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4110
KITSAP CO COMMISSIONERS/PORT BLAKELY COMMUNITIES
Three Party Agreement
Comm Devel
LEG 12-1
02/20/2000
08/10/2009
02/15/2011
01/01/2011
Agreement terminated by Ordinance #5086 & KC Ordinance
#432
TERMINATION:
THREE-PARTY AGREEMENT
[Bremerton, Kitsap County, Port Blakely]
THIS TERMINATION: THREE-PARTY AGREEMENT ("Termination"), dated
for reference purposes as the date of the last signature appended below, by the CITY OF
~REMERTON, a Washington municipal corporation ("City"), KITSAP COUNTY, a
Washington municipal corporation ("County"), and PORT BLAKELY COMMUNITIES,
a Washington corporation ("Port Blakely") is intended to terminate that THREE-PARTY
AGREEMENT entered into by the aforenamed parties in September, 2000.
RECITALS
A. The City, County, and Port Blakely entered into that "Three-Party
Agreement" effective September 26, 2000, applicable to 440 acres of property owned by
Port Blakely and depicted on Exhibit A (the "Property"). The Three-Party Agreement is
attached hereto as Exhibit B. The Three-Party Agreement appended a certain Sub-Area
Plan for the Property, (Kitsap County Sub-Area Plan - Port Blakely Joint Planning Area
(Volume I, Version 2.4, as amended August 29, 2000 and issued~September 8, 2000)
which both the County and City adopted as part of their respective Comprehensive Land
Use Plans (hereafter the "Sub-Area Plan").
B. On December 6, 2000, the City annexed the Property by enactment of
Ordinance No. 4739, consistent with the Three-Party Agreement.
C. Since annexation ofthe Property, both the City and County have adopted
updated Comprehensive Plans; which have superseded the Sub-Area Plan. The parties
acknowledge that the Sub-Area Plan no longer applies to the Property.
D. The County and City have approved an Interlocal Agreement between the
City of Bremerton and Kitsap County for Road Access, addressing access to the Property
and making certain other commitments regarding processing of development permits for
the Property, including consideration of County comments during project review under
the State Environmental Policy Act (SEP A).
E. The parties agree that in light of the provisions of the Interlocal
Agreement and other considerations, they desire to terminate the Three-Party Agreement.
Accordingly, the City has approved Ordinance No. 5086, on July 15, 2009, authorizing
termination of the Three Party Agreement; and the County has approved Ordinance No.
432, on July 27,2009, authorizing termination of the Three Party Agreement.
NOW, THEREFORE, the City of Bremerton, Kitsap County, and Port
Blakely agree as follows:
PE 3-Party Termination
ND: 15589.003 4851-1895-2963v1 8/3/2009
page 1
1. Each by their signatures below, the City, the County, and Port Blakely
approve termination of the Three-Party Agreement.
2. This Termination: Three-Party Agreement is effective on the date ofthe
last signature below. As ofthe effective date ofthis Termination; the Three-Party
Agreement is of no further force or effect.
3. This Termination may be signed in counterparts, which taken together
shall constitute the complete termination. Signature by the parties transmitted via
facsimile shall be acceptable and binding.
IN WITNESS WHEREOF, the City, County, and Port Blakely have executed this
Ternlination.
CITY OF BREMERTON, a Washington
muniCiP~~:O~ ~
BY:~~~?
CECIL MCCONNE~~or Pro Tern
Date: D g--- ,t 3 D 7
,
345 Sixth Street, Suite 600
Bremerton, WA 98337
Phone: (360) 473-5290/Fax: (360) 478-5200
rm:
GERA.LUB~~
Date:. ~(j-u l'r ., ( '"20 0 ~
KITSAP COUNTY BOARD OF
COMMISSIONERS
By:
CHARLOTTE GARRIDO, Chair
Date:
By:
STEVE BAUER, Commissioner
Date:
By:
JOSH BROWN, Commissioner
Date:
Kitsap County
614 Division Street, MS 4
Port Orchard, W A 98366
Phone: (360) 337-7146/Fax: (360) 337-4432
PB 3-Party Termination
ND: 15589.003 4851-1895-2963v1 8/3/2009
page 2
1. Each by their signatures below, the City, the County, and Port Blakely
approve termination of the Three-Party Agreement.
