RES 1025RESOLUTION NO./025
A RESOLUTION approving the execution of a Development
Agreement with Hinton Development Corporation and Summit
Developing,Inc.,pursuant to RCW Chapters 36.70 B and Camas
Municipal Code 18.55.340.
WHEREAS,Hinton Development Corporation and Summit Developing,Inc.,owns or are
acquiring certain real property within the Camas Urban Growth Area,and
WHEREAS,the City of Camas and Hinton Development Corporation and Summit
Developing,Inc.have negotiated a Development Agreement to govern the development of the
property ,and
WHEREAS,pursuant to Camas Municipal Code Chapter 18.55,a series of public hearings
were held to solicit public input,and
WHEREAS,pursuant to RCW 36.70 B.170 (1 )and Camas Municipal Code 18.55.340 ,the
City of Camas and Hinton Development Corporation and Summit Developing,Inc.are authorized to
enter into a Development Agreement that sets forth the development standards and other provisions
that apply to and govern and vest the development,use,and mitigation of the described property ,
NOW ,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS
AS FOLLOWS :
I
The Development Agreement between Hinton Development Corporation ,Summit
Developing,Inc .,and the City of Camas,attached hereto as Exhibit “A”,and by this reference
incorporated herein ,is hereby approved .
II
The Mayor is hereby authorized and directed to execute the Development Agreement on
behalf of the City of Camas.
ADOPTED at a regular meeting of the Council of the City of Camas,this ($day of
September,2005.
SIGNED:
Mayor
uATTEST:
Clerk
PROV
City Attorney
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
James D.Howsley
Miller Nash LLP
P .O.Box 694
Vancouver,Washington 98666-0694
Grantors Hinton Development Corporation and
Summit Developing Inc.
City of Camas,Washington
See Exhibit "A"
125636-000,125647-000,125648-000,125601-000,125646-000,
125645-000,125635-000,125634-000
Grantees
Abbreviated Legal
Assessor’s Tax Parcel Nos.
DEVELOPMENT AGREEMENT
Effective Date:,20.
HINTON DEVELOPMENT
CORPORATION,a Washington
Corporation (hereinafter referred to as
"HINTON");
Parties:
SUMMIT DEVELOPING,INC .,a
Washington Corporation (hereinafter
referred to as "SUMMIT");and
THE CITY OF CAMAS,WASHINGTON,
a Washington municipal corporation
(hereinafter referred to as "the City").
Recitals :
HINTON and SUMMIT each own approximately 11 acres of undeveloped
property currently in the Camas Urban Growth Area ("UGA")governed by Clark County
(hereinafter "Property"),legally described in Exhibit "A"attached hereto and incorporated
fully by this reference.
A.
DEVELOPMENT AGREEMENT
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As of the effective date of this Development Agreement,the Property is
bordered by the City to the east.
B .
The parties desire to enter into this Development Agreement to govern
aspects of 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 36.70B.170(1 ),the parties are authorized to enter into an
Agreement which sets forth development standards and other provisions that apply to and
govern and vest the development and use of the development of real property described in
Exhibit "A."
D .
NOW ,THEREFORE,the parties agree as follows :
Purpose.The purpose of this Development Agreement,(hereinafter referred to as
"Agreement")is to :
1.
(a)Provide for certainty as to the development of lots adjacent to the existing
City limits .
Provide for certainty as to the overall development of the site in compliance
with the density as provided for under the current County Comprehensive
Plan and zoning designations.
(b)
2.Agreement.In the event of any conflict between this Agreement and the City's
future approvals,this Agreement shall control.
Applicable Development Standards .3 .
The Developer agrees to bevel the lots consistent with the City code.(a)
All other lots in the development will be consistent with the R-7.5 zoning
designation as provided for in the City code.
(b)
(c)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.
DEVELOPMENT AGREEMENT
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(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.
4.Zoning and Use Categories.The property shall develop under R-7.5 zoning
standards with the exception of the lots to be beveled .
Term.The term of this Agreement shall be ten (10)years.The parties may
mutually agree to extend the term .
5 .
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 of two (2)days after mailing.
6.
Notices to the City:The Honorable Mayor Paul Dennis
City Hall -616 N.E .4th Avenue
Post Office Box 1055
Camas,Washington 98607-0055
Knapp,O'Dell &MacPherson
430 N.E .Everett Street
Camas,Washington 98607
With copies to :
Hinton Development
Attention:Ryan Hurley
14010-A N.E.3rd Court,Suite 106
Vancouver,Washington 98685
Notices to Developers:
Summit Developing,Inc.
