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HomeMy WebLinkAboutCONSENT Quimper Land Trust Transfer 615 Sheridan Street en n Port Townsend, WA 98368 U www.JeffersonCountyPublicHealth.org Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager, Environmental Public Health Tami Pokorny, Natural Resources Program Manager DATE: i ((7 (2 SUBJECT: Jefferson Land Trust: Quimper Land Trust Transfer, Conservation Futures Fund Grant Agreement September 1, 2021—September 1, 2031; $5,500 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests approval of the Quimper Land Trust Transfer Project Conservation Futures Fund Grant Agreement to reimburse for operations and maintenance expenses; September 1, 2021—September 1, 2031; $5,500. ANALYSIS: This project was approved for Conservation Futures funding by Resolution 35-22 on August 1st, 2022. The resolution grants funding to reimburse Jefferson Land Trust for up to fifty percent of its operations and maintenance expenses incurred while caring for four parcels of previously State-owned Trust Lands acquired by Jefferson County from Washington State, in part with Conservation Futures funds, in February 2024. 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 on the Quimper Land Trust Transfer Project Conservation Futures Fund Grant Agreement with Jefferson Land Trust to reimburse for operations and maintenance expenses; September 1, 2021—September 1, 2031; $5,500. REVIEWED BY: %LK1 ( 2Peters, County Administrator Dat 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 EH-25-036 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson Land Trust Contract No: EH-25-036 Contract For: Conservation Futures Fund Grant Agmt Term: 9/1/2021 - 9/1/2031 COUNTY DEPARTMENT: Environmental Health Contact Person: Tami Pokorny Contact Phone: x498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: $5,500 PROCESS: — Exempt from Bid Process Revenue: _ Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds . Vendor List Bid Fund # RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP E W I� 5.( AND CHAPTER 42.23 RCW. CERTIFIED: ■ N/A:[ July 21, 2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT B +EN DEB. ED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: July 21, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/24/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/24/2025. Based on standard County PSA form. 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 PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: Jefferson Land Trust(UBI Number 601 173 681) Project Title: Quimper Trust Land Transfer Contract Number: EH-25-036 Approval: Resolution No. 35 —22 1. Parties to this Agreement This Jefferson County Conservation Futures Fund Program Grant Agreement(this Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence 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. 35 -22. 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 remaining elements of the 2022 Quimper Trust Land Transfer Conservation Futures Fund project to acquire fee title to, and permanent open space protection for, certain State-owned Trust Lands previously leased by Jefferson County and to perform operations and maintenance-related activities. The properties are known in the records of the Jefferson County Assessor as APN#s 101324001, 101323004, 999007201 and 101333002 and originally described in the 2022 Conservation Futures Fund project application for the Quimper Trust Land Transfer Project (Exhibit A) and 2022 Conservation Futures Program Manual (Exhibit B), and as authorized by Resolution No. 35 - 22 (Exhibit C). The properties were acquired by Jefferson County via Quitclaim Deeds on June 6, 2023 (Exhibit D) and will be protected in perpetuity as open space by Deeds of Right held by Jefferson Land Trust (Exhibit E) and managed according to Stewardship Plans (Exhibit F) and in accordance with a Stewardship Agreement (Exhibit G). The deed of right shall prevent subdivision while allowing for forest management and habitat protections. The following language must be included in the deed of right to protect the County's interests and conservation values: EH-25-036 Grantee was the project sponsor on the acquisition of the Quimper East property and the Quimper West property from the State of Washington Department of Natural Resources. Pursuant to Chapter 3.08 JCC, Grantee pledged a match of at least 50% of the funds necessary to acquire the properties, with Grantor using conservation futures funds from property taxes collected pursuant to RCW 84.34.230. This Deed of Right is effective upon signature. Pursuant to Chapter 84.34 RCW, Chapter 3.08 JCC, and the requirement in Section 3.02 of the options under which the properties were acquired, a deed restriction is required for the uses of the properties in perpetuity to fish and wildlife habitat, open space, or recreation use. This Deed of Right is intended to fulfill this deed restriction requirement. Grantor and Grantee hereby agree to be bound by JCC 3.08.030(9), the uses authorized under RCW 84.34.230, and the limitations in Section 3.02 of the option to purchase, including the obligation to ensure the long-term conservation of the Quimper East property and the Quimper West property. Consistent with JCC 3.08.030(9), the Quimper East property and the Quimper West 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 in exchange. 6. Period of Performance The Project reimbursement period for expenses shall begin on September 1, 2021 and end on September 1, 2031. 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' until three years after the acquisition funds are dispersed and in each year that operations and maintenance funds are expended up to a maximum of ten years from that award date. 8. Project Funding The total grant award provided by the Conservation Futures Fund for operations and maintenance activities shall not exceed$5,500. The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of operations and maintenance of the identified parcels. The Sponsor shall be responsible for at least fifty (50%) percent of the total operations and maintenance project cost and all project costs in excess of $11,000. The contribution by each party toward work on the Project shall be as indicated below. Quimper Trust Land Transfer Project(2022) 2 Quimper Trust 0 & M Est. % Match Land Transfer Estimated $5.500 50 Conservation Futures Fund Contribution Estimated $5,500 50 Project Sponsor Contribution Estimated Total $1 1.000 100% Project Cost 9. Unexpended Project Allocations Should unexpended 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. 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 or volunteers, 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 51 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: Quimper Trust Land Transfer Project(2022) 3 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; 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. Quimper Trust Land Transfer Project(2022) 4 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. 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. 48.62 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 Quimper Trust Land Transfer Project(2022) 5 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 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 Quimper Trust Land Transfer Project(2022) 6 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 parry'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 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. Quimper Trust Land Transfer Project(2022) 7 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. 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 Program Contact Sarah Spaeth, Director of Conservation Tami Pokorny,Natural Resources Program Jefferson Land Trust Coordinator 1033 Lawrence St. Jefferson County Public Health Port Townsend, WA 98368 615 Sheridan Street Ph: 360-379-9501 ext. 101 Port Townsend, WA 98368 Email: sspaeth@saveland.org Ph: 360-379-4498 Email: 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. 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. Quimper Trust Land Transfer Project(2022) 8 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. 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 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. Quimper Trust Land Transfer Project(2022) 9 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. 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 Quimper Trust Land Transfer Project(2022) 10 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. APPROVED this day of , 20 (SIGNATURES FOLLOW ON THE NEXT PAGE) Quimper Trust Land Transfer Project(2022) 11 JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST Board of County Commissioners Jefferson County, Washington By: By: Heidi Eisenhour, Chair Signature By: Name: Greg Brotherton, Commissioner Title: By: Date: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Gallaway, Clerk of the Board Approved as to form only: C July 24,2025 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Quimper Trust Land Transfer Project(2022) 12 APPENDIX A Scope of Work Jefferson Land Trust, as project sponsor("Sponsor"), will perform the following tasks in order to implement the Quimper Trust Land Transfer Project: Task 1: Acquire Matching Contribution Sponsor shall secure the necessary matching contribution of no less than fifty percent (50%) of the total cost for operations and maintenance-related activities. 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 the total project cost for operations and maintenance-related activities. Deliverable la: Invoice detailing operations and maintenance activities performed, costs incurred by the Sponsor, and backup materials. Due: Annually Task 2: Acquire Deed of Right Sponsor shall work with the County to finalize a deed of right to the Sponsor for each of the subject parcels, APN#(s) 101324001, 101323004, 999007201 and 101333002 that incorporates approved Conservation Futures Program language. Deliverable 2a: Final draft deed of right Due: Upon signature Task 3: Complete Management Plans Sponsor shall provide complete plans for management(also referred to as the stewardship plans). Deliverable 3a: Complete management plans Due: Within 150 days of the execution of this Agreement Task 4: Stewardship Agreement Sponsor shall work with County to draft an updated Stewardship Agreement for the Sponsor to implement the completed management plans. Deliverable 4a: Final draft stewardship agreement Due: Within 150 days of the execution of this Agreement Task 4: Annual Reporting Quimper Trust Land Transfer Project(2022) 13 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 4a: Completed annual reports as required Quimper Trust Land Transfer Project(2022) 14 Exhibit A 2022 Conservation Futures Quimper Trust Land Transfer Project Application Quimper Trust Land Transfer Project(2022) 15 ���SON `be,�� 2022 Jefferson County Conservation Futures Program .< Property Acquisition Project and/or V Operations and Maintenance Project Application 9'ItINGAG 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 379-4498 or tpokornyPco.iefferson.wa.us with questions. Background and Eligibility Information 1. Project Title Ouimper Trust Land Transfer 2. Conservation Futures Acquisition Request: $199,500 Conservation Futures O&M Request: $5,500 3. Total Conservation Futures Request: $205,000 4. Please indicate the type of interest contemplated in the acquisition process. X Warranty Deed _Easement _Other(Please describe below.) In whose name will the property title be held after acquisition?Jefferson County 5. Applicant Information Name of Applicant or Organization: Jefferson County Contact: N/A Title: N/A Address: N/A Phone: ( ) - ,ext. Fax: ( ) - , ext. Email: N/A 6. Sponsor Information: (if different than applicant) Organization Name: Jefferson Land Trust Contact: Sarah Spaeth Title: Director of Conservation&Strategic Partnerships Address: 1033 Lawrence St. Port Townsend,WA 98368 Phone:(360)379-9501,ext. 101 Fax: ( ) - ,ext. Email: sspaethOsaveland.org This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.) on March 15,2022. 1 2022 CF Application—Quimper Trust Land Transfer 7. Project Location Street Address or Description of Location: "Quimper West"&"Baby Quimper":North Jacob Miller Road (across from Stillpoint Lane). Port Townsend, WA "Quimper East": Elmira St(at Lanes End Lane). Port Townsend,WA Driving Directions from Port Townsend: Quimper West:From Port Townsend,head west on Hastings Ave and then turn right onto North Jacob Miller Road.Travel approximately 3/4mile to the driveway entrance(old forestry gate approx.50 ft into driveway). Baby Quimper: From Port Townsend,head west on Hastings Ave and then turn right onto North Jacob Miller Road.Travel approximately 3/4miles-it lies about 350 feet east of the larger Quimper West property(across North Jacob Miller Rd.). Quimper East: From Port Townsend,head west on Hastings Ave and then turn right onto Cook Avenue. Travel approximately.6 miles,turn left onto Elmira St.and travel to the end of the road.The property is on the left side of the road. Section: 32(Quimper West&Baby);Section 33(Quimper East) Township: 31 Range: 1W Assessor's Parcel Number(s): Quimper West-101324001&101323004 Baby Quimper-999007201 Quimper East-101333002 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. All parcels are currently owned by Washington Department of Natural Resources(DNR),leased by Jefferson County.All the parcels will be fully transferred to Jefferson County with the help of CF funds. Please list the assessed values for each property or APN, as applicable. These State-owned properties are not assessed for tax values by Jefferson County. At the time that the lease was initiated in 2009,the fee-simple value of the properties was$1,585,000,with the remaining value after the lease payment$228,800.Given current real estate property trends,Jefferson Land Trusts expects that the value will likely have doubled over the last 13 years. 8. Existing Conditions New Site: Yes No Number of Parcels: Four(4) Addition to Existing Site: Yes No Acres to Be Acquired: 107 Total Project Acreage(if different): 138 acres in the Quimper Wildlife Corridor permanently protected to date by Jefferson County,City of Port Townsend,and Jefferson Land Trust. 