2. This Termination: Three-Party Agreement is effective on the date of the
last signature below. As of the effective date of this Termination, the Three-Party
Agreement is of no further force or effect.
3. This Termination may be signed in counterparts, which taken together
shall constitute the complete termination. Signature by the parties transmitted via
facsimile shall be acceptable and binding.
IN WITNESS WHEREOF, the City, County, and Port Blakely have executed this
Termination.
CITY OF BREMERTON, a Washington
municipal corporation
By:
CECIL McCONNELL, Mayor Pro Tern
KIT SAP COUNTY BOARD OF
COMM~ONERS L-
By: ~V k
CHARLOTTE GARRIDO, Chair
Date:
7 /J. 7/fJ1
I ,
Date:
345 Sixth Street, Suite 600
Bremerton, W A 98337
Phone: (360) 473-5290/Fax: (360) 478-5200
ATTEST:
By:
STEVE BAUER, Commissioner
~ )sLU~~
By:
CAROL ETGEN, City Clerk
Date:
7 /J.. 7 /0 t
Date:
o I-'>~~
Approved as to form:
By:
ROGER A. LUBOVICH, City Attorney
Date:
7/27/D1
Date:
Kitsap County
614 Division Street, MS 4
Port Orchard, WA 98366
Phone: (360) 337-7146/Fax: (360) 337-4432
PB 3-Party Termination
ND: 15589.003 4851-1895-2963vl 7/6/2009
page 2
")
PORT BLAKELY COMMUNITIES,
a Washington corporation, as agent for
Port Blakely Tree Farms (Limited
Partnership)
By: U'fp;c.f- -
ALAN BOE R, President
Date: g <./ D-D~
1011 NE High Street, Suite 200
Issaquah, W A 98029
Phone: (206) 225-230l/Fax: (425) 391-9028
ATTEST:
By:__/f) fJ P)v !-rb Mt; ~
I ,
Clerk ofthe Board "
Date: 7 /).. 7 / r7 1
f I
PB 3-Party Termination
ND: 15589.003 4851-1895-2963vl 7/6/2009
page 3
EXHIBIT A
Dn'SlNLET
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II ..
I
BREMERTON CITY LIMITS
1b_6U_~__IIl!'.......M6I""~""',."..._
PB 3-Party Termination
ND: 15589.003 4851-1895-2963v1 8/3/2009
page 4
+Browse: Next Previous First Last Update Delete Restart X - Exit +
+Retrieve the Next record +
+Found: 10 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 4110 +
+ +
+Vendor Name PORT BLAKELY/KITSAP CO +
+Subject SUB-AREA PLAN FOR PT BLAKELY JOINT PLANNING AREA +
+Department COMM DEVEL +
+Status Code GOV +
+ Amount +
+ Begin Date 02/20/2000 +
+ Insurance End Date 02/28/2015 +
+ Type Amount Review Date 02/01/2014 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments COMPLETE EITHER END DATE OR COMPLETION OF BUILDOUT +
+ +
+ +
THREE-PARTY AGREEMENT
[Bremerton, Kitsap County and Port Blakely]
THIS THREE-PARTY AGREEMENT ("Agreement") is entered into effective on
,2000, by the CITY OF BREMERTON, a Washington municipal corporation
("City"), KITSAP COUNTY, a Washington municipal corporation ("County"), and PORT
BLAKELY COMMUNITIES, a Washington corporation ("Port Blakely") to implement the Sub-
Area Plan for the Port Blakely Joint Planning Area.
RECITALS
A. ]?ort Blakely Tree Farms (LP) owns 440 acres which have been designated by the
County in its 1998 Comprehensive Plan as an Urban Joint Planning Area with the City .
