HomeMy WebLinkAboutCONSENT Upper Yarr acquisition NWI 615 Sheridan Street
(*Mon Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Michael Dawson, Water Quality Manager, Environmental Public
Health and Water Quality
Tami Pokorny, Natural Resources Program Coordinator
DATE: 47i9tSt /8 21 2c
SUBJECT: Northwest Watershed Institute: Upper Yarr Creek Protection,
Conservation Futures Fund Grant Agreement—Jan 1,2023—
Jan 1, 2026; $26,000
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests approval of the Upper Yarr Creek Protection
Project Conservation Futures Fund Grant Agreement for land acquisition expenses; January 1,
2023 —January 1, 2026; $26,000.
ANALYSIS:
This project was approved for Conservation Futures funds by Resolution 47-0721-25R on July
21, 2025. The resolution granted funding for Northwest Watershed Institute to purchase land for
conservation.
FISCAL IMPACT:
Funding for this project is provided by the Conservation Futures Fund; there is no impact to the
County's General Fund.
RECOMMENDATION:
JCPH Management recommends BoCC signature the Upper Yarr Creek Protection Project
Conservation Futures Fund Grant Agreement for land acquisition expenses; January 1, 2023 —
January 1, 2026; $26,000.
REVIEWED BY:
Qi4Dpop/JPeters, County Administrator Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
WQ-25-049
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Northwest Watershed Institute Contract No: WQ-25-049
Contract For: Upper Yarr Creek Acquisition Term: 1/1/2023 - 1/1/2026
COUNTY DEPARTMENT: Public Health/Environmental Health
Contact Person: Tami Pokorny
Contact Phone: x 498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $26,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $26,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # 128 , RFP or RFQ
Munis Org/Obj 12800375 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO�E WI'dI" C .55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■ N/A: Aug. 5, 2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: f Aug. 5, 2025
‘A.e
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/6/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 8/6/2025.
County grant to the Northwest Watershed Institute for Upper Yarr Creek
Protection Project. Standard county terms.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
JEFFERSON COUNTY CONSERVATION FUTURES FUND PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Northwest Watershed Institute (UBI Number 602-139-438)
Project Title: Upper Yarr Creek Protection
Contract Number: WQ-25-049
Approval: Resolution No. 47-0721-25R
1. Parties to this Agreement
This Jefferson County Conservation Futures Fund Program Project Grant Agreement (this
Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend,
Washington 98368 and Northwest Watershed Institute (Sponsor), 3407 Eddy Street, Port
Townsend, Washington 98368.
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as
approved by Resolution No. 47-0721-25R.
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project
Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
Northwest Watershed Institute shall implement a Conservation Futures Fund Program project to
acquire in fee simple title via statutory warranty deed (Exhibit A) the property totaling 1.03-
acres, known in the records of the Jefferson County Assessor as APN 801-293-003 (the
Property) as described in the 2025 Conservation Futures Fund project application for the Upper
Yarr Creek Protection Project (Exhibit B) and the 2025 Conservation Futures Fund Program
Manual (Exhibit C), and as authorized by Resolution No. 47-0721-25R (Exhibit D). The
statutory warranty deed shall allow for restoration and habitat protections, or as described in the
project application. Language must be included in the statutory warranty deed to protect the
County's interests and conservation values, including, at a minimum,the following:
Grantee's costs of acquiring the Property were provided in part by grant funding
from the Jefferson County Conservation Futures Fund property tax, authorized by
Washington law. Grantee hereby agrees to be bound by Jefferson County Code
(JCC) '.08.030(9 the uses authorized under RCW 84.34.230, including the
obligation to ensure the long-term conservation of the Property in accordance
with the terms and conditions of the statutory warranty deed, and to obtain the
Upper Yarr Creek Protection Project 1
consent of Jefferson County prior to any conveyance of any interest acquired
hereby. Consistent with JCC 3.08.030(9), the Property shall not be converted to a
different use unless and only if other equivalent lands or interest in lands within
Jefferson County are received by Grantee in exchange.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on January 1, 2023 and
end on January 1, 2026 unless proof of match is provided prior to this date. Work performed
consistent with this Agreement during its term, but prior to the adoption of this Agreement, is
hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31 S`
until three years after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed
$26,000. The Conservation Futures Fund shall not pay any amount beyond that approved in this
Agreement for funding of the Project. The Sponsor shall be responsible for no less than fifty
percent of the total Project cost and all Project costs in excess of $52,000. The estimated
contributions by the Sponsor toward work on the Project shall be as indicated below. The
contribution by the Conservation Futures Fund toward work on the Project is described
immediately above.
Acquisition 0 & M Totals Ivo
Conservation
Futures Fund $26,000 $0 $26,000 50
Contribution
Estimated
Project Sponsor $22,600 $3,400 $26,000 50
Contribution
Estimated Total $48,600 $3,400 $52,000 100
Project Cost
9. Unexpended Project Allocations
Should unexpected Project allocations, including (but not limited to) project completion at less
than the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor
shall notify the County within 30 days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments. Except as provided in this Agreement, no alteration of any of the terms or
conditions of this Agreement shall be effective unless provided in writing. All such alterations,
Upper Yarr Creek Protection Project 2
except those concerning the period of performance, must be signed by both parties. Period of
performance extensions need only be signed by Jefferson Board of County Commissioners.
11. Indemnification
Sponsor shall indemnify and hold harmless the County, its past or present employees, officers,
agents, elected or appointed officials or volunteers (and their marital communities), from and
against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees
and costs, arising from injury or death to persons, including injuries, sickness, disease or death to
Sponsor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's proportional
negligence. The Sponsor specifically assumes potential liability for actions brought against the
County by Sponsor's employees, including all other persons engaged in the performance of any
work or service required of the Sponsor under this Agreement and, solely for the purpose of this
indemnification and defense, the Sponsor specifically waives any immunity under the state
industrial insurance law, Title RCW The Sponsor recognizes that this waiver was specifically
entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. For
the avoidance of doubt, the obligations in this section shall survive the expiration or termination
of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement
policies of insurance as follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s) in the status
of employee or employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount
or amounts that are not less than the required statutory minimum(s) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the performance
of the work for a combined single limit of not less than $500,000 each occurrence with the
County named as an additional insured in connection with the Sponsor's performance of the
contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the
occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications. The insurance
coverage shall contain no limitations on the scope of the protection provided and include the
following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
Upper Yarr Creek Protection Project 3
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15)days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of the contract by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance provisions
for subcontractors shall be subject to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the
Sponsor from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance. It is further agreed by the
parties that insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any premiums or
for assessments under any form of policy. It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk
of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided in this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
Upper Yarr Creek Protection Project 4
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. RCW shall be non-contributory with respect to any policy of insurance the
Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by the Sponsor refers to an endorsement (by number or name) but does not provide the
full text of that endorsement, then it shall be the obligation of the Sponsor to obtain the full text
of that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or
termination of this Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this
Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between
the parties. The Sponsor specifically has the right to direct and control Contractor's own
activities and over all of its subcontractors, employees, agents and representatives in providing
the agreed services in accordance with the specifications set out in this Agreement. Neither
Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County
employees by virtue of the services provided under this Agreement. The County shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Sponsor, or any employee of Sponsor. The Sponsor agrees to file all
necessary governmental documents, including appropriate tax returns, reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this Agreement shall be the property of the Sponsor
whether the project for which they are made is executed or not. The County shall be permitted to
Upper Yarr Creek Protection Project 5
retain copies, including reproducible copies, of drawings and specifications for information,
reference, and use in connection with the Sponsor's endeavors.
16. Compliance with Applicable Statutes,Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210, and published agency policies, which
are incorporated into this Agreement by this reference as if fully set forth.
17. No Harassment of Discrimination
Any form of harassment, discrimination, or improper fraternization with any County employee is
strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory
disability in the selection and retention of employees or procurement of materials or supplies.
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all direct
and indirect cost of any nature expended in the performance of this Agreement. The Sponsor's
records and accounts pertaining to this Agreement are to be kept available for inspection by the
Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly
authorized by the County shall have full access and the right to examine any of these materials
during this period for a period of ten (10) years after the date of the final payment to Sponsor. If
any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved. Copies shall be made available upon request. Records and other documents, in any
medium, furnished by one party to this Agreement to the other party, will remain the property of
the furnishing party, unless otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
Agreement.
20. Disputes
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute
hearing with a mediator agreed upon by the parties, or if agreement cannot be made,the mediator
shall be selected by the Jefferson County Superior Court. Either party's request for a dispute
hearing must be in writing and clearly state:
a. the disputed issue(s);
Upper Yarr Creek Protection Project 6
b. the relative positions of the parties; and,
c. the Sponsor's name, address and agency contact number.
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County
Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within
fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that
this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
shall split evenly the cost of mediation or whatever form of dispute resolution is used. The
parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,
including attorney's fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of
this Agreement.
22. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Sponsor.
23. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any
interest in this Agreement without the express written consent of the County.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
No consent by either party to, or waiver of, a breach by either party, whether express or implied,
shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either party.
No term or provision of this Agreement shall be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing signed on behalf of
the party against whom the waiver is asserted. Failure of a party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
Upper Yarr Creek Protection Project 7
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law, to
determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or
permits.
26. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and
delivered to:
Sponsor Contact Conservation Futures Fund Program Contact
Peter Bahls, Executive Director Tami Pokorny
Northwest Watershed Institute Jefferson County Environmental Public
3407 Eddy St Health—Conservation Futures Fund
Port Townsend, WA 98368 615 Sheridan Street
360-821-9566 Port Townsend, WA 98368
360-379-4498
These addresses shall be effective until receipt by one party from the other of a written notice of
any change.
27. Entire Agreement
This Agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the
parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; (b) insurance; and, (c) indemnification.
30. Binding on Successors, Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
Upper Yarr Creek Protection Project 8
31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any
provision in this Agreement is for the benefit of any person or entity who is not a party.
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may
be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and
places by the parties shall not affect the validity of this Agreement, so long as all the parties
execute a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, Chapter 4 . 6 RCW (as
may be amended), the Sponsor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records, within the time frames and parameters
set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall,
within two business days, notify the County by providing a copy of the request per the notice
provisions of this Agreement.
This Agreement, once executed, shall be a "public record" subject to production to a third party
if it is requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,
the State of Washington and the County of Jefferson, as if applied to transactions entered into
and to be performed wholly within Jefferson County, Washington between Jefferson County
residents. No party shall argue or assert that any state law other than Washington law applies to
the governance or construction of this Agreement.
Upper Yarr Creek Protection Project 9
37. Order of Precedence
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case
law.
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if
such failure arises out of causes beyond a party's control and without fault or negligence of such
party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy;
(c) war; or, (d) epidemics, pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into
this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a) Each person signing this Agreement is fully
authorized to enter into this Agreement on behalf of the party for whom signature is being made;
(b) Each party that is a corporate entity is duly organized and validly existing in good standing
under the laws of one of the states of the United States of America; (c) The making and
performance of this Agreement will not violate any provision of law or of any party's articles of
incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and
internal legal actions to duly approve the making and performance of this Agreement and that no
further corporate or other internal approval is necessary; and, (e) Each party has read this
Agreement in its entirety and know the contents of this Agreement, that the terms of this
Agreement are contractual and not merely recitals, and that they have signed this Agreement,
having obtained the advice of legal counsel.
DATED this _ day of _ , 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Upper Yarr Creek Protection Project 10
JEFFERSON COUNTY WASHINGTON NORTHWEST WATERSHED INSTITUTE
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair Signature
By: Name: PeA- 04. LuS
Greg Brotherton, Commissioner
Title: CSC2t,
By: Date: /`TVS ` f. I c1 2
Heather Dudley-Nollette,Commissioner
SEAL:
ATTEST:
Carolyn Galloway CMC
Clerk of the Board
Approved as to form only:
7 f for 08/06/2025
'Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Upper Yarr Creek Protection Project 11
APPENDIX A
Scope of Work
Northwest Watershed Institute, as project sponsor"Sponsor", will perform the following tasks in
order to implement the Upper Yarr Creek Protection Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than fifty percent(50%). The
match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s) of no less than 50% of eligible project costs at the time
of each invoice.
Task 2: Acquire Statutory Warranty Deed
Sponsor shall acquire a statutory warranty deed on the Property that incorporates approved
Conservation Futures Fund Program language, including the language in Paragraph 5 of this
Agreement.
Deliverable 2a: Final statutory warranty deed
Deliverable 2b: Qualifying appraisal(s) and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded statutory warranty deed for subject parcel
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in Paragraph 7 of this Agreement
and submit required reports to the Conservation Futures Fund Citizen Oversight Committee
(through staff) in the format provided for each year that it is required.
Deliverable 5a: Completed annual reports.
Upper Yarr Creek Protection Project 12
Exhibit A
Statutory Warranty Deed
Upper Yarr Creek Protection Project 13
AFTER RECORDING RETURN TO:
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
DOCUMENT TITLE: Statutory Warranty Deed—Re-Record
GRANTOR: Rosie L.von Engel
GRANTEE: Northwest Watershed Institute
ABBREVIATED LEGAL DESCRIPTION(Complete description on Page 1): S29 T28 R1W Tax 2
ASSESSOR'S TAX PARCEL NUMBER(S): 801 293 003
REFERENCE NUMBERS OF RELATED DOCUMENTS: 658592
The parties are re-recording the Statutory Warranty Deed, recorded on 01/17/2023 in the official
records of Jefferson County, Washington, under Auditor's File No. 658592 (a copy of which is
attached hereto as Exhibit A), for the sole purpose of including language required by Jefferson
County providing funding to Grantee Northwest Watershed Institute's acquisition of the property
described in said Statutory Warranty Deed, and without additional consideration from Grantee
to Grantor.
1
4899-1951-4625v.6 0046182-000042
STATUTORY WARRANTY DEED
(RE-RECORD)
THE GRANTOR Rosie L.von Engel,now according to the application for title insurance Rose/Marie
Ludmilla von Engel, as her separate estate for an in consideration of TEN DOLLARS AND OTHER
GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Northwest
Watershed Institute,a Washington nonprofit corporation the following described real estate, situated
in the County of Jefferson, State of Washington (the"Property"):
Tax Parcel Number(s): 801 293 003
That portion of the North 100 feet of the Southeast '/4 of the Southwest 'A of Section 29,
Township 28 North, Range I West, W.M. and that portion of the Northeast 'A of the Southwest
'/4 of said Section 29 lying Easterly of the Quilcene-Center County Road right of way as
conveyed by Deed recorded March 13, 1956 under Auditor's File No. 149069 and Southerly
of the Old Tarboo Lake Road as conveyed by Deed recorded March 1, 1948 under Auditor's
File No. 112974, in Jefferson County, Washington;
Together with the West 158 feet of the North 100 feet of the Southwest 'A of the Southeast'A
in said Section 29.
Situate in the County of Jefferson, State of Washington.
SUBJECT TO: Covenants, Conditions, Restrictions, Easements, Plats and Surveys, if any,
affecting title,which may appear in the public record
Grantee's costs of acquiring the Property were provided in part by grant funding from the Jefferson
County Conservation Futures property tax authorized by Washington law. Grantee hereby agrees to
be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized under RCW 84.34.230,
including the obligation to ensure the long-term conservation of the Property in accordance with the
terms and conditions of the statutory warranty deed, and to obtain the consent of Jefferson County
prior to any conveyance of any interest acquired hereby. Consistent with JCC 3.08.030(9), the
Property shall not be converted to a different use unless and only if other equivalent lands or interest
in lands within Jefferson County are received by Grantee in exchange.
(Signature page(s) to follow)
2
4899-1951-4625v.6 0046182-000042
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and delivered as of
the day of ,2025.
GRANTOR:
Rosie L. von Engel
State of Washington )
) ss.
County of )
On this day of , 2025, Rosie L. von Engel, known to me or
proved by satisfactory evidence to be the individual described in this instrument, acknowledged
before me that she signed this instrument as her free and voluntary act and deed for the uses and
purposes stated therein.
Notary Public for State of Washington
Residing at:
My commission expires:
3
4899-1951-4625v.6 0046182-000042
IN WITNESS WHEREOF, Grantee has caused this instrument to be executed and delivered as of
the day of _ ,2025.
GRANTEE:
NORTHWEST WATERSHED INSTITUTE
By:
Its:
Date:
State of Washington )
) ss.