2 2022 CF Application—Quimper Trust Land Transfer Current Zoning: Rural Residential 1:20;currently under DNR Managed Timberlands. Existing Structures/Facilities: None Any current covenants,easements or restrictions on land use: 50-year lease by Jefferson County under the DNR Trust Land Transfer program. Current Use:_Leased by Jefferson County for fish and wildlife habitat,open space,or recreation uses. Waterfront (name of body of water): None Shoreline(linear feet): None Owner Tidelands/Shorelands:_N/A 9. Current Property Owner X is _is not a willing seller. From the Lease between DNR and Jefferson County:"3.02 Option to Purchase the Remainder of the Fee Interest. At any time during this Lease,Lessee may request to purchase the residual value of the fee interest by submitting an offer to accept a land transfer that contains the terms and conditions of the offer..." Project Description 10. In 1,000 words or less,provide a summary description of the project,the match,overarching goal,and three top objectives. Include information about the physical characteristics of the site that is proposed for acquisition with Conservation Futures 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. Jefferson Land Trust is sponsoring this application on behalf of Jefferson County to transfer the fee-simple ownership of three properties owned by the Washington Department of Natural Resources(DNR)to Jefferson County ownership.These parcels are located in the Quimper Wildlife Corridor—just outside of the Port Townsend city limits—identified as three distinct properties nearby each other.These properties are commonly referred to as"Quimper West"(78.8 acres),"Quimper East" (27.5 acres),and"Baby Quimper" (0.83 acres),107 acres in total. In 2008,Jefferson County applied to purchase these properties from DNR through Washington State's Trust Land Transfer program. Usually,Trust Land Transfer(TLT) projects result in the fee- simple ownership by another governmental entity(such as county government);however,in 2008,the Washington State legislature instead decided to award a 50-year lease to TLT applicants,rather than fee- simple ownership.The result was that in 2009,DNR and Jefferson County entered into a 50-year lease with the option for Jefferson County to purchase the remaining value of the property at a future date before the expiration of the lease.The lease temporarily takes the three DNR properties out of School Trust management,protecting the properties from forestry management by DNR for the duration of the lease. Related to the future acquisition by the County,Section 3.02 of the lease states, 'The terms and conditions of the offer must include a deed restriction that restricts the Permitted Use of the Property to fish and wildlife 3 2022 CF Application—Quimper Trust Land Transfer habitat,opens space,or recreation use in conformance with Washington Laws...,and require that the Premises no longer be used for any other purposes." r Ouimper Ea:t ra,M �. Iwo Quimper Wes!. eo �y1..malpv_ • loll .1 `. 640. +� . Property Reference Map Simultaneous to Jefferson County leasing the Quimper TLT properties,Jefferson County entered into a Stewardship Agreement with Jefferson Land Trust to support the necessary stewardship and management activities for these three properties which the Land Trust has been fulfilling for over a dozen years.Jefferson Land Trust intends to continue assisting the County in stewarding these properties;the Land Trust and the County will update this joint stewardship agreement prior to or upon acquisition. Seeing the critical value in having these 107 acres permanently protected from DNR forestry activities and from the potential for future development,Jefferson Land Trust approached Jefferson County staff and commissioners in 2020 to offer to fundraise for,and spearhead the project management of,the transfer of the Quimper TLT properties.County commissioners and staff were supportive and excited by the idea,as they had already planned to acquire the fee-simple interest sometime before the 50-year lease with DNR expired. In March of 2021,Jefferson Land Trust initiated a community fundraising campaign called the Quimper Wildlife Corridor Challenge,which aimed to raise$1.76 million dollars to protect an additional 164 acres in the Quimper Wildlife Corridor,including the permanent protection of the three Quimper Trust Land Transfer properties by Jefferson County.Given the exponential rises in real estate costs in Jefferson County beginning in early 2020,the goal of raising$1.76 for the Quimper Wildlife Corridor has become insufficient for protecting 164 acres;therefore we are applying to Conservation Futures for$205,000 toward the Trust Land Transfer properties.The estimated value of the three TLT properties is difficult to predict based upon recent timber and land appraisals,and DNR will not have completed their certified appraisal until October 2022; however, we have estimated $343,200 for Jefferson County to purchase the remaining value in the Quimper TLT properties.48.8%from CF funds,and 51.2%is matched from community fundraising by Jefferson Land Trust. Three Top Objectives: 4 2022 CF Application—Quimper Trust Land Transfer 1) Jefferson Land Trust secures$205,000 in CF funds,which completes the necessary fundraising for the remaining value and project costs in the Quimper Trust Land Transfer properties. 2) Jefferson Land Trust conducts project management on behalf of Jefferson County,including working with DNR to conduct appraisal,seek approval from state DNR board,and secure the Purchase and Sale Agreement for Jefferson County. 3) Jefferson County secures permanent ownership of the 107 acres,permanently protecting the properties for habitat,open space,and recreation;Jefferson Land Trust and Jefferson County collaboratively update the joint stewardship plan to continue management of the 107 acres. The physical characteristics of the properties are primarily forested on nearly-level ground.The Quimper West property is approximately 79 acres of mixed-age forest that includes grand fir,cedar, Douglas fir,western hemlock,madrone,with diverse hardwood and understory species.The property can be described as healthy, structurally diverse,and is on track to achieving old-growth forest characteristics such as large downed logs, standing snags,and mixed aged trees. Previous forestry management by DNR within the Quimper West property resulted in one primary logging road and some spur roads,which have now been utilized by the local community for hiking,bicycling,and horseback riding trails for decades. Baby Quimper is a forested 0.83-acre property and is surrounded by private,residential properties and Jefferson Land Trust preserve.Current and future management of Baby Quimper is primarily to ensure that conservation values are not threatened by noxious weeds or property line encroachment. The Quimper East property is 27.5 acres and is a fairly uniform forest of dense,regenerating Douglas fir that was planted after a clearcut by DNR in 1980s.The understory is primarily salal,and this property could benefit from ecological forest management to help it in the recovery from commercial management. The planned future uses of the property will be continuing to provide habitat protection,open space and recreational opportunities through trail access(on Quimper West).The Quimper East property does not have developed trails and will benefit from ecological forestry management(described further in questions#10 and 11). This project is a priority for Jefferson Land Trust and Jefferson County as it will permanently protect 107 acres from commercial forestry activities and the potential for future residential development.The Quimper TLT properties provide habitat for wildlife,recreational trails for citizens and tourists alike,and open space that broadly benefits the county by protecting maturing forests and wetlands that sequester carbon,filter stormwater,and maintain the rural character of the Olympic Peninsula. 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 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. Estimated or Appraised Value of Propert(ies)to be Acquired: Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $409,200 Total Operation and Maintenance Cost: $11,000 Total Project Cost: $420,200 5 2022 CF Application—Quimper Trust Land Transfer 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): At the time that the current lease by Jefferson County was initiated,the Washington State legislature compensated the Department of Natural Resources$985,000 for the fair-market lease value;the remaining value in the property at that time was$228,800. It has been over 12 years since that appraisal,and with rising real estate and timber costs,Jefferson Land Trust estimates the remaining value of the property may be$343,200. However,we will not know the definite value of the property until DNR conducts its own appraisal(a requirement of the TLT program). The project administration and acquisition-related costs are estimated based upon recent acquisition projects by Jefferson Land Trust.The O&M costs are based upon the annual average amount of Land Trust staff time spent stewarding the Quimper Trust Land Transfer properties,as well as funding for signage. Quimper Trust Land Conservation Futures Match(Community Total Transfer Request Fundraising by Land Trust) Property Acquisition $180,500 $162,700 $343,200 O&M (monitoring, $5,500 $5,500 $11,000 signage) Acquisition-related costs $19,000 $30,000 $49,000 (appraisal, closing costs, management plan) Project Administration $0 $17,000 $17,000 (staff time,attorney costs) Total $205,000 $215,200 $420,200 (48.8%) (51.2%) (100%) 0 & M only go to question #15: Scored Questions 1. To what degree does the project leverage contributions for acquisition from groups,agencies or individuals? I a. Sponsor or other organizations X will _will not contribute to acquisition of proposed site and/or operation and maintenance activities. 1 b. If applicable,please describe below how contributions from groups or agencies will reduce the need to use Conservation Futures program funds. 6 2022 CF Application—Quimper Trust Land Transfer 1 c. Matching Fund Estimate Acquisition O&M Conservation Futures Funds Requested $199,500 $5,500 48.8% Matching Funds/Resources* $209,700 $5,500 51.2% Total Project Acquisition Cost $409,200 $11,000 100% *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 d. Source of matching Amount of Contribution If not, Contribution If not, funds/resources contribution approved? when? available now? when? Community Fundraising by S215.200 Yes No Yes No Jefferson Land Trust NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right will 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 does the project sponsor commit to provide long-term stewardship for the proposed project? 2 a. Sponsoring agency X is _is not prepared to provide long-term stewardship(easement monitoring, maintenance, up-keep,etc.)for the proposed project. 2 b. Describe any existing programs or future plans for stewardship of the property, including the nature and extent of the commitment of resources to carry out the stewardship plan. As described in the Project Description above,Jefferson Land Trust and Jefferson County entered into a Stewardship Agreement for the Quimper Trust Land Transfer properties when the lease was initiated in 2009.This Stewardship Agreement ensures that the Land Trust performs annual monitoring with documentation to the County,works with volunteers to undertake necessary stewardship activities such as noxious weed control,trash removal,and more,and consults with Jefferson County staff who may assist with activities.Jefferson Land Trust and the County plan to continue this relationship after the County secures ownership,but the Stewardship Agreement will need to be updated after the lease is terminated by the purchase.Some of the acquisition-related costs in this application will go toward the renewal of the Stewardship Agreement and development of a Management Plan collaboratively between Jefferson County and Jefferson Land Trust. 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? As described above in question 2b,Jefferson Land Trust has been stewarding these 107 acres since 2009-- in collaboration with Jefferson County staff when their capacity allows. 3 a. Describe the sponsoring agency's previous or on-going stewardship experience. 7 2022 CF Application—Quimper Trust Land Transfer As an accredited Land Trust through the national Land Trust Alliance,Jefferson Land Trust has experience successfully managing and stewarding various types of preserves.Jefferson Land Trust conducts diligence and appropriate monitoring,stewardship,and management for all fee-simple properties that we own.This includes at least annual monitoring of the protected properties by professional staff and trained volunteers,and extensive data collection and management.We have a well-developed Preserve Steward program which provides an opportunity for long-term volunteerism through quarterly monitoring of all Land Trust preserves.We have utilized these same tools for stewarding the three Quimper Trust Land Transfer properties since 2009,and we plan to assist the County in this form of stewardship after its full acquisition. 3 b. Has the project sponsor and/or applicant been involved in other projects previously approved for Conservation Futures funding? No,neither the sponsor nor applicant has been involved in a project previously approved for Conservation Futures funds. X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures funds. Please provide details: Jefferson Land Trust has been the successful applicant of many Conservation Futures Fund projects over the years, providing us many years of experience in working with County staff to successfully implement protection projects across multiple ecosystems of Jefferson County.These projects include: Sunfield Farm,2003;Quimper Wildlife Corridor,2004;East Tarboo Creek Conservation Project,2005; Tamanowas Rock Phase 1,2006;the Winona Buffer Project,2006;Glendale Farm,2007;Finnriver Farm, 2008;Quimper Wildlife Corridor,2009; Brown Dairy,2009;Salmon Creek Ruck 2010;Quimper Wildlife Corridor 2010;Tamanowas Rock 2010;Chimacum Creek Carleson 2011;Winona Basin-Bloedel 2011; L. Brown 2012; Boulton Farm 2012;Quimper Wildlife Corridor and Short Family Farm 2013;Quimper Wildlife Corridor and Snow Creek Irvin and Jenks,2014;Midori Farm,2015;QWC 2016 Addition,Tarboo Creek, Farm and Forest 2016;Serendipity Farm,Snow Creek Taylor and Tarboo Iglitzin 2017;Chimacum Forest, Marrowstone Mize,Snow Creek Mid-Reach Forest 2018;Tarboo Forest Addition 2019; Ruby Ranch 2018& 2020;Quilcene Headwaters to Bay 2019&2020;Arlandia 2020;Quimper Wildlife Corridor Additions 2021; and Hannan Farm 2021. 4. To what degree is the acquisition feasible? 4 a. Property X can_cannot feasibly be acquired in a timely fashion with available resources. 4 b.Necessary commitments and agreements X are_are not in place. 4 c. All parties_are X are not in agreement on the cost of acquisition. If"not"to any of the above,please explain below. The cost of the acquisition will be determined by the appraisal conducted by DNR in 2022. Per the terms of the existing lease,the State(DNR) must conduct the appraisal for the remaining value of the property. Jefferson Land Trust staff and County Commission Heidi Eisenhower have been working with DNR staff on initiating the appraisal;the appraiser for the project was chosen by DNR staff in March 2022 and is expected to be completed by autumn 2022. 5. To what degree is the project part of an adopted open space,conservation,or resource preservation program or plan, or identified in a community conservation effort? 8 2022 CF Application—Quimper Trust Land Transfer The proposed acquisition X is specifically identified in an adopted open space, conservation,or resource preservation program or plan,or community conservation effort. 