HomeMy WebLinkAbout060418_ra02b Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Patty Charnas, Director, Dept. Community Development
DATE: June 4,2018
SUBJECT: Continued Deliberation and Potential Adoption of Development Agreement
for the Pleasant Harbor Master Planned Resort
STATEMENT OF ISSUE:
The Board established a public comment period of February 7 through April 13, 2018, and
held a public hearing on April 9, 2018, on proposed development regulations and a proposed
development agreement for the Pleasant Harbor Master Planned Resort(MPR). This meeting
will continue the Board's deliberations on those items, with a focus per this agenda request, on
the proposed development agreement.
Staff wishes to bring forward and discuss a proposed ordinance containing the development
agreement. At the direction of the Board during its deliberations on May 21, 2018 upon
consideration of the public feedback and comments, staff is proposing minor revisions to the
ordinance's development agreement for the Board's further deliberation and potential
adoption.
ANALYSIS:
A public comment period was established by the Board between February 7, 2018 and April
13, 2013 and a public hearing held April 9, 2018 on the proposed development agreement,
adopting ordinance and staff report. There were comments that addressed specific content of
the development agreement and staff has considered those comments and has analyzed
information to provide suggested revisions to the Pleasant Harbor MPR development
agreement in the draft ordinance attached to this agenda request. The draft ordinance reflects
the Board's public hearing process.
Staff believes this is the appropriate next step to discuss with the Board in support of the
Board's on-going deliberations on the Pleasant Harbor development regulations and
development agreement.
FISCAL IMPACT:
Regular Agenda
There is no fiscal impact related to the presentation or action.
RECOMMENDATION:
Review the proposed revisions to the Pleasant Harbor development agreement and adopting
ordinance as part of the Board's continued deliberations. The Board could take action at its
meeting on June 4, 2018, to adopt the ordinance for the development agreement as proposed or
with further revisions, or could defer action and continue deliberations.
REVIEWED BY:
_ 7 /(g.'
' dip Mo iwifount • : - ' • or Date
STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting a Development )
Agreement for the Pleasant Harbor Master))
ORDINANCE NO.
Planned Resort )
WHEREAS,the Board of County Commissioners for Jefferson County, a municipal corporation
of the State of Washington("the Board") constitutes the legislative body for Jefferson County
("the County"); and
WHEREAS,the Washington State Legislature enacted RCW 36.70B.170-.210 to strengthen the
land use planning process and reduce the costs of development by authorizing the County to
enter into an agreement with a landowner regarding the development of its real property located
within the County's jurisdiction; and
WHEREAS,Jefferson County Code("JCC")Title 18 provides guidance on the process and
procedures for entering into development agreements; and
WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive
plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres
located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson
County.The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan
and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master
Planned Resort("MPR")would be"a self-contained and fully integrated planned unit
development, in a setting of significant natural amenities with primary focus on destination resort
facilities consisting of short-term visitor accommodations;"and
WHEREAS, Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic
environmental impact statement was issued on November 27, 2007 as Final Environmental
Impact Statement for the Brinnon(also referred to as the Pleasant Harbor Marina and Golf
Resort)Master Planned Resort; and
WHEREAS, Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management
Hearings Board which determined that: "The environmental impacts of this project were studied
at an appropriate level of detail,with provision for further environmental review at the project
level stages of development;"and
WHEREAS, an appeal of the decision of the Growth Management Hearings Board ended in
2011, after it was first affirmed by the Thurston County Superior Court and,then the Court of
Appeals; and
WHEREAS, Ordinance 01-0128-08 included a finding that any future site planning, building and
development of the Pleasant Harbor MPR will be consistent with"all GMA-derived development
regulations relating to GMA critical areas and all on-site and off-site infrastructure and service
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impacts ... will be mitigated as the MPR is implemented first through a development agreement,
internal zoning map and internal zoning code, then through plat and permit review and possible
issuance of permits and,with all the prior items accomplished, finally with the issuance of building
permits;"and
WHEREAS,all of the findings,conclusions and the conditions listed in paragraph 63 of Ordinance
01-0128-08 are incorporated herein; and
WHEREAS, on February 5, 2018, the Board approved a hearing notice published on February 7,
14 and 28, 2018, setting a public hearing on April 9, 2018 on the staff proposed revisions to
Planning Commission recommended development regulations for Pleasant Harbor MPR and
establishing a public comment period beginning February 7, 2018 accepting written public
comments up and through the end of the public hearing; and
WHEREAS, on April 9, 2018, following timely and effective public notice and in accordance
with JCC 18.45.090, the Board held a public hearing on staff-proposed revisions to the Planning
Commission recommended development regulations during which seventy-five (75)verbal
comments were received and after which the Board made a motion to extend the public comment
period to accept written public comments t until 4:30 pm on April 13, 2018; and
WHEREAS, the Board received public testimony and began deliberations on the hearing record,
including 282 pieces of written testimony and verbal testimony from 75 members of the public;
and
WHEREAS, on May 21, 2018, following timely and effective public notice, a staff report was
presented to the Board to assist the Board's deliberations that included a matrix that documented
of the 282 written comments and 75 verbal comments received during the Board public comment
period and based on the record, the Board gave staff direction to staff to negotiate with the
developer on specific issues outlined in the staff report;; and
WHEREAS, negotiations with the developer resulted in improvements to the development
agreement as follows:
1. The Term of the Development Agreement. The developer agreed to a maximum 45
year term, or 5 years after the build out is complete,whichever is sooner. This
addresses comments prior draft of the development agreement created a perpetual
term,while giving reasonable assurances that the build out will be complete before
the term of the development agreement runs out; and
2. The Wildlife Management Plan. The developer agreed to key changes that respond
to comments The changes require:
a. Blinking Signs to Warn Drivers of Elk Crossings near the MPR. The changes
require that the developer pay for installation of signs with blinking lights on
Highway 101 (similar to those in Sequim), at either end of the MPR, that would
be triggered when elks who have collars that turn on the lights pass nearby. The
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developer also agreed to provide$10,000 to reimburse WDFW for collars and
other parts of the system; and
b. An Elk Exclusion Fence. The changes require installation by the developer of an
elk exclusion fence on the West side of the MPR, in consultation with the
Washington Department of Fish and Wildlife and affected tribes prior to fence
construction; and
c. Non-Lethal Removal of Wildlife. The changes require that wildlife that end up on
the MPR shall not be destroyed by the Developer, except where the animal poses
a threat to human health or safety. This was another key recommendation
received in public comments.
3. The Water Quality Plan. The Water Quality Plan was revised to provide a
mechanism to require investigation and remediation of any chemicals and fecal
coliform that might be released from the MPR, after detection in the sentinel
wells. This is responsive to public comments regarding the need for a specific action
plan in the event of a polluting activity originating from the MPR; and
WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR
contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and
maintain good working relationships with area tribes and in recognition of Washington
Governor's Office of Indian Affairs guidelines on government-to-government consultations
between federally recognized Indian tribes and the State of Washington in order to respect the
sovereign status of the parties, enhance and improve communications, and facilitate the
resolution of issues, the County consulted with affected tribes seeking to substantially address
and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor
MPR; and
WHEREAS, government-to-government consultations related to the environmental review,
planning, development standards and development agreement of the Pleasant Harbor MPR and
tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal
cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have
continued through to the present, the documentation of which is hereby incorporated into the
record; and
WHEREAS, the Board finds that opportunities provided for government-to-government
consultations and for citizen participation used in the preparation of these proposed amendments
to Title 17 and 18 JCC are consistent with the requirements of the Governor's Office of Indian
Affairs guidelines, GMA, the State Environmental Policy Act and Ordinance 01-0128-08; and
WHEREAS, the Pleasant Harbor Master Planned Resort, LLC ("Developer") is the owner of real
property consisting of approximately 237.88 acres located within at Black Point Peninsula in
Brinnon, Washington, and proposes to establish a development there as a master planned resort;
and
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WHEREAS, the purpose of this Ordinance is to specifically adopt the Pleasant Harbor MPR
development agreement and incorporate the record supporting all other related Pleasant Harbor
MPR reports, findings, conclusions, items of record, internal zoning map and mitigation
measures, as analyzed in the Final Supplemental Environmental Impact Statement("FSEIS")
published on December 9, 2015; and
WHEREAS, the development agreement is the best vehicle to substantially address and, to the
maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and
WHEREAS, the development agreement contains 31 separate attachments necessary to comply
with state law,the JCC and, Jefferson County Ordinance 01-0128-08; and
WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety
to enter into the development agreement.
NOW THEREFORE be it ordained:
Approval of Development Agreement
The Development Agreement is approved and the Board is authorized to sign it on behalf of the
County.
Effective Date
This ordinance is effective immediately upon adoption.
APPROVED and ADOPTED this day of , 2018.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
ATTEST:
Kathleen Kler, Member
Carolyn Gallaway Kate Dean, Member
Deputy Clerk of the Board
Approved as to form only:
(1� e. ! 6///,
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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May 31, 2018December 14, 2017
DRAFT
DEVELOPMENT AGREEMENT
BY AND BETWEENJEFFERSON COUNTY,
WASHINGTON AND PLEASANTHARBOR
MARINA AND GOLF RESORT, LLP
RELATING TO THEDEVELOPMENT
COMMONLY KNOWN AS THEPLEASANT
HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
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May 31, 2018December 14, 2017
Table of Contents
DEVELOPMENT AGREEMENT.....................................................................................1
1RECITALS.................................................................................................................1
2EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD.......................................2
2.1Effective Date................................................................................................2
2.2Term...............................................................................................................2
2.3Build-Out Period............................................................................................2
2.4Modification...................................................................................................2
2.5Exhibits and Appendices................................................................................2
3THE PROPERTY AND THE MASTER PLAN........................................................2
3.1The Property Description...............................................................................2
3.2The Master Plan Components........................................................................2
4NATIVE AMERICAN TREATY RIGHTS...............................................................3
4.1Protection of Native American Treaty Rights................................................3
4.1.1Protection of Fishing Rights.........................................................................3
4.1.2Protection of Hunting Rights........................................................................3
4.2Preservation of Native American Treaty Rights............................................3
5RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE......................3
6PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY.............4
6.1Recognition of Significant Nearby Natural Resources..................................4
6.2Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources.............................................................................4
7RESERVATION OF POLICE POWER OF THE COUNTY....................................4
7.1Police Power..................................................................................................4
7.2Reservation of County Authority...................................................................4
8DEVELOPMENT STANDARDS..............................................................................5
8.1Permitted Uses and Density Standards; Zoning.............................................5
8.2Planning Goals and Objectives......................................................................5
8.3Stormwater Standards....................................................................................5
8.3.1Stormwater Subject to Best Management Practices and the County’s
Stormwater Management Requirements......................................................5
8.3.2Stormwater Management in Public Roads, Rights-of-Way and Easements.5
8.3.3Stormwater Management in Private Rights-of-Ways...................................5
8.4Critical Area Standards..................................................................................5
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May 31, 2018December 14, 2017
8.5Land Division Standards................................................................................6
8.6Shoreline Master Program.............................................................................6
8.7Additional Development Standards...............................................................6
8.8Compliance with Ordinance 01-0128-08.......................................................6
8.8.1Condition 63(e).............................................................................................6
8.8.2Condition 63(f)..............................................................................................6
8.8.3Condition 63(k).............................................................................................6
8.8.4Condition 63(l)..............................................................................................7
8.8.5Condition 63(p).............................................................................................7
8.8.6Condition 63(r)..............................................................................................7
8.8.7Condition 63(s).............................................................................................7
8.8.8Condition 63(t)..............................................................................................8
8.8.9Condition 63(x).............................................................................................8
8.8.10Condition 63(z).............................................................................................8
8.9The Pleasant Harbor MPR Water Service......................................................8
8.10The Pleasant Harbor MPR Wastewater Treatment Plan................................8
8.11Memoranda of Understanding.......................................................................8
8.11.1School Services Mitigation...........................................................................9
8.11.2Fire and EMS Services Mitigation................................................................9
8.11.3Law Enforcement Services Mitigation.........................................................9
8.11.4Transportation Services Mitigation...............................................................9
8.11.5Healthcare Services Mitigation.....................................................................9
8.11.6Housing Mitigation.......................................................................................9
8.11.7Parks and Recreation Mitigation.................................................................10
8.11.8MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08...................10
9STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY
COUNTY..................................................................................................................10
9.1County Processing and Review....................................................................10
9.2SEPA Compliance........................................................................................10
9.2.1Environmental Impact Statement................................................................10
9.2.2Supplemental Environmental Impact Statement.........................................11
9.2.3Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required.......................11
9.2.4Future SEPA Review for Individual Projects.............................................11
9.3Vesting of Development Standards..............................................................12
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May 31, 2018December 14, 2017
9.3.1Scope of Vesting.........................................................................................12
9.3.2Vesting Period.............................................................................................12
9.3.3Default Standards and Requirements..........................................................12
9.3.4State and Federal Law.................................................................................12
9.3.5Building Codes............................................................................................12
10PHASING.................................................................................................................13
10.1Phasing Plan.................................................................................................13
10.1.1Phases Proposed..........................................................................................13
10.1.2Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to
Stand Alone................................................................................................13
10.1.3Phase 1........................................................................................................13
10.1.4Phase 2........................................................................................................13
10.1.5Phase 3........................................................................................................14
10.2Preliminary Facilities...................................................................................14
10.2.1Water System..............................................................................................14
10.2.2Wastewater Treatment System...................................................................14
10.2.3Road Network.............................................................................................14
10.2.4Landscaping................................................................................................14
10.2.5Parking........................................................................................................14
10.2.6County Approval of Preliminary Facilities Required.................................14
10.3Public Amenities and Access.......................................................................15
11INDEMNITY............................................................................................................15
11.1Indemnified Claims......................................................................................15
11.2The Developer’s Obligations.......................................................................15
11.2.1Scope...........................................................................................................15
11.2.2No Waiver of RCW 4.96.020 by the Developer.........................................15
11.2.3Cooperation.................................................................................................16
11.2.4Best Efforts to Obtain Release of the County.............................................16
11.2.5Claims against Both the County and the Developer...................................16
11.2.6The Developer is the Real Party in Interest................................................16
11.3The County’s Obligations............................................................................16
11.3.1Notice..........................................................................................................16
11.3.2Cooperation.................................................................................................17
11.3.3Consent to Counsel Selected by the Developer..........................................17
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May 31, 2018December 14, 2017
11.4Limitations...................................................................................................17
11.4.1No Indemnity for Claims Other than Indemnified Claims.........................17
11.4.2Claims Based on Comparative Fault...........................................................17
12GENERAL PROVISIONS.......................................................................................17
12.1Governing Law............................................................................................17
12.2Binding on Successors.................................................................................17
12.3Assignment...................................................................................................18
12.3.1Right to Transfer, Consent of the County Not Required............................18
12.3.2Obligations of the Developer and Transferee under this Agreement.........18
12.4Release of the Developer’s Liability by Assignment...................................18
12.4.1Transfer and Assumption of All Obligations Under this Agreement
Required......................................................................................................18
12.4.2Results of Effective Assignment.................................................................18
12.4.3Effect of Partial Assignment.......................................................................18
12.5Recording as a Covenant Running with the Land........................................19
12.6Release as to Residential Development.......................................................19
12.7Severability..................................................................................................19
12.8Amendment..................................................................................................19
12.9Headings.......................................................................................................19
12.10Dispute Resolution.......................................................................................19
12.11Default and Remedies..................................................................................20
12.12No Third Party Beneficiaries.......................................................................20
12.13Construction.................................................................................................21
12.14Signature in Counterparts.............................................................................21
12.15Notice...........................................................................................................21
12.16Estoppel Certificates....................................................................................21
12.17Cooperation..................................................................................................22
12.18Voluntary Undertaking................................................................................22
12.19No Waiver....................................................................................................22
12.20No Private CCR Enforcement by the County..............................................22
12.21Entire Agreement.........................................................................................22
12.22No Assignment.............................................................................................23
13REPRESENTATIONS AND WARRANTIES.........................................................23
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May 31, 2018December 14, 2017
List of Attachments
Exhibits:
Exhibit 1 –Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2 –Master Plan Map of the Property
Exhibit 3–Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit 4–Phasing Plans
Appendices:
Appendix A –MPR zoning chapter, Title 17 and 18 as amended
Appendix B –Stormwater Management Requirements, Chapter 18.30.070 JCC
Appendix C –Critical Area Requirements, Chapter 18.22 JCC
Appendix D –Land Division Requirements, Chapter 18.35 JCC
Appendix E–Land Use Application Procedures Requirements, Chapter 18.40 JCC
Appendix F–Shoreline Master Program Requirements, Chapter18.25 JCC
Appendix G –Additional development standards, Chapters 12.05, 12.10, and 18.30 JCC
Appendix H –Water System Plan
Appendix I –Wastewater Treatment Plan
Appendix J –Memoranda of Understanding:
1. Schools Mitigation
2. Fire/EMS Mitigation
3. Law Enforcement Mitigation
4. Transportation Mitigation
5. Health Care Services Mitigation
6. Housing Mitigation
7. Parks and Recreation Mitigation
Appendix K–Ordinance 01-0128-08
Appendix L –Vegetation Management Plan
AppendixM–Conservation Easements
AppendixN–Water Quality Monitoring Plan, including Amendment 1
AppendixO–Neighborhood Water Supply Program
AppendixP–Wildlife Management Plan, including Amendment 1
AppendixQ–Cultural Resources Management Plan
AppendixR–Tunicate Monitoring Agreement
AppendixS–International Dark Sky
AppendixT–LEED Narrative
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“this Agreement”) is entered into this
_____day of________, 20172018, by and between PLEASANT HARBOR MARINA
AND GOLF RESORT, LLP, a Washingtonlimited liability partnership(referred to as“the
Developer”) and JEFFERSON COUNTY(the “County”), a municipal corporation under
the laws of the State of Washington, pursuant to RCW 36.70B.170-.210.
