HomeMy WebLinkAbout120621ca15 615 Sheridan Street
V Port Townsend, WA 98368
9eehson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item —Jefferson Land Trust: Arlandia Project Conservation Futures
Grant Agreement; January 1, 2020 — January 1, 2023; $52,138
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Arlandia Conservation Futures Grant Agreement to acquire a
conservation easement; January 1, 2020 —January 1, 2023; $52,138.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This project, for Jefferson Land Trust to acquire a conservation easement in the Tarboo Creek watershed, was
approved for Conservation Futures funds in Resolution #43-20 on July 13, 2020. The match contribution promised in
the application for funding was 79% based on an estimate of value for the conservation easement. The appraised
value turned out to be less than anticipated. At a meeting of the Conservation Futures Citizen Advisory Committee
on October 4, 2021, the Land Trust requested that the match requirement be reduced as necessary to fully utilize
the award amount, and the Committee approved this request unanimously. The new match percentage is 73% of
the total project cost.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project is provided by the Conservation Futures Fund and will be matched with a parcel donation of
the conservation easement value by the landowner.
RECOMMENDATION:
JCPH Management recommends BOCC signature for the Arlandia Conservation Futures Grant Agreement to acquire
a conservation easement; January 1, 2020 —January 1, 2023; $52,138.
REVIEWED BY:
Zi Ti/01
Mark McCauley, , erim County Administrato Date
C
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f)360-379-4487
Always working for a safer and healthier community
EH-21-054
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust(UBI Number 601 173 681)
Project Title: Arlandia
Contract Number: xxxx
Approval: Resolution No.43-20
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement)
is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington
98368 and Jefferson Land Trust, (Sponsor), 1033 Lawrence Street, Port Townsend, WA 98368.
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as
approved by Resolution No.43-20.
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project
Sponsor.
4. Description of Project
The subject project is described in the Scope of Work (Appendix A).
5. Project Requirements
Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant
deed of conservation easement (Exhibit A) for the 28-acre property known in the records of the
Jefferson County Assessor as APN#s 801324003, 801333012, and 701051021 and as described
in the 2020 Conservation Futures project application for the Arlandia Project (Exhibit B) and
2020 Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution No.
43-20 (Exhibit D). The grant deed of conservation easement shall prevent subdivision while
allowing for forest management and habitat protections. Language must be included in the deed
of conservation easement to protect the County's interests and conservation values, including, at
a minimum,the following:
Grantee's costs of acquiring this Easement were provided in part by grant
funding from the Jefferson County Conservation Futures property tax authorized
by Washington law. Grantee hereby agrees to be bound by Jefferson County Code
(JCC) 3.08.030(9), the uses authorized under RCW 84.34.230, including the
obligation to ensure the long-term conservation of the Property in accordance
with the terms and conditions of this Easement, and to obtain the consent of
Jefferson County prior to any conveyance of any interest acquired hereby.
Arlandia 1 November 8, 2021
EH-21-054
Consistent with JCC 3.08.030(9), this Easement shall not be converted to a
different use unless and only if other equivalent lands or interest in lands within
Jefferson County are received by Grantee in exchange.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on January 1, 2020 and
end on January 1, 2023, unless proof of match is provided prior to this date. Work performed
consistent with this Agreement during its term, but prior to the adoption of this Agreement, is
hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31'
until three years after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed
$52,138. The Conservation Futures Fund shall not pay any amount beyond that approved in this
Agreement for funding of the Project. The Sponsor shall be responsible for no less than seventy-
three (73%) percent of the total Project cost and all Project costs in excess of $196,955. The
contribution by the Sponsor toward work on the Project shall be as indicated below. The
contribution by the Conservation Futures Fund toward work on the Project is described
immediately above and in"C" above.
Acquisition 0 & M Totals % Match
Arlandia—Conservation $52,138 $0 $52,138 27% or less
Futures
Estimated Project Sponsor $144,817 $0 $144,817 73%or more
Contribution
Estimated Total Project Cost $196,955 $0 $196,955 100%
9. Unexpended Project Allocations
Should unexpected Project allocations, including (but not limited to) project completion at less
than the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor
shall notify the County within 30 days.
10.Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments. Except as provided in this Agreement, no alteration of any of the terms or
conditions of this Agreement shall be effective unless provided in writing. All such alterations,
except those concerning the period of performance, must be signed by both parties. Period of
performance extensions need only be signed by Jefferson Board of County Commissioners.
Arlandia 2 November 8, 2021
11. Indemnification
Sponsor shall indemnify and hold harmless the County, its past or present employees, officers,
agents, elected or appointed officials or volunteers (and their marital communities), from and
against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees
and costs, arising from injury or death to persons, including injuries, sickness, disease or death to
Sponsor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's proportional
negligence. The Sponsor specifically assumes potential liability for actions brought against the
County by Sponsor's employees, including all other persons engaged in the performance of any
work or service required of the Sponsor under this Agreement and, solely for the purpose of this
indemnification and defense, the Sponsor specifically waives any immunity under the state
industrial insurance law, Title 51 R.C.W. The Sponsor recognizes that this waiver was
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual
negotiation. For the avoidance of doubt, the obligations in this section shall survive the
expiration or termination of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement
policies of insurance as follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s) in the status
of employee or employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount
or amounts that are not less than the required statutory minimum(s) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the performance
of the work for a combined single limit of not less than $500,000 each occurrence with the
County named as an additional insured in connection with the Sponsor's performance of the
contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the
occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications. The insurance
coverage shall contain no limitations on the scope of the protection provided and include the
following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
Arlandia 3 November 8, 2021
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
a. Certificate of Insurance; or,
b. Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15) days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of the contract by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance provisions
for subcontractors shall be subject to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the
Sponsor from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance. It is further agreed by the
parties that insurance companies issuing the policy or policies shall have no recourse against the
County(including its employees and other agents and agencies) for payment of any premiums or
for assessments under any form of policy. It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk
of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided in this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
Arlandia 4 November 8, 2021
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the
Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by the Sponsor refers to an endorsement (by number or name) but does not provide the
full text of that endorsement, then it shall be the obligation of the Sponsor to obtain the full text
of that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or
termination of this Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this
Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between
the parties. The Sponsor specifically has the right to direct and control Contractor's own
activities and over all of its subcontractors, employees, agents and representatives in providing
the agreed services in accordance with the specifications set out in this Agreement. Neither
Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County
employees by virtue of the services provided under this Agreement. The County shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Sponsor, or any employee of Sponsor. The Sponsor agrees to file all
necessary governmental documents, including appropriate tax returns, reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this Agreement shall be the property of the Sponsor
whether the project for which they are made is executed or not. The County shall be permitted to
retain copies, including reproducible copies, of drawings and specifications for information,
reference, and use in connection with the Sponsor's endeavors.
Arlandia 5 November 8, 2021
16. Compliance with Applicable Statutes,Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210, and published agency policies, which
are incorporated into this Agreement by this reference as if fully set forth.
17.No Harassment of Discrimination
Any form of harassment, discrimination, or improper fraternization with any County employee is
strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory
disability in the selection and retention of employees or procurement of materials or supplies.
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all direct
and indirect cost of any nature expended in the performance of this Agreement. The Sponsor's
records and accounts pertaining to this Agreement are to be kept available for inspection by the
Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly
authorized by the County shall have full access and the right to examine any of these materials
during this period for a period of ten (10) years after the date of the final payment to Sponsor. If
any litigation, claim or audit is started before the expiration of the six (6)year period,the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved. Copies shall be made available upon request. Records and other documents, in any
medium, furnished by one party to this Agreement to the other party, will remain the property of
the furnishing party, unless otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
Agreement.
20. Disputes
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute
hearing with a mediator agreed upon by the parties, or if agreement cannot be made,the mediator
shall be selected by the Jefferson County Superior Court. Either party's request for a dispute
hearing must be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties; and,
c. the Sponsor's name, address and agency contact number.
Arlandia 6 November 8, 2021
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County
Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within
fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that
this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
shall split evenly the cost of mediation or whatever form of dispute resolution is used. The
parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,
including attorney's fees.
21. Termination for Loss of Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of
this Agreement.
22. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Sponsor.
23. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any
interest in this Agreement without the express written consent of the County.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
No consent by either party to, or waiver of, a breach by either party, whether express or implied,
shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either party.
No term or provision of this Agreement shall be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing signed on behalf of
the party against whom the waiver is asserted. Failure of a party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law,to
determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or
permits.
Arlandia 7 November 8, 2021
26.Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth, Director of Conservation Tami Pokorny
Jefferson Land Trust Jefferson County Environmental Public
Health—Conservation Futures
1033 Lawrence St. 615 Sheridan Street
Port Townsend, WA 98368 Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of
any change.
27. Entire Agreement
This Agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the
parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; (b) insurance; and, (c) indemnification.
30. Binding on Successors,Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any
provision in this Agreement is for the benefit of any person or entity who is not a party.
Arlandia 8 November 8, 2021
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may
be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and
places by the parties shall not affect the validity of this Agreement, so long as all the parties
execute a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as
may be amended), the Sponsor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records, within the time frames and parameters
set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request,the Sponsor shall,
within two business days, notify the County by providing a copy of the request per the notice
provisions of this Agreement.
This Agreement, once executed, shall be a "public record" subject to production to a third party
if it is requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,
the State of Washington and the County of Jefferson, as if applied to transactions entered into
and to be performed wholly within Jefferson County, Washington between Jefferson County
residents. No party shall argue or assert that any state law other than Washington law applies to
the governance or construction of this Agreement.
37. Order of Precedence.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case
law.
Arlandia 9 November 8, 2021
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if
such failure arises out of causes beyond a party's control and without fault or negligence of such
party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy;
(c)war; or, (d) epidemics,pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into
this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a) Each person signing this Agreement is fully
authorized to enter into this Agreement on behalf of the party for whom signature is being made;
(b) Each party that is a corporate entity is duly organized and validly existing in good standing
under the laws of one of the states of the United States of America; (c) The making and
performance of this Agreement will not violate any provision of law or of any party's articles of
incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and
internal legal actions to duly approve the making and performance of this Agreement and that no
further corporate or other internal approval is necessary; and, (e) Each party has read this
Agreement in its entirety and know the contents of this Agreement, that the terms of this
Agreement are contractual and not merely recitals, and that they have signed this Agreement,
having obtained the advice of legal counsel.
DATED this day of , 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Arlandia 10 November 8, 2021
JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST
Board of County Commissioners
Jefferson County, Washington
By: Vc✓� ��u�c
By: Signature
Kate Dean, Chair Date
Name: C,«-\ SP O
By: �� Con s.cr 6,41 ev►
Greg Brotherton, Commissioner Date Title: S a-r — ', c a-* -rs K p 3
Date: t 11224 2-0 21
By:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
C
November 12. 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Arlandia 11 November 8,2021
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor," shall perform the following tasks in order to
implement the Arlandia Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than seventy-nice percent
(73%) of the total project cost. The match must be in an eligible form consistent with JCC
3.08.030(5).
Deliverable la: Matching contribution(s) of no less than 73% of the total project cost.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor shall acquire a grant deed of conservation easement on the subject property, APN#s
801324003, 801333012, and 701051021 that incorporates approved Conservation Futures
Program language, including the language in item "C" of this Agreement.
Deliverable 2a: Final draft grant deed of conservation easement
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded grant of conservation easement deed
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D" of this Agreement and
submit required reports to the Conservation Futures Citizen Oversight Committee (through staff)
in the format provided for each year that it is required.
Deliverable 4a: Completed annual reports.
Arlandia 12 November 8, 2021
Exhibit A
Grant Deed of Conservation Easement
Arlandia 13 November 8, 2021
AFTER RECORDING RETURN TO:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
GRANT DEED OF CONSERVATION EASEMENT
GRANTOR(S): DAVID J. RUGH and RUTH H. RUGH
GRANTEE(S): JEFFERSON LAND TRUST
ABBREVIATED LEGAL DESCRIPTION: PTNS S1/2 SE SE 32-28-1W/TAX 10 33-28-1W/
PTN LT 1 5-27-1W (COMPLETE LEGAL DESCRIPTION IS ON PAGE 28)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER: 801 324 003, 801 333 012 & 701 051
021
REFERENCE NUMBERS OF DOCUMENTS ASSIGNED OR RELEASED: N/A
This GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made by DAVID J.
RUGH and RUTH H. RUGH (who also appears of record as Ruthe H. Rugh), husband and
wife, having an address of 4010 Dabob Road, Quilcene, WA 98376-9751 ("Granting Owner"
and "Owner"), in favor of JEFFERSON LAND TRUST, a Washington nonprofit corporation,
having an address of 1033 Lawrence Street, Port Townsend WA 98368 ("Grantee")
(collectively "Parties").
1. RECITALS
1. Granting Owner is the owner in fee simple of that certain real property, approximately
28.5 acres in area, located in Jefferson County, Washington, generally described as
Jefferson County Assessor's Tax Parcel Nos. 801 324 003, 801 333 012, and 701 051
021, and legally described in Exhibit A (Legal Description of Property) (the "Property").
The Property and its features, including but not limited to an approximately 1.4 acre
building envelope ("Building Envelope"), are shown on the survey recorded in Volume
of Surveys, page_, under Auditor's File Number , records of
Jefferson County, Washington (the "Survey"). The Survey is incorporated herein and
made a part hereof by this reference. Other features of the Property, including but not
limited to the approximate locations of the ravine and riparian corridor, septic system
and reserve drainfield, bridges, and ponds are shown on Exhibit B attached hereto and
made a part hereof by this reference,
1
2. The Property is primarily an upland forest on mostly sloped terrain, including a portion
of a ravine containing a tributary to Tarboo Creek, a salmon-bearing stream
documented by the Washington State Department of Natural Resources.
3. The Property is part of a landscape-scale effort to preserve, protect, restore, enhance,
and maintain riparian and upland habitat, and water quality associated with Tarboo
Creek. The Property contains natural values (including riparian and upland habitat for
wildlife) and open space values (including forestland and scenic quality) (collectively,
the "Conservation Values") of great importance to Granting Owner, to the people of
Jefferson County, and to the people of the State of Washington:
Forest and Wildlife habitat: The forest contains, and will support the enhancement of,
native forest vegetation that provides shelter, cover, and food for a diversity of wildlife.
The creek and ravine provide a moist habitat that is typical of the temperate old-growth
Olympic Peninsula forests, including snags, fallen trees, hanging mosses, and a rich
understory of ferns and shrubs; climate change resiliency; carbon sequestration; and
wildlife habitat.;
Riparian habitat: The ravine, creek, and the associated riparian corridor within the
Property that is within 100 feet of the centerline of the creek, as approximately depicted
on Exhibit B, contains, and will support the enhancement of, a stream channel through
dense complex native forest vegetation that provides clean cool water to downstream
salmonid and other aquatic habitat of Tarboo Creek and Dabob Bay;
Scenic quality: The Property is located within the viewshed of Dabob Road, a Jefferson
County road and public thoroughfare; and
Educational and scientific opportunity: The Property is in an easily accessible location,
favorable to educational and scientific activities with an extensive trail system, providing
walking access to most parts of the property.
4. The Conservation Values are further documented in an inventory of relevant features
of the Property on file at the offices of Grantee and incorporated herein by this reference
("Baseline Documentation"). The Baseline Documentation has been prepared by
Grantee and consists of reports, maps, surveys, photographs, and other
documentation that Granting Owner and Grantee agree provide, collectively, an
accurate representation of the Property as of the Effective Date of this Easement and
which is intended to serve as an objective information baseline for monitoring
compliance with the terms of this Easement. The Parties acknowledge that the
Baseline Documentation, as signed by the Parties on , , is
complete and accurate as of the Effective Date of this Easement. The Baseline
Documentation may be used to establish that a change in the use or condition of the
Property has occurred, but its existence shall not preclude the use of other evidence to
establish the condition of the Property as of the Effective Date of this Easement.
m
Grantee may use the Baseline Documentation in enforcing provisions of this Easement,,
but is not limited to the use of the Baseline Documentation to show a change in the use
or condition of the Property.
