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Home My WebLink About04/22/2015 AGENDA i i i i i CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Fj Phone (360)473-5280 APRIL 22, 2015 CITY COUNCIL STUDY SESSION Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the Council, the items will be placed on the May 6, 2015 Council Meeting Agenda. A. NO PRESENTATION PLANNED— The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 1. Confirm Appointment of Angela Perryman to the Arts Commission 2. Confirm Appointment of Jacquelyn Speare to the Arts Commission 3. Reclassification of"Lead Evidence/Property Control Specialist" to "Crime Scene/Lead Evidence Technician", with Wage Grade Adjustment from Grade 8 to Grade 12; and Budget Adjustment 4. Construction Contract with Michels Corporation for 2015 Sewer Rehabilitation B. BRIEFINGS & FULL PRESENTATIONS 5. Youth Wellness Campus Informational Update — Patricia M. Hennessy, Executive Director; and Bill Baxter, Board President 6. Block Grant Consolidated Planning Update — Marie Vila, Community Development Block Grant Program Administrator 7. Ordinance amending Bremerton Municipal Code (BMC) Section 15.02.130 entitled "Backflow/ Cross-Connection Control and Inspection" C. GENERAL COUNCIL BUSINESS 8. Audit Committee Briefing (4/16/95 Meeting)—Leslie Daugs, Chair 9. Other General Council Business As necessary... D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at(360)473-5323 at least 24 hours prior to the Council meeting. i . .youth wellnes' s campus advancing education. nutrition and overall health through collaborative partnerships Bremerton City Council April 22, 2015 AAwl • ~ t�:a kl-!-�-ks-I { - — lap-v -� 1 01 47 r l f �, Current State of the Campus -� C,. —_f=ur � � �' . ��t I'i � ' � � � w � — � � _ r E� ___ i a r t, A � . r:w \� t! .�� r. �a+w ��4� 1 �r� �� r �' � � ' . ;,,�. .r ��:. •`: ,,�, ` ry '�� { ' _ , � _ i ♦ J ! � , `. ,� {� ` ` t..�; ,�� . , . _�; - � f _ _�_ _ �_ tea;�� .. -_ _ ��.^4:� � 'w'.,. �, �` ,,,�4.' � y ;. �.�, /�' � •. ��4rrl; ��. �_ � __ _, � � 1 ,��- �� ,dYf1YY�1Mn .� !. i 1 I � z- � '� 1 �� i '`� .. � e � __� _ ._ ti� � �:..- � Jf� i �� e � i ��. �'�'� ! ,. �, threats to community and 10 economic development Campus development cannot move forward until there is a clear plan to remove the buildings Foundations, corporations and individuals are not investing due to lack of local jurisdictional and State support Birkenfeld grant funding has been retained — reluctant to invest in Bremerton moving forward Vagrant activity on the site and are taxing fire and police resources IR7114M-9v youth wellness campus next steps Form a Steering Committee to lead all efforts needed to remediate and remove existing structures & make gym into astand-alone structure Facilitated work session will determine other priority actions and needs and further development opportunities with an eye towards sustaining revenue Find financial resources to support the ongoing maintenance, repairs and operations of the property in its current state IR71 9ar youth wellness campus how can the city help .? • Serve as fiduciary agent and provide technical staffing support to help manage local, state and/or federal funding for Phase I of YWC development • Work with YWC, Bremerton School District Board, City officials, for-profit entities and the Council of Development Finance Agencies to develop tax or other incentives to encourage private investment in the develop of the site and possibly the entire parcel that the School District owns • Support a higher allocation from HUD for CDGB funding to go towards secondary and tertiary development of the Campus youth wellness campus youth Wetiness,campus ABOUT US LIMITED RESOURCES–LOCK OF ACCESS TO The Youth Wellness Campus(YWC) is a 501(c)(3) HEALTHY FOODS LEAD TO OBESITY nonprofit entity and the backbone organization of a . 41%of Kitsap households receiving food stamps public-private partnership in the early stages of have children development.When our campus is complete, it will represent amulti-million dollar investment in our • 35%of school-age kids in Kitsap qualify for the Free community's youth and their future well-being. and Reduced Lunch Program–63%of Bremerton School District kids qualify for the program The purpose of YWC is to provide a positive place for . 