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HomeMy WebLinkAbout079 09 ST ATE OF WASHINGTON County of Jefferson In The Matter of Purchasing a Conservation Easement on the Filinriver Farm in Chimacum, Washington and Designating Persons with Authority to Sign Documents } } } } } } RESOLUTION NO. 79-09 WHEREAS, the Finnriver Farm Project was approved for Conservation Futures funding in the amount $203,500 on June 16,2008 to acquire a Conservation Easement on this 33-acre farm, Assessor Parcel Numbers 901 263018; 901263021; 901 274 002; 901 263 020; and, WHEREAS, an application to the Recreation and Conservation Office's (RCO) Washington Wildlife and Recreation Program Farmland Preservation Account, in partnership with the Jefferson Land Trust, was approved on July 21,2008 to provide additional funding towards the acquisition ofthe conservation easement; and, WHEREAS, on June 1,2009, the Chair of the Board of County Commissioners signed the Certification of Sponsor Match required by the RCO prior to final determination of grant awards; and, WHEREAS, on September 28, 2009 an agreement with the RCO, #08-1153A, to provide $203,500 to complete the project was approved; and, WHEREAS, a professional services agreement with the Jefferson Land Trust to perform project services was approved on October 26,2009; and, WHEREAS, the conservation easement document was reviewed by the Deputy Prosecuting Attorney on December I, 2009; and, WHEREAS, an Assignment of Rights to execute an option to purchase the conservation easement was previously approved on December 14,2009; and, WHEREAS, it is necessary for the County's Conservation Futures funds allocated for this project be placed in escrow at First American Title in Port Townsend on or before December 22, 2009 in time for closing to occur as scheduled; and, WHEREAS, while it is the Board of County Commissioners that have the authority to bind the County in any contract or purchase where County funds will be exchanged for items of value such as real or personal property, they are also empowered to grant to their employees, agents or representatives authority to execute (sign) documents that might be required by third-parties (such as title companies) in order to implement and complete such contracts or purchases. RESOLUTION NO. 79~09 Purchasing a Conservation Easement on the Finnriver Farm in Chimacum, Washington and Designating Persons with Authority to Sign Documents NOW, THEREFORE BE IT RESOL VED, by the Board of County Commissioners of Jefferson County that: 1. The Auditor's Office issue a warrant for Conservation Futures funds in the amount of $187,892.00 to be placed in escrow with First American Title Companv on or before Tuesday, December 22, 2009. 2. Water Quality Division staffTami Pokorny, as primary, and Neil Harrington, as alternate, be granted the authority to execute all closing and baseline documents that might be required by third parties in order to undertake and complete the project identified above. I; APPROVED this Ii( day of1tJ{J(~A, 2009 in Port Townsend, W a~Jti!igton. '.~l~tov " :.'A _', ~/ '~'J:.. '. 'oJ e> JiI. y..... .~... ~ '. .~..t-----_.__,<t4":_, _,:-, .. ~ ~ '.( ,:,:~",,'~,':,. ~_;O : \_.i~.:...~..~.i.i... ~ ~ I ... . ~<ff~/. .,:; . "'.-: . . ., "'- "..- - ,'.'.. - ... '..~~o~ ~) , . JEFFERSON COUNTY BOAIZ COMMISSIONERS ~/;#' - . #~ /ff~ Davi stii1lvan, airman ~EST: . . (- ~' . . / ! ". /V ; t..41\.......-' Mil t'undgren r Deputy Clerk of the Board Page 2 of2 '"' 2 C 5L FlIMA CONY INS 7. LOAN J\.1.:MBER ~ OMB No. 2502-0265 LOAN 3. C CONV UNINS ~ A US. DEPARTMENT OF HOUSING AND VRBANDEVELOPr.fENT SETTLEMENT STATEMENT r~ r"\.L.,-LcrYt-; Y"L A_v d- 8 TYPE I g FHA 4 I I VA 6, FILE NUMBER 49662RW 3 MORTGAGE lNS, CASE NO.: OF C. NOTE: This form i5 furnished to give you II statement of actual settlement costs Amounts paid to and by the settlement agent are shov.n. Items lTIarked "(poc)' were paid ootside the closing; they are shown here for informational purposes and are not included in the totals D NAME & ADDRESS Jefferson Land Trust and Jefferson Countv OF BORROWER: 1033 Lawrence Street, Port Townsend. viA 98368 E. NAME & ADDRESS Keith L Kisler, Crystie Kisler and Finn River LLC OF SELLER: 62 Barn Swallow Road. Chimacum. WA 98325-7719 F. NAME&ADDRESS OF LENDER: G. PROPERTYLOCATlON: 62 Bam Swallow Road Chimacum, WA98325-77t9 H SETTLEMENT AGENT: First American Title Of Jefferson COllnty PLACE OF SETTLEMENT: 2424 South Park Avenue. PO Box 598. Port To~nsend, W A 98368 (360) 385.1322 SETTLEMENT DATE' 12131/2009 Estimated DISBURSEMENT DATE' 12/31/2009 J. Summarv of Borrower's Transaction K. Summarv of Seller's Transaction 100. Gross Amount Due From Bornn'\o'er: 400. Gross Amount Due To Seller: 101 Con~salesprice 375000.00 401 Contra.ctsalesprice 375000.00 102 Personal property 402 PersonaJproperty 103 Settlernent charges to borrower: (line 1400) 2253.74 403 104 404 105 405 Adjustments For Items Paid Bv Seller In Ad" nee: Adiustments For Items Paid B . Seller In Advance: 106. Cityltown taxes "' 406,Cityito'Mltaxes " 107. County taxes "' 407, County taxes 10 108,Assessments "' 408, As.sessments co 109 409 110 410 III 411 112 412 113 '13 114 41' 115 415 116 416 120. Gross Amount Due From Borrower: 377,253.74 420. Gross Am(llmt Due To Seller: 375,000.00 200. Amou , Behalf Of Borrower: 500. RPdlldiBn~ In Amount Due To Sellll'r! 201 Depotiloreamestmoney 501 Excess deposit (see instructions) 202 PrincipalamOtlnlofnewloan(s) 502 Settlemenl charges ID seller (line 1400) 6680.00 203 Existing loan(s) taken subject to 503 Existing loan(s) taken subject to 204 504 Payoff1slMtg.Ln 205 505 Payoff 2nd Ml8,Ln 206 506 207 507 20' 508 209 509 Adjustments For Items Unpaid By Seller: Adjustments For Items Unpaid By Seller: 210. City/\Qwn la'l:e8 10 510. Cityltown taxes " 21 I. County laxes '0 51LCountylaxes " 212,Assessments '0 512. AssessmenlS '0 213 5lJ 21' 514 215 515 216 516 217 511 218. 51' 219 519 220. Total Paid BylFor 520. Total Reductions 6,680.00 Borrower: In Amount Due Seller: 300. " At Borrow r: 6tItI ashAtS " 301, Grossamounl due from borrower (line 120) 377253.74 601, Gruss amount due to seller (line 420) 375000.00 302. Less amount paid byffor borrower (line 220) 602, Less reductions in amount due seller (line 520) 6680.00 303. Cash (IX FROM) ,~) Borrower: 377,253.74 603. Casb fiJrO) OFROM) Seller: 368,320.00 PreYIousEdltionIsObsolete FonnNo.1581 3i86 Pagel of 3 SB-4-3538..Q00-I HUD-1(3-86) RESPA, HB 4305.2 -" L Escrow' 49662RW ,. 