RES 15-016RESOLUTIONNO.15-016ARESOLUTIONapprovingaDevelopmentAgreementbetweentheCityofCamasandGreenMountainLand,LLCWHEREAS,GreenMountainLand,LLCistheownerofcertainrealpropertylocatedwithintheCityofCamas;andWHEREAS,thepartieshavenegotiatedaDevelopmentAgreementrelatingtosaidpropertyandtheconstructionofcertaintrunklinesewerimprovementsacrosstheNorthUrbanGrowthArea(NUGA);andWHEREAS,theDevelopmentAgreementsetsforthcertaindevelopmentstandardsthatwillgovernthedevelopmentofthepropertyandtheconstructionoftheidentifiedtrunklinesewerimprovements;andWHEREAS,theCityCouncilhasconductedapublichearingontheproposedDevelopmentAgreementonNovember2,2015,atwhichtimeitconsideredtestimonyfromallinterestedparties;andWHEREAS,theCityCouncilfindsthattheagreementhasbeenreviewedbytheDirectorofCommunityDevelopmentandhasbeenfoundtomeetapplicableplanningrequirements;andWHEREAS,Section5oftheDevelopmentAgreementprovidesfortheprovisionofadequatesecuritytotheCitybyOwner;andWHEREAS,theCityCouncildesirestoapprovetheDevelopmentAgreementandauthorizetheMayortosigntheAgreementonbehalfoftheCityontheconditionthatOwnerhasfullycompliedtothesatisfactionoftheCitytheconditionsassetforthwithinSection5therein.NOW,THEREFORE,BEITRESOLVEDBYTHECOUNCILOFTHECITYOFCAMASASFOLLOWS:
IThatcertainDevelopmentAgreementbetweentheCityofCamasandGreenMountainLand,LLCrelatingtocertainrealpropertylocatedwithintheCity'smunicipalboundaryisherebyapproved.TheMayorisauthorizedandinstructedtosigntheagreementonbehalfoftheCityuponsatisfactionofthesecurityconditionsassetforthwithinSection5therein.IIUponexecutionbyallpartiesthereto,theDevelopmentAgreementshallberecordedwiththeClarkCountyAuditor,pursuanttotherequirementsofRCW36.70(b).190.ADOPTEDBYTHECOUNCILOFTHECITYOFCAMASANDAPPROVEDBYTHEMAYORthis21stdayofDecember,2015.LJSIGNED:[yorPfefec.CMATTEST:ClerkAPPROVEDastoform:CityAttorney
After recording,return to :
RANDALL B.PRINTZ
Landerholm,Memovich,
Lansverk &Whitesides,P.S.
P.O.Box 1086
Vancouver,WA 98666-1086
Space Above for Recording Information Only
DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”)is made and entered into by and between
the CITY OF CAMAS,a Washington Municipal Corporation (hereinafter referred to as the
“City”)and Green Mountain Land LLC (hereinafter referred to as the “Owner ”)(and
collectively referred to as “Parties”).
RECITALS
WHEREAS,Owner owns or controls certain real property which is located within the
City’s municipal boundary and which is more fully described in the attached Exhibit “A”,
(hereinafter referred to as the “Property”);and,
WHEREAS,the City and the Owner recognize the area of the City known as the
North Urban Growth Area (“NUGA”),will develop over a period of many years;and,
WHEREAS,the Owner has applied to the City for a Planned Residential
Development for the Property which is located within the NUGA and will require significant
investment in sewer infrastructure to develop the Property;and,
WHEREAS,it is anticipated that certain conditions in the approved Planned
Residential Development for the Property will require the Owner to complete specific sewer
improvements which will be considered together with this Agreement;and
WHEREAS ,the City and the Owner wish to provide predictability and efficiency
about the design,cost and delivery of sewer service to the Property and other properties in
NUGA;and,
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -1 -1062002
WHEREAS,the City intends to construct trunk line sewer improvements identified in
the City’s Capital Facilities Plan (“the Phase B Improvements”)across the NUGA to provide
a more efficient and less costly way to maintain sewer system;the improvements are
identified on Exhibit B,which is attached hereto and incorporated by reference herein;and
WHEREAS,the City intends to issue Water and Sewer Revenue Bonds (“Bonds”)to
finance design and construction of the Phase B Improvements;and
WHEREAS,the City and the Owner recognize that financial contributions from the
Owner to the City will benefit not only the Property,but also other properties in the NUGA
served by the Phase B Improvements to be constructed by the City;and,
WHEREAS,the City is a Washington Municipal Corporation with annexation
powers,and land use planning and permitting authority over all land within its corporate
limits;and,
WHEREAS,the Washington State Legislature has authorized the execution of
Development Agreements between local governments and a person having ownership or
control of real property within its jurisdiction pursuant to RCW 36.70B.170(1);and,
WHEREAS,pursuant to RCW 36.70B.170,a Development Agreement may set forth
the development standards and other provisions that shall apply to,govern and vest the
development,use and mitigation of the development of real property for the duration
specified in the agreement;which statute provides:
(1)A local government may enter into a Development Agreement with a person
having ownership or control of real property within its jurisdiction.A city may enter
into a development agreement for real property outside its boundaries as part of a
proposed annexation or a service agreement .A development agreement must set forth
the development standards and other provisions that shall apply to and govern and vest
the development,use,and mitigation of the development of the real property for the
duration specified in the agreement.A development agreement shall be consistent
with applicable development regulations adopted by a local government planning
under chapter 36.70A RCW;and
WHEREAS,the legislative findings supporting the enactment of this section provide:
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 as
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -2 -1062002
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.Further,the lack of public facilities
and services is a serious impediment to development of new housing and
commercial uses.Project applicants and local governments may include
provisions and agreements whereby applicants are reimbursed over time for
financing public facilities.It is the intent of the legislature by RCW
36.70B.170 through 36.70B.210 to allow local governments and owners and
developers of real property to enter into development agreements;and
WHEREAS ,for the purposes of this Agreement,“Development Standards”includes,
but is not limited to,all of the standards listed in RCW 36.70 B.170(3);and,
NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1.
