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2019/05/07 - Regular Packet
May 7.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 May 7, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Proclamation: National Corrections Officer and Employee Appreciation Week—Cmmr. Trask 4.3 Proclamation: National Police Week—Cmmr. Shutty 5. Open Forum for Citizen Input ( 3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — April 15th , April 22nd and April 29, 2019 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of the Peninsula Regional Transportation Planning Organization (PRTPO) Interlocal Agreement (ILA). 8.2 Approval to post and fill a full time caseworker position for Therapeutic Courts at a Range 10 on the pay scale. 8.3 Approval to execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, June 12, 2019 at 1:00 p.m. to consider public comment on the petition for vacation of a portion of an un-named alley in the Plat of Allyn. 8.4 Approval to set a hearing on Tuesday, May 21, 2019 at 9:15 a.m. to receive public comment and consider sale of the following parcels: 32021-56-02001, 32021-55-02011, and 32021-56-02004. 8.5 Approval of the Public Safety Testing Agreement to provide promotional testing services for the Corrections Lieutenant position. The professional services agreement includes a Work Performance Rating and a Command Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 05/03/19 8:07 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA May 7, 2019—PAGE 2 Skills and Abilities Promotional Test. The amount of the agreement is $6,750, plus associated travel expenses as outlined in the agreement. 8.6 Approval of the Resolution of Intent to form a lake management district for Spencer Lake (LMD #3) for a 10 year period commencing in 2020 and setting a public hearing on Tuesday, June 11, 2019 at 9:15 a.m. pursuant to RCW 36.61.030. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063848-8064053 $ 927,297.99 Direct Deposit Fund Warrant #s 58323-58698 $ 685,104.07 Salary Clearing Fund Warrant #s 7004376-7004402 $ 476,436.00 8.8 Approval of a Memorandum of Understanding (MOU) with the Squaxin Island Tribe for Water Quality work within Shellfish Protection Districts. 8.9 Approval of a Resolution setting the amounts of bonds for Mason County officials, authorizing the Human Resources Department to obtain bonds for County Officials, setting a public officials position schedule bond and creating a Mason County Code. 8.10 Approval to appoint Carl Soper to the Mason County Board of Equalization as an alternate member, for a three-year term ending May 31, 2022. 8.11 Approval of an interim online privacy policy for personally identifiable information until superseded by countywide adopted or amended policy. 8.12 Approval of the resolution setting the salary of the elected Sheriff at 5% above that of the Undersheriff and the salaries of the Auditor, Assessor, Clerk, Coroner, and Treasurer(Elected Officials) to that of the highest paid Mason County Commissioner effective January 1, 2020 and thereafter. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider public comment on the sale of surplus parcel no. 32105-50-23000. Staff: Frank Pinter 10.2 Public Hearing to consider approval of the resolution to submit a ballot proposition on the August ballot to enact the .3% Public Safety Sales Tax. Staff: Frank Pinter 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-05-07 REG.doc C��,r� _. MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraides Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: May 7, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent liquor license applications for North Mason Coalition of Churches and Community held at The Hub 111 Old Belfair Hwy, Belfair and Harstine Island Community Club held at Harstine Island Community Hall 3371 East Harstine Island Rd North, Shelton. 4.1.2 Gerald Frye sent in letter regarding Lake Cushman Home Owners Association (HOA) roads. 4.1.3 Federal Emergency Management Agency sent Letter of Map Revision based on Fill (LOMR-F) Determination Document. 4.1.4 Received a letter of interest from Kaye Massie to serve on Mason County Cemetery District #1. 4.1.5 Russell Sackett sent in an application for Mason County Historic Preservation board. 4.1.6 Jeff Bickford sent in an application for Parks and Trails Advisory Board. 4.1.7 Forterra sent in Notice of conservation easement acquisition of property in Mason County (RCO application #19-1533). 4.1.8 William Bezanson bought it an application for Civil Service Commission. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk � P 9youp WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 TO: MASON COUNTY COMMISSIONERS April 16, 2019 RECEIVED SPECIAL OCCASION #: 094636 APR 19 2019 NORTH MASON COALITION OF CHURCHES AND COMMUNITY 124 NE RIVERHILL DRIVE Mason County BELFAIR WA 98528 Commissioners DATE: MAY 7, 2019 TIME: 4 PM TO 7 PM PLACE: THE HUB - 111 OLD BELFAIR HWY, BELFAIR CONTACT: MONNA HAUGEN (DOB: 12.20.41) 360-275-6217 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume yo; have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO ` If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE cc: CMMRS Neatherlin, Shutty&Trask Clerk WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 FAX:360-753-2710 EMAIL:specialoccasions@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS APRIL 15, 2019 E l `'W LJ SPECIAL OCCASION #: 070739 APR 1�9 2Q HARSTINE ISLAND COMMUNITY CLUB Maso aunty 3371 E HARSTINE ISLAND RD N COR11711SS1Or1@fS SHELTON WA 98584 DATE: MAY 25, 2019 TIME: 4 PM TO 8 PM PLACE: HARSTINE ISLAND COMMUNITY HALL - 3371 E HARSTINE ISLAND RD N, SHELTON CONTACT: ANNE STRATHAIRN (DOB;10/17/1951) (360) 426-5629 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE cc: CMMRS Neatherlin, Shutty &Trask Clerk April 19,2019 APR 22 2019 TO: Kevin Shutty, Mason County Commissioner, District 2 Mason CountyCommissioners FROM: Gerald Frye SUBJECT: Lake Cushman Home Owners Association(HOA) Roads Dear Chairman Shutty: My name is Gerald Frye and I'm a resident/member of the Lake Cushman Home Owners Association. I've been corresponding with the Federal Energy Regulatory Commission (Wash, D.C.)concerning their FERC License and Tacoma Power Utilities(TPU).As you are aware,the License deals with the North Fork Settlement Agreement.The main reason for my correspondence was the use of private HOA roads for public access to TPU's facilities and,the HOA liability involved.The roads are funded only by HOA member's dues.While reviewing the road issue (by reading the FERC Permit and the EIS) it became apparent that other issues also warranted review.Attached is a copy of my next letter and should give you some idea of my concerns. If you would like to hear more about my saga please feel free to contact me. Thank You, Jerry safefrye@q.com (509)891-6304 April 19, 2019 1 TO: Kimberly D. Bose, Secretary-- Federal Energy Regulatory Commission FROM:Gerald R. Frye, Lake Cushman Home Owners Association (HOA) Member SUBJECT:Allegations of Non-Compliance, Project No.460-093—Washington,Cushman Hydroelectric Project, City of Tacoma Dear Ms. Bose: This letter addresses concerns related to my original correspondence to the Commission as well as Tacoma Power Utilities(TPU) letters and the Commission's letters concerning the above subject. Because my previous letters did not address TPU's contention that a major portion of Division 9 Park can be used by the public(I was not aware of that issue), I am taking this opportunity to address it along with several other previous concerns.TPU and the Commission state that Article 18 of the FERC License allows"...the public shall be allowed access to Project waters adjacent to Project lands for recreation....." [TPU's January 25, 2019 letter, page 3, item (3)]. 1 am going to start from the beginning, as I know it. In the early 1960's a land developer convinced the City of Tacoma to allow development of recreation property at Lake Cushman,"... on lands determined to be not essential to continued effective utility service.." which subsequently led to the"99 year" lease and the Home Owner s Association. And, the lease stipulates that TPU retained the following rights"...to use the waters and the beds of the lakes and the land between the applicable contour line and the shores of the lakes ...".The elevation in question for Lake Kokanee, as the Commission has indicated, is 482 ft. And, under the lease stipulation PROPERTY DESCRIPTION items it states"...the following rights shall belong exclusively to the City of Tacoma, its successors and assigns". (a) "To raise the waters within said reservoir at any time and from time to time to the elevation of the applicable contour line above sea level, and to draw it down to any level...". (b) "To construct, maintain, repair, renew,operate, enlarge or extend its electrical utility system, which shall include generators,transmission,and distribution facilities...". 2 (c) "To dredge the lake bottom at any time at any place in order to increase the storage capacity of the lakes or to remove any minerals..".These stipulations do not mention or authorize public use of this area for sun bathing, swim dock, playground use, etc. What ever happened to Due Process?Therefore, Article 18 should have been subject to easements, reservations, restrictions and agreements of record that are recorded in Mason County,Washington (same as requirement for"Saltwater Park", FERC License Exhibit B-3). Sounds like Regulations without HOA representation. As you are well aware,this troubling applicable contour line is also present on Lake Cushman. The FERC License, EIS and other TPU documents address at various times the Lake Cushman HOA "Private" Parks. Such as EIS Section 4.6.5, "Four Private residential parks are located along Lake Cushman". EIS Section 3.7.2, "Both project reservoirs have private shoreline parks for residents of the Lake Cushman subdivisions".All parks were transferred to the Lake Cushman Maintenance Company (HOA) on September 1, 1977 and are recorded in Mason County. North Fork Skokomish Hatchery, Contractor Staging Area Site Drawing Note: "Area is reserved for Lake Cushman Maintenance Company (LCMC) park use". Not to change the subject but, North Fork Salmon Hatchery Site Drawing 11-0O2 (construction sequence No. 11) reads"Remove existing utilities,signs, kiosks...from site...". Sorry to bring this up again but the old kiosk was never replaced.TPU's so-called kiosk amounts to several signs attached to the HOA Private Park fence (not even a map of Lake Kokanee). The only meaningful sign that address Lake Kokanee is Mason County's boating regulations. Now,there are a number of homes on Lake Kokanee with TPU/State/County approved boat docks. And the docks are below the 482 ft. elevation. I bet these home owners will be excited when they find out about TPU's plans about Public use. Also, I have an email (Dated 1/04/18)from TPU's environmental employee discussing the fence between the HOA park and the Public Boat launch stating"... if LCMC wants to extend the fence (to keep the public out of the HOA park)TPU will work with LCMC as needed...".Plus,a TPU Reservoir Operations Q and A (dated 7/16/2014)concerning the HOA fence "... we would not oppose the Lake Cushman Maintenance Company should they desire to extend the fence to further limit public access to the park..". So,do TPU's comments about Article 18's public use of the park make any sense after reading the above information? While I am on the subject of public use of Division 9 Park, I will try to paint a picture of the larger issue of public use in the Lake Cushman Area. Lake Cushman Area has become so popular in the last few years because of its clean fresh-water lakes, boating,fishing, camping, scenery, hiking trails, etc. And, they are also in close proximity to Seattle and other metropolitan areas and the population want's to enjoy the outdoors.As the boating and fishing aspects go,there are no public boat launch facilities at Lake Cushman. The only public access to the lake is via the Skokomish Park(old state park).The park cannot accommodate everyone.That is why there is congestion and parking on the shoulders on SR 119.The Lake Cushman Resort was not open last summer.TPU was unable to get someone to bid on a new lease. The public has used the resort for years to launch boats.TPU has closed up, and gated 3 the property.Also,the local utility company has disconnected electrical service so it won't be open this summer either. When TPU built the dam they did not foresee the future public use requirements. Now they are in a dilemma on what to do. If TPU opened the old resort and make it a "Public Access" point it would alleviate some of the recreation pressure. It has been my opinion all along that TPU doesn't want any responsibility or any public liability concerning their project lands,access roads, etc.That is why the old resort is closed.Also,that is the same reasoning they are trying to push the public on the HOA Division 9 park.They just don't know what to do with all the public.TPU should begin accepting their responsibilities. I might add that the FERC License requirement for constructing the new Big Oak Campground also added to the congestion.That is why the local residents should have been involved in the FERC License and EIS comment period,they are very familiar with the lack of sufficient public access. The following are a few statements concerning the Lower Lake Road and the HOA residents. My letter date January 25, 2019 indicated that the roads in the HOA development are private roads. And,the lease described in my letter authorized TPU and their contractors access over the roads. I have no disagreement with that.The discussion has only been the use of Lower Lake Road by the public. And, if TPU would accept the road responsibility everything would be fine.TPU indicates they have the right for the public to use the road. But,they didn't say what authorizes the use and neither did the Commission. My last letter indicated all the reasons the road is not suited for heavy, long term, public use that the Commission's FERC License authorized.As previously indicated,the road does not meet Mason County standards, especially for the major public use over the next 50 years authorized by the FERC License. Attached is another accident photo (Exhibit A)that was taken on the road in question and was the initial reason I started this correspondence. As you can see there is no center line,fog lines or guard rails.This incidentally is one of the better sections of the road. TPU has indicated they haven't received any complaints about the road conditions. Maybe they should provide a phone number at the Public Boat launch if they are interested in knowing what the public thinks about the road.TPU also indicates that school buses use the road down to the fish hatchery. Only their"out of the area"school field trip and invited group buses use it.The local school buses DO NOT. They turn around at the top of the hill and parents pick up the children from there.The Mason County Transit buses do not go down the hili either.The roads were built by TPU's agent during the early stages of the development.They were private roads constructed on private land ("as built" roads). And,TPU's contractor never installed any road "safety notification type signs".So,for TPU to indicate it's a great public road for current and future use because no one has complained is irresponsible, especially after seeing all their safety slogan signs around their Project, such as"Safety is a team sport". I guess the HOA is not part of their team.Also, my last letter described, in detail, all the major changes in vehicle traffic since the "99 year" lease was signed. 4 The following information and sources are available for TPU and the Commission to verify the condition of the roads and other significant information in the HOA development. 1. Michael Sexton, Fire Chief, Mason County Fire District# 18, phone (360)490-2225.The Fire Department is located within the HOA development. The following is wording from the EIS, section 4.9.1 "Once the recreation facility modifications are completed, the project would use essentially the same type and level of services as currently required from Mason County. NEW RECREATION FACILITIES WOULD NOT CREATE ANY NEW RISKS OR CREATE ANY NEW DEMAND FOR FIRE PROTECTION OR EMERGENCY MEDICAL SERVICES...". By this statement,you get the feeling that the Fire District was never contacted for EIS input either. I am sure the Fire Chief would be willing to talk to you about the roads, the above statement, and#2 below. 2. Washington State Patrol,Shelton Office, phone (360)426-6672. In the summer months the Patrol is occupied with the influx of vehicles/boat trailers parking on the shoulder of State Route 119 (runs along Lake Cushman) because there is not enough parking spaces within the park.The area in question is adjacent to Skokomish Park. Also, the traffic backs up over one half mile to get into Park on weekends, etc.. And, some weekends it takes up to one half hour for the HOA residents(and all other traffic)to get past the entrance of the park to get to their homes in the upper Divisions(1,2,3). On the weekends, the State Patrol even requires traffic control measures. When emergencies occur further up SR 119 (Big Rock and Staircase areas) it is close to impossible for emergency response to arrive in a timely matter. 3. Washoe County Sheriff's Office, Shelton, Washington, (360)427-9670.The Sheriff's Department is very familiar with all of the concerns of the HOA residents.The officers know very well the challenges of driving in the rain and dark due of to lack of road center/fog lines and street lights. 4. Mason County, Department of Public Works Road Department, Shelton WA, Phone (360)427-9670, ext.450.The roads do not meet Mason County road standards. What concerns me is TPU's inability to openly accept that their facilities have generated more public access and liability to the area than ever imagined when the "99 year" lease was signed. Especially after statements like this in the EIS Section 4.7.1.2 states, "Enhanced angling opportunities could attract more anglers to public access sites and place greater demand on those existing sites along reservoirs, river and delta.." My letter dated December 20, 2018 covered even more of my concerns about the public use increase.The following are some of TPU's numbers.Table 3-10 estimated number of visitors. N0. 2 Dam and Lake Kokanee,visitors per day: 25-100. Public Boat Launch,visitors per day: 25-50. And that was in 1987.You can imagine the increase in 2019.During the Cushman Hydro Project Public Meeting on December 6, 2018(at the local Fire Hall) I asked how many people visited the new fish hatchery in the last year.The hatchery manager stated they don't keep records of single individuals visiting the site but,there were at least 100 groups of 5 or more. Don't get me wrong.The local 6 question in my last letter. If this is true,there has been a great disservice to the HOA residents(citizens). And, now the Dam gates have opened and it's too hard to get the water back.As my last letter indicated, I was unable to locate any mention of the HOA development, member comments, etc. in the FERC License or the EIS. I believe the Commission has reinforced TPU's belief of"we own the land, and can do anything we please" by not requiring TPU to provide more detailed information concerning the "99 year" lease. And, I might add to the detriment to the HOA residents.The"99 year' lease is a legal, signed and recorded contract. If I am wrong, please tell me about the Public Meetings and what the comments were, plus what newspaper and Federal Register they were advertised in (Please accept this letter as my official request for that information).Of all the "public"that should have been provided sufficient notification and ample time to comment on the project, it is the HOA residents. I say this because the HOA development is spread-out along the two lakes and is intertwined among all of TPU's project facilities. My letter writing campaign addressing my concerns at Lake Cushman are my own. If or when the HOA Board decides to address some of the same issues is up to them.Also, there are other HOA members that have similar ideas that may surface in the future. Oh, one last comment. I contacted the commission in good faith and have never received any follow up letter from the commission.The only way I found the correspondence between the commission and TPU was to connect to your agencies"eLibrary".Therefore, I would appreciate some response concerning this letter. Sincerely, Gerald R. Frye safefrve@q.com (509) 891-6304 cc: Mr.Tim Sheldon,Washington State Senator, District 35 Mr. Dan Griffey,Washington State Legislator, District 35 Mason County Commissioners--Shelton,WA Lake Cushman Maintenance Company—General Manager ,- Q `s cc: CMMRS Neatherlin, Shutty& Trask oF4A�F� Clerk, Federal Emergency Management Agency s ME4� Washington, D.C. 20472 April 17,2019 THE HONORABLE RANDY NEATHERLIN CASE NO.: 19-10-0199A CHAIR,BOARD OF COMMISSIONERS COMMUNITY: MASON COUNTY, WASHINGTON MASON COUNTY (UNINCORPORATED AREAS) 411 NORTH 5TH STREET COMMUNITY NO.: 530115 SHELTON,WA 98584 DEAR MR. NEATHERLIN: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Revision based on Fill (LOMR-F) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500,Alexandria,VA 22304-6426. Sincerely, Luis V. Rodriguez,P.E.,Director Engineering and Modeling Division Federal Insurance and Mitigation Administration LIST OF ENCLOSURES: LOMR-F DETERMINATION DOCUMENT(REMOVAL) cc: State/Commonwealth NFIP Coordinator Community Map Repository RECEIVE® Region Mr.Art Tozier APR 2 2 2019 Mason County Commissioners Page 1 of 2 Date: April 17, 2019 Case No.: 19-10-0199A LOMR-F ?ART Federal Emergency Management Agency Washington, D.C.20472 �qND SES' LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT REMOVAL COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION MASON COUNTY,WASHINGTON A portion of Section 15, Township 21 North, Range 4 West, (Unincorporated Areas) Willamette Meridian, as described in the Statutory Warranty Deed recorded as Document No. 593668, on Reel 635, Frames 639 and COMMUNITY 640, in the Office of the Auditor, Mason County,Washington The portion of property is more particularly described by the following COMMUNITY NO.:530115 metes and bounds: NUMBER:5301150180D AFFECTED MAP PANEL DATE: 12/8/1998 FLOODING SOURCE:SKOKMISH RIVER PPROXIMATE LATITUDE&LONGITUDE OF PROPERTY:47.308580,-123.184321 OURCE OF LAT&LONG:LOMA LOGIC DATUM:NAD 83 DETERMINATION OUTCOME 1%ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SUBDIVISION STREET REMOVED FROM FLOOD FLOOD GRADE ELEVATION SECTION THE SFHA ZONE ELEVATION ELEVATION (NGVD 29) NGVD 29) (NGVD 29 - -- -- 401 West Bourgault Portion of C -- -- 30.4 feet Road West Property Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in anv given year(base flood). ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) LEGAL PROPERTY DESCRIPTION PORTIONS REMAIN IN THE SFHA STUDY UNDERWAY This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the described portion(s) of the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy(PRP)is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information exchange (FMIX) toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500,Alexandria,VA 22304-6426. Luis V.Rodriguez,P.E.,Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Page 2 of 2 Date: April 17, 2019 Case No.: 19-10-0199A LOMR-F J.O@QA/stir Federal Emergency Management Agency U� Washington, D.C.20472 lgND SEG LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) LEGAL PROPERTY DESCRIPTION (CONTINUED) COMMENCING AT THE QUARTER CORNER BETWEEN SECTIONS 15 AND 16, TOWNSHIP 21 NORTH, RANGE 4 WEST, W.M.; THENCE S 04° 33'42" E ALONG THE SECTION LINE, 20 FEET; THENCE N 85° 26' 18" E, PERPENDICULAR TO THE SECTION LINE, 325 FEET; THENCE S 01° 32' 54"W, 146.36 FEET, TO THE *TRUE POINT OF BEGINNING ; THENCE N 85° 26' 26" E, 125.14 FEET; THENCE S 07° 14' 28" E, 98.10 FEET; THENCE S 81° 46' 36" W, 57.98 FEET; THENCE N 84° 46 20"W, 39.83 FEET; THENCE N 78039' 27"W, 44.15 FEET; THENCE N 020 13' 24" E, 83.41 FEET TO THE *TRUE POINT OF BEGINNING. PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. STUDY UNDERWAY(This Additional Consideration applies to all properties in the LOMR-F DETERMINATION DOCUMENT(REMOVAL)) This determination is based on the flood data presently available. However, the Federal Emergency Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency,Engineering Library,3601 Eisenhower Ave Ste 500,Alexandria,VA 22304-6426. Luis V. Rodriguez,P.E.,Director Engineering and Modeling Division Federal Insurance and Mitigation Administration cc: CM MRS Neatherlin, Shutty&Trask From: Clerk Sent: Tuesday, April 23, 2019 8:24 AM To: 'diz@co.mason.wa.us' Subject: MC Cemetary District Hi Diane I have attended a couple of meetings of the local Cemetery District and would be interested in working with the group. I think my experience working at Mountain View Cemetery in Tacoma would be and advantage to pass on to the group here. Thank you and I hope you will consider me in serving the cemetery group here and I would love learning more about our local cemetery. RECEIVED Sincerely, f. APR 232019 Mason County Kaye Massie Commissioners cc: CMMRS Neatherlin, Shutty&Trask RECEIVE® Clerk ,l AICk�) °paha MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET APR 2 4 2019 SHELTON WA 98584 Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 Commissioners I AM SEEKING APPOINTMENT TO Mason County Historic Preservation Commission NAME: Russell Sackett ADDRESS: PHONE: 360- CITY/ZIP: VOTING PRECINCT: WORK PHONE: Belfair/98518 -Tahuya EMAIL: (OR AREA IN THE COUNTY YOU LIVE) ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Dept of Navy (retired)- 10 YRS POSITION: Historical Architect COMPANY: AK SHPO-9 YRS POSITION: AK State Architectural Historian ------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Purpose of the Commission is to perform its duties as a Certifier) Local Government(CIG) under the National Park Services' CLG program. To promote the identification, preservation and rehabilitation of historic properties(consisting of archaeological and histudc sites and distdcts, buildings, sttuctuies, landscapes, and objects as defined by the National Register of Historic Places)within Mason County. To provide public guidance on preservation of historic properties. To dentify potential conflicts between land use and preservation of significant cultural resources along with What interests, skills do you wish to offer the Board, Committee, or Council? I have over 311 years of experience in the field of historic preservation This experience has been as an archaeologist, historic architect, and architectural historian. I have a working knowledge of the laws and regulations that govern the fieldof historic preservation. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Quarterly Monthly X Weekly Daily Office Use Only /411a Lthlc�� 04/21/19 Appointment Date Si ature Dete Term Expire Date 22 April 2019 Mason County Commissioners 411 North Fifth Street Shelton,WA 98584 Dear Commissioners: This is to express my interest in serving on the Mason County Historic Preservation Commission (MCHPC). I am retired from over 30 years of working in the field of historic preservation originally as an archaeologist and later as a Historic Architect. I have enclosed an application for a position on the MCHPC along with my work experience. I have experience in serving on historic preservation commissions in Fairbanks, AK and El Paso, TX along with having served eight years as a Board of Advisor for the National Trust for Historic Preservation representing the state of Alaska. I look forward to the opportunity to serve on the MCHPC. Sin rely, #"C'a 4� Russell Sackett Belfair, WA 98528 RUSSELL H. SACKETT EMPLOYMENT 2010-2019t Historical Architect, Naval Facilities Engineering Command-Northwest, Silverdale, Education Washington. In support of the Navy Region Northwest Environmental • Penna. State University: Assoc. Program Manager,provided oversight and overall program in Drafting and Design management for cultural resources programs at Northwest Tech.1969 Navy installations in Washington,Oregon, Alaska, Idaho, • Elizabethtown College,PA.: North Dakota, and Minnesota. Identified future B.S. Sociology/Anthropology requirements and used these projections to develop cultural 1974 resources program budgets. Determined work load items • University of Alaska, that could be accomplished in-house or that should be Fairbanks: Graduate Studies contracted. Reviewed status of cultural resources program Anthropology 1975-78 implementation at Northwest Navy installation to • University of Colorado: determine conformance with cultural resources M.A.Architecture 1984 regulations, executive orders, and both Navy and Department of Defense policies. Worked with installation staff to resolve deficiencies, implement new policies, and provide cultural resources program information to the Address/Phone chain of command. Established goals, led the establishment of local policies,and developed and initiated cultural resources inventory and record-keeping Belfair,WA 98528 procedures for the protection and preservation of historic Home Phone: 360- properties in the Navy Region Northwest area of (cell) responsibility. Insured cultural resources program email: implementation supported regional and installation specific Environmental Management System and Environmental Quality Assessment programs. Areas of Expertise Planed,coordinated and directed field investigations in the field of cultural resources management, history, and historical architecture using accepted professional • Sections 106/110,National standards and methods and expert knowledge from the Historic Preservation Act field of history and historical architecture. Studies require • Cultural Resources familiarity with related disciplines, e.g. archeology, Management Plans architecture,geography,community planning,etc.and the • National Register of Historic ability to coordinate to ensure these areas are adequately Places covered. Conducted or managed historical property • Historic Architect inventories,prepares sketches or maps of historic and other • Architectural History cultural resources features, and produces photo • HABS/HAER Documentation documentation. Coordinated investigations and studies with state, local, and federal agencies, Native American groups, appropriate Navy installation representatives, License other technical personnel,and members of the public when appropriate. Registered Architect(Retired), State of Alaska#8137 For contracted projects,served as the Contracting Officer's technical representative and project manager to ensure preparation of technically adequate, timely and cost- effective environmental planning and cultural resources products and services. Prepare statements of work and independent Government cost estimates and is the cc: CM RS Neatherlin,Shutty&Trask Clerk J ���� ` Ar)rjY-' COa+Y RECEIVED MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET APR 2 6 2019 SHELTON WA 98584 Fax 360-427-8437, Voice 360-427-9670, Ext. 419,275-4467 or482-5269 Mason County "w Commissioners I AM SEEKING APPOINTMENT TO Parks&Trails Advisory Board NAME: Jeff Bickford ADDRESS: PHONE: 503- CITY2IP: Union VOTING PRECINCT: P227 WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: -------------------------------------------------------------- - ....---------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) Mason County foTd' asoter aBveEsRoSHryIP ommittee COMPANY: Current) retired-3 yrs. _ YRS POSITION: COMPANY: Marion County, OR-25 yrs YRS POSITION: Environmental Services Div. Manager -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The role of the Board should be to examine and discuss various issues related to parks,trails, and recreational opportunities within Masorl County, arid then to maKe recommendations to the Mason County Board of Commissioners Mr their consideration. What interests, skills do you wish to offer the Board, Committee,or Council? In my previous employment as the Environmental Services Division Manager for Marion County, Oregon, County Parks was one of e programs under my responsibility, om budgeting to supervision of parks stafr it staffis an area that I have much interest in personaI1yaAwell- as my wife and I get nut often to Annoy our nuhlir.lands _ Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Quarterly X Monthly Weekly Daily Office Use Only QY — -- , -7019 Appointment Date Signature Date Term Expire Date I From: Jeff Bickford < To: <JGiraldes@co.mason.wa.us> Date: 4/25/2019 6:32 PM Subject: Mason County Parks &Trails Advisory Board Attachments: Mason County Parks Advisory BoardApplication - Bickford.pdf Good morning I saw the article in the Shelton-Mason County Journal regarding openings on the Parks & Trails Advisory Board for citizens from either District 2 or 3. 1 live in District 2 (Union). I have attached an application to join this group for the consideration of the Board. Thank you for your time. Jeff Bickford10 WA 98592503- cc: CMMRS Neatherlin, Shutty&Trask Clerk RECEIVED APR 2 9 2019 >>> Jordan Rash <irash()forterra.org> 4/25/2019 5:11 PM >>> Mason County Dear Mason County Board of Commissioners: Commissioners In 2016, Forterra presented before the Board a proposal to conserve an 816-acre property along Little Skookum Inlet near Kamilche through the purchase of a conservation easement. Forterra has since secured over$1.5 million in public and private funding to complete this project, and continues to seek additional funding needed to close on this keystone transaction later this year. As part of this effort, Forterra is seeking additional funding from the State of Washington-Washington Wildlife and Recreation Program (WWRP) to protect the property as a working forest. Additional details about the project are attached for your reference. Attached is the required "local jurisdiction notice" as part of our grant proposal to the State. Attached along with the notice is a draft map of the project area that we will propose to the State Recreation and Conservation Office. Note that the area outlined in yellow represents only a small portion of the 816 acre property, and that the exact property outline is subject to revision pending engagement with the seller, Port Blakely. I am happy to provide the final map to you within the next couple of weeks, once it is available. Forterra is working closer and closer toward completing the conservation of this productive and critically-important working forest property later this year. Once completed, we would appreciate the opportunity to host you on the site to celebrate its conservation after years of hard work. Stay tuned for details. If you have any questions about Forterra's proposal, the grant application process, the conservation project itself, or Forterra's work in Mason County, please do not hesitate to ask. Thank you, and I hope to connect with you soon. Sincerely, Jordan M. Rash Senior Conservation Director Forterra I Land for Good 1119 Pacific Avenue, Suite 1300 Tacoma, WA 98402 901 Fifth Avenue, Suite 2200 Seattle, WA 98164 T 253-274-5673 1 M 253-254-8798 1 W forterra.org<http://www.forterra.org/> JOIN US APRIL 301 FORTERRA ANNUAL BREAKFAST<forterra.org/breakfast> Connect with us online: Facebook<https://www.facebook.com/ForterraNW> Twitter<https://twitter.com/forterraNW> I Instagram<http://www.in stagram.com/forterranw> Linkedin<http://www.linkedin.com/company/forterra> I Subscribe to our enews<http://forterra.org/take-action> FORT&RRA FOR THE PEOPLE.FOR SND.FOREVER. April 25,2019 Mason County Board of Commissioners 411 N 5th St Shelton WA 98584 Subject:Notice of conservation easement acquisition of property in Mason County(RCO application#19-1533) Chair Shutty and members of the Mason County Board of Commissioners: I am writing to inform you that Forterra is applying for a grant through the Washington Wildlife and Recreation Coalition(WWRP)Forestland Preservation account to purchase a conservation easement encumbering approximately 165 acres of productive forestland near Kamilche Point.If awarded,this grant funding would support the permanent conservation of this working forest.A parcel map depicting the subject property is attached for your reference. As you may recall,the Board of Commissioners supported this project in 2017, which helped Forterra to secure more than$1.5 million in public and private funding.Forterra is seeking additional state funding from WWRP to move closer toward conserving the entire property—816 acres in total—which includes the 165 acres depicted in Forterra's 2019 WWRP proposal. Project description:This project will result in the purchase of a conservation easement encumbering approximately 165 acres of working forestland near Kamilche Point along the southern shore of Little Skookum Inlet.The property provides forest products to local mills from Aberdeen to Olympia,generating dozens of local jobs in the process.In addition,the property protects the adjacent marine waters that generate millions in annual economic activity from the production of shellfish by local growers.Conserving the property would result in acquisition of approximately 17 development rights,pending certification during IAIN OFFICE the transaction due diligence process. �EATTLE.WA 98164 State statute,RCW 79A.15.110,requires that we notify the local legislative body of Forterra's intent to apply for a state grant to acquire real property utilizing WWRP funding administered by the Washington State Recreation and fjo 292 5907 Conservation Office(RCO).This letter fulfills that obligation. The law states that the local legislative authority may,at its discretion,submit a letter to the RCO identifying its position with regard to the acquisition project. Any letters received will be made available to the governor and the state legislature when the prioritized project list is submitted as part of the RCO's capital budget request. i I The law also states that we must"confer"with local officials on this acquisition. Please let Forterra know if you and/or your staff are interested in doing so,as well as the appropriate contact to arrange such a discussion. If you have any additional questions or require further information about this proposal,please contact me directly at(253)254-8798 or at jrash ,forterra.org. Thank you. Sincerely, /orda�nM.Rash Senior Conservation Director 2 attachments � r � � O 4_ yellow � .v �• _• 1� e Little Skookum Inlet 2013 Aerial Imagery r Hydrography 0%, River or Stream Transportation County Roads c . Squaxan Island' FORTGRRA - .:Reservation �� b9014 corj . ote ason o oard of o issioners a pressed support for 201 grant applications to conser a entire 1 -acre property. November 8,2016 The 2019 application builds toward a successful conser ation of the sa a property,but co pletes it in phases. Washington State Department of Fish and Wildlife 1854 Attn:Jay Krienitz 600 Capitol Way N. Olympia,WA 98501-1091 MASON COUNTY BOARD Dear Mr.Krienitz: OF COMMISSIONERS The Mason County Board of Commissioners is pleased to submit this letter of support for the proposed conservation of an 816 acre property along Little Skookum Inlet in Mason County.The property has approximately two miles of Is District marine shoreline along the inlet,as well as three salmon-bearing creeks that RANDY NEATHERLIN enter the inlet from the property.The inlet itself has some of the most productive shellfish-growing aquatic land in the entire state,and is a major 21 District contributor to our local economy. TIM SHELDON Mason County has a rich natural resource heritage starting with the timber 3"'District industry 150 years ago.That heritage lives on in our working forests,and TERRI JEFFREYS extends to our productive shellfish beds.In fact,one third of the shellfish aquaculture workforce in the state hails from Mason County,and contributes millions of dollars in economic activity locally every year. Mason County Building I Forterra's proposal to protect this property along Little Skookum Inlet helps to protect that heritage by ensuring that the property not only stays forested, 411 North Fifth Street thereby protecting the water quality of the inlet and protecting salmon habitat, but also that it can continue to be managed for timber harvest consistent with Shelton,WA 98584-3400 the Mason County critical areas ordinance.This is a creative solution to conservation that not only protects and improves habitat and water quality,but (360)427-9670 ext.419 also ensures that the county's natural resource heritage will continue for (360)275-4467 ext.419 generations to come. (360)482-5269 ext.419 Given the significant pressure our marine environments face as a result of development and changing ecological conditions,we strongly support Forterra's Fax (360)427-8437 efforts to conserve this property for future generations.Please consider supporting funding to complete this important work for the communities, economy,and environment of Mason County and the South Puget Sound region. Sincerely, BOARD OF MASON COUNTY COMMISSIONERS "- Terri Je Tim Sheldon Randy Neatherlin Chair Commissioner Commissioner 8 cc: CMMRS Neatherlin, Shutty&Trask DECEIVE® Clerk) ,, oe°N °pa.�, MASON COUNTY COMMISSIONERS APR 3 0 2019 411 NORTH FIFTH STREET SHELTON WA 98584 — _ Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 /854 Commissioners I AM SEEKING APPOINTMENT TO ! U V, U CP 1^'L NAME: (SCJ i L ! A 1/v1 '2. Y�" 0 5 b vL /, ADDRESS: /— , � PHONE: 366) CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: �_ V'' 1 ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) CTIVI IE OR EMByS) \ C� Y� ��� �� S✓YRS d y (�✓� t o I�� 10A A � COMPANY: 6 C l Y1 C U�,�l1J\ C ) V l 5 a 0 C e�uw�; A t,u OSITION: C1.)LjLK L, ) v 1� COMPANY: YRS AT; T (TION: -- Do4� -_ TT _/ Pfd ,� ---� - - 1- - -----4--4---------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are Pp lying: What interests, skills do you wish to offer the Board, Committee, or Council? IM. IA-1- W )�� iJ�DV i 1� CO y n l J�ti � V-5 6 0 6- C? k,D d4- S Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? '!' S Realistically,how much time can you give to this position? Q arterly Weekly Daily Office Use Only Appointment Date Signature Term Expire Date co A 1854 Proclamation National Corrections Officer and Employee Appreciation Week — May 6 -12 Whereas, correctional officers are trained professionals dedicated to maintaining safe correctional facilities and ensuring public safety; and Whereas, correctional officers and employees are responsible for the custody, care, and rehabilitation of thousands of inmates every year, as well as the maintenance of safe and secure facilities; and Whereas, correctional officers and employees serve admirably in many different capacities, including jail deputies, supervisors, administrators, nurses, chaplains, social workers, teachers, cooks, and contractors. Whereas, correctional officers and employees teach, train, mentor, counsel, and treat thousands of offenders; and Whereas, correctional officers and employees provide inmates with direction, hope, and a new focus while assisting with reentry and life outside corrections; and Whereas; correctional officers and employees rise to meet any challenge and serve this honorable profession nobly and admirably; and Whereas, correctional officers and employees deserve the recognition for their service and should be commended by leaders in the profession, the public and our elected officials for the tremendous job they do and the exceptional performance of duties under the most difficult circumstances; and now Therefore, be it proclaimed by the Mason County Board of Commissioners, the week of May 6 -12 is National Corrections Officer and Employee Appreciation Week and we commend all those who currently serve in the corrections profession, those who have served and those who have given their lives in pursuit of this most honorable profession. Dated this 7th day of May, 2019. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner CO a�T 1854 PROCLAMATION NATIONAL POLICE WEEK— MAY 13 -20 WHEREAS, Congress and the President of the United States have declared May 15, 2019 as"Peace Officers' Memorial Day" and the week in which it falls as "National Police Week"; and WHEREAS,There are approximately 900,000 law enforcement officers serving in the communities across the United States, including the dedicated members of the Mason County Sheriffs Office, Shelton Police Department, Skokomish Indian Tribe,Squaxin Island Indian Tribe, Washington State Patrol, Washington Department of Fish and Wildlife, Washington Department of Corrections and other state and federal agencies; and WHEREAS,the members of our law enforcement agencies play an essential role in safeguarding our community; and WHEREAS, it is important for all residents to know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agencies, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting against violence and disorder,and by protecting the innocent and most vulnerable among us; and WHEREAS,the service and sacrifice of officers killed in the line of duty should be honored, remembered and recognized during this dedicated week and throughout the year; NOW,THEREFORE the Mason County Board of Commissioners call upon residents of Mason County to observe the week of May 13-17, 2019 as National Police Week recognizing all law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities. BE IT FURTHER RESOLVED,the Mason County Board of Commissioners call upon residents to observe May 15, 2019 as"Peace Officers Memorial day"to honor law enforcement officers who have made the ultimate sacrifice in service to their community or have been disabled in the performance of their duties, and recognize and pay respect to the survivors of all fallen law enforcement officers. Dated this 7th day of May, 2019 BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of April 15,2019 Monday,April 15,2019 9:00 A.M. Review of Budget Advisory Committee's Recommendations&Reserve Policy—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Frank reviewed the Power Point that he presented last Monday reviewing the recommendations from the 2018 Citizen Budget Advisory Committee. Also included in the presentation were the recommendations from the 2014 Public Safety and Criminal Justice Task Force. These two committees made two identical recommendations-support the efforts of campaign committees for a levy lid lift and create a Metropolitan Park District. Summary:multi-year lid lift max revenue is$4.5M,needs voter approval;levy shift max revenue is$3.2M,no voter approval necessary;the formation of a MPD saves the County about$490,000 and requires voter approval;fee review should generate$275,000 annually;Criminal Justice Tax levy$4M/year and$25M in six years,requires voter approval;Public Safety Sales Tax at 3% generates$.1,2M annual and requires voter approval;outsource Juvenile Services could save $690,000 and requires Courts and professional review. May 10 is the deadline to provide a resolution to the Auditor for the August ballot;for the November ballot,the deadline is August;for any sales tax increase,75 day lead is necessary to DOR. Cmmr.Neatherlin noted that the recommendations include tax increases and do not include any cuts and he hopes the County can live within its means. Frank noted the citizen committee did review all mandates for the various county departments and concluded that the departments can barely keep up with the mandates. The Board will review any recommendations they wish to make at next Monday's briefing. There has been no discussion with the City regarding the MPD. Cmmr.Neatherlin stated he leans towards the criminal justice sales tax(3/10 of 1%)but wants to be mindful this funding may be needed for the operation of a new jail facility. Cmmr. Shutty agreed and believes this can be addressed if this is moved forward. 9:45 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Traffic Diversion Update—Frank Pinter/Chief Ryan Spurling/Diane Sheesley CRAB has reviewed the purchase of patrol vehicles with Traffic Diversion dollars and it has been determined that vehicles can be purchased this way and the vehicle has to be tracked for the life of the vehicle to show the amount of time the vehicle is used for Traffic Diversion. If this is not tracked and spent appropriately,RAP funds would be in jeopardy. Chief Spurling stated they estimate that 75%of the time for these vehicles is used for Traffic Diversion and the 25%would be funded by Current Expense. It's estimated that Current Expense will owe about$7,800. The numbers will be trued up in November. • Frank provided information regarding the Elected Official's salary. Frank understands the recommendations from last week's briefing are to move elected officials salaries to the same as the Commissioners and continue to review the elected official's salaries to comparable counties. For the Sheriff,set the salary at 5%above the Undersheriff. There is an option to link the salaries to the State Citizen Salary Commission that sets the Superior Court Judge salary. There is also an option to create a Local Citizen Salary Commission. Frank stated other counties that have created a Local Citizen Salary Commission have not continued to convene the Commission. Cmmr. Neatherlin asked why set one elected official(Sheriff)salary to the staff below them;he likes allowing the citizens having a say in elected official salaries;there will be a 31%increase to the Sheriff salary if it is set 5%above the Undersheriff and he asked how it would compare to other counties—Frank will bring that information back. Cmmr.Neatherlin wants to also consider other factors of the comparable counties such as population and staff under the elected official. Cmmr.Neatherlin voiced concern if the salary structure is set favoring one elected official. There was a discussion of a Local Citizen Salary Commission. The structure is established in RCW. This Commission would set the Commissioners' salary and can be asked to make a recommendation for other elected officials. Cmmr. Shutty explained the structure of the State Citizen Salary Commission and how it functions and he pointed out it is not based on a Seattle CPI. Board of Mason County Commissioners'Briefing Meeting Minutes April 15,2019 Cmmr.Trask wants to be certain the Sheriff salary is set to attract competent candidates and is comparable to other counties. This will be briefed again next week. • Recommendation for Building 10 RFQ. Ross,Kelly and Frank reviewed the three submitted RFQ's and interviewed the top two along with Judge Steele and Patsy Robinson.The recommendation is to award to KMB. • Award of RFQ for the joint Criminal Justice Facility Study will be on tomorrow's agenda. • Property offer for 160 E Panorama Drive for$3,600. Counter offer of$4,500. • Frank presented the Appraisers 2019—2021 CBA that is on Tuesday's agenda. • Jennifer presented the impact to 2019&2020 budgets due to budget amendments. The 2019 budget impact to the General Fund is$208,045 and$315,680 to 2020 budget. Cmmr.Neatherlin confirmed the CSO position was eliminated and asked if all positions have been filled. Jennifer will make sure the positions have been filled and can make any adjustments in the June budget hearing. These numbers do not include the CBA increases. • Jennifer provided information for the Budget Adoption Process/Calendar including the option to hold the budget hearing in October. Jennifer's recommendation is continue with the December budget hearing timeline. Cmmr. Shutty stated an earlier deadline could also impact levy certification. The Commissioners would like to continue with the December budget adoption process. Biennial budget—Jennifer recommends holding off until the 2021 budget. Cmmr. Shutty stated that to address the concern of spending down the biennial budget in the first year,the budget authority could be defined in the adopting resolution. • Board of Equalization applicants for a regular position and adding a 2nd alternate. Reappoint Janice Loomis and interview Carl Soper for alternate position. • A joint meeting with City of Shelton agenda topics—EDC lobbying efforts;Railroad Avenue gateway project;expand utilities to Capital Hill;ballot initiatives- 3/a of 1%ballot initiative and Metropolitan Park District. Cmmr. Shutty and Frank will meet with City staff to establish an agenda and meeting date. 10:15 A.M. Sheriffs Office—Chief Dracobly Commissioners Shutty,Trask and Neatherlin were in attendance. • Chief Dracobly presented a Cost Reimbursement Agreement between the Seattle Police Department and Mason County Sheriffs Office to reimburse personnel training and travel to 2019 Crimes Against Children Conference that will be placed on the agenda for approval. 