Attention:Stan Firestone
4211 NW Fruit Valley Road
P .O .Box 61928
Vancouver,Washington 98666
James Howsley
Miller Nash LLP
PO Box 694
Vancouver,Washington 98666-0694
With copies to:
Effect of Agreement.7 .
DEVELOPMENT AGREEMENT
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(a)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.
Pursuant to RCW §36.70B.180,this agreement and zoning and
development standards set forth herein shall not be subject to amendments
for the term of this Agreement.
(b )
Default and Remedies.In general,each of the parties hereto may pursue anyremedyatlaworequityavailableforthebreachofanyprovisionofthisAgreement.
8.
Recordation of Agreement.Subject to the terms hereof,the provisions of thisAgreementshallextendto,bind and inure the benefit of the parties hereto and their
respective personal representatives,heirs,successors and assigns as a covenant runningwiththeland.This Agreement shall be recorded with the real property records of ClarkCounty.This Agreement is binding on the parties hereto,their successors,and assigns .
9 .
10 .Entire Agreement.This Agreement constitutes the entire agreement between the
parties and cannot be 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 ofthisAgreementortheapplicationthereoftoanypersonorcircumstance,shall be held by acourtofcompetentjurisdictiontobevoid,invalid or unenforceable as written,the partiesintendanddesirethattheremainingprovisions,clauses,terms,covenants,or conditions ofthisAgreementshallcontinuetobevalid,fully effective and enforceable,as permitted by
law.
11.
Section Headings .The use of headings,captions and numbers in this Agreement
is solely for the convenience of identifying and indexing the various provisions in thisAgreementandshallinnoeventbeconsideredotherwiseinconstruingorinterpreting anyprovisionandthisAgreement.
12 .
Interpretations and Governing Law.The laws of the State of Washington shallgovernthevalidity,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.
13.
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 .
14.
DEVELOPMENT AGREEMENT
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Singular and Plural.Wherever appropriate in this Agreement,personal pronouns
shall be deemed to include other genders and the singular to include the plural.
15.
No Third-Party Beneficiaries.This Agreement represents the entire Agreement
between the Developer and City with regard to this annexation request and all prior
agreements oral or written are superseded hereby.This Agreement is for the benefit of theCityinitsdutytoprovideforpublichealth,safety and welfare.This Agreement is for thebenefitoftheDevelopertoprovideassurancesastozoning.This Agreement creates
contractual rights only between the Developer and City,and City has no lien rights in or to
the Development.
16.
Exhibits Incorporated.All exhibits to this Agreement are incorporated herein and
made a part hereof as if fully set forth herein.
17.
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 .
18.
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.
19 .
20.Waiver.Pursuant to RCW §36.70B.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 .
21 .Reserved Authority.Pursuant to RCW §36.70B.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.
Public Hearing .A public hearing is required by RCW §36.70B.220 .The City of
Camas has approved execution of this Agreement by ordinance after a public hearing.
22.
DEVELOPMENT AGREEMENT
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DATED this day of ,20.
CITY OF CAMAS HINTON CONSTRUCTION
Mark HintonMayorPaulDennis
Attest :SUMMIT DEVEUOPING ,INC.
Stan Firestone
Approved as to form :
Roger Knapp ,City Attorney
DEVELOPMENT AGREEMENT
VANDOCS :50059656.1
State of Washington )
)ss.
County of Clark )
I certify that I know or have satisfactory evidence that
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 free
Dated :,2005.
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at
My appointment expires:
State of Washington )
)ss .
County of Clark )
I certify that I know or have satisfactory evidence that
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
to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
ofacknowledgeditasthe
Dated:,2005 .
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at
My appointment expires :
DEVELOPMENT AGREEMENT
VANDOCS:50059656.1
State of Washington )
)ss .
County of Clark )
I certify that I know or have satisfactory evidence that
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 free
Dated :,2005 .
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at
My appointment expires:
State of Washington )
)ss .
County of Clark )
I certify that I know or have satisfactory evidence that
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
to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
acknowledged it as the of
Dated :2005.
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at
My appointment expires :
DEVELOPMENT AGREEMENT
VANDOCS:50059656.1
State of Washington )
)ss .
County of Clark )
I certify that I know or have satisfactory evidence that
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 free
Dated :,2005 .
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at
My appointment expires:
DEVELOPMENT AGREEMENT
VANDOCS:50059656.1