facilitate a
resolution of disputes between the parties regarding due diligence. The mediation
will constitute settlement negotiations for purposes of all state and federal rules
protecting disclosures made in settlement negotiations. Communication and material
submitted to the mediator are privileged and confidential and not subject to disclosure
consistent with RCW 5.60.070.
6.4.3 Mediation Report.
If the parties do not reach mutual agreement through the mediation,
then the mediator shall issue a written report within 60 days after selection of the
mediator. The written report shall not be binding on the parties, but shall contain the
mediator's conclusions and recommendations on whether (a) Port Blakely has
proceeded with due diligence or (b) Port Blakely should undertake additional
reasonable actions, on a specific timetable which is reasonably capable of achieving,
as set forth in the mediator's written report. If either the City or Port Blakely
disagrees with the mediator's report, including the reasonableness of the
recommended actions or timetable or whether the recommended actions were
achieved within the mediator's timetable, then either party may commence an action
in superior court under Section 6.4.4 below to determine whether Port Blakely has
met the due diligence provisions of this Section. Any court action shall be
commenced within thirty (30) days after the later of (i) the mediator's report or (ii)
Port Blakely failure to complete the mediator's recommended actions within the
recommended timetable. The mediation report shall not be used in any court
proceeding as evidence or for any other purpose without the written agreement of
both the City and Port Blakely. The mediator shall not be compelled to testify or to
divulge communications obtained during the mediation, subject to the exceptions set
forth in RCW 5.60.070, unless both the City and Port Blakely consent to such
testimony.
6.4.4 Compliance with Court Decision or Mediation Report.
If (a) a court determines Port Blakely has met the due diligence
provisions of this Section or (b) neither party appeals to superior court and Port
Blakely completes the mediator's recommended actions within the recommended
timetable, then the City's notice will be satisfied and this Agreement remains in full
force and effect for the Term set forth in Section 6.1. If a court determines Port
Blakely has not met the due diligence provisions of this Section, as the court may
modify the actions or extend the timetable in its discretion to meet due diligence, then
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20001 2290144
8RDI£RTON CITY OF ORD ~39.~8 Kitsap Co, Wfl
the City thereafter shall have the right to terminate this Agreement through a joint
planning process with Kitsap County as provided in Section 6.4.5 below.
6.4.5 Joint Planning Process.
The joint planning process will determine appropriate amendments to the land
uses and other provisions of the Sub-Area Plan for the Port Blakely Property, which
may include but is not be limited to reallocating the industrial, commercial or
residential uses to other sites. This Agreement will remain in full force and effect
until the effective date of any Sub-Area Plan amendment under this Section.
7. GENERAL PROVISIONS
7.1 Governing Law; Interpretation;
This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Washington. 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.
7.2 Authority; Severability
Bremerton and Port Blakely 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. The parties intend this Agreement to be
interpreted to the full extent authorized by law as an exercise of Bremerton'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. 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 after the court ruling, then either
party may initiate the dispute resolution proceedings in Section 7.12 for determination
of the modifications which implement the intent of this Agreement and the court
decision.
7.3 Integration; Amendment; Minor Modifications
This Agreement, along with the Sub-Area Plan and Three-Party Agreement,
represent the entire agreement of the parties regarding the Property, and there are no
other agreements, oral or written, except as expressly set forth in this Agreement. Any
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81~E~IERTON CITY OF 0R0 $3o.ee Kitsap C0, ~IA
amendment to this Agreement must be approved by each of the following: (a) the
City; (b) Port Blakely so long as it owns any portion of the Property and (c) a
Designated Successor, if any, for a specified portion of the Property. "Designated
Successor" is a successor owner specified in writing by Port Blakely as such a
successor or an association. No parcel owner or other person may seek an
amendment of this Agreement except Port Blakely or except a Designated Successor
as to that portion of the Property owned by the Designated Successor. Criteria for
Administrative Minor Modifications will be adopted as future Development
Standards when this Agreement is amended concurrent with the Master Plan.
Nothing in this Agreement modifies the requirements or process for amending the
Sub-Area Plan as set forth in Section 6 of the Three-Party Agreement.
7.4 Binding on Successors; Assignment; Enforcement
7.4.1 Binding Agreement
This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of Port Blakely and Bremerton. All successors in title to all or
any portion of the Property shall be bound by the terms of this Agreement.
7.4.2 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. Port Blakely
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 Port Blakely shall be released of
liability as to the property transferred.
7.4.3 Enforcement of Agreement
The City may enforce this Agreement. Port Blakely or any party responsible
for development of the Project designated by Port Blakely may enforce this
Agreement so long as it owns any portion of the Property. Any owner's association
established by Port Blakely may enforce all provisions of this Agreement as it relates
to portions of the Property covered by the association, at the earlier of (a) Port
Blakely's specific assi~ment of enforcement rights or (b) after the date Port Blakely
has conveyed all portions of the Property to third parties. Each individual parcel
owner may enforce the Development Standards and other provisions of this
Agreement as it directly affects that individual parcel.
