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HomeMy WebLinkAbout102119_ca05 615 Sheridan Street < � Port Townsend, WA 98368 �. �e�tnson www.JeffersonCountyPubllcHealth.org Consent Agenda Public Healt September 25, 2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item — Project Agreement Conservation Futures Fund Acquisition project Snow Creek Middle Reach Forest Protection; Jefferson Land Trust, Sponsor; October 1, 2017 — October 1, 2021; $25,385 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Public Health, requests Board approval of the Project Agreement between JCPH and Jefferson Land Trust, Conservation Futures Fund Acquisition project for Snow Creek Middle Reach Forest Protection; October 1, 2017 — October 1, 2021; $25,385 Conservation Futures Fund Grant and $124,015 Project Sponsor, Jefferson Land Trust, for a total project cost of $149,400. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Project Agreement contracts Jefferson County Public Health to administer a Conservation Futures Fund grant received in response to a proposal, by sponsor Jefferson Land Trust, to purchase the real property known in the records of the Jefferson County Assessor as APN#s 946200001, 946200002, 946200003, 946200004, 946200006, and 802024005. The additional cost of the fee simple purchase is met by Jefferson Land Trust. The Conservation Future Fund's expenditure is limited to $25,385 and may not exceed 16.99% of the total project cost. Acquisition of the Snow Creek Middle Reach Forest Protection promotes Conservation Futures Program efforts to preserve important open space lands that provide a variety of habitat for flora and fauna. FISCAL IMPACT/COST BENEFIT ANALYSIS: The Project Agreement is fully funded by the Jefferson County Conservation Futures Fund grant. RECOMMENDATION: JCPH management request approval of the Professional Agreement with Jefferson Land Trust for Conservation Futures Fund, Snow Creek Middle Reach Forest Protection Acquisition; October 1, 2017 — October 1, 2021; $25,385. R,EVFI1l;WED BY: tr-old s.-1111114 571"y lip Morley, •ounty Administr. •- Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: Jefferson Land Trust Project Title: Snow Creek Middle Forest Protection Project Contract Number: WQ-19-171 Approval: Resolutions No. 45-18 A. Parties to the Agreement This Project Grant Agreement(Agreement)is entered into between Countyof Jefferson (County),PO Box 1220,Port Townsend, Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence Street,Port Townsend,WA 98368,and shall be binding upon the agents and all persons acting by or through the parties. B. Purpose of the Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund.The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor. C. Description of Project The subject project is described in the Scope of Work(Appendix A),Resolution No.45-18 (Appendix B), and the revised 2018 Conservation project application for the Snow Creek Middle Forest Protection Project(Appendix C).Jefferson County Conservation Futures Funds("CFF")in an amount not to exceed$25,385 will be used towards the fee simple acquisition by Jefferson Land Trust of six parcels known in the records of the Jefferson County Assessor as APN#s 946200001, 946200002,946200003, 946200004,946200006, 802024005 and described in the Draft Statutory Warranty Deed(Appendix D). The Land Trust purchase of the property will protect a segment of Snow Creek and the associated forest,riparian lands and ecosystem services. The following language will be included in the Statutory Warranty Deed to protect the County's interests and conservation values as presented in the application for Conservation Futures funding: In order to permanently protect fragile ecosystems and to extend an existing wildlife habitat corridor known as the Snow Creek Middle Forest Preserve, the Grantors and the Grantee herein covenant and agree that the real property that is the subject of this Deed shall be maintained, retained and conserved in perpetuity in its natural state by the Grantee, its successors and assigns. This covenant is deemed to touch upon and run with the land in strict conformance with RCW 84.34.230. The land was acquired in part with Jefferson County Conservation Futures funds and shall not shall not be converted to a different use unless and only if other equivalent lands within the Jefferson County (the County) are received by the County in exchange. The foregoing covenant does not apply to the following: Trails; Large woody debris treatment and floodplain reconnection; Planting of any vegetation or trees that are native to the Pacific Northwest; 1 2018 Snow Creek Middle Reach Forest Protection Project Removal ofspecies that are not native to the Pacific Northwest; Removal of any dead, diseased, or dangerous trees that constitute a hazard to life or property. Restoration activities to enhance and improve Snow Creek salmon habitat D. Periods of Performance The Project reimbursement period for acquisition expenses shall begin on October 1,2017 and end on October 1, 2021 unless proof of match is provided prior to this date.No expenditure made before October 1,2017 is eligible for reimbursement unless incorporated by written amendment into this Agreement. Annual reporting is required every October beginning in 2019 until three years after the acquisition funds are dispersed. E. Project Funding The total grant award provided by the Conservation Futures Fund(CFF)for the Project shall not exceed$25,385 and Jefferson County CFF shall not pay any amount beyond that approved herein for funding of the Project. The Sponsor shall be responsible for no less than eighty-three point zero one percent(83.01%)of the total Project cost and all Project costs in excess of$25,385.The contribution by the Sponsor toward work on the Project shall be as indicated below. The contribution by the County toward work on the Project is described immediately above and in"C"above. Acquisition 0 &M Totals °A) Match Conservation Futures—Snow Creek Middle Reach Forest $25,385 $0 $25,385 16.99% Project Sponsor Contribution $118,515 $5,500 $124,015 83.01% Totals $143,900 $5,500 $149,400 100% F. Unexpended Project Allocations Should unexpected Project allocations, including(but not limited to)project completion at less than the estimated cost or(alternatively)the abandonment of the Project occur,then the Sponsor shall notify the County. G. Rights and Obligations All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's revised application and Jefferson County Conservation Futures Program Manual for the 2018 Funding Cycle(Appendix E). Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations,except those concerning the period of performance,must be signed by both parties.Period of performance extensions need only be signed by Jefferson Board of County Commissioners. H. Indemnification Contractor shall indemnify and hold harmless the County, its officers,and employees, from and against all claims, losses or liability, or any portion thereof, including reasonable 2 2018 Snow Creek Middle Reach Forest Protection Project attorney's fees and costs,arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Contractor shall be liable only to the extent of Contractor's proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense,the Contractor specifically waives any immunity under the state industrial insurance law,Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. I. Insurance The Sponsor shall secure and maintain in force throughout the duration of this contract policies of insurance as follows: If and only if the Sponsor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor,partners,owners or shareholders of the Sponsor,Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s)as established by the State of Washington or the state or province where the Sponsor is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Sponsor's performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two(2) times the occurrence amount($2,000,000.00 minimum)for bodily injury, including death and property damage,unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage,with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; d. Premises—Operations Liability(M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The County shall be named as an additional insured party under this policy. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)days of execution of this agreement. 3 2018 Snow Creek Middle Reach Forest Protection Project Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve the Sponsor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof,may be withheld from payment due, or to become due,to the Sponsor until such time as the Sponsor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a"Risk Pool" created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of insurance the Sponsor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Sponsor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Sponsor to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Sponsor's failure to comply with all provisions of this contract relating to insurance,withhold payment or compensation that would otherwise be due to the Sponsor. J. Independent Contractor The Sponsor and the County agree that the Sponsor is an independent contractor with respect to the services provided pursuant to this agreement.Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto.Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits 4 2018 Snow Creek Middle Reach Forest Protection Project accorded County employees by virtue of the services provided under this agreement.The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Sponsor,or any employee of Sponsor. The Sponsor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. K. Ownership and Use of Documents All documents, drawings, specifications and other materials produced by the Sponsor in connection with the services rendered under this agreement shall be the property of the Sponsor whether the project for which they are made is executed or not.The County shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference, and use in connection with the Sponsor's endeavors. L. Compliance with Applicable Statutes,Rules,and Jefferson County Policies This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including RCW 84.34.210, and published agency policies, which are incorporated herein by this reference as if fully set forth. M. Sponsor's Accounting Books and Records The Sponsor shall maintain complete financial records relating to this contract and the services rendered including all books,records, documents,receipts, invoices, and all other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this contract. The Sponsor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of ten(10)years after the date of the final payment to Sponsor. Copies shall be made available upon request. N. Licensing,Accreditation and Registration The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting, and registration requirement/standards necessary for the performance of this contract. O. Disputes Except as otherwise provided in this contract,when a bona fide dispute arises between Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator assigned by or associated with Jefferson County District Court. Either party's request for a dispute hearing must be in writing and clearly state: a. the disputed issue(s), b. the relative positions of the parties, and c. the Sponsor's name, address and Agency contact number These requests must be mailed to the Project Manager,Jefferson County Environmental Public Health Department,615 Sheridan St.,Port Townsend,WA 98368,within fifteen(15) days after either party received notice of the disputed issue(s).The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties will split evenly the cost of mediation or whatever form of dispute resolution is used. P. Termination for funding Jefferson County may unilaterally terminate this contract in the event funding from state, federal, or other sources are withdrawn,reduced, or limited in any way after the effective date of this contract. 