HomeMy WebLinkAbout2019/06/24 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of June 24, 2019
Monday, June 24, 2019
Commission Chambers
9:00 A.M. Support Services — Frank Pinter
10:00 A.M. Community Services — Dave Windom
10:30 A.M. BREAK
10:35 A.M. Public Works — Loretta Swanson
Utilities & Waste Management
11:00 A.M. District Court — Judge Steele
Commissioner Discussion — as needed
BREAK— NOON
2:00 P.M. Public Works/FCS Group — Loretta Swanson/Gordon Wilson
Belfair Sewer Financial Analysis
Commissioner Discussion — as needed
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 06/20/19 at 11:43 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 COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
June 24, 2019
In the spirit of public information and inclusion, the attached is a draft of
information for Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion and is not all
inclusive of what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
co
1854
m Budget Management
Mason County Support Services Department
OK cook th Commissioner Administration
411 North 5 Street
Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
June 24, 2019
• Specific Items for Review
o July 30 is 5th Tuesday—hold special Commission meeting?—Diane
o Request to remove Belfair Sewer Advisory Committee from County Code - Diane
o Review of 2020 Budget Guidelines-Jennifer
o Review Budget Reserve Amounts—Jennifer
o Request for funding for Belfair Sewer from .09 Sales Tax Fund -Jennifer
o North Mason MCSO Office Lease—Kelly
o Amend County Code for Camping Prohibited — Ross
o YTD report on county surplus property sales—Frank
o Review of Public Safety Tax proposition information - Frank
• Commissioner Discussion
J:\DLZ\Briefing Items\2019\2019-06-24.docx
Mason County, WA Code of Ordinances Page 1 of 2
Chapter 2.146 - BELFAIR SEWER ADVISORY COMMITTEE
2.146.010 - Established.
The Belfair Sewer Advisory Committee ("committee") is hereby established to gather community
input and provide recommendations to the Mason County Board of County Commissioners
("commissioners") regarding the development and funding of the existing and subsequent phases of
the Belfair Sewer System.
(Res. No. 14-13, 3-19-2013)
2.146.020 - Scope.
The initial scope of the committee's work plan shall include the following: sewer service
development; recommendations on the timing and location of sewer service expansion; capital
construction funding and make recommendations on how to fund expanded services including, but not
limited to, current and future debt; study feasibility of all statutorily authorized customer-based funding
mechanisms (ULIDs, etc.) and make recommendations if indicated; strategies to promote
development; review existing sewer service code and regulations and make recommendations on any
necessary revisions with the goal of allowing development immediately while increasing the system's
customer base for the future.
(Res. No. 14-13, 3-19-2013)
2.146.030 - Membership.
The committee members shall serve with no compensation and shall be appointed by the
commissioners. The committee's term shall end one year after it is established unless extended by the
commissioners.
The committee will consist of no more than eleven members who represent the following interest
groups:
Residents of the Belfair Urban Growth Area
Property owners of the Belfair Urban Growth Area
Belfair businesses, both those currently served by the sewer and those not served by
the sewer within the Belfair Urban Growth Area
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Mason County, WA Code of Ordinances Page 2 of 2
North Mason Chamber of Commerce Representative
Community Association Representatives within the Belfair Urban Growth Area
Homeowners Association Representatives within the Belfair Urban Growth Area
Port of Allyn Representative
Economic Development Representative
(Res. No. 14-13, 3-19-2013)
2.146.040 - Meetings.
Committee meetings shall be subject to the Open Public Meetings Act and facilitated by the
Mason County Department of Public Works with the assistance of Mason County's Department of
Community Development and Public Health.
(Res. No. 14-13, 3-19-2013)
2.146.050 - Training required.
Members will be required to attend trainings made available by Mason County on the Open Public
Meetings Act and Public Records Act. These trainings may be scheduled during the regular operating
hours of the county and will be offered at no cost to the members.
(Res. No. 14-13, 3-19-2013)
about:blank 6/4/2019
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: June 10, 2019 and June 17, 2019
ITEM: Draft 2020 and 2021 Budget Guidelines
EXECUTIVE SUMMARY: The budget guidelines are required to go out to departments on the second
Monday in July, per RCW 36.40.010. In an effort to begin a biennial budget in 2021, the guidelines
include instructions to departments to enter budget numbers for the second budget year in Munis.
BUDGET IMPACTS:
RECOMMENDED OR REQUESTED ACTION: Request the Board approve and sign the 2020 and 2021
Preliminary Budget Guidelines at the July 2nd meeting.
ATTACHMENTS: Budget Guidelines—Draft 2
J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2019\Briefmg Summary 6.24.2019-Budget
Guidelines.doc
July 8, 2019
To: Elected Officials& Department Heads
Re: Mason County Commissioner's 2020 and 2021 Preliminary Budget
Preparation Guidelines
The following are the Board of County Commissioners guidelines for the
Preliminary Budget. Preliminary budgets are due to the Auditor in the Munis
Financial System by close of business on Monday,August 12, 2019.
Revenue in 2020 is projected to be level with 2019.The County will strive to build
reserve balances with all unexpended and one time revenues, in accordance with
reserve requirements in Resolution No. 58-17.
Department Heads and Elected Officials are asked to present a 2020 budget at
2019 amended budget levels at 6/30/19, and a 2021 "shadow budget" at 2020
levels, plus CBA and other contractual increases.
Please implement the following guidelines when developing both 2020 and 2021
Preliminary Budgets:
REVENUE LEVELS
■ Current Expense Property Tax levy will include a 1%increase.
■ Roads Property Tax levy will include a 1%increase.
■ Budget with existing fees and service charge schedules; review for proposed fee
increases if possible.
■ Grants should be budgeted conservatively with projected amounts to be
received within the proper budget year.
■ Interest rates on investments will be .50%.
■Transfers in—Fill out the attached transfer form and send to the transferring
department for signature, and return to the budget office.Transfers in without a
form or equivalent transfer out offset will not be considered in the budget.
■ Reimbursable interdepartmental revenue budgeted in one fund should be
budgeted as an expense in another fund via the attached form. Requests without
a form or equivalent offset will not be considered in the budget.This includes
departments receiving Mental Health Fund revenue.
EXPENDITURE LEVELS
■ Wages for union represented employees with signed union contracts should
reflect general wage, step,and COLA increases as outlined in the contracts.
■ Wages for non-represented employees shall reflect step increases only.The
BOCC may increase non-represented wages at a later date.
1
■ Wages for Elected Officials shall reflect the increase stated in Resolution No. 39-
19, except for Prosecuting Attorney wages in Resolution No. 22-19, and BOCC
wages in Resolution No. 73-12.
■ 2020 ER&R vehicle rates are attached (use budget expense accounts ending in
545951).
■Traffic Policing Diversion at$2,160,000—Funding from Roads Property Tax Levy.
The BOCC may change the diversion amount during budget preparation.
■ Budget any debt service per the attached Treasurer's Debt Service schedule.
■Transfers out—The attached transfer form is signed by the transferring from
department and returned to the budget office for processing during the budget
year.
■ Reimbursable interdepartmental expenses budgeted in one fund should be
budgeted as revenue in another fund and approved by the other department via
the attached form.
■ Human Resources will supply the Benefit Rate Sheet and Medical Allocation (use
budget expense accounts ending in 520040 for medical) for 2020 and 2021.
Medical budgets should reflect maximum amounts paid by the County times the
number of FTEs.
■2020 and 2021 Reserve for Technology rate will be$285 per FTE—Per the
benefit rate sheet(use budget expense accounts ending in 541501).
■ 2020 and 2021 Unemployment rate will be $200 per FTE. (Elected Officials do
not receive an unemployment rate charge.)—Per the benefit rate sheet(use
budget expense accounts ending in 546096).
■ 2020 internal allocation amounts are attached—see tab A-1 (use budget
expense accounts ending in 541019).
■ 2020 Information Technology charges are attached (use budget expense
accounts ending in 545952).