700. Total Sales:Broker's Commission Paid From Paid From Based On Price $ ml\nol\l\ ~, " Borl-ower's Seller's lli.jO n n 700 Funds Funds ,no , At At 702,' Settlement Settlement to '00 704. BOl.L n tionfee % 802 L .n' . 803 t 804. Cl-"r1if renorr to' 805.Ll'nder'~i 806. Mortl!age in lliC'Atinnfeeto 807 roo 80B. 809 810 ,n, 813. 814. 815, 817, 818 819 820. I 901. to @ ! Od 0 , 903 mi 904. F10ntl j u= mi mfor s,to on5 906 1001. H i , 0 1002. Mortgf\Qe inslInm('R. OmM,h,@' O,OOnerffionth 1003 o rnonth~ I@ ~ O.OOnf':rffinnth 1004 r, n, ,",",,,"' 0.00 oth 1005. Omonthsr@S 0.00 ermonth 1006. F1~ insll"an~e Ornonthsrms O.OOnermonth 1n07 o mM,"',," , O.OOnerrnonth lOng 0 1I01 i tAm . an Title Of Jeffer on C un ",I4C 1102 E .c. o 'l:g'iOQn"" 7 4 . ~t;on to "M T;,t.' b'derto 1105 "" l' O^ "'"rn~ ,",H" 1107_ Attomey'sfeesto (includes above item Nwnbers: ) 1108. Title insurance to First American Title Of Jefferson County (includes above item Numbers: ) 1230.34 1100 , , Il10 Ov.ner's coveral!e $ 375 000,00 Premium: $1135.00 Tax 95.34 1111 1112 1113, 1114 120 , fees: Deed 0.00 'Mort , 0.00 'Releases 0.00 1207 " 0.00 'Mort ,< ono 1203 0.00 'Mo 0< OM 104 t 1 , to 102.00 1205 Exci ax! Jff~ 668000 H'hm... 1301. Sllrvevto 1302. Pe<:t insnection tn n03 1l0' 1l0< 1306 1307. 1308. ',"N", ,_ ",- 225 668000 SE1TLEME~T CHARGES Fonn No. 1582 Page 2 of3 88-4-3538-000-1 ," , SELLER'S AND/OR BORROWER'S STATEMENT Escrow 49662RW I have carefully re"'lewed the HUD-I Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account Of by me in tbis tran~tion.. I further certify that 1 have received a copy of the Hl..1D-l Settlement Statement Borrowers/Purchasers Se(]ers Jefferson Land Tmst KeithL.Kisler By:_._~ Sarah Spaeth, Executive Director CrystieKisler Jefferson County Finn River LLC By By: Keith Kisler, Manager Exhibit "A" Attached Hereto The HUD-l Settlement Statement which 1 have prepared is a true and accurate account afmis transaction. I have caused or \vill cause the funds to be disbursed in accordance "'1tb this slatement Settlement Agent Date- Renee L Widmer, First American Title Of Jefferson County WARNING: It is a crime to knowingly make false statements to the United States on this Of any other similar fonn, fme or imprisonment. For details see: Title IS U.S. Code Section lOOI and Section 1010. Penalties upon conviction can include a E'age300 .'TIACHMENTTO HUD 1 Settlement Date: 12131/2009 EXHIBIT A: Buvcr/Seller Si.rmatures Signatures Of Borrowers and Sellers: BorrowerslPurchasers Escrow No,: Title No. Sellers- By: Crystie Kisler, Manager , 19662RW 4%62 Page: 1 ~..II":.\ , LA.ND . TRUST' __I JEFE-'ERSON LAND TRrST Celebrating our 20th year Helping the community preserve open space, working lands and habitat forever 1033 Lawrence Street, PortTownsend, W A 98368 360-379-9501 . office 360-379-9897 - fax www.saveland.org jlt@saveland.org ASSIGNMENT OF RIGHTS Subject to the terms and conditions contained in that certain Option Agreement for Purchase of Conservation Easement dated March 11, 2009 (the "Option Agreement"), Jefferson Land Trust is the holder of an option to purchase a conservation easement on real property owned by Finnriver LLC and Keith and Crystie Kisler, commonly known as Finnriver Farm, as specifically described in the Option Agreement. Pursuant to the Option Agreement, Jefferson Land Trust does hereby assign all of its rights and obligations under said agreement to Jefferson County and Jefferson County does hereby accept the assignment of all such rights and obligations. Jefferson County shall hereafter be subject to all of the terms and conditions of the Option Agreement. This Assignment of Rights does not alter or modify any other agreement between Jefferson Land Trust and Jefferson County regarding the transaction contemplated by the Option Agreement. Dated: /~/;t(lrjCl Jefferson Land Trust By ~~O~ \\{'2-(o~ Executive Dirrctor Jefferson Cj /J ~ By: ~.~ZZ, "\... Appro~'ed as to form only: {\ ,1 f)!1 11'/ 'f \' i ! (,.{J!, J 1& ocr Jefferson Co. Prosecutor' Office Jefferson Land Trust is a 501 (c) (3) non-profit., tax-exempt, private corporation. Donations are deductible to the full extent of the law, Printed on recyded paper ~ g ;i N g C'0 rf)' - N - ~ . -3 2 d J.. ~ V) J J 0- ~ J ( , - . 1 VJ '-, :::i. ~ '~ ~ ~ f!: Q 5 z o ~ ~ ~ f 2 ~ S; (E j ~ 1 '> (' ( ':. 'l ~ ~ ClC 'E ,... Sl.- _ ." J (IG i. MEMORANDUM OF OPTION This Memorandum of Option, dated as of the ~ day of /Vla.,..; ( 2009 is between FINNRIVER LLC and KEITH KISLER and CRYSTIE KISLER, husband and wife ("Seller") and JEFFERSON LAND TRUST ("Buyer"). 1. Propertv. Seller has granted Buyer an option to purchase a conservation easement restricting land uses and other activities on the real property described in Exhibit 1, attached, pursuant to that certain Option Agreement For Purchase of Conservation Easement between Buyer and Seller, effective as of March 1, 2009 (the "Option Agreement"). 2. Purpose. This Memorandum of Option is for purposes of recordation and in no way modifies the Option Agreement. 3. Expiration. The Option Agreement expires on or before one year following the effective date of the Option Agreement unless specifically extended by the parties by subsequent recorded memorandum of option agreement. IN WITNESS of the foregoing provisions, the parties have signed this documer:tt below: SELLER: FINNRIVER LLC t:,rf( Jt.L- #1,9 A4Gtil.- Date 3-(' - 0'1 Keith Ki -1- BUYER: JEFFERSON LAND TRUST JlJu.- As ',L 1 ~;~1?cr Dale 1J/ tLW.L /-z 7tJCJ r / -2- STATE OF WASHINGTON ) ) 55. COUNTY OF JEFFERSON ) QI]. this q ~ , day of JL1l1/r~ , 20~ before me personally appeared _ K~/-fr..- KJ ~ (e-r- . to me known to be the ---L.:Jt}./IIb,dI/ . of FINNRIVER LLC, a Washingtonlimited liabilitycompany, and ackno'Medged the within and foregoing instrument as the free and voluntary act and deed of said entity. for the uses and purposes ther. entioned, and on_oilth stated that they are authorized to sign said instrument by s d e 't. Notary i nat e U (}U~ d &. IVt~t$6Y\, Notary name printed or typed NOTARY PU~ft' S!p!e ~~to1A{ ReSiding at: '(Jy e Notary Public State of Washington DOUGLAS G. MASON MY COMMISSION EXPIRES JULY 15. 