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HomeMy WebLinkAbout075Michelle Farfan Sent: To: Cc: From: Attachments: Phili p Hunsucker < PHunsucker@cojefferson.wa.us > Wednesday, May L0, 20L7 4:43 PM Michelle Farfan Patty Charnas FW:ATTORNEY-CUENT PRIVILEGED - Sheriff's MOU 2077 0510 MOU Re Sheriff - DRAFT - SIGNED BY SHERIFF.pdf;2017 05 10 MOU Re Sheriff - DRAFT,doc Subject: Michelle: Attached is the draft MOU for the Sheriff in Word and PDF formats. I should be getting the Sheriffs signature later today or tomorrow and will forward it to you. Philip Philip C. Hunsucker f efferson County Chief Civil Deputy Prosecuting Attorney Iefferson County Prosecutor's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 AII e-mail sentto this address has been received by the Jefferson Countlt e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exemptfrom production to the requester according to state law, including RCW 42,56 and other state laws, 1 Memorandum of Understandinq for Support of Police Services This Memorandum of Understanding for Support of Police Services ("MOU") is between by and between PLEASANT HARBOR MARINA AND GOLF RESORT, LLP, a Washington limited liability partnership (referred to as "Developer") and JEFFERSON COLTNTY (the "CounQ/"), a municipal corporation under the laws of the State of Washington. WHEREAS, Developer is the owner of real property consisting of approximately 237.88 acres located within Jefferson County ("Developer's Property," as defined below). WHEREAS, the County approved Developer's application to designate Developer's Property as a master planned resort pursuant to RCW 36.70A.360 in the County Comprehensive Plan to allow for resort-related development including, but not limited to, a golf course and other on-site indoor and outdoor recreational amenities, conference center, resort-related commercial uses, long-term and short-term residential units not to exceed 890 units, and open space ("Pleasant Harbor MPR"). WHEREAS, the Developer expects the buildout of Developer's Property to occur over the next five to twenty years or as mutually agreed upon by the Developer and County, depending upon market conditions and Developer. WHEREAS, the Washington State Legislature enacted RCW 36.708.170-.210 to strengthen the land use planning process and reduce the costs of development by authorizing the County to enter into a private agreement with a landowner regarding the development of its real property located within the County's jurisdiction ("Development Agreement"). WHEREAS, in Ordinance 01-0128-08, the County has required the Developer to "negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the Development Agreement. " 1. Definitions. a. "County" means Jefferson County, a municipal corporation under the laws of the State of Washington. b. "Developer" means Pleasant Harbor Marina and Golf Resort, LLP, a Washington limited liability partnership, including its successors and assigns. c. "Development Agreement" means the agreement to be completed between the County and the Developer consistent with RCW 36.708.170-.210. d. "Developer's Property" means the real property owned by the Developer that is the subject of the pending application for a master planned resort at Pleasant Harbor in Brinnon, Washington. llPage e. "First Responder" means Emergency Medical Responder f. "First Responder Certification" means a certification issued by the Washington Department of Health for an Emergency Medical Responder (First Responder).r g. "JSCO" means the Jefferson County Sheriff s Office. h. "Levels of Police Service" means the total number of calls during the year from the South County for: (i) Burglary; (ii) Domestic violence; (iii) Disorderly Conduct; (iv) Driving Under the Influence; (v) Drunkenness; (vi) False Alarms; (vii) Police Calls for Fire Service; (viii) marine complaints; and, (ix) theft. i. "MOIJ" means this MOU for Support of Police Services. j. "party" means one of the parties k. "parties" means Jefferson County, a municipal corporation under the laws of the State of Washington and Pleasant Harbor Marina and Golf Resort, LLP, a Washington limited liability partnership, including its successors and assigns. 1. "South County" means the area of Jefferson County starting from Dabob and going East to the Olympic National Forrest, then South to the border with Mason County, WA and back up the coast of the Hood Canal to Dabob. m. "Undertakings" means the undertakings by the Developer in Section 3 of this MOU 2. MOU is Conditioned on Approval of the Development Agreement bv the Countv. The Developer's Undertakings in this MOU are conditioned on the approval of the Development Agreement by the County. 3. Developer's Undertakings. The Developer will provide the following to mitigate increase of service by the Jefferson County Sheriffls Office ("JCSO") anticipated with the construction of the resort at the Developer's Property as follows: a. To facilitate police service in South County, the Developer willprovide to the JCSO at no cost to the county a "public service room" on the Developer's Property that is at least 500 square feet. This space would be exclusively for county law enforcement use. However, the County will be responsible for any communication, furniture or other equipment needed to make the space useful for law enforcement purposes. b. The Developer will reserye one 24-foot slip for the JSCO boat to dock at the Marina on a temporary basis when the JSCO boat is in the South County area. r http://www.doh.wa.eov/Portals/l /Documents/Pubs/530060.pdf 2lP a ge c. To minimize the increase in call volume in South County because of the development on the Developer's Property, the Developer will provide the following service on at the Developer's Property. d. The Developer will continue to maintain a security systems and video monitoring of the Marina and the Developer's Property with security staff on duty or on call 24 hours a day, 7 days a week. e. When construction begins, and through the construction phases, the Developer willmaintain and increase security staff and security systems as needed to controltheft and vandalism on the Developer's Property. f. After the first occupancy following construction at the Developer's Property, the Developer will maintain security staff sufficient to provide 2417 service to the Developer's Property including roving patrol, video systems, intrusion systems and gated entry as necessary. g. The security staff at the Developer's Property will not act as law enforcement and will comply with all the requirements for security guards in RCW title 18, Chapter 18.170. h. The all security staff at the Developer's Property will be licensed pursuant to RCW 18.170.030, if not an Armed Private Security Guard as defined in RCW 18.170.010(1) or RCW 18.170.040, if an Armed Private Security Guard as defined in RCW 18.170.010(l); i. Throughout planning, construction and operation of the Developer's Property the Developer's management and security staff will work to improve communication and build relationship with the JCSO to ensure best possible performance, service and cooperation. j. The Developer expects that security staff would be first on scene in the event of a medical emergency and agrees that all security staff shall possess a current a certification issued by the Washington Department of Health of First Responder or higher. k. Communication between the JCSO and the Developer's security is of primary importance. The security staff will make every effort to build a solid working relationship with JCSO. l. The County and the Developer hope that increase in taxes collected by the County because of the construction on the Developer's Property may result in sufficient revenue pay for County services provided to the Developer's Property. However, the parties agree that any increased level of police service in the South County likely would result solely from the Developer's Property since no other projects are expected of the size and complexity as the plan for the resort at the Developer's Property. Therefore, if: (a) The Developer fails to maintain a fulltime security staff as required by this MOU;or, (b) An annual increase in cost of police services in the South County is greater than25 percent of Levels of Police Service provided by JCSO in2016, then the Developer shallprovide sufficient funds to the County on July l't of each calendar year to pay for one full time deputy based in the South County. 3lPage 4 General Terms. Controlling Law. This MOU is entered into in the State of Washington. Thisa. MOU shall be governed by and construed in accordance with the laws of the United States and of the State of Washington as if applied to transactions entered into and to be performed wholly within Washington between California residents. No party shall argue or assert than any law other than Washington law applies to the governance or construction of this MOU. b. Binding on Successors and Assigns. This MOU will extend to and be binding upon, and inure to the benefit ofthe successors and assigns, as the case may be, ofeach party to this MOU. c. Notice. Any notice required by this MOU will be given in accordance with the notice requirements of the Development Agreement. d. No Assignment. The parties represent, warrant and agree that they have not assigned, transferred, conveyed, encumbered or in any manner otherwise disposed of allor any portion of the rights covered by this MOU, whether before or after they were obtained, regardless of whether they have been obtained as of the date of this MOU. e. Entire Agreement. This MOU constitutes the entire agreement between the parties relating to this subject matter and its terms are contractual, not a mere recital. Except as specifically provided in this MOU, this MOU supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. f. No Inducements. The parties acknowledge that there have been no inducements or representations upon which any of the parties have relied entering into this MOU, except as expressly set forth in this MOU. g. No Third-Party Beneficiaries. The parties do not intend, and nothing in this MOU shall be construed to mean, that any provision in this MOU is for the benefit of any person or entity who is not a party. h. Modification of this MOU. This MOU may be amended or supplemented only by a writing that is signed by duly authorized representatives of all of the parties. i. Effect of Partial Invalidity. If any term or provision of this MOU is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this MOU and such other terms and provisions shall continue in full force and effect. The parties understand, intend, and agree that this MOU and each of the terms, covenants, and provisions of this MOU shall be enforced to the greatest extent permitted by law. If any part of this MOU is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this MOU will remain in full force. j. Signature in Counterparts. The parties agree that separate copies of this MOU may be signed by each of the parties and this MOU will have the same force and effect as if the original had been signed by all the parties. 