County of )
On this day of . 2025, Peter Bahls, known to me or proved by
satisfactory evidence to be the individual described in this instrument, acting in his capacity as
Executive Director of Northwest Watershed Institute, acknowledged before me that he signed this
instrument as the free and voluntary act and deed of such corporation for the uses and purposes
stated therein.
Notary Public for State of Washington
Residing at:
My commission expires:
4
4899-1951-4625v.6 0046182-000042
EXHIBIT A
Original Statutory Warranty Deed
{attached}
5
4899-1951-4625v.6 0046182-000042
658592 Pgs: 1 SWD
01/17/2023 08:53:11 AM$203.50 JEFFERSON TITLE COMPANY
Jefferson County WA Auditor's Office- Brenda Huntingford,Auditor
ELECTRONICALLY RECORDED
When recorded return to:
Peter Bahls,Vice President/Commercial Lending
3407 Eddy Street
Port Townsend,WA 98368
Filed for Record at Request of
Jefferson Title Company,Inc.
Escrow Number:90099GP
Statutory Warranty Deed
THE GRANTOR Rosie L.von Engel,now according to the application for title insurance RoseMarie
Ludmilla von Engel,as her separate estate for and in consideration of TEN DOLLARS AND OTHER
GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Northwest
Watershed Institute,a Washington nonprofit corporation the following described real estate,situated
in the County of Jefferson,State of Washington
Tax Parcel Number(s):801 293 003
That portion of the North 100 feet of the Southeast 1/4 of the Southwest'/.of Section 29,
Township 28 North,Range 1 West,W.M.and that portion of the Northeast'/.of the Southwest'/.
of said Section 29 lying Easterly of the Quilcene-Center County Road right of way as conveyed
by Deed recorded March 13, 1956 under Auditor's File No.149069 and Southerly of the Old
Tarboo Lake Road as conveyed by Deed recorded March 1, 1948 under Auditor's File No.
112974,in Jefferson County,Washington;
Together with the West 158 feet of the North 100 feet of the Southwest 1/4 of the Southeast 1/4 in
said Section 29.
Situate in the County of Jefferson,State of Washington.
SUBJECT TO: Covenants,Conditions,Restrictions,Easements,Plats and Surveys,if any,affecting title,
which may appear in the public record
Dated January 6,2023
65-ee C/,_,- —d7v. Z;L j
Rosie L.von Engel
STATE OF „Jet rr• ,\ �
COUNTY OF C ) ss,
I certify that I know or have satisfactory evidence that Rosie L.von Engel
(is/are)the person(s)who appeared before me,and sairson(s)acknowledged that h:�
signed this instrument and acknowledged it to be his/lee free and voluntary: t r the
uses and purp ses me tioned in this instrument.
Dated: 1 1'�- v�-
` 11 Notary name printed or typed:
11 01Illtl/
um-
� p��-G.11P.'.''��O ResidinNotag P
abtllc in and for the State of �t✓5
.tsar 24.2wr... �. My appointment expires: i\�`,a ('
E •t- it,tm,01 A"s'�P L 1116
/ ig7OFtiifi k‘N ` L Pa8B 0.05of1I
/0/ffrr11it%0
1072298 140382 *01 /17/2023 $597.00*
Exhibit B
2025 Conservation Futures Fund Upper Yarr Creek Protection Project Application
Upper Yarr Creek Protection Project 14
SON
2025 Jefferson County Conservation Futures Fund Program
Nc,\° Property Acquisition Project and/or
Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply
to the project. Incomplete applications will not be accepted for consideration. Unless directed otherwise, use as
much space as needed to answer each question. Contact program staff at(360)379-4498 or
tpokorny@co.iefferson.wa.us with questions.
Background and Eligibility Information
1. Project Title: Upper Yarr Creek Protection
2. Conservation Futures Acquisition Request: $26,000
Conservation Futures O&M Request: $0
3. Total Conservation Futures Request: $26,000
4. Please indicate the type of interest contemplated in the acquisition process.
X Warranty Deed OR Easement _Other(Please describe below.)
In whose name will the property title be held after acquisition?Northwest Watershed Institute
5. Applicant Information
Name of Applicant or Organization: Northwest Watershed Institute
Contact: Peter Bahls
Title: Executive Director/Conservation Biologist
Address: 3407 Eddy Street, Port Townsend,WA 98368
Phone: (360) 821-9566,ext. Fax: ext.
Email: peter@nwwatershed.org
6. Sponsor Information: (if different than applicant) Same
Organization Name:
Contact:
Title:
Address:
Phone: . Fax: ( ) - .ext.
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.)on
February 25,2025
1
2025 CFF Program Application
7. Project Location
Street Address or Description of Location: 12 Old Tarboo Road,Quilcene
Driving Directions from Port Townsend: South on Center Road, left at Old Tarboo Road and park
Section: 29 Township: 28 N Range: 1 W
Assessor's Parcel Number(s): 801-293-003
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF funds or used as match. The parcel is to be acquired with CF funds
Please list the assessed values for each property or APN, as applicable.
801-293-003=$34,125
8. Existing Conditions
New Site: Yes No Number of Parcels: 1
Addition to Existing Site: Yes No Acres to Be Acquired: 1.03
Total Project Acreage(if different): Current Zoning: 1 per 5
Existing Structures/Facilities: No
Any current covenants, easements or restrictions on land use: No
Current Use: Vacant land
Waterfront (name of body of water):Yarr Creek,tributary to Tarboo Creek
Shoreline(linear feet): NA
Owner Tidelands/Shorelands: NA
9. Current Property Owner X is _is not a willing seller.
Project Description
10. In 1,000 words or less,provide a summary description of the project,the match, and why you think preserving
this property is important.Name three top objectives for the property (other than those related to funding). Include
information about the physical characteristics of the site that is proposed for acquisition with Conservation
Futures Fund Program funds including: vegetation,topography, surrounding land use, and relationship to parks,
trails,and open space. Describe the use planned for the site, any development plans after acquisition(including
passive development),characteristics of the site which demonstrate that it is well-suited to the proposed use, and
plans for any structures currently on the site. If applicable, describe how the site project relates to a larger
conservation program(please identify), and whether the project has a plan,schedule and funding dedicated to its
completion.Please also list any important milestones for the project or critical dates,e.g. grant deadlines.List the
dates and explain their importance. Please attach a spreadsheet of the budget.
Background,goals, and objectives
2
2025 CFF Program Application
Since 2002, Northwest Watershed Institute(NWI),Jefferson Land Trust, and over 40 partnering
organizations have been working on a landscape scale project to protect and restore the Tarboo-
Dabob Bay watershed,with over 4,000 acres conserved to date.The three main objectives of the
conservation effort are to: 1) protect and restore the stream and wetland corridor,from the
headwaters of Tarboo Creek to Dabob Bay,2)conserve uplands for sustainable forestry,3) preserve
lands within the Dabob Bay Natural Area.
For this project, NWI proposes to permanently protect a one acre parcel of critical stream and
riparian habitat along Upper Yarr Creek. NWI purchased the property in 2023 to prevent
development that would have impacted water quality,wildlife habitat,and downstream salmon
habitat in Yarr Creek and Tarboo Creek.
The Jefferson County Conservation Futures Manual does not appear to prevent a conservation
organization from securing reimbursement toward a property purchased prior to the grant
agreement being in place.The manual does require that a Statutory Warranty Deed (SWD) be placed
on the property that includes a paragraph of specific deed restriction language required by the
county. Since this property was purchased by NWI in 2023, NWI is requesting county approval for
reimbursement toward the fee simple appraised value of the property through one of two methods:
1)after the Conservation Futures grant agreement is in place, NWI re-records the Statutory Warranty
Deed and includes the county's required language(see Supplemental information for example of the
re-record of deed restriction),or 2) prior to signing a Conservation Futures grant agreement, NWI
sells the property to an interim private buyer,then after the grant agreement is place, NWI
purchases the property back and records a new SWD with the addition of the county's deed
restrictions.
Proposed uses
The Property will be owned and stewarded by NWI as a unit of the Tarboo Wildlife Preserve.The
property will serve as one of the places NWI brings students and other groups for field tours and
educational trips to learn about the Tarboo watershed and stream habitats.
Critical dates and urgency
To afford permanent protection and stewardship of the property, NWI needs to secure at least
partial reimbursement for the purchase made in 2023.The property has no deed restriction on it at
present and NWI may need to sell the property in the future without funding to help fund the
purchase and long term stewardship.
11. Estimate costs below,including the estimated or appraised value of the propert(ies)or property right(s)to be
acquired, even if Conservation Futures Fund funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions,please break out appraisals and estimated acquisition costs by parcel.
3
2025 CFF Program Application
JCCF Match to Total
Request JCCF Cost Timeline
Acquistion
NWI Upper Yarr Ck property 20,000 20,000 40,000 Aug-25
Acquisition Related Costs: Aug-25
Deed recording/legal/closing costs 1,000 1,000
Appraisal 5,000 5,000
Operations and Maintenance(O&M)
Stewardship Plan 3,400 3.400 Sep-25
Project management and administration 2600 2,600 Mar-25-Sept 25
Total Project Costs 26,000 26,000 52,000
Percent match to JCCF 50%
Estimated or Appraised Value of Propert(ies)to be Acquired: $40,000
Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $8,600
Total Operation and Maintenance Cost: $3,400
Total Project Cost: $52,000
Basis for Estimates(include information about how the property value(s)was determined, anticipated acquisition-
related costs, general description of operation and maintenance work to be performed,task list with itemized
budget, and anticipated schedule for completion of work):
Estimate of fee simple fair market value is based on a sale of property to NWI in 2023 for$37,000
and some increase since then.
Scored Questions
1. To what degree does the project leverage contributions for acquisition from groups, agencies or
individuals?
Sponsors or other organizations are required to contribute to acquisition of the proposed site and/or operation and
maintenance activities.
1 a. Please describe below how contributions from groups or agencies will reduce the need to use Conservation
Futures Fund program funds.
Describe
1 b.Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested $26,000 $0 50%
Matching Funds/Resources* $22,600 $3,400 50%
Total Project Acquisition Cost $48,600 $3,400 100%
4
2025 CFF Program Application
*If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 c. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
NWI land match $20,000 Yes No 2025 Yes No 2025
NWI labor donation $6,000 Yes No 2025 Yes No 2025
NOTE: Fifty-percent(50%)matching funds are required, and a higher rating will be assigned to those projects
that guarantee additional resources for acquisition. Donation of property or a property right can be
considered as a matching resource. Donation of resources for on-going maintenance or stewardship("in-
kind"contributions) are not eligible as a match.
2. To what degree has the project sponsor identified the long-term stewardship issues for the proposed
project?
2 a. Identify any factors,threats,or stressors that could negatively affect the conservation values and/or
community benefits for which the property would be conserved.
No major stewardship issues. Property boundaries have been surveyed and marked.Adjoining
property on two sides is permanently protected for forestry under conservation easement by
Leopold-Freeman Forests.
2 b. Describe the management strategies that the stewardship plan will include to address the identified factors,
threats, or stressors,including any actions planned to make these negative outcomes or impacts less likely.
Stewardship plan will the following management strategies: baseline assessment and restoration
and stewardship plan to include:debris cleanup, annual monitoring for weed control and
encroachment issues, road decommission and revegetation, potential selective thinning(non-
commercial),and tree planting as needed to help restore older forest habitat and species and
structural diversity.
2 c. Describe any existing water rights, and current uses of water. Identify any conservation values currently being
protected that are dependent on these sources of water.
No water rights and no use of water on the property.
3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar
project?
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
Northwest Watershed Institute is a nonprofit conservation organization that provides scientific,
technical and on-the-ground support for watershed restoration and has been conducting habitat
stewardship and restoration projects in the Tarboo watershed for over 20 years. NWI employs
5
2025 CFF Program Application
conservation biologists and professional restoration field crew and has extensive experience
stewarding and managing the Tarboo Wildlife Preserve and private and state conservation
properties using professional staff,experienced field crew,contractors,and volunteers.
3 b.Has the project sponsor and/or applicant been involved in other projects previously approved for
Conservation Futures Fund funding?
No,neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures Fund funds.
X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures Fund funds. Please provide details:
Yes. NWI has been involved in eleven previous successful Conservation Futures funded projects in
the Tarboo watershed including nine conservation easement projects proposed jointly by NWI and
JLT and two fee simple projects. NWI is now completing the West Slope Forest acquisition funded in
2024.
4. To what degree is the project a part of an adopted open space, conservation, or resource
preservation program or plan that was open to public review and comment, or identified in a
community conservation effort that provided opportunities for public input?
The proposed acquisition:
X is specifically identified in an adopted open space, conservation, or resource preservation program or plan,or
community conservation effort,that provided opportunities for public review and comment. Please describe
below, including this project's importance to the plan. Please also reference the website of the plan if available or
include the plan with this application.
_complements an adopted open space or conservation plan that was open to public review,but is not specifically
identified. Please describe below, and describe how the proposed acquisition is consistent with the plan.
_is a stand-alone project,or part of a project that was not open to public review.
Jefferson Land Trust's Jefferson County Conservation Plan (2010)generally identifies the Property
as within a priority forest conservation area. https://www.saveland.org/wp-
conte:it/uploads/2016/06/2010 JLT ConservationPlan LoRes.pdf
More specifically, the Property is within two mapped priority areas of the Tarboo Creek/Dabob Bay
implementation Strategy, a Sub-Plan of JLT's Jefferson County Conservation Plan(2010).Those
priority areas are: 1) the priority habitat stream corridor area and 2) the priority forests area.
The Property is a top priority in Northwest Watershed Institute's Tarboo Watershed Conservation
Strategy to protect and restore the stream and wildlife corridor of Tarboo Creek(Objective 1)and
also fits within the Forestland protection objective (objective 3)
http:j/www.nwwatershed.orgj tarboo-watershed-conservation-strategy.html
6
2025 CFF Program Application
The proposed properties are within a large priority terrestrial conservation area identified and
mapped in the Willamette Valley-Puget Trough--Georgia Basin Ecoregional Assessment(2004
Floberg et al).This priority area includes much of the Tarboo and Thorndyke watersheds. The
Ecoregional plan, developed by Washington Department of Fish and Wildlife and The Nature
Conservancy,is one of the primary conservation plans for Puget Sound and has received extensive
public and scientific review.
5. To what degree does the project conserve opportunities which are otherwise lost or threatened?
5 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
5 b. If applicable,please carefully describe the nature and immediacy of the threat, and any unique qualities about
the site.
NWI purchased the property in 2023 in a bidding war with another potential buyer who wanted to
move onto the property with a trailer and storage containers that would likely have caused severe
impacts to Yarr Creek, its riparian habitat, and downstream habitat on Tarboo Creek and NWI's
Tarboo Wildlife Preserve. The property is comprised mostly of critical habitat of Yarr Creek,its
riparian forest and associated steep slope ravines. If NWI cannot secure funding to protect the
property under county deed restriction and help fund long term stewardship, NWI may need to sell
the parcel and it could be heavily impacted by inappropriate residential development.
6. Are the conservation values of the project commensurate with or greater than the amount of CFF
funds requested, and will both the timeframes for meeting project objectives and associated metrics
demonstrate achievement of the conservation objectives?
6 a. Summarize the project's conservation values and how the CFF funds requested support these values.
The project's conservation values are extremely high relative to CF funds requested because the
project is low cost and most of the acreage represents critical stream and riparian habitat.
Upper Yarr Creek flows into Tarboo Creek on the Tarboo Wildlife Preserve,so protection of this small
critical parcel helps secure water quality and important salmon habitat downstream.
The property also adjoins permanently conserved forestlands on two sides,so protection of this
parcel will help long term wildlife connectivity of the larger area.
6 b. Summarize how the project's conservation values are related to the project's specific objectives.
The project's conservation values of stream,salmon habitat,and water quality,as well as wildlife
habitat and connectivity are directly served by NWI's objective to fully and permanently protect the
parcel as a unit of the Tarboo Wildlife Preserve.
7. To what degree does the project preserve habitat for flora and fauna other than habitat for
anadromous fish species?
7 a. X provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal
(NOAA and USFWS)Candidate, Endangered, Threatened or Sensitive species (provide list and references).
7
2025 CFF Program Application
7 b.X provides habitat for native flora and fauna. Identify the documented habitat(s)and native flora or fauna
species that will be protected by the project.
7 c. X contributes to a wildlife corridor or migration route identified by Washington Connectivity Working Group
or other peer-reviewed source.