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BR£M£RTON CITY OF ORD ~$ SS Kitsap Co, W8
7.4.4 Development Standard Modifications
Except where the City is authorized to impose additional Development
Standards under Section 6.2, any modifications of Development Standards shall
require the written consent of Port Blakely and the City.
7.5 Recording
Pursuant to RCW 36.70B. 190, this Agreement or a memorandum thereof 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.
7.6 Headings; Attachments
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. Attachments A through C are incorporated in the Agreement by this
reference as if fully set forth.
7.7 PBC as Agent
Port Blakely hereby designates Port Blakely Communities, Inc. ("PBC") as its
agent with authority to give notices, approvals and otherwise act pursuant to this
Agreement. Unless otherwise stated by Port Blakely to the City, the representations
and actions of PBC shall represent and bind Port Blakely.
7.8 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.
7.9 Disputes; Default and Remedies
7.9.1 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 Port Blakely shall
send an owner's representative and any consultant or other person with technical
information or expertise that relates to the dispute. Any dispute covered by Section 9
of the Three-Party Agreement shall be governed by its terms and not this Section.
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BR£I~ERTON CITY OF ORD ~$,~ Kitsal* Co, Wf~
7.9.2 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 cures 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.
7.9.3 Relief Against Defaulting Party or Portion of Property
In recognition of the anticipated sale(s) by Port Blakely 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 7.4.3, 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 Properly. 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.
7.10 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 certifying party, (a) no notice of
default has been sent under Section 7.9.2 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 on behalf of Bremerton pursuant to this section shall
be deemed an administrative matter and shall not require legislative action.
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200012290144
I IIIIII IIIII IIIII IIIIIII III IIIII IIII III IIIIIII II IIII o,
BREI1ERTON CITY OF ORD $~$.S0 Kitsalo Co, WR
7.11 No Third Party Beneficiary
This Agreement is made and entered into for the sole protection and benefit o£
the parties, their successors and assigns. No other person shall have any right o£
action based upon any provision o£ this Agreement.
7.12 Cooperation
The parties shall reasonably provide in£ormation, approvals or consents under
this Agreement. Thc 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 and Port Blakely will cooperate
to achieve the mutually agreeable goals as set forth in this Agreement, subject to
Brcmcrton's independent exercise of judgment. Where appropriate and consistent
with applicable law, Bremerton shall bc the lead agency under SEPA in implementing
this Agreement and Implementing Approvals. 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.
7.13 Delays
If either party 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.
7.14 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, retum receipt requested, and addressed as follows:
If to Port Blakely: PORT BLAKELY TREE FARMS LP
1325 Fourth Avenue, Floor 10
Seattle, WA 98101
Attn: James E. Warjone
Telephone: (206) 624-5810
Facsimile: (206) 624-9745
With a copy to DAVIS WRIGHT TREMAINE LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101-1688
Attn: Thomas A. Goeltz
Telephone: (206) 628-7662
Facsimile: (206) 628-7040
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BR£tl£RTON CITY OF ORO $~$.80 Kitsap Co, WA
If to Bremerton CITY OF BREMERTON
Building and Planning Department
286 - 4th Street
Bremerton, WA 98337
Telephone: (360) 478-5275
Facsimile: (360) 478-5278
With a copy to: CITY OF BREMERTON
City Clerk
239 - 4th Street
Bremerton, WA 98337
Telephone: (360) 478-5290
Facsimile: (360) 478-5200
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.
IN WITNESS WHEREOF, this Agreement has been entered into between the
City and Port Blakely as of the __ day of ,2000.
PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP)
a Washington limited partnership
By:
Judd Kirk, President of Real Estate Division
CITY OF BREMERTON
a Washington municipal corporation
By:
Lynn S. Horton, Mayor
APPROVED AS TO FORM:
By City Attorney
ATTEST:
Kathleen McCluskey, City Clerk
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I Illlll Illll Illll Illllll III IIII IIIIlll III IIlllll I[ Illl
BR£M£RTON CITY OF ORO 188.88 Kiteap Co, WA
LIST OF ATTACHMENTS
Attachment A - Legal Description of Property
Attachment B - Map of Property
Attachment C - SEPA Compliance for Implementing Approvals
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that LYNN S. HORTON is
the person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she 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 __ day of ,2000.
Type/Print Name
Notary Public in and for the State of
Washington residing at
My Commission expires
BR£~I£RTON CITY OF ORD ~35.00 Kitsap Co~ HA
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STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this __ day of ,2000, before me personally
appeared JUDD KIRK, to me known to be the President of the Real Estate Division
of PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington
limited partnership, 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 ,2000.