2
5. The legislatively declared policies of the State of Washington in the Washington State
Open Space Tax Act, Chapter 84.34 RCW ("OSTA"), provide that "it is in the best
interest of the state to maintain, preserve, conserve, and otherwise continue in
existence adequate open space lands for the production of food, fiber and forest crop,
and to assure the use and enjoyment of natural resources and scenic beauty for the
economic and social wellbeing of the state and its citizens." Under the OSTA, lands
eligible for preferential real property tax treatment include lands such as the subject
Property where the preservation in its present use would conserve and enhance natural
resources and open space. Pursuant to this legislative directive, Jefferson County has
adopted an Open Space Tax Program, Resolution No. 82-91, that recognizes the
importance of and provides preferential tax treatment for the following natural and open
space that occur on the Property: riparian areas and wildlife corridors; unique and
critical wildlife habitat; and opportunities to promote conservation principles by example
and through education.
6. The Parties intend that the Conservation Values be preserved and maintained in
perpetuity by permitting only those land uses on the Property that do not impair or
interfere with the Conservation Values.
7. Granting Owner, as sole owner in fee of the Property, has the right to protect and
preserve the Conservation Values, and desires and intends to transfer such rights to
Grantee in perpetuity.
8. Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under
Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended, and
also qualified as a nonprofit nature conservancy corporation under Sections 64.04.130
and 84.34.250 of the Revised Code of Washington, one of whose principal purposes is
to acquire, hold, preserve, and dispose of land, easements, leases, or other rights or
interests in land, or improvements to land, in Jefferson County, Washington, in order to
protect natural areas and ecologically significant land for scientific, educational, and
charitable purposes for the benefit of the public.
9. Grantee agrees by accepting this grant to honor the intention of Granting Owner as
stated in this instrument and to preserve and to protect in perpetuity the Conservation
Values of the Property for the benefit of those now living and those as yet unborn.
2. CONVEYANCE AND CONSIDERATION
1. For the reasons stated above, and in consideration of a cash payment, the receipt of
which is hereby acknowledged, and in further consideration of the mutual covenants,
terms, conditions, and restrictions contained herein, and pursuant to the laws of
Washington, in particular RCW 64.04.130 and RCW 84.34.210, Granting Owner
hereby grants, conveys, and warrants, to Grantee a conservation easement in
perpetuity over the Property, consisting of the rights in the Property, hereinafter
enumerated, subject only to title matters of record as of the Effective Date of this
instrument ("Easement").
2. Granting Owner believes that the amount of the cash payment received is less than the
fair market value of the interest in real property conveyed hereby. Granting Owner
intends to make a gift of the difference between the cash payment received and the fair
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market value of the interest conveyed. Granting Owner reserves the right to claim a
federal income tax deduction based on the difference between the cash payment
received and the fair market value of the interest conveyed. Granting Owner
acknowledges that any and all costs and fees associated with claiming and
substantiating the amount of any federal income tax deduction are the sole
responsibility of Granting Owner.
3. Grantee's costs of acquiring this Easement were provided in part by grant funding from
the Jefferson County Conservation Futures property tax authorized by Washington law.
Grantee hereby agrees to be bound by Jefferson County Code Section 3.08.030(9),
the uses authorized under RCW 84.34.230, as described herein, including the
obligation to ensure the long term conservation of the Property in accordance with the
terms and conditions of this Easement, and to obtain the consent of Jefferson County
prior to any conveyance of any interest acquired hereby. Consistent with Jefferson
County Code Section 3.08.030(9), this Easement shall not be converted to a different
use unless and only if other equivalent lands or interest in lands within Jefferson County
are received by Grantee in exchange.
4. This conveyance is a conveyance of an interest in real property under the provisions
of RCW 64.04.130, and is made as an absolute, unconditional, unqualified, and
completed partial sale and partial gift subject only to the mutual covenants and
restrictions hereinafter set forth and title matters of record as of the Effective Date of
this instrument.
5. Granting Owner expressly intends that this Easement runs with the land and that this
Easement shall be binding upon the successors and assigns of Granting Owner and
Grantee in perpetuity.
3. PURPOSE, STEWARDSHIP PLAN, INTERPRETATION, AND NO PUBLIC RIGHTS
1. Purpose. The Purpose of this Easement is to protect the Conservation Values of the
Property forever and prevent any use of the Property that will impair or interfere with its
Conservation Values. As provided in this Easement, the Property is to be retained
predominantly as a "relatively natural habitat of fish, wildlife or plants, or similar
ecosystem" (as that phrase is used in 26 USC 170(h)(4)(A)(ii), as amended, and in
regulations promulgated by authority of said statute), the preservation of which will yield
a significant public benefit pursuant to clearly delineated governmental conservation
policies as provided in RCW 84.34.210 and 64.04.130 and the Jefferson County Open
Space Tax Program, as provided in Resolution No. 82-91 and any successor provision.
1.1. Granting Owner and Grantee agree that the desired future condition of the
Property is a native forest ecosystem maintained through time that is
characterized generally by old-growth characteristics including the following
attributes:
A. A structurally diverse forest stand, with variable age classes; and
B. Well-distributed large-diameter trees common throughout the
dominant crown class; and
C. Well-distributed standing dead trees throughout the Property; and
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D. Down tree logs and other woody debris on the forest floor.
1.2. Granting Owner and Grantee agree that the desired future condition of the
portion of the Property containing the ravine and creek, that is within 100 feet
of the centerline of the creek, as approximately depicted on Exhibit B, is a
riparian ecosystem that benefits salmon and other native fish and wildlife, and
is characterized generally by the following attributes:
A. Native trees and shrubs that provide riparian functions of shade,
bank, and soil stabilization;
B. Small and large woody material for instream habitat structure; and
C. Source of food and nutrients to the aquatic and terrestrial food chain.
2. Stewardship Plan.
2.1. As of the Effective Date of this Easement, Granting Owner and Grantee have
approved and agreed in writing to a stewardship plan (an "Approved
Stewardship Plan") for stewardship of the Property prepared by a qualified
professional experienced in preparing stewardship and forest management
plans in Jefferson County, Washington. The goal of land management activities
pursuant to an Approved Stewardship Plan shall be to support and to achieve
the desired future conditions as described in Section 3.1.1 and 3.1.2 above.
Any revision to an Approved Stewardship Plan must be in writing and approved
in writing by the parties to the plan. All approved stewardship activities on the
Property under the Approved Stewardship Plan are to be carried out in
compliance with the Purpose (described in Section 3.1 above) and terms of this
Easement. An Approved Stewardship Plan may be modified, updated, or
otherwise changed only with Owner's and Grantee's written approval, in each
party's sole discretion. An Approved Stewardship Plan does not confer upon
Owner or Grantee any rights inconsistent with the provisions of this Easement,
and any conflict between any provision of an Approved Stewardship Plan and
any provision of this Easement shall be resolved in favor of this Easement.
2.2 An Approved Stewardship Plan that is effective as of the date of any change of
ownership shall become an interim plan that will be valid for no more than 90
days following the date of conveyance of the Property; provided, however, that
no harvesting of forest resources may occur on the Property until the interim
plan has been extended or revised through the written approval of Grantee and
the new Owner. Grantee shall meet with the new Owner during such 90-day
period for the purpose of reviewing the plan with the new Owner of the Property
and determining whether such plan should be extended or revised; any
extension or revision of an Approved Stewardship Plan must be approved in
writing by the Grantee and the new owner.
3. Interpretation of Easement and Stewardship Plan.
3.1 The Parties intend that this Easement be interpreted in a manner consistent
with its Purpose.
3.2 The Parties intend that this Easement be interpreted to confine Owner's use of
the Property to such activities that are consistent with the Purpose and terms of
this Easement. At the same time, the Parties intend, and this Easement is
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structured, to give Owner flexibility through the Approved Stewardship Plan to
undertake activities that are consistent with the Purpose and terms of this
Easement.
3.3 The Parties intend that the Approved Stewardship Plan be interpreted in a
manner consistent with the Purpose of this Easement that supports and
achieves the desired future conditions as described in Section 3.1.1 and 3.1.2
above.
4. No Public Rights Conveyed Through Easement. The Parties acknowledge that, except
as specifically may be provided herein, Granting Owner does not grant, expand, or
extend any rights to the general public through this Easement, including without
limitation, any rights of public access to, on, or across, or public use of, the Property.
1. RIGHTS CONVEYED TO GRANTEE
To accomplish the Purpose of this Easement, the following rights are conveyed to Grantee by
this Easement:
1. Protection. Grantee shall have the right to identify, protect, preserve, maintain, and
conserve in perpetuity and to enhance, restore, or improve by mutual agreement the
Conservation Values of the Property.
2. Access by Grantee. As provided for and limited herein, Granting Owner hereby grants to
Grantee reasonable and non-exclusive access to the Property at reasonable times solely
for the purposes of fulfilling Grantee's obligations under this Easement and exercising its
affirmative rights under this Easement. Specifically, Grantee shall have the right:
2.1. To enter upon, inspect, observe, and study the Property, with such persons as
Grantee may require, at mutually agreeable dates and times and upon
reasonable prior notice to Owner, for the purpose of (a) identifying the current
uses and practices on the Property and the condition of the Property, and (b)
monitoring the uses and activities on the Property to determine whether they
are consistent with this Easement.
2.2. To enter upon the Property, at a mutually agreeable date and time and upon
reasonable prior notice to Owner, to inspect the Property after major natural
events occur, such as fires, windstorms, land subsidence, and floods.
2.3. To enter upon the Property, at a mutually agreeable date and time and upon
reasonable prior notice to Owner, for educational or scientific use.
2.4. To enter upon the Property at such other times Grantee may have a reasonable
basis to believe that a violation of the Easement is occurring, for the purpose of
enforcing the provisions of this Easement. Prior to entry, Grantee is to provide
Owner reasonable notice, and describe the basis of the reasonable belief that
a violation is occurring on the Property.
3. Grantee is to exercise its access rights in compliance with applicable law and in a
manner that will not materially disturb or interfere with Owner's reserved rights, any
other person's lawful use of the Property, or Owner's quiet enjoyment of the Property.
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Owner may not unreasonably withhold or delay consent with regard to dates or times
proposed for access by Grantee.
4. Development Rights. Granting Owner hereby grants to Grantee all development rights
except as specifically reserved herein, and the Parties agree that such rights may not
be used on or transferred off of the Property as it now or hereafter may be bounded or
described, or to any other property adjacent or otherwise, or (except as expressly
permitted herein) used for the purpose of calculating permissible lot yield or density of
the Property or any other property.
5. Injunction and Restoration. Grantee has the right to prevent, or cause Owner to
prevent, any use of, or activity on, the Property that is inconsistent with the Purpose
and terms of this Easement, including trespasses by members of the public, and has
the right to undertake or cause to be undertaken the restoration of such areas or
features of the Property as may be materially damaged by activities contrary to the
provisions hereof, all in accordance with Section 9.
6. Enforcement. Grantee has the right to enforce the terms of this Easement, in
accordance with Sections 8 and 9. Jefferson County has no obligation to participate in
or assist with Enforcement.
7. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only in the manner provided in Section 13 of this
Easement.
8. Signage. Grantee has the right to erect and maintain one or more signs or other
appropriate markers on the Property bearing information indicating that the Property is
protected by this Easement held by Grantee.
9. Third Party Beneficiary. Granting Owner and Grantee recognize that, as a funding
source for this Easement, Jefferson County is a third party beneficiary of this Easement.
All rights and remedies conveyed to Grantee under this Easement shall extend to
Jefferson County, subject to prior coordination with Grantee.
5. PERMITTED USES
1. General. Granting Owner reserves for Granting Owner and Granting Owner's
successors and assigns, any and all rights not otherwise conveyed to Grantee under
this Easement and any and all uses of, or activities on the Property that are not
inconsistent with the Purpose and terms of this Easement, and that are not prohibited
or otherwise restricted herein. Without limiting the generality of the foregoing, Granting
Owner specifically reserves for Granting Owner and Granting Owner's successors and
assigns the following uses and activities on the Property in the manner provided for
herein, which are to be considered permitted uses and activities under the Easement.
2. Habitat Stewardship Activities. Owner may engage in, and allow others to engage in,
any activity to monitor, protect, maintain, and restore the Conservation Values of the
Property, including, without limitation, habitat restoration, enhancement, and
management activities ("Habitat Activities"), pursuant to an Approved Stewardship Plan
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covering the Property. All Habitat Activities on the Property are to be carried out in
compliance with the Purpose and terms of this Easement and in accordance with an
Approved Stewardship Plan.
3. Building Envelope Uses, and Improvements. There shall be no more than one (1)
building envelope within the Property, in which uses and activities are not limited except
as provided under applicable law or specifically prohibited by this Easement. A portion
of the Property, as depicted on the Survey and comprising approximately 1.4
contiguous acres in area, is hereby designated the Building Envelope for personal,
residential, and domestic uses and activities, and for the purpose of conducting any
home-based business permitted by applicable law. Within the Building Envelope,
Owner reserves the right, subject to the limitation on Impervious Surfaces in Section 6
of this Easement, to use, maintain, repair, reconstruct, expand, or replace the existing
single-family dwelling unit and the right, within the Building Envelope, to install, build,
or construct, to use, to expand, enlarge, maintain, repair, replace, or decommission
such accessory dwelling unit(s) ("ADU") as may be permitted by applicable law.
Additionally, within the Building Envelope, Owner reserves the right, subject to the said
limitation on Impervious Surfaces, to use, maintain, repair, reconstruct, expand, or
replace existing outbuildings, and the right to install, build, or construct, expand,
enlarge, maintain, repair, replace, or decommission such additional barns,
outbuildings, and other structures, including but not limited to structures related to wind,
solar, or other alternative energy production whose primary purpose is generating
energy for permitted uses on the Property, as permitted by applicable law ("Other
Residential Improvements").
4. Other Improvements. Subject to the limitation on Impervious Surfaces in Section 6 of
this Easement, Owner may maintain, repair, replace, or decommission structures,
fences, roads, driveways, ditches, gates, and other permanent improvements ("Other
Improvements") described in the Baseline Documentation as existing on the Property
as of the Effective Date of this Easement, provided that such activities related to
existing Improvements are carried out in compliance with the Purpose and terms of this
Easement. Such Other Improvements include utility systems and underground utility
corridors that support the Other Improvements, such as electric power lines, septic
systems, water storage and delivery systems, telephone and communication cable
systems, and the like. Granting Owner reserves a right of access to such Other
Improvements over, upon, across, under, and through land within the Property adjacent
to such Other Improvements for maintenance, repair, or replacement of such Other
Improvements. Owner may use, maintain, and repair the existing unpaved driveways
that provide access to the Building Envelope from a county road, as shown on either
the Survey or Exhibit B, subject to the limitation on Impervious Surfaces in Section 6 of
this Easement. Owner may install, build, or construct, expand, enlarge, maintain,
repair, replace, or decommission wind, solar, or other alternative energy installations
within the Building Envelope for the primary purpose of generating energy for permitted
uses on the Property, which may include: foundations, concrete pads and footings;
wind turbine units; photovoltaic panels; guy wires, support fixtures, anchors, and
fences; buildings needed for maintenance of wind turbine or other alternative energy
production units and maintenance and storage of related equipment; electrical
transformers and energy storage facilities; electric distribution and transmission towers
and lines either above ground or underground; substations or switching facilities for the
purpose of connecting to a transmission system; and any other items necessary to the
8
successful and secure use of any area of the Property within the Building Envelope for
the production of wind, solar, or other alternative source of energy. Outside the Building
Envelope, Owner shall not expand or enlarge Other Improvements existing on the
Property as of the Effective Date, or install, build, or construct new Other
Improvements, except as specifically provided for herein.