If affirmative in any of the above,please describe and list the Priority Habitat(s) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species'use.'
Priority and Listed Species on-site
Tarboo Creek tributaries Priority Riparian Habitat
Western toad (nearby) State Candidate and Federal Species of Concern
Pileated woodpecker(on site) State Candidate
Documented observations by Peter Bahls, NWI
Listed Species benefited downstream in lower Yarr Creek and Tarboo Creek:
Puget Sound steelhead (likely) State Candidate and Federal Threatened
Hood Canal coho salmon (Yarr Ck) Federal Species of Concern
Western Brook lamprey(likely) Federal Species of Concern
Documented in WDFW fish distribution mapping and NWI survey data
Listed Species benefited downstream in Tarboo-Dabob Bay(documented rearing habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Documented in NWI's nearshore fish survey report-
http://www.nwwatershed.org/uploads/pdf/tarbooFishSurvey.pdf
Provides habitat for a variety of native flora and fauna
The project will protect stream, riparian and forest habitats that support a high diversity of at-risk
fish, bird,amphibian,and mammal species that occur in Pacific Northwest forests, including western
toad, amphibians, bats, bear,cougar,blacktail deer,and neo-tropical migratory birds. The property
comprises stream and riparian habitat along the Yarr Creek ravine,especially important for birds and
other wildlife.
Wildlife corridor
The property is a small but critical piece of a long-term effort to protect a significant wildlife
corridor from the Tarboo valley to the uplands along Yarr Creek and also directly connects with large
protected forestlands. For example,during the Conservation Futures field tour,a radio
collared cougar named Yenewes was on a kill site on lower Yarr Creek about% mile away. She has a
den with three cubs on the other side of Center Road and is frequently tracked in this area (Matt
Mahan, Panthera project).
' See,for example, http:/hvwa.dnr.wa.goviresearchscienceitopicsbatttralheritage/paces/amp nh.aspx
http:'/www.wdfw.wa.gov/conser\ation!Phs/list,
http://www l.dnr.wa.gov/nhpirekleskip lants.hunl
http://www I.dnr.wa.gov/nhp/refdeskipubsiwa ecological systems.pdf
8
2025 CFF Program Application
8. To what degree does the project protect habitat for anadromous fish species?
8. Describe to what degree the project protects habitat for anadromous fish species (for example:marine
shorelines, stream or river corridors including meander zones, and riparian buffers).Please provide documentation
and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat.
Upper Yarr Creek is listed in DNR's stream type mapping as fish bearing,and cutthroat may occur.
Lower Yarr Creek, about one-quarter mile downstream, has documented use as spawning habitat by
coho salmon and coastal cutthroat trout(per NWI spawning surveys since 2002).The project will
protect downstream water quality for salmon in Yarr Creek and Tarboo Creek,as well as helping
protect water quality of Dabob Bay, used by juvenile rearing salmon.
Listed Species benefited in adjacent downstream Yarr Creek and Tarboo Creek:
Puget Sound steelhead(historic) State Candidate and Federal Threatened
Hood Canal coho salmon Federal Species of Concern
Western Brook lamprey Federal Species of Concern
Listed Species benefited downstream in Tarboo-Dabob Bay (documented rearing habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
9. To what degree does the project preserve farmland for agricultural use OR preserve forestland for
forest management?
9 a. Describe the extent and nature of current and planned agricultural use or forest management activities of the
proposed acquisition,including any anticipated changes to that use once the property, or property right, is
acquired with Conservation Futures funds.
Forest management(non-commercial)will be conducted for restoration purposes, such as weed
control, hand selective thinning of young alder, planting of native tree species to restore older forest
habitat.These activities will be detailed in the proposed Stewardship Plan.
9 b.Describe how the acquisition or proposed easement will likely preserve and/or enhance soil,water quality,
watershed function and wildlife habitat.
Complete protection of the parcel will allow for full preservation and restoration of soils,water
quality,and other watershed functions over time.
9 c. Does this project preserve a mix of quality farmland and forestland?
This specific project involves forestland and habitat protection and does not include agriculture.
However, if the definition of agriculture is broadened to include native food foraging,the Property
has potential for gathering of black truffles and other edible mushrooms and deer hunting. In
addition,although this property does not include agricultural lands,within the context of the large
conservation effort for the Tarboo-Dabob Bay watershed, NWI,JLT,and partners are preserving a
mix of agricultural lands,forestlands,wetlands, and wildlife habitats.
9
2025 CFF Program Application
10. To what degree does this project increase resiliency to and mitigation of climate change, and is
the project's scale significant in regards to increasing climate resiliency?
10. Describe how this project will increase resiliency to and mitigation of climate change. Is the project's scale
significant in regards to increasing climate resiliency?
This project will increase habitat and wildlife resilience to climate extremes of winter flooding and
summer high temperatures by:
1) protecting riparian vegetation and their undisturbed steep slopes that are vulnerable to
increased erosion and sediment impacts to stream habitats during winter flooding,and
2) protecting riparian forests and their ability to provide shade that will help reduce summer
stream temperatures and impacts to fish.
11. What area does the project serve?
11 a. Describe how the proposed acquisition benefits primarily a_local area X broad county area including the
area served,the nature of the benefit,the jurisdictions involved, and the populations served.
Although the project acreage is small, it benefits a broad county area because it is a key part of a
conservation project that extends from the headwaters of Tarboo Creek to the state's Dabob Bay
Natural Area to protect and restore habitats and wildlife connectivity on a landscape scale. In
particular,the project proposes protection of a critical section of Yarr Creek,where, if developed,
there would likely be outsized impacts on downstream salmon habitat,adjoining protected habitats
of the Leopold-Freeman Forest and the Tarboo Wildlife Preserve,and potentially the water quality of
Dabob Bay, regionally important for shellfish production and public recreation.
11 b. Is the project located in an area that is under-represented by CFF funded Projects?Areas that Conservation
Futures has not been able to support to date include, Toandos Peninsula,Dosewallips Valley, Bolton Peninsula,
and the West End.
No.
12. To what degree is the applicant committing to providing educational opportunities, interpretive
opportunities, and/or serve as a general community resource that does not reduce the conservation
value(s) of the project?
12. Describe the educational or interpretive opportunities that the applicant will provide for public access,
educational or interpretive displays(signage,kiosks, etc.)on the proposed site,including any plans to provide
those improvements and any plans for public accessibility that will not reduce the conservation value(s)of the
project.2 Provide the time frames when each of the above will be implemented.
The Property is easily accessible from Center Road and NWI plans to use it as site for supervised field
trips of the Tarboo watershed for NWI's education programs for students and community members.
As described in the letter from the Port Gamble S'Klallam Tribe,the Property will also serve an
important place for the Tribes to pass on traditions of sustainable gathering of forest plants used for
cultural purposes and ceremonies.
2 The words "education"and"interpretation"are interpreted broadly by the CFF Committee.
10
2025 CFF Program Application
The Property is also available for public access by prior permission, including deer hunting, berry
picking,and mushroom picking,three important recreational uses in rural areas
13. To what degree does the project preserve historic or culturally significant resources3?
13. The proposed acquisition
includes historic or culturally significant resources4 and
_is registered with the National Register of Historic Places, or an equivalent program.
X is recognized locally has having historic or cultural resources.
_is adjacent to and provides a buffer for a historic or cultural site.
none of the above.
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical
cultural resources.
Please see letter from Laura Price,Cultural Resources Director for the Port Gamble S'Klallam Tribe,
that attests to the importance of this Property for preserving and restoring cultural resources.
The Port Gamble S'Klallam Tribe,Jamestown S'Klallam Tribe,Lower Elwha S'Klallam Tribe,and
Skokomish Tribe are signatories to the Point No Point Treaty and retain the right to hunt and gather
within their Usual and Accustomed Area, including the Tarboo watershed. These Tribes continue to
rely upon a diversity of intact native plant communities in the region,as they have for thousands of
years,as places where they gather traditional food, medicine,and materials for use in all aspects of
their cultural life,including social and religious. The project site's forest is easily accessible and will
provide resources for tribal uses,such as cedar bark for basket weaving. If funded,the project will
permanently conserve the forest while allowing sustainable harvest and gathering to maintain tribal
cultural traditions.
Standalone 0 & M Projects
14. Applications for standalone Operation and Maintenance funding to be scored on a scale of 1-
100 based on information provided. Consider the CFF Manual and the topics below, for example:
14.Please describe in detail,the reason 0&M funds are needed, proposed 0&M activities,and how they
protect resources cited in the original acquisition project. Attach additional information such as up-to-date
stewardship plan,maps, field reports,work plan, budget,timeline,etc.,to support the application,if appropriate.
0 &M projects must address a compelling,immediate need. Specifically include whether the project has an up-
to-date stewardship plan. If there is such a plan,is it being implemented and is the proposed 0&M work
specifically included in the plan?Also,describe any unforeseen or urgent threats to the resource conservation
Cultural resources means archeological and historic sites and artifacts,and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW.
11
2025 CFF Program Application
1/40, yae,
values of the site and whether the proposed 0&M activities will mitigate those threats and/or prevent potential
future threats.
Verification
15.Sponsor commitments:
15 a.Sponsors of projects that are approved for funding by the Board of County Commissioners are required to
submit a brief progress report by October 30 every year for three years after the award is approved,or three years
after the acquisition funds are disbursed to the applicant,whichever is later.The progress report must address any
changes in the project focus or purpose,progress in obtaining matching funding,and stewardship and
maintenance. Sponsors receiving 0&M fiords will also submit an annual report for each year that O&M funds
are expended. The Committee will use the information to develop a project"rcpuit card"that will be submitted
annually to the Board of County Commissioners.
15 b.If this project is approved for funding,I understand the sponsor is required to submit pro reports for
three years and for any year in which 0&M fluids are expended. PA InitialsDate
15 c. If,three years after the date funding is approved by the Board of County Commissioners,the project sponsor
has not obtained the required matching funds,the Committee may request the Board of County Commissioners to
nullify their approval of fiords,and may require the project to re-apply.
If this project is approved for funding,I understand that we may be required to re-submit the application if the
pro ect sponsor does nit ob in the necessary matching funding within three years.
�� Initials 2i Date
S
15 d.The applicant has reviewed all project requirements and all information in the application is accurate to the
best of their knowledge. PG Initials 2/2 ,Date
1-5
15 e.The sponsor commits to providing long-term stewardship to achieve the conservation and protection goals of
the project as proposed in s application or as ma be modified with recommendation of the CF Committee and
approval of the BoCC. f(7 Initials ate
S
12
2025 CFF Program Application
F.. t Tarboo
' northweST Watershed
Watershed InsUlute Assessment
Port
Townsen Watershed Locator
N
r A
. •_ 5 0 5 Milos
March 2004
Tarboo / : Proposed �`
Watershed . Project
'% Hood 2. b
Olympic Quilcene s SNOW, , cm
Mountains111,
tl i ! '- ( ' .‘ rz
0
Q
r
goo Ca A h
/ i
irj . C
Seattle
) , ) . _
f I
7 —Bremerton
eillt1
/'
/ .
rJr
ciL...,, , l' _
Northwest
Washington State
/
Figure 1. Project location within the Tarboo Creek-Dabob Bay and Hood Canal watersheds.
i Tarboo Watershed
Parcel Ownership
Parcels
NNN
_ r NW W in*:An.
I— Northwestu ne%
st 4Hnbea Ire• —1 {•
' '_I WD•04 Gaol Inner Premiere
1 I
----2
-
- - DIATrvnLands
_ yea Pope awauon
L1I7:ffil_.__I ( .1_fr.. - _i DNePreenUnclog Apnoea
Pl —
I — 0 Wen NRCA 201E.pennon
~�•..`w1`7�t \`^ gai Cen.•nrxn Easement.
Reeternon Preens
I -�.r.�e�' VA ConeeNenn a Rae/melon
l\ Aquatic Lands
unlnoMn
i Pune
- ':.1••��1".I Norton..Y#unNW'.naCeal
99 Pries*ran
.-.I I Cevry rod
Pnoje H t :� r � . Northwest
I t `' L� ,� Watershed Institute
1 ^, 7 ;
I vito
Dee 2018
1" I` t ��
c —�
a 0 0.5 1 Miles
? e l i 1 t 1 i
-44
`a
i" 4, '� _
7 -. _I . _ ' ,, I r
v 1
t'—' V1
•
f/`e F n
7 rtmA
_
t% - • f�
. \ I 1
le ;
__ seep -�...i• e1� 1�.�.1..
L' i
Ill
j I 1 I !
4 .N • 1
nt
Figure 2.Project location within the Tarboo Creek watershed.
fi (// � _:JUdn Lay � �
s\c) 6 w
) ,' ,.,/ ,,,,p,.r '
( i:_ .
vivo,'
!J _ ------j"\--;‘\------H.
��� J r , r
/-? �'chaotho
is
re ' ,, -• ft. , './ / ./ , // 'Al _ -.I.: -
ICIS' ;2/ nh
a' / / ,, rs
t , � c Ck%
' fU ' 7"...r, , ,...- ...., ,- ////-f
•-Proje 4 _..,„/%1".;" 9c. / r -- / - 1
/:/ a' .J
-
r, / /" 3 _
Zion View Ln t ll � „, / :., ;
,�'` . (........,_..",,./
,.... \--, \ ---...k,..1 ,_____- . , .,..„/- „ . .
y fY 1 ,r / f,.
0' : rfro' el / /f r
l
(.4?.... .. \ _
K _ r r
faCki
i 0" ' ...., I,../..,.'
HaM s MQ rn of . , / ,1 ./. //
h,c', / ` \ 7/ , ,`
Figure 3.The proposed acquisition adjoins permanently conserved lands of the Leopold-Freeman
Forests(hatched lines)and upstream of NWI's Tarboo Wildlife Preserve (green).
• ',. I
�
,I i ,`'as129:t 0 r I (
.f poi
/!^,a iI ;»r
•
. ,.— UPfte-YrrCreak. . ./,, - -.l
NWI' Tarboo
zoos , •1- � ' ' i .Wildlife Preserve .
= � Leopold-Free' • .
I 1 S - Fore t5 -CE protected.: •
I I � '-t ao Lzadaos 9. j A ^ r y ;' doti9moz;'
Figure 4. The project is along Upper Yarr Creek(mapped in red)that flows to the Tarboo Widllife
Preserve.
•�• Irij:. 1•r:-1,._ �... - _ .:� - - - - .4°rysf,;r„' '
try
i y
UPPer Yarr Ck ��J. -
--z•4601elee_. --I _ . - ''''' 11. .
I _
wtzvaoos +s -
Figure 5. Lydar show the project in relation to Yarr Creek and tributaries in ravines.
'.• .4 I .-----
.•
_.I - . _, -.4• .. 1 '• •
n . .
v..- •-0.... , '''`-' _ te'' "' ••15.:'4.' 4,71P •V ....,
, -.....
. ' . .-. ... .' • •• - ' V- --•
,.•. Ike.''-' '..",'1'').-+.'• ''
rk'' -'' • '* ' .43-'11 "-t 'Y • • .4.-,-- .....
• 1 1 6 S',..„,••'' —- • •' -
-.• "'lir.- VF,-,,„, ,
. • _ %;,,,...._ ,r.•-•
. ,
• Tik ,., .1-.••... , 50 i. , V'4' \7 .'. .'' .
. , .. % • '. , ..., . B01291002' -
'! ./''' sr.-• „ir, -.. -,.. ,- , . .,
• , ",;:,.,,... 114r
*s,
r ..- • '..4. ,. ,...- '"' . . .., ' , ,-.
*I' • • -0 'ft? - -Tr+-
, • cr.
, [ t Nr,,,,,..., -`•-.:,..1/4
.:'• g ille - -'-'s•- ' '44 - w - • . . it- '•.'" '..
. . u .