Type/Print Name
Notary Public in and for the State of
Washington residing at
My Commission expires
Ill [1111111111[ [Il Illll [llllll III IIIIIll II [Ill 0,
BR£~I£RTOH CITY OF ORO $89.$8 Ki~sap Co, Wfl
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ATTACHMENT A
LEGAL DESCRIPTION OF PROPERTY
That portion of Sections 7, 18, and 19 of Township 24 North, Range 1 East of the Willamette
Meridian in Kitsap County, Washington, described as a whole as follows:
Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and
Range; thence along the east line of said section 18, North 02033'36" East 2650.40 feet to the
east ¼ section comer of said Section 18; thence continuing along said east. line of said ~ection
18, North 02013'37'' East 2665.51 feet to the section comer common to Sectioris 7,' 8, 17 & 18 of
said Township and Range; thence along the east line of said Section 7, North 63o14'29" East
273.70 feet; thence South 49006'36'' West 394.86 feet; thence South 22°15'57" West 435.82
feet; thence South 51°04'39" West 573.87 feet; thence South 72°21 '49" West 281.90 feet to the
beginning of a 113 foot radius curve to the fight; thence northwesterly along said curve an arc
distance of 212.28 feet through a central angle of 107°38'11"; thence North 208.41 feet to the
beginning of a 80 foot radius curve to the left; thence northwesterly along said curve an arc
distance of 159.10 feet through a central angle of 113°56'42"; thence South 66°03'19" West
372.14 feet; thence South 24°07'12" West 254.43 feet; thence South 38°38'11" West 566.66
feet; thence South 05005'55" West [897.32 feet; thence South 12°50'21" West 833.49 feet;
thence South 07048, 19" West 495.35 feet; thence South 46°57'31" West 323.73 feet; thence
South 33°30'41" West 410.75 feet; thence South 17°32'08"West 860.92 feet; thence South 07°
4701" West 2094.94 feet to the beginning of a 599.00 foot radius curve to the left; thence
southeasterly along said curve an arc distance of 1356.06 feet through a central angle of 129°
42'36"; thence North 57059'25" East 911.61 feet; thence North 61035'44" East 692.67 feet to
the beginning of a 1239.00 foot radius curve to the left; thence northeasterly along said curve an
arc distance of 946.35 feet through a central angle of 43°45'45'; thence North 17049'59" East
1763.31 feet to the point of beginning.
BR£M£RTON OITY OF ORO ~80.88 Kitsap ¢o,
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ATTACHMENT C
SEPA COMPLIANCE FOR IMPLEMENTING APPROVALS
Upon receipt of any application for an Implementing Approval (defined in Section 6.2), the City
shall undertake SEPA compliance as follows:
Step 1 - Project Envelope Determination. First, the City shall determine if the requested
Implementing Approval applied for is within the Project Envelope. The City can request the applicant to
provided reasonable information (including for convenience an environmental checklist even if a
threshold determination is not required under this Step 1) to the extent needed to determine the requested
action is within the Project Envelope. If so, then the existing SEPA documents and analysis shall be
utilized and no further SEPA threshold determination is reqt~ired (see WAC 197-11-600(4)(a)): "Agencies
acting on the same proposal for which an environmental document was prepared are not required to adopt
the document.") If the application is beyond the Project Envelope, then a threshold determination is
required under Step 2 below.
Step 2 - Threshold Determination. If the requested Implementing Approval exceeds the Project
Envelope, then the City shall prepare a threshold determination, taking into account the existing SEPA
documents and analysis and the governing Development Standards under this Agreement which address
environmental mitigation for the Project. Any studies or other information requested by the City from the
applicant shall relate only to those potential impacts not adequately covered by the existing SEPA
documents and analysis. The City shall issue a determination of non-significance (DNS) or a mitigated
DNS (MDNS) utilizing an addendum or incorporating the prior SEPA documents and analysis to the
fullest extent possible, except an addendum or supplemental EIS (SEIS) shall be required if the conditions
in Step 3 are present. The City's approval of minor modifications under Section 7.3 of the Agreement
shall not be deemed a significant change which would require an SEIS.
Step 3 - SEIS. The City shall prepare an addendum or SEIS if there are:
3.1 Substantial changes to the Project so that the proposal or Project Envelope
described in the existing SEPA documents and analysis are likely to have significant adverse
environmental impacts not previously analyzed and which cannot be mitigated through the Threshold
Development Standards applicable to the Project (or revisions, additions and amendments to those
Development Standards); or
3.2 New information indicating the Project is likely to have significant, adverse
environmental impact not previously analyzed in the existing SEPA documents and analysis and which
cannot be mitigated through the Threshold Development Standards applicable to the Project (or revisions,
additions and amendments to those Development Standards).
If an addendum or SEIS is required, the City shall limit the scope thereof to the impacts which
required the additional analysis (e.g. the City shall utilize a focused scope and EIS).
Step 4 - Modified Development Standards. If the SEIS discloses additional mitigation is
required to avoid a serious threat to public health and safety hazards, then the Development Standards
applicable to the Project may be modified.
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BR£~I£RTON CITY OF . Kitsap Co, Wfl