RES 1014RESOLUTION NO.
A RESOLUTION approving a development agreement between
the City of Camas and Loyal Land Company,LLC,for a
residential development on property to be annexed within the City
of Camas.
WHEREAS,Loyal Land Company,LLC,is the owner of certain real property within the
Gregg Reservoir area subject to an Ordinance annexing real property pursuant to Ordinance No.
2407,adopted by the City Council of the City of Camas on June 13,2005,and
WHEREAS,publication of Ordinance No.2407 has not occurred pending negotiations of
a development agreement between the City of Camas and Loyal Land Company,LLC,and
WHEREAS,the property is zoned Rl -7.5,pursuant to Title 18 of the Camas Municipal
Code,and
WHEREAS,the parties have negotiated a development agreement which sets forth
certain development standards that will govern the development of the property,and allocates
capacity in the transportation system for the development of the property for the purpose of
meeting the concurrency requirements of the City’s Comprehensive Plan and Regulations,and
WHEREAS,the City Council scheduled a public hearing on the proposed development
agreement on June 27,2005,which public hearing was continued to July 11,2005,and
WHEREAS,the City Council has conducted a public hearing on the proposed
development agreement on July 11,2005,at which time it considered testimony from all
interested parties,and
WHEREAS,the City Council finds that the agreement has been reviewed by the planning
manager,and has been found to meet applicable planning requirements,and
WHEREAS,the City Council desires to approve the development agreement,
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS:
SECTION I
That certain development agreement between Loyal Land Company,LLC and the City of
Camas relating to certain real property to be annexed within the City of Camas,pursuant to
Ordinance No.2407 is hereby approved,and the Mayor is authorized and instructed to sign the
Resolution No.Page -2
agreement on behalf of the City.
SECTION II
The development agreement shall be recorded with the Clark County Auditor pursuant to
the requirements of RCW 36.70B.190.
U .day of ,2005.
SIGNED :
Mdyor
)ATTEST:NJ
Clerk
PPROVED as to form:
///
y v
City Attorney
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30.00 Clark County ,UPMILLERNPSHLLPPGRRECORDINGREQUESTEDBY
AND WHEN RECORDED RETURN TO:
James D.Howsley
Miller Nash LLP
P.O.Box 694
Vancouver,Washington 98666-0694
Loyal Land Company,LLC
City of Camas,Washington
Full legal description on Exhibit "A"
122997-000,123233-000,123207-000,123228-000
Grantor
Grantees
Abbreviated Legal
Assessor's Tax Parcel Nos.
Prior Excise Tax No.
Other Reference No(s).
N/A
N/A
DEVELOPMENT AGREEMENT
,20 OSEffectiveDate:
LOYAL LAND COMPANY,LLC,a
Washington limited liability company
(hereinafter referred to as "Developer");and
Parties:
THE CITY OF CAMAS,WASHINGTON,
a Washington municipal corporation
(hereinafter referred to as "the City").
Recitals:
Developer owns approximately 90 acres of undeveloped property currently
in the Camas Urban Growth Area ("UGA")governed by Clark County (hereinafter referred
to as the "Property"),legally described in Exhibit "A"attached hereto and incorporated
fully by this reference.
A.
As of the effective date of this Development Agreement (hereinafter
referred to as the "Agreement"),the Property is bordered by the Camas School District
property,which is bordered by the City to the west.
B.
DEVELOPMENT AGREEMENT -1
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MILLER NASH LLP PGR
The parties desire to enter into this Agreement to govern aspects ot the
development of the Property prior to the Property being annexed to the City and
Conditions once the Property is in the City.
C.
Pursuant to RCW 36.70 B.170(1),the parties are authorized to enter into this
Agreement which sets forth development standards and other provisions that apply to and
govern and vest the development and use of the Property.
D.
NOW,THEREFORE,the parties agree as follows:
Purpose.The purpose of this Agreement is to set forth conditions and terms that
shall apply to development of the Property.
1.
Agreement.In the event of any conflict between this Agreement and the City's
future approvals,this Agreement shall control.
2.
Zoning and Use Categories.The City has held two public hearings and has
agreed to zone the Property Rl -7.5.Nothing in this Agreement precludes the Developer
from requesting a Comprehensive Plan Amendment or rezone or developing the Property
or any portion thereof,as a Planned Residential Development.
3.
4.Term.The term of this Agreement shall be ten (10)years,unless amended or
terminated as specified under Section 6 of this Agreement.