1RECITALS.
WHEREAS,
the Developeris the owner ofreal property consisting of
approximately 237.88acres located within theCounty which propertyis described with
particularity in Exhibit 1(the“Property”).
WHEREAS,
the County approved the Developer’s application to designate the
Propertyas a master planned resortpursuant to RCW 36.70A.360 in the County
Comprehensive Plan to allowfor resort-related development including, but not limited to,
a golf course and other on-site indoor and outdoor recreational amenities, conference
center, resort-related commercial uses, long-term and short-term residential unitsnot to
exceed 890 units, and open space(“the Pleasant Harbor MPR”).
WHEREAS,
buildout of the Propertyis expected to occur over the next tento
twenty-fiveyears and the Developer, the County, and members of the public at large will
invest considerable time in the County permit and review process for the future buildout
of the Property.
WHEREAS,
the Washington State Legislature enacted RCW 36.70B.170-.210to
strengthen the land use planning process and reduce the costs of developmentby
authorizing the County to enter into anagreement with a landowner regarding the
development of its real property located within the County’s jurisdiction.
WHEREAS,
the County hasdetermined that this Agreement will facilitate orderly
buildout of the Propertywithin the Pleasant Harbor MPR andwill further promotegrowth
management and planning objectives of the Countyby providing certainty over time with
respect to permitted densities, uses, infrastructure, development standards and other
aspects of the development review process.
WHEREAS,
the Parties to this Agreement acknowledge the Zoning Ordinance for
the Pleasant Harbor MPR is in conformance with the standards set forth in the Countywide
Planning Policies and the Jefferson County Comprehensive Plan and is consistent with the
goals and requirements of the Growth Management Act, Chapter 36.70ARCWand
Jefferson County Ordinance 01-0128-08.
WHEREAS,
this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
1
NOW THEREFORE
, in consideration of the promises, covenants, and provisions
set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the parties agree as follows:
2EFFECTIVE DATE, TERMAND BUILD-OUT PERIOD.
2.1Effective Date.
The effective date shall be the date of the adoption of a resolution by theJefferson County
Board of Commissioners(“Board of Commissioners”)approving this Agreementas
required by RCW 36.70B.200.
2.2Term.
The term of this Agreement shall be from the effective date toforty-five (45) years after
the effective date or five (5) years after the end of the build-out perioddescribedin Section
2.3, whichever is sooner
2.3Build-Out Period.
The build-out period for purposes of RCW 36.70B.180 shall betwenty-five (25) years
from the effective date or fiveyearsafter the completion of all the phases described in
Section 10, whichever is later.
2.4Modification.
This Agreement may be modified, extended or terminated upon theexpresswritten
agreement of the Developerand the County.
2.5Exhibits and Appendices.
Exhibits 1through 4and Appendices Athrough Tare incorporated herein by this reference
as if fully set forth. In the event of any conflict or inconsistency between the Exhibits and
Appendices and the main body of this Agreement, the main body of this Agreement shall
control.
3THE PROPERTYAND THE MASTER PLAN.
3.1The Property Description.
The Property covered by this Agreement consists of approximately 237.88 acres and is
described with particularity in Exhibit 1.
3.2The Master Plan Components.
For the purposes of this Agreement, the Master Plan for future development of the Pleasant
Harbor MPR consists of the development regulations adopted by the Board of County
Commissioners, the conditions and requirements of Ordinance 01-0128-08, the Final
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Environmental Impact Statement, theFinal Supplemental Impact Statement, and this
Agreement, inclusive of a Phasing Plan and Master Plan Map of the Property.
4NATIVE AMERICAN TREATY RIGHTS.
4.1Protectionof Native American Treaty Rights.
4.1.1Protectionof Fishing Rights.
The Pleasant Harbor MPRislocated between two public beacheslocatedat the mouthsof
the Duckabush and the Dosewallips Rivers which provide both commercial and
ceremonial/subsistence harvest opportunities to Native American tribes(“tribes”)with
usual and accustomedfishing rights in the area. To protect water quality the Developer
shall construct the Pleasant HarborMPR in accord with theStormwater Management
requirements attached as Appendix B, Shoreline Master Program attached asAppendix F
and Wastewater Treatment Planattached as Appendix I.The Developer will operate the
Pleasant HarborMPR in accord with the Water Quality Monitoring Plan attached as
Appendix Nand the Neighborhood Water Supply Programattached as Appendix O.
The Propertysits atop a bluff above these two public beaches. Further, though located
between these two public beaches, access to the public beaches on the trail from the
Propertyhas been curtailed and will continue to be curtailed permanently.
4.1.2Protectionof Hunting Rights.
ThePort Gamble S’Klallam Tribe(“PGST”)hasexpressed concern that Elk hunted by the
PGSTin areas outside of the Propertycould be attracted to the Pleasant Harbor MPRonce
it is built out. The Developer shall implement the adaptive managementmeasures set forth
in theWildlife Management Plan attached as Appendix Pto mitigate against this concern.
4.2Preservation of Native American Treaty Rights.
The parties respect the tribal treatyrights and have modified the project and imposed
mitigation measures designed, inpart, to protect and preserve thoserights.
Nothing in this Agreement should be viewed as an attempt to curtailor expand the rights
reservedto tribes under their treaties with the United States, including but not limited to
the Point No Point Treaty.
The Developer will continue to cooperate with tribes to protect tribal treaty rights.
5RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE.
The parties and the tribes discussedthe importance of kettles on the Property to the PGST’s
cultural history.
The PGST has applied for including of any Traditional Cultural Propertieson the
National Register of Historic Placesas of the date of this Agreement.If, prior to
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Developer applying for a grading or building permit for the Pleasant Harbor MPR, the
PGST applies for and receives a recommendation from the State Advisory Council on
Historic Preservation that either Kettle B or C is eligible for listing in the National
Register of Historic Places, the Developer shall:
(A)Preserve either Kettle B or C by preventing the selected kettle from being
used for any stormwater storage; and,
(B)Consult with the PGST to arrive at a kettle management plan where the
PGST wouldenhance the selected kettle by removing invasive vegetation
and plantingit with native vegetation found at the time of its use by native
people, and to develop and install an educational signsthat explainthe
significance of the kettles to native people.
This provision does not restrict or otherwise prevent Developer from exercising its right to
object to any application that kettles are culturally significant.
6PROTECTION OFWATER QUALITY OUTSIDE OF THE PROPERTY
6.1Recognition of Significant Nearby Natural Resources.
The Developer recognizes the importance of Hood Canal as a source of recreation and
fishing. Protecting water quality in Hood Canal is just as important to the success of the
Pleasant HarborMPR as it is to those who use Hood Canalfor recreation and subsistence.
6.2Developer’s Agreement to Address Impacts of the Pleasant Harbor MPRon
Nearby Natural Resources.
The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPRto
water quality both on-site and off-site.The Developer will construct the Pleasant Harbor
MPR in accord with theStormwater Management requirements attached as Appendix B,
Shoreline Master Program attached as Appendix Fand Wastewater TreatmentPlan
attached as Appendix I. The Developer will operate the Pleasant HarborMPR in accord
with theWater Quality Monitoring Plan attached as Appendix Nand the Neighborhood
Water Supply Programattached as Appendix O.
7RESERVATION OF POLICE POWER OF THE COUNTY
7.1Police Power.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4), theexecution
of a developmentagreement is a proper exercise of the County’s police power.
7.2Reservation of County Authority.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4)and JCC
18.40.840(3)(d), this Agreement reserves the County’sauthority to impose new or
different regulations to the extent required by a serious threat to public health and safety.
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8DEVELOPMENT STANDARDS.
8.1Permitted Uses andDensity Standards; Zoning.
TheMaster Plan,permitted land uses,and development regulationsfor development within
the Propertyare set forth in chapter 17.60of theJefferson County Code, attached as
Appendix A.Development of the Propertyshall not exceed 890 residential units,56,608
square feet of commercial spaceand indoor and outdoor recreational spaces when
completed at full build out.
8.2Planning Goals and Objectives.
The planning goals adopted by the County in the Comprehensive Planas of the date of
recording this Agreementshall be the policy guidance and the foundation for all future
development of the Pleasant Harbor MPR.
8.3Stormwater Standards.
8.3.1Stormwater Subject to Best Management Practices and the County’s
Stormwater Management Requirements.
In all future development within the Pleasant Harbor MPR the Developer shall utilize best
management practices (“BMP”) and be subject to the County Stormwater Management
requirements, JCC 18.30.070. A copy of JCC 18.30.070is attached in Appendix B.
8.3.2Stormwater Management in Public Roads, Rights-of-Way and Easements.
The County shall be responsible for the management of stormwaterrunoffin all public
roads,rights-of-way, and easementswithin the Pleasant Harbor MPR that have been
accepted by the County for maintenance orother areaswithin the Pleasant Harbor MPR
dedicated to the County.The Developer shall be responsible for the management of
stormwater runoff in all other public areas withinthe Pleasant Harbor MPR as may be
necessary to control stormwater runoff as required by Ordinance 01-0128-08, Condition
63(q).
8.3.3Stormwater Management in Private Rights-of-Ways
The Developer shall be responsible for the management of stormwater runoff in all private
rights-of-ways and other non-public areas such as parking lots or drainage easements, as
may be necessary to control stormwater runoffas required by Ordinance 01-0128-08,
Condition 63(q).
8.4Critical Area Standards
Critical areas and their associated buffers, as well as allowed uses within the critical areas
of the Pleasant Harbor MPR shall be determined based upon the Jefferson the County
Critical Area requirements, Chapter 18.22 JCC. A copy of Chapter 18.22 JCCis attached
in Appendix C.
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8.5Land Division Standards
Platting within the Pleasant Harbor MPRshall be pursuant to RCW 58.17 and the County
Land Divisionrequirements,Chapter 18.35JCC,and within the time frames adopted by
theCounty pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347,
Laws of 1995), as codified in Permit Application and Review Procedures/SEPA
Implementation,Chapter 18.40 JCC, and vested in accordance with RCW 36.70B.180.A
copy of Chapter 18.35 JCC and isattached in Appendix Danda copy of Chapter 18.40
JCCis attached in Appendix E.
8.6Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the County
Shoreline Master Program, Chapter 18.25 JCC. A copy of the applicable Shoreline Master
Programrequirementsare attached as Appendix F.
8.7Additional Development Standards.
Additional Development Standards as identified in Chapters 12.05, 12.10,and 18.30 JCC
shall also apply to the extent they do not conflict with the terms of this Agreement. A copy
of Chapters 12.05, 12.10, and 18.30 JCCare attached in Appendix G.
8.8Compliance with Ordinance 01-0128-08.
As conditions to designating the Propertyas a master planned resort per Ordinance 01-
0128-08, the County requires the Developer implement the following requirements:
8.8.1Condition 63(e).
The Developershall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for contracting and employment,
and will prefer local applicants provided they are qualified, available, and competitive in
terms of pricing.
8.8.2Condition 63(f).
The Developer shall prioritize the sourcing of materials from within Jefferson County to
develop the Pleasant Harbor MPR. Nothing in this Section8.8.2shall require that
developer utilize materials or labor from within Jefferson County that are not of
comparable price or quality to their counterparts outside of Jefferson County.
8.8.3Condition 63(k).
The Developer prepared aCultural Resources Management Plan to assure archaeological
investigations and systematic monitoring of the subject property prior to issuing permits;
and during construction to maintain site integrity, provide procedures regarding future
ground disturbing activity, assure traditional tribal access to cultural properties and
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activities, and to provide for community education opportunities.Developer shall
implementtheCultural Resources Management Planattached in AppendixQ.
8.8.4Condition 63(l).
Developer prepared aWildlife Management Plan focused on non-lethal strategies
developed in the public interestandin consultation with the State of Washington
Department of Fish and Wildlife (“WDFW”) and local tribes, to prevent diminishment of
tribal wildlife resources cited in the Brinnon Sub-Area Plan (e.g., deer, elk, cougar,
waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S.
Hwy 101, to reduce the conflicts resulting from wildlife foraging on high-value
landscaping and attraction to fresh water sources, to reduce the dangers to predators
attracted to the area by prey or habitat, and to reduce any danger to humans.Developer
shall implement the Wildlife Management Plan attached in Appendix P,modified by
Amendment 1 attached thereto.
8.8.5Condition 63(p).
The Developer shall provide access to the water system by any neighboring parcels if salt
water intrusion becomes an issue for neighboring wells on Black Pointwhere it is proven
that the Developer draw down of potable water has caused the salt water intrusion,and
reserve areas for additional recharge wells will be included in case wells fail, are
periodically inoperable, or cause mounding. A Neighborhood Water Policy Plan is
attached in AppendixO.The Developer will implementthe Neighborhood Water Policy
Plan.
8.8.6Condition 63(r).
The Developer prepared a comprehensive Water Quality Monitoring Plan specific to
Pleasant Harbor requiring water collection,testingandan adaptive management program.
The monitoring plan shall be funded by a yearly reserve, paid for by the Developer and
will include regular offsite sampling of pollution, discharge, and/or contaminant loading,
in addition to any onsitemonitoring regime. The Developer will implementthe Water
Quality Monitoring Plan attached in Appendix N,modified by Amendment 1 attached
thereto.
8.8.7Condition 63(s).
To ensure that natural greenbelts and buffers are maintained and protected, a conservation
easement attached in Appendix Mwill be recorded within 15 days of the effective date of
this Agreement. The Developer will implementthe Vegetation Management Planattached
in Appendix L.The Developer shall, prior to site disturbance, record a conservation
easement protecting any wetlands and their respective buffers identified or created on the
Property.
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8.8.8Condition 63(t).
The Developer shallconduct ongoing monitoring and maintain an inventory regarding
Tunicates and other invasive species. A Tunicate Agreement is attached in Appendix R.
The Developer will implementthe Tunicate Agreement.
8.8.9Condition 63(x).
The Developer shall use the LEED Shadowing (Leadership in Energy and Environmental
Design) and “Green Built”green building rating system standards. These standards,
applicable to commercial and residential dwellings respectively, “promote design and
construction practices that increase profitability while reducing the negative environmental
impacts of buildings and improving occupant health and well-being.”A Narrative
Demonstrating Compliance with the Intent of LEED Standards is attached in Appendix T.