("Property"). The City and County have adopted or will adopt the Sub-Area Plan for the Port
Blakely Joint Planning Area ("Sub-Area Plan") as an amendment to their respective GMA
Comprehensive Plans, including adding the Property to the County's Urban Growth Area for
annexation into the City. The Sub-Area Plan was developed through the joint planning area
process under Kitsap County Comprehensive Plan Policies UGA 6 through 13. A map of the
Property covered by the Sub-Area Plan is attached as Exhibit 1.
B. The City, County and Port Blakely desire to cooperatively review and implement
transportation solutions, environmental protection, economic development and coordinated
processing of annexation of the Property to the City and project approvals for the Property on the
terms set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. Nature of Agreement. This Agreement constitutes: (1) the interlocal agreement
referred to in the County's 1998 Comprehensive Plan Policies UGA 6 through 13; (2) a
development agreement between the County and Port Blakely pursuant to Chapter 36.70B RCW
as to the matters addressed herein, although matters not addressed or addressed only generally
are properly the subject of further development agreements between the City and Port Blakely,
SO long as their terms are consistent with this Agreement and the Sub-Area Plan; and (3) together
with the agreement required by Section 3.6.8 herein, the "annexation agreement" and "urban
growth management agreement" for the Property that are required by the Kitsap County-Wide
Planning Policy.
2. City Adoption of Sub-Area Plan; Annexation of Sub-Area. If the City has not
adopted the Port Blakely Joint Planning Area Sub-Area Plan prior to the effective date of this
Agreement, then the City will adopt the Sub-Area Plan as soon as masonably possible following
the County's adoption of the Sub-Area Plan. Upon adoption by both the County and City, the
Sub-Area Plan is incorporated into this Agreement by this reference.
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Within thirty (30) days after City adoption of Sub-Area Plan, Port Blakely will submit an
annexation petition to the City for annexation of the Property for development pursuant to the
Sub-Area Plan and the City's corresponding zoning and a further development agreement for the
Property. The County will support the annexation in accordance with this Agreement and the
Sub-Area Plan.
The parties will seek annexation as quickly as reasonably possible and believe the City
and boundary review board approval can be completed within twelve (I2) months after the City
adopts the Sub-Area Plan (which twelve month period shall be extended during the period of any
appeal of the annexation decision or appeal of the Sub-Area Plan ("Outside Date"). If for some
reason not anticipated by any party the annexation is not completed with City and any BRB
approval by the Outside Date then Port Blakely may cease its efforts to complete the annexation
if it reasonably determines annexation will not be achieved within another six (6) months. Until
the annexation is completed, the Property will have the Transitional Zone adopted by the County
in conjunction with the County's adoption of the Sub-Area Plan. If the annexation is not
completed by the Outside Date, and if Port Blakely thereafter notifies the County and City that it
is ceasing the annexation efforts, the Property automatically will be deleted from the potential
UGA and be designated as Interim Rural Forest (1 unit/20 acres) under the Kitsap County
Comprehensive Plan and zoning.
3. Master Transportation Agreement. The parties hereby adopt a Master
Transportation Agreement ("MTA") as set forth in this Section 3 to plan, design, permit, finance
and construct an economic transportation corridor extending from SR-3 at Werner Road to and
including the Port Blakely Property covered by the Sub-Area Plan and north to include Kitsap
Way/Chico Way, the Chico Interchange with SR-3, and the Kitsap Way Interchange with SR-3.
A map of the corridor area is attached as Exhibit 2.
3.1 Executive Committee. An Executive Committee is hereby established
consisting of the following persons, and their successors or designees, to provide overall
coordination and direction for the work to be performed under the MTA:
City
County Commissioner No. 3
Port Blakely Judd Kirk
Wash DOT
The Executive Committee will provide overall direction and guidance for the planning, design
and funding work under the MTA and its implementation. A primary task with the Executive
Committee is to seek funding for transportation projects from state and federal sources. The
Executive Committee shall adopt a schedule for the work and shall meet monthly or as often as
determined by the Executive Committee. Decisions of the Executive Committee shall be by
unanimous decision, but subject to the County's right to defer funds as set forth in Section 3.5
and 3.6.4.
