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Home My WebLink AboutPort Ludlow DA Amendment No 1WHEN RECORDED, RETURN TO: Marco de Sa e Silva Davis Wright Tremaine LLP 1201 Fourth Avenue Floor 22 Seattle, Washington 98101 536369 Page: 1 of 7 Jefferson County Rud PORT LUDLOW ASSOCIAT AMEND/ASD00 0:31q AMENDMENT NO.1 TO PORT LUDLOW DEVELOPMENT AGREEMENT Grantor: JEFFERSON COUNTY, a political subdivision of the State of Washington Grantee: PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company OLYMPIC WATER AND SEWER, INC., a Washington corporation Abbreviated Legal Description: Refer to Exhibit 1 of AFN 435974 (original agreement). Assessor's Property Tax Parcel Account Numbers: Reference to Related Document: A.F. No. 435974 (original agreement) DWT 2292768v1 0065364-000001 8.6.08 RESOLUTION NO. 57-08 APPROVED AS TO FORM: ONLY David Alvarez Chief,Giyil Deputy Prosecuting Attorney, Jefferson County Page: 3 536369 Page: 2 of 7 08/12/2008 10:31A Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 48.00 AMENDMENT NO. 1 TO PORT LUDLOW DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 1 TO PORT LU W DEVELOPMENT AGREEMENT (this "Amendment") is made this -`-day of 2008, by PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company, and OLYMPIC WATER AND SEWER, INC., a Washington corporation (collectively "PLA"), and JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment amends and modifies that certain Port Ludlow Development Agreement dated May 1, 2000, and effective May 8, 2000 (the "Agreement"), between Pope Resources, Olympic Property Group LLC, Olympic Resorts LLC, Olympic Water and Sewer, Inc., and Olympic Real Estate Development LLC (collectively "Pope") and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 435974. RECITALS A. The Agreement is a development agreement under RCW 36.70B.170 and UDC 18.40.850. Pope and the County made the Agreement effective May 8, 2000. PLA is the assignee and successor to Pope under the Agreement. B. The Agreement governs the development of real property owned by PLA and located in the approximately 1,200-acre Port Ludlow MPR, which is a master planned resort designated by Jefferson County in 1998 under the authority of RCW 36.70A.362. C. The parties agreed in the Agreement, among other things, that "The review and approval of proposed development applications proposed by Pope for Pope Property shall be pursuant to the Port Ludlow MPR Zoning Ordinance (Appendix A) and the County's Land Use Procedures Ordinance, Ordinance 04-0828-98, which is attached in Aendix E." Agreement Section 3.12.L D. The County's Land Use Procedures Ordinance, Ordinance 04-0828-98 ("LUPO"), provides that the Appellate Examiner shall decide appeals of Hearing Examiner (Type B) decisions. E. On July 10, 2006, the County adopted Ordinance No. 08-0710-06, in which the County eliminated the Appellate Examiner position, eliminated the administrative process by which Hearing Examiner decisions may be appealed to the Appellate Examiner, and made other amendments to the Jefferson County Unified Development Code. However, because the Agreement provides that LUPO governs the review and approval of development applications proposed by PLA within the PLA Property, Ordinance No. 08-0710-06 generally does not apply to development applications proposed by PLA. F. PLA and the County desire to modify the procedures for the review and approval of development applications proposed by PLA for its real property within the Port Ludlow MPR DWT 2292768v1 0065364-000001 2 5.6.08 IIII IIIIIIII III III III 111I IN536369 08/12/2008 10:31A Jefferson Countv Aud PORT LUDLOW ASSOCIAT AMEND 4e.00 by eliminating the Appellate Examiner position and the administrative process by which Hearing Examiner decisions may be appealed to the Appellate Examiner, in order to promote administrative economy, to reduce County costs in completing administrative land use decision - making processes, to reduce the time required to complete administrative land use decision - making processes, and to make such procedures consistent with the procedures for the review and approval of development applications proposed by other applicants in Jefferson County. G. This Amendment was the subject of a ten (10) day comment period, which ran from , 2008, to , 2008. As required by RCW 36.70B. 00, a public hearing was held befo e the Jefferson County Board of County Commissioners on, 2008. The Board�f..�ou ty Commissl-wers reviewed and took office action adopting this Amendment on 2008. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and between the parties that the Agreement shall be amended and modified as follows: AGREEMENT 1. Defined Terms. The following terms used in this Amendment shall have the following meanings: "PLA Property" means the real property legally described on Exhibit A attached hereto, which comprises those portions of the Pope Property that are owned of record by PLA and located within the Port Ludlow MPR as of the effective date of this Amendment. All references in the Agreement to "Pope Property" shall mean "PLA Property." 