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,but is not specifically identified. Please describe below, and describe how the proposed acquisition is consistent with the plan. _is a stand-alone project. This project area is well-supported by many partners and conservation plans.The Land Trust,the City of Port Townsend,Jefferson County,Department of Natural Resources,the local Audubon and Native Plant Society Chapters,and US Fish&Wildlife have been partnering on the protection project of the Quimper Wildlife Corridor since the mid 1990's. Both City and County Comprehensive Plans speak to the importance of habitat corridors and trail networks and recognize the value of the Quimper Wildlife Corridor(QWC).The Nature Conservancy's 2015 Territorial Resistance evaluation shows the QWC has having beneficial 'medium to low resistance'to connectivity. The Land Use Vison in Jefferson County's 2018 Comprehensive Plan says,"Priorities protect open spaces, forests,and farmland for long-term management and conservation,while also embracing ideas that foster opportunities for increased synergy between natural and built environments." The Comp Plan's Open Space,Parks,and Recreation element supports the County's Land Use Vision"by promoting active recreation and networks of trails,bike lanes,and paths that support the economy and empower residents to make healthy choices." The County's Comprehensive Plan policies include: • "Partner to establish and conserve a sustainable system of open space corridors • Identify and conserve critical wildlife habitat,including nesting sites,foraging areas,and migration corridors within or adjacent to natural areas,open spaces,and developed urban areas. Preserve especially sensitive habitat sites that support threatened species and wildlife habitat in developed areas • Preserve and protect significant environmental features including unique wetlands,open spaces, woodlands,shorelines • Promote open space network linkages throughout the county that connect Urban Areas,Rural Centers,schools,parks,or recreation sites,and supports tourism by bicycle,horse,or foot." The Habitat chapter of the Land Trust's Conservation Plan (2008) identifies four'priority places',one of which is wildlife corridors. In that Plan,a 'habitat public awareness conservation action'is to involve the community and connect them directly with wildlife habitat,and a'habitat climate change conservation action' is to implement critical wildlife corridor campaigns.Additionally,a Habitat Climate Change Action in the Land Trust's 2020-2024 Strategic Plan is to"Develop and implement critical wildlife corridor conservation campaigns throughout the County",and within this Action,is the Objective"Protect corridors of habitat that facilitate wildlife movement and plant regeneration",followed by the Outcome of protecting additional priority properties within the sensitive Quimper Wildlife Corridor. 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? 6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. The Quimper Trust Land Transfer properties are only temporarily protected under lease by the County;the best way to ensure that these 107 acres will be protected for habitat,open space,and recreation is to transfer the properties completely into County ownership.Otherwise,the properties will be available for 9 2022 CF Application—Quimper Trust Land Transfer usual DNR forestry management once the lease expires,or potentially sold to private landowners or developers if DNR decides to divest the properties in the future. 6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat,and any unique qualities about the site. The timeline and project management for this protection project is quite complex since it involves several stakeholders.The fact that Jefferson Land Trust is close to securing the total funding needed for County acquisition,that County staff and commissioners are prepared to take on the properties,and that the current DNR Board is interested in transferring their TLT-leased lands makes this timeline for acquisition in 2022-2023 a priority.Jefferson Land Trust has been made aware that at different times,other DNR Boards may not be in favor of transferring their leased properties—therefore we need to act now while we have willing landowners. 7. Are the conservation values of the project commensurate with or greater than the amount of CF funds requested? Yes,Jefferson Land Trust is proposing to cover 51%of the total project cost for this property that will be owned by Jefferson County,therefore providing a great value to the County. 7 a. Summarize the project's conservation values and how the CF funds requested support these values. The Quimper Trust Land Transfer properties provide strong conservation values of mature,diverse forest, open space,and recreational value(pedestrian,bicycle,and horse-back). 8. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? 8 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). Baby Quimper buffers a Freshwater Forested/Shrub Wetland (PHS Listed)directly to the northeast.Golden eagles are seen in QWC(PHS candidate),as well as Vaux's swift seen in QWC(listed in PHS). 8 b.X provides habitat for a variety of native flora or fauna species. The diverse and maturing forested features are home to a diversity of flora and fauna species,including mammals such as mountain beaver,cougar,coyote,and historic elk.The plant list is extensive but includes serviceberry,deer fern,salmonberry,red flowering currant,Indian pipe,ocean spray,black gooseberry and many others. 8 c.X contributes to an existing or future wildlife corridor or migration route. 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.1 The Quimper TLT properties are part of the larger Quimper Wildlife Corridor,which is a 3.5-mile long greenbelt of native vegetation spanning unincorporated Jefferson County and the City of Port Townsend. The Quimper Wildlife Corridor's broad swath of connected forests,meadows,and wetlands are home to hundreds of species of plants,trees,animals,and birds—some seasonal and some that are year-round 10 2022 CF Application—Quimper Trust Land Transfer residents.Using the corridor,a variety of wildlife can migrate from Fort Worden State Park to McCurdy Point along Discovery Bay,and then venture on to the larger forested areas of the Quimper Peninsula. The whole QWC covers a 100-year floodplain and includes a large natural drainage basin that filters urban stormwater,protecting water quality in our aquifers and in the Strait of Juan de Fuca where 70 percent of Puget Sound's seabird populations nest on nearby Protection Island,including listed Harlequin ducks,and endangered Tufted puffins.While not directly providing habitat for the above listed Harlequins and puffins, the Quimper TLT properties contribute to the preservation of intact habitat buffering these flyways. 8 d. Does the current owner participate in conservation programs that enhance wildlife habitat?If so,please provide details. The current owner,WA Department of Natural Resources, is not participating in any conservation programs while the properties are leased to Jefferson County. 9. To what degree does the project protect habitat for anadromous fish species? 9 a. 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. These properties do not include marine shorelines,streams,or rivers. 10. To what degree does the project preserve farmland for agricultural use OR forestland for silvicultural use? 10 a. Describe the extent and nature of current and planned agricultural or silviculture use of the proposed acquisition, including any anticipated changes to that use once the property,or property right, is acquired with Conservation Futures funds. Jefferson County has not finalized its decisions about how the properties will be managed after acquisition.However,the DNR Trust Land Transfer program requires that deeds be recorded at the time of transfer that will restrict how the properties can be managed.The properties can only be transferred to governmental entities for the purposes of habitat,open space,and recreation. Under these terms, agricultural uses will be prohibited and sivicultural activites will be restricted.Jefferson County will be able to manage the properties using ecological forestry tools to enhance the habitat values and health of the forested properties—which may result in revenue from the harvest—but forest harvest cannot happen with the primary purpose being revenue generation. 10 b. Describe the current owner's record of implementing management practices that preserves and/or enhances soil,water quality, watershed function and wildlife habitat on the farm. The current landowner's primary purpose in owning these properties has been to fulfill the legal obligation to generate revenue for their designated beneficiaries such as schools. DNR follows Washington State's Forest Practice Rules which aim to balance commercial revenue and protection of water and soil. 10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat. The County has been working with Malloree Weinheimer of Chickadee Forestry for several years about implementing a forest management plan across all County-owned forestland;County staff currently believes that the Quimper Trust Land Transfer parcels would be managed with a similar focus of improving forest health. 11 2022 CF Application—Quimper Trust Land Transfer 10 d. Does this project preserve a mix of quality farmland and forestland? These properties are not eligible to be farmland,and they will remain as protected forestland after the transfer of ownership to Jefferson County. 11. Climate change: 11 a. To what degree does this project increase resiliency to and/or mitigate climate change? The vision of the Quimper Wildlife Corridor project is to protect a continuous corridor within and adjacent to increasing urban area of Port Townsend and reducing habitat fragmentation.Anticipated climate change will continue to increase Olympic Peninsula forest's susceptibility to wildfire and diseases,but ecological forest management such as what is being implemented on County-owned properties with Chickadee Forestry can increase climate resiliency. More specifically,the forest will contribute to resiliency by aiding in water retention and percolation to recharge groundwater.The diverse habitat features and connectivity conservation values here can be expected to continue as the climate changes.Carbon storage in the forest helps offset climate impacts of human development and lifestyles.Recreational and educational conservation values will also remain even with anticipated climate change. 12. What area does the project serve? 12 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. The project benefits a broad county area because Quimper West provides recreational opportunities open to the public.Additionally,the multiple jurisdictions involved in the protection of the Quimper Wildlife Corridor(County,City,State, non-profits)demonstrate the broad support that the protection of these forests and wetlands have. 12 b. Is the project located in an area that is under-represented by CF funded Projects?Areas that Conservation Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula, and the West End. No. 13. To what degree will the acquisition provide educational opportunities, interpretive opportunities,and/or serve as a general community resource? 13 a. Describe the educational or interpretive opportunities that exist for providing 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.' Quimper West has already been developed as providing public access through pedestrian trail access and the installation of informative and interpretive kiosks.The kiosks were developed nearly a dozen years ago and in 2022 Jefferson Land Trust is already in the process of replacing the signage kiosks to provide more up-to-date information to community members and visitors about the flora and fauna species on site, conservation work to-date,and the history around the multi-stakeholder effort to protect these properties. Jefferson Land Trust is regularly approached by educational groups such as CedarRoot Folk School,public school districts,Natural History Society,and geology groups for access to conserved lands to conduct their mission-oriented educational programming.The Quimper Trust Land Transfer properties could be appropriate for such educational uses and would need to be solidified in an updated management plan with Jefferson County after its acquisition. 2 The words"education"and"interpretation"are interpreted broadly by the CF Committee. 12 2022 CF Application—Quimper Trust Land Transfer 14. To what degree does the project preserve historic or culturally significant resources3? 14 a.The proposed acquisition includes historic or culturally significant resources'and is registered with the National Register of Historic Places,or an equivalent program. 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. Jefferson Land Trust has an ever-deepening partnership with the Tribes of the Olympic Peninsula, including by having conversations about Tribal citizens harvesting culturally significant species and creating protections of culturally-modified trees on protected lands. Neither DNR,Jefferson Land Trust, nor Jefferson County have had the Tribes out to these Quimper Trust Land Transfer properties for assessment of cultural resources,but Jefferson Land Trust is working to have deeper Tribal relevance in the creation of our management and stewardship plans. O & M Stand Alone Projects 15. Applications for Operation and Maintenance funding only to be scored on a scale of 1-100 based on information provided. Consider the CF Manual and the topics below, for example: 15 a.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. O&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 values of the site and whether the proposed 0&M activities will mitigate those threats and/or prevent potential future threats. Verification 16. Sponsor commitments: 16 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 funds 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"report card"that will be submitted annually to the Board of County Commissioners. 16 b. If this project is approved for funding, I understand the sponsor is required to submit progress reports for three years and for any year in which 0&M funds are expended. 5 S Initials _ 3I1 C Date 3 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. 13 2022 CF Application—Quimper Trust Land Transfer 16 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 funds,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 project sponsor does not obtain the necessary matching funding within three years. S S Initials SAC Date 16 d.The applicant has reviewed all project requirements and all information in the application is accurate to the best of their knowledge. S S Initials 3411 Date 16 e.The sponsor commits to providing long-term stewardship to achieve the conservation and protection goals of the project as proposed in this application or as may be modified with recommendation of the CF Committee and approval of the BoCC. S S Initials 3 it S�Date 14 2022 CF Application—Quimper Trust Land Transfer ` t ' a - Fort Worden State Park 17,•:- ' - --•':-:- // vv + Sr� i1 fr M - ,/,(ii , . la;--1 2 . ftir o _ ,,, : - a,...„..01./.... , . .., _ _ 0.,t, :, '' 11,' all - - - " • -,-. ' El- St 440, - . I ,.. .... , ... . 1 4'.4. . 4, 41, -.--,• i Ilk- T I •• ... _.ni t (-<s K J •:7 �� ���®�►® „` _ rib fr J1 �r� 4,„ of .�'l �'�, -'7��'' 'fir � `�. i-•n. ii � I 1®- _ �.0 tr �Y" ` ;is:— -18 Lki•Famrsi mie - - r*- i-sw?: ',--,- 411..' iirantinganiali 0 ::n::::::es III v,„- -� ♦ -° •' I ��� y et : : ...i ,''mow. ✓. Other Conservation Lands 44 - ;0 Eriaillialliallit:;:nrIr -,:l.r`,1'l� j�r 100-Year Floodplain t• O. - r -- _ .' -„4. , - '- ' 'I.- fi)' a J i� is /. } �' Port Townsend City Limds a1. '` ...� J1 1 : 1 . .. r `, maw yF1� 4�w' 0 1400 2,800 5,600 I I IFeet 'll '% Quimper Trust Land Transfer 2019 Aerial Image (NAIP) ,1 r 'c j.,,. For informational purposes only.All Jul PERSON Site Location data represented are from varying i 'htVD sources and approximate. N TRUST I Map created in March 2022 :if ,�;. .f • / . .:,r9Mr .f ., rr,'„j. -- • • t „v. -4... A.• .. .� t 1 i","r•r;'fit -ei • 4- P A�•a• •):f ''. " 6, , '• _�f • Quimper East '♦.;-q v•� t , w t.. j i1I ` i j,'r A. • s I • . "t"ier i.L. �/�i� • `"�' Fits t si k 4411- �P�O Quimper Wiest` Li . 