5 2018 Snow Creek Middle Reach Forest Protection Project Q. Termination for Convenience The County reserves the right to terminate this agreement at any time by giving ten (10)days written notice to the Sponsor. R. Assignment The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this agreement without the express written consent of the County. T. Non-Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. U. County Does Not Assume Additional Duties The County does not assume any obligation or duty, except as required by federal or state law,to determine if Sponsor is complying with all applicable statutes,rules,codes ordinances or permits. V. Agreement Representatives All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Sponsor Contact Conservation Futures Program Contact Sarah Spaeth, Director of Conservation Tami Pokorny,NR Program Coord. Jefferson Land Trust Jefferson County Environmental 1033 Lawrence St. Public Health—Conservation Futures Port Townsend,WA 98368 615 Sheridan Street Port Townsend, WA 98368 These addresses shall be effective until receipt by one party from the other of a written notice of any change. W. Entire Agreement/Severability This agreement, along with all attachments,constitutes the entire agreement of the parties.No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void,all other sections of this Agreement shall continue to have full force and effect. X. Effective Date This agreement, for the 2018 Snow Creek Middle Reach Forest Protection Project shall be effective upon signing by all parties. Y. Venue: Venue for any litigation arising from this Project Agreement shall be only in the Superior Court In and for Jefferson County. Each party to this agreement shall be responsible for their litigation costs, including attorney's fees. DATED this day of 2019. (SIGNATURES FOLLOW ON THE NEXT PAGE) 6 2018 Snow Creek Middle Reach Forest Protection Project SIGNATURE PAGE JEFFERSON COUNTY BOARD OF COMMISSIONERS Name of Contractor Kate Dean, Chair Contractor Representative (Please print) David Sullivan,Member (Signature) Greg Brotherton,Member Title Date ATTEST: By: Carolyn Gallaway Deputy Clerk of the Board APPROVED AS TO FORM ONLY: By: ac, 1 t bl ith Philip C.Hunsucker Chief Civil Deputy Prosecuting Attorney 7 2018 Snow Creek Middle Reach Forest Protection Project APPENDIX A Scope of Work Jefferson Land Trust,as project sponsor"Sponsor",will perform the following tasks in order to implement the Snow Creek Middle Reach Forest Protection Project: Task 1: Acquire Matching Contribution Sponsor will secure the necessary matching contribution of no less than eighty-three point zero one percent(83.01%)of the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5). Deliverable la: Matching contribution(s)of no less than 83.01%of the total project cost. Task 2: Acquire Subject Properties Fee Simple Sponsor will acquire the subject property, APN#s 946200001,946200002, 946200003, 946200004, 946200006, 802024005, and include the Conservation Futures deed language in item"C"of this agreement in the Statutory Warranty Deed. Deliverable 2a: Estimated settlement statement(HUD-1),recorded Statutory Warranty Deed. Task 3: Perform Operations and Maintenance Sponsor will provide an update to the Snow Creek Protection(stewardship)plan to include the Middle Reach project parcels,APN#s 946200001,946200002, 946200003, 946200004, 946200006,and 802024005. Deliverable 3a: Electronic copy of updated plan. Task 4: Reporting Sponsor will monitor and report on the property as described in item"D"of this agreement and submit required reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format provided for each year. Deliverable 4a: Completed annual reports. APPENDIX B Resolution No.46-18 C C all lu . 1. ‘C‘ ICO STATE OF WASHINGTON County of Jefferson Dedication of Conservation Futures Funds to the } Snow Creek Middle Reach Forest Protection project} as Authorized by and in Accordance with Jefferson } RESOLUTION NO. 4 6-18 County Code Section 3.08.030(7)to Provide a } System of Public Open Spaces } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230 are an important means of retaining community character and accomplishing the open space policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition of key open space lands for long-term protection; and WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed project applications for 2018 and made its funding recommendations to the Board of County Commissioners in accordance with Jefferson County Code Chapter 3.08; and WHEREAS, under the provisions of the Jefferson County Conservation Futures Program,the Jefferson Land Trust, as project sponsor, requests funding towards the fee acquisition of four parcels of land in Sec. 2, T. 28N, R. 2W with Assessor's Parcel Numbers 946200001, 946200003, 946200006 and 802024005; and WHEREAS, the County retains enough developable land to accommodate the 2018 Snow Creek Middle Reach Forest Protection project as well as the housing and employment growth that it is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and WHEREAS, Jefferson County considers it in the best public interest to contribute financially to this open space project. NOW, THEREFORE BE IT RESOLVED that: 1. Jefferson County hereby dedicates up to $25,385 in conservation futures funds in the 2018 funding cycle for acquisition expenses contingent on a matching contribution of at least eighty-three percent (83%) of the total project cost. Resolution No. i;6_18 re: Dedication of Conservation Futures Funds to the Snow Creek Middle Reach Forest Protection project 3. This dedication of funding may be nullified if a submittal for reimbursement, accompanied by documentation of matching funds sufficient to complete the acquisition, is not received from the sponsor within three years of the signing of this resolution. • APPR( F� ' 10/4DOPTED this / day of oG t- , 2018 in Port Townsend, Washington. j SEAL,:'; \` . F` JEFFERSON COUNTY BOARD O. OMMISSIONERS < t- en • r a Davi. ( ). , ATTEST: • Kate Dean, Member ea OS/1W va. Carolyn allaway -k� 5� Deputy Clerk of the Board Kathleen Kler, Member APPENDIX C Conservation Futures Project Application for the Snow Creek Middle Reach Forest Protection Project gON.-ep k(: e, , 2018 Jefferson County Conservation Futures Program -41Property Acquisition and/or 4,riioc, Operations and Maintenance Project Application Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply to the project. Incomplete applications will not be accepted for consideration. Unless directed otherwise,use as much space as needed to answer each question. Contact program staff at 379-4498 or tpokorny@co.iefferson.wa.us with questions. Background and Eligibility Information 1.Project Title: Snow Creek Middle Reach Forest Protection 2. Conservation Futures Acquisition Request: $25,385 Conservation Futures O&M Request: 0 3. Total Conservation Futures Request: $25,385 4. Please indicate the type of interest contemplated in the acquisition process. X Warranty Deed _Easement _Other(Please describe below.) In whose name will the property title be held after acquisition? Jefferson Land Trust 5. Applicant Information Name of Applicant or Organization: Jefferson Land Trust Contact:Sarah Spaeth Title: Director, Conservation and Strategic Partnerships Address: 1033 Lawrence Street, Port Townsend, WA 98368 Phone: (360)379-9501, ext. 101 Email: sspaeth@saveland.org 6. Sponsor Information: (if different than applicant)same as above This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.)on February 20, 2018. 7. Site Location Street Address or Description of Location: #285494 HIGHWAY 101. This is the neighboring residence. Driving Directions from Port Townsend: Head south on Hwy. 19 to junction with Hwy. 20. Take Hwy. 20 to Hwy. 101 at the head of Discovery Bay. Head south on 101 to just south of interchange of 101 with 104. Look for address listed above and park on the edge of 101 next to private driveway. 1 2018 CF Program Application httj //www.co.;efferson.wa.us/560/Conservation-Futures-Pro-ram Section: 2 Township: 28 Range: 2W Assessor's Parcel Number(s): 946 200 001, 946 200 003, 946 200 006, 802 024 005, 946 200 004, 946 200 002 Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with CF funds or used as match. All parcels are under the ownership of the Hopkins Family Trust, and are proposed for acquisition with CFF and SRFB funds/ Please list the assessed values for each property or APN, as applicable. 946 200 001 - $7,500 946 200 003 - $19,140 946 200 006 - $8,800 802 024 005 - $660 946 200 002 - $4,043 946 200 004 - $10,973 8. Existing Conditions New Site: Yes No X Number of Parcels: 6 Addition to Existing Site: Yes X No Acres to Be Acquired: 7 10.1 Total Project Acreage(if different): 93 +8,710.1 Current Zoning: RR 1:5, though platted in smaller parcels Existing Structures/Facilities: none, other than waterline Any current covenants,easements or restrictions on land use: Subject to restrictive covenant for onsite septic system Current Use: vacant land, riparian habitat Waterfront (name of body of water):Snow Creek Shoreline(linear feet): 720 bank feet Owner Tidelands/Shorelands: NA 9. Current Property Owner X is is not a willing seller. Project Description 10. In 1,000 words or less, provide a summary description of the project,the match, overarching goal, and three top objectives. Include information about the physical characteristics of the site that is proposed for acquisition with Conservation Futures Program funds including: vegetation,topography, surrounding land use, and 2 2018 CF Program Application hap://www.coj efferson.wa.us/560/Conservation-Futures-Program relationship to parks,trails, and open space. Describe the use planned for the site,any development plans after acquisition(including passive development), characteristics of the site which demonstrate that it is well-suited to the proposed use, and plans for any structures currently on the site. If applicable, describe how the site relates to the larger project, and whether the project has a plan, schedule and funding dedicated to its completion. Please also list any important milestones for the project or critical dates,e.g. grant deadlines. List the dates and explain their importance. Please attach a spreadsheet of the budget. Jefferson Land Trust's goal for this project is to acquire and preserve the last undeveloped and intact privately-owned property in this middle reach section of the Snow Creek watershed. Chumsortium partners including Jefferson Land Trust, Jefferson County, HCCC, NOSC, WDFW, JCCD, Jamestown S'Klallam Tribe, State Salmon Recovery Funding Board and others have been working together to preserve and restore Snow and Salmon Creeks and the Discovery Bay estuary for salmon habitat and water quality since 2000. Preserving and enhancing riparian habitat with this acquisition will augment ongoing efforts in Snow Creek to provide a continuous corridor from the salt waters of Discovery Bay to headwaters in the Olympic Mountains, enabling species movement, providing resilience, and, as much as possible, maintaining normative ecological processes that can be affected by the changing seasonal temperatures and precipitation patterns associated with climate change. We have applied to the State Salmon Recovery Funding Board for the bulk of the project funding, with their final decision coming in December 2018. The 8,710.1-acre undeveloped property consists of-4 6 platted parcels and is forested with mature native forest species in healthy condition on a large portion of the property. The majority of the property is mapped as floodplain and conservancy designation under the SMP on Jefferson County's GIS system. While these designations may help to protect the habitat values to some degree, the County would likely have to permit some sort of residential development and/or private use through the reasonable use exemption provision. Acquisition and protection of this property would result in a naturally-forested section of contiguous mid-reach Snow Creek habitat of more than 100 acres, containing approximately .8 miles of Snow Creek channel. The Land Trust's 73-acre Upper Snow Creek Forest Preserve is directly upstream of the proposed acquisition, and the -20-acre, recently acquired Snow Creek Barry property is directly downstream. The Hopkins property is located between Snow Creek River mile 3.4 and 3.5. It includes approximately 720 of Snow Creek bank feet. The creek is approximately 20 feet in width, with some gravel bars and mature riparian vegetation located primarily on the left (west) bank of the creek. The creek lacks some channel