■ 2020 State Auditor Charges are attached (use budget expense accounts ending
in 541510).
■ Building remodel request forms emailed to departments on June 6th should have
been returned to Facilities by July 5th so that Facilities may budget accordingly.
■ Expenditure authority shall be adopted as two bottom lines for all Elected
Officials and County Department budgets, including Special Funds, in accordance
with Resolution No. 26-17: one bottom line for the total salaries and benefits and
one bottom line for operational expenses. Ending Fund Balance is not an
appropriation.
2
■ Overall expenditures will be reviewed in relation to reserve requirements
identified in Resolution No. 58-17.
■ Departments are encouraged to seek out new grant awards.Additional
expenditure requests in order to hire a grant writer will be considered by the
BOCC.
MUNIS BUDGET
Prepare your internal budget analysis via any mechanism you prefer in
preparation of Munis entry.The Auditor will send processing instructions to
submit Budgets in Munis.
The 2020 Munis budget entry will include the following:
■ Budget 1—Preliminary Budget Request—Budget Level 1 will be populated with
2019 amended budget numbers at 6/30/19. Departments may change the
numbers to the requested amounts.
■ Budget 2—Auditor's Preliminary Budget—The Auditor will make error
correction changes to preliminary budget requests.
■ Budget 3-Maintenance Level Changes(MLC)—This is departments' 2019
amended budget at 6/30/19 plus non-discretionary changes, i.e. CBA's in effect,
L&I, DRS, and medical changes. Positions approved at the 3/19/19 &6/18/19
budget hearings will be included in Budget Level 3. Budget Level 3 will be entered
by the Budget Office.
■ Budget 4—Policy Level Changes(PLC)—This is the difference between Budget
Level 2 and Budget Level 3, and will populate automatically.The attached project
form is required to be filled out for EACH new"project" requested in the 2020
budget.A project request may include multiple BARS lines, and both revenue and
expenses to show how the "project" number was derived.The following are
considered projects:
1. New staffing request(s)
2. Capital &Vehicle Purchases
3. Operational requests by project
4. All other items over Maintenance Level Changes
The 2021 Munis budget entry will include the following:
■ Budget 1—Enter any changes to the 2020 budget for the 2021 budget.
BUDGET NARRATIVES
A Budget Narrative should include the following information and is due to the
Budget Manager via email (no paper copies) by September Stn:
■ 2018, 2019, and 2020 FTE count, and Organizational Chart
■ FTE position allocations and funding sources, if any
3
■ Proposed Fee Increases
■ Workload Indicators—include a 3 year history comparison
■ Project Level Changes(Budget Level 4 in Munis—Instructions and training to
follow)
Countywide trainings will be provided by the Budget Manager in the Commission
Chambers on July 111h at 9:00 am and 2:00 pm.
Sincerely,
BOARD OF MASON COUNTY COMMISSIONERS
Kevin Shutty Randy Neatherlin Sharon Trask
Chair Com'missioner Commissioner
4
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: N/A
ITEM: Mason County Reserve and Contingency Policy draft to replace Resolution No. 58-17
EXECUTIVE SUMMARY:
The Mason County Board of County Commissioners adopted Resolution #58-17 setting a reserve and
contingency policy for the County's General Fund.The attached draft proposes revising this resolution to
include Special and Other County Fund reserves, which include the following changes and additions:
• Increase the General Fund Operating Reserve from 12-15% to 15-20% of the prior year's
expenditures
• County Road New Road Projects Fund Reserve
• County Road Operating Reserve
• REET 2 Belfair Sewer Reserve
Making these changes to the original Resolution adopted in 2017 will help the County to better account
for cash flows in both the General Fund and certain Special Funds as well.
BUDGET IMPACTS: The County will begin budgeting the reserved fund balances in the 2020 budget.
RECOMMENDED OR REQUESTED ACTION: Request the Board review the draft resolution.
ATTACHMENTS:
• Draft Resolution for Reserve and Contingency Policy
• Cash Reserve Balances at 5/31/19
• Belfair Sewer Debt Payments by Year
J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2019\Briefmg Summary 6.24.2019-Reserve and
Contingency Policy.doc
RESOLUTION NO.
AMENDING RESOLUTION 58-177-91
IN THE MATTER OF ESTABLISHING A GENERAL F RESERVE AND CONTINGENCY
POLICY FOR MASON COUNTY, WASHINGTON
WHEREAS, the Mason County Board of County Commissioners, as the county
legislative authority and the Mason County Finance Committee deem it to be fiscally
responsible to maintain cash flow reserves in the County General Funds and to provide
sufficient reserve funds as required by law to cover bond covenants, the smooth running
of the County and pay current obligations;
NOW THEREFORE BE IT RESOLVED by the Mason County Board of County
Commissioners that the Genefal Fu Reserve and Contingency Policy be adopted as part
of the County fen4 Expense Budget process to achieve the goals outlined. These goals14
is the intent ef4hewere established by the Mason County Board of County
Commissioners that they shall establish these gealsbeginning in 2018 over a five year
perio begifining in 2018 for all reserves except the Contingency Reserve which wasshall
he established beginning in 2019 over the successive next five years,begifining i 9.
BE 1T FURTHER RESOLVED by the Mason Geunty Board of County
as defined herein and withift a eounty wide Finaneial Management Peliey to be adepte
sepafmely by year- end 2017.
A. General Policy
The County shall maintain reserves required by law, ordinance and/or bond covenants.
All expenditures drawn from reserve accounts shall require prior Board approval unless
previously authorized by the Board for expenditure within the County's annual budget.
The County Finance Committee will review annually the required reserve levels that is
necessary to meet the reserves established herein. If it is determined that the reserves
should be adjusted, the County Finance Committee shall propose an amendment to these
policies.
If reserves and/or fund balances fall below required levels as set by this policy, the
County shall include within its annual budget a plan to restore reserves and/or fund
balance to the required levels.
The County's annual general fund budget will be adopted in the positive with
expenditures not exceeding revenues, excluding beginning and ending fund balances
unless the Mason County Board of County Commissioners develop a plan to restore the
shortfall to the reserve balances within one calendar year.
JABudget Office\Briefing_Agenda,&Public Hearing Items\2019\CURRENT EXPENSE CASH FLOW RESERVE
v5.docCAUser-,\emPDo6tifNeHtS\GFeUpWiSeNCLT—RENT EXPENSE GASH FLOW RESERVE O.dee
The County will allocate any funds from unanticipated excess revenues and/or
unexpended budget authority in the year following the actual recognition of these funds
first to funding reserves as set out in this policy then to other unanticipated expenditures.
All reserves will be presented in the County's annual budget.
B. General Fund Operating Reserves
The County will maintain a General Fund Operating Reserve to provide for adequate
cash flow, budget contingencies, and insurance reserves. Under this policy,General
Operating Reserves will be budgeted in the range of 152% -204-S% of the prior year's
actual expenditures, excluding beginning and ending fund balances.
C. General Fund Contingency Reserve
The County will maintain a Contingency Fund and shall maintain a reserve equal to
$1,000,000 to provide a financial cushion to cover revenue shortfalls resulting from
unexpected economic changes or recessionary periods or to provide funds in the event of
major unplanned expenditures the County could face.
D. General Fund Technology Replacement Reserves
The County will maintain a Technology Replacement Reserve for replacement of costs
entity wide to cover computer hardware, software, or telephone equipment identified in
the County's Technology Replacement listing. The required level of reserve will equal
each year's scheduled costs. For example, if the 2019 equipment costs are budgeted at
$100,000 the fund reserve balance must equal or exceed$100,000. Contributions will be
made through assessments to the using funds and departments and maintained on a per
asset basis.
E. General Fund Equipment and Vehicle Replacement Reserves
The County will maintain a General Fund reserve for the replacement of vehicles and
equipment identified on the County's equipment replacement listing. The required level
of reserves will equal each year's scheduled replacement costs. For example, if the 2019-7
equipment replacement costs are budgeted at $100,000, the fund reserve balance must
equal or exceed $100,000. Contributions will be made through assessments to the using
funds and departments and maintained on a per asset basis.
