HomeMy WebLinkAbout052421_ca10 615 Sheridan Street
Port Townsend, WA 98368
9ellason www.JeffersonCountyPublicHealth.org
ea t�h JEFFERSON COUNTY
Public H
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Pinky Feria Mingo, Director, Environmental Health and Water Quality
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Conservation Futures Grant Agreement with Jefferson Land
Trust, Sponsor, for Serendipity Farm; March 1, 2017 —July 30, 2021; Not to
exceed $106,600.
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests Board approval of a Conservation Futures Grant Agreement
with Jefferson Land Trust to implement the Serendipity Farm project; March 1, 2017 —July 30, 2021; Not to
exceed $106,600.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
Jefferson Land Trust will implement the Serendipity Farm project, which was approved for Conservation
Futures Funding by the BoCC in 2017 (Resolution 24-17), to place a Grant Deed of Agricultural Conservation
Easement on this property located in Quilcene. The project will reduce development potential and preserve
agricultural and habitat values. As discussed during the Commissioner's Briefing on May 3rd, 2021, the project
completion date is extended to July 30, 2021 and the project area is reduced from 45 to 42 acres.
FISCAL IMPACT/COST BENEFIT ANALYSIS :
The cost for the Conservation Futures contribution to the Serendipity Farm project is provided in full by
Conservation Futures Fund and will not affect the General Fund. The matching contribution (no less than 50%)
will be provided by grants through the State Farmland Preservation and Navy's Readiness and Environmental
Protection Integration (REPI) programs.
RECOMMENDATION:
Jefferson County Public Health (JCPH) requests Board approval of a Conservation Futures Grant Agreement
with Jefferson Land Trust to implement the Serendipity Farm project; March 1, 2017 —July 30, 2021; Not to
exceed $106,600.
REVIEWED BY:
A 5 o 7/
Mark McCauley, -.'- - County Adminis or Dat
/n
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: Serendipity Farm
Contract Number: EH-21-020
Approval: Resolution No. 24-17
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 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). Jefferson Land Trust will
implement a Conservation Futures(CF)Program project to acquire a grant deed of conservation
easement(Exhibit B)for the approximately 42.4-acre property known in the records of the Jefferson
County Assessor as APN#s 702144001, 702144021, and 702133027 and as described in the 2017
Conservation Futures project application for the Serendipity Farm Project(Exhibit C)and 2017
Conservation Futures Program Manual(Exhibit D), and as authorized by Resolution No. 24-17
(Exhibit E).The grant deed of conservation easement will prevent subdivision while allowing for
agricultural uses, sustainable forest management, and habitat protections. Language is included to
protect the County's interests and conservation values, including:
Grantee's costs of acquiring this Easement were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code Section 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of this Easement, and to obtain the
consent of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent
with Jefferson County Code Section 3.08.030(9), this Easement shall not be converted to a
different use unless and only if other equivalent lands or interest in lands within Jefferson
County are received by Grantee in exchange.
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on March 1, 2017 and end on
June 30,2021 unless proof of match is provided prior to this date. Work performed consistent with
this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified.
Annual reporting is required every December 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 $106,600 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 fifty(50%)percent of the
Serendipity Farm 1
total Project cost and all Project costs in excess of$213,200. 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 % Match
Serendipity—Conservation
Futures $106,600 $0 $106,600 50% or less
Estimated Project Sponsor 50%or
Contribution $106,600 $0 $106,600
more
Estimated Total Project Cost $213,200 $0 $213,200 100%
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.
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
Sponsor shall indemnify and hold harmless the County, its past or present employees,
officers, agents, elected or appointed officials or volunteers (and their marital
communities), from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Sponsor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Sponsor.
Sponsor shall be liable only to the extent of Sponsor's proportional negligence. The
Sponsor specifically assumes potential liability for actions brought against the County
by Sponsor's employees, including all other persons engaged in the performance of
any work or service required of the Sponsor under this Agreement and, solely for the
purpose of this indemnification and defense, the Sponsor specifically waives any
immunity under the state industrial insurance law, Title 51 R.C.W. The Sponsor
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
Serendipity Farm 2
separate from or in addition to any equity owners, sole proprietor,partners, owners or
shareholders of the Sponsor, Worker's Compensation Insurance in an amount or amounts
that are not less than the required statutory minimum(s)as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)
times the occurrence amount($2,000,000.00 minimum)for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County,the
insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated 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
Serendipity Farm 3
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
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.
Serendipity Farm 4
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.
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.
Serendipity Farm 5
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
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 Serendipity Farm 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 , 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Serendipity Farm 6
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Jefferson Land Trust _
Name of Sponsor Kate Dean, Chair
Contractor Representative (Please print) Heidi Eisenhour,Member
(Signature) Greg Brotherton, Member
Title
Date
ATTEST: APPROVED A TO FORM/7
By: 01. c L,/
Carolyn Gallaway, Clerk of the Board Philip C. uns cker
Chief Civil Deputy Prosecuting
Attorney
Serendipity Farm 7
APPENDIX A
Scope of Work
Jefferson Land Trust,as project sponsor"Sponsor",will perform the following tasks in order to
implement the Serendipity Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than fifty percent(50%)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 50% of the total project cost.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor will acquire a grant deed of conservation easement on the subject property,APN#s
702144001, 702144021,and 702133027 that incorporates approved Conservation Futures Program
language, including the language in item"C"of this agreement.
Deliverable 2a: Final draft grant deed of conservation easement
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded grant of conservation easement deed.
Task 3: Stewardship Plan
Sponsor will provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan.
Task 4: Annual 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 that it is required.
Deliverable 4a: Completed annual reports.
Serendipity Farm 8
Exhibit B
Grant Deed of Conservation Easement
Serendipity Farm 9
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, Wa. 98368
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet
(RCW 65.04)
Document Title(s) (or transactions contained therein):
Grant Deed of Agricultural Conservation Easement
Reference Number(s) of Documents assigned or released:
Additional reference numbers on Page(s) of document.
Grantor(s) (Last name, first name, initials)
LLEWELLYN, CHRISTINE
Grantee(s) (Last name first, then first name and initials)
JEFFERSON LAND TRUST
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
S14 T27 R2W TAX 43
S14 T27 R2VV TAX 38
S13 T27 R2W TAX 66 (LYING N OF W COLUMBIA ST)
Additional legal description is in Exhibit A of document.
Assessor's Property Tax Parcel/Account Number El Assessor Tax# not yet
assigned
702144001, 702144021, 702133027
The Auditor/Recorder will rely on the information provided on the form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
herein.
GRANT DEED OF AGRICULTURAL CONSERVATION EASEMENT
This GRANT DEED OF AGRICULTURAL CONSERVATION EASEMENT ("Easement") is made
by CHRISTINE LLEWELLYN, a single person, having an address of P.O. Box 97, Quilcene,
Washington 98376 ("Granting Owner", and "Owner" herein), in favor of JEFFERSON LAND
TRUST, a Washington nonprofit corporation, having an address of 1033 Lawrence Street,
Port Townsend WA 98368 ("Grantee"). The State of Washington, by and through the
Washington State Recreation and Conservation Office ("RCO") has certain rights hereunder,
including third party right of enforcement.
1. RECITALS
1.1. Granting Owner is the owner in fee simple of the certain real property (hereinafter,
"Property") located in Jefferson County, Washington, more particularly described in
Exhibit "A" (Legal Description) and shown on Exhibit "B" (Site Map), which are
attached to this instrument and incorporated herein by this reference. The Property
consists of approximately 43 acres in 3 parcels, and is commonly known as
"Serendipity Farm".
1.2. The Property possesses significant agricultural values of great importance to
Granting Owner, Grantee, the people of Jefferson County, and the people of the
State of Washington (collectively, "Agricultural Conservation Values"). The
Agricultural Conservation Values include agricultural productivity, prime, unique
and important agricultural soils of State-wide importance, the suitability of the
Property for producing vegetables and other agricultural products, the size of the
commercially productive portion of the Property, existing and potential economic
productivity, the viability of the site for continued agricultural production, including
farm-to-market access, proximity to roads and utilities, and water availability.
1.3. The Property also possesses significant fish and wildlife habitat values of great
importance to Granting Owner, Grantee, the people of Jefferson County, and the
people of the State of Washington (collectively, "Habitat Values"). The Habitat
Values include restored riparian and freshwater emergent wetland habitat
beneficial to coho and other species. The Habitat Values are currently protected by
temporary enrollment of the Property in the Conservation Reserve Enhancement
Program ("CREP"), administered by the Farm Service Agency of the United States
Department of Agriculture. In conjunction with CREP, these riparian and freshwater
emergent wetland habitat portions of the Property have been fenced, and will be
described in the Baseline Documentation. For purposes of this Easement, the
portions of the Property that have been fenced in conjunction with CREP will be
referred to herein as the "Riparian Conservation Zone". Upon termination of the
Property's current enrollment in CREP, including any renewals, the Riparian
Conservation Zone is to be managed as provided in Section 5.4 of this Easement
and the Approved Stewardship Plan
1.4. The Property consists primarily of farmland (as defined in RCW 79A.15.010)
whose soils have been classified as "Prime Farmland", "Prime Farmland if
Drained", and "Farmland of Statewide Importance" by the Natural Resource
Conservation Service, U.S. Department of Agriculture. This land has soil quality,
growing season, and moisture supply needed for sustained agricultural production.
1.5. The Property contains features that make the Property valuable farmland, such as
ditches, canals, ponds and reservoirs, topographic features, scenic open space,
and historic farm identity.
1.6. The Agricultural and Habitat Conservation Values are documented in an inventory
of relevant features of the Property on file at the offices of Jefferson Land Trust and
incorporated herein by this reference ("Baseline Documentation"). The Baseline
Documentation consists of reports, maps, photographs, and other documentation
that provide, collectively, an accurate representation of the Property at the time of
this grant and which is intended to serve as an objective information baseline for
monitoring compliance with the terms of this grant. The Parties acknowledge that
the Baseline Documentation is complete and accurate as of the date of this
Easement. The Parties further agree that within three (3) months of the execution
of this Easement, a collection of additional Baseline Documentation may be
compiled by Grantee and incorporated into the Easement by this reference.
Failure to timely compile the additional Baseline Documentation shall not affect the
enforceability or this Easement or any of its provisions. The Baseline
Documentation may be used to establish that a change in the use or condition of
the Property has occurred, but its existence shall not preclude the use of other
evidence to establish the condition of the Property as of the date of this Easement.
Grantee may use the Baseline Documentation in enforcing provisions of this
Easement but is not limited to the use of the Baseline Documentation to show a
change in the use or condition of the Property.
1.7. Permanent protection of the Property will further the purposes of the Washington
State Farm and Forest Account("FFA") established under RCW 79A.15.130, which
provides that moneys appropriated to the FFA "must be distributed for the
acquisition and preservation of farmlands and forestlands in order to maintain the
opportunity for agricultural and forest management activity upon these lands." The
legislatively declared policies of the State of Washington in the Washington State
Open Space Tax Act, Chapter 84.34 RCW (OSTA), provide that "it is in the best
interest of the state to maintain, preserve, conserve, and otherwise continue in
existence adequate open space lands for the production of food, fiber and forest
crop, and to assure the use and enjoyment of natural resources and scenic beauty
for the economic and social well-being of the state and its citizens." Under the
OSTA, lands eligible for preferential real property tax treatment include lands such
as the subject Property where the preservation in its present use would conserve
and enhance natural resources and promote conservation of soils. Pursuant to this
legislative directive, Jefferson County has adopted an Open Space Tax Program,
Ordinance No. 09-1203-03, that recognizes the importance of and provides
preferential tax treatment for the agricultural resource land and habitat that occur
on the Property, including land devoted to commercial agriculture and/or
production of livestock; protection of open space, stream corridors, wetlands,
habitat; and promotion of conservation principles by example or by offering
educational opportunities.
1.8. The United States of America, through the Department of the Navy (the
"Government"), operates Naval Magazine Indian Island in Jefferson County,
Washington, and Naval Base Kitsap Bangor in Kitsap County, Washington (the
"Installations"), in the vicinity of the Property. The Government and Grantee
(Jefferson Land Trust) entered into an agreement identified as Multi-Year
Encroachment Protection Agreement Number N4425511RP00034 as amended,
whereby Grantee agreed to accomplish the acquisition of certain real property
interests in the vicinity of the Installations for purposes that are consistent with the
objectives of the Government and Grantee. The Government's objective of
preventing incompatible land uses and development in the vicinity of the
Installations and the protection of the Conservation Values of the Property, as
identified herein, is consistent with Grantee's mission and objectives.
1.9. The Parties acknowledge there will be two easements on the Property: (1)this
Grant Deed of Conservation Easement held by Grantee (the"Land Trust
Easement"), and (2) a Deed of Restrictive Easement held by the Government. The
Parties further acknowledge that the Land Trust Easement and the Deed of
Restrictive Easement are for different, as well as similar and complementary
purposes and that, accordingly, these two instruments prohibit, permit, and
regulate certain different uses and activities.
