ORD 92-05 AMB PLANNED UNIT DEVELOPMENT
r
ORDINANCE NO. 92 -
AN ORDINANCE of the City of Bainbridge
Island, Washington, approving an application
by American Marine Bank for a planned unit
development for property located at 280 High
School Road.
WHEREAS, .American Marine Bank has filed an application for a
planned unit development to construct a new bank building with
additional parking on a .6 acre lot, located at 280 High School
Road, just east of St. Cecelia Church property; and
WHEREAS, on December 2, 1991, the Planning Agency submitted
its recommendation on the application to the Hearing Examiner;
and
WHEREAS, on December 20, 1991, the Hearing Examiner held a
public hearing on the application upon proper notice, continued
the public hearing to January 13, 1992, and issued an order of
remand to the Planning Agency to consider additional issues; and
WHEREAS, on January 9, 1992, the Planning Agency considered
the issues presented by the Hearing Examiner; and
WHEREAS, on January 13, 1992, the Hearing Examiner held a
continued public hearing; and
WHEREAS,
findings of
approving the
WHEREAS,
Findings of
conditions,
application;
on January 20, 1992,
fact, conclusions
application with co
on February 6, 1992,
Fact, Conclusions
of the Hearing
and
the Hearing Examiner issued
of law and a recommendation
nditions; and
the City Council adopted the
of Law and Recommendation, with
Examiner and approved the
WHEREAS, the City Council has determined that the public use
and interest will be served by approving the application with
conditions; and
WHEREAS, the City has complied with the requirements of the
State Environmental Policy Act and the City's Environmental
Policy Ordinance; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
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`.
Section 1. The City Council adopts the Report, Findings of
Fact, Conclusions of Law and Recommendations (PUD 05-31-90-1),
entered by the Hearing Examiner on January 20, 1992, attached
hereto and by this reference incorporated herein as Exhibit A.
Section 2. Subject to execution of the "Concomitant
Agreement for a Planned Unit Development" attached hereto and by
this reference incorporated herein as Exhibit B, and subject to
full compliance by the applicant and its assigns, grantees and
successors in interest with the terms and conditions of that
agreement and the recommendations and conditions of Exhibit A,
the application for the planned unit development is approved.
Section 3. The Mayor is authorized to execute the
"Concomitant Agreement for a Planned Unit Development". After
execution, the City Clerk is directed and authorized to record
that Agreement with the Kitsap County Auditor as a covenant
running with the land. The cost of recording shall be paid by
the applicant in accordance with the terms of the Agreement.
Section 4. Any acts consistent with the authority and prior
to the effective. date of this ordinance are hereby ratified and
confirmed.
Section 5. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, publication
and posting as required by law.
PASSED by the City Council this v~~' day of ~'Eaea~4Q.y ,
1992.
APPROVED by the Mayor this ~~ day of _ FE~Ru ~/
1992. '
Sam J anato, Mayor
ATTEST/AUTHENTICATE:
----
Ralph W. Eells, City Clerk
APPRO D AS T FORM:
od P. asegu City Attorney
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FILED WITH THE CITY CLERK: January 31 , 1992
PASSED BY THE CITY COUNCIL: February 20, 1992
PUBLISHED: Februa~~y 25, 1992
POSTED: February 2~, 199?_
EFFECTIVE DATE: March 1 , 1992
ORDINANCE NO.: 92-05
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c
CONCOMITANT AGREEMENT FOR A PLANNED IINIT DEVELOPMENT
THIS AGREEMENT is made this Zo.~~day of ~~~~
1992, by and between the City of Bainbridge Island, Washington,
a Washington municipal corporation ("City") and American Marine
Bank, a Washington corporation ("Bank").
R E C I T A L S:
A. The City has authority under RCW 35A.63 and
Article XI, § 10, of the State Constitution, to enact laws and
enter into agreements to promote the health, safety and welfare
of its citizens, and thereby control the use and development of
property within its jurisdiction.
B. The Bank has applied for approval of a planned unit
development ("PUD") for the property described below.
C. The City Council, by motion, has authorized the
preparation of an ordinance approving, with conditions, the PUD.