25%of 8th and 10th graders in Kitsap County are children to learn about the connections between nutrition and exercise and their own health and overweight or obese. wellness. We are deeply concerned about the ongoing THE CAMPUS_A BUILT ENVIRONMENT epidemic of childhood obesity in our community and hope to inspire and grow the next healthiest Aside from our desire to become the epicenter for generations! youth wellness,this project provides significant economic and community development opportunities To help children and families make better choices about for Kitsap County and the region.The build-out of the healthy living we will: property has several phases that include removing • Start early,build the foundation for life-long learning and existing buildings, renovating our one-of-a-kind offer diverse educational opportunities gymnasium, building a multi-use/tenant wellness • Deliver interactive programming to support learning center,creating working educational gardens that fundamentals that help children and families make produce locally sourced fruits and vegetables.There are better and healthier food choices also plans for a year-round farmers market and an • Provide access to services,information and programs open-air arts pavilion on the site. that support overall health and well-being and which lead to better self-esteem through accomplished goals Current partners in the project include the City of Bremerton, Bremerton School District, Kitsap Public WHY WEIOH4N ON OBESITY? Health District, Boys&Girls Club of South Puget Sound, Lindquist Dental Clinic for Children and other non- Research shows more than one-third of children and profits who share in our mission and vision. two-thirds of adults in America are obese or at risk for obesity. As our efforts advance,there will be additional • In 2012,the fast-food industry spent over$4.6 partnerships health care agencies, local chefs and billion dollars to advertise unhealthy products— farmers,sports and fitness organizations, early learning children and teens remain the key audience for that and educational groups and arts and music programs. advertising The master plan for the seven acre campus is the vision • Obese children have lower self-esteem and are 20% of world-renowned architect and Kitsap native Steven more likely to miss school than their slimmer peers Holl. Holl graduated from Bremerton's West High in 1966 and today is a celebrated architect with projects • 70-80%of obese children remain obese through around the world. Completion of the Campus is adulthood projected in three to five years. We estimate it will take • Each year obesity is responsible for$100+billion $18 million dollars to realize our plans and this figure dollars in direct US health care cost includes several years of operating revenue. For more information about the YWC,please contact Patricia M.Hennessy,Executive Director, at 206-200-8321 or patricia@youthcompus.org and visit our website–www.youthcompus.org. From: Christine Grenier on behalf of City Council Sent: Wednesday, April 22, 2015 2:55 PM To: 'Colleen Smidt' Cc: Patty Lent. Subject: Citizen Letter- Youth Wellness Center(Colleen Smidt) Ms. Smidt, Your comments will be provided to the Council Members for their review and consideration; and a copy will also be shared with Mayor Lent for her information. Your email will be included in the record for the April 22 Study Session. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 From: Colleen Smidt [mailto:smidtracinci(&hotmail.com] Sent: Wednesday, April 22, 2015 2:26 PM To: City Council Subject: Submission of Comment to the Bremerton City Council Good Afternoon, Please disperse this to all members of the Bremerton City Council. Regarding: Item B-5, Bremerton City Council Study Session, April 22, 2015 Youth Wellness Campus Informational Update—Patricia M. Hennessy, Executive Director; and Bill Baxter, Board President After review of the City of Bremerton City Council Study Session Agenda dated 4-22-15 and the report included in the packet that pertains to Agenda Item B-5, I feel it necessary to speak out on this subject based on my various avenues of participation with the City of Bremerton and the Bremerton School District. That includes my recent attendance at a series of special public School District meetings that were held specifically on the subject of existing facilities, how much space they currently offer, the ramifications of class reductions initiatives combined with the yearly increases in student enrollment that the district is experiencing and exactly what that is going to mean to the community in coming capital expansion considerations for district inventory property. The Youth Wellness Campus is a single partner within a group of partners that include the City of Bremerton, Bremerton School District, Kitsap Public Health District, The Boys and Girls Club if South Puget Sound and Lindquist Dental. i The report included in item B-5 is an extremely limited point of view from only one of these partners. The Youth.Wellness Center entered into a lease with the Bremerton School District for the site of what is to be the proposed campus. At that time the Youth Wellness Center(not the school district) became legally responsible for the buildings located within the parameters of that lease and was fully appraised of their condition and drain upon community resources. My personal recommendation as a taxpayer, citizen and parent of a Bremerton School District student, is that the Bremerton