1.10. This Easement is acquired in part with a grant from RCO pursuant to that certain
grant agreement #16-1637A between RCO and Grantee dated 2/1/2018 ("RCO
Grant Agreement"). RCO is a third-party beneficiary of certain rights under this
Easement.
1.11. Grantee's costs of acquiring this Easement were provided in part by grant funding
from the Jefferson County Conservation Futures property tax authorized by
Washington law. Grantee hereby agrees to be bound by Jefferson County Code
Section 3.08.030(9), the uses authorized under RCW 84.34.230, and the terms of
that certain Grant Agreement between Jefferson County and Grantee, dated
XXXXXX, 2021, including the obligation to ensure the long-term conservation of
the Property in accordance with the terms and conditions of this Easement, and to
obtain the consent of Jefferson County prior to any conveyance of any interest
acquired hereby. Consistent with Jefferson County Code Section 3.08.030(9), this
Easement shall not be converted to a different use unless and only if other
equivalent lands or interest in lands within Jefferson County are received by
Grantee in exchange.
1.12. The Parties agree that, in order to maintain the opportunity for agricultural activity
upon the Property pursuant to RCW 79A.15.130, it is appropriate to include in this
Easement any and all adjudicated and un-adjudicated water rights, whether
appropriative or riparian, including but not limited to ditches and ditch rights,
springs and spring rights, reservoir and reservoir rights, wells and groundwater
rights, water allotments, units or shares, memberships, shares, or rights to receive
water from any water company, ditch company, or irrigation district, permits,
certificates, or claims under Chapter 90.14 RCW, and any other types of rights
related to the ownership of water, appurtenant to or customarily or historically used
or associated with or upon the Property, including but not limited to those
specifically described in Exhibit "C" (Water Rights), which is attached to this
instrument and incorporated herein by this reference (collectively, the "Water
Rights"). For purposes of this Easement, the Water Rights shall also include any
and all of the rights associated with the historical and beneficial use of any of the
embankments, flumes, headgates, measuring devices or any other structures that
are appurtenant to those water rights, together with all easements and rights of
way therefor.
1.13. The Parties intend that the Agricultural and Habitat Conservation Values be
preserved and maintained in perpetuity by permitting only those land uses on the
Property that do not impair or interfere with the Agricultural or Habitat Conservation
Values.
1.14. Granting Owner, as owner of the Property, has the right to protect and preserve the
Agricultural and Habitat Conservation Values, and desires and intends to transfer
such rights to Grantee in perpetuity.
2. CONVEYANCE AND CONSIDERATION
2.1. For the reasons stated above, and in consideration of the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the laws of
Washington and in particular RCW 64.04.130 and RCW 84.34.210, Granting
Owner hereby voluntarily grants, conveys and warrants, for valuable consideration,
the receipt of which is acknowledged hereby, to Grantee a conservation easement
in gross and in perpetuity over the Property, consisting of the rights in the Property,
hereinafter enumerated, subject only to the title matters set forth in Exhibit D
(Permitted Exceptions), which is attached to this instrument and incorporated
herein by this reference.
2.2. This conveyance is a conveyance of an interest in real property under the
provisions of RCW 64.04.130.
2.3. Granting Owner expressly intends that this Easement runs with the land and that
this Easement shall be binding upon Granting Owner's and Grantee's successors
and assigns in perpetuity.
3. PURPOSE
3.1. Purpose. The Purpose of this Easement is to protect the Agricultural Conservation
Values of the Property forever and prevent any use of the Property that will impair
or interfere with its Agricultural and Habitat Conservation Values, thereby
maintaining the opportunity for agricultural activity upon the Property pursuant to
RCW 79A.15.130. To the extent that the protection of Habitat and other
Conservation Values is consistent with maintaining the opportunity for agricultural
activity upon the Property, it is within the Purpose of this Easement to protect such
Habitat and other Conservation Values by preventing any use of the Property that
will impair or interfere with its Habitat Values.
3.2. Stewardship Plan. To further the Purpose of this Easement, the Parties have
developed and approved, as indicated by the signatures of the parties to the plan,
a plan for stewardship of the Property ("Approved Stewardship Plan ") dated
, on file at the offices of Grantee and incorporated herein by this reference.
3.2.1. An Approved Stewardship Plan that is effective as of the date of any change of
ownership shall become an interim plan that will be valid for no more than 90
days following the date of conveyance of the Property. Grantee shall meet with
the new Owner during such 90 day period for the purpose of reviewing the plan
with the new Owner of the Property and determining whether such plan should
be extended or revised; any extension or revision of an Approved Stewardship
Plan must be approved in writing by Grantee and the new owner.
3.3. Interpretation of the Easement and Approved Stewardship Plan.
3.3.1. The Parties intend that this Easement and an Approved Stewardship Plan
both be interpreted in a manner consistent with the Purpose of this Easement.
3.3.2. The Parties intend that this Easement and an Approved Stewardship Plan be
interpreted to confine Owner's use of the Property to such activities that are
consistent with the Purpose and terms of this Easement. At the same time, the
Parties intend, and this Easement is structured, to give Owner maximum
flexibility and discretion to undertake activities that are consistent with the
Purpose and terms of this Easement.
3.4. No Public Rights Conveyed Through Easement. The Parties acknowledge that,
except as specifically provided herein, Granting Owner does not grant, expand, or
extend any rights to the general public through this Easement, including without
limitation, any rights of public access to, on or across, or public use of, the
Property.
4. RIGHTS CONVEYED TO GRANTEE
To accomplish the Purpose of this Easement, the following rights are conveyed by
Granting Owner to Grantee by this Easement:
4.1. Protection. Grantee shall have the right to identify, protect, preserve, maintain,
and conserve in perpetuity, and to enhance, restore, or improve by mutual
agreement the Agricultural and Habitat Conservation Values of the Property.
4.2. Access by Grantee. As provided for and limited herein, Granting Owner hereby
grants to Grantee reasonable and non-exclusive access at reasonable times
across the Property solely for the purposes of fulfilling Grantee's obligations under
this Easement and exercising its affirmative rights under this Easement.
Specifically, Grantee shall have the right:
4.2.1. To enter upon, inspect, observe and study the Property, with such persons as
Grantee may require, at mutually agreeable dates and times and upon
reasonable prior notice to Owner, for the purpose of(a) identifying the current
uses and practices on the Property and the condition of the Property, and (b)
monitoring the uses and activities on the Property to determine whether they
are consistent with this Easement.
4.2.2. To enter upon the Property, at a mutually agreeable date and time and upon
prior notice to Owner, to inspect the Property after major natural events occur,
such as fires, windstorms, and floods.
4.2.3. To enter upon the Property at such other times as are necessary if there is
reason to believe that a violation of the Easement is occurring, for the
purposes of enforcing the provisions of this Easement. Prior to entry, Grantee
must provide Owner notice, and describe the basis of the reasonable belief
that a violation is occurring on the Property.
4.2.4. Grantee shall exercise its access rights in compliance with applicable law and
in a manner that will not materially disturb or interfere with Owner's reserved
rights, any other person's lawful use of the Property, or Owner's quiet
enjoyment of the Property.
4.2.5. Owner may not unreasonably withhold or delay its consent to dates and times
of access proposed by Grantee.
4.3. Development Rights. Granting Owner hereby grants to Grantee all development
rights except as specifically reserved herein, and the Parties agree that such rights
may not be used on or transferred off the Property as it now or hereafter may be
bounded or described, or to any other property adjacent or otherwise, or(except as
expressly permitted herein) used for the purpose of calculating permissible lot yield
or density of the Property or any other property.
4.4. Injunction and Restoration. Grantee shall have the right to prevent, or cause
Owner to prevent, any use of, or activity on, the Property that is inconsistent with
the Purpose and terms of this Easement, including trespasses by members of the
public, and shall have the right to undertake or cause to be undertaken the
restoration of such areas or features of the Property as may be materially damaged
by activities contrary to the provisions hereof, all in accordance with Section 9.
4.5. Enforcement. Grantee shall have the right to enforce the terms of this Easement,
in accordance with Sections 8 and 9.
4.6. Assignment. Grantee shall have the right to assign, convey, or otherwise transfer
Grantee's interest in the Property in accordance with Section 13.
4.7. Signage. Grantee shall have the right to erect and maintain a sign or other
appropriate marker on the Property, visible from a public road, bearing information
indicating that the Property is protected by this Easement and held by Grantee.
The sign shall also name the funding sources for the acquisition of the Easement
to the extent required by the funding sources. The location and design of the sign
shall be determined by mutual consent of Owner and Grantee, which consent shall
not be unreasonably withheld. The wording of the information shall be determined
by Grantee, but shall clearly indicate that the Property is privately owned and not
open to the public. Grantee shall be responsible for the costs of erecting and
maintaining such sign or marker.
5. PERMITTED USES
5.1. General. Granting Owner reserves for itself and its successors and assigns, any
and all rights not otherwise conveyed to Grantee under this Easement and any and
all uses of, or activities on, the Property that are not inconsistent with the Purpose
and terms of this Easement, and that are not prohibited herein. Without limiting the
generality of the foregoing, Granting Owner specifically reserves for itself and its
successors and assigns the following uses and activities, which shall be
considered permitted uses and activities under the Easement.
5.2. Agricultural Activities. Owner may engage in, and allow others to engage in,
Agricultural Activities (as defined below) on the Property, as further provided for
and limited in this Section and in Section 6.
5.2.1. As used herein, "Agricultural Activities" shall mean the commercial production
of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal
products, including but not limited to crops commonly found in the community
surrounding the Property, field crops, fruits, vegetables, horticultural
specialties, livestock or livestock products, or the commercial production of
berries, grain, hay, straw, seed, or Christmas trees not subject to the excise
tax imposed by Chapter 84.33 RCW, and all conditions and activities
occurring on a farm in connection with such commercial production, including,
but not limited to, marketed produce at roadside stands or farm markets;
noise; odors; dust; fumes; operation of machinery and irrigation pumps;
movement, including, but not limited to, use of current county road ditches,
streams, rivers, canals, and drains, and use of water for agricultural purposes;
ground and aerial application of seed, fertilizers, conditioners, and plant
protection products; employment and use of labor; roadway movement of
equipment and livestock; protection from damage by wildlife; prevention of
trespass; and construction and maintenance of agricultural buildings, fences,
roads, bridges, ponds, drains, waterways, and similar features as well as
restoration, maintenance of streambanks, watercourses, and wetland ponds.
5.2.2. Agricultural Activities shall also include such "Accessory Uses," as defined in
RCW 36.70A.177(3)(b), that are related to the permitted Agricultural Activities
on the Property, that maintain the primacy of, and are subordinate to, the
farmland character and use of the Property, that are compatible with the
Agricultural Conservation Values, and that provide supplemental income.
Temporary farmworker housing furnished by Owner in accordance with
applicable law is a permitted accessory use of the Property.
5.2.3. All Agricultural Activities shall be carried out in accordance with applicable law
and in compliance with the Purpose and terms of this Easement. Owner
retains discretion over the specific character and content of the management
decisions and practices necessary to identify, protect, preserve, maintain, and
conserve, in perpetuity, and to enhance, restore, or improve the Agricultural
Conservation Values consistent with the Purpose and terms of this Easement.
5.3. Customary Rural Enterprises. Owner may establish and carry out customary
rural enterprises, provided said activities are compatible with the Purpose of this
Easement and agricultural uses of the Property and are subordinate to the
agricultural and residential use of the Property. The customary rural enterprises
must be conducted in the buildings required for the agricultural use of the Property
or the residences in which employees or family members of the farm reside.
Examples of rural enterprises include but are not limited to, home occupations or
cottage industries, educational programming, professional offices within the home,
child-care facilities, nonprofit work, bed and breakfast lodging, craft production, and
firewood distribution. Enterprises which market petroleum or chemical products are
prohibited. Enterprises that require their own buildings are generally prohibited
unless they are needed to maintain the viability of the agricultural operation and
enterprise.
5.4. Habitat Stewardship Activities. Owner may engage in, and allow others to
engage in, any activity to monitor, protect, and maintain the Habitat Values,
including but not limited to habitat restoration, enhancement, and management
activities ("Habitat Activities"), pursuant to an Approved Stewardship Plan covering
the Property. All Habitat Activities on the Property shall be carried out in
compliance with the Purpose and terms of this Easement.
5.4.1. The Riparian Conservation Zone has been fenced at no cost to Granting
Owner pursuant to the CREP agreement in effect as of the effective date of this
Easement. In consideration of benefits and payments derived from the
enrollment of the Property in CREP, Owner agrees, at Owner's expense, to
maintain, repair, and replace as needed all fencing installed pursuant to the
Property's enrollment in CREP. This obligation of Owner with regard to fencing
of the Riparian Conservation Zone shall survive the termination of the CREP
agreement in effect as of the effective date of this Easement, and shall be in
accordance with an Approved Stewardship Plan.
5.4.2.Within the fenced Riparian Conservation Zone, Owner also may engage in, and
allow others to engage in, activities to maintain the hydrologic drainage function
of the existing channels and ditches, as shown on Exhibit B (Site Map), that
benefit the Agricultural Conservation Values of the Property, in accordance with
an Approved Stewardship Plan.
