HomeMy WebLinkAbout099Preliminary Draft 6/7/2017 2:21 PM
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DEVELOPMENT AGREEMENT
BY AND BETWEEN JEFFERSON COUNTY,
WASHINGTON AND PLEASANT HARBOR
MARINA AND GOLF RESORT, LLP
RELATING TO THE DEVELOPMENT
COMMONLY KNOWN AS THE PLEASANT
HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
Commented [JC1]: The County had wanted to call this the
Brinnon MPR. We’re fine with Pleasant Harbor, but I raised it in
case the Commissioners object to the name..
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Table of Contents
DEVELOPMENT AGREEMENT ................................................................................... 7
1 RECITALS. ............................................................................................................. 7
2 EFFECTIVE DATE AND TERM. ........................................................................... 8
2.1 Effective Date. ........................................................................................... 8
2.2 Term. ......................................................................................................... 8
2.3 Modification. ............................................................................................. 8
3 DEVELOPER’S PROPERTYPROPERTY. ............................................................. 8
4 PRESERVATION OF NATIVE AMERICAN TREATY RIGHTS. ......................... 9
4.1 Recognition of Native American Treaty Rights. ......................................... 9
4.1.1 Recognition of Fishing Rights. ................................................................... 9
4.1.2 Recognition of Hunting Rights. .................................................................. 9
4.1.3 Recognition of Cultural Rights. ................................................................ 10
4.2 Preservation of Treaty Rights. .................................................................. 10
5 IMPACT ON WATER QUALITY OUTSIDE OF THE DEVELOPER’S
PROPERTYPROPERTY ....................................................................................... 10
5.1 Recognition of Significant Nearby Natural Resources. ............................. 10
5.2 Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources. ........................................................................................ 11
6 RESERVATION OF POLICE POWER OF THE COUNTY ................................. 11
6.1 Police Power. ........................................................................................... 11
6.2 Reservation of County Authority. ............................................................ 11
7 DEVELOPMENT STANDARDS. ......................................................................... 11
7.1 Permitted Uses and Density Standards; Zoning. ....................................... 11
7.2 Planning Goals and Objectives. ................................................................ 12
7.3 Stormwater Standards. ............................................................................. 12
7.3.1 Stormwater Subject to Best Management Practices and the County’s
Stormwater Management Requirements. .................................................. 12
7.3.2 Stormwater Management in Public Roads, Rights-of-Way and Easements.
................................................................................................................ 12
7.3.3 Stormwater Management in Private Rights-of-Ways ................................ 12
7.4 Critical Area Standards ............................................................................ 12
7.5 Land Division Standards .......................................................................... 12
7.6 Shoreline Master Program ........................................................................ 13
7.7 Additional Development Standards. ......................................................... 13
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7.8 Compliance with Ordinance 01-0128-08. ................................................. 13
7.8.1 Condition 63(e). ....................................................................................... 13
7.8.2 Condition 63(f)......................................................................................... 13
7.8.3 Condition 63(k). ....................................................................................... 13
7.8.4 Condition 63(l). ........................................................................................ 13
7.8.5 Condition 63(p). ....................................................................................... 14
7.8.6 Condition 63(r)......................................................................................... 14
7.8.7 Condition 63(s). ....................................................................................... 14
7.8.8 Condition 63(t). ........................................................................................ 14
7.8.9 Condition 63(x). ....................................................................................... 15
7.8.10 Condition 63(z). ....................................................................................... 15
7.9 The Pleasant Harbor MPR Water Service. ................................................ 15
7.10 The Pleasant Harbor MPR Sewer Service. ............................................... 15
7.11 Memoranda of Understanding. ................................................................. 15
7.11.1 School Services Mitigation. ...................................................................... 16
7.11.2 Fire and EMS Services Mitigation. ........................................................... 16
7.11.3 Law Enforcement Services Mitigation. ..................................................... 16
7.11.4 Transportation Services Mitigation. .......................................................... 16
7.11.5 Healthcare Services Mitigation. ................................................................ 16
7.11.6 Housing Mitigation. ................................................................................. 16
7.11.7 Parks and Recreation Mitigation. .............................................................. 16
7.11.8 MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08. ................. 17
7.11.9 The Developer Acknowledges that its Undertakings in the MOUs Survive
the Term of this Agreement...................................................................... 17
8 STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY
COUNTY. ............................................................................................................. 17
8.1 County Processing and Review. ............................................................... 17
8.2 SEPA Compliance. .................................................................................. 17
8.2.1 Environmental Impact Statement. ............................................................. 17
8.2.2 Supplemental Environmental Impact Statement. ....................................... 18
8.2.3 Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required. ...................... 18
8.2.4 Future SEPA Review for Individual Projects. ........................................... 18
8.3 Vesting of Development Standards and Mitigation. .................................. 19
8.3.1 Scope of Vesting. ..................................................................................... 19
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8.3.2 Vesting Period. ......................................................................................... 19
8.3.3 Default Standards and Requirements. ....................................................... 19
8.3.4 State and Federal Law. ............................................................................. 19
8.3.5 No Vested Rights against Federal or State Requirements. ......................... 19
8.3.6 Building Codes......................................................................................... 20
9 PHASING. ............................................................................................................ 20
9.1 Phasing Plan. ........................................................................................... 20
9.1.1 Phases Proposed. ...................................................................................... 20
9.1.2 Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to
Stand Alone. ............................................................................................ 20
9.1.3 Phase 1. .................................................................................................... 20
9.1.4 Phase 2. .................................................................................................... 20
9.1.5 Phase 3. .................................................................................................... 21
9.1.6 Phase 4. .................................................................................................... 21
9.2 Preliminary Facilities. .............................................................................. 21
9.2.1 Water System. .......................................................................................... 21
9.2.2 Sewer System. .......................................................................................... 21
9.2.3 Road Network. ......................................................................................... 21
9.2.4 Landscaping. ............................................................................................ 21
9.2.5 Parking. .................................................................................................... 21
9.2.6 County Approval of Preliminary Facilities Required. ............................... 22
9.3 Public Amenities and Access. .................................................................. 22
10 INDEMNITY. ....................................................................................................... 22
10.1 Indemnified Claims. ................................................................................. 22
10.2 The Developer’s Obligations. ................................................................... 23
10.2.1 Scope. ...................................................................................................... 23
10.2.2 Payment of Defense Costs. ....................................................................... 23
10.2.3 No Waiver of RCW 4.96.020 by the Developer. ....................................... 23
10.2.4 Cooperation. ............................................................................................. 23
10.2.5 Best Efforts to Obtain Release of the County. ........................................... 23
10.2.6 Claims against Both the County and the Developer. ................................. 23
10.2.7 The Developer is the Real Party in Interest. .............................................. 24
10.3 The County’s Obligations. ....................................................................... 24
10.3.1 Notice. ..................................................................................................... 24
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10.3.2 Cooperation. ............................................................................................. 24
10.3.3 Consent to Counsel Selected by the Developer. ........................................ 24
10.4 Preservation of Privileges......................................................................... 24
10.5 Limitations............................................................................................... 25
10.5.1 No Indemnity for Claims Other than Indemnified Claims. ........................ 25
10.5.2 Claims Based on Comparative Fault. ........................................................ 25
10.6 Survival. .................................................................................................. 25
11 GENERAL PROVISIONS..................................................................................... 25
11.1 Governing Law. ....................................................................................... 25
11.2 Binding on Successors. ............................................................................ 25
11.3 Assignment. ............................................................................................. 26
11.3.1 Right to Transfer, Consent of the County Not Required. ........................... 26
11.3.2 Obligations of the Developer and Transferee under this Agreement. ......... 26
11.4 Release of the Developer’s Liability by Assignment. ............................... 26
11.4.1 Transfer and Assumption of All Obligations Under this Agreement
Required. ................................................................................................. 26
11.4.2 Results of Effective Assignment. .............................................................. 26
11.4.3 Effect of Partial Assignment. .................................................................... 27
11.5 Recording as a Covenant Running with the Land. .................................... 27
11.6 Release as to Residential Development. ................................................... 27
11.7 Interpretation. .......................................................................................... 27
11.8 Severability. ............................................................................................. 27
11.9 Amendment. ............................................................................................ 27
11.10 Exhibits and Appendices. ......................................................................... 28
11.11 Headings. ................................................................................................. 28
11.12 Time of Essence. ...................................................................................... 28
11.13 Dispute Resolution. .................................................................................. 28
11.14 Default and Remedies. ............................................................................. 29
11.15 No Third Party Beneficiaries. ................................................................... 29
11.16 Construction. ........................................................................................... 29
11.17 Signature in Counterparts. ........................................................................ 29
11.18 Notice. ..................................................................................................... 29
11.19 Estoppel Certificates. ............................................................................... 30
11.20 Cooperation. ............................................................................................ 30
11.21 Voluntary Undertaking. ........................................................................... 31
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11.22 No Waiver. .............................................................................................. 31
11.23 No Private CCR Enforcement by the County. .......................................... 31
11.24 Entire Agreement. .................................................................................... 31
11.25 No Assignment. ....................................................................................... 31
12 REPRESENTATIONS AND WARRANTIES. ...................................................... 32
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered into this _____
day of ________, 2017, by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership (referred to as “the Developer”)
and JEFFERSON COUNTY (the “County”), a municipal corporation under the laws of the
State of Washington, pursuant to RCW 36.70B.170-.210.