4lPage k. Cooperation. The parties agree that they shall facilitate, in good faith, the effectuation of this MOU. L Voluntary Undertaking. The parties acknowledge that they have read this MOU and are fully aware of the contents of this MOU and its legal effect. This MOU is entered into voluntarily and without any coercion by or undue influence on the part of any person, firm or corporation. m. Investigation and Complete Understanding. The parties acknowledge that they have made such investigation of the facts pertaining to this MOU and all matters contained herein as they deem necessary, desirable or appropriate. The parties expressly understand that the facts later may turn out to be other than or different from the facts now known or believed to be true. The parties expressly assume the risk of such different facts and agree that all provisions of this MOU shall remain in all respects effective and enforceable and not subject to termination or rescission by reason ofany such different facts. n. Independent Legal Advice and Investigation. In entering into this MOU, the parties acknowledge that they have received independent legal advice from their own counsel and have relied on their own investigation and upon the advice of their own attorney with respect to the advisability of making the settlement provided in this MOU. o. No Oral Waiver. No term or provision of this MOU will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either pary, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. p. Arms-Length Negotiations. The parties agree that this MOU has been negotiated at arms length, with the assistance and advice of competent, independent legal counsel. q. Joint Draftine Effort. The parties acknowledge and agree that the drafting of this MOU has been a joint effort by the parties and that this MOU shall not be deemed prepared or drafted by any one of the parties. The terms of this MOU shall be interpreted fairly and in accordance with their intent and not for or against any one of the parties. The parties further acknowledge and agree that each of the parties possess equal bargaining power with respect to this MOU. 2. Representations and Warranties The Developer represents and warrants: a. That it is fully authorized to enter into this MOU; b. That the Developer is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; 5lPage c. That the making and performance of this MOU will not violate any provision of law or of the Developer's articles of incorporation, charter or by-laws; d. That the Developer has taken all necessary corporate and internal legal actions to duly approve the making and perforrnance of this MOU and that no further corporate or other internal approval is necessary; and, e. That the Developer has read this MOU in its entirety and knows the contents of this MOU, that the terms of this MOU are contractual and not merely recitals, and that they have signed this MOU, having obtained the advice of legal counsel. PLEASANT HARBOR MARINA AND GOLF RESORT, LLP M. Garth Mann, Title: Pleasant Harbor Marina and Golf Resort, LLP Date Approved Bv Jefferson Countv Sheriff Office: David Stanko, Jefferson County Sheriff Date: 6lPage Memorandum of Understandin s for Sunnort of Police Services This Memorandum of Understanding for Support of Police Services ("MOU") is between by and between PLEASANT HARBOR MARINA AND GOLF RESORT, LLP, a Washington limited liability partnership (referred to as "Developer") and JEFFERSON COUNTY (the "County"), d municipal corporation under the laws of the State of Washington. WHEREAS, Developer is the owner of real property consisting of approximately 237.88 acres located within Jefferson County ("Developer's Property," as defined below). WHEREAS, the County approved Developer's application to designate Developer's Property as a master planned resort pursuant to RCW 36.70A.360 in the County Comprehensive Plan to allow for resort-related development including, but not limited to, a golf course and other on-site indoor and outdoor recreational amenities, conference center, resort-related commercial uses, long-term and short-term residential units not to exceed 890 units, and open space ("Pleasant Harbor MPR"). WHEREAS, the Developer expects the buildout of Developer's Property to occur over the next five to twenty years or as mutually agreed upon by the Developer and County, depending upon market conditions and Developer. WHEREAS, the Washington State Legislature enacted RCW 36.708.170-.210 to strengthen the land use planning process and reduce the costs of development by authorizing the County to enter into a private agreement with a landowner regarding the development of its real property located within the County's jurisdiction ("Development Agreement"). WHEREAS, in Ordinance 01-0128-08, the County has required the Developer to "negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the Development Agreement." 