RES 1258 RESOLUTION NO. J a 5
A RESOLUTION approving a Development Agreement between
the City of Camas and Vanport Manufacturing Inc..
WHEREAS,Vanport Manufacturing Inc. is owner of certain real property located within the
City of Camas(hereinafter referred to as"Vanport"); and
WHEREAS,the City of Camas and Vanport 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 Vanport,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 of RCW 3 6.70(B).190.
ADOPTED by the Council of the City of Camas oved by the Mayor this 22"d day of
January, 2013.
SIGNED:] !
Mayor
ATTEST: / .
ClerkQ�-
-
APPROVED as to form:
X otc,---
City Attorney
When Recorded, Return to:
Randall B.Printz
Landerholm,Memovich,Lansverk
&Whitesides,P.S.
P.O.Box 1086
Vancouver,WA 98666-1086
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "First Amended Agreement") is made and entered
into by and between the City of Camas, a Washington Municipal Corporation, ("City"), and
Vanport Manufacturing Inc (Vanport), collectively referred to as the"Parties";
RECITALS
WHEREAS, Vanport owns or controls certain real property which is located in the City
of Camas; Washington; and which is more fully described in the attached Exhibit A which is
incorporated by reference herein("Vanport Property"); and,
WHEREAS,Vanport(under its predecessor in interest to the property, 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, In order to facilitate the development of that portion of property covered
by the Long Drive Agreement, which was recently sold to Pedwar Development Group LLC
("Pedwar"), which seeks to construct a facility to manufacturer medical devices, the City is
concurrently entering into a Development Agreement with Pedwar and amending the Long Drive
Agreement to provide clear and predictable development standards to enable Pedwar to locate its
facility within the City and to have consistent master plans for the development of the Pedwar
and Vanport properties; and,
Vanport Development Agreement- 1
PEDDOI-000004-639445.doe-639445
WHEREAS, the City also wishes to amend or clarify certain specific provisions
provided for in the Long Drive Agreement to better reflect current conditions; and,
WHEREAS, Vanport wishes to confirm its consent to the amendments to the Long
Drive Agreement master plan provided for in Exhibit C, specifically including those design
changes proposed for the portion of the property to be developed by Pedwar; and
WHEREAS, the City finds that the amended master plan attached as Exhibit C, which
amends the master plan provided for in the Long Drive Agreement, is consistent with the design
and development standards applicable to the property subject to the Long Drive Agreement; 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:
Section I. Development Agreement
This First Amended 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 Vanport 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. This First Amended Development Agreement is
subject to a State Environmental Policy Act Threshold Determination (Revised SEPA case file
#06-04-05).
Section 2. Effective Date and Duration of Agreement
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This First Amended Agreement shall take effect immediately upon its adoption by the City
Council and execution by all parties. The rights of the Long Drive Property to be developed
under the master plan and development standards provided for in this First Amended Agreement,
and any other rights provided for in the Long Drive Agreement, shall terminate on 12/31/2019,
provided that any time periods specified in this First Amended 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 First Amended Agreement.
Section 3. Master Plan
The master plan that was approved in conjunction with the Long Drive Agreement is amended as
provided for in Exhibits C (Pedwar property) and D (Vanport Property), which are attached
hereto and incorporated by reference herein. The "Description of the Proposed Development on
this Property" provided for in Section 3 of the Long Drive Agreement shall be amended to
provide for approximately 9 buildings, 140 condominium units and 29,000 square feet of
professional office space, a restaurant, a spa, conference rooms, open space and underground
parking.
Section 4. Transportation
Due to the fact that all transportation improvements identified in the Long Drive Agreement are
either funded or have been constructed, all of Section 8 (including Sections 8.1 through 8.3) of
the Long Drive Agreement should be stricken in their entirety and shall have no further effect.
Section 5. Plat Amendments
Section 7 of the Long Drive Agreement shall be stricken in its entirety and shall have no further
effect.
Section 6. Waiver
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. 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, Entire Agreement/Modifications
This First Amended Agreement constitutes an agreement between and among the Parties with
respect to the Long Drive Agreement; and except and unless a provision of the Long Drive
Vanport Development Agreement-3
PEDDO I-000004-639445.doc-639445
Agreement is specifically referenced and amended by this First Amended Agreement, all
provisions of the Long Drive Agreement shall remain in frill force and effect.
Section 10. Captions
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.
