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RES 1259RESOLUTION NO.>^SC\ A RESOLUTION approving a Development Agreement between the City of Camas and Pedwar Development Group LLC. WHEREAS,Pedwar Development Group LLC is owner of certain real property located within the City of Camas (hereinafter referred to as “Pedwar”);and WHEREAS,the City of Camas and Pedwar have negotiated a Development Agreement;and WHEREAS,the Development Agreement sets forth certain development standards that will govern the development of the property;and WHEREAS,the City Council has conducted a public hearing,as required by law,on the proposed Development Agreement,at which time it considered testimony from all interested parties; and WHEREAS,the City Council finds that the Development Agreement has been reviewed by the Director of Community Development and has been found to meet all 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 the City of Camas and Pedwar,relating to certain real property located with the City’s municipal boundary,is hereby approved ,and the Mayor is authorized and instructed to sign the Development Agreement on behalf of the City. Section II The Development Agreement shall be recorded with the Clark County Auditor,pursuant to the requirements ofRCW 36.70(B).190. ADOPTED by the Council of the City of Camas and approved by the Mayor this 22nd day of January,2013. SIGNED : ayor ATTEST: APPROVED as to form: City Attorney When Recorded,Return to: Randall B.Frintz Landerhoim ,Memovich,Lansverk &Whitesides,P.S. P.O.Box 1086 Vancouver,WA 98666-1086 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the “Agreement”)is made and entered into by and between the City of Camas,a Washington Municipal Corporation,(“City,”),and Pedwar Development Group LLC (“Pedwar”),collectively referred to as the “Parties”; RECITALS WHEREAS,Pedwar owns or controls certain real property which is located in the City of Camas,Washington;the property’s tax identification number of which is 986026-906 and which is more fully described in the attached Exhibit A which is incorporated by reference herein (“Pedwar Property”);and, WHEREAS,Long Drive LLC and the City previously entered into a development agreement (“Long Drive Agreement”),a copy of which is attached hereto as Exhibit B, addressing a variety of issues,including,but not limited to the vesting of development standards and transportation capacity and adoption of a master plan,(for a project known as “Ambiance”) that would govern the development of the property covered by the Long Drive Agreement;and, WHEREAS,the Pedwar Property constitutes a portion of the property covered by the Long Drive Agreement;and, WHEREAS,Pedwar would like to construct a facility to manufacturer medical devices and the City would like to provide clear and predictable development standards to enable Pedwar to locate its facility within the City;and, Pedwar Development Agreement -1 PEDDO 1 -000004 -Document in Protaw -638914 WHEREAS,to accomplish the relocation of Pedwar to the City upon the Pedwar Property,certain amendments to the Long Drive Agreement need to be made and the Parties wish to make those amendments;and, WHEREAS,the City has reviewed the submission of materials otherwise necessary to approve the amended master plan and to find that the City’s Site Plan Review criteria has been complied with as part of this process to amend the existing master plan that is part of the Long Drive Agreement;and, WHEREAS,the City has found that the materials submitted conform to the City’s Site Plan Review requirements;and, WHEREAS,the City is a Washington Municipal Corporation with land use planning and permitting authority over all land within its corporate limits;and, WHEREAS,the City,has the authority to enter into Development Agreements pursuant to RCW 36.70B.170;and, The Legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public.Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations,and subject to conditions of approval,all is set forth in a development agreement,will strengthen the public planning process,encourage private participation and comprehensive planning,and reduce the economic cost of development;and, WHEREAS,the City is further authorized to enter into Development Agreement pursuant to Camas Municipal Code (“CMC”)18.55.340;and NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: Development AgreementSectionL This Agreement is a development agreement to be implemented in accordance with RCW 36.70B.170 through RCW 36.70B.210 and CMC 18.55.340.It shall become a contract between Pedwar and the City upon the City’s approval by ordinance or resolution following a public hearing as provided for in RCW 36.70B.170 and CMC 18.55.340 and execution of the Agreement by all Parties. Effective Date and Duration of AgreementSection2. The Agreement shall take effect immediately upon its adoption by the City Council and execution by all parties.The rights of the Pedwar Property to be developed under the master plan Pedwar Development Agreement -2 PEDDOl “000004 -Document in ProLaw -638914 and development standards provided for in this agreement shall terminate on 12/31/2012, provided that any time periods specified in this Agreement shall be tolled pending any appeals of any city,state or federal land use decisions necessary to commence and to carry out the terms of the Agreement. Section 3. The master plan that was approved in conjunction with the Long Drive Agreement is amended such that the portions of the master plan relating to the Pedwar Property shall be amended as provided for in Exhibit C,which