be implemented under the authority of and in accordance with RCW 36.70B.170 through
RCW 36.70B.210.It shall become a contract between the Owner and the City upon its
approval by ordinance or resolution following a public hearing as provided for in
RCW 36.70B.170;and upon recording of the Agreement,as set forth in Section 12 herein.
Development Agreement.This Agreement is a Development Agreement to
Term of Agreement.This Agreement shall commence upon the EffectiveSection2.
Date,and shall be valid for a period of fifteen (15)years;unless extended or terminated by
mutual consent of the Parties.
Section 3.
design,permit,publically bid and construct the Phase B Improvements shown in Exhibit B.
The City will exercise its best efforts to complete construction of the Phase B Improvements
by September 30th,2017 and to complete any sewer improvements “down stream”of Phase B
(Down Stream Improvements”),at the time when such sewer services are needed to provide
sufficient capacity for the full build out of the currently approved Green Mountain PRD.In
the event the City fails to have the Phase B Improvements constructed such that the Property
may be connected to the Phase B Improvements for sewer service by September 30,2019,or
the Down Stream Improvements at the time when needed for the continued build out of the
Green Mountain PRD as currently approved,then the Owner shall have the right to suspend
payment of the Annual Payment,until such time as the Phase B or Down Stream
Improvements are operational and available for use by the Property.Any Annual Payments
that had not been paid would then be due prior to Owner’s connection to the Phase B
Improvements or the Down Stream Improvements.In the event that the City does not
complete the Phase B Improvements by December 31,2021,then the Owner shall have no
further obligation to make any remaining Annual Payments under this Agreement and the
City shall refund all Annual Payments made to date and release to the Owner,any security
provided for under this Agreement.
As soon as reasonably practical,the City shall begin the process to fund,
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -3 -1062002
In lieu of the Owner constructing all of the Phase B Improvements (which areSection4.
provided for in the City’s Capital Facilities Plan to serve the North Urban Growth Area),the
City shall be paid by the Owner the amounts provided for in Exhibit C at the times provided
for in Exhibit C (the “Annual Payments”).
In order to secure Owner’s Annual Payments under this Agreement,OwnerSection5.
agrees to provide security to the City (the “Security”)in the amount of a minimum of two
Annual Payments as shown on Exhibit C.The Security may be in one of the following forms:
(1)cash deposited into a segregated sub-account with a bank designated by the City with
escrow provisions mutually agreeable to the Parties;(2)a surety bond from a company
acceptable to the City,or (3)an irrevocable letter of credit.The City shall be the beneficiary
of any Security and the City may draw on the security in the amount of any Annual Payment
or portion of any Annual Payment not paid by the Owner by its due date upon receipt by the
bank or issuer of the Security of a written certificate of the City Finance Director demanding
payment of the sum identified in the certificate.The City may make consecutive demands for
payment under the Security until its entire principal balance has been paid to the City.If the
surety bond is for a term less than 15 years,the surety bond shall provide that the City may
draw on the surety bond 30 days prior to its expiration if the Owner has not provided a
substitute surety bond or other acceptable security prior to the termination of the letter of
credit.If the letter of credit is for a term less than 15 years,the letter of credit shall provide
that the City may draw on the letter of credit 30 days prior to its expiration if the Owner has
not provided a substitute letter of credit or other acceptable security prior to the termination of
the letter of credit.Security in the form of cash may be invested by the City in any permitted
investments for City funds and interest earnings shall be retained by the City.Any cash
remaining in this sub account at the termination of this Agreement shall be returned to Owner.
Any of the Annual Payment amounts not secured as provided for in the preceding paragraph,
shall be secured by Owner granting the City a first lien position on a portion of the Property
legally described in Exhibit D under the terms and conditions of Exhibit D (the “Initially
Liened Property”).The Initially Liened Property shall have a 2015 assessed value,or
appraised value based on an appraisal acceptable to the City (where such acceptance shall not
be unreasonably withheld),whichever is greater,not less than $3,724,948.50 (which upon
execution of this Agreement will be approximately equal to 175%of 13 estimated Annual
Payments as shown on Exhibit C).Periodically,the Owner may substitute a different portion
of the Property at Owners discretion,to replace the Initially Liened Property then subject to
the lien (“Substituted Liened Property”).The Substituted Liened Property must have an
assessed or appraised value based on an appraisal acceptable to the City,(where such
Acceptance shall not be unreasonably withheld)of at least 175%of the Annual Payments
remaining to be paid minus two payments (the “Remaining Payments”).For example,if there
are ten Annual Payments remaining to be paid,the Substituted Liened Property must have an
appraised or assessed value of 175%of eight (8)Annual Payments.Upon the Owner
identifying any Substituted Liened Property and once the City deems the appraisal acceptable,
the City shall release the Initially Liened Property from the lien and deed of trust;and shall
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -4 -1062002
replace it with the Substituted Liened Property.The Owner shall be responsible for any costs
associated with the substitution of any security under this section.The City will not consent to
release any Liened Property if the Owner is in default of any obligations under this
Agreement.