The Developer will implementLEED Shadowing Standards, but is not required to register
with LEED or obtain LEED certificates or approvals.
8.8.10Condition 63(z).
The Developer shall use the International Dark Sky Association(“IDA”) Zone E-standards
for the MPR. These standards are recommended for “areas with intrinsically dark
landscapes”such as national parks, areas of outstanding naturalbeauty, or residential areas
where inhabitants have expressed a desire that all light trespass be limited.Dark Sky and
Energy Star Approved High Efficiency Lighting Standards is attached in Appendix S.The
Developer will implementthe Dark Sky and Energy Star Approved High Efficiency
Lighting Standards.
8.9The Pleasant Harbor MPRWater Service.
Water main extensions and potable water system improvementsfor potable water service
that may be required to serve the Pleasant Harbor MPR shall be installed in conformance
with the most current approved specifications and requirementsas determined by the
Washington State Department of Healthand shall comply withthe Coordinated Water
System Plan (“CWSP”)and all other applicable laws, ordinances, rules and regulations.A
copy of the applicable CWSP is attached in Appendix H.
8.10The Pleasant Harbor MPR Wastewater Treatment Plan.
Sanitary and on-site sewer and future sewer system improvements as required to serve the
Developers Property shall be installed in conformancewith the most current approved
specifications and requirements of the Washington State Department of Health,
Washington State Department of Ecologyandthe CountyDepartment ofPublic Health and
all other applicable laws, ordinances, rules and regulations.
8.11Memorandaof Understanding.
As a condition to designating the Propertyas a master planned resort, the County required
that the Developernegotiate memoranda ofunderstanding or memoranda of agreement to
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provide needed support forlaw enforcement services,the Brinnon schools,Fire District
No. 4and emergency medical services to mitigate for the potential impacts associated with
development of the Pleasant Harbor MPR.
RCW 36.70A.360(4)(e) provides that a master planned resort is authorized only if on-site
and off-site infrastructure and impacts are fully considered and mitigated. In part, the
memoranda of understanding (“MOUs”)are written to address this requirement.
The partiessecured the following MOUs:
8.11.1School Services Mitigation.
School services to the Pleasant Harbor MPRare provided by the Brinnon School District.
Mitigation for school services associated with development of the Pleasant Harbor MPR,
if any, shall be implementedby the Developer as set forth in the MOU attached as
Appendix J-1.
8.11.2Fire and EMS Services Mitigation.
Jefferson County Fire District No. 4 will provide Fire and EMS services within the Pleasant
Harbor MPR. Mitigation for Fire and EMS services associated with development of the
Pleasant Harbor MPR, if any, shall be implementedby the Developer as set forth in the in
the MOU attached as Appendix J-2.
8.11.3Law EnforcementServices Mitigation.
The County will provide law enforcement services within the Pleasant Harbor MPR.
Mitigationfor law enforcement servicesassociated with development of the Pleasant
Harbor MPRshall be implementedby the Developeras set forth in theMOU attached as
Appendix J-3.
8.11.4Transportation Services Mitigation.
Public transportation services to the Pleasant Harbor MPRare provided by Jefferson
County Transit. Mitigation of transportation services associated with developmentof the
Pleasant Harbor MPRshall be implementedby the Developer as set forth in thein the
MOU attached as Appendix J-4.
8.11.5Healthcare Services Mitigation.
Mitigation for health care services associated with developmentof the Pleasant Harbor
MPRshall be implementedby the Developer as set forth in the MOU attached as Appendix
J-5.
8.11.6Housing Mitigation.
The Developer shall comply with Ordinance 01-0128-08, Condition 63(g) related to
affordable housing. This will include but not be limited to the staff housingmitigation
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associated with developmentof the Pleasant Harbor MPR, if any, which shall be
implementedby the Developer as set forth in the MOU attached as AppendixJ-6.
8.11.7Parks and Recreation Mitigation.
The County, the State and the United States provide areas for parks and recreation in the
vicinity of the Property.Parks and Recreation mitigation associated with development of
the Pleasant Harbor MPR shall be implementedby the Developer pursuant to applicable
state and local law as set forth in the MOU attached as Appendix J-7.
8.11.8MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08.
The County agrees that theMOUslisted in this Section 8.11satisfy condition 63(c) of
Ordinance No. 01-0128-08and adequately mitigate impacts for the proposed development
of the Pleasant Harbor MPR. No additional mitigation will be required,except as provided
in Section 9.2.4.
9STANDARDS FOR DEVELOPMENT AND OTHER MITIGATIONBY
COUNTY.
9.1County Processing and Review.
The review and approval of proposed development applications proposed by the Developer
for the Propertyshall be pursuant to the Pleasant Harbor MPR Zoning Code (Appendix A)
and the County’sPermit Application and Review Procedures/SEPA Implementation,
Chapter 18.40 JCC, which is attached in Appendix E.
9.2SEPA Compliance.
9.2.1Environmental Impact Statement.
The parties acknowledge that potential environmental impacts fromfuture development of
the Pleasant Harbor MPR have been assessed and addressed in priorenvironmental
documents. The prior reviews were published in the following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort
(September 5, 2007)(“DFEIS”);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27, 2007)(“FEIS”);
Pursuant to Condition 63(b)of Ordinance 01-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems designed
to address the conditions and environmental consequences of the MPR as identified in the
FEIS (Chapter 5) and Conditions63(a)-(dd)in Ordinance 01-0128-08.
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9.2.2Supplemental Environmental Impact Statement.
The Supplemental Environmental Impact Statementwas published in the following
documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort November 19, 2014(“DSEIS”);
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement December 9, 2015(“FSEIS”).
9.2.3Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required.
The FEIS,DSEISand FSEISare referred to collectively as the “Prior EISs.”Development
shall substantially comply with the express mitigation measures imposed pursuant to the
Prior EISs.
9.2.4Future SEPA Review for Individual Projects.
The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as
well as Condition 63(b)of Ordinance 01-0128-08,for all subsequent approvals or permits
to develop the Pleasant Harbor MPR consistent with thisAgreement, including, but not
limited to, plats, short plats, binding site plans, boundary line adjustments, development
permits, grading permits and building permits. Except as provided in this Section9.2.4,
no further environment impact statementsarerequired, and no additional substantive SEPA
mitigation measures are required for approvals or permits that authorize development that
is consistent with level and range of development analyzed in the Prior EISs.
The County may require additional environmental analysisfor a new or modified proposal
that materially exceeds the level and range of development reviewed in the Prior EISs. For
any such new or modified proposal,relevant information from Prior EISs shall be used to
the fullest extent possible in futureSEPA review. The scope of environmental review shall
be limited to considering how or whether the proposal differs from or exceedsthe scope of
the Prior EISs and if so, whether such modification results in potentially significant adverse
environmental impacts that have not been adequately addressed in the Prior EISs.
Nothing in this Section9.2.4shall release the Developeror its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix K), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
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9.3Vesting of Development Standards.
9.3.1Scope of Vesting.
To the fullest extent allowed by RCW 36.70B.180, all development proposed on the
Propertyshall be vested to and governed by theterms of this Development Agreement, the
Pleasant Harbor MPR chapter of the Jefferson County ZoningCode, and the Unified
Development Code, now codified at Title 18 of the Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of this
Agreement and attached as Appendices A-I).
9.3.2Vesting Period.
The vesting period shall be the same as the build-out period in Section 2.3. Except as
otherwise provided in Section 9.3,any new or different development standards adopted by
the County during the term of this Agreement shall not apply to the Property.
9.3.3Default Standards and Requirements.
To the extent this Agreement does not establish standards or requirements covering a
subject, element or condition, then the development approval sought shall vest to and be
governed by the County codes, regulations and standards in effect upon the date of
complete application. The development standards identified in this Agreement shall apply
to the Propertyfor the term of this Agreement, except:The Board of County
Commissioners reservesthe authority to modify one ormore of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, to avoida serious threat to public health or safety, as provided in RCW
36.70B.170and JCC 18.40.840(3)(d).
9.3.4State and Federal Law.
This Agreement does not relieve the Developerof any obligations to comply with state or
federal laws or regulations of any kindincludingbut not limited to those laws or regulations
related to Native American treaty rights,endangered species,or stormwater.
9.3.5Building Codes.
Jefferson County Code Title 15, The International Building Code and International Fire
Code in effect in the State of Washington as of the date of filing of a complete application
for a building permit shall apply to all new development.
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10PHASING.
10.1Phasing Plan.
10.1.1Phases Proposed.
Pleasant Harbor MPRis a planned resort that is capable of being developed in independent
and severable components or “phases.”Future development of the Pleasant Harbor MPR
and all associated infrastructure, including roads and utilities, may be reviewed, permitted
and constructed and/or bonded in phases or sub-phases.A phasing plan(consisting of three
phases)for developmentof the Pleasant Harbor MPR(reviewed as part of the SEIS) is
attached as Exhibit 4. Each phase may further be broken down into discrete sub-phases as
conditions dictate, but each primary phased must be constructed in the order set forth
below.
10.1.2Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to
Stand Alone.
JCC 18.15.135 requires that if a master planned resort will be phased, each phase must
contain adequate infrastructure, open space, recreational facilities, landscaping and all
other conditions of the Pleasant Harbor MPRsufficient to stand alone if no subsequent
phases are developed. The Developer will comply with JCC 18.15.135 and will complete
or bond all necessary infrastructure tosupport a phase or sub-phase sufficient for each
phase or sub-phase to stand alone, prior to obtaining approval for a subsequent phase.
10.1.3Phase 1.
Phase 1a consists of site clearing and grading for golf course, road network, building
footprints, and KettleB. Commence road construction with services and begin
implementation of the vegetation management plan. Create construction materials
processing location on the golf course site.
Phase 1b consists of construction of the LOSS drainfield (wastewater treatment plant
back up system), water storage tank with distribution piping at Tee 5, transit stop,
construct sanitary sewer pump stations, Sea View Villas (170 units), Golf Vistas (32
units) and utility district.
10.1.4Phase 2.
Phase 2a consists of completion of the golf course and Half-way house (adjacent to
fairway 5), develop the new, additionalwell, Kettle C: supplementary replacement to
Kettle B, construct maintenance building and 52 units for staff quarters.
Phase 2b consists of construction of the Golf Terrace Recreation Center and Conference
center/spa (208 units).
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10.1.5Phase 3.
Phase 3a consists of construction of the Maritime Village building consisting of 66 units
and 21,000 square feet of commercial. Construct Highway 101 and Black Point Road
intersection improvements, reconstruct Black Point Road and construct new access road
to WDFW boat launch.
Phase 3b consists of construction of the Golf Terraces 2, 3, and 4 (330 units),
construction of Sea View Villas (14 units) and Golf Vistas (16 units). Complete utility
district for the resort.
10.2Preliminary Facilities.
In addition to the facilities specifically described in Section 10.1each Phase must design
adequate preliminary facilities to service the phase. Preliminary facilities are those
preliminary facilities or improvements that must be approved and installed in concert with
the development of each phase. The preliminary facilities include the following:
10.2.1Water System.
A water system with sufficient water rights to serve the phaseor sub-phaseunder review
and approval.
10.2.2Wastewater Treatment System.
Asewer system with sufficient capacity to accommodate the waste discharge for the phase
or sub-phaseunder review and approval.
10.2.3Road Network.
A road network to accommodate the phaseor sub-phaseunder review and approval.
10.2.4Landscaping.
Landscapingfor the phaseor sub-phaseunder review and approval.
10.2.5Parking.
Associated parking for the phaseor sub-phaseunder review and approval.
10.2.6County Approval of Preliminary Facilities Required.
TheCounty’sapproval of a phaseor sub-phase, whether by preliminary plat or other
process, shall require approval of preliminary facilities for the entire phase.The Developer
may construct preliminary facilitiesfor each lot or tract in conjunction with development
of that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirements within each lot or tract are complete.
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10.3Public Amenities and Access.
Public amenities and access are those facilities and improvements that provide resort
related activities and services. The Pleasant Harbor MPR shall, at a minimum, shall contain
the following resort amenities(1) a9-hole golf course; (2) spa services; (3) sports courts;
(4) pool; and (5) water slides. These amenities shall be completed consistent with
completion of the phase in which the amenity is proposedandmade available to members
of the general public for a fee to be established by the Developer.
11INDEMNITY.
11.1Indemnified Claims.
The indemnified claims are:
(a)Claims for costs, losses, damages or expenses as a result ofthe County’s
approvalof this Agreementandthe Developer’s or the Developer’s
contractors, agents or employees operations under this Agreement
including, but not limited to, claims that this Agreement violates treaty
rightsof tribes;
(b)Claims based on the Developer’snegligence;and,
(c)Claims based on the breach of any of the Developer’s obligations under this
Agreement.
As used in this Agreement the term “indemnified claim(s)”means the claims listed in this
Section 11.1.
11.2The Developer’s Obligations.
11.2.1Scope.
The Developer shall defend, indemnify and hold the County, and its elected officialsand
employees harmless from and shall process and defend at its own expense, including all
costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or
equity arising in whole or in part, directly or indirectly, from anyindemnified claims.
The County retains the right to provide additional counsel for the County’s defense at the
County’s sole expense to assist counsel paid for by the Developer or to monitor any
indemnified claim.
11.2.2No Waiver of RCW 4.96.020 by the Developer.
TheDeveloper shall not attempt to waive the requirements of the filing of a pre-suit claim
against the County under RCW 4.96.020.
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11.2.3Cooperation.
The Developer and County shall cooperate with each other in the defense of any
indemnified claims.The Developershallnot file any pleadings or motionsor take any
positionwith a court, government agency or hearing officerwithout first consulting with
the County.Developer retains sole discretion to pursue defense of Indemnified Claims in
any means it deems appropriate, but cannot take positions on behalf of the County without
the County’s consent.
11.2.4Best Efforts to Obtain Release of the County.
If the Developer settles any indemnified claim, the Developer will use its best efforts to
obtain a release of the indemnified claim for the County, and its elected officialsand
employees.
11.2.5Claims againstBoth the County and the Developer.
The Developer wishes to avoid the expenses of a separate defense of both it and the County
should any person assert an indemnified claim against both the Developer and the County.
Accordingly, the Developeragrees to provide joint counsel to represent both the Developer
and the County at the Developer’s sole expensewhen indemnified claims are made against
both the County and the Developer.However, the County retains the right to substitute its
own counsel in place of joint counsel at the County’s sole expense or to provide additional
counsel at the County’s sole expense to assist counsel paid for by the Developer or to
monitor any indemnified claim.
11.2.6The Developer is the Real Party in Interest.
For any indemnified claim where the Developer is required to provide the County a defense
pursuant to Section 11, the Developer shall make it clear that it is the real party in interest
on any indemnified claims made against the County and that: (i) Any positions the
Developer takes in defending the indemnified claims are the positions of the Developer
and not the County; and, (ii) Any positions the Developer takes in defending the
indemnified claims are not necessarily the positions the County would take if it were the
real party in interest.
11.3The County’s Obligations.
11.3.1Notice.
The County shall provide notice to the Developerof any indemnified claim it receives
within fourteen days of receipt of such claim.For the avoidance of doubt,the notice
required under this Section 11.1.3includes notice of any pre-suit claim presentedtothe
County under RCW 4.96.020.
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11.3.2Cooperation.
The County shall cooperate with the Developer in the defense of anyindemnified claims.
The County shall not file any pleadings or motions or take any position with a court,
government agency or hearing officer without first consulting with the Developer.
11.3.3Consent to Counsel Selected by the Developer.
The County may consent to the representation by counsel selected by the Developer and
provide appropriate waivers of conflicts of interest to counselselected by the Developer.
Provided, however, that if the County refuses to consent or to provide appropriate waivers
of conflicts of interest, the Developer may suspend performance of the indemnity
obligations under this Section 11.
11.4Limitations.
11.4.1No Indemnity for Claims Other than Indemnified Claims.