0(: Ill c ` t. r L t... - ; Baby Qurn3per - -- , .. �� r -. y- _—ter r ,-a f4F v, -r ' y / r 1'I 'i - y�I T •" e.' 4rt� s' s_ 77 7 ' -.1 ' , . . V:\.1. '..,..'11%/itt *:*:',..,r2k1644:014,,...a 1,.t,:".fr.. f-;•1 'ANIL G•• vtA, rr Quimper Trust Land Transferik • ati { Jefferson Land Trust Properties i .w {i, _ _. I• a y„e Other Conservation Lands •}. � + ;,t s1,y ! ✓a. 1 Y !(,.• L .Ir a s�^t • w Q P .' C �- If �` r1, i ! C • y,� .-'• v.r 1..' .Y.. + -L_ '�f s'.�^:.ii 4•' �.. '�d' ll.Y .y�i-14•; `i. 4 °K Parcels w •.s. 1 . , t } t•`t �`7yysr^,•.-* _ . `'•% j4 =-'l �. -- _l Vi �j,'.f —_V ?, • 7. 0 375 750 1500 I I I 1 Feet ; � (eft" Quim per Trust Land Transfer 2019 Aerial Image (NAIP) i►( -, For informational purposes only.All Project Properties represented `L 5 data are from sources and approximate. N TRUST Map created in March 2022 Quimper Trust Land Transfer Application Photos '. i 8 ffyr-4 �,. 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' 411 . • 4.,.- 1-.4 0 it; -A - / , ,‘ .\,....,, —• \ 441 ' ' 400''''' . . `' "`•\ ''') ' 'kid ,,q.<44.- i.-4,\. k(IV I ' `, - -..'•camm- in._,....._--------- }1.--. i; i`7# .,4"r4 ,4.,,-• ,44, �v v '' / ', • • / ,' ` T 4" ?F :-if. t ' ,, qlr n► ` '74,'\V, tom Irt it* it,.—,--,,,,k-7--- ,.: , -,,, , .14 - - \ \ ',‘,,, 11‘ , -,,,,,,:\7 aill NiP VII\) N P-1/4. . .„, „ . , . . ,,v0, , „. 4..4 4, , A.' • • �' .t. `:,.i.;• ALA 1 � r ' pN, . 1� a r.:4 1'4r� ill t! ‘ . , k .1) li i /4f a P. ,. / 4,, tittlitrii('-'s\ k \ ,‘.,. 04, '1 \\\ "\\ 1, ' \ / ,,,,-. - . 4 1,\: \\.1., \ , / !/ �I r, I , ,, e, rl, i i vN,. Quimper East-wet forest conditions on east side of property ' . N .....!.-*';. 'A VIR '1... • e..'„,tfi• e • ,P. I, * - \ '>2 P• .y ! *-. • . �i ✓ 't in • y1 �c `••• i r r"; %Its,. �1", .. • _+ .. 1 r., '' i w{"• t .,ice 1.e! ' �.�. r, `I' 7 V, Itl'-, w ti..{ r e try 16 ,ziiii*"lift.w r Mrs •�X 4 r•j '` . 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(fi y 1 J ,,4, . .„. .., N,,,,......,....... 4s•, y.ixdc"' 'TRUST March 2, 2021 Bob Winslow, Trust Land Transfer Project Manager Washington Department of Natural Resources Olympia, WA 98504 Dear Mr. Winslow- Jefferson County and Jefferson Land Trust are following up on our earlier conversations about the possibility of Jefferson County acquiring the remainder fee interest in the three DNR TLT properties shown below that are currently under 50-year renewable leases to our County. We would like to initiate this process as outlined in section 3.02 of the leases, and we understand that the next step is for the State to obtain appraisals of the remainder fee interest for each of the properties. Jefferson Land Trust is prepared to pay, in advance, the cost of those appraisals if you can let us know what that cost will be. Once we have the appraised values, the County, Jefferson Land Trust and community will be in a position to assemble the necessary funding to submit an offer reflecting the fair market value at the time of the appraisal. Thank you. Since yours, C� P ilip Morley, ffersen County Administrator 1820 Jefferson St., Port Townsend,WA 98368 2c,.r Sc.c.-e Sarah Spaeth, Jefferson Land Trust Director of Conservation and Strategic Partnerships 1033 Lawrence St., Port Townsend, WA 98368 cc: Brock Millern, Conservation, Recreation, and Transactions Division Dave Gordon Name Acres+/- Lease Term Fee Ownership TLT Lease Value at time Value paid by of lease legislature Quimper 81 acres 50 years;ends in $1,155,000 $985,000 Peninsula 2059 West Quimper 28 acres 50 years;ends in $430,000 $371,200 Peninsula East 2059 Thorndyke 50 acres 50 years;ends in $681,000 $619,000 2059 L LREDip_ r�0 Jefferson Land Trust is a 501 c (3)non- rob taxer �e,9wo,may (I P � emP4 Private corporaG'on. %',°,�"" Exhibit B 2022 Conservation Futures Program Manual Quimper Trust Land Transfer Project(2022) 16 „gON CO � G� iL,9sy� Jefferson County Conservation Futures Program Manual 2022 Funding Cycle Jefferson County Conservation Futures Program Manual 2022 Funding Cycle Mission of the Conservation Futures Program The mission of the Jefferson County Conservation Futures 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 Citizen's Oversight Committee Membership(as of November 30,2021) Phil Andrus,Citizen,District#2 Mary Biskup,Citizen,District#1 Scott Brinton, Interest—Agriculture Vacant, Citizen,District#3 Guy Dobyns, Citizen,District#3 Joanne Pontrello,Citizen,District#2 Rob Harbour, Interest—Working Lands Richard Jahnke, Interest—Coastal Areas Craig Schrader, Interest—Climate Change Lorna Smith, Interest—Ecotourism Dave Seabrook, Interest—Food Security Ron Rempel—Wildlife Conservation Biology David Wilkinson,Citizen,District#1 Table of Contents Overview 3 Conservation Futures Citizen Oversight Committee(CF Committee) ..4 Project Selection 4 Information Sources 4 Reimbursement .5 Compliance with All Laws 5 Record Retention ..6 Acquisition Projects ..6 Operation and Maintenance(O&M) 9 Required Site Visit 11 Required Meeting 11 Annual Reports ..11 Project Changes ..12 Program Suggestions 13 Forms and Templates APPENDIX A Project Agreement Template Annual Report Form Template Please note: The 2022 CF Application and Scoresheet are available separately from program staff. Map of Approved Projects .APPENDIX B Definitions APPENDIX C 2 2022 CF Program Manual FINAL http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Overview Jefferson County welcomes your application to the Conservation Futures Program(CF 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 jefferson.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 CF Program is to acquire open space lands,including green spaces,greenbelts,fish and wildlife habitat,trail rights-of-ways,agricultural land and timber 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,CF-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.Open space,wildlife habitat,agricultural and timber lands 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 formal project presentation to the CF Committee,the stewardship plan and its implementation,and all County contracting,reporting,and reimbursement requirements. Available funding is announced early 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 Friday,March 25th,2022 and sponsors host site visits and present projects to the CF Committee later in March and in April. 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 or May,the CF Committee 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.Funding for reimbursement is generally not available until August or later.At least every other year,the BoCC 3 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/5691Conservation-Futu res-Program reviews the priorities of the Conservation Futures Program and the project ranking process.All meetings of the Conservation Futures Committee are open to the public.Citizens are encouraged to attend. Conservation Futures Citizen Oversight Committee(CF Committee) The CF Committee 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. Project Selection The CF Committee 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. Written project application:Each CF Committee member(CFCM)independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits:Each CFCM 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 CFCM must 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 CFCMs 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 CFCM 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 CF Committee)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 Committee 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,Committee 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"scores".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 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#4 is discussed,bringing into focus information garnered from phases 1 through 4 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 CF Committee chair or vice chair.The Committee will provide justification to the Commissioners for any and all changes from the numerical ranked order. 4 2022 CF Program Manual FINAL httn://www.co.iefferson.wa.us/560/Conservation-Futures-Program Information Sources The Conservation Futures 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.leg.wa.gov/rcw.The Jefferson County Code is available online at http://www.codepublishing.com/WA/JeffersonCounty. Contact the program coordinator at ph: 360/379-4498, fax: 360/379-4487 or email tpokorny@co.jefferson.wa.us. Reimbursement All grants are funded by the Jefferson County Conservation Futures 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, CF 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 is situated either directly adjacent to or could, in the sole discretion of the county,be directly linked to the property under application. • 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. 5 2022 CF Program Manual FINAL htta://www.cojefferson.wa.us/560/Conservation-Futures-Program jefferson.wa.us/560/Conservation-Futures-Program If matching funds are not secured within three years,the project may be required to re-apply. Conservation Futures 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. 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. 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 CF 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 CF Committee are subject to the Open Public Meetings Act, Ch.42.30 RCW. The public is always invited and encouraged to attend.Two observer comment periods are included in each agenda. 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). 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 6 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 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 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 conservation futures funds dispersed exceed the grant amount awarded by the BoCC.No appraisal is required for properties assessed at$20,000 or less. 7 2022 CF Program Manual FINAL httn://www.coiefferson.wa.us/560/Conservation-Futures-Program 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 CF program.However,the CF Committee 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 tpokorny@co jefferson.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. 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. 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) 8 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program _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. Combination Acquisition/0& M Projects Projects that involve acquisition and 0&M expenses are allowed and require that both sets of application materials be submitted 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 open space lands,the current priority of the Conservation Futures program is to fund high quality acquisition projects. Operations and Maintenance funding for completed acquisition projects may be approved in exceptional cases,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 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—Please note: (with acquisition request or standalone for past projects)—Please note: 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 9 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program _Fencing(if needed for public safety or resource protection) _Noxious weed control _Signage _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 than50%)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. 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 10 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program To apply for 0&M funding for a project previously purchased using CF 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". Required Site Visit Project sponsors are asked to host the CF Committee 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 CF Committee 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 CF Committee members. Required Meeting The sponsor must request and reserve the date that the CF Committee 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 questions listed on the Score Sheet.CF Committee 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 participate in funding recommendations. Annual Reports Sponsors are required to submit an annual report by December 31"every year from the date of award until three years after the CF funds are disbursed. Sponsors receiving O&M funds will also submit an annual report for each year that O&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. Reports At their discretion,sponsors may provide annual reports to the CF Committee based on their own monitoring documents. After five years,if no information is received about a project,the Committee is more likely to request information about long-term monitoring activities. Project Changes Project sponsors are expected to implement funded projects as described in their application to the CFF. 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. 11 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program A proposed project change,such as a cost increase,parcel substitution or removal,or change in funding category(acquisition or 0&M)or match ratio,requires that the CF Committee first develop a recommendation for the BoCC to consider. The Committee prefers that project change requests be presented as follows: 1. Send a"letter",addressed to the CF Committee 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 committee meeting for possible inclusion on the draft agenda. 2. Reflect the proposed change in a Microsoft Word version of the original conservation futures 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 a draft agenda,the sponsor should make every effort to attend that meeting in person or by phone/internet. 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 committee members is available to approve any recommendation to the BoCC. 5. The following requests are considered particularly significant: 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 O&M) The CF Committee 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 Staff shall: 1. Work with the project sponsor and Committee chair to refine or clarify the change request ahead of its presentation at the next Committee meeting,as needed. 2. Forward the change request and Committee recommendations to the BoCC for final determination at a regularly scheduled meeting. 3. Work with the Committee,and subcommittee(s)as applicable,to learn from the change and determine if related updates to program materials are needed. Program Suggestions Suggestions for program improvements are always welcome and may be provided to the Conservation Futures Committee by letter or email via the program coordinator at the contact information on page 3. Every CF Committee meeting also includes two public comment periods. Draft meeting agendas are posted on the program website. 12 2022 CF Program Manual FINAL httv://www.cojefferson.wa.us/560/Conservation-Futures-Program Appendix A GRANT AGREEMENT TEMPLATES(INFORMATIONAL ONLY) Fee Simple Acquisitions: JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: [SPONSOR(UBI 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. Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless 13 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 February 15,2021 and end on February 15,2024 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'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 $69,500. 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 sixty-three(63%)percent of the total Project cost and all Project costs in excess of$187,838.