F. General Fund Accrued Leave Reserve
The County will maintain an Accrued Leave Reserve to cover the cost of the liability in
its Accrued Leave Account. The reserve will be at least sufficient to cover one years
estimated accrued leave payout as well as any accrued leave payouts known and required
to be paid out in future years.
G. County Road Fund Operating Reserves
J•\Budget Office\Briefing Agenda.&Public Hearing Items\2019\CURRENT EXPENSE CASH FLOW RESERVE
v5.doc
The County will maintain a County Road Fund Operating Reserve to provide for
adequate cash flow. Under this policy, General Operating;Reserves will be budgeted in
the range of 15% - 20% of the prior year's actual expenditures, excluding beginningand
ending fund balances.
H. County Road New Road Projects Fund Reserve
The County will maintain a County Road New Road Projects Fund Reserve equal to
$4,000,000, or other amount set by the Board and adopted during the annual budg
process.
I. REET 2 Belfair Sewer Reserve
The County will maintain a REET 2 Belfair Sewer Reserve equal to half aear's
scheduled and budgeted payment to the Belfair Sewer Fund.
Approved this_day of 12019-7.
Mason County Board of Commissioners
Kevin Shutty, Chair
Randy Neatherlin, Commissioner
Sharon TraskTerFBrexler, Commissioner
Approved this_day of 12019-7.
Mason County Finance Committee
Lisa Frazier,Mason County Treasurer, Chair
Paddy McGuireKaren Hem,Mason County
Auditor, Secretary
Kevin Shutty, Mason County Commissioner
Attest:
JABudget Office\Briefing_Agenda,&Public Hearing Items\2019\CURRENT EXPENSE CASH FLOW RESERVE
v5.doc
Melissa Drewry
Clerk of the Board
Approved as to form:
Tim Whitehead
Chief Deputy Prosecuting Attorney
J•\Budeet Office\Briefing Agenda,&Public Hearing Items\20 I 9\CURRENT EXPENSE CASH FLOW RESERVE
v5.doc
Cash Reserve Balances at 5/31/19 as per draft replacing Res#58-17
General Fund Reserve and Contingency Policy Review
A. May 31,2019 Current Expense Cash Balance $ 11,187,596
B. General Fund Operating Reserve-20%of 2018
total expenditures of$32,603,957 $ 6,520,791
C. Contingency Reserve $ 1,000,000
D. Technology Replacement Reserves $ 200,000
E. General Fund Equipment and Vehicle Replacement
Reserves $ 525,000
F. Accrued Leave Reserve- based on 3 years average
prior actual pay-outs $ 520,000
General Fund Unreserved Cash $ 2,421,805
County Road Fund Reserve and Contingency Policy Review
A. May 31,2019 County Road Fund Cash Balance $ 12,743,895
County Road Fund Operating Reserves-20%of
G. 2018 total expenditures of$13,803,869 $ 2,760,774
H. County Road New Road Projects Fund Reserve $ 4,000,000
County Road Unreserved Cash $ 5,983,121.20
REET 2 Fund Reserve and Contingency Policy Review
A. May 31,2019 REET 2 Fund Cash Balance $ 1,803,722
I. REET 2 Belfair Sewer Reserve $ 400,000
REET 2 Unreserved Cash $ 1,403,722
Belfair Sewer Debt Payments by Year
Interest Payment Total 2020 Debt
Payment Rate Type 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Service Remaining
GO Bond 2011 Principle 265,000 275,000 280,000 290,000 300,000 305,000 320,000 330,000 340,000 355,000 365,000 3,425,000
GO Bond 2011 Interest 115,304 108,016 99,766 91,366 82,666 72,916 62,623 51,423 39,873 27,548 14,235 765,735
DOE-LO400005 1.50%Principle 18,049 18,322 18,599 18,880 19,165 19,454 19,748 20,046 152,262
DOE-LO400005 1.50% Interest 2,223 1,951 1,674 1,393 1,108 819 525 227 9,920
DOE-LO400017 3.10% Principle 160,413 165,457 170,660 176,026 181,561 187,270 193,159 199,233 205,497 211,959 1,851,238
DOE-LO400017 3.10% Interest 56,519 51,475 46,272 40,906 35,371 29,662 23,773 17,699 11,435 4,973 318,083
DOE-LO400026 2.80%Principle 196,476 202,049 207,779 213,673 219,733 225,965 232,374 238,964 245,742 252,712 259,879 267,250 136,454 2,899,049
DOE-LO400026 2.80%Interest 80,275 74,702 68,972 63,079 57,018 50,786 44,377 37,787 31,009 24,039 16,872 9,501 1,922 560,339
DOE-L1100013 2.80%Principle 55,364 56,934 58,549 60,209 61,917 63,673 65,479 67,336 69,246 71,210 73,229 75,306 38,450 816,901
DOE-11100013 2.80% Interest 22,620 21,050 19,435 17,774 16,067 14,311 12,505 10,648 8,738 6,774 4,754 2,677 541 157,894
DOE-1-1200025 2.60% Principle 6,967 7,150 7,338 7,531 7,729 7,933 8,142 8,356 8,576 8,801 9,033 9,270 9,514 9,765 116,105
DOE-11200025 2.60%Interest 2,990 2,807 2,618 2,425 2,227 2,024 1,815 1,601 1,381 1,155 924 686 442 192 23,288
Grand
Totals by Year: 982,200 984,912 981,662 983,262 984,562 979,812 984,519 983,318 961,496 964,171 743,926 364,691 187,324 9,956 Total: 11,095,812
Total
Prhidpla: 9,260,554
TOW
Interest 258
DOC Grant Amount: $ 1,455,000
Payoff of smallest balance BS Loans $ 1,085,268
Remaining DOC grant amount to apply to principle: $ 369,732
Approximate Savings per year: $ 108,213
Payoff highest interest with lowest obtainable balance BS Loan $ 1,851,238
Additional payment from the County to payoff this loan $ 396,238
Approximate Savings per year: $ 216,932
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: N/A
ITEM: Review Distributions from the .09 Sales Tax Fund
EXECUTIVE SUMMARY:
In 1999, by RCW 82.14.370, the state legislature enacted a county sales and use tax for the benefit of
rural counties. In turn, Mason County created the Sales and Use Tax Fund. The revenues received in the
fund are only to be used for rural county public facilities to encourage economic growth.
BUDGET IMPACTS: As part of the budget process, the Board should review the attached Sales &Use
Tax revenue and expenditure plan from the Capital Facilities Plan.
RECOMMENDED OR REQUESTED ACTION: Request the Board review the plan for distributions from
Sales &Use Tax Funds.