Section 11. Gender/Singular/Plural
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
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. Binding on Successors and Recording.
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.
Section 15. Recitals.
Each of the recitals contained herein are intended to be, and are incorporated as, covenants
between the parties and shall be so construed.
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:
Vanport Development Agreement-4
PEDDOI-000004-639445.doc-639445
CITY OF CAMAS, WASHINGTON
By Date
Title
Vanport Manufacturing Inc.
By Date
Title
STATE OF WASHINGTON )
ss.
County of CLARK )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute this instrument and acknowledged it
as the of the CITY OF CAMAS, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
NOTARY PUBLIC for the State of Washington,
Residing in the County of Clark
My Comn-1 ssion Expires:
STATE OF WASHINGTON }
) ss.
County of CLARK )
Vanport Development Agreement-5
PEDDO 1-000004-639445.doe-639445
I certify that I know or have satisfactory evidence that is
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 of Vanport Manufacturing, to be the free and voluntary act of such
parry for the uses and purposes mentioned in the instrument.
DATED:
NOTARY PUBLIC for the State of Washington,
Residing in the County of Clark
My Commission Expires:
Vanport Development Agreement-6
PEDD01.-000004-639445.doc-639445
Form No.1068-2 Commitment No.:4289-1576357
ALTA Plain Language CommFanent Page 3 of 15
EXHIBIT A
LEGAL DESCRIPTION
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 56035'58"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 CORNER OF THAT TRACT CONVEYED TO CITY OF CAMAS BY DEED RECORDED IN
AUDITOR'S FILE NUMBER 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 33024'02"
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 04031'09"EAST 225,73 FEET TO A 470.00
FOOT RADIUS TO THE LEFT;THENCE AROUND SAID 470.00 FOOT RADIUS CURVE TO THE LEFT 462.68
FEET;THENCE SOUTH 6005570" EAST 1322.03 FEET TO THE SOUTHWEST CORNER OF THAT TRACT
DESCRIBED AS PARCEL G IN THAT DEED CONVEYED TO LAKE DEVELOPMENT,INC„BY DEED
RECORDED IN AUDITOR'S FILE NUMBER 3465109,CLARK COUNTY RECORDS;THENCE NORTH
26024'50"EAST ALONG THE WEST LINE OF SAID PARCEL G.238.70 FEET;THENCE NORTH 45032'21"
WEST 56.43 FEET;THENCE NORTH 44031'04"WEST 400.82 FEET,THENCE NORTH 56022'01"WEST
462.25 FEET,THENCE NORTH 63008'44"WEST 350.12 FEET;THENCE NORTH 57005'57"WEST 238.78
FEET;THENCE NORTH 47040'13"WEST 343.87 FEET TO A POINT WHICH BEARS NORTH 78046'24"
EAST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 78046'24"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 CORNER OF CAMAS MEADOWS CORPORATE
CENTER PHASE I 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 56035'58"EAST ALONG THE SOUTHEASTERLY LINE OF SAID OF 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 NUMBER 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 33024'02"
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 041)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 60055'20"EAST 1322.03 FEET TO THE SOUTHWEST CORNER OF THAT TRACT"DESCRIBED AS
PARCEL G IN THAT DEED CONVEYED TO LAKE DEVELOPMENT,INC., BY DEED RECORDED IN
AUDITOR'S FILE NUMBER 3465109,CLARK COUNTY RECORDS,SAID POINT BEING THE TRUE POINT OF
BEGINNING;THENCE NORTH 26024'50"EAST ALONG THE WEST LINE OF SAID PARCEL G 238.70 FEET;
THENCE NORTH 4503221"WEST ALONG SAID WEST LINE 56.43 FEET;THENCE NORTH 44031'04"
WEST LEAVING SAID WEST LINE 78.53 FEET THENCE SOUTH 28007'46"WEST 275.63 FEET TO THE
NORTH LINE OF SAID CITY OF CAMAS TRACT;THENCE SOUTH 60055'20"EAST ALONG SAID NORTH
LINE 136.27 TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
FirstAmerlcan rHe
Form No.1068-2 Commitment No.:4289-1576357
ALTA Plain Language Commitment Page 4 of 15
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 56035'58"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 CORNER OF THAT TRACT CONVEYED TO CITY OF CAMAS BY DEED RECORDED IN
AUDITOR'S FILE NUMBER 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 33024'02"
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 04031'09"EAST 225.73 FEET TO A 470.00
FOOT RADIUS TO THE LEFT;THENCE AROUND SAID 470.00 FOOT RADIUS CURVE TO THE LEFT 462.68
FEET;THENCE SOUTH 60055'20"EAST 144.61 FEET;THENCE NORTH 29004'40"EAST LEAVING SAID
CITY OF CAMAS TRACT,392.97 FEET;THENCE NORTH 63008'44"WEST 83.31 FEET;THENCE NORTH
57005'57"WEST 238.78 FEET;THENCE:NORTH 47040'13"WEST 343.87 FEET TO A POINT WHICH
BEARS NORTH 78046`24"EAST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 7804624"
WEST 57.16 FEET TO THE TRUE POINT OF BEGINNING.