Notices.All notices,demands,consents,approval or other communications which
are required or desired to be given by either party to the other hereunder shall be in writing
and shall be hand-delivered or sent by United States Mail,addressed to the appropriate
party at its address as set forth,or at such other address as the party shall have last
designated by notice to the other.Notices,demands,consents,approvals,and other
communications shall be deemed given when delivered two (2)days after mailing.
mmo.
Notices to the City:The Honorable Mayor Paul Dennis
City Hall -616 N.E.4th Avenue
Post Office Box 1055
Camas,Washington 98607-0055
With copies to :Knapp,O'Dell &MacPherson
430 N.E.Everett Street
Camas,Washington 98607
DEVELOPMENT AGREEMENT -2
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Notices to Developer:Loyal Land Company,LLC
Attention:Ben Sheldon
The Sheldon Company
201 N.E.Park Plaza Drive,Suite 120
Vancouver,Washington 98684
James Howsley
Miller Nash LLP
PO Box 694
Vancouver,Washington 98666-0694
With copies to:
6.Effect of Agreement.
Pursuant to RCW §36.70B ,180,unless amended or terminated,this
Agreement is enforceable for the term set forth above by either party to this Agreement.
(a)
(b)Pursuant to RCW §36.70B.180,this Agreement and development standards
set forth herein shall not be subject to amendments for the term of this Agreement.
Definitions.Words not defined in this Agreement shall be defined in the City of
Camas code,the Washington Administrative,the Revised Code of Washington,or by the
Courts of the State of Washington.Words not found in either code shall be defined as in
the Webster's Third New International Dictionary,latest edition.
7.
Director.The City of Camas Public Works Director.(a)
8.Applicable Development Standards.
Riparian Areas.The Developer stipulates to a fifty (50)foot buffer for the
stream pursuant to a Class II stream class pursuant to CMC 18.31 .070.
(a)
(b)Wetlands.
(i)The Developer stipulates to a twenty-five (25)foot buffer for the Class
IV wetland onsite.
(ii)The Developer stipulates to fifty (50)foot buffers for the Class III
wetlands onsite.
(iii)Wetland fills greater than one-tenth (1/10)of an acre should be
approved by the City if formal wetland permits from state or federal agencies are received.
Elimination of Strict Phasing Requirements.If Developer elects to develop as a
Planned Residential Development the Director may waive the one (1)year requirement of
CMC 18.23.130 if development proceeds along an accepted timeline for completion.
9.
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10.Future Road Plan and Road Improvements.
The Developer and City will work together to plan for road circulation to
serve future development of surrounding properties.A traffic impact fee study update
shall be completed by the City prior to preliminary approval of the development.The City
will designate the traffic engineering consultant and the transportation analysis zone of said
study.The traffic impact fee study will be the product of the City and as such shall be
overseen and approved by the City Council.It is recognized that the timeframe for City
implementation of this study will be subject to funding.In order to expedite the study,the
Developer may elect to fund the study with repayment of the study through traffic impact
fee credits.If Developer elects to fund the study,the City will exercise its best efforts to
complete the study within 120 days from receipt of funding from Developer.
(a)
In the event that the Developer is required to provide for offsite road
improvements as identified in the study update,the City will work to include these
improvements on the transportation improvement plan and/or capital facilities plan,
provided the offsite road improvements are collector level arterial or greater,so that
Developer may recover transportation impact fee credits.
Reservation of Transportation Capacity.If offsite road improvements are
required in order to maintain an adequate level-of-service for transportation,the Developer
agrees to work with the City to identify the necessary improvements.The City agrees that
transportation capacity shall be reserved for the Property if Developer provides regional
solutions to maintain an adequate level-of-service.If under an accepted traffic analysis the
Developer's project meets concurrency pursuant to the accepted level-of -service the City
will reserve capacity for those trips.
(b)
11.
12.Sewer and Water Capacity.
The Developer is responsible to provide necessary onsite infrastructure and,
if applicable,off site infrastructure to meet the project demands.The City agrees to work
with the Developer on infrastructure that has a regional component through system
development charge credits if available or a latecomer agreement.
(a)
Upon the approval of this Agreement,the City shall use its best efforts to
include the necessary water and sewer improvements on its capital facilities plan in 2006
that serve a regional need.
(b)
Developer shall be eligible for system development charge credits for any
offsite improvements for water and sewer capacity in excess of the development need if
said improvements are listed in the capital facility plan as creditable.The Director will
determine at the time of application for development if a latecomer agreement may be
appropriate.
(c)
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The City agrees to use its best efforts to identify and work with Developer
in the acquisition of a location to construct a water tower to serve the Property and
surrounding properties.