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3.2 Project Advisory Committee ("PAC"). A project advisory committee
("PAC") is hereby established consisting initially of the following representatives of the parties
with technical expertise or their designees:
City
County DCD Director
Port Blakely John Adams
Wash DOT
The PAC will advise the Executive Committee and any consultants performing work pursuant to
the MTA.
3.3 Administrative Lead Agency. The City is designated as the lead agency
for administrative, accounting, SEPA and permitting purposes. As administrative lead agency,
the City will appoint a primary project manager who will be responsible for overall project
management, directing environmental review, preparation of plans and specifications, and
coordination of consultant and agency efforts. Funding for the project manager will come out of
the funding contributions of Port Blakely and/or the City under Section 3.6 (and may include in-
kind contributions from the City).
3.4 Grant and Funding Application. Each party will be a lead or co-lead
agency when requested by any other party or required as part of an application for securing of
state or federal funding, including but not limited to grants, TEA-21 funds or its successor, or
federal highway funds for any segment of the proposed improvements. However, if such
application involves matching local funds or repayment of loans using City or County funds,
then any such application shall be approved by the legislative body whose funds are being used
for the local match or loan repayment.
3.5 North and South Access Alignments. The improvements within the
transportation corridor will be built in phases. Preliminary information indicates that the south
access segment of the transportation corridor is the preferred access to be built first. However,
the Executive Committee and the PAC shall review the environmental impacts, costs and other
considerations to further evaluate whether the south access or north access should be built first.
The parties anticipate selection of which access to build first will be made by unanimous
decision of the Executive Committee, but if unanimous decision is not reached, then the City
may select the first access. If the City selects the north access first, then the County may defer
making its funding contribution until funding is needed for the south access as provided in
Section 3.6.4.
3.6 Funding Commitments. The City, County and Port Blakely each will
contribute $2,400,000 as follows:
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3.6.1 Port Blakely Initial $1,500,000 Funding. Port Blakely will pay
the initial costs of the corridor study and analysis under this MTA up to $1,500,000. This
funding will be used (a) to evaluate the overall corridor study to recommend the preferred
alignment for the south access and north access to the Property, (b) to provide information to the
Executive Committee for its decision whether the south access or north access should be built
first, and (c) for preliminary design, environmental review, permitting and construction of the
first access road.
3.6.2 City and County $1,500,000 Funding. After Port Blakely has
contributed its $1,500,000 pursuant to Section 3.6.1 above, the City and County (subject to
~eferral. in~.~gction 3.6.4) each shall contribute, on a 50-50 basis, $1,500,000 for work under this
~.;~'~lu~ling continuation of the planning, design, permitting, financing and construction of
improvements within the corridor.
3.6.3 Additional $900,000 Funding per Party. After the City and
County contributions under Section 3.6.2, Port Blakely shall contribute funds until it has
contributed an additional $900,000 (collectively $2,400,000). Thereafter, the City and County
(subject to deferral in Section 3.6.4) will contribute, on a 50-50 basis, an additional $900,000
(collectively $2,400,000 each). Port Blakely's $2,400,000 contribution is Port Blakely's full fair
share obligation and capped contribution for the south access and north access as follows:
(i) $1,500,000 for the south access (defined for purposes of Port Blakely's cap amount as the
new access road from the Property boundary through the intersection with Wemer Road); and
(ii) $900,000 for the north access (defined for purposes of Port Blakely's cap amount as that
portion of the corridor covering the new access road from the north boundary of the Property
through the intersection with Northlake Way or other collector road depending on the selection
of the final north access alignment). See Exhibit 3. However, the Executive Committee may
allocate and use funds in a different proportion or at different times subject to the following: (a)
sufficient funds shall be reserved or otherwise identified for the environmental analysis,
permitting and design for the second access to be built; and (b) the allocation of funds should
seek to maximize the additional funding needed (including matching grants) to implement the
transportation improvements planned for the corridor.
3.6.4 County Funding for South Access. Notwithstanding the
foregoing, the County intends its funding to be for the south access segment of the corridor
unless an alternative access is the preferred choice by unanimous decision of the Executive
Committee. Consequently, the County may limit its funding contributions to the south access
only, and may defer its contribution to the extent no funding is needed for the south access at the
time the County otherwise would be contributing its funding.