City Council table any activity or decision making in regards to possible funding involving the Youth Wellness Campus until reports, presentations and conversations with ALL of the partners involved have been submitted to the Council as part of the public record or taken place in an open meetings. This will ensure that a full and complete picture of all the partnership roles and responsibilities involved can be outlined and clarified for both the City Council and the community at large. Thank you, Colleen Smidt 1918 10th Street Bremerton, WA 98337 2 �o D Cit of Bremerton y Communit De�elo ment y p Blocky Grant Pro ram g Planning _ Future of Block Grant Citq of Bremerton Community Development Bloclq Grant Program A Strategic Vision - goals • Make Bremerton the best it can be • Find sustainable solutions to our challenges • Grow long-term prosperity for all • Strive for better, smarter, more effective use of funds City of Bremerton Community Development • Grant Program A Strategic Vision - why we're here Change... • Funding allocation has decreased since 2012 formula revision • Allocation process is excessive for the funding available & Opportunity • 2016 Consolidated Planning underway now • HUD Community Needs Assessment (April 14) points to a new direction (economic development and homeownership housing) • City Council request expressed an interest in exploring a new vision for the future of Block Grant City of Bremerton Community DevelopmentBloch • Program A strategic Vision - why we're here Current Conditions 1 . Declining funds — CDBG (34% single yr decrease 2011 -12; 38% decrease since 2004 high-funding mark) $700,000 ♦ $631,000 $596,956 $600,000 $500,000 $400,000 In 2012 HUD introduced $397,366 $393,554 $300,000 changes to the formula calculation for determining $200,000 funding allocations -to Bremerton's disadvantage $100,000 $0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 City of Bremerton Community DevelopmentBloch • Program A Strategic Vision - why we're here Current Conditions 1 . Declining funds — HOME (38% single year decrease 2011 -12; 56% decrease since 2009 high-funding mark) $500,000 $456,196 $450,000 , 400,825 $400,000 - N $350,000 $300,000 $250,000 $200,000 In 2012 HUD introduced $248,810 changes to the formula I $201,908 $150,000 calculation for determining funding allocations -to $100,000 Bremerton's disadvantage $50,000 $0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 City of Bremerton Community DevelopmentBlock Grant Program A Strategic Vision A new direction,. . . of Bremerton Community DevelopmentBloch • Program A Strategic Vision - a new direction Actions Accomplished 1 . Council support to move forward in a new direction • Economic Development and Housing focus • Treatment of Services funding option undecided • Do not maintain status quo • City of Bremerton has formally pulled CDBG funding out of the Coordinated Grant process • City HOME funding will continue to be allocated through Coordinated Grant process City of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision ® a new direction Actions Accomplished 2. 2016-2020 Consolidated Planning underway — Community Outreach • Community Needs Survey conducted in March • "Community Conversation" public meeting held 4/16 City • Bremerton Community DevelopmentBloch • Program A Strategic Vision e a new direction Actions Accomplished 3. Technical Assistance • HUD TA — Needs Assessment "to determine capabilities to develop and manage economic development activities under CDBG, including developing an economic development plan • EPA TA — Building Blocks for Sustainable Communities • EPA — other opportunities to support City's revitalization initiative • Job training programs (green industry) • Community facilitation tools City of Bremerton Community DevelopmentBloch • Program A Strategic Vision Community Outreach • Community Needs Survey • Community Conversation City of Bremerton Community Development Bloch Grant Program A Strategic Vision - Community Needs Survey Human services Human services are an important part of our community safety net. What are your top three human service program areas? Food and nutrition services(like food banks and meals-on-wheels) 18% Children and Youth programs(like after-school programs and mentoring) 17% Self-sufficiency programs(like literacy and financial education) 16% Homeless services 15% Health and substance abuse services 14% Domestic violence and abuse programs 10% Programs for special needs and disabled individuals(like vocational 5% programs) Programs for Senior citizens 4% City of Bremerton Community DevelopmentBlock • Program A Strategic Vision - Community Needs Survey Public facilities Facilities that serve the general public are critical to our everyday lives-like good roads and safe sidewalks,buildings and parks. Please indicate how important each of these public facility needs are to you. Fix sidewalks in