5.4.3.Within the fenced Riparian Conservation Zone, and in accordance with
applicable laws, Owner may engage in Agricultural Activities that are compatible
with the protection of the Habitat Values, in accordance with an Approved
Stewardship Plan. The grazing of livestock within the Riparian Conservation
Zone is generally prohibited; provided, however, that supervised grazing of
livestock is allowed to control invasive vegetation in accordance with an
Approved Stewardship Plan,
5.5. Designation and Limitations on Building Envelope Improvements. There may
be no more than two (2) building envelopes within the Property. Portions of the
Property, as shown on Exhibit B (Site Map) herein, are designated the Building
Envelopes for Agricultural and Non-Agricultural uses and structures. The Building
Envelope in the Westerly portion of the Property is approximately X acres in area
and is referred to herein as the Westerly Building Envelope. The Building Envelope
in the Easterly portion of the Property is approximately X acres in area and is
referred to herein as the Easterly Building Envelope. There may be no single-
family residential structures within the Westerly Building Envelope; provided,
however, that temporary worker housing may be located within the Westerly
Building Envelope to the extent permitted by applicable law and in accordance with
an Approved Stewardship Plan..
5.5.1. Subject to the limitation on Impervious Surfaces, wind, solar, or other alternative
energy systems may be installed within a Building Envelope for the primary
purpose of generating energy for the agricultural and residential needs of the
Property, and telecommunications systems may also be installed within a
Building Envelope. Such alternative energy and telecommunication sytems may
include:: foundations, concrete pads and footings; wind turbine units;
photovoltaic panels, guy wires, support fixtures, anchors and fences; buildings
needed for maintenance of wind turbine or other alternative energy production
units and maintenance and storage of related equipment; electrical transformers
and energy storage facilities; electric transformers, electric distribution and
transmission towers and lines either above ground or underground; substations
or switching facilities for the purpose of connecting to transmission system;
private roads providing access from public roads to the energy facilities; and any
other items necessary to the successful and secure use of any area of the
Property within a Building Envelope for the production of wind, solar, or other
alternative source of energy. If the energy produced within the Property by wind,
solar, or other alternative source(s) of energy exceeds the energy required for
permitted uses, Owner may sell or transfer such excess energy; no new
easements may be created or utility lines installed in connection with such sale
or transfer.
5.5.2. Outside the Building Envelopes, any structure must be reasonably necessary for
Agricultural Activities (excluding Accessory Uses), in compliance with the total
impervious surface limit of Section 6.7.1, and any such structure may not
permanently impair the availability of the soil for agriculture. No structure
outside a Building Envelope may utilize a concrete slab, poured concrete
foundation, or similar components that would inhibit returning the soil to
Agricultural Activities if the structure is removed.
5.6. Maintenance and Construction of Buildings and Other Structures
5.6.1. Building Envelope Improvements for Agricultural Activities. For all Agricultural
Activities, Owner may, within a Building Envelope, expand or enlarge
Improvements existing on the Property as of the Effective Date of this Easement
and may install, build or construct, expand, enlarge, maintain, repair, replace, or
decommission Improvements not existing as of the Effective Date of this
Easement.
5.6.2. Building Envelope Improvements for Nonagricultural Activities. For personal and
domestic uses and activities and other nonagricultural activities within the
Easterly Building Envelope, Owner may expand or enlarge Improvements
existing on the Property as of the Effective Date of this Easement and may
install, build or construct, expand, enlarge, maintain, repair, replace or
decommission Improvements not existing as of the Effective Date of this
Easement if Owner provides Grantee advance written notice of the proposed
Improvements and consent is given by Grantee for such Improvements as
provided for in Section 7.
5.6.3. Reservation of Dwelling Unit(s). Within the Easterly Building Envelope, Granting
Owner reserves the right to the use of one (1) single-family dwelling unit on the
Property, as well as the right to construct accessory dwelling units related to one
(1) single-family dwelling unit to the extent permitted under applicable Jefferson
County development ordinances, subject to the impervious surface limitations
and restrictions on new Improvements provided for in Section 6.6.
5.6.4. To the extent permitted by applicable law, Granting Owner reserves the right to
install temporary worker housing within the Easterly Building Envelope in
accordance with an Approved Stewardship Plan.
5.7. Recreational or Educational Use. Owner may engage in, and allow others to
engage in, recreational or educational activities on the Property. Recreational uses
are limited to uses such as hiking, fishing, horseback riding, and other forms of
recreation that do not require site modification to accommodate motorized,
mechanical, or electronic accessories. All forms of developed recreation or
recreation that adversely impact the Agricultural Conservation Values or Habitat
Values are prohibited. All recreational and educational activities on the Property shall
be carried out in compliance with the Purpose and terms of this Easement, and in a
manner that maintains the primacy of, and remains subordinate to, the farmland
character and use of the Property.
5.8. Forestry Use: Owner may remove trees from the Property when required for safety,
fire protection, salvage purposes, pest control, disease control, restoration, domestic
use, or as necessary to benefit Agricultural Activities (the "Forestry Activities"). All
Forestry Activities on the Property shall be carried out in compliance with the
Purpose and terms of this Easement, and in accordance with an Approved
Stewardship Plan. Owner may not engage in or permit any Forestry Activities that
would preclude the opportunity for agricultural activity upon the Property. The
provisions of this Section 5.8 shall not apply to the commercial production of
Christmas trees not subject to the excise tax imposed by Chapter 84.33 RCW.
5.9. Emergencies: Owner may undertake any activities that are necessary to protect
health or safety or prevent significant property damage on the Property or are
required by and subject to compulsion of any governmental agency; provided,
however, that Owner shall first reasonably attempt to notify Grantee prior to taking
such action. If Grantee cannot provide consent, with or without conditions, within
such time as is reasonable under the circumstances, Owner may proceed with such
action without consent.
6. PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES
6.1. General. Any use of, or activity on, the Property inconsistent with the Purpose or
other terms of the Easement is prohibited, and Owner acknowledges and agrees
that it will not conduct, engage in, or permit any such use or activity. Without limiting
the generality of the foregoing, the following uses of, or activities on, the Property are
either (a) inconsistent with the Agricultural Conservation Values and/or Habitat
Values and Purpose of this Easement and prohibited herein or (b) limited as
provided herein to make such uses or activities consistent with the Agricultural
Conservation Values and Habitat Values and Purpose of this Easement.
6.2. No Conversion to Incompatible Uses. Owner may not convert the Property to
industrial or suburban/residential development or to any other use that is
incompatible with maintaining the opportunity for agricultural activity on the Property.
6.3. No Subdivision. Owner shall keep the property in common ownership. Owner may
not legally or in a "de facto" manner subdivide the Property, which shall include, but
not be limited to, any subdivision, short subdivision, platting, binding site plan,
testamentary division, or other process by which the Property is divided into lots.
6.4. Except as specifically provided for in the permitted uses and activities of Section 5
above, Owner may not place or construct any buildings, structures, or other
Improvements of any kind on the Property outside of a Building Envelope. -
6.5. Water Rights.
6.5.1.In furtherance of the Purpose of this Easement, Owner shall cooperate with
Grantee to help assure the maintenance of the Water Rights.
6.5.2. Except as expressly provided in this section, Owner may not transfer,
encumber, sell, lease, or otherwise separate the Water Rights from the Property.
6.5.3. Owner may not abandon, relinquish, or otherwise lose or forfeit, by action or
inaction, any of the Water Rights.
6.5.4. Owner shall take affirmative actions to avoid such abandonment,
relinquishment, loss, or forfeiture, including but not limited to the following: i)
exercising the Water Rights by putting them to beneficial use in accordance with
Chapter 90.14 RCW; ii) seeking to place or enroll the Water Rights in the
Washington State trust water rights program on a temporary basis, provided that
any acquisition of the Water Rights by the State shall be expressly conditioned
to limit its use to instream purposes and its duration to a term no longer than 10
years; or (iii) seeking to lease the Water Rights for use on land other than the
Property for a term no longer than 10 years, with prior written notice to and
consent of Grantee, after obtaining approval in accordance with RCW
90.03.380, 90.03.383, 90.03.390, or 90.44.100 for a temporary transfer or
change of the Water Rights; provided, however, that any such lease shall
require the lessee to make beneficial use of the Water Rights in accordance with
Chapter 90.14 RCW and for Agricultural Activities only (collectively "Water
Rights Maintenance Actions"). If Owner is unable to take the Water Rights
Maintenance Actions and the Water Rights are under threat of abandonment,
relinquishment, loss, or forfeiture, Owner shall convey ownership of said Water
Rights to Grantee for Grantee's use in order to maintain the opportunity for
agricultural activity on the Property or elsewhere within the same watershed in
Jefferson County.
6.5.5. Any relinquishment, loss, or forfeiture of the Water Rights may not be
deemed or construed to be a waiver of Grantee's rights under this Easement or
to defeat the Purpose of this Easement, and may not otherwise impair the
validity of this Easement or limit its enforceability in any way.
6.6. Limitations on Agricultural Use.
6.6.1. The establishment or maintenance of a commercial feedlot is
prohibited. For purposes of this Easement, a commercial feedlot is defined as
a permanently constructed confined area or facility within which the land is not
grazed or cropped annually, and that is used to receive livestock that are
confined solely for the purpose of growing or finishing. Confinement of animals
raised on the Property is expressly permitted and nothing in this Section shall
prevent Grantor from boarding or training horses owned by others or leasing
pasture for the grazing of livestock owned by others.
6.6.2. Owner may not engage in, or permit others to engage in, the
commercial production of cultivated marine or freshwater aquatic products on
the Property.
6.7. Limitations on Improvements. Owner may build or rebuild Improvements only in
a manner consistent with the following absolute limit on Impervious Surfaces (as
defined below) and other Improvement-related limitations:
6.7.1. Impervious Surfaces Limitation.
6.7.1.1. As used herein, "Impervious Surfaces" means hard surface areas that
either prevent or retard the entry of water into the soil mantle as under
natural conditions before development or that cause water to run off the
surface in greater quantities or at an increased rate of flow from the flow
present under natural conditions before development. Impervious Surfaces
include, but are not limited to, roofs, walkways, patios, driveways, parking
lots, storage areas, areas that are paved, graveled or made of packed or
oiled earthen materials, or other surfaces that similarly impede the natural
infiltration of surface and storm water. Impervious Surfaces do not include
an open uncovered flow control or storage area or water quality treatment
facility, provided that the construction and maintenance of such area or
facility is consistent with the Purpose and terms of this Easement.
6.7.1.2. The total area of the Property covered by Improvements of any kind
and Impervious Surfaces shall be limited to no more than three percent
(3%) of the area of the Property; provided, however, that minor unenclosed
agricultural improvements such as corrals, hayracks, headgates, fences,
ditches, culverts, stock tanks, seasonal agricultural structures (such as a
"hoop house": a floorless, framed structure with no foundation) or other
minor agricultural structures ("Minor Agricultural Improvements") may be
constructed or placed on the Property and not count against this total
impervious surface limit. The total area covered by gravel shall be subject
to this 3% limitation unless Owner obtains prior written consent from
Grantee as provided in Section 7 to increase the percentage of total
surfaces covered by gravel and other impervious surfaces above the 3%
limitation.
6.7.2. Limitations on New Improvements Outside a Building Envelope
6.7.2.1. Outside a Building Envelope, Owner may not expand or enlarge
Improvements existing on the Property as of the Effective Date, or install,
build, or construct Improvements not existing as of the Effective Date,
unless such Improvements are consented to in writing in advance by
Grantee as provided for in Section 7 and such Improvements are either (a)
Temporary in nature (present on the Property for less than one year); or(b)
Reasonably necessary for Agricultural Activities (excluding Accessory
Uses) in compliance with the total impervious surface limit of Section
6.7.1.2; provided, however, that Owner may expand or enlarge Minor
Agricultural Improvements without providing such notice or receiving such
consent.
6.7.2.2. Nonagricultural Accessory Uses shall not be located outside a Building
Envelope and shall not otherwise convert more than one acre of
agricultural land to nonagricultural uses.
6.8 Limitations on Improvements Related to Advertising. Commercial signs,
billboards, or other improvements installed, built or constructed for the purpose of
advertising nonagricultural activities or products are not allowed on the Property,
except in connection with the sale or lease of the Property or to state the
conditions of access to the Property. Signage consistent with the character of a
working farm, and for Agricultural Activities, is allowed on the Property.
6.9. Limitations on Mining: Owner may not conduct, engage in, or permit the
commercial mining or commercial extraction of soil, sand, gravel, oil, natural gas,
fuel, or any other mineral substance, using any surface mining method or any other
method that damages, impairs or endangers the Agricultural Conservation Values
or Habitat Values of the Property.
6.10. Limitations on Alteration of Land. Owner shall not alter the surface of the
land, including, without limitation, grading, excavating or removing soil, sand,
gravel, rock, stone, aggregate, peat, or sod, except as provided below.