Any septic system constructed after the Effective Date of this Easement must be
located entirely within the Building Envelope; provided, however, if it is not practicable
to do so, Owner may locate the septic system outside the Building Envelope. With
notice to Grantee as provided for in Section 7, any septic system located outside the
Building Envelope must be in a location agreed upon by both Owner and Grantee, and
must include subsequent restoration of disturbances to the soil and vegetation resulting
from the construction.
5. Recreational or Educational Uses. Owner may engage in, and allow others to engage
in, recreational or educational activities on the Property, including the construction,
maintenance, and use of pedestrian trails on the Property, except in the manner and in
the areas prohibited under the provisions of Section 6 herein. Recreational uses are
limited to low-impact uses and types of passive recreation that do not require site
modification to accommodate motorized, mechanical, or electronic accessories. All
forms of developed or commercial recreation or recreation that adversely impacts the
Conservation Values of the Property are prohibited. All recreational and educational
activities on the Property must be carried out in compliance with the Purpose and terms
of this Easement.
6. Vegetation Removal. Owner reserves the right to conduct, in accordance with an
Approved Stewardship Plan, removal or control of non-native plants. Owner reserves
the right to remove firewood, in accordance with an Approved Stewardship Plan, for
personal, on-site use. Owner also reserves the right to remove hazard trees on the
Property that threaten people or structures or that block the driveway or a trail on the
Property.
7. Emergency Action. Owner may undertake any activities on the Property that are
necessary to protect health or safety or prevent significant property damage on the
Property or are required by and subject to compulsion of any governmental agency;
provided, however, that Owner must first reasonably attempt to notify Grantee prior to
taking such action. If Grantee cannot provide consent, with or without conditions, within
such time as is reasonable under the circumstances, Owner may proceed with such
action without consent.
6. PROHIBITED AND RESTRICTED USES AND ACTIVITIES
1. General Prohibitions. The following uses and activities are prohibited anywhere on the
Property:
1.1. Any use of, or activity on, the Property inconsistent with the Purpose or other
terms of the Easement is prohibited, and Owner acknowledges and agrees that
Owner will not conduct, engage in, or permit any such use or activity. Without
limiting the generality of the foregoing, the following uses of, or activities on, the
9
Property, though not an exhaustive list of inconsistent uses or activities, are
either: (a) inconsistent with the Conservation Values and Purpose of this
Easement and prohibited herein; or(b) limited as provided herein to make such
uses or activities consistent with the Conservation Values and Purpose of this
Easement.
1.2. Conversion to Incompatible Uses. Owner may not convert the Property to
industrial or suburban/residential development or to any other use that is
incompatible with protection of the Conservation Values of the Property.
Prohibited uses specifically include, but are not limited to: concrete batch
plants; processing or refining of sand, gravel, metals, chemicals, or any other
materials; mills, except mills for processing timber produced on the Property; or
slaughter houses or other facilities for processing livestock or other animals,
except facilities for processing livestock produced on the Property; commercial
storage; sales of motor vehicles that are inventory; and fish farms or other
aquaculture facilities.
1.3. Limitations on Improvements. Owner may build, replace, construct, expand, or
rebuild structures or improvements only in a manner consistent with the
limitations, prohibitions, and other terms and conditions of this Easement and
the following absolute limit on Impervious Surfaces(as defined below in Section
6.1.4):
1.4. Impervious Surfaces Limitation. The total area of the Property covered by
Impervious Surfaces shall be limited to no more than four and a half percent
(4.5%) of the area of the Property; provided, however, that minor improvements
such as fences, ditches, culverts, seasonal agricultural structures (such as a
"hoop house": a floorless, framed structure with no foundation), or other minor
structures ("Minor Improvements") may be constructed or placed on the
Property and not count against this total impervious surface limit. The total area
covered by gravel shall be subject to this 4.5% limitation unless Owner obtains
prior consent from Grantee as provided in Section 7 to increase the percentage
of total surfaces covered by gravel above the 4.5% limitation. As used herein,
"Impervious Surfaces" means hard surface areas that either prevent or retard
the entry of water into the soil mantle as under natural conditions before
development or that cause water to run off the surface in greater quantities or
at an increased rate of flow from the flow present under natural conditions
before development. Impervious Surfaces include, but are not limited to roofs,
walkways, patios, driveways, parking lots, storage areas, areas that are paved,
graveled, or made of packed, or oiled earthen materials, or other surfaces that
similarly impede the natural infiltration of surface and storm water.
1.5. Subdivision. Owner shall keep the Property in common ownership. Owner may
not legally or in a "de facto" manner subdivide the Property, which includes,
without limitation, any subdivision, short subdivision, platting, binding site plan,
testamentary division, or other process by which the Property is divided into lots
or in which fee title to different portions of the Property is held by different
owners. This provision shall not be interpreted to preclude lot line adjustments
or leases.
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1.6. Extraction and Land Alteration. Owner shall not explore for or develop, extract,
remove, or drill for oil, gas, coal, lignite, hydrocarbons, limestone, geothermal
resources, fossils, metals, ores, sand, gravel, rock, stone, aggregate, peat,
clays, marl, and other minerals by any surface mining technique. In addition,
Owner may not alter the surface of the land on the Property, including, without
limitation, grading, excavating or removing soil, sand, gravel, rock, stone,
aggregate, peat, or sod, unless any such activity is within the Building Envelope,
or occurs in conjunction with maintenance of the existing driveways as depicted
on either the Survey or Exhibit B, the maintenance of any pond(s) depicted on
Exhibit B, or occurs in conjunction with other activities permitted under this
Easement, and is accomplished in a manner that is consistent with the Purpose
and terms of this Easement and in accordance with an Approved Stewardship
Plan
1.7. Soil Degradation or Water Pollution. Owner shall not engage in any use or
activity on the Property that causes or is likely to cause significant soil
degradation or erosion or significant pollution of any surface or subsurface
waters.
1.8. Release of Hazardous Substances. Owner shall prevent the Release of
Hazardous Substances on the Property. The term "Release" shall mean any
generation, treatment, disposal, dumping, burying, or abandonment on the
Property occurring after the Effective Date of this Easement, but shall not
include any migration to the Property from adjacent property. The term
"Hazardous Substance" shall mean any substances, materials, or wastes that
are hazardous, toxic, dangerous, or harmful or are designated as, or contain
components that are, or are designated as, hazardous, toxic, dangerous, or
harmful and/or that are subject to regulation as hazardous, toxic, dangerous, or
harmful or as a pollutant by any federal, state, or local law, regulation, statute,
or ordinance, including, but not limited to, petroleum or any petroleum product.
This provision shall not be interpreted to prohibit: (a) storing and using fuel and
chemicals, including, but not limited to, biosolids or other forms of fertilizers
("Fertilizers"); herbicides, rodenticides, fungicides, insecticides, or other forms
of pesticides ("Pesticides"); paints; solvents; and cleaners; provided that such
storage and use is in compliance with federal, state, and local laws and
regulations and manufacturer recommendations; (b) using fire to dispose of
waste, provided that such disposal is otherwise permitted by local law; and (c)
storage and use of wood that is treated with preservative.
1.9. Feedlot. Owner shall not establish or maintain a commercial feedlot on the
Property. For purposes of this Easement, "commercial feedlot" means and
refers to a confined area or facility within which the land is not grazed or cropped
annually, and that is used to receive livestock that are confined solely for the
purpose of growing or finishing.
1.10. Construction of Ponds. Owner shall not construct any ponds on the Property;
provided, however, that Owner, in accordance with an Approved Stewardship
Plan, may maintain any ponds existing as of the effective date of this Easement,
as shown on Exhibit B and described in the Baseline Documentation.
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1.11. Trash. Owner shall not dump or dispose of trash or other inorganic debris on
the Property; provided, however, Owner may pile and compost organic material
originating on the Property, including, but not limited to forest vegetation, and
residential kitchen waste and cooled ash from wood stove(s).
1.12. Commercial Signage. Owner may not place or erect any commercial signs,
billboards, or other advertising material on the Property, except as related to a
home-based business, for which one sign is permitted, in accordance with
applicable law.
1.13. Nonnative Plants. Owner may not intentionally introduce noxious weeds on the
Property, as defined and listed by Jefferson County or the State of Washington.
1.14. Commercial Recreation Activities. Owner shall not conduct commercial
recreational activities on the Property, other than de minimus use of the
Property for commercial recreational activities, as such terms are defined by
Internal Revenue Code Section 2013(c)(8)(B) and the applicable Treasury
Regulations. By so limiting commercial outdoor recreational activities, it is the
intent of the parties to prevent the Property from becoming the site of a
commercial recreational enterprise, such as a commercial campground, a golf
course, an exclusive hunting grounds or club, a commercial site for an all-terrain
vehicle, motocross or other racetrack, a riding arena, a dressage field, or other
similarly intensive or predominantly commercial use.
1.15. Grazing livestock outside of the Building Envelope;
1.16. Construction or replacement of stream crossings over a tributary of Tarboo
Creek, except in accordance with an Approved Stewardship Plan;
1.17. Storage of motor vehicles, trailers, machinery or equipment, or any inorganic
debris except within the Building Envelope, in accordance with applicable law
1.18. Damming, diking, dredging, filling, altering, or manipulating natural
watercourses, wetlands, or ponds, except as allowed under an Approved
Stewardship Plan;
1.19. Construction of any trails that are made or improved with impervious material,
except in accordance with an Approved Stewardship Plan;
1.20. Harvest of timber (commercial or non-commercial) is generally prohibited,
except when in support of achieving the desired future conditions or for firewood
for personal, on-site use as permitted in Section 5.6, and all in accordance with
an Approved Stewardship Plan. Owner shall provide written notice to Grantee
of any harvest of timber requiring a forest practices permit from the State of
Washington in advance of any such timber harvest activity and no harvesting of
timber shall occur during such time when an Approved Stewardship Plan is not
in place with the then current Owner of the Property;
1.21. Planting non-native trees or other vegetation, except for such non-native (but
not-invasive) plants specifically allowed in an Approved Stewardship Plan;
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1.22. Using pesticides, herbicides, fertilizers, or other chemicals to treat soil, water,
animals, or vegetation, except in accordance with an Approved Stewardship
Plan.
2. Compliance with Regulatory Requirements. Owner shall conduct all reserved and
permitted uses and activities under this Easement to meet all requirements of federal,
state, and local statutes, rules, and regulations as they may be amended from time to
time, and in accordance with an Approved Stewardship Plan.
3. Limitation on Transfers.
3.1. For purposes of this Section, "Transfer" includes but is not limited to any sale,
grant, lease, hypothecation, encumbrance, assignment, conveyance, or any
transaction the purpose of which is to effect a sale, grant, lease, hypothecation,
encumbrance, assignment, or conveyance.
3.2. Owner may not undertake or permit any Transfer of any rights in the Property
without prior notice to and consent of Grantee as provided for in Section 7 and
Jefferson County; provided, however, that such consent shall not be withheld
unless Grantee and Jefferson County determine that the proposed Transfer
would be inconsistent with the Purpose and terms of this Easement.
7. NOTICE AND CONSENT
1. The following require notice to but do not require consent of Grantee: i) Any mortgage,
deed of trust, or similar document providing security for an indebtedness of Owner,
provided, however, that such security interest shall be subject and subordinate to this
Easement; ii) alternate energy installations for personal use within the Building
Envelope; or iii) any gift, bargain, sale, or devise of fee simple absolute title to the
Property.
2. Notice.
2.1. Grantee. Certain provisions of this Easement require Grantee to give notice to
Owner prior to undertaking certain activities. Whenever such notice is required,
and no other timeline for notice is set forth elsewhere in this Easement, Grantee
is to provide such notice in writing not less than 30 days prior to the date
Grantee intends to undertake the use or activity in question.
2.2. Owner. Certain provisions of this Easement require Owner to give notice to
Grantee prior to undertaking certain permitted uses and activities(e.g., Sections
5.4 (septic system), 6.1.4 (impervious surface limitation), 6.1.20 (timber harvest
permit), 6.3.2 (transfer property rights)j. The purpose of requiring Owner to
notify Grantee prior to undertaking these permitted uses and activities is to
afford Grantee an adequate opportunity to ensure that the use or activity in
question is designed and carried out in a manner consistent with the Purpose
of this Easement. Whenever such notice is required, and no other timeline for
notice is set forth elsewhere in this Easement, Owner is to provide such notice
in writing not less than 30 days prior to the date Owner intends to undertake the
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use or activity in question. The notice is to describe the nature, scope, design,
location, timetable, and any other material aspect of the proposed use or activity
in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the terms of this Easement and the Purpose thereof.
3. Consent.
3.1. Consent Not Unreasonably Withheld. Wherever, in this Easement, a Party's
consent is required, such consent may be withheld only upon a reasonable
determination by the consenting party that the action as proposed would be
inconsistent with the Purpose or terms of this Easement and cannot be modified
to make the proposed action consistent with the Purpose and terms of this
Easement. Any consent may include reasonable conditions consistent with the
Purpose and terms of this Easement that must be satisfied in undertaking the
proposed action, use, or activity.
3.2. Timeline for Consent. Whenever, in this Easement, Owner's or Grantee's
consent is required, and no other timeline for consent is set forth elsewhere in
this Easement, the party whose consent is required must grant, condition, or
withhold its consent in writing within the following time periods:
3.2.1. Owner. Where consent by Owner is required under this Easement,
Owner must either grant, condition, or withhold their consent within 90
days of receipt of a written request by certified mail for consent.
3.2.2. Grantee. Where consent by Grantee is required under this Easement,
Grantee shall grant, condition, or withhold its consent within 90 days of
receipt of a written request by certified mail for consent.
3.3. Failure to Grant or Deny Consent Within the Required Time. When consent is
required under this Easement, and when such consent is not granted or denied
within the time period and manner set forth in this Section 7, the Parties agree
that failure to grant or withhold consent within the required time on any proposed
action, use, or activity shall not be deemed or construed to be a waiver of
Grantee's rights under this Easement with respect to any future proposed
action, use, or activity.
4. Optional Consultation. If Owner is unsure whether a proposed use or activity is
prohibited by this Easement, Owner may consult Grantee by providing written notice to
Grantee describing the nature, scope, design, location, timetable, and any other
material aspect of the proposed use or activity in sufficient detail to permit Grantee to
make an informed judgment as to its consistency with the Purpose of this Easement
and to provide comments thereon to Owner. This Section 7.4 does not itself impose a
requirement of prior consent of the activity described in any such notice.
5. Addresses for Notices. Unless otherwise required to be sent via certified mail, any
notice, demand, request, consent, approval or communication that either Owner or
Grantee desires or is required to give to the other must be in writing and be personally
delivered, or sent by first class mail with postage prepaid, or transmitted by electronic
means, with a copy of such electronic transmittal bearing the date of transmittal
retained by the transmitter,to the address or telephone number provided by either party
from time to time.
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To Owner: David J. and Ruth H. Rugh
4010 Dabob Road
Quilcene WA 98376
Telephone: (360) 765-3807
Email: dave.rugh48@gmail.com
To Grantee: Jefferson Land Trust
1033 Lawrence Street
Port Townsend WA 98368
Telephone: (360) 379-9501
Email: infosaveland.orq
Grantee shall provide a copy to Jefferson County Department of Environmental Health of any
notice given by Owner or Grantee under Section 8.1. or 9.1.
Jefferson County Department of Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
8. DISPUTE RESOLUTION
1. Preventive Discussions. Owner and Grantee will promptly give the other party notice
of problems or concerns arising in connection with the other's actions under this
Easement or the use of or activities or conditions on the Property, and will meet as
needed, but no later than 15 business days after receipt of a written request for a
meeting, to minimize the same.