(d)
Notwithstanding (a)through (d)above,Developer shall have the right to
investigate and propose interim measures to meet the specific sewer and water service
needs for development of the property.Such interim measures may allow service and
facility extension without hampering or impinging progress towards implementation of the
2006 capital facilities plan or amendments thereto.The City shall have the final decision
on the use of any interim measures.If allowed the Developer will bear the full cost of
investigation,design and installation of such measures.Use of interim measures does not
relieve the Developer of costs nor provide credit toward the associated costs of the final
capital requirements to meet the needs of the entire development.
Mutual Cooperation.The City and Developer covenant and agree that they shall
mutually cooperate and perform all acts necessary or appropriate to discharge all
obligations contained in or contemplated by this Agreement,and with respect to any other
matters which may arise affecting the development of the Property.Without limiting the
foregoing,the City agrees,consistent with its laws and regulations,to cooperate fully in
the development of the improvements and the development of the Property,including but
not limited to the granting of all permits,easements,licenses,approvals,and consents
necessary or appropriate for the construction and subsequent operation of the development
of the Property and/or the improvements,including but not limited to the construction of
necessary infrastructure improvements or new facilities to convey water,sewer,and
transportation.
(e)
13.
Additional Impact Fee Credits and Latecomer Fees .Nothing contained in this
Agreement shall preclude Developer from receiving additional impact fee credits and
system development charge credits to the extent available under the terms of the Camas
Municipal Code and/or latecomer fees pursuant to a latecomer agreement.
14.
Default and Remedies.In general,each of the parties hereto may pursue any
remedy at law or equity available for the breach of any provision of this Agreement.
15.
DEVELOPMENT AGREEMENT -5
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Recordation of Agreement.Subject to the terms hereof,the provisions of this
Agreement shall extend to,bind and inure the benefit of the parties hereto and their
respective personal representatives,heirs,successors and assigns as a covenant running
with the Property.This Agreement shall be recorded with the real property records of
Clark County.This Agreement is binding on the parties hereto,their heirs,successors,and
assigns.
16.
Entire Agreement.This Agreement constitutes the entire agreement between the
parties and cannot be terminated,changed or modified ,other than by a written agreement
executed and approved by both parties.
Severability.In the event any provision,clause,term,covenant,or condition of
this Agreement or the application thereof to any person or circumstance,shall be held by a
court of competent jurisdiction to be void,invalid or unenforceable as written,the parties
intend and desire that the remaining provisions,clauses,terms,covenants,or conditions of
this Agreement shall continue to be valid,fully effective and enforceable,as permitted by
law.
17.
18.
Section Headings.With the exception of Section 7,the definition section,the use
of headings,captions and numbers in this Agreement is solely for the convenience of
identifying and indexing the various provisions in this Agreement and shall in no event be
considered otherwise in construing or interpreting any provision and this Agreement.
Interpretations and Governing Law.The laws of the State of Washington shall
govern the validity,construction and performance of this Agreement.The federal and state
courts sitting in Southwest Washington and/or Clark County shall have jurisdiction over
claims arising under this Agreement and each party consents to such jurisdiction.
Time of the Essence.Time is of the essence in this Agreement and the City agrees
to expedite the approval of this Agreement,provided the notice and hearing requirements
are met.
19.
20.
21.
Singular and Plural.Wherever appropriate in this Agreement,personal pronouns
shall be deemed to include other genders and the singular to include the plural.
22.
No Third-Party Beneficiaries.This Agreement represents the entire Agreement
between the Developer and the City with regard to development of the Property and all
prior agreements oral or written are superseded hereby.This Agreement is for the benefit
of the City in its duty to provide for public health,safety and welfare.This Agreement is
for the benefit of the Developer to provide assurances as to development standards.This
Agreement creates contractual rights only between the Developer and the City,and the
City has no lien rights in or to the Property.
23.
DEVELOPMENT AGREEMENT -6
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Exhibits Incorporated.All exhibits to this Agreement are incorporated herein and
made a part hereof as if fully set forth herein.
24.
Counterparts.This Agreement may be executed in multiple counterparts,each of
which shall be deemed an original,but all of which,together,shall constitute one and the
same instrument.
25.
Approvals,Elections and Consents to Be in Writing.All approvals,elections
and consents contemplated by this Agreement shall be in writing signed by an authorized
representative of the party granting such approval or consent or making such election.Any
approval,consent or election,which is not in writing,shall not be effective.
Waiver.Pursuant to RCW §36.70 B.170 (1 )development agreements are to be
consistent with applicable development regulations to the effect this Agreement deviates
from existing development regulations,Developer agrees to the development standards set
forth in this Agreement.