At any time during this Agreement,the Owner shall have the right to prepay any or all of the
Annual Payments remaining to be paid,under this Agreement.
The City shall provide the Owner with notice of default and an opportunity to cure a default
under this Section in the following manner:City shall provide written notice to the Owner of
the amount and type of any default under this Section.Upon receipt of such notice of default
by the Owner under this Section,the Owner shall within 30 days cure such default,subject to
a late payment charge of 9%per annum on any Annual Payment amount unpaid as of the due
date thereof.
The Owner intends (but is not required)to construct interim sewerSection6.
improvements on Goodwin Road to provide service to the Property until such time that
Phase B improvements are completed (“Phase A Improvements”),
improvements are also identified on Exhibit B.The approximate capacity of the Phase A
Improvements is 350 Equivalent Residential Dwelling Units (“ERUs”).The City agrees that
the Owner may utilize the capacity in the Phase A Improvements or the City may allow others
(“Latecomers”)to utilize the remaining actual capacity above 201 ERU’s until such time that
the permanent Phase B improvements are completed.The Owner may request and apply to
the City for a Latecomer Agreement which would obligate the City to collect from the
Latecomer a latecomers fee that is equal to the cost of the design,permitting and construction
of the Phase A Improvements multiplied by the percentage of 350 ERUs utilized by the
Latecomer.Should the Owner apply for a Latecomer Agreement,it will be considered
separately by the City from this Agreement.
These Phase A
In the event that the City has not completed construction of the Phase B Improvements prior
to the exhaustion of the capacity in the Phase A Improvements,the Owner shall have ability at
its sole cost and expense,to construct and utilize any additional,lawfully available capacity in
the Phase A system (“Additional Phase A Improvements”)utilizing a reasonable design
approved by the City.The Owner shall be responsible for completing all analyses and
investigations to document that there is available capacity in the Phase A system and the City
will need to approve all analyses prior to the Owner starting design on any Additional
Phase A Improvements.
If Additional Phase A Improvements are constructed by the Owner and the City allows such
capacity to be used to serve property other than Owners Property,the Owner may request and
apply to the City for a Latecomer Agreement which would obligate the City to collect from
the Latecomer a latecomers fee that is equal to the pro rata share of the cost of the design,
permitting and construction of the Additional Phase A Improvements based upon the
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -5 -1062002
percentage of capacity of the Additional Phase A improvements utilized by the Latecomer.
Should the Owner apply for a Latecomer Agreement,it will be considered separately by the
City from this Agreement.
The Owner shall design and construct all temporary Phase A Improvements,Additional Phase
A Improvements and all temporary sewer improvements on the Property such that they can be
properly decommissioned or abandoned once the permanent Phase B Improvements are
completed.Additionally,the Owner shall be responsible for decommissioning or abandoning
all temporary improvements on the Property once the permanent Phase B improvements are
completed.
The City shall issue to the Owner,Sewer System Development Charge Credits (SDC Credits)
in an amount equal to thirty-three percent (33%)of the Annual Payment amount paid by the
Owner under Exhibit “C”.In the event the Owner constructs any portion of the Phase B
Improvements,in addition to any SDC credits authorized to be paid to Owner under this
section,the Owner shall be entitled to thirty-three percent (33%)of the cost of the Phase B
Improvements constructed by the Owner as estimated in the City’s Capital Facilities Plan in
effect on the date of this Agreement..
Remedies.Should a disagreement arise between the City and DeveloperSection7.
regarding the interpretation and application of this Agreement,the parties agree to attempt to
resolve the disagreement by first meeting and conferring.If such meeting proves
unsuccessful to resolve the dispute,the disagreement may be resolved by judicial action filed
in the Clark County Superior Court.The remedies provided for in Section 3,shall be in
addition to any other remedies the Owner may have for failing to construct the Phase B or
Down Stream Improvements.
Performance.Failure by either party at any time to require performance bySection8.
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.
Venue.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.
Section 9 .
If any portion of this Agreement shall be invalid orSection10.
unenforceable to any extent,the validity of the remaining provisions shall not be affected
thereby.
Severability.
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -6 -1062002
Section 11.Inconsistencies.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 12.Binding on Successors and Recording.The rights and obligations created by
this Agreement are assignable and shall be binding upon and inure to the benefit of Owner,
the City,and their respective heirs,successors and assigns,with the exception that any
assignment by Owner shall be consented to by the City,which consent shall not be
unreasonably withheld.If Owner properly assigns its rights and obligations under this
Agreement and no longer owns any portion of the Property,the City shall release Owner from
any further obligation or liability under this Agreement.The rights and obligations created
by this Agreement shall also run with the land,but only with respect to those portions of the
Property that have not received final plat approval for a subdivision or Site Plan approval for
a commercial or multi family development.Only Owner and the City or their assigns shall
have the right to enforce the terms of this Amendment.This Agreement shall be recorded
against the real property indicated on Exhibit “A”with the Clark County Auditor,which date
shall act as the Effective Date as set forth in Section 2 herein.
