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HomeMy WebLinkAbout001APPLICATION FSR FORMAL S#TE SPECIFIC -COMPREHENSIVE PLEASANT N� �EI�tD1�ENT HARBOR MARINA AND GOLF . RESORT I* INTRODUCTION AND ABOUT THE DEVELOPER NO.2 • Garth Mann, President and C.E.O. Statesman Group of Companies Ltd. 7370 Sierra Morena Blvd. S.W. Calgary, Alberta T3H 4H9 Telephone: 403-256-4151 Fax:403-256-6100 Susan Rants, Land Development Director W&H Pacific 724 Columbia N.W., Suite 140 Olympia, Washington 98501 Telephone: 360-754-3375 Fax:360-754-1195 Bob Yakas, Planner W&H Pacific 724 Columbia N.W., Suite 140 Olympia, Washington 98501 Telephone: 360-786-0090 Fax:360-754-1195 Kevin Neal, Civil Engineer W&H Pacific 724 Columbia N.W., Suite 140 Olympia, Washington 98501 Telephone: 360-786-0090 Fax:360-754-1195 Scott Bender, Hydrologist Bender Consulting, LLC 630 6th Street South Kirkland, Washington 98033 Telephone: 425-828-7545 Fax:425-828-7548 Sandy Mackie, General Counsel Perkins Coie 111 Market Street N.E., Suite 200 Olympia, Washington 98501-1008 Telephone: 360-956-3300 Fax:360-956-1208 Thomas MacDonald, Water Rights Attorney Perkins Coie 111 Market Street N.E., Suite 200 Olympia, Washington 98501-1008 Telephone: 360-956-3300 Fax:360-956-1208 Patrick Beehler, Survey Director W&H Pacific 724 Columbia N.W., Suite 140 Olympia, Washington 98501 Telephone: 360-786-0090 Fax:360-754-1195 James Mazak, Manager, Planning Focus Engineering/ Statesman 300, 2891 Sunridge Way N.E. Calgary, Alberta T1Y 7K7 Telephone: 403-716-3688 Fax:403-269-8353 Don Largen, SEPA Consultant 841 North East 59th Street Seattle, Washington 98105 Telephone: 206-523-4437 Fax:206-525-1423 6RSA 7ARBOR 4p The Pleasant Harbor MarinaK " and Golf Resort The Master Planned Community will become one of Washington States most unique and intriguing Resort Properties with a special kind of beauty all its own. The Statesman Group of Companies has elevated the art of Resort Developments over three decades, The Statesman Team brings a dedication that goes unmatched to create Resort Communities such as: • Toscana at Desert Ridge... Phoenix, Arizona • Pine Ridge Mountain Resort over looking Lake Windermere... Invermere, B.C. Canada • Bella Vista of Scottsdale... Phoenix, Arizona • And many others. A Championship Golf Course integrated throughout the Douglas Firs, and over the deep "kettles" situated on Black Point Property; this 221 acres will house a conference center, a club house and lounge, as well as an invigorating spa with Mediterranean grotto. • Three multi-level condominium units are available for those attending conferences, while spouses and friends enjoy the serenity of the spa -grotto; followed by the competition of championship golf overlooking Hood Canal. As well, the Alpine Town Homes and Villas are planned to maximize the views of the Golf Resort, Mount Rainier, and Hood Canal. The dynamic Statesman Team of professionals and expert consultants have incorporated good ideas; from the re -vegetated landscape design for areas disturbed due to construction to water conservation techniques in order to reduce Potable Water Usage. Corners are never cut and standards are not compromised in the design of Phase II••• The Maritime Village. This unique property accessed via a lay way lane from Highway 101, and will replace the existing buildings adjacent to Pleasant Harbor. The maritime architecture of yesteryears incorporates a Village of Shoppes, Restaurants along with a Dive Shoppe to encourage Tourist to make Pleasant Harbor a Resort Destination. Multi -Level Maritime styled Condominiums, Town Homes and Villas provide accommodation over the Village for weary boaters looking to retrieve their "land -legs". As a Green Community, Pleasant Harbor Marina and Golf Resort is engineered to prot6 t this y; unique environment. -� j _J 1 • A Tertiary Sewage and Effluent Treatment facility provides CLASS `A' water for irrigating the golf course and providing wash -irrigation for a combined FIRE SMART SYSTEM for and re- charging the Aquifer. Rain Water Harvesting uses old technology to borrow the rain water for treatment, before returning it to the aquifer. The "Wild Life Corridor Study" provides a common sense understanding as the connectivity theory of migration patterns of ungulates and carnivores. Mostly, people come to enjoy the beauty of the region. To relax and refresh mind and soul. As a result, a substantial economic benefit is realized to the surrounding community. Besides the financial benefits, a non -denominational Chapel has been planned and donated to the community. The Jefferson County Public Utility District has acknowledged the need to manage satellite water treatment and sewage treatment facilities which would be donated by the Developer. As well, fire retardant buildings to house 1090 Residential Units are planned along with fire fighting equipment and trained staff, Pleasant Harbor Marina and Golf Resort will become celebrated, by making Guests always feel • welcome through an unparalleled level of service within a carefully planned Resort. 2 4 _J LLOP ?AD1' r e 2 wima c 0 E a 0 a� a� D r� 0 1 C so 1 b t! I=NMa .} eU i, " g °pT3 R.a `t f ` t T� CD t S ti x Q. o o r CD > • aC P- Y � Y C y ry gyp, �y� r M cr.i ` J o cz 1 � . ... ...... ca sisno C/) • a eU i, " g °pT3 R.a `t f 3 ` t T� r � . )t ti ph' G t P- Y � Y unMyy� y ry gyp, �y� i"n^ 3 T� r � . )t C) 0 Pleasant Harbor Marina &Golf Resort The Community Plan Prepared by: James Mazak Chief Planner The Statesman Group of Companies Susan Rants Land Development Director W & H Pacific January — 2006 TABLE OF CONTENTS 1.0 AREA DESIGNATION............................................................... 3 2.0 JUSTIFICATION AND OFJECTIVES................................... 4,5 3.0 CONCEPT OVERVIEW ....... ..............................6 3.1 Project Area..................................................................... 7 3.2 Opportunities and Constraints............................................7 3.3 Rain Water Harvesting...................................................... 7 3.4 FireSmart Planning Principles ............................................ 8 0 4.0 SPECIFIC DESIGN REQUIREMENTS ........................................... 9 4.1 Streetscape..................................................................... 9 4.2 Landscaping..................................................................... 9 4.3 Parking Requirement....................................................... 9 4.4 Building Setbacks and Footprint ........................................ 9 4.5 Building Design............................................................... 10 4.6 Pathways........................................................................ 10 4.7 Water Amenity Feature ..................................................... 10 4.8 Boat Storage................................................................... 10 4.9 Parking...........................................................................10 5.0 Clubhouse and Conference Center Design ..........................11 . • 5.1 Membership...................................................................11. 2 J • AREA DESIGNATION Located in the scenic rain shadow of the Olympic Peninsula, Pleasant Harbor is situated adjacent to Hood Canal, between Olympia to the south and Port Townsend to the north and accessible from S.R. 101. The natural beauty combined with an agreeable climate for 6 to 7 months of the year, ensures a growth potential for attracting the growing market of Recreational Homeowners, Baby Boomers, and Second Home Retirees. The Statesman Group of Companies proposes to create a master planned active adult resort that will set the future standards for a "Green" development in Washington State. Centrally located amenities of a Championship Golf Course, a Convention Center combined with the Resort Clubhouse, the Mediterranean Spa — Grotto and a Maritime Village, will attract people from around the globe to enjoy the atmosphere of Pleasant Harbor Marina and Golf Resort. • 2.0 JUSTIFICATION AND OBJECTIVES According to designations for a Master Planned Resort Development under RCW 36.70A.360 must exhibit: (a) protection of the natural environment, its ecosystems and biological diversity; (b) protection of development from hazardous conditions; (c) protection of farming and fishing for Hood Canal; (d) revitalization of an area in which a commercial use is permitted in a setting of significant natural amenities; (e) establishment of objectives for the form and character of intensive residential / resort development and commercial use; (f) self-contained and fully integrated planned unit development; PLEASANT HARBOR MARINA AND GOLF RESORT STANDARDS: • 1. Due to the increased rate of demand for quality resort locations, the development will provide opportunities for more Resort Condotel housing options. 2. As the population continues to age, the demand for residential developments that provide residents with amenities to maintain physical and mental well-being will increase. Pleasant Harbor Marina & Golf Resort targets baby -boomers looking for a master planned, active, adult community that will provide residents with a variety of active and passive recreation options as well as providing linkages to the surrounding residential areas via pathways and open space. 3. As a result of the subject lands being located in the rural forested interface, Pleasant Harbor Marina & Golf Resort incorporates FireSmart planning principles into the design to limit the occurrence of forest fires, ensure the safety of residents and minimize the damage to property. 4. Development is proposed in a manner to minimize disturbance to the natural environment, protect against injury to persons and damage to property. (see Wildlife Corridors) 4 ' i • Objectives: • To designate sufficient buildable land for residential development to accommodate the economic feasibility by providing a variety of housing types to support an array of amenities. • To encourage designs that complement the natural setting and promote the alpine and maritime village theme. • To establish appropriate styles, materials and scale of development that contribute to a consistent and complimentary architectural character. • To encourage the use of the extensive pathway system and open space and reduce reliance on motorized transport. • To reduce the impact on environmentally sensitive areas by designing a road network to preserve and protect more of the natural vegetation, drainage courses, and slopes. • To establish the siting of buildings to reduce impacts on sensitive areas. • To incorporate a fire protection plan that preserves a beautiful blend of forest and home by adopting FireSmart planning principles that combine clearing of selective undergrowth with the use of proven non-combustible construction materials. • • To incorporate a well designed system for potable and non -potable water conservation and treatment. • To incorporate a state-of-the-art sewage and effluent treatment plant to deliver Class A water. • To eliminate the risks to Hood Canal from the eutrophication effects of poor development. • To prevent salt water intrusion risks to potable water wells. 5) A SEPA scoping notice, under Chapter 43.21 CRCW , to identify significant adverse environmental consequences of the project, to mitigate infrastructure and service impacts, will be provided through W and H - Pacific Engineering. 5 3.0 CONCEPT OVERVIEW (PHASE 1) The concept design illustrated in Fiqure Al: Neighborhood Plan proposes an all- inclusive maritime & alpine resort development to house approximately 1090 Residential Units of condominiums, townhouses and villas for Phase 1. The resort will also feature a recreation center with first class gymnasium, clubhouse, spa and Mediterranean Grotto. The development will be built in accordance with nature by maintaining as much of the native trees and vegetation as possible while still respecting FireSmart planning principles. A comprehensive pathway network will encourage pedestrian foot traffic and reduce dependency on automobiles. The intent is to create an aesthetically pleasing resort environment using alpine architecture and incorporating large open spaces and cascading water ponds into the layout. Rainwater and run-off will be harvested for non -potable usage wherever possible, significantly reducing water consumption. The proposed development will provide Jefferson County with economic benefits. It is defined as a special form of subdivision in which some of the rights and responsibilities associated with the subdivided land are commonly held and • managed by a Condominium Corporation representing all of the individual owners. This form of subdivision allows the District to collect taxes and development cost charges without having to pay for the ongoing maintenance of private water, sewer and road repairs. Incorporating water conservation principles will reduce consumption levels to approximately 40% compared to a typical residential development. A Condotel rental pool will be offered to the complex, that will feature interchangeable weeks with the developer's other projects. The rental pool will present additional opportunities for economic input into the local economy, as well as employment benefits. The number of roadways entering the residential development will be limited to discourage non -local traffic. Three public collector roads will provide access to the development and the surrounding area. Privately owned roads will have a minimum 18 to 20 feet of pavement width. Narrow curved roads through the residential areas, within the mountain forest, will provide traffic calming to ensure the safety of pedestrians. No parking will be permitted within the private roads. Where required, "lay-bys" will be provided for visitor parking in the residential developments. Visitor parking within multi -family units will be provided inside the lower portion of the unit parkade. Parking will be located near the Clubhouse, for the Golf Course and Conference Center. 6 3.1 Project Area The property defined as Black Point Property is described as part of a peninsula adjoining Hood Canal and is approximately 221 acres in size. The property contains stands of predominant coniferous forests, interspersed with open meadow areas, that were previously logged and developed for an " American Campground Site", for over 500 units. It appears to have been logged approximately 40+ years ago by previous owners. The property is characterized by terraced areas separated by steep "Kettles" caused by receding glaciers. The property is excluded from Agricultural use. CONCEPT OVERVIEW (PHASE 2) 3.2 Opportunities and Constraints Pleasant Harbor Marina has qualities that both enhance and constrain some architectural designs. This +/- 30 acres is located in a forested area off S.R. 101. The topographical challenges of +/- 20% grades will afford scenic views of this calm and natural harbor. The developer is proposing to replace the existing commercial complex, that has existed for decades adjacent to the marina harbor, with a +/- 10,000 sq.ft. commercial Maritime Village. Shops such as Restaurants, a Convenience Store, and a Dive -Shop will provide a destination for Boaters and Vacationers seeking an interesting venue to holiday. Smaller, residential units in a maritime architecture of Villas, Town -homes and Condominiums will provide accommodation for those visiting Pleasant Harbor Maritime Village. Total number of residential units is proposed at 180. Resident and Guest parking is a concrete structure that also serves to stabilize the slope from S.R. 101. 3.3 Rainwater Harvesting The proposed development will consume less than 40% of the water that a typical development consumes by utilizing rainwater harvesting and implementing water saving devices. Approximately 65% of domestic indoor water use occurs in the bathroom, with toilets being the single greatest water user in the home. Only 10% is used in the kitchen and for drinking. Rainwater harvesting for non -potable use consists of the collection of rainwater from roofs and from over -land storm water run-off. Rainwater will be directed to local on- site storage ponds and utilized for household non -potable uses. The integrated" -" • storm water pond retention system will supply water for irrigation and emergency 7VtLC_ _l PM . water supply for fire fighting purposes. Rainwater will be collected in storm water • ponds as shown in Figure Al : Development Plan. Another important aspect to reducing the consumption for water is incorporating water saving technology into the units. Pleasant Harbor Marina and Golf Resort proposes the use of low flow toilets, motion activated faucets, low flow showerheads, and high -efficiency washing machines. It is the developer's intent to use the harvested water wherever feasible for household non -potable uses. 3.4 FireSmart Planning Principles (see FireSmart Design) Located between rural interface presents challenges for fire safety and the preservation of the forest to maintain the resort theme. Adoption of a fire protection plan that incorporates FireSmart planning principles will minimize fire hazard and damage to property while ensuring the safety of residents. Highlights of the plan include pruning and clearing of undergrowth and the use of proven noncombustible construction materials. Combining these two aspects in an appropriate balance will create a beautiful blend of forest and residential areas. The concept of "defensible space" has proven to be an effective fire protection strategy (see report). It is a simple strategy that "involves providing sufficient space between the structures and the wildland's flammable vegetation within which the fire service can mount a defense against fire". A beautiful blend of forest and home can be achieved by selective cutting, pruning and clearing of unnecessary undergrowth, combined with the use of proven noncombustible construction features_ The following list highlights the key elements of the fire protection plan: • To protect the complex within the development, architectural controls will ensure the use of fire resistant materials such as metal roofs and non-combustible building products. • On-site storage ponds will provide the necessary system to water the forest during dry periods. • As a first response, the developer will supply portable fire -fighting equipment strategically placed throughout the development and including trained staff. • Electricity will be the preferred utility for heating and cooling. • A fire hydrant system will be incorporated into the development in accordance with building codes. } 8 - • Vegetation and dead debris material will be cleared close to homes to minimize fire hazards. • Fuel breaks in the form of pedestrian pathway systems will be utilized in dense brush areas. • The development will provide multiple sets of Zone Sprinkler units for perimeter protection of the complexes and the forest. 4.0 SPECIFIC DESIGN REQUIREMENTS 4.1 Streetscape - The proposed privately owned road system widths is 18 to 20 feet with 4' pathways or cart paths where applicable. - Narrow curved roads through the residential areas will provide traffic calming to ensure the safety of pedestrians. - No on -street parking will be permitted within the private roads. Where required, "lay-bys" will be provided for visitor parking. • 4.2 Landscaping - Except on the links style championship golf course, high maintenance mowed turf areas will be minimized, where possible, and limited to active natural pathway systems, re -vegetation using specific plant species and crushed aggregates. - The developer promotes the use of existing and native vegetation and the retention of as many trees as possible to maintain the natural forested environment. 4.3 Parking Requirement - Each Town -home or Villa will provide two (2) parking stalls located below grade. - Each Condominium Unit will have one (1) parking stall located below grade. 4.4 Building Setbacks and Footprint - The minimum front setback is 15 feet. 9 _ _! i The minimum rear setback is 15 feet. - The minimum exterior side setback is 15 feet. - The maximum parcel coverage is 55% 4.5 Building Design - Town homes will consist of two levels of living space with 1250 -1600 sq.ft. - The orientation and restricted height of the town homes will preserve the many spectacular views. - The Villas are one level units from 1400 to 1600 sq.ft. - The condominiums are multi-level in design with one level living from 750 to 1400 sq.ft. 4.6 Pathways - To promote a healthy and pedestrian safe environment, an extensive pathway system is integrated into the development. - Provides a pedestrian orientation/destination integrated with the natural environment. - Pathways are to be maintained in a natural appearance whenever possible. Connects to adjacent amenities through pathways providing enhanced accessibility and reduced dependency on automobiles. 4.7 Water Amenity Feature - The large water feature of Fountains and Waterfalls will also form part of the storm water management and rainwater harvesting initiative. - This dual purpose will satisfy the functional requirements of storm water management and improve the aesthetics of the area. 4.8 Boat Storage - Boat Storage at Pleasant Harbor Marina will be an asset for boaters looking for a destination resort. 4.9 Parking - Three visitor surface parking lots will be located within the Development. Two adjacent to the Conference Center and Clubhouse and the other off S.R. 101, that will be providing parking for the Maritime Village as well as the Chapel. --- 10 _' Both parking lots will be accessible to the public and visually buffered by • trees and the complexes. 5.0 Clubhouse and Conference Center Design - The clubhouse will be orientated to overlook the Golf Course and the water amenity to the East with an open view to Hood Canal. - Building height and orientation will be 3 stories exposed to the west from Black Point Road and 5 stories to the east exposure. - The architecture will maintain the alpine theme of a wooded environment and complement the natural surroundings. 5.1 Membership - Membership to Pleasant Harbor Golf Resort will be primarily for Residents and Guests, with the exception of available T - Times for non-residents. Residents from other communities will have the option to purchase annual memberships. - The following recreational facilities within the Resort will be available for the enjoyment of the public: • (a) Walking Pathways (b) Large water feature with bridge, (c) Golf T -Times (d) Spa & Grotto (e) The Maritime Village (f) The Restaurants and Lounge (g) The Marina Boat Storage 11 Cl) CD to tEk 1 70 10� cz CD lCTj cn zv!; 74� �k 44*Z 40 67- I rm 4 a C: C I+ - CD ImOO D_ W a)O -D C.) < 2� C13 a) IL cc$ C ON) CD > OZ ID �0OLOW E ct Lu j---0 IX C.) o 0 CD Cn Cd CL. 