6.10.1. Notwithstanding anything in this Section or Section 6.7 to the contrary,
soil, sand, gravel, rock, stone, aggregate, peat or sod may be extracted without
further consent from Grantee so long as such extraction is solely for use on the
Property, is in conjunction with permitted Agricultural Activities, is revegetated
promptly after extraction is complete, and is accomplished in a -manner that is
consistent with the Purpose and terms of this Easement.
6.11. No Significant Erosion or Pollution: Owner may not engage in any use or
activity that causes or is likely to cause significant soil degradation or erosion or
significant contamination or pollution of any soils or surface or subsurface waters
on the Property.
6.12. Limitations on Waste Disposal.
6.12.1. Owner may accumulate and store ashes, garbage, or other waste
("Trash") on the Property only if such accumulation occurs in the normal course
of domestic or Agricultural Activities on the Property. Long-term accumulation of
Trash (i.e., exceeding one calendar year in time) may occur within areas
designated by Owner with prior notice to and written consent of Grantee as long
as such waste is either destined for transfer off-site, or for incineration on-site,
or, in the case of biodegradable material, composted on-site.
6.12.2. Owner may not otherwise dispose of or Release (or permit the
disposal or release of) any Hazardous Substance on the Property. The term
"Release" shall mean any release, generation, treatment, disposal, dumping,
burying, or abandonment. The term "Hazardous Substance" shall mean any
substances, materials, or wastes that are hazardous, toxic, dangerous, or
harmful or are designated as, or contain components that are, or are designated
as, hazardous, toxic, dangerous, or harmful and/or which are subject to
regulation as hazardous, toxic, dangerous, or harmful or as a pollutant by any
federal, state, or local law, regulation, statute, or ordinance, including, but not
limited to, petroleum or any petroleum product. The term "Hazardous
Substances" shall not include biosolids, herbicides, pesticides, rodenticides,
insecticides, and fertilizers applied in accordance with federal, state, and local
law. Any storage of Hazardous Substances shall be in accordance with federal,
state, and local law.
6.13. No Compensatory Mitigation. The creation, enhancement, restoration or
preservation of wetlands, fish or wildlife habitat, or other natural resources for the
purpose of, directly or indirectly, compensating for or mitigating resource losses or
damages in any way associated with actual or potential impacts of development
except for impacts caused by Owner on the Property ("Compensatory Mitigation")
is prohibited on the Property. Compensatory Mitigation includes, but is not limited
to, mitigation banking, conservation banking, and any other sale or exchange of
mitigation credits based on the creation, restoration, enhancement and/or
preservation of such natural resources within the Property.
6.14. Compliance with Regulatory Requirements. Owner shall conduct all
reserved and permitted uses and activities under this Easement to meet all
requirements of federal, state and local statutes, rules, and regulations as they
may be amended from time to time.
6.15. Limitation on Transfers.
6.15.1. For purposes of this Section, "Transfer" includes but is not limited to
any sale, grant, lease, hypothecation, encumbrance, assignment, conveyance,
or any transaction the purpose of which is to effect a sale, grant, lease,
hypothecation, encumbrance, assignment, or conveyance.
6.15.2. Owner may not undertake or permit any Transfer of any rights in the
Property without prior notice to and consent of Grantee, and notice to Jefferson
County, as provided for in Section 7; provided, however, that such consent shall
not be withheld unless Grantee and Jefferson County determine that the
proposed Transfer would be inconsistent with the Purpose and terms of this
Easement.
6.15.3. The following shall require notice to but shall not require consent of
Grantee: i) Any mortgage, deed of trust, or similar document providing security
for an indebtedness of Owner, provided that such security interest shall be
subject and subordinate to this Easement; ii) leases for telecommunications
installations or alternative energy installations within the Building Envelopes, as
provided for in X; iii) temporary transfers or leases of the Water Rights pursuant
to Section 6.5.4; or iv) any gift, bargain, sale or devise of fee simple absolute
title to the Property.
6.15.4. Owner agrees to: (1) incorporate by express reference the terms of
this Easement in any deed or other legal instrument by which Owner divests
Owner of any interest in all or a portion of the Property; and (2) describe this
Easement in and append it to, any executory contract for the transfer of any
interest in the Property. Owner further agrees to give written notice to Grantee
and to Jefferson County Department of Environmental Health of the transfer of
any interest at least 30 days prior to the date of such transfer. Such notice to
Grantee shall include the name, address, and telephone number of the
prospective transferee or such transferee's representative. The failure of Owner
to perform any act required by this Section shall not impair the validity of this
Easement or limit its enforceability in any way.
6.15.5. Rights and Obligations Upon Transfer. Owner's rights and obligations
under this Easement terminate upon transfer of Owner's interest in the Property
or this Easement, as the case may be, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
7. NOTICE AND CONSENT
7.1. Notice.
7.1.1. Grantee. Certain provisions of this Easement require Grantee to give notice to
Owner prior to undertaking certain activities. Whenever such notice is required,
and no other timeline for notice is set forth elsewhere in this Easement, Grantee
shall provide such notice in writing not less than thirty (30) days prior to the date
Grantee intends to undertake the use or activity in question..
7.1.2. Owner. Certain provisions of this Easement require Owner to give notice to
Grantee prior to undertaking certain permitted uses and activities (e.g., SectiOns
, and ). The purpose of requiring Owner to notify Grantee prior
to undertaking these permitted uses and activities is to afford Grantee an
adequate opportunity to ensure that the use or activity in question is designed
and carried out in a manner consistent with the Purpose of this Easement.
Whenever such notice is required, and no other timeline for notice is set forth
elsewhere in this Easement, Owner shall provide such notice in writing not less
than ninety (90) days prior to the date Owner intends to undertake the use or
activity in question. The notice shall describe the nature, scope, design, location,
timetable, and any other material aspect of the proposed use or activity in
sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the terms of this Easement and the Purpose thereof. Upon
receipt of such notice, Grantee shall immediately forward a copy to RCO.
7.2. Consent
7.2.1. Consent by Beneficiaries Required. Wherever in this Easement Grantee's
consent is required, such consent is also required of RCO.
7.2.2. Consent Not Unreasonably Withheld. Wherever in this Easement a Party's
consent is required, such consent may be withheld only upon a reasonable
determination by the consenting party that the action as proposed would be
inconsistent with the Purpose or terms of this Easement and cannot be modified
to make the proposed action consistent with the Purpose and terms of this
Easement. Any consent may include reasonable conditions consistent with the
Purpose and terms of this Easement that must be satisfied in undertaking the
proposed action, use, or activity.
7.2.3. Timeline for Consent. Whenever in this Easement Owner's or Grantee's
consent is required, and no other timeline for consent is set forth elsewhere in
this Easement, the party whose consent is required shall grant or withhold its
consent in writing within the following time periods:
7.2.3.1. Owner. Where consent by Owner is required under this Easement,
Owner shall grant or withhold its consent within sixty (60) days of receipt of
a written request for consent.
7.2.3.2. Grantee. Where consent by Grantee is required under this Easement,
Grantee shall grant or withhold its consent within sixty (60) days of receipt
of a written request for consent.
7.2.4. Failure to Grant or Deny Consent Within the Required Time. When consent
is required under this Easement, and when such consent is not granted or
denied within the time period and manner set forth in this Section 7, the party
requesting consent may conclusively assume the other party's disapproval of
the proposed action, use, or activity in question. The Parties and RCO agree
that failure to grant or withhold consent within the required time on any proposed
action, use or activity shall not be deemed or construed to be a waiver of
Grantee's or RCO's rights under this Easement with respect to any future
proposed action, use or activity.
7.3. Optional consultation. If Owner is unsure whether a proposed use or activity is
prohibited by this Easement, Owner may consult Grantee by providing written
notice to Grantee describing the nature, scope, design, location, timetable, and any
other material aspect of the proposed use or activity in sufficient detail to permit
Grantee to make an informed judgment as to its consistency with the Purpose of
this Easement and to provide comments thereon to Owner. This Section 7.3 does
not itself impose a requirement of prior consent of the activity described in any
such notice.
7.4. Addresses for Notices. Any notice, demand, request, consent, concurrence,
approval, or communication that any party desires or is required to give to the other
shall be in writing either served personally or sent by registered mail or overnight
courier with proof of delivery, addressed as follows (or to such other address as
any party from time to time shall designate by written notices to each other party):
To Owner: Christine Llewellyn
P.O. Box 97
Quilcene, WA 98376
(206) 708-5621
e-mail: info@serendipityfarm.org
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
(360) 379-9501
e-mail: info@saveland.org
To RCO: Washington State Recreation and Conservation Office
1111 Washington St SE
PO Box 40917
Olympia, WA 98504-0917
(360) 902-3000
(360) 902-3026
To Jefferson County:
Jefferson County Department of Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
8. DISPUTE RESOLUTION
8.1. Preventive Discussions.
8.1.1. Owner and Grantee will promptly give the other notice of problems or
concerns arising in connection with the other's actions under this Easement or
the use of or activities or conditions on the Property, and will meet as needed,
but no later than fifteen (15) business days after receipt of a written request for
a meeting, to minimize the same.
8.1.2. Grantee shall invite each Beneficiary to this Easement to such preventive
discussion meetings provided for in this Section 8.
8.2. Mediation. If the Parties disagree as to the consistency of any proposed use or
activity with the Purpose or terms of this Easement and the Parties are unable to
resolve such disagreement through unassisted preventive discussions between
themselves, and if Owner agrees not to proceed with the use or activity pending
resolution of the dispute, Owner or Grantee may refer the dispute to mediation by
request made in writing upon the other and with notice to RCO (RCO shall have full
discretion to participate or not to participate in the mediation). Within ten (10)
business days of the receipt of such a request, the parties to the mediation
("Mediation Parties") shall select a single impartial mediator. Mediation shall then
proceed in accordance with the following guidelines:
8.2.1. Purpose. The purpose of the mediation is to: (a) promote discussion among
the Mediation Parties; (b) assist the Mediation Parties to develop and
exchange pertinent information concerning the issues in dispute; and (c)
assist the Mediation Parties to develop proposals which enable them to arrive
at a mutually acceptable resolution of the controversy. The mediation is not
intended to result in any express or de facto modification or amendment of the
terms, conditions or restrictions of this Easement.
8.2.2. Participation. The mediator may meet with the Mediation Parties and their
counsel jointly or ex parte. The Mediation Parties agree that they will
participate in the mediation process in good faith and expeditiously, attending
all sessions scheduled by the mediator. Representatives of all Mediation
Parties with settlement authority will attend mediation sessions as requested
by the mediator.
8.2.3. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of
the Mediation Parties or their respective counsel. The mediator shall not be
subject to subpoena by any party. No statements made or documents
prepared for mediation sessions shall be disclosed in any subsequent
proceeding or construed as an admission of a party. Records of mediation
communications shall be exempt from the requirements of Chapter 42.56
RCW (Washington State Public Records Act) to the extent provided for in
Chapter 7.07 RCW(Washington State Uniform Mediation Act).
8.2.4. Time Period. Neither party shall be obligated to continue the mediation
process beyond a period of sixty(60) days from the date of receipt of the initial
request or if the mediator concludes that there is no reasonable likelihood that
continuing mediation will result in a mutually agreeable resolution of the
dispute.
8.2.5. Costs. The costs of the mediator shall be borne equally by the Parties; the
Mediation Parties shall bear their own expenses, including attorney's fees,
individually.
8.3. Arbitration. The Parties may by mutual agreement submit disputed matters (other
than extinguishment of this Conservation Easement which shall occur only in
accordance with Section 11 below) to arbitration upon such rules of arbitration as
the Parties may agree.
9. GRANTEE'S REMEDIES
9.1. Notice of Non-Compliance. If Grantee determines that Owner is in violation of
the terms of this Easement or that a violation is likely to occur, Grantee shall give
written notice to Owner of such violation and demand corrective action sufficient to
cure the violation and, where the violation involves injury to the Property resulting
from any use or activity inconsistent with the Purpose or terms of this Easement, to
restore the portion of the Property so injured to its prior or potential condition in
accordance with a plan to which Grantee has given consent in writing.
9.2. Owner's Failure to Respond. Grantee may bring an action as provided in
Section 9.3 if Owner:
9.2.1. Fails to cure the violation within thirty (30) days after receipt of notice thereof
from Grantee;
9.2.2. Under circumstances where the violation cannot reasonably be cured within the
thirty (30) day period, fails to begin curing such violation within the thirty (30) day
period; or
9.2.3. Fails to continue diligently to cure such violation until finally cured.
9.3. Grantee's Action. Grantee may bring an action at law or in equity, or both, in a
court of competent jurisdiction to enforce the terms of this Easement, to enjoin the
violation, ex parte as necessary and as allowed under the applicable civil rules, by
temporary or permanent injunction, to recover any damages to which it may be
entitled for violation of the terms of this Easement or injury to any of the Agricultural
Conservation Values or Habitat Values protected by this Easement, including
damages for the loss of the Agricultural Conservation Values and/or Habitat
Values; and to require the restoration of the Property to the condition that existed
prior to any such injury. Without limiting Owner's liability therefor, Grantee, in its
sole and absolute discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the Property provided, however, that Grantee
shall obtain RCO's consent before applying any such damages. All such actions for
injunctive relief may be taken without Grantee being required to post bond or
provide other security.