complexity, Large Woody Debris and connection to side channel habitat. The floodplain area indicated on the Jefferson County GIS map is approximately 5.3 acres in size and ranges from mature native forest consisting of Doug fir, cedar, alder, maple and spruce on the west side of the creek to somewhat degraded riparian forest buffer and reed canary grass infested wetland/pasture area to the east. The mature native upland forest to the west is approximately 3.4 acres in size and is in good condition, containing a tributary to Snow Creek and remnant wetland/side channels. The degraded riparian area east of the creek contains some pocket wetlands that may be side channel remnants. Once Jefferson Land Trust acquires the property, we will remove noxious weed species, fence the southern boundary and work with partner NOSC to determine possible restoration actions designed to improve salmon habitat in the mainstem of the creek, potentially reconnect the mainstem with side channel habitat and take actions to reduce the reed canary grass infestation. Our goal is to preserve and enhance the intact Snow Creek riparian corridor to ensure that conditions are optimal for spawning and rearing of listed summer chum, listed winter steelhead and other species, and to maintain resilience in the face of climate change. The primary objectives of this project include: 3 2018 CF Program Application http:l/www.coj efferson.wa.us/560/Conservati on-Futures-Program • Acquire this 10.1 - acre intact forested property from willing sellers before the end of 2019, adding to the 93 acres of preserve located up and downstream of the subject parcel. • Conduct noxious weed removal shortly after the acquisition takes place. • Work with project partners to restore the floodplain and riparian area to optimize conditions for salmonid species 11. Estimate costs below, including the estimated or appraised value of the propert(ies) or property right(s)to be acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of projects involving multiple acquisitions,please break out appraisals and estimated acquisition costs by parcel. Estimated or Appraised Value of Propert(ies)to be Acquired: $115,000 Total Estimated Acquisition-related Cost : $28,900 Total Operation and Maintenance Cost: $5,500 Total Project Cost: $149,400 Basis for Estimates(include information about how the property value(s)was determined, anticipated acquisition- related costs,general description of operation and maintenance work to be performed,task list with itemized budget, and anticipated schedule for completion of work): The total value for the Hopkins property was estimated to be $115,000, based on appraised values of adjacent property and former listing price. Anticipated acquisition related costs include; appraisal, appraisal review (required by SRFB program), survey, closing costs, road vacation, Phase I Environmental Assessment, Stewardship Plan, and project administration. O&M expenses include noxious weed control, fencing and signage. Hopkins Project related costs Timeline Est. Cost Land acquisition Spring 2019 $115,000 Land acquisition related costs Spring 2019 $22,000 Project management , admin and legal fees Spring 2019 $6,900 Operations and maintenance Summer 2019 - 2022 $5,500 Total $149,400 Scored Questions 1 a. Sponsor or other organizations X will _will not contribute to acquisition of proposed site and/or operation and maintenance activities. 1 b. If applicable, please describe below how contributions from groups or agencies will reduce the need to use Conservation Futures program funds. 4 2018 CF Program Application http://www.cojefferson.wa.us/560/Conservation-Futures-Program *If a prior acquisition is being proposed as match,please describe and provide documentation of value, location, date of acquisition and other information that would directly link the match to the property being considered for acquisition. 1 d. Source of matching Amount of Contribution If not, Contribution If not, funds/resources contribution approved? when? available now? when? SRFB $124,015 _ Yes No 12/2018 Yes No 1/2019 $ Yes No Yes No $ _ Yes No Yes No $ Yes No Yes No NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right will be considered as a matching resource.Donation of resources for on-going maintenance or stewardship ("in-kind" contributions)are not eligible as a match. 2 a. Sponsoring agency X is _is not prepared to provide long-term stewardship(easement monitoring, maintenance,up-keep,etc.)for the proposed project site. 2 b.Describe any existing programs or future plans for stewardship of the property,including the nature and extent of the commitment of resources to carry out the stewardship plan. Jefferson Land Trust will conduct stewardship, monitoring and maintenance of the property along with the 93-acres of land in this reach of the Snow Creek watershed that Jefferson Land Trust already owns. Specific stewardship plans for the properties will include noxious weed removal, and once we have acquired the property we will be consulting with NOSC to determine the scope, costs and funding sources for restoration of the Hopkins parcels. Jefferson Land Trust will be engaging volunteers to inventory relevant current habitat conditions and special ecological features that will drive management plan development, and to remove noxious weeds on the Hopkins property shortly after acquiring the parcel. In addition, we perform a site inspection of all Land Trust-owned properties, including those secured with CFF funding sponsored by the Land Trust, no less than annually, and in some cases quarterly. Monitoring of Jefferson Land Trust properties includes documentation of any changes that have occurred since the acquisition, or since any previous monitoring visit. These monitoring visits will result in a written monitoring report, with photographs and written descriptions documenting any relevant changes. The written reports will be reviewed by the Jefferson Land Trust staff to help determine if activity on the property is consistent with the protection of the conservation values of the property. Monitoring will be conducted regularly also to ensure site objectives are being achieved. The following types of monitoring will be conducted at this site: Annual Site Monitoring -This monitoring includes inspecting boundaries and management zones/habitat nodes to ensure trespass and/or encroachment is not occurring on properties and/or any other inappropriate uses of the site are occurring. Land Change Monitoring -This will help identify potential impacts to habitat features or qualities of the site. Changes may include naturally-occurring disturbances such as fallen trees, or human-caused impacts such as trash dumping or encroachment. 5 2018 CF Program Application htt;)://www.co.'efferson.wa.us/560/Conservation-Futures-Proorarn Development Monitoring -This will document any changes in Preserve infrastructure. There is a water line from a spring on the property, and we are working to uncover who might have the right to the use of the water. There may be a need for a maintenance agreement for the use of the water. Access Monitoring -This will help to identify any current or potential future impacts to site related to encroachment by neighbors with ATV's and/or changes in Preserve access by members of the public. This monitoring will occur through observations of perceived impacts and estimations of frequency of visitors observed during monitoring visits. Surrounding Land Use Monitoring -This will help to identify any potential direct or indirect impacts to the integrity of the site, including hydrologic function. This monitoring will occur through incidental observations during annual monitoring or other site activities within the vicinity of the site. Habitat and Wildlife Monitoring -Wildlife monitoring will generally be conducted incidentally while on site. This effort will involve recording wildlife observations, tracks or other sign in monitoring reports. In order to determine species composition and utilization of habitat, other non-invasive methods may be employed, such as wildlife cameras, which can be helpful in detecting use by more reclusive or nocturnal species. Other tools could include scat or hair analysis or species specific surveys. Stewardship Needs -Stewardship needs will be noted as part of the monitoring visit, to identify actions necessary to reduce current or prevent future negative impacts to the conservation values of the site. Example: Return to pull ivy that is threatening forest buffer. 3 a. Describe the sponsoring agency's previous or on-going stewardship experience. Over the 29 years since it was formed, Jefferson Land Trust has managed many acquisition projects and has been responsible for conducting or coordinating restoration activities with several project partner organizations, including Jefferson County, NOSC, JCCD, HSCEG and others. The Land Trust holds title to over 500 acres of preserves, including important habitat on Chimacum Creek, Snow Creek, the Duckabush River and in other project areas in Jefferson County. We also hold 58 conservation easements on nearly 3000 acres, and have helped with the preservation and stewardship of another 12,900 acres in Jefferson County. Stewardship activities are carried out by professional staff with the assistance of volunteer Preserve Stewards. The Hoh River Trust and Washington State Parks contract with Jefferson Land Trust to monitor and steward nearly 7400 acres of land under their control. In addition, Jefferson Land Trust stewards land owned by Jefferson County, the City of Port Townsend and the Department of Natural Resources. Jefferson Land Trust stewardship and monitoring protocols were developed with the guidance of the Land Trust Alliance and adherence to those protocols is one of the requirements for our national accreditation. 3 b.Has the sponsor and/or applicant of this project been involved in other projects previously approved for Conservation Futures funding? No,neither the sponsor nor applicant has been involved in a project previously approved for Conservation Futures funds. X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures funds.Please provide details: 6 2018 CF Program Application Iinl://www.co.'effei son.wa.us/560/Conservation-Futures-Pru ram Jefferson Land Trust has sponsored many applications on behalf of private landowners interested in preserving their property through sale of a conservation easement, or as an applicant and sponsor for fee-interest purchase of properties from willing sellers. These projects include: Sunfield Farm, 2003; Quimper Wildlife Corridor, 2004; East Tarboo Creek Conservation Project, 2005; Tamanowas Rock Phase 1, 2006; the Winona Buffer Project, 2006; Glendale Farm, 2007; Finnriver Farm, 2008; Quimper Wildlife Corridor, 2009; Brown Dairy, 2009; Salmon Creek Ruck 2010; Quimper Wildlife Corridor 2010; Tamanowas Rock 2010; Chimacum Creek Carleson 2011; Winona Basin - Bloedel 2011; L. Brown 2012; Boulton Farm 2012; Quimper Wildlife Corridor and Short Family Farm 2013; Quimper Wildlife Corridor and Snow Creek Irvin and Jenks, 2014; Midori Farm, 2015; QWC 2016 Addition; Tarboo Creek, Farm and Forest 2016; Serendipity Farm, Snow Creek Taylor and Tarboo lglitzin 2017. 4 a.Property_can X cannot feasibly be acquired in a timely fashion with available resources. 4 b.Necessary commitments and agreements are X are not in place. 4 c.All parties_are X are not in agreement on the cost of acquisition. If"not"to any of the above,please explain below. While there is a willing seller of the property, the funding is not yet secured from SRFB or CFF programs. Once the funding has been secured we will initiate the appraisal process to determine the fair market value of the property and the price we can offer to the seller. 