2. Mediation. If the Parties disagree as to the consistency of any proposed use or activity
with the Purpose or terms of this Easement and the Parties are unable to resolve such
disagreement through unassisted preventive discussions between themselves, and if
Owner agrees not to proceed with the use or activity pending resolution of the dispute,
Owner or Grantee may refer the dispute to mediation by request made in writing upon
the other. Within ten business days of the receipt of such a request, the parties to the
mediation ("Mediation Parties") shall select a single impartial mediator. Mediation shall
then proceed in accordance with the following guidelines:
2.1. Purpose. The purpose of the mediation is to: (a) promote discussion among
the Mediation Parties; (b) assist the Mediation Parties to develop and exchange
pertinent information concerning the issues in dispute; and (c) assist the
Mediation Parties to develop proposals which enable them to arrive at a
mutually acceptable resolution of the controversy. The mediation is not
intended to result in any express or de facto modification or amendment of the
terms, conditions or restrictions of this Easement.
2.2. Participation. The mediator may meet with the Mediation Parties and their
counsel jointly or ex parte. The Mediation Parties agree that they will participate
in the mediation process in good faith and expeditiously, attending all sessions
scheduled by the mediator. Representatives of all Mediation Parties with
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settlement authority will attend mediation sessions as requested by the
mediator.
2.3. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of the
Mediation Parties or their respective counsel. The mediator shall not be subject
to subpoena by any party. No statements made or documents prepared for
mediation sessions shall be disclosed in any subsequent proceeding or
construed as an admission of a party. Records of mediation communications
shall be exempt from the requirements of Chapter 42.56 RCW (Washington
State Public Records Act) to the extent provided for in Chapter 7.07 RCW
(Washington State Uniform Mediation Act).
2.4. Time Period. Neither party shall be obligated to continue the mediation process
beyond a period of 60 days from the date of receipt of the initial request or if the
mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution of the dispute.
2.5. Costs. The costs of the mediator shall be borne equally by the Parties; the
Mediation Parties shall bear their own expenses, including attorney's fees,
individually.
3. Arbitration. The Parties may by mutual agreement submit disputed matters (other than
extinguishment of this Conservation Easement which shall occur only in accordance
with Section 11 below) to arbitration upon such rules of arbitration as the Parties may
agree.
9. GRANTEE'S REMEDIES
1. Notice of Non-Compliance. If Grantee determines that Owner is in violation of the terms
of this Easement or that a violation is likely to occur, Grantee shall give written notice
to Owner of such violation and demand corrective action sufficient to cure the violation
and, where the violation involves injury to the Property resulting from any use or activity
inconsistent with the Purpose or terms of this Easement, to restore the portion of the
Property so injured to its prior or potential condition in accordance with a plan to which
Grantee has given consent in writing.
2. Owner's Failure to Respond. Grantee may bring an action as provided in Section 9.3
if Owner:
2.1. Fails to cure the violation within 30 days after receipt of notice thereof from
Grantee;
2.2. Under circumstances where the violation cannot reasonably be cured within the
30 day period, fails to begin curing such violation within the 30 day period; or
2.3. Fails to continue diligently to cure such violation until finally cured.
3. Grantee's Action. Grantee may bring an action at law or in equity, or both, in a court
of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation,
ex parte as necessary and as allowed under the applicable civil rules, by temporary or
permanent injunction, to recover any damages to which it may be entitled for violation
16
of the terms of this Easement or injury to any of the Conservation Values protected by
this Easement, including damages for the loss of any of the Conservation Values; and
to require the restoration of the Property to the condition that existed prior to any such
injury. Without limiting Owner's liability therefor, Grantee, in its sole and absolute
discretion, may apply any damages recovered to the cost of undertaking any corrective
action on the Property. All such actions for injunctive relief may be taken without
Grantee being required to post bond or provide other security.
4. Immediate Action Required. Notwithstanding any other provision of this Easement, if
Grantee, in its sole and absolute discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the Conservation Values,
Grantee may pursue its remedies under this Section 9 without prior notice to Owner,
without participation in dispute resolution as provided for in Section 8, or without waiting
for the period provided for cure to expire.
5. Nature of Remedy. Grantee's rights under this Section 9 apply equally in the event of
either actual or threatened violations of the terms of this Easement. Owner agrees that
Grantee's remedies at law for any violation of the terms of this Easement may be
inadequate, and that Grantee shall be entitled to the injunctive relief described in this
Section 9, both prohibitive and mandatory, in addition to such other relief to which
Grantee may be entitled, including specific performance of the terms of this Easement,
without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. Grantee's remedies described in this Section 9 shall be
cumulative and shall be in addition to all remedies now or hereafter existing at law or
in equity. The provisions of Section 9.5 shall not be interpreted to preclude Grantee
from obtaining monetary or declaratory relief.
6. Damages. Inasmuch as the actual damages to the Conservation Values that could
result from a breach of this Easement by Owner would be impractical or extremely
difficult to measure, the Parties agree that the money damages Grantee is entitled to
recover from Owner shall be, at Grantee's election, the higher of: (i) the amount of
economic gain realized by Owner from violating the terms of the Easement; (ii) the cost
of restoring any Conservation Values that have been damaged by such violation; (iii) an
amount equal to the fair market value of this Easement, which shall be determined as
provided in Section 11.3 and distributed as provided in Section 11.4; or (iv) an amount
equal to the total project cost as specified in any written agreement with an entity that
provided funding for the acquisition of this Easement, with interest due and payable
from the date of breach at the rate provided for in RCW 43.17.240, as may be amended
from time to time. In the event Grantee chooses the second of these four measures,
Owner agrees to allow Grantee, its agents or contractors to enter upon the Property and
conduct restoration activities. In the event that Grantee chooses the third or fourth of
these four measures, Grantee agrees that it will follow the dispute resolution process
and remedies described in Sections 8 or 9 before exercising this right, unless legally
compelled to do otherwise. Any amounts due and owing Grantee under this paragraph
shall be due and owing within 120 days of receiving a written demand for repayment by
Grantee.
7. Costs of Enforcement. In the event Owner or Grantee finds it necessary to bring an
action at law or other proceeding against the other party to enforce or interpret any of
the terms, covenants, or conditions of this Easement, the prevailing party in any such
17
action or proceeding shall be paid all costs and reasonable attorneys' and consultants'
fees by the other party and all such costs and attorneys' and consultants' fees shall be
included in any judgment secured by such prevailing party. This paragraph does not
apply to the municipal corporation that is Jefferson County.
8. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Easement in the event of any breach of any terms of this Easement by Owner shall not
be deemed or construed to be a waiver by Grantee of such term or of any of Grantee's
rights under this Easement. No delay or omission by Grantee in the exercise of any
right or remedy upon any breach by Owner shall impair such right or remedy or be
construed as a waiver. Jefferson County has no obligation to participate in or assist
with said Enforcement.
9. Waiver of Certain Defenses. Granting Owner acknowledges that they have carefully
reviewed this Easement and that they have been advised by Grantee to consult with
legal counsel regarding its terms and requirements. In full knowledge of the provisions
of this Easement, Owner hereby waives any claim or defense they may have against
Grantee or its successors in interest under or pertaining to this Easement based upon
abandonment, adverse possession, or prescription relating to the Property or this
Easement. Except for the foregoing, Owner specifically retains any and all rights it has
under the law as owner of the Property, including, without limitation, the right to bring
claims against Grantee for any breach by Grantee of the terms of this Easement.
10. Acts Beyond Owner's Control. Nothing contained in this Easement may be construed
to entitle Grantee to bring any action against Owner to abate, correct, or restore any
condition on the Property or to recover damages for any injury to or change in the
Property resulting from actions by a trespasser upon the Property or causes beyond
Owner's control, including, without limitation, natural disaster, fire, flood, storm, pest
infestation, earth movement, and climate change, and from any prudent action taken
by Owner under emergency conditions to prevent, abate, or mitigate significant injury
to the Property resulting from such causes. In the event the terms of this Easement
are violated by acts of trespassers, and Owner has not undertaken suit itself, Owner
agrees, at Grantee's option and Grantee's expense, to assign its right of action to
Grantee or to appoint Grantee its attorney in fact, for purposes of pursuing enforcement
action against the responsible parties. Jefferson County has no obligation to participate
in or assist with said enforcement.
11. Compliance Certificates. Upon request by Owner, Grantee shall, as soon as possible
and no later than 30 days after receipt of such request, execute and deliver to Owner
any document, including an estoppel certificate, which certifies, to the best of Grantee's
knowledge, Owner's compliance or lack thereof with any obligation of Owner contained
in this Easement and otherwise evidences the status of this Easement as requested by
Owner. Such certification shall be limited to the condition of the Property as of
Grantee's most recent inspection. If Owner requests more current documentation,
Grantee must conduct an inspection, at Owner's expense, within 45 days of receipt of
Owner's written request and payment therefor.
10. LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
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1. Liabilities and Insurance. Owner retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of
the Property, including the maintenance of adequate liability insurance coverage. The
Parties release and relieve the other, and waive their entire right to recovery for loss or
damage to the extent that the loss or damage is covered by the injured party's
insurance. This waiver applies whether or not the loss is due to the negligent acts or
omissions of Owners or Grantee. Owner remains solely responsible for obtaining any
applicable governmental permits and approval for any construction or other activity or
use permitted by this Easement, and all such construction or other activity or use shall
be undertaken in accordance with all applicable Federal, state, and local laws,
regulations, and requirements. Owner shall keep the Property free of any liens arising
out of any work performed for, material furnished to, or obligations incurred by Owner;
provided, however, that the Property shall be deemed to be free of such liens if i)Owner
or Grantee, as the case may be, is diligently challenging the application of such liens
to the Property; or ii) such liens are subordinated to this Easement and do not require
any action or inaction inconsistent with the Purpose and terms of this Easement.
2. Taxes. Owner must pay before delinquency all taxes, assessments, fees, charges of
whatever description levied on or assessed against the Property by competent
authority(collectively"taxes"), including any taxes imposed upon, or incurred as a result
of, this Easement, and must furnish Grantee with satisfactory evidence of payment
upon request.
3. Liability. Each party to this Easement is responsible for its own acts and/or omissions
and those of its members, directors, officers, employees, agents, and contractors. No
party to this Easement is responsible for the acts and/or omissions of entities or
individuals not a party to this Easement.
4. Representations and Warranties. Granting Owner represents and warrants that, to the
best of Granting Owner's knowledge without the duty of investigation:
4.1. Granting Owner and the Property are in compliance with all Federal, state, and
local laws, regulations, and requirements applicable to the Property and its use;
4.2. There has been no release, dumping, burying, abandonment or migration from
off-site on the Property of any substances, materials, or wastes that are or are
designated as hazardous, toxic, dangerous, or harmful or contain components
that are, or are designated as, hazardous, toxic, dangerous, or harmful and/or
that are subject to regulation as hazardous, toxic, dangerous, or harmful by any
federal, state or local law, regulation, statute, or ordinance;
4.3. Neither Granting Owner nor Granting Owner's predecessors in interest have
disposed of any hazardous substances off-site, nor have they disposed of
substances at sites designated or proposed to be designated as federal
Superfund (42 U.S.C. § 9601 et seq.) or state Model Toxics Control Act (RCW
70.105D.010 et seq.) ("MTCA") sites; and
4.4. There is no pending or threatened litigation affecting the Property or any portion
of the Property that will materially impair the Conservation Values of any portion
of the Property. No civil or criminal proceedings have been instigated or are
pending against Granting Owner or Granting Owner's predecessors by
19
government agencies or third parties arising out of alleged violations of
environmental laws, and neither Granting Owner nor Granting Owner's
predecessors in interest have received any notices of violation, penalties,
claims, demand letters, or other notifications relating to a breach of
environmental laws.
5. Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about
the Property of a Hazardous Substance, Owner agrees to take or compel responsible
third parties to take all steps required under applicable law and necessary to assure its
containment and remediation, including any cleanup that may be required under
applicable law (except that the use of institutional controls shall not be allowed without
Grantee's consent), unless the Release was caused by Grantee, in which case Grantee
shall be responsible for such remediation to the extent the Release was caused by
Grantee. At its discretion, Grantee may assist Owners in compelling third parties to
contain and remediate any such Release.
6. Control. Nothing in this Easement shall be construed as giving rise, in the absence of
a judicial decree, to any right or ability in Grantee to exercise physical or managerial
control over the day-to-day operations of the Property, or any of Owners' activities on
the Property, or otherwise to become an operator with respect to the Property within
the meaning of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended ("CERCLA") or owner or operator under the Model
Toxics Control Act (MTCA).
11.SUBSEQUENT TRANSFER OR EXTINGUISHMENT
1. Extinguishment.
1.1. If circumstances arise in the future that render the Purpose of this Easement
impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction.
1.2. The amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion
of all or any portion of the Property subsequent to such termination or
extinguishment, shall be determined, unless otherwise provided by Washington
law at the time, in accordance with Section 11.3. Jefferson County reserves its
right to receive a share (9%) of proceeds in the event of any extinguishment or
termination of the Easement. Grantee shall use all such remaining proceeds in
a manner consistent with the Purpose of this Easement.
1.3. In granting this Easement, Granting Owner has considered the fact that any use
of the Property that is prohibited by this Easement, or any other use as
determined to be inconsistent with the Purpose of this Easement, may become
economically more valuable than permitted uses. It is the intent of both
Granting Owner and Grantee that such circumstances shall not justify the
termination or extinguishment of this Easement. Owners' inability to carry on
any or all of the permitted uses, or the unprofitability of doing so, shall not impair
the validity of this Easement or be considered grounds for its termination or
extinguishment.
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2. Condemnation. If the Easement is taken, in the whole or in the part, by the exercise of
the power of eminent domain, Grantee shall be entitled to compensation in accordance
with Section 11.3 and 11.4, for the value of the Easement taken; and Owner shall be
entitled to compensation in accordance with applicable law for the value of the
underlying fee title and improvements taken. In the event that Section 11.3 violates
applicable law, then the proceeds to Owner and Grantee shall be divided in accordance
with applicable law
3. Valuation. For grant funding purposes, the Parties stipulate that this Easement has a
fair market value determined by the difference between the fair market value of the
Property encumbered by this easement and the fair market value of the Property
unencumbered by this Easement at the time of termination or extinguishment, as
determined by an appraisal by a qualified appraiser.
4. Distribution of Proceeds. In the event of extinguishment of this Easement pursuant to
Section 11.1, condemnation of this Easement pursuant to Section 11.2, or damages
received by Owner in an amount equal to the fair market value of this Easement
pursuant to Section 9.6, any proceeds attributable to the value of the Easement shall
be distributed pursuant to Section 11.1.2 and 11.3.
5. Subsequent Transfers. Owner agrees to: (1) incorporate by express reference the
terms of this Easement in any deed or other legal instrument by which Owner divests
Owner of any interest in all or a portion of the Property; and (2) describe this Easement
in and append it to, any executory contract for the transfer of any interest in the
Property. Owner further agrees to give written notice to Grantee and to Jefferson
County Department of Environmental Health of the transfer of any interest at least 30
days prior to the date of such transfer. Such notice to Grantee shall include the name,
address, and telephone number of the prospective transferee or such transferee's
representative. The failure of Owner to perform any act required by this Section 11
shall not impair the validity of this Easement or limit its enforceability in any way.
12.Amendment and Grantee's Discretionary Approval
1. Background. Granting Owner and Grantee have determined, in good faith, to articulate
herein the limitations of any permissible modifications hereto. Owner and Grantee
recognize that natural conditions, landscapes, uses, and technologies change over
time, including, without limitation, forest management practices. Grantee and Owner
recognize that unforeseen or changed future circumstances may arise which makes it
beneficial or necessary to take certain action in order to ensure the continued protection
of the Conservation Values of the Property and to guaranty the perpetual nature of this
Easement. Additionally, proposed activities may require the exercise of discretion by
Grantee, as further described below. This Section 12 therefore ensures that Grantee
protects the Conservation Values of the Property in perpetuity.