F1rstA'n tvn 77tte
Exhibit Fag--: I of 23
hR0'.136,20
MSLLEup—" $1} $3:27P
41,6® C:ark CauntY 14A
RECORDWG REQUESTED$Y
AND WEEN REC€3RDED RET1:IN Tf1:
Sr~ph�n W,tZ-oreas�.a,Aitome5' .
TJ�iiler Nash t..t.�
500 East Bmadwq,Sui>~400
PO Box 6.94
Vancouver,WA 98666-0694
Grantor Long Drive,LLC
Grantee City Of Camas,Washing
Ahbrefmted Legal NE 1/SecE=29 T2N R3E WM;W''14 Section 28 T2N R3E WWI
tions D1729f -04Assessor`s Tat Parce[Nm: Po172970-000;
175934-000
Prior Excise Tax No. ,
Ortber Reference No(s� No=
DEVELOPMENT AGPEEIVMNT•
Effective pate: Z-7 7
Parties: LONG DRIVE,LLC,a`trJashia-,on limited.
b2bility COMpany(hersi er referred.to as
."Long Drive); and
THE CITY OF CAMAS,WASHINGTON,
a Wa.shingtm municipal corporation
(herein Rw referred to as the
Recitals:
A. Lmg Drivo owns or is acquiring certain real property within the City,
pre1bnh ari.ly approved as Lot 8,phase I of Camas MeadoW�Corporate Center,and.bots $,
9, 10, 11, and 12,Phase II of Camas Meadows Cargorate Center,hereinafter referred.to as
"the Property." The legal description for the Property as well as a parcel map and mnvey
are attached hereto and incorporated herein by reference as Exhibit"A." At tae time of the
execution and approval of this Agreement all of the Propmty's subject to this Agmemenf.
DEVEL0PNM'NTT AGREEMENT-I
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MILER ld;sK RGA 4S.b0 Clark County, IFR
B. The Property is currently zoned Light Industrial I Business Park("LI/BP")
and designated A ith the 14sorth Dwyer Creek Employment Mixed Use CNDC E1VEXD")
overlay pursuant to Title 19 of the Camas Municipal Code. The Property is in the City's
Forth 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. Lea&Associates and
shows 208 p.m.peak hour trips for the development of the Property.
R 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 fne 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:
I. Purpose. The purpose of this Agreement is to:
1.1 Set forth the development standards that will govern the development of the
Property.
1.2 Vest the development of the Property under the development provisions of
the Camas'Municipal Code in e s'ecf at the time of the execution of this Agreement,
including the permitted uses of the Property,while reserving the City's authority to impose
deur or different regulations to the extent required by a serious threat to public health and
safety.
1.3 Allocate capacity in the transportation system for development of the
Property for the purpose of meeting the concurrency requirements of the Citys
Comprehensive Plan and revelations.
2. Agreement. This Development Agreement governs and vests the development of
the property described in Exhibit"A."
DEVELOPMENT AGREEMENT-2
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3. Description of the Proposed Development on this Property. The development
on the Property(the."Ambiance Project")shall baamixed 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 undergrotmd parking,
4. Zoning and Permitted Uses. The Property is zoned LUBP with a NDC ENM
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 IDC ENM 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 N-DG EM=.
(b) Professional office space is permitted in the LUMP district.
CMC 18.07.030 Table 1.
(c) A restaurant is permitted as a secondary use in the LUBP district.
CMC 18.07.030 Table 1.
(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 commu ni y`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 AGMESNT-3
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MILLER hRSH AGR 41,B5 Clark C*Ln1Y. WCk
(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.A.snbiance Project 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 oftheprirnary and
secondary LVBP uses.