Nothing in this Section 11shall require the Developer to indemnify, hold harmless,or
defend the County from claims, demands or suits based on claims against the County that
are not indemnified claims andare based solely upon the conduct of the County, its elected
officials, employees and agents.
11.4.2Claims Based on Comparative Fault.
If the claims or suits are caused by or result from the comparative faultof: (i) the
Developer’s agents or employees; and, (ii)the County, its elected officials, employees and
agents, this indemnity provision with respect to claims or suits based upon such
comparative fault,thenthe claims shall be treated as claims against both the County and
the Developer under Section 11.2.6until a final, enforceable judgment is entered. After a
final, enforceable judgment is entered, theDeveloperand the County shall each be
responsible for their shares of the final, enforceable judgment.
12GENERAL PROVISIONS.
12.1Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws and
regulations of the State of Washington, as if applied to transactions entered into and to be
performed wholly within the State of Washington between residents of the State of
Washington. No party shall argue or assert thatany law other than Washington law applies
to the governance or construction of this Agreement.
12.2Binding on Successors.
This Agreement shall be binding upon and inure to the benefit of the successors, successors
in title and assigns of the Developerand uponthe County.
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12.3Assignment.
12.3.1Right to Transfer, Consent of the CountyNot Required.
The parties acknowledge that development of the Pleasant Harbor MPRmay involve sale
and assignment of portions of the Propertyto other persons who will own, develop and/or
occupy portions of the Propertyand buildings thereon. The Developershall have the right
to assign or transfer all or any portion of the respective interests, rights or obligations under
this Agreement or inthe Propertyto other parties acquiring an interest or estate in all or
any portion of the Property, including transfer of all interests through foreclosure (judicial
or non-judicial) or by deed in lieu of foreclosure, provided transferee agrees to assumeall
obligations of the Developer under this Agreement. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreement.
12.3.2Obligations of the Developerand Transferee under this Agreement.
Upon the transfer or assignment under this Section12.3and the transferee’sassumption of
all obligations of the Developer under this Agreement, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement pertaining to the
property transferred or assigned, and the Developershall be released of liability under this
Agreement for the property transferred or assigned, but shall retain liability for any breach
which occurred prior to the transfer of rights to another party and for those portions of the
Property still owned bythe Developer.
12.4Release of the Developer’sLiabilityby Assignment.
12.4.1Transfer and Assumption of All Obligations Under this Agreement
Required.
The Developershall be released of all liabilities and obligations under the Agreement if:
(a) TheDeveloperprovides notice to the County of an Assignment of the
Agreement;and,
(b) Thetransfereehas assumed in writing the all the obligations of this
Agreement.
12.4.2Results of Effective Assignment.
If the conditions for release are met under this sub-section, then from and after the date of
transfer, the Developershall have no further liability or obligation under the Agreement,
and the assignee shall exercise the rights and perform the obligations of the Developer
under the Agreement for that portion of the Propertyacquired by the successor or assign.
12.4.3Effect of Partial Assignment.
The parties acknowledge that the Developermay transfer or assign title to a portion of the
Propertyin any manner consistent with this Agreement. Should the transfer or assignment
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of title relate to only a portion of the Property, then the release of liability pursuant to this
paragraph shall only apply to acts or omissions arising from or related to the portion of the
Propertybeing assigned or transferred.
12.5Recordingas a Covenant Running with the Land.
This Agreement shallbe recorded with the County Auditor against the Propertyas a
covenant running with the land andpursuant to RCW 36.70B.190shall be binding on the
Developer, its successors, successors in title and assignsduring its Term.The parties agree
that the appendices need not be recorded.
12.6Release as to Residential Development.
Upon the approval of a final plat, a condominium declaration or other approved land
division in compliance with this Agreement that relates to residential development of the
Property, then there shall be executedand recorded with theCounty Auditor a release from
this Agreementwith respect to that particular and specific parcel or parcels of real property
that received final plat approval, filed a condominium declaration or was the subject of
other approved land division.Residential development on the parcel or parcels released
pursuant to this subsection shall continue to be subject to the requirements of the
development regulations listed in Sections7and 8.1.
12.7Severability.
If any provision of this Agreement is determined by a court of law to be unenforceable or
invalid, then the remainder of the Agreement shall remain in full force and effect. Further,
as to those provisionsheld by a court of law to be unenforceable, the parties shall confer
and agree to amend the Agreement to implement the mutual intent of the parties to the
maximum allowed by law.
12.8Amendment.
This Agreement shall not be amended without the express written approval of the County
and the Developer(or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approveall amendments to this Agreement by ordinance or resolution and only after notice
to the public and a public hearing.
12.9Headings.
The headings in this Agreement are inserted for reference only and shall not be construed
to expand, limit or otherwise modify the terms and conditions of this Agreement.
12.10Dispute Resolution.
In the event of any dispute relating to this Agreement, all parties upon the written request
(to be titled “Notice of Dispute”)of any other party, shall meet within the five (5) business
days to seek in good faith to resolve the dispute. The County shall send a department
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director or the qualified lead planner and other persons with information relating to the
dispute, and the Developershall send an owner’s representative and any consultant or other
person with technical information or expertise related to the dispute. If the partiesare
unable to reach amicable resolution of a dispute within thirty (30) days of the written Notice
of Dispute issued by one of the parties, the parties agree that they will immediately identify
a mediator and participate in mediation in good faith. The selected mediator shall have
documented experience and expertise in Washington land use law. The parties agree to
work cooperatively to select a mediator with land use and real estate experience. Each
party will identify and propose to the other party three potential mediators. Between the
proposed mediator lists, the parties will select a mutually agreeable mediator to resolve the
dispute. The mediation shall be completed within 90days of the original written Notice
of Dispute by one of the parties. If the parties are unable to reach a resolution following
timely mediation, each party reserves the right to seek resolution and pursue remedies
available under this Agreement and at law. The parties agree that the cost of mediation
pursuant to this paragraph shall be borne equally by the parties to this Agreement.The
parties may agree in writing to extend any deadline or time frame listed in this Section
12.10.
12.11Default and Remedies.
No party shall be in default under this Agreement unless it has failed to perform a material
provision under this Agreement for a period of thirty (30) days after written notice of
default from any other party. Each notice of default shall specify the nature of the alleged
default and the manner in which the default may be cured satisfactorily. If the nature of
the alleged default is such that it cannot be reasonably cured with the thirty (30) day period,
then commencement of the cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure. Any party not in default under this
Agreement shall have all rights and remedies provided by law including without limitation
damages, specific performance or writs to compel performance or require action consistent
with this Agreement. In recognition of the possible assignment and sale of portions of the
Property(see Section 12.3)any claimed default shall relate as specifically as possible to
the portion of the Property involved and any remedy against any party shall be limited to
the extent possible to the owners of such portion of remedies which do not adversely affect
the rights, duties or obligations of any other non-defaulting owner of portions of the
Propertyunder this Agreement. Each party to this Development Agreement shall be solely
responsible for the costs they incur with respect to asserting or defending against any
dispute, alleged default or civil lawsuit.
12.12No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors in title and assigns. No other person shall have any right of
action based upon any provision of this Agreement.
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12.13Construction.
This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
12.14Signature in Counterparts.
Separate copies of this Agreement may be signed by each of the parties and this Agreement
will have the same force and effect as if the original had been signed by all the parties.
12.15Notice.
All communications, notices and demands of any kind which a party under this Agreement
requires or desires to give to any other party shall be in writing deposited in the U.S. mail,
certified mail postage prepaid, return receipt requested, and addressed as follows:
To the County:Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc:Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
ToPleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300E.Raintree Drive, Suite 100
Scottsdale, Arizona 85269
cc:John T. Cooke
Houlihan Law
th
100 N. 35St.
Seattle, WA 98103
12.16Estoppel Certificates.
Within 30 days following any written request that any party or a mortgagee may make from
time to time, the other party shall execute and deliver to the requesting person a statement
certifying that: (a) this Agreement is in full force and effect, and stating any formal
21
amendments to the Agreement; and, (b) to the best of the knowledge of the certifying party,
no notice of default has been sent and no notice of violation of applicable laws has been
issued regarding the project; and any other reasonably request information. Failure to
provide a timely response to the requesting party shall be deemed conclusive evidence that
the Agreement is unmodified and in full force and effect and that no notices of default or
violation have been issued. Issuance of estoppel certificates is an administrative matter
within the County. The County shall have no liability to the requesting party if it provides
an estoppel certificate in good faith and with reasonable care.
12.17Cooperation.
The parties shall not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement. The parties agree to take further actions and execute
further documents, whether jointly or within their respective powers and authority, to
implement the intent of this Agreement.
12.18Voluntary Undertaking.
This Agreement is entered into voluntarily and without any coercion by or undue influence
on the part of any person, firm or corporation.
12.19No Waiver.
No waiver by any party of any term or condition of this Agreement shall be deemed or
construed as a waiver of any other term or condition, or a waiver of any subsequent breach,
whether of the same or a different provision of this Agreement.
12.20No Private CCR Enforcement by the County.
The parties acknowledge and agree that nothing in this Agreement shall alter, infringe
upon, modify, change, limit or restrict the ability or powers of the existing neighborhood,
tract or subdivision property owner or lot owner associations from enforcing, interpreting
and utilizing any and all covenants, conditions or restrictions that pre-exist this Agreement
or covenants, conditions or restrictions recorded with the County Auditor after the effective
date of this Agreement.
The parties further acknowledge and agree that the County bears no responsibility for the
enforcement, interpretation or resolution of any dispute, filing, grievance, complaint or
appeal that might arise as a result of recorded covenants, conditions or restrictions relating
to tracts, subdivisions, lots or parcels within the Pleasant Harbor MPR.
12.21Entire Agreement.
This Development Agreement consists of the Resolution approving the Agreement, the
Agreement, Exhibits 1-4, and Appendices A-T.This Agreement constitutes the entire
agreement between the parties relating to this subject matter.There are no other
agreements, oral or written, except asexpressly set forth herein.Except as specifically
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provided in this Agreement, this Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral.
12.22No Assignment.
The Developer represents, warrants and agrees that it has not assigned, transferred,
conveyed, encumbered or in any manner otherwise disposed of all or any portion of the
Propertyor any rights, obligations, or interests of any nature or kind whatsoever covered
by this Agreement, whether before or after they occurred, regardless of whether they have
occurred as of the date of this Agreement.
13REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Eachis fully authorized to enter into this Agreement;
(b) Eachhas taken all the necessary actions to duly approve the making and
performance of this Agreement and that nofurther approval is necessary;
(c) Eachhas read this Agreement in its entirety and knows the contents of this
Agreement;
(d) Theterms of this Agreement are contractual and not mere recitals; and,
(e)Eachhave signed this Agreement having obtained the advice of legal
counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
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Signatures
JEFFERSON COUNTY
Jefferson County Board of County Commissioners
By_____________________________
Chair, Kathleen Kler
Date: _____________________________
By_____________________________
Member, David Sullivan
Date: _____________________________
By_____________________________
Member, Kate Dean
Date: _____________________________
APPROVED AS TO FORM:
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting
Attorney
Date: __________________________
Patricia L. Charnas
Director of Community Development
Date: __________________________
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PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
By:_____________________________
M. Garth Mann
Its:Manager
Date: _____________________________
Acknowledgement
STATE OF WASHINGTON)
) ss
COUNTY OF __________________)
On this _____ day of ___________________, 2017, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Melvin G. Mann, to me known to be the person who signed as manager of
Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited liability company
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses and
purposes therein mentioned, and on oath stated that he was duly elected, qualified and
acting as said officer of the limited liability company and that he was authorized to execute
said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _____day of __________________, 2017.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at .
My Appointment Expires:
25
Exhibit1
(LEGAL DESCRIPTION–CONTAINED ON THE FOLLOWING PAGES)
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101, and
together with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at
Figure 1-5, page 1-4 of the Brinnon Master Planned Resort FEIS issued November 27,
2008.
Parcel A APN 502153002
The Northeast ¼ of the Southwest ¼ of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through,
across and over the following described property:
Beginning at the Southeast corner of the Southwest ¼ of the Northwest ¼ of said Section
15;
thence run West, along the South line of said Southwest ¼ of the Northwest ¼,
approximately 175 feet tothe Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when measured at right angles;
thence East, parallel to said South line, to the East line of said Southwest ¼ of the
Northwest ¼;
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East ½ of the Northwest ¼ of the Southwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated August
28, 1933, and recorded under Auditor’s File No. 70817, records of Jefferson County,
Washington.
Situate in the County of Jefferson, State of Washington.
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Parcel C APN 502153023
Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest ¼ of the Southeast ¼ and Government Lot 7 of said Section 15, and
Government Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest ¼ of the Southeast ¼, and East of the Southerly prolongation of said West line;
Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly
of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in front of, adjacent to and abutting uponthe West ½ in width of said Government
Lot 2, in said Section 22.
Situate in the County of Jefferson, Stateof Washington.
Parcel D APN 502154002
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor’s File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
Beginning at a point of intersection of the East lineof the Northwest ¼ of the Southeast
¼ and the Southerly margin of the Black Point Road;
thence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence North to the point of intersection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest ¼ of the Northwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
27
Except the right of way for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor’s File Nos. 223427 and 410399, records of Jefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest corner of Government Lot 3;
thence North 8823’07”West 308.14 feet to the Southeasterly right of way of State
Highway No. 101, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 8823’07”East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest ¼ ofthe Northwest ¼,
100 feet West of said high tide line;
thence North 8823’07”West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion of Lot 1 described as follows:
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That portion of Government Lot 3 abutting second class tidelands in Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington, being more particularly
described as follows:
Commencing at the North ¼ corner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 8813’42”East along the North line of said Section 15 for a distance of
364.50 feet to the point of beginning;
thence continuing South 8813’42”East 238.76 feet to the line of mean high tide;
thence South 6112’00”West along the line of mean high tide 34.78 feet;
thence North 4041’54”West along the line of mean high tide 3.31 feet;
thence South 6236’19”West along the line of mean high tide 26.83 feet;
thence South 8754’36”West 166.65 feet;
thence North 2121’05”West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North
line thereof;
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
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Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation of the East line of said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
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AMENDMENT 1 TO WILDLIFE MANAGEMENT PLAN
This Wildlife Management Plan is amended as follows:
(1)Delete the sentence on page 5, paragraph 2 that reads: “Elk migrate on a seasonal
pattern and can be expected to be in the project vicinity during certain times of the
year.”
(2)Delete “and inhabit the site for short durations during the year” from the sentence on
page 5, paragraph 2 that reads:“Elk could potentially wander onto Black Point and
inhabit the site for short durations during the year.”
(3)After the sentence on page 5, paragraph 2 that reads:“According to Bryan Murphie
(wildlife biologist with WDFW), there are two unique herds in the area: Duckabush
and the Dosewallips herds (personal communication, 2017).” add the following
sentence: “the Point No Point Treaty Council’s census records show that at times the
Duckabush herd has contained as many as 80 individuals.”
(4)After the sentence on page 5 paragraph 2 that reads: “Both herds have the potential
…,” add the following: “Some elk migrate seasonally. The Duckabush herd is
resident year-round, and has not undergone a true migration since 1993. Some
individual elk are nomadic, and may travel up to 13 kilometers from one end of their
range to the other. As a result, it is possible that most of the Duckabush heard would
be in the vicinity of the MPR all year, posing the risk that elk will cross Highway 101
and visit the MPR.”
(5)
up on the MPR shall not be destroyed by the Developer, except where the animal
poses a threat to human health or safety.”
(6)Delete “because the site is adjacent to mapped elk crucial wintering range” from the
sentence on page 7 that reads: “Elk have not been identified on the property but there
is a potential for their presence because the site is adjacent to mapped elk crucial
wintering range (WDFW 2017).”
(7)Delete the following to the sentence from page 7: “Therefore, another potential
strategy to reduce elk and vehicular incidents is to install collars on elk that are linked
to signs on Highway 101.”
(8)Delete the following to the sentence from pages 7-8: “However, this strategy would
not prevent elk from entering the project site and is not always an effective strategy
(personal communication with Fish and Wildlife Biologist at WSDOT 2017; personal
communication with Wildlife Biologist at WDFW 2017).”