1. Definitions. a. "County" means Jefferson County, a municipal corporation under the laws of the State of Washington. b. "Developer" means Pleasant Harbor Marina and Golf Resort, LLP, a Washington limited liability partnership, including its successors and assigns. d. o'Developer's Property" means the real property owned by the Developer that is the subject of the pending application for a master planned resort at Pleasant Harbor in Brinnon, Washington. l lPage c. "Development Agreement" means the agreement to be completed between the County and the Developer consistent with RCW 36.708.170-.210. e. "First Responder" means Emergency Medical Responder. f. "First Responder Certification" means a certification issued by the Washington Department of Health for an Emergency Medical Responder (First Responder).1 g. "JSCO" means the Jefferson County Sherifls Office. h. "Levels of Police Service" means the total number of calls during the year from the South County for: (i) Burglary; (ii) Domestic violence; (iii) Disorderly Conduc! (iv) Driving Under the Influence; (v) Drunkenness; (vi) False Alarms; (vii) Police Calls for Fire Service; (viii) marine complaints; and, (ix) theft. i. .'MOLJ" means this MOU for Support of Police Services. j. "party" means one of the parties. k. "parties" means Jefferson County, a municipal corporation under the laws of the State of Washington and Pleasant Harbor Marina and Golf Resort, LLP, a Washington limited liability partnership, including its successors and assigns. l. "South County" means the area of Jefferson County starting from Dabob and going East to the Olympic National Forrest, then South to the border with Mason County, WA and back up the coast of the Hood Canal to Dabob. m. "Undertakings" means the undertakings by the Developer in Section 3 of this MOU. 2. MOU is Conditioned on Aoproval of the Development Agreement by the County. The Developer's Undertakings in this MOU are conditioned on the approval of the Development Agreement by the County. 3. Developer's Undertakinss. The Developer will provide the following to mitigate increase of service by the Jefferson County Sheriff s Offrce ("JCSO") anticipated with the construction of the resort at the Developer's Property as follows: a. To facilitate police service in South County, the Developer will provide to the JCSO at no cost to the county a "public service room" on the Developer's Property that is at least 500 square feet. This space would be exclusively for county law enforcement use. However, the County will be responsible for any communication, furniture or other equipment needed to make the space useful for law enforcement purposes. b. The Developer will reserve one 24-foot slip for the JSCO boat to dock at the Marina on a temporary basis when the JSCO boat is in the South County area. t http://www.doh.wa.eov/Portals/1 /Documents/Pubs/530060.pdf 2lP age c. To minimize the increase in call volume in South County because of the development on the Developer's Property, the Developer will provide the following service on at the Developer's Property. d. The Developer will continue to maintain a security systems and video monitoring of the Marina and the Developer's Property with security staff on duty or on call 24 hours aday, 7 days a week. e. When construction begins, and through the construction phases, the Developer will maintain and increase security staff and security systems as needed to control theft and vandalism on the Developer's Property. f. After the first occupancy following construction at the Developer's Property, the Developer will maintain security staff sufficient to provide 2417 sewice to the Developer's Property including roving patrol, video systems, intrusion systems and gated entry as necessary. g. The security staff at the Developer's Property will not act as law enforcement and will comply with all the requirements for security guards in RCW title 18, Chapter 18.170. h. The all security staff at the Developer's Property will be licensed pursuant to RCW 18.170.030, if not an Armed Private Security Guard as defined in RCW 18.170.010(1) or RCW 18.170.040, if an Armed Private Security Guard as defined in RCW 18.170.010(1); i. Throughout planning, construction and operation of the Developer's Property the Developer's management and security staff will work to improve communication and build relationship with the JCSO to ensure best possible performance, service and cooperation. j. The Developer expects that security staff would be first on scene in the event of a medical emergency and agrees that all security staff shall possess a current a certification issued by the Washington Department of Health of First Responder or higher. k. Communication between the JCSO and the Developer's security is of primary importance. The security staff will make every effort to build a solid working relationship with JCSO. l. The County and the Developer hope that increase in taxes collected by the County because of the construction on the Developer's Property may result in sufficient revenue pay for County services provided to the Developer's Property. However, the parties agree that any increased level of police service in the South County likely would result solely from the Developer's Property since no other projects are expected of the size and complexity as the plan for the resort at the Developer's Property. Therefore, if: (a) The Developer fails to maintain a full time security staff as required by this MOU; or, (b) An annual increase in cost of police services in the South County is greater than 25 percent of Levels of Police Service provided by JCSO in2016, then the Developer shall provide sufficient funds to the County on July 1't of each calendar year to pay for one full time deputy based in the South County. 