2. Purpose. To this end, if approved by Grantee in its sole discretion, Owner and Grantee
have the right to modify this Easement. Grantee may exercise its discretion in
accordance with the provisions and limitations of this Section. Grantee has no obligation
to agree to any modification of this Easement. No modification shall adversely affect the
21
perpetual duration of this Easement or the perpetual protection of its Conservation
Values.
3. Amendment Requirements. Grantee shall not consent to any amendment of this
Easement unless Owner submits a written request for amendment pursuant to
Grantee's existing amendment policy and such amendment otherwise qualifies under
Grantee's policy then in effect respecting conservation easement amendments. The
effect of such amendment shall be at least neutral with respect to or enhances the
Conservation Values, shall be consistent with the Conservation Values of this
Easement, shall comply with I.R.C. Section 170(h) and any regulations promulgated
pursuant to such section, and all applicable federal, state, and local laws shall be
consistent with alterations to the land, then the Baseline Documentation shall be
supplemented appropriately to reflect the modification scope, scale, and intensity. The
supplement shall be acknowledged in writing by Owner and Grantee as memorializing
the condition of the Property as of the date of the amendment or discretionary approval.
Recording. Owner and the Grantee shall execute any amendment approved after
following the procedures in this section, subject to review, as necessary, and shall be
recorded in the official records of Jefferson County, Washington, and any other
jurisdiction in which recording may be required.
Form. Any modification that Grantee determines in its sole discretion to be beneficial
or necessary, shall be in the form of either(i) an amendment, in the case of a permanent
modification of this Easement, including but not by way of limitation, a clerical or
technical correction or modification of a reserved right; or (ii) a discretionary approval,
waiver, or consent in the case of a temporary activity or impact relating to the
maintenance or management of the Property which does not require a permanent
modification of the Easement. All amendments and discretionary actions shall be
subject to this Section. Nothing in this Section, however, shall require Owner or Grantee
to consult or negotiate regarding, or to agree to any amendment or discretionary
approval, consent, or waiver.
13.ASSIGNMENT
1. Assignment. Grantee's interest in this Easement is transferable, but Grantee may
assign its rights and obligations under this Easement only to an organization that is a
qualified holder at the time of transfer under RCW 64.04.130, as amended. As
conditions of such transfer, Grantee shall require that assignee (a) continue to carry
out the Purpose of this Easement, and (b) comply with the terms of any agreement with
a funding source for the acquisition of this Easement, if any. Grantee shall notify Owner
and Jefferson County in writing, at Owner's last known address, in advance of such
assignment. The assignment shall not be valid without such notice; provided, however,
that the failure of Grantee to give such notice shall not impair the validity of this
Easement or limit its enforceability in any way.
2. Rights and Obligations Upon Transfer. Grantee or Owner's rights and obligations
under this Easement terminate upon transfer of the party's interest in the Property or
this Easement, as the case may be, except that liability for acts or omissions occurring
prior to transfer shall survive transfer.
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3. Succession. If at any time it becomes impossible for Grantee to ensure compliance
with the covenants contained herein and Grantee has not named a successor
organization, or Grantee shall cease to exist, then Grantee's rights and duties
hereunder shall become vested and fall upon:
3.1. The Trust for Public Land; or
3.2. Such other entity, with purposes similar to Grantee's, authorized to acquire and
hold conservation easements under RCW 64.04.130 and RCW 84.34.250 (or
any successor provisions then applicable), and a qualified organization under
Section 170(h) of the Internal Revenue Code of 1986, as amended (or any
successor provisions then applicable); provided that if such vesting in any of
the entities named above is deemed to be void under the Rule Against
Perpetuities, the rights and obligations under this Easement shall vest in such
organization as a court having jurisdiction shall direct, pursuant to the applicable
Washington law and the Internal Revenue Code and with due regard to the
Purpose of this Easement.
14. RECORDATION
Grantee shall record this instrument immediately upon execution in the official records
of Jefferson County, Washington, and in any other appropriate jurisdictions, and may
re-record it at any time as may be required to preserve its rights in this Easement.
15.NO MERGER
In the event that Grantee acquires all or a portion of the fee title to the Property, it is
the intent of the Parties that no merger of title shall take place that would merge the
restrictions of this Easement with fee title to the Property and thereby eliminate them,
and that the restrictions on the use of the Property, as embodied in the Easement, shall,
in the event that all or a portion of title become vested in Grantee, become and remain
permanent and perpetual restrictions on the use of the Property. Grantee covenants
to do what is required to prevent merger of title, including, if necessary, assignment of
the Easement to an appropriate third party pursuant to Section 13.1.
16.GENERAL PROVISIONS
1. Effective Date. The Effective Date of this Easement is the date of its recording in the
official records of Jefferson County, Washington ("Effective Date").
2. Governing Law and Venue. The laws of the State of Washington and applicable federal
law shall govern the interpretation and performance of this Easement. By executing
this Easement, Granting Owner acknowledges the jurisdiction of the courts of the State
of Washington in this matter.
3. Liberal Construction. Any general rule of construction to the contrary notwithstanding,
this Easement shall be liberally construed in favor of the grant to effect the Purpose of
this Easement. If any provision in this instrument is found to be ambiguous, an
23
interpretation consistent with the Purpose of this Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
4. Severability.
4.1. Except as provided in Section 16.4.2 below, if any provision of this Easement,
or the application thereof to any person or circumstance, is found to be invalid
or unenforceable by any court of competent jurisdiction or is superseded by
state or Federal legislation, rules, regulations or decision, the remainder of the
provisions of this Easement, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid or
unenforceable, as the case may be, shall not be affected thereby.
4.2. If any material provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid or unenforceable by any court of
competent jurisdiction or is superseded by state or Federal legislation, rules,
regulations or decision, so that the intent of these provisions is frustrated, the
parties agree to immediately negotiate a replacement provision to fulfill the
intent of the superseded provisions consistent with the Purpose of this
Easement and applicable law.
5. Entire Agreement. This instrument sets forth the entire agreement of the Parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged
herein. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment that complies with Section 12.
6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Owners'
title in any respect.
7. "Granting Owner" - "Owner" - "Grantee". The terms "Granting Owner" and "Owner",
wherever used in this instrument, and any pronouns used in the place thereof, mean
and include the above-named Granting Owner and Granting Owner's successors and
assigns, and the term "Grantee", wherever used in this instrument, and any pronouns
used in the place thereof, means and includes the above-named Grantee and its
successors and assigns. The term "Owner" shall also include any party taking
ownership of the Property, or any portion thereof, subsequent to the foreclosure of any
mortgage or deed of trust.
8. Successors. The covenants, terms, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of, the Parties and their respective successors
and assigns, and to any party taking ownership of the Property, or any portion thereof,
subsequent to the foreclosure of any mortgage or deed of trust, and shall continue as
a servitude running in perpetuity with the Property.
9. Captions. The captions in this instrument have been inserted solely for convenience
and ease of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
10. Counterparts. The Parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by both Parties; each counterpart shall be
24
deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
11. Authority. The individuals signing below, if signing on behalf of any entity, represent
and warrant that they have the requisite authority to bind the entity on whose behalf
they are signing.
12. Recitals. The Parties agree that the terms and recitals set forth in Section 1 (among
other terms of this Easement) are material to this Easement, and that each Party has
relied on the material nature of such terms and recitals in entering into this Easement.
Each term and recital set forth in Section 1 is fully incorporated into this Easement.
17.SCHEDULE OF EXHIBITS
Exhibit A. Legal Description of Property
Exhibit B. Site Plan
{Signature Pages Follow}
25
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned Granting Owner has executed this instrument this
day of , 2021
David J. Rugh
Ruth H. Rugh
Jefferson Land Trust does hereby accept the above Grant Deed of Conservation Easement.
Jefferson Land Trust, a Washington nonprofit corporation
By:
Sarah Spaeth
Director of Conservation and Strategic Partnerships
26
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that DAVID J. RUGH and RUTH H.
RUGH are the persons who appeared before me and acknowledged that they signed this
instrument as their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that SARAH SPAETH is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Director of Conservation and Strategic Partnerships of Jefferson Land Trust to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
27
EXHIBIT A
Legal Description of Property
Parcel A:
The South % of the Southeast ' of the Southeast '/4 of Section 32, Township 28 North,
Range 1 West, W.M., except the West 330 feet thereof and except portion conveyed to
Jefferson County by deed recorded under Recording No. 68483, records of said
county; also, the South 220 feet of the East 990 feet of the North 1/2 of the Southeast '/4
of the Southeast '/4 of said Section 32, situate in the County of Jefferson, State of
Washington.
Parcel B:
That portion of the Southwest '/4 of the Southwest '/4 of Section 33, Township 28 North,
Range 1 West, W.M., Jefferson County, Washington, lying Westerly of the West margin
of Quilcene-Dabob Road, more particularly described as follows:
Beginning at the intersection of the West line of the Southwest '/4 of said Section 33 and
the Westerly margin of said Quilcene-Dabob Road;
Running thence North 2° 08' 35" West along the Westerly line of said Section 33, 720
feet, more or less, to the Northeast corner of the South 220 feet of the North 1/2 of the
Southeast '/4 of the Southeast % of Section 32 , Township 28 North, Range 1 West,
W.M.;
Running thence North 88° 49' 42" East 400 feet, more or less, to the Westerly margin
of said Quilcene-Dabob Road; And running thence Southwesterly along the Westerly
margin of said road 830 feet, more or less, to the point of beginning.
Parcel C:
The East 1/2 of the North 10 Acres of the following described property:
The North 920 feet of Government Lot 1 of Section 5, Township 27 North, Range 1
West, W.M., lying West of the Quilcene- Center Road.
All situate in the County of Jefferson, State of Washington.
28
Exhibit B
2020 Conservation Futures Arlandia Project Application
Arlandia 14 November 8, 2021
2020 Jefferson County Conservation Futures Program
Property Acquisition and/or
Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply
to the project. Incomplete applications will not be accepted for consideration.
Unless directed otherwise, use as much space as needed to answer each question.
Contact program staff at 379-4498 or con.wa.us with questions.
Background and Eligibility Information
1.Project Title: Arlandia
2. Conservation Futures Acquisition Request: $60,000
Conservation Futures O&M Request: $0
3. Total Conservation Futures Request: $60,000
4. Please indicate the type of interest contemplated in the acquisition process.
Warranty Deed X Easement _Other(Please describe below.)
In whose name will the property title be held after acquisition?David and Ruth Rugh
5. Applicant Information
Name of Applicant or Organization: Jefferson Land Trust
Contact: Sarah Spaeth
Title:Director of Conservation and Strategic Partnerships
Address: 1033 Lawrence St.Port Townsend,WA 98368
Phone: (360)379-9501,ext. 101
Email: sspaeth@saveland.org
6. Sponsor Information: (if different than applicant)
Organization Name:
Contact:
Title:
Address:
Phone: ( ) - ,ext. Fax: ( )
- ,ext.
Email:
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc) on
March 17,2020.
7. Site Location
Street Address or Description of Location: 4010 Dabob Road,Quilcene,WA 98376
1
Driving Directions from Port Townsend:Drive south on SR 19 to the Chimacum fourway stop.Turn south
(right)onto Center Road and travel for 7.7 miles.Turn left onto Dabob Road and travel 3.7 miles.The
driveway is on the right hand side of Dabob Road(just after Hall's Mountain Road),with a sign
labeled"4010 Rugh".Travel along gravel driveway,passing over Halls Mountain Road to continue
straight to house.
Section: S32, S33,S5
Township:T28N,T27N
Range: R1W
Assessor's Parcel Number(s): 801324003(S32 T28N R1W) 701051021 (S5 T27N R1W)
801333012(S33 T28N R1W)
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF funds or used as match. All three parcels are currently,and will remain in,the ownership of Dave and
Ruthe Rugh with a conservation easement held by Jefferson Land Trust
Please list the assessed values for each property or APN,as applicable.
801324003: $405,782
701051021: $41,800
801333012: $11,824
8. Existing Conditions
New Site: Yes No Number of Parcels: Three
Addition to Existing Site: Yes No _._ Acres to Be Acquired: 27.7
Total Project Acreage(if different): Current Zoning: Rural Residential 1:5
Existing Structures/Facilities: One house,woodsheds and other outbuildings
Any current covenants,easements or restrictions on land use:
An access easement for ingress,egress,and underground utilities for Halls Mountain Road was granted by
the Rughs in 1993.This provides access from Dabob Road.
Current Use:Residential
Waterfront(name of body of water):Eleanor Creek,tributary to Tarboo Creek
Shoreline(linear feet): 912 ft
Owner Tidelands/Shorelands:N/A
9. Current Property Owner X is _is not a willing seller.
Project Description
10.In 1,000 words or less,provide a summary description of the project,the match,overarching goal,and three
top objectives.Include information about the physical characteristics of the site that is proposed for acquisition
with Conservation Futures Program funds including: vegetation,topography, surrounding land use,and
2
relationship to parks,trails,and open space.Describe the use planned for the site,any development plans after
acquisition(including passive development), characteristics of the site which demonstrate that it is well-suited to
the proposed use,and plans for any structures currently on the site. If applicable,describe how the site relates to
the larger project, and whether the project has a plan, schedule and funding dedicated to its completion.Please
also list any important milestones for the project or critical dates,e.g.grant deadlines. List the dates and explain
their importance.Please attach a spreadsheet of the budget.
Jefferson Land Trust is seeking Conservation Futures funding in the amount of$60,000 for purchase of a
conservation easement on the 28-acre Arlandia property.The Arlandia project is located along the slope of
the Tarboo Valley in Quilcene.This project will be a continuation of the protection efforts in the Tarboo-
Dabob Bay area that have been ongoing for nearly two decades with partners including Northwest
Watershed Institute,Jefferson Land Trust,Jefferson County,and Washington Department of Natural
Resources.This landscape-scale project to protect and restore the Tarboo-Dabob Bay watershed has three
main objectives: 1)protect and restore the stream and wetland corridor,from the headwaters of Tarboo
Creek to Dabob Bay,2)conserve uplands for sustainable forestry,3)preserve lands within the Dabob Bay
Natural Area Preserve.The Arlandia project will restrict development,allow for limited forest
management,protect water quality feeding into Tarboo Creek,and maintain wildlife habitat adjacent to
DNR's Dabob Bay Natural Resource Conservation Area.Arlandia property characteristics include a
diverse and mature second-growth forest,a year-round tributary of Tarboo Creek,and a man-made pond,
The forest is home to mature Douglas fir,western redcedar,western hemlock,grand fir,red alder,bigleaf
maple,with a mix of bitter cherry,madrone,and Sitka spruce and many wildlife species.There is one
residence on the property along with several small outbuildings. Current zoning and parcel configuration
appear to allow for an additional three residential rights.
Dave and Ruthe Rugh have been in communication with the Land Trust for over 15 years regarding the
protection of their property.They have long been sure of the conservation values of their property that
they want to protect,but ongoing communication has focused on finding the acquisition tool that works
best for all parties.Now,the Rughs have decided that they are willing to sell a conservation easement on
their property for a substantial bargain sale value.As shown below in the budget table,match funding for
this project will be from the bargain sale of the conservation easement.The goal of the project is to protect
the conservation values of this-28 acre property north of Dabob Bay.The conservation values of the
Property are mature forestland habitat,water quality,scenic quality,and educational and scientific
opportunities.Additionally,the goal of the project is to limit any further development on the Property.The
-28 acre property is zoned rural residential 1:5 acres,meaning that a potential of four more residential
developments is possible without the protection of the conservation easement.
Under the conservation easement,the Rughs plan to maintain the same use of the property which includes
residential living,passive recreation(hiking,birding),and non-revenue forest management.The
conservation easement will be written to allow for forest management to facilitate old growth forest
characteristics.No further development of roads will be permitted.The landowners will retain the one
utilized development right on the property which does not currently have any associated accessory dwelling
units(ADUs)built.This owner or a future landowner will be permitted to exercise any permitted uses for
accessory dwelling units per county code.All current structures besides the home are for firewood storage
or covered picnic shelters and the uses will remain the same.