, . . • *...• --,•• •- v.,'% ,
'•,--- N.- - w -6. -.4 ' ' ' - c" ' +1, - ' '•,-,- ,...,,,,It:,..‘
a • I , . N' , 41' 4‘ ''4 '''"*A.,., '. ..." -
s' . '. ;',' 1 - -:. '.:-.. '• ' ,..,. Ad. - t.-br,
' - ' 111, vrt„ •.o .- •
, . h.. !..17:- ii,,,,, ..r. ;I:r -.• 7 :— 1:- 1-. - -. t. i it_t"•-4`., 't'
.,
, l . I - "RillEiNilli
, "74 cr- - .., ,...., - 7.711".;,-,4"4t4'7'. ', ' -Nt.t. t '-'`' -- . ' ''''•-
'.. I ,g,- .-S01233003: . --'' -'-, ' , .i.1,-teliiliiiii. 11.zi,r-.2.. Virgo; •
A
"2 .` '.• ,,,„` '''-'41-t---' '''' ''•' .."10, ' 1, '-.4*,,.•,t,aLA,..- '' 1(24.6-'1t.'44'40; '
imamks- ' w• ...AL' • . ..'"-ii„,,i,ii-e•,,4-17 IS: 4, '—*It.. le' .,,,, ...,,'ffir".--',11.1:4 i_d• ,
,,„,,t- • -.- -nr.. -or- ;
" ' : 44 4,"1-.;%0P ' 4;:4 - V:. --• •-'
t-- 4 ift4.71 .a 14 -4%- 4. .-. , , :•%,.,, _...4-k
tr. -.. ' 7 "4.4" '43-Se-':%; 'AL ..'"." - --....,‘::- .; .:
tOr
- ..--,• -'1 --freni.‘- 4 ..,-.'. f' ''1 - -,.. ' • 0... - .. '
Figure 6. Arial photo showing actual stream course and riparian vegetation through the property.
r_ m or R111 ck ,,,r44,0,SPol•-.....--
-• 1
-
...S.
OW
a
I
41011 I ...1"; WO ..
4,1
•fit ' f. ,
4 4"
.,
/41) , — Li: . . . , :._ . or
... .•-••• .
4/4,.... . - %,
- 4
—
4 -.. ....''''"411111111111111111H.11.11."114640 I
29 4005
4.
Ili 104 iiiP ...
Figure 7 Lydar image showing Upper Yarr Creek in ravine that runs through the property. Orange line is
incorrect stream location shown on Jefferson County GIS.
R' t .� ,1Kai `u,i.r �., 1 - a ,, i •-w-•3 '-1 ,T,;Afe . .. .li
F U { ^ ytr+ l� ). al I q "•�v'fir' ,•t + ! i 4\� Lt .A ,I �`q 1'' 4,6
-1"4
tt • ,1 , j +� i'1r' Lrt)`4r+ j1 r.y L r°, " 41, �
r+. t'7 I A 1 fir' yo,��.• , .1r I I- `M. -+- S
%
I•
y:{11.' I f r .. rl("ii f '•4 Il 1 \6,I, . ,21,, ' n,. '•t' Irf'��
♦ Jr ` + •1' 1 I, is '1 1.! I I, ' ' I 1 ,yy 1 i•1 ARA
/. �"' - ..I. I r.� .•I I •.J II 1+ {• I .. •
i, ,,, . :. �A ' a / yc7
` 'SIi' } .,:; 11.'. i,L•j ± • thj t •, f,.'. • IL@ ' IIIG ..f
ii
' r' 1' i r 't•t7''''c \ + :�.I '1�• f l ,1' \4—Ai~ �I�•f\'�. .I /,�,•PAA^S,. ' Jy i'-:
4 • �"4 • •`+. 1,1 • :1 I • \` I /. 11tt "fit
,4 t
. \I- ..:,..k..442:. •, ki.j41.....4.''',. . 11,2'‘',, :jsz;.,._ . •
L J i • _ \+, r
II +,-. V.
'`'r')1�. J• ��'i / t' i_k`�I 1. ' cam. e•
4014,.
•1 `F` i;'4 •.. . `.\` r ~::.r1 IV. .•'^� 7f'4. t` _ •k .°;c• y r'
e c -'''- ••.0'r _ ikk „.,� -,^` • as ..
- - 1{,N - .:T.', i4 NN'N.•• ,...,•• • .8.. ,_ Algir—j ...:_‘;',1%."--,':,..'",_:! .7:,- -- -1• j:01.L, ).1;iig't,"4Z.; *:,,-
Nvx4s,
Iit',\\' ` r t 'Cr. s ram. .?� `'. �r • ('If n^ '`I`,
pry', 'iw' r
;; _ ham` • 1/ • • ff/�i',• r \ • . ' -.IA „P' •
Figure 8. Upper Yarr Creek and riparian forest on the property. Most of the property is Priority Habitat.
1 v •y k7--fit �. ►—,,I i ►� '11"
, t1;`� �� f i'��rf r. ;:Lca�l�i�• r t �- �� f
1,f�•1 "•_ .. �Y kj ` '�1 l 'IJI� r f
.' i�t C .."L ( (� }fir '/�i: ►
i „1.11. ,' t....,, ,. . ., ; ,.„ t-7'Se_h ,,, r T•- F,'g rj.tpi3 ,� ti�:, ,, t -,.•• ,,L
:51
1t' "*,may_ IolF ; .-,,g-54 -.__,,,-7'u[� y: ? { ii` •a• �, v
h- • tk,L,,---,:lig, ,= .4.6...,,,..,,)---,,,,.-17F;:-
,� IR,:-f`�+ •'- f 't,i ',; f "..4tt 'rig
J 7 ••K �� �',�� / 7_
'` X '}s•Z't k" q fr tf gyp• �J
r!' ,, , .k` s,`L - •,l1,,.„ .. mot y' ^•M w.2..;•'.$ r,� r i/ •••f+f, 1 I
Cr. ' i,1:9-x .1, )i. of- •';1.2?4:r 1.,1fi•ii 1 it 1 'J.,• 'l��t•£�. i M.
,.,..,. A. t ,�I , f, • - i. • • +I. .r' •? r .p + , ,.0 111/� _ ,-�,..\ •' t l'14: 'I *
s,� t ate.1(0
- .1, p r, r"�(t i�'• 4 Ater+
"� ''$ s1 �f d I
:� fir' � ]j , SE `< w 'i
.4 •f F �- -' -'Y. T. ,,,. 1.. . .•• i.-l� r.' i� , -
• 14-'1-•- •--..:,.: -- --4- ,-- .,.-y.,.-. iy.- ,. •, -..1-‘. ,,, ., ...-:-,-....• .. .,s A ' 7....-. .'iliii -'' _11.71( , .7:- -. _
„,..
r.
, ,
V.
1
Figure 9. Mixed mature native forest on the property.
..,v,...., , .ct,:7:3. i.,e...„,
`:- t - t'•�1., W— ,f i•S>•i` +. '•� .. p'.`' �`•-• L ,..A/s, ` .1,y'S-'1.�/t y�,-S'.� •ti�X4-• -
,gt
•
.__,_::!--t'17:i. • - .11.- .; ..'.%- . 2,4,, ..... '' 't..!.,t''•..`:'r ...''X.10ii ./....r, '" itilk-e`"7
!! ' fir„ f• L 'rr `1 a y -Pe •i ef',• .^ 1 l
,c z* NY, L •
r•1, tr,' ? ,A , Tea rr`� a 1'• -;-"lc--.
err _.;,v . .(, +r . ..ki'. �� ^ 'r•7 '-_, ' -,14 _ .
t
i'•ice ,1' '1 �1 •Iti i'f ,}
. 'i ill.1 (- i .••
I l
p 1• 1�' • Y r' t t f' i
i �f �. '4 1 r"-`' 1,•• •�� I ury k£Z�L `,`y,j�4�•1-..4'�CKr it
ti sir - i T �',„ i:,'�•�• i EY'' „`ti:
- r9-2:: • .-.0.. ... ......z.,,,,4„,,...„ 4. P '',,•rs V'o' ''‘i i: %:_-1,.; * ''. .
I71
,�ow.,.. r `..,4 '..• 1 -' C.4.4 1 .,,• b.- rt:� ..
i-.i •, '-•• r�. ;W •'•,. ItiL .r• r r.-:' 40n:•i ':_ .\' •.. .4t,L.rr•
Figure 10. Steep side slope in Upper Yarr Creek ravine.
r
'% , T d 1`1 . o T gj r CL j: Y' rjiri '' N !7 .� •A • g. 4-
^ ; ` ' i + �� ' r !1 j i, 1� S _�. �. J i� , �� I,�kw • 1;
t " � lf _�r '� ,'``fl ' 1ti - .1• • .
.
c?
-.1:,/,,,-, Iv.): iii ; . ..r.%•.r.,•& .:ti to. .. , dill t.; .. ‘. ,4 ;4 . ,rt • A-tel,r- '' ,.L.:'.e.;i'P'"' 's i • -
_ tj� i
tir 1 i Y
4
* .'444.2,4:;:t
S.. ';1 t'D��i.,-'��1,[/�t-) S` `�R f i' • s ••,�, t- - '?re F Nu .N. Nr- -• 4- ?�'
°Y�. +/ . ,l .c it �; \'f '•�X�;'F T, -t ,q a ,°� i � ��• • ,
aid ' y.;' S +, "' 'A 1! •` ar tI a4
4of
t it t' `. '_a'1 -::Q.... `., r 1- ,f" °
- • 7-'• •44 To,f116,, likt,,,irt .1 ..-i vs. „,„=.4.....,..:-.*-?4, ..' 0• 111
Figure 11.The south side of property includes younger hardwood forest.
_ %', '‘.mv-e;-osb:- .* ----a.,,v--AP---,-:.;-ra 1 --.•. -,. - ._Nwratie:—t-05‘„,-1-wo:04.7-. ..dak,-- --1443L-, --701 -_-=-1
iP.-_ .... __00,--- - „1/2_ e.1,,1
. : -tat !--„. ..." ___40•Tiriti . -v.7.;1
ii....,......... ..._,........ ‘,711,isairdier,
‘ --
_~
_ -visor
ir.,
, , . _ . .
,......_ _. x.... .,....
iii,irk-1. . Aairibei.-‘ .joile.i. ,3 .__. ., -, -- ifx .
.0004'....;;;c:t., A . -- .., _.....
__....... .-_,T--.... ...-g ,,. ..,.,. -.1;it,4: til-jtor- _ '-'' .' ' '''': -': . -4.
Ahilik, 7:40119! . • , ,.. • A, . 1, ,:ifety -->,.___ _____
wo.-
-,--- •_--- _.- --xmihr::.• -0 0 7 rii, , # ...., - ,,,,.... i
- 1. , . a .✓
! \t arr- -1.
Figure 12. Western toad, a state listed at-risk species, has been found nearby and is expected to use
forest habitat on the property.
Jefferson County Conservation Futures Proposal 2025
Upper Yarr Creek Acquisition Project
SUPPLEMENTAL MATERIALS
Proof of willing seller:See narrative, project sponsor proposing to sell deed restriction to
property already owned by NWI.
Estimate of value: No appraisal required. Requesting$20,000 or less.
Site location map:See separate PDF, maps and photos
Critical areas map:See separate PDF, maps and photos
Project boundary map:See separate PDF, maps and photos
Color images:See separate PDF, maps and photos
Development plan or Narrative: NA
Proof of 501c3 status
Current budget: 2024-2025
Board roster: 2024-2025
Staff roster: 2025
Financial statements: last fiscal year July 2023-June 2024
Resolution to submit proposal: NWI executive committee resolution
Cultural Resources letter from Port Gamble S'Klallam Tribe, Feb 27, 2025
3407 Eddy Street I Port Townsend,Washington 98368
Northwest voice 360.385.6786 fax 360.385.2839
Watershed Institute email peter@nwwatershed.org I www.nwwatershed.org
February 27, 2025
Dear Jefferson County Conservation Futures Committee:
NWT is willing to protect the Upper Yarr Creek property through compensation to NWT
for placing a permanent county deed restriction on the property that prohibits all uses
incompatible with habitat conservation and restoration.
Sincerely,
p.,..,4 allair-----
Peter Bahls
Executive Director
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. 0. BOX 2508
CINCINNATI, OH 45201
Employer Identification Number:
Date: op 2 46 93-1325820
DLN:
17053259778026
NORTHWEST WATERSHED INSTITUTE Contact Person:
3407 EDDY STREET CLINTON L FORTNER ID# 31163
PORT TOWNSEND, WA 98368-0000 Contact Telephone Number:
(877) 829-5500
Public Charity Status:
170 (b) (1) (A) (vi)
Dear Applicant:
Our letter dated JANUARY 2002, stated you would be exempt from Federal
income tax under section 501(c) (3) of the Internal Revenue Code, and you would
be treated as a public charity, rather than as a private foundation, during
an advance ruling period.
Based on the information you submitted, you are classified as a public charity
under the Code section listed in the heading of this letter. Since your
exempt status was not under consideration, you continue to be classified as
an organization exempt from Federal income tax under section 501 (c) (3) of the
Code.
Publication 557, Tax-Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organization.
You may request a copy by calling the toll-free number for forms,
(800) 829-3676. Information is also available on our Internet Web Site at
www.irs.gov.
If you have general questions about exempt organizations, please call our
toll-free number shown in the heading.
Please keep this letter in your permanent records.
Sincerely yours,
(!:40
9?
Lois G. erner
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
10:38AM Northwest Watershed Institute
02/25/25 Profit & Loss Budget Overview
Accrual Basis July 2024 through June 2025
Jul'24-Jun 25
Ordinary Income/Expense
Income
Grant Revenue
4010•Federal Funds 1,500,000.00
4020•Foundation 2,000.00
4030•State Funds 42,000.00
Total Grant Revenue 1,544,000.00
Contributed Income
4040•Restricted 131,000.00
4050•Unrestricted 120,000.00
Contributed Income-Other 0.00
Total Contributed Income 251,000.00
Rental/Lease Income
4165•Olson tideland lease 4,000.00
4175•Rental Income Reinertsen Rental 18,000.00
4182•Rental Income-Yarr Caretaker 6,000.00
Total Rental/Lease Income 28,000.00
Consulting/Miscellaneous
4210•Consulting Fees 2,000.00
Total Consulting/Miscellaneous 2,000.00
Total Income 1,825,000.00
Gross Profit 1,825,000.00
Expense
Health benefits
6096•Health insurance 34,000.00
6094•HSA Contribution 10,600.00
Total Health benefits 44,600.00
6041 •Paypal Fees 300.00
6010•Advertising 100.00
6030•Automobile Expense 2,500.00
6040•Bank Service Charges 500.00
6060•Depreciation Expense 1,600.00
Insurance
6091 •Auto 4,000.00
6093•Liability Insurance 4,000.00
Total Insurance 8.000.00
Land Acquisition
6170•Closing Expenses 40,000.00
6150•Land 1,300,000.00
Land Acquisition-Other 0.00
Total Land Acquisition 1,340,000.00
6180•Licenses and Permits 0.00
6210•Miscellaneous 0.00
Payroll Expenses
Gross wages
6237•Education Director 24,000.00
6231 •Director 90,000.00
6232•Stewardship Director 36,000.00
6233•Project Assistant 7,000.00
6234•Field Crew 88,000.00
Total Gross wages 245,000.00
Page 1
10:38 AM Northwest Watershed Institute
02/25/25 Profit & Loss Budget Overview
Accrual Basis July 2024 through June 2025
Jul'24-Jun 25
Payroll Taxes
6246•Paid Family and Medical Leave 0.00
6240•Medicare 3,500.00
6241 •Social Security 15,000.00
6243•Workers Comp 11,000.00
6245•WA State Unemployment 3,600.00
Total Payroll Taxes 33,100.00
Payroll Expenses-Other 0.00
Total Payroll Expenses 278,100,00
6250•Postage and Delivery 750.00
6260•Printing and Reproduction 750.00
Professional Fees
6271 •Accounting 1,500.00
6274• Legal Fees 2,000.00
Total Professional Fees 3,500.00
Program Expense
6284•Student Stipend 2,000.00
6282• Fees 1,600.00
6283•Project subcontractors 40,000.00
6286•Overrun 0.00
Total Program Expense 43,600.00
6290•Rent 12,000.00
Repairs and Maintenance
6350•Septic Repair 0.00
6310•Building Repairs 50,000.00
6320•Computer Repairs 250.00
6330• Equipment Repairs 3,000.00
Repairs and Maintenance-Other 500.00
Total Repairs and Maintenance 53,750.00
Supplies
6420• Field Supplies 30,000.00
6440•Office Supplies 2,000.00
Total Supplies 32,000.00
Taxes
6510• Property Taxes 5,000.00
Total Taxes 5,000.00
Telephone/Communications
6650•Mobile phone 1,800.00
6610•Internet Server 800.00
6620•Telephone-Local 0.00
Telephone/Communications-Other 0.00
Total Telephone/Communications 2,600.00
Travel&Ent
6720•Meals 140.00
Total Travel&Ent 140.00
Utilities
6810•Gas and Electric 600.00
Utilities-Other 0.00
Total Utilities 600.00
Page 2
10:38 AM Northwest Watershed Institute
02/25/25 Profit & Loss Budget Overview
Accrual Basis July 2024 through June 2025
Jul'24-Jun 26
9000•Suspense 0.00
Total Expense 1,830,390.00
Net Ordinary Income -5,390.00
Other Income/Expense
Other Income
7010•Interest Income 10,000.00
Total Other Income 10,000.00
Other Expense
8016•Conservation Ease/Deed Restri 0.00
Total Other Expense 0.00
Net Other Income 10,000.00
Net Income 4,610.00
Page 3
Northwest Watershed Institute
BOARD OF DIRECTORS 2024-25
Board Members and Affiliation and Term on the Board of Directors
Officers
Peter Bahls Peter Bahls is currently full time Executive Director and Conservation
President,Vice-President, Biologist for Northwest Watershed Institute.