is attached hereto and incorporated by reference herein. Master Plan Site Plan and Design Review ApprovalSection4. The modification to the master plan attached as Exhibit C has been reviewed and found to be consistent with the performance standards specific to the North Dwyer Creek mixed use overlay designation (NDC EMXD)as specified in CMC 18.20.035 B.2 and C.l ,as well as the City’s Site Plan Review criteria,and generally consistent with the Design Review approval of the overall master plan.In reviewing building permit applications,Staff will also review those applications for additional consistency with Design Review.Pedwar agrees to the mitigation conditions provided for in Exhibit D.The master plan attached as Exhibit C is consistent with the development standards provided for in Section 6 of the Agreement. TransportationSection5. The City has reviewed the comparative transportation analysis from Kitteison and Associates, transportation engineers,and determined that there is adequate capacity in the City’s transportation system to accommodate the trips generated by the development of the Pedwar Property as provided for in Exhibit C;and that no level of service deficiencies will occur as a result of the development of the Pedwar Property consistent with this Agreement.So long as Pedwar does not revise Exhibit C in such a manner as to increase the number of PM peak hour trips identified in the Kitteison comparative analysis,no further transportation studies or mitigation,other than payment of applicable transportation impact fees will be required. Additionally,the proposed easterly access on Exhibit C is approved as a full access as shown on the proposed Site Plan.If at some point in the future,the City reasonably determines that there are adverse safety issues associated with the continued operation of the access as a full access, the City reserves the right,at its cost,to construct a median in the center of Camas Meadows drive in the location of this access,which will effectively turn the full access into a right in/right out access. Development standardsSection6. During the term of this Agreement,the Property shall be vested to the development standards as depicted in Exhibit C of this Agreement and to the Phase “II”standards as provided for in Section 5 (referencing Exhibit B)of the Long Drive Agreement.Vesting for the Long Drive Agreement is provided for in Section 12 of the Long Drive Agreement.In the event that there is an inconsistency between the provisions of Section 5 and Exhibit B of the Long Drive Pedwar Development Agreement -3 PEDDO1-000004 -Document in ProLaw -638914 Agreement;and Exhibit C of this Agreement relating to the Pedwar Property,Exhibit C shall control.Also during the term of this Agreement,the property shall be vested to the uses as described in Sections 4,4.1 and 4.2 of the Long Drive Agreement. WaiverSection7. Failure by either party at any time to require performance by the other party of any of the provisions hereof shall in no way affect the parties'rights hereunder to enforce the same,nor shall any waiver by a party of the breach hereof be held to be a waiver of any succeeding breach or a waiver of this non-waiver clause. Section 8. This Agreement shall be construed in accordance with,and governed by,the laws of the State of Washington.The parties agree to venue in the Superior Court for Clark County,State of Washington,to resolve any disputes that may arise under this Agreement. Venue Entire Agreement/ModificationsSection9. This Agreement constitutes the entire agreement between and among the Parties with respect to the subject matter herein contained and all prior negotiations,discussions,writings and agreements between the Parties with respect to the subject matter herein contained are superseded and of no further force and effect.This Agreement cannot be amended or modified without a writing signed by all of the Parties hereto. Section 10. The captions contained in this Agreement were inserted for the convenience of reference only. They do not in any manner define,limit,or describe the provisions of this Agreement or the intentions of the Parties. Captions Gender/Singular/PluralSection11. Whenever masculine,feminine,neutral,singular,plural,conjunctive,or disjunctive terms are used in this Agreement,they shall be construed to read in whatever form is appropriate to make this Agreement applicable to all the Parties and all circumstances,except where the context of this Agreement clearly dictates otherwise. Section 12.Severability If any portion of this Agreement shall be invalid or unenforceable to any extent,the validity of the remaining provisions shall not be affected thereby. Section 13.Inconsistencies Pedwar Development Agreement -4 PEDDO 1 -000004 -Document in ProLaw -638914 If any provisions of the Camas Municipal Code are deemed inconsistent with the provisions of this Agreement,the provisions of this Agreement shall prevail. Section 14. This Agreement shall run with the land and be binding upon and inure to the benefit of the Parties,and their respective heirs,successors and assigns.This Agreement shall be recorded against the real property indicated on Exhibit “A”with the Clark County Auditor. Binding on Successors and Recording. Section 15. Each of the recitals contained herein are intended to be,and are incorporated as,covenants between the parties and shall be so construed. Recitals. Section 26.Amendments. This Agreement may only be amended by mutual agreement of the parties. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the dates set forth below: CITY OF CAMAS,WASHINGTON DateBy Title PEDWAR DEVELOPMENT GROUP,LLC DateBy Title STATE OF WASHINGTON ) )ss. County of CLARK ) Pedwar Development Agreement -5 PEDD01 -000004 -Document in ProLaw -638914 I certify that I know or have satisfactory evidence that the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute this instrument and acknowledged it as the party for the uses and purposes mentioned in the instrument. is of the CITY OF CAMAS ,to be the free and voluntary act of such DATED: NOTARY PUBLIC for the State of Washington, Residing in the County of Clark My Commission Expires: )STATE OF WASHINGTON )ss. )County of CLARK I certify that I know or have satisfactory evidence that the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute this instrument and acknowledged it as the voluntary act of such party for the uses and purposes mentioned in the instrument. is of PEDWAR DEVELOPMENT GROUP,LLC,to be the free and DATED: NOTARY PUBLIC for the State of Washington, Residing in the County of Clark My Commission Expires: Pedwar Development Agreement -6 PEDDO1-000004 -Document in ProLaw -638914 EXHIBIT A4^ Order No.:612816872 For APN/Parcel IDfs):98S026-906 A parcel of property lying in a portion of Section 28 and Section 29,Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington,described as follows: COMMENCING at the most Southerly Southeast corner of CAMAS MEADOWS CORPORATE CENTER PHASE 1,a subdivision recorded in Book 310 of Plats at Page 691,Clark County records,said point being on the South right-of-way line of Northwest Camas Meadows Drive;thence North 56°35’58n East along the Southeasterly line of said CORPORATE CENTER 60.00 feet to the North line of NW Camas Meadows Drive,said point being the most Northerly corner of that tract conveyed to City of Camas by deed recorded in Auditor's File No .3380524,Clark County records,said point lying on a 405.00 foot radius curve to the right with a tangent bearing into said curve of South 33°24’02,>East of this point; thence along the Northeasterly fine of said City of Camas tract the following courses and distances: thence around said 405.00 foot radius curve to the right 141.15 feet to the TRUE Point of Beginning; thence continuing around said 405.00 foot radius curve to the right 63.,00 feet;thence South 04°31*09”East 225.73 feet to a 470.00 foot radius curve to the left;thence around said 470.00 foot radius curve to the left 462.68 feet;thence South 60°55,20*r East 144.61 feet thence North East leaving said City of Camas tract,392.97 feet;thence North 63*08f44w West 83.31 feet;thence North 57°05'5T West 238.78 feet;thence North 47°40’13B West 343.87 feet to a point which bears North 78°46>24*East from the TRUE Point of Beginning;thence South 78°46’24*West 57.16 feet to the TRUE Point of Beginning,. r (J Itlililltllll8 3SB2705ExhibitPage;1 of 23©7 /30/2004 03:Z7P41.0©Clark County ,MftMILLERNASHPGR RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Stephen W.Horenstein,Attorney IvliLier Nash LLP 500 East Broad-way,Suite 400 PO Box 694 Vancouver,WA 9 B666-0694 Long Drive,LLC City Of Camas,Washington NB %Section 29 T2NR3E WM;W J4 Section 28 T2NR3EWM Portions of 172955-000;172963-000;172964-000;172970-000; 175934-000 Grantor : Grantee : Abbreviated Legal : Assessor *s Tax Parcel Nos.: Prior Excise Tax No..: Other Reference No(s).:None DEVELOPMENT AGREEMENT J u !\f 21.7J>0 <4j LONG DRIVE,LLC,a Washington limited liability company (hereinafter referred to as "Long Drive”);and Effective Date: Parties: THE CITY OF CAMAS,WASHINGTON, .a Washington municipal corporation (hereinafter referred to as the "City"). Recitals: Long Drive owns or is acquiring certain real property within the City, preliminarily approved as Lot 8,Phase I of Camas Meadows Corporate Center,and Lots S, 9,10,11,and 12,Phase II of Camas Meadows Corporate Center,hereinafter referred to as "the Property.”The legal description for the Property as well as a parcel map and survey are attached hereto and incorporated herein by reference as Exhibit "A."At the time of the execution and approval of this Agreement all of the Property is subject to this Agreement. A. DEVELOPMENT AGREEMENT -1 (7/20/2004 9:41 AM) VANDDCS-J0049056.7 t 3862705 Page:2 of 2307/30 /2ee4 03:27F-4 i .8>0 Clark County ,WRHILLERNRSKRGR B.The Property is currently zoned Light Industrial /Business Park ("LI/BP") and designated with the North Dwyer Creek Employment Mixed Use ("NDC EMXD") overlay pursuant to Title 18 of the Camas Municipal Code.The Property is in the City's North Dwyer Creek planning area. C.For purposes of completing the development of the Property,Long Drive has applied for master plan approval pursuant to Chapter 18.20 of the Camas Municipal Code. D.A trip generation report has been prepared by H .Lee &Associates and shows 208 p ,m.peak hour trips for the development of the Property. E.The parties desire to enter into this Development Agreement to govern the development of the Property,including vesting as to the permitted uses and allocating capacity in the transportation system for purposes of meeting concurrency requirements. F.Pursuant to RCW 36.70B.170(1 )and 'CMC 18.55.340,the parties are authorized to enter into a development agreement that sets forth development standards and other provisions that apply to and govern and vest the development,use,and mitigation of the development of the Property. NOW,THEREFORE,the parties agree as follows: 1.Purpose.The purpose of this Agreement is to: 1.1 Set forth the development standards that will govern the development of the Property. Vest the development of the Property under the development