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. 14 2022 CF Program Manual FINAL hun://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 51 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; 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; 15 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program * 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. 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.48.62 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. 16 2022 CF Program Manual FINAL httv://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 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 17 2022 CF Program Manual FINAL http://www.cojefferson.wa.us/560/Conservation-Futures-Program 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); 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. 18 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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 Program Contact Tami Pokorny Jefferson County Environmental Public Health— Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 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. 19 2022 CF Program Manual FINAL httD://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 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. 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. 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 parry's control and without fault or negligence of such party, including but not limited to; (a) 20 2022 CF Program Manual FINAL httn://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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) 21 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON [SPONSOR] Board of County Commissioners Jefferson County, Washington By: By: Signature Heidi Eisenhour, Chair Date Name: By: Greg Brotherton, Commissioner Date Title: Date: By: Kate Dean, Commissioner Date SEAL: ATTEST: Carolyn Galloway Date Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 22 2022 CF Program Manual FINAL http://vvww.co.iefferson.wa.us/560/Conservation-Futures-Proaram APPENDIX A 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. 23 2022 CF Program Manual FINAL Imu://www.co.iefferson.wa.us/560/Conservation-Futures-Program Exhibit A Final Draft Statutory Warranty Deeds Exhibit B [202x] Conservation Futures [PROJECT] Exhibit C [202x] Conservation Futures Program Manual Exhibit D Resolution No. [NUMBER] End Fee Simple Informational Template 24 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Prozram Conservation Easement Template: JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: [NAME&UBI NUMBER] Project Title: [NAME] Contract Number: [xxxx] Approval: Resolution No. [NUMBER] 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 Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant deed of conservation easement(Exhibit A)for the 28-acre property known in the records of the Jefferson County Assessor as APN#(s) [NUMBERS] and as described in the [DATE] Conservation Futures project application for the [NAME] Project(Exhibit B)and [DATE] Conservation Futures Program Manual (Exhibit C),and as authorized by Resolution No. [NUMBER] (Exhibit D). The grant deed of conservation easement shall prevent subdivision while allowing for forest management and habitat protections. Language must be included in the deed of conservation easement to protect the County's interests and conservation values, including, at a minimum,the following: Grantee's costs of acquiring this Easement 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 Easement, and to obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC 3.08.030(9), this Easement 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. 25 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 31s`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$[AMOUNT]. 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[AMOUNT] ([AMOUNT]%)percent of the total Project cost and all Project costs in excess of$[AMOUNT]. 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. 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 26 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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 51 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; 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 27 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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. 48.62 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 28 2022 CF Program Manual FINAL httn://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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 parry'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 29 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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 Program Contact [NAME] Tami Pokorny Jefferson County Environmental Public [ADDRESS] Health—Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 30 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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 31 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program 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. 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. 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 32 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Prozram 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) 33 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON [NAME] Board of County Commissioners Jefferson County, Washington By: By: Signature Heidi Eisenhour Date Name: By: Greg Brotherton, Commissioner Date Title: Date: By: Kate Dean, Commissioner Date SEAL: ATTEST: Carolyn Galloway Date Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 34 2022 CF Program Manual FINAL httv://www.co.iefferson.wa.us/560/Conservation-Futures-Program APPENDIX A Scope of Work [NAME], as project sponsor"Sponsor," shall perform the following tasks in order to implement the [NAME] Project: Task 1: Acquire Matching Contribution Sponsor shall secure the necessary matching contribution of no less than seventy-nice percent ([AMOUNT]%) 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 [AMOUNT]%of the total project cost. Task 2: Acquire Grant Deed of Conservation Easement Sponsor shall acquire a grant deed of conservation easement on the subject property,APN#(s) [APN NUMBERS] that incorporates approved Conservation Futures Program language, including the language in item "C"of this Agreement. Deliverable 2a: Final draft grant deed of conservation easement Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1) Deliverable 2c: Recorded grant of conservation easement deed 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. 35 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Proeram Exhibit A Grant Deed of Conservation Easement Exhibit B 202x Conservation Futures [PROJECT]Application Exhibit C 202x Conservation Futures Program Manual Exhibit D Resolution No. [NUMBER] End Conservation Easement Informational Template 36 2022 CF Program Manual FINAL http://www.co.iefferson.wa.us/560/Conservation-Futures-Program Appendix B APPROVED PROJECTS MAP .rz. I •:•y� Cnnicrvati�rnTuturci ��` i•,r. �;r jefhecsan CJnuntp.N'achingtrm - r - , • c•r - - — - r I _ r J�� r/ ff.� r ,� ( ice• , - I w', ` . 111-'. - �I �y ;:I r -- -IPr I -_ %,,,- I - -r P l—z=_ r,=tip \ f -r ` r AL a.:.•_ 4.4611 ••--_-_-..=Lill• - I I) AL-- �, `, — �_; I y + I • • j T iI i `1 , 1 r �- L�V J— r]— G } a �- y o— o--- o-- I o_-- o---©-- _ .... o o— rr J--- —4 1 .1' 'k...,' _____, N [1:=__ i i f ~� ! o — o NI--- 4 CI— o ri— N... ,-1.1 N, n_._--=- ;,==_ ..... ( � I. * . i � 37 2022 CF Program Manual FINAL Imp://wwvv.cojefferson.wa.us/560/Conservation-Futures-Program Appendix C DEFINITIONS "Conservation futures citizen oversight committee"means the Jefferson County conservation futures 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 84.34.230. "County"means Jefferson County and/or its conservation futures 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 84.34 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. 38 2022 CF Program Manual FINAL httD://www.co.iefferson.wa.us/560/Conservation-Futures-Program Exhibit C Resolution No. 35 - 22 Quimper Trust Land Transfer Project(2022) 17 cc: fit g.i. a?. STATE OF WASHINGTON County of Jefferson Dedication of Conservation Futures Funds to the } Quimper Trust Land Transfer Project as Authorized } by and In Accordance with Jefferson County Code } RESOLUTION NO. 35 - 22 Section 3.08.030(7)to Provide a System of Public } Open Spaces } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230, are an important means of retaining community character and accomplishing the open space W 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 84.34.220 to acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed project applications for 2022 and made its funding recommendations to the Board of County Commissioners in accordance with Jefferson County Code Chapter 3.08; and WHEREAS, under the provisions of the Jefferson County Conservation Futures Program, Jefferson Land Trust, as project sponsor, requests funding towards the fee simple acquisition of four parcels of land in S32 and 33 T31N R1W with Assessor's Parcel Numbers 101324001, 101323004, 999007201 and 101333002 and to reimburse operations and maintenance costs; and WHEREAS, the County retains enough developable land to accommodate the Quimper Trust Land Transfer project as well as the housing and employment growth that it is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and WHEREAS, Jefferson County considers it in the best public interest to contribute financially to this open space project. NOW, THEREFORE BE IT RESOLVED that: 1. Jefferson County hereby dedicates up to $199,500 in conservation futures funds in the 2022 cycle towards escrow payments and/or reimbursement of eligible acquisition expenses contingent upon presentation of a matching contribution of at least fifty percent (50%). The sponsor anticipates that the matching contribution will be fifty-one percent (51%) at the time of project completion. 2. Jefferson County hereby dedicates up to $5,500 in conservation futures funds to reimburse for operations and maintenance expenses incurred within ten years of the Resolution No. 35 - 22 re: Dedication of Conservation Futures Funds to the Quimper Trust Land Transfer project signing of this resolution contingent on a matching contribution of no less than the amount of conservation futures funds requested. 3. 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. APPROVED AND ADOPTED this 1 S`day of August, 2022 in Port Townsend, Washington. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS j: • ' .•; '' Held' hair ATTEST: • g rotherton, Member Eif 6,9%-ffa PvC Carolyn allaway / Approved Telephonically Clerk of the Board Kate Dean, Member Exhibit D Quitclaim Deeds Quimper Trust Land Transfer Project(2022) 18 664843 PGS : 4 QCD 02/2B/2024 03:46 PM $306.50 STATE OF WA DEPT NAT RESOURCES Jefferson County WA Auditor's Office - Brenda Huntingford, Auditor �iiikiciti �,i�ai# i IIlily l rrigil �� 1iiiI AFTER RECORDING RETURN TO: Department of Natural Resources Strategic Planning Office ATTN: Matthew Matulovich PO Box 47014 Olympia, WA 98504-7014 O Document Title: Quitclaim Deed Reference Number(s)of Related Documents: AFN#544434; File o. . -082211 • Grantor: STATE OF WASHINGTON, acti g y and ugh the Department of Natural Resources Grantee: JEFFERSON COUNTY, HINGTO Abbreviated Legal Description: S33 T31N R1W L S N 330') . Assessor's Property Tax Parcel/Account/Num e T1 3002 0 IM DEED on County 1C THE GRANTOR, OF WASHINGTON, acting by and through the Department of Natural Resources,f r in o ideration of the sum of FIFTEEN THOUSAND EIGHT HUNDRED Dollars ( 5,8 0 ,which amount ha's been paid by Grantee and state legislative appropriation s ction 3042, Ch. 328, Washington Laws of 2008 and RCW 79.17.200, c v s and quitclaims to JEFFERSON COUNTY, GRANTEE, all interest in the re r si ted in Jefferson County, Washington,and described in EXHIBIT A, .a hed h to, which by this reference is made a part hereof. his t sfer is subject to a restriction on use of the property for the public purposes of . fish and wildlife habitat, open space,or recreation. This restriction shall run with the land and shall be binding upon Grantee,its successors and assigns forever; provided,however Grantee Page 1 of 4 1120824 142264 *2/28/2024 10,00* 664843 Page 2 of 4 02/28/2024 03:46 PM • may request approval of alternative uses of the property that are compatible with the originally intended public purpose subject to Grantor and Legislature approval of such uses. The above-described lands are subject to that certain statutory reserved right set forth in RCW 79.36.370 and to the following reservation: The Grantor hereby expressly saves, excepts, and reserves out of the t er- . .de, unto itself and its successors and assigns forever, all oils, gases,coal, ores • • er , : d 'o:sils of every name, kind, or description, and which may be in or upon said lane •b • -scribed, or any part thereof, and the right to explore the same for such oils,gase( es, i .-rals, and fossils; and it also hereby expressly saves and reserves out of the gr t ere y made,unto itself i -J and its successors and assigns forever,the right to enter by it ..or its , attorneys, and , servants upon said lands, or any part or parts thereof, at y'/ d all fm4s,for the purpose of opening,developing,and working mines thereon, and taki moving therefrom all such oils, gases,coal, ores, minerals, and fossils, a to that end it further expressly reserves out of the grant hereby made, unto itself, its successors •1.d . igns, forever,the right by its or their agents, servants, and attorneys at any and all ti s to e e nstruct, maintain, and use all such buildings,machinery, roads,and railroa si s ¢I/'sba , remove such soil, and to remain on said lands or any part thereof for the bus s f n m�..nn and to occupy as much of said lands as may be necessary or convenient for the es osecution of such mining business,hereby expressly reserving to itself and its su c sso d assigns, as aforesaid, generally, all rights and powers in,to, and over said 1 .•- r er 'n expressed or not, reasonably necessary or convenient to render benefi i - . •-nt the complete enjoyment of the property and the rights hereby expressly e No rights shall a 'se under the foregoing reservation,by the state or its successors or assigns, until pro is•on •s en made by the state or its successors or assigns,to pay to the owner of the land up n • •: the rights reserved herein to the state or its successors or assigns, are sought to er • e , full payment for all damages sustained by said owner, by reason of enteri up s • lan • ROVIDED, That if said owner from any cause whatever refuses or neglect o le i damages,then the state or its successors or assigns,or any applicant for a 1 s or con i c from the state for the purpose of prospecting for or mining valuable minerals, or opts ct or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the r• t to institute such legal proceedings in the superior court of the county wherein the Page 2 of 4 664843 Page 3 of 4 02/28/2024 03:46 PM land is situate,as may be necessary to determine the damages which said owner of said land may suffer. Grantee accepts the Property"AS IS, WHERE IS"with all faults. The Grant• disclaims any warranties,express or implied, including any warranty of merchantability or fitn,ss or a particular purpose about the Property,including but not limited to improvemen : to . -, t'ereon, and no employee or agent of the Grantor is authorized otherwise. The foreg•' g. •eci $ . 