9.4. Immediate Action Required. Notwithstanding any other provision of this
Easement, if Grantee, in its sole and absolute discretion, determines that
circumstances require immediate action to prevent or mitigate significant damage
to the Agricultural Conservation Values and/or Habitat Values, Grantee may
pursue its remedies under this Section 9 without prior notice to Owner, without
participation in dispute resolution as provided for in Section 8, or without waiting for
the period provided for cure to expire.
9.5. Nature of Remedy. Grantee's rights under this Section 9 apply equally in the
event of either actual or threatened violations of the terms of this Easement.
Granting Owner agrees that Grantee's remedies at law for any violation of the
terms of this Easement are inadequate, and that Grantee shall be entitled to the
injunctive relief described in this Section 9 both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Easement, without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies.
Grantee's remedies described in this Section 9 shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity. The
provisions of Section 9.6 shall not be interpreted to preclude Grantee from
obtaining injunctive relief.
9.6. Damages. Inasmuch as the actual damages to the Agricultural Conservation
Values and/or Habitat Values that could result from a breach of this Easement by
Grantor would be impractical or extremely difficult to measure, the Parties agree
that the money damages Grantee is entitled to recover from Owner shall be, at
Grantee's election, the higher of : (i) the amount of economic gain realized by
Owner from violating the terms of the Easement; or (ii) the cost of restoring any
Agricultural Conservation Values and/or Habitat Values that have been damaged
by such violation. In the event Grantee chooses the second of these two
measures, Owner agrees to allow Grantee, its agents or contractors, to enter upon
the Property and conduct restoration activities.
9.7. Costs of Enforcement. In the event Owner or Grantee finds it necessary to bring
an action at law or other proceeding against the other party to enforce or interpret
any of the terms, covenants, or conditions of this Easement, the prevailing party in
any such action or proceeding shall be paid all costs and reasonable attorneys'
and consultants' fees by the other party and all such costs and attorneys' and
consultants' fees shall be included in any judgment secured by such prevailing
party. This paragraph does not apply to the municipal corporation that is Jefferson
County.
9.8. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of the Grantee, and any forbearance by Grantee to exercise its rights
under this Easement in the event of any breach of any terms of this Easement by
Owner shall not be deemed or construed to be a waiver by Grantee of such term or
of any of Grantee's rights under this Easement. No delay or omission by Grantee
in the exercise of any right or remedy upon any breach by Owner shall impair such
right or remedy or be construed as a waiver. Jefferson County has no obligation to
participate in or assist with any enforcement of this Easement.
9.9. Waiver of Certain Defenses. Granting Owner acknowledges that it has carefully
reviewed this Easement and has consulted with and been advised by legal counsel
of its terms and requirements. In full knowledge of the provisions of this Easement,
Granting Owner hereby waives any claim or defense it may have against Grantee
or its successors in interest under or pertaining to this Easement based upon
abandonment, adverse possession or prescription relating to the Property or this
Easement. Except for the foregoing, Granting Owner specifically retains any and
all rights it has under the law as owner of the Property, including, without limitation,
the right to bring claims against Grantee for any breach by Grantee of the terms of
this Easement.
9.10. Acts Beyond Owner's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Owner to abate, correct, or
restore any condition on the Property or to recover damages for any injury to or
change in the Property resulting from actions by a trespasser upon the Property or
causes beyond Owner's control, including, without limitation, natural disaster, fire,
flood, storm, pest infestation, earth movement, and climate change, and from any
prudent action taken by Owner under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes. In the event
the terms of this Easement are violated by acts of trespassers, and Owner has not
undertaken suit itself, Owner agrees, at Grantee's option, to assign its right of
action to Grantee or to appoint Grantee its attorney in fact, for purposes of
pursuing enforcement action against the responsible parties.
9.11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as
possible and no later than thirty (30) days after receipt of such request, execute
and deliver to Owner any document, including an estoppel certificate, which
certifies, to the best of Grantee's knowledge, Owner's compliance or lack thereof
with any obligation of Owner contained in this Easement and otherwise evidences
the status of this Easement as requested by Owner. Such certification shall be
limited to the condition of the Property as of Grantee's most recent inspection. If
Owner requests more current documentation, Grantee shall conduct an inspection,
at Owner's expense, within forty-five (45) days of receipt of Owner's written request
and payment therefor. Any Beneficiary to this Easement shall not be estopped
from claiming or enforcing a violation of this Easement unless such Beneficiary has
also executed the Compliance Certificate.
10. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
10.1. Liabilities. Owner retains all responsibilities and shall bear all costs and liabilities
of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the maintenance of adequate liability insurance coverage. Such
insurance shall include Grantee's interest, name Grantee as an additional insured,
and provide for at least thirty (30) days' notice to Grantee before cancellation and
that the act or omission of one insured will not invalidate the policy as to the other
insured party. The Parties release and relieve the other, and waive their entire
right to recovery for loss or damage to the extent that the loss or damage is
covered by the injured party's insurance. This waiver applies whether or not the
loss is due to the negligent acts or omissions of Owner or Grantee. Owner remains
solely responsible for obtaining any applicable governmental permits and approval
for any construction or other activity or use permitted by this Easement, and all
such construction or other activity or use shall be undertaken in accordance with all
applicable federal, state, and local laws, regulations, and requirements. Owner
shall keep the Property free of any liens arising out of any work performed for,
material furnished to, or obligations incurred by Owner; provided that the Property
shall be deemed to be free of such liens if i) Owner or Grantee, as the case may
be, is diligently challenging the application of such liens to the Property; or ii) such
liens are subordinated to this Easement and do not require any action or inaction
inconsistent with the Purpose and terms of this Easement.
10.2. Taxes. Owner shall pay before delinquency all taxes, assessments, fees, charges
of whatever description levied on or assessed against the Property by competent
authority (collectively "taxes"), including any taxes imposed upon, or incurred as a
result of, this Easement, and shall furnish Grantee with satisfactory evidence of
payment upon request.
10.3. Liability. Each party to this Easement shall be responsible for its own acts and/or
omissions and those of its members, directors, officers, employees, agents, and
contractors. No party to this Easement shall be responsible for the acts and/or
omissions of entities or individuals not a party to this agreement.
10.4. Representations and Warranties. Granting Owner represents and warrants that,
after reasonable investigation and to the best of Granting Owner's knowledge:
10.4.1. Granting Owner and the Property are in compliance with all federal,
state, and local laws, regulations, and requirements applicable to the
Property and its use;
10.4.2. There has been no release, dumping, burying, abandonment or
migration from off-site on the Property of any substances, materials, or
wastes that are or are designated as, hazardous, toxic, dangerous, or
harmful or contain components that are, or are designated as, hazardous,
toxic, dangerous, or harmful and/or that are subject to regulation as
hazardous, toxic, dangerous, or harmful by any federal, state or local law,
regulation, statute, or ordinance;
10.4.3. Neither Granting Owner nor Granting Owner's predecessors in interest
have disposed of any hazardous substances off-site, nor have they disposed
of substances at sites designated or proposed to be designated as federal
Superfund (42 U.S.C. § 9601 et seq.) or state Model Toxics Control Act
(RCW 70.105D.010 et seq.) ("MTCA") sites; and
10.4.4. There is no pending or threatened litigation affecting the Property or
any portion of the Property that will materially impair the Agricultural
Conservation Values or Habitat Values of any portion of the Property. No civil
or criminal proceedings have been instigated or are pending against Granting
Owner or its predecessors by government agencies or third parties arising
out of alleged violations of environmental laws, and neither Granting Owner
nor its predecessors in interest have received any notices of violation,
penalties, claims, demand letters, or other notifications relating to a breach of
environmental laws.
10.5. Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or
about the Property of a Hazardous Substance, Owner agrees to take or compel
responsible third parties to take all steps required under applicable law and
necessary to assure its containment and remediation, including any cleanup that
may be required (except that the use of institutional controls shall not be allowed
without Grantee's consent), unless the Release was caused by Grantee, in which
case Grantee shall be responsible for such remediation to the extent the Release
was caused by Grantee. At its discretion, Grantee may assist Owner in compelling
third parties to contain and remediate any such Release.
10.6. Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability in Grantee [or any Beneficiary to
this Easement] to exercise physical or managerial control over the day-to-day
operations of the Property, or any of Owner's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended ("CERCLA").
11. SUBSEQUENT TRANSFER OR EXTINGUISHMENT
11.1. Extinguishment.
11.1.1. If circumstances arise in the future that render the Purpose of this
Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction.
11.1.2. The amount of the proceeds to which Grantee and any Beneficiary to
this Easement shall be entitled, after the satisfaction of prior claims, from any
sale, exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined,
unless otherwise provided by Washington law at the time, in accordance with
Section 11.3. Grantee shall use all such proceeds for the acquisition of
property interests that are substantially equivalent to those conveyed by this
Easement. Grantee shall consult with and receive the approval of RCO in the
selection of any replacement property interests. Upon acquisition of such
replacement property interests, Grantee shall convey to RCO the same or
substantially equivalent rights as provided for in this Easement;
11.1.3.In granting this Easement, Granting Owner has considered the fact that any
use of the Property that is prohibited by this Easement, or any other use as
determined to be inconsistent with the Purpose of this Easement, may become
economically more valuable than permitted uses. It is the intent of both
Granting Owner and Grantee that such circumstances shall not justify the
termination or extinguishment of this Easement. Owner's inability to carry on
any or all of the permitted uses, or the unprofitability of doing so, shall not
impair the validity of this Easement or be considered grounds for its termination
or extinguishment.
11.2. Condemnation. If the Easement is taken, in the whole or in the part, by the
exercise of the power of eminent domain, Grantee, RCO, and Jefferson County;
shall be entitled to compensation in accordance with Section 11.3, for the value of
the Easement taken; and Owner shall be entitled to compensation in accordance
with applicable law for the value of the underlying fee title and improvements taken.
In the event that Section 11.3. violates applicable law, then the proceeds to Owner,
Grantee, RCO, and Jefferson County shall be divided in accordance with
applicable law. In the event that Grantee is the recipient of the proceeds from any
condemnation, then Grantee shall disburse to RCO and the United States, and to
Jefferson County, their respective shares of the proceeds pursuant to Section 11.4
as soon as is practicable.
11.3. Valuation
11.3.1. This Easement constitutes a real property interest immediately vested
in Grantee. For purposes of this Section, the Parties stipulate that this
Easement has a fair market value determined by multiplying (a) the then fair
market value of the Property unencumbered by the Easement at the time of
termination or extinguishment, as determined by an appraisal that meets RCO
requirements for appraisals, by (b) the ratio of the value of the Easement at
the time of this grant to the value of the Property, unencumbered by the
Easement, at the time of this grant.
11.4. Distribution of Proceeds. In the event of extinguishment of this Easement
pursuant to Section 11.1, condemnation of this Easement pursuant to Section 11.2,
or damages received by Owner in an amount equal to the fair market value of this
Easement pursuant to Section 9.4, any proceeds attributable to the value of the
Easement shall be distributed as follows:[e.g., Project Funding ratio specified in
Project Agreement] RCO is entitled to %, is entitled to %, and
Jefferson County reserves its right to receive a share (XX%) of proceeds, as
specified in the Grant Agreement.
11.5. Subsequent Transfers. Owner agrees to: (1) incorporate by express reference
the terms of this Easement in any deed or other legal instrument by which it divests
itself of any interest in all or a portion of the Property; and (2) describe this
Easement in and append it to, any executory contract for the transfer of any
interest in the Property. Owner further agrees to give written notice to Grantee of
the transfer of any interest at least thirty (30) days prior to the date of such transfer.
Such notice to Grantee shall include the name, address, and telephone number of
the prospective transferee or such transferee's representative. The failure of
Owner to perform any act required by this Section 11 shall not impair the validity of
this Easement or limit its enforceability in any way.
12.AMENDMENT
12.1. Background. Granting Owner and Grantee have determined, in good faith, to
articulate herein the limitations of any permissible modifications to this Easement.
Owner and Grantee recognize that natural conditions, landscapes, uses, and
technologies change over time. Grantee and Owner recognize that unforeseen or
changed future circumstances may arise which makes it beneficial or necessary to
take certain action in order to ensure the continued protection of the Conservation
Values of the Property and to guaranty the perpetual nature of this Easement.
Additionally, proposed activities may require the exercise of discretion by Grantee,
as further described below. This Section 12 therefore ensures that Grantee
protects the Conservation Values of the Property in perpetuity.
12.2. Purpose. To this end, if approved by Grantee in its sole discretion, Owner and
Grantee have the right to modify this Easement. Grantee may exercise its
discretion in accordance with the provisions and limitations of this Section. Grantee
has no obligation to agree to any modification of this Easement. No modification
may adversely affect the perpetual duration of this Easement or the perpetual
protection of its Conservation Values.