Objectives:
1) Secure Jefferson County Conservation Futures funding for purchase of a conservation
easement
2) Draft the conservation easement with landowner input
3
3) Obtain appraisals to determine value of CE and bargain sale match for CFF program.
4) Purchase easement in late 2020 or early 2021
11.Estimate costs below,including the estimated or appraised value of the propert(ies)or property right(s)to be
acquired,even if Conservation Futures funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions,please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies)to be Acquired:
Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $30,000
Total Operation and Maintenance Cost: $0
Total Project Cost: $280,000
Basis for Estimates(include information about how the property value(s)was determined,anticipated acquisition-
related costs,general description of operation and maintenance work to be performed,task list with itemized
budget, and anticipated schedule for completion of work):
The easement value for the Arlandia property is estimated to be$250,000.This is based upon knowledge of
easement values in similar geographic areas,development rights purchased,and forest harvest restrictions.
Arlandia Easement related costs Timeline Est. Cost CFF Request Match
Easement acquisition 2021 $250,000 $30,000 $220,000
Land acquisition related costs,i.e. Late 2020 through $25,000 $25,000
appraisal,survey,Baseline document, 2021
Stewardship Plans,closing costs
Project management,admin and legal 2020-2021 $5,000 $5,000
fees
Total $280,000 $60,000 $220,000
Scored Questions
1 a. Sponsor or other organizations X will will not contribute to acquisition of proposed site and/or operation
and maintenance activities.
1 b.If applicable,please describe below how contributions from groups or agencies will reduce the need to use
Conservation Futures program funds.
1 c.Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested $60,000 $0 21 %
Matching Resources $220,000 $0 79%
Total Project Acquisition Cost $280,000 $0 100%
4
*If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 d. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
Bargain Sale $220,000 Yes No Yes No
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that
guarantee additional resources for acquisition. Donation of property or a property right will be considered as
a matching resource. Donation of resources for on-going maintenance or stewardship ("in-kind"
contributions)are not eligible as a match.
2 a. Sponsoring agency X is is not prepared to provide long-term stewardship(easement monitoring,
maintenance,up-keep,etc.)for the proposed project site.
2 b.Describe any existing programs or future plans for stewardship of the property,including the nature and
extent of the commitment of resources to carry out the stewardship plan.
Jefferson Land Trust will conduct stewardship and monitoring of the conservation easement terms,
including at least annual monitoring of the property by professional staff and trained volunteers,extensive
data collection and management,help with stewardship,enhancement and restoration goals,and legal
defense of the conservation easement should it become necessary.Jefferson Land Trust has a legal defense
fund of over$700,000,and continues to build this fund with each new easement acquisition,recognizing the
legal obligation and responsibility of protecting the conservation values in perpetuity.In addition,Jefferson
Land Trust carries legal defense insurance for conservation easements through a program called
TerraFirma,developed through the national Land Trust Alliance(the national umbrella organization for
land trusts).This program covers up to$500,000 in legal enforcement costs per conservation easement that
Jefferson Land Trust holds and stewards
3 a.Describe the sponsoring agency's previous or on-going stewardship experience.
Over the 30 years since it was formed,Jefferson Land Trust has managed many acquisition projects and
has been responsible for conducting or coordinating restoration activities with several project partner
organizations,including Jefferson County,NOSC,JCCD,HSCEG and others. We hold 62 conservation
easements on 4051 acres and have helped with the preservation and stewardship of another 12,302 acres in
Jefferson County.The Land Trust also holds title to over 697 acres of preserves,including the 135-acre
Bulis Forest Preserve,portions of the Quimper Wildlife Corridor,and salmon habitat on Chimacum,
Salmon,Snow and Donovan Creeks,the Big Quilcene and Duckabush Rivers. Stewardship activities are
carried out by professional staff with the assistance of volunteer Preserve Stewards.The Hoh River Trust
and Washington State Parks contract with Jefferson:Land Trust to monitor and steward nearly 7400 acres
of land under their control.In addition,Jefferson Land Trust stewards land owned by Jefferson County,
the City of Port Townsend and the Department of Natural Resources.Jefferson Land Trust stewardship
and monitoring protocols were developed with the guidance of the Land Trust Alliance and adherence to
those protocols is one of the requirements for our national accreditation. Collaboration is at the heart of
our approach to conservation.We engage with partners in the"Chumsortium"to bring back vibrant
salmon runs on Hood Canal,and in the Jefferson LandWorks Collaborative to support big-picture
thinking around the ongoing economic viability of local farms and working forests. We partner with
regional government,local and national agencies,Tribes,peer organizations,and individual citizens to
safeguard the places we love and that are crucial to the health of our community,now and into the future.
3 b.Has the sponsor and/or applicant of this project been involved in other projects previously approved for
Conservation Futures funding?
5
No,neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures funds.Please provide details:
As the only local land preservation organization,Jefferson Land Trust has sponsored many applications on
behalf of private landowners interested in preserving their property through sale of a conservation
easement,or as an applicant and sponsor for fee interest purchase of properties from willing sellers.
These projects include:
Sunfield Farm,2003; Quimper Wildlife Corridor,2004; East Tarboo Creek Conservation Project,2005;
Tamanowas Rock Phase 1,2006;the Winona Buffer Project,2006; Glendale Farm,2007; Finnriver Farm,
2008;Quimper Wildlife Corridor,2009; Brown Dairy,2009; Salmon Creek Ruck 2010; Quimper Wildlife
Corridor 2010; Tamanowas Rock 2010; Chimacum Creek Carleson 2011;Winona Basin-Bloedel 2011; L.
Brown 2012;Boulton Farm 2012; Quimper Wildlife Corridor and Short Family Farm 2013; Quimper
Wildlife Corridor and Snow Creek Irvin and Jenks,2014;Midori Farm,2015; QWC 2016 Addition,
Tarboo Creek,Farm and Forest 2016; Serendipity Farm,Snow Creek Taylor and Tarboo Iglitzin 2017;
Chimacum Forest,Marrowstone Mize,Ruby Ranch and Snow Creek Mid-Reach Forest 2018; Quilcene
Headwaters to Bay and Tarboo Forest Addition 2019.
4 a.Property X can_cannot feasibly be acquired in a timely fashion with available resources.
4 b.Necessary commitments and agreements X are_are not in place.
4 c.All parties X are are not in agreement on the cost of acquisition.
If"not"to any of the above,please explain below.
5.The proposed acquisition X is specifically identified in an adopted open space,conservation,or resource
preservation program or plan,or community conservation effort. Please describe below, including the site's
importance to the plan. Please reference the website of the plan if available or include the plan with this
application.
X complements an adopted open space or conservation plan,but is not specifically identified. Please describe
below, and describe how the proposed acquisition is consistent with the plan.
is a stand-alone project.
Jefferson Land Trust completed a 100-Year Conservation Plan with the input of community members in
2010.This project falls within the Tarboo Dabob Bay Watershed project,a specially identified area
recognized for the high conservation values.
The Arlandia property is nearby the Washington DNR's designated Dabob Bay Natural Area.The Dabob
Bay Natural Area was created to protect one of Washington's highest functioning coastal spit and tidal
wetland systems.Arlandia and other properties within the Tarboo watershed have the opportunity to
provide additional protection to these areas by protecting the water quality of tributaries feeding into
Dabob Bay.
6. Conservation Opportunity or Threat:
6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
6 b. If applicable,please carefully describe the nature and immediacy of the opportunity or threat,and any unique
qualities about the site.
6
The Rugh's are finally in a position to donate a considerable amount of value through the bargain sale of a
conservation easement. One of the landowners is in very poor health,and preservation of the property at
this time would provide peace of mind that the conservation values will be permanently protected.
This site qualities are somewhat unique because of the thorough management the current landowner has
been conducting for the last 40 years.Selective thinning and enhancement of forest structural diversity
have this property closer to old growth forest characteristics than most second-growth forests.A
conservation easement will ensure that no other kind of management or development will be able to occur
on this property.
7. Summarize the project's conservation values and how the CF funds requested support these values.
The proposed conservation easement terms will protect forest habitat,riparian buffer,scenic qualities,and
educational and scientific opportunities by eliminating further development potential and restricting forest
management. The protection of this mature forest habitat will provide biological diversity,carbon
sequestration,reduced runoff and protection of water quality leading into Tarboo Creek and Dabob Bay,
groundwater recharge,and extend the wildlife corridor in the Tarboo-Dabob Bay watershed.
8. The proposed acquisition:
8 a. provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened,
Endangered or Sensitive species.
8 b. X provides habitat for a variety of native flora or fauna species.
8 c.X contributes to an existing or future wildlife corridor or migration route.
If affirmative in any of the above,please describe and list the Priority Habitat(s)and Threatened,Endangered, or
Sensitive species below, and cite or provide documentation of species'use.l
The property is adjacent or near the existing Northwest Watershed Institute's Tarboo Wildlife Preserve
(415 acres permanently protected by a Land Trust conservation easement)and Washington DNR's Dabob
Bay Natural Resource Conservation Area.These conserved areas are critical to the health of Tarboo
Creek,which leads into Dabob Bay.Dabob Bay is host to Hood Canal summer chum,Puget Sound chinook
salmon,coho, surf smelt,Pacific sand lance,Pacific herring,Pacific geoduck,hardshell clam,commercial
oyster production,Dungeness crab,and includes several Priority Habitats.WDFW's Priority Habitat and
Species mapping indicates that marbled murrelets and spotted owls occur in the area of the Rugh property,
but exact locations are classified information.Over 25 mammal,5 amphibian,and 85 bird species have
been identified on the property since 2014.
8 d.Does the current owner participate in conservation programs that enhance wildlife habitat?If so,please
provide details.
The landowners do not participate in any formal conservation programs, however they have been active
managers of the Arlandia forests for 40 years. The management has consisted of selective thinning to
balance out an overstocked forest, to facilitate species and structural diversity,to encourage large and old
trees to prosper, and to protect the Eleanor Creek riparian corridor.
9. Describe to what degree the project protects habitat for anadromous fish species(for example: marine
shorelines, stream/river corridors including meander zones, and riparian buffers). Please provide documentation
and maps that demonstrate the location. quality and extent of the existing buffer and adjoining habitat.
' See,for example,h //www.der.wa. ov/researchscience/topics/naturalheritae/tiages/aml? nh.aso_
http://www.wdfw.waov/conservation/phs/list/
http://wwwl.dnr.wa ov/nhta/refdesk/plants.html
http://wwwl.dnr.wa.gov/nhp/refdesk/pubs/wa ecological systems.pdf
7
Running through the property is Eleanor Creek,a tributary to Tarboo Creek.Eleanor Creek has steep
riparian slopes,meaning that protection of the forested slopes(reducing harvest potential)will ensure
healthy rates of erosion and water retention into the creeks.Between Arlandia and Tarboo Creek is about
0.2 river miles and at least two culverts.To maintain healthy stream flows and minimal siltation for the
anadromous fish species that utilize Tarboo Creek and Dabob Bay,protection of the tributaries is essential.
10 a.Describe the extent and nature of current and planned agricultural use of the proposed acquisition, including
any anticipated changes to that use once the property,or property right, is acquired with Conservation Futures
funds.
The property will not be used for agricultural purposes.
10 b.Describe the current owner's record of implementing management practices that preserves and/or enhances
soil,water quality,watershed function and wildlife habitat on the farm.
N/A—not a farm.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil,water quality,
watershed function and wildlife habitat.
N/A—not a farm; see 11c below.
11 a.Describe the extent and nature of current and planned silvicultural use of the proposed acquisition.Please
cite or provide documentation of existing or planned silvicultural activities including forest management plan(s)
or forest ecosystem restoration.
As stated in question 8d,the current landowner has been an active manager for the health of the forest for
40 years.His practices of selective thinning,retaining coarse and large woody debris on the forest floor,
and reducing harvest on the steep slopes have protected the water quality of Eleanor Creek(tributary to
Tarboo Creek).The conservation easement will allow ongoing forest management in order to facilitate
forest ecosystem restoration and old growth forest characteristics.
11 b.Describe the current owner's record of implementing management practices that preserves and/or enhances
soil,water quality,watershed function and wildlife habitat.
Encouraging structural diversity in the forests,as the Rughs have been doing for decades,retains and
builds soil,protects water quality by preventing unnatural erosion and high water events.All of which
leads to the protection of the watershed functioning as a whole for the wildlife and humans that use it both
down and upstream.
11 c.Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil,water
quality,watershed function and wildlife habitat.
With the proposed terms of the conservation easement,the Arlandia property will be able to be managed in
the similar function as described in 11b,in perpetuity.The easement terms will restrict conversion of the
forest.Current management protects soil and water quality.
12 a.Describe how the proposed acquisition benefits primarily a_local area X broad county area including the
area served,the nature of the benefit,the jurisdictions involved,and the populations served.
The Arlandia property is a piece in a much larger puzzle of protection in WRIA 17.The Tarboo Creek
watershed has been a focus of protection and restoration for nearly two decades,and feeds directly into the
state protected Dabob Bay Natural Area,including the Tarboo-Dabob Bay estuary.
12 b. Is the project located in an area that is under-represented by CF funded Projects?Areas that Conservation
Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula,Dosewallips
Valley, Bolton Peninsula, and the West End.
No.
8
13. Describe the educational or interpretive opportunities that exist for providing public access,educational or
interpretive displays(signage,kiosks,etc.)on the proposed site,including any plans to provide those
improvements and any plans for public accessibility.'
While this private residential property is not open for general public access,the current landowners have
provided access and tours on their property to over 400 visitors in the 40 years they have owned it.Dave
Rugh,is a passionate natural history educator,and enjoys bringing visitors onto the land.Dave looks
forward to continuing to offer Arlandia as a place for tours and visits,within a forest that tells a great story
of how active,gradual,and ongoing forest management benefits the health of a forest.The conservation
easement with Jefferson Land Trust will protect the educational and scientific values of the property
forever.
14.The proposed acquisition_includes historic or culturally significant resources3 and
is registered with the National Register of Historic Places,or an equivalent program.
_is recognized locally has having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
NA
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical or
cultural resources.
Verification
15. Sponsors of applications that are approved for funding by the Board of County Commissioners are required to
submit a brief progress report by October 30 every year for three years after the award is approved,or three years
after the acquisition funds are disbursed to the applicant,whichever is later.The progress report must address any
changes in the project focus or purpose,progress in obtaining matching funding, and stewardship and
maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are
expended. The Committee will use the information to develop a project"report card"that will be submitted
annually to the Board of County Commissioners.
If this application is approved for funding,I understand the sponsor is required to submit progress reports for
three years and for any year in which O&M funds are expended. '` Initials S42r 12-O2cJDate
16.If,three years after the date funding is approved by the Board of County Commissioners,the applicants have
not obtained the required matching funds,the Committee may request the Board of County Commissioners to
nullify their approval of funds,and may require the project to re-apply.If this application is approved for funding,
I understand that we may be required to re-submit the application if the project sponsor does not obtain the
necessary matching funding within three years. S S Initials 0. Date
2 The words"education"and"interpretation"are interpreted broadly by the CF Committee.
3 Cultural resources means archeological and historic sites and artifacts,and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW
9
ARLANDIA PROJECT
CONSERVATION FUTURES FUNDS ILLUSTRATIONS - 2020
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Landowner Acknowledgement
Form
Landowner Information
Name of Landowner: David and Ruthe Rugh
Landowner Contact Information:
First Name: David Last Name: Rugh
Contact Mailing Address: 4010 Dabob Rd., Quilcene 98376
Contact E-Mail Address: dave.rugh48@gmail.com
Property Address or Location: 4010 Dabob Rd, Quilcene 98376
1. Dave and Ruthe Rugh are the legal owners of property described in this grant application.
2. We are aware that the project is being proposed on our property.
3. If the grant is successfully awarded, we will be contacted and asked to engage in negotiations.
4. Our signature does not represent authorization of project implementation.
5. If we are affiliated with the project sponsor, we will recuse myself from decisions made by the project
sponsor to work on or purchase our property.
t( 6 nit 3/25/2020
Landowner Signature Date
3/25/2020
Landowner Signature Date
Project Sponsor Information
Project Name: Arlandia
Project Applicant Contact Information: Jefferson Land Trust
Name: Sarah Spaeth, Director, Conservation & Strategic Partnerships
Mailing Address: 1033 Lawrence Street, Port Townsend, WA 98368
E-Mail Address: sspaeth@saveland.org
Exhibit C
2020 Conservation Futures Program Manual
Arlandia 15 November 8, 2021
RtiU� �
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Jefferson County Conservation Futures Program Manual
2020 Funding Cycle
Jefferson County Conservation Futures Program Manual
2020 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of
public open spaces,those open spaces being necessary for the health,welfare,benefit and
safety of the residents of Jefferson County and the maintenance of Jefferson County as a
desirable place to live,visit and locate businesses.