2012 STATE OF WASHINGTON ) ) 55. COUNTY OF ;![FFERSON ) On this q - day of /L1.t"PJ?:.i" , 2009, before me personally appeared KEITH KISLER amd CRYSTIE KISLER, to me known to be the imdividuals who signed and acknowledged the within and foregoing instrument as their free and VOluntary act and deed for the us an ses therein mentioned. and on oath stated that they are authorized to sign said i trum t b said entity. Notary si n re DOV-nl~ 6-. MC<-Soll[ Notary name printed or typed NO~ARY PU~~. s.!ft~hin9tQU ReSiding at: yy ill. ~-l!.. Notary Public State of Washington DOUGLAS G. MASON MY COMMISSION EXPIRES JULY 15, 2012 -3- STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this /~ 1i:: day of ~fl~ 2009, before me personally appeared""::hA . JOANNE TYLER 81'11:1 J.' liE: <::19' ':lg~e known to be the Vice President ~~... "'- r!h..,r," 'VV' respectively, of JEFFERSON LAND TRUST, a Washington nonprofit corporation, and they acknowledged the within and foregoing instrument as the free and voluntary act and deed of said corporatio f reuses and purposes therein mentioned, and on oath stated that they are authorized sig ai instrument by the Board of Directors of said corporation. Notary si at re VOVj ILlS &-. 11.1 4.S 6 h Notary name printed or typed NOTARY P~fWaShingt~ Residing at: M j)...$e.lA Notary Public State of W.sblDgton DOUGLAS G. MASON MY COMMISSION EXPIRES JULY 15, 2012 -4- Exhibit 1 Legal Description Parcel A: That portion of the West one half ofthe Southwest Quarter of Section 26, Township 29 North, Range 1 West, W.M., Jefferson County, Washington, described as follows: Commencing at the Southwest comer of Section 26; thence, North 02003 '02" East, along the Westerly line of said Section 26, a distance of 1565.00 feet to the point of beginning; thence South 89014'58" East, a distance of 700.00 feet; Thence, North 02003'02" East parallel to the West line of said Section 26, a distance of 127.70 feet more ore less to a point on the South line of the North 980.00 feet of said Southwest Quarter; Thence, North 89035'51" West, a distance of 162.21 feet more or less to a point on the West line of the East 775.00 feet of said West half of the Southwest Quarter; Thence, North 01006'34" East, parallel with the East line of said West half of the Southwest Quarter, a distance of330.03 feet to a point on the South line of the North 650.00 feet of said West half of the Southwest quarter; thence North 89035'51" West along the South line of said North 650.00 feet, a distance of 532.47 feet more or less to the West line of said Section 26; Thence, South 02003'02" West along said West line of Section 26, a distance of 453.58 feet more or less to the point of beginning Together with that portion of the Northeast Quarter of the Southeast Quarter of Section 27, Township 29 North, Range I West, W.M., described as follows: Commencing at the Southeast comer of said Section 27; thence, North 02003'02" East, along the Easterly line of said Section 27, a distance of 1565 feet to the point of beginning; Thence, North 89014'58" West, a distance of 72.03 feet to the Easterly margin ofan easement for ingress, egress, and utilities, 60.00 feet in width, as recorded under Jefferson County Auditor's File Number 247377 in Vol. 96, Pages 486 through 487; Thence, North 02003'02" East, along said Easterly margin, a distance of 453.97 feet, more or less to the South line of the North 650.00 feet of said Northeast Quarter of the Southeast Quarter; thence, South 89"03' 15" East, along the South ofline of said North 650.00 feet, a distance of 72.03 feet to the East line of said Section 27; Thence, South 02003'02" West, a distance of 453.72 feet to the point of beginning. Parcel B: The North 400 feet, except the West 120.10 feet, of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range 1 West, W, M, Parcel C: The South 580.00 feet of the North 980.00 feet of the East 775.00 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range I West, W.M.; TOGETIffiR WIlli: The South 250.00 feet of the North 650.00 feet lying Westerly of the East 775.00 feet and Easterly of the West 120.10 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range 1 West, W.M.; . Parcel 0: The West 120.10 feet of the North 400 feet of the Northwest Quarter of the Southwest QuarteT of Section 26, Township 29 North, Range 1 West, W.M. Also the East 132 feet of the North 400 feet of the Northeast Quarter of the Southeast Quarter of Section 27, Township 29 North, Range I West, W.M. All Situate in the County of Jefferson, State of Washington. OPTION AGREEMENT FOR PURCHASE OF CONSERVATION EASEMENT By this Option Agreement ("Agreement") made effective this 1st day of March, 2009 (the "Agreement Date") by and between FINNRIVER LLC, a Washington limited liability company, and KEITH KISLER and CRYSTIE KISLER, husband and wife ("Seller"), and JEFFERSON LAND TRUST, a Washington nonprofit corporation ("Buyer"), in consideration of the mutual covenants and agreements herein contained and subject to the conditions set forth below, Seller hereby grants to Buyer and the successors and assigns of Buyer the exclusive right and option (the "Optian") to purchase a conservation easement (the "Conservation Easement") restricting land uses within that certain real property located in Jefferson County, Washington, and more particularly described in Exhibit A attached hereto (the "Property"). The Conservation Easement to be recorded at closing shall contain substantially the same rights, restrictions, terms, and conditions as set forth in the appraisal prepared by John V. Halberg, MAl and Greg V. Halberg, Halberg Pacific Appraisal Service, and reviewed by Vicki Adams, Terra Valuations LLC. TERMS AND CONDITIONS 1. Option Term. Seller agrees that the term of the Option shall commence on the effective date of the Agreement and end at 5:00 pm on the date that is one year thereafter ("Option Term"). Buyer shall exercise its Option by written notice to Seller before the end of the Option term. 2. Option Payment: Liauidated Damaaes. A. Within three business days following execution of this Agreement, Buyer shall pay to Seller the amount of $500.00 as consideration for the Option (the "Option Payment"). The parties agree that the Option Payment shall be credited to Buyer as part of the purchase price as more particularly described below. B. In the event that: (1) the conditions precedent set forth in Paragraph 7 below shall have been satisfied or waived; (2) Seller shall have performed Seller's obligations hereunder; and (3) Buyer shall be unable to