12.3. Amendment Requirements. Grantee shall not consent to any amendment of
this Easement unless Owner submits a written request for amendment pursuant to
Grantee's existing amendment policy and such amendment otherwise qualifies
under Grantee's policy then in effect respecting conservation easement
amendments. The effect of such amendment shall be at least neutral with respect
to or enhances the Conservation Values, shall be consistent with the Conservation
Values of this Easement, shall comply with I.R.C. Section 170(h) and any
regulations promulgated pursuant to such section, and all applicable federal, state,
and local laws, shall be consistent with alterations to the land, then the Baseline
Documentation shall be supplemented appropriately to reflect the modification
scope, scale, and intensity. The supplement shall be acknowledged in writing by
Owner and Grantee as memorializing the condition of the Property as of the date
of the amendment or discretionary approval.
12.4. Recording. Owner and the Grantee shall execute any amendment approved after
following the procedures in this section, subject to review, as necessary, and shall
be recorded in the official records of Jefferson County, Washington, and any other
jurisdiction in which recording may be required.
12.5. Form. Any modification that Grantee determines in its sole discretion to be
beneficial or necessary, shall be in the form of either (i) an amendment, in the case
of a permanent modification of this Easement, including but not by way of
limitation, aclerical or technical correction or modification of a reserved right; or (ii)
a discretionary approval, waiver, or consent in the case of a temporary activity or
impact relating to the maintenance or management of the Property which does not
require a permanent modification of the Easement. All amendments and
discretionary actions shall be subject to this Section. Nothing in this Section,
however, shall require Owner or Grantee to consult or negotiate regarding, or to
agree to any amendment or discretionary approval, consent, or waiver.
13. ASSIGNMENT
13.1. Assignment. Grantee's Interest. Grantee's interest in this Easement is
transferable with prior written notice to and consent of RCO, but Grantee may
assign its rights and obligations under this Easement only to an organization that is
a qualified holder at the time of transfer under RCW 64.04.130, as amended, and a
qualified recipient of grant funds from the farm and forest account under RCW
79A.15.130. Grantee shall not assign this Easement without notice in writing to,
and consent of RCO, and Jefferson County, which consent shall not be
unreasonably withheld. As conditions of such transfer, Grantee shall require that
assignee (a) continue to carry out the Purpose of this Easement and (b) comply
with the terms of the RCO Grant Agreement, as described in Section 14. Grantee
shall notify Owner in writing, at Owner's last known address, in advance of such
assignment. The assignment shall not be valid without such notice; provided,
however, that the failure of Grantee to give such notice shall not impair the validity
of this Easement or limit its enforceability in any way.
13.2. Rights and Obligations Upon Transfer. A party's rights and obligations under
this Easement terminate upon transfer of the party's interest in the Property or this
Easement, as the case may be, except that liability for acts or omissions occurring
prior to transfer shall survive transfer.
14. SUCCESSION. If at any time it becomes impossible for Grantee to ensure compliance
with the covenants contained herein then Grantee's rights and duties hereunder shall
become vested and fall upon:(a) The Trust for Public Land; or (b) Such other entity, with
purposes similar to Grantee's, authorized to acquire and hold conservation easements
under RCW 64.04.130 and RCW 84.34.250 (or any successor provisions then
applicable), and a qualified organization under Section 170(h) of the Internal Revenue
Code of 1986, as amended (or any successor provisions then applicable); provided that if
such vesting in any of the entities named above is deemed to be void under the Rule
Against Perpetuities, the rights and obligations under this Easement shall vest in such
organization as a court having jurisdiction shall direct, pursuant to applicable Washington
law and the Internal Revenue Code and with due regard to the Purpose of this Easement.
15. RCO THIRD PARTY RIGHT OF ENFORCEMENT
15.1. RCO is hereby granted third party right of enforcement of this Easement. As such,
RCO may exercise all of the rights and remedies provided to Grantee herein, and
is entitled to all of the indemnifications provided to Grantee in this Easement. RCO
and Grantee each have independent authority to enforce the terms of this
Easement; provided, however, that RCO expects that Grantee shall have primary
responsibility for monitoring and enforcement of the Easement. In the event that
RCO and Grantee do not agree as to whether Owner is complying with the terms
of the easement, RCO or Grantee may proceed with enforcement actions without
the consent of the other. If RCO elects to enforce the terms of this Easement, it
shall first follow the dispute resolution process and remedies described in Sections
8 and 9 above; provided, however, that RCO shall not be obligated to repeat any
non-judicial dispute resolution steps already taken by Grantee.
15.2. This third party right of enforcement does not extend to any other third party and
will automatically transfer to another State agency charged with maintaining,
preserving and/or restoring agricultural lands in the event RCO is dissolved or
reorganized.
15.3. In the event that the Easement is transferred or assigned without the consent of
RCO, which consent shall not be unreasonably withheld, RCO may require that
Grantee pay to RCO, at RCO's election, the higher of(i) an amount equal to the
fair market value of this Easement, which shall be determined as provided in
Section 11.3 and distributed as provided in Section 11.4; or(ii) an amount equal to
the Total Project Cost as specified in the RCO Grant Agreement with interest due
and payable from the date of breach at the rate provided for in RCW 43.17.240, as
may be amended from time to time.
15.4. In the event that the Property is used by Owner in a manner that is not consistent
with the Purpose of this Easement or the terms of the RCO Grant Agreement, RCO
shall have the right, in addition to any other remedies described in this Easement,
to require that Owner pay to RCO, at RCO's election, the higher of(i) an amount
equal to the fair market value of this Easement, which shall be determined as
provided in Section 11.3 and distributed as provided in Section 11.4; or(ii) an
amount equal to the Total Project Cost as specified in the RCO Grant Agreement
with interest due and payable from the date of breach at the rate provided for in
RCW 43.17.240, as may be amended from time to time. Any costs, fees or
damages paid by Owner for enforcement of this Easement or restoration of the
Conservation Values pursuant to Section 9 shall be deducted from this amount.
RCO agrees that it will follow the dispute resolution process and remedies
described in Sections 8 and 9 before exercising this right, unless legally compelled
to do otherwise. Any amounts due and owing RCO under this paragraph shall be
due and owing within 120 days of receiving a written demand for repayment by
RCO. Upon Owner's repayment of such amount to RCO, Grantee and RCO agree
to prepare and record, a deed amendment to release Owner from any further
obligations to RCO or Grantee under this Easement.
16. JOINT ENFORCEMENT
16.1. Before Grantee or any Beneficiary to this Easement exercises its rights to
undertake mediation, arbitration or legal action as provided for in Sections 8 and 9,
the party contemplating such action agrees to confer with the other parties holding
enforcement rights under this Easement as to whether they will join the mediation,
arbitration or legal action and share costs and expenses related to such action;
provided, however, that this agreement to confer shall not be construed as a
limitation on the ability of Grantee or any Beneficiary to this Easement to exercise
its enforcement and other rights under this Easement. If Grantee and/or any
Beneficiary to this Easement decide to join in the action and share costs and
expenses related to the action, the parties joining in the action and sharing costs
and expenses related to the action shall apply any recovery to reimburse such
parties for their costs and expenses; provided, however, that any amount received
based on loss of value to the easement, or resulting from condemnation and/or
extinguishment of the Easement, shall be distributed to RCO only after reimbursing
such parties for their costs and expenses.
16.2. If Grantee or any Beneficiary to this Easement chooses not to undertake
mediation, arbitration or legal action as provided for in Sections 8 and 9, and/or
share costs and expenses related to such action, such party shall not be entitled to
any recovery for enforcement costs; provided, however, that any amount received
based on loss of value to the easement, or resulting from condemnation and/or
extinguishment of the Easement, shall be distributed in accordance with Section
11.4 only after first reimbursing any party for its costs and expenses that are not
otherwise separately paid as part of any arbitration award or judgment.
17. RECORDATION
Grantee shall record this instrument in a timely fashion in the official records of
Jefferson County, Washington, and in any other appropriate jurisdictions, and may re-
record it at any time as may be required to preserve its rights in this Easement.
18. NO MERGER
In the event that Grantee acquires all or a portion of the fee title to the Property, it is
the intent of the Parties that no merger of title shall take place that would merge the
restrictions of this Easement with fee title to the Property and thereby eliminate them,
and that the restrictions on the use of the Property, as embodied in the Easement,
shall, in the event that all or a portion of title become vested in Grantee, become and
remain permanent and perpetual restrictions on the use of the Property. Grantee
covenants to do what is required to prevent merger of title, including, if necessary,
assignment of the Easement to an appropriate third party pursuant to Section 13.1.
19. GENERAL PROVISIONS
19.1. Effective Date. The Effective Date of this Easement shall be the date on which
Granting Owner executed this Easement.
19.2. Governing Law and Venue. The laws of the State of Washington and applicable
federal law shall govern the interpretation and performance of this Easement. By
executing this Easement, Owner acknowledges the jurisdiction of the courts of the
State of Washington in this matter. In the event of a lawsuit involving this
Easement, venue shall be proper only in Thurston County or in the County where
the Property is located.
19.3. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to
effect the Purpose of this Easement. If any provision in this instrument is found to
be ambiguous, an interpretation consistent with the Purpose of this Easement that
would render the provision valid shall be favored over any interpretation that would
render it invalid.
19.4. Severability.
19.4.1. Except as provided in Section 20.4.2 below, if any provision of this Easement,
or the application thereof to any person or circumstance, is found to be invalid or
unenforceable by any court of competent jurisdiction or is superseded by state
or federal legislation, rules, regulations or decision, the remainder of the
provisions of this Easement, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid or
unenforceable, as the case may be, shall not be affected thereby.
19.4.2. If any material provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid or unenforceable by any court of
competent jurisdiction or is superseded by state or federal legislation, rules,
regulations or decision, so that the intent of these provisions is frustrated, the
parties agree to immediately negotiate a replacement provision to fulfill the intent
of the superseded provisions consistent with the Purpose of this Easement and
applicable law.
19.5. Entire Agreement. This instrument sets forth the entire agreement of the Parties
with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged
herein. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment that complies with Section 12.
19.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Owner's title in any respect.
19.7. "Granting Owner" — "Owner" - "Grantee". The terms "Granting Owner,"
"Owner," "Grantee," and "Co-Grantee," wherever used in this instrument, and any
pronouns used in the place thereof, shall be held to mean and include, respectively
the above-named Granting Owner and Granting Owner's successors and assigns,
the above-named Grantee and its successors and assigns. The term "Owner" shall
also include any party taking ownership of the Property, or any portion thereof,
subsequent to the foreclosure of any mortgage or deed of trust.
19.8. Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties and their respective
successors and assigns, and to any party taking ownership of the Property, or any
portion thereof, subsequent to the foreclosure of any mortgage or deed of trust,
and shall continue as a servitude running in perpetuity with the Property.
19.9. Captions. The captions in this instrument have been inserted solely for
convenience and ease of reference and are not a part of this instrument and shall
have no effect upon construction or interpretation.
19.10.Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both Parties; each
counterpart shall be deemed an original instrument as against any party who has
signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
19.11.Authority. The individuals signing below, if signing on behalf of any entity,
represent and warrant that they have the requisite authority to bind the entity on
whose behalf they are signing.
19.12.Recitals. The Parties agree that the terms and recitals set forth in Section 1
(among other terms of this Easement) are material to this Easement, and that each
Party has relied on the material nature of such terms and recitals in entering into
this Easement. Each term and recital set forth in Section 1 is fully incorporated into
this Easement.
20. SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property Subject to Easement.
Exhibit B. Site Map.
Exhibit C. Water Rights.
Exhibit D. Permitted Exceptions.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, the undersigned Granting Owner has executed this
instrument this day of , 2021.
Christine Llewellyn, Granting Owner
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that Christine Llewellyn is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument and acknowledged it to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGES
FOLLOW
Jefferson Land Trust does hereby accept the above Grant Deed of Agricultural
Conservation Easement.
Dated:
By
Sarah Spaeth
Director of Conservation and Strategic
Partnerships
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that Sarah Spaeth is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Director of Conservation and Strategic Partnerships of Jefferson Land Trust to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGES
FOLLOW
THE STATE OF WASHINGTON, BY AND THROUGH THE WASHINGTON STATE
RECREATION AND CONSERVATION OFFFICE, Third Party Beneficiary, does hereby
accept the above Grant Deed of Agricultural Conservation Easement.
Dated:
By
Its
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the
of to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
1 EXHIBIT A
2
3 Legal Description
4
5
A-1 20/03/31
1 EXHIBIT B
2
3 Site Map(s)
4
B-1
1 EXHIBIT C
2
3 Water Rights
C-1 20/03/31
1 EXHIBIT D
2
3 Permitted Exceptions
4
1
Exhibit C
2020 Conservation Futures Serendipity Project Application
Serendipity Farm 10
ww45ON °(ti 2017 Jefferson County Conservation Futures Program
'` Property Acquisition and/or
�9Sho 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 tpokomy@co.jefferson.wa.us with questions.
Background and Eligibility Information
1.Project Title: Serendipity Farm
2. Conservation Futures Acquisition Request: $106,600
Conservation Futures O&M Request: None at this time
3. Total Conservation Futures Request: $106,600
4. Please indicate the type of interest contemplated in the acquisition process.
Warranty Deed X Easement _Other(Please describe below.)
In whose name will the property title be held after acquisition?