1 includes warranties with respect to the existence or nonexistence of any p• u c•nt. •' ants, or hazardous waste or claims based thereon arising out of the actual or t• ea , e• •• charge, disposal, seepage,migration, or escape of such substances at,from, 'r •Avikh. P : •e- . Grantee hereby:fully releases the Grantor from any and all liability to - to- ." •ut of or related to the condition of the Property prior to,at, or after Grantee •c p titl o • e Property,including but not limited to the deposit or release of hazardous or t•, i• wastes or material and.pollutants. This Deed is executed and delivered purs .1 to RCW '.1 .270 at the request of the Commissioner of Public Lands with the approval o •- :l and of Natural Resources, State of Washington. - WITNESS the Seal of the State hin IL, ,ffixed this -.+h day of -G0w;vr1 ,2024. 0 G RNOR -.-.-.�. ST: _ � � ra_ SEC TARP OF STATE �.< ,, ,_ � Amanda Doyle ,�. wA Chief of Staff ono , , , . , '7j ,!f`M . :''4'A 4" Approved as to.form this 6th day •N 0._ : , of Tune, 2023. '. f. : rre:tie:- _ ri Adrienne Smith, Senior Counsel - je;i Assistant Attorney General 4 ` Deed No. 26944. •e - ,.;: c - State Record of Deeds,Volume 14,Page 156. _��: Z tk Transaction File No. 02-102693 Page3of4 • 664843 Page 4 of 4 02/28/2024 03:46 PM DEPARTMENT OF NATURAL RESOURCES EXHIBIT A LEGAL DESCRIPTION The following describes the State land to be transferred to Jefferson County, W... 1 1 0 Government lot 5 of Section 33, Township 31 North, Range 1 West, ' : a - 'e eridian, Jefferson County,Washington,EXCEPT the north 330 feet thereof a . d, cribed by that Record of Survey recorded January 11, 1996, in Book 17 of S s at P.ges123-128, under Auditor's File No. 387842, Jefferson County records. . O 0 0 Page 4 of 4 664842 PGS : 4 QCD 02/28/2024 03:38 PM $306.50 STATE OF WA DEPT NAT RESOURCES Jefferson County WA Auditor's Office - Brenda Huntingford, Auditor III FAIII .Ii hiVL MITMaCV 11l11411 II1 • AFTER RECORDING RETURN TO: Department of Natural Resources Strategic Planning Office ATTN: Matthew Matulovich PO Box 47014 Olympia, WA 98504-7014 Document Title: Quitclaim Deed O Reference Number(s) of Related Documents: AFN#544436; DNR F 1(7)6 -0:s I Grantor: STATE OF WASHINGTON, actint . • ,d t e Department of Natural Resources Grantee: JEFFERSON COUNTY, WASHIN I 0 • Abbreviated Legal Description: TIBBALS LAK ' • '.. BLK 72 LOTS 1 THRU 5 Assessor's Property Tax Parcel/Account Numb, "911 01, 101324001, and 101323004 „,,%Qfr • .11 ;ED Je • so+ 'i u my THE GRANTOR, ST.4 8 F GTON, acting by and through the Department of Natural Resources, for and s it- . '.n of the sum of THREE HUNDRED SIXTY-SEVEN THOUSAND Dollars C. . #I I . 'c' amount has been paid by Grantee and state legislative appropriation pursuant to - 'en 311 Ch. 328, Washington Laws of 2008 and RCW 79.17.200,hereby con - • • '►claims to JEFFERSON COUNTY, GRANTEE,all interest in the real property si at d ' Je,ferson County, Washington,and described in EXHIBIT A, attached hereto,whi b ' reference is made a part hereof. 'si • i fer abject to a restriction on use of the property for the public purposes of fish an wi i - •. :'tat, open space, or recreation. This restriction shall run with the land and s be bin ' lupon Grantee,its successors and assigns forever;provided,however Grantee ma eq st p royal of alternative uses of the property that are compatible with the originally intende is purpose subject to Grantor and Legislature approval of such uses. . Quitclaim Deed No.26945 • Quimper West Trust Land Transfer No.02-102694 Page 1 of 4 1120825 142265 *2/28/2024 10.00* 664842 Page 2 of 4 02/28/2024 03:38 PM The above-described lands are subject to that certain statutory reserved right as set forth in RCW 79.36.370 and to the following reservation: The Grantor hereby expressly saves, excepts,and reserves out of the grant her-by made, unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, . • fossils of every name, kind, or description, and which may be in or upon said lands ab• :-d, or any part thereof,and the right to explore the same for such oils,gases, coal, • - , ine . ., d fossils; and it also hereby expressly saves and reserves out of the grant her- 9 cit t• elf and its successors and assigns forever,the right to enter by itself or its en a . •• -ys, and servants upon said lands, or any part or parts thereof, at any and all t. , or e . :ose of opening, developing, and working mines thereon, and taking an r o therefrom all such oils,gases, coal, ores, minerals,and fossils, and to t t it pressly reserves out of the grant hereby made, unto itself, its successors and a si ns, for ,the right by its or their agents, servants,and attorneys at any and all times to erect, on ct maintain,and use all such buildings,machinery,roads,and railroads, sink s. ' hafts,remove such soil, and to remain on said lands or any part thereof for the business of min • • .1.d to occupy as much of said lands as may be necessary or convenient for the success r c • of such mining business,hereby expressly reservingto itself and its succrs \s as aforesaid,generally, all rights and P Y g powers in,to, and over said land, whether .-r-'. re sed or not, reasonably necessary or - convenient to render beneficial and e ••- th- o plete enjoyment of the property and the rights hereby expressly reserve No rights shall be e -- .: the foregoing reservation, by the state or its successors k/ or assigns,until provisi. . .-- . a. .y the state or its successors or assigns,to pay to the owner of the land upon . e r II s reserved herein to the state or its successors or assigns, are sought to be exerci ent for all damages sustained by said owner, by reason of entering upon said 1 •: P.'' • IDED, That if said owner from any cause whatever refuses or neglects to settle sai d. ,then the state or its successors or assigns,or any applicant for a lease or contr a state for the purpose of prospecting for or mining valuable minerals, or option nt t, lea , for mining coal, or lease for extracting petroleum or natural gas, shall have th ig to . s to such legal proceedings in the superior court of the county wherein the 1 ' situa a may be necessary to determine the damages which said owner of said land may su • Quitdaim Deed No.26945 • Quimper West Trust Land Transfer No.02-102694 Page 2 of 4 664842 Page 3 of 4 02/28/2024 03:38 PM Grantee accepts the Property"AS IS, WHERE IS".with all faults. The Grantor disclaims any warranties,express or implied, including any warranty of merchantability or fitness for a particular purpose about the Property,including but not limited to improvements located thereon, and no employee or agent of the Grantor is authorized otherwise. The foregoing spe► wally includes warranties with respect to the existence or nonexistence of any pollutants, c. i t: inants, or hazardous waste or claims based thereon arising out of the actual or threaten-: •'sc •rg: disposal, seepage,migration, or escape of such substances at, from,or into e ' o.-rty. t r. tee hereby fully releases the Grantor from any and all liability to Grantee ads' g ut o o rela ed to the condition of the Property prior to, at,or after Grantee accepts title : : ' . .- . .; including but not limited to the deposit or release of hazardous or toxic waste o gio ri:la = .ollutants. This Deed is executed and delivered pursuant to ' •.02. - I . the request of the Commissioner of Public Lands with the approval of the : .• . of N• (al Resources, State of Washington. o‘ WITNESS the Seal of the State of Washingt. . • ixed this -IAA's day of r 2024. 0 est.A. Ai i si/L4rN7/1 GERO ' , ),IATE*0 Ik L SECR— TAR ` O-A' - •". �,,� -_Y Amanda Doyle ....„.........( _: Chief of Staff ' ‘....4.-' "-An.: %.,...... '4,...'S,,,,ir .... i,:,......,v -...„...,,,, is, , ,j-;.: v . - 74. ic,„., : a�J ' \tr.'- • Approved as to form this 6th day .a r. ‘,-;-.,.-.:.� - •,•_••-, `� c of June, 2023. - ram./ t -___ ~C� Adrienne Smith, Senior Counsel c Assistant Attorney General \ t:.e .-tom• . -,,_,, Deed No. 26945 State Record of Deeds,Volume 14, Page 157. Transaction File No. 02-102694 Quitclaim Deed No.26945 • Quimper West Trust Land Transfer No.02-102694 Page 3 of 4 664842 Page 4 of 4 02/28/2024 03:38 PM DEPARTMENT OF NATURAL RESOURCES EXHIBIT A ' LEGAL DESCRIPTION The following describes the State land to be transferred to Jefferson County, W 'n : The SE1/4 of the SW1/4 and the SW1/4 of the SE1/4 of Section 32, Town i. . h, ge 1 West, Willamette Meridian,Jefferson County, Washington, according to . S. ov- ent subdivision procedures, TOGETHER WITH Lots 1, 2, 3, 4 and 5 of Block 72 of the Supplementary Pl t f Cap ' Tibbals Lake Park, according to the plat thereof recorded in Volume 2 of Pla Page , ords of Jefferson County Washington. 0 0 • Quitclaim Deed No.26945 • Quimper West Trust Land Transfer No.02-102694 Page 4 of 4 Exhibit E Draft Deed of Right Quimper Trust Land Transfer Project(2022) 19 Upon Recording, Please Return To: Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 DEED OF RIGHT TO USE LAND FOR CONSERVATION PURPOSES Quimper West and Quimper East Properties Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Jefferson Land Trust, a Washington nonprofit corporation Definition and Abbreviated Legal Description: Quimper West: Portion of Section 32, T31N, R1W, Jefferson County, Washington Quimper East: Portion of Section 33, T31N, R1W, Jefferson County (More particularly described in Exhibit "A" (Legal Description), and as depicted in Exhibit "B" (Property Map)) Assessor's Property Tax Parcel Number(s): Quimper West: 101323004, 101324001, 999007201 Quimper East: 101333002 Reference Numbers of Documents Assigned or Released: AFN#s 664842 and 664843 1. Conservation Futures Deed Restrictions: Grantor is a county within the State of Washington, authorized by RCW 84.34.210 to acquire and convey selected "open space land"so designated under the provisions of Chapter 84.34 RCW and Chapter 3.08 Jefferson County Code (JCC) by a contractual right necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the "open space land." 2. Grantee is a nonprofit nature conservancy corporation or association, defined in RCW 84.34.250, authorized by RCW 84.34.210 and RCW 84.34.220 to specifically purchase or otherwise acquire, except by eminent domain, rights in perpetuity to future development of any "open space land" so designated under the provisions of Chapter 84.34 RCW. Page 7 of 7 3. The Quimper East property(as defined above)and the Quimper West property(as defined above) are "open space land," as designated in RCW 84.34.020, and are part of the Quimper Wildlife Corridor. The Quimper Wildlife Corridor is a 3.5-mile band of forest stretching across the tip of the Quimper Peninsula from Fort Worden to McCurdy Point. This greenbelt links six wetlands along a 100-year floodplain and natural drainage basin, which filters urban stormwater. This natural system protects water quality in local aquifers, into the Strait of Juan de Fuca and out to Protection Island, where 70 percent of Puget Sound's seabird populations nest. The Quimper Wildlife Corridor's forests provide safe passage and natural refuge for everything from migratory songbirds like Swainson's Thrush to the slow, local migration of rough-skinned newts,while a maze of trails attracts visitors from nearby Port Townsend. 4. Grantor obtained fee simple title to the Quimper East property and the Quimper West property from the State of Washington Department of Natural Resources, after exercising an option to purchase 2009 leases of both properties that stated in Section 3.02: The terms and conditions of the offer must include a deed restriction that restricts the Permitted Use of the Property to fish and wildlife habitat,open space, or recreation use in conformance with Washington Laws of 2008, Ch.328, Section 3042 and other applicable law, and require that the Premises no longer be used for any other purposes. Said deed restriction shall be binding on the purchaser and all successors and assigns. 5. Grantee was the project sponsor on the acquisition of the Quimper East property and the Quimper West property from the State of Washington Department of Natural Resources. Pursuant to Chapter 3.08 JCC, Grantee pledged a match of at least 50% of the funds necessary to acquire the properties, with Grantor using conservation futures funds from property taxes collected pursuant to RCW 84.34.230. This Deed of Right is effective upon signature. 6. Pursuant to Chapter 84.34 RCW, Chapter 3.08 JCC, and the requirement in Section 3.02 of the options under which the properties were acquired, a deed restriction is required for the uses of the properties in perpetuity to fish and wildlife habitat,open space,or recreation use. This Deed of Right is intended to fulfill this deed restriction requirement. 7. Grantor and Grantee hereby agree to be bound by JCC 3.08.030(9), the uses authorized under RCW 84.34.230, and the limitations in Section 3.02 of the option to purchase, including the obligation to ensure the long-term conservation of the Quimper East property and the Quimper West property. 8. Consistent with JCC 3.08.030(9), the Quimper East property and the Quimper West property shall not be converted to a different use unless and only if other equivalent lands Page 7 of 7 or interest in lands within Jefferson County are received by in exchange. Consideration: 9. Grantor and Grantee enter this Deed of Right for and in consideration of the match funding provided by Grantee pursuant to the requirements of Chapter 3.08 JCC and pursuant to the Grant Agreement entered into between Grantor and Grantee entitled Quimper Trust Land Transfer signed by Grantor on the seventh day of September 2021 and Grantee the twentieth day of August 2021 and supporting materials which are on file with Grantor and Grantee in connection with the Grant Agreement. Termination Rights Conveyed to Grantor in this Deed of Right: 10. The rights conveyed to Grantee in this Deed of Right shall terminate upon (a) a material breach by Grantee of the Grant Agreement; (b) dissolution of Grantee; (c) failure of Grantee to maintain its status as a nonprofit nature conservancy corporation or association, defined in RCW 84.34.250; or, (d) upon the written agreement of both the Grantor and Grantee, upon an affirmative vote by both the Grantor's Board of County Commissioners and of Grantee's Board of Directors. This section does not apply if a successor organization, nonprofit nature conservancy corporation or association as defined in RCW 84.34.250, assumes the responsibilities of the Grantee. 11. Termination may apply to one or both of the properties. 