heavily travelled, priority areas 19.1% Construction of a new homeless shelter 17.3% Create accessibility improvements for disabled individuals,such as curb- cuts in sidewalks 13.8% Construction of a new, multi-purpose community center 13.6% Upgrade existing parks and open space 13.2% Make repairs or upgrade community social services building(s) 12.7% Create new parks and open space 10.3% City of Bremerton Community DevelopmentBloch • Program A Strategic Vision - Community Needs Survey Housing A healthy community has safe, affordable houisng for many incomes and household types. Which housing programs do you think our community would benefit from most Minor home repair programs for low-income homeowner-occupied homes 20% More affordable rental housing 18% Upgrade and modernization of existing,single-family housing stock 15% More affordable homeownership housing 0=1 13% Upgrade and modernization of existing multi-family housing 11% Weatherization(insulation,weather-sealing,etc) 9% Classes for successful homeownership(maintenance,asset building,etc) 8% Fair housing and Landlord/Tenant Information 6% City of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - Community Needs Survey Economic development Economic development in our community can bring more jobs,help entrepreneurs start and grow business,and create a sustainable place for residents to live and work. Which economic development tools would best help our communities? better quality commercial space for businesses 4.49 modernization of older commercial buildings 3.93 loans programs for small-business owners 3.91 marketing for communities to attract new business 3.81 classes and training for existing and prospective business owners 3.67 more affordable commercial space for business 3.64 Industry-specific job and vocational training 3.54 City' of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - Community Needs Survey Top challenges facing our community What are the top challenges facing our community,in ranked order? Not enough jobs 6.99 Existing houses are in poor condition 6.10 Not enough affordable rental housing 5.78 Too hard to start a small business 5.12 Not enough shops and businesses near where I live or work 5.05 Too expensive to buy a home 4.62 Not enough services for low income people 4.33 Too few facilities for people with special needs 4.00 Not enough parks and open spaces 3.01 City of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - Community Conversation If you could make one change capable of transforming our community into a sustainable and thriving great-place to live and work, what would it be? • Economic Development (50%) • Community Development (33%) • Housing (17%) City,of Bremerton Community DevelopmentBloch Grant Program, A Strategic Vision - Summary 1 . Economic development • The greatest challenge and the key to change • Many issues come down to income 2. Managed Growth • Balance preservation and growth • Protect the things we value • Opportunities for the full spectrum of our population City of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - next steps Coming soon... • Partners (community stakeholders, property owners, etc) • Continued work with Technical Assistance grant providers • Blight designation data and renewal • Financing options (Section 108 Loan Guarantee and others) • Citizen Participation Plan • Policy planning (including allocation mechanism) City of Bremerton Community Development • • Grant Program A Strategic Vision - next steps Next update late May A look at the City's HUD Consolidated Plan data of Bremerton Community DevelopmentBlock • Program A Strategic Vision Questions From: Robert Gelder <rgelder@co.kitsap.wa.us> Sent: Tuesday, April 21, 2015 5:37 PM To: Greg Wheeler; Leslie Daugs; ablair@bainbridgewa.gov, axels@portofbremerton.org; berickson@cityofpoulsbo.com; bash by@ cityofpo rtorcha rd.us; Charlotte Garrido; chris@noo-kayet.com; City Council; estern@cityofpoulsbo.com; Edward E. Wolfe; jcartwright@cityofportorchard.us;jeromys@pgst.nsn.us;johnc@kitsaptransit.com; larrys@portofbremerton.org; Iforsman@suquamish.nsn.us; mcclure@kitsapregionalcouncii.org; Patty Lent; rpurser@suquamish.nsn.us; sbonkowski@bainbridgewa.gov;tmatthes@cityofportorchard.us; wroth@bainbridgewa.gov Cc: Dino Davis; Mike Sullivan;Jerry McDonald; Roy Runyon; Eric Younger; kbagwell@kbagwell-law.com; Roger Lubovich Subject: For your consideration: KRCC Voting Attachments: KRCC Voting Concepts 041515 rg2.pdf Dear KRCC Members Attached for your consideration and our discussion at the May 5th meeting is a proposal on potential changes to the voting structure of KRCC. This comes from the Board of County Commissioners, was shared with the KRCC executive committee members, and is meant to illustrate a possible "hybrid" voting scenario. It essentially lowers the threshold for day to day business, but maintains a higher threshold for approval of key policy documents/positions taken by the KRCC. We wanted jurisdictions to be able to review this concept prior to the May 5th meeting. Thank you for your time and attention. Robert Gelder, Commissioner Kitsap County District 1 360-337-7146 rgelder(aco.kitsap.wa.us www.kitsapgov.com . 