10:30 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Board of Health interviews will be May 8 in a Board of Health special meeting. • WA State Quality Award Application for an independent assessment of its quality management, accountability and performance system. This requirement applies to any eligible organization that receives over$500,000 from local housing surcharges(document recording fees). • Request to replace Environmental Health Specialist was approved. • Alex presented information for updates to the Onsite Sewage System Maintenance Tracking System(Carmody).There would be no cost to the county and there is a$3 charge per report to the landowner. Alex will look into how to move to the new system. • Dave provided a building permit activity report. • Staffing issues—one Planner and one Building Inspector will be out on family leave and coverage will be provided by existing staff. They will be advertising for the Plans Examiner position. • Dave provided information on how Montana deals with solid waste in remote areas which are drop boxes in fenced areas. Dave will meet with Green Diamond,the Forest Service and other interested entities for a collaborative effort in dealing with trash. • Staff is going through abatement process for a house on South Shore. • Cmmr.Neatherlin stated he wants to make sure property owners are notified when there is permit activity on a property;staff is working on the gravel pit on North Shore;he asked for updates on the MTA building in Belfair. 10:45 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. Board of Mason County Commissioners' Briefing Meeting Minutes April 15,2019 • Request to approve County Road Project#2019,Romance Hill—Belfair Freight Corridor Connector and authorize Public Works to go through a RFQ process for a consultant to design the railroad crossing and design the connection point to SR3 approved to move forward. • 2019 Federal Highways Bridge Program grant proposal. Public Works has a letter from PUD 3 to partner for this grant to change the lighting on the Hartstine Island bridge to LED. The grant request will include funding for a polyester concrete overlay for the bridge. • 2019 WSDOT Highway Safety Improvement Program grant request will include safety improvements throughout Mason County. • The County submitted a Request for Qualifications from the MRSC Roster and four proposals were received for the design of the Belfair Sewer extension to Puget Sound Industrial Center (PSIC)project. The County review committee members selected Kennedy Jenks as the top firm. • Rate analysis for Beards Cove and Rustlewood was provided based on meter usage. County Code will need to be changed. The intent is to send notices out before new rates would be implemented. • Letter to WSDOT regarding the SR 3 Freight Corridor coordination has been drafted by staff. • Port of Bremerton email received that they were unhappy because they were not part of the ILA regarding the PSIC project.Public Works will make sure they are included. The existing ILA with the City of Bremerton may be changed to include the Port. • Public hearing to declare the Public Works parcels(corner of Highway 101/102)as surplus will be on Tuesday and Cmmr.Neatherlin recommended they be authorized to list for sale. Timber cruise has been completed for Eells Hill and Loretta will forward the information. 11:15 A.M. Lewis Mason Thurston Area Agency on Aging Advisory Council Interview Commissioners Shutty,Trask and Neatherlin interviewed William Bezanson for the Lewis Mason Thurston AAA. Commissioner Discussion • Cmmr.Trask provided information on mandates and will bring forward an op ed for review and edits. • Post Office Park—Post Office is planning to remove tree and gazebo and she is planning to send letters to Congressional representatives. Cmmr.Neatherlin asked if this could be done at the request of the City of Shelton. Sharon will bring back more info. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Shutty,Trask and Neatherlin met in Executive Session with Tim Whitehead from 12:00 p.m.to 12:05 p.m.for a litigation matter. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met in Closed Session with Frank Pinter from 12:05 p.m.to 12:55 p.m.for labor discussion. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of April 22,2019 Monday,April 22,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Trask and Shutty were in attendance. • Review of Budget Advisory Committee's Recommendations&Reserve Policy continued from April 15 briefing—Frank said that a public hearing would be necessary and suggested holding it May 76'in order to make the May 10th cutoff in order to make it on to the August ballot.The Board held a brief discussion and agreed to move forward. • Review of Elected Officials salary continued from April 15 briefing—Frank noted three options: in 2020 move the elected salary to that of the Commission and then link from that point forward to grow with the Commission.Option two is maintain a separation and link the Sheriff's salary to 5% above the salary of the Undersheriff.Option 3 would be to invoke a Citizen Salary Commission to recommend the BOCC salary levels for Commissioners and elected officials. o Cmmr.Neatherlin asked the Chair to consider a Salary Commission to give the people the chance to have a say in the process. He noted we have worked hard with our unions to have parity and to give elected officials a larger raise than what is in the CBA would be a slap in the face;to give an extreme raise to one elected official would be harder to accept. o Cmmr.Trask voiced concern with the difficulty attracting qualified people in the future.She is most concerned with the Sheriff position. She has talked to other counties and believes that other counties will also be increasing elected official salaries. She then said she would like to see option one and two implemented. o Cmmr.Shutty said that based upon the data from comparable counties,options one and two are not out of line. This issue has been unaddressed for a couple of years. He appreciates the attempt to connect this to a union issue,which includes dozens of employees,and this is not done to disrespect those employees. o Cmmr.Neatherlin stated if option 2 is implemented,that makes Mason County's Sheriff the 2nd highest paid in the comparable counties. The Sheriff salary would be closest to Skagit County's Sheriff salary and that county is twice our population and budget;Island County is 15%bigger in budget and population. He doesn't see any justification for this Sheriff salary increase. o There was a discussion among the Board members on the options. o Frank confirmed he was given the green light for options one and two and said he would move forward. • Review of budget process(biennial budget)continued from April 15 briefing—Jennifer Beierle spoke about the required policies and procedures that need to be in place,along with the challenge Munis is presenting with holding a second year budget. • Jennifer reviewed the March 2019 Financial Reports. • The Commissioners approved moving forward the Certification of Sponsor Match form with the Washington State Recreation and Conservation Office(RCO)for the replacement and upgrading of the irrigation system at Mason County Recreational Area(MCRA). • Property offers for surplus property—481 E Panorama Drive,80 E Ashwood Lane and 441 E Panorama Drive were accepted to move forward for the current offers. • Public Safety Training contracts were approved to place on agenda for approval. • News Release for Civil Service vacancy is on the April 23 agenda. • Selection of County's Associate Development Organization(ADO)approved to place on the April 23 agenda. • Request from Veterans Advisory Board to enter into a lease with North Mason Resources to provide office space for a Veteran Service Officer in the north end of the county. Lease amount is $350 per month effective May 2019 and will be placed on the April 23 agenda. 10:00 A.M. Community Services—Dave Windom Commissioners Neatherlin,Trask and Shutty were in attendance. • Dave reported the South Sound Business magazine is doing a feature piece on Mason County. Dave is meeting with Thurston County Public Health regarding their contract. • A draft of the Online Privacy Policy has been sent to Information Technology and Public Works for review. Support Services recommends this be reviewed by the Audit Committee and apply it to the website for county wide coverage. In the mean time,the Commissioners are good with Community Services placing on their website page as an interim policy. Board of Mason County Commissioners' Briefing Meeting Minutes April 22,2019 • Review of the building permit report. • Cascade Pacific Action Alliance for Medicaid transformation projects contract amendment will be placed on the April 23 agenda. • All permits for water adequacy will be processed by upstairs staff to simplify the process. • All staff training day is this Friday and Community Services will be closed to the public. 10:30 A.M. BREAK 10:35 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Trask and Shutty were in attendance. • Staff presented the 2019 Annual Bridge Report which will be submitted to CRAB. • Interlocal agreement with Skokomish Indian Tribe for ER&R services for their 10 vehicles.Cyndi said that without the Shop Assistant position filled,it will be difficult to take on additional workload. She has requested to fill her Shop Assistant position but it has been on hold. Loretta noted that the Shop Assistant position is a small part of the ER&R rate and would like to'get it filled. There will be a briefing on the status of ER&R in the next couple of weeks. The Commissioners are good with the ILA,but would like to table for a week to have a better understanding of the status of the ER&R and Shop Assistant. • Loretta reported they have had a lot of community outreach regarding Romance Hill—Belfair Freight Corridor Connector project and approval of the CRP is on the April 23 agenda. Information will be provided on the project at tomorrow's meeting. Included in the agenda item is a Request for Qualifications for a consultant in order to obtain the railroad permit from the Department of Navy. 11:00 A.M. Juvenile Services-Jim Madsen Commissioners Neatherlin,Trask and Shutty were in attendance. • Request to apply for a Victim's of Crime Act(VOCA)Grant that requires a 20%match which can be covered by the CASA grant. If they obtain the grant,it will support the hiring one full time Volunteer Coordinator. Jim can sign the grant application and the Board approved moving it forward. If awarded,there will be a grant agreement for Board approval. 11:15 A.M. Interview for Board of Equalization Commissioners Neatherlin,Trask and Shutty interviewed Carl Soper for the alternate position on the Board of Equalization. Commissioner Discussion • The Board agreed to appoint Carl Soper as alternate to BOE. • There was a brief discussion of ER&R.There will be a briefing on May 6. The meeting adjourned at 11:30 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager S%e e BOARD OF MASON COUNTY COMMISSIONERS Ne Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of April 29,2019 Monday,April 29,2019 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Shutty,Trask and Neatherlin met in Executive Session with Tim Whitehead and Frank Pinter from 9:00 a.m.to 9:30 a.m.to discuss potential litigation issues. 9:25 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Recommendations from Lodging Tax Advisory Committee(LTAC)are to extend the contract with Northwest Event Organizers(NEO)for tourism development/festival support and issue a request for proposals for Visitor Information Centers(VIC). Also to reappoint the current LTAC members. Rachel Hanson,NEO,presented a report on the tourism work that included her goals. The Commissioners agreed to extend the NEO contract,issue an RFP for the VIC's and reappoint the LTAC members. • Resolution of Intent for Lake Management District for Spencer Lake will be placed on the May 7 agenda. • The Commissioners agreed to place the resolution on the agenda setting the amounts of bonds for Elected Official/Position Bonds. • Counter offer for parcel 32021-56-01013, 160 E Panorama Drive,for$4,000 was approved to move forward. • Proclamations for May 7 agenda-Correction Officer/Employee Week(week of May 6) and National Police Week (week of May 13) were approved. • Interlocal Agreement(ILA)with Peninsula Regional Transportation Planning Organization(PRTPO)will be placed on the May 7 agenda. • Cmmr.Trask drafted an Op-Ed regarding unfunded mandates. Cmmr.Shutty will review and edit with the goal to send to The Journal for the May 9 edition. 10:15 A.M. Therapeutic Courts—Judge Finlay/Bob Sauerlender Commissioners Shutty,Trask and Neatherlin were in attendance. Court Commissioner Sauerlender reported Therapeutic Courts received a 5-year grant at $250K-$300K per year with no match for Family Recovery Court(FRC)services. Request is to post and hire for a FRC caseworker which was approved. The total grant award is$1.4M over 5 years. It was noted that Mason County has the highest dependency filings per capita. Bob stated they owe the success of this grant to contracting with a grant writer who worked with Rene. 10:25 A.M. BREAK 10:30 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to set public hearing with the Hearings Examiner to consider Road Vacation #397 for a portion of un-named alley in the Plat of Allyn. This is by order of law. The Board agreed to set the hearing. • Short term road closures for culvert replacement work on Pickering Road and Purdy Cutoff Road were approved. • Request to move forward with a partnership with PUD 3 for a lighting project on Harstine Island Bridge. This will not be part of the Bridge Program Grant request. Justin Holzgrove from PUD 3 presented an interlocal agreement(ILA)for the bridge lighting project that Public Works will bring forward for approval. • Cmmr. Shutty noted the Belfair Sewer received$2M in the capital budget. Board of Mason County Commissioners'Briefing Meeting Minutes April 29,2019 • The Public Works surplus parcels located at comer of Highway 101 and 102 are now listed for sale. 10:45 A.M. Economic Development Council—Jennifer Baria Commissioners Shutty,Trask and Neatherlin were in attendance. • Jennifer Baria presented a 2019 Top 50 Mason County Employers report. EDC is working with Olympic College and the school district to develop programs for the workforce to earn various trade certificates. In May,Karin will report on the business retention project. The EDC is updating their website. EDC is working with a hotelier and has shown them around the County. They may be scheduling a meeting to discuss logistics. Commissioner Discussion Cmmr.Shutty reported the joint City/County meeting will be on June 11 at the Civic Center. The meeting adjourned at 11:30 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: May 7, 2019 Agenda Item # g Commissioner staff to com tete BRIEFING DATE: April 29, 2019 BRIEFING PRESENTED BY: Cmmr. Neatherlin [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Peninsula Regional Transportation Planning Organization (PRTPO) Interlocal Agreement (ILA) Background: The Peninsula Regional Transportation Planning Organization (PRTPO), a separate legal entity, originally established in 1990 and hereby re-established, encompasses the territory physically lying within the counties of Clallam, Jefferson, Kitsap and Mason Counties as authorized by chapter 47.80 RCW and chapter 468-86 WAC. Voting membership in the PRPTO shall be open to the following public agencies within the boundaries of the PRTPO: all county and city governments, all federally recognized tribes, all port districts organized under title 53 RCW, all transit districts organized under chapter 36.57A RCW, and the WSDOT Olympic Region. Current voting membership belongs to each of the public agencies who have executed this Agreement. New voting members may be added by the execution of this Agreement when approved by the Executive Board The purpose of the PRTPO is to fulfill the legislature's intent to have local jurisdictions, tribes, and the state come together for coordinated transportation planning and to have an interconnected and coordinated transportation system that achieves both statewide and local transportation goals. Cmmr. Neatherlin is Mason County's representative on the PRTPO Executive Board in 2019. Budget Impacts: None RECOMMENDED ACTION: Approval of the Peninsula Regional Transportation Planning Organization (PRTPO) Interlocal Agreement (ILA). Attachment(s): ILA INTERLOCAL AGREEMENT for the PENINSULA REGIONAL TRANSPORTATION PLANNING ORGANIZATION THIS AGREEMENT is made and entered into by and between the undersigned public agencies to establish and jointly participate in the Peninsula Regional Transportation Planning Organization(PRTPO),pursuant to provisions of the Interlocal Cooperation Act of 1967, chapter 39.34 RCW, and the Growth Management Act, chapters 36.70A and 47.80 RCW. Recitals WHEREAS,the undersigned public agencies recognize the need and desirability to participate in a forum for cooperative decision making by elected officials of said agencies in order to implement a comprehensive regional transportation planning process; and WHEREAS,the undersigned public agencies adopt transportation plans; and WHEREAS, the Growth Management Act authorizes establishment of Regional Transportation Planning Organizations through the voluntary association of local governments within a county, or geographically contiguous counties; and WHEREAS, it is the belief of the undersigned public agencies that state and regional transportation planning should receive policy direction from all affected governments and special purpose districts and major employers; and WHEREAS,the undersigned public agencies are authorized and empowered to enter into this agreement pursuant to RCW 47.80.020 and chapter 39.34 RCW; and WHEREAS,the undersigned public agencies recognize that the Interlocal Agreement(ILA) establishing the PRTPO in 1990 needs to be reviewed and updated to conform to current law and practices, and that now is an opportune time given the impending change of the Lead Planning Agency. This 2019 ILA fully replaces and supersedes the 1990 ILA. NOW THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: Agreement 1. Organization and Membership The Peninsula Regional Transportation Planning Organization(PRTPO), a separate legal entity, originally established in 1990 and hereby re-established, encompasses the territory physically lying within the counties of Clallam,Jefferson, Kitsap and Mason Counties as authorized by chapter 47.80 RCW and chapter 468-86 WAC. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement- 1 Voting membership in the PRPTO shall be open to the following public agencies within the boundaries of the PRTPO: all county and city governments, all federally recognized tribes, all port districts organized under title 53 RCW, all transit districts organized under chapter 36.57A RCW, and the WSDOT Olympic Region. Current voting membership belongs to each of the public agencies who have executed this Agreement.New voting members may be added by the execution of this Agreement when approved by the Executive Board. Nonvoting membership is authorized and encouraged to facilitate cooperative regional transportation planning. Nonvoting membership shall be open to community organizations, employers and other public agencies that are not voting members.Nonvoting membership shall be as approved by the voting membership in accordance with the Bylaws. 2. Purpose and Authority The purpose of the PRTPO is to fulfill the legislature's intent to have local jurisdictions,tribes, and the state come together for coordinated transportation planning and to have an interconnected and coordinated transportation system that achieves both statewide and local transportation goals. To accomplish these purposes,the PRTPO shall have the following authority and duties, as established by chapter 47.80 RCW: A. Provide a forum for cooperative decision making by the region's elected officials in order to bring about a continuous and comprehensive transportation planning process. B. Foster cooperation and collaboration among local, state and tribal governments throughout the region. C. Maintain an ongoing transportation strategy for the region and coordinate actions of local and state government so that we may make the best use of our land, air,water and energy resources and overcome the problems of waste and pollution. D. Develop and adopt a Regional Transportation Plan that is consistent with countywide planning policies,with county and city transportation plans, and with state transportation plans. E. Certify that transportation elements of comprehensive plans adopted by Clallam, Jefferson, and Mason Counties and cities therein are consistent with the Growth Management Act and with the PRTPO's Regional Transportation Plan. Also, where appropriate, certify that their countywide planning policies adopted under RCW 36.70A.210 and the adopted Regional Transportation Plan are consistent. F. Develop a six-year Regional Transportation Improvement Program(RTIP) for areas within Clallam,Jefferson and Mason counties that proposes regionally significant transportation project and programs and transportation demand measures. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-2 G. Develop a Coordinated Transit-Human Services Transportation Plan and include specific opportunities and projects aimed to advance special needs coordinated transportation. H. Designate and direct a lead planning agency to coordinate preparation of the Regional Transportation Plan and carry out other responsibilities of the PRTPO as set forth in the Bylaws. I. Provide assistance to others to develop level of services standards or alternative transportation performance measures and review those standards of GMA counties and cities to promote a consistent regional evaluation of transportation facilities and services. J. Foster and facilitate cooperation and coordination between other regional transportation planning organizations and metropolitan planning organizations. K. Foster transportation facilities which encourage economic growth and stability for the region. L. Provide assistance and information to public agencies in their preparation of local transportation plans. 3. Organization Structure The PRTPO shall have the following structure as set forth herein and as further described in the Bylaws. A. Executive Board. An Executive Board is hereby established to be the governing body of the PRTPO. All voting members shall have representation on the Executive Board as described in the Bylaws. B. Transportation Policy Board. A Transportation Policy Board is hereby established to provide policy advice to the Executive Board on regional transportation issues as provided by RCW 47.80.040. Composition of the Transportation Policy Board shall be determined as provided in the Bylaws. C. Technical Advisory Committee. A Technical Advisory Committee is hereby established to provide technical advice to the Executive Board on all matters that may come before the Board. Composition of the Technical Advisory Committee shall be determined as provided in the Bylaws. D. The Executive Board may establish other committees as needed to perform the duties of the PRTPO as provided in the Bylaws. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-3 4. Bylaws Bylaws shall be adopted to carry out the purpose and objectives set forth herein and shall, at a minimum, include schedules and rules for meetings as well as voting structures for the PRTPO and any board or committee thereof. The Bylaws shall initially be adopted by a majority vote of the total members of the organization and shall be amended as provided for in the Bylaws. 5. Lead Planning_Agency The PRTPO shall designate a Lead Planning Agency to perform the duties required by chapter 47.80 RCW and such other duties as assigned by the Executive Board. The duties of the Lead Planning Agency shall include, but not be limited to,the following: provide staff support and coordination for the Executive Board,the Transportation Policy Board and the Technical Advisory Committee; hire, supervise and administer personnel, contractors and consultants as directed by the Executive Board; and provide such information, data, inventories and services as may be necessary to carry out the purposes of the PRTPO. 6. Fiscal Agent The PRTPO shall designate a Fiscal Agent to perform the financial duties as assigned by the Executive Board. These may include, but are not limited to,the collection and disbursement of funds for the purposes of the organization and the provision of information, data, and services as may be necessary to carry out the financial obligations of the PRTPO. At the Executive Board's discretion,the Fiscal Agent may be the same entity as the Lead Planning Agency. 7. Financing The PRTPO shall be financed in a manner as provided for in the Bylaws and through such local, state, federal, and/or private funding as becomes available. The PRTPO, or the Lead Planning Agency on behalf of the organization, is authorized to apply for such federal, state or private funding of any nature as may become available to assist the PRTPO in carrying out its purposes and functions. 8. Bud et The Lead Planning Agency shall develop a budget which will meet the anticipated expenses of the PRTPO for the coming budget year. The Lead Planning Agency shall submit the proposed budget to the Executive Board for review and comment. 9. Insurance The Executive Board shall procure insurance sufficient to provide adequate coverage for the obligations and liabilities of the PRTPO. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-4 10. Duration This Agreement is perpetual unless a member decides to withdraw from the PRTPO pursuant to Section 11 or the members agree to dissolve the PRTPO pursuant to Section 12 of this Agreement. 11. Withdrawal from the PRTPO Any member shall have the right to withdraw from the PRTPO and this agreement by giving six months written notice to the Executive Board. The remaining members agree that such withdrawal will not absolve them of responsibility for meeting fmancial and other obligations of annual contracts or agreements of the PRTPO. Further, such withdrawal will not affect the continuation of the PRTPO unless the requirements of RCW 47.80.020 are no longer met. 12. Dissolution of the PRTPO The PRTPO may be dissolved at any meeting of the Executive Board by a majority vote of all voting members, so long as all voting members were provided at least six months written notice of the proposed dissolution, or as otherwise provided for in the bylaws, and all voting members were provided an opportunity for comment on the motion. Upon dissolution of the PRTPO, all liabilities, costs, expenses, and charges validly incurred shall be resolved. If any funds or assets of the PRTPO remain, such shall be returned as provided by law or contract, or distributed as determined by the Executive Board. The debts, liabilities, and obligations of the PRTPO shall not constitute a debt, liability or obligation of any member. 13. Binding effect The undersigned public agencies agree that this Interlocal Agreement is binding and that each will use their best efforts for coordinated and cooperative transportation planning. All tribes expressly agree to a limited waiver of their sovereign immunity for the sole and limited purpose of committing to the terms and obligations of this Interlocal Agreement. 14. General Terms A. Severability. If any provision of this Agreement, or its application to any person or circumstance is held invalid by a court of competent jurisdiction,the remainder of the Agreement or the application of the provision to other persons or circumstances is not affected. B. Counterparts. This agreement may be signed in multiple counterparts, each of which shall be considered the same as an original. C. Publishing. In accordance with RCW 39.34.040, this Agreement shall be made available on the PRTPO website. Peninsula Regional Transportation Planning Organization 2019 Interlocal Agreement-5 IN WITNESS WHEREOF,this Interlocal Agreement shall have the full force and effect from and after this 7d'day of May, 2019. BY THE SIGNATURE OF THE UNDERSIGNED PUBLIC AGENCY, IT AGREES TO BE BOUND BY THE TERMS OF THE 2019 INTERLOCAL AGREEMENT OF THE PENINSULA REGIONAL TRANSPORTATION PLANNING ORGANIZATION. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty,Chair ATTEST: Melissa Drewry,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Sharon Trask,Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Amber Finlay, Superior Court Judge Action Agenda _X_ Robert Sauerlender, Court Commissioner Public Hearing Other DEPARTMENT: Therapeutic Courts EXT: _296 COMMISSION MEETING DATE: May 7, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: April 29, 2019 BRIEFING PRESENTED BY: Robert Sauerlender, Renee Cullop [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Therapeutic Court Caseworker FRC Expansion BACKGROUND: Therapeutic Courts was award an FRC expansion Grant. Within the grant was a new FT FRC caseworker position (Range 10). RECOMMENDED ACTION: Approval for posting and hiring of the above stated position. BUDGET IMPACTS: None ATTACHMENT(S): Award letter WGrant\Commission Agenda Item Summary Template.doc Notice of Award SAMHSA Family Treatment Drug Court Issue Date: 04/24/2019 Department of Health and Human Services x Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment Grant Number: 1 H79TI081939-01 FAIN: H79TIO81939 Program Director: Robert Sauerlander Project Title: Mason County Family Recovery Court Expansion 2019 -2024 Organization Name: COUNTY OF MASON Business Official: Renee Cullop Business Official e-mail address: ReneeC@co.mason.wa.us Budget Period: 05/31/2019—05/30/2020 Project Period: 05/31/2019—05/30/2024 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $225,593 (see"Award Calculation" in Section I and "Terms and Conditions" in Section III) to COUNTY OF MASON in support of the above referenced project. This award is pursuant to the authority of PHS Act, Title V, Section 509; 42 U.S.0 290bb-2 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants"then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the`Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Eileen Bermudez Grants Management Officer Division of Grants Management See additional information below Page-1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda Phil Franklin ROW Agent DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: May 7, 2019 Agenda Item # BRIEFING DATE: April 29, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Road Vacation #397 — Set Hearing Date w/Hearings Examiner EXECUTIVE SUMMARY: Public Works received a request to vacate a portion of an un-named alley in the Plat of Allyn from adjoining property owners Barry &Vicki Betsinger. Mrs. Betsinger's family has owned multiple properties next to the alley since before the 1900's; she and her husband would like to have the un-named alley vacated so they can remodel the current old house and add a detached garage. The un-named alley is located south of Drum Street. (See Attached Map). Mrs. Betsinger's family has taken care of the alley area by mowing and landscaping for many years. This alley has never been maintained by the county or any other known property owner nor has it been used as a roadway. Further, the alley is considered vacated pursuant to RCW 36.87.090 of Vacation by Operation of Law. Public Works is recommending the Commission formally vacate the alley. An Engineer's Report has been prepared for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements in favor of Mason County for PUD #3, the water service serving this area and any other utilities present in the vacated right of way. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, June 12, 2019 at 1:00pm to consider public comment on the petition for vacation of portion of an un-named alley in the Plat of Allyn in Mason County Washington. ATTACHMENTS: Engineer's Report Hearing Notice Exhibits A-C MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: May 1, 2019 TO: Mason County Hearings Examiner FROM: Phil Franklin, Right of Way Agent, for Diane Sheesley, County Engineer Cc: Loretta Swanson, Interim Deputy Director/Public Works SUBJECT: ENGINEER'S REPORT—ROAD VACATION FILE NO. 397 Vacation of a portion of an unnamed alley South of Drum Street between blocks 6 and Block 7 of the Plat of Allyn Background: Vicki & Barry Betsinger have petitioned for vacation of a portion of an unnamed alley in the Plat of Allyn that lays South of E. Drum Street and between Blocks 6 and 7 of the Plat of Allyn. Mrs. Betsinger inherited adjoining properties that her family has owned and maintained for several generations. The request to vacate is a mere act to clean up the title of three properties that have the same family ownership. The vacation would remove an encumbrance that would affect the owner's ability to construct a new structure on the western-most property which abuts State Route 3. The Plat of Allyn was recorded and the roads and alleys dedicated to Mason County in 1889. This alley was never maintained by the county or any other known property owner nor was it used as a roadway. Further, the alley is considered vacated pursuant to RCW 36.87.090 of Vacation by Operation of Law. This RCW states: Any county road, or part thereof, which remains unopen for public use for a period of five years after the order is made or authority granted for opening it, shall be thereby vacated, and the authority for building it barred by lapse of time: Provided, that this section shall not apply to any highway, road street, alley or other public place dedicated as such in any plat, whether the land included in such plat is within or without the limits of an incorporated city or town, or to any land conveyed by deed to the state or to any county, city or town for highways, roads, streets, alleys, or other public places. Per Mason County Code, this alley is classified as a Class A alley/road and the right-of-way is an easement. No compensation is required for Class A Roads/Alleys with the exception of the administrative costs of the vacation action. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of-way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: Page 1 of 2 1. The road is classified as "Class A" per MCC 120.040 and no compensation for fee simple interest or appraisal is due prior to vacation. 2. The proposed vacation area is not deemed rnecessary to'preserve for the County road system for the future. 3. PUD #3 has a utility pole located within the requested vacation area and the petitioners understand that access to this utility pole will not vanish and that PUD may have access to it at any time. The petitioners also understand that there is a community water service line in this area of requested vacation and that the company that services this water supply line may have access at any time also. 4. A driveway is located within the area of the vacation but this driveway is used by the petitioner and there is no need for any access agreement. 5. The public will benefit by this action, since it will clear title, add the vacated area to the tax rolls and relieve the county of liability. 6. The Betsinger's have paid in full the required administrative fee of$500.00. Public Notice Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation Public Works recommends the vacation of the unnamed alley South of E. Drum Street and between blocks 6 and 7 in the Plat of Allyn as petitioned, subject to existing easements for ingress and egress for any other purpose, if any, and, in accordance with RCW 36.87.170, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. Hearing Examiner Options 1. Find that this vacation meets the standards established by state law and recommend the vacation be granted as petitioned and/or as recommended by the County Engineer. 2. Find that this vacation fails to meet the standards established by state law and recommend the vacation be denied. 3. Finding that only part of the vacation as petitioned or recommended by the County Engineer complies with the law, develop recommendations to grant the compliant portion and deny the other. Attachments: • Exhibit Al thru A7- Petition • Exhibit B1 thru B6—Maps and Aerials showing area to be vacated • Exhibit C—Legal Description of area to be vacated • Exhibit D1 thru D3 -Approval letters from Other County Departments Page 2 of 2 RESOLUTION NO. VACATION FILE NO.397 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF A PORTION OF AN UN-NAMED ALLEY SOUTH OF DRUM STREET BETWEEN BLOCK 6 AND BLOCK 7 OF THE PLAT OF ALLYN WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: All that portion of the "Town of Allyn", per Plat recorded in Volume 1 of Plats at Page 17, records of Mason County, Washington, described as follows: An un-named alley lying south of Drum Street between Lots 7, 8, 9 and 10 of Block 6 and Lots 8, 9 and 10 of Block 7 of said Plat of"Town of Allyn". Excepting therefrom the westerly 10 feet of said un-named alley laying east of Lot 7 Block 7 of said Plat of"Town of Allyn". WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, June 12, 2019 at 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of said portion of un-named alley in the plat of Allyn. DATED this day of 12019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Commissioner Tim Whitehead, Ch. DPA Assessor Auditor Randy Neatherlin, Commissioner County Engineer Petitioner Post no later than 5/9/19 (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 397 JOURNAL—Publish 2t: 5/16119—5/23/19 (Bill Public Works) October 21, 2018 To: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W. Public Works Drive Shelton, Washington 98584 From: Vicki L. Betsinger P.O. Box 314 Allyn, Washington 98524 To Whom it May Concern: I am submitting this Petition for Vacation of County Road for an old alley which used to run just to the west of my residential parcel #12220-50-06009 and my son's (Nicholas Biskeborn) parcel #12220-50-06007. These parcels, plus others in the area were purchased a couple of years before 1900 by my great-grandfather, Frank Raisoni. Through the years, they were deeded to my grandfather,Victor Raisoni,then my mother, Lucille Raisoni Amacher, and finally now to me, Vicki Amacher Betsinger and to my son, Nicholas Biskeborn. As my husband, Barry Betsinger and I will be moving to parcel #12220-50-06009 sometime next year, we would like to incorporate this old vacated alley to our respective properties still in our family, and half of the alley (approximately 10'x40') to parcel#12220-50-07001. This old vacated alley will be used as part of our residential parcels. We understand that the 20' wide vacated alley is also an easement for the Port of Allyn water supply line and to PUD#3 for a power pole and will respect this easement. Access will be granted to either entity at any time it is needed. We have tried to contact the owner of record of parcel#12220-50-07001,Andy Lehde, via telephone (last known number 360-509-5412)and have sent a letter to Progressive Management, Inc., a Nevada Corporation at P.O. Box 222 in Bremerton, Washington 98337. To date,we have received no return calls. Please start the attached request for Petition to Vacate at your earliest convenience. Thanks for your prompt attention, Vicki and Barry Betsinger Exhibit -Al MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o:Mason County Public Works Department 100 W.Public Works Drive Shelton,WA 98584 We,the undersigned,being owners of the majority of the frontage of the below-described county road,hereby petition the Board of Mason County Commissioners for vacation of the following described county road: Road Name: Road Number: 67900 Description of road right of way to be vacated: �o1A �f �' 'c��"%2 � r tJU /yXg 40;ln uG T�F Sf1 rCTN 1590�1,�..�� � Plat Name: Recording Date: Section: 20 Township: _22 Range: _l WWM Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION, PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County,Washington. II That contact information,signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE q PROPERTY/PARCEL# P-14P— b 20L ., 4 tyD� �Ci9r5d�'f(? 5 LAtg 0-, C 2 p X �f PETITION FOR VACATION OF COUNTY ROAD Pale Exhibit - A2 NAME/ADDRESS/SIGNATURE. LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 3 _ ,, c U460-"O* X 7,1 G J (Additional petitioners are listed on the attachment hereto_) ll1 That, if the plat was recorded prior to March, 12, 1904,and, if the right of way is not now in use as a public road,the following proof is provided that the road was never opened for public travel for five years following recording of the plat: IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: 114��Crr�'r�� Y�sc J Efra,u��,✓�n/-//1.�=i f i-6tW,'.S A5 67il, 0— 1>FT i:y)e"7 '4-1-g, V Tlkat this road vacation is requcsted for the following piq)ose: LIA2 4�)�ly,yf��r get t'c ^D ,¢ That tlus petition is accompanied by a deposit in the sum of Five Hundred Dollars ($500.00), payable to Mason County Public Works, pursuant to statute,conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to this petition for the vacation of said road right of way. DATED this day of �Ci � � ,20 / ' . PETITION FOR VACATION OF COUNTY ROAD Page 2 Exhibit - A3 ATTACHEMENT TO PETITION FOR VACATION OF COUNTY ROAD ADDITIONAL PETITIONERS NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# ti y'y 24`13 X �_ s X 9 X Ill X II X 1? 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I . 122200060010 1 1µ 122205060009 t t. 122205009001' r 1222050:19009 �• 6T 900 jp 1__20500701:, 122200060010 122200060000141 ," 122205059006 122205007008 122205006009 t- • 122205059005 • ' j \` ��` 22205006910 / 0 122205007007 / »' 122205006909 122205006 07 1122205059004 ,t tiQ ' 122201480743 122205006906 122205059003 1122205007005 4.4 dftk r 122205007003 122205059001 4, / / 122201380746 K • ,+122205006904 122205006003 122205006903 122201480730 rah 1 122205007001 1 122200060010 122201380745 122205071008 r� 122205006001 r- 1 122205006901 122205,.1-006 12220500'V8 4 122201480090 Exhibit B-2 i Mason County WA GIS V 12*050 Search rel or Addres Gl 'yam t _ �'I 122200060 0 / WA 3 I 12 22 05 008 00 ! IIIA Ali rNorth -JTE:'- 1222 59009 g8 00 E STATE Rt:,U `3 rows"ar4App imate are:q,91 Vacation ~"- ,Yfit 1222000 0000! ti lI 1 20505905 122200060010 i ( I J Pro erty,Qf petitioner �814ESTATERO TE3 I _ J row Y�petitioner 18518 E STATE ROUTE�3---- rn - j 2226%006914 18480 E STATE ROUTE-3 "� f 22050069 9 122!05007007 H _ i 18510 E STATE ROUTE 3~ 1212n 0.0p7 12 Petitioner s �°on s Proper ( 516E STATE ROU 3 22050069 18470 E STATE t AM7005 18460 E STATE ROUTE-3• _ 122205007003 122205006003 12 0500 904 18450 E STATE ROUTE 3 1222�087.QO t r 122 0 Exhibit B - 3 60ft Mason County WA GIS AMC North i0oil art 3 E`;TATE R—i_IT . Arrows mark approximate area of Vacation 200060000, Z- 1 205nrnnnc Property of petitionerI-51-✓E,.;TATE R:.jI-ITE ' Properly of petitioner I•�I• E,;T:.TER:a1TE , i a E ';TATE POLITE ' A,.,00701� I E `;TATE R iT Petitioner's Son's Property I I ;E`;TATE R:017E Ji STATE��i'� 3EuIUUS l r JI f 18440 E STATE:ROV f I 12220500700 122201380746 ` � --___ 1=15„E TA TE R 1221f0500�904 1221Z�790 t' 122f0-50Mb 3 /+ Exhibit B -4 60fc Lo PLAT OF THE TOWN OF ALL N vacated m VOLUME 1 OF PLATS, PAGE 7. to be `° X 2°� Q w R,j1p0 $gED - $ pTE 190 CHAM•Ul,K ; N \� SCALE® O P g Y \ 131,0 G' V JoL19 >- Rp5 3 \ \ \ \ w appp0 \ 10 \\ \ 219G. Q \ \ 6 \ �aBE \ \ \ RO 259.6060 \ 6 RLO DESCRIPTION: Y ^r' (,R�$ REFER TO OUIT CLAIM DEED RECORDED UNDER 7o 1%0. MASON COUNTY AUDITOR'S FILE NO. 1942834. ALL ENTS SNOMM AS FOUND.CRE LOCATED LOTED RAT 7W 111E OF TT65SLNVEY. 7 vNU ` / vlcAr BASIS OF BEARINGS F�75930 90 675950 �' N 77 '00'E ALONG GROSS ST. PER FOUND MWUMENTS SNOW. V SURVEY STANDARDS Zstiq LEGEND /2 s"u ous' r.F nle A 0 FOUND BAR AND W LS/7563! 6 J uTrYLRr rl10ClODBs CNO �.-� . SET Bff STEEL TAPE �' M AND Gr LS/:7774 �y IV nrnrr r,nrr • MW BAR AND CAV W 24261 FOLIO BAR AND GAP IV 7,563 SW 1/4,NE 1/4 Ofa� rENtr *.P—w ssci7oN rormnr I Amu 20 22 1 "Arm rear AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE BOUNDARY SURVEY n�0�.iKnroio nml7fl7w 7r MAMA, "12. 7.a Nv-.Km,.rrm3mm•w ..an w a FOR uo07 w OrKaAo.w ca.ra77.wt[w7N T.[ .i WQUWA NICK BISKEBORN .r_4u6.7.7foo. r.v AT rN>t. vm a M sumkc 7KCC.1Ml X7 A,M m mw a Il rn 1ryd.4 r.LS .ors ru ,.K 194" NICK 91SKEBORN I ,76a s.Nu r..61.BA. arx au.. uns >m 7feor 4, . rTt �� ►.N60s r..ra6,.. 66361 MR 2-24-2010 7 A►.»/A1L.N "A. rd.1'I "0101 4H-"W C C KYB a BD100 town No.o. r.Ls bMIN 7f a 7'.50' B15KEBDRN � ..l � ! �' �r ' ��,�• ��•`�. .. ,`� •� ter'/ , 'i .: y •tI j 'fAr I e � i • All that portion of the"Town of Allyn", per Plat recorded in Volume 1 of Plats at Page 17, records of Mason County,Washington, described as follows: An un-named alley lying south of Drum Street between Lots 7,8, 9 and 10 of Block 6 and Lots 8, 9 and 10 of Block 7 of said Plat of"Town of Allyn". Excepting therefrom the westerly 10 feet of said un-named alley laying east of Lot 7 Block 7 of said Plat of"Town of Allyn". Exhibit C MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: May 7, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: April 22, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, May 21, 2019 at 9:15 a.m. to consider the sale of the following parcels: 32021-56-02001: SHORECREST TERRACE 3RD ADD 32021-55-02011: SHORECREST TERRACE 2ND ADD BLK: 2 LOT: 11 32021-56-02004: SHORECREST TERRACE 3RD ADD BLK: 2 LOT: 4 BACKGROUND: All three parcels are tax title and were listed in were deeded to Mason County. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) all three parcels can be sold by direct negotiation within twelve months of the attempted auction. Offer amounts: 32021-56-02001: $5,000 32021-55-02011: $9,000 32021-56-02004: $4,500 RECOMMENDED ACTION: Approval to set a hearing on Tuesday, May 2$, 2019 at 9:15 a.m. to consider the sale of the following parcels: 32021-56-02001: $5,000 to Jeana M. Moore 32021-55-02011: $9,000 to NW Green Construction 32021-56-02004: $4,500 to Paul F. Shilley ATTACHMENTS: Purchase and Sale Agreements Agent Detail Reports Notice of Hearing IAProperty Mng\Property Offers&Negotiations\32021-56-02004-441 E Panorama Dr\Action for hearing.doc Authentisign ID:92313A8B-9199-4D18-AFD8-30FD2365201D Form 25r ©Copyright 2017 Vacant Land Purchase&Sale - Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: April 06,2019 MLS No.: 1416163 Offer Expiration Date: 4/12/2019 2. Buyer: Jeana M Moore An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seger 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215602001 481 E Panorama Drive Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$5,000.00 Five Thousand Dollars 6. Earnest Money:$ 500.00 ❑Check; ❑ Note; 6J Other wire (held by❑Selling Firm; Closing Agent) 7. Default:(check only one)0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County title and Escrow Colleen Reamer Company Individual(optional) 10. Closing Date: 5/10/2019 Possession Date:0 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 61 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; Uf is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:❑must be subdivided before :19 is not required to be subdivided 15. Feasibility Contingency Expiration Date:❑ days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: Cad Buyer; ❑Seller; ❑both parties; ❑neither party Listing Broker represents: 11 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22T(Title Contingency) 34(Addendum) Exhibit A, ('Autherif SIGIr 04/07/2019 LE1l �eaPpr��t��acGG.Af.MOvne 4#g T9 .g24PIVI PDT Date Sellers Signature Date Buyer's Signature Date Seller's Signature Date 116 N.Stevens Buyers Address Seller's Address Deer Park Wa 99006 City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. jeanammoore@gmail.com Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Stephanie Rosolek 118142 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)490-5508 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Finn Document E-mail Address stephanie@richardbeckman.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 133476 9628 98421 9628 Selling Broker DOL License No. Selling Film DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. AuthentisignID:92313A8B-91994D18-AFD8-30FD2365201D Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property,gifts, retirement, or future earnings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader _28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyers sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement,and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 ti=j 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:92313A8B-9199-4D18-AFD8-30FD2365201D Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 1. Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers)must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 le 1 holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 aturr y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 7 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Selfer's Initials Date AuthentisignID:92313ABB-9199.4D78-AFD8-30FD2365201D Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date,shall not include Saturdays,Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified in Specific Term No.7,shall apply: 135 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Eamest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement.Seller shall have until 9:00 146 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s)and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 GX41 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:92313A8B-9199-0D18-AFDB-30FD2365201D Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attomeys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building-or development moratoriums 180 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right,from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date,this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 CUM] 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:92313A8B-9199-0D78-AFD8-30FD2365201D Form 22D RJdm Optional Clauses Addendum �r ©Copyright 2017 O P Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of OPTIONAL CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 06,2019 1 between Jeana M Moore ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 481 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 66 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑cable; ❑ electricity; ❑other 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 G-4 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:92313A8B-91994D18-AFD8-30FD2365201D Foran 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days(5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due,whichever 43 is earlier,then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions,and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. 6d Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; 66 Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 7 u f{ 04/07/2019 Buyers Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:92313ABB-91994DI B-AFD8-30FD2365201 D Form 22EF Ndwo �m ©Copyright 2017 Evidence of Funds Addendum Northwest Multiple Listing Service Rev.2/17 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 06,2019 1 between Jeana M Moore Buyer ("Buyer") 2 Y Buyer and Mason County ("Seller") 3 Seller Seller concerning 481 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 G-4 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:92313A8B-91994D18-AFD8-30FD2365201D Form 22T ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 06,2019 1 between Jeana M Moore ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 481 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 6 days (5 days if not filled in)from ❑ the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. if supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 r...] 04/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:92313A8B-91994D18-AFD8.30FD2365201D Form 34 @Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED 04/07/289®e 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 4-06-2019 1 between Jeana M Moore ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning481 E Panorama Dr. Shelton wa. 98584 (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 6. Buyer shall pay all current and past due Association dues. 1213 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neathertin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 G,..] 04/07/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:92313ABB-91994D18-AFD8-30FD2365201 D ALTA COMMITMENT FOR TITLE INSURANCE IMMI SCHEDULEA04/07/2019 EXHIBIT "A" Legal Description: Lot one (1), Block two(2), Shorecrest Terrace 3rd Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 02001 Abbreviated Legal: Lot 1, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02001 Purported Address: Vacant Land, Shelton,WA 98584 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 1l-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416163 481 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: BLK: CMTY: Shorecrest PRJ: u: • : _�..:� •4, �Type: Vacant Land CDOM: 32 k ?AR: 176 TAX: 320215602001 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 r tfr left.Corner of Panarama and Parkway XD: 10/16/2019 �i BLVD OMD: fry` L ; LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular r j LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: �CLA: PH: ZJD: County SKS: Yes CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: OPH: (360)427-9670 CAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 70x130 WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed. Buyer shall pay for title insurance.Please use Mason County Title order#20191726 Marketing Remarks: This gentle sloping corner lot,located in Shorecrest,offers protective CC&R's,community swimming pool,saltwater access and clubhouse.This property is covered with trees and brush. Realist Tax Tax ID: 3-20-21-56-02001 Tax Year: Ann Tax: Address: Townshp: 1 402 S P3 F5 L H County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Assess Imp: $2,500 Assess Ttl: $8,500 Assess Year: 2017 Land As: $6,000 Lot Depth: Lot Front: Lot SF: 9,148 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 04/16/2019- 1:54PM Authentisign to:625E906E0OA6-4S484Li8449� QL:25`9'�dnm Form 25 ©Copyright 2017 Vacant Land Purchase&Sale - Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: April 03,2019 MLS No.: 1416115 Offer Expiration Date: 4/9/2019 2. Buyer: NW Green Construction A limited liability company Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215502011 80 E Ashwood Lane Shelton Mason WA 98584 Address City County State Zip S. Purchase Price:$9,000.00 Nine Thousand Dollars 6. Earnest Money:$ 500.00 ❑Check; ❑ Note; 6$Other Wire (held by❑Selling Firm; 66 Closing Agent) 7. Default:(check only one) ❑ Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Colleen Reamer Company Individual(optional) 10. Closing Date: 4/30/2019 ; Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 66 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; I is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before ; 6f is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker repre nts- 6-6 Buyer; ❑Seller, ❑both parties; ❑neither party Listing Broker repre egYsr4So.I'both parties 17. Addenda: 22D(Optional Clauses) CEF unds Evidence) 22LA(Land/Acreage) 22T(Title Contingency) 34(Addendum) 35F(Feasibility) Exhibit A-Legal Description Authenfisc,r 04/04/2019 kiXP �990;81 PDT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date 261 North Hamilton Rd Buyer's Address Sellers Address Chehalis WA 98532 City,State,Zip City,State,Zip 360-410-9524 (360)427-9670 Phone No. Fax No. Phone No. Fax No. cdahl@nwgreen.net Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Shawna Shelton 121581 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)549-6658 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mai]@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address shawnashelton@gmail.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 1370087 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. AuthentisignID:67HE106ED6A64AR54M MS(E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker,Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account.Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 qosing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 e_q 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:92E1E9O"5A6-4A234=4V2aEMDEDMM Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 L Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers)must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 ar legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 01y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:07HE806E-MA64A2S4M Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 1. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified in Specific Term No. 7,shall apply: 135 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity, 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party,the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 [e]jq 04/04/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:g2HEB06E4EEA64A234U 4 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attomeys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property;provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date,this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 [eig] 04/04/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:233C704E-D10Cd252.A289-5722EBAD7160 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Pagel of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 03,2019 1 between NW Green Construction ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 80 E Ashwood Lane Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. id Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. 66 Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. id Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑other 40 [eD] 04/04/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:233C704E-D10C4252-A289-5722EBAD7160 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s)or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. lid Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions,and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. f Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by 66 Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Items)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [eD] 04/04/2019 Buyers Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:233C704E-D10C-4252-A289-5722EBAD7160 Form 22E br#MW- ©Copyright 2016 FIRPTA Certification FIRPTA CERTIFICATION Northwest Multiple Listing Service Rev.2/16 ALL RIGHTS RESERVED Page 1 of 1 The Foreign Investment in Real Property Tax Act ("FIRPTA"), 26 U.S.C. 1445, provides that a buyer of a U.S. real 1 property interest must withhold tax if Seller is a foreign person, unless one of the exceptions in the Act applies. The 2 following will inform Buyer and Closing Agent whether tax withholding is required. 3 Note: The above law applies to foreign corporations, partnerships, trusts, estates and other foreign entities, as well 4 as to foreign individuals. If Seller is a corporation, partnership, trust, estate or other entity, the terms "I" and "my" as 5 used below means the corporation or other entity. A "real property interest' includes full or part ownership of land 6 and/or improvements thereon; leaseholds; options to acquire any of the foregoing; and an interest in foreign 7 corporations, partnerships, trusts or other entities holding U.S. real estate. 8 SELLER CERTIFICATION. Seller hereby certifies the following: 9 PROPERTY. I am the Seller of real property ❑ at: 10 80 E Ashwood Lane Shelton WA 98584 11 Address City State Zip or❑ (if no street address) legally described on the attached. 12 CITIZENSHIP STATUS. I ❑ AM ❑AM NOT a non-resident alien (or a foreign corporation, foreign partnership, 13 foreign trust,foreign estate or other foreign business entity)for purposes of U.S. income taxation. 14 TAXPAYER I.D. NUMBER. 15 My U.S. taxpayer identification number(e.g. social security number) is 16 (Tax I.D.number to be provided by Seller at Closing) ADDRESS. 17 My home address is 18 Address City State Zip Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief 19 it is true, correct and complete. I understand that this Certification may be disclosed to the Internal Revenue Service 20 ("IRS")and that any false statement I have made here could be punished by fine, imprisonment,or both. 21 22 Seller Date Seller Date BUYER CERTIFICATION (Only applicable if Seller is a non-resident alien). 23 NOTE: If Seller is a non-resident alien, and has not obtained a release from the IRS, then Closing Agent must 24 withhold 15% of the amount realized from the sale and pay it to the IRS, unless Buyer certifies that the selected 25 statement below is correct: 26 ❑Amount Realized ($300,000 or less) and Family Residence= No Tax. (a) I certify that the total price that 1 27 am to pay for the property, including liabilities assumed and all other consideration to Seller, does not 28 exceed $300,000; and (b) I certify that I or a member of my family* have definite plans to reside on the 29 property for at least 50% of the time that the property is used by any person during each of the first two 30 twelve month periods following the date of this sale. If Buyer certifies these statements, there is no tax. 31 ❑ Amount Realized (more than $300,000, but not exceeding $1,000,000) and Family Residence = 10% Tax. 32 (a) I certify that the total price that I am to pay for the property, including liabilities assumed and all other 33 consideration to Seller, exceeds $300,000, but does not exceed $1,000,000; and (b) I certify that I or a 34 member of my family* have definite plans to reside on the property for at least 50% of the time that the 35 property is used by any person during each of the first two twelve month periods following the date of this 36 sale. If Buyer certifies these statements, the amount of the tax is 10%. 37 *(Defined in 11 U.S.C. 267(c)(4). It includes brothers, sisters, spouse, ancestors and lineal descendants). 38 Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and 39 belief both statements are true, correct and complete. I understand that this Certification may be disclosed to the 40 IRS and that any false statement I have made here could be punished by fine, imprisonment, or both. 41 42 Buyer Date Buyer Date Authentisign ID:233C704E-D10C-0252-A289-5722EBAD7160 Form 22EF QLsfedmm ©Copyright 2017 Evidence of Funds AddendumJ��uR Northwest Multiple Listing Service Rev.2117 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 03,2019 1 between NW Green Construction ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 80 E Ashwood Lane Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. id EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 5 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 [ei)] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:07HE903E4D6AG4A254694 tM Form 22 L&A d Beamm ©Copyright 2010 Land&Acreage AddendumNorthwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 4 LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated April 03,2019 1 between NW Green Construction ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 80 E Ashwood Lane Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections,tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 reD] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:09HE106E86664A234M4 FdSEHOUDAnEE Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach,the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by by (10 days if not filled in) 50 Buyer Seller 04/05/2019 621 ❑ I. Survey. Completion of survey to verify information e� 20 '-t+ days 51 regarding the Property as listed in 1(b). elf 52 Gd ❑ ii. Perc Test. Perc or similar test indicating that the 20 —40-' days 53 Property is suitable for installation of conventional 04/05/2019 54 septic system and drainfield. If the sale fails to close, 55 the parry who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System.The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests(4 hour draw days 71 down test or other test selected by Buyer)showing a 72 sustained flow of g. p. m.,which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs.Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice,with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 e� 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:62HH906E46606di994Li04 IM Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS (check as applicable) 81 56 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants'operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within 20 (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before . A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 110 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 111 pens; ❑gates and fences; ❑ chutes; ❑other: 112 The value assigned to the personal property included in the sale shall be $ 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 rejq] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:93ffE90 E NA6-42254 l4 fW Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in)of mutual acceptance: 120 121 . 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 IiJ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 10 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural ❑timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares(Seller if no box is checked). 142 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days(10 days if not filled in)of mutual acceptance. 150 [ejq] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:233C704E-D10C-4252-A289-5722EBAD7160 Form 22T ©Copyright 2015 Title Contingency Addendum b* Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 03,2019 1 between NW Green Construction (°Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 80 E Ashwood Lane Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from Ud the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 [eig] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:233C704E-010C-4252-A289-5722EBAD7160 Form 35Fd ©Copyright 2010 Feasibility Contingency Addendumr� Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated April 03,2019 1 between NW Green Construction ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 80 E Ashwood Lane Shelton WA 98584 (the"Property"). 4 Address city State Zip Feasibility Contingency. Buyer shall verify within 20 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school,fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges;and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 Id AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 [ei)] 04/04/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:6E650267.87F54211-98F3-9B42A160870B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot eleven (11), Block two (2), Shorecrest Terrace Second Addition,Volume 5 of Plats, page 83, records of Mason County,Washington. Parcel No. 32021 55 02011 Abbreviated Legal: Lot 11, BLK 2 Shorecrest Terrace Second Addn. Parcel No(s): 32021-55-02011 Purported Address: None assigned,WA CAu .vase 4/4/2019 620:58 AM PDT 04/04/2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part l-Requirements;and Schedule B,Part I/-Exceptions. ORT Form 4690 INA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416163 481 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: BLK: CMTY: Shorecrest x:, ter :::• �! �' PRJ: Type: Vacant Land CDOM: 32 AR: 176 TAX: 320215602001 OLP: $5,000 ;. + �i^•. " i; MAP: GRD: Internet: Yes S t DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 left.Corner of Panarama and Parkway XD: 10/16/2019 BLVD OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 ai SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: Yes CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR:No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 70x130 WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191726 Marketing Remarks: This gentle sloping corner lot,located in Shorecrest,offers protective CC&R's,community swimming pool,saltwater access and clubhouse.This property is covered with trees and brush. Realist Tax Tax ID: 3-20-21-56-02001 Tax Year: Ann Tax: Address: Townshp: 1 402 S P3 F5 L H County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Assess Imp: $2,500 Assess Ttl: $8,500 Assess Year: 2017 Land As: $6,000 Lot Depth: Lot Front: Lot SF: 9,148 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 04/16/2019- 1:54PM Form 25 ©Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of SPECIFIC TERMS I 1. Date: April 19,2019 MLS No.:1416182 Offer Expiration Date: 4/24/2019 2. Buyer: Paul F Shilley Buyer Buyer Status ' 3. Seller: Mason County Seller Seller 4. Property:Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215602004 ' I 441 F Panorama Drive Shelton Mason WA 98584 Address City County State 7Jp 5. Purchase Price:$4,500.00 Four Thousand Five hundred c Dollars 6. Earnest Money:$200.00 Ed Check; ❑Note; ❑Other (held by❑Selling Firm; Closing Agent) 7. Default: (check only one)51 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Shelton 9. Closing Agent: Mason County Title Shelton company Individual(optional , 10. Closing Date: 5/9/2019 p/ 5oppPT Possession Date: 6d on Closing;❑Other i i 11. Services of Closing Agent for Payment of Utilities: 66 Requested(attach NWMLS Form 22)); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer,5d prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑is;❑ is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before ;C(is not required to be subdivided 15. Feasibility Contingency Expiration Date:❑ days after mutual acceptance;❑ Other % Agency Disclosure: Selling Broker represents: 9 Buyer, ❑Seller; ❑ both parties;Cl neither party . Listing Broker represents: G9 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22K(Utilities) mf " 4-0-19 Buyer's Signature Date Seller's Signature Date Buyers Signature Date Seller's Signature Date 8441 Fawcett Ave Buyer's Address Seller's Address Tacoma WA 984444 City,State,Zip City,State,ZIP (253)302-9324 (360)427-9670 j Phone No. Fax No. Phone No. Fax No. ! Shilley@NVenture.com Buyer's E-mail Address Seller's E-mail Address John L.Scoff SHL 9990 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Dawn Pannell 93455 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-3319 (360)4904493 (360)427-8649 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. notices.Shelton@johnlscott.com mail@MchardBeeicman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address dawnpannell@iobnlscott.com richard@richardbeclunan.com Selling Brokers E-mail Address Listing Broker's E-mail Address 1 111162 20871 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. I Form 25 ©Copyrlght 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS i Continued i a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property,gifts,retirement, or future eamings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent.If Buyer delivers the Earnest Money to Selling Broker,Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Eamest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited Into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, If any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shell reimburse Selling Firm for bank charges 10 and fees in excess of the Interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, 'if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS. 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account.Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties Instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any checkto the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other patty does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the parry making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other patty, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party s usual mailing address or the 30 address identified in this Agreement. if the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money.The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued,shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 farm and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyers sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances,be refunded to the Buyer,less any unpaid costs described in this Agreement,and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Closing Agent shall dose the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 s1 x- 190 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date j i i i i i i Foran 25 ©Copyright20i7 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service i Rev.2l17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m.on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attomeys'fees and 69 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g, Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report,appraisal charge and lender's title insurance,unless provided otherwise In this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published It and to its members,financing institutions,appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 92 and others related to this Sale, to fumish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 L Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification(NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j, Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers)must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker,or at the licensed office of Listing Broker. Notices to Buyer 102 i must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement,such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when:(i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement;or(ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 1112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 i last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 i or legal holiday as defined in RCW 1.16.050, the specked period of time shall expire on the next day that is not a 117 i Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 11 P t A t Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's initials Date I Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS i Continued Possesion Date,shall not include Saturdays,Sundays or legal holidays, if the parties agree that an event will occur on a 119 specific calendar date,the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 I Sunday,legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 j agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 ! for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 ' offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement,or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified In Specific Term No.7,shall apply: 135 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent(5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b)bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement.Seiler shall have until 9:00 146 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 1533 party,the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any)representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any)representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 j which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s)and irrevocably instruct the Closing Agent to disburse the commissions) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date f i Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attomeys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future)and what it will cost to do this.Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Braker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located.Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property; any special building requirements,including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right,from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property;provided that Seller shall not be required to incur any liability or expenses in doing so_ 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date,this Agreement shall terminate and 199 the Eamest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. if Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement,all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or govemmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer.is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 , earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties, The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 i I I Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's initials Date i Form 220 ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 19,2919 1 } between Paul F Shilley ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller i concerning 441 F Panorama Drive Shelton WA 98584 (the"Property"). 4 ' Address City State Zip CHECK IF INCLUDED: 5 1. 21 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences,rockeries, buildings)on 8 I the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage.Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, If available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer,and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑other 31 6. ❑ Insulation -New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. 0 Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 ! dish and operating equipment; ❑ other 40 1 19 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date I Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 I OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days(5 days if not filled in)of receipt of the lease(s)or the date that the lease(s)are due,whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived)and at Closing, Buyer 44 j shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions,and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6)months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. 56 Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; Sit Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included In the sale of the Property, is 65 excluded from the sale ("Excluded Items)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s).Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seiler acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in)of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 r 12. LlOther. 78 I I 79 80 81 82 J 83 I 84 85 i Fs F a1)-! Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date i Form 22K @Copyright 21)14 Identiflcation of Utilities Addendum Northwest Multiple Listing Service Rev.bit 4 IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated April 19,2019 1 between Paul F Shilley ("Buyer") 2 Buyer Buyer i and Mason County ("Seller") 3 Seller Seller concerning 441 E Panorama Drive Shelton WA 98584 (the"Property), 4 Address city state Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: 8 Name 9 Address 10 City,State,Zip Fax.No. SEWER DISTRICT: 11 Name 12 Address 13 City,State,Zip Fax No. IRRIGATION DISTRICT: 14 • Name Address 15 City,State,Zip Fax No. 16 GARBAGE: Name 17 Address 18 19 City,State,Zip Fax.No. ELECTRICITY: 20 Name 21 Address 22 City,State,Zip Fax.No. GAS: 23 Name 24 Address 25 Ci State,Zip Fax.No. SPECIAL DISTRICT(S): 110A Shorecrest 26 (local improvement districts or Name utility local improvement districts) 27 Address 28 I City,State,Zip Fax.No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 I Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including.unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 ; to unsure payment of, Seller's utility charges. 36 i Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date i ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A i EXHIBIT"A" Legal Description: Lot four(4), Block two(2), Sharecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No.32021 56 02004 Abbreviated Legal: Lot 4,BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02004 Purported Address: None assigned, WA 1 i I This page is only apart of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue j Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08/01116;TC 0410218 Schedule A ALTA Commitment for Tile I nsurance Page 2 of 2 i Form 34 @Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED I Page t of i ADDENDUM 1 AMENDMENT TO PURCHASE AND SALE AGREEMENT i The following is part of the Purchase and Sale Agreement dated between �!� ("Buyer )2 Buyer Buyer and Mason County Seller Seger ("Seller"} concerning ddreesss cloy sale ZIP (the"Property" P y'' )•4 IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed,per RCW 36.35130. 11 6. Buyer shall pay all current and past due Association dues. 1213 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 i i i ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 I �Sr Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date i NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, May 21, 2019 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of the following tax title parcels: 32021-56-02001, 32021-55-02011, and 32021-56-02004. If there are questions about the proposed amendments, please contact Frank Pinter at 360-427-9670 ext. 530 or by email fpinter@co.mason.wa.us. If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 7th day of May, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 5/9&5/16 (Bill: Cmmrs.411 N. 5 1 Street Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 5/7/2019 Agenda Item # g,5 Commissioner staff to com tete BRIEFING DATE: 4/22/2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Public Safety Testing Agreement to provide promotional testing services for the Corrections Lieutenant position. The professional services agreement includes a Work Performance Rating and a Command Skills and Abilities Promotional Test. The amount of the agreement is $6,750, plus associated travel expenses as outlined in the agreement. Background: The approval of an agreement with Public Safety Testing to provide promotional testing services for the Corrections Lieutenant position ensures Mason County promotional testing process is valid, defensible and current to today's professional standards. Currently we use Public Safety Testing for our testing of all entry level Corrections Deputy and Sheriff Deputy positions. RECOMMENDED ACTION: Approval to place the Public Safety Testing Agreement on the next available County Commissioners' agenda. Attachment(s): Public Safety Testing Agreement 4/29/2019 Public Sd Testing A proposal to MASON COUNTY for the development and management of promotional testing for OPERATIONS LIEUTENANT Scope of Services Provided by Public Safety Testing, Inc.: Public Safety Testing offers to develop and administer assessment center promotional processes for the Mason County Sheriff's Office (hereinafter "County"). Public Safety Testing (hereinafter "PST") will apply the guidelines as adopted by the International Congress on Assessment Centers and the recommendations provided by the International Association of Chiefs of Police related to the development and management of assessment centers. PROMOTIONAL ASSESSMENT CENTER Methodology for Service The project shall consist of three basic phases: 1. Test Preparation & Development 2. Test Administration 3. Post-Test Activities Phase One:Test Preparation & Development Two on-site meetings with the appropriate personnel from the Mason County Sheriff's Office are held to: • Determine the County's specific needs and components of the assessment center; • Create a calendar of tasks, benchmarks and a schedule to deliver the promotional test; • Identify the behavioral dimensions to be measured in the assessment centers; • Provide written summaries of decisions as the process develops; • Survey department members currently serving in the positions being tested to identify the critical tasks being performed (Job Task Analysis); • Survey the management/leadership team to identify essential supervisory and administrative skills and abilities of a newly promoted supervisor/manager. These Promotional Testing Proposal Page 2 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 survey results create the unique weighting of the behavioral dimensions that are specifically relevant to the Mason County Sheriff's Office; • Provide a description of typical categories and examples of exercises that can be used in the promotional process. Working with the County, exercises are tailored with information provided by the agency and customized to fit the specific environment and needs of the agency; • Create a scoring map that identifies weighted behavioral dimensions which will be measured for each exercise; • Build exercises using information specific to your community and department and integrating the results of the surveys used above; • PST will become familiar with and will follow the County's Personnel/Civil Service Rules when developing and administering the test. The County shall be responsible for notifying PST of any unusual or special process or limitation of its rules, contractual agreements or policies that are related to the development and delivery of the test, and • Finalize the assessment center's exercises and schedule with the agency's subject matter expert(s) for Phase Two. Assessment Center Exercise Theme Flow . . K41 • • Communication Skills • ' Coach&Mentor . • . . Train Employees Oral Communications ` Evaluate Employees Interpersonal Insight Administrative Progressive Discipline Problem Analysis Interpersonal Manage a Critical Event Judgment Field Supervision Manage Schedules Decisiveness Writing Manage Logistics Written Communications Critical Thinking Make&Manage Documentation Planning&Organization Delegation&Control Phase Two:Test Administration PST will facilitate and manage the assessment center process, including: • Conduct one 3-hour long "Candidate Orientation Workshop"that provides candidates an overview of the assessment center testing process, highlights tips for success, and pitfalls to avoid. This candidate orientation de-mystifies the assessment center/promotional testing process. Promotional Testing Proposal Page 3 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 • Conduct a training workshop for the assessors and role players whom the County has selected prior to the test date. The training shall include guidelines in scoring, pitfalls to avoid in assessing and a practice session of scoring an exercise. Only trained assessors will participate in the testing process; • Provide all the typical equipment, supplies and materials for the training, orientation and testing process. Mason County may be asked to provide specific equipment related to the exercises; • Create the grading process that conforms to the County's Personnel/Civil Service Commission's rules; • Through an empirical process that incorporates the candidate's performance, the weighted dimensions, and the County's Personnel/Civil Service Commission's rules, create a final rank order listing of the candidates tested; • Survey each candidate about his/her observations of the promotional process and assessment center's relevance to the position being tested for; and Phase Three: Post Test Activities • Each candidate receives written commendations and recommendations that are created by the assessors. These comments are separated from the objective score sheets, collated for each candidate and sent to the County, and are intended to assist the candidates in their professional development; and • Provide the County with electronic copies of all the documents related to testing, training and scoring of candidates. This typically includes the instructions for each exercise, original copies of the score sheets for each candidate created by the assessors, a matrix of the weighted dimensions as they were applied to each exercise, a copy of the raw scores for each candidate in each exercise and for each dimension, the assignment sheet of candidates to letter designators with corresponding photographs, a copy of the training outline provided to the assessors, a copy of the training outline provided to the candidates, a copy of the test schedule, a copy of the written comments made by the assessors to each candidate, the signed test security agreements, and copies of the assessor and candidate critiques. • PST shall appear in any County administrative or civil service proceeding to testify to and provide all necessary information to document the validity of the testing process, to participate in the defense of the testing process conducted by PST pursuant to this Agreement and to otherwise provide any information necessary to the County to evaluate challenges to or appeals from the testing process. PST shall appear without additional charge to the County. Promotional Testing Proposal Page 4 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 Indemnity and Hold Harmless The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 1. PST shall indemnify and hold harmless the County, its employees and agents from any and all costs, claims or liability arising from: a. Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; b. Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that PST shall be an independent Contractor and the County shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between PST and third parties; c. The alleged negligent or tortious act of PST in the provision of services under this Agreement. d. Solely for the purposes of this indemnification provision, PST expressly waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. 2. The County shall indemnify and hold harmless PST, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the County in the provision of services hereunder. 3. These indemnification provisions shall survive the expiration or termination of this Agreement. Resources to be provided by MASON COUNTY: Mason County shall agree to: • Provide to PST a copy of those sections of your Civil Service Rules and, if applicable, your collective bargaining agreement, that relate to the promotional testing process; • Provide a Subject Matter Expert(s) to assist in the development of the exercises, distribute and collect surveys that provide an analysis of the position being tested for, and distribute and collect a survey that provides the relative importance of the supervisory dimensions to be measured in the assessment center. The work of the Subject Matter Expert(SME) will happen on or before the agreed upon deadlines. The County's SME will be available on the day of testing as a resource to answer questions. The role of the SME is very important and critical to the success of this process; • Obtain a minimum of two (2) qualified assessors per exercise (8 assessors for a 4 event AC) and role players, if necessary. PST will work with the County to assist in the identification of appropriate assessors; Promotional Testing Proposal Page 5 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 • Have the appropriate supervisory and management personnel participate in the surveys of the job task analysis and the behavioral dimensions; • Provide the physical facilities appropriate for the Candidate Orientation Workshop, the Assessor Training and the Assessment Center (including the selected exercises). Provide meals, refreshments, and beverages for the assessors, candidates, and PST staff; • At the end of the final day of testing, agencies find it very beneficial to have the department head and management team present during the discussion with the assessors to hear comments and insights about the candidates; • If necessary, cover the expenses of the assessors; and • Pay any travel-related and per diem expenses for the PST staff. PROMOTIONAL ASSESSMENT CENTER PROFESSIONAL FEES The Promotional Assessment Center is our most requested service and testing fees are based on a formula that uses the current base monthly salary for the position the number of exercises and number of candidates: A 5%discount is applied for PST subscribing agency. 1-8 Candidates 9-12 Cares didates (1.0 day) (1.5 day) (2.0 days) 4 Exercises $6,175 $7,855 58,115 Additional Costs: PST staff's travel, lodging and per diem expenses are additional, using the federal mileage and per diem rates for your agency's location. Currently these rates are $0.54 per mile and $55 per day for meals/per diem. Also, a 4%surcharge is added to actual expenses to cover state and local B&O taxes and fees. Washington State sales tax is NOT charged. Invoicing. PST will invoice the agency within 30 days of work being completed. Credit Card. A three percent (3%) fee will be added at the time of payment made using a credit card to cover processing fees. TERMINATION OF THIS PROJECT PST and Mason County acknowledge that either party may terminate this project at any time with or without cause. Upon termination, the County shall be liable for the amortized remainder of the professional fees, if any, from the effective date of the termination notice based on the percentage of completion of duties listed above. In the event of a termination, both parties will agree upon the fees, if any. Promotional Testing Proposal Page 6 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 ADDITIONAL TESTING COMPONENTS, SERVICES & PROFESSIONAL FEES' Assessment centers developed by PST are not "off the shelf" products and are highly customized for the client agency. Our testing model also includes options the County may wish to consider. A. Additional Candidate Orientation Workshops: One three-hour long orientation workshop is included for each assessment center. Additional workshop(s) are available if needed to accommodate the schedules of candidates. Sometimes, clients want the Candidate Workshop open to all employees who are interested in preparing for a promotional opportunity. Fee: $500 each session plus travel expenses B. Work Performance Rating: A PST-exclusive product that is a unique method to objectively incorporate the candidate's prior work performance into the promotional testing process. Clients who add this testing element give very high feedback. This is separate from our assessment center exercises and clients determine the weight of this testing component in the testing process. This one-day long process uses evidence provided by documentation, and a facilitated discussion with all of the candidate's supervisors to place objective scores on five performance dimensions. For example, the first line supervisor dimensions are: a. Demonstrates Ethical Behavior b. Demonstrates Agency's Mission &Values c. Quality of Work d. Quantity of Work e. Demonstrates Leadership A weighting process determines the importance of the individual performance dimensions. Clients often find that this process has collateral benefits for the involved supervisors and is a positive experience for the leadership team. WPR Professional Fees 0 2-8 Candidates @ $1,800 (one-day event) 0 9-16 Candidates @ $3,300 (two-day event) Additional Costs:PST staff's travel,lodging and per diem expenses are additional,using the federal mileage and per diem rates for your agency's location. Currently these rates are$0.535 per mile and$55 per day for meals/per diem. Also,a 4% surcharge is added to actual expenses to cover state and local B&O taxes and fees. Washington State sales tax is NOT charged. Promotional Testing Proposal Page 7 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 C. Semi-Customized Written Examination for Washington State Law Enforcement or Operations Supervisor/Manager: A 100-item, multiple choice, semi-customized written examination. Source materials include the textbook, Management and Supervision of Law Enforcement Personnel, 5th edition, 6 to 18 months of WSCJTC Law Enforcement Digests (LED's) and 25 questions from the agency's critical policies. This test is specifically valid for Washington State; for a law enforcement or Operations supervisor/manager and to your agency (for Operations' candidates, the LED questions may be replaced with questions from readily-available Operations' publications). PST needs at least 3-4 weeks to develop this product. A minimum of four (4+) weeks study time is highly recommended. What PST does: • Provides 75 multiple choice questions from the textbook and legal updates or LED's; • Develops 30 questions from the agency's critical policies; • Creates a draft test booklet for pilot testing by the agency; • Creates the final test booklet and the scoresheet, makes copies for all the candidates, and ships them to the agency before the administration date; • Scores the answer sheets, conducts an item analysis, and sends the results to the agency. What the agency does: • Announces the test to the candidates, provides the source material to the candidates, and arranges for the site; • Specifically identifies the critical policies that will be tested and sends those to PST; • Determines the span of time for the material from the Legal Updates/LED's (most clients choose 6-12 months); • Reviews the policy questions, selects 25 for the test, and verifies the answers; • Pilot tests the examination, if desired; • Administers the test. PST can proctor the test at an additional cost; • Sends the answer sheets to PST for scoring; • Receives the scores and the analysis of the answers. Agency makes determination and decides if questions should be eliminated; and • Notifies the candidates of their scores. Fee: Semi-Customized Written Exam: $149 each candidate (minimum 10) D. Customized Promotional Written Examination: A 100-item, multiple choice, uniquely customized written examination that is developed from source material provided by the agency. The agency's Subject Matter Expert(s) (SME's) are used to validate the test. PST needs 10 weeks to develop this product. The final version must be authorized by SME no later than three weeks prior to the test date. Fee: $3,950 Promotional Testing Proposal Page 8 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 E. Supervisory Skills &Abilities Promotional Test (SSAPT)The SSAPT is a three- part event where each candidate spends 60 minutes before a panel of assessors and experiences mini-exercises. This product is appropriate for 4 candidates or less and is intended only to rank order the candidates. Clients typically choose this type of test because it can be scheduled and delivered in less time, is simpler, more affordable, and they do not desire the full spectrum of features that an assessment center provides. The typical SSAPT events include a (a) structured interview; (b) an in-basket exercise where the candidate reviews and prioritizes a simulated in-box following their days-off and prioritizes and explains to the assessors the decisions they made and why they made them; and (c) a critical thinking exercise where the candidate is provided a series of events that a supervisor would face and asked how they would respond to those What is different from an assessment center? Three mini-exercises, fewer assessors, no role player or written exercises, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback and no candidate orientation workshop are included for the price. Fee: $999 plus$999 per candidate F. Command Skills&Abilities Promotional Test(CSAPT) The CSAPT is a four-exercise testing process where each event is intended to assess different skills and abilities of the candidate. Maximum 3 candidates. The four parts are: (1) Presentation of Expectations where the candidate describes their expectations of their subordinates as if they are the Commander (Lieutenant, Captain, or equivalent) and the assessors are their subordinates; (2) In-Basket with On-Demand Writing of an email where the items in the In-Basket are command level issues of budget, labor, personnel, and community topics; (3)Three Practical Scenarios that are field events or organizational scenarios that a Command level position would typically be