provisions of the Camas Municipal Code in effect at the time of the execution of this Agreement, including the permitted uses of the Property,while reserving the City's authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 1.2 1.3 Allocate capacity in the transportation system for development of the Property for the purpose of meeting the concurrency requirements of the City's Comprehensive Plan and regulations , 2.Agreement.This Development Agreement governs and vests the development of the property described in Exhibit "A.” DEVELOPMENT AGREEMENT -2 (7/20/2004 9:41 AM) VANDOCS:50CM 9056.7 3862705Page:3 of 2307/38 /2804 03 :27P41.00 Clark Ccanty ,UsKILLERHftSHCGR 3.Description of the Proposed Development on this Property.The development on the Property (the "Ambiance Project”)shall be a mixed use development including residential condominiums,professional office space,and restaurant/retail space on approximately 14.6 acres.The Ambiance Project is expected to include 12 buildings,with 158 residential condominiums,approximately 33,000 square feet of professional office space,a restaurant,a spa,conference rooms,open space,and underground parking. 4.Zoning and Permitted Uses.The Property is zoned LI/BP with a KDC EMXD overlay pursuant to Chapters 18.07 and 18.20 of the Camas Municipal Code and designated as Light Industrial on the City's Comprehensive Plan. 4.1 The uses permitted in the LI/BP and NDC EMXD code sections shall be allowed on the Property,including the following specified uses.This list is not intended to limit the uses as otherwise permitted by the City's code. (a)Multifamily development is permitted in the NDC EMXD. (b)Professional office space is permitted in the LI/BP district. CMC 18.07.030 Table 1. A restaurant is permitted as a secondary use in the LI/BP district.00CMC18.07 .030 Table }. (d)Spas and conference rooms are not expressly listed in Table 18.07.030-1,but maybe permitted concurrent with this Development Agreement as accessory uses or unclassified uses. (e)Open space is permitted in the LI/BP district.CMC 18.07.030 Table 1. 4.2 The Ambiance Project meets the performance standards for the NDC EMXD (CMC 18.20.035)by meeting both the community's employment needs and housing needs: (a)Over 50 percent of the Ambiance Project's area is to be developed with uses other than housing:professional office,a restaurant,a spa,conference rooms, and open space. (b)The housing density is approximately 10.8 units per net acre,within the permitted range. DEVELOPMENT AGREEMENT -3 (7/20/2004 9 -41 AM) VANDOCS:50049056,7 3862705 Pass :4 of 23 07 /30 /200-4 03 :27P 41 ,2>B Clark Courtly ,WftR6RMILLERNASH (c)No residential development is located on the ground floor of mixed-use buildings or in stand along buildings along Camas Meadows Drive. (d )The residential component of the Ambiance Proj ect will occur concurrent with or after the employment component of the development. (e)The cumulative of all secondary commercial development will have a maximum floor area equal to 25 percent of the gross floor area of the primary and secondary LI/BP uses . (f )The employment portion of the Ambiance Project will provide a comparable number of employment opportunities per developable acre of employment area as would have occurred under the LI/BP base zone. Development Standards.The development standards the City previously approved for Phase II of the Camas Meadows Corporate Center shall control the Ambiance Project.These standards are shown in the table attached as Exhibit "B.” Design Review and Master Plan Approval.The City's Design Review Committee has determined that the Ambiance Project master plan is generally consistent with the guidelines and principles in Chapter 18.19 CMC.A copy of tire master plan is attached as Exhibit "C."Through,this Development Agreement,the City approves the 'master plan as generally consistent with Chapter 18.19 CMC.The City Staff will review and approve the final details of the master plan design for consistency with Chapter 18.19 CMC prior to the issuance of building permits for the Ambiance Project. Plat Amendments for Camas Meadows Corporate Center . Phases I and II.The subdivision of Camas Meadows Corporate Center was preliminarily approved as a phased plat,A portion of the Property is located in the area that was preliminarily approved as Phase I (Lot 8 of Phase I),and no final plat has been recorded for this portion of the Property.Through a minor plat amendment approved concurrent with this Development Agreement (CMC 17.11.050),Lot 8 of Phase I is • incorporated into Phase II and will be governed by the Phase II development standards. This incorporation will be memorialized with the recording of the final plat for Phase H 7.2 Reconfiguration of Lots.Through a minor plat amendment approved concurrent with this Development Agreement,the City approves the reconfiguration of the lots as shown in Exhibit "D." 5. 6 . 7. 7.1 DEVELOPMENT AGREEMENT -4 (7/20/2004 9:41 AM) VANDOCS:50IM9056.7 3862705 Page ;5 of 23e7/3G /2e04 G3:27P 41.©8 Clark Ccunty ,UAPGRMILLERNASH Allocation of Transportation.Capacity for the Ambiance Project. 8.1 Trips Generated tinder the North Dwyer Creek Master Plan Approval. The City previously identified vehicle trips generated from the build-out of property in the North Dwyer Creek subarea.Under the North Dwyer Creek Master Plan and implementing ordinances (SEPA file #05-00-07),development at full build-out would generate 40,200 average daily trips,6,100 a,m.peak hour trips and 5,000 p .m.peak horn- trips. 