3.6.5 Additional Port Blakely On-Site and Off-Site Responsibility.
Port Blakely's $2,400,000 contribution for the south access and north access (as defined in
Section 3.6.3 above) shall not be used or credited against Port Blakely's responsibility (a) for on-
site road improvements within Port Blakely's Property, i.e., the project site, or (b) to meet Port
Blakely's funding responsibilities for other off-site improvements on Werner Road as it exists on
the effective date of this Agreement, at SR-3 or for any other roads in the enlarged transportation
corridor.
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3.6.6 Right of Way Dedication and Credit. The land located within
Port Blakely's Property which is dedicated for road right of way shall not be a credit towards
Port Blakely's $2,400,000 contribution. Port Blakely also is responsible to pay the costs of the
on-site road improvements within the Property, which costs are in addition to Port Blakely's
$2,400,000 contribution as provided in Section 3.6.5. Any right of way owned by the City or
County, as of the effective date of this Agreement, which is used for the south access or north
access shall be provided at no cost and shall not be a credit towards their respective contributions
under this Agreement. Notwithstanding the foregoing, if any party purchases off-site property
for right of way, the fair market value of the portion of the property used as right of way
purchase shall be a credit towards that party's respective contribution. This fair market value
may be the full cost of acquisition if the entire area is used for right of way or if the land left over
after the right of way dedication has little or no value. Any dispute over valuation of the right of
way shall be resolved by an appraisal by a mutually acceptable appraiser rather than dispute
resolution under Section 9.
3.6.7 Fair Share Contributions From Benefited Properties. The
parties will implement systems for fair share contributions from other property and real estate
developments located within a UGA which benefit from the study or improvements made in the
transportation corridor pursuant to this Agreement. These may include establishment of LIDs,
latecomer or similar reimbursements. Further, the City and County may impose mitigation
provisions on new projects that will impact the transportation corridor.
3.6.8 Compliance; Revenue Sharing. Each party's financial
participation is conditioned upon each other party's fulfilling the terms of this Agreement. The
City agrees to negotiate with the County for a revenue sharing agreement that ensures the City
and County will each recoup their total unreimbursed capital investment in approximately the
same time frame (and the parties acknowledge the City's capital investment in connection with
implementation of the Sub-Area Plan may exceed $2,400,000). This revenue sharing agreement
shall be fully executed before the County is required to contribute in accordance with
Section 3.6.2.
3.7 Additional Port Blakely Off-Site Transportation Contributions. The
impacts of the proposed project on Port Blakely's Property pursuant to the Sub-Area Plan will be
quantified during the Master Plan SEPA review process. The City will require mitigation from
Port Blakely for impacts on County roads using a formula based upon a fair share system. Roads
built within Port Blakely's Property to serve the project will not be claimed by Port Blakely as
credits or offsets against Port Blakely's contribution required for off-site road improvements.
3.8 Alternative Transportation. The Master Plan will identify specific
requirements to enhance the use of alternative transportation including: (a) design of all phases
of the project to be transit-supportive through planning of bus routes and convenient location of
bus stops and shelters (actual installation of facilities will be phased to meet demand and to
coordinate with available transit service to the site); (b) creation of a non-motorized circulation
system linking open spaces, residential areas, business areas and activity centers; and
(c) implementation of Transportation Management Plans as required under the Washington State
Clean Air Act, with those plans to be developed cooperatively with Kitsap Transit and requiring
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companies with 100 or more employees to develop a Transportation Demand Management Plan
to the extent required by state law.
4. Master Plan EIS. The City will prepare an environmental impact statement,
with Port Blakely to reimburse the costs thereof, as part of the Master Plan approval process
consistent with the analysis outlined in the Port Blakely Joint Planning Area Sub-Area Plan as
follows: Volume I, Table 2, "Preliminary Scope for Environmental Review--Land Use,
Housing, Aesthetics, Recreation, Historic and Cultural Preservation"; Table 3, "Preliminary
Scope for Environmental Review--Environmental Earth, Air, Water, Energy, Environmental
Health, Noise, Light and Glare;" Table 4, "Preliminary Scope for Environmental Review--
Traffic & Transportation;" and Table 8, "Preliminary Scope for Environmental Review--Urban
Services Public Services and Utilities." The EIS will be prepared by a third-party consultant
selected by the City after County participation in the consultant selection process. In addition,
Port Blakely will reimburse the City for the costs 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. Any mitigation measures specified in the final EIS as needed to avoid
significant adverse environmental impacts will become project conditions in the Master Plan.
