HomeMy WebLinkAboutJefferson Land Trust - 0609091C,
�L-1'
log STEWARDSHIP AGREEMENT
Between Jefferson Land Trust ("JLT") and
Jefferson County ("the County")
THIS AGREEMENT is entered into between the Jefferson Land Trust
(hereinafter referred to as JLT), and Jefferson County (hereinafter referred to as the County), for
stewardship activities in support of open space and habitat preservation.
RECITALS
Whereas, JLT's mission is to work with the community to preserve open space
and habitat forever; and
Whereas, Jefferson Land Trust has been working since 1995 to protect the
Quimper Wildlife Corridor as a corridor linking critical habitat areas, in accordance
with the GMA goal of protecting such critical areas; and
Whereas, the Washington Department of Natural Resources has given Jefferson
County the opportunity to enter into 50-year renewable leases through the Trust Land
Transfer program in order to protect the open space and habitat functions of the three
properties described herein;
Now, therefore, the parties to this Agreement agree to the following:
1. JLT Obligations:
JLT hereby agrees to support Jefferson County's willingness to preserve and protect
these lands of important habitat and public open space values as follows:
• By reviewing the condition of the three properties described herein within ninety
(90) days of the date of the execution of the applicable lease between Jefferson
County and the State Department of Natural Resources and reporting their
condition in writing within 150 days of the execution of the applicable lease in
order to create a baseline condition report for that property.
• By periodically (not less than once every twelve months) undertaking the
monitoring the condition of these properties in the same manner as the
monitoring for the baseline condition report and delivering an annual written
monitoring report to the County.
• If cleanup, noxious weed control, or other stewardship activities are needed, JLT
will consult with appropriate Jefferson County staff, and after said consultation
will, to the best of its capacity, address the concerns with the help of community
volunteers. At its option, Jefferson County may assist with these activities.
Stewardship Agreement Between Jefferson County and Jefferson Land Trust
Paee: 2
• If requested by the County, JLT will post the properties as appropriate with
signage provided by Jefferson County intended to discourage vandalism,
garbage dumping, and resource theft.
• JLT shall immediately notify the County upon discovering any new locations of
permit species, or upon locating any live, dead, injured or sick specimens of any
listed species covered in the Department of Natural Resources' Incidental Take
Permit for the subject properties.
2. Indemnification
Each party to this agreement shall be responsible for its own acts and/or omissions and
those of its officers, employees and agents. No party to this agreement shall be
responsible for the acts and/or omissions of entities or individuals not a party to this
agreement.
The County shall indemnify and hold harmless Jefferson Land Trust from any lawsuit,
action, claim for damages or other dispute arising by and between the County and the
State Department of Natural Resources if that lawsuit, action, claim for damages or
other dispute arises from or is based upon a term or obligation of the County or DNR
found within the real property lease between the County and the DNR.
The County agrees to release and hold harmless, indemnify, and defend JLT, and JLT's
members, directors, officers, employees, agents, and contractors, as well as the personal
representatives, heirs, successors, and assigns of each of them (collectively the
"Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages,
expenses, causes of action, claims, demands, or judgments, including, without
limitation, reasonable attorney's and consultant's fees, arising from or in any way
connected with injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or
occurring on or about the Leased Property, regardless of cause, unless due solely to the
negligence of any of the Indemnified Parties.
Stewardship Agreement Between Jefferson County and Jefferson Land Trust
Pase: 3
3. Subject Properties:
This Agreement covers each property below, when subject to a lease from the
Washington State Department of Natural Resources to Jefferson County:
uimper Peninsula East
Portion of Section 33, T31 N, R1 W
Jefferson County, Washington
Land Description:
Government lot 5 of Section 33, Township 31 North, Range 1 West, Willamette
Meridian, Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown
and described by that Record of Survey recorded January 11, 1996, in Book 17 of
Surveys at Pages123-128, under Auditor's File No. 387842, Jefferson County records.
APN 101333 002
Quimper Peninsula West
Portion of Section 32, T31N, R1W
Jefferson County, Washington
Land Description:
The SE1/4 of the SW1/4 and the SW1/4 of the SE1/4 of Section 32, Township 31 North,
Range 1 West, Willamette Meridian, Jefferson County, Washington, according to U.S.
Government subdivision procedures, APN 101323 004 and 101 324 001
TOGETHER WITH
Lots 1, 2, 3, 4 and 5 of Block 72 of the Supplementary Plat of Captain Tibbals Lake Park,
according to the plat thereof recorded in Volume 2 of Plats at Page 3, records of
Jefferson County Washington. APN 999 007 201
Thorndyke
Portion of Section 4, T27N, R1E, W.M.
Jefferson County, Washington
Land Description:
Government Lot 3 of Section 4, Township 27 North, Range 1 East, Willamette Meridian,
Jefferson County, Washington. APN 721043 008
Stewardship Agreement Between Jefferson County and Jefferson Land Trust
Page: 4
4. Term:
This Agreement shall become effective after the execution of the Stewardship
Agreement and the leases of the subject properties between the Washington
Department of Natural Resources and Jefferson County, and shall expire fifty (50) years
from the date the leases were executed.
5. Amendments:
The parties to this Agreement may, through a writing approved and executed by both
parties, amend this Agreement.