(f) The employment portion of the Ambiance Proj ect will provide a
comparable number of employment opporivnities per developable acre of employment area
as would have occurred under the LI/BP base zone.
5. Development Standards. The development standards the City previously
approved for Phase 11 of the Camas Meadows Corporate Center shall control the Ambiance
Project. These standards are shown in the table attached as Exhibit"B."
S. Design Review and Master Pian 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 the master plan is
attached as Exhibit"C." Tbrough.this Development Agreement,the City approves the
master plan as generally consistent with Chapter 19.19 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.
7. Plat Amendments for Camas Meadows Corporate Center.
7.1 Phases I and 11. lbe,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 1), 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 11 and will be governed by the Phase IT development standards.
This incorporation will be memorialized with the recording of the final plat for Phase 11.
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 sho•vrn in Exhibit"D."
DEVELOPMENT AGREEM'M4T-4
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KILLER MnH AGR 41.es Clark County, UA
S. Allocation of Transportation Capacity for the Ambiance Project.
8.1 Trips Generated under 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(.-EPA file#05-00-07),development at full build-out would
generate 40.200 average daily trips, 6,100 am.peak hour trips and.5,000 p.m peak hour
trips.
8.2 Trips Allocated to the Ambiance Project. As part of the planning process
for the Ambiance project,a trip generation report was completed by K.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. Tbrough 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,
8.3 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-OD-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 tern of this Development Agreement, These intersections are: (1)NE Goodwin
Road at either NW Friberg or NW Camas Meadows Drive; (2)N'W Payne Road and NW
Lake Road or the intersection west thereof(as shown in the Dwyer Creek Master Plan);
and(3)NW 1{riberg Road at approximately half-way up from NW Lake Road (also as
shown in the North Dwyer Creek Master Plan). The estimated cost of these intersections is
$800,000.00.
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 boor 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.
9. Impact Pees. Long Drive shall pay the appropriate impact fees,determined at the
time of building permit issuance,as required by Can=Municipal Code Chapter 3.88.
DEVELOPMENT AGkBBhS'NT-5
(7120/20004 9:41 A )
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11 141 � � i 41. 1 3862705 gf3
W/30/20Ki"ER Np.t( AGR 41,W Clark County. WR
10. System Development Charge Credits. The City small 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 Ree Credits and Latecomer pees. Nothing contained in this Agreement
shall pr5clude Long Drive from receiving impact fee credits to the extent available under
tae tearns 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!he 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
zmendment to a zoning ordinance or development standard or regulation adopted after the
effective dare of the agreement. Any permit or approval issued by the City after the
execution of this Development Agreement mast be consistent with the Development
Agreement. ),rofh-ing contained in this Agreement shall preclude the City from exercising
any and all rights it has under RCVS 36.70B.170 to address issues of public health and
safety.
13. 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.
14. Run %ith the Land. This Development Agreement shall be binding on the parties'
successors and assigns. This Agreement shall be recorded with the Clark County Auditor.
15. Term.. The term of this Development Agreement shall be fzfteen(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.
16. 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 tozecover from the;other party,in addition to any award of costs or disbursements
provided by statute,reasonable suras 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
DEVELOPMENT AGREEMENT-6
(7/20/2004 9.41 AK
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ri3i tdRSF! RW2 44.03 Clark County. WA
therein and such amounts awarded shall be in addition io all other amounts provided by
law.
17. Incorporation by Reference. The following items are hereby incorporated by
reference into this Development Agreemenf:
(a) Camas SEPA case file 905-00-07 for the North Dwyer Creak Master
Plan and Ordinances;
(b) Camas SEPA case files 902-99-07 for the Camas Meadows.
Corporate Center,Phase 11.
(c} Camas SEPA case file 406-04-05 for the Ambiance Praect
I& Public Hearing. The City Council has approved execution of this Agreement by
resolution after a public hearing.
19. 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 hearing. Upon
approval of the amendment,the City sha11 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 .7-'t day of s ZI ,2004.
CITY OF CAA1A S LONG DRIVE,LLC
Hamm:*3& .t -C 4"V. 5 Name: i c 4C R• CE(2_
Title: .1 A,y e r Title: P->E
State of Washington )
SS.
County of Clark )
Di this., o 2004,before me personally appeared.