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O c > 0 (D C: o U M co � cn cn co >% 0 cep ° co 0 v� cn co .C: p0 r cc Ea r s >' Q) >% 0 .0 Cif CY) CM cu O C;} CD -C C �� D.0) CU DQE mea x r O cl r � ca as 4-j cz oc� C). c: � . c _ (1)� CD O S� 70 E .0 a.. O c > 0 (D C: o U M co � cn cn co >% 0 cep ° co 0 v� cn co .C: p0 r cc Ea r s >' Q) >% 0 .0 Cif CY) CM cu O C;} CD -C C �� D.0) CU DQE mea c cz 0 CL 0 0 0 CL 4-1 w CD C: 0 70 cn 0 Cc co CME Co 0 � E 0 0 i C: o (D co "a a% 0 co co CD CtS 0 70 0 E Tg f Be-) January 6, 2006 51t�7 ARBOR COlP RFSOR7 is Pleasant Harbor Marina and Golf Resort Re: Wildlife Issues The +/- 252 acres of land consists of two distinct parcels: a. The Lands adjacent to the Maritime Village (approximately +/-31 acres) has been disturbed with an existing marina and various commercial buildings. b. The Lands forming part of Black Point Properties of approximately +/- 221 acres. This peninsula, surrounded on 3 sides by Hood Canal to its Eastern shores, is covered by a canopy of Douglas Fir Forest that has been disturbed for an existing camp ground. Wide ranging large mammals should not be encouraged to make use of either property making up Pleasant Harbor Marina and Golf Resort. As such, the creation of a regional wildlife corridor within the proposed property is not recommended. Since the property lacks connectivity and is too small to support such a corridor, a required wildlife corridor immediately adjacent to housing may increase the probability of adverse human — wildlife interaction. The role of a regional scale wildlife corridor is to maintain wildlife connectivity. As such, a regional North- South corridor to the West of Highway 101 is consistent with large mammals ranging away from populated areas • that fail the connectivity test, as well as the risks of wildlife crossing the highway. Ungulate (deer, elk) attract prey species of carnivores (cougars) to the West of the Highway 101 and is consistent with discouraging developments that intercept these corridors making the subject property less than ideal for wildlife. To maintain this reduced wildlife: • Focus landscaping using native plant species that are less palatable to ungulates. • Minimizing hiding cover for large mammals. • Mandating wildlife — proof garbage storage and pick-up. • Mandating controls of storage of Pet Foods and Barbeques. • Prohibiting Bird -Feeders. • Prohibiting free ranging pets. Undeveloped recreational corridors (i.e. bike and walking trails) should be integrated with the Golf Course development and the views of Hood Canal. No Fencing is allowed in order to provide free movement including no restriction to overland drainage. We trust this report meets requirements for a Master -Planned Resort for the subject lands. Please contact Dr. M. G. Mann for additional details. The Statesman Group MAR 1 2006 J �LYELONAEN1" zT��a� y�l,�� .��+�s� f ,. �yr µ��f r �fyy � � �,,,a• � �'. _ � • e _ f��� a�ilrr� � `� FR i r ,�-� ��,� L ,�'�'v" �:��� • LO y+r'.. j��; �: teaa•' �Fa ,' J:.'.*��.y� i ''.; �'ill�� ��`y� � �� 44�'��.(I��>~[M�iy✓�lft��y:4igf,���'��fi,'i•GVq' ` op 'r M1 r .. ,s „� .- n r Y 4 R�• ! ./' � f 3 TI r °r �.. �?'� �' rrr f.,l,+�,t't 'r , � ,t7ess 30 t. 'yrt dx'`...'St <�,r� i'F`l�yr. �.. r I�'F 4{• A !"9 # ��% r" , ! -Av. ZAt ,pr fk � t �� �� f a. • i sem:. r 4 u,f�., �Q� . AM �� � 1`�'t rli t t t(G,J.yr �t y�i � e : rtj' .T.t" SAIM r (■� s :'� xc� +p* iZ: f n , t 1y}�i�;� +Mr1 �} 4..���w�I .>! y,"s, _,T'M' d ,-.1 `�d �'' {{{{ ''' 1 _.. 1 rT•,..1. f 1.. ! P • :�.1' _ y�' t 'rtt � i a�dr.''T 7 1r i , y� FEB -20-2006 10:18 AM PLEASANT HRBR MARINA • 3607964898 40174 133 NO REAL ESTATES SALES TAXRt MRED Cn NTY T r REIL Rauna A44rou Nrax PLEASANT HARBOR COaPOMWON Addj,..� 308913 tiiGliWRY 101 City. so" xP DRINNON, WA 98320-9758 P.01 %L JEPANY 98 FEB -3 AM 11: 33 potlyA i1. GI.STFIELI) IEFFERSUl4 4t -til Y AL'D1101t r��,�iOEt•U1Y i1l111!•ff..N..1N-10404 NN,9441.t..NM.11111./14411441............ ....... NN.1i44.144144 N.............. /.. N..........i nammeat nao(a) (or boas ooatsiaed therein): 1, LL•'ASE RMENDMENT x. • 9 4_ NNN.....1..NN11NlN..N.....11 Y4411NNININ 14444..1.144.194444.. Y.444444N1.NNNN1.N1111N.N1. N.. N.•N••••••••••••• Refereace Namber(s) of Docvmcats aWped or rtdeasedr (on pap of dacumctds(s)) 3 0 7 7 0 6 5 ....ff1..1l11t1l11N1f1fN,19ff If04l4110 111.111111f1111il1l1t111lN11ff1l11.♦4411.1.11........1............11.111111...t1.11if1t.1 Graator(s) (IAa came prat, thea Aral crape tad lu)tiais ) l.STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES 2. 3. 4. S. nama of •NNNN.N .N�N. .,.1 t�NN.N,-..NNIH MN..NDN..�...WN......NNNt.NN1..1111.144.1441111. N.N1f.1NN11t1 Crantee(t) OAd ntafe Afar. then JIF9 name and initi418) ! PLEASAN'P HARBOR CORPORATION 4. 5. A"doml maws on pope of dacumeat. .N/.144144..0411 N/NNN.,... ...N1041041iIf1Y111.N.lIf.NNNf.fNf1.N...../.....f............ 1.44 44.44144..............1441 Legal descriptio+ (abbroviatd& Ic lot. block, pW or tern, lownsl►ip, rang) PORTION OF 15-25-2W Additional legal Is an pace of d==nl. .441441111944,44.1.0444N1iNi111Nf911lfNNfl,944l1NI,ff14444.f.44.1444419/.INN 1..4444....4444..........14414444..NN! f f 144! Assessor's Properly Tat ParceUAccouat Number 14/iddhicuai logai Is oil pop _ 04mumeal . •♦.........................f.1...................................................1...1......... 6.6......1.........a 'Tbe Auditor/Recorder will rely on the laFunrallor provided on We fora. The staff will not road the docuateal to verify the tecurtcy or completlaem of the iade=h firfarmatiea prII> ided herela. ....................... ...N.................. ....,........... /.......... ..Y.�....N..........,........ 1........ trrurxrna roust (C~ atfl9n Farm nt;s-s MSR i 2006 'FEB - � •1 3 1948' FEB -20-2006 10:19 AM PLEASANT HRBR MARINA 3607964898 lie 1• lie Lm P.02 STATE or, WASHINGTON DUPARTML+NT OF NAI IJRAL RESOURCES JENNIFER M. BELCHER Commissioner of public Lands Oiynjpia, Washington 98504 LEASE AMENDMENT TADIX OF CONTENTS SE(." t1ON PAGE I. AMENDMENTS ............................ ... 1 2. EFFECTIVE DATE .............. . .......... ......... .................. 1 3. NO RELEASE ............ .......... ............2 4. WARRANTIES ....................... .................................2 S. CONFIRMATION OF LL.ASE .............................. ............. . 2 6. RECORDATION ...................................... ................2 VOL FEB -20-2006 10:19 AM PLEASANT HRER MARINA • Is • 3607964898 P.03 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES JENNIFER M. BELCURR Comnd"loncr or Public Lands Olympia, Washington 98SO4 LEASE AMENDMENT AQUATIC LANDS I EASE AMIQNOMLNT NO. 20-012714 THIS LEASE AMENDMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and Pleasant Harbor Corporulion, u Washington corporation BACKCROUND A. Lease No. 20-012714 wits entered into on tite I st day of January, 1968, by and between SMALL. BUSINESS ADMINISTRATION as iatsee gild the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, as landlord twd recorded with the Jefferson County Auditor's office under recording number 20.012714 (the "I. nse"). B. Tl>; Larwe was previously antende¢d by assignments respectively dated luese 9, 1988 and March 29, 1994. Copies of ilia assignments are attached as Exhibit B. C. The putties now desire to expand this Loasc area front 4.45 acres to 14.04 tures. TIMIREPORE, Ilse partial agree us follows: 1. AMENDMENTS The ingai description, rent amount, and Financial security requirements of the L4A— w are amended to mud its specified In Exhibit A attached hereto. 2. lh'"1 rucr1Vli; DATE Tile amended provisions shall become effective as of July 1, 1997. VOL ) - 6441 /" FEB -20-2006 10:20 AM PLEASANT HRBR MARINA • • 0 3607964898 P.04 ?s 3. NO RELEASE State is not releasing any previous Assignor front fully performing the provisions of the Lease in effect at the time of such assignment or as otherwise agreed in writing between the State, previous Assignor, and the Lessee. 4. WARRANTIES Leseee represents and warrants to State that (i) the Lease is ill full force and effect; (ii) Lessee is not in defuult or breach of ilia Lease. (iii) Lessen has no knowledge of any claims, offsets, or defettses of the Lessea under the Lease; and (iv) to the bast of Lessee's knowledge, the property is in full compliance with all applicable federal, state, and local governmental permits, rules, ordinances, and laws. S. CONFIRMATION OF LEASE All other terms of the lease not Inconsistent with this Lease Amendment are hereby affinned and ratifie4. 6. RECORDATION Lessce shall record this [.ease Amendment in the county in which the Property is located, at Lessee's sole expense. Lessee shall provide State with recording infonnation, including cite date of recordation and file number. Lessee shall have thirty (30) days from the date of delivery of the Mild executed agrecinent to comply with the requirements of this subsection. if Lessee falls to record this [case, State may record it and Lessee shall Puy clic costs of recording upon Stare's demand. 2"12714 Z V. % FEB -20-2006 10:20 AM PLEASANT HRBR MARINA 16 I * 3607964898 P.05 h THIS AGREEMENT requires Ih* signature of all Parties and is exeeutcd as of the duto of the Inst tignuturc below. STATE: I-As'ee SPATE Ole WASHINGTON Pleasant Harbor Corporation DEPARTMENT OF NATURAL 3US913 Highway 101 RESOURCES: Brinnon, W A 98320-9758 By, s CHARLES FINNiLA CHARLES 9AUM Its: Department Supervisor its: hrasident Dated: 499 j? Dated' • 20.012714 3 W- . FEB -20-2006 10:20 AM PLEASANT HRER MARINA • is • 5. STATE OF WASHINGTON ) ) Sit. COUNTY OFTHURSTON ) 3607964898 P.06 M 1 certify that I know or have satisfactory evidence that CHARLES BAUM . is the person who appeared before me, and is the. papertnent Super v I sor of the STATE OF WASFIINCiTON DEPARTMENT OF NATURAL. RESOURCES. I further certify that suld person acknowledged the foregoing to be the free and voluntary uct of the S'T'ATE OF WASHINGTON DEPARTMENT OF NATURAL~ RESOURCES for the uses and purposes mentioned in the instrument, and on oath stated that lie is duly authorised to Cxecutc and acknowledge said Instrument. ,�`g •• ��.1YYL �p Z A R 1• * Type or P6111 Nu,ne Notary Public in and for the Statc of Washington �0 U a Ocl residing at d ' ^ i g , My Caulmission Expires Z:ez°°" STAIWASIIINGTON ) COUNTY 0FO�A I certify that I know or kava satisfactory evidence that CHARLES FINNILA is the person wlro appeared befog nit, and is the President of pleasant Ilaibor: Corporation ("Tenant"). I further certify that said person acknowledged the foregoing instrument to to dre free and voluntary act of the Tenant for the us" and purposes mentioned in the irtstruntent, and on uu11 state that he is duly authorized to execute and acknowlegle said instrument, DATED: [k''� �t2—►, 199St .��(�" i'(! / (TyWPrint Name) Notary Pub •c int and for the Stlte of Waxirington wsiding atT� -aLL" M jscion ExpiresuQt2i.. Cpl► iu NpT/+AY � j t►WdIroCt1111{Itiil�.W�l t�t "U-�N�N�1a ��. �.. . . W r 2ti-u 1271 4 Illi :yp Tnrr juf l FEB -20-2006 10:21 AM PLEASANT HRBR MARINA 3607964898 P.07 • • W., IN FOR LEASE AMENDMENT 20-012714 Parugruph 3.1 (1) to be modified as follows: (t) ANN966 RENT Annual rent In the amount of $23, 013.59 to be paid in two installments per year and subsequent annual, as determined by the Lessor in accordance with Chapter 221, Laws of 1984 (RCW 79.90.450-.902). or as amended by subsequent legislation, is due and payable in advance by the Lessee to the Lessor and is the essence of this lease, and is a condition precedent to the continuance of this lease or any rights thereunder, 6,9 Bond or Other Socurhy (a) At its own expense lAssee shall procure and maintain a corporate surety bond or provide utlier finonciul security to the State (the "Bond") In an amount equal to $50,000.00, which shall secure the full perforntiuted by Lessee of its obligations undar this Lease. The Bond shall be in a form and issued by it surety company acceptable to the State, The amount of the Bond may be adjusted by the State: 1. At the same fire as revaluation of the Runt 2. As a condition of approval of assignment or subleasd of this Iease 3. Upon any broach of Subsections 4.6 (a) -(d) of November 12. 1991 As s ignmen t/Amend meat. 4. Upon a change in the condition of any improvements, or S. Upon a request by the Lessee for a change in the Penuitted Use. A new or modified Bund shall be delivered to the State within thirty (30) calender days after udjuximesnt by the State of the amount of the Bond. FEB -20-2006 10:21 AM PLEASANT HRBR MARINA 3607964898 • I STATE Of YASNINdTOM't• OEPARTNEVT OF NATWIAL RESUISCES Jt10,1fEA K. rELCNER Comissloner of public Lands' Olyspia, VA 1+501 NOTE CAAEFULLV f the Commissioner of public tends will mot approve or enter any assignwnt unless the least or contract must ba submitted lease or contract is to yoad standing. Tka art4laai this &sitgmssnt Torr and + 115.04 fee. Along with thr4a (1) copies of ASSIG MENT/AMEMONENT Of LEAst FOR VALK RECE(VEO, the undtrsigg044 horab as:tgns that certain taut No. 20.012114 Washington State ((the 'Lt a t' 44144 the itth day of Hovdsber l/U,a=e`.joorthe Staed is Resources (the 'Oepartmwnt'1 8tparlust o Natural lasses WAYNE M. HARRIS, at Trustee v( the Wayne H. Harris Separate property Trust, n• Jefferson, state of Washingtoby covering those ctrt4im prdriset sitiuted in the County of that Portion of the bad piauint Harbor, awned particularly described and known AS , va tfoilows: IS, in (reAt of of `described isant Range I Vast$ W X . Include111111i ton. situate d ietaolract lthe awnshipa2lfNorth, Cseaeacl■s it to most westerly toindar corner on tho north lint Of told Section 1S the mender line Soutk is• 15' Wast 1.50 chains, and rtmaim4 tkance along governrnet South 72' West 1.00 chains, Wace South sl' 10' Wait 1.00 ckaims thence hence themes South 41' 30' Wit 1.00 ehilaa, thence South is, Is ' Veit 4.00 chains, thtnes hiving said waadtr lint South 30' East s0.0 feet, South 31' l5' Yest 2.00 chains, So of this more last, to the line of extrao low tide and true hint of K thence !0• East 250.0 tut, nth dutriptioe, ruaaing lk+nce North 60' East 100.0 Elft, South - (sat, thance North 30• Volt 150,0 feet, and thence thehe.'South S Vast 113.0 North Go' Etsl 411.0 feet to the true point of boginntnq of this description, and all CHARLES A. AMC I(TTY L. right, title and interact in and to, " modar the said lane, to dbs TLEASAMT HARBOR COOL)RATIOII (the •Assignaa' whist address is PO Som lEa2. FINMILA Vancouver, WA 98161, and said assignee CHARLES A. AANNOO R 11T L.orn FIN ILA dbdiPPLEASANT theestivts to pt E lANnd�M CORPORATION. hereby binds and obilgites covamanls of tied lust or contract. in costlderatlae of this Assignment/Adrndment and Of the Consent of tht depirtrtnt, the undersigned listed and Assign.. agree 49 follows; 1. he nt be Alstgnal bound and gby all cOveeints,rtes to make All tconditions, tams$, under ato the least, And do sad ptrforsaand ttipuiatlaas, ud agreements In the tease blading upon Lomas 2. She dapartaont through its montane is this Astigr�.ent/Mtnd.ent, hereby i■us by the Assignee rejeasat art&�etfrom, fany ive dateyOfhat thesAssigneunt/AAwndmenttthe Asslgamant/Amandsenl skill not modify any of the terms and conditions of the lease, evcept it provided in Exhibit A; 4. iae Assignment/Asendrtat shall not preclude the dapartoient from exercising its right to Content to any further Assignment/Aseadmant of the Lease, 1. Lasses reprasents and warrants that to the bolt Of its knowledge, after due dispersal Of any hazardous Or toxic and diligent Inputry, it is unauare of the presence or substance ea tbt propafty; s. Leslie represents and warraata that it has no knuwladgs, after due And worlclaW idtpirtstattthe dillafit dtpa9lmentorlptndlaOof Aor threateMdny state of alitigativacts which against the 1. tattoo represents and warrants that it to not la default under the lease, and facts or tvanti which, has no amwledgt, afitr due and diligent inquiry, of any state of metets thereof would constitute a default with the pis IAga of Lire of the giving of thertumdert And B. testae represents and warrants that to the best of its knwledyye, after due all applicable federal, and d111401 ihWiry, the property is ie full CW11 iance with and iM al govern,wrntai permits, rules. irdinancee. laws. and statutes. title. as lyUh i „.t Yti�. P. 08 '0— ., FEB -20-2006 10:22 AM PLEASANT HRBR MARINA 3607964898 P.09 • • tESstE/ASSIGNOR `•- ASSismEE'- 1. F1NAitA daa WLYNE N. HARRIS, at irustte of the cHUIES A. ANO [BETTY Uaynt M. Writ SepAratt property Trutt PLEASANT HARBOR CORPOUTIGH T It a:Awme .yttr�✓`? 7 �' " PO Boz 1842 34191 MOW&; III Vancouver, YA 98666 Brinnon, WA 98310 By _X Title S f; r-�. PO Box 1842 Vancouver, WA 48666 Dalt a e •r We �._ r CO►asEKY T9 ASSILINENT/AhOOKW The deparinnt consents to the Aas19ment 1Wn"ont of the above-Mntloned Lt ue unto CNAALES A. AND 6ETTY L. FINNILA db1 FLEAURT RUBOR CORPORAT10H vpoe the exprtis condttla++s contalatd in said Ass{ynttent/Am4ndont{ and no further Asslgnttent/Asen4ment of slid least or 50latting of said promises or any part thereof shall be evade with the writttA consent of the department. NOOF VASH ARTKW AFINGTOR NATURAL RESOURCES Data W� �, r V' R 1 2000 -VOL FES -20-2006 10:22 AM PLEASANT HRBR MARINA 3607964898 P.10 • • • rA LEASE D&SCRIP'1'1QNS PUASAN9' HARBOR UARINA IIrAI' PdHYK N Of ftEASANr 11ARp00 SITUATE IN fRON7 Or A PCW r,UN LF GOV 7 I Or 3, SIViON 15, IUWISI11P 25 NORM RANGE 2 wWjr, IVLI. ,Iff'FER}Ort CO, WA. MORE f'NrnCULARI.Y DifliCIWIt AS FOLLOWS: CONLIENCWG At f1lE NORTH QItARIER UANER OF SMD SECfKW 15 AS ESIAW.tSrkO FROM REFERENCE OUNIS AS SNO1104 ON APPLICATION FOR PERMIf Tt) 1EUPOAARILY REMOVE UR OESTWY XCAON CORNER, OR Oni£R LANO flOUNOARY MARK OR MONUUENI: DATED 04-30-00, ON FILE IMM O£PARftI£Nr OF NAWRAL RESOURCE'S, OLn1MA, WAStINGTON, Www BEARS N 4ffva'29' E, 3732,93 Fr. FROL4 A 2` IRON PIPE LIARkWC TNe NEST QUARTER COITNER DF SAID SECTION 15; nIENCE s amu0d' f 544.w FL rt) rile eI r IX aCGMr CL etfWG lite LINE OF EXTREUE LOW f10E Of PLEASANT IIAR6DR AS OERIVEO fROif ELEVATIONS U AS4*CO ON 06-02-06-- rilfNCE 5 301)0'00' E, 430,10 Ft; DIENCE S 84.75'16' W, 171392 Ft; RIENCE N 2920J6' W. 328.00 I'T, TO WC LINE OF fX)RtLIE ID)Y 1111E OF PIEASANr HARBOR AS DERIVED fROU ELEVATIONS MEASURED UN "-02-96; !HENCE N 7?5516' E ALONG SAID LINE OF EXTREME LOW T1Ot: 59.05 Fr; nIENCE CONrINUtNR ALONG SAID LIN' N 64'04'53' E. 175.af Flat I11ENCf CONTRA4NC ALONG SAM) LrNE N 733f'43' F. 11A•t7 Fr; THENCE CONnNL" ALONG SAID LW N 53'33'50" E, 164,95 It. "Na CONTtN1ANG ALONG SMD LINE N 59'37'31 E. 515.07 Fr.; nifNCE CONIIJIIWO ALONG SAID LINE N d4:79'26' t, 94.46 Fr.; rIIENCE CONrINUNG ALONG SAIF IWE N 42UG'23' E, 73.51 t7,; DIENCE c -cwt me ALONG SAID LINE N )27826" E, 323.91 Fr; Tff£Na cQNimAmG Ar.ONC SAID LINE Iti 074'31' E. f8a,09 Ff,; ALENt:E CON11"JING ALONG SAM) LNW N 55'O2'SG' E, So to Ft; rlIENCE CONnNiANrt At ONO SAID LWE N 10140'3%' E. 7J.6I Fr.; INENCE CONTINUING At ONO SAID I,tNE k i019'4d' E, $2110 It T.: nIENCE CLINTJNUINO ALONG 5410 LINE' N 60'29''7' E. "a FL; YFIENCC CONE" MfC AI ONO SAID LINE N, ?6'27'44' I;, 11:! 5? ft., IIIE'NGE CON DOWO ALONG SAID LIVE IV 5ft•46'St' E, 75.97' rD 110' LQWf_jffEGtUaWC, PfXASAN7' PARTARS NAT PORTON OF PLEASANT IiARBt)R SITUATE IN F'RONr OF A PONnON 09 f.Ov.'f IOf 3, SEC110N 15. rOWN516P 23 IVOR1l4, IN" 7 1►iST. Wu. rEFFtRSON CO.. WA, MORE PARTICULARLY DESCRIDEO AS FOI.JOWS. CIJUM(NONO AY flit NORTH DUAL?TER CORNER OF SAID SECTION 15 AS FSfAfIiS+rtD FROM WI RENCE POINTS AS SIIONN ON APPIiCAi'ION Ft* PERMtr 10 ICUPWiARILY kELIOVI' OR DESTROY SrCIION CORNER, 04 OYIXR LAND 60UN00Y MARK OR LIDNIWfNT, DATCLI 04-30.90, ON FILE MUf UEPARUIENT OF NATURAL R£SOLftCES, lkYLfP1A' WAS#"[')N, ft"al BEMIS N 461Oa'79' E, 373203 Ft. FROM A 2' IR 8 06 C S nIE4.00 F'l T ic'N"KfST ?VER Y 301m,00*? , 4-1aOF AO SEG)JON tmix 5 6475,16, W I7f3.a2 Fr. to Ttlli aUWLQLffGMWQ mEka CONTWLINQ S 64'25.16' W, 25,00 FY.; 111twer N 7870'30- W, 319.$2 Fr. TO OIE LINE OF CKWAIE LOW 101 OF nt.CAsmr I?ARBOR AS DERIVER M014 LIEVAF40NS MEASURER ON 08-02-05; 114ENC! N 31.45'Jd' t; AttWC SAID LINE OF EXTREME LOW ROE 240 o Ff.: 111TH L' CONIM4MIC At LING SAO L:NI: N 4#'4.1'440" E. 54.58 FT;; n1ENCE S 2978'36` E, 32d.00 tt, to mr ELM E-0C-ftL0hMU- m.11 Xinters Co_-, Inc. 01 A St*tVCY UAOE- Sup VT V/ 10 A1 W IN CDNFORLIANCC ! 111 tr RIE' SURVCY NECOM)INC IAAIES FWMIA. `. ldfE41 Ovr, toi S*'QDIu, WA, SL'IIIt/ti Pll.itd3••rldl ' MAR 1 2000 FEB -20-2006 10:24 AM PLEASANT HRBR MARINA 3607964898 P.11 0 • • r clRiifiCAIE OF ACKNOWLEOL S1ATC Of WAININCION ss. County of lhura-4-1-Y On this of 11torss&ally appeared b re w KALCEN COTTINCA K, to se known to hay algnaturs aulhoriastto& delegated to her( riga for ANNIFER M. BELCHCR, the Commissioner of Public Lands, and ex offICIA idnialstrator of the Oapar1a44t of Natural Resources of the stats of Yashirgteh, the department that executed the within and fore0ing WtrWeent on behalf of the stats -of Yashih0ton, and ackaewladged said Iastrusent to be the free and voluntary act aa,d deed of the stat& of Washington (or the vies and purposes therein mentlooed, ind ee oath stated that she was authorized to execute said instrument and that the teal affixed is the official sell of tha Comissio er of Public Lards for the state of Itashingt&&. IN UllN(Ss 1111EREOf, 1 have hereunto set sty hand and &(fixed my official seal tho day and year first above written. sEAL >TAAY PU�4111 stats of Yasklhglor KY Comisslen expires Z! CERTIFICATE OF ACKIONLIVART ttsSEE/ASSIOIIOIt STATE OF h9j11. ►; } as. County of �r�l•*-} 1 / On this 2,�—A dsy of lelypersontily appeared before Of 1�IAu14 A%,, ,"ltyy)f' , , to me known to be the &f the c fro tion that executed the Within and foregoing Isslratat, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the vset and purposes therein mentioned, and on oath stated that (he/ahs Mas) (they-ww") authorized to execute 6414 instrument for said corporation and that the seal affixed is the corporata seal of said cerprration. IN UITIKSS VHEREOF, I have herounto set ■y hand and affixed by officio) seal the day and year first above writtua. :O•olt�le �xkiblar Q MiL 3 ua',c' 'a, L vol. D4. n FEE -20-2006 10:24 AM PLEASANT HRBR MARINA 3607964898 P.12 rr< � C(Al if KAI OF %+L' AS51 NalErovttOc $TALE Of W014.11 sa.' county of :ir�<+� r tu� -Al s tt , 16 personally appeared before 00 1� day of On thin F :]t to oe known to be the the within and fordgotng tastruetnt. and ackn of the corporation that executed load Inslri+aat to be the feat and voluntary act and deed of said corporation, fee the on tcorporationaand uses and purposes that MI iffixed)it uu+enteds afor said nd 7eth9 ecuteth4rlaid nsiip the corporate sea] of Slid Corporation. IN sAEREOF. I haveharaueto sat my hand and affi&ad my official 1841 the 44Y and year first above SEAL forte �tMuro+ospt of it etatt yp00i t.laM �) w lay Camolsstoa expires CERT if ItAI OF AVIMEDGMENT ASST NU •f• $JAIC OF ss. County af'P:i�"k'' . G p de of 1111. i ' 19�r`, Pgrsoallly appeared before u this r, `art fct .0" �u corporation that executed the within end foregoing Instrument. and acknowledged �r-'•i 1.