Recitals.Each of the recitals contained herein are intended to be,and areSection13.
incorporated as,covenants between the parties and shall be so construed.
Section 14.Amendments .This Agreement may only be amended by mutual agreement of
the parties.Pursuant to RCW 36.70B.170 (4),the City reserves the authority to impose new or
different regulations to the extent required by a serious threat to public health and safety.
Exhibits:
Exhibit “A”:
Exhibit “B”:
Legal Description of Property
Phase B Improvements to be constructed by the City and Phase A
Improvements to be constructed by Owner.
Exhibit “C”:Annual Payment Schedule
Exhibit “D”:Legal Description of Initially Liened Property.
DEVELOPMENT AGREEMENT
Green Mountain Land,LLC Page -7 -1062002
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed as
of the dates set forth below:
GREEN MOUNTAIN LAND LLCCITYOF
ByByNVh(nr TitleTitle
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
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
is
of GREEN MOUNTAIN LAND,LLC to be
,2015.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 th&tlhe signed this
instrument,on oath stated that he was authorized to execute this instrument and
acknowledged it as the PAfLjOC'of the CITY OF CAMAS,to be the free and
voluntary act of such party for 'the uses and purposes mentioned in the instrument.
is
^NOTARY PUBLIC for the State of Washington,
:’o ^oLARp **.Residing in the County of Clark\\PUBLW My Commission Expires:^/1 31)I
DEVELOPMENT AGREEI^Nf ^--''LSVNNNGreenMountainLand,LLC Pa|&f $
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1111 BROADWA Y.VANCOUVER.WA 98660
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Exhibit "A"
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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 GREEN MOUNTAIN LAND,LLC
PERIMETER
May 27,2014
A parcel of land in the South half of Section 17,the East half of Section 20,and the
West half of Section 21,all in Township 2 North,Range 3 East of the Willamette Meridian in
Clark County Washington,described as follows:
BEGINNING at the Northeast comer of the Southeast quarter of said Section 17;
THENCE North 89°22”57”West,along the North line of the South half of said
Section 17,a distance of 3514.78 feet,more or less,to the centerline of Northeast Ingle Road;
THENCE South 01°53'59"West,along said centerline,a distance of 477.58 feet to a
point on a 335.00 foot radius curve to the left ;
THENCE along said centerline,and along said 335.00 foot radius curve to the left (the
long chord of which bears South 19°58’22”East,a distance of 249.60 feet),an arc distance
of 255.77 feet;
THENCE South 41°50’43”East,along said centerline,a distance of 141.81 feet to a
675.00 foot radius curve to the right;
THENCE along said centerline,and along said 675.00 foot radius curve to the right
(the long chord of which bears South 33°13’03”East,a distance of 202.52 feet),an arc
distance of 203.29 feet;
THENCE South 24°35’23”East,along said centerline,a distance of 57.61 feet to a
point on a 1200.00 foot radius curve to the left;
THENCE along said centerline,and along said 1200.00 foot radius curve to the left
(the long chord of which bears South 28°02’22”East,a distance of 144.41 feet),an arc
distance of 144.50 feet;
THENCE South 31°29’20”East,along said centerline,a distance of 190.47 feet;
THENCE South 30°43’55”East,along said centerline,a distance of 678.85 feet;
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f 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
THENCE South 29°58’13”East,along said centerline,a distance of 238.24 feet to a
point which bears South 59°56’15”West from a 1/2”iron pipe marking the Northwest
comer of that parcel of land conveyed to Keith and Gloria Bakker by deed recorded under
Auditor's File No.G 646584,records of Clark County;
THENCE leaving said centerline,North 59°56’15”East,a distance of 21.66 feet to
said iron pipe on the North line of said Bakker parcel;
THENCE continuing North 59°56’15”East,along said North line,a distance of
329.81 feet to a 3/4"iron pipe and the Northeast comer thereof;
THENCE South 33°49’02”East,along the East line of said Bakker parcel,a distance
of 667.95 feet to a 3/4"iron pipe at the Southeast comer thereof;
THENCE South 49°37’59”West,along the South line of said Bakker parcel,a
distance of 353.18 feet,more or less,to the centerline of Northeast Ingle Road;
THENCE South 40°25’24"East,along said centerline,a distance of 178.15 feet to a
point which bears South 06°18’14”West from a 1/2”iron pipe on an Easterly line of that
parcel of land conveyed to James M.Bartmess by deed recorded under Auditor's File No.