Conservation Futures Citizen's Oversight Committee Membership(as of September 4,2019)
Phil Andrus,Citizen,District#2
Mary Biskup,Citizen,District#1
Scott Brinton,Interest—Agriculture
Lige Christian, Citizen,District#3
JD Gallant,Citizen,District#3
Joanne Pontrello,Citizen,District#2
Rob Harbour, Interest—Working Lands
Ray Hunter,Interest—Fallow Farms
Richard Jahnke,Interest—Coastal Areas
Craig Schrader,Interest—Climate Change
Lorna Smith,Interest—Ecotourism
Dave Seabrook,Interest—Food Security
David Wilkinson,Citizen,District#1
Table of Contents
Overview 3
Conservation Futures Citizen Oversight Committee(CF Committee) ..4
Project Selection 4
Information Sources .4
Reimbursement .5
Compliance with All Laws 5
Record Retention 6
Acquisition Projects ...6
Operation and Maintenance(O&M)Projects 9
Required Meeting and Site Visit 11
Grant Notification and Agreement .11
Annual Reports .11
Project Changes .11
Program Suggestions ...12
Forms and Templates APPENDIX A
Project Agreement Template
Annual Report Form Template
Please note: The 2020 CF Application and Scoresheet are available separately from
program staff.
Map of Approved Projects APPENDIX B
Definitions APPENDIX C
2020 CF Program Manual FINAL 2
http://www.cojefferson.wa.us/560/Conservation-Futures-Program jefferson.wa.us/560/Conservation-Futures-Program
Overview
Jefferson County welcomes your application to the Conservation Futures Program (CF
Program).Please do not hesitate to contact Jefferson County Environmental Health
Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or
tpokorny@co.jefferson.wa.us. The Conservation Futures Program website address is
http://www.co.j efferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,now
codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of
Washington(RCW)Chapter 84.34.The ordinance establishes goals for the county's
Conservation Futures Program and an allocation process for the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands, including green spaces,
greenbelts,fish and wildlife habitat,trail rights-of-ways,agricultural land and timber land(as
those terms are defined in Ch. 84.34 RCW). Projects may include fee-simple or any lesser
interest or development right with respect to real property as well as operation and
maintenance(0&M)activities. 0&M projects must be linked to CF-funded acquisitions.
A minimum 50%match is required for all project types. Match must be cash, land trades,
the value of land to be traded, or other open spaces linked to the property under
application. Open space,wildlife habitat,agricultural and timber lands are all eligible.
The project sponsor must sign a grant agreement with the county(see Appendix A).
County code(JCC 03.08.030(10))requires that properties or easements be held by public
entities or others as defined in RCW 84.34.210. Government entities may choose to share
title of a property with a non-profit nature conservancy corporation or association. Public
open spaces must be available on the same conditions to all residents of the county for the
benefit of all Jefferson County residents and visitors. Applicants for projects may include
the county,municipalities,park districts, state or federal agencies,private non-profit
corporations or associations,and private individuals.
Project applicants must be represented by a local sponsoring organization based in Jefferson
County.Potential sponsors include local governments, special purpose districts and non-
profit corporations.A list of potential sponsors is available by contacting program staff. A
project sponsor is responsible for the content and submission of the application,organizing
and hosting a site visit,making a formal project presentation to the CF Committee,the
stewardship plan and its implementation, and all contracting,reporting, and reimbursement
obligations with Jefferson County.
Available funding is announced early in the calendar year and applications are
provided by Jefferson County Environmental Public Health. Conservation
Futures Fund monies can be the collateral,revenue stream or security for long-
term financing(typically bonds)in a manner consistent with law.Public
workshop(s)may be held prior to the start of the funding round. Staff is always
available to answer questions from sponsors, applicants,and interested parties.
This year,applications will be due Friday, March 27th,2020 and sponsors host site visits and
present projects to the CF Committee later in March and in April.Information about the
application period is posted on the program website,announced in local newspapers and via
email,and available by contacting program staff. In April or May,the CF Committee meets
to rank projects, determine recommended fundinglevels, and compose its overall
p
2020 CF Program Manual FINAL 3
http://vvvvw.cojefferson.wa.us/560/Conservation-Futures-Program
recommendations to the Board of County Commissioners(BoCC).The BoCC typically
makes award determinations in July.Funding for reimbursement is generally not available
until August or later.At least every other year,the BoCC reviews the priorities of the
Conservation Futures Program and the project ranking process. All meetings of the
Conservation Futures Committee are open to the public. Citizens are encouraged to attend.
Conservation Futures Citizen Oversight Committee(CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests and
expertise.It includes at least two individuals from each commissioner district and at least
nine citizens total.Anyone interested in applying for a seat on the committee is encouraged to
contact the Board of County Commissioners Office(jeffbocc@co jefferson.wa.us)and/or
program staff.
Project Selection
The CF Committee evaluates and ranks project applications according to criteria designed to
reflect the priorities expressed in the Jefferson County Code Section 03.08.040.This
evaluation process has five(5)distinct phases as follows:
1. Written project application: Each CF Committee member(CFCM)independently reads
and assesses each application and prepares any necessary clarification questions.
2. Site visits: Each CFCM must attend the project site visits(or view a video of the site
visit),where the applicant and/or the project sponsor will present the layout of the project
with reference to the written application and site maps.Additional questions posed by
committee members will be answered during this site visit.
3. Oral presentation of the project: Each CFCM must attend this meeting in which the
project sponsor presents the project and answers questions posed by the committee
members. Following h t e oral presentations, a deadline will be established for CFCMs to
submit additional questions to applicants(via county staff).After this set deadline for
additional questions,a second deadline will be established for the receipt of all answers
from applicants.After this second deadline no further additional information may be
requested, received or considered by the committee.
4. Submission of project ranking form: Each CFCM submits to county staff member a form,
which consists of questions that ask how well, in the committee member's judgement,an
applicant meets the criteria for approval and funding. The committee member assigns a
numerical"score"(within a range predetermined by the CF Committee)for each of the
questions. These question"scores"are totaled for an overall evaluation"score".A
committee composite"score", for each project application is obtained by taking the
average of the"scores". If a project application's composite"score"is 70%of the total
possible numerical value for a project"score"the project is considered worthy of funding
(i.e.eligible for).Projects"scoring"below 70%of the total possible numerical value for
a project"score"are not considered for funding unless compelling reasons for funding
arise in the final evaluation phase.
5. Ranking and recommendation for funding of project applications: Each project
application judged eligible in phase#4 is discussed,bringing into focus information
garnered from phases 1 through 4. All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project
applications and submitted to the Board of County Commissioners. The Committee will
provide justification to the Commissioners for any and all changes from the numerical
ranked order.
2020 CF Program Manual FINAL 4
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
Information Sources
The Conservation Futures Program is administered by the Commissioners'Office with
assistance from the Environmental Public Health Department.Please note that the
information contained in this manual does not supersede the statutes governing the Jefferson
County Conservation Futures Fund and Program, and should be read in conjunction with
them.
Relevant sections of law are found in Revised Code of Washington,Chapter 84.34(RCW
84.34)and the Jefferson County Code(JCC 03.08).
To access RCW 84.34 online,visit www.leg.wa.gov/Help/helpwithsearch.htm and click on
"Laws and Agency Rules."The Jefferson County Code is available online at
http://www.codepublishing.com/WA/JeffersonCounty.
Contact program staff at ph: 360/379-4498, fax: 360/379-4487 or send an email to
tpokorny@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy.Except in
the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved
settlement statement,and a preliminary title report,CF funds may be made available to the
title company shortly before closing for the direct costs of property acquisition and closing.
Please discuss dates for closings and loan periods with program staff to help ensure that grant
funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than the
amount of conservation futures funds awarded to the project before conservation futures tax
funds are reimbursed to that sponsor.This contribution may consist of:
• cash
• land trades if the valuation of the land to be traded is established by a valuation
arising from an appraisal generated by a Washington State Certified Licensed
Appraiser(Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation
futures contributions; or
• other open spaces acquired within the previous two years that is situated either
directly adjacent to or could, in the sole discretion of the county,be directly linked
to the property under application.
• cost of appraisal,title insurance,closing costs,and other miscellaneous fees(See
JCC 3.08.030(5))
The funding request,reimbursement form and back up documentation may be submitted any
time during the project period.It is important to implement projects in as timely a manner as
possible and also to bill in a timely manner. Deeds and conservation easement documents
must be recorded by the Jefferson County Auditor's Office within 30 days of closing.
If matchingfunds are not secured within three years,theproject maybe required to re-apply.
q
2020 CF Program Manual FINAL 5
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
Jefferson County must pre-approve easement language and will add restrictive language to
statutory warrantee deeds,or require the use of other legal instruments,to ensure
conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program policies,
County policies and all applicable federal, state and local laws,orders,regulations and
permits.
Record Retention/Public Records Act
The project sponsor shall retain all books,records,documents,data and other materials
relevant to the agreement for a minimum of ten(10)years after the completion of the project.
Documents related to the expenditure of CF funds,by way of example only,purchase and
sale contracts, settlement documents, invoices,e-mails, expert reports and/or appraisals,are
Public Records subject to disclosure in accordance with the Public Records Act,Ch. 42.56
RCW, if requested by a citizen or entity.All meetings and activities of the CF Committee are
subject to the Open Public Meetings Act,Ch. 42.30 RCW. The public is always invited and
encouraged to attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria
in order to be considered for funding. Each application will receive an initial screening to
make sure that it is in compliance.Applicants are encouraged to submit pertinent materials
and documents,as appropriate, in addition to those items required. Multi-year acquisition
projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property,or property right,must be eligible for purchase as defined by state
law,RCW 84. 34.210(i.e. "...protect,preserve,maintain, improve,restore, limit
the future use of, or otherwise conserve, selected open space land, farm and
agricultural land, and timber land...").
Conservation Futures funds cannot be used to acquire property,or a property
right,that will be used for active recreation purposes(including but not limited to
sports fields,playgrounds,recreation centers, swimming beaches or pools,
motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.
For the purposes of this application,passive improvements include,but are not
limited to,trails, interpretive centers,viewpoints,picnic areas,access,restrooms,
landscaping and parking.
2020 CF Program Manual FINAL 6
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts, State or federal
agencies,private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include county,
municipalities,park districts,or private non-profit corporations based in Jefferson
County.A current, but not necessarily comprehensive, list of eligible local sponsors may
be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property, including interests in real property
_Cost of related relocation of eligible occupants(includes administration)
_Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%of the total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
Baseline documentation
_Boundary survey
_Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
Eligible Operations&Maintenance Expenditures—Please note: Total 0&M awards are limited to
15%of the conservation futures funding available in any year—contact staff for details.
Operations&Maintenance expenditures or match may include,but are not limited to:
_Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Demolition
_Fencing(if needed for public safety or resource protection)
_Noxious weed control
_Signage
_Special site-specific reports(e.g.stewardship reports)
Wetland identification and/or delineation
2020 CF Program Manual FINAL 7
http://www.cojefferson.wa.us/560/Conservation-Futures-Program jefferson.wa.us/560/Conservation-Futures-Program
Stewardship Plan
Prior to reimbursement, sponsors must provide a stewardship plan that describes how the
property,or property right,will be maintained over time. Costs for stewardship plans are
eligible for operations and maintenance reimbursement only under"Special Reports"(not
as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide
updates as they are generated.A title report and title insurance are to be issued in
conjunction with the property transaction.
Appraisals
Successful applicants must provide an independent appraisal(standard,narrative or
M.A.I.)from a Washington State Certified Licensed Appraiser if the estimate of value
exceeds the assessed value at the time that reimbursement is requested.In no case shall
conservation futures funds dispersed exceed the grant amount awarded by the BoCC.No
appraisal is required for properties assessed at$20,000 or less.
The appraisal must:
be no more than 1 year old.A Supplemental Update by the original appraiser
may be required,at the discretion of the county, if the appraisal is more than
six months old.
include a current Title Report provided at the time of the most current
appraisal or update.
if timber,mineral or aquatic resources are to be included as value to the
appraisal,then the appraisal shall include a separate timber,mineral or
aquatic resources evaluation of value,
or
an opinion of value from a qualified representative of the real estate industry
or recent valuation from the Jefferson County Assessor's Office may be used
when the total assessed value does not exceed$20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program.However,the CF
Committee and/or the county may choose to select an appraisal for independent review
for any reason.
Project Implementation
At the time of purchase or the signing of a"purchase and sale agreement",the appraisal
must be no more than a year old unless an extended period is requested and approved by
the county,up to a total of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted electronically as a PDF to tpokorny@co.jefferson.wa.us
except as noted below and specified in the application:
2020 CF Program Manual FINAL 8
http://www.co.jefferson.wa.us/560/Conservation-Futures-Program
Proof of Willing Seller: A"Willing Seller"letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A county assessment,certified appraisal of value,and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries,clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a quarter-section map or other map of sufficiently
large scale, identify the boundaries of the proposed project.
Color Images: Provide six(6)different views of the property proposed for
acquisition.The images should show vegetation,terrain,waterfront,man-
made features,access roads,wetlands,unique characteristics,etc.Please
include captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition,if the application sponsor is a private non-profit organization,
attachments must also include:
_Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements(audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is submitted
from the same sponsor,the minutes or resolution should indicate the project
priority and how it was determined.
Operation and Maintenance Funding
Availability of Funds for 0&M
Only projects that are acquired using conservation futures funds are eligible for 0&M
funding. Requests for 0&M funding should not exceed the available limit(consult with
program staff). Approved disbursements for operation and maintenance of interests in
real property purchased with conservation futures tax levy monies shall not in any
particular year be greater than fifteen percent(15%)of the conservation futures tax levy
monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property acquired with
Conservation Futures funds. Conservation futures tax levy funds appropriated for 0&M
or interests in real property shall not supplant or replace any existing funding for
maintenance and operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts, State or federal
agencies,private non-profit corporations or associations,and private individuals.
2020 CF Program Manual FINAL 9
http://www.cojefferson.wa.us/560/Conservation-Futures-Program
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities, Park Districts,or private non-profit corporations based in Jefferson
County.
Application and Attachment Requirements for 0&MProjects
All requested materials must accompany the application upon submission.If an item is
irrelevant to the project at hand, please explain why this is so.
Proof of Willing Seller: A"Willing Seller"letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A County assessment, certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries,clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a Quarter-section map or other map of
sufficiently large scale, identify the boundaries of the proposed project.
Color Images: Provide six(6)images of the property proposed for
acquisition.The images should show flora,terrain,waterfront,man-made
features,access roads,wetlands,unique characteristics, etc. Please include
captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition,if the application sponsor is a private non-profit organization,
attachments must also include:
_Proof of 501(c)(3)Status
_Current Budget
_Board Roster
_ Organization Chart or Staff Roster
_Most Recent Financial Statements(audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor,the minutes or resolution should
indicate the project priority and how it was determined.