or fail to perform its obligations hereunder, then Seller shall be entitled to retain all sums paid by Buyer pursuant to Section 2.A as liquidated damages. The retention of this amount by Seller shall be Seller's exclusive remedy for any failure of Buyer to perform its obligations hereunder for any reason. C. In the event that Seller shall default in Seller's obligation to cause the conveyance of the Conservation Easement to Buyer in accordance with the terms hereof, and provided that Buyer shall have performed its obligations and satisfied all conditions of Buyer to Seller's obligations hereunder, Buyer shall be entitled to all remedies afforded Buyer at law or in equity, including, without limitation, specific performance of this Agreement. In the event that the conditions precedent set forth in this Agreement are not satisfied, Buyer, at its option, may terminate this Agreement, at which time the total amount of the Option Payment shall be refunded to Buyer and neither party shall have any further rights or liabilities. 3. Purchase Price. The total purchase price for the Conservation Easement, (which shall include the Option Payment), shall be $375,000.00. Unless otherwise agreed in writing, the purchase price shall be paid in cash at closing. Page 1 /1 -;-- INITIALS: BUYER kf' / {/ BUYER SELLER ILl SELLER ot---- 4. Closina. A. Date. Closing shall be held at the office of the Escrow Holder, as defined below, on or before the 60th day which is a business day following the exercise of the Option, or as soon thereafter as Seller has fully performed hereunder. B. At closing, Seller shall execute and deliver a good and sufficient Grant Deed of Conservation Easement, conveying good and insurable title to the Conservation Easement, free and clear of all liens, encumbrances or exceptions, except such easements, restrictions, and other exceptions of record as are approved or waived by Buyer pursuant to Section 5.A. The proposed conveyance instrument and other necessary instruments are to be submitted to legal counsel no less than 15 days prior to closing 5. Title Review. A. Immediately following execution of this Agreement, Buyer shall obtain a title commitment (AL TA form 1970-B with 1984 revisions) (the "Commitment') for the Property from First American Title Company of Jefferson County ("Escrow Holder") and copies of all documents underlying the exceptions set forth in the Commitment. Within five days following the Agreement Date, Seller shall provide to Buyer copies of any and all leases to which the Property is subject and copies of any and all other written agreements and other documents regarding any encumbrance on, and any right or interest in or to the use of the Property by any third party which is not shown on the Commitment ("other title matters"). Buyer shall have 30 days following its receipt of the Commitment and the other title matters to .be provided by Seller, whichever date is later, to notify Seller in writing of any objections Buyer may have to any exceptions to title shown in the Commitment and to any of the other title matters. Buyer's failure to object to any title exception or other title matter in writing within the time stated above shall be deemed an approval of the quality of title reflected in the Commitment and the other title matters. Seller shall have 10 days following receipt from Buyer of any notice of objection(s) to title to notify Buyer in writing of any such objections which Seller does not intend to attempt to eliminate. The failure of Seller to respond in writing within the time stated shall be deemed an agreement by Seller to attempt to eliminate all exceptions objected to by Buyer. If Seller notifies Buyer that Seller does not intend to eliminate any exception to which Buyer has objected, Buyer shall then have the right, exercisable by providing written notice thereof to Seller within 10 days of its receipt of written notice from Seller, to either (i) terminate this Agreement, in which event, the Option Payment shall be released to Buyer and neither party shall have any further right or obligation with regard to the purchase and sale of the Properly, or (ii) to waive its objection to that exception. Seller shall eliminate by the Closing Date any and all exceptions and other title matters (except those which it has notified Buyer that it will not attempt to eliminate) to which Buyer has objected - including, but not limited to, covenants, conditions, restrictions, reservations, easements, rights of way, assessments, liens and other matters of record - from the Policy of Title Insurance to be issued in favor of Buyer. Seller shall not transfer, lease or encumber in any way the Properly or any interest therein prior to the Closing Date. Page 2 r INITIALS: BUYER I BUYER SELLER ft SELLER CM- B. At closing, Seller shall cause the Escrow Holder to issue a standard owner's title policy in the amount of the purchase price, containing only those exceptions to the title which have been accepted by Buyer pursuant to Section 5.A above. The title policy shail contain such endorsements as Buyer may require. Buyer shall pay the premium for the title policy and the costs of any endorsements. 6. Reoresentations. Warranties and Covenants of Seller. Seller represents, warrants and covenants to Buyer that the following are true as of the Agreement Date and shall be true as of the Closing Date: A. Seller has not received notice of any material violation of any statute, ordinance, regulation, or administrative or judicial order of any federal, state, county, or other governmental or quasi-governmental instrumentality with respect to the Property. B. There is no action, suit, or proceeding which is pending or threatened against the Property or any portion thereof relating to or arising out of the ownership or use of the Property, or any portion thereof, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. C. Except for such matters of record as may be disclosed in the Commitment, (i) there are no leases, licenses, prescriptive easements or other third party rights to use or occupy any portion of the Property; (ii) there are no adverse parties in possession of any portion of the Property; and (iii) there are no rights to purchase the Property or any portion thereof prior to those set forth herein which are held or claimed by any third party; or, if there are any of the foregoing interests, rights