5. The proposed acquisition Xis specifically identified in an adopted open space,conservation,or resource preservation program or plan,or community conservation effort. Please describe below, including the site's importance to the plan.Please reference the website of the plan if available or include the plan with this application. _complements an adopted open space or conservation plan,but is not specifically identified. Please describe below, and describe how the proposed acquisition is consistent with the plan. _is a stand-alone project. The properties in this proposal are located in the Discovery Bay project area which has been the focus of protection and restoration efforts by Chumsortium partners since 2000. In 2015, the HCCC has identified Snow Creek Summer Chum salmon as core stock for the eastern Straits of Juan de Fuca population of Hood Canal Summer Chum (Guidance for Prioritizing Salmonid stocks, Issues, and Actions for the Hood Canal Coordinating Council, 2015). The WDFW/Point No Point Summer Chum Conservation Initiative is clear about the importance of projects like this one: "To sustain and recover summer chum salmon populations, functional and accessible fish habitat is essential. This includes both existing salmonid habitat in its present condition, as well as degraded habitat in need of restoration. It will also require protection and restoration of the productive capacity of habitat. Areas used by summer chum salmon to complete their life history needs must be protected or restored, including instream, riparian, estuarine, and wetland ecosystems, and the upland activities and processes that affect them." Protection priorities in WDFW's draft Snow-Salmon Watershed Management Plan (prepared in partnership with Jefferson County) include "riparian floodplain and stream flow and habitat quality" and in the same plan, restoration priorities include "restore and/or enhance natural riparian integrity through the following actions: plant and maintain riparian areas, encourage conifer regeneration, control exotic vegetation." This project includes all these actions. 7 2018 CF Program Application htt //www.co. effetson.wa.us/560/Conservation-Futures-Pro_ram Section 3 of WDFW's 2010 North Olympic Wildlife Area Management Plan, Management Objectives, has several goals relevant to Snow Creek and notes "Riparian and wetland habitats have been identified as priorities for management and protection due to their importance to many species, both fish and wildlife." and "riparian environments provide important resting, rearing and transitional habitats for native and critical fish stocks. Protection and restoration of these habitats is needed to recovery ESA listed salmonids." While it relates to other nearby watersheds, the National Marine Fisheries Service 2006 Supplement to the Puget Sound Recovery Plan notes that"NMFS agrees with the Shared Strategy Plan that protecting functioning habitat is one of the top priorities and first steps for achieving a viable ESU." and we suggest that the priorities can be expected to apply to this watershed also. In addition, the Snow Creek watershed is identified on the Jefferson County's Comprehensive Plan map as Parks, Recreation Areas, Conservation Easements and Areas for Future Cooperative Preservation Efforts. in addition, NOP RC&D's 2015 Climate Change Preparedness Plan's ecosystem adaptation strategy E-13 is 'enhance efforts to restore and develop wildlife corridors'. In Jefferson Land Trust's Conservation Plan, this area has four priority habitat indicator layers(the maximum). The plan is located on the Land Trust's website, www.saveland.org. The Nature Conservancy's Ecoregional Assessment categorizes this as both an aquatic and terrestrial Ecoregional Portfolio site (defined as areas of exceptional biological value and most likely for conservation to succeed), and TNC's 2015 analysis of resilient landscapes in the Pacific northwest, includes this as a 'terrestrial landscape of above/far above average resilience". 6. Conservation Opportunity or Threat: 6 a.The proposed acquisition site X does _does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. 6 b.If applicable,please carefully describe the nature and immediacy of the opportunity or threat, and any unique qualities about the site. Dorothy Hopkins, last member of the L Brown Trust family passed away this last December. She left this property to her daughter, who is not interested in retaining the parcels. Bill Perka, a local realtor who has been working the L Brown Trust family has reached out to the daughter to let her know of Jefferson Land Trust's interest in preserving the property, and she is willing to work with us before putting the land up for sale on the open market. The configuration of tax parcels proposed for acquisition is such that development of those parcels has the potential to result in at least two homes and a bridge over the Creek. Even if the County only allowed for recreational use of the parcels, clearing and grading for access would very likely result in impacts to water quality and increased sedimentation,which is identified as one of the issues in this reach of Snow Creek. 7.The proposed acquisition: 7 a.X provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened, Endangered or Sensitive species. 8 2018 CF Program Application hit).//wv,w.co.'etterson.wa.usi560/Conservation-Futures-Pro tram 7 b.X provides habitat for a variety of native flora or fauna species. 7 c. X contributes to an existing or future wildlife corridor or migration route. If affirmative in any of the above,please describe and list the Priority Habitat(s)and Threatened,Endangered, or Sensitive species below, and cite or provide documentation of species'use.' The mature forest, Snow Creek and riparian area provide habitat for multiple wildlife species. Fish species documented at the site by WDFW and targeted by this project include: Endangered Life History Present (egg,juvenile, Current Population Trend (decline, Species Act Species adult) stable, rising) Coverage (Y/N) Summer egg,adult rising y Chum Steelhead juvenile, adult decline y Coho egg,juvenile,adult stable N Cutthroat egg,juvenile, adult unknown N trout WDFW also identifies this area as providing potential habitat for the Northern Spotted Owl on the Priority Habitats and Species maps. A recent site visit to the property revealed the carcass of an elk that had likely been killed onsite by a cougar. 7 d.Does the current owner participate in conservation programs that enhance wildlife habitat?If so,please provide details. No. 8. Describe to what degree the project protects habitat for anadromous fish species(for example:marine shorelines,stream/river corridors including meander zones,and riparian buffers).Please provide documentation and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat. This project will add to the ongoing acquisition and restoration efforts of Chumsortium partners in the Snow& Salmon Creek watersheds down to the Discovery Bay Estuary, and will protect a missing link between two Land Trust Preserves located in this midreach of the creek. Many SRFB grants have been received for Salmon and Snow Creek watersheds and have resulted in over 370 acres of preserved land and numerous restoration projects by WDFW, NOSC and Jefferson County Conservation District. The Guidance for Prioritizing Salmonid Stocks, Issues and Actions for the Hood Canal Coordinating Council March 2015 prioritizes Snow Creek summer chum in as the highest priority for protection ' See,for example,http://www.dnr.wartov/researchscience/topics/naturalherital;e/pes/amp_nh.aspx http://www.wdfw.wa.uov/conservation/phs/list/ http://wwwl.dnr.wa.2ovinhp/refdesk/plants.html http://wwwl.dnr.wa.Dov/nh/refdesk/pubs/waecolonical systems.pdf 9 2018 CF Program Application htt I/www.co.efierson.wa.us/560/Conservation-Futures-.Pro ram efforts. It also states that small stream channels have lost structural and habitat diversity, through changes in channel and substrate stability, which results in loss in adult migration, spawning, incubation and juvenile habitat for multiple species. In particular, side channel habitat has been lost due to logging, clearing, driveways and roads in the riparian floodplain zone, thus diminishing fish population performance in various life stages. Solutions recommended in the guidance document include reducing the rate of stormwater run-off from impervious surfaces and clear-cut logging; placement of LWD; enlarging Channel Migration Zones; restoration and connection of active channels to floodplain and side channel habitat; and acquisition of floodplain habitat. Approximately 2/3 of the Hopkins property is indicated as floodplain habitat. Through fee-simple acquisition of the property we will be able to prevent further impacts to the mainstem and floodplain habitat, as well as sedimentation and water quality from potential residential development allowed under County regulations, and the associated clearing, logging, road and bridge construction. In 9 addition, aP rotected riparian corridor will buffer the Creek from similar effects resulting from active management of adjacent timber lands. With Jefferson Land Trust's ownership, future work to reconnect side channel habitat and improve mainstem habitat with LWD will be possible. 9 a.Describe the extent and nature of current and planned agricultural use of the proposed acquisition,including any anticipated changes to that use once the property, or property right,is acquired with Conservation Futures funds. None. 9 b.Describe any current or future management practices that promote the preservation of soil and water quality and good watershed function on the farm. NA 9 c.Describe how the owner employs agricultural management practices that will protect or enhance wildlife habitat. NA 10 a.Describe the extent and nature of current and planned silvicultural use of the proposed acquisition.Please cite or provide documentation of existing or planned silvicultural activities including forest management plan(s) or forest ecosystem restoration. Jefferson Land Trust has no plans to conduct forest management activities onsite. The only exception to this may occur if the forest shows signs of disease and is in need of forest restoration and enhancement through selective restoration activities and replanting of better-adapted species. 10 b.Describe the silvicultural management practices that promote the preservation of soil and water quality and good watershed function on the property. NA 10 c.Describe the owner's timber harvest plan and harvest methods that will protect or enhance wildlife habitat on the property. NA 11. a.Describe how the proposed acquisition benefits primarily a_local area X broad county area including the area served,the nature of the benefit,the jurisdictions involved,and the populations served 10 2018 CF Program Application littl://www.co. erson.wa us/560/Conservation-Futures-Pro*null This project fills a gap in protection of the Snow Creek watershed in WRIA 17 which covers more than 23 square miles in east Jefferson County, extending from m Mt. Zion to DiscoveryBa . Protection and restoration of this riparian corridor not only directly benefits endangered salmon and many other species, but contributes to a range of other benefits as well, including: - a migration corridor for plants and animals responding to changing climatic conditions - improved and secure water storage capacity which reduces flooding and other downstream effects of heavy precipitation events and spring runoff - slower runoff also helps replenish groundwater and aquifers that are essential for agricultural and domestic use - less sediment being transported by Snow Creek benefits water quality in Discovery Bay, which is important for cultivated shellfish production, forage fish spawning, the concentrations of wildfowl, and others. 11 b. Is the project located in an area that is under-represented by CF funded Projects?Areas that Conservation Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula,Dosewallips Valley, Bolton Peninsula, and the West End. No. 12.Describe the educational or interpretive opportunities that exist for providing public access,educational or interpretive displays(signage,kiosks, etc.)on the proposed site,including any plans to provide those improvements and any plans for public accessibility.2 Public access is limited by several factors: protection of the creek, wetland and side channel habitats; proximity of neighboring houses; and limited safe parking along Hwy.101. Access is also possible through the Land Trust's existing Upper Snow Creek Forest Preserve, but that in turn is limited because entrance requires crossing private property in Snow Creek Ranch. Educational and interpretive use will thus be in small, guided groups. 