1 RECITALS.
WHEREAS, the Developer is the owner of real property consisting of
approximately 237.88 acres located within the County which property is described with
particularity in Exhibit 1 (“the Developer’s “Property”).
WHEREAS, the County approved the Developer’s application to designate the
Developer’s PropertyProperty 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 (“the Pleasant Harbor MPR”).
WHEREAS, buildout of the Developer’s PropertyProperty is expected to occur
over the next ten to twenty-five years or as mutually agreed upon by the Developer and the
County in accordance with Section 11.9 depending upon market conditions, and
Developer, the County, and members of the public at large will invest considerable time in
the County permit and review process for the future buildout of the Developer’s
PropertyProperty.
WHEREAS, the Washington State Legislature enacted RCW 36.70B.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.
WHEREAS, the County has determined that this Agreement will facilitate orderly
buildout of the Developer’s PropertyProperty within the Pleasant Harbor MPR and will
further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities, uses, infrastructure, development
standards and other aspects of the development review process.
WHEREAS, the Parties to this Agreement acknowledge the Zoning Ordinance for
the Pleasant Harbor MPR (Chapters 17.***-17.*** JCC) is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson County
Comprehensive Plan and is consistent with the goals and requirements of the Growth
Management Act, Chapter 36.70A RCW.[note: insert Ordinance 01-0128-08]
WHEREAS, pursuant to RCW 36.70B.200, this Agreement [note: procedural
recital will be drafted in final once times and dates of noticing, public comment and
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hearings are knownapproved at a hearing was held before the County Board of County
Commissioners on ***DATE, 2017, after a forty-five (45) day comment period, which ran
to ***DATE, 2017 and. The BOCC authorized execution of this Agreement by Resolution
No. *** adopted on ***DATE, 2017.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW THEREFORE, in consideration of the promises, covenants, and provisions
set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
2 EFFECTIVE DATE AND TERM.
2.1 Effective Date.
The effective date shall be the date of the adoption of a resolution by the County Board of
County Commissioners approving this Agreement as required by RCW 36.70B.200.
2.2 Term.
The term of this Agreement shall be twenty-five (25) years from the effective date or until
one year after the build-out of the Pleasant Harbor MPR is complete as outlined in the
Resort Plan for the Pleasant Harbor MPR, JCC 17.60.***, whichever is later.
2.3 Modification.
This Agreement may be modified, extended or terminated upon the express written
agreement of the Developer and the County.
3 DEVELOPER’S PROPERTYTHE PROPERTY.
The property covered by this Agreement consists of approximately 237.88 acres and is
described with particularity in Exhibit 1 (“the Developer’s PropertyProperty”). A Master
Plan showing the location of the proposed development on the Developer’s
PropertyProperty within the Pleasant Harbor MPR that is the subject of this Development
Agreement is attached as Exhibit 2.
Commented [JC2]: Undefined term. What if we said “after the
build-out of the Pleasant Harbor MPR is complete as outlined in this
Agreement, whichever is later.”
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4 PRESERVATION OF NATIVE AMERICAN TREATY RIGHTS.
4.1 Recognition Protection of Native American Treaty Rights.
4.1.1 Recognition Protection of Fishing Rights.
The Port Gamble S’Klallam Tribe is the successor in interest to Indian bands and tribes
signatory to the 1855 Treaty of Point No Point, 12 Stat. 933 (Treaty).1 The Treaty reserved
to the S’Klallam the right to take fish at all these “usual and accustomed grounds and
stations” (U&A)—an area roughly centered on the Hood Canal.2 Within these areas the
Port Gamble S’Klallam and other tribes (collectively “Tribes”) that share the U&A are
entitled to take half the harvestable fish and shellfish, and retain the right to access private
property to fish and to shellfish.3
The Pleasant Harbor MPR will beis located between two public beaches located, at the
mouths of the Duckabush and the Dosewallips Rivers, which provide both significant
commercial and ceremonial/subsistence harvest opportunities to the Tribes with U&A
fishing rights in the area. To protect water quality the Developer has addressed these
concerns in theshall construct the Pleasant Harbor MPR in accord with the Stormwater
Management requirements attached as Appendix B, Shoreline Master Program attached as
Appendix F and Sewer Service Plan attached as Appendix I. The Developer will operate
the Pleasant Harbor MPR in accord with the and Water Quality Monitoring Plan attached
as Appendix O.
The Developer has addressed these concerns in the Stormwater Management requirements
attached as Appendix B and Water Quality Monitoring Plan attached as Appendix O.
The two delta flats are among the most important intertidal areas to Port Gamble S’Klallam
Tribal harvesters based on acreage available, habitat available and existing natural manila
clam and pacific oyster production.
The Developer’s PropertyProperty sits atop a bluff above these two public beaches.
Further, though located between these two public beaches, access to the public beaches on
the trail from the Developer’s PropertyProperty has been curtailed and will continue to be
curtailed permanently.
The Developer has addressed these concerns in the Stormwater Management requirements
attached as Appendix B and Water Quality Monitoring Plan attached as Appendix O.
4.1.2 Recognition Protection of Hunting Rights.
The parties understand that the Port Gamble S’Klallam Tribe have expressed concerns that
Elk hunted by the Port Gamble S’Klallam Tribe in areas outside of the Developer’s
PropertyProperty could be attracted to the Pleasant Harbor MPR once it is built out. The
Developer has addressed these concerns in theshall implement the adaptive management
1 United States v. Washington, 459 F. Supp. 1020, 1039 (W.D. Wash. 1978) (Boldt II).
2 Boldt II, 459 F. Supp. at 1041.
3 See, e.g., United States v. Washington, 873 F. Supp. 1422, 1444-45 (W.D. Wash. 1994) (Shellfish I).
Commented [JC3]: This section is better placed in section 7.8
where we discuss compliance with the conditions to the ordinance.
Commented [JC4]: I think this places too much focus on the
PGST. The Skokomish Tribe and others also uses the area. We
should not draft a document that focuses on just one as it may create
issues with other tribes.
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measures set forth in the Wildlife Management Plan attached as Appendix P to mitigate
against this concern.
4.1.3 4.2 Recognition of Areas with Cultural RightsSignificance.
The parties understand that the Port Gamble S’Klallam Tribe believes that the uniqueness
of geologic features and oral historical accounts relating spiritual entities linked to the land,
the traditional plants harvested generationally by S’Klallam people from the past and
within living memory, as well as multiple campsites and Native American place names
known in the area, all directly contribute to unique cultural significance of the area.
The parties and the Port Gamble S’Klallam Tribe discussed the importance of kettles to the
Port Gamble S’Klallam Tribe’s cultural history. The PGST expressed that kettles were
used to harvest plants and were linked to spiritual entities important to the PGST. concerns
about the initial proposal by the Developer to use Kettle Ponds B and C for storing
stormwater and treated wastewater as potentially resulting in significant damages to
Traditional Cultural Properties (TCPs) that may meet multiple federal criteria that render
them eligible for inclusion on the National Register of Historic Places.