ATTACHMENTS: Sales & Use Tax Plan
J:\Budget Office\Briefing,Agenda, &Public Hearing Items\2019\Briefing Summary 6.24.2019-Sales&Use
Fund.doc
Mason County Rural Counties(.og)Fund Capital Improvements Plan 10/1748
Type 203.7 Plan 2037 Actual 2o3.8 Plan 2o3.8 Actual aoig 2020 2021 zona 2923 202 3.025 2o26 2027 2o28 2o3.9-2.28
Proposed I Plan Plan Plan Plan Plan Plan Plan Plan Plan Plan Total 1
Revenues/Resources l
Beginning Balance 1 $578,750 $495,440 1 $460,000 $480,688 $478,632 $481,879 $522,030 $591,262 s658,614 $752,449 $873,640 $1,023,090 $1,201,734 $1,514,506 $478,632
Rural Counties Sales&Use Taxi 550,000 6o0,000l 625,000 630,8991 659,289 686,320 713,773 710,341 735,203 76o,935 787,568 815,133 843,663 873,191 7,585,417
Interest Income 1250 15001 1553 3048.64' 1648 1716 1784 1776 1838 1902 1969 2038 2109 2183 18,964 l
l Total Resources $1,130,000 s1,o96,940 l s1,o86,553 $3.,114,636 1 $1,139,569 51,169,915 $1,237,588 $1,303,380 $1,395,655 $1,53.5,287 $3.,663i177 $3.,840,261 $2,047,506 $2,389,879 $8,083,012 l
I I I I l
l ExpenditureslUsesl l l l
l Interfund Chgfor Servicesl l 8243 01 8246 1
1 Economic Development Councill s68,000 s68,000 l s68,000 s68,000 l s68,000 $68,000 s68,000 s68,000 $68,000 $68,000 s68,000 s68,000 $68,000 s68,000 68o,0ool
l Add'I EDC Fundsl l 1 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 150000 15,000 150,000 1
1 Belfair WW Reclamation Sy5teml 450,000 450,0001 450,000 450,0001 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 4,500,0001
City of Shelton Regional Sewer 121,123 119,5631 118,004 118,0041 116,444 114,885 113,325 111,766 110,206 108,647 107,087 105,528 0 0 887,8871
1 Total Planned Expendituresl $639,123 $637,563 l $644,247 $636,004 l $657,690 $647,885 $646,325 $644,766 $643,206 $641,647 s640,087 s638,5z8 $533,000 $533,000 $6,217,887 1
1 Total Ending Fund Balancel $49o,877 $459,376 1 $442,306 $478,632 1 $481,879 $522,030 $591,262 $658,614 $752,449 $673,640 $1,023,090 $1,201,734 $1,514,5o6 $1,856,879 81,865,3.25 1
1 Total Usesl $1,130,000 81,o96,940 1 $1,o86,553 $1,114,636 1 $1,139,569 $1,169,915 $1,237688 $1,303380 $1,395,655 $1,515,287 $1,663,177 $11840,261 $2,047,5o6 $2,389,879 $8,083,012
Mason County agreed to make annual payments forgo years t0 City of Shelton for Regional Sewer.First payment is in 2027 and the last payment is 2026.
Revenue Forecast assumes a 3.5%annual increase. DOR projects retail sales tax receipt growth at'17 @ 4.6%,'3.8 @ 3.7%,29'@ 4.5%,'20 @ 4.1%,&'21 @ 4.0%
Under current funding legislation,the.o9 Sales Tax Credit for Rural Counties will end in the year og/o1/2o32.
December23,2016 Mason County Commissioners approved$68,000 each year for 2017&2o18 for the Mason County Economic Development Council.
November 5,2013 Mason County Commissioners approved an additional$215,000 for 2013&an additional$125,000 for 2014,$350,000 for 2015 and$450,000 for 2o16 and beyond for the Belfair Wastewater Water Reclamation System.
There is not a formal award through the.og process for these amounts.
J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2019\2019-2028.09 Plan 10.17.18.xlsx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kelly Frazier
DEPARTMENT: Support Services EXT: 519
BRIEFING DATE: 6/24/2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Lease for Mason County Sheriff's Substation located in the Belfair Landing
Complex.
BACKGROUND: The County had a lease agreement with RWJJ, Inc. for the Mason
County Sheriff's Substation located in the Belfair Landing Complex, which will expire
8/31/2019. Staff has negotiated a three-year lease with RWJJ, Inc. to start 9/1/2019
and to end 8/31/2022. The representative for RWJJ, Inc. is John Byerly. Since 2012,
when Sheriff Salisbury signed a lease agreement for 100% of the building space, the
monthly rent has not changed from the $3434.50 monthly rent, which included
$2458.50 for the base monthly rent and $976.00 per month for expenses to the
landlord, as defined in 4.3 of the lease agreement.
BUDGET IMPACTS: The new lease sets the base monthly rent at $2600.00, plus
$976.00 per month for expenses to the landlord, as defined in 4.3 of the lease
agreement, totaling $3576.00 from 9/1/2019 thru 8/31/2020. The base monthly rent
will increase by 4% each year thereafter. From 9/1/2020 thru 8/31/2021 the rent will
increase to $3680.00, which is to include the unchanged $976.00 for landlord
expenses, and from 9/1/2021 thru 8/31/2022, the rent will increase to $3788.16
monthly, also including the monthly $976.00 for landlord expenses.
RECOMMENDED OR REQUESTED ACTION: Have the chair sign the lease
agreement.
ATTACHMENTS:
-Lease Agreement
-Correspondence from RWJJ, Inc. about some Belfair Landing history and rental
comparisons.
Briefing Summary 4/10/17
RWJJ,INC. JUNE 13,2019
C/O John Byerly
PO Box 133
Belfair, WA. 98528
(360)275-6234 r� 0
L� ILLLIIIDJ�
TO: Mason County Facilities Depart.
C/O Kelly Frazier Manager
411 N. 5`h Street
Shelton, WA. 98584
(360)427-9670 ext 519
Re: Some Belfair Landing history and rent comparison's with the North Precinct Sheriff Office:
Mr. Frazier,
This letter,hopefully will provide you and anyone interested in some history and building rent
comparison's @ the Belfair Land Complex location.
2010 Mr. Pat Utley,who represented the Sheriff's Office, contacted John Byerly, inquiring if
we would be willing to provide free building space for a Sheriffs North Precinct Office.
I informed Mr. Utley,we were presently providing free basic rent for the Children's Outreach
in another building,and could not provide additional free building rent,but would be willing to
discuss and work with the Sheriff s Office for building space.
After many discussions with Sheriff Salisbury,we.agreed to and signed a discounted rent lease
agreement for 50%of their present building. Sheriff Salisbury asked if we would be willing to
hold the remaining half of building without receiving any additional rent,until funding was
available. We agreed.
2012 Sheriff Salisbury signed a lease agreement for 100%of building for the present monthly
rent of $ 3,434.50,which has not changed since 2012.
Sheriff North Precinct building(B) has 2,880 sq. ft. with base rent @ $ 2,458.50,which is
.85 per sq. ft. This building is configured as office space,with a kitchen-net.
Building(B) office space configuration required an additional improvement owners expense of
approximately $ 50,000.00 to install. Office space area normally commands extra monthly rent
to off-set the additional owners improvement expenses.
f 4k
CONTINUED BELFAIR LANDING RENT HISTORY
JUNE 13, 2019
PAGE 2
Belfair Landing building(A-1) is also configured as office space with a kitchen-net.
(A-1) Building has 1,352 sq. ft. with base rent @ $ 1,676.48, _ $ 1.24 per sq. ft.
Non-office space Belfair Landing open building (C), has 2,880 sq. ft. with base rent @
$ 2,546.26, _ $ .88 per sq. ft.
Non-office space Belfair Landing open building (A-2)has 1,352 sq. ft. with base rent @
$ 1,290.00, _ $ .95 per sq. ft.
As you can see and compare, the Byerly's have provided and maintained exceptional rent
conditions for Mason County's North Precinct Sheriff's Office location.
I feel the present proposed (36) month lease agreement extension continues to provide
favorable exceptional rent conditions for Mason County, and is a win, win for all concerned
parties.
We are willing to discuss a longer term lease agreement, or any other issues of concern
Mason County Facilities may have.
Thank you for your attention to this matter. Any questions, please contact me.
Sincerely,
John By ly
RWJJ, INC. JUNE 06, 2019
C/O JOHN BYERLY
PO BOX 133
BELFAIR, WA. 98528 �( (DJ�V7
(360)275-6230
TO: MASON COUNTY FACILITIES DEPART.
C/O KELLY FRAZIER FACILITIES MANAGER
(360)427-9670 EX. 519
SHELTON, WA. 98584
Re: Re-new Mason County Facilities Lease Agreement extension with RWJJ, INC. for Sheriff's
North Precinct office @ Belfair Landing Commercial Complex, NE 23293 Belfair, WA.
Mr. Frazier,
Per our June 03, 2019 phone conversation, please find enclosed, for your review the discussed
revised lease agreement extension.