12. Upon termination of the rights conveyed to Grantee in this Deed of Right, Grantor and Grantee agree to cooperate in removing the rights conveyed to Grantee in this Deed of Right from the title of the Quimper East property and the Quimper West property. Rights Conveyed by this Deed of Right: 13. Grantor grants and conveys to Grantee the following rights to the Quimper East Property and the Quimper West property for the purpose of ensuring the long-term conservation of the Quimper East property and the Quimper West property as open space consistent with the requirements of Chapter 84.34 RCW and Chapter 3.08 JCC,as follows: a. Grantor shall allow public access for recreational uses to the Quimper East property and the Quimper West property.This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the Quimper East property and the Quimper West property consistent with habitat conservation purposes and the Grant Agreement. b. Grantor approves ecological forest management activities for forest restoration, enhancement and health that benefit habitat functions under a mutually approved Page 7 of 7 Stewardship Plan. c. Grantor shall provide access by Grantee to inspect the Quimper East property and the Quimper West property for compliance with the terms of this Deed of Right and the applicable Grant Agreement to which Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Grant Agreement, by written agreement with Grantee,or under state law. d. Grantor warrants it has and shall maintain the legal right and means to reach the Quimper East property and the Quimper West property. e. Without prior written consent by Grantee or its successors, through an amendment to the Grant Agreement or the process set forth below, Grantor shall not use or allow any use of the Quimper East property and the Quimper West property(including any part of it)that is inconsistent with the conservation purposes granted in this Deed of Right and as stated in the Grant Agreement. f. Grantor shall not grant or suffer the creation of any property interest that is inconsistent with the conservation grant purposes granted in this Deed of Right and as stated in the Grant Agreement or otherwise approved in writing by Grantee. 14. Grantee's consent to an inconsistent use or property interest under this Deed of Right shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (a)the substitute conservation land must be of reasonably equivalent habitat qualities, characteristics and location for the conservation purposes as the Quimper East property and the Quimper West property prior to any inconsistent use; (b) the substitute conservation land must be of at least equal fair market value to the Quimper East property and the Quimper West property at the time of Grantee's consent to the inconsistent use;and,(c)the fair market value of the Quimper East property and the Quimper West property at the time of Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such encumbrances or alterations reduce the value of the Quimper East property and the Quimper West property from what it would be without them. 15. For purposes of this Deed of Right,the Grant Agreement includes any amendments thereto that occur prior to or subsequent to the execution of this Deed of Right. 16. This Deed of Right contains covenants running with the land and shall be binding upon Grantor, its successors and assigns, and upon any person acquiring the Quimper East property or the Quimper West property, or any portion of them, or any interest in them, including a leasehold interest, whether by operation of law or otherwise. If Grantor sells Page 7 of 7 all or any portion of its interest, the new owner of the Quimper East property or the Quimper West property or any portion of them (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed of Right. 17. This Deed of Right may not be removed or altered from the Quimper East property or the Quimper West property, or the Quimper East property and the Quimper West property further encumbered,or any property rights in or appurtenant to the Quimper East property and the Quimper West property transferred or sold, unless specific written approval has been granted by Grantee. 18. No sale or transfer of the Quimper East property or the Quimper West property including less than fee conveyance of property interest, or changes to this Deed of Right, shall be made without the written approval of Grantee. Any such sale or transfer of any property interest or rights in the Quimper East property and the Quimper West property,or changes to this Deed of Right, or the recording of any encumbrance, covenant, etc. upon the Quimper East property and the Quimper West property shall be void when made unless approved in writing by Grantee and made part of the Grant Agreement by amendment. 19. Grantee shall obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby. 20. Grantee shall have an independent right to enforce the terms of this Deed of Right. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW Page 7 of 7 GRANTOR: Jefferson County By: Name: Title: Dated this day of ,20 STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledge it as the authorized representative for Grantor,Jefferson County,a municipal corporation,and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in . My commission expires . REMAINDER OF PAGE IS INTENTIONALLY BLANK;ADDITIONAL SIGNATURE PAGE FOLLOWS Page 7 of 7 GRANTEE: JEFFERSON LAND TRUST By: Name: Title: Dated this day of ,20 STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledge it as the authorized representative for Jefferson Land Trust and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in My commission expires Page 7 of 7 EXHIBIT A LEGAL DESCRIPTION FOR QUIMPER EAST Portion of Section 33, T3 I N, R 1 W Jefferson County, Washington Government lot 5 of Section 33, Township 31 North, Range 1 West, Willamette Meridian, Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown and described by that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123- 128, under Auditor' s File No. 387842, Jefferson County records. LEGAL DESCRIPTION FOR QUIMPER WEST Portion of Section 32, T3 I N, R I W Jefferson County, Washington The SE 1/4 of the S W 1/4 and the SW 1/4 of the SE 1/4 of Section 32,Township 3 1 North,Range I West, Willamette Meridian, Jefferson County, Washington, according to U.S. Government subdivision procedures, TOGETHER WITH Lots I , 2, 3, 4 and 5 of B lock 72 of the Supplementary Plat of Captain Tibbals Lake Park, according to the plat thereof recorded in Volume 2 of Plats at Page 3, records of Jefferson County Washington. Page 7 of 7 EXHIBIT B PROPERTY MAP / I ■ ■ a • 101333002 ■ I Rainshadow Dr r • ■ , ■Stillpoint Ln Sutter St 1 E.E ■ ■ 101323004 I 101324001 ■ I MI w ■ • • .111 999007201II HL DO `tea o z n ' l a m, Flicker R w zHE �� Je� nse�s!_ N W ■a'' E w e HHH c 1 --Ira U Cook t J ti 1s ki I 1 IV 1 1-1 -, Quimper Trust Land Transfer Project(107 ac) Map created 4/18/25 by Jefferson County Page 7 of 7 Exhibit F Preliminary Interim Stewardship Plans Quimper Trust Land Transfer Project(2022) 20 Quimper East Preliminary Interim Stewardship Plan I.; f � w•.•6 1 F =% , '^ P `fit : I V, I -1. Y k V k . . •.,� -:- N � 't • . .41 -�h h y, e. •4 i -- +"' .% 4-14Z d 'K , t -♦ ^ ''fir . . ., , ' ‘ a=.,I r. y- a **� "r - j t~ 1. Photo from December 11, 2020 Prepared by: Carrie Clendaniel, Preserve Manager This plan date:March, 2023 Scheduled update:March,2024 *,„fi Jefferson Land Trust rEtA V,, 1033 Lawrence St 4.0.4 i►" Port Townsend,WA 98368 r i " www.saveland.org ANL) TRUST 360-379-9501 JEFFERSON LAND TRUST QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 Property Summary Information This is a preliminary interim stewardship plan that includes basic property information,conservation purpose statement, management goals,and the anticipated stewardship roles existing and to be adopted by Jefferson Land Trust and by Jefferson County as they relate to the long-term conservation of this property. Preserve Name Quimper East Preserve Planning period April 2023-March 2024 Parcel #(s) 101 333 002 Total acreage 30.0 acres This property was leased to Jefferson County by DNR in 2009 under the Trust Land Transfer program administered by the Washington State Legislature. Jefferson County anticipates permanently acquiring these properties per the terms of the Trust Land Transfer program in summer 2023. Jefferson Land Trust currently stewards these properties with the support of community volunteers per the signed 2009 Stewardship Agreement between the Land Trust and Jefferson County (2009).The Land Trust anticipates continuing to provide ongoing stewardship under the guidance of a new long-term stewardship plan,along with an updated Stewardship Agreement that outlines roles and responsibilities. Both documents will be developed by the Land Trust and provided to Jefferson County for review and approval within a year of property acquisition by Jefferson County. Acquisition information The conservation purpose of this property is to provide ecological and the potential for social (recreational, educational) benefits. Conservation Purpose JEFFERSON LAND TRUST PAGE 2 QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN- 2023 Wildlife corridor and habitat refugia Ecological Functions and Processes This property is part of the 3.5-mile long "Quimper Wildlife Corridor" project area-a long-standing wildlife habitat, wetland protection, and non-motorized trail conservation project led by Jefferson Land Trust,the City of Port Townsend, and Jefferson County. Ecological Features The overall desired future condition of this site is a structurally-diverse forest of primarily native species that supports wildlife corridor and refugia functions, as well as the potential for public access. Desired future condition 1. Enhance structurally-and species-diverse forest to maintain or improve native wildlife corridor and refugia functions. 2. Maintain or enhance protected conservation Management Goals values over time. - Jefferson Land Trust to develop a long-term Stewardship Plan and provide to Jefferson County for mutual approval within 1 year of the date of acquisition - Jefferson Land Trust to draft and provide to Jefferson County an updated Stewardship Agreement that outlines the roles and responsibilities of Land Trust and County, within 1 year of the date of acquisition - Jefferson Land Trust to continue stewardship of these properties with the support of community volunteers, including undertaking tasks such as trash pickup, informational signage installation, and regular monitoring of conservation values as per the Management Objectives for this planning existing Stewardship Agreement (2009) until an period updated Agreement is approved by both parties Conifer upland forest Management Zones JEFFERSON LAND TRUST PAGE 3 QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN- 2023 At-least annual qualitative monitoring is currently undertaken by Jefferson Land Trust representatives. Monitoring From Cook Ave in Port Townsend,turn onto Elmira St. Travel travel approximately 0.7 miles-the conservation property is on the left. Driving Directions Site Hazards None known The north property boundary is delineated by private Lands End Ln and the east property boundary by public Elmira St. The south and west boundary is marked by orange DNR carsonite posts. Upon acquisition Jefferson Land Trust would install additional boundary marking signage as agreed upon with Jefferson County. Boundaries There are no developed public trails or parking at this Public Access conservation property. These properties are in the traditional territories of the S'Klallam and Chemakum peoples. These lands were also previously owned and managed by Washington State Department of Natural Resources (DNR)for the purposes of timber production. The current forest initiated as an even-age stand in 1919; subsequent even-aged harvests were anticipated by DNR in the 1990s Land Use History but never undertaken. This property is nearly level except for an east-west slope of up to 10 degrees near the southern property boundary. The property is approximately 260 ft above sea Topography level. Soils consist primarily of Clallam gravelly sandy loam, 0-15 percent slopes.The southeast quarter of the property consists of Cassolary sandy loam, 0-15 percent slopes. Clallam gravelly sandy loam soils are well drained,with moderate permeability above a cemented layer. Soils are Geology/Soils seasonally saturated. Roots can penetrate 20-40 inches. JEFFERSON LAND TRUST PAGE 4 QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 A pocket forested wetland area exists in the northwest property corner. Hydrology None Infrastructure A largely even-aged stand of small diameter, suppressed Douglas fir with Western redcedar,salal, Oregon grape, Characteristic flora and sword fern Black-tailed deer, bobcat, mountain beaver, pileated Characteristic fauna woodpecker, blackcap chickadee. JEFFERSON LAND TRUST PAGE 5 QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 �{ . , �` cam` may, f ,. - n ;,� a . .i at ), �i x gfiyti �j ` is _V �; % S ieV: ` 'i tri li+l ' .it ^'Y ` 4:, y ). •1•ha "i 'N ,%-.,.' .,,0 F•y! $t'. tr �.i ff�� y ti, 1 't r f i,r� Yet F+F I ,f " 1 1 .} �� i i'b.', ':r ,yid _�t _ - t f; _ �,y -i ;„4 }A '� ,¢v'4, l I' Bey [ t -!`�,` X • .w;t _ v ,-i_ f i - iz�f[i or .1. L^ -.- • _ e/ f„4i tom. •:r T'ti-� !� i}1t `,. A. � ?-- - .' s -i. :�,f r 4Y r...kY',.+ t. �'!� :� • o` - . ` y+ \ 7. -fr® - a ry, !t ' 24'1 • - T f !i Jl-yA .. ,� I• +4�1i � 1.Representative forest conditions of even-aged Douglas fir and dense patches of salal tm 1 7 t , ' 'aY ' 1 % % . ` 144,,� 3 ' 1 -t ,$ i BAR A. +l.+,4� {1M ,1 1i 1 . �21i 14 Ph t t S YY 2.Representative forest area of smaller-diameter Douglas fir with intermixed Western redcedar above dark understory of patchy salal JEFFERSON LAND TRUST PAGE 1 QUIMPER EAST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 ~_ ,„------- — Trails approximate J location Temporarily protected and i O monitored by Jefferson Land Trust _ M' ; 141r'' Public conservation .,t .,l1 ; and f Parcels f • rAM 7rarv:illf,:. ,• Lands End Ln " s. * y•i,__ r , . . *4..01.1-1-7 , .,0.,_,Ik. ..,„.... .., .... . . .,... • .: . , 4,-.., - ..1,• ,.... .... , ...... 4 , .....„...;, .„, , . . to • 0 ' . „Igo,'" . �.r.� I�w ' r. Mw' .. ' '' .4.00 ... - fF`,' A4fr, , . ...* ~.l 'i. _ :tilt. ,. ,47:004 40-_-.,IS AA .,..444054.11r „Jr I� .. 7 Quimper East 1 ' 4 •.4........"' r 4,..-dir,,....A,,,. 1,..or_,-, , ......... „of .--.- - -� • Rq ti , r �! 4. 1 .,...tNw •t' 1, 1/l x. Rainshado Dr ^ .s.1/ .,.:.a ".,dr.....,' , ?. ,. sp• ,r '+ r.„a►�' sIi . I • - II i IF w ,. tia Al 1 "., 1111r/17.., ill. 1 r • st ._ wy - - -- III 1 I - - I I � I 0 40C aoa Quimper East 1 1 IFeel Airi`i. t For informational purposes only.All / 0'Y0'N.A data represented are from varying .....\ ��ur:i� sources and approximate. RUST Map created in March 2023 N TRUST Quimper West Preliminary InterimStewardship Plan A.., .,, ... sg- ,...,, e-- mto ',,a -, , !' sN4, . -.',..: ''''' :%'' ii..5:4;.'1' ) 1.7: '.ik''''''', -' Ik''' \ in'# ;•-• '1'''' --- '-- '''''' i'l: - '' . - V4,:g•-(b jkl''4,'f4ifi .'4'. ''' ', , 2VAk 44' li'S V - . k i .-'6),-17,.\•, .',• --4,--....,:t. 1‘.'7-^'.-111,:et,' '.. t4.,i=,,,,i-#,;,,-.. 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Cf.4.,;,,;‘!:-.,.• --Iry -..44‘.--'•It'lr-40S4,";17*1 , '''z -'4.1.*.lt-,i':44.- : ,..-, ,—,t0.5:: -4:::(,::: i , •/ ,, „Ai „:,,,,,,,?`-'i 1./ - •-,i''„ 4f ',Ni,„ ''. .,,, 4,-,.,a.-,'-., , L,k,,,..