The Port Gamble S’Klallam Tribe has not applied for including of any Traditional Cultural
Places on the National Register of Historic Places. The Developer will preserve Kettle C
and enhanced with a wetland bottom and native vegetation.
4.2 4.3 Preservation of Treaty Rights.
The parties respect the Tribes’tribal treaty rights under the Treatyand have modified the
project and imposed mitigation measures designed, in part, to .
This Agreement is not intended to impact the protect and preserve Tribes’ Treaty those
rights.
Nothing in this Agreement should be viewed as an attempt to curtail or expand the rights
granted to tribal rights under the Treatytribes under their treaties with the United States.
The parties respect the Tribes’ rights under the Treaty.
The Developer will continue to explore and implement reasonable measures work
cooperatively with the Tribes so that they can fully exercise their Treaty rights at and near
the Pleasant Harbor MPRto protect tribal treaty rights.
5 IMPACT ONPROTECTION OF WATER QUALITY OUTSIDE OF THE
DEVELOPER’S PROPERTYPROPERTY
5.1 Recognition of Significant Nearby Natural Resources.
The Developer recognizes significant natural resourcesthe importance of Hood Canal as a
source of recreation and fishing. Protecting water quality in Hood Canal is just as important
Formatted: Indent: Left: 0.5", No bullets or numbering
Commented [JC5]: This is not a “treaty right” and should have
its own subsection.
Formatted: No bullets or numbering
Commented [JC6]: I understand why this is here, but it’s too
open ended. When we go apply for a subdivision the Board may use
this to delay or deny are subdivision because we have not obtained
the Tribe’s blessing—even if the application meets all other
conditions of this Agreement.
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to the success of the Brinnon MPR as it is to those who use Hood Canal for recreation and
subsistence. are nearby the Developer’s Property.
5.2 Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources.
The Developer has addressed these concerns in the Stormwater Management requirements
attached as Appendix B and Water Quality Monitoring Plan attached as Appendix O.
The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPR to
water quality both on-site and off-site. The Developer has addressed these concerns in
thewill construct the Brinnon MPR in accord with the Stormwater Management
requirements attached as Appendix B, Shoreline Master Program attached as Appendix F
and Sewer Service Plan attached as Appendix I. The Developer will operate the Brinnon
MPR in accord with the and Water Quality Monitoring Plan attached as Appendix O.
6 RESERVATION OF POLICE POWER OF THE COUNTY
6.1 Police Power.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4), the execution
of a development agreement is a proper exercise of the County’s police power.
6.2 Reservation of County Authority.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4) and JCC
18.40.840(3)(d), a development agreementthis Agreement shall reservereserves the
County’s authority to impose new or different regulations to the extent required by a
serious threat to public health and safety. Accordingly, the Developer understands and
agrees that the County’s authority to impose new or different regulations to the extent
required by a serious threat to public health and safety is reserved and nothing in this
Agreement affects that authority.
7 DEVELOPMENT STANDARDS.
7.1 Permitted Uses and Density Standards; Zoning.
The Master Plan, permitted land uses, and development regulations for development within
the Developer’s PropertyProperty are set forth in chapters 17.60.*** through 17.60.*** of
the Jefferson County Code, attached as Appendix A. Development of the Developer’s
PropertyProperty shall not exceed 890 residential units and, 56,608 square feet of
commercial space and indoor and outdoor recreational spaces when completed at full build
out.
Commented [JC7]: This section 5 seems duplicative of the tribal
section. Again, I think this better placed in section 7.8. If we are
going to include, and I don’t think we need to, we should include all
of the standards and plans we will follow that protect water quality
including the shoreline code, conservation easement, sewer plan etc.
Commented [JC8]: repetitive
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7.2 Planning Goals and Objectives.
The planning goals adopted by the County in the Comprehensive Plan as of the date of
recording this Agreement shall be the policy guidance and the foundation for all future
development of the Pleasant Harbor MPR.
7.3 Stormwater Standards.
7.3.1 Stormwater Subject to Best Management Practices and the County’s Stormwater
Management Requirements.
In all future development within the Pleasant Harbor MPR the Developer shall utilize best
management practices (BMP) and be subject to the County Stormwater Management
requirements, JCC 18.30.070. A copy of JCC 18.30.070 is attached in Appendix B.
7.3.2 Stormwater Management in Public Roads, Rights-of-Way and Easements.
The County shall be responsible for the management of stormwater runoff in all public
roads, rights-of-way, and easements within the Pleasant Harbor MPR that have been
accepted by the County for maintenance or other areas within the Pleasant Harbor MPR
dedicated to the County. The Developer shall be responsible for the management of
stormwater runoff in all other public areas within the Pleasant Harbor MPR as may be
necessary to control stormwater runoff as required by Ordinance 01-0128-08, Condition
63(q).
7.3.3 Stormwater Management in Private Rights-of-Ways
The Developer shall be responsible for the management of stormwater runoff in all private
rights-of-ways and other non-public areas such as parking lots or drainage easements, as
may be necessary to control stormwater runoff as required by Ordinance 01-0128-08,
Condition 63(q).
7.4 Critical Area Standards
Critical areas and their associated buffers, as well as allowed uses within the critical areas
of the Pleasant Harbor MPR shall be determined based upon the Jefferson the County
Critical Area requirements, Chapter 18.22 JCC. A copy of Chapter 18.22 JCC is attached
in Appendix C.
7.5 Land Division Standards
Platting within the Pleasant Harbor MPR shall be pursuant to RCW 58.17 and the County
Land Division requirements, Chapter 18.35 JCC, and within the time frames adopted by
the County pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347,
Laws of 1995), as codified in Permit Application and Review Procedures/SEPA
Implementation, Chapter 18.40 JCC, or as amended hereafter. A copy of Chapter 18.35
JCC and is attached in Appendix D and a copy of Chapter 18.40 JCC is attached in
Appendix E.
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7.6 Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the County
Shoreline Master Program, Chapter 18.25 JCC, in effect as of the date of this Agreement.
A copy of the applicable Shoreline Master Program requirements are attached as Appendix
F.
7.7 Additional Development Standards.
Additional Development Standards as identified in Chapters 12.05, 12.10, and 18.30 JCC,
as they exist as of the date of the adoption of this Agreement, shall also apply to the extent
they do not conflict with the terms of this Agreement. A copy of Chapters 12.05, 12.10,
and 18.30 JCC are attached in Appendix G.
7.8 Compliance with Ordinance 01-0128-08.
As conditions to designating the Developer’s PropertyProperty as a master planned resort
per Ordinance 01-0128-08, the County requires the Developer implement the following
requirements:
7.8.1 Condition 63(e).
The Developer shall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for contracting and employment,
and will prefer local applicants provided they are qualified, available, and competitive in
terms of pricing.
7.8.2 Condition 63(f).
The Developer shall prioritize the sourcing of materials from within Jefferson County to
develop the Pleasant Harbor MPR. Nothing in this Section 7.8.2 shall require that
developer utilize materials or labor from within Jefferson County that are not of
comparable price or quality to their counterparts outside of Jefferson County.
7.8.3 Condition 63(k).
The Developer prepared aA Ccultural Rresources Mmanagement Pplan to assure
archaeological investigations and systematic monitoring of the subject property prior to
issuing permits; and during construction to maintain site integrity, provide procedures
regarding future ground disturbing activity, assure traditional tribal access to cultural
properties and activities, and to provide for community education opportunities. Developer
shall implement theA Cultural Resources Management Plan is attached in Appendix Q.
The Developer will comply with the Cultural Resources Management Plan.
7.8.4 Condition 63(l).
Developer prepared aA Wwildlife Mmanagement Pplan focused on non-lethal strategies
shall be developed in the public interest and in consultation with the State of Washington
Commented [JC9]: Deleted to maintain consistency with other
similar provisions.
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Department of Fish and Wildlife (WDFW) and local tribes, to prevent diminishment of
tribal wildlife resources cited in the Brinnon Sub-Area Plan (e.g., deer, elk, cougar,
waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S.