13.The proposed acquisition_includes historic or culturally significant resources'and is registered with the National Register of Historic Places,or an equivalent program. is recognized locally has having historic or cultural resources. _is adjacent to and provides a buffer for a historic or cultural site. If affirmative in any of the above,please describe below, and cite or provide documentation of the historical or cultural resources. NA Verification 14. Sponsors of applications that are approved for funding by the Board of County Commissioners are required to submit a brief progress report by October 30 every year for three years after the award is approved,or three years after the acquisition funds are disbursed to the applicant,whichever is later. The progress report must address any 2 The words"education"and"interpretation"are interpreted broadly by the CF Committee. 3 Cultural resources means archeological and historic sites and artifacts,and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW 11 2018 CF Program Application htt ://www.co.'efferson.wa.us/560/Conservation-Futures-Pro ram changes in the project focus or purpose,progress in obtaining matching funding,and stewardship and maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are expended. The Committee will use the information to develop a project"report card"that will be submitted annually to the Board of County Commissioners. If this application is approved for funding,I understand the sponsor is required to submit progress reports for three years and for any year in which O&M funds are expended. 'S Initials 31 .7124 t Fs Date 15.If,three years after the date funding is approved by the Board of County Commissioners,the applicants have not obtained the required matching funds,the Committee may request the Board of County Commissioners to nullify their approval of funds,and may require the project to re-apply. If this application is approved for funding,I understand that we may be required to re-submit the application if the project sponsor does not obtain the necessary matching funding within three years. 4;S Initials 3;Z,1I BDate 12 2018 CF Program Application htrr//www.co.'efferson.wa.us/5G0Conservation-Futures-Program Landowner 1 Acknowledgement Form Landowner Information Name of Landowner: 'ENCsirc.,ctr---Pvcrali VII.V4AS ( ?-if.rs l)rA"y r`'sT) Lanpowner Contact Information: Mr. Ms. Title: A 6ftrc- tZ- Stl � a' errt4`1 First Name: LAJ \ t aw% Last Name: iE.Qr,L N Contact Mailing Address: 27.1'. t,J ,6\vAs (JQ- Pow TOwl Gra,RD Contact E-Mail Address: b? oL-WEIA. Com Property Address or Location: lauPlra 1. EUtirc.4a2batalpis the legal owner of property described in this grant application. 2. I am aware that the project is being proposed on my property. 3. If the grant is successfully awarded, I will be contacted and asked to engage in negotiations. 4. My signature does not represent authorization of project implementation. 5. If I am affiliated with the project sponsor, I will recuse myself from decisions made by the project sponsor to work on or purchase my property. 3 Landowner Signatu ate ProjectSponsor Information Project Name: Snow Creek Mid Reach Forest Project Applicant Contact Information:Jefferson Land Trust ❑ Mr. ❑ Ms. Title First Name: Sarah Last Name: Spaeth Mailing Address:1033 Lawrence St, Port Townsend,WA E-Mail Address: sspaeth@saveland.org ' "Manual 3:Acquisition Projects," Appendix H, March 2014 z ------_____ Snow Creek mid-reach - Hopkins property L°.C-‘‘ j/AIE2o r FProject in progress r- , . I ) Snow-Salmon watershed I f Jefferson Land Trust Nature Preserve / di r , , , ) Privately Owned Conservation Area di Publicly protected 444-4.4.;,,•4•.4 ,.... , , i ,-.40'44-,P4.4k4 / of .. , ,, #ir';',,,. `,4,•:" ' 4 ,.4.4 4 4. i 1 i k t : ',.. 1 A ' A r r), ' \- A.., 4 4* ,-) 1 1 f i . t 0 i - 1 11 • ,4z144.1•-•.'' ..„ ,.. ,1>.."1, '' ,• • ..0•••..."'-'''' 1 / 1' ,' ;yik•log10,h," () • A . co ,4, • ,-, ,.. .,... p , .. - dr 1 ,.'44. i , • , 0 8 04 V Sources: Esri, DeLorme, USGS, NPS Imdes 4,"i^•-°1-.. o PO14 l'o., 1 I_______--1 Snow Creek Mid-Reach re from varying LAND Locator Map sources a dF aotrar informationalepre sen ted te purposesa . only.. All ‘411•111P,A1:,,,,,, and approxima . TRUST L_------------- Map created in January, 2018 N II '. � ! M: Z A , cr, m Q p li g ,.E., a")IP Ca3 O E: N E a1 N Z Q 2 a3 03 Z j E Naa3 O N cCO fpfa)m aLL N - C C m .s cp C NNWNE N aNNp - N fN UVI- ah. .L N = :ej O 0 a3 p p— Nu- D Co lb c �C J N 7 � Z � L O V N I U f0 Q) _- . 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O w co #. r W NORTH OLYMPIC NORTH OLYMPIC SALMON COALITION Lf4,4, Restoring wild salmon habitat on the North Olympic Peninsula www.nosc.org1.13 - SALMON COALITION Board of Directors March 23,2018 Mike Langley To:Conservation Futures Advisory Committee Acting President Subject: Hopkins Property Acquisition on Snow Creek Ron Deisher The North Olympic Salmon Coalition(NOSC)offers its enthusiastic support for the Treasurer Jefferson Land Trust's project application for the acquisition of the Hopkins property on Snow Creek. Jean Erreca Secretary The NOSC,the Jefferson Land Trust and a multitude of partners have been working in the Discovery Bay watershed for a decade to restore habitat for salmon,including ESA-listed summer chum. Property acquisition of targeted parcels has been a key component to our Harry Bell successes in the watersheds and has allowed over a half mile of Salmon Creek to be restored,3o acres of salt marsh have been reclaimed and restored,tens of acres have been replanted with riparian forest,and over 50o acres have been permanently protected Cathy Lear with conservation easements and preserves. This project will acquire and preserve the last undeveloped and intact privately-owned Kurt Lawler property in this section of the Snow Creek watershed.Acquisition and protection of this property would result in a naturally forested section of contiguous Snow Creek habitat of more than ioo acres,containing approximately.8 miles of Snow Creek channel.The Land Hannah Merrill Trust's 73-acre Upper Snow Creek Forest Preserve is directly upstream of the proposed acquisition,and the 20-acre Snow Creek Barry property set to close in February is directly downstream.This property is an important parcel within NOSC's proposed Snow Creek Sarah McMahan Middle Reach Large Woody Debris Restoration project that will restore salmon habitat conditions along a 1.4 mile stretch of Snow Creek. Andy McGregor We hope that the Conservation Futures Advisory Committee sees the value in protecting this important parcel on Snow Creek. Coleman Byrnes Sincerely, Michael Blanton Rebecca Benjamin Executive Director, North Olympic Salmon Coalition 205 B West Patison Street, Port Hadlock, Washington 98339 I phone: 360.379.8051 fax: 360.379.3558 email: info@nosc.org APPENDIX D Draft Statutory Warranty Deed Upon recordation return to: Jefferson Land Trust 1033 Lawrence Street Port Townsend, WA 98368 STATUTORY WARRANTY DEED Grantor: Lawrence D. Taylor and Cindy L Taylor Grantee: Jefferson Land Trust, a Washington nonprofit corporation Assessor's Tax Parcel No: 946 200 001, 946 200 002, 946 200 003, 946 200 004, 946 200 006, 802 024 005 The Grantors, Lawrence D. Taylor and Cindy L Taylor, husband and wife, for valuable consideration, conveys and warrants to the Jefferson Land Trust ("Grantee"), all of Grantor's right, title, and interest in and to the following described real estate situated in the County of Jefferson, State of Washington: All of Crocker Lake Subdivision, as per plat recorded in Volume 2 of Plats, on page 149 and in Volume 3 of Plats on page 17, both records of Jefferson County, Washington; EXCEPTING therefrom Lot 7 of said subdivision; ALSO, that portion of the Northeast'/4 of the Southeast 1/4 of Section 2, Township 28 North, Range 2 West, W.M., described as follows, to-wit: BEGINNING at the 1/4 corner between Sections 1 and 2 in said township and range; Thence South 89° 11' West to the Westerly boundary of the right-of-way of the Olympic Highway being the TRUE POINT OF BEGINNING; Thence continuing South 89° 11' West to the North and South forty line; Thence North 02° 53' West to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said section 2; Thence along the forty line in an Easterly direction to an intersection with the Westerly boundary of the right-of-way of said Olympic Highway; Thence along said Westerly boundary in a Southwesterly direction to the TRUE POINT OF BEGINNING; being designated on the County Assessor's Plat and description book as Tax No. 2 in said Section 2; Situate in the County of Jefferson, State of Washington. In order to permanently protect fragile ecosystems and to extend an existing wildlife habitat corridor known as the Snow Creek Middle Reach Forest Preserve, the Grantors and the Grantee herein covenant and agree that the real property that is the subject of this Deed shall be maintained, retained and conserved in perpetuity in its natural state by the Grantee, its successors and assigns. This covenant is deemed to touch upon and run with the land in strict conformance with RCW 84.34.230. T The land was acquired in part with Jefferson County Conservation Futures funds and shall not shall not be converted to a different use unless and only if other equivalent lands within the Jefferson County(the County) are received by the County in exchange. The foregoing covenant does not apply to the following: Trails; Large woody debris treatment and floodplain reconnection; Planting of any vegetation or trees that are native to the Pacific Northwest; Removal of species that are not native to the Pacific Northwest; Removal of any dead, diseased, or dangerous trees that constitute a hazard to life or property. EXECUTED this day of , 2019 Lawrence D. Taylor Cindy L. Taylor STATE OF WASHINGTON ) COUNTY OF JEFFERSON ) SS: On this day day of , 2019, before me personally appeared before me Lawrence D. Taylor and Cindy L Taylor, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. Notary signature Notary name printed or typed NOTARY PUBLIC, State of Washington Residing at: APPENDIX E Jefferson County Conservation Futures Program Manual for the 2019 Funding Cycle k 14 Jefferson County Conservation Futures Program Manual 2018 Funding Cycle Jefferson County Conservation Futures Program Manual 2018 Funding Cycle Mission of the Conservation Futures Program The mission of the Jefferson County Conservation Futures Program is to provide a system of public open spaces,those open spaces being necessary for the health,welfare,benefit and safety of the residents of Jefferson County and the maintenance of Jefferson County as a desirable place to live,visit and locate businesses. Conservation Futures Citizen's Oversight Committee Membership (as of October 2018) Phil Andrus,Citizen,District#2 Mary Biskup, Citizen, District#1 Scott Brinton, Interest—Agriculture Lige Christian, Citizen,District#3 JD Gallant, Citizen,District#3 Vacant, Citizen, District#2 Rob Harbour,Interest—Working Lands Ray Hunter, Interest—Fallow Farms Richard Jahnke,Interest—Coastal Areas Craig Schrader, Interest—Climate Change Lorna Smith,Interest—Ecotourism Sarah Spaeth, Interest—Jefferson Land Trust David Wilkinson, Citizen,District#1 Table of Contents Overview 3 Conservation Futures Citizen Oversight Committee (CF Committee) ..4 Project Selection ..4 Information Sources ...4 Reimbursement ..5 Compliance with All Laws 5 Record Retention 5 Acquisition Projects 6 Operation and Maintenance(O&M)Projects 9 Required Meeting and Site Visit 11 Grant Notification and Agreement ..11 Annual Reports ..11 Program Suggestions ...11 Forms and Templates APPENDIX A Funding Request and Reimbursement Form Project Agreement Template Annual Report Form Template Please note: The 2018 CF Application and Ratings Worksheets are available separately from program staff. Map of Approved Projects APPENDIX B Definitions APPENDIX C 2018 CF Program Manual 2 http://www.co jefferson.wa.us/560/Conservation-Futures-Program Overview Jefferson County welcomes your application to the Conservation Futures Program (CF Program). Please do not hesitate to contact Jefferson County Environmental Health Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or tpokorny@cojefferson.wa.us. The Conservation Futures Program website address is http://www.co.j efferson.wa.us/commissioners/Conservation/conservation.asp. In July 2002,the county commissioners approved the Conservation Futures Ordinance,now codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of Washington(RCW)Chapter 84.34. The ordinance establishes goals for the county's Conservation Futures Program and an allocation process for the conservation futures tax levy. The purpose of the CF Program is to acquire open space lands, including green spaces, greenbelts, fish and wildlife habitat,trail rights-of-ways, agricultural land and timber land(as those terms are defined in Ch. 84.34 RCW). Projects may include fee-simple or any lesser interest or development right with respect to real property as well as operation and maintenance(0&M)activities. 