Treasurer
Term-2023-2025
3407 Eddy Street
Port Townsend,WA 98368
Jean Ball Jean Ball is a farmer and naturalist in Quilcene,Washington.
Board Member
Term- 2024-2026
10221 Center Road,
Quilcene,WA 98368
Scott Calhoun Scott Calhoun studied biology and geology in college and graduate
Board Member school where he specialized in shorelines and watersheds. He owns
forestland in the Tarboo watershed.
5710 59th Ave NE
Seattle,WA 98105 Term- 2024-2026
Janis Henry Janis Henry is a retired biotech patent attorney and chemist with over
Secretary 30 years of experience.She is a life-long nature enthusiast and
embraces adventure travel.
14445 SE 55th Street
Bellevue,WA 98006 Term-2023-2025
Gene Jones Gene Jones is a member of the Port Gamble S'Klallam Tribe and
Board Member spiritual leader for four Tribes in the Olympic Peninsula region.
5860 NE Totten Road Term- 2023-2025
Poulsbo,WA 98370
Liz Hoenig Kanieski Liz Hoenig Kanieski has over 25 years of experience as a field biologist,
environmental educator,and environmental planner.Much of her work
1005 Lawrence Street has focused on watershed protection,citizen engagement and water
Port Townsend,WA 98368 resources.
Term-2023-2025
Keith Lazelle Keith Lazelle is an award-winning nature photographer who lives on
Board Member Dabob Bay. His work has been used by many environmental
organizations including Audubon,Hoh River Trust,The Nature
PO Box 192 Conservancy,and NWI.
Quilcene,WA 98376
Term-2024-2026
Northwest Watershed Institute
STAFF ROSTER 2025
Peter Bahls, Executive Director
Wesley Meyers, Stewardship Director
Megan Brookens, Education and Outreach Director
Robin Enge, Administrative Assistant
Eva Ellis, Field Crew
Bernt Goodson, Field Crew
Zack Hawkes, Field Crew
Hanna Petersen, Field Crew
Veronica Phelan, Field Crew
Grace Rabbitt Burke, Field Crew
Trevor Williams, Field Crew
Abel Dances, Carpenter
12:53 PM Northwest Watershed Institute
01/10/25 Profit & Loss
Accrual Basis July 2023 through June 2024
Jul'23-Jun 24
Ordinary Income/Expense
Income
Grant Revenue
4010•Federal Funds 2,057,763.40
4020•Foundation 1,614.27
4030•State Funds 41,710.22
Total Grant Revenue 2,101,087.89
Contributed Income
4040•Restricted 130,710.00
4050•Unrestricted 116,423.00
Contributed Income-Other 520.00
Total Contributed Income 247,653.00
Rental/Lease Income
4165•Olson tideland lease 4,000.00
4175•Rental Income Reinertsen Rental 7,673.37
4182•Rental Income•Yarr Caretaker 4,139.46
Total Rental/Lease Income 15,812.83
Consulting/Miscellaneous
4210•Consulting Fees 1.155.00
Total Consulting/Miscellaneous 1,155.00
Total Income 2,365,708.72
Gross Profit 2,365,708.72
Expense
Health benefits
6096•Health insurance 31,075.72
6094•HSA Contribution 10,300.00
Total Health benefits 41,375.72
6041 • Paypal Fees 289.80
6010•Advertising 127.05
6030•Automobile Expense 2,033.19
6040•Bank Service Charges 499.77
6060•Depreciation Expense 1,600.00
Insurance
6091 •Auto 4,130.00
6093•Liability Insurance 4,059.45
Total Insurance 8.189.45
Land Acquisition
6170•Closing Expenses 0.00
Total Land Acquisition 0.00
6180•Licenses and Permits 15.00
6210•Miscellaneous 163.37
Payroll Expenses
Gross wages
6237•Education Director 23,754.50
6231 •Director 73,333.48
6232•Stewardship Director 33,682.00
6233•Project Assistant 6,119.00
6234•Field Crew 86,245.20
Total Gross wages 223,134.18
Page 1
12:53 PM Northwest Watershed Institute
01110/25 Profit & Loss
Accrual Basis July 2023 through June 2024
Jul'23-Jun 24
Payroll Taxes
6246•Paid Family and Medical Leave 1.19
6240•Medicare 3,305.81
6241 •Social Security 14,169.09
6243•Workers Comp 10,942.09
6245•WA State Unemployment 3,687.53
Total Payroll Taxes 32,105.71
Payroll Expenses-Other 4,853.32
Total Payroll Expenses 260,093.21
6250•Postage and Delivery 744.74
6260•Printing and Reproduction 758.11
Professional Fees
6271 •Accounting 1,375.00
6274•Legal Fees 324.50
Total Professional Fees 1,699.50
Program Expense
6284•Student Stipend 0.00
6282• Fees 1,553.89
6283• Project subcontractors 82,835.44
6286•Overrun 68.55
Total Program Expense 84,457.88
6290•Rent 12,000.00
Repairs and Maintenance
6350•Septic Repair 9,769.44
6310• Building Repairs 9,207.34
6320•Computer Repairs 248.20
6330•Equipment Repairs 2,868.14
Repairs and Maintenance-Other 474.37
Total Repairs and Maintenance 22,567.49
Supplies
6420•Field Supplies 8,204.99
6440•Office Supplies 1,951.11
Total Supplies 10,156.10
Taxes
6510• Property Taxes 4,963.81
Total Taxes 4,963.81
Telephone/Communications
6650• Mobile phone 1,567.40
6610'Internet Server 758.50
6620•Telephone-Local 81.26
Telephone/Communications-Other 142.28
Total Telephone/Communications 2,549.44
Travel&Ent
6720•Meals 144.65
Total Travel&Ent 144.65
Utilities
6810•Gas and Electric 696.03
Utilities-Other 770.16
Total Utilities 1,466.19
Page 2
12:53 PM Northwest Watershed Institute
01/10/25 Profit & Loss
Accrual Basis July 2023 through June 2024
Jul'23-Jun 24
9000•Suspense 267.06
Total Expense 456,161.53
Net Ordinary Income 1,909,547.19
Other Income/Expense
Other Income
7010•Interest Income 9,952.06
Total Other Income 9,952.06
Other Expense
8016•Conservation Ease/Deed Restri 782,040.09
Total Other Expense 782,040.09
Net Other Income -772,088.03
Net Income 1,137,469.16
Page 3
12:55 PM Northwest Watershed Institute
01/10/25 Balance Sheet
Accrual Basis As of June 30, 2024
Jun 30,24
ASSETS
Current Assets
Checking/Savings
First Fed CD-3090 51,430.51
First Federal CD-3091 51,523.58
First Fed Savings 52,417.11
1020•Checking-Kitsap 59,986.66
Total Checking/Savings 215,357.86
Accounts Receivable
1200•Accounts Receivable 22,048.75
Total Accounts Receivable 22,048.75
Other Current Assets
1250•Prepaid Insurance 2,115.50
1300•Employee advance 163.88
1499•Undeposited Funds 111,313.33
Total Other Current Assets 113,592.71
Total Current Assets 350,999.32
Fixed Assets
1513•Vehicle-2001 Ford xtra Cab 8,000.00
1554•Trailers 4,000.00
1512•Vehicle-Ford pickup 4,150.00
1530•Kubota Tractor 16,709.10
1590•Accumulated Depreciation -28,592.08
Property
1555•Capital Improvements 3,035.20
1551 •Land 2,197,217.48
Total Property 2,200,252.68
Total Fixed Assets 2,204,519.70
TOTAL ASSETS 2,555,519.02
LIABILITIES&EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000•Accounts Payable 5,965.77
Total Accounts Payable 5,965.77
Other Current Liabilities
2100•Payroll Liabilities
2105• Flca,Medicare,FWH Payable 5,148.22
2109•WA-Paid Fam Med Leave Emp. 446.33
2120•Workers Comp Payable 5,013.23
2130•SUTA&EAF Payable 1,663.44
2125•FUTA Payable 267.06
2100•Payroll Liabilities-Other 489.77
Total 2100-Payroll Liabilities 13,028.05
2250•Rental Security Deposit 3,000.00
Total Other Current Liabilities 16,028.05
Total Current Liabilities 21,993.82
Total Liabilities 21,993.82
Page 1
12:55 PM Northwest Watershed Institute
01/10/25 Balance Sheet
Accrual Basis As of June 30, 2024
Jun 30,24
Equity
1110• Retained Earnings 1,396,066.04
Net Income 1,137,459.16
Total Equity 2,533,525.20
TOTAL LIABILITIES a EQUITY 2,565,519.02
Page 2
...IV sj/ •
3407 Eddy Street I Port Townsend,Washington 98368
Northwest voice 360.385.6786 fax 360.385,2839
Watershed Institute email peter@nwwatershed.org I www.nwwatershed.org
Memo
To: Tarboo Creek Conservation Project File
From:Peter Bahls, Executive Director
CC:
Date: February 25, 2025
Re: Executive Committee Resolution to Submit Jefferson County Conservation
Futures 2025 Application for the Upper Yarn Creek project.
At its Annual Board Meeting of June 21, 2024, the Board of Directors of Northwest
Watershed Institute unanimously approved the following resolution—
An executive committee comprised of Peter Bahls and Janis Henry shall serve as an
executive committee to have the power to make on-going decisions between Board
meetings per the existing by-laws.
On February 25, 2025 the executive committee approved the following resolution—
DECIDED — Northwest Watershed Institute shall sponsor and submit a grant
application for Jefferson County Conservation Futures 2025 Program to propose
acquisition and restoration of the 1-acre Upper Yarr Creek project.
Priority:The Toandos Forest property is 6x the size of the Upper Yarr property and is
at high risk of development if JCCF funding is not awarded, so it is considered the top
priority for NWI.
/r
Peter Bahls Janis Henry
President Secretary
February 27, 2025
Peter Bahls, Executive Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend,WA 98368
Dear Mr. Bahls:
I understand that Northwest Watershed Institute is applying for Jefferson County Conservation Futures(JCCF)grant
funding to acquire and protect Upper Yarr Creek, 1 acre of stream and riparian forest habitat adjacent to protected
lands of the Leopold-Freeman Forest and flowing into lower Yarr Creek on NWI's Tarboo Wildlife Preserve in the
Tarboo valley. If successful,the grant funding will protect the forest under county deed restrictions and allow older
forest habitats to develop.We strongly support this project and want to convey the importance of the forest and
stream habitat as a cultural resource to the Tribes.
The JCCF grant application states that cultural resources include"...traditional, religious,ceremonial,and social uses
and activities of affected Indian Tribes...". I want to make it clear that the Upper Yarr Creek property is a cultural
resource under this definition and the proposed plan for protection and restoration would help grow its importance.
Four tribes-Port Gamble S'Klallam Tribe,Jamestown S'Klallam Tribe,Lower Elwha S'Klallam Tribe,and Skokomish
Tribe-are signatories to the Point No Point Treaty and retain the right to hunt and gather within their Usual and
Accustomed Area,including the Tarboo watershed. These Tribes continue to rely upon the forests of the region,as
they have for thousands of years,as places where they gather traditional food, medicine,and materials for use in all
aspects of their cultural life, including social and religious.
Salmon and shellfish are central to sustaining the cultural heritage of the Tribes.Yarr Creek is an important coho
salmon spawning stream and these habitats are recognized by the Tribe not just as natural resources but as cultural
resources vital for sustaining salmon runs,as well protecting water quality for shellfish production in Dabob Bay.
In addition,Tribal members harvest wood from cedar, big leaf maple,and alder trees to make large box drums,
masks,and other traditional objects that the Tribes have used for thousands of years for religious and social
ceremonies. However,with the conversion of vast areas to private industrial tree farms and development projects,it
is increasing difficult for the Tribes to access forests suitable for traditional cultural uses.
The proposed project will protect important cultural resources for the Tribes:habitat that sustains salmon and
shellfish and forest that provides a large variety of indigenous plants and trees of cultural importance.s.
Sincerely,
Laura Price
Cultural Resources Director
Port Gamble S'Klallam Tribe
31912 Little Boston RD NE
Kingston WA 98346
Office:360-297-9655
Cell:360-509-7723
EXAMPLE OF RE-RECORD OF SWD FOR CONSERVATION FUTURES PURPOSES
AFTER RECORDING RETURN TO:
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
DOCUMENT TITLE: Statutory Warranty Deed—Re-Record
GRANTOR: Rosie L.von Engel
GRANTEE: Northwest Watershed Institute
ABBREVIATED LEGAL DESCRIPTION(Complete description on Page 1): S29 T28 RI W Tax 2
ASSESSOR'S TAX PARCEL NUMBER(S): 801 293 003
REFERENCE NUMBERS OF RELATED DOCUMENTS: 658592
The parties are re-recording the Statutory Warranty Deed, recorded on 01/17/2023 in the official
records of Jefferson County, Washington, under Auditor's File No. 658592 (a copy of which is
attached hereto as Exhibit A), for the sole purpose of including language required by Jefferson
County providing funding to Grantee Northwest Watershed Institute's acquisition of the property
described in said Statutory Warranty Deed, and without additional consideration from Grantee
to Grantor.
1
4899-1951-4625v.6 0046182-000042
STATUTORY WARRANTY DEED
(RE-RECORD)
THE GRANTOR Rosie L.von Engel,now according to the application for title insurance Rose/Marie
Ludmilla von Engel,as her separate estate for an in consideration of TEN DOLLARS AND OTHER
GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Northwest
Watershed Institute,a Washington nonprofit corporation the following described real estate, situated
in the County of Jefferson, State of Washington(the "Property"):
Tax Parcel Number(s): 801 293 003
That portion of the North 100 feet of the Southeast'A of the Southwest'A of Section 29,
Township 28 North,Range 1 West,W.M. and that portion of the Northeast'A of the Southwest
'A of said Section 29 lying Easterly of the Quilcene-Center County Road right of way as
conveyed by Deed recorded March 13, 1956 under Auditor's File No. 149069 and Southerly
of the Old Tarboo Lake Road as conveyed by Deed recorded March 1, 1948 under Auditor's
File No. 112974, in Jefferson County,Washington;
Together with the West 158 feet of the North 100 feet of the Southwest'A of the Southeast'A
in said Section 29.
Situate in the County of Jefferson, State of Washington.
SUBJECT TO: Covenants, Conditions, Restrictions, Easements, Plats and Surveys, if any,
affecting title, which may appear in the public record
Grantee's costs of acquiring the Property were provided in part by grant funding from the Jefferson
County Conservation Futures property tax authorized by Washington law. Grantee hereby agrees to
be bound by Jefferson County Code(JCC) 3.08.030(9), the uses authorized under RCW 84.34.230,
including the obligation to ensure the long-term conservation of the Property in accordance with the
terms and conditions of this Notice of Grant Restrictions and Restrictive Covenants for Conservation
Purposes, and to obtain the consent of Jefferson County prior to any conveyance of any interest
acquired hereby. Consistent with JCC 3.08.030(9),the Property shall not be converted to a different
use unless and only if other equivalent lands or interest in lands within Jefferson County are received
by Grantee in exchange.
{Signature page(s) to follow)
2
4899-1951-4625v.6 0046182-000042
IN WITNESS WHEREOF,Grantor has caused this instrument to be executed and delivered as of
the day of ,2025.
GRANTOR:
Rosie L.von Engel
State of Washington )
) ss.