Christine Llewellyn, Francesco Bertucci and Arianne Bertucci (formerly Arianne Llewellyn)
owners of 702144020, and with a conservation easement held by 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 Fax: (360) 379-9897
Email: sspaethOsaveland.orq
6. Sponsor Information: (if different than applicant)
Organization Name:
Contact:
Title:
Address:
Phone: ( ) - ,ext. Fax: ( ) - ,ext.
Email:
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.)on
March 21, 2017.
Serendipity Farm CFF 2017 1
7. Site Location
Street Address or Description of Location:
141 Cemetery Road, Quilcene, WA 98376
Driving Directions from Port Townsend:
Head South on Highway 101 from the head of Discovery Bay for about 11.4 miles. Turn right
onto Cemetery Road. Serendipity Farm is up on the left about 0.1 mile past Old State
Highway.
Section: 14 Township: 27 North Range: 2 West
Assessor's Parcel Number(s): 702144001, 702144020, 702144021, 702133027.
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 to be protected with a conservation
easement held by Jefferson Land Trust.
Please list the assessed values for each property or APN,as applicable.
702144001 - $132,136.00
702144020 - $206,735.00
702144021 - $ 34,642.00
702133027 - $ 41,000.00
8.EXISTING CONDITIONS
New Site: No—Adjacent to Midori Farm Number of Parcels: 4
Addition to Existing Site: Yes No Acres to Be Acquired: —45
Total Project Acreage(if different): Current Zoning: RR 1/5 and AL 1 :20
Existing Structures/Facilities: Serendipity Farm has a barn and several outbuildings, drip
irrigation systems, covered equestrian arena, composter, workshop, and 5 hoop-houses.
The Farm also has a historic farmhouse and a second residence occupied by family
members. A new vehicle and livestock crossing bridge has been built over the Cemetery
Drainage ditch
Any current covenants,easements or restrictions on land use: None that we are aware of.
Current Use: Agriculture, Riparian habitat, Equestrian Boarding
Waterfront(name of body of water):
Shoreline(linear feet): Approximately 3000ft of Cemetery Drain
Owner Tidelands/Shorelands: NA
9. Current Property Owner X is_is not a willing seller.
Serendipity Farm CFF 2017 2
Project Description
10. In 1,000 words or less,provide a summary description of the project,the match,overarching goal,and
three top objectives.Include information about the physical characteristics of the site that is proposed for
acquisition with Conservation Futures Program funds including: vegetation,topography,surrounding land
use,and relationship to parks,trails,and open space.Describe the use planned for the site,any
development plans after acquisition(including passive development),characteristics of the site which
demonstrate that it is well-suited to the proposed use,and plans for any structures currently on the site.If
applicable,describe how the site 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 seeks funding for purchase of a conservation easement on Serendipity
Farm, located approximately 1/4 mile north of downtown Quilcene, off of Scenic Highway 101
on Cemetery Road. Serendipity Farm is comprised of approximately 45 acres that fringe on the
foothills of the Olympic Mountains. The relatively level property consists of approximately 30
acres of usable pastureland of prime soils, 8 acres in organic cultivation of vegetables, berries,
fruit trees and flowers, and more than five acres in dedicated riparian area as well as two
residential areas. Serendipity Farm provides fresh organic produce and flowers to the Port
Townsend Saturday Farmers' Market, and they deliver to CSA customers in Poulsbo and
Bainbridge Island. The farm also provides sustainable full-service boarding and care for horses
including arenas, stable, pastures, riding lessons, and trail riding including nearby access to
miles of trail riding into the Olympic National Forest and foothills. Surrounding land use
includes additional agricultural operations, residential uses and nearby commercial timberland.
Cemetery Drain runs through the property from north to south, and enters Little Quilcene River
to the southeast. Little Quilcene River has been the focus of restoration and preservation
efforts on the part of several organizations. Farm owners Chris Llewellyn, daughter and son-in-
law Arianne and Francesco Bertucci are interested in permanently protecting the farm from
further development, reinvesting in the farm infrastructure and potentially purchasing additional
adjacent lands that once were part of this historic farm.
Parcels 702144001 and 702144020 (31.25 acres) are zoned AL 1:20, and parcels 702144021
and 702133027 (13.92 acres) are zoned RR 1 :5. Easement funding will protect the important
agricultural soils and habitat values by reducing the development potential from four home-
sites to two, on Serendipity farm.
Serendipity Farm is south of and adjacent to Midori Farm. Midori Farm is bordered on its north
by Little Quilcene Farm, and Wildwood Farm is another neighbor. Together this "Quilcene
Farm Center" comprises approximately 100 acres of prime agricultural land and the largest
hub of commercial agricultural activity in the area. Midori Farm received Conservation Futures
Funding in 2015 and is in the process of preserving their farm through the sale of a
conservation easement to the Land Trust. Little Quilcene Farm may be interested in the sale of
Serendipity Farm CFF 2017 3
a conservation easement on their land in the future. This year we are focusing our efforts on
Serendipity Farm.
Jefferson Land Trust seeks grant support for Serendipity Farm in the amount of $106,600 from
the Conservation Futures Fund Program. This amount is 50% of the estimated project cost for
the easement value and land acquisition related costs. Jefferson Land Trust applied to the
State Farmland Preservation Program in 2016 and the project application ranked # 8 for
funding. The funding announcement will be made in June of 2017 after the state legislative
budget process. The relatively high ranking gives us confidence that the project will be funded
at the state level and this funding will provide the necessary match for the Conservation
Futures Fund grant.
The overarching goal of this project is to preserve the Serendipity Farm agricultural and habitat
values for future generations. Purchase of the conservation easement will reduce the
development potential from four possible total home-sites to two home-sites and one
agricultural building site, and provide the farmer(s) much needed income to reinvest in, and
continue to build the viability of their farm.
The three top objectives for this project are:
1) Acquire high priority conservation easement from the willing seller
2) Utilize State Farmland Preservation Program grant funding as match
3) Preserve the Serendipity Farm as the second phase of the Quilcene Farm Center protection
effort.
Milestones:
1) Funding from State Farmland Preservation Program Funding and Conservation Futures
Fund in summer of 2017
2) Negotiate terms of conservation easement
3)Appraisal to determine CE value
4) Purchase conservation easement in spring/summer of 2018
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: $175,000
Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $38,200
Total Operation and Maintenance Cost: No Conservation futures O&M requested at this time.
Total Project Cost: $213,200.
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):
Serendipity Farm CFF 2017 4
The basis for cost estimate is based on the value of nearby conservation easement purchases
made within the last several years. This was the estimated project cost total submitted to the
State Farmland Preservation program in 2016. A full appraisal to grant agency requirements
will be conducted before acquisition is finalized. Anticipated acquisition related costs include;
appraisal and appraisal review, survey, baseline documentation and stewardship plan, title
insurance and closing costs, excise tax and recording fees, legal costs, project management
and administration. Jefferson Land Trust may seek 0 &M funding at a later date.
Serendipity Project related costs Timeline Est. Cost
Conservation easement Winter 2017/18 $175,000
Land acquisition related costs: appraisal and review,Winter 2017/18 $28,100
title, baseline, survey, Phase I, closing taxes, etc
Project Management, Admin and legal fees Winter 2017/18 $10,100
Total $213,200
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.
1 c.Matching Fund Estimate Acquisition O&M %
Conservation Futures Funds Requested $106,600 50%
Matching Funds/Resources* $106,600 50%
Total Project Acquisition Cost $213,200 100%
*If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 d.Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
State Farmland Preservation $106,600 Yes No June 2017 Yes No Sept 2017
$ Yes No Yes No
$ Yes No Yes No
$ Yes No Yes No
Serendipity Farm CFF 2017 5
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 including at least
annual monitoring of the property by professional staff and trained volunteers, extensive data
collection and management, help with stewardship, enhancement and restoration goals and
legal defense of the conservation easements should it become necessary. Jefferson Land
Trust has a legal defense fund of nearly $575,000, and continues to build this fund with each
new easement acquisition, recognizing the legal obligation and responsibility of protecting
conservation values in perpetuity. In addition, Jefferson Land Trust carries legal defense
insurance for conservation easements through a program called Terrafirma, developed
through the national Land Trust Alliance (the national umbrella organization for land trusts).
This program covers up to $500,000 in legal enforcement costs per conservation easement
that Jefferson Land Trust holds and stewards.
3 a.Describe the sponsoring agency's previous or on-going stewardship experience.
Jefferson Land Trust, formed in 1989 and accredited in 2009, will hold the conservation
easement on Serendipity Farm. The Land Trust has been stewarding conservation easements
since 1991 and currently holds and monitors 57 conservation easements in Jefferson County,
in addition to conducting monitoring and stewardship activities on the 517 acres it owns in fee.
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 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:
Serendipity Farm CFF 2017 6
Jefferson Land Trust has sponsored numerous applications that have received Conservation
Futures funds. 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.
4 a.Property X can_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.
Jefferson Land Trust will negotiate the specific terms of the easement and will engage an
appraiser to determine the value of the conservation easement prior to making an offer to the
Serendipity farmers.
5. The proposed acquisition_is 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.
X 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 Little Quilcene River valley where Serendipity Farm is located has been identified as
having local and regional agricultural and habitat significance in the Jefferson Land Trust
Conservation Plan. The plan is located on the Land Trust's website, www.saveland.org.
The Puget Sound Action Agenda states that protection of intact ecosystem processes,
structures and functions, including the protection and conservation of freshwater resources to
increase and sustain water availability for instream flow and human uses is important. It also
specifically supports long term protection and stewardship of working farms, particularly in East
Jefferson County in the Hood Canal Action Area (A3).
http://www.psp.wa.gov/downloads/AA201 1/1 2091 1/AA-draft-120911-a8.pdf
http://www.psp.wa.gov/downloads/AA2011/120911/AA-draft-120911-al-a4.pdf
The Nature Conservancy's 2015 analysis of Pacific NW terrestrial landscapes that offer
significant resilience to climate change identifies this area as having above average resilience.
Serendipity Farm CFF 2017 7
6.Conservation Opportunity or Threat:
a.The proposed acquisition site X does _does not provide a conservation or preservation opportunity
which would otherwise be lost or threatened.
b. If applicable,please carefully describe the nature and immediacy of the opportunity or threat,and any
unique qualities about the site.
The Quilcene area is undergoing resurgence and is becoming even more desirable for second
homes and residences. As a case in point, an adjacent property to the farm was slated for
subdivision and residential development. Thankfully, a buyer supportive of the agricultural
potential of the property purchased it and is leasing the property to nearby Midori farmers.
Serendipity, Midori and Little Quil Farms are current priorities for protection on the part of the
Land Trust and partner agencies and organizations. The Land Trust has recognized the
conservation values of this farmland area for years and tried to work with the previous owners
of the Midori and Little Quilcene Farm properties. We are fortunate now to have willing
landowners, and have been negotiating with all three current landowners for over 2 years to
secure the protection of these contiguous operating farms. The prime soils, size, sub-irrigation,
warmer summer micro-climate, presence of infrastructure, scenic qualities, and riparian habitat
values contribute to its conservation values. Serendipity Farm landowners are very eager to
have funding to re-invest in the farm infrastructure and to make the farm more affordable for
the next generation of family members.
7.The proposed acquisition:
X provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened,
Endangered or Sensitive species.
X provides habitat for a variety of native flora or fauna species.
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.'
Salmon species utilize the restored stream and drainage ditches on the farm, including coho
and cutthroat trout. WDFW Priority Habitat and Species information identifies this as Priority
Freshwater Emergent Aquatic Habitat and indicates that spotted owl are in the area.
(http://wdfw.wa.aov/conservation/phs/maps data/) Other species seen include many native
birds, hawks, eagles, trumpeter swans, small mammals, as well as coyote, deer, cougar,
bobcat, bear, and elk.
7 d.Does the current owner participate in conservation programs that enhance wildlife habitat?If so,
please provide details.
1 See,for example, http://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amp nh.aspx
http://www.wdfw.wa.gov/conservation/phs/list/
http://www 1.dnr.wa.gov/nhp/refdesk/plants.html
http://www 1.dnr.wa.gov/nhp/refdesk/pubs/wa ecological systems.pdf
Serendipity Farm CFF 2017 8
Serendipity Farm has been working with the Jefferson County Conservation District on
restoration of a wetland portion of the farm that resolves drainage issues, enhances salmon
habitat and the downstream water quality of Quilcene Bay, and increases available
pastureland. A seasonal stream that runs through a pasture area was re-meandered and re-
directed to connect to the Cemetery Drain channel. To reduce the likelihood of contamination
with fecal coliform from manure, or by vehicular pollutants, a vehicle and livestock crossing
bridge and three culvert crossings were installed, and riparian areas were fenced to prevent
livestock and vehicle access to the stream. A CREP forested hedgerow of over 4,000 native
trees and shrubs, averaging 67 feet wide and involving 5.3 acres, was planted in 2015 to buffer
the water drainages, cool the water for fish, and to create habitat for birds and other wildlife.