S, to me lmown to e the' 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
DEVBIAPNEEF l AGREEMENT-7
(7120/2004 9.41 AM)
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Page: a of 2S
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MILLSR 14R5K AGR 41.90 Clark County. k'A
therein mentioned,and on oath stated that he/she was authorized to execute said instraarlent
and that the seal affixed is the corporate seal of said corporafion.
Datedi- II�2004.
FMVApp=-n--,e,'�--
of VVtcry OIN C9on Notary Public for K ashington
M P.EK�G'USK
y�3:ESAUQ.22,2005
(P'.nted or ped Name of Notary)
Residing at
My at
expires:
State of Washington }
} ss.
County of Clark } f
On this? day of wL ,2004,before ane personally appeared
trzc �e n ,to ane known t6 be the rl2 of the CITY OF
CAMAS that executed the within and foregoing instrameift,and acknowledged said
instrumient to be the.free and voluntary act arld deed�he
aid corporation,for fhe uses and
purposes therein mentioned, and on oath stafedthawas authorized to execute said
instrument and that the seal affixed is thb corporate seal of said corporation.
Dated: , 2004.
r 1 f
Yotary Publlc for Washington
,�• II 1
(Printed or Stamp Name ofNotary)
Residing at KVS u a.L
My appointment exp' .
C'a
DEVF-LOPMENT AGR.EEbOl�'T-8 t�;. �•
(712012004 R.43 AM}
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Paget.3862705f 3
Y,3LLER MASH AGR 44.80 Clark County, WA
E Ir"A"
LEGA.rL DESCRIPTION,PARCEL MAT.AND SURVEY
DEV ELOPM NIT AGREEIVMNT
E�G•3IBIT"A"
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MULER ASH AGR 41.80 Clark Cnmty, L:R
AM AMOnA I LARD SURVEYORS
%aVZwi Y%v0 'V EAIGMSEAS
ENGINEERIN9 INC.
(360)695-1305
Jill BroatNvay
Vancouver, WA
98660
LEGAL DESCRIPTION FOR RICK BOWLER
Camas Meadows Golf Course Parcel
April 14,2004
A parcel of property Bring 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°35'59"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 S30'241 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
POR\1T OF BEGINNING;
T IENCE 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;
TPIENCE around said 470.00 foot radius curve to the left 462.68 feet;
'3 ENCS South 60° 55' 20" East 1322.03 feet to the Southwest corner 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 Parcel/G,238.70 feet;
PIMA
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MILLER N;tSH RGR Qt.DD Glark County, L<k
J' t LA JVD SURVEYORS
V rJJGINBERS
ENGMEERIWG INC.
(360)6954385
1111 Broadwiry
Vancouver, WA
98660
THENCE Nortta 455 32'21" West 56.43 feet;
THENCE North 440 31'04"West 400.82 feet;
THENCE North 561 22'01" West 462.25 feet;
THENTCENorth 630 09'44" West 350.12 feet;
THEENCE North 57"05'57"West 238.78 feet,
THENCE North 471 40' 13"West 343.87 feet to a point which bears North 78°46 24"
East from the TRUE POINT OF BEGINNING;
THENCE South 781 46'24" West 57.16 feet to the TRUE POINT OF BEOD44ING.
EXCEPT:
A parcel of property lying in a portion of Section 29, Township 2 North.,Range 3 East
of the Willamette Meridian,Clark County,Washington,described as follows:
COIvIN]ENCING at the most Southerly, Southeast corner of Camas Meadows
Corporate Center Phase I, a subdivision recorded in Book 310 of flats at Page 691, Clark
County records, said point being on the South right of way litre 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 W 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
riglA Mth a tangent bearing into said curve of South 331 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 40 5.00 foot radius curve to the right 141-IS feet;
Mask
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MILLER lapses 27!30!2004 93:27P
AGR 41.05 Clam County. kA
LARD SURY—rYOBS
ENGINEERS
ENGINEERING INC.
(360)6PS-1385
f 111 Broarhuay
Yancovver, WA
P8660
THENCE continuing around said 405.00 foot radius curve to the right 63.00 feet;
THENCE South 040 31'09"East 225.73 feet to a 470.00 foot radius curve to the left;
THENCE around said 4.70.00 foot radius curve to the left 462.6$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
BEG2dNLNG;
THENCE North 260 24' 50"East,along the West line of said.Parcel G,238.70 feet;
THENCE North 450 32' 21" West along said West lime 56.43 feet;
THE NCE North 441 31' 04" West leaving said West line 78.53 feet-,
THENCE South 28° OT 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
PONT OF BEGINNING.