8911140220,records of Clark County;
THENCE North 06°18’14”East,along said Easterly line,a distance of 71.63 feet to
said iron pipe and to an angle point;
THENCE North 86°45’59”East,along the Southerly line of said Bartmess tract,a
distance of 9.94 feet to the Northwest comer of that parcel of land conveyed to Ronald and
Rhonda Warman by deed recorded under Auditor's File No.9004270087,records of ClarkCounty;
THENCE North 86°58’36”East,along the North line of said Warman parcel,a
distance of 790.14 feet to the Northeast comer thereof;
THENCE South 02°04’33”West,along the East line of said Warman parcel,a
distance of 973.64 feet,more or less to the Northeasterly right-of-way line of Northeast Ingle
Road as conveyed to Clark County by deed recorded under Auditor’s File No.4217481 D,
said point being 30.00 feet from,when measured perpendicular to,the centerline of said
Road;
THENCE South 40°25’24”East,along said right -of-way line,a distance of 353.90
feet to a point on a 2030.00 foot radius curve to the right;
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f 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
THENCE along said right-of-way,and along said 2030.00 foot radius curve to the
right (the long chord of which bears South 37°00’37”East,a distance of 241.71 feet),an arc
distance of 241.85 feet;
THENCE South 33°35’50”East,along said right -of -way,a distance of 1043.01 feet
to a point on a 830.00 foot radius curve to the right;
THENCE along said right-of-way,and along said 830.00 foot radius curve to the right
(the long chord of which bears South 23°12’47”East,a distance of 299.21 feet),an arc
distance of 300.85 feet;
THENCE South 12°49’45”East,along said right-of-way,a distance of 392.70 feet to
a point on a 770.00 foot radius curve to the left;
THENCE along said right-of-way,and along said 770.00 foot radius curve to the left
(the long chord of which bears South 29°32’51”East,a distance of 443.01 feet),an arc
distance of 449.36 feet;
THENCE South 46°15’59”East,along said right -of-way,and the Southerly
projection thereof,a distance of 39.01 feet,more or less,to a point on the centerline of
Northeast Goodwin Road;
THENCE North 43°58’00”East,along said centerline,a distance of 494.48 feet to a
point on a 955.00 foot radius curve to the right;
THENCE along said centerline,and along said 955.00 foot radius curve to the right
(the long chord of which bears North 56°56’15”East,a distance of 428.71 feet),an arc
distance of 432.40 feet;
THENCE North 69°54’30”East,along said centerline,a distance of 354.84 feet to a
point on a 955.00 foot radius curve to the right;
THENCE along said centerline,and along said 955.00 foot radius curve to the right
(the long chord of which bears North 80°35’44”East,a distance of 354.20 feet),an arc
distance of 356.26 feet to a point on the South line of the Northwest quarter of said Section
21;
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f 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
THENCE South 88°43’02”East,along said South line,a distance of 987.61 feet to
the Southeast comer of said Northwest quarter;
THENCE North 01°27’15”East,along the East line of said Northwest quarter,a
distance of 1314.56 feet to the North line of the South half of the Northwest quarter of said
Section 21;
THENCE North 88°42’01”West,along said North line,a distance of 1800.91 feet,
more or less,to the East line of the TJ.Fletcher Donation Land Claim No.51;
THENCE North 01°13’25”East,along said East line,a distance of 1315.09 feet,
more or less,to the North line of the Northwest quarter of said Section 21;
THENCE North 88°40’59”West,along said North line,a distance of 830.93 feet to
the Northwest comer of said Section 21;
THENCE North 01°45’50”East,along the East line of the Southeast quarter of said
Section 17,a distance of 2650.46 feet to the POINT OF BEGINNING.
SUBJECT TO county roads.
EXCEPT that parcel conveyed to Green Mountain Resorts,Inc.by deed recorded
under Auditor’s File No.9311050364,also known as Mountain Glen Subdivision,recorded in
Book “J”of Plats,at Page 199,records of Clark County.
ALSO EXCEPT that parcel of land conveyed to R.Lon and Rachelle Combs,recorded
under Auditor’s File No.4150099 D,records of Clark County.
-U LA^m
6
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1
EXHIBIT C
City of Camas ,Washington
Water and Sewer Revenue Bonds,2015
Bond Debt Service Breakdown (FINAL )
$Total Project Fund:
City Funded Portion:
Developer Funded Portion:
17,000,000
15,100,000
1,900,000
100.00%
88.82%
11.18%
$
$
All in TIC of Debt
#ofPmts
3.4861%
30
New Money Portion of Bonds Developer Portion
Total Debt Service Annual Debt Service Semiannual PMT Annual PMT
$12/1/2015
6/1/2016
12/1/2016
6/1/2017
12/1/2017
6/1/2018
12/1/2018
6/1/2019
12/1/2019
6/1/2020
12/1/2020
6/1/2021
12/1/2021
6/1/2022
12/1/2022
6/1/2023
12/1/2023
6/1/2024
12/1/2024
6/1/2025
12/1/2025
6/1/2026
12/1/2026
6/1/2027
12/1/2027
6/1/2028
12/1/2028
6/1/2029
12/1/2029
6/1/2030
12/1/2030
158,237 $
351,638
351,638
351.638
761.638
347.538
767.538
343.338
768.338
339,088
769,088
332.638
777.638
325.963
785.963
316.763
796.763
304.763
804.763
292.263
822.263
279,013
834,013
265.138
1.265.138
240.138
1.290.138
219.138
1.314.138
194,500
1,339,500
158,237
$81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
81,867
$703,275 163,734
$1,113,275 163,734
$1,115,075 163,734
$1,111,675 163,734
$1,108,175 163,734
$1,110,275 163,734
$1,111,925 163,734
$1,113,525 163,734
$1,109,525 163,734
$1,114,525 163,734
$1,113,025 163,734
$1,530,275 163,734
$1,530,275 163,734
$1,533,275 163,734
$1,534,000 163,734
6/1/2031
12/1/2031
6/1/2032
12/1/2032
6/1/2033
12/1/2033
6/1/2034
12/1/2034
6/1/2035
12/1/2035
165.875
1.365.875
135.875
1.395.875
104,375
1,429,375
71,250
1,461,250
36,500
1,496,500
$1,531,750
$1,531,750
$1,533,750
$1,532,500
$1,533,000
$25,773,087 $25,773,087 $2,456,009 $2,456,009
Payments shall be made either annually or semi annually as provided for above.