If acceptable, please initial and sign where indicated, return document for my signature, after
which, 1 will return a copy for your records.
Thank you for your attention and cooperation to this matter. Any questions, please call me.
Sincerely, '`�
John,,Byerly
RWJJ, INC.
RECEIVED
JUN 0 7 2019
0
BELFAIR LANDING COMMERCIAL COMPLEX LEASE:
LANDLORD: R.W.J.J., INC.
TENANT MASON COUNTY FACILITIES
(SHERIFF'S NORTH PRECINCT)
NE 23293 ST. HWY. 3
BUILDING (B) SUITES (B-1) & (B-2)
BELFAIR, WA. 98528
CITY OF BELFAIR
MASON COUNTY, WA.
06/06/2019 Please Initial
page 1 of 21
Landlord Tenant
TRANSCRIBED 06/06/2019
R.W.J.J. INC. BELFAIR LANDING COMMERCIAL COMPLEX BUSINESS (NNN) LEASE AGREEMENT:
1.1 BASIC LEASE TERMS:
A. DATE OF LEASE EXECUTION: SEPTEMBER 01, 2019
B. TENANT: MASON COUNTY FACILITIES DEPARTMENT:
ADDRESS of LEASED PREMISES BELFAIR LANDING COMMERCIAL COMPLEX BUILDING (B)
NE 23293 STATE ROUTE HWY. 3
BELFAIR,WA.98528
TENANT ADDRESS FOR NOTICE: MASON COUNTY FACILITIES DEPARTMENT
C/O KELLY FRAZIER FACILITIES MANAGER
C/O FRANK PINTER BUDGET MANAGER
411 N. 5T" STREET
SHELTON,WA.98584 (360)427-9670 ext. 519 &424
C. LANDLORD ADDRESS FOR NOTICE: R.W.J.J., INC.
C/O JOHN BYERLY (360)275-6230 (360)275-6888
PO BOX 3 2582
BELFAIR,WA. 98528
ADDRESS FOR PAYMENT: OLYMPIA FEDERAL SAVINGS
24081 NE STATE ROUTE HWY. 3
PO BOX#337
BELFAIR,WA.98528 (360)275-6001
D. TENANT'S USE OF PREMISES: CONDUCT MASON COUNTY SHERIFF RELATED BUSINESS.
E. PREMISES BUILDING AREA: APPROXIMATELY 2,880 SQUARE FEET.
F. COMPLEX BUILDING AREA: APPROXIMATELY 8,464 SQUARE FEET.
G. AGREED UPON PREMISES
PERCENT OF COMPLEX: APPROXIMATELY 34%
H. TERMS OF LEASE AGREEMENT: (36) MONTHS
COMMENCEMENT DATE: SEPTEMBER 01,2019
EXPIRATION/TERMINATION DATE: AUGUST 31,2022
H.I. NEW LEASE EXTENSIONS: TO BE NEGOTIATED BEFORE AUGUST 31,2022
1. BASE MONTHLY RENT: $ 2,600.00
J. ANNUAL RENT ADJUSTMENT: SEE SEC.J-1. (PAGE 2-A) 4%Annually increase of Base Rent:
K. ANNUAL/MONTHLY(NNN) EXPENSES CURRENT MONTHLY(NNN) EXPENSES = $ 976.00
NOTE: See Section 4.3 for method of computing (NNN)expenses. The number set forth above for annual
expenses is only an estimate. The actual expense shall be determined pursuant to Section 4.3 below.
L. PREPAID RENT: NONE:
M. TOTAL SECURITY/DAMAGE/MISC. DEPOSIT PAID: $ 1,000.00
N. AMOUNT DUE AT LEASE EXECUTION, SEPTEMBER 01, 2019 MONTHLY RENT: $ 3,576.00
06/06/2019 Please Initial
Page 2 of 21
LANDLORD TENANT
TRANSCRIBED 06/06/2019
BUILDING (B) NE 23293
BELFAIR LANDING COMPLEX CONTINUED LEASE AGREEMENT:
J.1 ANNUAL 4%RENT ADJUSTMENT, MONTHLY RENT AS FOLLOWS:
09-01-2019 THRU 08-31-2020
BASE MONTHLY RENT SHALL BE $2,600.00+ (NNN)of $-976.00•=Total of $3;576.00'
09-01-2020 THRU 08-31-2021
BASE MONTHLY RENT SHALL BE $2,704.00+ (NNN)of $976.00=Total of $3,680.00
09-01-2021 THRU 08-31-2022
BASE MONTHLY RENT SHALL BE $2,812.16+ (NNN)of $976.00 =Total of $3,788.-1
06/06/2019
PAGE(2-A)OF 21 Please Initial
Landlord Tenant
REVISED 06/06/2019 JHB
2.1 PREMISES.
Landlord leases to Tenant the premises described in Section 1.1 and in Exhibit A (the"Premises"), located in the project described on Exhibit
B (the 'Project"). Landlord shall modhrf Tenant's percentage of the Project as set forth in Section 1.1 if the Project size is increased or
decreased,as the case may be,through the development of additional property or the deletion of a portion of the Project. Landlord shall give
Tenant five(5)days notice prior to the date that the Premises are ready for occupancy. Within five (5)days after Tenant receives Landlord's
notice that the Premises are ready for occupancy, Landlord and Tenant shall inspect the Premises and prepare a "punchlist"of items to be
completed. The existence of"punchlist"items shall not postpone the commencement date of this Lease Agreement. By taking occupancy of
the Premises,Tenant acknowledges that it has examined the Premises and accepts the Premises in their then present condition,subject only
to any work which Landlord has agreed to perform as set forth on the"punchlist".
(1) Landlord shall deliver the Premises to Tenant clean and free of debris on the commencement date and Landlord warrants to Tenant that
the Premises shall be in good operating condition on the commencement date. In the event that it is determined that this warranty has
been violated,then it shall be the obligation of Landlord,after receipt of written notice from Tenant setting forth with specificity the nature
of the violation,to promptly, at Landlord's sole cost, rectify such violation. Tenant's failure to give such written notice to Landlord within
thirty(30)days after the commencement date shall be deemed that Landlord has complied with all of Landlord's obligations hereunder.
(2) Landlord warrants to Tenant that the Premises, in the state existing on the date that the term commences, but without regard to the,65e
for which Tenant will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable Laws (as
hereinafter defined)in effect on the commencement date. In the event it is determined that this warranty has been violated,then it shall
be the obligation of the Landlord, after written notice from Tenant, to promptly, at Landlord's sole cost and expense, rectify any such
violation. In the event Tenant does not give to Landlord written notice of the violation of this warranty within thirty(30)days from the date
the term commences,the correction of same shall be the obligation of the Tenant at Tenant's sole cost.
(3) Lock changes shall be the responsibility of the Tenant.
3.1 TERM
The term of this Lease is for the period set forth in Section 1.1, commencing on the date in Section 1.1. If Landlord,for any reason, cannot
deliver possession of the Premises to Tenant upon the scheduled commencement date set forth in Section 1.1,this Lease shall not be void or
voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting from such delay. In that event, however, Landlord shall
deliver possession of the Premises as soon as practicable and the commencement date shall be the date of such delivery with the term of the
Lease remaining unchanged, and all other terms and conditions of this Lease remaining in full force and effect. However, if Landlord is
delayed in delivering possession to Tenant for any reason attributable to Tenant, this Lease (including the obligation to pay all rents) shall
commence on the scheduled commencement date set forth in Section 1.1 above. If Landlord, for any reason not attributable to Tenant, is
unable to deliver possession of the Premises within ninety(90)days following the scheduled commencement date,either party may terminate
this Lease by written notice given within ten(10)days following expiration of such period.
4.1 RENT
Base Monthly Rent. Tenant shall pay to Landlord base monthly rent in the initial amount in Section 1.1 which shall be payable monthly in
advance on the first day of each and every calendar month ("Base Monthly Rent"); provided, however, the Base Monthly Rent for the first
month of the term shall be due and payable upon execution of this lease. All charges and sums due from Tenant to Landlord hereunder shall
be deemed rent.