County of )
On this day of , 2025, Rosie L. von Engel, known to me or
proved by satisfactory evidence to be the individual described in this instrument, acknowledged
before me that she signed this instrument as her free and voluntary act and deed for the uses and
purposes stated therein.
Notary Public for State of Washington
Residing at:
My commission expires:
3
4899-1951-4625v.6 0046182-000042
IN WITNESS WHEREOF, Grantee has caused this instrument to be executed and delivered as of
the day of ,2025.
GRANTEE:
NORTHWEST WATERSHED INSTITUTE
By:
Its:
Datc:
State of Washington )
) ss.
County of )
On this day of . 2025, Peter Bahls, known to me or proved by
satisfactory evidence to be the individual described in this instrument, acting in his capacity as
Executive Director of Northwest Watershed Institute,acknowledged before me that he signed this
instrument as the free and voluntary act and deed of such corporation for the uses and purposes
stated therein.
Notary Public for State of Washington
Residing at:
My commission expires:
4
4899-1951-4625v.6 0046182-000042
EXHIBIT A
Original Statutory Warranty Deed
{attached)
5
4899-1951-4625v.6 0046182-000042
Exhibit C
2025 Conservation Futures Fund Program Manual
Upper Yarr Creek Protection Project 15
�QS0N r
r
S',r NC'.CQ,
Jefferson County Conservation Futures Fund Program Manual
2025 Funding Cycle
Jefferson County Conservation Futures Fund Program Manual
2025 Funding Cycle
Mission of the Conservation Futures Fund Program
The mission of the Jefferson County Conservation Futures Fund program is to provide a system of public open
spaces, those open spaces being necessary for the health,welfare,benefit and safety of the residents of Jefferson
County and the maintenance of Jefferson County as a desirable place to live, visit and locate businesses.
Conservation Futures Fund Citizen Oversight Committee(CFFCOC)Membership(as of November 2024)
Tom Backman: Citizen, District 3
Mary Biskup: Citizen,District 1
Clint Cole: Interest—Anadromous Fish
Laurie de Koch: Citizen, District 3
Tom Erlichman: Citizen, District 2
Rob Harbour: Interest—Working Lands
Richard Jahnke: Interest—Coastal Areas
Cheryl Lowe: Interest—Habitat Values
Ryan McMackin: Interest—Wetlands
Joanne Pontrello: Citizen,District 2
Ron Rempel: Interest—Wildlife Conservation Biology
David Wilkinson: Citizen,District 1
Vacant: Interest
Table of Contents
Overview 3
Conservation Futures Fund Citizen Oversight Committee(CFFCOC) 4
Project Selection 4
Preapplication Option 5
Information Sources ...5
Reimbursement .5
Compliance with All Laws 6
Record Retention 6
Acquisition Projects .6
Combination Acquisition/O&M Projects 9
Operation and Maintenance(O&M) 9
Required Site Visit 11
Required Meeting 11
Annual Reports .11
Additional Reporting .. 11
Project Changes 12
Program Suggestions 13
Project Agreement Template APPENDIX A
Map of Approved Projects .APPENDIX B
Annual Report Form Template APPENDIX C
Definitions APPENDIX D
2025 Program Calendar APPENDIX E
2
2025 CFI'.Program Manual
humfiwww.co.ietterson.ma.us'560/ConAtRation-Futures-Pmgraro
1. Overview
Jefferson County welcomes your application to the Conservation Futures Fund Program(CFF Program). Please
do not hesitate to contact the program coordinator at Jefferson County Public Health with questions at Ph: 360-
379-4498 or tpokorny@co.jefferson.wa.us.The Conservation Futures Program website address is
http://www.co.j efferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,Jefferson County Code
Section 3.08,in accordance with the Revised Code of Washington(RCW)Chapter 84.34.The ordinance
establishes goals for the county's Conservation Futures Program and an allocation process for the conservation
futures tax levy.
The purpose of the CFF Program is to acquire open space lands, including green spaces,greenbelts, fish and
wildlife habitat,trail rights-of-ways, agricultural land and forest land(as those terms are defined in Ch. 84.34
RCW).Projects may include fee-simple or any lesser interest or development right with respect to real property as
well as operation and maintenance(0&M)activities.0&M projects must be linked to a past,or proposed,
CFF-funded acquisition.
A minimum 50%match is required for all project types.Match must be cash, land trades,the value of land to be
traded,or other open spaces linked to the property under application.Lands valued primarily for their open space,
wildlife habitat, agriculture and forest values and their associated non-monetized ecosystem service values are all
eligible. The project sponsor must sign a grant agreement with the county(see Appendix A). County code(JCC
03.08.030(10))requires that properties or easements be held by public entities or others as defined in RCW
84.34.210. Government entities may choose to share title of a property with a non-profit nature conservancy
corporation or association. Public open spaces must be available on the same conditions to all residents of the
county for the benefit of Jefferson County residents and visitors.Applicants for projects may include the county,
municipalities,park districts, state or federal agencies,private non-profit corporations or associations, and private
individuals.
Project applicants must be represented by a local sponsoring organization based in Jefferson County.Potential
sponsors include local governments, special purpose districts and non-profit corporations.A list of potential
sponsors is available by contacting program staff.A project sponsor is responsible for the content and submission
of the application,organizing and hosting a site visit,making a project presentation to the CFFCOC,the
stewardship plan and its implementation,and all County contracting,reporting, and reimbursement requirements.
Available funding is announced late in the calendar year and applications are provided by Jefferson County Public
Health. Conservation Futures Fund monies can be the collateral,revenue stream or security for long-term
financing(typically bonds)in a manner consistent with law.Public workshop(s)may be held prior to the start of
the funding round and are available by request throughout the year.The program coordinator is always available
to answer questions from sponsors, applicants,and interested parties.
This funding cycle, applications will be due March 21,2025 and sponsors host site visits and present projects to
the CFFCOC in mid-March. Information about the application period is posted on the program website,
announced in local newspapers and via email,and available by contacting the program coordinator. In April,the
CFFCOC meets to rank projects,determine recommended funding levels, and compose its overall
recommendations to the Board of County Commissioners(BoCC). The BoCC typically makes award
determinations in July.Approved project funds are not generally available to project sponsors until August or
later. At least every other year,the BoCC reviews the priorities of the CFF Program and the project ranking
process.All meetings of the CFFCOC are open to the public. Citizens are encouraged to attend.
3
2025 CFF Program Manual
htto:f‘‘ww.rn jeffcrson.wa.us/560,Von;cn ation-Fulur, -Pro tiAin
2. Conservation Futures Fund Citizen Oversight Committee
The CFFCOC membership is intended to reflect a broad spectrum of interests and expertise. It includes at least
two individuals from each commissioner district and at least nine citizens total. Anyone interested in applying for
a seat on the committee is encouraged to contact the Board of County Commissioners Office
(jeffbocc@co.jefferson.wa.us) and/or the program coordinator at Public Health.
3. Project Selection
The CFFCOC scores and ranks project applications according to criteria designed to reflect the priorities
expressed in the Jefferson County Code Section 03.08.040. This evaluation process has five(5)distinct phases as
follows:
1. Final written project application: Each CFFCOC member independently reads and assesses each
application and prepares any necessary clarification questions.
2. Site visits: Each member must attend the project site visits(or view a video of the site visit).
Questions may be posed by committee members and answered during this site visit or they may be
held until the project presentations meeting.
3. Oral presentation of the project: Each sponsor and CFFCOC member attend this meeting during
which the project sponsor(s)present their project(s)and answer questions posed by the committee
members.Following the oral presentations,a deadline will be established for CFFCOC members to
submit additional questions to applicants(via county staff).After this set deadline for additional
questions,a second deadline will be established for the receipt of all answers from applicants. After
this second deadline,no further additional information may be requested,received or considered by
the committee.
4. Submission of project score sheets: Each CFFCOC member submits to the program coordinator a
form for each project consisting of questions that ask how well, in the committee member's
judgement, an applicant meets the criteria for approval and funding.The committee member assigns a
numerical"score" (within a range predetermined by the CFFCOC)for each of the questions and it is
weighted by a predetermined multiplier. Individual scores for each project are recorded in a
spreadsheet by the program coordinator. This spreadsheet is emailed to CFFCOC members as soon as
all the scores are available and entered as soon as possible ahead of the meeting to rank projects.
5. During the meeting to rank projects, CFFCOC members will have an opportunity to ask questions of
each other about scoring choices and interpretations of specific questions and may adjust their scores
as desired. Afterwards, a committee composite score for each project application is obtained by
taking the average of the individualscores. If a project application's composite score is 70%of the
total possible numerical value for a project score or greater, the project is considered automatically
worthy of funding(i.e. eligible for). Projects scoring below 70%of the total possible numerical value
for a project score are not considered for funding unless compelling reasons for funding arise in the
final evaluation phase.
6. Ranking and recommendation for funding of project applications: Each project application judged
eligible in phase#5 is discussed,bringing into focus information garnered from phases 1 through 5
and in light of current funds available to the cycle. All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project applications and
submitted to the Board of County Commissioners in a memo from the CFFCOC chair or vice chair.
4
2025 CFF Program Manual
lOp: n%v',.cu.ie1t rst n.«.t.u:;SM 1 C'*,n:.rxation-iutura•Pro_ctm
The CFFCOC must provide justification to the Commissioners for any and all changes from the
numerical ranked order.
4. Preapplication Option:
Applicants are encouraged to submit their application, complete or not,by the preapplication deadline.Doing so
allows the CFFCOC to ask more informed questions at the site visit.
5. Information Sources
The CFF Program is administered by the Commissioners'Office with assistance from Public Health.Please note
that the information contained in this manual does not supersede the statutes governing the Jefferson County
Conservation Futures Fund and Program,and should be read in conjunction with them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34(RCW 84.34)and the
Jefferson County Code(JCC 03.08).
To access RCW 84.34 online,visit https://app.leu.wa.gov/rcv.The Jefferson County Code is available online at
http://www.codepuhlishinu.com/WA/JeffersonCounty.
Contact the program coordinator at ph: 360-379-4498 or email tpokorny@co.jefferson.wa.us.
6. Reimbursement
All grants are funded by the Jefferson County Conservation Futures Fund tax levy.After a public hearing is held,
one or more project award resolutions may be passed by the Board of County Commissioners,usually in June or
July. Project agreement(s)(Appendix A)between the County and the project sponsor are then developed to
include the full scope of work as described in the original or updated application.A final draft grant deed of
conservation easement or statutory warranty deed is requested to serve as an attachment to the agreement along
with the project application and that year's program manual.
Except in the case of escrow payments,sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time,an approved settlement statement,the
qualifying property appraisal,and the required documentation of the matching contribution,CFF funds may be
made available to the title company shortly before closing for the direct costs of property acquisition.Please
discuss dates for closings with the program coordinator to help ensure that grant funds are ready and available
when needed.
The project sponsor will commit to providing a matching contribution consistent with the project application,and
no less than the amount of conservation futures funds awarded to the project,before conservation futures tax
funds are reimbursed to that sponsor.This contribution may consist of:
• cash;
• land trades if the valuation of the land to be traded is established by a valuation arising from an appraisal
generated by a Washington State Certified Licensed Appraiser(Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation futures contributions; or
• other open spaces acquired within the previous two years that are situated either directly adjacent to or
could, in the sole discretion of the county,be directly linked to the property under application.
5
2025 CFF Program Manual
hum", s V. uo.lL'1Tersun.«n.a '�(�II;Con<�r�ltion-�11(UfYS 1'n cr.rn
• cost of appraisal,title insurance, closing costs,and other miscellaneous fees(See JCC 3.08.030(5).)
Deeds and conservation easement documents must be recorded by the Jefferson County Auditor's Office within
30 days of closing.
If matching funds are not secured within three years,the project may be required to re-apply.
Language pre-approved by Jefferson County is required to be included in conservation easement documents or
statutory warranty deeds in order to ensure adequate protections for project and match properties,and the public
interest, in perpetuity.
7. Compliance with All Laws
Project sponsors shall comply fully with the project agreement,grant program policies,County policies and all
applicable federal, state and local laws,orders, regulations and permits.
8. Record Retention/Public Records Act
The project sponsor shall retain all books, records,documents,data and other materials relevant to the agreement
for a minimum of ten(10)years after the completion of the project. Documents related to the expenditure of CFF
funds, by way of example only, purchase and sale agreements, settlement documents,invoices,e-mails,expert
reports and/or appraisals, are Public Records subject to disclosure in accordance with the Public Records Act,Ch.
42.56 RCW, if requested by a citizen or entity. All meetings and activities of the CFFCOC are subject to the Open
Public Meetings Act,Ch.42.30 RCW.The public is always invited and encouraged to attend. At least two
observer comment periods are included in each agenda.
9. Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria in order to be
considered for funding. Each application will receive an initial screening to make sure that it is in compliance.
Applicants are encouraged to submit pertinent materials and documents,as appropriate, in addition to those items
required. Multi-year acquisition projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property,or property right, must be eligible for purchase as defined by state law,RCW
84. 34.210(i.e. "...protect,preserve,maintain, improve,restore, limit the future use of,or
otherwise conserve, selected open space land, farm and agricultural land, and timber
land...").
Conservation Futures funds cannot be used to acquire property,or a property right,that will
be used for active recreation purposes(including but not limited to sports fields,playgrounds,
recreation centers, swimming beaches or pools,motorized boat launches).
6
2025 CFF Program Manual
httn:"‘‘v.N1.co tclloon.%%a.usi500/Cues.n'ation-Futun•4-Prosram
_ Conservation Futures funds cannot be used for passive development of a site.For the
purposes of this application, passive improvements include,but are not limited to,trails,
interpretive centers,viewpoints,picnic areas,access,restrooms,landscaping and parking.
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts, State or federal agencies,
private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include county,municipalities,park
districts,or private non-profit corporations based in Jefferson County. A current,but not necessarily
comprehensive, list of eligible local sponsors may be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
Costs of acquiring real property, including interests in real property
Cost of related relocation of eligible occupants(includes administration)
Cost of appraisal
Cost of appraisal review
_Cost of title insurance
_Closing costs
Pro rata real estate taxes
_Recording fees
Compensating tax
Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%of the total cost of the project.)
_Related legal costs excluding the cost of preparing an application for conservation futures funds
Baseline documentation
_Boundary survey
Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or interest in real
property therein through the exercise of the power of eminent domain.
Stewardship Plan
Prior to reimbursement, sponsors must provide a stewardship plan that describes how the property,or
property right,will be maintained over time. Costs for stewardship plans are eligible for operations
and maintenance reimbursement only under"Special Reports"(not as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide updates as they
are generated. A title report and title insurance are to be issued in conjunction with the property
transaction.
Appraisals
7
2025 CFF Program Manual
Itttr:bv.VAN.C1Lle tcrsnn.v,a.usr500/Cun;oA ariun-Fulur,is-Pmurmi
Successful applicants must provide an independent appraisal(standard,narrative or M.A.I.)from a
Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at
the time that reimbursement is requested. In no case shall CFF funds dispersed exceed the grant
amount awarded by the BoCC.No appraisal is required for properties assessed at$20,000 or less.
The appraisal must:
be no more than 1 year old.A Supplemental Update by the original appraiser may be
required,at the discretion of the county, if the appraisal is more than six months old.
_ include a current Title Report provided at the time of the most current appraisal or
update.
if timber, mineral or aquatic resources are to be included as value to the appraisal,then
the appraisal shall include a separate timber, mineral or aquatic resources evaluation of
value,
Or
an opinion of value from a qualified representative of the real estate industry or recent
valuation from the Jefferson County Assessor's Office may be used when the total
assessed value does not exceed$20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CFF program.However,the CFFCOC and/or
the county may choose to select an appraisal for independent review for any reason.
Project Implementation
At the time of purchase or the signing of a"purchase and sale agreement",the appraisal must be no
more than a year old unless an extended period is requested and approved by the county,up to a total
of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted electronically as one or more PDF files to
t noko my a"i'ro.i e fl c rson.wa.us:
_ Proof of Willing Seller:A"Willing Seller"letter confirming that the current owner of the
property proposed for acquisition is willing to sell.
Estimate of Value: A county assessment, certified appraisal of value, and/or an estimate
of value from the project sponsor.
Site Location Map: On a Jefferson County base map,or on a map of the sponsoring
agency's jurisdictional boundaries,clearly identify the location of the proposed
acquisition.