Containing 13.80 acres,more or less.
D.
17
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MILLER 14A6H AGR 41.00 Clark County, WR
� Z�fN SURY�YDRS
f116lNEER(hG J1JC.
(360)695-1385
1111 Broadway
Vancouver, RIX
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:
COM-MENCU, G at the most Southerly, Southeast corner of Carets 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" a5'58" East along the Southeasterly line of said Corporate.Center
60.00 feet to the North line of NW Camas Meadows Drives said point being the most
Northerly comer of that tract conveyed to the City of Camas by deed recorded in Auditor's
He 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 53.00 feet;
THENCE South 040 31'09°East 225.73 feet to a 470.00 foot radius curve to the left;
TBENCE around said 470,00 foot radius curve to the left 452.68 feet;
THENCE South 60° 55' 20" East 1322.03 feet to the Southwest corner 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
B EGIl�'1�TIN G;
TIIE-NCE North 260 241 50"East,along the West line of said Parcel G,238.70 feet;
ier�„a
z.xncasu��»wzsaw� i�.en: Pagel oft
3862705
Page: 14 of 23
MILLER NRSH RCR 41,eZ C12rk County, Wt
_ LANDSURVEYORS
Npxw%-Awjwv ENGINEERS
ENGIN ?tJJ6 WC.
(360)a5-1385
1111 Broadway
V=couver, PYA
P8660
THENCE North 45°32'21 West along said West line 56.43 feet;
T.MNCE North 441 31104"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
trach,
THENCE South. 60° 55' 20" East along said North line 136.27 feet to the TRUE
POINT OF BEGINNING.
Containing 34000 square feet more or less.
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KILLER ARSH Pak 44.ee Clark ebunty. WA
DEVELOPMNT S'TAUNDARDS
DEVELOPM ntT AGREM,9—NT
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rs--LL±e HPSH rite 41,00 Clare Co-unty, M
Camas Meadows Corporate Center � -
Proposed Lot DcLvelopment Standards
,
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Minimums Lot Size 2 AcresFj 2 Acres '
Minimum Average Lot Width 200 Feet 200 Feet
Minimum Average Lot Depth 200 Feet 2D0 Feet
Minimum Front Yard Setback Parking 40 Feet' 50 Feet''
Minimum Front Yard Setback Building 40 Feet k 50 Feetx
Minimum Side Yard Setback 20 Feee 20 Feet
Minimum Rear Yard Setback 10 Fee 10 Feet
Minimum Street Side Yard Setback Parking 20 Feet' 20 Feee
Minimum Street Side Yard Setback Bulling 20 Fese 20 Feeee
Minimum Landscape Area i5°/n ISO/.
''Bui�cliflg�5tnelards: y. W' Y� --_
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Lot Coverage �-�rt�,,::; :.:`•'_:.
5D%
Building Separation Per u5c Per UBC
Parking Standards Per Table Per Table
' • .`1i3S4.i131C3:- I.8.54.03I.C3
Height Restrictions 50 Feet 50 Feet
seihaft 7 cTase i Foot mamoniar For Fadi Adatior t I Fmmt of
VesScat 9u16i Swation Over 5D Feat
L •gout yard setbacks shall be mha=ed with a(Type A LandsCape Butler):
"2 :.A-�y structure:regardless of location sball have a minimum i5 foot landscape area along facades bc;nn any
=--et and a imhm ttt 10 foot knd_smpe area on all od=biuOdirg elevaiio= 3be landscape arca may include
five plantings,ptdtmr as access,pcdest m plans,fountains,sr_ulpture and sipMe.
3. 7 be Planning Director may adj=pm itimg mounrmemm m reflexa aCtaA pari;r g requirements.
4. Side yard setbacks a&H be enhanced with a(Type B or Type C Landscape$u$er)
S. Rear yard sccbacks shalt be enhanced with a(Type B,Type C or Type D Buffer)
Note:
The above s=darFs ar:proposed to be implemented thmuo the City of,Ca�T»S i`lan�td nd sstrsa3 Drv:lopmc_¢t
Overlay(PTD)Ordinance 18.54.100. __
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