4.2 RENT ADJUSTMENT
If Section 1.1j is applicable, Base Monthly Rent shall be increased periodically to the amounts and at the times set forth in Section 1.1j.
4.3 EXPENSES
The purpose of this Section is to ensure that Tenant bears a share of all Expenses reasonably related to the use, maintenance, ownership,
repair or replacement, and insurance of the Project. Accordingly, beginning on the commencement date, Tenant shall commence the
payment of Expenses.
(1) Expenses Defined. The term "Expenses" shall mean all costs and expenses reasonably incurred by Landlord with respect to the
ownership,operation, maintenance, repair or replacement, and insurance of the Project, including without limitation,the following costs:
a. All supplies,materials, labor,equipment, and utilities used in or related to the operation and maintenance of the Project;
b. All management,janitorial, legal,accounting,insurance,and service agreement costs related to the Project;
c. All maintenance, replacement and repair costs relating to the common areas within or around the Project, including, without
limitation, sidewalks, landscaping, service areas, driveways, parking areas (including resurfacing and restriping parking areas),
walkways, building exteriors (including painting), signs and directories, repairing and replacing roofs, walls and other structural
elements of the Premises,the Building and the Project.
d. Amortization (along with reasonable financing charges) of capital improvements over the useful life of such capital improvements
made to the Project which may be required by any government authority or which will improve the operating efficiency of the Project
(provided,however,that the amount of such amortization for improvements not mandated by government authority shall not exceed
in any year the amount of costs reasonably determined by Landlord in its reasonable discretion to have been saved by the
expenditure either through the reduction,or minimization of increases,of costs which would have otherwise occurred).
e. All Real Property Taxes, which shall mean and include all taxes, assessments (general and special) and other impositions or
charges which may be taxed, charged, levied, assessed or imposed upon all or any portion of or in relation to the Project or any
portion thereof, any leasehold estate in the Premises or measured by rent from the Premises, including any increase caused by the
transfer, sale or encumbrance of the Project or any portion thereof. "Real Property Taxes" shall also include any form of
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Landlord Tenant
assessment, levy. penalty, charge or lax (other than estate, inheritance, net income or franchise taxes) imposed by any authority
having a direct or indirect power to tax or charge,including,without limitation, any city, county. state,federal or any improvement or
other district.whether such tax is(1)determined by the area of the Project or the rent or other sums payable under this Lease: (2)
upon or with respect to any legal or equitable interest of Landlord in the Project or any part thereof: (3)upon this transaction or any
document to which Tenant is a party creating a transfer in any interest in the Project: (4) in lieu of or as a direct substitute in whole
or in part of or in addition to any real property taxes on the Project:(5)based on any parking spaces or parking facilities provided in
the Project:or(6)in consideration for services.such as police protection fire protection, street,sidewalk and roadway maintenance.
refuse removal or other services that may be provided by any governmental or quasi-governmental agency from time to time which
were formerly provided without charge or with less charge to property owners or occupants. 'Real Property Taxes' shall also
include all assessments under recorded covenants or master plans and/or by owner's associations.
(2) Annual Estimate of Expenses. On the commencement date. Landlord shall estimate Tenant's portion of Expenses for the remainder of
the calendar year based on the Tenant's portion of the Project Area set forth in Section 1.1. At the commencement of each calendar
year thereafter, Landlord shall estimate Tenant's portion of Expenses for the coming year based on the Tenant's portion of the Project
Area set forth in Section 1.1
(3) Monthly Payment of Expenses. If Tenant's portion of said estimate of Expenses shows an increase for the remainder of the first
calendar year over the Annual Expense Base. if any. as set forth in Section 1 1. Tenant shall pay to Landlord, as additional rent. such
estimated increase in monthly installments of one-twelfth (1/12) beginning on the date Tenant takes possession of the Premises. If
Tenant's portion of said estimate of Expenses shows an increase for subsequent calendar years over the Annual Expense Base. if any,
as set forth in Section 1.1.Tenant shall pay to Landlord,as additional rent,such estimated increase in monthly installments of one-twetfth
(1112) beginning on January 1 of the forthcoming calendar year. and one-twelfth (li12) on the first day of each succeeding calendar
month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the
prior calendar year and such accounting shall reflect Tenant's share of Expenses. If the additional rent paid by Tenant under this Section
during the preceding calendar year was less than the actual amount of Tenant's share of Expenses. Landlord shall so notify Tenant and
Tenant shall pay such amount to Landlord within 30 days of receipt of such notice Such amount shall be deemed to have accrued
during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease
has been terminated prior to Tenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the
amount due: failure to so notify Landlord shall represent final determination of Tenant's share of expenses. If Tenant's payments were
greater than the actual amount, then such overpayment shall be credited by Landlord to all present rent due under this Section or if this
Lease has terminated, said amount shall be paid directly to Tenant
(4) Rent Without Offset and Late Charge. All rent shall be paid by Tenant to Landlord monthly in advance on the first day of every
calendar month,at the address shown in Section 1 1,or such other place as Landlord may designate in writing from time to time. All rent
shall be paid without prior demand or notice and without any deduction or offset whatsoever All rent shall be paid in lawful currency of
the United States of America. All rent due for any partial month shall be prorated at the rate of 1./30th of the total monthly rent per day.
Tenant acknowledges that late payment by Tenant to Landlord of any rent or other sums due under this Lease will cause Landlord to
incur costs not contemplated by this Lease. the exact amount of such costs being extremely difficult and impracticable to ascertain Such
costs include,without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of
any encumbrance or note secured by the Premises. Therefore. if any rent or other sum due from Tenant is not received when due.
Tenant shall pay to Landlord an additional sum equal to 5%of such overdue payment Landlord and Tenant hereby agree that such late
charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment and that the
late charge is in addition to any and all remedies available to the Landlord and that the assessment and/or collection of the late charge
shall noLbe deemed a waiver of any default. Additionally, all such delinquent rent or other sums. plus this late charge,shall bear interest
at the prime rate Key Bank.'of Washington, plus 2%. on a fully floating basis(herein the-Default Rate'),from the date first due until the date
paid in full. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $25.00. and
thereafter.Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashier's check
6.1 PREPAID RENT
Upon the execution of this Lease. Tenant shall pay to Landlord the prepaid rent set forth in Section 1 1 and if Tenant is not in default of any
provisions of this Lease,such prepaid rent shall be applied toward the Base Monthly Rent due for the first month of the term(or the first month
following any Base Monthly Rent abatement period, if applicable). Upon a default by Tenant prior to such application,Landlord shall have the
right, without waiver of the default or prejudice t6 other remedies. to use the prepaid rent or any of it to cure the default or to compensate
Landlord for all or any damages resulting from the default. Landlord's obligations with respect to the prepaid rent are those of a debtor and not
of a trustee,and Landlord can commingle the prepaid rent with Landlord's general funds Landlord shall not be required to pay Tenant interest
on the prepaid rent. Landlord shall be entitled to immediately endorse and cash Tenant's prepaid rent, however, such endorsement and
cashing shall not constitute Landlord's acceptance of this Lease In the event Landlord does not accept this Lease. Landlord shall return said
prepaid rent.
6.1 DEPOSIT
Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Section 1 1 with Landlord as security for the performance
by Tenant of the provisions of this Lease. Upon default by Tenant. Landlord shall have the right, without waiver of the default or prejudice to
other remedies,to use the security deposit or any portion of it to cure the default or to compensate Landlord for any damages resulting from
Tenant's default. Upon demand, Tenant shall immediately pay to Landlord a sum equal to the porton of the security deposit expended or
applied by Landlord to maintain the security deposit in the amount initially deposited with Landlord In no event will Tenant have the right to
apply any part of the security deposit to any rent or other sums due under INS Lease If Tenant is not in default at the expiration or termination
of this Lease, Landlord shall return the entire security deposit to Tenant Landlord's obligations w!tn respect to the deposit are those of a
debtor and not of a trustee, and Landlord can commingle the security deposit with Landlord's general funds. Landlord shall not be required to
pay Tenant interest on the deposit. Landlord shall be entitled to immediately endorse and cash Tenant's security deposit: however. such
endorsement and cashing shall not constitute Landlord's acceptance of this Lease In the event Landlord does not accept this"Lease.