Hwy 101, to reduce the conflicts resulting from wildlife foraging on high-value
landscaping and attraction to fresh water sources, to reduce the dangers to predators
attracted to the area by prey or habitat, and to reduce any danger to humans. Developer
shall implement the A Wildlife Management Plan developed after consultation with
WDFW and local tribes is attached in Appendix O. The Developer will comply with the
Wildlife Management Plan.
7.8.5 Condition 63(p).
The Developer shall provide access to the water system by any neighboring parcels if salt
water intrusion becomes an issue for neighboring wells on Black Point where it is proven
that the ,Developer draw down of potable water has caused the salt water intrusion, and
reserve areas for additional recharge wells will be included in case wells fail, are
periodically inoperable, or cause mounding. A Neighborhood Water Policy Plan is
attached in Appendix P. The Developer will comply implement with the Neighborhood
Water Policy Plan.
7.8.6 Condition 63(r).
A County-based The Developer prepared a comprehensive Wwater Qquality Mmonitoring
Pplan specific to Pleasant Harbor requiring at least monthly water collection and, testing
will be developed and approved in concert withand an adaptive management program prior
to any site-specific action, utilizing best available science and appropriate state agencies.
The monitoring plan shall be funded by a yearly reserve, paid for by the Developer and
will include regular offsite sampling of pollution, discharge, and/or contaminant loading,
in addition to any onsite monitoring regime. The Developer will implement the Water
Quality Monitoring Plan.A Water Quality Monitoring Plan is attached in Appendix O. The
Developer will comply with the Water Quality Monitoring Plan.
7.8.7 Condition 63(s).
To ensure that natural greenbelts and buffers are maintained and protected, a conservation
easement has been recorded and attached in Appendix M will be recorded within 15 days
of this Agreement. The Developer will implement the Vegetation Management Plan.
and a Vegetation Management Plan is attached in Appendix L. The Developer will
comply with the Vegetation Management Plan.
7.8.8 Condition 63(t).
The Developer shall conduct ongoing monitoring and maintain an inventory regarding
Tunicates and other invasive species. A Tunicate Agreement is attached in Appendix R.
The Developer will comply withimplement the Tunicate Agreement.
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7.8.9 Condition 63(x).
The Developer shall use the LEED Shadowing (Leadership in Energy and Environmental
Design) and “Green Built” green building rating system standards. These standards,
applicable to commercial and residential dwellings respectively, “promote design and
construction practices that increase profitability while reducing the negative environmental
impacts of buildings and improving occupant health and well-being.” A Narrative
Demonstrating Compliance with the Intent of LEED Standards is attached in Appendix T.
The Developer will comply with theimplement LEED Shadowing Standards, but is not
required to register with LEED or obtain LEED certificates or approvals.
7.8.10 Condition 63(z).
The Developer shall use the International Dark Sky Association (IDA) Zone E-standards
for the MPR. These standards are recommended for “areas with intrinsically dark
landscapes” such as national parks, areas of outstanding natural beauty, or residential areas
where inhabitants have expressed a desire that all light trespass be limited. Dark Sky and
Energy Star Approved High Efficiency Lighting Standards is attached in Appendix S. The
Developer will comply withimplement the Dark Sky and Energy Star Approved High
Efficiency Lighting Standards.
7.9 The Pleasant Harbor MPR Water Service.
Water main extensions and potable water system improvements for potable water service
that may be required to serve the Pleasant Harbor MPR shall be installed in conformance
with the most current approved specifications and requirements as determined by the
Washington State Department of Health and shall comply with the Coordinated Water
System Plan (CWSP) and all other applicable laws, ordinances, rules and regulations. A
copy of the applicable CWSP is attached in Appendix H.
7.10 The Pleasant Harbor MPR Sewer Service.
Sanitary and on-site sewer and future sewer system improvements as required to serve the
Developers Property shall be installed in conformance with the most current approved
specifications and requirements of the Washington State Department of Health,
Washington State Department of Ecology and the County Department of Public Health and
all other applicable laws, ordinances, rules and regulations.
7.11 Memoranda of Understanding.
As a condition to designating the Developer’s PropertyProperty as a master planned resort,
the County required that the Developer negotiate memoranda of understanding or
memoranda of agreement to provide needed support for law enforcement services, the
Brinnon schools, Fire District No. 4 and emergency medical services to mitigate for the
potential impacts associated with development of the Pleasant Harbor MPR. The parties
secured the following MOUs:
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7.11.1 School Services Mitigation.
School services to the Pleasant Harbor MPR are provided by the Brinnon School District.
Mitigation for school services associated with development of the Pleasant Harbor MPR,
if any, shall be paid implemented by the Developer as set forth in the MOU attached as
Appendix J-1.
7.11.2 Fire and EMS Services Mitigation.
Jefferson County Fire District No. 4 will provide Fire and EMS services within the Pleasant
Harbor MPR. Mitigation for Fire and EMS services associated with development of the
Pleasant Harbor MPR, if any, shall paid be implemented by the Developer as set forth in
the in the MOU attached as Appendix J-2.
7.11.3 Law Enforcement Services Mitigation.
The County will provide law enforcement services within the Pleasant Harbor MPR.
Mitigation for law enforcement services associated with development of the Pleasant
Harbor MPR, if any, shall be determined and paid implemented by the Developer as set
forth in the Memorandum of Understanding (MOU) attached as Appendix J-3.
7.11.4 Transportation Services Mitigation.
Public transportation services to the Pleasant Harbor MPR are provided by Jefferson
County Transit. Mitigation of transportation services associated with development of the
Pleasant Harbor MPR, if any, shall be determined and paidimplemented by the Developer
as set forth in the in the MOU attached as Appendix J-4.
7.11.5 Healthcare Services Mitigation.
Mitigation for health care services associated with development of the Pleasant Harbor
MPR, if any, shall be paid implemented by the Developer as set forth in the MOU attached
as Appendix J-5.
7.11.6 Housing Mitigation.
The Developer shall comply with Ordinance 01-0128-08, Condition 63(g) related to
affordable housing. This will include but not be limited to the staff housing mitigation
associated with development of the Pleasant Harbor MPR, if any, which shall be paid
implemented by the Developer as set forth in the MOU attached as Appendix J-6.
7.11.7 Parks and Recreation Mitigation.
The County, the State and the United States provide areas for parks and recreation in the
vicinity of the Developer’s PropertyProperty. Parks and Recreation mitigation associated
with development of the Pleasant Harbor MPR, if any, shall be determined and
Commented [JC10]: The MOU does not require payment.
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paidimplemented by the Developer pursuant to applicable state and local law as set forth
in the MOU attached as Appendix J-7.4
7.11.8 MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08.
The County agrees that the MOUs listed in this Section 7.11 satisfy condition 63(c) of
Ordinance No. 01-0128-08 and adequately mitigate impacts for the proposed development
of the Pleasant Harbor MPR. No additional mitigation will be required.., except for future
SEPA review for individual projects as provided in Section 8.2.4.
7.11.9 The Developer Acknowledges that its Undertakings in the MOUs Survive the Term
of this Agreement.
RCW 36.70A.360(4)(e) provides that a master planned resort is authorized only if on-site
and off-site infrastructure and impacts are fully considered and mitigated. In part, the
MOUs are written to address this requirement. Accordingly, the Developer agrees that the
requirements of the MOUs will survive the term of this Agreement and are enforceable
separately from this Agreement.
8 STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY
COUNTY.
8.1 County Processing and Review.
The review and approval of proposed development applications proposed by the Developer
for the Developer’s PropertyProperty shall be pursuant to the Pleasant Harbor MPR Zoning
Code (Appendix A) and the County’s Permit Application and Review Procedures/SEPA
Implementation, Chapter 18.40 JCC, which is attached in Appendix E.
8.2 SEPA Compliance.
8.2.1 Environmental Impact Statement.
The parties acknowledge that potential environmental impacts from future development of
the Pleasant Harbor MPR have been assessed and addressed in prior environmental
documents. The prior reviews were published in the following documents:
• Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort
(September 5, 2007) (DFEIS);
• Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27, 2007) (FEIS);
Pursuant to Condition 63(b) of Ordinance 01-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems designed
4 Philip Morley is reviewing, promised to return it by 6/2/17.
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to address the conditions and environmental consequences of the MPR as identified in the
FEIS (Chapter 5) and Conditions 63(a)-(dd) in Ordinance 01-0128-08.