5. Environmental Requirements.
5.1 Fish Habitat; Other Critical Areas. The Master Plan will include
policies and mitigation measures to protect fish habitat based on existing studies as provided in
Section 6.7 below. Further, the parties acknowledge that sustaining existing fish habitat and
protecting other critical areas are important goals of this Sub-Area Plan. In order to ensure that
the most appropriate environmental standards are applied to protect fish resources and other
critical area resources on and adjacent to the site and downstream, the City, County and Port
Blakely will, by mutual agreement, select and retain a third-party expert. The City, County and
Port Blakely will each contribute one-third of the costs associated with retaining the third-party
expert. The expert will evaluate studies and reports prepared during the Environmental Impact
Statement process and will recommend to the City which environmental standards should be
established for on-site protections for fish resources and other critical area resources.
The expert shall use the following criteria in determining which environmental standards
to recommend to the City as the most appropriate and effective for use in the Sub-Area to protect
fish resources and other critical area resources. The selected environmental standards shall be
based on those most likely and necessary to protect fish and other critical area resources using
the following criteria:
5.1.1 The environmental standards set forth in Exhibit 4, which are the
stricter of the provisions found in the City of Bremerton and/or Kitsap County Critical Area
Ordinances applicable to urban areas; or
5.1.2 The expert may recommend more stringent or alternative
environmental standards than contained in Exhibit 4 provided that (a) the standards in Exhibit 4
are determined to be inadequate to provide the recommended degree of protection and (b) the
recommended standards have been adopted and applied for private project mitigation by other
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Washington local governments (including the City or County) for fish habitat protection in urban
areas, or as otherwise agreed by the parties.
5.1.3 The environmental standards also shall comply with the
Endangered Species Act and implementing regulations.
5.1.4 The environmental standards also shall meet the requirements of
the Policy of Washington Department offish and Wildlife and Western Washington Treaty
Tribes Concerning Wild Salmonids adopted December 5, 1997 ("Policies"). The "requirements
of the Policies" mean the extent to which any portions of the Policies have been adopted as
regulations that govern private real estate projects. The Washington Fish and Wildlife
Department has stated "The policy is not a regulation and does not grant the Department any new
authority." [FAQs, www.wa.gov/wdfw/faq]. The~l~licies are a guide to the Department and
tribal parties in implementing existing statutes or as a framework for adopting new rules or
regulations. See Policies: Scope, Use andLimits of this Policy, ~14, at Pg 44.]
5.2 Monitoring. During the Master Plarming 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. Sub-Area Plan Amendments. Unless the parties otherwise agree, all parties 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 § 4.1.21(6).
6.2 Limitation of residential uses to no more than 1/3 of trips per Sub-Area
Plan § 4.3.21(1).
6.3 Off-site traffic generation from uses established within the Project Area
shall not exceed a total of 3,000 P.M. peak hour trips per Sub-Area Plan § 4.3.21(1).
6.4 Monitoring traffic and reporting at 1,500 P.M. peak hour trips per Sub-
Area Plan § 4.3.21(2).
6.5 Limitation to 675 homes until pioneering businesses are developed per
Sub-Area Plan § 4.4.21 (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
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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 BIakely Kitsa]v
Lake doint 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).
For any proposed future amendments of the Sub-Area Plan by the City not involving the 7
limitations set forth in this Section 6.1 through 6.7 above, the City will refer the proposed
amendment to the County for comment. If the County considers an amendment to be contrary to
the intent of the Sub-Area Plan, then the parties will enter discussions to attempt to resolve the
issue prior to action by the City.
7. Project Review.
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
particular, the City during the environmental review process shall seek input from the Suquamish
Tribe.
