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KITSAP CO CONIl�lISSIONERS
Road Access to Port Blakely Properties
Comm Devel
LEG 12-1
08/03/2009
06/15/2012
Perpetual unless City annexes property over which
Access Road constructed
Review date for tracking only
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INTERLOCAL AGREEMENT BE'�WEEN THE
CITY OF BREMERTON AND HITSAP COUNTY FOR ROAD ACCESS
I. RECITALS
WHEREAS, on December 6, 2000, the City of Bremerton ("City") enacted that
Ordinance No. 4739 annexing approximately 440 acres into the City of Bremerton in 2000, as
depicted on Exhibit A, (hereafter the "Property"), and
WHEREAS, a development proposal for the Property will need to comply with
the State Environmental Policy Act, RCW Ch. 43.21C ("SEPA"), and
WHEREAS, the City now has jurisdiction over the Property for planning and
development approvals, including but not limited to public roads and utilities, and
WHEREAS, based on the location of the Property, it is likely that an access road
or roads may need to cross portions of unincorporated Kitsap County, and
WHEREAS, the parties agree that it is in the public interest and consistent with
policies of the two jurisdictions to cooperate for the development and maintenance of an access
road or roads to the Property, and
WHEREAS, RCW Ch. 39.34 provides authority for jurisdictions to enter into
interlocal agreements;
NOW, THEREFORE, the City of Bremerton and Kitsap County agree as follows:
II. AGREEMENT
A. Parties. The Parties to this agreement are the City of Bremerton ("City") and
Kitsap County ("County"). The Parties agree as follows.
B. Lead Agency for SEPA. The Parties agree that the City will be the lead agency
for SEPA compliance for any development approvals sought for the Property, which for the
purposes of this Agreement includes, without limitation, any road access and utilities
connections that may need to cross portions of unincorporated Kitsap County to serve the
Property ("Access Road"). Kitsap County reserves the right to comment on development plans
and environmental review through the SEPA process and as otherwise provided by law. The
City agrees that it will consider the impacts to County Rights of Way when reviewing any
project associated with the Property, and will submit any conditions for approval that are
proposed by the County, to the proper review authority.
C. Access Road(s). The Parties recognize that any road designed to provide access
to the Property will primarily serve property within City boundaries, may tie into a City-owned
road and utilities system within the Property, and will facilitate development within the City,
from which the City will be the main recipient of property tax revenues. Therefore, it is the
Port Blakely Road Access
intent of this Agreement that the City shall be the agency responsible for review and decision
making over any permit applications for an access road to serve the Property, and furthermore
shall be responsible for the ownership and maintenance of any public roads constructed to serve
development within the Property, in accordance with Paragraph B, above.
1. Permitting and Maintenance. The Parties agree that if a landowner within
the Property, or its agent, shall seek to develop an access road to serve the Property, then the City
will be the permitting agency for road construction, and City development standards will apply.
The City shall accept and process such road permit applications, applying City permit review and
issuance procedures and development standards under City code as if the full extent of such
access roadway were within City boundaries. The City shall be responsible for construction,
ownership, and ongoing maintenance of any Access Road to the Property, including any segment
thereof outside of City boundaries as authorized by RCW Ch. 39.34, to the point of connection
with any existing County right-of-way, PROVIDED, however, that the City's responsibility to
own and maintain an Access Road under this Agreement is conditioned upon the right-of-way
being conveyed to the City by deed or dedication. PROVIDED further, that the County may
propose conditions for development approval upon a project proposal for the Property, where the
proposed condition is intended to mitigate impacts to County facilities.
2. Landowner Agreements. Nothing in this Agreement is intended to limit
the City's authority with regard to permits and approvals for development proposals for the
Property, including an Access Road. Nothing in this Agreement is intended to limit the City's
authority to enter into one or more agreements with any landowner within the Property regarding
development of the Property or an Access Road to the Property, including financing and
mitigation for project impacts.
3. Project Coordination. The Parties recognize that a future Access Road
may involve other property owners or affect or be affected by other project proposals. The
Parties agree to use good faith efforts to coordinate project reviews and requirements, and to
encourage cooperation among affected property owners.
D. Implementation, Term, and Miscellaneous Provisions
1. Administrator. The City shall_be the Administrator of this contract. As
Administrator, the City shall be responsible, at no cost to the County, for environmental review,
permitting and approval functions, and ownership, maintenance and repair of Access Road
improvements governed by this Agreement.
2. Effective Date. This Agreement shall be effective from the date that it is
(a) executed by the Parties and (b) recorded in the County Auditor's office or, alternatively,
listed by subject on a public agency's web site or other electronically retrievable public source.