KeyBanc
Ceiyital MdiktftePreparedby:O-K
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EXHIBIT D
LEGAL DESCRIPTION FOR GREEN MOUNTAIN LAND,LLC
INITIALLY LIENED PROPERTY
October 28,2015
A parcel of land in the South half of Section 17,the East half of Section 20,and the
West half of Section 21,all in Township 2 North,Range 3 East of the Willamette Meridian inClarkCountyWashington,described as follows:
BEGINNING at the Northeast comer of the Southeast quarter of said Section 17;
THENCE North 89°22”57”West,along the North line of the South half of said
Section 17,a distance of 3514.78 feet,more or less,to the centerline of Northeast Ingle Road;
THENCE South 01°53'59"West,along said centerline,a distance of 477.58 feet to a
point on a 335.00 foot radius curve to the left;
THENCE along said centerline,and along said 335.00 foot radius curve to the left (the
long chord of which bears South 19°58’22”East,a distance of 249.60 feet),an arc distanceof255.77 feet;
THENCE South 41°50’43”East,along said centerline,a distance of 141.81 feet to a
675.00 foot radius curve to the right;
THENCE along said centerline,and along said 675.00 foot radius curve to the right
(the long chord of which bears South 33°13’03”East,a distance of 202.52 feet),an arcdistanceof203.29 feet;
THENCE South 24°35’23”East,along said centerline,a distance of 57.61 feet to a
point on a 1200.00 foot radius curve to the left;
THENCE along said centerline,and along said 1200.00 foot radius curve to the left
(the long chord of which bears South 28°02’22”East,a distance of 144.41 feet),an arcdistanceof144.50 feet;
THENCE South 31°29’20”East,along said centerline,a distance of 190.47 feet;
THENCE South 30°43’55”East,along said centerline,a distance of 678.85 feet;
THENCE South 29°58’13”East,along said centerline,a distance of 238.24 feet to apointwhichbearsSouth59°56’15”West from a 1/2”iron pipe marking the Northwest
Page 1 of 9
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comer of that parcel of land conveyed to Keith and Gloria Bakker by deed recorded under
Auditor's File No.G 646584,records of Clark County;
THENCE leaving said centerline,North 59°56’15”East,a distance of 21.66 feet to
said iron pipe on the North line of said Bakker parcel;
THENCE continuing North 59°56’15”East,along said North line,a distance of
329.81 feet to a 3/4"iron pipe and the Northeast comer thereof;
THENCE South 33°49’02”East,along the East line of said Bakker parcel ,a distance
of 667.95 feet to a 3/4"iron pipe at the Southeast comer thereof;
THENCE South 49°37’59”West,along the South line of said Bakker parcel,a
distance of 353.18 feet,more or less,to the centerline of Northeast Ingle Road;
THENCE South 40°25’24"East,along said centerline,a distance of 178.15 feet to a
point which bears South 06°18’14”West from a 1/2”iron pipe on an Easterly line of that
parcel of land conveyed to James M.Bartmess by deed recorded under Auditor's File No.
8911140220,records of Clark County;
THENCE North 06°18’14”East,along said Easterly line,a distance of 71.63 feet to
said iron pipe and to an angle point;
THENCE North 86°45’59”East,along the Southerly line of said Bartmess tract,a
distance of 9.94 feet to the Northwest comer of that parcel of land conveyed to Ronald and
Rhonda Warman by deed recorded under Auditor's File No.9004270087,records of Clark
County;
THENCE North 86°58’36”East,along the North line of said Warman parcel,a
distance of 790.14 feet to the Northeast comer thereof;
THENCE South 02°04’33”West,along the East line of said Warman parcel,a
distance of 973.64 feet,more or less to the Northeasterly right-of-way line of Northeast Ingle
Road as conveyed to Clark County by deed recorded under Auditor’s File No.4217481 D,
said point being 30.00 feet from,when measured perpendicular to,the centerline of said
Road;
THENCE South 40°25’24”East,along said right-of-way line,a distance of 353.90
feet to a point on a 2030.00 foot radius curve to the right;
Page 2 of 9
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THENCE along said right-of-way,and along said 2030.00 foot radius curve to the
right (the long chord of which bears South 37°00’37”East,a distance of 241.71 feet),an arc
distance of 241.85 feet;
THENCE South 33°35’50”East,along said right-of-way,a distance of 1043.01 feet
to a point on a 830.00 foot radius curve to the right;
THENCE along said right-of-way,and along said 830.00 foot radius curve to the right
(the long chord of which bears South 23°12’47”East ,a distance of 299.21 feet),an arc
distance of 300.85 feet;
THENCE South 12°49’45”East,along said right-of-way,a distance of 392.70 feet to
a point on a 770.00 foot radius curve to the left;
THENCE along said right-of-way,and along said 770.00 foot radius curve to the left
(the long chord of which bears South 29°32’51”East,a distance of 443.01 feet),an arc
distance of 449.36 feet;