• �'An: , t0 aN known to b. theOf the 1414 instrument to be the (rat led voluetlry act and deed of Bald corporation, for the on oath stated that (Ws" vas) (t' was$ uus and purposes therain mationad, and said IA{true+eat for said corporatloe and that the 1911 ifflx9d is autharitad to execute the corporate Seat of said corporation. IN vllafSS I+itt0.EOf, 1 hav9 hereunto set my hand and &(fired my official 1041 the day and year first above written. NOM PAWpU 1C a e forfor l�ii etaashSiyl�— w/.dpaalpw,�tptaNlWi.ltaa {tat! Of KY CONAISslon axptraa A YO.0121fa a Qlt FEB -20-2006 10:25 AM PLEASANT HRBR MARINA 3607964898 P.13 VOL 598 �A., 893 fxnlal A paragraph 1.1 It modi�led t@ provide as follows' I l jLM, ihis ides shall commence oa the Ise day of January 144+ and continue to the' Litt dty of Cectober 10t/. Paragraph 3.1(1) 14 modified to provide as follows: 1, l (3) Lesser tM11 ply intartst at t a rate o one PtrcenL 1111*014"'t sant (or At sue 4Mnti1t0aid, on bROnt or wthoriesd by statute subsequent to the 6ommeacem&m Cate hereof), day the date such other sums owing under the varus of this lease Ceewocing the next after Ront or ether sue Is due and payable. In the event Stott Pays any sur er tocurs an yy which is $ado on behalf of axpenit which Losses is obligated to pay under this leas$, err demand, Lots*&, U interest there♦$ditroarthaeceive datsOofblxp$ndltur$eatotM�t$ess"upon ststo above PArtgraph 1.1 is modified to provide as follows: 4.1 'Slale inill have aces: to the Properly at all reasonable flus for the with the terms and condit(ons purpose of sespoctSng the Proparty and securing coopilanct of ibis Lease. State shall exorcise Its right at access in a m meer that will not unreeteathly iaterfare with Lasseo's paraitted use of the Property. b iia right reserved In Subsection 4A(a) above includes the right to perform or iavestlgatlont as State. in have performed such environmental tests. audlts, surveys or its cele dltcretloa.dews appropriate. Such tests. audits, surveys, er investigations sAy intlode. but shall not be limited to, the detsraination of whether losses Is Iroparly storing, 11 or dispetiag of Matardout Substances, as Wised in Subsection {,S(d) below, or of refuse, as defined in SubsectiaA /.i(b) below. (c) This reserved right imposes he 00119atloa upon State to alta inspect€ams, llabilttz upon State for tants, audlts,-Surv1pa, or iavestigqattons and shall impose no r In addition to and saperite from Lessee's gat6IS oa{1gallto oe do test uyadIt trr&Snbsrvtd • follows: Paragraph 43 it aodiflod to provide as 1.6 rictiong on USA. As Usset sal, st its we expense conform to all apyllcabla laws, directives of any public authority affecting the .rag vlatioes, pormlts, orders or other Property ar Lessee's use er 0Ccupatien of the Prapertr�r • I. Losses shall, at its own expense, tala all rsyuletory or proprietary 0m conseAts or t rivals required to be obtained from aopublic outharlty or third party in comactfoe wit any work on the Proptrty (Including, but not limited to, the coastrmctlon, repair, or roptacemant of a Improvoaenta) or lessee's use or occupation Of the Property. 3. Upon the $Late'& request, Lossae shall provide, a Its mum expanse. tvldenCt sl cap iliacs with $wasectlons l and 2 above (including, but not limited to, copies of psr■11s, ltcensea. er orders)• C Leslie that) correct• at lotsoo's own expense, any failure of compllanu with the terms of SUbsectioas I through 3 above. (b) Rt(M, lessee shall not Rake or suffer to be made, soy filling to of the Property of any deposit of rock, *arch, baiiaet. rafuse, garbage. vista natter (tncludtng chemical, btologiCAi ar toxic wastes). hydrocarbons, any other ppollut4ots. or other matte is approved in writing by 4latt. if Leis" shell f&" Within or upon the Property, except to remit 411 aoaappQroved fill material, refuse.- garbage wastas or other of the about woriAls fro• tau Proptrty and nttore the Property to Its condition Immediately prior it the deposition of the unauthorised material. Losse& agrees that State may remove such materials mad charge Lassa for the coat of removaland disposal together with Interest _ thersaa from the data of txpeaditure at the rate sppscifled in Subsection 3.1(3) above, LIstas shat) neither Commit nor suffer (c) At all times during the term. Property. waits to be eowtlud to the (d) 1. less++ she no top, est, $pose. transport, generals, and/or sell v, ew or hare,&after designated As, and/or containing or about OR Property, any Substances compoeents now or areinaftor dasignited As. And/or which are subject to regulation as. hazardous, toxic. daegtrous, or hAref-il by 1"y Worst. Stitt er local low, regulation. statute or ordinance, including but not limited to ILIA. Cj KtA, SARA, and the Washington Modal toxic Control Act (her$Inaftitr c0114Ctively referred to as 'Naz&rdoua Subs tones s`),_. in violation of arty Such law, regulation, statute, or ordinance. lfluy� $ o F 1V VOL 598 �A., 893 FEB -20-2006 10:25 AM PLEASANT HRBR MARINA 3607964898 P. 14 • 2. leu ei .mall promptly notify Slate of�i, spills or releases of any to be reported to Any federal, state, Nuardous Substaacgt. which are otheruilssrequired or focal regulatory a99eaeY and, upon notie4 tbrsef, shall promptly astify State of all (aiturea to comply vith any federal, state, or local law, regulation or erdisaacs, at now inspsetions of the property by any enacted. or a subsequently enacted or Amended. all or fines. end all or or the r oreposadetolbeotaken iAteridecleaaupantitictilesrtakie by obysspy yovoramset, entity private party ea the property. 3. to Sea agrees to conduct, At Its own expanse 411 tests, is. during the Term �f the 1,4111 at surveys, or lavestlgatisns requested by State, la writing, of euArdeul Are reatanAblA and ntc4slary is ascertain the axistaoce scope, or affects Substaacot eo the Property, adjacent property, or associated saturAl resources where Stitt has rsaton to hall the Substances result from or ire associated with Lasite't lluardqus use, occupatios, or tootro `of the property of adjacent property by Lessee, any lasses, or any entity "Uted to Losses, +red to provide the predecessor-ice-int&rast of results of such testa. audits, surveys, or lavastigstioas to State, if Lassa fails to conduct such testi, Stale may conduct such tests end stats shall 44 entitled to receive full roit,burseagit free losses upon demand, together with interest thereon free the data of expanditure at the rate stated above. c, lasses $hail bo full and < lately liable to State, and shall waive Any cities Against State for coal ibuti441 or of awls*, and shall Indemnify, defend. and tav& barmiest State and Its Agencies. employees, officers, directors, &ad agents with pact to nay and all liability, dwool (including dam& as to land, aquatic life, sad r1t1h 0er Atural resouress), expanses, c&4666 of action, suits, claims. costs (including testing, audltlay, survey in and Tree}stlgatloa togas). fess (iaciudtnq atterpoys' fees criminal), sed respansa, cleanup, or rsmadiatlon costs M casts), etaallla (civil sad Au seed against ser Impeted upon Lessee, tate. or the property as a result of 1.41214's sats eontr4l of the property, or lasseo'4 use, disposal, traelpartationgeneration and/or of Hazardous Substiaces or that of Les1e4's 11111100411, agsats, assiglyns.sle saes, contr4ctorl, Subcontractors, licensees. psrmittaa, or laviteas. and any breach of this Subsection 4.6 d). (e) leasee shall to addition to c�o1&p1 jancs with all other applicablle taws 1 repo a ons. comp' with tete Narins plastic ►s3 Julian Aeseerck led be $monoy Control Act of 14111public law 100.224). Under that Act, Latta qty required other thleegqs to provide waste reception facilities, yermlt Coast guard Inspection of the dl$peeltioe. &dequaeY of chase fact 1Ij!es, and rsvide for waste handling sad (fl 'Atilt to I1ka commit The parties expressly agree that less&* wilt, it its oweexp�++Ase, upon say failure to comply with the Above direction to do by State, take corrective or Subsections 4.61 1 -(a), and upon so property. as nearly as remtdiatiea action ima$eres satisfactory to State to restore the possible, to tks coodtttoa the property would have boon In absence of such failure to comply (with lack eI or failure Io expand funds not td adversely affect the possibility of restaratiae). If tries fails to-do see, lestee ayyreos that State may take such corrective action sad Slate shall be entitled to retells fu11 reimburses at theraforo from Lessee U distend t ether with interest thereon from the date of expenditure at the rats in Subtec((11 i.l°3) abov 91 and �4Sa Act At its own oKponte, Lessee shill conform to all apt coble ave, regil at tai, permits, orders or other directives of ANY public AutMrlly Affecting the lrOperty or the toilet's ala or et:eupati0e of the Property. including, but aot limited to, laws of IM, Chapter 200 (an Act Alattng to Oil and I Hazardous substances). 11 appplicable, let as shall c0eply with alrequirements of laws of Slot Wptar 200, lacludIbut not limited to, operation In accordance with the regeirei pile of aparAlloas Alnd ■alatt ineo of concurrent plan of oparotion. Paragraphs 5.3(1), $.3(2), S.3(3), and 6.4 are modified t0 provide as follows. 5.0 1 jj,i Ilitlfll FINICIAL Sf6UR1TT (a lessee $hal) Indemnify and Save hermits & the. State, its employees, officers, and ageals from Any And all liability, damages (lneluding damlgel to land. aquatic life, and ether natural rezamrces), oxpaasas, causal of action, suits, claims, casts, feet lnciudfn9 atterasys' fees and coact), pe0&lues (civil. administrative, apd crlmtnll},orud�etnts, or caatro1 by ono reasas whatsoawar caused, arising out of the use, Otc�patloa, ifRlceesal, tthe property y Lessem, its sublessees, inwlta$ agents. 0!.pploy:", or the State or permittees f1cept a mayarise solely out of the willful or nog lIS* at act of the Stata's tletied officials, employees, or agents. jCV 4.24.115 is to any lnde'tnificatlea provision (b) Ta the extant that a pticablo Net tosses to of this tease, Me State sad lasses agree that provision shall not require indemnify AW saw* the Stale harmlpst from the Stitt's sole or concurrent neglUgenct. 5.3(1) !cMviliti f insurance N11cial. At its Dun expense lasses shall procure and MAInLain dartthe el rm os 111, Cast, 1,M lasarane describ44 le Subseettans insurance company or S.3(21I+1 And (b) 6Alaw• This ia,urenu sh/11 bo Issued�y an PO.012TIa a `• y�i�01�1, or- 1t) � r L-006 rf ( uM.�B.l4 ,),�,q FEB -20-2006 20:26 AM PLEASANT HRBR MARINA 3607964898 P.25 • • • t0ap+■las Itc4osad So �W 'Sind $% in the Stitt of Washing. . reasonably satisfactory to the State - (41 (+) (Comprehensive Geearil tc ttartn4 IL Cemerei+ + ty asvrtau 'Over nq a e a as with respect to tmlvrfec to 66trtoos or d uu9• to vvro arty susthiaed in or about the Property sold say Improvements, britt of liability sbalf be not less than 11,006,000 for •tel, occurrence and out 1469 than :!,000,000 annual a4pra Ott. Such It�elks Maayy be acbt■vad trrQrough the us• of umbrella liability inturance` int tbeisaew tlwi�lst�tvslWtioalefttkebl4nta 514th #;) As + condition of approval of assignment or Sublets of thts least' til) Upas any breach of Subsectioas e.6(8)•(d) above, lv) Upon a change in the condition of any improvements, or r) Upon 4 ro4uast by Lessee far a change in the Permitted Use. Now or modified intunaca coverage shs11 be to place within thirty (30) calendar days after adjust ant. b; the Stale of the llult of lfab111ty'1sical property damage insvraact 2. aha tlII�: cortrinq all nal and pplrsaaa property, ext �a�nQQ proper y pai4 for by sublttsses or paid {or by lessee for wAtct� sublusaI have relabursad lasses, located on or constituting a Part of the Property {>• as amount equal la at least one humdi•ad per (100x) of replacteeot value of tit such property. with commor11lailY reasonable deductibles. 3. tatas ng on o er's Compuualion coverage, as appllcaelt, with raspect to any s o work by amployees,ef Lessee on or about tie Property and any ;eprovereels. (it) loagtkon unit Harbor Worker's Act and .loses Ilei coverage, u applicable, with respect to my work by tMp10I of Losses on or about the Property and any trpreovameats. TfjThe polietas required under Subsection S.3(!) shall name the $title AS to a oea insured (except for State of Waskirgton Worker's Compensation cevaraga). lltate shall provide certifteAtsl of iesuras and. if requested. copies of policies to tit Stitt. Receipt of such certifi'at•m' s or policies by Lha Stitt dans not conititute Approval by the State of the terms of such Policies. Further, all Policies of insurance Alscribed in Subtecil 1.3(1) 1h4112 1, to Written a4 primary policies mot contributing with and not to axUit . of covtrag■ that the Steil may carry( 2. txprassly provide that such 106ueanct mayspect mot bo eutarlally changed. Amended or canceled with reto State except after forty-/tw OS) calandir days prior written notice from the insurance company to Stall 3. In regard to physical property damage end builder's risk coverage, have an andortomeat tunttinitq as express waiver of any ri ht of su etb �r pogation by the insurance caapaay ►gniobtli `. the relirdad the to, physical'prop4rtydoffdometatand,builder'ssor Ill coverage. anyrsctlor a/gl�grahata�Qlassl4rance whitchpsightds of any otherwtsotranitoss lIn i forfeitureable toflsaid i� Iniuraactl S. [xpressly provide that the Elate shill ant he required to Rave aaitca Of a<cident11 arfi.!r'aand regardthat tothe phyti'AlShall proptYthave daamil and builder4a rt ksCoverage. axprassly provide that all proceeds $hall bbee paid Jointly to the Stits end Lessee. S 3(1) �� m. , if eLesseeMon fails to procure And in ulnlaln tlu iasutA rtnca 461111, e 3 ve, the11'&t; i a have the rtgLe se procure and o the St substftuti insurance end to pay the praalues thereon. Lessee shall ply to the Stott upon dtman4 Aka full amaw++t paid by the State, together with interest tharson at the rate provided In SubsectiolaS SAM frog the data of such expenditure by the State until reof by 6.9 8 all is t toQ$htll pease Lassen shall procure and asintain a corporate Surety bond or provide other flttanciai security satisfactory to the State (the 'bond') Im an an at loof 8"AI to 15,7110.00, which 141,11 lacure the full perfbrswi'e by Lessee; of lin otce�pttble under this Lease. The Road shall be to a form and issued by A surety COR Y to the State. The Aasu untsOff t t Bond am time ii eMalumitOnS tdtke Ktntthe stit•: 2. Aa a condition of approval of asslgameat or sublease of this Least, 1, Upon any branch of Subsection$ /.6(a)•(d) above. t. upon 4 change in the condition of any Improvemonts, or S. Upon i request krr t•sset fur A change in lht Permitted Use. A naw or 'modified 001141 Shall be dalivertd to the Slate within thirty (30) calendar days after Adjustow by the Slate of the amount of the Road. (k n ear def+ult by Lessee In Ili obllgatlent, under this Leat:, any air all of aha Bond say be apprepriaUd by she SUte to offiat the liability of tessu to the Siatt. 7 0 F 10 .313 �..1 ��D W., • FEB -20-2006 10:26 AM PLEASANT HRBR MARINA 3607964898 • i ' The State's approDriath� :,tali layAo"way lI's lt the lsaet;:.y er ether security or eblleetlant • Lessee yr the rights or N+edioi of the State pvr :hail truth al�ropriatlea fA say sumer refill art at relieve tIssai fres a,, eImisatioa of its rights under this ee.1. "n.j,.}{i.k. ,� (c) lessee's fellurar t6 he" o jioad ip'"fprcewlill used during the Toro to the lull Wunt is required by this paragraph shgt .cealtttstf a breach of Is Lassie. Paragraphs 6.18, 6.11 ?&W 6.12 era.dMd �: prow di u,fotl•wsi,.. •y': . e.10 ed.� 4 Any Midip ova r by Lo;see rithout-the axpru s written consent of ftatosk ll hot ionst�tiL4 a raatwal or axtesiloa of this Luse or give Lessee any rights in or to the prefsarty and this lease shill tsrsle&E* without further notice at the Termination Data. Such coeupmey :bill be $a act to the'saAie tors and eoodittons as set forth herein. At State's option, feat may be chi ad for each loath of occupancy, or any portion thereof at a prorated basis equal to ens busdrod sixty percent (160%) of the Du ' &&et of fall hir wrket Mot duo for the tact Hoath of the ten► of this lease. 6.11 if L stat shall, with the written cmisat of Sate. holdover after t e erre aat ea ste. tho resaltiag tenancy shall, oniess otherwise outually agreed, be far an IndeflAite a period of time • a monik-to•mantb bas.ts. Dura such eapth-to-seath toaaaey, lessee shall pay 1tats Rent A: prOV14641 heroh, unless a different rate shall be agreed wp", and shall be bou.d by all the tort.: of this Lease. i.i!� All Obligations of Lossie to be parforised after the Terettaati*A pate shall .1.tCeiie upon the TermiAation bf this Lasa. And shall continue as obligations until fully performed. All elauAss of this Lelia Well requlre performance beyond the Ter■lnitlen Date shalt survive the Termination Data of this Lease. P. 16 V, %. FEB -20-2006 10:26 AM PLEASANT HRBR MARINA 3607964898 DSPART:d$NT OF NATURAL RMOURC89 eatAX J. e0yu—CONNIU11WLR or }ueue LANOA aMOPM Wo.k6lu# eaaa# • • Lease Assignmeut Far end ;4 (Nuiderdtioa o/ the sum of Mr Md and rsiusbls coca ret oa rite hrrtinalter named assttoor— herroy assi/ni .set! tette and trantler alt�tsksar! i is rijht, title. and interest i4 and 14 that ponied of the bra bast N eenttt SM herein described. • SEEjAgiEO uAID, Wa)M J, Uff s. at Trustu of the Wayne K. WHO Sepsrata Property Trust s.,has address is Is_0 L pleasant Ilerbor Karisu d - Iwo . fu.et ArJvAaaL wA"Ito + and sold aui/nte_ hersby binds and obi/gates lAtRutt(lbat*arly+btNdartitMtll►YSV to perforst all the tonditions and eownonrr of said fears or temente. /n the hent tht auil4te is a torporatio4, and if at any time during the term of this lease any part or all o/ the corporate shores eight assil+tet be Iteruterred by rale. atoilnmeas, btqum, inheritance, opera- tion of tam, or ocher disposition so at to result in a change in the prolong control of the a++ilnet by the person or persons eau omnint a majority of the corporate shares, such chant# shelf be deemed an asbignment o/ this itase, mhith, to become lejally effecliw. requires !ht prior written appraaal a/ the Deparrment of Hatutal Resources. {pprssaot o/ lAis sttignrn:rat ly the t>epartsesns is not a discharge q/ ihr osoilnor or aolignar i surety from eni or an flaballes, obli mans, of duties (ncurrrd under the 004040 or lease prior to rhe date of constRl of We oltil4meni. Assig4mc61 Apprtu+ed: Dole N-iZ-a1 Sr -TC of WsbNlnl3TOst 0190-ARTWENT Or ?44TUaAL fIESQUACCs t Rv _._ >;1hCt4 'i* Y ]kKi:RA7tAkikt tYYtl All Ann J. Mor n, lisnagar Division of AsWatiC Lands Dated thisK day of Juna A.D. it AL VALUE TRAJW(k CORPWTION, a Cal oraib eorpOeatia Willlasa 1, Dysart, its easier tV�l Mr wAYNE K. 1/�AAR!S WARATE PROPERTY TkUlf" Kaynv�. �Iatr rU jb�i...�„e. 'At AlAigftfs "ir.w.r,...,..0 be mdatited. Use apprupriatf form on merest side. VOL P.17 .'. 1 20L%% VOL P.17 FEB -20-2006 10:27 AM PLEASANT HRBR MARINA 3607964898 sTATZ ar .Aaltttt«..r nZPARTMEN'T OF NATURAL ,ZSOURC>r.l' 4alA74 a. rortc-.cpltMI&O 1101 wsUC tAt+ol .. a,.,.., *•are... sites ,rots c.►atttvttt • • .ease Assignment FV dAd in ronatderatton of the twm of the hereinafter namtd am4no —L horror dsig(A--_ Jet,...,, 4"r and uanaler ail of this/herr (their) Fight. title, and inures& ik and to that poausn al the least or mntracs Yo. 211-012214 hrraan tacrtbed: Sit ATTACN((Q vola: oo Yely Transfer Corport>�fin, a Califorala CorrWoa -- 4Ao/e address LI and said weynec-JL hcrcby bind& sod obtltatee thinuelf/Aaaif) (tltemertuts) to perform on the conditlons and couenants of said teats or cantraet• in Ike wem the amines is a torperataan, and i/at any time dwirst the tarns of this lease any pars w @11 91 the cotporase shares of the asst{ora be rraws/erred by sale. M&ttna•ent, ►*quest, inhtritatue, aptre- tiaa ttf law. ar cher dt&potitiar so da to rsmlt In a CAW$ in the presenr oonsrot at the sm4asee by the person k patios noir otwsW a mafa(ty N the eaparard thacs. tush chw,te shall b♦ dsttrud oaf atsttnntent of this !jolt, teh(ch, to become letailY effttttde. rtquuct the prior uwittsn apprvual of the Drponentrts of Natural Ae&ourcee. .4ppro al of this dssifAmtnr ►. the Department is not a discharit ep the asutna of asutnar i &uretY /rpm ■,or all tieWIldts, o►t! artone. or duras incurred tinder the ttMttatt Of lease prior to rhe date of content of this assttnm -ts. A&sitnnteM Approved Dots 11.12. -It, ST.Tt Of WASHOd ort DKPARTMUff cA NmpA t. A"oumn Ay Ann J. No, n, ManWr Division o Aquatic lands Opted this . Z Oar of ja to 0 1 1#�F I Value Transfer Corporation,'' a Cal fornia corpor§tiM •Wil oat . Dysart ,• its President .I+ ?> 1 a 1 w_._.. -VOL 1398 a;a 898 P. 1'S Department of Natural Resources • 03 -AQ RGN-022803-20 CONTRACT COVER SHEET Review/Signature list: Brief Summary: Pleasant Harbor Marina has undergone =c) er Review)TrA j fir'' much expansion over rile last few years and recently has rland, commissioner of Public La had a change of ownership. The current lessee declared bankruptcy and foreclosure proceedings thus this lease ❑ v . assignment. From Division/ Region, Aquatic Resources Division Ori inator/Contact: Martha Hurd Phone: (360 457-2570 Extension: 221 Date: 03/26/03 Subtect/Agreement No.: 20-012714 Type of Contract: Other, (if other, describe):-Involunta Assign. of lease Contractor -Name: Pleasant Harbor Marina Ori inal Contract Amount: $21,061.69 ear ,-Original Contract Term and Dates: 01/()1/9412131/2024 Amended Contract Amount: N/A Amended Contract Term and Dates: N/A Funds)/Appropriatlon(s): NA Prgm. Index: 39x Trust(s): Aquatics project Code: NA EXPENDITURE Obaect Info: NA Sub -object: NA Do you wish to have these funds encumbered? No (If yes, please contact Flnz Fund(s): NA Trust(s): Aquatics MENUE Revenue Source: NA Sub -source: NA' questions or updates regardln9 thts form, piea�e � arra Amold at (360) 902-1055. If you have any 4 zoom Iva 69:z1 90/zz/zo • ' STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands Olympia, Washington 98504 INVOLUNTARY TRANSFER TABLE OF CONTENTS SECTION PAGE BACKGROUND...................................................................................................................16-1-A 1. ACCEPTANCE AND INDEMNIFICATION...........................................................16-2-A 2. NO RELEASE...........................................................................................................16-3-A 3. MODIRCATION OF LEASE AT TIlvIE OF TRANSFER.......................................16-3 A 4. WARRANTIES.........................................................................................................16-3-A 5. CONSENT TO TRANSFER BY STATE.................................................................16-3-A BACKGROUND............................................................................................................................1 1. ACCEPTANCE AND INDEMNIFICATION.....................................................................1 2. NO RELEASE.....................................................................................................................2 3. MODIFICATION OF LEASE AT TIME OF TRANSFER.....................................:...........2 4. WARRANTIES...................................................................................................................2 5. CONSENT TO TRANSFER BY STATE.......................................................................2 • cooim YVA 00:cT 90/ZZ/90 • STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands Olympia, Washington 98504 INVOLUNTARY TRANSFER OF LEASE NOTICE OF AND CONSENT TO TRANSFER NO, 20-012714 THIS AGREEMENT is made by and between the STATE OF WASHINGTON acting through the Department of Natural Resources ("State"), and KMC INVESTMENT GROUP, LLC, a Washington limited liability company, whose address is 306 SE 15th Street, Gresham, Oregon 97080 ("Transferee"). BACKGROUND A. Lease No. 20-012714 was entered into on the 1"` day of January, 1988, by and between the U.S. SMALL BUSINESS ADMINISTRATION as Lessee and the and the STATE OF WASHINGTON, acting through the Department of Natural Resources, as landlord ("State"), and recorded with the Jefferson County Auditor's office under recording number 377055 (the wee„ B. The lease was previously amended by assignments respectively dated June 9, 1988, March 29, 1994, January 23, 1998 recorded with the Jefferson County Auditor's Office under recording numbers 374390 and 407483. C. A security interest in the Lease was granted to American Marine Bank by deed of trust dated December 8, 1998, and by a Loan Security Agreement and Consent to Assignment of Lease for Security Purposes dated December 10, 1998 recorded with the Jefferson County Auditor's Office under recording numbers 417200, 417201, 417204. D. This amended Lease was transferred to Transferee by virtue of a deed of trust foreclosure trustee's deed dated August 19, 2002 recorded with the Jefferson County Auditor's Office under recording number 459403. The Lease prohibits a transfer without State's consent. Transferee desires to assume the rights, duties, and liabilities of Lessee under the amended Lease. State is willing to give its consent based upon the assurances and agreements made in this Agreement. THEREFORE, the parties agree as follows: 1. ACCEPTANCE AND INDEMNIFICATION Transferee gives notice of its intent to assume the obligations as Lessee under the Lease, and agrees to faithfully perform and discharge those obligations according to the terms of the Lease. too In %v,3 0o=£T 90/3t/i0 2. NO RELEASE State is not releasing the previous Lessee from fully performing the provisions of the Lease. 