(9)After the first sentence in the first full paragraph on page 8 that reads: “To help
prevent elk and vehicle collisions, Statesman will install flashing signs that are
associated with collared elk.” add the following: “A flashing sign shall be located on
the East side of Highway 101 on both the North and the South sides of the Pleasant
31
Harbor MPR, in a precise locations determined by the Developer, after consultation
with the Washington Department of Fish and Wildlife (WDFW). The Developer also
will work with the WDFW to attach devices to area elk that would trigger the flashing
signs when the Elk approach them. The WDFW will determine how the flashing
signs will interface with the elk movements, who will be responsible for capturing
and collaring elk, who will replace collars when they wear out, and who will be
responsible for maintenance of all the system components. The Developer will
reimburse WDFW for installation of two flashing signs and provide reimbursement
of up to $10,000 to WDFW for elk collars on the Duckabush herd and other system
components for the program.”
(10)Delete the following from the last sentence in the first full paragraph on page 8 as
follows: “If more than four elk (which could be a herd) are observed accessing the
property within a one year span,” so the sentence would read: “Statesman will
employ the following strategies to remove and discourage elk from the site:”
(11)Delete the all the language in the second bullet on page 8 as follows: “Once the
property is developed and should there be more than four elk on the property at one
time after the developer has determined that noise-deterrents, smell-deterrents and
visual deterrents have proven ineffective, then the developer will install a fence as a
last resort to discourage their presence for the benefit of the PGST and their hunting
rights. The fence will only be installed on WDFW and WSDOT’s concurrence that
installation of a fence will not pose a threat to human health and safety.” Replace it
with the following: Nevertheless, the Developer shall construct an exclusion fence
along the western border of the MPR South of Black Point Road, to exclude elk from
the MPR. The Developer will be responsible for determining the precise location of
the exclusion fence, but will consult with the WDFW and the Point No Point Treaty
Council before constructing the exclusion fence. The exclusion fence shall be visible
to Elk, (e.g., using survey tape or branches, or other like means) and shall be at least
8 feet in height. Fencing shall be either woven-wire or electric. Fencing shall be
constructed before or concurrent with clearing the forest and developing greens,
fairways, and lawns at the MPR.”
(12)
up on theMPR shall not be destroyed by the Developer, except where the animal
poses a threat to human health or safety.”
(13)
that end up on the MPR shall not be destroyed by the Developer, except where the
animal poses a threat to human health or safety.”
(14)Add a new bullet in the “Bear” section on page 9 after the last two bullets in that
Developer, except where the animal poses a threat to human health or safety.”
32
(15)Add a new fourth bullet to the end of the “Waterfowl” section on page 10 as
except where the animal poses athreat to human health or safety.”
(16)Delete “install a west oriented fence in any open areas where elk could find access
to the 9 holes of golf course grasses. The Applicant will investigate if there is proven
technology in types of grasses that are not attractive for elk grazing. In the case of
elk, if more than four elk individuals are observed on the site in a 1-year period,
Statesman will use alternative elk management strategies including scare tactics and
fencing as described in the Wildlife Management Strategies section above” in the
second paragraph in the “Summary and Recommendations” section on page 10 and
replace it with the following: “the mitigation measures outlined above.”
This Amendment 1 shall be attached to the Wildlife Management Plan.
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AMENDMENT 1 TO WATER QUALITY MANAGEMENT PLAN
This Water Quality Management Plan is amended as follows:
(1) Section X. is renumbered as Section X.A and Section XI. is renumbered as Section
X.B.; and,
(2) A new Section X is added as follows:
X. Actions tobe Taken, if Sampling Results Show Increasing
Concentrations in Water Quality Parameters
A.Investigation.
If sampling results show three consecutive increases in
concentrations of any one of the water quality parameters sampled
under this Agreement the Developer shall take steps to identifythe
cause of the increase. Under the direction of the JCWQ, the
Developer shall take reasonable steps to investigate the cause of
the increase in the water quality parameters, including but not
limited to inspecting, sampling, or testing to determine the cause,
nature and extent of the increase. JCWQ may require the
Developer to provide a plan for investigation within the time
determined by JCWQ as necessary to address the increasing
concentrations in the water quality parameters.
B.Remediation.
Under thedirection of the JCWQ, the Developer shall eliminate, or
minimize any threat or potential threat to human health or the
environment posed byincreasing concentrations that are caused by
the construction or operations of the Resort, including taking steps
to eliminate, ormodify the source to insureapplicable groundwater
quality standards are not exceeded.
This Amendment 1 shall be attached to the Water Quality Management Plan.
34
May 31, 2018
DEVELOPMENT AGREEMENT
BY AND BETWEENJEFFERSON COUNTY,
WASHINGTON AND PLEASANTHARBOR
MARINA AND GOLF RESORT, LLP
RELATING TO THEDEVELOPMENT
COMMONLY KNOWN AS THEPLEASANT
HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
1
May 31, 2018
Table of Contents
DEVELOPMENT AGREEMENT.....................................................................................1
1RECITALS.................................................................................................................1
2EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD.......................................2
2.1Effective Date................................................................................................2
2.2Term...............................................................................................................2
2.3Build-Out Period............................................................................................2
2.4Modification...................................................................................................2
2.5Exhibits and Appendices................................................................................2
3THE PROPERTY AND THE MASTER PLAN........................................................2
3.1The Property Description...............................................................................2
3.2The Master Plan Components........................................................................2
4NATIVE AMERICAN TREATY RIGHTS...............................................................3
4.1Protection of Native American Treaty Rights................................................3
4.1.1Protection of Fishing Rights.........................................................................3
4.1.2Protection of Hunting Rights........................................................................3
4.2Preservation of Native American Treaty Rights............................................3
5RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE......................3
6PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY.............4
6.1Recognition of Significant Nearby Natural Resources..................................4
6.2Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources.............................................................................4
7RESERVATION OF POLICE POWER OF THE COUNTY....................................4
7.1Police Power..................................................................................................4
7.2Reservation of County Authority...................................................................4
8DEVELOPMENT STANDARDS..............................................................................5
8.1Permitted Uses and Density Standards; Zoning.............................................5
8.2Planning Goals and Objectives......................................................................5
8.3Stormwater Standards....................................................................................5
8.3.1Stormwater Subject to Best Management Practices and the County’s
Stormwater Management Requirements......................................................5
8.3.2Stormwater Management in Public Roads, Rights-of-Way and Easements.5
8.3.3Stormwater Management in Private Rights-of-Ways...................................5
8.4Critical Area Standards..................................................................................5
2
May 31, 2018
8.5Land Division Standards................................................................................6
8.6Shoreline Master Program.............................................................................6
8.7Additional Development Standards...............................................................6
8.8Compliance with Ordinance 01-0128-08.......................................................6
8.8.1Condition 63(e).............................................................................................6
8.8.2Condition 63(f)..............................................................................................6
8.8.3Condition 63(k).............................................................................................6
8.8.4Condition 63(l)..............................................................................................7
8.8.5Condition 63(p).............................................................................................7
8.8.6Condition 63(r)..............................................................................................7
8.8.7Condition 63(s).............................................................................................7
8.8.8Condition 63(t)..............................................................................................8
8.8.9Condition 63(x).............................................................................................8
8.8.10Condition 63(z).............................................................................................8
8.9The Pleasant Harbor MPR Water Service......................................................8
8.10The Pleasant Harbor MPR Wastewater Treatment Plan................................8
8.11Memoranda of Understanding.......................................................................8
8.11.1School Services Mitigation...........................................................................9
8.11.2Fire and EMS Services Mitigation................................................................9
8.11.3Law Enforcement Services Mitigation.........................................................9
8.11.4Transportation Services Mitigation...............................................................9
8.11.5Healthcare Services Mitigation.....................................................................9
8.11.6Housing Mitigation.......................................................................................9
8.11.7Parks and Recreation Mitigation.................................................................10
8.11.8MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08...................10
9STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY
COUNTY..................................................................................................................10
9.1County Processing and Review....................................................................10
9.2SEPA Compliance........................................................................................10
9.2.1Environmental Impact Statement................................................................10
9.2.2Supplemental Environmental Impact Statement.........................................11
9.2.3Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required.......................11
9.2.4Future SEPA Review for Individual Projects.............................................11
9.3Vesting of Development Standards..............................................................12
3
May 31, 2018
9.3.1Scope of Vesting.........................................................................................12
9.3.2Vesting Period.............................................................................................12
9.3.3Default Standards and Requirements..........................................................12
9.3.4State and Federal Law.................................................................................12
9.3.5Building Codes............................................................................................12
10PHASING.................................................................................................................13
10.1Phasing Plan.................................................................................................13
10.1.1Phases Proposed..........................................................................................13
10.1.2Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to
Stand Alone................................................................................................13
10.1.3Phase 1........................................................................................................13
10.1.4Phase 2........................................................................................................13
10.1.5Phase 3........................................................................................................14
10.2Preliminary Facilities...................................................................................14
10.2.1Water System..............................................................................................14
10.2.2Wastewater Treatment System...................................................................14
10.2.3Road Network.............................................................................................14
10.2.4Landscaping................................................................................................14
10.2.5Parking........................................................................................................14
10.2.6County Approval of Preliminary Facilities Required.................................14
10.3Public Amenities and Access.......................................................................15
11INDEMNITY............................................................................................................15
11.1Indemnified Claims......................................................................................15
11.2The Developer’s Obligations.......................................................................15
11.2.1Scope...........................................................................................................15
11.2.2No Waiver of RCW 4.96.020 by the Developer.........................................15
11.2.3Cooperation.................................................................................................16
11.2.4Best Efforts to Obtain Release of the County.............................................16
11.2.5Claims against Both the County and the Developer...................................16
11.2.6The Developer is the Real Party in Interest................................................16
11.3The County’s Obligations............................................................................16
11.3.1Notice..........................................................................................................16
11.3.2Cooperation.................................................................................................17
11.3.3Consent to Counsel Selected by the Developer..........................................17
4
May 31, 2018
11.4Limitations...................................................................................................17
11.4.1No Indemnity for Claims Other than Indemnified Claims.........................17
11.4.2Claims Based on Comparative Fault...........................................................17
12GENERAL PROVISIONS.......................................................................................17
12.1Governing Law............................................................................................17
12.2Binding on Successors.................................................................................17
12.3Assignment...................................................................................................18
12.3.1Right to Transfer, Consent of the County Not Required............................18
12.3.2Obligations of the Developer and Transferee under this Agreement.........18
12.4Release of the Developer’s Liability by Assignment...................................18
12.4.1Transfer and Assumption of All Obligations Under this Agreement
Required......................................................................................................18
12.4.2Results of Effective Assignment.................................................................18
12.4.3Effect of Partial Assignment.......................................................................18
12.5Recording as a Covenant Running with the Land........................................19
12.6Release as to Residential Development.......................................................19
12.7Severability..................................................................................................19
12.8Amendment..................................................................................................19
12.9Headings.......................................................................................................19
12.10Dispute Resolution.......................................................................................19
12.11Default and Remedies..................................................................................20
12.12No Third Party Beneficiaries.......................................................................20
12.13Construction.................................................................................................21
12.14Signature in Counterparts.............................................................................21
12.15Notice...........................................................................................................21
12.16Estoppel Certificates....................................................................................21
12.17Cooperation..................................................................................................22
12.18Voluntary Undertaking................................................................................22
12.19No Waiver....................................................................................................22
12.20No Private CCR Enforcement by the County..............................................22
12.21Entire Agreement.........................................................................................22
12.22No Assignment.............................................................................................23
13REPRESENTATIONS AND WARRANTIES.........................................................23
5
May 31, 2018
List of Attachments
Exhibits:
Exhibit 1 –Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2 –Master Plan Map of the Property
Exhibit 3–Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit 4–Phasing Plans
Appendices:
Appendix A –MPR zoning chapter, Title 17 and 18 as amended
Appendix B –Stormwater Management Requirements, Chapter 18.30.070 JCC
Appendix C –Critical Area Requirements, Chapter 18.22 JCC
Appendix D –Land Division Requirements, Chapter 18.35 JCC
Appendix E–Land Use Application Procedures Requirements, Chapter 18.40 JCC
Appendix F–Shoreline Master Program Requirements, Chapter18.25 JCC
Appendix G –Additional development standards, Chapters 12.05, 12.10, and 18.30 JCC
Appendix H –Water System Plan
Appendix I –Wastewater Treatment Plan
Appendix J –Memoranda of Understanding:
1. Schools Mitigation
2. Fire/EMS Mitigation
3. Law Enforcement Mitigation
4. Transportation Mitigation
5. Health Care Services Mitigation
6. Housing Mitigation
7. Parks and Recreation Mitigation
Appendix K–Ordinance 01-0128-08
Appendix L –Vegetation Management Plan
AppendixM–Conservation Easements
AppendixN–Water Quality Monitoring Plan, including Amendment 1
AppendixO–Neighborhood Water Supply Program
AppendixP–Wildlife Management Plan, including Amendment 1
AppendixQ–Cultural Resources Management Plan
AppendixR–Tunicate Monitoring Agreement
AppendixS–International Dark Sky
AppendixT–LEED Narrative
6
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“this Agreement”) is entered into this
_____day of________, 2018, by and between PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP, a Washingtonlimited liability partnership(referred to as“the
Developer”) and JEFFERSON COUNTY(the “County”), a municipal corporation under
the laws of the State of Washington, pursuant to RCW 36.70B.170-.210.
1RECITALS.
WHEREAS,
the Developeris the owner ofreal property consisting of
approximately 237.88acres located within theCounty which propertyis described with
particularity in Exhibit 1(the“Property”).
WHEREAS,
the County approved the Developer’s application to designate the
Propertyas a master planned resortpursuant to RCW 36.70A.360 in the County
Comprehensive Plan to allowfor resort-related development including, but not limited to,
a golf course and other on-site indoor and outdoor recreational amenities, conference
center, resort-related commercial uses, long-term and short-term residential unitsnot to
exceed 890 units, and open space(“the Pleasant Harbor MPR”).
WHEREAS,
buildout of the Propertyis expected to occur over the next tento
twenty-fiveyears and the Developer, the County, and members of the public at large will
invest considerable time in the County permit and review process for the future buildout
of the Property.
WHEREAS,
the Washington State Legislature enacted RCW 36.70B.170-.210to
strengthen the land use planning process and reduce the costs of developmentby
authorizing the County to enter into anagreement with a landowner regarding the
development of its real property located within the County’s jurisdiction.
WHEREAS,
the County hasdetermined that this Agreement will facilitate orderly
buildout of the Propertywithin the Pleasant Harbor MPR and will further promotegrowth
management and planning objectives of the Countyby providing certainty over time with
respect to permitted densities, uses, infrastructure, development standards and other
aspects of the development review process.
WHEREAS,
the Parties to this Agreement acknowledge the Zoning Ordinance for
the Pleasant Harbor MPR is in conformance with the standards set forth in the Countywide
Planning Policies and the Jefferson County Comprehensive Plan and is consistent with the
goals and requirements of the Growth Management Act, Chapter 36.70ARCWand
Jefferson County Ordinance 01-0128-08.
WHEREAS,
this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
1
NOW THEREFORE
, in consideration of the promises, covenants, and provisions
set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the parties agree as follows:
2EFFECTIVE DATE, TERMAND BUILD-OUT PERIOD.
2.1Effective Date.
The effective date shall be the date of the adoption of a resolution by theJefferson County
Board of Commissioners(“Board of Commissioners”)approving this Agreementas
required by RCW 36.70B.200.
2.2Term.
The term of this Agreement shall be from the effective date to forty-five (45) years after
the effective date or five (5) years after the end of the build-out perioddescribedin Section
2.3, whichever is sooner
2.3Build-Out Period.
The build-out period for purposes of RCW 36.70B.180 shall betwenty-five (25) years
from the effective date or fiveyearsafter the completion of all the phases described in
Section 10, whichever is later.
2.4Modification.
This Agreement may be modified, extended or terminated upon theexpresswritten
agreement of the Developerand the County.