1 KITSAP REGIONAL COORDINATING COUNCIL KITSAP COUNTY PROPOSED VOTING STRUCTURE REVISIONS Based on discussions by the KRCC'regarding the revisions to the operating ILA and particularly the voting structure of the organization,attached is Kitsap's proposed amendments.We believe that they address the quorum issue, allow flexibility in approving administrative actions,yet still maintains the proportional role of its members in large regional policy decisions. Action Quorum At least one member present All business from each of the cities and the county. Operational Items Simple Majority Minutes 1 vote per voting member Budget representative Staffing Funding recommendations from TransPol to PSRC Other administrative actions based on policy decisions Policy Items Current System Bylaws 2 Commissioners and 2 cities (3 Funding Formula/Dues Structure cities with CPPB) minimum to CPP Amendments approve County-wide Program/ Transportation Policies Work Program/Plan Other large regional issues or policy items Kitsap County Commissioners April 17, 2015 r ' L s �_ From: Andrea Spencer Sent: Thursday, April 23, 2015 9:40 AM To: City Council Subject: FW: Comprehensive Plan Goal Coordination Attachments: 20150423 UGA Association Request.pdf Lori— Here's a copy of the original email from Commissioner Gelder and a scan of the signed response letter for distribution to the Council. Andrea From: Robert Gelder [mailto:rgelder@co.kitsap.wa.us] Sent: Thursday, April 02, 2015 8:12 AM To: Greg Wheeler; Patty Lent Cc: Charlotte Garrido; Edward E. Wolfe; Karen Goon; Larry Keeton Subject: Comprehensive Plan Goal Coordination Mayor Lent and Bremerton City Council President Wheeler, I'm writing on behalf of the Board of County Commissioners. As we were discussing our 2016 Comprehensive Plan update and our desire to foster effective and responsible planning into the future with partner jurisdictions, we wanted to reach out to the leaders of the City of Bremerton to propose the joint development of a common goal in our respective plans in the next update. Our thought was that the common comprehensive planning goal would be directed at addressing the development of an Urban Growth Area Management Agreement between the City of Bremerton and Kitsap County that addresses the current associated urban growth areas and the potential of future association of others. Our thinking was that,given the work we have on our plate for our current update, we wouldn't have time to accomplish such an agreement prior to adoption of the update. However, we could make a commitment,through establishing a goal in the plan,to commence work on the effort following adoption and as the County commences additional work on our sub-area plans. If this would be of interest to the City, we would suggest setting up a meeting between us and our Planning Directors to initiate the conversation and development of a draft goal. I appreciate your time and consideration. Robert Gelder, Commissioner Kitsap County District 1 360-337-7146 raelder(abco.kitsap.wa.us www.kitsapciov.com i �_ C. I City of Bremerton - 345 6h Street, Suite 600, Bremerton, WA 98337 April 23, 2015 Commissioner Robert Gelder Commissioners' Office, MS-4 614 Division Street Port Orchard, WA 98366 RE: County/City Growth Management Planning Dear Commissioner Gelder: Thank you for your email dated April 2, 2015 regarding the County's desire to foster effective and responsible future planning for our respective comprehensive plans. The City of Bremerton looks forward to a collaborative joint planning process. The common goals that should be reflected in both the County and City Comprehensive Plans should be the association of all UGAs that are adjacent to the City of Bremerton. The City of Bremerton is the only City in the County with an adjacent unassociated UGA. Accordingly, the City is formally requesting that the County associate the Central Kitsap UGA to the City of Bremerton in your 2016 Comprehensive Plan Update. The City believes that associating this UGA would be the first step in our joint planning process. After association with the City of Bremerton, the City will be interested in moving forward with discussions regarding the establishment of an Urban Growth Area Management Agreement(UGAMA) for all associated UGA's. As you know, the City of Bremerton, Kitsap County, and Kitsap land owners entered into a settlement agreement in 2005 regarding an appeal of the City of Bremerton's 2004 Comprehensive Plan(attached). Section 1 of the agreement provides in part, "Bremerton agrees it will refrain from initiating annexation proposals for any property that is located outside of its