3. MODIFICATION OF LEASE AT TEME OF TRANSFER The transfer and any modification or amendment to the Lease shall occur contemporaneously. Transferee acknowledges receipt of a copy of the Lease and any previous or contemporaneous amendments. 4. WARRANTIES Transferee represents and warrants to State that (i) the Lease is in full force and effect; (ii) Any breaches or defaults under the lease that existed at the time the Lease was involuntary assigned to Transferee have been fully cured and Transferee is not in default or breach of the Lease; (iii) Transferee has no knowledge of any claims, offsets, or defenses of the Transferee or of any previous lessee under the Lease; (iv) rents due subsequent to this assignment have not been paid in advance by the Transferee or by any previous lessee; and, (v) to the best of Transferee's knowledge, the property is in full compliance with all applicable federal, state, and local governmental permits, rules, ordinances, and laws. Transferee shall defend, indemnify and hold State harmless from any claims or causes of action, known or unknown, of the Transferee or its predecessors in interest that have or may arise from circumstances that precede this assignment, for any breach of the foregoing warranties and for subsequent claims or causes of action arising from State's consent to this assignment that may be asserted by any of Transferee's predecessors in interest. 3. CONSENT TO TRANSFER BY STATE In consideration of the foregoing, State consents to the transfer of Lease to Transferee. However, State expressly conditions this consent on the understanding that neither State's consent nor its collection of rent from Transferee shall be a waiver of the covenant against future assignments or subletting. Furthermore, State's acceptance of Transferee as Lessee shall not be construed as releasing any previous Lessee from full performance of the provision of this consent alters or modifies any of the terms and conditions of the Lease, including the requirement that the written consent of the State be obtained before any further assignment of the Lease or subletting of the property occurs. 5002 XV3 00:9T 90/ZZ/Zo rr� THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. STATE: TRANSFEREE: STATE OF WASHINGTON KMC INVESTMENT GROUP, LLC DEPARTMENT OF NATURAL RESOURCES By: By: [ 1 William Kauffman Type or Print Name Its: Manager Its: [ 1 Dated: [ l Dated: [ 1 P%DATA"?ORrMOCUMWnVA"-=KOMIMV OLA STATE OF WASHINGTON ) } ss. COUNTY OF ) I certify that I know or have satisfactory evidence that [ ' 1 is the person who appeared before me, and is the C 1 of the STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES. I further certify that said person acknowledged the foregoing to be the free and voluntary act of the STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES for the uses and purposes mentioned in the instrument, and on oath stated that [he/she] is duly authorized to execute and acknowledge said instrument. DATED: [ 1 r 1 (Type/Print Name) Notary Public in and for the State of Washington residing at: My Commission Expires: STATE OF WASHINGTON ) COUNTY OF } I certify that I know or have satisfactory evidence that [ ) is the person who appeared before me, and is the [President/Secretary/Managing Partner/General Partner/ 1 of [ 1("Transferee"). I further certify that said person acknowledged the foregoing instrument to be the free and voluntary act of the Transferee for the uses and purposes mentioned in the instrument, and on oath state that [he/she] is duty authorized to execute and acknowledge said instrument. DATED: ( 1 (Type/Print Name) Notary Public in and for the State of Washington residing at: My Commission Expires: STATE OF WASHINGTON ) ) ss. 10 COUNTY OF ) I certify that I know or have satisfactory evidence that [ ] is the person who appeared before me. I further certify that said person acknowledged the foregoing instrument to be [his/her] free and voluntary act [of [his/her] marital community] for the uses and purposes mentioned in the instrument. DATED: [ 1 [ ] (Type/Print Name) Notary Public in and for the State of Washington residing at: My Commission Expires: too in xvA oo:sr soizzizo JEFFERSON COUNTY HEALTH AND HUMAN SERVICES ENVIRONMENTAL HEALTH DIVISION • POLICY STATEMENT NUMBER 97-01 PROGRAM: DRINKING WATER SUBJECT: RAINWATER COLLECTIONS 1. Effective this date the following policy shall be adopted conceming the use of a rainwater collections systems for proof of water adequacy for a building pen -nits. A. Rainwater collections systems (catchments) will be accepted as proof of meeting water adequacy requirements for a building permit as stated in Chapter 19.27.097 RCW, provided that the conditions outlined in this policy are met. All designs under renew shall be submitted for individual catchments systems only. It shall be the applicant's responsibility to demonstrate that the catchment systems provides adequate supplies of potable water; Jefferson County assumes no responsibility in the events of failure of the water systems to provide potable or adequate supply. B. Requests for review of catchment system designs shall be submitted as a catchment system design report. The catchment system design report shall be reviewed by Environmental Health Staff. The Report shall, at a Minimum, • address the following: 1) Estimated daily average and annual water demand based on an occupancy of two people per bedroom for residential structures. In the event that water usage is projected at less than 45 gallons per person per day, the report shall document how the use estimates have been derived. 2) Annual average precipitation the location of the proposed structure. 3) Catchment area required based on 1) and 2) above with allowances for losses in the system and dry years. 4) Required storage volume based on a water balance analysis. 5) Storage tank conceptual design which provides for protection of the water from contamination while in storage. 6) A detailed description of a treatment system that provides for disinfection and filtration sufficient for the removal of suspended solids and cysts such as those of giardia and cryptosporidium. C. In order to receive approval, the catchment system design report must demonstrate that an adequate supply of potable water will be provided. A copy of the report shall be retained with the building permit record. In addition, a notice shall be recorded with the property title. The notice shall identify the water source as a rainwater catchment system and specify the daily capacity of the MAR 1 2006 J tLCP .7 • 0 system. The notice will not make any assurance of continued supply of potable water. A continued supply of potable water is assured only with appropriate operation and maintenance of the water treatment system by the owner, and with sufficient rainfall. D. A combination system uses both a well and catchment system to meet water demands. If used a proof of water adequacy for a building permit, a combination system may mix treated catchment water with well water provided that the catchment water is potable and meets all the requirements of Section B, above. E. Combined systems may be constructed, and are encouraged for uses other than a proof of an adequate water supply. If used, there shall be no cross -connection between untreated catchment water and potable water supplies, as per universal plumbing code standards. II. As a part of the Growth Management Act, RCW Chapter 19.27.097 requires applicants for building permits for structures requiring a potable water supply to submit proof of an adequate supply of potable water for the intended purpose(S) of the building before a building permit may be issued. State Guidelines developed by the Washington Department of Ecology (DOE) and the Washington Department of Health (DOH) established the following criteria for adequacy of individual supplies: * An adequate supply of water is 400 gallons per day for a single family residence. * Potable water conforms with state drinking water standards (at a minimum, bacteriological quality and nitrates). * Whole house treatment is allowed, and is recommended if water quality does not meet drinking water standards. * Alternative sources of supply (including catchments) may be adequate if all other criteria are met. Jefferson County resolution 99-90 adopted the guidelines for the purposes of administering RCW 19.27.097. The Jefferson County Board of Health adopted Policy 93-02, "Water Availability Requirements for Building Permits," which is consistent with County Resolution 99-90. However, neither of these policies directly addressed the use of rainwater watchment systems to establish proof of an adequate supply of potable water. The catchment policy more specifically defines how Jefferson County will interpret the conditions required for alternative sources of supply in the state regulations. Health Officer Chairman, Board of Health 5/21/97 Date 5/16/97 Date M!LEA�SANT ARBOR RWA! ala ALM • TABLE OF CONTENTS INTRODUCTION 1 SECTION 1: DEVELOPMENT DESCRIPTION 2 SECTION 2: PRE-PLAN EXPOSURE CONTROLS 4 DefendableSpaces........................................................................... 4 Creating Fire-Wise Landscapes ••••••••••••••••••••••••••••••........................••• 6 Within 20 Feet (6m) of All Structures ••••••••••••••••••••••••........................•• 7 Beyond the 20 Foot (6m) Fuel Break Area .......................................... 7 FireSafe Storage.............................................................................. 8 Roads............................................................................................... 9 VehicularAccess.............................................................................. g Specific Design Requirements ••••••••••••••••••••••••••••••............•••••••••••••••••• 10 Roadways....................................................................................... 10 Shoulders....................................................................................... 10 Parking............................................................................................ 11 Dead-End Roads............................................................................... 11 Driveways........................................................................................ 11 GatedEntrances............................................................................... 11 Signing Streets, Roads and Buildings ••••••••••••••••••••••••........................••. 11 . Fuels............................................................................................... 12 Water Systems ........................ • • • • • • 13 SigningWater Supplies...................................................................... 14 PowerSupply................................................................................... 14 SiteDevelopment.............................................................................. 14 DebrisBurning................................................................................. 15 Guidelines for Planting in Developments ............................................. 16 PrimaryFuel Breaks.......................................................................... 16 Secondary Fuel Breaks...................................................................... 17 SECTION 3: AUDIT OF PROPERTY RESOURCES 22 Fire Department Access.................................................................... 22 MetalRoof Tiles............................................................................... 22 Non Combustible Siding..................................................................... 23 FireSmart Program........................................................................... 24 SECTION 4: OPTIONS TO HOME OWNERS 25 Portable Fire Extinguisher ••••••••••••••••••••••••••••••••••••........................••••• 25 Automatic Sprinkler System ••••••••••••••••••••••••••••••••••••........................••• 25 Fire Caddy and Trailer...................................................................... 26 Fire Caddy and Flameout................................................................... 27 Hose Caddy and Flameout.................................................................. 27 Roof Caddy and Zone 1 Sprinkler Kits ......................' 28 Just in Case Fire... SECTION 5: FIRE EXTINGUISHMENT l 29.- 31 SECTION 6: APPENDIXMARZ i � FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT SANT OR NAM INTRODUCTION Living in a Resort Villa or Alpine Town Home surrounded by nature's wildland's, and a championship golf course can be peaceful and beautiful. All over the country, people are rapidly moving into formerly unpopulated areas. For residents living in wildland settings many safety measures are necessary to protect homes before a wildland fire gets started. Wildfires present a threat to homes in the wildland/urban interface. This is the area where wildland and residential areas meet, and where they can most be affected by each other. Although high temperatures, low humidity and low rainfall increase the likelihood of a fire, wildfires can happen anywhere at any time. They are unpredictable and no region is immune from them. This Fire Protection Plan is desi-ned to provide information for the Developer, • Jefferson County Department of Community Development and Residents to assist in the development of Pleasant Harbor Marina and Golf Resort. What has proven effective is the concept of Defendable Space. The entire area does not have to be stripped of its beautiful surroundings like some developments have done. With selective cutting pruning, clearing of unnecessary undergrowth and the utilization of proven non-combustible construction features, a beautiful blend of forest, harbor, and home can be achieved • FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT rSection l: Development Description • • The property of the Black Point Golf Course land development is a +/- 221 acre parcel of land over looking The Hood Canal and adjacent access to S.R. 101. The land slopes from the westerly areas towards the east. The property is heavily tree covered, with some open meadow areas. It appears to have had an extensive logging operation where the previous owners of the land had a Resort Campground with cut lines through the higher ridge areas. 2 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Access/Egress to the Resort will be via S.R. 101 whereby a "Lay -Way Lane" will be constructed by the Developer. The road way systems through the Resort will be a 6 meter (20 ft.) wide paved surface with no parking permitted on either side and posted NO PARKING. This will allow for good access for any arriving Emergency Crews. • The Architectural controlled Resort Villas and Alpine Town Homes will have metal roof tiles, no Wood Shakes of any type will be permitted to be installed. The building siding will be of a non-combustible nature (e.g. Hardy Board Planks: see attached MSDS sheets) that meet the Architectural guidelines of the project. There will be a Fire Hydrant system located within the property that will be designed in accordance with Fire Codes and to NFPA 1231 Standard on Water Supplies for Rural Fire Fighting through an internal pressurized system. s 9 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Section 2: Pre -Pan Exposure Controls Defendable Spaces: "There is one general protection strategy that has proved its effectiveness in every locality. This is the concept of "Defendable space". Defendable space is a simple strategy. It involves providing sufficient space between the structures and the wildland's flammable vegetation within which the fire service can mount a defense against fire. Within this space, the fire service has room to battle oncoming wildfire before it reaches structures or to stop a structural fire before it ignites the wildland vegetation. With sufficient Defendable space, the structure even has a chance to survive on its own when fire service personnel and equipment are not available as often happens during a significant interface wildfire. Up slopes can cause extreme fire hazards to any building at the top of the slope This is a poor example of a defendable space (would not meet approval) Defendable space can be nothing more than a minimum 20 foot (6m) clearance between homes by removing the "BLOW -DOWN" of flammable vegetation or as complex as a series of green belts (or fuel breaks) surrounding a planned community. Creating Defendable space provides the firefighter with a line of defense against fires an opportunity to stop their spread. Defendable space in the wildland/urban interface can be compared to the first line of attack in a battle. It is here that firefighters have the best chance to stop the enemy and win the war. MAR 1 2006 4 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Defendable space is only one of a number of protection strategies, but it incorporates a number of additional options. What is most important about Defendable space is that it accomplishes three critical objectives. • Creating Defendable space can help prevent serious fires from ever starting. By understanding and implementing Defendable space (considering issues such as flammable vegetation, building materials, access, water supply, etc.), the developer, city planners, architects, and others will be building a community that is more fire -safe and thereby reducing the hazard from fires. 1. If fires do occur, Defendable space provides the fire service with the "Fighting chance" to stop it quickly and efficiently and to reduce the tragic costs in property, natural resources, and lives. 2. With adequate Defendable space, there is the chance that a structure can survive on its own when fire service resources are strained and no auxiliary help is available. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Specific recommendations for Defendable space suggest that it should extend for a minimum of 20 feet (6m) from a structure. Within this 20 foot (6m) area spray irrigation should be maintained to retain the native trees. Trees should be pruned six feet up form the ground. There should be no vegetation or combustible storage under decking, no aerial canopies within 10 feet (3m) of the chimney spark arrester and no storage of fire wood within since wood burning fireplaces would not be specified. The consideration and implementation of Defendable space strategies should be based on area specific urban interface mapping and site specific hazard assessments. In addition, to ensure maximum fire protection and minimization of conflicts, the development and implementation of specific Defendable space strategies should be coordinated among all pertinent local municipal, county, state and federal fire protection, planning and regulatory agencies. Creating Fire -Wise Landscapes: Typically, a wiidland/urban interface problem (or what we will call a fire -prone property problem) exists anywhere structures encroach into the wildland's. In such situations, an uncontrolled wildfire can spread from wild land vegetation to encroaching structures, or can spread form a structure to surrounding vegetation. One of the most critical concepts in dealing with the wildland/urban interface problem is the concept of Defendable space. Defendable space is an area around a structure in which vegetative fuels have been modified and/or reduced to show the spread of wildfire. It provides the fire service with an opportunity to intervene in the fire prone property problem. -- FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • There are three benefits of Defendable space: • An opportunity for the fire service to succeed in suppressing a wildfire; • An opportunity for the structure to survive the wildfire on its own; • An opportunity to prevent fire spread from the structure to surrounding vegetation or vice -versa using spray irrigation techniques. Fire -wise landscapes provide Defendable space, protect structures from approaching wildfire, and reduce the potential for a structure fire spreading to the wildland. Defendable space will be initially provided by the developer, and later maintained by the Management firm of the Resort. Within 20 Feet (6m) of All Structures: This fuel break is the primary Defendable space zone. Within this zone, steps should be taken to change the type of combustible vegetation present, reduce the amount of burnable vegetation, and/or eliminate highly hazardous coniferous vegetation. The Developer has specified natural re -vegetation in areas disturbed by the construction such as species of Junipers and Mugo Pines along with crushed aggregates and wild flower mix. • Trees in this 20 ft (6m) area should be pruned to a height of 6 to 10 feet (2-4m). Space trees so that the edges of crowns are 10 to 16 feet (3 to 5m) apart. Keep this fuel break free of anything that could burn. Remove small trees household debris, brush, and ground fuels, such as leaves, or pine needles. A wild flower mix or rock garden makes a food fuel break, but must be kept watered and cut, and dead grass must be removed. Stone, brick, or masonry walls also make good fuel breaks when they are free of vegetation. They can be located either inside or outside of the fuel break area. Beyond the 20 Foot (6m) Fuel Break Area: The Developer should thin trees to provide 10 feet (3m) of open space between the crowns of adjacent trees. Prune branches away from power lines. Also Prune lower branches to 10 feet (3m) above the ground. Remove small shrubs, scrub growth, ground litter, and dead trees. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Fire -Safe Storage: Residents should be instructed to store items that could easily catch fire within the no -combustible parking structure. All units are designed for below grade concrete and steel parking. LNG or Natural Gas are not available to the site. The Developer is specifying propane for commercial use within the Clubhouse/Lounge and Conference Center as well as the commercial component of the Maritime Village. P -ii R "s =Jc= { I 8 • FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Roads: Roads are needed to get to and from the lots. They also provide access for fire equipment in case of fire, and provide escape routes if a major wildland fire occurs. Here are some important features of road design: A) At least two ways are needed to get in and out of any development. An alternate escape route is needed if one route is threatened by fire or otherwise blocked by fire engines entering the area. B) Roads should be wide enough to allow two-way traffic and roadside lay- by lanes for guest parking. Additional road surface will be needed on sharp curves no longer than six hundred feet and should end in cul-de- sacs with at least a 45 foot (12m) to 60 foot (15m) radius. C) Brush and flammable material should be removed from the road right-of- way. This will prevent many fires, since most start within a few feet of the road edge. When you clear this material, you give the fire protection people extra time to control a fire before it spreads to more flammable areas. The Development has incorporated walking pathways and car paths adjacent to the interior road structures D) Every lot will have access from the internal roads. These access roads are passable for fire trucks. There is no way to provide adequate fire protection without this access. E) Developments will have and use properly designed and approved road names and numbers. Each complex will have the number clearly visible from the road. Vehicular Access: All roads and streets will have same simultaneous access for emergency equipment and civilian evacuation, giving unobstructed traffic circulation during an emergency. Where fuel breaks and greenbelts are required, the dual road system should provide both access and egress accesses. All vehicular access and gates servicing such access should meet the specifications provided in this document. All roads should be designed and constructed according to published • standards, but should also meet the minimum requirements set forth in this document to create the ambience of the Resort Property. MAR p6 wPP.'rN • • 0 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Specific Design Requirements: Access Routes: Access routes should be designed to accommodate planned traffic flows and use looped road networks as shown. Road Easements and Rights -of -Way: Main Roads: Cul-de-sac: 1. Main Access: Two 12 -foot (4m) 60 -foot (15m) radius wide lanes divided by a boulevard Max. of 600 ft. (182m) 2. Two- 4 -foot (1.3m) shoulders from main road 3. 9 -foot (3m) for Lay -By Parking (where allowed) Road Curve: / 100 -foot (30mY centerline radius Easements and right-of-way would be wide enough to accommodate the roadway, should, vegetation modifications and other local requirements on or along roads or streets. Where necessary for compliance with this standard, easements should be registered on the required property. Roadways: All roads and streets would be graded and asphalt surfaced, and of sufficient design to support the weight of a 20 -ton (18 tonne) vehicles. Roadways would be a minimum of 20 ft. (6m) wide, and would provide for simultaneous access for emergency vehicles and evacuation of residents. Grades would not be greater than 18%. All curves would have a minimum radius of 100 ft. (30m), measured at the center line. Shoulders: The Golf Course Cart Path's and Pedestrian Pathways System would serve as an improved shoulder, with a minimum width of 4 ft. (1.2m) adjacent to the various road systems that pertain. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT is Parking: No parking will be permitted along any main road way system within the property except in areas with the guest parking Lay -By Lanes. Dead -End Roads: Dead-end roads would not exceed 1000 ft. (305m) in length in areas of extreme hazard classification. They should not exceed 2,500 ft. (762m) in other areas. All dead-end roads should have a turnaround at the closed end of at least 100 ft. (30m) in diameter. In areas of low wildfire hazard severity, hammerhead -T turnaround may be used to provide 3 -point turnaround capability. Driveways: All driveways would provide a minimum unobstructed width of 12 ft. (4m) and minimum unobstructed height of 14 ft. (4.2m) every 400 ft. (122m) along the driveway's length. • Gated Entrances: • Gates would provide a clear opening at least 2 ft. (.6m) wider than the roadway, and should be located at least 30 ft. (9m) from the public right -of -Way. Gates should open inward, allowing a vehicle to stop without obstructing the public road. Signing Streets, Roads and Buildings: All roads, streets and building would be designated by names or numbers on signs clearly visible and legible form the roadway to facilitate the locating of a fire and to avoid delays in response. All public and private roads and streets would be identified by a name or number in a consistent system that provides for sequenced, or pattered, numbering and unique naming within each jurisdiction. 11 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Street and road signs would be located at intersections. Signs would be readable from all directions of traffic flow for a distance of at least 100 ft. (30m), and should be mounted 6 to 8 ft (2m) above the road surface. Signs should be in a horizontal orientation. Letters, numbers and symbols should be at least 4 in. (10cm) high, reflectorized, and of a contrasting color to the background. Fuels To forest fire agencies, fuel means flammable vegetation, grass, brush, land clearing debris and other materials. Exposure to forest and brush fuels is a primary hazard. Clearing fuels around buildings will reduce structural exposure to flames and radiant heat. It will also give fire fighters a reasonable chance of saving structures. In many parts of Washington, large inland areas are covered with flammable brush and other vegetation. A fire starting in these areas is extremely difficult to control and can spread rapidly. A) Some vegetation and dead material may be on the ground. The more there is, the more difficult it will be to control a fire. Dense brush is Particularly bad. B) All dead vegetation should be removed by the developer within the fire break set backs. This fuel is dangerous as fires start easily in it and are difficult to control sparks from these fires. C) A fuel break in the form of a pedestrian pathway system is recommended wherever possible. Vegetation that carries fire from the wildland to the development should be removed. It can be a strip where single trees or shrubs and non-flammable ground vegetation have been left. The developer would use the road system to provide internal fuel breaks so that any fire starting in the development can be confined to a small area. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Water Systems: • 1. There are two aspects to water systems that have been considered. One is the quality and quantity available for home use. The other is the type of system and quantity available for fire protection. All water mains in the developments should be of proper size, looped or gridded with no dead end, or low flow areas. Cul-de-sacs should not be dead -ended. Hydrants at cul-de-sacs should be on a loop or gridded to eliminate loss of water flow due to high usage of the system during wild- fires. Access points should be developed and signed where fire trucks can drive within 16 feet of any water retention ponds to fill pumpers. "Dry" hydrants should be located at water sources. 2. Emergency Water Supplies: Water should be available to provide a minimum fire flow of 250 GPM (94611min) for two hours. Static water supplies should be designed and constructed to conform to NFPA 1231 Standard on Water Supplies for Suburban and Rural Fire Fighting. It is the intent of the Developer to retain as much water as possible from the site in several water retention ponds (size and location to be determined). It is also the intent to have a storm water overland drainage system in place for the dwellings. The storm water located on site will be used for irrigation and as an emergency water supply for fire fighting purposes. There is a currently a number of wide breaks throughout the property that was utilized during the American campground. The developer recommends that this break be irrigated so that it could be used as a fire break around development areas. With it permanently in place and maintained a fire situation could be kept out of the development or kept on the property if it should occur. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT is Signing Water Supplies: Each hydrant or access to water should be identified with reflectorized sign with the words "Draft Water" or "Pressure should have letters at least 4 in (8cm) high with a 71 inch reflectorized, and of contrasting color, and should be located access. • Power Supply a fire-resistant Water". Signs (1cm) stroke, near the water The safest, most dependable electric power supply for Residences within developments is underground wiring. All wiring within the developed area would be underground. Site Development A) Debris from site preparation. Debris and solid waste within a subdivision is the number one fire hazard. Disposal of the debris must be a part of the planning and should take place as soon as possible. If you are contacting your site preparation, be certain this disposal is included in the contract. At no time should debris be allowed to be burned on this site. B) Location. The location of the new homes is one of the primary FIRESAFE Considerations. Solid waste disposal should be available in the development generally; there will be a sanitary landfill within a reasonable distance, or a regular garbage collection service for debris. A) Landscaping. FIRESAFE planning in landscaping the new home site can make the difference between possibly saving a complex during a wildland fire and having it consumed by fire. Flammable fuels should be removed from around the structure to reduce exposure to flame and radiant heat and to help firefighters save your house. A firebreak at least 20 feet wide should be maintained around all structures. This break PEAR 1 2006 14 w �_iJ�nb •, r • is FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT need not be bare ground but can include ornamental shrubbery or individual trees pruned so limbs do not touch the ground. These plants should not allow fire to move from natural growth to structures. All trees adjacent to any building or structure should be kept free of dead or dying wood and moss. B) Water Supply. A pre -planned storm pond for water supply for fire protection is another important FIRESAFE consideration. Garden hose outlets should be plumbed on the exterior of the building. This will permit hose stream protection for all sides of the building. Water systems should have an operating pressure of at least 50 pounds per square inch. C) Construction. FIRESAFE consideration must be included in the construction phase of your improvements. 1. Roofs and exteriors of building should be of fire-resistant materials, such as tile, slate, cement shingle, sheet metal or aluminum. 2. Eaves, attic and under floor openings should have screens or other fire resistant covers that allow flow of air but block embers. 3. Fire-resistant construction should be required on all building projections, such as balconies or decks. Unenclosed, under -floor areas should be screened. 4. Smoke or heat alarms and portable fire extinguishers are a must. Debris Burning This deck needs to be completely enclosed on the under side with non-combustible material. Any fire below will certainly Debris burning is discouraged for Pleasant Harbor. Yard wastes such as leaves and needles can be plowed into garden areas to enrich the soil. Yard wastes can be composted. Brush can be chipped and used as a ground cover outside of 20 foot (6m) fuel break area. MAR 15 1 2000 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Small to moderate amounts of leaves can be chopped with a lawn mower and allowed to decompose right on the lawn. Another approach is to limit debris burning to certain types of materials during periods of low fire risk. For example, debris burning from the clearing of the "Kettles" for future storm water ponding, could be limited to brush and large woody material only, during those periods when the ground is subject to low risk. Guidelines for Planting in Developments 1. Limit planting in large, unbroken masses especially trees and large shrubs, while at the same time trying to achieve the desired screening. 2. Avoid massing of shrubs at bases of trees or larger shrubs. 3. Avoid massing of vegetation adjacent to structures, especially under eaves, overhangs, decks, etc. 4. Limit the use of plants that have the following characteristics: • Are known to be especially combustible; • Have dry or deciduous foliage during part of the year; • Develops shaggy bark; and • Develops dry or dead undergrowth • 5. Conduct periodic maintenance to reduce fuel volumes, eliminate weeds, remove dead vegetation etc. 6. Provide reliable automatic irrigation systems to maintain healthy vegetation. 7. Avoid topping trees because this causes excessive branching, which can increase fire danger. 8. Adhere to established plants spacing guidelines. • Primary Fuel Breaks • Clear a primary fuel break 20 feet around structures. It need not be bare soil. A Wild Flower Mix, a rock garden or aggregates, ornamental shrubbery or well -spaced trees with branches pruned to a height of eight feet can do the job. Remove dense fuels that burn rapidly. • Remove small trees, household debris, dead ground fuels and shrubs beneath large trees. • Thin trees near buildings to 15 feet between tree crowns. Prune away dead or dying limbs. • Keep trees free of dead or dying wood that are near or overhanging any building. FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT 0 Secondary Fuel Breaks • • • Prune dead lower limbs on larger trees and remove accumulations under them. This lessens the chances of a fire reaching the crowns of each tree by removing these "Ladder fuels." Pruning also improves the visibility around your home and helps tree growth. • Grub out potentially flammable small trees and shrubs. Remove dead fuels near highly flammable vegetation that you may wish to retain as landscaping. Keep grass mowed especially when dry. • Maintain irrigated green belts around structures. • Select ground -hugging plants near structures. • Generally reduce fuel volume, break up fuel continuity and eliminate the fuel chain between structures and surrounding forest vegetation. 1=7., PF7- okc ---- -- -jo Ir -ua .;�. F„iii='in FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT is Section 3: Audit of Property Resources Fire Department Access Fire Department access is through the primary roadway system and then into the properties by secondary roads or driveways. Metal Roof Tiles The developer of Pleasant Harbor Marina and Golf Resort will have Architectural controls for all exterior building products. One of these products is the roofing material that will be used by each home. The following is an example of this product but not necessarily this specific product. STONECREST SLATE STEEL SHINGLES Manufactured in Joplin, MO COLORS METALWORKS ® STONECREST I SLATE is made of heavier gauge steel and has been double stamped for a more dramatic slate look that closely replicates the random finish of natural slate. Available in beautiful array of colors. USES For application to roof decks with inclines not less than 3 inches per foot and up to mansard or side-wall application. For slopes between 3 and 4 inches per foot, TW Metal and Tile Underlayment must be used over entire deck area. Shingle material: Nominal 0.0162" thickness, including G-90 galvanization and paint coating. Exterior finish is fluoropolymer (PVDF) with anti -corrosive primer, 1 mil dry film thickness. Clip: 1-1/4" wide x 2-1/8" long x 1/5" deep Clip Material: 0.015" thick, G-90 galvanized steel Certification/ Reports Listed by UL for: Class A Fire Rating** Wind Resistance Impact Resistance, Class 4 JP53130 Tested in compliance with: UL 790 ASTM D 3161, Class F (110 MPH) UL 2218, Class F (110 MPH) 40 ICC -ES Legacy Report No. 586 22 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Non Combustible Siding The developer of Pleasant Harbor Marina and Golf Resort will have Architectural controls for all exterior building products. One of these products is the siding material that will be used by each home. The following is an example of this product but not necessarily this specific product. James Hardie Building Products 26300 La Almeda, Suite 250 Mission Viejo, CA 92691 Taken from the: MATERIAL SAFETY DATA SHEET James Hardie(D Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Telephone (General information HARDIE) and Emergency): 1-800-942-7343 (1 -800 - Section 1. Chemical Production and Company Identification Product Name/Trade Names: Hardibacker 5000, Hardibacker®, Hardisoffit®, Hardipanel®, Hardiplank®, Harditex®, Hardishingle' Other Names: Fiber -cement, Fiber -reinforced cement Use: The above products are used as internal/external wall cladding and tile underlayment Manufacturer: James Hardie® Building Products, 26300 La Alameda, Suite 250, Mission Viejo, CA 92691 Fire Fighting Measures James Hardie® fiber -cement products are neither flammable nor explosive. Fire and Explosion Hazard: 1. Flash Point: Not applicable 2. Auto -ignition: Not applicable 3. Non-flammable and non -explosive Extinguishing Media: This material is not combustible. Appropriate extinguishing media for surrounding fire should be used. - 23 • • FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Fire Fighting: Fire fighting personnel should wear normal protective equipment and positive self-contained breathing apparatus. Physical and Chemical Properties Appearance and Odor: Vapor Pressure: Not Relevant Specific Gravity: Not Relevant Flammability Limits: Not Relevant Boiling Point: Not Relevant Melting Points: Not Relevant Solid gray board with vary dimensions Flash Point: Not Relevant Autoignition Temp: Not Relevant Volatility: Not Relevant Solubility in Water: Not Relevant Evaporation Rate: Not Relevant NFPA Ratings (SCALE 0-4): health=2, flammability=0, reactivity=0, personal protection=E Fire Smart Program (Partners in Protection) The developer will be recommending to the developer of Pleasant Harbor marina and Golf Resort the use of the Fire Smart Program. This program instructs owners on how to protect their property form a Wild fire. The Developer has designed Alpine Town Homes and Villas with concrete below grade parking that provides a minimum of 2 hour fire separation. M, AR _ :�; FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • SECTION 4: THE FOLLOWING INFORMATION CAN BE MADE AVAILABLE AS OPTIONS TO HOME OWNERS Portable Fire Extinguishers This developer recommends that each unit be equipped with at least a 5 lb ABC portable dry chemical fire extinguisher located adjacent to the entrance to the home. Automatic Sprinkler Systems • The developer recommends that sprinklers be installed on structures over 3 stories. A well designed sprinkler system does not have to be obtrusive. • 25 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Fire Caddy and Trailer is The developer recommends the use of a Fire Caddy Trailer it is currently in use at several Resorts. See appendix The following pictures are Fire Caddies in use 250 gallon Trailer Unit Forestry Use creating a Fire Carrier with Flameout Movie Set Use creating a Fire Barrier with Flameout 2 R FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT • Fire Caddy and Flameout The Fire Caddy used on the 250 gallon trailer unit has a Class AB Foam proportioning system and uses a Class AB Forestry Approved Fire Fighting Foam called Flameout. See appendix Fire Caddy and Flameout Hose Caddy and Flameout The developer recommends that each complex be equipped with a Just In Case Fire Hose Caddy. This unit attaches to any garden hose and can supply between 6 to8 minutes of a 2% of Flameout. This will allow home owners to start protecting their property until others can come to their assistance. See appendix 27 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT rRoof Caddy and Zone 1 Sprinkler Kits • Forest Fires= Forested and wildland areas are highly desirable places to live. What makes them so attractive, however, also makes them more hazardous. The developer recommends that the Pleasant Harbor Marina and Golf Resort have several sets (6 go 10 sets) of Zone 1 Sprinkler Kits. This will allow for perimeter protection of residential units if it should have a fire. The sprinklers would be setup on sides, the front and the rear of the complex. Also with six to ten kits a line of sprinklers can be setup to protect residences from any approaching fires on anyone of the three sides of the resort. __,fig__ FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT •Jrrsts-In Case Flra Ltd. Calgary, Altmrtm (403) 24340728 Sprinkler Performance Our Sprinkler Heads...... Butterfly Head Is Storm Buckner 1/t" with 5132" nozzle Storm Buckn*r %11 with 5132 nozzle Spring 2005 Pump Pressure GPM Diarrreter Psi (feet) 20 2.6 34 30 3.3 40 40 3.9 48 50 4.3 54 20 1.2 42 30 1.3 46 40 1.7 46 50 2.0 48 60 2.2 54 30 4.2 88 ! 40 4.5 92 50 4.9 96 60 5.4 96 1 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT 0 Storm Buckner 1" with 3116 node • • 50 9.3 110 60 10.2 116 70 10.8 122 60 11.7 126 90 13.5 133 30 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Section 5: Fire Extinguishment: Control or Containment 46 (Posted for Residential Reference) • Hand held fire extinguishers; Hose Caddies and a Fire Caddy Trailer are effective tools in fighting a fire if it should occur. If the fire is small and you feel you can control its spread by use of the fire extinguisher or hose caddy FIRST PHONE 911 and then attack the fire. This would be a voluntary act and should be done in pairs. Use common sense and caution at all times. If in any doubt. Leave the fire area; never put yourself in a position where the fire is between you and an escape route. In the event that the fire you discover cannot be extinguished with the use of the fire extinguisher or smoke presents a hazard to the operator, leave the fire area. Ensure that the Fire Department has been notified, and if safe to do so, wait to give arriving fire fighters information about the exact location of the fire. Suggested operation of portable fire extinguishers REMEMBER THE PASS! P- Pull the Protection pin A- Aim the nozzle S- Squeeze the trigger handle S- Sweep from side to side (watch for fire restarting) Never reinstall extinguishers after use. Ensure a person acceptable to the Fire Department for servicing portable fire extinguishers, properly recharges them. Keep extinguishers in a visible area without obstructions around them. If the fire is small and you feel you can control its spread by use of the extinguisher, then attack the fire. Use common sense and caution at all times. If in any doubt, leave the fire area. Do not attempt to extinguish the fire unless you have been trained to do this and you feel that it is safe to do so. Summary: The developer recommends a training session with the Maintenance Staff so that they can understand the operation of all the Fire Equipment that will be on site. Once the Development is complete the developer recommends that Jefferson - County or Brinnon Fire Departments attend for introductions and Fire Prevention information for the Development. 