THENCE South 46°15’59”East,along said right-of -way,and the Southerly
projection thereof,a distance of 39.01 feet,more or less,to a point on the centerline of
Northeast Goodwin Road ;
THENCE North 43°58’00”East,along said centerline,a distance of 494.48 feet to a
point on a 955.00 foot radius curve to the right;
THENCE along said centerline,and along said 955.00 foot radius curve to the right
(the long chord of which bears North 56°56’15”East,a distance of 428.71 feet),an arc
distance of 432.40 feet;
THENCE North 69°54’30”East,along said centerline,a distance of 354.84 feet to a
point on a 955.00 foot radius curve to the right;
THENCE along said centerline,and along said 955.00 foot radius curve to the right
(the long chord of which bears North 80°35’44”East,a distance of 354.20 feet),an arc
distance of 356.26 feet to a point on the South line of the Northwest quarter of said Section
21;
THENCE South 88°43’02”East,along said South line,a distance of 987.61 feet to
the Southeast comer of said Northwest quarter;
Page 3 of 9
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THENCE North 01 °27’15”East ,along the East line of said Northwest quarter,a
distance of 1314.56 feet to the North line of the South half of the Northwest quarter of said
Section 21;
THENCE North 88°42’01”West,along said North line,a distance of 1800.91 feet,
more or less,to the East line of the T.J.Fletcher Donation Land Claim No.51;
THENCE North 01°13’25”East,along said East line,a distance of 1315.09 feet ,
more or less,to the North line of the Northwest quarter of said Section 21;
THENCE North 88°40’59”West,along said North line,a distance of 830.93 feet totheNorthwestcomerofsaidSection21;
THENCE North 01°45’50”East,along the East line of the Southeast quarter of said
Section 17,a distance of 2650.46 feet to the POINT OF BEGINNING.
SUBJECT TO county roads.
EXCEPT that parcel conveyed to Green Mountain Resorts,Inc.by deed recordedunderAuditor’s File No.9311050364,also known as Mountain Glen Subdivision,recorded in
Book “J”of Plats,at Page 199,records of Clark County.
ALSO EXCEPT that parcel of land conveyed to R.Lon and Rachelle Combs,recorded
under Auditor’s File No.4150099 D,records of Clark County.
ALSO EXCEPT a parcel of land in the Thomas J.Fletcher Donation Land Claim No.
51 and the Northeast quarter of Section 20 and the Northwest quarter of Section 21 all in
Township 2 North,Range 3 East of the Willamette Meridian in Clark County,Washington,
described as follows:
COMMENCING at the Northwest comer of said Section 21;
THENCE South 88°40'59"East,along the North line of said Northwest quarter,a
distance of 275.43 feet to the TRUE POINT OF BEGINNING;
THENCE South 88°40'59"East,continuing along said North line,a distance of
555.50 feet to the East line of the Thomas J .Fletcher Donation Land Claim No.51;
Page 4 of 9
LAND SURVEYORS
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THENCE South 01°13'25"West,along said East line,a distance of 1315.09 feet to
the North line of the South half of said Northwest quarter;
THENCE South 88°42'01"East,along said North line,a distance of 180.00 feet;
THENCE South 01°17'59"West,leaving said North line,a distance of 214.50 feet;
THENCE South 43°42'01"East,a distance of 97.00 feet;
THENCE South 46°17'59"West,a distance of 217.43 feet;
THENCE North 43°42'01"West,a distance of 217.20 feet;
THENCE North 01°17'59"East,a distance of 209.50 feet;
THENCE North 44°04'38"West,a distance of 10.00 feet;
THENCE South 45°55'22"West,a distance of 18.00 feet;
THENCE North 44°04'38”West,a distance of 45.00 feet;
THENCE South 45°55'22"West,a distance of 25.00 feet;
THENCE North 44°04'38"West,a distance of 293.00 feet;
THENCE South 64°48'03"West,a distance of 119.90 feet to a point of a 325.00 foot
radius curve to the left;
THENCE along said 325.00 foot radius curve to the left (the long chord of which
bears South 50°35'01 "West,a distance of 159.64 feet),an arc distance of 161.29 feet;
THENCE South 36°21'59"West,a distance of 152.00 feet;
THENCE South 53°38'01"East,a distance of 82.00 feet;
THENCE South 36°21'59"West,a distance of 60.08 feet to a point on a 25.00 foot
radius non-tangent curve to the left;
Page 5 of 9
OLSON LAND SURVEYORS
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THENCE along said 25.00 foot radius non-tangent curve to the left (the long chord of
which bears South 79°04'29"West,a distance of 33.91 feet),an arc distance of 37.27 feet;
THENCE South 36°21'59"West,a distance of 10.37 feet to a point on a 226.00 foot
radius curve to the right;
THENCE along said 226.00 foot radius curve to the right (the long chord of which
bears South 40°24'28"West,a distance of 31.86 feet),an arc distance of 31.88 feet;
THENCE South 44°26'57"West,a distance of 116.20 feet to a point on a 25.00 foot
radius curve to the left;
THENCE along said 25.00 radius curve to the left (the long chord of which bears