3lPage 4. General Terms. a. Controlling Law. This MOU is entered into in the State of Wrashington. This MOU shall be governed by and construed in accordance with the laws of the United States and of the State of Washington as if applied to transactions entered into and to be performed wholly within Washington between Califomia residents. No party shall argue or assert than any law other than Washington law applies to the governance or construction of this MOU. b. Bindinq on Suscessors and Assiqns. This MOU will extend to and be binding upon, and inure to the benefit of the successors and assigns, as the case may be, of each party to this MOU. c. Notice. Any notice required by this MOU will be given in accordance with the notice requirements of the Development Agreement. d. No Assignment. The parties represent, warrant and agree that they have not assigned, transferred, conveyed, encumbered or in any manner otherwise disposed of all or any portion of the rights covered by this MOU, whether before or after they were obtained, regardless of whether they have been obtained as of the date of this MOU. e. Entire Agreement. This MOU constitutes the entire agreement between the parties relating to this subject matter and its terms are contractual, not a mere recital. Except as specifically provided in this MOU, this MOU supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. f. No Inducements. The parties acknowledge that there have been no inducements or representations upon which any of the parties have relied entering into this MOU, except as expressly set forth in this MOU. g. No Third-Party Beneficiaries. The parties do not intend, and nothing in this MOU shall be construed to mean, that any provision in this MOU is for the benefit of any person or entity who is not a party. h. Modification of this MOU. This MOU may be amended or supplemented only by a writing that is signed by duly authorized representatives of all of the parties. i. Effect of Panial Invaliditv. If any term or provision of this MOU is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this MOU and such other terms and provisions shall continue in full force and effect. The parties understand, intend, and agree that this MOU and each of the terms, covenants, and provisions of this MOU shall be enforced to the greatest extent permitted by law. If any pan of this MOU is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this MOU will remain in full force. j. Signature in Counterparts. The parties agree that separate copies of this MOU may be signed by each of the parties and this MOU will have the same force and effect as if the original had been signed by all the parties. 4lPage k. Cooperation. The parties agree that they shall facilitate, in good faith, the effectuation of this MOU. l. Voluntary Undertakine. The parties acknowledge that they have read this MOU and are fully aware of the contents of this MOU and its legal effect. This MOU is entered into voluntarily and without any coercion by or undue influence on the part of any person, firm or corporation. m. Investigation and Complete Understandine. The parties acknowledge that they have made such investigation of the facts pertaining to this MOU and all matters contained herein as they deem necessary, desirable or appropriate. The parties expressly understand that the facts later may turn out to be other than or different from the facts now known or believed to be true. The parties expressly assume the risk of such different facts and agree that all provisions of this MOU shall remain in all respects effective and enforceable and not subject to termination or rescission by reason ofany such different facts. n. Independent Leeal Advice and Investigation. In entering into this MOU, the parties acknowledge that they have received independent legal advice from their own counsel and have relied on their own investigation and upon the advice of their own attorney with respect to the advisability of making the settlement provided in this MOU. o. No Oral Waiver. No term or provision of this MOU will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. p. Arms-Length Negotiations. The parties agree that this MOU has been negotiated at arms length, with the assistance and advice of competent, independent legal counsel. q. Joint Drafting Effon. The parties acknowledge and agree that the drafting of this MOU has been a joint effort by the parties and that this MOU shall not be deemed prepared or drafted by any one of the parties. The terms of this MOU shall be interpreted fairly and in accordance with their intent and not for or against any one of the parties. The parties further acknowledge and agree that each of the parties possess equal bargaining power with respect to this MOU. 2. Representations and Warran[Les The Developer represents and warrants: a. That it is fully authorized to enter into this MOU; b. That the Developer is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; 5lPage c. That the making and performance of this MOU will not violate any provision of law or of the Developer's articles of incorporation, charter or by-laws; d. That the Developer has taken all necessary corporate and internal legal actions to duly approve the making and performance of this MOU and that no further corporate or other internal approval is necessaryi md, e. That the Developer has read this MOU in its entirety and knows the contents of this MOU, that the terms of this MOU are contractual and not merely recitals, and that they have signed this MOU, having obtained the advice of legal counsel. PLEASANT HARBOR MARINA AND GOLF RESORT, LLP M. Garth Mann, Title: Pleasant Harbor Marina and Golf Resort, LLP Date: Approved Bv Jefferson Countv Sheriff Office: David Stanko, Jefferson County Sheriff Date: 6lPage