8.2.2 Supplemental Environmental Impact Statement.
The Supplemental Environmental Impact Statement was published in the following
documents:
• Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort November 19, 2014 (DSEIS);
• Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement December 9, 2015 (FSEIS).
8.2.3 Substantial Compliance with Environmental Impact Statements and Supplemental
Environmental Impact Statements Required.
The FEIS, DSEIS and FSEIS are referred to collectively as the “Prior EISs.” Development
shall substantially comply with the express mitigation measures imposed pursuant to the
Prior EISs.
8.2.4 Future SEPA Review for Individual Projects.
The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as
well as Condition 63(b) of Ordinance 01-0128-08, for all subsequent approvals or permits
to develop the Pleasant Harbor MPR consistent with this Agreement, including, but not
limited to, plats, short plats, binding site plans, boundary line adjustments, development
permits, grading permits and building permits. Except as provided in this Section 8.2.4,
no further SEPA reviewenvironment impact statements areis required, and no additional
substantive SEPA mitigation measures are required for approvals or permits that authorize
development that is consistent with level and range of development analyzed in the Prior
EISs.
The County may require additional SEPA reviewenvironmental analysis for a new or
modified proposal that materially exceeds the level and range of development reviewed in
the Prior EISs. For any such new or modified proposal, relevant information from Prior
EISs shall be used to the fullest extent possible in future SEPA review. The scope of
environmental review shall be limited to considering how or whether the proposal differs
from or exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental impacts that have not been adequately
addressed in the Prior EISs.
Nothing in this Section 8.2.4 shall release the Developer or its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix B), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
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8.3 Vesting of Development Standards and Mitigation.
8.3.1 Scope of Vesting.
To the fullest extent allowed by law, all development proposed on the Developer’s
PropertyProperty shall be vested to and governed by the terms of this Development
Agreement, the Pleasant Harbor MPR chapter of the Jefferson County Zoning, and the
Unified Development Code, now codified at Title 18 of the Jefferson County Code
including, but not limited to, those code standards attached to this Agreement effective on
the date of this Agreement (as defined in Section 7.1 and attached as Appendices A-T).
This vesting provision shall be applicable, without limitation, to all land use applications,
permits, uses and development that occur on the Developer’s PropertyProperty within the
term of this Development Agreement.
8.3.2 Vesting Period.
The vesting period shall be the same as the term of this Agreement. Except as otherwise
provided in Section 8.3.1 through 8.3.6, any new or different development standards
adopted by the County during the term of this Agreement shall not apply to the Developer’s
PropertyProperty.
8.3.3 Default Standards and Requirements.
To the extent this Agreement does not establish standards or requirements covering a
subject, element or condition, then the development approval sought shall vest to and be
governed by the County codes, regulations and standards in effect upon the date of
complete application. The development standards identified in this Agreement shall apply
to the Developer’s PropertyProperty for the term of this Agreement, except: The Board of
County Commissioners reserves the authority to modify one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, to avoid a serious threat to public health or safety, as provided in RCW
36.70B.170 and JCC 18.40.840(3)(d).
8.3.4 State and Federal Law.
This Agreement does not relieve the Developer of any obligations to comply with state or
federal laws or regulations of any kind. For the avoidance of doubt this includes including
but is not limited to those laws or regulations related to nNative aAmerican tTreaty rights,
endangered species, or stormwater.
8.3.5 No Vested Rights against Federal or State Requirements.
The Pleasant Harbor MPR shall not be vested against the application of development
standards imposed by virtue of federal or state law.
Commented [JC11]: Should we have A-I? We can’t “vest” to
the MOUs, ordinance etc.
Commented [JC12]: Duplicative of 8.3.4
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8.3.68.3.5 Building Codes.
Jefferson County Code Title 15, The International Building Code and International Fire
Code in effect in the State of Washington as of the date of filing of a complete application
for a building permit shall apply to all new development.
9 PHASING.
9.1 Phasing Plan.
9.1.1 Phases Proposed.
Pleasant Harbor Marina and Golf Resort is a planned resort that is capable of being
developed in independent and severable components or “phases.” Future development of
the Pleasant Harbor MPR and all associated infrastructure, including roads and utilities,
may be reviewed, permitted and constructed and/or bonded in phases or sub-phases. A
phasing plan (consisting of four phases) for development of the Pleasant Harbor MPR
(reviewed as part of the SEIS) is attached as Exhibit 4. Each phase may further be broken
down into discrete sub-phases as conditions dictate, but each primary phased must be
constructed in the order set forth below.
9.1.2 Requirement of Adequate Infrastructure, Open Space, Recreational Facilities,
Landscaping and Other Conditions Sufficient for Each Phase to Stand Alone.
JCC 18.15.135 requires that if a master planned resort will be phased, each phase must
contain adequate infrastructure, open space, recreational facilities, landscaping and all
other conditions of the Pleasant Harbor MPR sufficient to stand alone if no subsequent
phases are developed. The Developer will comply with JCC 18.15.135 and will complete
or bond all necessary infrastructure to support a phase or sub-phase sufficient for each
phase or sub-phase to stand alone, prior to obtaining approval for a subsequent phase.
9.1.3 Phase 1.
Phase 1 consists of the construction of primary facilities infrastructure needed to service
initial construction of the MPR including the large onsite septic system that will become
the back-up when the wastewater treatment plant is constructed, the first water storage tank
and and piping distribution system, construction of the State Route 101 intersection
improvements, transit stop parking and relocated WDFW access road. The Maritime
Village Building consisting of 66 residential units and approximately 21,000 square feet of
commercial space will also be constructed during Phase 1Phase 1 will also consist develop
202 residential units.
9.1.4 Phase 2.
Phase 2 involves initial development of the central resort facilities. Golf course
construction will commence and the Golf Terrace Recreation Center and Conference
Center consisting of 191 208 residential units and 36,000 square feet of commercial space
will be constructed. The Maritime Village Building consisting of 66 units and 21,000
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square feet of commercial space will also be constructed. Phase 2 also involves
construction of the State Route 101 intersection improvements, wastewater treatment plant,
development of a second water well, electric power infrastructure and construction of
stormwater facilities. A 52 unit building for staff quarters and maintenance will also be
constructed.
9.1.5 Phase 3.
Phase 3 involves completing the golf course, reconstructing Black Point Road, relocating
the WDFW access road constructing the sanitary sewer pump stations and force main, and
constructing the majority of the residential units including Golf Terraces 2, 3 and 4, Sea
View Villas and Golf Terrace unitsbuildings, comprising 329 360 total units.
9.1.6 Phase 4.
Phase 4 completes buildout of the Pleasant Harbor MPR with construction of 206 Sea View
Villa residential units and 44 Golf Vista residential units.
9.2 Preliminary Facilities.
In addition to the facilities specifically described in section 9.1 each Phase must design
adequate preliminary facilities to service the phase. Preliminary facilities are those
preliminary facilities or improvements that must be approved and installed in concert with
the development of each phase. The preliminary facilities include the following:
9.2.1 Water System.
A water system with sufficient water rights to serve the phase or sub-phase under review
and approval.
9.2.2 Sewer System.
A sewer system with sufficient capacity to accommodate the waste discharge for the phase
or sub-phase under review and approval.
9.2.3 Road Network.
A road network to accommodate the phase or sub-phase under review and approval.
9.2.4 Landscaping.
Landscaping for the phase or sub-phase under review and approval.
9.2.5 Parking.
Associated parking for the phase or sub-phase under review and approval.
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9.2.6 County Approval of Preliminary Facilities Required.
The County’s approval of a phase or sub-phase, whether by preliminary plat or other
process, shall require approval of preliminary facilities for the entire phase. The Developer
may construct preliminary facilities for each lot or tract in conjunction with development
of that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirements within each lot or tract are complete.