Budget and Timeline
Attached to the first Annual Reporting Form must be a budget and timeline for
expenditure of O&M funding for the succeeding ten(10)years measured from the date of
approval by the BoCC.
Documentation of Match
A match of 50%must be documented with each invoice. Match guidelines are identical
for acquisition and 0&M proposals. In-kind labor cannot be used as match.
2020 CF Program Manual FINAL 10
http://www.co.j efferson.wa.us/560/Conservation-Futures-Program
Reporting
Any project sponsor receiving 0&M funds is required to submit a report each December
until those funds are expended.An expenditure summary that provides the following
information must accompany billing:
1)Date the payment was made.
2)The vendor and/or employee to whom the payment was made.
3)A description of what was purchased or what work and/or services were performed;
provide a description of what service or work was performed for the payroll costs
or by the sub-contractor.
Application and Attachment Requirements for O&M Projects
To apply for 0&M funding for a project previously purchased using CF Funds, use the
standard application form. In question#1,refer to the original project title and year that
the project was approved followed by"0&M Request Only". If you feel that a question
is irrelevant to the project at hand,please explain why.
Required Meeting and Site Visit
Project sponsors are required to host a visit to the project site and make a formal presentation
to the CF Committee.The presentation should begin with an introductory project description
and be organized according to the sequence of questions listed on the Rating Sheet. Site visits
are videotaped by county staff.
Grant Notification and Agreement
Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes
their decision, usually in July. Sponsors will then be asked to sign a project agreement
(Appendix A)with Jefferson County.An informational template is provided with this
manual.
Annual Reports
Sponsors are required to submit an annual report by December 31st every year from the date of award
until three years after the CF funds are disbursed. Sponsors receiving O&M funds will also submit an
annual report for each year that O&M funds are expended. An annual report template is included with
this manual and will be provided to the project sponsor electronically. The progress report must address
changes in the project focus or purpose, progress in obtaining matching funding, and stewardship and
maintenance,as applicable.
Program Changes
Project sponsors are expected to implement funded projects as described in their application
to the CFF. However,occasional changes may be necessary to a given project's success. This
section describes the process by which a project sponsor can initiate a request for change.A
change occurs whenever the language contained in the application to the Conservation
Futures Fund no longer accurately or fully describes the project.
The Committee prefers that project change requests be presented as follows:
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1. Send a"letter",addressed to the CF Committee,to the program staff's email that
describes the desired change and its rationale in as much detail as possible. Also,
characterize the level of urgency for addressing the possible change. If at all
possible,provide this information at least two weeks ahead of the next scheduled
full committee meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change in a Microsoft Word version of the original
conservation futures application, and the County/Sponsor resolution or agreement
(as applicable),using Track Changes.Label new attachments with the current date.
Attach the document(s)to the email described above.
3. When the change request is included on a draft agenda,the sponsor should make
every effort to attend that meeting in person or by phone.
4. If the need for change is urgent,the Chair may call a special,ad hoc,meeting.
5. The following requests are considered particularly significant:
a. Parcel substitution
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
The CF Committee shall:
1. Review the request for change and ask questions of the project sponsor, as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote,consistent with the bylaws, on a motion to accomplish one or
more of the following:
a. Draft a statement to recommend the change for approval by the BoCC in
its current form
b. Ask the project sponsor to revise and resubmit the change request for a
future meeting
c. If the need for change is urgent,the Chair may call a special,ad hoc,
meeting
d. Reject the change and submit a statement to the BoCC to accompany the
request
Staff shall:
1. Work with the project sponsor and Committee chair to refine or clarify the
change request ahead of its presentation at the next Committee meeting,as
needed.
2. Forward the change request and Committee recommendations to the BoCC for
final determination at a regularly scheduled meeting.
3. Work with the Committee,and subcommittee(s)as applicable,to learn from
the change and determine if related updates to program materials are needed.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the
Conservation Futures Committee by letter or email via staff at the contact information on
page 3. Every CF Committee meeting also includes two public comment periods. Meeting
times are provided in newspapers and on the program website.
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APPENDIX A
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(template only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2020
A. Parties to the Agreement
This Project Grant Agreement(Agreement)is entered into between County of Jefferson
(County),PO Box 1220,Port Townsend, Washington 98368 and
(Sponsor),xxxxx,xxxxx,WA 983xx,and shall be binding upon the
agents and all persons acting by or through the parties.
B. Purpose of the Agreement
This Agreement sets out the terms and conditions by which a grant is made through the
Jefferson County Conservation Futures Fund.The grant is administered by Jefferson County
Environmental Health for the Sponsor for the project named above.
C. Description of Project
The subject project is described in the attached 2020 Conservation Project Application for the
xxx. Conservation Futures Fund("CFF")from Jefferson County in an amount not to exceed
$xxx will be used towards fee simple acquisition,by xxx,of the real property known in the
records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses,and$xxx
to reimburse for operations and maintenance expenses. The matching amount is provided by
xxx. Description of conservation easement or language in SWD (as applicable).
D. Term of Agreement
The Project Sponsor's on-going obligation for the above project funded by this Agreement is
to provide maintenance of the site or facility to serve the purpose for which it was intended in
perpetuity unless otherwise identified in this Agreement.
E. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on xxxx xx, 2019. The
Project reimbursement period for acquisition expenses will end on xxx xx, 2022 unless proof
of match is provided prior to this date.No expenditure made before xxx xx, 2019 is eligible
for reimbursement unless incorporated by written amendment into this Agreement.
F. Project Funding
The total grant award provided by the Conservation Futures Fund(CFF)for the Project shall
not exceed $xxxxx and Jefferson County CFF shall not pay any amount beyond that approved
herein for funding of the Project.The Sponsor shall be responsible for all total costs for the
Project that exceed$xxx,xxx.In no event will the CFF funds expended for this purchase
exceed xxx percent(xx%)of the overall acquisition cost of APN xxx-xxx-xxx. This Project is
eligible for reimbursement of capital project and operations and maintenance expenditures as
described in the Jefferson County Conservation Futures Program Manual for the 2019
Funding Cycle.
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The contribution by the Sponsor toward work on the Project at a minimum shall be as
indicated below.The contribution by the County toward work on the Project is described
immediately above and in"C"above.
Acquisition 0 & M Totals
Conservation Futures— $ $
Project Sponsor
Contribution $ /0
Totals $ $ $ 100%
G. Unexpended Project Allocations
Should unexpected Project allocations, including,but not limited to project completion at less
than the estimated cost or,alternatively,the abandonment of the Project occur,then the
Sponsor shall notify the County.
H. Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and
its attachments, including the Sponsor's Application and Jefferson County Conservation
Futures Program Manual for the 2019 Funding Cycle,all of which are attached hereto and
incorporated herein.
Except as provided herein,no alteration of any of the terms or conditions of this Agreement
will be effective unless provided in writing.All such alterations,except those concerning the
period of performance,must be signed by both parties.Period of performance extensions
need only be signed by Jefferson Board of County Commissioners.
I. Indemnification
J. Contractor shall indemnify and hold harmless the County, its officers, and
employees, from and against all claims, losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to
persons, including injuries, sickness,disease or death to Contractor's own
employees, or damage to property occasioned by a negligent act,omission or
failure of the Contractor. Contractor shall be liable only to the extent of
Contractor's proportional negligence. The Contractor specifically assumes
potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work
or service required of the Contractor under this Agreement and, solely for the
purpose of this indemnification and defense,the Contractor specifically waives
any immunity under the state industrial insurance law,Title 51 R.C.W. The
Contractor recognizes that this waiver was specifically entered into pursuant to
provisions of R.C.W.4.24.115 and was subject of mutual negotiation.
K. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this
contract policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners,owners or shareholders of the Sponsor,Worker's Compensation
Insurance in an amount or amounts that are not less than the required statutory
minimum(s)as established by the State of Washington or the state or province
where the Sponsor is located.
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Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars($1,000,000)per occurrence and an aggregate of not less
than two(2)times the occurrence amount($2,000,000.00 minimum)for bodily
injury, including death and property damage,unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed
operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the
County within fifteen(15)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by
the County prior to the approval of the contract by the County.At the option of
the County,the insurer shall reduce or eliminate deductibles or self-insured
retention or the Sponsor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor.All insurance provisions for subcontractors shall be subject to all
of the requirements stated herein.
Failure of the Sponsor to take out and/or maintain any required insurance shall
not relieve the Sponsor from any liability under the Agreement,nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or
subrogation against the County(including its employees and other agents and
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agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses
covered by the above described insurance. It is further agreed by the parties that
insurance companies issuing the policy or policies shall have no recourse against
the County(including its employees and other agents and agencies)for payment
of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in
excess of insured amounts provided herein,or any portion thereof,may be
withheld from payment due,or to become due,to the Sponsor until such time as
the Sponsor shall furnish additional security covering such judgment as may be
determined by the County.
•
The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a"Risk
Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect
to any policy of insurance the Sponsor must provide in order to comply with this
Agreement.
If the proof of insurance or certificate indicating the County is an"additional
insured"to a policy obtained by the Sponsor refers to an endorsement(by
number or name)but does not provide the full text of that endorsement,then it
shall be the obligation of the Sponsor to obtain the full text of that endorsement
and forward that full text to the County.
The County may,upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance,withhold payment or compensation that would
otherwise be due to the Sponsor.
L. Independent Contractor
The Sponsor and the County agree that the Sponsor is an independent contractor with
respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Sponsor nor any employee of Sponsor shall be
entitled to any benefits accorded County employees by virtue of the services
provided under this agreement. The County shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the
state industrial insurance program,otherwise assuming the duties of an employer
with respect to Sponsor, or any employee of Sponsor. The Sponsor shall not sublet
or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include
printing or other customary reimbursable expenses that may be provided in an
agreement.
M. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor
in connection with the services rendered under this agreement shall be the property of
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the Sponsor whether the project for which they are made is executed or not.The
County shall be permitted to retain copies, including reproducible copies, of drawings
and specifications for information,reference and use in connection with the
Sponsor's endeavors.
N. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by,and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210,and published agency policies,
which are incorporated herein by this reference as if fully set forth.
O. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and
the services rendered including all books,records, documents,receipts, invoices,and
all other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect cost of any nature expended in the performance
of this contract. The Sponsor's records and accounts pertaining to this agreement are
to be kept available for inspection by representatives of the County and state for a
period of ten(10)years after the date of the final payment to Sponsor. Copies shall be
made available upon request.
P. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing,
accreditation,permitting and registration requirement/standards necessary for the
performance of this contract.
Q. Disputes
Except as otherwise provided in this contract,when a bona fide dispute arises
between Jefferson County and the Sponsor and it cannot be resolved,either party
may request a dispute hearing with a mediator assigned by or associated with
Jefferson County District Court.Either party's request for a dispute hearing must be
in writing and clearly state:
a. the disputed issue(s),
b. the relative positions of the parties, and
c. the Sponsor's name,address and Agency contact number
These requests must be mailed to the Project Manager,Jefferson County
Environmental Health Department, 615 Sheridan St.,Port Townsend,WA 98368,
within fifteen(15)days after either party received notice of the disputed issue(s). The
parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal.The parties will split evenly the cost of mediation or whatever form
of dispute resolution is used.
R. Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from
state, federal, or other sources are withdrawn,reduced,or limited in any way after the
effective date of this contract.
S. Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten
(10)days written notice to the Sponsor.
T. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not
transfer any interest in this agreement without the express written consent of the
County.
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T. Non-Waiver.
Waiver by the County of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or
state law,to determine if Sponsor is complying with all applicable statutes,rules,
codes ordinances or permits.
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Jefferson County Environmental
Public Health—Conservation
Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice
of any change.
W. Entire Agreement/Severability
This agreement,along with all attachments,constitutes the entire agreement of the parties.No
other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of
the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void,all
other sections of this Agreement shall continue to have full force and effect.
X. Effective Date
This agreement, for the xxxxx(project) shall be effective upon signing by all parties.
Y. Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior
Court in and for Jefferson County.Each party to this agreement shall be responsible for their
litigation costs, including attorney's fees.
DATED this day of 2020.
By
Kate Dean, Chair
Jefferson Board of County Commissioners
By
Attested:
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Carolyn Gallaway, Deputy Clerk of the Board
Approved as to form:
Philip Hunsucker, Chief Civil DPA
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Jefferson County Conservation Futures Program
Annual Project Reporting Form (template only)
1. Project Sponsor:
2. Project Title:
3. Project Number:
4. Status:
5. Approval Date:
6. Project goals and objectives:
7. Parcel number(s):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a).Purchase price: b).Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O&M funds received since acquisition(list by year):
19. Existing and on-going activities and projects(for each 0&M activity that has
occurred since December 31st of the previous year,please provide supporting
documentation):
20. New events,activities,projects(for each 0&M activity that has occurred since
December 31st of the previous year,please provide supporting documentation):
21. Needs and challenges:
22. General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature Date
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iiimmummil
Appendix B
,,. Conservation Futures
t' ,t `F Jet terson Counts, Washington
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Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee"means the Jefferson County
conservation futures citizen oversight committee established under this chapter.
"Conservation futures fund"means the Jefferson County conservation futures fund
established under this chapter.
"Conservation futures tax levy"means that Jefferson County tax levy upon all taxable
property in Jefferson County authorized by RCW 84.34.230.
"County"means Jefferson County and/or its conservation futures citizen oversight
committee.
"Cultural resources"means archeological and historic sites and artifacts, and traditional
religious ceremonial and social uses and activities of affected Indian Tribes and
mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space
land"means the fee simple or any lesser interest or development right with respect to real
property including,but not limited to,conservation futures,easements, covenants or other
contractual rights necessary to protect,preserve,maintain, improve,restore, limit the
future use of or conserve selected open space land, farm and agricultural land and timber
land(as those terms are defined in Chapter 84.34 RCW).
"Project"means open space land, or any lesser interest or development right in specific
real property,to which Jefferson County conservation futures tax levy funds are allocated
for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02
§ 1]
"Silviculture"means the practice of controlling the establishment, growth,composition,
health,and quality of forests for the production of forest products.
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Exhibit D
Resolution No. 43-20
Arlandia 16 November 8, 2021
Cc fr) Tp'414
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the )
Arlandia project as Authorized by and in }
Accordance with Jefferson County Code Section } RESOLUTION NO. 4 3 20
3.08.030(7)to Provide a System of Public Open }
Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2020 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program,Jefferson Land Trust,as project sponsor,requests funding towards the acquisition of a
conservation easement on three parcels of land in S32 T28N R1W, S5 T27N R1W and S33 T28N
R1W with Assessor's Parcel Numbers 801324003, 801333012, 701051021; and
WHEREAS, the County retains enough developable land to accommodate the Arlandia
project as well as the housing and employment growth that it is expected to receive, thus satisfying the
requirements of Chapter 449, Laws of 2005; and
WHEREAS, Jefferson County considers it in the best public interest to contribute
financially to this open space project.
NOW, THEREFORE BE IT RESOLVED that:
1. Jefferson County hereby dedicates up to $52,138in conservation futures funds in the
2020 funding cycle for conservation easement acquisition expenses contingent on a
matching contribution of at least seventy-nine percent(79%)of the total project cost.
Resolution No. 41 9 ore: Dedication of Conservation Futures Funds to the Arlandia project
2. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the
acquisition, is not received from the sponsor within three years of the signing of this
resolution.
APPROVED AN1 4DOPTED this / "day of 'J J� , 2020 in Port Townsend, Washington.
SEAL' i �� "` ; . `� '_'
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\ 'y;. JEFFERS•N COUNTY
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. 4 f ..'„!.! BOARD VOMMI ONERS
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ATTEST:
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Kate De, 1,Member
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Carol Gallaway i " '/'IAZ liM' lePh-61/(6-t !
Deputy Clerk of the Board David Sullivan,Member