UGA unless and until Kitsap County agrees and associates that UGA to the City of Bremerton." The City has upheld its portion of the settlement agreement by refraining from initiation of any annexations in unassociated UGA's and also amended all of our "Eventual Growth Maps" as required by the agreement. The City of Bremerton was not the only jurisdiction with obligations under this agreement. The agreement also requires Kitsap County to work to associate the currently non-associated UGAs. Section 3 of the agreement provides, "Bremerton and Kitsap County will proceed as provided in the CPPs and the MOA executed among the Cities of Bremerton&Port Orchard, the Port of Bremerton and the County to work to associate the currently non-associated UGA lands." It has now been more than 10 years since this agreement was signed, and the City believes that the major update of the Kitsap County Comprehensive Plan is the time to follow through with what was agreed to in 2005. The City further believes that the association of an unassociated UGA would be a good first step toward effective and responsible future planning for our respective comprehensive plans. We appreciate your attention to this request and look forward to Kitsap County associating the Central Kitsap UGA to Bremerton and working together on a collaborative planning process. Sincerely, Patty Lent Greg Wheeler Mayor City Council President Enclosure: Signed Agreement J SETTLEMENT AGREEMENT The City of Bremerton, Kitsap County, Overton & Associates, Coulter Creek LP, North Bay Properties LP, North Mason LP, South West Kitsap LP, and Alpine Evergreen Company, Inc. hereby agree to settle any and all disputes between them relating to Central Puget Sound Growth Management Hearings Board Case Nos. 05-3-0014 and 05-3-0017 in consideration for the following terms and conditions. 1. Bremerton agrees that: a. The Bremerton Comprehensive Plan Eventual Growth Proposal map does not designate or associate a present or future UGA boundary for Bremerton. b. Bremerton will not assert any"first in time" claim for annexing the SKLk area based upon its Eventual Growth Proposal map. C. The unincorporated zoning designations shown on Bremerton's Land Use Map have no legal effect. Bremerton agrees it will refrain from initiating annexation proposals for any property that is located outside of its associated UGA unless and until Kitsap County agrees and associates that UGA to the City of Bremerton. However,Bremerton reserves the right to initiate annexation of unincorporated land pursuant to RCW 35.13.180 or as otherwise allowed by law(not limited to the SKIA area)in the event that it requires annexation as part of a capital facilities/utility project. For the purposes of this Agreement, a capital facilities/utility project is one in which a discrete capital improvement for utility purposes is constructed on property owned by the City. It is not the provision of water, sewer or any other municipal service outside the city limits. 2. Bremerton will correct its Eventual Growth and Land Use Map designations, boundaries, and legends regarding SKIA to reflect the County Comprehensive Plan as presented as of April 1. 2005. 3. Bremerton and Kitsap County will proceed as provided in the CPPs and the MOA executed among the Cities of Bremerton&Port Orchard, the Port of Bremerton and the County to work to associate the curTently non-associated UGA lands. This Agreements 0 Yi: binding upon and inure to the benefit of the parties hereto and their respective heirs,personal representatives,successors and assigns. 5. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements,representations,warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Agreement. 6. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 7. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington. The captions SETTLEMENT AGREEMENT-1 � 1 throughout this Agreement are for convenience and reference only and shall not be held to expand, modify, amplify or aid in the interpretation,construction or meaning of this Agreement. 8. This Agreement may be signed in counterparts and shall be effective as of the last date of execution. The undersigned hereby declare that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted. CI=ET KITS By: Cary Bozeman y: Chris Endresen Its: Mayor Its: Kitsap County Commissioner Date: .fes. Date: gan COUNTY KITSAP COUNTY Angel By: Patty L Its: Kitsap County Commissioner Its: Kitsap ounty Commissioner Date: f 113 o Y Date: OVERTON &ASSOCIATES\ COULTER CREEK LP Its: C�waZA,--iIts: C- AAM Date: oS-ho Date: 15-ho �) NORTH BAY PROPERTIES,LP NORTH MASON LP 13y' :-L. �: � � By:' ` Its: C _ .w + n � Its: Date: Date: 57-116 A SOUTH WEST KITSAP LP` ALPINE EVERGRREEEN� COMPANY, INC. By:'- By: Resta -Raab Its: Its: Date: /1 b�b S Date: 5*!1 oS R:\LEGAL\Files\Current Active Files\City Comp Plan Appeal\SETTLEMENT AGREEMENT.doc SETTLEMENT AGREEMENT-2