South 10°50'12"West,a distance of 27.68 feet),an arc distance of 29.33 feet;
THENCE South 52°1 T 03"West,a distance of 52.78 feet to a point on a 174.00 foot
radius non-tangent curve to the left;
THENCE along said 174.00 foot radius non-tangent curve to the left (the long chord
of which bears North 41°41'00"West,a distance of 23.47 feet),an arc distance of 23.49 feet;
THENCE North 45°33'03"West,a distance of 41.94 feet;
THENCE South 56°38'34"West,a distance of 154.02 feet;
THENCE North 33°21'26"West,a distance of 10.00 feet;
THENCE South 56°38'34"West,a distance of 384.01 feet to the Northeasterly right-
of-way line of Northeast Ingle Road as conveyed to Clark County by deed recorded under
Auditor’s File Number 4217481 D,said point being 30.00 from,when measured
perpendicular to,the centerline of said Road;
THENCE North 33°35'50"West,along said right-of-way line,a distance of 579.67
feet to a point on a 2030.00 foot radius curve to the left;
Page 6 of 9
WUMV LAND SURVEYORS
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THENCE continuing along said right-of-way line and along said 2030.00 foot radius
curve to the left (the long chord of which bears North 36°47'28"West,a distance of 226.21
feet),an arc distance of 226.33 feet;
THENCE North 49°42’41"East,leaving said right-of-way line,a distance of 162.78
feet;
THENCE North 68°07'19"East,a distance of 86.89 feet;
THENCE North 55°00'30"East,a distance of 48.70 feet;
THENCE North 33°21 '26"West,a distance of 48.91 feet to a point on a 101.00 foot
radius curve to the right;
THENCE along said 101.00 foot radius curve to the right (the long chord of which
bears North 13°07'19"West,a distance of 69.87 feet),an arc distance of 71.34 feet;
THENCE North 72°58'30"West,a distance of 52.44 feet;
THENCE North 00°12'48"West,a distance of 326.26 feet;
THENCE North 90°00'00"East,a distance of 50.33 feet;
THENCE South 85°00'05"East,a distance of 101.07 feet;
THENCE North 45°40'45"East,a distance of 29.39 feet;
THENCE North 39°35'42"East,a distance of 40.87 feet;
THENCE North 01°40'28"East,a distance of 44.29 feet;
THENCE North 09°02'50"East,a distance of 37.25 feet;
THENCE North 24°16’29"East,a distance of 71.29 feet;
THENCE North 79°13'59"East,a distance of 132.57 feet;
Page 7 of 9
OLSON LAND SURVEYORS
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THENCE South 66°17'50"East,a distance of 69.81 feet;
THENCE South 44°47'37"East,a distance of 66.68 feet to a point on a 50.00 foot
radius curve to the left;
THENCE along said 50.00 foot radius curve to the left (the long chord of which bears
South 89°06'18"East,a distance of 69.86 feet),an arc distance of 77.34 feet;
THENCE North 46°35'02"East,a distance of 23.09 feet;
THENCE South 80°32’30"East,a distance of 168.26 feet;
THENCE North 13°12’10"East,a distance of 39.78 feet;
THENCE North 45°55'22"East,a distance of 78.06 feet;
THENCE North 51°55'18"West,a distance of 150.00 feet;
THENCE North 52°19'54"East,a distance of 8.00 feet;
THENCE North 34°11'25"West,a distance of 79.00 feet;
THENCE North 41°56'27"East,a distance of 30.00 feet;
THENCE North 77°48'25"East,a distance of 76.75 feet to a point on a 96.00 foot
radius non-tangent curve to the right;
THENCE along said 96.00 foot radius non-tangent curve to the right (the long chord
of which bears North 03°17'42"East,a distance of 7.90 feet),an arc distance of 7.91 feet;
THENCE North 05°39'16"East,a distance of 87.83 feet to a point on a 96.00 foot
radius curve to the right;
THENCE along said 96.00 foot radius curve to the right (the long chord of which
bears North 13°07'05"East,a distance of 24.94 feet),an arc distance of 25.01 feet to a point
on a 25.00 foot radius curve to the left;
Page 8 of 9
OLSON LAND SURVEYORS
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THENCE along said 25.00 radius curve to the left (the long chord of which bears
North 09°18'55"West,a distance of 24.92 feet),an arc distance of 26.09 feet;
THENCE North 50°47'16"East,a distance of 53.77 feet to a point on a 25.00 foot
radius non-tangent curve to the left;
THENCE along said 25.00 foot radius curve to the left (the long chord of which bears
South 85°06'28"East,a distance of 20.53 feet),an arc distance of 21.15 feet to a point on a
96.00 foot radius curve to the right;
THENCE along said 96.00 foot radius curve to the right (the long chord of which
bears North 82°13'22"East,a distance of 38.50 feet),an arc distance of 38.76 feet;
THENCE South 86°12'37"East,a distance of 87.89 feet to a point on a 226.00 foot
radius curve to the right;
THENCE along said 226.00 foot radius curve to the right (the long chord of which
bears South 75°24'40"East,a distance of 84.69 feet),an arc distance of 85.20 feet;
THENCE North 42°28'55"East,a distance of 115.92 feet;
THENCE North 01°19'01"East,a distance of 33.69 feet to the TRUE POINT OF
BEGINNING.
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Page 9 of 9