2.5Exhibits and Appendices.
Exhibits 1through 4and Appendices Athrough Tare incorporated herein by this reference
as if fully set forth. In the event of any conflict or inconsistency between the Exhibits and
Appendices and the main body of this Agreement, the main body of this Agreement shall
control.
3THE PROPERTYAND THE MASTER PLAN.
3.1The Property Description.
The Property covered by this Agreement consists of approximately 237.88 acres and is
described with particularity in Exhibit 1.
3.2The Master Plan Components.
For the purposes of this Agreement, the Master Plan for future development of the Pleasant
Harbor MPR consists of the development regulations adopted by the Board of County
Commissioners, the conditions and requirements of Ordinance 01-0128-08, the Final
2
Environmental Impact Statement, theFinal Supplemental Impact Statement, and this
Agreement, inclusive of a Phasing Plan and Master Plan Map of the Property.
4NATIVE AMERICAN TREATY RIGHTS.
4.1Protectionof Native American Treaty Rights.
4.1.1Protectionof Fishing Rights.
The Pleasant Harbor MPRislocated between two public beacheslocatedat the mouthsof
the Duckabush and the Dosewallips Rivers which provide both commercial and
ceremonial/subsistence harvest opportunities to Native American tribes(“tribes”)with
usual and accustomedfishing rights in the area. To protect water quality the Developer
shall construct the Pleasant HarborMPR in accord with theStormwater Management
requirements attached as Appendix B, Shoreline Master Program attached asAppendix F
and Wastewater Treatment Planattached as Appendix I.The Developer will operate the
Pleasant HarborMPR in accord with the Water Quality Monitoring Plan attached as
Appendix Nand the Neighborhood Water Supply Programattached as Appendix O.
The Propertysits atop a bluff above these two public beaches. Further, though located
between these two public beaches, access to the public beaches on the trail from the
Propertyhas been curtailed and will continue to be curtailed permanently.
4.1.2Protectionof Hunting Rights.
ThePort Gamble S’Klallam Tribe(“PGST”)hasexpressed concern that Elk hunted by the
PGSTin areas outside of the Propertycould be attracted to the Pleasant Harbor MPRonce
it is built out. The Developer shall implement the adaptive management measures set forth
in theWildlife Management Plan attached as Appendix Pto mitigate against this concern.
4.2Preservation of Native American Treaty Rights.
The parties respect the tribal treatyrights and have modified the project and imposed
mitigation measures designed, inpart, to protect and preserve thoserights.
Nothing in this Agreement should be viewed as an attempt to curtailor expand the rights
reservedto tribes under their treaties with the United States, including but not limited to
the Point No Point Treaty.
The Developer will continue to cooperate with tribes to protect tribal treaty rights.
5RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE.
The parties and the tribes discussedthe importance of kettles on the Property to the PGST’s
cultural history.
The PGST has applied for including of any Traditional Cultural Propertieson the
National Register of Historic Placesas of the date of this Agreement.If, prior to
3
Developer applying for a grading or building permit for the Pleasant Harbor MPR, the
PGSTapplies for and receives a recommendation from the State Advisory Council on
Historic Preservation that either Kettle B or C is eligible for listing in the National
Register of Historic Places, the Developer shall:
(A)Preserve either Kettle B or C by preventing the selected kettle from being
used for any stormwater storage; and,
(B)Consult with the PGST to arrive at a kettle management plan where the
PGST wouldenhance the selected kettle by removing invasive vegetation
and planting it with native vegetation found at the time of its use by native
people, and to develop and install an educational signsthat explainthe
significance of the kettles to native people.
This provision does not restrict or otherwise prevent Developer from exercising its right to
object to any application that kettles are culturally significant.
6PROTECTION OFWATER QUALITY OUTSIDE OF THE PROPERTY
6.1Recognition of Significant Nearby Natural Resources.
The Developer recognizes the importance of Hood Canal as a source of recreation and
fishing.Protecting water quality in Hood Canal is just as important to the success of the
Pleasant HarborMPR as it is to those who use Hood Canalfor recreation and subsistence.
6.2Developer’s Agreement to Address Impacts of the Pleasant Harbor MPRon
Nearby Natural Resources.
The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPRto
water quality both on-site and off-site.The Developer will construct the Pleasant Harbor
MPR in accord with theStormwater Management requirements attached as Appendix B,
Shoreline Master Program attached as Appendix Fand Wastewater TreatmentPlan
attached as Appendix I. The Developer will operate the Pleasant HarborMPR in accord
with theWater Quality Monitoring Plan attached as Appendix Nand the Neighborhood
Water Supply Programattached as Appendix O.
7RESERVATION OF POLICE POWER OF THE COUNTY
7.1Police Power.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4), theexecution
of a development agreement is a proper exercise of the County’s police power.
7.2Reservation of County Authority.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4)and JCC
18.40.840(3)(d), this Agreement reserves the County’sauthority to impose new or
different regulations to the extent required by a serious threat to public health and safety.
4
8DEVELOPMENT STANDARDS.
8.1Permitted Uses andDensity Standards; Zoning.
TheMaster Plan,permitted land uses,and development regulationsfor development within
the Propertyare set forth in chapter 17.60of theJefferson County Code, attached as
Appendix A.Development of the Propertyshall not exceed 890 residential units,56,608
square feet of commercial spaceand indoor and outdoor recreational spaces when
completed at full build out.
8.2Planning Goals and Objectives.
The planning goals adopted by the County in the Comprehensive Planas of the date of
recording this Agreementshall be the policy guidance and the foundation for all future
development of the Pleasant Harbor MPR.
8.3Stormwater Standards.
8.3.1Stormwater Subject to Best Management Practices and the County’s
Stormwater Management Requirements.
In all future development within the Pleasant Harbor MPR the Developer shall utilize best
management practices (“BMP”) and be subject to the County Stormwater Management
requirements, JCC 18.30.070. A copy of JCC 18.30.070is attached in Appendix B.
8.3.2Stormwater Management in Public Roads, Rights-of-Way and Easements.
The County shall be responsible for the management of stormwaterrunoffin all public
roads,rights-of-way, and easementswithin the Pleasant Harbor MPR that have been
accepted by the County for maintenance orother areaswithin the Pleasant HarborMPR
dedicated to the County.The Developer shall be responsible for the management of
stormwater runoff in all other public areas withinthe Pleasant Harbor MPR as may be
necessary to control stormwater runoff as required by Ordinance 01-0128-08, Condition
63(q).
8.3.3Stormwater Management in Private Rights-of-Ways
The Developer shall be responsible for the management of stormwater runoff in all private
rights-of-ways and other non-public areas such as parking lots or drainage easements, as
may be necessary to control stormwater runoffas required by Ordinance 01-0128-08,
Condition 63(q).
8.4Critical Area Standards
Critical areas and their associated buffers, as well as allowed uses within thecritical areas
of the Pleasant Harbor MPR shall be determined based upon the Jefferson the County
Critical Area requirements, Chapter 18.22 JCC. A copy of Chapter 18.22 JCCis attached
in Appendix C.
5
8.5Land Division Standards
Platting within the Pleasant Harbor MPRshall be pursuant to RCW 58.17 and the County
Land Divisionrequirements,Chapter 18.35JCC,and within the time frames adopted by
theCounty pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347,
Laws of 1995), as codified in Permit Application and Review Procedures/SEPA
Implementation,Chapter 18.40 JCC, and vested in accordance with RCW 36.70B.180.A
copy of Chapter 18.35 JCC and isattached in Appendix Danda copy of Chapter 18.40
JCCis attached in Appendix E.
8.6Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the County
Shoreline Master Program, Chapter 18.25 JCC. A copy of the applicable Shoreline Master
Programrequirementsare attached as Appendix F.
8.7Additional Development Standards.
Additional Development Standards as identified in Chapters 12.05, 12.10,and 18.30 JCC
shall also apply to the extent they do not conflict with the terms of this Agreement. A copy
of Chapters 12.05, 12.10, and 18.30 JCCare attached in Appendix G.
8.8Compliance with Ordinance 01-0128-08.
As conditions to designating the Propertyas a master planned resort per Ordinance 01-
0128-08, the County requires the Developer implement the following requirements:
8.8.1Condition 63(e).
The Developershall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for contracting and employment,
and will prefer local applicants provided they are qualified, available, and competitive in
terms of pricing.
8.8.2Condition 63(f).
The Developer shall prioritize the sourcing of materials from within Jefferson County to
develop the Pleasant Harbor MPR. Nothing in this Section8.8.2shall require that
developer utilize materials or labor from within Jefferson County that are not of
comparable price or quality to their counterparts outside of Jefferson County.
8.8.3Condition 63(k).
The Developer prepared aCultural Resources Management Plan to assure archaeological
investigations and systematic monitoring of the subject property prior to issuing permits;
and during construction to maintain site integrity, provide procedures regarding future
ground disturbing activity, assure traditional tribal access to cultural properties and
6
activities, and to provide for community education opportunities.Developer shall
implementtheCultural Resources Management Planattached in AppendixQ.
8.8.4Condition 63(l).
Developer prepared aWildlife Management Plan focused on non-lethal strategies
developed in the public interestandin consultation with the State of Washington
Department of Fish and Wildlife (“WDFW”) and local tribes, to prevent diminishment of
tribal wildlife resources cited in the Brinnon Sub-Area Plan (e.g., deer, elk, cougar,
waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S.
Hwy 101, to reduce the conflicts resulting from wildlife foraging on high-value
landscaping and attraction to fresh water sources, to reduce the dangers to predators
attracted to the area by prey or habitat, and to reduce any danger to humans.Developer
shall implement the Wildlife Management Plan attached in Appendix P,modified by
Amendment 1 attached thereto.
8.8.5Condition 63(p).
The Developer shall provide access to the water system by any neighboring parcels if salt
water intrusion becomes an issue for neighboring wells on Black Pointwhere it is proven
that the Developer draw down of potable water has caused thesalt water intrusion,and
reserve areas for additional recharge wells will be included in case wells fail, are
periodically inoperable, or cause mounding. A Neighborhood Water Policy Plan is
attached in AppendixO.The Developer will implementthe Neighborhood Water Policy
Plan.
8.8.6Condition 63(r).
The Developer prepared a comprehensive Water Quality Monitoring Plan specific to
Pleasant Harbor requiring water collection,testing andan adaptive management program.
The monitoring plan shall be funded by a yearly reserve, paid for by the Developer and
will include regular offsite sampling of pollution, discharge, and/or contaminant loading,
in addition to any onsitemonitoring regime. The Developer will implementthe Water
Quality Monitoring Plan attached in Appendix N,modified by Amendment 1 attached
thereto.
8.8.7Condition 63(s).
To ensure that natural greenbelts and buffers are maintained and protected, a conservation
easement attached in Appendix Mwill be recorded within 15 days of the effective date of
this Agreement. The Developer will implementthe Vegetation Management Planattached
in Appendix L.The Developer shall, prior to site disturbance, record a conservation
easement protecting any wetlands and their respective buffers identified or created on the
Property.
7
8.8.8Condition 63(t).
The Developer shallconduct ongoing monitoring and maintain an inventory regarding
Tunicates and other invasive species. A Tunicate Agreement is attached in Appendix R.
The Developer will implementthe Tunicate Agreement.
8.8.9Condition 63(x).
The Developer shall use the LEED Shadowing (Leadership in Energy and Environmental
Design) and “Green Built”green building rating system standards. These standards,
applicable to commercial and residential dwellings respectively, “promote design and
construction practices that increase profitability while reducing the negative environmental
impacts of buildings and improving occupant health and well-being.”A Narrative
Demonstrating Compliance with the Intent of LEED Standards is attached in Appendix T.
The Developer will implementLEED Shadowing Standards, but is not required to register
with LEED or obtain LEED certificates or approvals.
8.8.10Condition 63(z).
The Developer shall use the International Dark Sky Association(“IDA”) Zone E-standards
for the MPR. These standards are recommended for “areas with intrinsically dark
landscapes”such as national parks, areas of outstanding natural beauty, or residential areas
where inhabitants have expressed a desire that alllight trespass be limited.Dark Sky and
Energy Star Approved High Efficiency Lighting Standards is attached in Appendix S.The
Developer will implementthe Dark Sky and Energy Star Approved High Efficiency
Lighting Standards.
8.9The Pleasant Harbor MPRWater Service.
Water main extensions and potable water system improvementsfor potable water service
that may be required to serve the Pleasant Harbor MPR shall be installed in conformance
with the most current approved specifications and requirementsas determined by the
Washington State Department of Healthand shall comply withthe Coordinated Water
System Plan (“CWSP”)and all other applicable laws, ordinances, rules and regulations.A
copy of the applicable CWSP is attached in Appendix H.
8.10The Pleasant Harbor MPR Wastewater Treatment Plan.
Sanitary and on-site sewer and future sewer system improvements as required to serve the
Developers Property shall be installed in conformancewith the most current approved
specifications and requirements of the Washington State Department of Health,
Washington State Department of Ecologyandthe CountyDepartment ofPublic Health and
all other applicable laws, ordinances, rules and regulations.
8.11Memorandaof Understanding.
As a condition to designating the Propertyas a master planned resort, the County required
that the Developernegotiate memoranda of understanding or memoranda of agreement to
8
provide needed support forlaw enforcement services,the Brinnon schools,Fire District
No. 4and emergency medical services to mitigate for the potential impacts associated with
development of the Pleasant Harbor MPR.
RCW 36.70A.360(4)(e) provides that a master planned resort is authorized only if on-site
and off-site infrastructure and impacts are fully considered and mitigated. In part, the
memoranda of understanding (“MOUs”)are written to address this requirement.
The partiessecured the following MOUs:
8.11.1School Services Mitigation.
School services to the Pleasant Harbor MPRare provided by the BrinnonSchool District.
Mitigation for school services associated with development of the Pleasant Harbor MPR,
if any, shall be implementedby the Developer as set forth in the MOU attached as
Appendix J-1.
8.11.2Fire and EMS Services Mitigation.
Jefferson County Fire District No. 4 will provide Fire and EMS services within the Pleasant
Harbor MPR. Mitigation for Fire and EMS services associated with development of the
Pleasant Harbor MPR, if any, shall be implementedby the Developer as set forth in the in
the MOU attached as Appendix J-2.
8.11.3Law EnforcementServices Mitigation.
The County will provide law enforcement services within the Pleasant Harbor MPR.
Mitigationfor law enforcement servicesassociated with development of the Pleasant
Harbor MPRshall be implementedby the Developeras set forth in theMOU attached as
Appendix J-3.
8.11.4Transportation Services Mitigation.
Public transportation services to the Pleasant Harbor MPRare provided by Jefferson
County Transit. Mitigation of transportation services associated with developmentof the
Pleasant Harbor MPRshall be implementedby the Developer as set forth in thein the
MOU attached as Appendix J-4.
8.11.5Healthcare Services Mitigation.
Mitigation for health care services associated with developmentof the Pleasant Harbor
MPRshall be implementedby the Developer as set forth in the MOU attached as Appendix
J-5.
8.11.6Housing Mitigation.
The Developer shall comply with Ordinance 01-0128-08, Condition 63(g) related to
affordable housing. This will include but not be limited to the staff housingmitigation
9
associated with developmentof the Pleasant Harbor MPR, if any, which shall be
implementedby the Developer as set forth in the MOU attached as AppendixJ-6.
8.11.7Parks and Recreation Mitigation.
The County, the State and the United States provide areas for parks and recreation in the
vicinity of the Property.Parks and Recreation mitigation associated with development of
the Pleasant Harbor MPR shall be implementedby the Developer pursuant to applicable
state and local law as set forth in the MOU attached as Appendix J-7.
8.11.8MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08.
The County agrees that theMOUslisted in this Section 8.11satisfy condition 63(c) of
Ordinance No. 01-0128-08and adequately mitigate impacts for the proposed development
of the Pleasant Harbor MPR. No additional mitigation will be required,except as provided
in Section 9.2.4.
9STANDARDS FOR DEVELOPMENT AND OTHER MITIGATIONBY
COUNTY.