Landlord shall return said security deposit. If Landlord sells its interest in the Premises during the tPn3ahereof and deposits with or credits to
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the purchaser the unapplied portion of the security deposit, thereupon Landlord shall be discharged from any further liability or responsibility
with respect to the security deposit.
If Tenant is under default under this Lease more than two (2)times in any twelve month period, irrespective of whether or not such default is
cured, then, without limiting Landlord's other rights and remedies provided for in this Lease or at law or in equity, the Security Deposit shall
automatically be increased by an amount equal to three (3) times the original security deposit, which shall be paid by Tenant to Landlord
forthwith on demand.
7.1 USE OF PREMISES AND PROJECT FACILITIES
Tenant shall use the Premises solely for the purposes set forth in Section 1.1 and for no other purpose without obtaining the prior written
consent of Landlord. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with
respect to the Premises or with respect to the suitability of the Premises or the Project for the conduct of Tenant's business, nor has Landlord
agreed to undertake any modification, alteration or improvement to the Premises or the Project, except as provided in writing in this Lease.
Tenant acknowledges that Landlord may from time to time, at its sole discretion, make such modifications, alterations, deletions or
improvements to the Project as Landlord may deem necessary or desirable,without compensation or notice to Tenant. Tenant shall promptly
and at all times comply with all federal, state and local statutes, laws, ordinances, orders and regulations affecting the Premises and the
Project(herein "Laws"), as well as all master plans, restrictive covenants, and also any rules and regulations that Landlord may adopt from
time to time. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in
any way increase the premiums paid by Landlord on its insurance related to the Project or which will in any way increase the premiums for fire
or casualty insurance carried by other tenants in the Project. Tenant will not perform any act or carry on any practices that may injure the
Premises or the Project; that may be a nuisance or menace to other tenants in the Project; or that shall in any way interfere with the quiet
enjoyment of such other tenants. Tenant shall not use the Premises for sleeping, washing clothes, cooking or the preparation, manufacture or
mixing of anything that might emit any objectionable odor, noises, vibrations or lights onto such other tenants. If sound insulation is required to
muffle noise produced by Tenant on the Premises,Tenant at its own cost shall provide all necessary insulation. Tenant shall not do anything
on the Premises which will overload any existing parking or service to the Premises Pets and/or animals of any type shall not be kept on the
Premises. Except for fenced yard areas, outdoor storage is prohibited.
8.1 SIGNAGE
All signage shall comply with rules and regulations set forth by Landlord as may be modified from time to time. Current rules and regulations
relating to signs are described on Exhibit C. Tenant shall place no window covering (e.q. shades, blinds, curtains, drapes, screens, or tinting
materials),stickers, signs, lettering, banners or advertising or display material on or near exterior windows or doors if such materials are visible
from the exterior of the Premises, without Landlord's prior written consent. Similarly, Tenant may not install any alarm boxes, foil protection
tape or other security equipment on the Premises without Landlord's prior written consent. Any material violating this provision may be
destroyed by Landlord without compensation to Tenant.
Tenant at its sole expense shall be responsible for the cost to remove signage and repaint the entire panel upon which it was affixed.
9.1 PERSONAL PROPERTY TAXES
Tenant shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business
operations as well as upon all trade fixtures, leasehold improvements,merchandise and other personal property in or about the Premises.
10.1 PARKING
Landlord grants_to Tenant and Tenant's customers, suppliers, employees and invitees, a nonexclusive license to use the designated parking
areas in the Project for the use of motor vehicles during the term of this Lease. Landlord reserves the right at any time to grant similar
nonexclusive use to other tenants,to make rules and regulations relating to the use of such parking areas, including reasonable restrictions on
parking by tenants and employees, to designate specific spaces for the use of any tenant and to make changes in the parking layout from time
to time.
Belfair Landing Commercial Complex parking rules license Tenant to park on the property at your sole risk. RWJJ,NC.Or any of its agents do
not guard,assume care,custody or control of your vehicle or its contents and is not responsible for fire,theft,damage or loss. Only a license to
park is granted hereby and no bailment is created. Vehicles left for extended periods may be impounded at the owner's expense.
No RWJJ,INC. Employee may modify or waive the terms of the parking rules. By your use of the Belfair Landing Commercial Complex
parking areas,you agree to all foregoing terms.
11.1 UTILITIES
Tenant shall pay for all water, gas, heat, light, power, sewer, electricity, telephone or other service metered, chargeable or provided to the
Premises. Landlord reserves the right(i)to install separate meters for any such utility and to charge Tenant for the cost of such installation, or
(ii)to pay the costs of such utilities and to treat the same as an"Expense" (subject to a right of Landlord to elect to require Tenant to pay its
actual portion of such Expense in lieu of its percentage share).
NOTE: The following are paid as part of the (NNN)monthly expenses. Water, Sewer.
12.1 MAINTENANCE
Landlord shall maintain, in good condition, the structural parts of the Premises, which shall include only the foundations, bearing and exterior
walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems, including
without limitation, those portions of the systems lying outside the Premises, exterior doors (excluding glass), window frames, gutters and
downspouts on the Building; provided, however, the cost of all such maintenance shall be considered"Expenses'for purposes of Section 4.3.
Except as provided above, Tenant shall maintain the Premises in good condition, including, without limitation, maintaining and repairing all
walls,floors,ceilings, interior doors, exterior and interior windows and fixtures as well as damage caused by Tenant, its agents, employees or
invitees. Upon expiration or termination of this Lease,Tenant shall surrender the Premises to Landlord in the same condition as existed at the
commencement of the term, except for reasonable wear and tear or damage caused by fire or other casualty for which Landlord has received
all funds necessary for restoration of the Premises from insurance proceeds. Nothing herein shall excuse Tenant from financial responsibility
for property damage caused by Tenant or Tenant's agents.
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Tenant shall maintain in the same condition as existed on the Commencement Date, at its sole expense, the heating, ventilating and air
conditioning system for its portion of the premises. Tenant shall submit to Landlord a copy of the HVAC maintenance agreement for roof-top
units within thirty (30) days of commencement date. Tenant agrees to use a HVAC contractor that is signatory to all applicable collective
bargaining agreements. Tenant shall be responsible for the cost to replace a unit which has not been maintained pursuant to the foregoing
terms.
13.1 ALTERATIONS
(1) Tenant shall not make any alterations to the Premises that can be seen from the exterior of the Premises, to any utility system within the
Premises or to any structural element of the Premises without Landlord's prior written consent in each instance. If Landlord gives its
consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any
alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease,except that Landlord
may,within 30 days before or 30 days after the expiration or termination of this Lease or the termination of Tenant's right of possession,
elect to require Tenant to remove any alterations, including data/phone cabling, which Tenant may have made to the Premises. If
Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the
last day of the term or within 30 days after notice of its election is given,whichever is later.
(2) Any request for Landlord's consent to alterations shall be made at least thirty(30)days before any work may be commenced and shall be
accompanied by (i)detailed and costed plans and specifications for all alterations, and (ii) Tenant's written agreement to provide, upon
completion of work, a complete set of as-built plans and specifications. Landlord may withhold consent, in its reasonable discretion and
may issue such consent subject to conditions. All alterations shall be constructed only after obtaining Landlord's prior written consent
and only in conformity with all Laws. The issuance of Landlord's consent shall not be a waiver of Tenant's obligation to comply with all
Laws, nor Landlord's opinion that such alterations are in compliance with all Laws.