-•' _ ,‘.... :7, '16*ir,r Photo from May 28, 2021 Prepared by: Carrie Clendaniel, Preserve Manager This plan date:March, 2023 Scheduled update:March, 2024 , Jefferson Land Trust ,,, -,-,--) 1033 Lawrence St Port Townsend,WA 98368 * • www.saveland.org TRUST 360-379-9501 JEFFERSON LAND TRUST QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 Property Summary Information This is a preliminary interim stewardship plan that includes basic property information,conservation purpose statement, management goals,and the anticipated stewardship roles existing and to be adopted by Jefferson Land Trust and by Jefferson County as they relate to the long-term conservation of this property. Preserve Name Quimper West Preserve Planning period April 2023-March 2024 Parcel #(s) 101 323 004, 101 324 001,and 999 007 201 80.0 acres "Quimper West"and 0.8 acres nearby "Baby Total acreage Quimper" This property was leased to Jefferson County by DNR in 2009 under the Trust Land Transfer program administered by the Washington State Legislature. Jefferson County anticipates permanently acquiring these properties per the terms of the Trust Land Transfer program in summer 2023. Jefferson Land Trust currently stewards these properties with the support of community volunteers per the signed 2009 Stewardship Agreement between the Land Trust and Jefferson County (2009).The Land Trust anticipates continuing to provide ongoing stewardship under the guidance of a new long-term stewardship plan,along with an updated Stewardship Agreement that outlines roles and responsibilities. Both documents will be developed by the Land Trust and provided to Jefferson County for review and approval within a year of property acquisition by Jefferson County. Acquisition information The conservation purpose of this property is to provide ecological and social (recreational, educational) benefits. Conservation Purpose JEFFERSON LAND TRUST PAGE 2 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN—2023 Wildlife corridor and habitat refugia Ecological Functions and Processes Mature trees,structurally and species diverse forest, established non-motorized trail network.These properties are part of the 3.5-mile long"Quimper Wildlife Corridor" project area—a long-standing wildlife habitat, wetland protection, and non-motorized trail conservation project led by Jefferson Land Trust,the City of Port Townsend, and Jefferson County. Ecological Features The overall desired future condition of this site is a structurally-diverse forest of primarily native species that supports wildlife corridor and refugia functions, as well as public access. Desired future condition 1. Enhance structurally-and species-diverse forest to maintain or improve native wildlife corridor and refugia functions. 2. Provide access for low-to moderate-impact public, educational, and scientific use. 3. Maintain or enhance protected conservation values over time. Management Goals - Jefferson Land Trust to develop a long-term Stewardship Plan and provide to Jefferson County for mutual approval within 1 year of the date of acquisition - Jefferson Land Trust to draft and provide to Jefferson County an updated Stewardship Agreement that outlines the roles and responsibilities of Land Trust and County, within 1 year of the date of acquisition - Jefferson Land Trust to continue stewardship of these properties with the support of community volunteers, including undertaking tasks such as trail maintenance, noxious weed removal,trash pickup, informational signage installation, and Management Objectives for this planning regular monitoring of conservation values as per period the existing Stewardship Agreement (2009) until JEFFERSON LAND TRUST PAGE 3 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN—2023 an updated Agreement is approved by both parties Mature mixed conifer upland forest—Quimper West, Mature mixed conifer upland forest—Baby Quimper Management Zones At-least annual qualitative monitoring is currently undertaken by Jefferson Land Trust representatives. Monitoring Travel on Hastings or South Jacob Miller Road.Turn onto N.Jacob Miller Road and travel approximately 0.7 miles. The orange access gate/gravel parking area for a couple cars and sign will be on the left. Driving Directions Site Hazards None known The north property boundary of the Quimper West zone is delineated by Juan de Fuca Road,the east boundary is North Jacob Miller Rd., and the west boundary extends to Middlepoint Rd. Portions of the north and south boundaries are marked by orange DNR carsonite posts, and by Jefferson Land Trust "Leaving the Preserve" signs where established trails exist the conservation property. Upon acquisition Jefferson Land Trust would install additional boundary marking signage as agreed upon with Jefferson County. Baby Quimper is unsigned at this point. Upon acquisition Jefferson Land Trust would install additional boundary marking signage as agreed upon with Jefferson County. Boundaries Public pedestrian, bicycle, and horse access is welcome Public Access on designated trails from dawn to dusk. These properties are in the traditional territories of the S'Klallam and Chemakum peoples. Land Use History JEFFERSON LAND TRUST PAGE 4 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN—2023 These lands were also previously owned and managed by Washington State Department of Natural Resources (DNR)for the purposes of timber production. The last harvest was a selective thinning undertaken by DNR in 1997. These properties are nearly level. Quimper West also contains a gently to strongly sloped (3-10 degrees) area in the southern half of the property draining to the northeast, and a gently sloped area in the northern half of the property facing south,creating a gentle depression in an easterly direction. The property is approximately Topography 200 ft above sea level. Soils across all areas consist primarily of Clallam gravelly sandy loam, 0-15 percent slopes.A small area in the southwest corner of the Quimper West zone consists of Hoypus gravelly sandy loam,0-15 percent slopes. A pocket of Dick loamy sand,0-15 percent slopes exists along the northern Quimper West boundary.An area of Swantown gravelly sandy loam, 0-8 percent slopes, exists in the eastern half of Baby Quimper. Clallam gravelly sandy loam soils are well drained, with moderate permeability above a cemented layer. Soils are Geology/Soils seasonally saturated. Roots can penetrate 20-40 inches. Vernal pools and wet forest areas form seasonally. Hydrology Approximately 2.3 miles of established trails traverse Quimper West from N Jacob Miller Rd to Middlepoint Rd. The property also has a gravel parking area along the public access point at N Jacob Miller Rd suitable for 2-3 vehicles, a metal gate blocking vehicular access to the trail system, and a wooden sign kiosk. Infrastructure Douglas fir, Western redcedar, Western hemlock,salal, red elderberry, rhododendron, oceanspray, sword fern, Characteristic flora trailing blackberry JEFFERSON LAND TRUST PAGE 5 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN- 2023 Black-tailed deer, bobcat, mountain beaver, pileated Characteristic fauna woodpecker, varied thrush, and purple finch. JEFFERSON LAND TRUST PAGE 6 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN—2023 1 + n A; i F 1- 4 74 • N ,,,t ry "k'_,, yes... 1 1 -.fir .=..t• ,- ' ( 1.Quimper West-Land Trust representatives monitoring current forest conditions //�� �,,a 4. • k , • a te, " � '' �j ;. - ,. , p . ' ) ,%.'atery 'b :..�.y - k -" :! ;vim '- ^' -- J—: a / / P. ''a--- {{• ti ., \ma y_ \ I 2.Quimper West-representative conditions of well established structural and species diversity JEFFERSON LAND TRUST PAGE 1 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 ` ‘. t .- Y'.• ‘4 �•i�11 ` 't 'r 5„ -t.''3'`"' t+ / y k N F, Y ..al !I f -- • : --44 _ .::401....f., - le: - ..„,.___, 4 ... , , y I ;_.. • a4. • x. --I- `^r d 1 7 f t y , r 3.Quimper West-development of wildlife habitat features such as standing snags ' ` 0 r �' n � . : tt t •Ir s •� a _l ' 'i' •.-,;:',,‘ i� i'' cer F'•4'li; i�L 1 $ • i �i qlt ', eA { ! rM3 '� 51 S v +,-w, f, .sues +. . • r 'c- .z o- _ �6e11t ,rEy tit t 1' F"i. . a }4: z, -."R, ,a ;'-,y t a 4 �V'ji ,,' ' ', `f��q�"^�. 1 • � e tAt�1i �4ty � ��i� �i t � `- � } '• i I�' �Y Y „c � T _a�i � ° 'rat s'. r I2eYe nti x t iJ f s fi2' S t'' 'l�r rt ♦1 ,, ., °••,.„ k6� %7 ' ,. �i�,,,t„e. -t'- Oc t Ea, �' ''��; � R ^:� .b a,�'. `�^ Kar'a�-♦ i ,a� ��G,, eat fir- --- ` ,¢ Y�+,•/!' �,,, ..r Sa ay i' � i ., . .4,,, ' -,.. .1t,,,/f4-,,, ,!Mircol _/• N.iT`1- 'r _r4soi.. ,ww ,imr,s:- \'6�.px' 4.Quimper East-representative forest and open patch conditions JEFFERSON LAND TRUST PAGE 2 QUIMPER WEST PRELIMINARY INTERIM STEWARDSHIP PLAN-2023 Trails-approximate location Jefferson Land Trust . 36. Preserve Temporarily i proted �. 0 monitoredcte byand q�ci Jefferson Land Trust Ii Jefferson Land Trust C--1 Conservation Easement Parcels ' - -411 4fit .--I "......it IPMIllr' eilr''. �L ILiti AI .0.. , ...,,..5. r , e" i.. V. "Quir�p -West : _ :� '� - 1111 .ir ,, .a►, '` ?4r ?1s'k�� ,. , .°'� � •/.� Baby Quimpel� matizie le [ ,,� .. _ , \ . Wildlife [ - 1 .�� 'Y __ ; ,, sy ,- ‘ orridor :� I E i .., per:iimaimmia I . III[ J I- 1at + I I 00 Quimper West 1 IFeet (40.-1,---Z*Ift.t1 For informational purposes only.All i \ or +�V''4►; data represented are from varying i�\1 �Nr5 sources and approximate. N TRUST Map created in March 2023 Exhibit G Draft Stewardship Agreement Quimper Trust Land Transfer Project(2022) 21 STEWARDSHIP AGREEMENT Between Jefferson Land Trust ("JLT") and Jefferson County ("the County") THIS AGREEMENT is entered into between the Jefferson Land Trust (hereinafter referred to as JLT), and Jefferson County (hereinafter referred to as the County), for stewardship activities in support of open space and habitat preservation. RECITALS Whereas,JLT's mission is to work with the community to preserve open space,working lands, and habitat forever; and Whereas, Jefferson Land Trust has been working since 1995 to protect the Quimper Wildlife Corridor as a corridor linking critical habitat areas, in accordance with the Growth Management Act (GMA)goal of protecting such critical areas; and Whereas, Jefferson County has purchased the Quimper West and Quimper East properties in order to protect the open space and habitat functions of the two properties described herein; Now,therefore,the parties to this Agreement agree to the following: k Obligations: JLT hereby agrees to support Jefferson County's willingness to preserve and protect these lands of important habitat and public open space values as follows: • By reviewing the condition of the two properties described herein within ninety (90) days of the date of the execution of this Agreement. • By creating management plans for these two properties within 150 days of the execution of this Agreement, to be approved by Jefferson County, that guides ongoing stewardship activities to be undertaken by JLT and the County as identified in this Agreement. • By periodically (not less than once every twelve months) undertaking monitoring the condition of these properties as conditions relate to the conservation purpose and long-term management goals and delivering an annual written monitoring report to the County staff identified. • If cleanup, noxious weed control, or other stewardship activities such as trail maintenance consistent with the approved management plans are needed,JLT will,to the best of its capacity, address the concerns with the help of community volunteers. At its option, Jefferson County may assist with these activities. • If other stewardship concerns, such as hazard tree removal or sign installation are needed that are not identified in the approved management plan or are beyond the scope of available JLT EH-25-037 volunteer capacity,JLT will notify Jefferson County staff.At its option,Jefferson County may address these stewardship concerns • JLT will post the properties as appropriate with signage approved by or provided by Jefferson County intended to discourage vandalism, garbage dumping,and resource theft. • JLT shall immediately notify the County upon discovering conditions that potentially threaten the important habitat and/or public open space values protected. 2. Indemnification JLT 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 JLT's own employees, or damage to property occasioned by a negligent act, omission or failure of JLT. JLT shall be liable only to the extent of JLT's proportional negligence. JLT specifically assumes potential liability for actions brought against the County by JLT's employees or volunteers, including all other persons engaged in the performance of any work or service required of JLT under this Agreement and,solely for the purpose of this indemnification and defense, JLT specifically waives any immunity under the state industrial insurance law,Title 51 RCW.JLT 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. Insurance JLT shall secure and maintain in force throughout the duration of this Agreement policies of insurance as follows: Workers Compensation Insurance. If and only if JLT 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 JLT, 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 JLT 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 JLT'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; 2 b. Personal Injury Liability, including extended bodily injury; 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 JLT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. JLT 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 JLT to take out or maintain any required insurance shall not relieve JLT 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 JLT. 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 JLT until such time as JLT shall furnish additional security covering such judgment as may be determined by the County. 3 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. 48.62 RCW shall be non-contributory with respect to any policy of insurance JLT 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 JLT 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 JLT to obtain the full text of that endorsement and forward that full text to the County. The County may, upon JLT's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to JLT. For the avoidance of doubt,the obligations in this section shall survive the expiration or termination of this Agreement. 4, Subject Properties: This Agreement covers each property below: Ouimper East Portion of Section 33, T31N, RI W Jefferson County, Washington Land Description: Government lot 5 of Section 33,Township 31 North, Range 1 West, Willamette Meridian,Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown and described by that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123-128, under Aud itor's File No. 387842, Jefferson County records. APN 101333 002 Ouimper West Portion of Section 32, T31N, RI W Jefferson County, Washington Land Description: The SEl/ 4 of the SWl/4 and the SWl/ 4 of the SEl/4 of Section 32, Township 31 North, Range 1 West, Willamette Meridian, Jefferson County, Washington, according to U.S. Government subdivision procedures, APN 101323004 and 101324001 TOGETHER WITH Lots 1,2, 3, 4 and 5 of Block 72 of the Supplementary Plat of Captain Tibbals Lake Park, according to the plat thereof recorded in Volume 2 of Plats at Page 3,records of Jefferson County Washington. APN 999 007 201 4 5. Term: This Agreement shall become effective after the execution of the Stewardship Agreement and shall expire ten (10) years from the date of signing, when at that time both parties can discuss updating or extending this Agreement. 1 Amendments: The parties to this Agreement may, through a writing approved and executed by both parties, amend this Agreement. Z Contacts fur Agreement Jefferson County: County Administrator JPeters@co.jefferson.wa.us (360) 385 9100 Jefferson Land Trust: Preserve Manager info@saveland.org (360) 379-9501 APPROVED AND ADOPTED this day of , 2025. ]SIGNATURE PAGE FOLLOWS] 5 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST Board of County Commissioners Jefferson County, Washington By: By: Heidi Eisenhour, Chair Signature By: Name: Greg Brotherton,Commissioner Title: By: Date: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Gallaway, Clerk of the Board Approved as to form only: Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 6