9.1County Processing and Review.
The review and approval of proposed development applications proposed by the Developer
for the Propertyshall be pursuant to the Pleasant Harbor MPR Zoning Code (Appendix A)
and the County’sPermit Application and Review Procedures/SEPA Implementation,
Chapter 18.40 JCC, which is attached in Appendix E.
9.2SEPA Compliance.
9.2.1Environmental Impact Statement.
The parties acknowledge that potential environmental impacts fromfuture development of
the Pleasant Harbor MPR have been assessed and addressed in prior environmental
documents. The prior reviews were published in the following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marinaand Golf Resort
(September 5, 2007)(“DFEIS”);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27, 2007)(“FEIS”);
Pursuant to Condition 63(b)of Ordinance 01-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems designed
to address the conditions and environmental consequences of the MPR as identified in the
FEIS (Chapter 5) and Conditions63(a)-(dd)in Ordinance 01-0128-08.
10
9.2.2Supplemental Environmental Impact Statement.
The Supplemental Environmental Impact Statementwas published in the following
documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort November 19, 2014(“DSEIS”);
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement December 9, 2015(“FSEIS”).
9.2.3Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required.
The FEIS,DSEISand FSEISare referred to collectively as the “Prior EISs.”Development
shall substantially comply with the express mitigation measures imposed pursuant to the
Prior EISs.
9.2.4Future SEPA Review for Individual Projects.
The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as
well as Condition 63(b)of Ordinance 01-0128-08,for all subsequent approvals or permits
to develop the Pleasant Harbor MPR consistent with thisAgreement, including, but not
limited to, plats, short plats, binding site plans, boundary line adjustments, development
permits, grading permits and building permits. Except as provided in this Section9.2.4,
no further environment impact statementsarerequired, and no additional substantive SEPA
mitigation measures are required for approvals or permits that authorize development that
is consistent with level and range of development analyzed in the Prior EISs.
The County may require additional environmental analysisfor a new or modified proposal
that materially exceeds the level and range of development reviewed in the Prior EISs. For
any such new or modified proposal,relevant information from Prior EISs shall be used to
the fullest extent possible in futureSEPA review. The scope of environmental review shall
be limited to considering how or whether the proposal differs from or exceedsthe scope of
the Prior EISs and if so, whether such modification results in potentially significant adverse
environmental impacts that have not been adequately addressed in the Prior EISs.
Nothing in this Section9.2.4shall release the Developeror its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix K), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
11
9.3Vesting of Development Standards.
9.3.1Scope of Vesting.
To the fullest extent allowed by RCW 36.70B.180, all development proposed on the
Propertyshall be vested to and governed by theterms of this Development Agreement, the
Pleasant Harbor MPR chapter of the Jefferson County ZoningCode, and the Unified
Development Code, now codified at Title 18 of the Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of this
Agreement and attached as Appendices A-I).
9.3.2Vesting Period.
The vesting period shall be the same as the build-out period in Section 2.3. Except as
otherwise provided in Section 9.3,any new or different development standards adopted by
the County during the term of this Agreement shall not apply to the Property.
9.3.3Default Standards and Requirements.
To the extent this Agreement does not establish standards or requirements covering a
subject, element or condition, then the development approval sought shall vest to and be
governed by the County codes, regulations and standards in effect upon the date of
complete application. The development standards identified in this Agreement shall apply
to the Propertyfor the term of this Agreement, except:The Board of County
Commissioners reservesthe authority to modify one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, to avoida serious threat to public health or safety, as provided in RCW
36.70B.170and JCC 18.40.840(3)(d).
9.3.4State and Federal Law.
This Agreement does not relieve the Developerof any obligations to comply with state or
federal laws or regulations of any kindincludingbut not limited to those laws or regulations
related to Native American treaty rights,endangered species,or stormwater.
9.3.5Building Codes.
Jefferson County Code Title 15, The International Building Code and International Fire
Code in effect in the State of Washington as of the date of filing of a complete application
for a building permit shall apply to all new development.
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10PHASING.
10.1Phasing Plan.
10.1.1Phases Proposed.
Pleasant Harbor MPRis a planned resort that is capable of being developed in independent
and severable components or “phases.”Future development of the Pleasant Harbor MPR
and all associated infrastructure, including roads and utilities, may be reviewed, permitted
and constructed and/or bonded in phases or sub-phases.A phasing plan(consisting of three
phases)for developmentof the Pleasant Harbor MPR(reviewed as part of the SEIS) is
attached as Exhibit 4. Each phase may further be broken down into discrete sub-phases as
conditions dictate, but each primary phased must be constructed in the order set forth
below.
10.1.2Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to
Stand Alone.
JCC 18.15.135 requires that if a master planned resort will be phased, each phase must
contain adequate infrastructure, open space, recreational facilities, landscaping and all
other conditions of the Pleasant Harbor MPRsufficientto stand alone if no subsequent
phases are developed. The Developer will comply with JCC 18.15.135 and will complete
or bond all necessary infrastructure to support a phase or sub-phase sufficient for each
phase or sub-phase to stand alone, prior to obtaining approval for a subsequent phase.
10.1.3Phase 1.
Phase 1a consists of site clearing and grading for golf course, road network, building
footprints, and Kettle B. Commence road construction with services and begin
implementation of the vegetation management plan. Create construction materials
processing location on the golf course site.
Phase 1b consists of construction of the LOSS drainfield (wastewater treatment plant
back up system), water storage tank with distribution piping at Tee 5, transit stop,
construct sanitary sewer pump stations, Sea View Villas (170 units), Golf Vistas (32
units) and utility district.
10.1.4Phase 2.
Phase 2a consists of completion of the golf course and Half-way house (adjacent to
fairway 5), develop the new, additionalwell, Kettle C: supplementary replacement to
Kettle B, construct maintenance building and 52 units for staff quarters.
Phase 2b consists of construction of the Golf Terrace Recreation Center and Conference
center/spa (208 units).
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10.1.5Phase 3.
Phase 3a consists of construction of the Maritime Village building consisting of 66 units
and 21,000 square feet of commercial. Construct Highway 101 and Black Point Road
intersection improvements, reconstruct Black Point Road and construct new access road
to WDFW boat launch.
Phase 3b consists of construction of the Golf Terraces 2, 3, and 4 (330 units),
construction of Sea View Villas (14 units) and Golf Vistas (16 units). Complete utility
district for the resort.
10.2Preliminary Facilities.
In addition to the facilities specifically described in Section 10.1each Phase must design
adequate preliminary facilities to service the phase. Preliminary facilities are those
preliminary facilities or improvements that must be approved and installed in concert with
the development of each phase. The preliminary facilities include the following:
10.2.1Water System.
A water system with sufficient water rights to serve the phaseor sub-phaseunder review
and approval.
10.2.2Wastewater Treatment System.
Asewer system with sufficient capacity to accommodate the waste discharge for the phase
or sub-phaseunder review and approval.
10.2.3Road Network.
A road network to accommodate the phaseor sub-phaseunder review and approval.
10.2.4Landscaping.
Landscapingfor the phaseor sub-phaseunder review and approval.
10.2.5Parking.
Associated parking for the phaseor sub-phaseunder review and approval.
10.2.6County Approval of Preliminary Facilities Required.
The County’sapproval of a phaseor sub-phase, whether by preliminary plat or other
process, shall require approval of preliminary facilities for the entire phase.The Developer
may construct preliminary facilitiesfor each lot or tract in conjunction with development
of that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirements within each lot or tract are complete.
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10.3Public Amenities and Access.
Public amenities and access are those facilities and improvements that provide resort
related activities and services. The Pleasant Harbor MPR shall, at a minimum, shall contain
the following resort amenities(1) a9-hole golf course; (2) spa services; (3) sports courts;
(4) pool; and (5) water slides. These amenities shall be completed consistent with
completion of the phase in which the amenity is proposedandmade available to members
of the general public for a fee to be established by the Developer.
11INDEMNITY.
11.1Indemnified Claims.
The indemnified claims are:
(a)Claims for costs, losses, damages or expenses as a result ofthe County’s
approvalof this Agreementandthe Developer’s or the Developer’s
contractors, agents or employees operations under this Agreement
including, but not limited to, claims that this Agreement violates treaty
rightsof tribes;
(b)Claims based on the Developer’snegligence;and,
(c)Claims based on the breach of any of the Developer’s obligations under this
Agreement.
As used in this Agreement the term “indemnified claim(s)”means the claims listed in this
Section 11.1.
11.2The Developer’s Obligations.
11.2.1Scope.
The Developer shall defend, indemnify and hold the County, and its elected officialsand
employees harmless from and shall process and defend at its own expense, including all
costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or
equity arising in whole or in part, directly or indirectly, from anyindemnified claims.
The County retains the right to provide additional counsel for the County’s defense at the
County’s sole expense to assist counsel paid for by the Developer or to monitor any
indemnified claim.
11.2.2No Waiver of RCW 4.96.020 by the Developer.
TheDeveloper shall not attempt to waive the requirements of the filing of a pre-suit claim
against the County under RCW 4.96.020.
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11.2.3Cooperation.
The Developer and County shall cooperate with each other in the defense of any
indemnified claims.The Developershallnot file any pleadings or motionsor take any
positionwith a court, government agency or hearing officerwithout first consulting with
the County.Developer retains sole discretion to pursue defense of Indemnified Claims in
any means it deems appropriate, but cannot take positions on behalf of the County without
the County’s consent.
11.2.4Best Efforts to Obtain Release of the County.
If the Developer settles any indemnified claim, the Developer will use its best efforts to
obtain a release of the indemnified claim for the County, and its elected officialsand
employees.
11.2.5Claims againstBoth the County and the Developer.
The Developer wishes to avoid the expenses of a separate defense of both it and the County
should any person assert an indemnified claim against both the Developer and the County.
Accordingly, the Developeragrees to provide joint counsel to represent both the Developer
and the County at the Developer’s sole expensewhen indemnified claims are made against
both the County and the Developer.However, the County retains the right to substitute its
own counsel in place of joint counsel at the County’s sole expense or to provide additional
counsel at the County’s sole expense to assist counsel paid for by the Developer or to
monitor any indemnified claim.
11.2.6The Developer is the Real Party in Interest.
For any indemnified claim where the Developer is required to provide the County a defense
pursuant to Section 11, the Developer shall make it clear that it is the real party in interest
on any indemnified claims made against the County and that: (i) Any positions the
Developer takes in defending the indemnified claims are the positions of the Developer
and not the County; and, (ii) Any positions the Developer takes in defending the
indemnified claims are not necessarily the positions the County would take if it were the
real party in interest.
11.3The County’s Obligations.
11.3.1Notice.
The County shall provide notice to the Developerof any indemnified claim it receives
within fourteen days of receipt of such claim.For the avoidance of doubt,the notice
required under this Section 11.1.3includes notice of any pre-suit claim presented tothe
County under RCW 4.96.020.
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11.3.2Cooperation.
The County shall cooperate with the Developer in the defense of anyindemnified claims.
The County shall not file any pleadings or motions or take any position with a court,
government agency or hearing officer without first consulting with the Developer.
11.3.3Consent to Counsel Selected by the Developer.
The County may consent to the representation by counsel selected by the Developer and
provide appropriate waivers of conflicts of interest to counselselectedby the Developer.
Provided, however, that if the County refuses to consent or to provide appropriate waivers
of conflicts of interest, the Developer may suspend performance of the indemnity
obligations under this Section 11.
11.4Limitations.
11.4.1No Indemnity for Claims Other than Indemnified Claims.
Nothing in this Section 11shall require the Developer to indemnify, hold harmless,or
defend the County from claims, demands or suits based on claims against the County that
are not indemnified claims andare based solely upon the conduct of the County, its elected
officials, employees and agents.
11.4.2Claims Based on Comparative Fault.
If the claims or suits are caused by or result from the comparative faultof: (i) the
Developer’s agents or employees; and, (ii) the County, its elected officials, employees and
agents, this indemnity provision with respect to claims or suits based upon such
comparative fault,thenthe claims shall be treated as claims against both the County and
the Developer under Section 11.2.6untila final, enforceable judgment is entered. After a
final, enforceable judgment is entered, theDeveloperand the County shall each be
responsible for their shares of the final, enforceable judgment.
12GENERAL PROVISIONS.
12.1Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws and
regulations of the State of Washington, as if applied to transactions entered into and to be
performed wholly within the State of Washington between residents of the State of
Washington. No party shall argue or assert thatany law other than Washington law applies
to the governance or construction of this Agreement.
12.2Binding on Successors.
This Agreement shall be binding upon and inure to the benefit of the successors, successors
in title and assigns of the Developerand uponthe County.
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12.3Assignment.
12.3.1Right to Transfer, Consent of the CountyNot Required.
The parties acknowledge that development of the Pleasant Harbor MPRmay involve sale
and assignment of portions of the Propertyto other persons who will own, develop and/or
occupy portions of the Propertyand buildings thereon. The Developershall have the right
to assign or transfer all or any portion of the respective interests, rights or obligations under
this Agreement or inthe Propertyto other parties acquiring an interest or estate in all or
any portion of the Property, including transfer of all interests through foreclosure (judicial
or non-judicial) or by deed in lieu of foreclosure, provided transferee agrees to assumeall
obligations of the Developer under this Agreement. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreement.
12.3.2Obligations of the Developerand Transferee under this Agreement.
Upon the transfer or assignment under this Section12.3and the transferee’sassumption of
all obligations of the Developer under this Agreement, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement pertaining to the
property transferred or assigned, and the Developershall be released of liability under this
Agreement for the property transferred or assigned, but shall retain liability for any breach
which occurred prior to the transfer of rights to another party and for those portions of the
Property still owned bythe Developer.
12.4Release of the Developer’sLiabilityby Assignment.
12.4.1Transfer and Assumption of All Obligations Under this Agreement
Required.
The Developershall be released of all liabilities and obligations under the Agreement if:
(a) TheDeveloperprovides notice to the County of an Assignment of the
Agreement;and,
(b) Thetransfereehas assumed in writing the all the obligations of this
Agreement.
12.4.2Results of Effective Assignment.
If the conditions for release are met under this sub-section, then from and after the date of
transfer, the Developershall have no further liability or obligation under the Agreement,
and the assignee shall exercise the rights and perform the obligations of the Developer
under the Agreement for that portion of the Propertyacquired by the successor or assign.
12.4.3Effect of Partial Assignment.
The parties acknowledge that the Developermay transfer or assign title to a portionof the
Propertyin any manner consistent with this Agreement. Should the transfer or assignment
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of title relate to only a portion of the Property, then the release of liability pursuant to this
paragraph shall only apply to acts or omissions arising fromor related to the portion of the
Propertybeing assigned or transferred.
12.5Recordingas a Covenant Running with the Land.
This Agreement shallbe recorded with the County Auditor against the Propertyas a
covenant running with the land andpursuant to RCW 36.70B.190shall be binding on the
Developer, its successors, successors in title and assignsduring its Term.The parties agree
that the appendices need not be recorded.
12.6Release as to Residential Development.
Upon the approval of a finalplat, a condominium declaration or other approved land
division in compliance with this Agreement that relates to residential development of the
Property, then there shall be executedand recorded with theCounty Auditor a release from
this Agreementwithrespect to that particular and specific parcel or parcels of real property
that received final plat approval, filed a condominium declaration or was the subject of
other approved land division.Residential development on the parcel or parcels released
pursuant to this subsection shall continue to be subject to the requirements of the
development regulations listed in Sections7and 8.1.
12.7Severability.
If any provision of this Agreement is determined by a court of law to be unenforceable or
invalid, then the remainder of the Agreement shall remain in full force and effect. Further,
as to those provisionsheld by a court of law to be unenforceable, the parties shall confer
and agree to amend the Agreement to implement the mutual intent of the parties to the
maximum allowed by law.
12.8Amendment.
This Agreement shall not be amended without the express written approval of the County
and the Developer(or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approveall amendments to this Agreement by ordinance or resolution and only after notice
to the public and a public hearing.
12.9Headings.