8 . Trips Allocated to the Ambiance Project.As part of the planning process for the Ambiance Project,a trip generation report was completed by H.Lee &Associates to determine the average daily trips and p.m.peak hour trips generated by the development .According to this traffic report,the number of average daily trips is 2,041 and the number of p .m ,peak hour trips is 208.Through this Development Agreement,the City allocates for the Ambiance Project transportation capacity consistent with this number of trips for purposes of transportation concurrency.This traffic capacity shall be reserved for the term of this Development Agreement. Traffic Mitigation for the Ambiance Project.The City previously identified transportation improvements to mitigate traffic impacts from the build-out of the property in the North Dwyer Creek subarea.Under the North Dwyer Creek Master Plan and implementing ordinances (SEPA file #05-00-07),development at full build-out would generate the warrants or potential warrants of up to eight (8)intersections.Upon closer examination,it is likely that only three (3)intersection improvements would meet warrants within the term of this Development Agreement.These intersections are:(1)NB Goodwin Road at either NW Friberg or NW Camas Meadows Drive;(2)NW Payne Road and NW Lake Road or the intersection west thereof (as shown in the Dwyer Creek Master Plan); and (3)NW Friberg Road at approximately half-way up from NW Lake Road (also as shov/n in the North Dwyer Creek Master Plan).The estimated cost of these intersections is $800,000.00. 8.2 8.3 The North Dwyer Creek Master Plan and the traffic report submitted by H.Lee & Associates indicate that future development would pay a proportionate share of the costs of needed improvements. Given the estimated numbers of p.m .peak hour trips generated by the project (208) and the p.m.peak hour trips generated at full build-out (5,000),the project's proportionate share is 4.16 %.Therefore,Long Drive shall pay 4.16 %of the costs of the improvements described in this section,or $33,280.00,to the City. Impact Fees.Long Drive shall pay the appropriate impact fees,determined at the time of building permit issuance,as required by Camas Municipal Code Chapter 3.88. 9. DEVELOPMENT AGREEMENT -5 (7/20/2004 9:41 AM) VANDOCS:$0049056.7 3862705 Page:6 of 23 07 /30 /2004 03:27 P Clark County ,WftAGRKILLERNASH 10.System Development Charge Credits.The City shall provide Long Drive with system development charge credits for any and all eligible water and sewer system improvements made by Long Drive,according to the Camas Municipal Code. 11.Impact Fee Credits and Latecomer Fees.Nothing contained in this Agreement shall preclude Long Drive from receiving impact fee credits to the extent available under the terms of Chapter 3.88 of the Camas Municipal Code and/or latecomer fees pursuant to a latecomer agreement. 12 .Vesting.The parties agree that Long Drive's project on the Property vests as to the permitted uses and development standards described herein as of the time of the execution of this Development Agreement This Development Agreement and the development standards in this Agreement govern during the term of this Agreement,or for all or that part of the build -out period specified in this Agreement,and may not be subject to an ’amendment to a zoning ordinance or development standard or regulation adopted after the effective dace of the agreement.Any permit or approval issued by the City after the execution of this Development Agreement must be consistent with the Development Agreement,Nothing contained in this Agreement shall preclude the City from exercising any and all rights it has under RCW 36.70B.170 to address issues of public health and safety , Conforming Use.Notwithstanding any future change in the comprehensive plan or zoning designation for the Property,the City acknowledges and agrees that so long as any future uses of the Property are provided for in Section 4 of this Agreement,such uses shall be and remain conforming uses. Run with the Land.This Development Agreement shall be binding on the parties'successors and assigns.This Agreement shall be recorded with the Clark County Auditor. Term.The term of this Development Agreement shall be fifteen (15)years.The parties may mutually agree to extend the term.No City design reviews or land use approvals will expire during the term of this Development Agreement, Attorneys Fees.In the event a suit,proceeding,arbitration or action of any nature whatsoever is instituted,or the services of any attorney are retained to enforce any term, condition,or covenant of this Development Agreement,or to procure an adjudication, interpretation or determination of the rights of the parties,the prevailing party shall be entitled to .recover from the other party,in addition to any award of costs or disbursements provided by statute,reasonable sums as attorney fees and costs and expenses,including paralegals',accountants’,and other experts 'fees and all other fees,costs,and expenses actually incurred and reasonably necessary in connection with such suit,proceeding,or action,including appeal,which sum shall be included in any judgment or decree entered 13 . 14. 15. 16. DEVELOPMENT AGREEMENT -6 (7/20 /2004 9:41 AM) VANDOCS:50049056.7 3862705 Psget 7 of 23 07 /30 /2004 03:27P41.00 Citrk County ,UfiMILLERMASKAGR therein and such amounts awarded shall be in addition to all other amounts provided by law . 