0&M projects must be linked to CF-funded acquisitions. A minimum 50%match is required for all project types. Match must be cash, land trades, the value of land to be traded, or other open spaces linked to the property under application. Open space,wildlife habitat,agricultural and timber lands are all eligible. The project sponsor must sign a grant agreement with the county(see Appendix A). County code(JCC 03.08.030(10))requires that properties or easements be held by public entities or others as defined in RCW 84.34.210. Government entities may choose to share title of a property with a non-profit nature conservancy corporation or association. Public open spaces must be available on the same conditions to all residents of the county for the benefit of all Jefferson County residents and visitors. Applicants for projects may include the county, municipalities,park districts, state or federal agencies,private non-profit corporations or associations, and private individuals. Project applicants must be represented by a local sponsoring organization based in Jefferson County. Potential sponsors include local governments, special purpose districts and non- profit corporations. A list of potential sponsors is available by contacting program staff. A project sponsor is responsible for the content and submission of the application, organizing and hosting a site visit,making a formal project presentation to the CF Committee,the stewardship plan and its implementation, and all contracting, reporting,and reimbursement obligations with Jefferson County. Available funding is announced early in the calendar year and applications are provided by Jefferson County Environmental Health. Conservation Futures Fund monies can be the collateral, revenue stream or security for long-term financing (typically bonds) in a manner consistent with law. Public workshop(s)may be held prior to the start of the funding round. Staff is always available to answer questions from sponsors, applicants, and interested parties. This year, applications will be due Thursday,March 30th,2017 and sponsors present projects to the CF Committee and host site visits in April. Information about the application period is posted on the program website,announced in local newspapers and via email, and available by contacting program staff. In April or May,the CF Committee meets to rank projects, determine recommended funding levels,and compose its overall recommendations to the 2018 CF Program Manual 3 http://www.cojefferson.wa.us/560/Conservation-Futures-Program Board of County Commissioners(BoCC). The BoCC typically makes award determinations in June.Funding for reimbursement is generally not available until August. At least every other year,the BoCC reviews the priorities of the Conservation Futures Program and the project ranking process. All meetings of the Conservation Futures Committee are open to the public. Citizens are encouraged to attend. Conservation Futures Citizen Oversight Committee(CF Committee) The CF Committee membership is intended to reflect a broad spectrum of interests and expertise. It includes at least two individuals from each commissioner district and at least nine citizens total.Anyone interested in applying for a seat on the committee is encouraged to contact the Board of County Commissioners Office(jefftiocc@co jefferson.wa.us)and/or program staff. Project Selection The CF Committee evaluates and ranks project applications according to criteria designed to reflect the priorities expressed in the Jefferson County Code Section 03.08.040.This evaluation process has five(5)distinct phases as follows: 1. Written project application: Each CF Committee member(CFCM) independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits: Each CFCM must attend the project site visits(or view a video of the site visit),where the applicant and/or the project sponsor will present the layout of the project with reference to the written application and site maps. Additional questions posed by committee members will be answered during this site visit. 3. Oral presentation of the project: Each CFCM must attend this meeting in which the project sponsor presents the project and answers questions posed by the committee members. Following the oral presentations, a deadline will be established for CFCMs to submit additional questions to applicants(via county staff).After this set deadline for additional questions, a second deadline will be established for the receipt of all answers from applicants. After this second deadline no further additional information may be requested,received or considered by the committee. 4. Submission of project ranking form: Each CFCM submits to county staff member a form, which consists of questions that ask how well, in the committee member's judgement, an applicant meets the criteria for approval and funding. The committee member assigns a numerical"score"(within a range predetermined by the CF Committee)for each of the questions. These question"scores"are totaled for an overall evaluation"score". A committee composite"score", for each project application is obtained by taking the average of the"scores". If a project application's composite"score"is 70% of the total possible numerical value for a project"score"the project is considered worthy of funding (i.e.eligible for). Projects"scoring"below 70%of the total possible numerical value for a project"score"are not considered for funding unless compelling reasons for funding arise in the final evaluation phase. 5. Ranking and recommendation for funding of project applications: Each project application judged eligible in phase#4 is discussed,bringing into focus information garnered from phases 1 through 4. All project applications are compared and a final ranking and funding recommendation may be determined for each of the project applications and submitted to the Board of County Commissioners. The Committee will provide justification to the Commissioners for any and all changes from the numerical ranked order. 2018 CF Program Manual 4 http://www.cojefferson.wa.us/560/Conservation-Futures-Program Information Sources The Conservation Futures Program is administered by the Commissioners Office with assistance from the Environmental Health Department. Please note that the information contained in this manual does not supersede the statutes governing the Jefferson County Conservation Futures Fund and Program, and should be read in conjunction with them. Relevant sections of law are found in Revised Code of Washington, Chapter 84.34(RCW 84.34)and the Jefferson County Code(JCC 03.08). To access RCW 84.34 online,visit www.leg.wa.gov/Help/helpwithsearch.htm and click on "Laws and Agency Rules."The Jefferson County Code is available online at http://www.codepublishing.com/WA/JeffersonCounty. Contact program staff at ph: 360/379-4498,fax: 360/379-4487 or send an email to tpokorny@co.jefferson.wa.us. Reimbursement All grants are funded through the Jefferson County Conservation Futures tax levy. Except in the case of escrow payments, sponsors must expend their own funds on eligible and allowable expenditures prior to requesting reimbursement.With sufficient lead time, an approved settlement statement, and a preliminary title report, CF funds may be made available to the title company shortly before closing for the direct costs of property acquisition and closing. Please discuss dates for closings and loan periods with program staff to help ensure that grant funds are ready and available when needed. The project sponsor will commit to providing a matching contribution of no less than the amount of conservation futures funds awarded to the project before conservation futures tax funds are reimbursed to that sponsor.This contribution may consist of: • cash • land trades if the valuation of the land to be traded is established by a valuation arising from an appraisal generated by a Washington State Certified Licensed Appraiser(Member of the Appraisal Institute MAI); • the cash value of the land to be traded, excluding Jefferson County conservation futures contributions; or • other open spaces acquired within the previous two years that is situated either directly adjacent to or could, in the sole discretion of the county,be directly linked to the property under application. • cost of appraisal,title insurance, closing costs, and other miscellaneous fees(See JCC 3.08.030(5)) The funding request,reimbursement form and back up documentation may be submitted any time during the project period. It is important to implement projects in as timely a manner as possible and also to bill in a timely manner. Deeds and conservation easement documents must be recorded by the Jefferson County Auditor's Office within 30 days of closing. If matching funds are not secured within three years,the project may be required to re-apply. 2018 CF Program Manual 5 http://www.co.j efferson.wa.us/560/Conservation-Futures-Program Jefferson County must pre-approve easement language and will add restrictive language to statutory warrantee deeds, or require the use of other legal instruments,to ensure conservation of project and match properties in perpetuity. Compliance with All Laws Project sponsors shall comply fully with the project agreement, grant program policies, County policies and all applicable federal, state and local laws, orders, regulations and permits. Record Retention/Public Records Act The project sponsor shall retain all books,records, documents, data and other materials relevant to the agreement for a minimum of six(6)years after the completion of the project. Documents related to the expenditure of CF funds,by way of example only, purchase and sale contracts, settlement documents, invoices,e-mails,expert reports and/or appraisals,are Public Records subject to disclosure in accordance with the Public Records Act,Ch. 42.56 RCW, if requested by a citizen or entity.All meetings and activities of the CF Committee are subject to the Open Public Meetings Act, Ch.42.30 RCW. The public is always invited and encouraged to attend. Two observer comment periods are included in each agenda. J Acquisition Projects 9 Project applications for the acquisition of property must meet the following threshold criteria in order to be considered for funding. Each application will receive an initial screening to make sure that it is in compliance. Applicants are encouraged to submit pertinent materials and documents,as appropriate, in addition to those items required. Multi-year acquisition projects are permitted but require additional justification. Project Eligibility Proposed acquisitions must have a willing seller. The property, or property right, must be eligible for purchase as defined by state law, RCW 84. 