of claims, Seller has disclosed any and all of them on Exhibit B hereto, and shall provide to Buyer copies of any written agreements and other documents evidencing such matters in accordance with Section 5A D. As of the Closing Date, there will be no unpaid bills or claims in connection with any work on the Property. E. There have not been and are no storage tanks or septic tanks upon or under the Property; or, if there have been or are any such tanks located on the Property, Buyer has been informed of their location in writing, they have been properly registered with all appropriate environmental authorities, they are in full compliance with all applicable statutes, ordinance and regulations, and they have not resulted in the release of any hazardous or toxic substance, material or waste to the environment. F. The Property is not now nor, to the best of Seller's knowledge, has it ever been used for the manufacture, use, storage or disposal of any hazardous or toxic substance, material or waste within the meaning of any applicable environmental statute, ordinance or regulation. No hazardous or toxic substance, material or waste including, without limitation, asbestos or material containing or producing polychlorinated biphenyls (PCBs), is currently stored or located on the Property. G. During the period of the Seller's ownership of the Property there has been no litigation or governmental administrative act or proceeding maintained or threatened against Seller, nor any settlements reached by Seller with any party or parties, alleging the presence, disposal, release or threatened release of any hazardous waste or hazardous Page 3 0----- 1/ 1/ INITIALS: BUYER II I BUYER SELLER {-f SELLER (' .u- substance on, from or under the Property. The Property is not subject to any "Superfund" or similar lien, or any claim by any government regulatory agency or third party related to the release or threatened release of any toxic or hazardous substance, material or waste. Seller hereby agrees to indemnify, defend and hold harmless Buyer, its successors and assigns from and against any and all losses, claims, damages, penalties, liabilities, response costs and expenses (including all out-of-pocket litigation costs and the reasonable fees and expense of counsel) arising out of the inaccuracy in any material respect of any representation or warranty Seller has made in this Agreement. This agreement to indemnify and hold harmless shall be in addition to any other obligations or liabilities Seller may have to Buyer at common law or otherwise under this Agreement. Notwithstanding anything in this Agreement to the contrary, in the event that either party becomes aware, between the date of this Agreement and the Closing Date, of any substantive matter which would make any of Seller's representations or warranties untrue in any material respects, the discovering party shall immediately inform the other party in writing of such matter and Buyer shall have the right, within fifteen days following its discovery of such matter or its receipt of notice from Seller of such matter, as appropriate, (i) to proceed to close this transaction with a mutually-acceptable indemnity from Seller as to any liability arising out of the matter discovered or (ii) to treat such matter as a failure of a condition and terminate this Agreement, in which event the Option Payment shall be refunded to Buyer. 7. Conditions Precedent. A. To Buyer's Obligation. The following shall be conditions precedent to Buyer's obligation to acquire the Conservation Easement at close of escrow: (1) The issuance by Escrow Holder as of the Closing Date of the title policy required by Paragraph 5 hereof showing title subject only to those matters provided therein; (2) Seller's compliance with each of Seller's agreements herein, and the accuracy in all material respects of each of Seller's representations and warranties as of the Closing Date. (3) No administrative or judicial proceeding shall have commenced as of the Closing Date seeking to prevent or restrain the consummation of the transaction contemplated by this Agreement or which would materially and adversely affect the Property or its use, (4) Buyer's determination pursuant to Section 14 that the physical and environmental condition .of the Property is suitable for protection under the Conservation Easement. (5) Seller shall have obtained from Jefferson County, at Seller's sole expense, any permits and other approvals necessary for the transaction contemplated by this Agreement to comply with State and County zoning, subdivision, and other planning requirements. Page 4 ar- INITIALS: BUYER l' ' BUYER SELLER rf SELLER c}?- B. To Seller's Obligation. The following shall be conditions precedent to the Seller's obligation to convey the Conservation Easement at close of escrow: (1) Buyer's compliance with each of its agreements herein, and the accuracy in all material respects of each of its representations and warranties as of the Closing . Date. 8. Satisfaction or Waiver of Conditions: Termination of Aareement. A. All conditions set forth in Paragraph 7 shall be deemed satisfied or waived unless the party benefited by the condition gives written notice of its disapproval to the other party, on or before the date stated in the condition, identifying the condition precedent and the nature of and specific basis for the objection. B. In the event a party receives written notice of objection pursuant to subparagraph (A) above, it shall notify the objecting party in writing within 5 days thereafter of its intention either (i) to attempt to cure the objection, or (ii) to take no action with respect to the objection. If the party elects to cure, the Closing Date shall be extended for a reasonable period agreed upon by the parties to allow such cure. C. In the event that a party either (i) does not elect to cure an objection as provided above in subsection (3) or (ii) elects to cure but fails to cure such objection within the period agreed upon, the objecting party shall have the right, exercisable by written notice delivered to the other party on or before the third business day following receipt of the notice of election not to cure or, if the party elects to cure, the third business day following the end of the period agreed upon, either to terminate the Agreement (in which event the Option Payment made under paragraph 2.A shall be refunded) or to waive such disapproved or failed condition and proceed with the close of escrow. A party's consent to the close of escrow shall in any event waive any and all remaining unfulfilled conditions. 