17.Incorporation by Reference,The following items are hereby incorporated by reference into this Development Agreement: (a)Camas SEPA case file #05-00-07 for the North Dwyer Creek Master Plan and Ordinances; (b)Camas SEPA case files #02-99-07 for the Camas Meadows Corporate Center,Phase II. (c)Camas SEPA case file #06-04-05 for the Ambiance Project. Public Hearing.The City Council has approved execution of this Agreement by resolution after a public hearing. Amendment.In the event the parties mutually agree that an amendment to a provision of this Development Agreement is necessary,the amendment shall be reduced to writing and shall be reviewed by the City at a duly scheduled public bearing.Upon approval of the amendment,the City shall adopt a resolution along with the amendment. The amendment becomes effective upon adoption of the resolution and recordation with the Clark County Auditor. DATED this 3.7*-day of Q~u K/ CITY OF CAMAS 18. 19. 2004. LONG DRIVE,LLC By:By: Name:T 1 P<A <, Title:c r R -fecN-eicriName: Title:m ^feeg. State of Washington ) )ss. County of Clark ~0 ) nthisr^-~day ofvJ\)<Lu >.2004 ,before me personally appeared-.4^r ,to me known to ^e theM^TYMrirV C~of LONG DRIVE, LLC that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes DEVELOPMENT AGREEMENT -7 (7/20/2004 9:41 AM) VANDOCS^OCW 9056.7 3862705 Page:8 of 23 07 /30 /2004 03:27P41.00 Clark County ,tfftMILLERMASKftGR therein mentioned ,and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Dated t \!3 (jj*,2004. A A A A I A (YlV'frri?iNr>Notary Public for Washington OJA?P \?\^A (Printed or Stamped Name of Notary) Residing at CLQ-Pr^rn N.l xTL^My appointment expires: Notary Public Stcrfe of Washington CHEW R.ENGLISH MyAppojr ,i’^>*>,*;xoi&s Aug.22,2005 State of Washington ) )ss. County of Clark ) On this^/_day of C /u-Lt,to me known t6 be the CAMAS that executed the within and foregoing instrumerft,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated thatme/she was authorized to execute said instrument and that the seal affixed is thfe corporate seal of said corporation.ihi ,2004,before me personally appeared of the CITY OFhfL.U.1 to>g nr>/& Dated:2004. i /.A W.7V Rotary Public for Washington t’^Nw.olraL--'(>\h/lhro.US (Printed or Stamped Name of Notary) Residing at ifOas Lewztt-C My appointment expiree:/-/4 -DCe ff*o^r \a ’ 'TVv • (7 /20/2004 9:43 AM ) VAKDOCS^004X)56.7 : DEVELOPMENT AGREEMENT -8 3882705 Page :9 of 23 07 /30 /2004 C3127P 41.00 Clark County .WAiAGRIKILLERMftSH EXHIBIT ”ATt LEGAL DESCRIPTION,PARCEL MAP,AND SURVEY DEVELOPMENT AGREEMENT EXHIBIT “A ” (7/20/2004 9:41 AM) VAN DOCS:50049056.7 3862705 Paget 10 of 2307/30 /2004 03 :27P41.00 Clark County ,URKILLERUft5HAG* jts%M ftmi LAND SURVEYORS ENGINEERS E N G I N E E R I N G I N C , 695 -J 385 J J J 1 Broadway 'Vancouver,WA 98660 LEGAL DESCRIPTION FOR RICK BOWLER Camas Meadows Golf Course Parcel April 14,2004 A parcel of property lying in a portion of Section 28 and Section 29,Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington,described as follows: COMMENCING at the most Southerly Southeast comer of Camas Meadows Corporate Center Phase 1,a subdivision recorded in Book 310 of Plats at Page 691,Clark County records,said point being on the South right of way line of Northwest Camas Meadows Drive; THENCE North 56°35'58"East along the Southeasterly line of said Corporate Center 60.00 feet to the North line of NW Camas Meadows Drive,said point being the most Northerly comer of that tract conveyed to City of Camas by deed recorded in Auditor's File No'.3380524,Clark County records said point lying on a 405.00 foot radius curve to the right with a tangent bearing into said curve of South 33°24'02"East of this point; THENCE along the Northeasterly line of said City of Camas tract the following courses and distances: THENCE around said 405.00 foot radius curve to the right 141.15 feet to the TRUE POINT OF BEGINNING;‘ THENCE around said 405.00 foot radius curve to the right 63.00 feet; THENCE South 04°31'09'East 225.73 feet to a 470.00 foot radius curve to the left; THENCE around said 470.00 foot radius curve to the left 462 ,68 feet; THENCE South 60°55'20"East 1322.03 feet to the Southwest comer of that tract described as Parcel G in that deed conveyed to Lake Development,Inc.,by deed recorded in Auditor's File No.3465109,Clark County records; THENCE North 26°24 '50"East,along the West line of said ParceLG,238.70 feet; PJ$/wk Z&MOW60fc?6KM«XOOO\Page 1 of 3 3862705 |l]It Pase :11 of 23llliUi©7 /30 /2004 03:27P 41.00 Clark Courtly ,UftftGRWILIERWftSH f LAND SURVEYORS ENGINEERS E N G I N E E R I N G I N C. f340;69S -1385 1 III Broadway .Vancouver,WA 98660 THENCE North 45“32'21"West 56.43 feet; THENCE North 44°33’04"West 400.82 feet; THENCE North 56°22'01"West 462.25 feet; THENCE North 63°08’44"West 350.12 feet; THENCE North 57s 05’57"West 238.78 feet; THENCE North 47°40'13"West 343.87 feet to a point which bears North 78°46’24" East from the TRUE POINT OF BEGINNING; THENCE South 78°46’24"West 57.16 feet to the TRUE POINT OF BEGINNING. EXCEPT: A parcel of property lying in a portion of Section 28,Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington,described as follows: COMMENCING at the most Southerly,Southeast comer of Camas Meadows Corporate Center Phase 3 ,a subdivision recorded in Book 310 of Plats at Page 691,Clark County records,said point being on the South right of way line of Northwest Camas Meadows Drive; THENCE North 56°35'58"East along the Southeasterly line of said Corporate Center 60.00 feet to the North line of NW Camas Meadows Drive,said point being the most Northerly comer of that tract conveyed to the City of Camas by deed recorded in Auditor's File No.3380524,Clark County records,said point lying on a 405.00 foot radius curve to the right with a tangent