The project also included the placement of wood in the re-meandered stream for salmon, and
the installation of three raptor perch poles, for habitat improvement. The broader result of the
project is its contribution to the restoration of a healthy watershed for the Little Quilcene River
Valley area for local farmers, recreational users, and businesses, including shellfish growers in
Quilcene Bay. It is of ongoing interest to the Serendipity Farmers to contribute to the
continuing beauty, sustainability, and quality of life in the area.
8 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.
The soils and microclimate on the Serendipity property are very well suited to agricultural
production. Current use of Serendipity Farm includes organic cultivation of approximately 8
acres of vegetables, berries, fruit trees and flowers, and about 30 acres of usable pastureland
which is rotated sustainably for multi-species grazing. There are 14 horses currently being
boarded which they plan to bring up to their facility's maximum capacity of 17 horses. They
also raise goats and chickens for milk and eggs for their own consumption, and to help ensure
farm fertility and sustainable production. Farm products are delivered locally to 50 CSA
customers in Kitsap and Jefferson Counties. They are also sold at their farm stand and at the
Port Townsend farmer's market. Chris Llewellyn and family members plan to add to the
productivity of her farm by installing a commercial kitchen for on-site preparation of her value-
added farm products which at this time include organic salad dressings, pestos, and cookies.
She often includes these products in her CSA packages and plans to sell them at local
farmer's markets as she increases production to meet the growing demand. Easement funding
would help her to achieve these goals, as well as permanently preserve the agricultural values
of the land.
8 b.Describe any current or future management practices that promote the preservation of soil and water
quality and good watershed function on the farm.
Serendipity Farm has implemented extensive Best Management Practices to address soil
preservation and water quality on the farm. They have worked closely with the Jefferson
County Conservation District and the Natural Resource Conservation Service through the
federal Conservation Reserve Enhancement Program and Environmental Quality Incentives
Program. These programs provided funding and assistance to Serendipity for the activities
Serendipity Farm CFF 2017 9
mentioned above. In addition, Serendipity has installed curtain drains around hoop houses and
gutters on barns; built a compost facility with cement floors and created animal paths with
appropriate surfaces in heavy use areas. Serendipity uses drip irrigation to reduce water
consumption and run-off, and does not pasture the animals in wet conditions.
8 c.Describe how the owner employs agricultural management practices that will protect or enhance
wildlife habitat.
The CREP restoration project with the Jefferson County Conservation District has benefited
salmon and other wildlife habitat on Serendipity Farm and will continue to provide even better
habitat as the trees and shrubs along the seasonal stream and Cemetery Drain channels
mature. The conservation easement will make permanent the current restrictions on use of the
CREP buffer areas. See 7 d for a more detailed description of restoration work completed in
2015
9 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. NA
9 b.Describe the silvicultural management practices that promote the preservation of soil and water
quality and good watershed function on the property. NA
9 c.Describe the owner's timber harvest plan and harvest methods that will protect or enhance wildlife
habitat on the property. NA
10. 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.
Local residents and those in the broader Seattle region benefit from having access to the fresh
products from Serendipity Farm and the surrounding farms. The farms that make up the
Quilcene Farm Center are all recognized in the agricultural community of Jefferson County and
contribute significantly to the agricultural economy through their thriving businesses. The
naturally-irrigated prime soils, scenic qualities and easy access have made this area appealing
to the newer generation of farmers trying to make their way in Jefferson County. Because of its
conservation values and the history of the current farmers, the Quilcene Farm Center
preservation effort is also one of the top priorities of the LandWorks Collaborative (LWC). The
LWC is a unique partnership with the focus of "keeping working lands working" in our county -
not only by protecting the important farmland and forest land and keeping it affordable for
successive generations, but also by supporting the producers with the tools necessary to
succeed, such as business planning, reinvestment in farm infrastructure and through
strengthening consumer demand and markets for locally grown food. Jefferson Land Trust
received letters of support for our State Farmland Preservation Program application for
Quilcene Farm Center from Jefferson County, Washington State University, Jefferson County
Conservation District, and The Food Coop.
Streams and wetlands on Serendipity Farm feed into the Little Quilcene River via the Quilcene
Irrigation Ditch which also runs through Midori and Little Quil Farms. These well-managed
Serendipity Farm CFF 2017 10
farms are doing their part to ensure excellent water quality downstream in the largest oyster-
producing region in the state. The drainage infrastructure within this ancient alluvial floodplain
area helps control flooding. The nearby Quilcene Rivers and head of Quilcene Bay have
undergone extensive protection and restoration efforts by Federal, State, Jefferson County and
local entities, including land protection by Jefferson County and Jefferson Land Trust.
10 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
11.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
Serendipity Farm is dedicated to recreation, education, conservation and sustainable
agriculture and is eager to provide educational opportunities and demonstrations on the farm in
concert with other partners in the agricultural community. To that end, they have hosted an
annual writer's conference for Evergreen State College students for the last 8 years, and
conduct regular riding lessons as well as special riding workshops on natural equestrian skills
and trail riding. They have created a trail system through the farm that locals use to transit
through the property. Serendipity Farm participates annually in the Jefferson County Farm
Tour. If the easement is secured, the farm will also likely be one of many properties included in
property tours coordinated by Jefferson Land Trust. Its location on a major Olympic Peninsula
Washington Scenic Byway and tourist route provides opportunities for both retail sales at a
farm stand, and demonstration of sustainable farming and animal husbandry practices to both
tourists and residents.
12.The proposed acquisition_includes historic or culturally significant resources3 and
is registered with the National Register of Historic Places,or an equivalent program.
X is recognized locally has having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
If affirmative in any of the above,please describe below,and cite or provide documentation of the historical or
cultural resources.
Serendipity farm is part of what was an early 1800's 300-acre farmstead, and it was operated
as a dairy until the 1970's.
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.
Serendipity Farm CFF 2017 11
Verification
13. 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
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. Initials Date
14. 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. Initials Date
Serendipity Farm CFF 2017 12
Landowner
Acknowledgement Form '
Landowner Information
Name of Landowner: Christine Llewellyn
Landowner Contact Information:
❑ Mr. Er Ms. Title: Owner
First Name: Christine Last Name: Llewellyn
Contact Mailing Address: 14 Cemetery Road, Quilcene, WA 98376
Contact E-Mail Address: info@serendipityfarm.org
Property Address or Location: Same as above
1. Landowner is 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.
Landowner Signature Da e
P
Project Sponsor Information
Project Name: Serendipity Farm
Project Applicant Contact Information: Jefferson Land Trust
❑ Mr. ❑ Ms. Title: Director, Conservation and Strategic Partnerships
First Name: Sarah Last Name: Spaeth
Mailing Address: 1033 Lawrence Street, PT, WA 98368 E-Mail Address: sspaeth@saveland.org
Landowner
Acknowledgement Form '
an owner n orma ion
Name of Landowner: Arianne and Francesco Bertucci
Landowner Contact Information:
❑ Mr. ❑ Ms. Title: Owner
First Name:Arianne and Francesco Last Name: Bertucci
Contact Mailing Address: 504 Columbia Street, Quilcene, WA 98376
Contact E-Mail Address: awkwardguy@gmail.com
Property Address or Location: Same as above
1. Landowner is 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 successfullyawarded, 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.
"= ) .
Landowner Signature Date
Landowner Signature Date
Project Sponsor Information
Project Name: Serendipity Farm
Project Applicant Contact Information: Jefferson Land Trust
n Mr. ❑ Ms. Title: Director, Conservation and Strategic Partnerships
First Name: Sarah Last Name: Spaeth
Mailing Address: 1033 Lawrence Street, PT, WA 98368 E-Mail Address: sspaeth@saveland.org
Landowner
Acknowledgement Form '
Landowner Information
Name of Landowner:Arianne and Francesco Bertucci
Landowner Contact Information:
Ni Mr. ® Ms. Title: Owner
First Name:Arianne and Francesco Last Name: Bertucci
Contact Mailing Address: 504 Columbia Street, Quilcene, WA 98376
Contact E-Mail Address:
Property Address or Location: Same as above
1. Landowner is 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.
/
• rt _ _
Landowner Signature Date / V
Project Sponsor Information
Project Name: Serendipity Farm
Project Applicant Contact Information: Jefferson Land Trust
❑ Mr. 0 Ms. Title: Director, Conservation and Strategic Partnerships
First Name: Sarah Last Name: Spaeth •
Mailing Address: 1033 Lawrence Street, PT, WA 98368 E-Mail Address:sspaeth@saveland.org
Exhibit D
2017 Conservation Futures Program Manual
Serendipity Farm 11
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Jefferson County Conservation Futures Program Manual
2017 Funding Cycle
Jefferson County Conservation Futures Program Manual
2017 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 2017)
Phil Andrus,Citizen,District#2
Mary Biskup,Citizen,District#1
Scott Brinton,Interest—Agriculture
Lige Christian,Citizen,District#3
JD Gallant,Citizen,District#3
Jerry Gorsline,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 2017 CF Application and Ratings Worksheets are available
separately from program staff.
Map of Approved Projects APPENDIX B
Definitions APPENDIX C
2017 CF Program Manual 2
http://www.co.iefferson.wa.us/commissioners/Conservation/conservation.asp
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
tpokomy@co.jefferson.wa.us.The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,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
2017 CF Program Manual 3
http://www.co.ie fferson.wa.us/commissioners/Conservation/conservation.asp
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(jeffbocc@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.
2017 CF Program Manual 4
http://www.co.iefferson.wa.us/commissioners/Conservation/conservation.asp
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
tpokomy@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.
2017 CF Program Manual 5
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp
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.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria
in order to be considered for funding. Each application will receive an initial screening to
make sure that it is in compliance. Applicants are encouraged to submit pertinent materials
and documents,as appropriate,in addition to those items required. Multi-year acquisition
projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property, or property right,must be eligible for purchase as defined by state
law,RCW 84. 34.210(i.e. "...protect,preserve,maintain,improve,restore, limit
the future use of,or otherwise conserve, selected open space land,farm and
agricultural land,and timber land...").
Conservation Futures funds cannot be used to acquire property, or a property
right,that will be used for active recreation purposes(including but not limited to
sports fields,playgrounds,recreation centers, swimming beaches or pools,
motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.
For the purposes of this application,passive improvements include, but are not
limited to,trails, interpretive centers,viewpoints,picnic areas,access,restrooms,
landscaping and parking.
Applicant Eligibility
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Eligible applicants include the County,municipalities,Park Districts, State or federal
agencies, private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor.Eligible sponsors include county,
municipalities,park districts, or private non-profit corporations based in Jefferson
County.A current,but not necessarily comprehensive,list of eligible local sponsors may
be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property,including interests in real property
_Cost of related relocation of eligible occupants (includes administration)
Cost of appraisal
Cost of appraisal review
_Cost of title insurance
Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%of the total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
Baseline documentation
_Boundary survey
Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
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
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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.
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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.
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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
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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.
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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[ ]
4SON COG2
ti Sponsor's Certificate:I hereby certify under penalty of perjury that the items and total listed and
attached herein are proper charges for materials,merchandise or services furnished and/or services
vsko rendered have been provided without discrimination because of age,sex,marital status,race,creed,
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
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JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(template only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2017
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 2015 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, 2017.The
Project reimbursement period for acquisition expenses will end on xxx xx, 2019 unless proof
of match is provided prior to this date.No expenditure made before xxx xx,2017 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 2017 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.
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Acquisition 0&M Totals
Conservation Futures— $ $
$
Project Sponsor $ $ $
Contribution
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 2017 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
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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.
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
the Sponsor shall furnish additional security covering such judgment as may be
determined by the County.
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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
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
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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.
O. 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:
Sponsor Contact Conservation Futures Program Contact
Jefferson County Environmental
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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 2017.
By
David Sullivan,Chair
Jefferson Board of County Commissioners
By
Jefferson Land Trust
Attested:
Carolyn Avery,Deputy Clerk of the Board
Approved as to form:
xxxxxxx,Chief Civil DPA
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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
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Appendix B
PROJECTS MAP
Conservation Futures
Jefferson County Nshingfon
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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.
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Exhibit E
Resolution No. 24-17
Serendipity Farm 12
J
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Serendipity Farm project as Authorized by and in
Accordance with Jefferson County Code } RESOLUTION NO.
i .21,-17
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 2017 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 acquisition of a
conservation easement on four parcels of agricultural land in Sec. 14 T. 27N, R. 2W with Assessor's
Parcel Numbers 702144001, 702144020, 702144021,and 702133027:and
WHEREAS. the County retains enough developable land to accommodate the
Serendipity Farm 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 $106,600 in conservation futures funds in the
2017 funding cycle for acquisition expenses contingent on a matching contribution of at
least fifty percent(50%)of the total project cost.
Resolution No.24-17 re: Dedication of Conservation Futures Funds to Serendipity Farm project
2. 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.
APPROVE AND ADOPTED this 'd �"j) �� day of „� �- , 2017 in Port Townsend. Washington.
SEAT..: '. ": JEFFERSON COUNTY
, BOARD OF COMMISSIONERS
''
Kathleen r, C it
ATTEST:
Davi i r
{tkilk6 , �
Carolyn A'ery t/`
Deputy Clerk of the Board Kate Dean,Member
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