The Mayor and County Commissioners shall execute the Agreement pursuant to authorization by
the legislative bodies of the two jurisdictions.
3. Term. The term for this Agreement shall be perpetual unless the City
annexes the unincorporated property over which the Access Road is constructed or unless
otherwise agreed.
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Port Blakely Road Access
4. Amendment. This Agreement may be amended by the express written
agreement of both Parties, which will require authorization by the legislative bodies of the two
jurisdictions.
5. Indemnifications. The City agrees to indemnify and hold the County
harmless for and from any third party claims or liability that arise under this Agreement or in
connection with the City's responsibilities for any Access Road, except as may result from the
negligence or contributory negligence of the County.
6. Policies and Re�ulations. The provisions of this Agreement are not
intended to and do not amend other City and County Policies. Other policies shall be interpreted
and applied consistent with the terms of this Agreement. The City may adopt additional policies
or regulations affecting the Property that are not inconsistent with the terms of this Agreement.
Notwithstanding this provision however, once this Agreement is executed, the City and the
County agree to terminate, as soon as practicable, the "Three Party Agreement" executed by the
City, the County, and Port Blakely Communities in September 2000 (KC-448-00).
7. Attorne s�Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own
attorneys fees, costs and expenses.
8. Counterparts. This Agreement may be signed in counterparts. which taken
together shall constitute the entire agreement. Signature by parties transmitted via facsimile or
electronically shall be acceptable and binding.
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY OF BR�MERTON, a Washington KITSAP COUNTY BOARD OF
municipal corporation COMMISSIONERS
B r � �� B
Y�
CECIL Mc ONNELL, Mayor Pro Tem CHARLOTTE GARRIDO, Chair
Date:
Date: � ,�J �
ATTES : By:
j STEVE BAUER, Commissioner
By: �
CAROL TGEN, Cit Clerk Date:
Date:
Port Blakely Road Access
Approved as t form: By:
JOSH BROWN, Commissioner
B
O R A. LUBOVICH, ' torney Date:
Date:�,Q2c G u S 7 � Z U v q
ATTEST:
By:
Date:
Approved as to form:
B
County Clerk
Sr. Deputy Prosecuting Attorney
Date:
R:\Legal\Legal�Files\Current Active Files�Port Blakely Property\Road [nterlocal Agreement - 6-1-09.doc
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Port Blakely Road Access
4. Amendment. This Agreement may be amended by the express written
agreement of both Parties, which will �quire authorization by the legislative bodies of tl�e two
jurisdictions.
5. Indemnifications. The City agrees to indemnify and hold the County
harmless for and from any third party claims or liability that arise under this Agreement or in
connection with the City's responsibilities for any Access Road, except as may result from the
negligence or contributory negligence of the County.
6. Policies and Re�ulations. The provisions of this Agreement are not
intended to and do not amend other City and County Policies. Other policies shall be interpreted
and applied consistent with the terms of this Agreement. The Ciiy may adopt additional policies
or regulations affecting the Property that are not inconsistent with the terms of this Agreement.
Notwithstanding this provision however, once this Agreement is executed, the City and the
County agree to terminate, as soon as practicable, the "Three Party Agreement" executed by the
City, the County, and Port Blakely Communities in September 2000 (KC-448-00).
7. Attorneys Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own
attorneys fees, costs and expenses.
8. Counterparts. This Agreement may be signed in counterparts. which taken
together shall constitute the entire agreement. Signature by parties transmitted via facsimile or
electronically shall be acceptable and binding.
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY OF BREMERTON, a Washington KITSAP COIJNTY BOARD OF
municipal corporation COM IONERS
By: By:
CECIL McCONNELL, Mayor Pro Tem CHARI,OTTE GARRIDO, Chair
Date:
Date: � � � 1 � 0 `J
ATTEST: By: � � ��
STEVE BAIJER, Commissioner
By:
CAROL ETGEN, City Clerk Date:_� �J� �� U �
Date:
Port Blakely Road Access
Approved as to form:
By:
ROGER A. LUBOVICH, City Attorney
Date:
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By: �,/ ��r..�....�.�
JO BROWN, Commissioner
Date: 7 � � ] � C 9
ATTEST:
By: � I� 0/(/
Cler of the Bo�rd -
Date: ] / � 7 � U y
Approved as to form:
i�
Sr. Deputy Prosecuting Attorney
Date:
R:U.egal\Legal�Fites\Current Active Files�Port Blakely PropertyUtoad Interlocal Agreement - 6-1-09.doc
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Port Blakely Road Access