expected to handle and (4)Two Case Studies where the candidate researches and writes a two-page memo about each topic before the test and makes an presentation at the event. The candidates have 90 minutes to prepare and then spend 90 minutes with the assessors who have specific expectations for each part that identifies what a strong candidate looks like. Five Command Level Behavioral Dimensions are Assessed: A. Oral and Written Communication B. Interpersonal Insight and Emotional Intelligence C. Command Judgment D. Decisiveness E. Planning & Organizing Promotional Testing Proposal Page 9 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 Assessors and Scoring: Four assessors are needed and they are trained in the morning and will use PST supplied laptops. They use a precision scoring model for each behavioral dimension that uses a 70 to 100-point range. The assessors' scores are averaged for each behavioral dimension. The results are a ranked list and provided to the client at end of the test. What is different from an assessment center? Fewer assessors, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback and no candidate orientation workshop are included for the price. Fee: $1,950 plus $1,000 per candidate G. Onsite Written Examination Proctoring: Onsite written examination proctoring is available at$100 per hour for each PST staff person required. H. Performance Profiles Indicator(PPI). The PPI is a DISC-type of assessment that reveals a candidate's job performance and aspects of their personality that could impact their manager, coworkers and team. It measures a candidate's motivational intensity and behaviors related to productivity. Two reports are generated; one for the employer and one for the candidate. Clients often use this tool to help identify who is the best "fit"for the position, and when it is coupled with the post-test comments from the assessors, these provide the foundation for a great career development conversation. Fee: $199 per candidate. I. Profiles XT Job Match. The Profile XT is a state of-the-art occupational assessment tool used to measure how well an individual fits a specific job in your organization. The job- matching feature enables you to evaluate an individual relative to the qualities required to successfully perform in a specific job. Through job analysis and other features, a model is created. When your candidates complete this assessment, their individual results are compared to the model and you are provided a detailed report on how the candidate compares to your model (%). Fee: $225 per candidate. J. Additional On-Site Meetings. Two on-site meetings are included in the package of services once the proposal is accepted and signed. Additional on-site meetings can be held at the client's request. Fee: $125 per hour (including travel time) plus travel expenses. K. Invoicing. PST will invoice the agency within 30 days of work being completed. L. Credit Card. A three percent (3%) fee will be added at the time of payment made using a credit card to cover processing fees. Promotional Testing Proposal Page 10 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 Please use this page to indicate what services you have selected for this process. Mason County Sheriff's Office Operations Lieutenant PROMOTIONAL TESTING SERVICES DESIRED IN THIS AGREEMENT ❑ 4 Exercise Assessment Center: ❑ One Day, 2 to 8 Candidates - $6,175 ❑ One and one-half Days, 9-12 Candidates—$7,175 ❑ Work Performance Rating ❑ 2-8 Candidates: One Day- $1,800 ❑ 9-16 Candidates: Two Days - $3,300 ❑ Additional Candidate Orientation Workshop -$500 ❑ Semi-Customized Written Examination for Washington Law Enforcement/Operations Supervisor/Manager-$149 per candidate (minimum 10 candidates) ❑ Fully Customized Written Examination for Washington Law Enforcement/Operations Supervisor/Manager-$3,949 ❑ Send final written test materials to: ❑ Supervisory Skills &Abilities Promotional Test. $999 plus$999 per candidate (Maximum 4 candidates. #of Candidates? ) ❑ Command Skills&Abilities Promotional Test. $1,950 plus$1,000 per candidate (Maximum 3 candidates. #of Candidates? ) ❑ Other(please describe): Promotional Testing Proposal Page 11 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 Agreement & Acceptance Please send your formal acceptance of this proposal by email, fax or mail to: Public Safety Testing, Inc. Attn: Colleen Wilson 20818-44th Ave W., Suite 160 Lynnwood, WA 98036 Email: Colleen@PublicSafetyTesting.com FAX: 425.776.0165 This proposal is valid for 90 days and needs to be accepted and returned to PST prior to eight weeks before the mutually agreed upon promotional testing date(s). Agreement&Acceptance: MASON COUNTY, WA PUBLIC SAFETY TESTING, INC. By: 4 Print: Jon F. Walters,Jr. Its: President Address: 20818-44 th Ave W, Suite 160 Lynnwood, WA 98036 Phone: 425.776.9615 Date: March 13, 2019 Billing Information: (Please complete if differentfrom contact information above) Billing Contact Name: Title: Address: City/State/Zip: Telephone: Email: Promotional Testing Proposal Page 12 of 12 Public Safety Testing, Inc. MASON COUNTY SHERIFF'S OFFICE—CORRECTIONS LIEUTENANT March 13,2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: May 7, 2019 Agenda Item # �,(p Commissioner staff to complete) BRIEFING DATE: April 29, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Resolution of Intent to form a lake management district for Spencer Lake (LMD #3) for a 10 year period commencing in 2020 and setting a public hearing on Tuesday, June 11, 2019 at 9:15 a.m. pursuant to RCW 36.61.030. Background: A petition has been received by the County with 35% of property owners signing in favor of creating the LMD for a 10-year period. There are a total of 185 parcels in the LMD. This resolution sets the first of two hearings and notice will be mailed to all property owners in the proposed LMD. Budget Impacts: The hard costs for the process will be paid by the Spencer Lake Steering Committee. Staff time is not reimbursed. RECOMMENDED ACTION: Approval of the Resolution of Intent to form a lake management district for Spencer Lake (LMD #3) for a 10 year period commencing in 2020 and setting a public hearing on Tuesday, June 11, 2019 at 9:15 a.m. pursuant to RCW 36.61.030. Attachment(s): Resolution of Intent Resolution No. A RESOLUTION declaring the intention of the Board of County Commissioners to establish Lake Management District No. 3 for Spencer Lake pursuant to Chapter 36.61 RCW and setting the public hearing on formation of the same. WHEREAS, there is an indication of significant support from Spencer Lake property owners for formation of a Lake Management District(LMD) as evidenced by the submittal of LMD petitions. WHEREAS, the Board of County Commissioners has considered the Spencer Lake Integrated Aquatic Vegetation Management Plan prepared by Mason County Noxious Weed Control for the Spencer Lake community which would be the basis for the work plan for the LMD. This Plan includes provisions is to control noxious aquatic weeds at Spencer Lake in a manner that allows sustainable native plant and animal communities to thrive, maintains acceptable water quality conditions and facilitates recreational enjoyment(boating, fishing, and swimming) of the lake. The Board of County Commissioners enters the following findings of fact: 1. Formation of an LMD to protect Spencer Lake's beneficial uses and water quality is in the public interest. This is evidenced by the broad support expressed by Spencer Lake property owners evidenced by the number of signatures appearing on the LMD petitions. All properties within the LMD boundaries have direct access to the lakefront or community access and enjoy significant opportunity to enjoy the lake through passive and active recreation, which is reflected in relatively higher property values. These property owners will collectively share the greatest amount of benefit from the lake management program. Benefit to each property is appropriately reflected in the rates, which provide for a charge based on the total assessed value of the property. 2. The financing of the lake improvement or maintenance activities is feasible. The LMD will guarantee the fees needed to continue with control measures of fragrant waterlily and other noxious aquatic plants and the costs of permits, monitoring, printing and mailing. 3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption. The herbicide will not harm fish or wildlife, and by eliminating the noxious aquatic plants, the native flora and fauna should be restored. 4. Financial security should not be required to cover the costs of the LMD process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Mason County as follows: 1. Pursuant to RCW 36.61.030, the Board of Mason County Commissioners hereby designates the proposed LMD as Mason County Lake Management District No. 3 for Spencer Lake. 2. Purpose of the Lake Management District: a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs. b. Employ proven techniques based on environmental safety. c. Conduct inspections to determine areas of invasive species infestation and effectiveness of treatments. d. Investigate and promote the best management practices for treatment of noxious weeds. e. Monitor for occurrence of as well as emergence of other lake plants that have been identified by the State of Washington as noxious. Resolution No. f. Maintain a volunteer advisory committee of lakefront owner representative to direct the efforts and funds of the LMD. 3. Charges to property: Annual rates and charges will raise funds to support LMD activities. Annual LMD budget and rates will be recommended by the LMD Steering Committee to be adopted by the county commissioners. The estimated amount that will be raised by the LMD rates in 2020 is $13,996. The total estimated LMD rate revenue for the 10 year LMD including a maximum 5% annual increase for inflation is $176,043. The annual 5% increase would only occur if approved by the LMD#3 Advisory Committee. The formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23 (twenty-three) cents per thousand valuation. Property owners within Lake Management District No. 3 currently enrolled in the Senior Citizen Exemption Program with the Mason County Assessor's Office will receive a reduction in their LMD rates &charges for the years in which they are entitled to the exemption with the County. In order to receive the reduction in any given year, property owners must have qualified on or before November 1 of the prior year. 4. The duration of the proposed LMD is 10 years, beginning in 2020. 5. The proposed boundaries of the District are all properties with lakefront access to Spencer Lake in Mason County, Washington. 6. Spencer Lake Management District Steering Committee: The volunteer Spencer Lake Management Advisory Committee will represent the interests of property owners with lakefront to the lake. Annual LMD work plan and budget will be recommended by the advisory committee for approval by the county commissioners. The Committee will track activities and expenditures. The County staff will provide Committee support including monthly financial reports and invoice payments to contractors. 7. In lieu of a $5,000 bond to cover the cost of the LMD process as authorized by RCW 36.61.030, the processing costs (postage, legal advertisements, paper and other necessary costs to create the District) shall be paid by the Spencer Lake Management Advisory Committee. 8. A public hearing on the formation of the proposed LMD No. 3 shall be held on June 11, 2019 at 9:15 a.m. in the Mason County Commission Chambers, 411 North 5th Street, Shelton, WA. ADOPTED this 7" day of May, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner APPROVED AS TO FORM: Timothy Whitehead Randy Neatherlin, Commissioner Chief Deputy Prosecuting Attorney C: LMD#3 Assessor Treasurer File J:\Lake Management District\Spencer Lake\LMD- Resolution of Intent#1.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: May 7, 2019 Agenda Item # g 1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063848-8064053 $ 927,297.99 Direct Deposit Fund Warrant #s 58323-58698 $ 685,104.07 Salary Clearing Fund Warrant #s 7004376-7004402 $ 476,436.00 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 8,309,807.29 Direct Deposit YTD Total $ 5,439,836.56 Salary Clearing YTD Total $ 5,684,541.99 Approval of Treasure Electronic Remittances YTD Total $ 1,776,128.16 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8063848-8064053 $ 927,297.99 Direct Deposit Fund Warrant #s 58323-58698 $ 685,104.07 Salary Clearing Fund Warrant #s 7004376-7004402 $ 476,436.00 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse, Environmental Health Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _279_ DATE: May 7th, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: March 18th, 2019 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Memorandum of Understanding with Squaxin Island Tribe for Water Quality work within Shellfish Protection Districts. BACKGROUND: Mason County has finalized its subrecipient agreement with Pierce County for various water quality work in the south sound areas of Mason County. Within this scope of work, Mason County intends to contract with Squaxin Island Tribe to complete part of the deliverables outlined. RECOMMENDED ACTION: Approve the MOU between Mason County Public Health and Squaxin Island Tribe. BUDGET IMPACTS: None. Project and funding were included in the 2019 budget. ATTACHMENT(S): Memorandum of Understanding for South Sound Shellfish Recovery Grant. 4/19/2019 MEMORANDUM OF UNDERSTANDING For South Sound Shellfish Recovery Grant Near Term Action ('MTA) 2.0 Project Deliverables THIS AGREEMENT is made and entered into by Mason County Public Health(hIC'PH) hereinafter referred to as the"administrator' and the Squaxin island I ribe(SIT),also referred to as the 'partner''. THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE the South Puget Sound area residents with field work and analysis that addresses water quality and water protection issues. MCPH wishes to enter into this Agreement with SIT to provide:a Quality Assurance Project Plan specifically for continuous sampling,water sample collection and testing,and technical expertise for data entry into GIS and STORET. These activities will help carry out the mission of South Sound Shellfish Recovery in an efficient and effective manner. THEREFORE,IT IS MUTUALLY AGREED THAT: 1. ADMINISTRATOR-Agrees to: a. Provide reimbursement up to S 18,500 in calendar years 2019 and 2020 to be applied toward the cost of water sample analysis,supplies,and SIT staff salary and benefits for STORET uploads,a Quality Assurance Project Plan,and sample collection.This work is funded through a grant ending on June 30, 2020. All work is to be completed and invoices to be provided to MCPH by June 1, 2020. MCPH will provide payment to SIT within 45 days of receipt of invoice. 2.PARTNER-Agrees to: a. Provide to MCPH on a quarterly basis an invoice for SIT's share of salary and benefits contribution. b.Perform the following deliverables: • Develop a QAPP addendum for continuous sampling; • Carry out bacterial(and possibly turbidity and nitrate)water quality sampling in freshwater tributaries; • Deliver water quality samples to Manchester Environmental Lab for analysis; • Update ADMINISTRATOR quarterly on progress; and • Enter water quality data for Mason County and Squaxin Island Tribe into the STORET data system. c. Provide data entry into the Financial and Ecosystem Accounting Tracking System(FEATS) report by'.March 25`s and September 25'each year. 4.TERM-The current funding for this work is from a grant that ends on June 30,2020. The term of this Agreement begins on January 1,2019 and lasts through June 30,2020. 5. RECORDS MAINTENANCE -The partner shall maintain all records with regard to this Agreement. Said records shall be made available to the administrator upon request. 6. AMENDMENTS-This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by the parties signatory to this Agreement. 7.NO WAIVER-By executing this Agreement,no signatory hereto waives any irmnunity or sovereign immunity that it has,and neither a grantee nor any other individual or entity is or shall be deemed a third- party beneficiary of this Agreement. 8.TERMINATION- This Agreement shall remain in full force and effect during its term unless terminated by either party as provided in this Agreement,and shall be subject to renewal by written agreement of the parties at the end of its term . Either party may tenninate this Agreement at any time by giving thirty(30)days'written notice to the other party of its intent to terminate.The Parties agree to meet within ten days of such notice,or such time as may be mutually agreed to by the parties and negotiate in good faith to resolve their dispute. 8. GOVERNANCE-This Agreement is entered into pursuant to and under the authority of RCW Chap. 39.34 (the Interlocal Cooperation Act).The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement,or between its terns and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules, b. Any other provisions of the Agreement,including materials incorporated by reference. 9.ALL WRITINGS CONTAINED HEREIN -This Agreement contains all the terms and conditions agreed upon by the parties.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF,the parties have executed the Agreement. MASON COUNTY PUBLIC HEALTH: SQUAXIN ISLAND TRIBE: Kevin Shutty,Chair Board of County Commissioners ( ►S� Q(' r Reviewed by(as to form): Tim Whitehead,Chief Deputy Prosecuting Attorney Contact: Alex Paysse,MCPH Phone: 360-427-9670,ext. 279. s MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 5/7/19 Agenda Item# g t (Commissioner staff to complete) BRIEFING DATE: 1/14/19 &4/29/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of a Resolution setting the amounts of bonds for Mason County officials, authorizing the Human Resources Department to obtain bonds for County Officials, setting a public officials position schedule bond and creating a Mason County Code. Background: As mandated in in RCW 36.16.050, every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds deemed necessary for other than elective officials shall be determined by the Board of County Commissioners. RECOMMENDED ACTION: Approval of a Resolution setting the amounts of bonds for Mason County officials, authorizing the Human Resources Department to obtain bonds for County Officials, setting a public officials position schedule bond and creating a Mason County Code. Attachment: Resolution I RESOLUTION NO. ESTABLISHMENT OF BOND REQUIREMENTS FOR MASON COUNTY ELECTED OFFICIALS AND OTHER PUBLIC OFFICIALS WHEREAS, RCW 48.28.010 provides an alternative form of surety to satisfy bonding requirements mandated in RCW 36.16.050, thus all county officers are included in the faithful performance, public officials position schedule bond (blanket bond); Assessor, Auditor, County Commissioners, Coroner, Deputy Coroners, District Court Judge, Pro- tempore, Clerks, Administrators; and WHEREAS, the Human Resources Department, as agent for the Board of County Commissioners, obtained bonds for the Mason County Treasurer in the amount of $150,000, which renews annually; and WHEREAS, all Elected Officials will be named in the public officials position schedule bond; and NOW THEREFORE, the Board of County Commissioners of Mason County, State of Washington, does resolve as follows: The Human Resources Department is authorized to annually renew the elected official bonds, position bonds and sureties with limits set by the Boards of County Commissioners as mandated in RCW 36.16.050. Designated The following bonds are established for elected officials of Mason County: (1) Assessor's position bond to be fixed at ten thousand dollars ($10,000). (RCW 36.16.050). (2) Auditor's position bond to be fixed at one hundred thousand dollars ($100,000) (RCW 36.16.050; RCW 65.12.090; RCW 42.24.180). (3) Clerk's bond to be fixed at one hundred thousand dollars ($100,000) and sureties to be approv4ed by the presiding judge over the court of which he or she is clerk and recorded in the office of the County Auditor and filed in the office of the County Treasurer. (RCW 36.16.050; RCW 36.16.060). (4) Coroner's and Deputy Coroner's bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (5) County Commissioners' position bonds to be fixed at twenty thousand dollars ($20,000) (RCW 36.16.050). r (6) District Court Judge, Pro-tempore, court commissioners, district court clerks and court employees' position bonds to be fixed at twenty thousand dollars ($20,000) (RCW 3.34.090; RCW 36.16.050). (7) Prosecuting Attorney's position bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (8) Sheriff's position bond to be fixed at ten thousand dollars ($10,000) (RCW 36.16.050). (9) Treasurer's bond to be fixed at one hundred fifty thousand dollars ($150,000) and sureties to be approved by the Board of County Commissioners and filed and recorded in the office of the County Clerk (RCW 36.16.050); Filing Requirements Every county official, before entering upon the duties of his or her office, shall file his or her official bond in the office of the County Clerk; PROVIDED, That the official bond of the County Clerk, after first being recorded by the County Auditor, shall be filed in the office of the county Treasurer. Bonds of deputies, court commissioners, and employees shall be filed in the office in which the bonds of their principals are required to be filed. (RCW 36.16.050; RCW 36.16.060). ADOPTED: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Sharon Trask, Commissioner Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 5/7/2019 Agenda Item # g,!'D Commissioner staff to complete) BRIEFING DATE: 4/15/2019 & Interview was held on 4/22/2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Selection of Mason County Board of Equalization alternate member. Background: On 3/5/2019, a News Release was circulated seeking applicants to fill a regular and alternate position on the Board of Equalization. A total of two applications were received to fill these two positions with a term ending on 5/31/2022. Janice Loomis applied and has been reappointed as a regular member. The remaining applicant, Carl Soper, has been interviewed by the County Commissioners. Required training with the Department of Revenue is set for June 4 — 6. Budget Impacts: Members receive $100 per diem, per day, when in session and this is budgeted. RECOMMENDED ACTION: Appoint the alternate member to the Mason County Board of Equalization for a three-year term ending May 31, 2022. Attachment(s): None Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kristopher Nelsen, Action Agenda Permit Assistance Center Manager Public Hearing Other DEPARTMENT: Community Services EXT: _359_ COMMISSION MEETING DATE: May 7, 2019 Agenda Item # N Commissioner staff to complete) BRIEFING DATE: April 22, 2019 BRIEFING PRESENTED BY: Kristopher Nelsen, PAC Manager [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Online Privacy Policy. BACKGROUND: In the absence of an applicable countywide policy for when personally identifiable information may be gathered on the county's website or affiliated website(s), it is imperative to inform users on how county uses such information. Examples of personally identifiable information may include but not be limited to; name, address, telephone and fax numbers, social security number, and credit card, debit card or other charge card information. It is recommended that a simple policy be approved that informs any user of the county's online resources where personally identifiable information may be required, how is it collected and/or used by the county. BUDGET IMPACTS: Posting RECOMMENDED ACTION: Approve interim online privacy policy until superseded by countywide adopted or amended policy. ATTACHMENT(S): Online Privacy Policy H:\Commissioners\Online Privacy Policy agenda Commission Agenda Item Summary Template.doc Privacy Polio Your privacy is important to the Department(s) using this website or online portals. This privacy statement provides information about the personal information that the website or portal may collect, and the ways in which a Department(s) uses that personal information. Personal information collection With respect to users' use of county website or portal, personally identifiable information is subject to the user electing to make such information available to the department(s).