bearing into said curve of South 33°24'02"East of this point; THENCE along the Northeasterly line of said City of Camas tract the following courses and distances: THENCE around said 405.00 foot radius curve to the right 141.15 feet; MS/MV leg.do:Page 2 of 3 3862705 Page :12 of 2307/30/2004 03:27 p Clark County ,UftKILLERNft5HGGf? ^7vrZ)^Kg:ro^s ENGINEERS E N G I N E E R I N G I N C . (360)695 -1385 J i l l Broadway „Vancouver,WA 98660 THENCE continuing around said 405.00 foot radius curve to the right 63.00 feet; THENCE South 04°31'09"East 225.73 feet to a 470.00 foot radius curve to the left; THENCE around said 470.00 foot radius curve to the left 462.68 feet; THENCE South 60°55'20"East 1322.03 feet to the Southwest comer of that tract described as Parcel G in that deed conveyed to Lake Development,Inc.,by deed recorded in Auditor 's File No.3465109,Clark County records,said point being the TRUE POINT OF BEGINNING; THENCE North 26 °24'50"East,along the West line of said Parcel G,238.70 feet; THENCE North 45°32 '21"West along said West line 56.43 feet; THENCE North 44°31‘04"West leaving said West line 78.53 feet; THENCE South 28°07’46“West 275.63 feet to the North line of said City of Camas tract; THENCE South 60°55’20“East along said North line 136.27 feet to the TRUE POINT OF BEGINNING. Containing 13.80 acres,more or less. -V0AS /&& A I : SUHh>H EXPIRES:JUNE 4 ,2005 ?>???? WS/wk Z'tfbQQYI 5©M 6UOS01dcs-dw.Page 3 of 3 38 B 2705 Page:13 of 2307/30 /2004 03:27P41.DO Clark County ,WftHILLERWASHRGR I LAND SURVEYORSwENGINEERS E N G I N E E R I N G I N C . (360)695-1385 1111 Broadway i Vancouver,WA 98660 LEGAL DESCRIPTION FOR RICK BOWLER Camas Meadows Golf Course 34,000 S.F.Parcel April 14,2004 A parcel of property lying in a portion of Section 28,Township 2 North,Range 3 East of the Willamette Meridian,Clark County,Washington,described as follows: COMMENCING at the most Southerly,Southeast comer of Camas Meadows Corporate Center Phase 1,a subdivision recorded in Book 310 of Plats at Page 691,Clark County records,said point being on the South right of way line of Northwest Camas Meadows Drive; THENCE North 56°35.'58"East along the Southeasterly line of said Corporate,Center 60.00 feet to the North line of NW Camas Meadows Drive,said point being the most Northerly comer of that tract conveyed to the City of Camas by deed recorded in Auditor's File No.3380524,Clark County records,said point lying on a 405.00 foot radius curve to the right with a tangent bearing into said curve of South 33°24’02"East of this point; THENCE along the Northeasterly line of said City of Camas tract the following courses and distances: THENCE around said 405.00 foot radius curve to the right 141.15 feet; THENCE continuing around said 405.00 foot radius curve to the right 63.00 feet; THENCE South 04 °31'09"East 225.73 feet to a 470.00 foot radius curve to the left; THENCE around said 470.00 foot radius curve to the left 462.68 feet: THENCE South 60°55 '20"East 1322.03 feet to the Southwest comer of that tract described as Parcel G in that deed conveyed to Lake Development,Inc.,by deed recorded in Auditor's File ,No.3465109,Clark County records,said point being the TRUE POINT OF BEGINNING; THENCE North 26°24 '50"East,along the West line of said Parcel G ,238.70 feet; JET/nd 2-\7&M'i76£W\7K)0O6O<00D2.lcs.bD:Page 1 of 2 3862705 Page:14 of 23 07 /30 /2004 03 :27P 41.00 Clark County ,k‘ftHILLERNftSHfiGf? LAND SURVEYORS ENGINEERS E N G I N E E R I N G I N C. 0 <S0J 695-1385 1 111 Broadway v Vancouver,WA 98660 THENCE North 45°32'21“West along said West line 56,43 feet; THENCE North 44°31*04 ”West leaving said West line 78.53 feet; THENCE South 28°07‘46"West 275.63 feet to the North line of said City of Camas tract; THENCE South 60°55*20 ”East along said North line 136.27 feet to the TRUE POINT OF BEGINNING. Containing 34000 square feel,more or less. JE7/mk E:\?KX>O 6DOO6Wa 6M0W>2.1cs^oc Page 2 of 2 3862705 Page:15 of 23 07 /30 /2004 03:27P 41 ,00 Clark County.MRftGRMILLERtiftSH \ oA ww *23&W /r.wwstf * E ISiws»*w «ajw ?CCCcOaW 6cmr 7 ,W.*0rft V •< u.khiW vjj 5 :ac w 3I*2 2s fc* £2£ JS5 i>ilu,laP J li 3862705 Page :15 of 23 07 /36 /2004 03:27P 4 f .CC Clark County ,URPGRMILLERNftSH EXHIBIT “BH DEVELOPMENT STANDARDS DEVELOPMENT AGREEMENT EXHIBIT "Bu (7/20/2D04 9:41 AM) VAKDOCS*50049056.‘? 38 B2705 Pa5e:17 of 23 ' 07 /30 /2004 03:27P 4l .ec Clark County ,Wft *ftCRKILLERNASH Camas Meadows Corporate Center Proposed Lot Development Standards Proposed StandardDevelopmentStandards!Proposed Amendmentsi' .(PIP)CMC 18.54,100 Proposed Standard Her I lots (<5 Aoes)"Her H f >5.1 Acres) 5 %Acres 'Minimum Lot Size 2 Acres Minimum Average Lot Width 200 Feet200Feet Minimum Average Lot Depth 200 Feet200Feet 50 Feet140Feet1MinimumFrontYardSetbackParking 50 Feet?40 Feet1MinimumFrontYardSetbackBuilding 20 Feet420Feet4MinimumSideYardSetback 10 Feet510Feet6MinimumRearYardSetback 20 Feet120Feet1MinimumStreetSideYardSetbackParking 20 Feet220Feet?Minimum Street Side Yard Setback Building Minimum Landscape Area 15 %15 % 'Building Standards:r -~l -1" 50%Lot Coverage 50% Building Separation Per UBCPerUBC Parking Standards Per Table 18.54.031C3PerTable.'18.54.031C3 '• Height Restrictions Setbacks Increase 1 foot Horizontal For Each Additional 1 Foot of Vertical Bunding Bevabon Over 60 Feet .60 Feet60Feet •: L •Front yard setbacks shall be enhanced with a (Type A Landscape Buffer). "2.;Any structure regardless of location shall Lave a minimum 15 foot landscape area along facades facing any ’‘street and a"minimum 10 foot landscape area on all other building elevations.The landscape area may include live plantings,pedestrian access,pedestrian plazas,fountains,sculpture and signage. 