9. Taxes. Seller agrees that all taxes, assessments and encumbrances that relate to the period prior to Closing and that will be a lien against the Property at Closing, including all taxes and any other charges that could be imposed on the Property (collectively, "Charges"), whether or not those Charges would constitute a lien against the Property at settlement, shall be paid by Seller at or before Closing. If Seller shall fail to pay any of the aforementioned Charges, Buyer may pay any such Charges and receive a credit against the Purchase Price in an amount equal to any such payment. Seller agrees to indemnify and defend and hold Buyer harmless from all liability, claims, demands and expenses arising from any Charges on the Property that relate to the period prior to Closing. This indemnity shall survive Closing. 10. Risk of Loss. In the event that any loss or damage to the Property occurs prior to closing, Buyer may, without liability, refuse to accept the conveyance of the Conservation Easement, in which event the Option Payment, shall be refunded to Buyer; or Buyer alternatively may elect to accept the conveyance of the Conservation Easement on the Property, or a portion thereof, in which case there shall be an equitable adjustment of the purchase price based on the change in circumstances. 11. Environmental Inspection: Seller's Cooperation. Buyer, its employees, agents and contractors shall have the right to enter upon the Property at reasonable times to perform such inspection of its physical and environmental condition (which may include, but shall not be limited to, obtaining soil and water samples on and beneath the surface of the Property, and Page 5 0-7 ff 11:'- INITIALS: BUYER -r- BUYER SELLER . SELLER vr-- conducting analyses of such samples) as Buyer deems necessary, and for any other reasonable purpose related to this transaction. Buyer may conduct a 'Phase l' inspection of the Property at Buyer's sole expense on or before the expiration of the Option Tenn. Seller shall cooperate with Buyer in conducting the Phase 1 survey, which shall include an inspection of the Property and of public records and such other records as Seller may have in its possession or which may be obtainable by Seller. If, on the basis of the Phase I inspection, Buyer determines that further testing or remediation work is necessary, it shall so notify Seller in writing. In such event, the parties shall attempt in good faith to reach an agreement for the perfonnance of such work on or before the expiration of the Option Term. If agreement has not been reached within that period, Buyer shall have the option to either (i) have such work or remediation performed, or (ii) terminate this Agreement, in which event the Option Payment shall be refunded to Buyer and neither party shall have any further rights or obligation with regard to the purchase and sale of the Property. Buyer agrees to indemnify and hold Seller harmless from and against any loss, cost, lien, or other liability resulting from Buyer's negligent acts or omissions in conducting or causing to be conducted on-site inspections, investigations and tests permitted pursuant to this paragraph. Buyer shall be responsible for returning the site to the same or as nearly as possible the same condition in which it was prior to the time of entry. 12. Preservation of Prooertv. Seller agrees that the Property herein described shall remain as it now is until closing, and that Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the value of the Property. In the event of. such actions, Buyer may, without liability, refuse to accept the conveyance of the Conservation Easement, in which event the Option Payment shall be refunded to Buyer, or Buyer alternatively may elect to accept conveyance of the Conservation Easement on the Property or a portion thereof; in which case there shall be an equitable adjustment of the purchase price based on the change in circumstances. 13. Brokers. Seller and Buyer each represent and warrant to the other that it has not negotiated or dealt with or through any real estate broker, salesperson, finder or other person whatsoever with respect to this Agreement or the sale of the Conservation Easement. Each .party agrees to indemnify and hold the other harmless from any and all liabilities, claims costs, expenses and damages resulting from any claims for brokerage fees, finder's fees, or other compensation made by any person or entity because of that party's actions with respect to this Agreement or the sale of the Conservation easement. 14. Notices. All notices hereunder to the respective parties shall be in writing and shall be deemed to have been given and be effective when delivered in hand or received by first class registered or certified mail, postage prepaid, return receipt requested, or by overnight courier or facsimile transmission addressed to the parties as follows: If to Seller: /<..-e;+t.. /<.{~/er' G,Q:hl%~J;; ~3ZS Page 6 Q ~ INITIALS: BUYER I tI BUYER SELLER ~ SELLER ().L If to Buyer: Jefferson Land Trust 1033 Lawrence Street Port Townsend WA 98368 Fax No.: (360) 379-9897 With a copy to: Douglas G. Mason Attomey at Law 2404 35th Street Port Townsend WA 98368-4733 Fax No.: (360) 385-1517 Either party may change its address for the giving of notice by providing notice as provided herein. 15. Costs and Fees. Escrow fees and title insurance shall be paid by Buyer.. The excise tax shall be paid by Seller. Buyer shall pay the cost of recording the Conservation Easement. 16. Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibits A, B, and C. 17. Bindina. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto. 18. Miscellaneous. If any provision of this Agreement is held invalid, the other provisions shall not be affected thereby. This Agreement represents the entire agreement of the parties and may not be amended except by a writing signed by each party hereto. This Agreement may be executed in counterparts, which counterparts, after execution by all parties hereto, shall together constitute the Agreement. Each party to this Agreement warrants to the other that each signatory hereto has full right and authority to enter into and consummate this Agreement and all related documents. Except as otherwise expressly provided herein, the obligations, covenants, representations, warranties, and remedies set forth herein shall remain in effect until fulfilled. This Agreement shall be govemed by the laws of the State of Washington. 