Signed this b day of 3 vwve- 2009.
JEFFERSON COUNTY
r
David Sullivan Date
Chair, Jefferson County Board of Commissioners
JEFFERSON LAND TRUST
0 ,r-14 a Y
Owen FairbaA Date
President, Jefferson Land Trust
Approved as to Form:
C61�2-�
Ow� 9
David Alvarez Date
Chief Civil Deputy Prosecutor
ATTEST:
('MC (.0 ITIo
pheatthes Date
Deputy Clerk of the Board
CONTRACT REVIEW FORM
CONTRACT WITH:
Jefferson Land Trust
(Contractor)
CONTRACT FOR: Open Space and Habitat Preservation TERM: 12/31/09
AMOUNT: PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY RISK MANAGEMEN
Review by: el
Date Reviewed:
12 APPROVED FORM
Comments:
MReturned for revision (See comments)
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: � LV-A A 2�,j A:"
Date Reviewed: b' /?:�6 (5 q
APPROVED AS TO FORM Returned for revision (See comments)
Comm ts:
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract and Agenda Request Form along with 9 copies of Contract and Review Form.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be submitted to BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Philip Morley, County Administrator
DATE: June 8, 2009 9�
RE: Quimper East, Quimper West and Thorndyke Trust Land Transfer Leases with DNR
and Stewardship Agreement with Jefferson Land Trust
STATEMENT OF ISSUE:
Staff recommends the Board of County Commissioners adopt a Resolution authorizing Chair David
Sullivan to execute the Quimper East, Quimper West, and Thorndyke Trust Land Transfer Leases with the
Washington State Department of Natural Resources. These are 50-year leases, which are fully paid for by a
State appropriation authorized by the Washington State Legislature in the current biennium.
Staff also recommends the Board of County Commissioners pass a Motion authorizing Chair David
Sullivan to execute a Stewardship Agreement with the Jefferson Land Trust for the same three properties
for the duration of the leases with DNR.
ANALYSIS:
The three proposed leases are through the DNR's Trust Land Transfer Program. The DNR, over time, has
consolidated trust lands to improve economic returns through land sales, exchanges, and acquisitions.
Low-income producing properties have been sold and replaced with properties that can be managed for
greater returns for trust beneficiaries. Some state trust lands have important social or ecological values that
are desirable to be managed for a special use or feature of importance rather than for economic returns. The
Trust Land Transfer (TLT) Program presents an opportunity to retain these special lands in public
ownership while maintaining and improving economic returns to DNR's trust beneficiaries.
The Legislature reviews DNR lands proposed to be transferred to other public entities, determines the
makeup of the final package, and sets an appropriation funding level. If approved, the transfer package is
authorized and funded by the State as a section in the State's Capital Budget Bill. Legislation generally
provides for the direct funding of properties.
Around 2006, the Department of Community Development learned of the opportunity under DNR's Trust
Land Transfer Program for counties to propose DNR lands for transfer to county ownership/management.
At the time, we understood that the fee simple transfer was the most likely option, and we asked long-time
(and now retired) DNR forester Mike Cronin for advice as to which properties in Jefferson County might
be good candidates for transfer because of their habitat value, potential value to the community, and also
properties that were relatively expensive or awkward for the DNR to manage.
Mr. Cronin pointed out three: "Quimper Peninsula East" and "Quimper Peninsula West" near Port
Townsend, and "Thorndyke" near the Thorndyke drainage. All three properties are currently used for
passive recreation - mostly for walking on the Quimper sites. The Thorndyke site has an especially
beautiful forest of mature second growth and access to public tidelands. The slope there is unstable too.
DNR maps and characterizations of the three parcels are attached to this memo.
DNR accepted the County's suggestion to include the three properties in its transfer program, but rather
than an outright transfer, proposed a 50-year lease arrangement. The State Legislature approved and
funded DNR's property list in the 2007-2009 biennium budget.
The Jefferson County Board of County Commissioners signed a letter of intent in the fall of 2007. The
Jefferson Land Trust has been supportive of this effort, and both Jefferson Land Trust and Jefferson County
have been working with DNR during the past two years to develop the leases before you today.
In addition, recognizing Jefferson County's fiscal limitations in managing these additional properties, the
Jefferson Land Trust has offered to provide stewardship services for the three properties, to substantially
reduce potential future costs to the County. A Stewardship Agreement is attached for this purpose.
Finally, it is worthy to note that under the terms of the proposed lease, the County could make a future
request to purchase the residual value of the DNR's fee interest at fair market value, and DNR, at its option,
may or may not agree to the sale.
FISCAL IMPACT:
There is no lease payment cost to Jefferson County of the three proposed Trust Land Transfer Leases.
Future County financial liability appears to be de minimus.
There is no cost to Jefferson County for the Stewardship Agreement with the Jefferson Land Trust.
RECOMMENDATION:
Adopt a Resolution authorizing Chair David Sullivan to execute the Quimper East, Quimper West, and
Thorndyke Trust Land Transfer Leases with the Washington State Department of Natural Resources.
Pass a Motion authorizing Chair David Sullivan to execute a Stewardship Agreement with the Jefferson
Land Trust for the same three properties
ATTACHMENTS: DNR Maps and Property Characterizations for the three parcels
REVIEWED BY:
County Ad ni for Da
2