[1] "Personally identifiable information" includes name, address,telephone and fax numbers, social security number, and credit card, debit card or other charge card information. Personally identifiable information does not include information that is collected anonymously(i.e., without identification of the individual user) or demographic information not connected to an identified individual.The department(s) reserves the right to change its privacy policy by announcing and posting the changes on the county's website. Collection of Personally Identifiable Information If during your visit to the county's website or online portal you participate in a search, send an electronic mail message, or perform some other transaction online, such as applying for a permit,the following additional information will be collected: The e-mail address and contents of the e-mail,for those who communicate with us via e-mail, Information volunteered for permit payments, and Information volunteered through an online form for any other purpose. Online transactions requiring you to provide personal information may be completed by other means such as in person, by e-mail, or phone. Use of Personally Identifiable Information The Department(s) and SmartGov portal will not share personally identifiable information with third parties without your permission,other than in the good-faith belief that such action is necessary to: (a) comply with legal requirements; (b) protect the rights or property of Mason County or its affiliates, or(c) protect public safety in urgent circumstances. Information Collected from Password Protected Areas When users log into one of the password-protected secure areas of our site,we track user's log-on ID, password, name, status(user, staff, etc.),which secured areas are available to that person, and error status.The website and portal only uses cookies when a user logs into a secure area of our site that requires a password. P a g e 11 2 (Agenda item 5/7/2019) ..0 Other websites This site contains links to other sites. Mason County is not responsible for the privacy practices or the content of such websites, nor is Mason County an endorser of linked sites. No Liability Mason County shall not be liable to any user, for any violation of this privacy policy or for any future changes to the policy, or for any third party's violation of this privacy policy or the privacy or confidentiality policies of the third party. Mason County shall not be liable for any damages, including actual, special, punitive, consequential, exemplary, statutory, or other damages, attorneys fees or costs, charges, fines,or any monetary compensation,to any user, for any claim, lawsuit, action or other proceeding arising from, relating to, or in connection with this privacy policy or future policies or any use of or access to Mason County's website or affiliate. Contact If you have any questions about this privacy policy or a department's treatment of your personal information, please write to the specific Mason County Department. Department contact information is available at: www.co.mason.wa.us P a g e 2 12 (Agenda item 5/7/2019) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: May 7, 2019 Agenda Item # SS, C-)- (Commissioner staff to complete) BRIEFING DATE: April 1, 8, 15, 22 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution setting the salary of the elected Sheriff at 5% above that of the Undersheriff and the salaries of the Auditor, Assessor, Clerk, Coroner, and Treasurer (Elected Officials) to that of the highest paid Mason County Commissioner effective January 1, 2020 and thereafter. Background: Since 2016, the salaries of the Auditor, Assessor, Clerk, Coroner and Treasurer have been established at 95% of the Commissioners' salary and the Sheriff's salary has been established at 22% above the Elected Officials' salary. The Board has determined that the salary for the elected Auditor, Assessor, Clerk, Coroner and Treasurer shall be set equal to that of the highest paid Mason County Commissioner and the salary for the elected Sheriff shall be set at 5% above that of the Undersheriff effective January 1, 2020. Budget Impacts: In 2020, $31,821 for the elected official salary increase plus $39,175 for the Sheriff salary increase. RECOMMENDED ACTION: Approval of the resolution setting the salary of the elected Sheriff at 5% above that of the Undersheriff and the salaries of the Auditor, Assessor, Clerk, Coroner, and Treasurer (Elected Officials) to that of the highest paid Mason County Commissioner effective January 1, 2020 and thereafter Attachment(s): Resolution RESOLUTION AMENDING RESOLUTION 95-16 ESTABLISHING THE SHERIFF SALARY AT 5%ABOVE THAT OF THE UNDERSHERIFF AND SETTING THE SALARIES FOR THE FOLLOWING MASON COUNTY ELECTED OFFICIALS: AUDITOR,ASSESSOR, CLERK, CORONER,TREASURER WHEREAS, RCW 36.17.020 states "The county legislative authority of each county ... is authorized to establish the salaries of the elected officials of the county...; WHEREAS,the Mason County Commissioners establish the salaries of the Auditor,Assessor, Clerk, Coroner,Treasurer and Sheriff and they recognize the importance of establishing the salaries of the elected officials at a competitive level; WHEREAS, historically the salaries of the Auditor,Assessor, Clerk, Coroner and Treasurer have been established at 95%of the Commissioners' salary and the Sheriffs salary has been established at 22% above the Elected Officials' salary; WHEREAS,the Board has determined that the salary for the elected Auditor,Assessor, Clerk, Coroner and Treasurer shall be set equal to that of the highest paid Mason County Commissioner; WHEREAS,the Board has determined that the salary for the elected Sheriff shall be set at 5%above that of the Undersheriff; NOW THEREFORE BE IT RESOLVED,the elected Sheriff shall be set at 5%above that of the Undersheriff effective January 1, 2020 and thereafter. BE IT FURTHER RESOLVED,the salaries of the Auditor,Assessor, Clerk, Coroner, and Treasurer(Elected Officials) shall be set equal to that of the highest paid Mason County Commissioner effective January 1, 2020 and thereafter. DATED this day of May, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: 5/7/2019 Agenda Item #10.1 Commissioner staff to complete) BRIEFING DATE: 4/8/2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Hearing to sell Parcel No. 32105-50-23000 on E. Hyland Dr. for $65,000. BACKGROUND: Parcel No. 32105-50-23000 was originally surplussed in 2014 via Resolution 71-14. The Board has received an offer to purchase this property from William Simmons. RECOMMENDED ACTION: Approval to sell surplus parcel no. 32105-50- 23000 in the amount of$65,000 ATTACHMENT(a : Resolution 71-14 Purchase and sale agreement Resolution L•\Property Mng\Property Offers&Negotiations\32105-50-23000 Hyland Dr\Hearing 5.7.19.doc RESOLUTION NO. DECLARATION OF SURPLUS PROPERTY AND APPROVAL OF SALE WHEREAS, Mason County owns the real property listed and legally described in Exhibit A, Attached hereto; and WHEREAS, certain parcels of the property are tax title property with delinquent property tax, penalties, interest and expenses owing; and WHEREAS, other parcels were acquired for various purposes; and WHEREAS, the Board of County Commissioners upon the recommendation of the Property Manager and Property Management Committee has determined that the property is surplus to the needs of the County; and WHEREAS, the Mason County Board of Commissioners, on December 9th, 2014, held a public hearing during which members of the public were able to testify before the Mason County Board of Commissioners regarding the property, the proposed declaration of surplus and sale. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Mason County Board of Commissioners that the real property described in Exhibit A, attached hereto, is declared surplus property and the Property Manager is authorized to offer all of said property for sale, first by the County's Real Estate professional and, as necessary by any of the several means authorized by Mason County Code 3.40. List prices are to be recommended by the County Real Estate professional and approved by the County Commissioners. The County Commissioners may adjust these prices upon receiving new information from the County Real Estate professional. The final selling prices are to be approved by the Board of County Commissioners; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Facilities and Parks fund for expenses of the Property Manager; and finally to the Reserve for Accrued Leave Fund. DATED this_q_day of ` ° 1r° , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Q Julie Almanzor, Clerk of the B d Ran Neatherlin, Commissioner APPROVED AS TO FORM: Tim Sheldon, Commissioner Tim Whitehead, Deputy Prosecuting Terri Jeffreys, ai Attorney Assessor Auditor Treasurer Property Manager EXHIBIT A SURPLUS PROPERTY November 3, 2014 Parcel Number Address or Legal Description Land Size Value 1 32105-50-33004 UNION - MCREAVY'S 3RD BLK: 33 7 acres Needs LOTS: 4-16 &ALL BLKS 34-40 INC assessme nt 2 32019-56-24005 Needham and Days N1/2 tract D, lot in .15 $7,500 City of Shelton 3 42212-50-01051 Lot off 101 in Hoodsport. Block 1, Lots 0 $760 51-55 EX 4 22206-53-00040 70 NE Firwood Place,Tahuya 0 $900 5 12209-34-00060 TR 6 OF SE SW. Classified as .26 $7,200 Transportation. Quail Hill Road Right of Way, Belfair. Uneconomic R. 6 12220-50-80901 ALLYN BLK: 80 VAC PTN SHERWOOD ?? 0 AVE 10' wide AD] Lot: 6 1/4 interestADI LOT: 6 - 1/4 INT No Map available 7 42212-51-10903 Hoodsport mcReavy add block 10 tract ?? 0 4 No map or information 8 42212-51-10901 HOODSPORT - MCREAVY'S ADD BLK: ?? $500 10 TR 4 1/2 INT. No map available 9 42024-13-00480 Property under 101 overpass behind .27 $265 Miles Sand and Gravel 10 61930-51-00001 Lot 1 Riverhaven, near Decker Creek, 0 $90 Schafer Park Rd 11 32205-75-90010 1560 NE Hahobas Dr Tahuya, Dump site 3.05 $34,400 and clean up acres 12 32018-52-01902 REED'S ADDITION TO SHELTON BLK: .04 $375 1 LOT: 9 S 125' EX E 45' OF Long narrow property in Shelton- Useless 13 22035-23-00000 GOVT LOT 1 1/144TH INT. No Map 29 acres $1285 14 12118-22-00011 Uneconomic Rem. Off Grapeview loop .5 acres $7,020 road. Possible RV site? 15 12118-22-00012 Uneconomic Re. off Grapeview Loop .36 acres $8,775 Road 16 12207-34-60020 Off Rasor Road, logged in 2014 5 acres $45,500 17 12220-34-00080 Off Grapevie Loop Road, Uneconomic 1.9 acres $20,800 Rem -waterfront 18 22002-75-00170 1210 E Deer View Circle, Harstine Island 5 acres $52,000 Dump site 19 22005-30-02323 No results 20 22005-55-00007 91 E Wilchar Blvd—hulk mobile home ? $5,000 21 22005-55-00008 91 E Wilchar Blvd—hulk mobile home ? $5,000 22 22005-55-00009 91 E Wilchar Blvd—hulk mobile home ? $39,665 23 22129-24-6000 Land on SR3 by Pickering Intersection 2.5 acres $15,750 24 22129-75-90092 Anthony Road junk yard, needs clean 1.04 $15,300 up acres 25 22129-75-90093 Anthony Road junk yard, needs clean 1.03 $15,300 up acres 26 22213-11-60030 Near Rasor Road,Access issue, logged 26 acres $65,000 in 2014 27 32105-50-23000 McReavy Road vacant land, adjacent to 9 acres $54,720 transfer station 28 32105-50-33004 McReavy Road vacant land, adjacent to 7 acres No transfer station estimate 29 32232-52-08021 Lot next to Union Park .6 acre $6,440 30 52024-41-00000 NE SE EX SEE SURVEY 1/233 Little 6.5 acres $14,650 Egypt Rd 31 52024-41-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 32 52024-41-00040 S1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 33 52024-41-00050 S1/2 S1/2 NE SE SEE SURVEY 1/233 10 acres $12,500 Little Egypt Rd 34 61936-41-00040 On Cloquallum Road, almost in GH .96 acres $4,095 County Authentisign ID:7994FC52-B42E-4B26-A3A1$8299FF6665C Form 36 Sim—!lft&MM ©Copyright 2011 Counteroffer Addendum r "t Northwest Multiple Listing Service Rev.8/11 COUNTEROFFER ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the offer(Real Estate Purchase and Sale Agreement)dated March 13,2019 1 concerning 511 E Hyland Drive Union WA 98592 (the'Property"), 2 Address City state Zip by William V Simmons as Buyer 3 and the undersigned Mason County as Seller 4 are accepted,except for the following changes. 5 lid The Purchase Price shall be$ 65,000.00 Sixty Five Thousand Dollars 6 7 ❑ Other. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This counteroffer shall expire at 9:00 p.m. on 04/02/2019 (if not filled in, two days after it is delivered), 27 unless it is sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the counterofferor, 28 their broker or at the licensed office of their broker. If this counteroffer is not so accepted, it shall lapse and the 29 Earnest Money shall be refunded to Buyer. 30 All other terms and conditions of the above offer are incorporated herein by reference as though fully set forth. 31 CAuthenfiuGz om % y 03/25/2019 Igna LuM Fm Fu 1 Date Signature Date The above counteroffer is accepted. Signature Date Signature Date Authentisign ID:E78DOEA8442E-4D95-B7FO-7CB4B746EAF2 ^ `� Form 25 t{ ©Copyright 2017 Vacant Land Purchase&Sale ' Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: March 13,2019 MLS No.:1409960 Offer Expiration Date: 3/19/2019 2. Buyer: William V Simmons An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 321055023000 511 E Hyland Drive Union Mason WA 98592 Address City County State Zip 5. Purchase Price:$48,000.00 Forty-Eight Thousand Dollars 6. Earnest Money:$ 1,000.00 56 Check; ❑ Note; ❑ Other (held by❑Selling Firm; 66 Closing Agent) 7. Default: (check only one) UA Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Escrow Colleen Reamer Company Individual(optional 10. Closing Date: 4/15/2019 Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); 66 Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; G6 is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property: ❑must be subdivided before ; G6 is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: ❑ Buyer; I Seller; ❑both parties; ❑ neither party Listing Broker represents: 9 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22LA(Land/Acreage) 34(Addendum) Authenfisio r 03/13/2019 .PPrr.� GG aatt����. Y37A0 iT%PDT Date Sellers Signature Date Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. bilabus59@gmail.com Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@Rich ardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B740EAF2 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a parry or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s) shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyers interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyers assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyers lender or Closing Agent, at Sellers expense, to apply for the then-current 45 ALTA form of standard form owners policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyers sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Sellers inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 flosin"a Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 OV5 03113/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:E7800EA8-442E-4D95-B7F0.7CB4B746EAF2 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowners association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 leI holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 aturd y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4Dg5-B7FO-7CB4B746EAF2 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2117 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 L Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 cl. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party,the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 IWV51 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third parry beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyers agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyers needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 IV-4 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:E78DOEA8-442E-4D95$7FO-7CB4B746EAF2 Forth 22D j ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated March 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive Union WA 98592 (the"Property"). 4 Address city State Zip CHECK IF INCLUDED: 5 1. 66 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Sellers expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑other 40 IWV51 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:E78DOEA8-442E-4D95-B7F0-7CB4B746EAF2 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [IjV115] 03/13!2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 Form 22 L&A d fedllmllIliliI ©Copyright 2010 Land&Acreage Addendum r Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated March 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive Union WA 98592 (the"Property"). 4 Address city State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections,tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 11y,151 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-42E-4D95-B7FO-7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by Y b (10 days if not filled in) 50 Buyer Seller ❑ ❑ i. Survey. Completion of survey to verify information days 51 regarding the Property as listed in 1(b). 52 ❑ ❑ ii. Perc Test. Perc or similar test indicating that the days 53 Property is suitable for installation of conventional 54 septic system and drainfield. If the sale fails to close, 55 the party who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System.The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests (4 hour draw days 71 down test or other test selected by Buyer) showing a 72 sustained flow of g. p. m., which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs.Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice, with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E4D95-B7FO-7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS (check as applicable) 81 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants' operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within 20 (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 110 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 111 pens; ❑ gates and fences; ❑ chutes; ❑ other: . 112 The value assigned to the personal property included in the sale shall be $ . 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 IWV51 03/13/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7F0.7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in) of mutual acceptance: 120 121 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural ❑timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares (Seller if no box is checked). 142 c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days(10 days if not filled in)of mutual acceptance. 150 11eyd 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B748EAF2 �p/1c� Form 22T iiw—d+ '�f� ©Copyright 2015 Title Contingency Addendum omw- Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated March 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive Union WA 98592 (the"Property"). 4 Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 6 days (5 days if not filled in)from li the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 lord 03/13/2019 Buyers Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT 3/13/2019 The fII win Is art of the Purchase and Sale Agreement dated 1 William vpm is between ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 be'�r1 E Hyland Drive, Union, CA 98592 concerning (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1.This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 104 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 Exhibit Loo 1 to 16,both inclusive,Block 23 Lots 1 to 16.both inclusive, Block 2k Lots 1 W 16,both inclusive,Block 25. Lots 1 to 1B,both mdusive,Block 26 Lots 1 to 16,both inclusive,Block 27 Lots 1 to 16,both inclusive,Block 28; Lots 1 to 16,both inclusive,Block 29; Lots 1 to 16,both inclusive,Block 30. Lets 1 to 16,bath inclusive;Block.31;and Lots 1 lo 16,both inclusive,Block 32; TOGETHER WITH all those Portions of the West half(W 1l2)of the vacated alley adjoining sartl. to k 23 and 24 on the East,which attached thereto by operation of law upon its vacation;TOGETHE ITH all that part of the vacated portion of Southside Avenue lying Easterly of the Westerly line of said alley extended Southerly,which attached thereto by operation of law upon its vacation;and TOGETHER WITH all that part of the vacated portion of Kittiinge Avenue lying Easterly of the Westerly line of said alley extended Northerly,which attached thereto by operation of law upon its vacation, all in McReavy's Third Addition to lotion,Volume 1 of Plats;page 22,records of Mason County, Washington. Parcel No_32105 fl 4000 lw � 03/13/2019 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1409960 511 E Hyland Dr,Union 98592 STAT: Active LP: $75,000 County: Mason LT: BLK: 23-32 CMTY: South Shore - PRJ: Union McReavyss 3rd Type: Vacant Land CDOM: 34 AR: 173 TAX: 321055023000 OLP: $75,000 MAP: GRD: Internet: Yes DD: Across from 510 Hyland Dr,follow FIN: x .. powerlines north approx 600 ft.Subject is LD: 02/08/2019 located East of McReavy Rd.North of XD: 10/16/2019 Hyland Dr and W/NW of Alderbrook Ridge OMD: Dr.May be easiest to park at rd and walk "y" w 3 r in. 'w LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Not Provided ZNR: RR5 QTR/SEC: 5213 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton WA POS: Closing TX$: TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 41 -Res-Over 1 Acre WRJ: Right of First Refusal: No ACR: 9.200 LSF: 400,752 LSZ: 628x816 WFG: DOC: WFT: LDE: VEW: Territorial HOA: RD: RDI: See Remarks IMP: FTR: Brush TPO: Sloped SLP: LVL: Community Features: WTR: Not Available SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SOX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.Maybe subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Buyer to verify access. Marketing Remarks: 9+acres of recently logged land near Alderbrook golf course has potential views of Hood Canal. Realist Tax Tax ID: 3-21-05-50-23000 Tax Year: Ann Tax: Address: Townshp: 1 404 Pi F6 L H P County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Surplus Property Assess Imp: Assess Ttl: $69,775 Assess Year: 2017 Land As: $69,775 Lot Depth: Lot Front: Lot SF: 400,752 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 03/14/2019-11:13AM RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the real property parcel #32105-50-23000, located on E. Hyland Drive, Union, WA that was declared surplus by Resolution No. 71-14 at a public hearing on December 9, 2014; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$65,000 from William V. Simmons and a public hearing was held on May 7, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that the property described above (parcel #32105-50-23000) is approved at the price of $65,000 to William V. Simmons; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 7th day of May, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Vice-Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: May 7, 2019 Agenda Item #)0 �- (Commissioner staff to complete) BRIEFING DATE: April 8, 15 and 22, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public hearing to consider the resolution submitting a ballot proposition to enact the .3% Public Safety Sales Tax. If approved, the proposition will be on the August ballot. Proposed Use of Criminal Justice Sales Tax Proceeds: Expected Revenue $1,300,000 Additional Correction Deputies +6 FTE's $400,000 31% Inmate Outsourcing $360,000 28% Jail Construction/Improvement Reserve $120,000 9% Pre Trial Services +1.5 FTE $120,000 9% District Court +1.5 FTE $100,000 8% Public Defense Paralegal +1 FTE $ 70,000 5% Clerk +1 FTE $ 70,000 5% Prosecutor +.5 FTE $ 60,000 5% Ballot Measure Text: Sales and Use Tax Increase of 0.3% for Criminal Justice Purposes. Mason County adopted Resolution No. XX-19 concerning a sales and use tax increase pursuant to RCW 82.14.450. If approved, this proposition would authorize the County to impose an additional sales and use tax of 0.3%, split between the County (60%) and the City of Shelton (40%) as required by state law. Proceeds shall be used exclusively for criminal justice purposes in accordance with RCW 82.14.450. Budget Impacts: $1,300,000 additional revenue for Criminal Justice Purposes RECOMMENDED ACTION: Approval of the resolution submitting a ballot proposition on the August ballot to enact the .3% Public Safety Sales Tax. Attachment: Resolution RESOLUTION # A RESOLUTION SUBMITTING A BALLOT PROPOSITION TO THE VOTERS OF MASON COUNTY IMPOSING AN ADDITIONAL .3% COUNTY SALES AND USE TAX FOR CRIMINAL JUSTICE PURPOSES, PURSUANT TO RCW 82.14.450 WHEREAS, RCW 82.14.450 authorizes the county legislative authority to adopt a resolution providing for the submission of a proposal to the voters for a sales and use tax for criminal justice purposes, also known as the Public Safety Sales Tax; and WHEREAS, the Mason County Citizen's Budget Advisory Committee and the Public Safety and Criminal Justice Task Force Committee recommended that Mason County implement the .3% Public Safety Sales Tax increase to be used for criminal justice/public safety needs; WHEREAS, a public hearing was held on May 7, 2019 to consider public testimony on submitting the ballot proposition to the voters at the August primary election; WHEREAS, the Board of Mason County Commissioners wish to submit the ballot proposition to the voters of Mason County imposing an additional sales and use tax of .3% split between the County (60%) and the City of Shelton (40%) as required by state law. Proceeds shall be used for criminal justice purposes in accordance with RCW 82.14.450; NOW THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners, pursuant to RCW 82.14.450, the proposition to be submitted to the voters of Mason County at the August 2019 primary election shall read substantially as follows: Proposition No. Sales &Use Tax Increase of .3% for Criminal Justice Purposes The Mason County Board of Commissioners adopted Resolution No. concerning a sales and use tax increase pursuant to RCW 82.14.450. If approved, this proposition would authorize Mason County to impose an additional sales and use tax of .3%, split between the County (60%) and the City of Shelton (40%) as required by state law. Proceeds shall be used exclusively for criminal justice purposes in accordance with RCW 82.14.450. Should this proposition be: Approved Rejected Passed this 7th day of May, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2019\.3% Public Safety Sales Tax resoluton to ballot.docx