31 _1 FIRE PROTECTION PLAN FOR PLEASANT HARBOR MARINA AND GOLF COURSE RESORT Section 6: APPENDIX Information on Metal Tiles MSDS Sheet on HARDY BOARD PRODUCTS Information on Fire Caddy Information on Flameout and MSDS information Information on Hose Caddy Information on Zonel Sprinkler Kits Storm Bucker Irrigation Sprinkler utilized in Forest Fire Fighting Information on Magna Coatings Fire Retardant Coatings Information on No -Burn Guard Fire Retardant Coatings Photo's of the area being proposed for development • 32 STONECREsr SLATE • STEEL S®NGLE Manufactured in Joplin, MO METALWORKSO STONECREST" SLATE is made of heavier gauge steel and has been double stamped for a more dramatic slate look that closely replicates the random finish of natural slate. Available in a beautiful array of colors. 1V( � MAR 1 2006 PRODUCT DATA • for application to roof decks with inclines not less than 3 inches per foot and up to mansard or side- wall application. For slopes between 3 and 4 inches per foot, TW Metal & Tile Underlayment must be used over entire deck area. • Backed by a 50 Year Limited Product Warranty, 25 Year Full Start Period, Limited Transferability, a 30 Year Finish Limited Warranty, and a 50 Year Limited Wind Warranty against damage from winds up to 110 mph. See Limited Warranty for details. • Galva -Strength G-90 steel construction. • Special coating process resists dirt and environmental aging. Fluoropolymer coating system from The Valspar" Corporation with Kynar® 500/Hylar 5000® coating. • Lightweight compared to traditional roofing products. • Resists fading and chalking. • Fire resistant for added protection.** • Can be applied over existing asphalt shingles eliminating disposal cost and mess.*** Four-way locking system for enhanced performance. — y StoneCrest Slate Colors: CERTIFICATION/ -Quaker Green -Sierra Slate Grey -Vermont Blue -Sequoia Red REPORTS Listed by UL for: Tested in compliance with: Class A Fire Rating** UL 790 ti Wind Resistance ASTM D 3161, Class F (110 MPH) • Impact Resistance, Class 4 UL 2218 ICC -ES Legacy Report No. 5484 ICC -ES Legacy Report No. 586 Accepted for Use, City of New York, Department of Buildings MEA 156-00-M Vol II PRODOCT DATA* CCMC 13011-R Shingle Size Exposure Coverage per Box Shingles per Box 15 Shingles per Square Weight per Shingle Weight per Square 12-5/8" x 39-3/4" 12" 49.2 sq ft (approx. 112 sq) 30 2.5 lbs 74 lbs P-muked an -cation 27-9116" �forProP•r roof stagger .— _ -----1411116'- ------y Potential 15-3/C- - diPlocatiant—_ 1_ 12.51. t1-yre. � coYerage� ----- -- ---- -_-- -- -- - -- ----- 39,314"— Shingle material: Nominal 0.0162" thickness, including G-90 galvanization and paint coatings. Exterior finish is fluoropolymer (PVDF) with anti -corrosive primer, 1 mil dry film thickness. Interior finish is a wash coat with anti -corrosive primer, 0.6 mil dry film thickness. Clip: 1-1/4" wide x 2-1/8" long x 1/5" deep Clip Material: 0.015" thick, G-90 galvanized steel Refer to Accessory Product Data Sheet for more information. For irformatbn regarding or a copy of TAMKO's limited warranty, contact your local TAMKO representative, visit us online at www,tamko.corn, or call us at 600-54IA691. All values stated as nominal TAMKO or Underwriters Laboratories for specific application requirements for U.L. Class A rated systems. .:Contact 'Check your Local Building Code. Building Code restrictions may apply. METALWORKS" Visit our Web Site at www.tamko.com or www.metalworksroof.com 4rMM05 STEEL SHINGLESCentral N -M-1-81 District 220 West 4th St., Joplin, MO 64801 800-641-4691 Northeast District 4500 Tamko Dr., Frederick, MD 21701 800-368-2055 YETALWORK56 xd TRAe(fx are repoker0 traJetra'M d TMKW Southeast District 2300 35th St., Tuscaloosa, AL 35401 800-228-2656 T• r ProJucn.kx.a6p" Corpaaom, FloroporraandVakpar® ire areregiatereCvaCewbW y tc. KynaO e a regzh+e0 tradanaM1 d Southwest District 7910 S. Central Exp., Dallas, TX 75216 800-443-1834 " e"°." Y 5°°°°•'rem°a�^a as, , s°°da., Smr,eCreY^' e a vaEernerk d TPMKOS Roofrp Prodre6. Yrc Western District 5300 East 43rd Ave., Denver, CO 80216 800-530-8868 J!'53130 TIM II111111 1 111 997802 MAR 1 STONCCRCSTr TILE PRODUCT DATA Tested in compliance with: Class A Fire Rating** • STEE16 381NGL6 Wind Resistance ASTM D 3161, Class F (110 MPH) Manufactured in Joplin, MO ' u = METALWORKS® STONECREST- TILE Steel Shingles create the distinctive : look of smooth, uniform tile. For those who appreciate a classic, refined F appearance, these shingles provide outstanding performance and value. USES For application to roof decks with inclines not less than 3 inches per foot and up to mansard or side- wall application. For slopes between 3 and 4 inches per foot, TW Metal & Tile Underlayment must be used over entire deck area. ADVANTAGES • • Backed by a 50 Year Limited Product Warranty, 25 Year Full Start Period, Limited Transferability, a 30 Year Finish Limited Warranty, and a 50 Year Limited Wind Warranty against damage from winds up to 110 mph. See Limited Warranty for details. • Galva -Strength G-90 steel construction. • Special coating process resists dirt and environmental aging. Fluoropolymer coating system from The Valspar® Corporation with Kynar® 500/Hylar 50000 coating. • Lightweight compared to traditional roofing products. • Resists fading and chalking. • Fire resistant for added protection.** • Can be applied over existing asphalt shingles eliminating disposal cost and mess.*** • Four-way locking system for enhanced performance. StoneCrest Tile Colors: ORM -Quaker Green -Sierra Slate Grey -Vermont Blue CERTIFICATION/ DATA* Listed by UL for: Tested in compliance with: Class A Fire Rating** UL 790 Wind Resistance ASTM D 3161, Class F (110 MPH) Impact Resistance, Class 4 UL 2218 ICC -ES Legacy Report No. 5484 ICC -ES Legacy Report No. 586 Accepted for Use, City of New York, Department of Buildings MEA 156-00-M Vol 11 CCMC 13011-R Shingle Size 12-5/8" x 39-3/ 1 Exposure 12" Coverage per Box 49.2 sq ft (approx. 1/2 sq) Shingles per Box 15 Shingles per Square 30 Weight per Shingle 2.5 lbs Weight per Square 74 lbs Shingle material: Nominal 0.0162" thickness, including G-90 galvanization and paint coatings. Exterior rig se� finish is fluoropolymer (PVDF) with anti -corrosive primer, 1 mil dry film thickness. Interior finish is a wash coat with anti -corrosive primer, 0.6 mil dry film thickness. d� Clip: 1-1/4" wide x 2-1/8" long x 1/5" deep Clip Material: 0.015" thick, G-90 galvanized steel Nva Refer to Accessory Product Data Sheet for more information. For information regarding or a copy of TAMKO's limited warranty, contact your local TAMKO representative, visit us online at www tamkocorn, or call us at 8N-641-4691. 'All values stated as rwminai ::Contact TAMKO or Underwriters Laboratories for specific application requirements for U.L. Class A rated systems. "'Check your Local Building Code. Building Code restrictions may apply. MSTALWORKSVisit our Web Site at www.tamko.com or www.metalworksroot.com 4120r"5 STEEL SHINGLESCentral District 220 West 4th St., Joplin, MO 64801 800-641-4691 ® Northeast District 4500 Tamko Dr., Frederick, MD 21701 800-368-2055 Southeast District 2300 35th St., Tuscaloosa, AL 35401 800-228-2656 METaI.wePotsB anb TP iO are regisrcreE traCemaks d TN,a(O& R°°°"v"°�."�.�.°P°^°a^°vaaa^a«^a �a Southwest District 7910 S. Central Exp., Dallas, TX 75216 800-443-1834 Tlr vaso. CapwaCv� Inc. lt, n a rogacvM o- SCa d "„�'°°°®°dT� 0�°aaa,VP—i. s ,. Western District 5300 East 43rd Ave., Denver, CO 80216 800-530-8868 SloreGeat^' m a bademrk d TANKO6 Rooh�g Prod b. Y�c. JP53132 II1I"I IIII"'IIIII 997803 t' 0: 91 James Hardie Building Products Page 1 of 8 ?nrt 26300 La Alameda, Suite 250 V A R� = Mission Viejo, CA 92691 • MATERIAL SAFETY DATA SHEET James Hardie' Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Telephone (General Information and Emergency): 1-800-942-7343 (1-800-HARDIE) Section 1. Chemical Products and Company Identification Product Name/Trade Names: Hardibacker 500®, Hardibacker�, Hardisoffit', Hardipanel®, Hardiplank*, Harditex*, Hardishingle— Other Names: Fiber -cement, Fiber -reinforced cement Use: The above products are used as internal/external wall cladding and tile underlayment. Manufacturer: James Hardie' Building Products, 26300 La Alameda, Suite 250, Mission Viejo, CA 92691 Effective Date: December 10, 2003. Check to verify the latest version or translation availability. • NOTE: As of the date of the preparation of this document, the information contained herein is believed to be accurate. Substance Name CAS NUMBER UN Number EINECS Number Crystalline Silica 14808-60-7 Not a hazardous 238-878-4 (Quartz) material for shipping purposes Calcium Silicate 65997-15-1 Not a hazardous 266-0434 (Hydrate) material for shipping purposes Cellulose 9004-34-6 Not a hazardous 232-674-9 material for shipping purposes Other non hazardous ingredients (fillers) Coated products are coated with water-based acrylic paint or acrylic sealer. Section 2. Hazardous Ingredients/Identity Information Substance Name CAS NUMBER Crystalline Silica 14808-60-7 (Quartz) Calcium Silicate 65997-15-1 (Hydrate) • Cellulose 9004-34-6 UN Number Not a hazardous material for shipping purposes Not a hazardous material for shipping purposes Not a hazardous material for shipping purposes EINECS Number 238-878-4 266-043-4 232-674-9 Proportion (by weight) 35-45% 50-60% <10% <10% Proportion (by weight) 35-45% 50-60% <10% • • 91 James Hardie Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Section 3. Hazards Identification Emergency Overview: Not explosive, not a fire hazard. t Page 2 of 8 Primary Routes of Entry and Potential Health Effects: Inhalation: Acute effects. Dust may cause irritation of the nose, throat, and airways, resulting in coughing and sneezing. Certain susceptible individuals may experience wheezing (spasms of the bronchial airways) on inhaling dust during sanding or sawing operations. Chronic Effects. Repeated and prolonged overexposures to dust containing crystalline silica causes silicosis (scarring of the lung) and increases the risk of bronchitis, tuberculosis, lung cancer, renal disease, and scleroderma (a disease affecting the connective tissue of the skin, joints, blood vessels, and internal organs). Studies have shown cigarette smoking increases the risk of silicosis, bronchitis and lung cancer in persons also exposed to crystalline silica. Acute silicosis, a sub -chronic disease associated with acute, massive silica exposure, is a rapidly progressive, incurable lung disease that is typically fatal. Symptoms include, but are not limited to, shortness of breath, cough, fever, weight loss and chest pain. Such exposure may cause pneumoconiosis and pulmonary fibrosis. Ingestion: Unlikely under normal conditions of use, but swallowing the dust from this product may result in irritation or damage to the mouth and gastrointestinal tract due to alkalinity of dust. Eye: Dust may irritate the eyes from mechanical abrasion causing watering and redness. Skin: Dust may cause irritation of the skin from friction but cannot be absorbed through intact skin. Medical conditions generally aggravated by exposure: Pulmonary function may be reduced by inhalation of respirable crystalline silica and/or cellulose. If lung scarring occurs, such scarring could aggravate other lung conditions such as asthma, emphysema, pneumonia or restrictive lung diseases. Lung scarring from crystalline silica may also increase risks to pulmonary tuberculosis. Smoking: Cigarette smoking increases the risk of occupational respiratory diseases. Carcinogenicity: California Proposition 65 Warning: Respirable crystalline silica is known to the State of California to cause cancer. International Agency for the Research on Cancer (IARC): Crystalline silica inhaled in the forms of quartz or cristobalite from occupational sources is carcinogenic to humans. The National Toxicology Program (NTP): NTP has concluded that respirable crystalline silica is a known human carcinogen. LD50: Silicon Dioxide: Rat oral >22,500 mg/kg; Mouse oral >10,500 mg/kg. NFPA Ratings (Scale 04): health=2, flammability=0, reactivity=0, personal protection=E. • c%i James Hardie Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Section 4. First Aid Measures Signs and symptoms of over exposure: Breathlessness, wheezing, cough, sputum production. First Aid: Page =3 of 8 Swallowed: If swallowed, dilute by drinking large amounts of water. Do not induce vomiting. Seek medical attention. If unconscious, loosen tight clothing and lay the person on his/her left side. Give nothing by mouth to an individual who is not alert and conscious. Eye Contact: Remove contact lens. Flush with running water or saline for at least 15 minutes. Seek medical attention if redness persists or if visual changes occur. Skin Contact: Wash with mild soap and water. Contact physician if irritation persists or later develops. Inhaled: Remove to fresh air. If shortness of breath or wheezing develop, seek medical attention. ADVICE TO DOCTOR: Treat symptomatically. Section 5. Fire Fighting Measures James Hardie® fiber -cement products are neither flammable nor explosive. Fire and Explosion Hazard: 1. Flash Point: Not applicable. 2. Auto -ignition: Not applicable. 3. Non-flammable and non -explosive. Extinguishing Media: This material is not combustible. Appropriate extinguishing media for surrounding fire should be used. Fire Fighting: Fire fighting personnel should wear normal protective equipment and positive self-contained breathing apparatus. Section 6. Accidental Release Measures No special precautions are necessary to pick up product that has been dropped. The following applies to spills or releases of dust generated during cutting or sanding of the material. Precautions: Good housekeeping practices are necessary for cleaning up areas where spills or leaks have occurred. Take measures to either eliminate or minimize the creation of dust. Respirable dust and silica levels should be monitored regularly. Wherever possible, practices likely to generate dust should be controlled with engineering controls such as local exhaust ventilation, dust suppression with water and containment, enclosure or covers. Use respiratory protection as described in Section 8. James Hardie Building Products - - Page a of 8 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Cleanup Methods: A fine water spray should be used to suppress dust when sweeping (dry sweeping should not be attempted). Vacuuming, preferably with an industrial vacuum cleaner outfitted with a high -efficiency particulate (NEPA) filter, is preferred to sweeping. Waste may be disposed of by landfill in compliance with federal, state and local requirements. In the event of an accidental release, observe all protection measures set out in this MSDS. Avoid using materials and products that are incompatible with the product. (refer to Section 10) Section 7. Handling and Storage Note: The fiber cement boards in their intact state do not present a health hazard. The controls below apply to dust generated from the boards by cutting, drilling, routing, sawing, crushing, or otherwise abrading, and cleaning or moving sawdust. James Hardie's recommendation: Keep exposure to dust as low as reasonably possible. Respirable crystalline silica levels should not exceed those specified by OSHA and MSHA and identified in this MSDS. Exposure to respirable (fine) silica dust depends on a variety of factors, including activity rate (e.g. cutting rate), method of handling (e.g. electric shears), environmental conditions (e.g. weather conditions, workstation orientation) and control measures used. Wherever possible, practices likely to generate dust should be carried out in well ventilated areas (e.g. outside). • At a minimum, the following methods and/or tools are required to minimize dust levels: "Score and Snap" method with score and snap knife. Manual, electric or pneumatic shears. Circular saw blades specifically designed for cutting fiber cement (e.g. Hitachi Hardiblade). Power tools outfitted with dust collection/vacuum systems with high -efficiency particulate air (NEPA) filter, or wet - cutting systems. Vacuuming with HEPA filter. DO NOT saw cut indoors. DO NOT dry -saw with any type of masonry blade such as a segmented or continuous rim diamond blade, or with any other type of grinding or abrasive -type wheel. DO NOT dry sweep. DO NOT work in windy/dusty condition, when wind/dust is blowing toward other persons. Keep away from reactive products. Do not store near food, beverages or smoking materials. Avoid spilling and creating dust. Maintain appropriate dust controls during handling. Use appropriate respiratory protection during handling as described in Section 8. Section 8. Exposure Controls and Personal Protection OSHA Permissible Exposure Standards (PEL): Exposures shall not exceed an 8 -hour time weighted average limit as stated in 29 CFR § 1910.1000 Table Z-3 for mineral dusts, expressed in million particles per cubic feet (Mppcf) and/or milligrams per cubic meter (mg/m'). The American Conference of Governmental Industrial Hygienists Threshold Limit Values (TLV) is a recommended exposure limit based on an 8 -hour time -weighted average. j James Hardie Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 1c� Page 5 of 8 Other Limits Recommended: The National Institute of Occupational Safety and Health also has a Recommended Exposure Limit (REL) of 0.05 mg/m' for respirable crystalline silica, based on a 10 -hour time -weighted average. isProducts may be coated. If coated, the coating will be water based acrylic paint or acrylic sealer. Personal Protection: When handling products that may generate silica dust: (1) Work outdoors where feasible, otherwise use mechanical ventilation, (2) Wear a dust mask or, if dust may exceed PEL, use NIOSH, OSHA or MSHA approved respirator, and (3) Warn others in area. Use and maintain respirators that conform to ANSI Standard (Z88.2) particulate respirators. Select respirators based on the level of exposure to crystalline silica as measured by dust sampling. Use respirators that offer protection to the highest concentrations of crystalline silica if the actual concentrations are unknown. Put in place a respiratory protection and monitoring program that complies with MSHA or OSHA (e.g. 29 CFR 1910.134) standards, which include provisions for a user training program, respirator repair and cleaning, respirator fit testing and other requirements. Comply with all other federal and state laws. Section 9. Physical and Chemical Properties Appearance and Odor: Solid gray boards with varying dimensions according to product Vapor Pressure: Not Relevant Flash Point: Not Relevant Specific Gravity: Not Relevant Autoignition Temp: Not Relevant Flammability Limits: Not Relevant Volatility: Not Relevant Boiling Point: Not Relevant Solubility in Water: Not Relevant Melting Points: Not Relevant Evaporation Rate: Not Applicable • NFPA Ratings (SCALE 0-4): health=2, flammability=0, reactivity=0, personal protection=E PEL PEL " TLV mg/m' Mppcf mg/m' Crystalline Silica (Quartz) 0.05 mg/m' 250 IOM m' (Respirable) %SiO,+5 %Si02+2 Quartz (Total Dust) — — 30mg/m' %Si02+2 Calcium Silicate (Total Dust) 15mg/m' (Respirable) 5 mg/m' Nuisance Dust (Not Otherwise Specified) (Total Dust) 50 15mg/m' (Respirable) 15 5 mg/m' Cellulose (Total) 15mg/m' (Respirable) 5 mg/ml Other Limits Recommended: The National Institute of Occupational Safety and Health also has a Recommended Exposure Limit (REL) of 0.05 mg/m' for respirable crystalline silica, based on a 10 -hour time -weighted average. isProducts may be coated. If coated, the coating will be water based acrylic paint or acrylic sealer. Personal Protection: When handling products that may generate silica dust: (1) Work outdoors where feasible, otherwise use mechanical ventilation, (2) Wear a dust mask or, if dust may exceed PEL, use NIOSH, OSHA or MSHA approved respirator, and (3) Warn others in area. Use and maintain respirators that conform to ANSI Standard (Z88.2) particulate respirators. Select respirators based on the level of exposure to crystalline silica as measured by dust sampling. Use respirators that offer protection to the highest concentrations of crystalline silica if the actual concentrations are unknown. Put in place a respiratory protection and monitoring program that complies with MSHA or OSHA (e.g. 29 CFR 1910.134) standards, which include provisions for a user training program, respirator repair and cleaning, respirator fit testing and other requirements. Comply with all other federal and state laws. Section 9. Physical and Chemical Properties Appearance and Odor: Solid gray boards with varying dimensions according to product Vapor Pressure: Not Relevant Flash Point: Not Relevant Specific Gravity: Not Relevant Autoignition Temp: Not Relevant Flammability Limits: Not Relevant Volatility: Not Relevant Boiling Point: Not Relevant Solubility in Water: Not Relevant Melting Points: Not Relevant Evaporation Rate: Not Applicable • NFPA Ratings (SCALE 0-4): health=2, flammability=0, reactivity=0, personal protection=E James Hardie Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 Section 10. Stability and Reactivity Stability: Crystalline silica is stable under ordinary conditions. Conditions to Avoid: Excessive dust generation during storage and handling. Materials to Avoid: Incompatibility: Hydrofluoric acid will dissolve silica and can generate silicon tetrafluoride, a corrosive gas. Contact with strong oxidizing agents such as fluorine, boron trifluoride, chlorine trifluoride, manganese trifluoride or oxygen difluoride may cause fires and/or explosions. Section 11. Toxicological Information This product is not toxic in its intact form. The following applies to dust that may be generated during cutting and sanding: Chronic Effects: Inhaled: Repeated and prolonged overexposures to dust containing crystalline silica causes silicosis (scarring of the lung) and increases the risk of bronchitis, tuberculosis, lung cancer, renal disease and scleroderma (a disease affecting the connective tissue of the skin, joints, blood vessels and internal organs). Studies have shown cigarette smoking increases the risk of silicosis, bronchitis, and lung cancer in persons also exposed to crystalline silica. Acute silicosis is a rapidly progressive, incurable lung disease that is typically fatal. Symptoms include, but are not limited to: shortness of breath, cough, fever, weight loss and chest pain. Such exposure may cause pneumoconiosis and pulmonary fibrosis. The following relates to