3.The Planning Director may adjust parking requirements to reflect actual parking requirements. 4.Side yard setbacks shall be enhanced with a (Type B or Type C Landscape Buffer) 5.Rear yard setbacks shall be enhanced with a (Type By Type C or Type D Buffer) Note: The above standards are proposed to be implemented through the City of.Camas Planned Industrial Development Overlay (PID)Ordinance 1 £.54.100. II 3862705Il|Page :18 of 23i\\m\07/30 /2004 03 :27P 41.00 Clark Countyi UR : fiGR:HILLER NRSH EXHIBIT "C" MASTER PLAN DEVELOPMENT AGREEMENT EXHIBIT “C11 (7 /20/2004 9:41 AM) VAN DOCS:50049056,7 3862705 Page:19 of 23 07/30 /2004 03;27P 41.00 Clark County *WAACRPilLLEftNASH >f «.'OTi*.3a*-UM«rat 13 bKM >cno>M»M it-xObV 3 12 CO^JS**owukBon«•J.JSJJOO*n n.’aV H Ceneo»»«/-3MCo<r H.raiK >*«!<< I)Coroo**otMiec«ih-»A 3txco V1#unorprxntf cmg ao»*tftjtxrf fciiaL!ItCox*.*<*ra>VX—•^WJOO *26 i»>»Tmuv3p*o4x k*c**»ia.TO«f IC«<a *mM(7»4Mt.fc8<riOCttnMi•nUjOltjcf -•MT.OCD^«3»*0<to*attMlM9«o<iipa4i»vUw>»v l£XE>» HOanoowa-uftcK**»M7*»w<4CD «r<nai 2*ira»V n—3 »(»«<—«’IttTtt tC %-+*m l UCtfW»*OOjMW»*MXXOr iMMmraol'rp!KXCOrf fc£fSU LCWEfl^p —-pm fltr—»ML*fiOK'OCsOtOf-aturKn-«*T7XC «r BHO«pVW«f*n*V5 >(><>».LJ.AK r Mm >9i«ca *'a*«*6 auraot »«•>»22.00 »f M*'t 11 000*04*k» factyfU-cUU**.-**KCOOX WW»CTt>0»v «01 0*0» lfe*£sUl7TC01Coibore*foen*WComiwa ®C»***WlU0»rf LEVD.4 faoopvtft too* UTVti 3ffpuiyoumi—m.• i (IWtCcwX*fMOJCinoerMkion^omooO*o MnUlUCkota:lMO0*0 MO.bJdf*'ft.-te-W*miWouot (ix»XhpP«a*or^u«>y Of iu (CCMOV OOMKrRUWr (&Oorur»r*»rt«wa fnojar*i t^aoec*.fcW»*PO K»£Mt OOSKOSNM«O ULZX.rtl&*c*owO Ii l 1 M 0-nK»POl*W.T1)K»O<0nort»l*«5 &*ler(r.»0 nw *0*»C 0tP**0 Knew I5l BBgj owf CQfiQTfttfsWt iwvpw*>JUJU t {W K'O Wl[Cano*Crckdng <KUM0*£IttJOO*t»t/m Qpai «f «iw»te( ffatsa*C2M 91KB».(n««m ©PRELIMINARY SITE PLANt*pr »)JW6n I'PWM3MM)tkowv^rsho^p AtOlf11 3862705 Page :20 of 23 07 /30 /2004 03 :27P 41.00 Clark County ,W2MILLERM&SH AGR OWER LEVEff /P>R>3?{Q SPJC:V ///4 v^V-%'-X / ':/y \ >)/Lm ?/ TE PLAN 3862705Pa^e:21 of 2307/30 /2004 03:27P41.00 Clark County ,up.KILLER NRSK PGR FFAMlUiJCWT •U+*rur,O/vM ItV JU*N**PwV^V W Vvo fonri S*7 rr*i nxrcRsi.r<ux Atorrs.xcIncft•amfwnuNrtiMniMirf»*.»Tt IN1,1 "'<-*MN V.S iMtfWw C SuiO**«J fc _ r r«M« * : 3Nfi SP Ambianceutm tx»*> HWCmsWtatovwCt. tamis.WX DESIGN . REVIEW iwnmua, fcMfc K,|»,M S*4 «*t >n»ovci w>w« SITE PLAN ALOO 3862705 Pages 22 of 23 07 /30 /2MA 03:27P 41 .$3 Clark County ,L'AHILLERNASHAGS EXHIBIT "D " LOT RECONFIGURATION DEVELOPMENT AGREEMENT EXHIBIT ”D"(7/20/2004 9:41 AM) VAKDOCS:50049S56.7 |||3862705t11Page:23 of*W 07/30/200-4 C3:27P 4i .B&Clark County.WA 23If! MLL£ft NASH I S»*w*arr t "**-*>' A w1—f O t ^ //?If UJSZi&tJ 5. -I 56.rrr/r*«. J.Pf./C.tttf v.&1 $ a fi=: k?!si L .P -I II» *-Sss!« B I l lit2IIs <0 itO£*P%i ?*<1 *1»:IIu Ui 60c~u 3CG 60c'CDu453Crt!5 8 8 oge 4>§xH<3J22*Q.|i<o »5 . a -^tv pa tn«/x»» Wf. lUii>».a M'VJ MUH.»W C.wCut>It uniMuu»wMitii»1J PROPOSED SIIC WAN i55?fi ft A1.01mS'-.v-o-fillVi Atai v. Exhibit “D” Mitigation Conditions: 1.Site improvement plans shall be prepared in accordance with City of Camas standards.The plans will be prepared by a licensed civil engineer in Washington State and submitted to the City for review and approval. 2.A Final Stormwater Report shall be submitted at the time of final site improvement plan submittal for review and approval. 3.Prior to final construction plan approval the applicant shall provide a use authorization agreement from the owner of the offsite stormwater facility that allows the applicant to direct stormwater flows to the existing off-site private stormwater facility or provide alternative stormwater facilities acceptable to the city. 4.A 3%construction plan review and inspection fee shall be required for this development.The fee will be based on an engineer’s estimate or construction bid. The specific estimate will be submitted to the City for review and approval.The fee will be paid prior to the construction plans being signed and released to the applicant. Under no circumstances will the applicant be allowed to begin construction prior to approval of the construction plans. 5.The applicant will be required to purchase all permanent traffic control signs,street name signs,street lighting and traffic control markings and barriers for the improved development in accordance with CMC 17.19.030 (I)&(J).The City will supply the list of required signs,markings and barriers at the time paving is scheduled. 6.In the event that any item of archaeological interest is uncovered during the course of a permitted ground disturbing action or activity,all ground disturbing activities shall immediately cease and the applicant shall notify the Public Works Department and DAHP. 7.Final as-built construction drawing submittals shall meet the requirements of the Camas Design Standards Manual. 8.Fugitive emissions associated with construction must be controlled at the excavation site,during transportation of excavated material,and at any disposal site.During dry weather months,the contractor shall provide a dust control plan and utilize best practices in reducing impacts from dust. 9.The use of equipment and activities producing intermittent or repetitive noise commonly associated with site improvements and construction shall not occur:a) Before 7 a.m.or after 7 p.m.Monday through Friday;b)Before 7 a.m.or after 5 p.m. on Saturdays;and,c)Anytime on Sundays or the following holidays:New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,or Christmas Day.