D. The Bank is willing to cooperate with the City to
insure compliance with all local and state laws and regulations
relating to the use and development of the property described
below, and to enter into this Agreement to insure compliance
with the conditions of approval of the PUD.
NOW, THEREFORE, in consideration of the approval of the PUD
and the terms and conditions below, the parties agree as
follows:
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,,
1. Description of Property. The legal description of the
real property subject to this Agreement is set forth in
Exhibits W-A and Q P1A of the Hearing Examiner's Findings of
Fact, Conclusions of Law and Recommendations (PUD 05-31-90-1),
which is attached hereto as Exhibit A and by this reference
made a part hereof ("Property"). The Property is approximately
.61 acres in size and is located on the north side of High
School Road and east of St. Cecilia Church property.
2. Development of Property. Development of the Property
shall be in compliance with the recommendations and conditions
contained in Exhibit A, the terms and conditions of this
Agreement and all rules, regulations, ordinance and policies of
the City.
3. Covenant Running With the Land. This Agreement shall
be a covenant running with the land, and shall be binding upon
the applicant, its successors, grantees and assigns.
4. Recordinq. This Agreement shall be filed for record
with the Kitsap County Auditor. The Bank agrees to pay all
costs of recording this Agreement.
5. Police Power. Nothing in this Agreement shall be
construed to restrict the authority of the City to exercise its
police powers.
6. Severability. If any section, paragraph, sentence,
term or clause of this Agreement conflicts with applicable law,
or is found by any court having jurisdiction to be contrary to
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law, such conflict shall not effect other sections, paragraphs,
sentences, terms or clauses of this Agreement which. can be
given effect without the conflicting provision, and to this
end, the terms. of this Agreement shall be deemed to be
severable; provided, that if any section, paragraph, term or
clause of this Agreement is found to conflict with applicable
law, the City shall have the right to bring the proposed
development back before the City Council for further review and
imposition of appropriate conditions to insure that the
purposes for which this Agreement is entered into are in fact
accomplished and the impact of the proposed development are
mitigated.
7. Remedies and Attorney's Fees. It is agreed that
damages are an inadequate remedy and that the City may seek
equitable relief to enforce any provision of this Agreement.
If an interpretation of this Agreement is required, an action
seeking an interpretation shall first be commenced in the
Bainbridge Island Municipal Court; provided, that a decision of
the Bainbridge Island Municipal Court shall not prevent an
appeal de novo to the Kitsap County Superior Court, or any
other court having jurisdiction. In addition to the above
remedies, if the Bank has not fully complied to the conditions
of this Agreement, the City may refuse to issue an occupancy
permit.
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8. Indemnification. The Bank agrees to indemnify and
save harmless the City from and against all claims, suits,
damages, costs, losses and expenses in any manner resulting
from, arising out of or connected with the Banks' negligent
performance of, or failure to perform fully, any term or
condition of this Agreement.
DATED this ~ day of ~ , 1992.
AMERICAN MARINE BANK CITY OF BAINBRIDGE ISLAND
B
i s
APPROVED AS TO FORM:
~~~
ROD P. KASEGLI~1, City Attorney
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Y
SAM J RANATO, Mayor
.
STATE OF WASHINGTON
COUNTY OF KING
ss.
I certify that I know or have satisfactory evidence
that .~`~ AI.'Pgl,~~f} is the person who appeared before me,
and said person acknowledged that 514 signed this
instrument, on oath stated that SNE was authorized to
execute the instrument and acknowledged it as
the t"'R~-rte of AMERICAN MARINE BANK to be the free
and voluntary act of such corporation for the uses and purposes
mentioned in the instrument.
Dated 2~2o-4z
ota Public a d for the State
f Wa hington, iding at FizioL~~dgt /s~l~
My ppointment Expires /D :3~'J-93 '-
STATE OF WASHINGTON
COUNTY OF KING
ss.
I certify that I know or have satisfactory evidence that
SAM J. GRANATO 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 the instrument and
acknowledged it as the MAYOR of THE CITY OF BAINBRIDGE ISLAND
to be the free and voluntary act of such corporation for the
uses and purposes mentioned in the instrument.
Dated .2 '?-4'9Z
Nota blic in -for the S ate
of W gton, residing at.b~ai~ ~ f /S~a~s(
My Appointment Expires /o • 30-93
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