19. Memorandum of Aareement. Upon delivery by Buyer of the Option Payment described in paragraph 2.A, a Memorandum of this Agreement in the form attached hereto as Exhibit C, shall be executed by the parties and recorded in the records of Jefferson County. In the event Buyer fails to exercise its Option, or this Agreement otherwise terminates in accordance with its terms, Buyer shall execute and deliver to Seller a quitclaim deed or such other document as may be necessary to release its interest in the Property under this Agreement. 20. Notices and Comoutation of Time. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement must be in writing and signed by Buyer or Seller. Any time limit in or applicable to a notice shall commence on the day following receipt of ~~~~s. BUYER pr BUYER SELLER ILr SELLER Cft<-- the notice, and shall expire at 9:00 PM of the last calendar day of the specified period of time, unless the last day is Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which event the time limit shall expire at 9:00 PM of the next business day. Any specified period of five (5) days or less shall include business days only. SELLER AND BUYER MUST KEEP EACH OTHER ADVISED OF THEIR WHEREABOUTS TO RECEIVE PROMPT NOTIFICATION. SELLER FINN RIVER LLC By: Its: /~;t!HiiZhrL- BUYER JEFFERSON LAND TRUST :::~~,,~..t 'f 2)';""'&5 z,,~ t'/l'L-- Keith Kisler . Page 8 IJ. 7 INITIALS: BUYER )j',..--r- BUYER SEllER~ SEllER~ Exhibit A Legal Description Parcel A: That portion of the West one half of the Southwest Quarter of Section 26, Township 29 North, Range I West, W.M., Jefferson County, Washington, described as follows: Commencing at the Southwest comer of Section 26; thence, North 02003 '02" East, along the Westerly line of said Section 26, a distance of 1565.00 feet to .the point of beginning; thence . South 89014'58" East, a distance of700.00 feet; Thence, North 02003'02" East parallel to the West line of said Section 26, a distance of 127.70 feet more ore less to a point on the South line of the North 980.00 feet of said Southwest Quarter; Thence, North 89035'51" West, a distance of 162.21 feet more or less to a point on the West line of the East 775.00 feet of said West half of the Southwest Quarter; Thence, North 01006'34" East, parallel with the East line of said West half of the Southwest Quarter, a distance of330.03 feet to a point on the South line of the North 650.00 feet of said West half of the Southwest quarter; thence North 89035 '51" West along the South line of said North 650.00 feet, a distance of 532.47 feet more or less to the West line of said Section 26; Thence, South 02003'02" West along said West line of Section 26, a distance of 453.58 feet more or less to the point of beginning Together with that portion of the Northeast Quarter of the Southeast Quarter of Section 27, Township 29 North, Range I West, W.M., described as follows: Commencing at the Southeast comer of said Section 27; thence, North 02003 '02" East, along the Easterly line of said Section 27, a distance of 1565 feet to the point of beginning; Thence, North 89014'58" West, a distance of 72.03 feet to the Easterly margin of an easement for ingress, egress, and utilities, 60.00 feet in width, as recorded under Jefferson County Auditor's File Number 247377 in Vol. 96, Pages 486 through 487; Thence, North 02003'02" East, along said Easterly margin, a distance of 453.97 feet, more or less to the South line of the North 650.00 feet of said Northeast Quarter of the Southeast Quarter; thence, South 89003' 15" East, along the South ofline of said North 650.00 feet, a distance of 72.03 feet to the East line of said Section 27; Thence, South 02003 '02" West, a distance of 453.72 feet to the point of beginning. Parcel B: The North 400 feet, except the West 120.10 feet, of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range 1 West, W, M, Parcel C: The South 580.00 feet of the North 980.00 feet of the East 775.00 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range I West, W.M.; TOGETHER WITH: The South 250.00 feet of the North 650.00 feet lying Westerly of the East 775.00 feet and Easterly of the West 120.10 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range I West, W.M.; Parcel 0: The West 120.10 feet of the North 400 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 29 North, Range I West, W.M. Also the East 132 feet of the North 400 feet of the Northeast Quarter of the Southeast Quarter of Section 27, Township 29 North, Range 1 West, W.M. All Situate in the County of Jefferson, State of Washington. The Property is situated in t County of Jefferso, tate of Washington, and described as follows: A-I Exhibit B DISCLOSURE OF MATERIAL MATTERS AFFECTING THE PROPERTY B-1 !;~~b!~.t. MEMORANDUM OF OPTION This Memorandum of Option , dated as of the 11- day of MeveA- 2009 is between FINNRIVER LLC and KEITH KISLER and CRYSTIE KISLER, husband and wife ("Seller") and JEFFERSON LAND TRUST ("Buyer"). 1. Property. Seller has granted Buyer an option to purchase a conservation easement restricting land uses and other activities on the real property described in Exhibit 1 , attached, pursuant to that certain Option Agreement For Purchase of Conservation Easement between Buyer and Seller, effective as of March 1, 2009 (the "Option Agreement"). 2. Purpose. This Memorandum of Option is for purposes of recordation and in no way modifies the Option Agreement. 3. Expiration. The Option Agreement expires on or before one year following the effective date of the Option Agreement unless specifically extended by the parties by subsequent recorded memorandum of option agreement. IN WITNESS of the foregoing provisions, the parties have signed this document below: SELLER: FINNRIVER LLC ft",iL ~Jt.