9.3 Public Amenities and Access.
Public amenities and access are those facilities and improvements that provide resort
related activities and services. The Pleasant Harbor MPR shall, at a minimum, shall contain
the following resort amenities (1) a 9-hole golf course; (2) spa services; (3) amphitheater;
(4) pool; and (5) ropes coursewater slides. These amenities shall be completed consistent
with completion of the phase in which the amenity is proposed and made available to
members of the general public for a fee to be established by the Developer.
10 INDEMNITY.
10.1 Indemnified Claims.
The indemnified claims are:
(a) Claims for costs, losses, damages or expenses associated with the existence
or enforcementCounty’s approval of any conditions, covenants and
restrictions recorded against the residential properties within the Pleasant
Harbor MPRthis Agreement including, but not limited to, claims that this
Agreement violates treaty rights;
(b) Claims based on the Developer’s fault;negligence;
(c) Claims based on the breach of any of the Developer’s obligations under this
Agreement;
(d) Claims based on any alleged negative impact of the development on Native
American Treaty Rights;
(e)(d) Claims based on any alleged impact of theproven to be caused solely by the
development on water quality inside or outside of the Developer’s
PropertyProperty.
As used in this Agreement the term “indemnified claim(s)” means the claims listed in this
Section 10.1.
Commented [JC13]: In perpetuity—even documents recorded
after development? So, if a subsequent owner of a home violates a
plat condition and gets in a dispute with the County we have to
defend the County?
Commented [JC14]: What is the County’s concern here?
Commented [JC15]: Too broad. So if the County gets sued for
stormwater discharges from its road in the development we have to
indemnify?
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10.2 The Developer’s Obligations.
10.2.1 Scope.
The Developer shall indemnify and hold the County, and its elected officials and,
employees, and agents harmless from and shall process and defend at its own expense,
including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits
at law or equity arising in whole or in part, directly or indirectly, from any indemnified
claims unless such claims are related to false statements made by the County, or related to
County fraud or negligence..
10.2.2 Payment of Defense Costs.
The Developer will pay for the defense indemnified claims against the County at its sole
expense. For the avoidance of doubt the defense of an indemnified claim includes payment
of attorney’s fees and costs, consultant and expert costs, filing fees and other court costs.
However, tThe County retains the right to provide additional counsel for the County’s
defense at the County’s sole expense to assist counsel paid for by the Developer or to
monitor any indemnified claim.
10.2.310.2.2 No Waiver of RCW 4.96.020 by the Developer.
The Developer shall not attempt to waive the requirements of the filing of a pre-suit claim
against the County under RCW 4.96.020.
10.2.410.2.3 Cooperation.
The Developer shall cooperate with the County Developer and County shall cooperate with
each other in the defense of any indemnified claims. The Developer shall not file any
pleadings or motions or take any position with a court, government agency or hearing
officer without first consulting with the County. Developer retains sole discretion to pursue
defense of Indemnified Claims in any means it deems appropriate.
10.2.510.2.4 Best Efforts to Obtain Release of the County.
If the Developer settles any indemnified claim with any person, the Developer will use its
best efforts to obtain a release of the indemnified claim for the County, and its elected
officials and, employees, and agents.
10.2.610.2.5 Claims against Both the County and the Developer.
The Developer wishes to avoid the expenses of a separate defense of both it and the County
should any person assert an indemnified claim against both the Developer and the County.
Accordingly, the Developer agrees to provide joint counsel to represent both the Developer
and the County at the Developer’s sole expense when indemnified claims are made against
both the County and the Developer. However, the County retains the right to substitute its
own counsel in place of joint counsel at the County’s sole expense or to provide additional
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counsel at the County’s sole expense to assist counsel paid for by the Developer or to
monitor any indemnified claim.
10.2.710.2.6 The Developer is the Real Party in Interest.
For any indemnified claim where the Developer is required to provide the County a defense
pursuant to Section 10, the Developer shall make it clear that it is the real party in interest
on any indemnified claims made against the County and that: (i) Any positions the
Developer takes in defending the indemnified claims are the positions of the Developer
and not the County; and, (ii) Any positions the Developer takes in defending the
indemnified claims are not necessarily the positions the County would take if it were the
real party in interest.
10.3 The County’s Obligations.
10.3.1 Notice.
The County shall provide notice to the Developer of any indemnified claim it receives
within fourteen days of receipt of such claim. For the avoidance of doubt, the notice
required under this Section 10.1.3 includes notice of any pre-suit claim presented to the
County under RCW 4.96.020.
10.3.2 Cooperation.
The County shall cooperate with the Developer in the defense of any indemnified claims.
The County shall not file any pleadings or motions or take any position with a court,
government agency or hearing officer without first consulting with the Developer.
10.3.3 Consent to Counsel Selected by the Developer.
The County may consent to the representation by counsel selected by the Developer and
provide appropriate waivers of conflicts of interest to counsel selected by the Developer.
Provided, however, that if the County refuses to consent or to provide appropriate waivers
of conflicts of interest, the Developer may suspend performance of the indemnity
obligations under this Section 10.
10.4 Preservation of Privileges.
The parties acknowledge that:
(a) The attorney-client privilege exists in this joint representation pursuant to
Section 10, but with one significant qualification. The privilege protects the
confidences of all jointly represented clients from disclosure to other
persons, but not from disclosure to each other. In other words, information
that one joint client provided to joint counsel in connection with and during
the course of the joint representation may be disclosed to the other jointly
represented clients, even after one or more jointly represented clients decide
to separate themselves from the others and obtain their own counsel;
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(b) However, the parties agree that all privileged communications between any
party and its attorneys that is not related to this joint representation shall
remain privileged and not subject to disclosure to the other party, its
counsel, consultants or other agents; and,
(c) No party waives any privilege that exists for communications between it
and its attorneys in connection with any matter, other than communications
for the jointly represented matter.
10.5 Limitations.
10.5.1 No Indemnity for Claims Other than Indemnified Claims.
Nothing in this Section 10 shall require the Developer to indemnify, hold harmless, or
defend the County against and hold harmless the County from claims, demands or suits
based on claims against the County that are not indemnified claims and are based solely
upon the conduct of the County, its elected officials, employees and agents.
10.5.2 Claims Based on Comparative Fault.
If the claims or suits are caused by or result from the comparative fault of: (i) the
Developer’s agents or employees; and, (ii) the County, its elected officials, employees and
agents, this indemnity provision with respect to claims or suits based upon such
comparative fault, then the claims shall be treated as claims against both the Ccounty and
the Ddeveloper under Section 10.2.6 until a final, enforceable judgment is entered. After
a final, enforceable judgment is entered, the Developer and the County shall each be
responsible for their shares of the final, enforceable judgment.
10.6 Survival.
The parties agree that the indemnity obligations in this Section 10 shall survive for a period
of ten (10) years following the termination of this Agreement.
11 GENERAL PROVISIONS.
11.1 Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws and
regulations of the State of Washington, as if applied to transactions entered into and to be
performed wholly within the State of Washington between residents of the State of
Washington. No party shall argue or assert that any law other than Washington law applies
to the governance or construction of this Agreement.
11.2 Binding on Successors.
This Agreement shall be binding upon and inure to the benefit of the successors, successors
in title and assigns of the Developer and upon the County.
Commented [JC16]: I don’t think this is appropriate in this
agreement. We can included language to that effect. A joint defense
agreement would be worked out at the time of representation and it
is in both parties interest to do so.
Commented [JC17]: What about defense? The initial scope
includes a defense obligation and omitting that reference here could
result in an interpretation that the defense obligation is broader than
the indemnity.
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11.3 Assignment.
11.3.1 Right to Transfer, Consent of the County Not Required.
The parties acknowledge that development of the Pleasant Harbor MPR may involve sale
and assignment of portions of the Developer’s PropertyProperty to other persons who will
own, develop and/or occupy portions of the Developer’s PropertyProperty and buildings
thereon. The Developer shall have the right to assign or transfer all or any portion of the
respective interests, rights or obligations under this Agreement or in the Developer’s
PropertyProperty to other parties acquiring an interest or estate in all or any portion of the
Developer’s PropertyProperty, including transfer of all interests through foreclosure
(judicial or non-judicial) or by deed in lieu of foreclosure, provided transferee agrees to
assume all obligations of the Developer under this Agreement. Consent by the County
shall not be required for any transfer of rights pursuant to this Agreement.