health effects of cellulose: Based on limited animal research, it is possible that repeated chronic inhalation exposure to cellulose fiber dust over time may lead to inflammation and scarring of the lung in humans. Precautions taken for crystalline silica dust will protect against cellulose. Section 12. Ecological Information There is a very limited amount of ecological data available on the effects of releases that may occur from this product being released into the environment. Clean up of the spilled product would not be expected to leave any hazardous material that could cause a significant adverse impact. There is a limited amount of ecological data available on crystalline silica, primarily because it is a naturally occurring mineral. An adequate representation of these data is beyond the scope of this document. Section 13. Disposal Consideration Dispose of material as inert, non-metallic mineral in conformance with local, state and federal regulations. Crystalline silica is not a RCRA hazardous waste. James Hardie Building Products Page 7 of s 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 • Section 14. Transport Information There are no special requirements for storage and transport. UN No: None Allocated. Dangerous Goods Class: None Allocated. Hazchem Code: None Allocated. Poisons Schedule: None Allocated. Packing Group: Not Applicable. Label: Not a DOT hazardous material. Local regulations may apply. Section 15. Regulatory Information DOT Hazard Classification: None. Placard requirement: Not a DOT hazardous material. Local placarding regulations may apply. California Proposition 65: Warning: Airborne particles of respirable size of crystalline silica are known to the State of California to cause cancer. AM CERCLA Hazardous Substance (40 CFR Part 302): Listed Substance: No. Unlisted Substance: No. Reportable Quantity (RQ): None. Characteristic(s): Not applicable. RCRA Waste Number: Not applicable. SARA, Title III, Sections 302/303 (40 CFR Part 355 — Emergency Planning and Notification): Extremely Hazardous Substance: No. SARA, Title III, Sections 311/312 (40 CFR Part 370 — Hazardous Chemical Reporting: Community Right -To -Know): Acute: Yes. Chronic: Yes. Fire: No. Pressure: No. Reactivity: No. SARA, Title III, Sections 313 (40 CFR Part 372 — Toxic chemical Release Reporting: Community Right -To -Know): Not a RCRA Hazardous Waste. TSCA Inventory List: Yes. TSCA 8(d): No. James Hardie Building Products 26300 La Alameda, Suite 250 Mission Viejo, CA 92691 WARNING WARNING AVOID BREATHING SILICA DUST Page 8 of 8 Product contains silica. Inhalation of respirable silica dust can cause silicosis a potentially disabling lung disease, and is known to the State of California to cause lung cancer. When drilling, cutting, or abrading product during installation or handling, (1) Work outdoors where feasible, otherwise use mechanical ventilation, (2) Wear a dust mask or, if dust may exceed PEL, use NIOSH approved respirator, (3) Warn others in area. For further information, refer to material safety data sheet. This form has been prepared to meet current Federal OSHA hazard communication regulations and is offered without any warranty or guarantee of any type. James Hardie® Building Products cannot control the use of its products, and therefore specifically disclaims liability and responsibility arising from the use, misuse and alteration of its products. The information contained on this MSDS was produced without independent scientific or medical studies analyzing the effects of silica upon human health. The information contained herein is based upon scientific and other data James Hardie' Building Products believes is valid and reliable and provides the basis for this MSDS. The information contained herein relates only to specific materials listed in the document. It does not address the effects of silica when used in combination with other materials or substances, or when used in other processes. Because conditions of use are beyond James Hardie* Building Products control, the company makes no representations, guarantees or warranties, either express or implied warranties as to the fitness of the product for use, and assumes no liability related to the information contained above. James Hardie" Building Products requires, as a condition of use of its products, that purchasers comply with all applicable Federal, State, and Local health and safety laws, regulations, orders, requirements, and strictly adhere to all instructions and warnings which accompany the product. 0 • 0 • THE TIME OF YOUR LIFE... IN BALANCE WITH.__.NA_ T_URE ARBOR rat XL -496 MAR 1 Z�iu LMSANT %;,Q>>, ^7z,to, September 28, 2005 The Residents of Jefferson County Dear The Residents of Jefferson County: �RBUIZ Thank you for taking your time by attending the presentation for the proposed "Pleasant Harbor Marina and Golf Resort". Firstly, please accept me apology for the lack -of -space available for this presentation. In our history, we have never experienced such an over whelming attendance. Your attendance is a good indication of the "passion" you all feel for your community. (As you should) Since may of your were crowed and unable to her, we have opened a separate WEB -SITE for this proposed development. www.pleasantharbordev.com The presentation of September 26�h, 2005 is repeated on this website. The results from the Survey cards that were completed by many who attended are as follow: • Total Respondents ..................................... 135 (1000/.) • Those Who Approved ................................. 81 (600/6) • Those Who Disapproved .............................. 42 (310/6) • Those Undecided (more info) ......................... 12 Comments received were substantially positive such as: `The community is in need of an economic stimulus" "We need assistance rjuvenafing the area — especially the schools" `iGood jobs would hep bring in or retainyoung people" (9%) 40 -2- September 28, 2005 As well, concerns were expressed such as: "What hep canyou provide to the School System and Fire Department?" 'We are concerned how growth will impact our existing way -of -life" and `2 don t wantyour development this large" We at the Statesman Group pride ourselves by being a conscientious developer concerned with the issues in order to add VALUE to The Community of Brinnon. Since the meeting we have learned: • Approximately 50% of the revenues from Property Taxes generated from Pleasant Harbor, remains @ the service the School System (approx $1,500,000 per yr.). • Pleasant Harbor Marina and Golf Resort will investigate Fire Fighting Equipment and train staff. • The Development will not be a polluter of the environment including utilizing excessive potable water to cause SALT WATER INTRUSION (see website). • The sewage and Effluent Treatment Plant is being designed to service Pleasant Harbor Marina and Golf Resort. • A widening of Highway 101 will provide for both a lay way INGRESS and EGRESS LANE for Safety. • The proposed occupants of Pleasant Harbor Marina and Golf Resort will include the OWNERS (Not a Time Share). • The Statesman Group will advertise for a Physician to service the expanding community. • Business from Pleasant Harbor development will create and economic stimulus that causes more Business Opportunities for the community. • The Golf Resort and Spa will not be exclusively private, whereby the community is encouraged to book T -Time or Appointments. • The proposed Maritime Village will remove the vehicle from the Boardwalk and create a pedestrian promenade for Retail and Restaurants. —3— September 28, 2005 Summary: Based on the majority level of encouragement, the Statesman Group will submit for PLAN REVIEW from the County Commissioners Pre -Application proves. Please review the Website for progress and updates. We appreciate any constructive comments in order to improve the proposed Pleasant Harbor Marina and Golf Resort. Kind regards, Dr. M. Garth Mann President & C.E.O. Statesman Group of Companies Ltd. MGM/emm 0 • • • Community Pres Pleasant Harbor Pleasant Harbor Marina and Golf Resort is planned for development in Puget Sound approximately 2 hours west of Seattle, Washington. Enjoy the serene beautiful surroundings in one of the condominium / town home style units. Relax your body and restore your senses at the Links style 18 hole golf course with Conference Center/ Spa. Be one with nature as you take a stroll along the marinz promenade and through the Maritime Village as the sun sets. The proposed development is seasonally occupied, please contact us for more information. Home I Contact Us I Sitemap Created by FoundPages Internet Marketing • /ARPAX? About Pleasant Harbor Contact Us About Statesman Community Pres; For further information on the proposed development of Pleasant Harbor Marina and Golf Resort, you can contact us through this page. Do you hE question? A comment? A request for further information? Contact us by filling out the information below and we will get back to you as soon as possible. • Phone: (403) 256-4151 . Fax: (403) 256-6100 • elinm@statesmancorporation.com o Address : 7370 Sierra Morena Blvd SW Calgary, AB Canada T311 4 • Website : http://www.pleasantharbordev.com Contact Information: First Last Name*: Name*: Address 1: Country: Address 2: Postal/Zip*: Phone Phone (DayTime): (Evening): Fax: E -Mail*: Additional Information (optional): Sex: Choose Marital Choose Status: Flow did you hear about Us?(select all that apply): Newspaper [❑ Direct Mail Piece El Community Event ❑ Word of Mouth D Web Other Purchase Details: Timeframe: Choose Intentions: Choose First Time Choose "" Current Choose Buyer?: Premises Additional Comments: _J t • ,, ASA N7 Home IContact Us I About Pleasant Harbor Community Pres About the proposed development of Pleasant Harbor Marina and Golf Resort Location: Outside of Brinnon, Jefferson County Washington State c 2 hours outside of Seattle and 3.5 hours from Portland o Includes property North West of existing Pleasant Harbor s Large land area South of Black Point Road(+/- 221 acres) The Proposed Pleasant Harbor Marina and Golf Resort will offe ® Up to 1090 condominium/ town homes style units o Links style 18 hole golf course ® Conference Center/ Spa of 36,000 sq. ft. 10,000 sq. ft. o Retail/ Restaurant Maritime Village The proposed development is seasonally occupied as is most Resort Communities for approximately 66% of the year Home I Contact Us I Sitemap Created by FoundPages Internet Marketing 0 The Statesman Story Community Pres Experienced professionals. Proven performance. Quality workmanship a an uncompromising commitment to excellence. These serve as the cornerstone of The Statesman Corporation which has emerged as one o Alberta, Canada's largest, most trusted and respected names in resider housing. The real story of The Statesman Corporation will not be told here. It wil seen in the stylish homes and fine communities throughout Alberta and Arizona, sensed in discussions with satisfied home owners, and felt in tP justifiable pride of The Statesman team of experienced crafts people ani highly talented staff. Since 1976, company principal Garth M. Mann and The Statesman Teary has built and marketed to thousands of residents, in major master plant communities. And along the way, Statesman has been featured in local national magazines, and earned numerous awards for their unparalleled craftsmanship and design. The Professionals at The Statesman Corporation know all about quality. Every home and every community is approached with the same level of enthusiasm and attention to detail to ensure each home owner's needs completely satisfied with that Community. For in the final analysis, a ho builder's success is measured not only by its uncompromising commitm to excellence. its stylish design; its quality workmanship; and its lists of accomplishments; but by its many satisfied home owners. Whether you enjoy travelling, golfing on weekends or reading a good book... rather than maintaining a yard, Statesman has a community to your needs. Home I Contact Us i Sitemap Created by FoundPages Internet Marketing • PLEASANT HARBOR MARINA AND GOLF RESORT PLEASANT HARBOR, WASHINGTON ...Design Guidelines DEVELOPER: THE STATESMAN GROUP OF COMPANIES INC. SITE DESIGN The natural topography of the lot parcels vary and site design varies depending on the size of the multi -family complex. The development of lots may occur within an identified building envelope that will essentially describe the setbacks from adjacent properties. No construction or landscaping will be permitted outside the building envelope unless the lot is severely scarred by construction activity. If a Building Envelope is established, it will take into account vegetation to be preserved, natural rock formations and natural overland drainage swales. The structure shall be no closer than twenty (20) feet from the front property boundary and not closer than five (5) feet from side yard property boundaries and twenty (20) feet from rear property boundaries. • Typically, structures should be nestled into the land, remaining low; so as to be part of the site rather than being perched on it, creating unnecessary height. Step buildings and split and multi- level solutions should be used to follow existing contours and achieve a balance of cut/fill. The intent is to eliminate the need for creating flat pads on sloped sites. Limit structures to the areas on the site where drainage, soil and geological conditions will provide a safe foundation. In addition, consider the impact of the 8.'c' vulW*, WIN& proposed residence on adjacent properties with respect to Uw,h,pm W%tn++a (bt..k"vnd drainage, privacy, view and ease of access. The Committee cannot guarantee that all views of all 1� R m/ Take up sly pe m uml design residents will remain unobstructed as the project continues build -out to completion. The following general limitations will apply in the absence of special circumstances justifying exceptions as may be approved by the Committee: • Cut and fill may not be exposed following completion of construction, revegetated landscaping and/ or retaining walls may be required to mitigate cut and fill conditions i SITE DRAINAGE AND GRADING Site drainage and grading must be done with minimum disturbance to the lot, structures, roads, driveways or any improvement should be designed to fit the existing contours of the site, minimizing Pleasant Harbor Marina and Golf Resort — Design Guidelines I excavation rather than altering the site to fit a poorly designed structure or improvement. Surface drainage shall not drain to adjoining lots or open spaces except as established by natural drainage patterns to storm water collection ponds, nor cause a condition that could lead to offsite soil erosion on open space. Carefully evaluate the erosion potential and safety of the site based upon the percentage and direction of slope, soil type and vegetation cover. Sites that fall away from the street are especially challenging and require careful study as to the impact of seasonal rains, how that water naturally moves down the lot. When a change in the drainage way within a given lot is absolutely necessary, avoid right angle diversions and create positive drainage in a logical and natural manner. Minimize soil erosion in disturbed areas through the use of native rock and plant materials. The Developer has planned for several overland drainage ponds to accept and hold water from the overland drainage and excess water from roof drainage. DRAINAGE EASEMENTS These natural drainage -ways occur frequently throughout the site and should not be obstructed. Structures and other improvements should be sited to avoid these areas. Bridging by building and other improvements designed so as not to obstruct 100 -year storm flows are required. All excess excavated materials must be removed and compacted within the base of the on-site kettles, and grades must be maintained with natural vegetation. (sod will only be approved in special situations other than the golf course). CULVERTS AND APRONS AND DRIVEWAYS The Developer will approve the apron access over a metal culvert for all lots that intersect a drainage swale. The position of the apron is determined by the Developer specifying the pinned widths of the driveway adjourning the front of each lot (see specification for apron widths). WALLS AND FENCES All retaining walls or courtyard type walls must appear to be integrated with the multi -family complex and the colors and materials should be the same as that of the house or the perimeter walls. If the house includes more than one exterior wall treatment, for example hardi- plank and stone; the walls may be either or both. Where walls are used to enclose private patios or, spa areas, care should be taken to provide an appearance that is deliberately architectural rather than a random stepping or sloping with grade. Any walls associated .> with a complex should be in the same architectural character and geometry rather than arbitrary design. Where wall heights need to change, they should be transitioned either with an offset in plan or an angular form. If retaining walls between lots extend toward the street, they must be transitioned toward grade and toward the street. Generally, walls should not exceed six (6) feet in height.rit��� Pleasant Harbor Marina and Golf Resort — Design Guidelines , UNDER -DRIVE GARAGE APRONS AND DRIVEWAYS Two -car garage apron should not exceed sixteen (16) feet in width. Minimize the amount of the hard landscaping of pavement or concrete or inter -locking pavers. ENTRANCE DRIVES Driveways shall be a maximum of sixteen (16) feet S II (A„i)`a:6 LV„ER7W„:WMLS wide at the property line and are encouraged to .Pl. — . : i �,.�� intersect the street at a minimum angle of sixty (60) degrees and in such a way as not to interfere with drainage by inserting a culvert of steel or concrete r Xr within the drainage swale. Except for special lots, adjacent land owners are to share the access point of the driveways by being sensitive to tree locations and utilizing an access easement for the shared portion of the driveways. Brick, asphalt, concrete pavers, integral colored concrete with exposed aggregate or patterns are encouraged. Only one driveway entrance will be permitted for each complex, and shared driveways are encouraged. PARKING AREAS & SPEED LIMITS Each residence shall contain parking space within the lot for at least one (1) automobile in an underground parkade either attached or detached from the main residence. A minimum of one (1) additional parking stalls are requited for off-street parking. The community speed limit shall be posted Q_at 20m/hr (30km/hr). ARCHITECTURAL BUILDING STYLE In a hillside community, good architecture is dramatized, and the effect of poor design is immediately evident. It is a matter of appropriateness, starting with the topography and continuing into forms and colors that blend into the Alpine/ Maritime setting. When viewed at close range, carefully orchestrated variety is essential. These are all considerations that should govern the proposed designs and will be considered in the architectural review process. BUILDING STYLE The location must be considered, thus the best designs are associated with a Craftsman Motif. The Committee encourages, where possible low profile, single story or 2 storey residences. The Committee will discourage, and has the right to prohibit; the construction of any residence or other structure which would appear excessive in height when viewed from the street. Other than Residential over the Clubhouse/Conference Center and Phase I1 of the Maritime Village. Pleasant Harbor Marina and Golf Resort - Design Guidelines 3 9 MAR 2006 BUILDING HEIGHT Building height is to be measured by passing a plane vertically through the building at any point of existing natural grade to the highest point of the structure at the plane. The overall dimension shall not exceed nineteen (19) feet in height, except that a maximum of one-third of the enclosed living area may exceed nineteen (19) feet, but not exceed twenty-two (22) feet at a parapet and twenty-four (24) feet at a ridge. Building heights are also subject to regulations established by the Zoning Requirements. It is expected that residences will contain a minimum number of square feet of livable space of 1400 S.F. for multi-storey or 1300 S.F. for a single storey. ROOF SHAPES AND MASSING Roofs may be sloped at not less than a 4:12 pitch. Large, front -facing gables should be avoided unless they are broken into small-scale elements. It is preferred; however, not essential, that all pitched roof be hipped to mitigate the large expanse of an open-end design, J. although open gables are approved using material variations. Changes in roof geometry are best • when accompanied by offsets in plan. Avoid exposing the ends of small rafters by using large members (4" X 6") that may be left exposed to provide some thickness achieved at the edge of the sheathing. Fascias should be at least 2" X 6" and utilize a three foot (3') soffit overhang. Fascias should be thought of as another layer of design rather than relying on standard forms common to production housing. All sloping roofs on any one structure must be of the same color and material. Skylights should be prohibited from view on all front elevations. ROOFTOP EQUIPMENT Air conditioners, evaporative coolers, solar collectors with or without attached tanks, parabolic devices or any other mechanical equipment must be shielded from view on all sides and from homes and public areas. Miscellaneous items such as vents and flues should be located to occur as much as possible on the least prominent side of the ridge line and be painted to match the adjacent roof color. CHIMNEYS Chimneys are an important element in the overall composition and should be consistent with the overall architectural language of the home. Chimneys should be built out of an approved material of stone or masonry material. BUILDING ELEVATIONS The same criteria for breaking up the boxy shape of a plan apply to the elevations. Symmetrical elevations should be avoided and a variety in building heights is encouraged. Single -story elevations, particularly for Villa homes, should attempt to create at least three (3) masses separated by two (2) or more feet of vertical rise from each other. It should be assumed that houses will be Pleasant Harbor Marina and Gol(Resort - Design Guidelines 4 MAR 1 2006 i . seen from 360 degrees and that there must be a continuity of colors, materials and details on all elevations. It is nonetheless reasonable that additional priority will be given to those sides that are visible from the streets, and common areas and must be of "front" elevation quality. ENTRANCES Deeply recessed entrances provide both protection from the elements and a sense of individuality. When used as wall extensions, the whole entry can result in a courtyard effect that is very appropriate to the region. Entrances should be distinctive architectural features and are best when there is a combination of overhanging roofs and some change in the plan configuration. WINDOWS Care should be given to the size, type and organization of all windows. They should never appear like surface "holes" cut into the sides of a box, rather they should