-- Jfl/f71,f1frt Date J-ft-o; -1- BUYER: JEFFERSON LAND TRUST 9~'~ Date /7(l:l/l/l~ 1.::2. :P:JC1 ~ I ' -2- STATE OF WASHINGTON ) )55. COUNTY OF JEFFERSON ) On this day of , 2009, before me personally appeared _ , to me known to be the , of FINNRIVER LLC, a Washingtonlimited Iiabilitycompany, and acknowledged the within and foregoing instrument as the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that they are authorized to sign said instrument by said entity. Notary signature Notary name printed or typed NOTARY PUBLIC, State of Washington Residing at: STATE OF WASHINGTON ) )55. COUNTY OF JEFFERSON ) On this day of , 2009, before me personally appeared KEITH KISLER amd CRYSTIE KISLER, to me known to be the imdividuals who signed and acknowledged the within and foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that they are authorized to sign said instrument by said entity. Notary signature Notary name printed or typed NOTARY PUBLIC, State of Washington Residing at: -3- STATE OF WASHINGTON ) ) 55. COUNTY OF JEFFERSON ) On this day of , 2009, before me personally appeared JOANNE TYLER and JANE SOUZON, to me known to be the Vice President and Secretary, respectively, of JEFFERSON LAND TRUST, a Washington nonprofit corporation, and they acknowledged the within and foregoing instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to sign said instrument by the Board of Directors of said corporation. . Notary signature Notary name printed or typed NOTARY PUBLIC, State of Washington Residing at: -4- EXHIBIT 1 LEGAL DESCRIPTION The Property is situated in the County of Jefferson, State of Washington, and described as follows: -5- OC-\ - ~'::;"1 'l-<:'()"C ,'~O," <... ..' '1-. 1<..1",' ........ ....... ....-< ~'~~ ~$'Nl~0"\o JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street. Port Townsend. Washington. 98368 www.jeffersoncountypublichealth.org CONTRACT REVIEW FORM IWQ-09-91 CONTRACT NAME: Assignment of Rights - Purchase of Conservatoin Easement Finnriver Farm Parties: Finnriver LtC and Keith & Cryrtie Kister ak.a Finnriver Farm Jefferson County Term: J'l'-"'''' 'lJ. . 2009 - f1p,f.C-ll A.. 2010 CONTRACT $ AMOUNT Revenue: Expenditure: Matching Funds Required: Source(s} of Match Funds: $0 CONTACT FOR MORE INFORMATION: Contact phone no.: Tami Pokorny x498 DATE REQUESTED: ASAP o A. RISK MANAGEMENT ACTION REQUIRED: [!] Review (Please complete th~/f)~~f ReVJeWed~-----U ~ Approved o Returned for revision (See comments): Date Reviewed: 1~51 /05' o FOlWard for next review by: ASAP o Return 10 JCPH by: o B. PROSECUTING ATTORNEY ACTION REQUIRED: f\ b.J1\fEc o Review Date Reviewed: LJ.b-f) 9 (Please complete the lIowinfR, f' ~dB . U;\J ___ Approved as to form o Returned for revision (See comments): o Forward for next review G] Return to Cathy Avery by: ASAP o r """ ~,~ (This fmm to stay with the contract throughout the contract re'Jiew.) COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAfER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 Regular Agenda ~,,9l'!_c. #~<o~ JEFFERSON COUNTY PUBLIC HEALTH <. ~o" 615 Sheridan Street. Port Townsend' Washington' 98368 "fsJ}Jl"o~ www.jeffersoneountypubliehealth.org December 8, 2009 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Jefferson County Public Health Director Tami Pokorny, Environmental Health Specialist II DATE: December 14, 2009 SUBJECT: Agenda Item - Presentation and Possible Approvals of Assignments of Rights and Resolutions for the Finnriver Farm and Brown Dairy Projects. STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting time for staff, and Sarah Spaeth of the Jefferson Land Trust, to update the Board on two conservation futures projects, Finnriver Farm and Brown Dairy, and to request approval of related Assignments of Rights and resolutions. Both projects have been previously approved for conservation futures and state Recreation and Conservation Office farmland protection funds and the closings are anticipated to occur on December 23, 2009. Water Quality will be returning to the Board on December 21 to request approval of the final conservation easement documents. Approval of the Assignment of Rights would enable Jefferson County to acquire a conservation easement on each property at the previously negotiated price based on appraised values. The resolutions would authorize Water Quality staff to sign other necessary closing documents and provide confirmation to the state that the conservation futures funds allocated to these projects are in the process of being dispersed. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: On July 14, 2008 the BoCC awarded $203,500 from the Conservation Futures Fund towards the acquisition of a conservation easement on Finnriver Farm. On September 28, 2009, matching funds were secured from the Recreation and Conservation Funding Board (RCO #08-1153A) to complete the project. An Option Agreement for Purchase of COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAl N: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAl N: (360) 385-9444 FAX: (360) 379-4487 Conservation Easement Conservation Easement is currently held by the Jefferson Land Trust. The Assignment of Rights assigns all of the rights and obligations under this agreement to Jefferson County. On June 8,2009 the BoCC awarded $77,500 from the Conservation Futures Fund for the Brown Dairy Project. On September 28, 2009, matching funds were secured from the Recreation and Conservation Funding Board (RCO #08-1214C) and additional funds have been raised by the Jefferson Land Trust to complete the project. A Conservation Easement Purchase and Sale Agreement is currently held by the Jefferson Land Trust. The Assignment of Rights assigns all of the rights and obligations under this agreement to Jefferson County. The resolutions are intended to provide the necessary assurances to the RCO that the conservation futures funds awarded to these projects will be in available in escrow before closing and, second, to authorize Water Quality Division staff to sign necessary closing documents. However, the conservation easement documents themselves wili be provided to the BoCC for signature later this month. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no impact to the General Fund for approving these documents. All costs will be covered by grant funds and previously awarded conservation futures funds. RECOMMENDATION: JCPH management recommends that the BoCC hear the presentation and approve the Assignment of Rights documents and resolutions. REVIEWED BY: /d~ (~p Date (Routed to all Public Health Managers) COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: 360385-9400 FAX: 36Q.385-1l401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAl N: 360385-9444 FAX: 360379-4487