11.3.2 Obligations of the Developer and Transferee under this Agreement.
Upon the transfer or assignment under this Section 11.3 and the transferee’s assumption of
all obligations of the Developer under this Agreement, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement pertaining to the
property transferred or assigned, and the Developer shall be released of liability under this
Agreement for the property transferred or assigned, but shall retain liability for any breach
which occurred prior to the transfer of rights to another party and for those portions of the
Property still owned by the Developer.
11.4 Release of the Developer’s Liability by Assignment.
11.4.1 Transfer and Assumption of All Obligations Under this Agreement Required.
The Developer shall be released of all liabilities and obligations under the Agreement if:
(a) The Developer provides notice to the County of an Assignment of the
Agreement; and,
(b) The transferee has assumed in writing the all the obligations of this
Agreement.
11.4.2 Results of Effective Assignment.
If the conditions for release are met under this sub-section, then from and after the date of
transfer, the Developer shall have no further liability or obligation under the Agreement,
and the assignee shall exercise the rights and perform the obligations of the Developer
under the Agreement for that portion of the Developer’s PropertyProperty acquired by the
successor or assign.
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11.4.3 Effect of Partial Assignment.
The parties acknowledge that the Developer may transfer or assign title to a portion of the
Developer’s PropertyProperty in any manner consistent with this Agreement. Should the
transfer or assignment of title relate to only a portion of the Developer’s PropertyProperty,
then the release of liability pursuant to this paragraph shall only apply to acts or omissions
arising from or related to the portion of the Developer’s PropertyProperty being assigned
or transferred.
11.5 Recording as a Covenant Running with the Land.
This Agreement shall be recorded with the County Auditor against the Developer’s
PropertyProperty as a covenant running with the land and pursuant to RCW 36.70B.190
shall be binding on the Developer, its successors, successors in title and assigns during its
Term.
11.6 Release as to Residential Development.
Upon the approval of a final plat, a condominium declaration or other approved land
division in compliance with this Agreement that relates to residential development of the
Developer’s PropertyProperty, then there shall be executed and recorded with the County
Auditor a release from this Agreement with respect to that particular and specific parcel or
parcels of real property that received final plat approval, filed a condominium declaration
or was the subject of other approved land division. Residential development on the parcel
or parcels released pursuant to this subsection shall continue to be subject to the
requirements of the development regulations listed in Sections 7 and 8.1.
11.7 Interpretation.
The County has police powers, contracting authority and other powers granted by the
Washington State Constitution and by statute. The parties intend this Agreement to be
interpreted to the full extent authorized by law as an exercise of the County’s authority to
enter into such agreements, and this Agreement shall be construed to reserve to the County
the police power authority which is prohibited by law from being subject to a mutual
agreement with consideration.
11.8 Severability.
If any provision of this Agreement is determined by a court of law to be unenforceable or
invalid, then the remainder of the Agreement shall remain in full force and effect. Further,
as to those provisions held by a court of law to be unenforceable, the parties shall confer
and agree to amend the Agreement to implement the mutual intent of the parties to the
maximum allowed by law.
11.9 Amendment.
This Agreement shall not be amended without the express written approval of the County
and the Developer (or its successors, successor in title and assigns with respect to the
Commented [JC18]: Seems repetitive of what we’ve said
already and is confusing.
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property in which they have an interest). The Board of County Commissioners must
approve all amendments to this Agreement by ordinance or resolution and only after notice
to the public and a public hearing.
11.10 Exhibits and Appendices.
Exhibits 1 through 4 and Appendices A through T are incorporated herein by this reference
as if fully set forth. In the event of any conflict or inconsistency between the Exhibits and
Appendices and the main body of this Agreement, the main body of this Agreement shall
control.
11.11 Headings.
The headings in this Agreement are inserted for reference only and shall not be construed
to expand, limit or otherwise modify the terms and conditions of this Agreement.
11.12 Time of Essence.
Time is of the essence of this Agreement in every provision hereof. Unless otherwise set
forth in this Agreement, the reference to “days” shall mean calendar days. If any time for
action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
11.13 Dispute Resolution.
In the event of any dispute relating to this Agreement, all parties upon the written request
(to be titled “Notice of Dispute”) of any other party, shall meet within the five (5) business
days to seek in good faith to resolve the dispute. The County shall send a department
director or the qualified lead planner and other persons with information relating to the
dispute, and the Developer shall send an owner’s representative and any consultant or other
person with technical information or expertise related to the dispute. If the parties are
unable to reach amicable resolution of a dispute within thirty (30) days of the written Notice
of Dispute issued by one of the parties, the parties agree that they will immediately identify
a mediator and participate in mediation in good faith. The selected mediator shall have
documented experience and expertise in Washington land use law. The parties agree to
work cooperatively to select a mediator with land use and real estate experience. Each
party will identify and propose to the other party three potential mediators. Between the
proposed mediator lists, the parties will select a mutually agreeable mediator to resolve the
dispute. The mediation shall be completed within 90 days of the original written Notice
of Dispute by one of the parties. If the parties are unable to reach a resolution following
timely mediation, each party reserves the right to seek resolution and pursue remedies
available under this Agreement and at law. The parties agree that the cost of mediation
pursuant to this paragraph shall be borne equally by the parties to this Agreement. The
parties may agree in writing to extend any deadline or time frame listed in this Section
11.13.
Commented [JC19]: I don’ think we need a time is of the
essence provision. We don’t really have any timing obligations that
are mandatory or vital that warrant inclusion of this provisoin.
Preliminary Draft 6/7/2017 2:21 PM
29
11.14 Default and Remedies.
No party shall be in default under this Agreement unless it has failed to perform a material
provision under this Agreement for a period of thirty (30) days after written notice of
default from any other party. Each notice of default shall specify the nature of the alleged
default and the manner in which the default may be cured satisfactorily. If the nature of
the alleged default is such that it cannot be reasonably cured with the thirty (30) day period,
then commencement of the cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure. Any party not in default under this
Agreement shall have all rights and remedies provided by law including without limitation
damages, specific performance or writs to compel performance or require action consistent
with this Agreement. In recognition of the possible assignment and sale of portions of the
Developer’s PropertyProperty (see Section 11.3) any claimed default shall relate as
specifically as possible to the portion of the Property involved and any remedy against any
party shall be limited to the extent possible to the owners of such portion of remedies which
do not adversely affect the rights, duties or obligations of any other non-defaulting owner
of portions of the Developer’s PropertyProperty under this Agreement. Each party to this
Development Agreement shall be solely responsible for the costs they incur with respect
to asserting or defending against any dispute, alleged default or civil lawsuit.
11.15 No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors in title and assigns. No other person shall have any right of
action based upon any provision of this Agreement. Members of the general public,
including but not limited to those persons or entities purchasing residences or
condominiums from the Developer, shall not have any cause of action or enforceable rights
under this Agreement.
11.16 Construction.
This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
11.17 Signature in Counterparts.
Separate copies of this Agreement may be signed by each of the parties and this Agreement
will have the same force and effect as if the original had been signed by all the parties.
11.18 Notice.
All communications, notices and demands of any kind which a party under this Agreement
requires or desires to give to any other party shall be in writing deposited in the U.S. mail,
certified mail postage prepaid, return receipt requested, and addressed as follows:
Commented [JC20]: I would just delete this. A court could
construe more specific language as a limitation on the more general
language. No party means no party.
Preliminary Draft 6/7/2017 2:21 PM
30
To the County: Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc: Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E. Raintree Drive, Suite 100
Scottsdale, Arizona 85269
cc: John T. Cooke
Houlihan Law
3401 Evanston Ave. N. Suite C100 N. 35th St.
Seattle, WA 98103
11.19 Estoppel Certificates.
Within 30 days following any written request that any party or a mortgagee may make from
time to time, the other party shall execute and deliver to the requesting person a statement
certifying that: (a) this Agreement is in full force and effect, and stating any formal
amendments to the Agreement; and, (b) to the best of the knowledge of the certifying party,
no notice of default has been sent and no notice of violation of applicable laws has been
issued regarding the project; and any other reasonably request information. Failure to
provide a timely response to the requesting party shall be deemed conclusive evidence that
the Agreement is unmodified and in full force and effect and that no notices of default or
violation have been issued. Issuance of estoppel certificates is an administrative matter
within the County. The County shall have no liability to the requesting party if it provides
an estoppel certificate in good faith and with reasonable care.