8. Cooperation for Economic Development. All parties will work diligently to
attract job-producing firms to locate within the Property as soon as feasible. City and County
officials will participate in meetings with prospective firms when requested by Port Blakely.
Until 500 pioneering jobs have been created, Port Blakely will make annual reports to the
Executive Committee on the actions being taken to prepare and market the employment sites
within the project, and the Executive Committee will discuss actions which each party to this
Agreement should take to facilitate the creation of jobs at the project.
9. Notice and Cure; Dispute Resolution. As provided in this Section 9, all parties
agree to mediation in the event ora failure to resolve any dispute relating to the subjects within
the scope of dispute resolution as defined in Section 9.3 below.
9.1 Notice and Cure. Any party who believes another party is not meeting its
obligations relating to a matter defined in Section 9.4 shall deliver written notice to all parties
specifying the alleged failure to perform ("Default Notice"). Within 7 days after delivery of the
Default Notice, all parties shall meet to resolve the dispute unless the party who was alleged to
C:\WINDOWS\TEMP~3-Party Final AGM (9-12-00).doc ~
not be performing delivers a written reply setting forth its agreement to perform as specified in
the Default Notice.
9.2 Mediation. If the dispute is not resolved within the 7 day period provided
in Section 9.1, then the parties shall mutually agree upon a mediator and complete at least 4
hours of mediation within 21 days after the Default Notice. The mediator shall be jointly
selected at the meeting to be held under Section 9.1. If mutual selection does not occur within
those 7 days, then any party may seek appointment of a mediator through application to the
superior court utilizing the procedures of RCW 7.04.050.
9.3 Scope of Dispute Resolution. The parties desire dispute resolution to be
a quick and efficient remedy for the subjects covered. Consequently, if the dispute is for a
subject covered by this Section 9, a Default Notice must be within 21 days after the party
discovers or has notice of a failure to perform, and if the Default Notice is not delivered within
said 21 days, then the claim for default is waived and no further enforcement or dispute
resolution action shall be commenced. Dispute resolution under Section 9 applies to the
following subjects: compliance by each party with its funding commitments under Section 3.6;
whether the Master Plan EIS includes the scope as provided in Section 4 above; whether the
Master Plan mitigation measures implement the requirements and conditions set forth in
Section 5 above; and compliance with the seven items in Section 6.1 through 6.7 above. Dispute
Resolution under Section 9 shall not apply to the following: amendment and comment provisions
under Section 6 (but dispute resolution shall apply to any dispute over compliance with the seven
items in Section 6.1 through 6.7); the County's comment rights under Section 7, or individual
permits or approvals for projects within the Property. Matters not covered by dispute resolution
may be enforced by appropriate judicial action.
I0. Forest Land Taxation. To the extent the owner of the Property is obligated to
pay a compensating tax upon removal of the land from forest land classification under RCW ch.
84.33, then the amount of such compensating tax shall be distributed to Kitsap County (whether
the compensating tax payment is distributed before or after annexation of the Property into the
City) in the same amount as if the compensating tax had become due for the Property prior to
annexation.
11. Term. This Agreement shall terminate at the earlier of completion of the buildout
of the Master Plan (as determined by a written notice from Port Blakely) or 15 years from the
effective date of this Agreement.
12. General Provisions.
12.1 Applicable Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
12.2 Entire Agreement; Amendment; Conflict. This Agreement represents
the entire Agreement between the parties on the subjects covered herein and may be amended
only by a written amendment signed by each party. In the event of any conflict between the Sub-
Area Plan and the provisions of this Agreement, this Agreement shall control.
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12.3 Attorneys' Fees. The prevailing party in any action to enforce this
Agreement shall be entitled to recover Attorneys' Fees and expenses actually incurred (including
in appellate proceedings), except payment of fees for Dispute Resolution under Section 9 shall
be governed by Section 9.
12.4 Binding Effect; Authority. This Agreement is binding upon and inures
to the benefit of the parties hereto and their respective successors and assigns. Each party
represents and warrants to the other that it has full right, authority and capacity to execute and
perform this Agreement, and each represents to the other that the person signing this Agreement
is duly authorized and has full authority to do the same.