_ Critical Areas Map: On a quarter section map(s)or other map(s)of sufficiently large
scale, identify the location/boundaries of any and all designated Critical Areas on the
proposed acquisition
Project Boundary Map: On a quarter-section map or other map of sufficiently large scale,
identify the boundaries of the proposed project.
Color Images: Provide six(6)different views of the property proposed for acquisition.
The images should show vegetation,terrain, waterfront,man-made features,access roads,
wetlands, unique characteristics, etc.Please include captions and an aerial view, if
available.
_ Development Plan or Narrative: Provide a schematic or master plan map of the project
site showing proposed uses and improvements, if applicable.
8
2025 CFF Program Manual
lair://wv.I4.Cu,ieffLC+,n1.' r.11.56U'C:m,<rl Anon- ur
In addition, if the application sponsor is a private non-profit organization,attachments
must also include:
_Proof of 501(c)(3)Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
Most Recent Financial Statements(audited if possible)
_Copy of minutes or resolution documenting official action to submit application for
proposed acquisition. If more than one project is submitted from the same sponsor,the
minutes or resolution should indicate the project priority and how it was determined.
10. Combination Acquisition/0 & M Projects
Projects that involve acquisition and 0&M expenses are allowed and require that complete application
information be submitted for both the acquisition and the 0&M elements of the project.
11. Operations and Maintenance Projects(combination or standalone)
Statement of Priority with regard to standalone 0&Mprojects
Due to the urgent need to protect farm, forest,habitat, and other open space lands,the current priority
of the Conservation Futures Fund program is to fund high quality acquisition projects. Operations and
Maintenance funding for completed acquisition projects may also be approved, when funding is
available.
Availability of Funds for 0&M
Only projects that are acquired using conservation futures funds are eligible for 0&M funding.
Requests for 0&M funding should not exceed the available limit(consult with program staff).
Approved disbursements for operation and maintenance of interests in real property purchased with
conservation futures tax levy monies shall not in any particular year be greater than fifteen percent
(15%)of the conservation futures tax levy monies raised in the preceding year.
Project Eligibility
Operation and Maintenance funding may be used for any property to be acquired,or previously
acquired,with Conservation Futures funds.Conservation Futures tax levy funds appropriated for 0&
M or interests in real property shall not supplant or replace any existing funding for maintenance and
operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or federal agencies,
private non-profit corporations or associations, and private individuals.
Sponsor Eligibility
9
2025 CFF Program Manual
httpw; vv..co.ictIer>on,%sa.u,.5htl/Cun.creation-Futur:;-Proiiram
All applicants must have a local sponsor. Eligible sponsors include the County,municipalities, Park
Districts, or private non-profit corporations based in Jefferson County.
Eligible Operations&Maintenance Expenditures—with acquisition request or standalone for past
projects—Total 0&M awards are limited to 15%of the revenue to the Conservation Futures Fund in the previous year.
Operations&Maintenance expenditures or match may include, but are not limited to:
_Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Demolition
Fencing(if needed for public safety or resource protection)
Noxious weed control
—S ignage
—Special site-specific reports(e.g. stewardship reports)
Wetland identification and/or delineation
Application and Attachment Requirements for 0&MProjects
All requested materials must accompany the application upon submission.If an item is irrelevant to
the project at hand,please explain why this is so.
Narrative description of how the requested funds will support specific 0&M activities;
what problems or stewardship needs will be addressed by the project;how the proposed
0&M activities will help implement the current Stewardship Plan for the site;probable
phasing of project activities;and other information that will help describe the need for
and scope of the project.
Simple budget describing how requested funds will be used and the source of matching
funds.
Site Location Map: On a Jefferson County base map,or on a map of the sponsoring
agency's jurisdictional boundaries,clearly identify the location of the proposed activities.
Project Boundary Map: On a Quarter-section map or other map of sufficiently large scale,
identify the boundaries of the proposed project.
Color Images: Provide images of portions of the property proposed for 0&M activities.
Please include captions,if available.
Plan,map,or aerial photo of the project site showing proposed areas of maintenance or
improvements, if applicable.
Copy of minutes or resolution documenting official action of project sponsor to submit
application for project funding. If more than one project is submitted from the same
sponsor,the minutes or resolution should indicate the project priority and how it was
determined.
Documentation of Match
A match contribution that equals the percentage of the project promised in the project application(no
less than 50%)must be documented with each invoice.Match guidelines are identical for acquisition
and 0&M proposals. In-kind labor cannot be used as match.An expenditure summary that provides
the following information must accompany billing:
1)Date the payment was made.
2)The vendor and/or employee to whom the payment was made.
10
2025 CFF Program Manual
httroANw ckInscnation-Futures-I'rograrn
3)A description of what was purchased or what work and/or services were performed; provide a
description of what service or work was performed for the payroll costs or by the sub-
contractor.
Reporting
Any project sponsor receiving 0&M funds is required to submit a report each December until those
funds are expended.
Application and Attachment Requirements for O&M Projects
To apply for 0&M funding for a project previously purchased using CFF Funds,use the standard
application form. In question#1, refer to the original project title and year that the project was
approved followed by"0&M Request Only". If you feel that a question is irrelevant to the project at
hand,please answer"N/A".
12. Required Site Visit
Project sponsors are asked to host the CFFCOC on project site visit(s)and, beforehand,to obtain written
permission from the landowner for a county employee to take photographs and make an unrestricted video
recording of the project area. These materials are used to inform any CFFCOC members not in attendance at the
site visit(s)due to health considerations or other needs. The images will be kept on file and discoverable under the
Open Public Records Act. If necessary, due to health and safety or other considerations,the project sponsor will
arrange for one or two County employees to tape the video in the absence of any CFFCOC members.
13. Required Meeting
The CFFCOC will meet to hear project presentations.The sponsor should attend the meeting in person, if
possible, and make a presentation that begins with an introductory project description and ideally is organized
according to the sequence of scored questions.CFFCOC members are required to participate in both the project
presentation and ranking meetings as well as the site visit(or view the site visit video)in order to be eligible to
vote on funding recommendations.
14. Annual Reports
Sponsors are required to submit an annual report by December 31sr every year from the date of award until three
years after the CF Funds are disbursed. Sponsors receiving 0&M funds will also submit an annual report for
each year that 0&M funds are expended. An annual report template is included with this manual and will be
provided to the project sponsor electronically. The progress report must address changes in the project focus or
purpose, progress in obtaining matching funding, and stewardship and maintenance, as applicable. Project
sponsors may demonstrate their long-term stewardship success or management of projects by submitting their site
inspection reports annually.
11
2025 CFF Program Manual
huv:/v, Lo.lclfrr-:un.wa us/51><)iConsarvuion-Futtir. -Pr.,^rJm
15. Additional Reporting
Five years after the final requisite annual report is submitted,sponsors should provide an update on their
stewardship and monitoring of the project. At any point subsequent to this,the CFFCOC or program staff may
also inquire as to project status.
16. Project Changes
Project sponsors are expected to implement funded projects as described in their application to the CFFCOC.
However, occasional changes may be necessary. This section describes the process by which a project sponsor
can initiate a request for change.A change occurs whenever the language contained in the application to the
Conservation Futures Fund no longer accurately or fully describes the project.
A proposed project change typically requires that the CFFCOC first develop a recommendation for the BoCC to
consider.
The CFFCOC prefers that project change requests be presented as follows:
1. Send a"letter", addressed to the CFFCOC and Board of County Commissioners, in an email to
the program coordinator describing the desired change(s)and need for it/them in as much detail
as possible. Also,characterize the level of urgency for addressing the possible change. If at all
possible,provide this information at least two weeks ahead of the next scheduled full CFFCOC
meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change(s) in a Microsoft Word version of the original Conservation
Futures Fund application, and the County/Sponsor resolution or agreement(as applicable),
using Track Changes. Label new attachments with the current date.Attach the document(s)to
the email described above.
3. When the change request is included on an agenda,the sponsor should make every effort to
attend that meeting in person or by phone/intemet.
4. If the need for change is urgent,the Chair may call a special,ad hoc,meeting. However,such a
meeting requires that a quorum of CFFCOC members is available to approve any
recommendation to the BoCC.
5. The following change requests are considered particularly significant, and always require
CFFCOC review and recommendation to the BoCC:
a. Parcel substitution or removal
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
e. Change in funding category(acquisition and/or 0&M)
The CFFCOC shall:
1. Review the request for change and ask questions of the project sponsor, as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote, consistent with the bylaws,on a motion to accomplish one or more of the
following:
a. Draft a statement to recommend the change for approval by the BoCC in its current
form.
b. Ask the project sponsor to revise and resubmit the change request for a future meeting.
c. Reject the change and submit a statement to the BoCC to accompany the request.
12
2025 CFF Program Manual
Into.''\VV'\\.co.jcfler..on V. u, -i.OlCnnti:!TA rm-I atoms-Prorrmt
Staff shall:
1. Work with the project sponsor and CFFCOC chair to refine or clarify the change request
ahead of its presentation at the next CFFCOC meeting,as needed.
2. Forward the change request and CFFCOC recommendations to the BoCC for final
determination at a regularly scheduled meeting.
3. Work with the CFFCOC,and sub-committee(s)as applicable,to learn from the change and
determine if related updates to program materials are needed.
17. Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the CFFCOC by letter or
email via the program coordinator at the contact information on page 3.Every CFFCOC meeting also includes at
least two public comment periods.Meeting agendas are posted on the program website.
13
2025 CFF Program Manual
hltp:" v.v. 0, jLlicr.,,n. .a.w.560/Con,.notion-Futures-I'rn•,r.tm
APPENDIX A
GRANT AGREEMENT TEMPLATE FOR FEE SIMPLE ACQUISITIONS
(INFORMATIONAL ONLY)
Please Note: Contact program coordinator to request the template for conservation easements.
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: [SPONSOR(UB1 Number: xxx xxx xxx)]
Project Title: [PROJECT]
Contract Number: [xxxxxxx]
Approval: [Resolution No.]
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into
between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor),
[ADDRESS].
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County
Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No.
[NUMBER].
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
[SPONSOR] shall implement a Conservation Futures Program project to acquire in fee simple title [NUMBER] via
a statutory warranty deed of the parcels of land known in the records of the Jefferson County Assessor as APN#(s)
[NUMBERS](the Property),and as described in the[YEAR]Conservation Futures project application for[NAME]
(Exhibit B) and [YEAR] Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution
[NUMBER] (Exhibit D). The statutory warranty deed shall prevent subdivision while allowing for native forest
management and habitat protections, or as described in the project application. Language must be included in the
statutory warranty deed to protect the County's interests and conservation values, including, at a minimum, the
following:
Grantee's costs of acquiring the Property were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of the statutory warranty deed, and to
obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby.
14
2025 CFF Program Manual
http: v :.t s 5(I1 Conscrv.tion-I.utures-Procr:un
Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless
and only if other equivalent lands or interest in lands within Jefferson County are received by
Grantee in exchange.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on DATE and end on DATE unless proof of
match is provided prior to this date. Work performed consistent with this Agreement during its term,but prior to
the adoption of this Agreement, is hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31 St until three years
after the acquisition funds are dispersed and in each year 0&M funds are used.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed $xxxx. The
Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of the
Project.The Sponsor shall be responsible for no less than fifty(50%)percent of the total Project cost and all Project
costs in excess of$xxxxxx.The contribution by the Sponsor toward work on the Project shall be as indicated below.
The contribution by the Conservation Futures Fund toward work on the Project is described immediately above and
in"C"above.
Acquisition 0& M Totals % Match
[PROJECT $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
NAME]—
Conservation
Futures
Estimated Project $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Sponsor
Contribution
Estimated Total $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Project Cost
9. Unexpended Project Allocations
Should unexpected Project allocations, including(but not limited to) project completion at less than the estimated
cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall notify the County within 30
days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except
as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall be effective
unless provided in writing.All such alterations,except those concerning the period of performance,must be signed
by both parties. Period of performance extensions need only be signed by Jefferson Board of County
Commissioners.
15
2025 CFF Program Manual
http:,;/was\‘.co.iriICr?Un.N.t.tl$r5r)tl/C attun-Futures-f n'grlm
11. Indemnification
a. For its comparative liability, each party agrees to indemnify, defend and hold the other
party, its officers, officials, employees, agents and volunteers (and their marital
communities), harmless from and against any claims, damages, losses and expenses,
including but not limited to court costs, attorney's fees and alternative dispute resolution
costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property (including the loss of use resulting therefrom)
which are alleged or proven to be caused by an act or omission, negligent or otherwise,of
its officers, officials, employees, agents or volunteers (and their marital communities).
b. A party shall not be required to indemnify, defend, or hold the other party or its officers,
officials,employees, agents and volunteers(and their marital communities)harmless if the
claim, damage, loss or expense for personal injury, for any bodily injury, sickness,disease
or death or for any damage to or destruction of any property (including the loss of use
resulting therefrom) is caused by the sole act or omission of the other party or its officers,
officials, employees, agents or volunteers.
c. If any concurrent act occurs or omission of the parties and their officers, officials,
employees,agents and volunteers,negligent or otherwise,these indemnity provisions shall
be valid and enforceable only for the comparative liability of each party and its officers,
officials, employees, agents or volunteers.
d. The parties agree to maintain a consolidated defense to claims made against them and to
reserve all indemnity claims against each other until after liability to the claimant and
damages are adjudicated. If any claim is resolved by voluntary settlement and the parties
cannot agree upon apportionment of damages and defense costs, they shall submit
apportionment to binding arbitration.
e. The indemnification obligations of the parties shall not be limited by the Washington State
Industrial Insurance Act, Title 51 RCW, or by application of any other workmen's
compensation act,disability benefit act or other employee benefit act.Each party expressly
waives any immunity afforded by such acts to the extent required by a party's obligations
to indemnify, defend and hold harmless the other party, its officers, officials, employees,
agents and volunteers (and their marital communities).A party's waiver of immunity does
not extend to claims made by its own employees directly against that party as employer.
The indemnity provisions of this section are a material inducement to enter into this
Agreement and have been mutually negotiated. This section shall survive the expiration or
termination of this Agreement.
12. Insurance
Prior to commencing work, the Contractor shall obtain at its own cost and expense the following
insurance coverage specified below and shall keep such coverage in force during the terms of the
Agreement.
16
2025 CFF Program Manual
hurl:,V.%1 lerson.•.ti.,.u- ';o1I'Conservation-Fulures-PrtinrJm
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Contractor's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired
automobiles; and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000)per occurrence and an aggregate of not less than two(2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for products
and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional liability
insurance against legal liability arising out of activity related to the performance of this
Agreement, on a form acceptable to Jefferson County Risk Management in the amounts
of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional
liability insurance policy should be on an "occurrence" form. If the professional liability
policy is"claims made,"then an extended reporting periods coverage (tail coverage)
shall be purchased for three (3)years after the end of this Agreement, at the Contractor's
sole expense. The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three (3)years.
d. The County shall be named as an"additional named insured"under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a)The limits of coverage; (b)The project name to
which it applies; (c) The certificate holder as Jefferson County, Washington and its
elected officials, officers, and employees with the address of Jefferson County Public
17
2025 CFF Program Manual
http://x‘wv..cn.ietti:Non.w.Lus/560 Cunien,ati.on-Futurr--Pro_r:nn
Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement that the
insurance policy shall not be canceled or allowed to expire except on thirty(30) days
prior written notice to the County. If the proof of insurance or certificate indicating the
County is an"additional insured"to a policy obtained by the Contractor refers to an
endorsement(by number or name) but does not provide the full text of that endorsement,
then it shall be the obligation of the Contractor to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this
Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not relieve
the Contractor from any liability under the Agreement,nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies,with the exception of Professional Liability
Insurance, so affected shall protect both parties and be primary coverage for all losses
covered by the above described insurance.
Insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and be at
the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County,the
insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Insurance companies issuing the Contractor's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and agencies)for
payment of any premiums or for assessments under any form of insurance policy.
m. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof,may be withheld from payment due,
or to become due, to the Contractor until the Contractor shall furnish additional security
covering such judgment as may be determined by the County.
n. Any coverage for third party liability claims provided to the County by a"Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Contractor must provide in order to comply with this Agreement.