11.20 Cooperation.
The parties shall not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement. The parties agree to take further actions and execute
further documents, whether jointly or within their respective powers and authority, to
implement the intent of this Agreement.
Formatted: Superscript
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31
11.21 Voluntary Undertaking.
This Agreement is entered into voluntarily and without any coercion by or undue influence
on the part of any person, firm or corporation.
11.22 No Waiver.
No waiver by any party of any term or condition of this Agreement shall be deemed or
construed as a waiver of any other term or condition, or a waiver of any subsequent breach,
whether of the same or a different provision of this Agreement.
11.23 No Private CCR Enforcement by the County.
The parties acknowledge and agree that nothing in this Agreement shall alter, infringe
upon, modify, change, limit or restrict the ability or powers of the existing neighborhood,
tract or subdivision property owner or lot owner associations from enforcing, interpreting
and utilizing any and all covenants, conditions or restrictions that pre-exist this Agreement
or covenants, conditions or restrictions recorded with the County Auditor after the effective
date of this Agreement.
The parties further acknowledge and agree that the County bears no responsibility for the
enforcement, interpretation or resolution of any dispute, filing, grievance, complaint or
appeal that might arise as a result of recorded covenants, conditions or restrictions relating
to tracts, subdivisions, lots or parcels within the Pleasant Harbor MPR.
11.24 Entire Agreement.
This Development Agreement consists of the Resolution approving the Aagreement, the
Agreement pp. 1-***, Exhibits 1-4, and Appendices A-T. This Agreement constitutes the
entire agreement between the parties relating to this subject matter. There are no other
agreements, oral or written, except as expressly set forth herein. Except as specifically
provided in this Agreement, this Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral.
11.25 No Assignment.
The Developer represents, warrants and agrees that it has not assigned, transferred,
conveyed, encumbered or in any manner otherwise disposed of all or any portion of the
Developer’s PropertyProperty or any rights, obligations, or interests of any nature or kind
whatsoever covered by this Agreement, whether before or after they occurred, regardless
of whether they have occurred as of the date of this Agreement.
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32
12 REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Each is fully authorized to enter into this Agreement;
(b) Each has taken all the necessary actions to duly approve the making and
performance of this Agreement and that no further approval is necessary;
(c) Each has read this Agreement in its entirety and knows the contents of this
Agreement;
(d) The terms of this Agreement are contractual and not mere recitals; and,
(e) Each have signed this Agreement having obtained the advice of legal
counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
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33
Signatures
JEFFERSON COUNTY
Jefferson County Board of County Commissioners
By _____________________________
Chair, Kathleen Kler
Date: _____________________________
By _____________________________
Member, David Sullivan
Date: _____________________________
By _____________________________
Member, Kate Dean
Date: _____________________________
APPROVED AS TO FORM:
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting
Attorney
Date: __________________________
Patty Charnas,Patricia L. Charnas
Director of Community Development
Date: __________________________
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34
PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
By: _____________________________
M. Garth Mann
Its: Manager
Date: _____________________________
Acknowledgement
STATE OF WASHINGTON )
) ss
COUNTY OF __________________)
On this _____ day of ___________________, 2017, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Melvin G. Mann, to me known to be the person who signed as manager of
Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited liability company
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses and
purposes therein mentioned, and on oath stated that he was duly elected, qualified and
acting as said officer of the limited liability company and that he was authorized to execute
said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _____ day of __________________, 2017.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at .
My Appointment Expires:
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35
List of Attachments
Exhibits:
Exhibit 1 – Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2 – Master Plan Map of the Developer’s PropertyProperty (to be supplied)
Exhibit 3 – Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit 4 – Phasing Plans (to be supplied)
Appendices:
Appendix A – MPR zoning chapter, Title 17 and 18 as amended
Appendix B – Stormwater Management Requirements, Chapter 18.30.070 JCC
Appendix C – Critical Area Requirements, Chapter 18.22 JCC
Appendix D – Land Division Requirements, Chapter 18.35 JCC
Appendix E – Land Use Application Procedures Requirements, Chapter 18.40 JCC
Appendix F – Shoreline Master Program Requirements, Chapter 18.25 JCC
Appendix G – Additional development standards, Chapters 12.05, 12.10, and 18.30 JCC
Appendix H – Coordinated Water System Plan [from SEIS]
Appendix I – Sewer Service Plan [from SEIS]
Appendix J – Memoranda of Understanding:
1. Schools Mitigation
2. Fire/EMS Mitigation
3. Law Enforcement Mitigation
4. Transportation Mitigation
5. Health Care Services Mitigation
6. Housing Mitigation
7. Parks and Recreation Mitigation
Appendix K – Ordinance 01-0128-08
Appendix L – Vegetation Management Plan
Appendix M – Conservation Easement
Appendix N – Water Quality Monitoring Plan
Appendix O – Neighborhood Water Policy Plan
Appendix P – Wildlife Management Plan
Appendix Q – Cultural Resources Management Plan
Appendix R – Tunicate Monitoring Agreement
Appendix S – International Dark Sky
Appendix T – LEED Narrative
1
Exhibit 1
(LEGAL DESCRIPTION)
2
Exhibit 1
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101, and
together with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at
Figure 1-5, page 1-4 of the Brinnon Master Planned Resort FEIS issued November 27,
2008.
Parcel A APN 502153002
The Northeast ¼ of the Southwest ¼ of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through,
across and over the following described property:
Beginning at the Southeast corner of the Southwest ¼ of the Northwest ¼ of said Section
15;
thence run West, along the South line of said Southwest ¼ of the Northwest ¼,
approximately 175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when measured at right angles;
thence East, parallel to said South line, to the East line of said Southwest ¼ of the
Northwest ¼;
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East ½ of the Northwest ¼ of the Southwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated August
28, 1933, and recorded under Auditor’s File No. 70817, records of Jefferson County,
Washington.
Situate in the County of Jefferson, State of Washington.
Parcel C APN 502153023
Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
3
The Southwest ¼ of the Southeast ¼ and Government Lot 7 of said Section 15, and
Government Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest ¼ of the Southeast ¼, and East of the Southerly prolongation of said West line;
Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly
of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in front of, adjacent to and abutting upon the West ½ in width of said Government
Lot 2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor’s File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
Beginning at a point of intersection of the East line of the Northwest ¼ of the Southeast
¼ and the Southerly margin of the Black Point Road;
thence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence North to the point of intersection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest ¼ of the Northwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
Except the right of way for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor’s File Nos. 223427 and 410399, records of Jefferson County,
Washington.
4
Also Excepting Therefrom the following tract:
Beginning at the Southwest corner of Government Lot 3;
thence North 88° 23’ 07” West 308.14 feet to the Southeasterly right of way of State
Highway No. 101, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 88° 23’ 07” East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest ¼ of the Northwest ¼,
100 feet West of said high tide line;
thence North 88° 23’ 07” West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion of Lot 1 described as follows:
That portion of Government Lot 3 abutting second class tidelands in Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington, being more particularly
described as follows:
5
Commencing at the North ¼ corner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88° 13’ 42” East along the North line of said Section 15 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88° 13’ 42” East 238.76 feet to the line of mean high tide;
thence South 61° 12’ 00” West along the line of mean high tide 34.78 feet;
thence North 40° 41’ 54” West along the line of mean high tide 3.31 feet;
thence South 62° 36’ 19” West along the line of mean high tide 26.83 feet;
thence South 87° 54’ 36” West 166.65 feet;
thence North 21° 21’ 05” West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North
line thereof;
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
6
The East 520.00 feet less the East 345.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot
2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest ¼ of the Southeast ¼, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation of the East line of said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.