2. Elimination of Appellate Examiner Position and Process. The procedures for the review and approval of development applications proposed by PLA for the PLA Property shall be amended and modified as follows: a. A Hearing Examiner (Type B) decision shall be final unless an appeal is timely commenced either in Superior Court under the Land Use Petition Act, RCW Chapter 36.70C ("LUPA"), as to Hearing Examiner land use decisions that are subject to review by Superior Courts under LUPA, or in a quasi-judicial body created by another state law, such as the Shorelines Hearings Board, the Environmental and Land Use Hearings Board, or the Growth Management Hearings Board, as to Hearing Examiner land use decisions that are subject to review by such bodies under such state laws. b. No Appellate Examiner shall have jurisdiction over any development application proposed by-PLA for the PLA Property. No Appellate Examiner shall hear or decide appeals of Hearing Examiner decisions on development application proposed by PLA for the PLA Property. C. The procedural amendments and modifications described in this Section 2 shall apply to all development applications proposed by PLA for the PLA Property as to which a Hearing Examiner decision has not been issued as of the effective date of this Amendment. DWT 2292768v10065364-000001 3 5.6.08 I I�IIII ��III I�1II�I III IIII Illllill Il�ll III I�III II I IIII � � of 7 08112f2 Jefferson County Rud PORT LUDLOW RSSOCIRT RMEND 48 00 3. PLA as Assignee and Successor. PLA is the assignee of and successor to Pope under the Agreement and as such is subject to all of the benefits and burdens of Pope under the Agreement. 4. Notices. All communications, notices and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: To the County: Al Scalf Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 cc: Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98368 And cc: Jefferson County Prosecuting Attorney To PLA: Diana Smeland Port Ludlow Associates LLC 44 Breaker Lane Port Ludlow, WA 98365 cc: Randall J. Verrue HCV Pacific Partners 1 4R2 Xtot y-rt4 �ee- 5"'t4-e 560 San Francisco, CA 9 (0g And cc: Marco de Sa e Silva Davis Wright Tremaine LLP 1201 Third Avenue, Floor 22 Seattle, WA 98101 DWT 2292768v1 0065364-000001 4 5.6.08 536369 Page: 5 of 7 08/12/2008 10:31A Jefferson County Aud PORT LUDLOW ASSOCTPT AMEND 48 00 5. Effect of Amendment. This Amendment amends and modifies the Agreement and shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. Capitalized terms not otherwise defined herein shall have the meanings given them under the Agreement. Except as contained within the Agreement and this Amendment, there are no other agreements or understandings between PLA and the County relating to the subject matter of the Agreement and this Amendment. The Agreement is hereby confirmed and ratified. JEFFERSON COUNTY Jefferson County Board of County Commissioners By :, CA APPROVED AS TO FORM: Director of Community Development PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company Ll L ",a Jm By Its President DWT 2292768v1 0065364-000001 5.6.08 III I�III IIII Page: 6 of 7 536369 # I 08/12/2008 10:31A Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 48 00 OLYMPIC WATER AND SEWER, INC. EXHIBITS: A Legal Description of PLA Property STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this Ot i�►day of �i , 2008, before me, a Notary Public in and for the State of Washington, personally appeared — ��0, � � E k c, ,ti , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath st ted that he or she was authorized to execute the instrument, and acknowledged it as the e � ti -- Port Ludlow Associates LLC, to be the free and voluntary act and deed of said limited liability company for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above�,y�tten. �`4lift� '' Al c Ny NOTARY PUBLIC in and for the State a Vashington, residing at V.S rPIC,- PUg��G z ti My appointment e�' _ t c} _(�g g j9_p� A, �� Print Name _ l� n S - r► C� r ra i VYAS.��+F�#�► �•�»friNl STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) On this Q,-01day of �-, , 2008, before me, a Notary Public in and for the State of Washington, personally appeared i ' r r , +l , personally known to me (or proved to me on the basis of satisfact6ry evidence) to be the person who executed this instrument, on oath stated that he or she was authorized to execute the instrument, and acknowledged it as the of Olympic Water and DWT 2292768v1 0065364-000001 6 5.6.08 III�III 536369 �IIIII Page: 7 of 7 Jefferson County Rud PORT WDLOW RSSOCIgT AMEND 49 3p1tl.31q Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first abov9,yv&Awe r_ ;t1, f t WN C. t r 0. ■,■ �40 ARra�; r NOTARY PUBLIC in an the State of Washington, a••. �' : residing at �_ mac'+-■ p(IL�G :' ■i 'N5�TF �oi��► My appointzn expires Print Name ;�- f9-�� iL- CA ti STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this I day of , 2008, before me, a Notary Public in and for the State of Washington, personally appe d u-11i', and r' , personally known to me {sue of S111 to be the persons who executed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the three members of the Jefferson County Board of County Commissioners to be the free and voluntary act and deed of said Board, acting in their official capacity representing Jefferson County, Washington, for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. DWT 2292768v1 0065364-000001 5.6.08 NOTARY PULIC in and for the State of W residing at Y-0 ER 4 My appointment xpires Print Name 9 /9 7