18
2025 CFF Program Manual
http://v, co-jLtiersun.«a.us'5t'O(.unsenation-ruturrs-Pru,ram
o. The County may, upon the Contractor's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
r. The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
s. The Contractor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
u. The Contractor shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All the
insurance policies required by this Agreement shall provide that thirty (30) days prior to
cancellation, suspension, reduction or material change in the policy, notice of same shall
be given to the Jefferson County Public Health Contracts Manager by registered mail,
return receipt requested.
v. The Contractor shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-,with the
exception that excess and umbrella coverage used to meet the requirements for limits of
liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the
State of Washington.
w. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
13. Workers Compensation (Industrial Insurance)
a. If and only if the Contractor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,partners,
owners or shareholders of the Contractor,the Contractor shall maintain workers
compensation insurance at its own expense, as required by Title 51 RCW, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Public
Health, upon request.
19
2025 CFF Program Manual
hltp: `\\ %% CO lel1:r,UfLV..1.u,"`ht C•/1i..421%ali'r-Fun mnnm
b. Workers compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction that would otherwise be applicable
in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from the Contractor.
14. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The
Sponsor is not as an agent,an employee or a servant of the County. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the parties.The Sponsor specifically has the right to
direct and control Contractor's own activities and over all of its subcontractors, employees, agents and
representatives in providing the agreed services in accordance with the specifications set out in this Agreement.
Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by virtue
of the services provided under this Agreement. The County shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Sponsor,or any employee of Sponsor. The Sponsor
agrees to file all necessary governmental documents, including appropriate tax returns,reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
15. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
16. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in connection with the
services rendered under this Agreement shall be the property of the Sponsor whether the project for which they are
made is executed or not.The County shall be permitted to retain copies,including reproducible copies,of drawings
and specifications for information, reference, and use in connection with the Sponsor's endeavors.
17. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including RCW 84.34.210, and published agency policies,which are incorporated into this Agreement
by this reference as if fully set forth.
20
2025 CFF Program Manual
httr -v,Av«.co ieftcr.an.v.a.u;�hIN( m,arcati n-Funires-Pmeram
18. No Harassment of Discrimination
Any form of harassment,discrimination,or improper fraternization with any County employee is strictly prohibited.
The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual
orientation, or the presence of any physical or sensory disability in the selection and retention of employees or
procurement of materials or supplies.
19. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the services rendered
including all books, records, documents, receipts, invoices, and all other evidence of accounting procedures and
practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the
performance of this Agreement. The Sponsor's records and accounts pertaining to this Agreement are to be kept
available for inspection by the Office of the State Auditor,federal auditors,the Jefferson County Auditor,and any
persons duly authorized by the County shall have full access and the right to examine any of these materials during
this period for a period of ten (10)years after the date of the final payment to Sponsor. If any litigation, claim or
audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,
or audit findings involving the records have been resolved. Copies shall be made available upon request. Records
and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the
property of the furnishing party,unless otherwise agreed.
20. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting, and
registration requirement/standards necessary for the performance of this Agreement.
21. Disputes
Except as otherwise provided in this Agreement,when a bona fide dispute arises between Jefferson County and the
Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator agreed upon by the
parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior Court.
Either party's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties; and,
c. the Sponsor's name, address and agency contact number.
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public
Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party
received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute
resolution is used. The parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,subject
to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attomey's
fees.
21
2025 CFF Program Manual
lute:;%tin..ro.icucnun,..i.us 5o0/Conservation-FuturdYProarain
22. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,federal,or other sources
are withdrawn,reduced, or limited in any way after the effective date of this Agreement.
23. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten(10)days written notice to the
Sponsor.
24. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this
Agreement without the express written consent of the County.
25. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall
not constitute a waiver of any other provision.
No consent by either party to,or waiver of, a breach by either party,whether express or implied, shall constitute a
consent to,waiver of, or excuse of any other,different,or subsequent breach by either party.
No term or provision of this Agreement shall be considered waived by either party,and no breach excused by either
party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted.
Failure of a party to declare any breach or default immediately upon the occurrence thereof,or delay in taking any
action in connection with,shall not waive such breach or default.
26. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law, to determine if
Sponsor is complying with all applicable statutes,rules,codes ordinances or permits.
27. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to:
Sponsor Contact Conservation Futures Fund Program Contact
Tami Pokorny
Jefferson County Environmental Public Health—
Conservation Futures Fund
615 Sheridan Street
Port Townsend,WA 98368
(360)379-4498
tpokorny@co.jefferson.wa.us
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
22
2025 CFF Program Manual
l:up:',w‘u.co.lelferson.wa.us Snn;Con>en.ninn-rwures-I'rorr.uu
28. Entire Agreement
This Agreement,along with all attachments,constitutes the entire agreement of the parties.No other understandings,
oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
29. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement
or the application of this Agreement to any person or circumstance shall be invalid,illegal,or unenforceable to any
extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be
enforceable to the fullest extent permitted by law.
30. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall
survive the term of this Agreement. Without limiting the generality of the preceding sentence,and for the avoidance
of doubt,the provisions that survive the term of this agreement include:(a)controlling law; (b)insurance; and, (c)
indemnification.
31. Binding on Successors,Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties'successors in interest,heirs and assigns.
32. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this
Agreement is for the benefit of any person or entity who is not a party.
33. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all
of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one
counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of
this Agreement,so long as all the parties execute a counterpart of this Agreement.
34. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures.
35. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary,to the extent any record,including any electronic,
audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington
Public Records Act, Chapter 42.56 RCW (as may be amended), the Sponsor agrees to maintain all records
constituting public records and to produce or assist the County in producing such records, within the time frames
and parameters set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two
business days,notify the County by providing a copy of the request per the notice provisions of this Agreement.
This Agreement, once executed, shall be a"public record" subject to production to a third party if it is requested
pursuant to the Washington Public Records Act.
23
2025 CFF Program Manual
httn:: tiwu.c:.µticnnn : .0 %jrdt l.n<crc.Won-I•uture -Program
36. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
37. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington.This Agreement shall be
governed by and construed in accordance with the laws of the United States,the State of Washington and the County
of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County,
Washington between Jefferson County residents. No party shall argue or assert that any state law other than
Washington law applies to the governance or construction of this Agreement.
38. Order of Precedence.
If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and
rules; (b)local laws and rules; and, (c)case law.
39. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement,if such failure arises out
of causes beyond a party's control and without fault or negligence of such party, including but not limited to; (a)
acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine
restrictions.
40. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement.
41. Representations and Warranties
The parties represent and warrant that: (a)Each person signing this Agreement is fully authorized to enter into this
Agreement on behalf of the party for whom signature is being made;(b)Each party that is a corporate entity is duly
organized and validly existing in good standing under the laws of one of the states of the United States of America;
(c)The making and performance of this Agreement will not violate any provision of law or of any party's articles
of incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and internal legal
actions to duly approve the making and performance of this Agreement and that no further corporate or other internal
approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this
Agreement, that the terms of this Agreement are contractual and not merely recitals,and that they have signed this
Agreement,having obtained the advice of legal counsel.
DATED this day of ,20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
24
2025 CFF Program Manual
hup:rh.«�..co.i.firr>.,n.v'.a.1v'5r '(onscrvatiun-I.utures-Pro,•rani
JEFFERSON COUNTY WASHINGTON [SPONSOR'
Board of County Commissioners
Jefferson County,Washington
By:
By: Signature
[Commissioner I]
Name:
By: Title:
[Commissioner 2]
Date:
By:
[Commissioner 3]
SEAL:
ATTEST:
Carolyn Galloway,CMC Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
25
2025 CFF Program Manual
hllpl w�,w�,>.leif_rsnn,tia.t' >tdl,l nncena ion-Futurs-Pr r,un
APPENDIX A(to the agreement template)
Scope of Work
[SPONSOR], as project sponsor"Sponsor", will perform the following tasks in order to implement the
[PROJECT]:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than [xx percent (xx%)] of the total project
cost.The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s)of no less than [xx%] of the total project cost.
Task 2: Acquire Statutory Warranty Deed
Sponsor shall acquire a statutory warranty deed grant deed on the Property that incorporates approved Conservation
Futures Program language, including the language in item"C"of this Agreement.
Deliverable 2a: Final draft statutory warranty deed.
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1).
Deliverable 2c: Recorded statutory warranty deed for subject parcels.
Deliverable 2d: Recorded statutory warranty deed(s)for match parcel(s),as applicable.
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D" of this Agreement and submit required
reports to the Conservation Futures Citizen Oversight Committee(through staff) in the format provided for each
year that it is required.
Deliverable 4a: Completed annual reports.
26
2025 CFF Program Manual
hap. 1.7(..idli.1,011.V6 a.kio5c,t)Cott°ervatinn-Futures-PmRnm
Exhibit A
Final Draft Statutory Warranty Deeds
Exhibit B
[202x] Conservation Futures Fund [PROJECT]
Exhibit C
[202x] Conservation Futures Fund Program Manual
Exhibit D
Resolution No. [NUMBER]
End Fee Simple Informational Template
27
2025 CFF Program Manual
http::`«,‘t%.00.Jc .t.ii. t 11( 0i011-Futures-Procir11n
APPENDIX B
APPROVED PROJECTS MAP
. ,_ Conservation Futures
_ � Jefferson County,Washington
gl
•1- `_ - �--d2, V�
+ � i -�
�\ 1 `+ ,t 1-�_ it -1 1 i l���i.
) Li ,I..
r
t _ it. fJ � I ! t;-
'-..= ---.---1 )". -- - b
�'.ttY,/ � i -- - t '1l �- I AI _ \ _Z) \ r7,
nwr„ii.. .77.= lip 7/i
• . in r 1 ' a; F - ; 1� •.
•
1 r f 1 `
`"+ J ate: .a
1 - -
3 I !
, 1 t.../ i I . .4/./.0 i......Mg ••••••••••••••II•
•
28
2025 CFF Program Manual
htto://www.co.ieffcrson.wa.us/560/Conservation-Futures-Prozram
APPENDIX C
ANNUAL REPORT FORM TEMPLATE
Jefferson County Conservation Futures Program
Annual Project Reporting Form TEMPLATE
Project Name:
Project Objectives:
Parcel Number(s):
Total Acreage:
Month and year that CFF funding was awarded:
Amount of CFF award:
❑ Easement
Title:
Grantor:
Grantee:
Date of Acquisition:
Purchase price:
E Fee Simple
Seller:
Date of Acquisition:
Purchase price:
Entity responsible for stewardship:
Plans or agreements pertaining to this acquisition:
O&M funds received since acquisition(list by year):
Existing and on-going activities and projects (for each 0& M activity that has occurred since October 1 of the
previous year,please provide supporting documentation):
New events, activities,projects(for each 0&M activity that has occurred since October 1 of the previous year,
please provide supporting documentation):
Needs and challenges:
General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature Date
29
2025 CFF Program Manual
hap."v v‘v..Co.jeifersun.v, its 5h0Pf'.,11servaliom-Puturc.-I'ro+ram
APPENDIX D
DEFINITIONS
"Conservation Futures Fund Citizen Oversight Committee"means the Jefferson County conservation futures
fund citizen oversight committee established under this chapter.
"Conservation Futures Fund"means the Jefferson County conservation futures fund established under this
chapter.
"Conservation futures tax levy" means that Jefferson County tax levy upon all taxable property in Jefferson
County authorized by RCW ,-.34.23G.
"County"means Jefferson County and/or its Conservation Futures Fund citizen oversight committee.
"Cultural resources"means archeological and historic sites and artifacts,and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW.
"Open space land"means the fee simple or any lesser interest or development right with respect to real property
including, but not limited to,conservation futures, easements, covenants or other contractual rights necessary to
protect,preserve, maintain,improve,restore, limit the future use of or conserve selected open space land,farm
and agricultural land and timber land (as those terms are defined in Chapter RCW).
"Project"means open space land, or any lesser interest or development right in specific real property,to which
Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined
under this chapter. [Ord. 1-14 § 1; Ord.6-02 § 1]
"Silviculture"means the practice of controlling the establishment, growth,composition,health,and quality of
forests for the production of forest products.
30
2025 CFF Program Manual
11110:ihAA v..co.icffcrson.«a.u,!>t,n'C onsun ttiun-Futur_s-Nr„u.im
APPENDIX E
2025 PROGRAM CALENDAR
WE February 19, 2025 4pm—6pm Past Projects Review Meeting
FR February 28, 2025 Preapplications due
TU March 11, 2025 9am—5pm Site visits rain or shine (alternatively by video)
FR March 21, 2025 by midnight—Final project applications due to staff from applicants (email only)
TU April 1, 2025 2pm-5pm (new timeframe—shorter if fewer projects)—Final project interviews—
Hybrid—In person location TBD
TU April 8, 2025 Deadline for additional questions for applicants (through staff)
TU April 15, 2025 Deadline for applicants to respond to questions(through staff)
FR April 18, 2025 (somewhat flexible deadline)Provide scores to staff
TU April 22, 2025 2pm-5pm (shorter if fewer projects)—Score, Rank and Recommend Meeting—
Hybrid—In person location TBD
May/June—Presentation of Recommendations to BoCC
31
2025 CFF Program Manual
hup:!!‘‘ww.co.ietior.onA%:us con/Conservation-I ururr—Proer.rm
Exhibit D
Resolution No. 47-0721-25 R
Upper Yarr Creek Protection Project 16
STATE OF WASHINGTON
County of Jefferson
In the Matter of Dedicating Conservation Futures
Funds to the Upper Yarr Creek Protection RESOLUTION NO.47-0721-25R
Project as Authorized by and in Accordance with
Jefferson County Code (JCC) Chapter 3.08 to
Provide a System of Open Spaces
WHEREAS, Conservation Futures Fund tax levy collections, authorized under RCW 84.34.230, are an
important means of retaining community character and accomplishing the open space policies and objectives of
the Jefferson County Comprehensive Plan that encourage the coordinated acquisition of key open space lands for
long-term protection;and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and RCW 84.34.220 to acquire open
space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Fund Citizen Oversight Committee has reviewed project
applications for 2025 and made its funding recommendations to the Board of County Commissioners in
accordance with chapter 3.08 JCC; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures Fund Program,
Northwest Watershed Institute,as project sponsor,requests funding towards reimbursement for acquisition of one
(1)parcel of land in S29 T28N R1W with Assessor's Parcel Number 801293003;and
WHEREAS, the County retains enough developable land to accommodate the Upper Yarr Creek
Protection project as well as the housing and employment growth that it is expected to receive,thus satisfying the
requirement of RCW 84.34.240(3); and
WHEREAS, Jefferson County considers it in the best public interest to contribute financially to this open
space project;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,STATE OF WASHINGTON:
Section 1. Whereas Clauses Adopted as Findings of Fact. The Jefferson County Board of Commissioners hereby
adopts the above"Whereas"clauses as Findings of Fact.
Section 2. Dedication of Acquisition Funds Approved. Jefferson County hereby dedicates up to $26,000 in
Conservation Futures funds towards reimbursement of eligible acquisition expenses for the Upper Yarr Creek
Protection project. Funding is contingent upon presentation of a matching contribution of at least fifty percent
(50%). The sponsor anticipates that the matching contribution will be fifty percent(50%) at the time of project
completion.
Section 3. Nullification. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the acquisition,is not received from the
sponsor within three years of the signing of this resolution.
Section 4. Sevcrahility. If any section, subsection,sentence,clause,or phrase of this resolution or its application
to any person or circumstance is held invalid,the remainder of this resolution or its application to other persons
or circumstances shall be fully valid and shall not be affected.
Section 5. Effective Date. This resolution is effective upon adoption.
Section 6. SEPA Categorical Exemption. This resolution is categorically exempt from the State Environmental
Policy Act under WAC 197-I 1-800(19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 2 of 3
APPROVED AND ADOPTED this 2- day of J �) 2025.
JEI: :ERSON COUNTY
:•1:+:ur:ar RO RD OF Cl LINTY COMMISSIONERS
�y. rr
SEAL: ..0" f r:1RSO4r'�"+,,; ��,
ar )'• ' 'v1Ai 0 '
�A. •tit SSj.. O
F '0 y•,• 61 I i F. nhour,Chair
•
a: Att�•. :' c Q heron.Member
\42
''''
�ASHIN
N4MrwsaaM e E idley-Nollette,Member
,I
ATTEST. , APPR VE1)AS TO FORM:
- 1. <;LV / ^4. 7/7(/c Z,_,L - ........_____
Caroly ( allaway, Date . Philip C. Hunsucker. Date C .. vS
I e3ily ' erk of the Board Chief Civil Deputy Prosecuting Atuun
Page 3 of 3