12.5 No Third Party Beneficiary; No Partnership. This Agreement is made
solely for the benefit of the City, the County and Port Blakely. No third-party shall have any
rights under this Agreement and no term or provision of this Agreement shall benefit any person
or entity other than the undersigned three parties. Nothing in this Agreement creates any
partnership, joint venture or other arrangement between the parties except as specifically
provided herein.
12.6 Time of Essence. Time is of the essence of this Agreement. If the final
date for any time period set forth under this Agreement falls on a Saturday, Sunday or legal
holiday under the laws of the State of Washington, then the time period shall be extended to the
next day which is not a weekend or legal holiday.
12.7 Invalid Provision. If any provision of this Agreement is held to be
invalid, illegal or unenforceable under present or future laws, then that provision shall be fully
severable. This Agreement shall be construed and enforced as if such invalid, illegal or
unenforceable provision had never comprised a part of this Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by
such unenforceable provision.
12.8 Notices. Any notice or communication under this Agreement shall be
delivered to the parties at the addresses set forth by their signatures, or at such different address
as any party may designate. Every notice shall be in writing and is deemed delivered upon
receipt if personally delivered or sent via verified facsimile transmission, or within 48 hours if
deposited in the U.S. Mall.
12.9 Counterparts. This Agreement may be signed in counterparts, which
taken together shall constitute the complete agreement. Signature by the parties transmitted via
facsimile shall be acceptable and binding.
IN WITNESS WHEREOF, the City, County and Port Blakely have executed this
Agreement effective on the date of the last signature below.
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CITY OF BREMERTON, a Washington KITSAP COUNTY BOARD OF
municipal corporation COMMISSI .~, .S
By~ ~ ~ BYT.B .~/~-~
~sY M~L~ y'orH°rt°n B~
Dated: ~/,.~ ~/i-~ ~e~hris ,~4a~resen, Commissioner
286 Fourth Sfreet
Bremerton, WA 98337 By
Phone: (360) 478-5282/Fax: (360) 478-5278 Charlotte Garrido, Commissioner
Kitsap County Courthouse
614 Division Street
PORT BLAKELY COMMUNITIES, Port Omhard, WA 98366
a Washington corporation, as agent for Phone: (360) 337-7182/Fax: (360) 337-4925
Port Blakely Tree Farms (~imited Parmership)
By ~ f,,[~-' __ ATTEST:
Dated: ¢/Z~ ~ '~]'~An~*~r'~s~ f Clerk o f the Board
1775- 12thAve.'S.E. uite 101
Issaquah, WA 98027
Phone: (425) 391-4700/Fax: (425) 391-9028
Exhibits:
1 - Map of Property covered by Sub-Area Plan
2 - Map of Transportation Corridor
3 - Map of South Access and North Access
4 - Environmental S~andards for Fish Habitat
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SR 3
sl~cb~[g
CITY OF ~3REMERTON Exhibit 1
Project Location Map
ZONING AMENOM[NT Port Blakely Joint Ptanning Area
CHICO WAY/SR 3
KITSAP WAY/SR 3 i
PORT BLAKELY
JOINT PLANNING
AREA
(PBPA)
WERNER ROAD/SR 31
EXHIBIT 2
Transportation
Corridor Study Area
NORTHLAKE
WAY (OR OTHER
COLLECTORS)
PORT BLAKELY
PROPERTY
OUTSIDE PBPA
BOUNDARIES
PORT BLAKELY
JOINT PLANNING NORTH AND SOUTH ACCESS
AREA FUNDING COMMITMENTS
(PBPA) · PORT BLAKELY
· KITSAP COUNTY
· CITY OF BREMERTON
WERNER ROAD/SR 3 I
NOTE; · Transportation improvements within the PBPA will be Funded Exclusively by Port E~lakely.
· Off-Site Transportation Obligation Not Included in Funding Commitments, except for North
and Soulh Access.
Parametrix. Inc. po. Blakely1234-3137~905(08) ?100 (K)
EXHIBIT 3
Transportation
Access Diagram