Reserved Authority.Pursuant to RCW §36.70 B.170(4)the City reserves the right
to impose new or different regulations to the extent required by a serious threat to public
health and safety.
26.
27.
28.
Public Hearing.A public hearing is required by RCW §36.70 B.220.The City has29.
approved execution of this Agreement by ordinance after a public hearing.
DATED this 'V day of ,20 OS".
CITY OF CAMAS LOYAL LAND COMPANY LLC
Mayor Paul Dennis Ben Sheldon,Member
Attest:/
y cw u —-
Donald Holsinger,Member
Gazelle Group,LLC,Member
Approved as to form :
'/
Pavia M.Pitassi ,Managing MemberRogerKnapp,City Attorney
DEVELOPMENT AGREEMENT -7
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State of Washington )
)ss.
)County of Clark
I certify that I know or have satisfactory evidence that bon^id
is the person who appeared before me,and said person acknowledged that he/she signed
this instrument,on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:I S Q >2005.
of Levycu Lst-gj LiCto be the free
L-•M yJLkjJiAio -
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Notary Public for Washington
L .A-dicJ '-n
(Printed or Stamped Name of Notary)
Residing at
My appointment expires:
State of Washington )
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County of Clark )
S hIcertifythatIknoworhavesatisfactoryevidencethat£gy\
is the person who appeared before me,and said person acknowledged that he/she signed
this instrument,on oath stated that he/she was authorized to execute the instrument and
of LsyU Co Lt-C_.to be the freeacknowledgeditastheM
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:i <4 ,2005.
L M \JU\U>X 40 SL
Notary Public for Washington
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(Printed or Stamped Name of Notary)
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DEVELOPMENT AGREEMENT -8
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State of Washington )
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County of Clark )
I certify that I know or have satisfactory evidence that ’baa 'd U .1’,'fass ,
is the person who appeared before me,and said person acknowledged that he/she signed
this instrument,on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the Ma.nqg.otj f~\of G&z<±.l tc.(S-g up LJJL-to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:/4 ,2005.
L..LA MLJLLJL <jo
Notary Public for Washington
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Residing at VAR.vyHCu .u cV
My appointment expires:/•M'Sh
State of Washington )
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I certify that I know or have satisfactory evidence that PAUL TP-itiii-s
is the person who appeared before me,and said person acknowledged that he/she signed
this instrument,on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the
and voluntary act of such party for the uses and purposes mentioned in the instrument.
of to be the freeh^o&.C.ITi|a?CAMA6
Dated :IULN 14 ,2005.
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Notary Public for WashingtonJAMESMHODGESSTATEOFWASHINGTON
NOTARY-•-PUBLICMyCormuionExctoD#c.15,2005
JMD££L ML./4CC£E ^>
(Printed or Stamped Name of Notary)
Residing at \J/4AJ£CU \JEJL
My appointment expires:L^l£hS.
DEVELOPMENT AGREEMENT -9
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LAND SURVEYORS
ENGINEERS
E N G I N E E R I N G I N C .
(360)695-1385
1111 Broadway
Vancouver,WA
98660
LEGAL DESCRIPTION FOR LOYAL LANDS COMPANY,LLC
Annexation Legal
April 5,2004
Government Lots Five (5 ),Six (6)and Seven (7),and the Fractional Northwest quarter of the
Northwest quarter of Section One (l ),Township One (1 )North,Range Three (3)East of the
Willamette Meridian.Together with an easement for ingress,egress and utilities as set forth in
documents recorded under Auditor’s File Nos.9009180097 and 9106140202.
ALSO:
A parcel of property in the Terril M.Coffey Donation Land Claim and being a portion of the
North half of Section 1 ,Township 1 North,Range 3 East of the Willamette Meridian,Clark County,
Washington ,described as follows:
COMMENCING at the most Southerly Southeast comer of the Terril M.Coffey Donation
Land Claim;thence North 00°48'05’*East along the East line of said Coffey Donation Land Claim,
736.92 feet;thence North 89°58'23"West,468.60 feet;thence North 00°23'42"East 544.82 feet to
the North line of the most Southerly parcel conveyed to Charles Edward Fanell by deed recorded
under Auditor’s File No.7905090106,Clark County Records;thence North 89°58'06"West along
said North line 510 feet,more or less to the West line of the Coffey Donation Land Claim;thence
South along the West line of said Coffey Donation Land Claim to the Southwest comer of said Coffey
Donation Land Claim ;thence East along the South line of the Coffey Donation Land Claim to the
POINT OF BEGINNING.
EXCEPT that portion lying Southerly and Easterly of the County Road known as Crown
Road.
EXPIRES:FEBRUARY 19.2i
(CJM/cm)
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