The headings in this Agreement are inserted for reference only and shall not be construed
to expand, limit or otherwise modify the terms and conditions of this Agreement.
12.10Dispute Resolution.
In the event of any dispute relating to this Agreement, all parties upon the written request
(to be titled “Notice of Dispute”)of any other party, shall meet within the five (5) business
days to seek in good faith to resolve the dispute. The County shall send a department
19
director or the qualified lead planner and other persons with information relating to the
dispute, and the Developershall send an owner’s representative and any consultant or other
person with technical information or expertise related to the dispute. If the partiesare
unable to reach amicable resolution of a dispute within thirty (30) days of the written Notice
of Dispute issued by one of the parties, the parties agree that they will immediately identify
a mediator and participate in mediation in good faith. The selected mediator shall have
documented experience and expertise in Washington land use law. The parties agree to
work cooperatively to select a mediator with land use and real estate experience. Each
party will identify and propose to the other party three potential mediators. Between the
proposed mediator lists, the parties will select a mutually agreeable mediator to resolve the
dispute. The mediation shall be completed within 90days of the original written Notice
of Dispute by one of the parties. If the parties are unable to reach a resolution following
timely mediation, each party reserves the rightto seek resolution and pursue remedies
available under this Agreement and at law. The parties agree that the cost of mediation
pursuant to this paragraph shall be borne equally by the parties to this Agreement.The
parties may agree in writing to extendany deadline or time frame listed in this Section
12.10.
12.11Default and Remedies.
No party shall be in default under this Agreement unless it has failed to perform a material
provision under this Agreement for a period of thirty (30) days after written notice of
default from any other party. Each notice of default shall specify the nature of the alleged
default and the manner in which the default may be cured satisfactorily. If the nature of
the alleged default is such that it cannot be reasonably cured with the thirty (30) day period,
then commencement of the cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure. Any party not in default under this
Agreement shall have all rights and remedies provided bylaw including without limitation
damages, specific performance or writs to compel performance or require action consistent
with this Agreement. In recognition of the possible assignment and sale of portions of the
Property(see Section 12.3)any claimed default shall relate as specifically as possible to
the portion of the Property involved and any remedy against any party shall be limited to
the extent possible to the owners of such portion of remedies which do not adversely affect
the rights, duties or obligations of any other non-defaulting owner of portions of the
Propertyunder this Agreement. Each party to this Development Agreement shall be solely
responsible for the costs they incur with respect to asserting or defending against any
dispute, alleged default or civil lawsuit.
12.12No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors in title and assigns. No other person shall have any right of
action based upon any provision of this Agreement.
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12.13Construction.
This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
12.14Signature in Counterparts.
Separate copies of this Agreement may be signed by each of the parties and this Agreement
will have the same force and effect as if the original had been signed by all the parties.
12.15Notice.
All communications, notices and demands of any kind which a party under this Agreement
requires or desires to give to any other party shall be in writing deposited in the U.S. mail,
certified mail postage prepaid, return receipt requested, and addressedas follows:
To the County:Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc:Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
ToPleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E.Raintree Drive, Suite 100
Scottsdale, Arizona 85269
cc:John T. Cooke
Houlihan Law
th
100 N. 35St.
Seattle, WA 98103
12.16Estoppel Certificates.
Within 30 days following any written request that any party or a mortgagee may make from
time to time, the other party shall execute and deliver to the requesting person a statement
certifying that: (a) this Agreement is in full force and effect, and stating any formal
21
amendments to the Agreement; and, (b) to the best of the knowledge of the certifying party,
no notice of default has been sent and no notice of violation of applicable laws has been
issued regarding the project; and any other reasonably request information. Failure to
provide a timely response to the requesting party shall be deemed conclusive evidence that
the Agreement is unmodified and in full force and effect and that no notices of default or
violation have been issued. Issuance of estoppel certificates is an administrative matter
within the County. The County shall have no liability to the requesting party if it provides
an estoppel certificate in good faith and with reasonable care.
12.17Cooperation.
The parties shall not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement. The parties agree to take further actions and execute
further documents, whether jointly or within their respective powers and authority, to
implement the intent of this Agreement.
12.18Voluntary Undertaking.
This Agreement is entered into voluntarily and without any coercion by or undue influence
on the part of any person, firm or corporation.
12.19No Waiver.
No waiver by any party of any term or condition of this Agreement shall be deemed or
construed as a waiver of any other term or condition, or a waiver of any subsequent breach,
whether of the same or a different provision of this Agreement.
12.20No Private CCR Enforcement by the County.
The parties acknowledge and agree that nothing in this Agreement shall alter, infringe
upon, modify, change, limit or restrict the ability or powers of the existing neighborhood,
tract or subdivision property owner or lot owner associations from enforcing, interpreting
and utilizing any and all covenants, conditions or restrictions that pre-exist this Agreement
or covenants, conditions or restrictions recorded with the County Auditor after the effective
date of this Agreement.
The parties further acknowledge andagree that the County bears no responsibility for the
enforcement, interpretation or resolution of any dispute, filing, grievance, complaint or
appeal that might arise as a result of recorded covenants, conditions or restrictions relating
to tracts, subdivisions, lots or parcels within the Pleasant Harbor MPR.
12.21Entire Agreement.
This Development Agreement consists of the Resolution approving the Agreement, the
Agreement, Exhibits 1-4, and Appendices A-T.This Agreement constitutes the entire
agreement between the parties relating to this subject matter.There are no other
agreements, oral or written, except as expressly set forth herein.Except as specifically
22
provided in this Agreement, this Agreementsupersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral.
12.22No Assignment.
The Developer represents, warrants and agrees that it has not assigned, transferred,
conveyed, encumbered or in any manner otherwise disposed of all or any portion of the
Propertyor any rights, obligations, or interests of any nature or kind whatsoever covered
by this Agreement, whether before or after they occurred, regardless of whether they have
occurred as of the date of this Agreement.
13REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Eachis fully authorized to enter into this Agreement;
(b) Eachhas taken all the necessary actions to duly approve the making and
performance of this Agreement and that nofurther approval is necessary;
(c) Eachhas read this Agreement in its entirety and knows the contents of this
Agreement;
(d) Theterms of this Agreement are contractual and not mere recitals; and,
(e)Eachhave signed this Agreement having obtained the advice of legal
counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
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Signatures
JEFFERSON COUNTY
Jefferson County Board of County Commissioners
By_____________________________
Chair, Kathleen Kler
Date: _____________________________
By_____________________________
Member, David Sullivan
Date: _____________________________
By_____________________________
Member, Kate Dean
Date: _____________________________
APPROVED AS TO FORM:
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting
Attorney
Date: __________________________
Patricia L. Charnas
Director of Community Development
Date: __________________________
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PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
By:_____________________________
M. Garth Mann
Its:Manager
Date: _____________________________
Acknowledgement
STATE OF WASHINGTON)
) ss
COUNTY OF __________________)
On this _____ day of ___________________, 2017, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Melvin G. Mann, to me known to be the person who signed as manager of
Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited liability company
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses and
purposes therein mentioned, and on oath stated that he was duly elected, qualified and
acting as said officer of the limited liability company and that he was authorized to execute
said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _____day of __________________, 2017.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at .
My Appointment Expires:
25
Exhibit1
(LEGAL DESCRIPTION–CONTAINED ON THE FOLLOWING PAGES)
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101, and
together with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at
Figure 1-5, page 1-4 of the Brinnon Master Planned Resort FEIS issued November 27,
2008.
Parcel A APN 502153002
The Northeast ¼ of the Southwest ¼ of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through,
across and over the following described property:
Beginning at the Southeast corner of the Southwest ¼ of the Northwest ¼ of said Section
15;
thence run West, along the South line of said Southwest ¼ of the Northwest ¼,
approximately 175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when measured at right angles;
thence East, parallel to said South line, to the East line of said Southwest ¼ of the
Northwest ¼;
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East ½ of the Northwest ¼ of the Southwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed tothe State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated August
28, 1933, and recorded under Auditor’s File No. 70817, records of Jefferson County,
Washington.
Situate in the County of Jefferson, State of Washington.
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Parcel C APN 502153023
Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest ¼ of the Southeast ¼ and Government Lot 7 of said Section 15, and
Government Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest ¼ of the Southeast ¼, and East of the Southerly prolongation of said West line;
Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly
of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in front of, adjacent to and abutting uponthe West ½ in width of said Government
Lot 2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor’s File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described asfollows:
Beginning at a point of intersection of the East line of the Northwest ¼ of the Southeast
¼ and the Southerly margin of the Black Point Road;
thence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence North to thepoint of intersection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest ¼of the Northwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
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Except the right of way for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor’s File Nos. 223427 and 410399, records of Jefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest corner of Government Lot 3;
thence North 8823’07”West 308.14 feet to the Southeasterly right of way of State
Highway No. 101, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 8823’07”East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest ¼ of the Northwest ¼,
100 feet West of said high tide line;
thence North 8823’07”West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded inVolume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion of Lot 1 described as follows:
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That portion of Government Lot 3 abutting second class tidelands in Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington, being more particularly
described as follows:
Commencing at the North ¼ corner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 8813’42”East along the North line of said Section 15 for a distance of
364.50 feet to the point of beginning;
thence continuing South 8813’42”East 238.76 feet to the line of mean high tide;
thence South 6112’00”West along the line of mean high tide 34.78 feet;
thence North 4041’54”West along the line of mean high tide 3.31 feet;
thence South 6236’19”West along the line of mean high tide 26.83 feet;
thence South 8754’36”West 166.65 feet;
thence North 2121’05”West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North
line thereof;
Togetherwith that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
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Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situatein the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation of the East line of said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
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AMENDMENT 1 TO WILDLIFE MANAGEMENT PLAN
This Wildlife Management Plan is amended as follows:
(1)Delete the sentence on page 5, paragraph 2 that reads: “Elk migrate on a seasonal
pattern and can be expected to be in the project vicinity during certain times of the
year.”
(2)Delete “and inhabit the site for short durations during the year” fromthe sentence on
page 5, paragraph 2 that reads:“Elk could potentially wander onto Black Point and
inhabit the site for short durations during the year.”
(3)After the sentence on page 5, paragraph 2 that reads:“According to Bryan Murphie
(wildlife biologist with WDFW), there are two unique herds in the area: Duckabush
and the Dosewallips herds (personal communication, 2017).”add the following
sentence: “the Point No Point Treaty Council’s census records show that at times the
Duckabush herd hascontainedas many as 80 individuals.”
(4)After the sentence on page 5 paragraph 2 that reads: “Both herds have the potential
…,” add the following: “Some elk migrate seasonally. The Duckabush herd is
resident year-round, and has not undergone a true migration since1993. Some
individual elk are nomadic, and may travel up to 13 kilometers from one end of their
range to the other. As a result, it is possible that most of the Duckabush heard would
be in the vicinity of the MPR all year, posing the risk that elk will cross Highway 101
and visit the MPR.”
(5)
up on the MPR shall not be destroyed by the Developer, except where the animal
poses a threat to human health or safety.”
(6)Delete “because the site is adjacent to mapped elk crucial wintering range” from the
sentence on page 7 that reads: “Elk have not been identified on the property but there
is a potential for their presence because the site is adjacent to mapped elk crucial
winteringrange (WDFW 2017).”
(7)Delete the following to the sentence from page 7: “Therefore, another potential
strategy to reduce elk and vehicular incidents is to install collars on elk that are linked
to signs on Highway 101.”
(8)Delete the following to the sentencefrom pages 7-8: “However, this strategy would
not prevent elk from entering the project site and is not always aneffective strategy
(personal communication with Fish and Wildlife Biologist at WSDOT 2017; personal
communication with Wildlife Biologist at WDFW 2017).”
(9)After the first sentence in the first full paragraph on page 8 that reads: “To help
prevent elk and vehicle collisions, Statesman will install flashing signs that are
associated with collared elk.” add the following: “A flashing sign shall be located on
the East side of Highway 101 on both the North and the South sides of the Pleasant
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Harbor MPR, in a precise locations determined by the Developer, after consultation
with the Washington Department of Fish and Wildlife (WDFW).The Developer also
will work with the WDFW to attach devices to area elk that would trigger the flashing
signswhen the Elk approach them.The WDFW will determine how theflashing
signswill interface with the elk movements, who will be responsible for capturing
and collaring elk, who will replace collars when they wear out, and who will be
responsible for maintenance of all the system components.The Developer will
reimburse WDFW for installation of two flashing signs and provide reimbursement
of up to $10,000 to WDFW for elk collars on the Duckabush herd and other system
components for the program.”
(10)Delete the following from the last sentence in the first full paragraph on page 8 as
follows: “If more than four elk (which could be a herd) are observed accessing the
property within a one year span,” so the sentence would read: “Statesman will
employ the following strategies to remove and discourage elk from the site:”
(11)Delete the all the language in the second bullet on page 8 as follows: “Once the
property is developed and should there be more than four elk on the property at one
time after the developer has determined that noise-deterrents, smell-deterrents and
visual deterrents have proven ineffective, then the developer will install a fence as a
last resort to discourage their presence for the benefit of the PGST and their hunting
rights. The fence will only be installed on WDFWand WSDOT’s concurrence that
installation of a fence will not pose a threat to human health and safety.” Replace it
with the following: Nevertheless, the Developer shall construct an exclusion fence
along the western border of the MPRSouth of Black Point Road, to exclude elk from
the MPR. The Developer will be responsible for determining the precise location of
the exclusion fence, but will consult with the WDFW and the Point No Point Treaty
Council before constructing the exclusion fence. The exclusion fence shall be visible
to Elk, (e.g., using survey tape or branches, or other like means) and shall be at least
8 feet in height. Fencing shall be either woven-wire or electric. Fencing shall be
constructed before or concurrent with clearing the forestand developing greens,
fairways, and lawns at the MPR.”
(12)
up on the MPR shall not be destroyed by the Developer, except where the animal
poses a threat to human health or safety.”
(13)
that end up on the MPR shall not be destroyed by the Developer, except where the
animal poses a threat to human health or safety.”
(14)Add a new bullet in the “Bear” section on page 9 after the last two bullets in that
Developer, except where the animal poses a threat to human health or safety.”
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(15)Add a new fourth bullet to the end of the “Waterfowl” section on page 10 as
except where the animal poses a threat to human health or safety.”
(16)Delete “install a west oriented fence in any open areas where elk could find access
to the 9 holes of golf course grasses. The Applicant will investigate if there is proven
technology in types of grasses that are not attractive for elk grazing. In the case of
elk, if more than four elk individuals are observed on the site in a 1-year period,
Statesman will use alternative elk management strategies including scare tactics and
fencing as described in the Wildlife Management Strategies section above” in the
second paragraph in the “Summary and Recommendations” section on page 10 and
replace it with the following: “the mitigation measures outlined above.”
This Amendment 1 shall be attached to the Wildlife Management Plan.
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AMENDMENT 1 TO WATER QUALITY MANAGEMENT PLAN
This Water Quality Management Plan is amended as follows:
(1) Section X. is renumbered as Section X.A and Section XI. is renumbered as Section
X.B.; and,
(2) A new Section X is added as follows:
X. Actions to be Taken, if Sampling Results Show Increasing
Concentrations in Water Quality Parameters
A.Investigation.
If sampling results show three consecutive increases in
concentrations of any one of the water quality parameters sampled
under this Agreement the Developer shall take steps to identify the
cause of the increase. Under the direction of the JCWQ, the
Developer shall take reasonable steps to investigate the cause of
the increase in the water quality parameters, including but not
limited to inspecting, sampling, or testing to determine the cause,
nature and extent of the increase. JCWQ may require the
Developer to provide a plan for investigation within the time
determined by JCWQ as necessary to address the increasing
concentrations in the water quality parameters.
B.Remediation.
Under the direction of the JCWQ, the Developer shall eliminate, or
minimize any threat or potential threat to human health or the
environment posed by increasing concentrations that are caused by
the construction or operations of the Resort, including taking steps
to eliminate, or modify the source to insure applicable groundwater
quality standards are not exceeded.
This Amendment 1 shall be attached to the Water Quality Management Plan.
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