34.210(i.e. "...protect, preserve,maintain, improve,restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land..."). Conservation Futures funds cannot be used to acquire property, or a property right,that will be used for active recreation purposes(including but not limited to sports fields, playgrounds,recreation centers, swimming beaches or pools, motorized boat launches). Conservation Futures funds cannot be used for passive development of a site. For the purposes of this application, passive improvements include,but are not limited to,trails, interpretive centers,viewpoints, picnic areas,access,restrooms, landscaping and parking. Applicant Eligibility 2018 CF Program Manual http://www.cojefferson.wa.us/560/Conservation-Futures-Program Eligible applicants include the County, municipalities, Park Districts, State or federal agencies,private non-profit corporations or associations, and private individuals. Sponsor Eligibility g t1' All applicants must have a local sponsor. Eligible sponsors include county, municipalities, park districts,or private non-profit corporations based in Jefferson County. A current,but not necessarilycomprehensive, list of eligible local sponsors may g P be requested from program staff Eligible Capital Project Expenditures: (See also JCC 3.080.030(7)) Capital project expenditures or match may include: _Costs of acquiring real property, including interests in real property _Cost of related relocation of eligible occupants (includes administration) _Cost of appraisal _Cost of appraisal review Cost of title insurance _Closing costs _Pro rata real estate taxes _Recording fees _Compensating tax Hazardous waste substances reports _Directly related staff and administrative costs(These are limited to 5%of the total cost of the project.) _Related legal costs excluding the cost of preparing application for conservation futures funds. Baseline documentation _Boundary survey Cultural resources review(survey,excavation,on-site monitoring and data recovery) Conservation futures tax levy funds may not be used to acquire any real property or interest in real property therein through the exercise of the power of eminent domain. Eligible Operations &Maintenance Expenditures—Please note: Total 0&M awards are limited to 15%of the conservation futures funding available in any year—contact staff for details. Operations&Maintenance expenditures or match may include, but are not limited to: Cultural resources review(survey,excavation,on-site monitoring and data recovery) Demolition _Fencing(if needed for public safety or resource protection) _Noxious weed control _Signage _Special site-specific reports(e.g.stewardship reports) Wetland identification and/or delineation Stewardship Plan Prior to reimbursement, sponsors must provide a stewardship plan that describes how the property, or property right,will be maintained over time. Costs for stewardship plans are 2018 CF Program Manual 7 http://www.cojefferson.wa.us/560/Conservation-Futures-Program wa.us/560/Conservation-Futures-Program eligible for operations and maintenance reimbursement only under"Special Reports"(not as a capital acquisition expense). Title Report and Title Insurance Please make county staff aware of issues that could affect the title report and provide updates as they are generated.A title report and title insurance are to be issued in conjunction with the property transaction. Appraisals Successful applicants must provide an independent appraisal(standard, narrative or M.A.I.)from a Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at the time that reimbursement is requested. In no case shall conservation futures funds dispersed exceed the grant amount awarded by the BoCC.No appraisal is required for properties assessed at$20,000 or less. The appraisal must: be no more than 1 year old.A Supplemental Update by the original appraiser may be required,at the discretion of the county, if the appraisal is more than six months old. include a current Title Report provided at the time of the most current appraisal or update. if timber, mineral or aquatic resources are to be included as value to the appraisal,then the appraisal shall include a separate timber, mineral or aquatic resources evaluation of value, or an opinion of value from a qualified representative of the real estate industry or recent valuation from the Jefferson County Assessor's Office may be used when the total assessed value does not exceed$20,000. Review Appraisals No appraisal review is required of the sponsor by the CF program. However,the CF Committee and/or the county may choose to select an appraisal for independent review for any reason. Project Implementation At the time of purchase or the signing of a"purchase and sale agreement",the appraisal must be no more than a year old unless an extended period is requested and approved by the county, up to a total of 18 months. Application and Attachment Requirements for Acquisition Projects All materials must be submitted in hard copy except as noted below and specified in the application: Proof of Willing Seller: A"Willing Seller" letter confirming that the current owner of the property proposed for acquisition is willing to sell. 2018 CF Program Manual 8 http://www.cojefferson.wa.us/560/Conservation-Futures-Program Estimate of Value: A county assessment,certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries,clearly identify the location of the proposed acquisition. Project Boundary Map: On a quarter-section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six(6)different views of the property proposed for acquisition. The images should show vegetation,terrain,waterfront,man- made features,access roads,wetlands, unique characteristics, etc.Please include captions and an aerial view, if available. Provide in hard copy as well as JPEG or PDF. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: _Proof of 501(c)(3) Status _Current Budget _Board Roster _Organization Chart or Staff Roster _Most Recent Financial Statements(audited if possible) _Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor,the minutes or resolution should indicate the project priority and how it was determined. Operation and Maintenance Funding Availability of Funds for 0&M Only projects that are acquired using conservation futures funds are eligible for 0&M funding. Requests for 0&M funding should not exceed the available limit(consult with program staff). Approved disbursements for operation and maintenance of interests in real property purchased with conservation futures tax levy monies shall not in any particular year be greater than fifteen percent(15%)of the conservation futures tax levy monies raised in the preceding year. Project Eligibility Operation and maintenance funding may be used for any property acquired with Conservation Futures funds. Conservation futures tax levy funds appropriated for 0&M or interests in real property shall not supplant or replace any existing funding for maintenance and operation of parks and recreational lands. Applicant Eligibility Eligible applicants include the County,municipalities, Park Districts, State or federal agencies,private non-profit corporations or associations, and private individuals. 2018 CF Program Manual 9 http://www.co.j efferson.wa.us/560/Conservation-Futures-Program Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include the County, municipalities, Park Districts, or private non-profit corporations based in Jefferson County. Application and Attachment Requirements for 0&MProjects All requested materials must accompany the application upon submission.If an item is irrelevant to the project at hand,please explain why this is so. Proof of Willing Seller: A"Willing Seller"letter confirming that the current owner of the property proposed for acquisition is willing to sell. Estimate of Value: A County assessment, certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries,clearly identify the location of the proposed acquisition. Project Boundary Map: On a Quarter-section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six(6)digital images of the property proposed for acquisition.The images should show flora,terrain,waterfront, man-made features, access roads,wetlands,unique characteristics, etc. Please include captions and an aerial view, if available. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: _Proof of 501(c)(3) Status _Current Budget _Board Roster _Organization Chart or Staff Roster _Most Recent Financial Statements(audited if possible) _Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor,the minutes or resolution should indicate the project priority and how it was determined. Budget and Timeline Attached to the first Annual Reporting Form must be a budget and timeline for expenditure of O&M funding for the succeeding ten(10)years measured from the date of approval by the BoCC. Documentation of Match A match of 50%must be documented with each invoice. Match guidelines are identical for acquisition and 0&M proposals. In-kind labor cannot be used as match. Reporting 2018 CF Program Manual 10 htt.://www.co.'efferson.wa.us/560/Conservation-Futures-Pro.ram Any project sponsor receiving 0&M funds is required to submit a report each October until those funds are expended. An expenditure summary that provides the following information must accompany billing: 1)Date the payment was made. 2)The vendor and/or employee to whom the payment was made. 3)A description of what was purchased or what work and/or services were performed; provide a description of what service or work was performed for the payroll costs or by the sub-contractor. Application and Attachment Requirements for O&M Projects To apply for 0 &M funding for a project previously purchased using CF Funds, use the standard application form. In question#1,refer to the original project title and year that the project was approved followed by"0&M Request Only". If you feel that a question is irrelevant to the project at hand, please explain why. Required Meeting and Site Visit Project sponsors are required to host a visit to the project site and make a formal presentation to the CF Committee. The presentation must begin with an introductory project description and then be organized according to the sequence of questions listed on the Rating Sheet. Site visits are videotaped by county staff.The site visits and presentations are scheduled in April. Grant Notification and Agreement Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes their decision, usually in June. Sponsors will then be asked to sign a project agreement with Jefferson County.An informational template is provided with this manual. Annual reports Sponsors are required to submit a brief progress report by October 30 every year for three years after the acquisition funds are disbursed to the applicant,whichever is later. The progress report must address any changes in the project focus or purpose,progress in obtaining matching funding, and stewardship and maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are expended. The Committee will use the information to develop a project"report card"that will be submitted annually to the Board of County Commissioners. A report format template is included with this manual and will be provided to the project sponsor electronically. Program Suggestions Suggestions for program improvements are always welcome and may be provided to the Conservation Futures Committee by letter or email via staff at the contact information on page 3. Every CF Committee meeting also includes two public comment periods.Meeting times are provided in newspapers and on the program website. 