be architectural features and, wherever possible, grouped into recessed areas or bordered by "pop -out" projections that provide a shadow pattern. The style of window should be consistent on all sides of the house or as much as possible. Openings into parking structures, where visible from the streets, is encouraged. Reflective glass or unfinished aluminum windows will not be allowed. GARAGE DOORS Garage doors should be de-emphasized, either by tucking them under projecting structures above or by way of configuring them out of direct view from the street. The appearance of garage doors is greatly helped by a low plate line over the door, and by recessing the doors with piers or other three- dimensional elements. Metal or vinyl (or material comparable durable) four panel doors should be used in a Craftsman Design, painted in a color that either match the adjacent wall colors or is somewhat darker, but never lighter. EXTERIOR MATERIALS AND COLORS The artful and sensitive use of appropriate colors is necessary to achieve a cohesive community character. Muted tones having a Light Reflectance Value (LRV) below 40 and preferably lower than 35 are required. The surest way to comply with this requirement is to select materials and colors in the deepest earth tone range. Natural materials such as a variety of stone veneers are encouraged and where such materials are used for accent, the related wall colors should be compatible. In general, all textures may be acceptable except those that create an unusual or distracting appearance due to the pattern or coarseness of the texture. The material that best suits the CRAFTSMAN motif is a maintenance free Hardi-Plank applied horizontally or vertically with intermittent slats. As well, a modified Timber Structure of exposed beams and posts is encouraged along with horizontal Hardi- Plank and stone accents. The community will not approve vinyl or metal siding. WALL COLOR In selecting a color for approval, the Committee will review three (3) attributes, including hue (its basic color), value (lightness and darkness), and chroma (intensity). The LRV is the general reference that paint companies use to reference color: the lower the number, the darker the color. Pleasant Harbor Marina and Golf Resort — Design Guidelines 5 MAR 1 2006 The issue of hue and chroma will be addressed based on how well they blend into the site and the surrounding community. The Committee will be looking for muted colors: colors that are muted in hue (the color itself) and chroma (it's intensity). Color is very much affected by architectural design: less complex surfaces will appear lighter than those that have a great deal of articulated shape, texture, shade and shadow. Due to the surrounding natural landscape, the majority of the base wall colors will be darker rather than the primary wall color, although in some instances where the architecture supports it, an accent color may be lighter. NO VINYL OR METAL HORIZONTAL SIDING WILL BE INSTALLED. ROOFING MATERIALS The selected color(s) should respond to the ground plane that varies from the deep green bands of the trees to the more muted tones of the hillside vegetation. Builders are encouraged to utilize the gradient of roof color ranges from the palette of grayed/black tones, to a range of more tan/ brown tones. No more than one material may be used on the sloping roofs of any one complex. The recommended materials are Metal Roofing Materials. All vents, flues, flashings should match the adjacent roof colors. SPECIAL FEATURES As a general rule, all necessary and functional elements, such as light fixtures, benches, gates, and details such as address plaques, etc., should be treated as opportunities to reinforce the design theme of each home. Individual residential identification may either be by monument or on the buildings and such identification must meet criteria established by the appropriate agencies. The Builder, if approved in advance by the Committee and/ or the Final Submittal, may install individual address identification devices that utilize the same materials and colors as the residence and must reflect its design character. No additional signage detached from the residence will be permitted, except for temporary construction signs. Maintenance free decks are encouraged to meet the weather of the environment. EXTERIOR LIGHTING PHILOSPHY To preserve special nature of this site, no residence may be floodlighted. All security, landscaping, and safety lighting shall be low -wattage, incandescent and indirect. No fixtures shall be permitted which shine toward the street or adjacent properties, nor shall any obvious harsh light source be allowed to create "hot spots" within the community. Colored bulbs are not permitted and the use of mercury vapor lights is prohibited. The Committee has, established the following guidelines: Site Lighting means lighting mounted either on the ground, in trees or on-site walls for the purpose of providing security or decorative accent lighting. • Pleasant Harbor Marina and Gotf Resort — Design Guidelines 6 • Building Mounted Lighting means lighting built into or attached to buildings either on walls, ceilings, eaves, or fascias for the purpose of providing general illumination, area illumination, or security illumination. 0 0 Security Lighting means lighting intended to provide bright general illumination of the area adjacent to the residence during emergency situations. • Site Lighting must be directed onto vegetation or prominent site features such as boulders or trees. • Building Mounted Lighting must be directed downward and away from adjacent lots, streets, and open spaces and may be used to light walls or building elements for decorative purpose. • All exterior lighting must provide for significant shielding of light sources, no bare lamps will be permitted. All exterior lighting should be controlled by photocells • Only incandescent lamps with a maximum wattage of 75 watts will be allowed unless express written approval is received from the Committee. • No lighting will be permitted outside the building envelope or outside areas enclosed by patio or building walls. Site lighting must be confined to areas by walls or in the immediate vicinity of the main residence entrance. • Security lighting, which by its nature is bright, will be permitted only with the understanding that it will only be used in emergency. • Each Building shall have not less then 1 light per unit on photo cells. NIGHT LIGHTING Unless mandated in certain areas or for reasons of safety, street lighting will be minimized with the exception of low-level sodium lamps in bollard fixtures or masonry columns provided for pedestrian and vehicular safety at driveway access points. Within a subdivision, all lighting should be minimized and indirect, so as not to interfere or compete with the dramatic panorama and vastness of nighttime views. The Committee must approve all site lighting and it must be limited to specific areas rather than any kind of overall site or building illumination. It must be low intensity, without causing glare to any other property. In no case should the source of the light be a bulb. All areas utilizing fluorescent lights must have louvers or other screening on the windows to eliminate any harsh exposure. Pleasant Harbor Marina and Golf Resort — Design Guidelines 41 ANTENNAES AND SATELITE DISHES The following antennas and satellite dishes are not permitted: • Antennas or dishes that only transmit signals • Antennas or dishes that interfere with reception of video signals by other homes • Antennas or dishes mounted on roofs or buildings that are visible and offensive to view. • Dishes greater than sixteen inches (16") in diameter Unless prohibited above, an antenna or satellite dish may be installed only 1. Inside the attic, garage or living area of a home; or 2. Outside in the back or side yard of a home. Outside installation is allowed only if the plans and specifications for location, attachment, safety and screening are approved in writing by the Design Review Committee for compliance with the following standards: i. Antenna or satellite must be properly bolted and secured in the workmanlike manner; ii. Antenna or satellite must be located behind a solid wall, fence or perennial landscaping in the side yard or back yard of the home; iii. Antenna or satellite must be screened by the above fence or landscaping, to the greatest extent possible, in order to prevent it from being seen from any street, common area or neighborhood home; and iv. Antenna or satellite must be no higher than the fence or landscaping that is screening if from view. v. Antenna or satellite wires must be encased. vi. - All of the antenna or satellite, excluding the transmitter is required to be painted to • match the home. The Owner is liable for all damages to association property, personal property, animals and persons caused by the Owner's installation of an antenna or dish. These location, installation and screening requirements are based on aesthetics, non-interference with reception by neighbors, preservation of property values and safety, including avoidance of injury or property damage from improperly installed or otherwise dangerous antennas or dishes. REFUSE CONTAINMENT All trash enclosure shall be integrally designed to match the main building in color, materials and form. The intent is to minimize the visual impact by design, location, and orientation. Screen walls, landscaping, and combination of screen walls and landscaping or landscaped berms for this purpose shall be between thirty-six (36) inches and forty-eight (48) inches high containment must be enclosed to discourage wild life intervention. LANDSCAPING The goal of landscaping is to maintain the regional character of the natural topography and to provide continuity between the undisturbed areas and the planned residential developments. From yards and areas directly visible from the street, common areas shall incorporate the restricted plant palette for Pleasant Harbor Marina and Golf Resort. All private rear yard landscaping should blend harmoniously with the landscape theme or the native landscape. Supplemental planting within disturbed areas should not appear sparse or barren. Plants should be massed to create relief areas of shade, greenery and flowering vegetation. Pleasant Harbor Marina and GoljResort — Design Guidelines MAR 1 2006 All areas disturbed by construction or re -grading must be re -vegetated with containerized plant material and a native seed mix. A specially prepared flower hydro -seed mix with specifications is provided in the Appendix to be used in all disturbed areas. (See attached approved plant list) Sod is discouraged except in special circumstances agreed to by the Committee. MAJOR LANDSCAPING CATEGORIES All landscaping elements and treatments for Pleasant Harbor Marina and Golf Resort are integral components of enhancing the most positive environmental and aesthetic aspects of this extraordinary property. NATURAL AREAS The Natural Areas is that portion of a lot that lies outside the building envelope. The Natural Area must remain as is. Cleaning of debris and limited trimming are allowed, and in certain cases supplemental landscaping is required if there is existing damage. Any required repair to the Natural Area shall be the responsibility and the expense of the Resident/Occupant. No work in the Natural Area is permitted without the prior written approval of the Committee. Plans for improving any Natural Area must be submitted to the Committee as part of the Landscape Plan Requirements. a • ROAD EDGES AND STREETSCAPES Consistent with the overall landscape theme, road edges should be designed to mitigate potential erosion and to visually integrate the slopes with the surrounding natural terrain. Planting on such slopes will include a carefully orchestrated composition of indigenous material that replicates the native plant densities. Where appropriate, the slopes should be treated as a natural vegetation of junipers, wild flowers, native grasses, and crushed aggregate. IRRIGATION Irrigation of the Natural Area is permitted using non -potable water provided throught the storm retention ponds. (establish restored areas as approved by the Committee). Native vegetation does not require additional water and irrigating these areas can lead to disease and death of the native plants. Since efficient watering systems must be utilized to sustain plant life and preserve the precious water supply, a drip irrigation system should be designed for all containerized plant material. Automatic irrigation time clocks should be cycled for efficient deep watering and spray heads may be incorporated into hillside hydro -seed areas to supplement seasonal rainfall. Layout and nozzle adjustments require special consideration to avoid over spray onto adjacent lots. A temporary drip system may be installed to maintain Transitional and Restored Natural Areas. It is critical that these systems be monitored to avoid over -watering the native landscape. Irrigation plans are to be included in the landscape plan submitted to the Committee. If irrigation systems are not proposed, a maintenance plan for establishing the plant materials and a replacement policy shall be . submitted. The replacement policy must ensure that the owner shall be responsible for restoring the disturbed areas. If plant materials fail from lack of irrigation, maintenance, etc., they must be replaced at the expense of the Developer. Pleasant Harbor Marina and Golf Resort — Design Guidelines 9 r-7 LJ U APPROVED PLANT LIST The Approved Plant List can be found in the Appendix. Plants from the Approved List will be used in all areas and plants that are compatible with the indigenous plant life may be used in the Natural Area where re -vegetation is required, subject to the approval of the Committee. NATIVE PLANTS Native trees of four (4) inch caliper or more are to be protected and should be identified, and reused on the site. If at all possible, improvements should be sited to avoid injuring native plants and trees. PLANTING REQUIREMENTS (NATURAL) Each front yard landscape shall include two (2) trees from the Approved Plant List (minimum of fifteen (15) gallon size). Shrubs and groundcovers shall be planted in adequate quantities to soften the transition from building to ground. Accent courtyard walls, provide accent and color at entry paths. Shrubs and groundcovers should be planted in pleasing groups, harmonious with their respective growth characteristics. Shrubs shall be selected from the Approved Plant List and the density should meet and may exceed the surrounding natural densities. BOULDERS Boulders are encouraged to enhance visual appearance, transition grades, and to contain steep slopes. "Surface select" boulders should be used in front yards along high visibility areas. Large "pit run" boulders may be used to retain slopes. All boulders must be buried a minimum of 1/4 to provide a massive, naturalistic impression. Boulders may be stacked along steep slopes with 25% void areas for planting pockets. Planting densities shall be designed to blend with the natural areas. Crevasse areas between rocks should be sprayed with the native hydro -seed mix. Planting densities shall include one plant per four (4) square feet and one tree per 150 square feet. Non-native colored "River Run" rock is not permitted. RETAINING WALLS All double retaining wall planters shall be landscaped, drip irrigated and maintained by the Owner. Plant material for double retaining walls facing streets shall be Native Plant Material to match existing natural areas. LANDSCAPE LIGHTING All landscape lighting shall conform to the guidelines found in the Architecture section. All lighting is to be approved utilizing Downward — Facing illumination or indirect illumination MAR 1 2CK7 Pleasant Harbor Marina and Golf Resort - Design Guidelines 10 __i • INSTALLATION OF LANDSCAPE Any revisions to landscaping plans for front and rear yard landscaping must be submitted with the Final Architectural Submission. Installation of all landscape must occur within forty-five (45) days after completion of construction and prior to the Final Inspection and release of deposits or bonds. Water Conservation The Pleasant Harbor Marina and Golf Resort is one of Washington's first "Green Communities", where Residents are committed to benefiting the environment through water conservation methods. These include: 1. Rain Water Harvesting: Design Criteria shall be provided by the Developer by way of Storm Water Collection Ponds. 2. Overland Storm Ponding: The Developer has designed 4 storm ponds with a pressurized water system for irrigation and fire retarding purposes. Each lot or multi -family strata plan shall be provided a connection to the irrigation storm pond water system. 3. Appliances: All homes are to be specified with the- following appliances: a. Low -flow shower heads and faucets b. Dual flush low volume toilets c. Front loading washing machine d. Re -vegetation for areas disturbed by construction These water conservation methods should reduce well water consumption to 79 gallons of water per • person per day. Pleasant Harbor Marina and Golf Resort — Design Guidelines 11 KA R 1n PLEASANT HARBOR MARINA AND GOLF RESORT APPLICATION FOR ARCHITECTURAL PLAN REVIEW ..w (Provide all 4 elevations and driveway access on site plan) LOT: OWNER: BUILDER: MAILING ADDRESS: NEW CONSTRUCTION — MULTI FAMILY TOWN HOME BLOCK: PHONE: FAX: ARCHITECT/ DESIGNER: DATE SUBMITTED: CONTACT NAME: EMAIL: PHONE: EXTERIOR COLORS AND MATERIALS • a) EXTERIOR MATERIAL(S): C) STONE MATERIAL(S): e) ROOFING MATERIAL(S): FAX: b) COLOR(S): d) COLOR(S): f) COLOR(S): This Application must be accompanied with a payment of $5000 Damage Deposit. NOTE THAT NO CLEARING, GRADING OR CONSTRUCTION ACTIVITY MAY OCCUR ON YOUR LOT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE DESIGN REVIEW COMMITTEE. ANY CHANGES TO THE APPROVED PLANS MUST BE APPROVED IN ADVANCE BY THE DESIGN REVIEW COMMITTEE. • The damage Deposit will be returned upon successful Final Inspection less costs incurred for recovery of damages or failure to follow the approved plans by the Design Review • Committee. Pleasant Harbor Marina and Golf Resort — Design Guidelines 12 • APPENDIX APPROVED PLANT LIST FOR PLEASANT HARBOR MARINA AND GOLF RESORT Pleasant Harbor, Washington Pleasant Harbor Marina and Golf Resort — Design Guidelines 13 Pleasant Harbor Marina and Golf Resort — Design Guidelines 14 T • Native Plant List for Jefferson County Area: Developed by Top Crop Garden, Farm and Pet for The Pleasant Harbor Marina and Golf Resort _ Note -Due to the diversity of our area and the many different microclimates within the Jefferson County not all plants listed are native in all areas of Jefferson County. Trees: Sizes Available: • White spruce Picea glauca 6'— 10' • Engelman Spruce Picea engelmannel 6'— 10' • Douglas Fir Pseudotsuga menziesil 6'— 10' • LodgePole Pine Pinus contorta 6'— 10' • Ponderosa Pine Pinus controrta 6'— 10' • Larch Larix Occidentilis 6'— 10' • Trembling Aspen Populas Tremuloides 50mm — 75mm • Paper Birch Papyrisfers 50mm — 75mm • Douglas Maple Acer Glabrom 50mm — 75mm Note — most trees are also available in pot sizes ranging from 7gal. to 58gal. Shrubs: • Red Osier Dogwood (Red Twig) Comus sericea 42 & #5 pot • Chokecherry Prunus Virginians #2 & #5 pot • • Common Juniper Juniperus communis #2 & #5 pot • Creeping Juniper Juniperus Horizontialis #2 & #5 pot * Named varieties of the native may need to be substituted depending on availability • Rocky Mountain Juniper Juniperus scopuiorum #2 & 45 pot • Buffalo Berry Shepherdia candadensis #2 & #5 pot • Alpine Current Ribes aipinum #2 & #5 pot • Raspberrie Rubus idaeus #1 & #2 pot • Prickly Rose Rosa acicularis #2 & #5 pot • Prairie Rose Rosa woodsli #2 pot • Smooth sumac Rhus glabra #2 & #5 pot • Serviceberry Amelanchier ainquifolla #2 & #5 pot • Snowbush Ceanothus velutinous Not currently available • Oregon Grape Nahonia aquifoloul #1 & #2 pot • Mock Orange Philadelphus lewisii #2 & #5 pot • Thimbleberry Rbus parviflorus # 1 pot • Scouler's Willow Satic scouleriana #2 pot • Blue Elderberry Sambucas cerulean #2 pot • Red Elderberry Sambucus racemosa #2 pot • Flat —Topped Spirea Spirea betufolla Not currently available • • High Bush Cranberry Vibernum trilobum #2 & #5 pot • Blue Huckleberry Vaccinium Ovalifolium #1 pot • Red Huckleberry Vaccinium Parvifolium Not currently available Pleasant Harbor Marina and Golf Resort — Design Guidelines 14 • • • Ground Covers: • Kinnikinnick • Bunchberry • Oregon Stoncrop • Creeping Oregon Grape • Wild Ginger Perennials: • Yarrow • Pearly Everlasting • Common Thrift • Indian Paintbrush • Timber Oatgrass • Foxglove • Kin's Gentain • Leatherleaf Saxifrage • Tiger Lily • Large -Leaved Lupine • False Solomon's Seal • Star Flowered Solomon's Seal • Goldenrod • Foamflower • Beargrass • Black Eyed Susan • Alaskan Shasta Daisey • Globe Flower • Loosestrife • Yellow Loosestrife • Mallow • Perennial Dusty Miller • Artie Campion • Rose Campion • Perrenial seat pea • Japanese Painted Fern • Ostrich Fern • Cinnamon Fern • Sword Fern • Shooting Star • Blue Fescue • Baby's Breath Pleasant Harbor Marina and Golf Resort - Design Guidelines 1 MAR Arctstaphyios uva-ursi 4" and #I pot Cornus Canadensis 4" and #1 pot Sedum oreganum 4" pot Mahona Repens #1 pot Caudataum # 1 pot Achiliea millefolium Anaphalis margaritacea Aquilegia Formosa America martima Danthonia intermedi Digitalls Purpurea Gentiana Sceptrum Ledtarrhena pyrolifolia Lilium columbianum Lupius Polyphyllius Smilacina recemosa Smilacina stallata Solidango Canadensis Tearella trifoliate Xerophyllum tenax Rudebeckia fulgida Leycanthemum Trollius Pemilus Lysimachia-e punctata Lysimachia-e punctata Maiva sylvestris zebrine Artemisia Stelleriana Lychinis alpine Lychinis coronaria Athyrium fillix — femina Athyrim niponicum `Pictum' Matteucia struthiopteris Osmunda cinnamonmea Polystichum setiferum `Div' Dod ecatheon meadia Fescue glauca Gypsophila panculiata 1 206 15 • Alternative Ornamental Shrubs and Trees: It is our belief that the following shrubs will not look out of place and in fact blend well with the natural surroundings of the Jefferson County area. They will also likely be more readily available at most time during the season. • Junipers (most varieties) • Mugho Pine • Nest Spruce • Dogwood (most varieties) • Burning bush • Salt Bush • Darts Gold Ninebark • Diabolo Ninebark • Purple leaf Sand Cherry • Blue Fox Willow • Arctic Willow • Lialac • Autumn Magic Choke Cherry • Sea Buckthorn • Mock Orange (most varieties) • Staghorn sumac • Colorando Spruce (blue & green) • Scotch Pine • Austrian Pine Columnar Blue Spruce • Weeping Larch • NOTE: Native plant material in general is less available and sometimes but not always less attractive ornamentally than much of the regular nursery material available at our garden centers. We recommend giving as much lead-time as possible in order to ensure availability on the native material. Sample flexibly on substitutions with similar or suitable ornamental plant material would help ensure that the end customer avoids frustration with unavailability of certain native plants. Pleasant Harbor Marina and Golf Resort — Design Guidelines 16