2018 CF Program Manual 11 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix A Conservation Futures Funding Request and Reimbursement Form Jefferson County Conservation Futures Project Name: Date: Program c/o Jefferson County Water Quality Division Project Sponsor: 615 Sheridan Street Port Townsend,WA Billing Period: 98368 Is this the final billing?Yes[ ] No[ ] Invoice Number[ ] ,SON Sponsor's Certificate:I hereby certify under penalty of perjury that the items and total listed and /` ' J attached herein are proper charges for materials,merchandise or services furnished and/or services -%/1 6 rendered have beenprovided without discrimination because of age,sex,marital status,race,creed, N�z g color,national origin,handicap,religion or Vietnam or disabled veterans status. BY Title Date To Be Completed By Sponsor Categories (attach Previous Expenditures To Date Costs For This Billing detailed lists Project and receipts) Agreement Non- Non- Expenditures Reimbursable Total Expenditures Reimbursable Total Match Match Land Totals O&M Totals Funding and Expenditure Formula(For CF Program Staff Use ONLY) Agreement Information Previous CF Reimbursements Match Source Date Notes Total Billed CF Share Billed CF Share Approved Match Owed Balance CF Share Retained CF Share Paid 2018 CF Program Manual 12 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT AGREEMENT (template only) Project Sponsor: Project Title: Project Number: Approval: Resolution No. xxx on xxx, 2018 A. Parties to the Agreement This Project Grant Agreement(Agreement)is entered into between County of Jefferson (County),PO Box 1220, Port Townsend,Washington 98368 and (Sponsor),xxxxx,xxxxx, WA 983xx, and shall be binding upon the agents and all persons acting by or through the parties. B. Purpose of the Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund. The grant is administered by Jefferson County Environmental Health for the Sponsor for the project named above. C. Description of Project The subject project is described in the attached 2018 Conservation Project Application for the xxx. Conservation Futures Fund("CFF")from Jefferson County in an amount not to exceed $xxx will be used towards fee simple acquisition, by xxx,of the real property known in the records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses,and$xxx to reimburse for operations and maintenance expenses. The matching amount is provided by xxx. Description of conservation easement(if applicable). D. Term of Agreement The Project Sponsor's on-going obligation for the above project funded by this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended in perpetuity unless otherwise identified in this Agreement. E. Period of Performance The Project reimbursement period for acquisition expenses shall begin on xxxx xx, 2018. The Project reimbursement period for acquisition expenses will end on xxx xx, 2021 unless proof of match is provided prior to this date.No expenditure made before xxx xx,2018 is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. Project Funding The total grant award provided by the Conservation Futures Fund(CFF)for the Project shall not exceed$xxxxx and Jefferson County CFF shall not pay any amount beyond that approved herein for funding of the Project. The Sponsor shall be responsible for all total costs for the Project that exceed$xxx,xxx. In no event will the CFF funds expended for this purchase exceed fifteen percent(15%)of the overall acquisition cost of APN xxx-xxx-xxx. This Project is eligible for reimbursement of capital project and operations and maintenance expenditures as described in the Jefferson County Conservation Futures Program Manual for the 2018 Funding Cycle. The contribution by the Sponsor toward work on the Project at a minimum shall be as indicated below. The contribution by the County toward work on the Project is described immediately above and in"C"above. 2018 CF Program Manual �' 13 http://www.cojefferson.wa.us/560/Conservation-Futures-Program Acquisition 0 & M Totals Conservation Futures— $ $ Project Sponsor Contribution $ /0 Totals $ $ $ 100% G. Unexpended Project Allocations Should unexpected Project allocations, including,but not limited to project completion at less than the estimated cost or,alternatively,the abandonment of the Project occur,then the Sponsor shall notify the County. H. Rights and Obligations All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application and Jefferson County Conservation Futures Program Manual for the 2018 Funding Cycle,all of which are attached hereto and incorporated herein. Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing.All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by Jefferson Board of County Commissioners. I. Indemnification Sponsor shall indemnify, defend and hold harmless the County, its officers,agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Sponsor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Sponsor. J. Insurance The Sponsor shall secure and maintain in force throughout the duration of this contract policies of insurance as follows: If and only if the Sponsor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners,sole proprietor, partners, owners or shareholders of the Sponsor,Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s)as established by the State of Washington or the state or province where the Sponsor is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Sponsor's performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)times the occurrence amount($2,000,000.00 minimum)for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations 2018 CF Program Manual 14 http://www.cojefferson.wa.us/560/Conservation-Futures-Program on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; d. Premises—Operations Liability(M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The County shall be named as an additional insured party under this policy. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve the Sponsor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein,or any portion thereof,may be withheld from payment due,or to become due,to the Sponsor until such time as 2018 CF Program Manual 15 http://www.cojefferson.wa.us/560/Conservation-Futures-Program the Sponsor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Sponsor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Sponsor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Sponsor to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Sponsor's failure to comply with all provisions of this contract relating to insurance,withhold payment or compensation that would otherwise be due to the Sponsor. K. Independent Contractor The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program,otherwise assuming the duties of an employer with respect to Contractor,or any employee of Contractor. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. L. Ownership and Use of Documents All documents, drawings, specifications and other materials produced by the Sponsor in connection with the services rendered under this agreement shall be the property of the Sponsor whether the project for which they are made is executed or not. The County shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference and use in connection with the Sponsor's endeavors. M. Compliance with Applicable Statutes,Rules,and Jefferson County Policies This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and regulations, including RCW 84.34.210, and published agency policies, which are incorporated herein by this reference as if fully set forth. N. Sponsor's Accounting Books and Records The Sponsor shall maintain complete financial records relating to this contract and the services rendered including all books, records, documents,receipts, invoices, and 2018 CF Program Manual 16 http://www.cojefferson.wa.us/560/Conservation-Futures-Program all other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this contract. The Sponsor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six(6)years after the date of the final payment to Sponsor. Copies shall be made available upon request. 0. Licensing,Accreditation and Registration The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,permitting and registration requirement/standards necessary for the performance of this contract. P. Disputes Except as otherwise provided in this contract,when a bona fide dispute arises between Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator assigned by or associated with Jefferson County District Court. Either party's request for a dispute hearing must be in writing and clearly state: a. the disputed issue(s), b. the relative positions of the parties, and c. the Sponsor's name, address and Agency contact number These requests must be mailed to the Project Manager,Jefferson County Environmental Health Department, 615 Sheridan St.,Port Townsend,WA 98368, within fifteen (15)days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a judicial or quasi- judicial tribunal. The parties will split evenly the cost of mediation or whatever form of dispute resolution is used. Q. Termination for funding Jefferson County may unilaterally terminate this contract in the event funding from state,federal, or other sources are withdrawn, reduced,or limited in any way after the effective date of this contract. R. Termination for Convenience The County reserves the right to terminate this agreement at any time by giving ten (10)days written notice to the Sponsor. S. Assignment The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this agreement without the express written consent of the County. T. Non-Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. U. County Does Not Assume Additional Duties The County does not assume any obligation or duty, except as required by federal or state law,to determine if Sponsor is complying with all applicable statutes,rules, codes ordinances or permits. V. Agreement Representatives All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: 2018 CF Program Manual 17 http://www.cojefferson.wa.us/560/Conservation-Futures-Program jefferson.wa.us/560/Conservation-Futures-Program Sponsor Contact Conservation Futures Program Contact Jefferson County Environmental Health—Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 These addresses shall be effective until receipt by one party from the other of a written notice of any change. W. Entire Agreement/Severability This agreement, along with all attachments,constitutes the entire agreement of the parties.No other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void, all other sections of this Agreement shall continue to have full force and effect. X. Effective Date This agreement, for the xxxxx(project) shall be effective upon signing by all parties. Y. Venue: Venue for any litigation arising from this Project Agreement shall be only in the Superior Court in and for Jefferson County. Each party to this agreement shall be responsible for their litigation costs, including attorney's fees. DATED this day of 2018. By David Sullivan, Chair Jefferson Board of County Commissioners By Attested: Carolyn Gallaway,Deputy Clerk of the Board Approved as to form: Philip Hunsucker, Chief Civil DPA 2018 CF Program Manual 1 8 http://www.co.j efferson.wa.us/560/Conservation-Futures-Program Jefferson County Conservation Futures Program Annual Project Reporting Form (template only) 1. Project Sponsor: 2. Project Title: 3. Project Number: 4. Status: 5. Approval Date: 6. Project goals and objectives: 7. Parcel number(s): 8. Total acreage: 9. Easement: Title: Seller: 10. Fee Simple Seller: 11. Month and year that CF funding was awarded: 12. a). Purchase price: b).Total project cost: 13. Amount of CF award: 14. Month and year of acquisition: 15. Entity holding title: 16. Entity responsible for stewardship: 17. Plans or agreements pertaining to this acquisition: 18. O&M funds received since acquisition(list by year): 19. Existing and on-going activities and projects(for each 0&M activity that has occurred since October 1 of the previous year,please provide supporting documentation): 20. New events, activities, projects(for each 0&M activity that has occurred since October 1 of the previous year, please provide supporting documentation): 21. Needs and challenges: 22. General progress towards project's objectives: Completed by: Title: Organization: Signature Date 2018 CF Program Manual 19 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix B PROJECTS MAP—2018 version utis ry (f1 �UrCS � ffer n+C nut3nt�, 44=f`a in teff s �r I s b , a �X a." arec a - - 1 a, , f \ '...: ',--'• . , 'th. . ' .,. , , a m , t . ..,i0, t;.-- i,„ , _ �� ,s a , . ....a~ - - 2018 CF Program Manual 20 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix C DEFINITIONS "Conservation futures citizen oversight committee"means the Jefferson County conservation futures citizen oversight committee established under this chapter. "Conservation futures fund"means the Jefferson County conservation futures fund established under this chapter. "Conservation futures tax levy"means that Jefferson County tax levy upon all taxable property in Jefferson County authorized by RCW 84.34.230. "County"means Jefferson County and/or its conservation futures citizen oversight committee. "Cultural resources"means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space land"means the fee simple or any lesser interest or development right with respect to real property including, but not limited to, conservation futures, easements, covenants or other contractual rights necessary to protect,preserve, maintain, improve, restore, limit the future use of or conserve selected open space land,farm and agricultural land and timber land(as those terms are defined in Chapter 84.34 RCW). "Project"means open space land, or any lesser interest or development right in specific real property,to which Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02 § 1] "Silviculture"means the practice of controlling the establishment, growth,composition, health, and quality of forests for the production of forest products. 2018 CF Program Manual 21 http://www.cojefferson.wa.us/560/Conservation-Futures-Program