(3) Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord
for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such
alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be
performed in a manner,which will not interfere with the quiet enjoyment of other tenants of the Project.
(4) Tenant shall pay all costs for construction of alterations and shall keep the Premises and the Project free and clear of all liens which may
result from work by third parties authorized by Tenant. If any such lien is filed, the same shall be an event of default hereunder if Tenant
fails to remove such lien within ten(10)days of the filing thereof.
(5) Without exception, Landlord's consent to any alterations (and subsequent restoration) is contingent upon Tenant using contractors
signatory to the appropriate collective bargaining agreements.
(6) Unless it is explicitly stated otherwise, Tenant shall be responsible for restoring the premises to the condition,which it was delivered on
the lease commencement date.
14.1 RELEASE AND INDEMNITY
As material consideration to Landlord, Tenant agrees that Landlord and Landlord's partners, shareholders, officers, directors, employees and
agents (collectively the "Protected Parties")shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause, and
Tenant waives all claims against Landlord for damage to persons or property arising for any reason, except for damage resulting directly from
Landlord's breach of its express obligations under this Lease which Landlord has not cured within a reasonable time after receipt of written
notice of such breach from Tenant. Tenant shall defend,indemnify and hold Landlord and all other Protected Parties harmless from all claims,
losses,causes of action, costs and expenses, and damages arising out of(a)any damage to any person or property occurring in,on or about
the Premises, (b)use by Tenant or its agents of the Premises and/or the Project or other properties of Landlord, and/or(c)Tenant's breach or
violation of any term of this Lease.
15.1 INSURANCE
Tenant, at its cost, shall maintain public liability and property damage insurance and products liability insurance with a single combined liability
limit of$1,000,000, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use or
occupancy of the Premises. Public liability insurance, products liability insurance and property damage insurance shall insure performance by
Tenant of the indemnity provisions of Section 14.1. Landlord shall be named as an additional insured and the policy shall contain cross-
liability endorsements. On all its personal property, at its cost, Tenant shall maintain a policy of standard fire and extended coverage
insurance with vandalism and malicious mischief endorsements and "all risk" coverage on all Tenant's improvements and alterations in or
about the Premises,to the extent of at least 100%of their full replacement value. The proceeds from any such policy shall be used by Tenant
for the replacement of personal property and the restoration of Tenant's improvements or alterations. All insurance required to be provided by
Tenant under this Lease shall release Landlord and the other Protected Parties from any claims for damage to any person or the Premises
and the Project, and to Tenant's fixtures, personal property, improvements and alterations in or on the Premises or the Project, caused by or
resulting from risks insured against under any insurance policy carried by Tenant and in force at the time of such damage. All insurance
required to be provided by Tenant under this Lease: (a) shall be issued by insurance companies authorized to do business in the state in
which the Premises are located; (b) be reasonably acceptable to Landlord; (c) shall be issued as a primary policy; and (d) shall contain an
endorsement requiring at least 30 days prior written notice of cancellation to Landlord and Landlord's lender, before cancellation or change in
coverage, scope or amount of any policy. Tenant shall deliver a certificate or copy of such policy together with evidence of payment of all
current premiums to Landlord within 10 days of execution of this Lease. Tenant's failure to provide evidence of such coverage to Landlord
may,in Landlord's sole discretion,constitute a default under this Lease.
16.1 DESTRUCTION
If during the term, the Premises or Project is more than 25% destroyed (based upon replacement cost) from any cause, or rendered
inaccessible or unusable from any cause, Landlord may, in its sole discretion, terminate this Lease by delivery of notice to Tenant within 30
days of such event without compensation to Tenant. If Landlord does not elect to terminate this Lease, and if, in Landlord's estimation, the
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Premises cannot be restored within 180 days following such destruction,the Landlord shall notify Tenant and Tenant may terminate this Lease
by delivery of notice to Landlord within 30 days of receipt of Landlord's notice. If Landlord does not terminate this Lease and if in Landlord's
estimation the Premises can be restored within 180 days, then Landlord shall commence to restore the Premises in compliance with then
existing laws and shall complete such restoration with due diligence. In such event, this Lease shall remain in full force and effect, but there
shall be an abatement of Base Monthly Rent between the date of destruction and the date of completion of restoration,based on the extant to
which destruction interferes with Tenant's use of the Premises; provided,there shall be no abatement if such damage is the result of Tenant's
negligence or wrongdoing. Tenant shall not be entitled to any damages or compensation for loss of use or any inconvenience occasioned by
damage or any repair or restoration.
17.1 CONDEMNATION
(1) Definitions. The following definitions shall apply. (1) "Condemnation" means (a) the exercise of any governmental power of eminent
domain, whether by legal proceedings or otherwise by condemnor and (b)the voluntary sale or transfer by Landlord to any condemnor
either under threat of condemnation or while legal proceedings for condemnation are proceeding; (2)"Date of Taking"means the date the
condemnor has the right to possession of the property being condemned; (3)"Award"means all compensation,sums or anything of value
awarded,paid or received on a total or partial condemnation;and (4)"Condemnor"means any public or quasi-public authority,or private
corporation or individual, having a power of condemnation.
(2) Obligations to Be Governed by Lease. If during the term of the Lease there is any taking of all or any part of the Premises or the
Project,the rights and obligations of the parties shall be determined pursuant to this Lease.
(3) Total or Partial Taking. If the Premises are totally taken by condemnation, this Lease shall terminate on the Date of Taking. If any
portion of the Premises is taken by Condemnation,this Lease shall terminate as to the part so taken as of the Date of Taking,but shall in
all other respects remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is
rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease,Tenant must exercise its right
to terminate by giving notice to Landlord within 30 days after the nature and extent of the Condemnation have been finally determined. If
Tenant elects to terminate this Lease. Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than
thirty(30)days, nor later than ninety(90)days after Tenant has notified Landlord of its election to terminate; except that this Lease shall
terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any
portion of the Premises is taken by condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Monthly
Rent shall be reduced by an amount in the same ratio as the total number of square feet in the Premises taken bears to the total number
of square feet in the Premises immediately before the Date of Taking.
(4) Landlord's Election. Notwithstanding anything herein to the contrary, if the Project or any portion thereof is taken by Condemnation and
the portion taken does not, in Landlord's sole judgment,feasibly permit the continuation of the operation of the Project by Landlord,then
Landlord shall have the right to terminate this Lease by written notice given within thirty(30)days following the Date of Taking.
(5) Award. Tenant shall have no right or claim to all or any portion of the Award; provided this shall not limit Tenant's right to seek and to
receive compensation for relocation expenses or the value of its personal property taken, so long as receipt of such compensation does
not decrease the Award otherwise payable to Landlord.
18.1 ASSIGNMENT OR SUBLEASE
Tenant shall not assign or encumber its interest in this Lease or the Premises or sublease all or any part of the Premises or allow any other
person or entity(except Tenant's authorized representatives, employees, invitees, or guests) to occupy or use all or any part of the Premises
without first obtaining Landlord's consent which Landlord may withhold in its sole discretion. Any assignment, encumbrance or sublease
without Landlord's written consent shall be voidable and at Landlord's election, shall constitute a default. If Tenant is a partnership, a
withdrawal or change, voluntary, involuntary or by operation of law of any partner, or the dissolution of the partnership, shall be deemed a
voluntary assignment. If Tenant consists of more than one person, a purported assignment, voluntary or involuntary or by operation of law
from one person to the other or to a third party shall be deemed a voluntary assignment. If Tenant is a corporation, any dissolution, merger,
consolidation or other reorganization of Tenant, or sale or other transfer of a controlling percentage of the capital stock of Tenant, or the sale
of at least 25% of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage"means
ownership of and right to vote stock possessing at least 25%of the total combined voting power of all classes of Tenant's capital stock issued,
outstanding and entitled to vote for election of directors. The preceding two sentences shall not apply to corporations the stock of which is
traded through an exchange or over the counter. All rent received by Tenant from its subtenants in excess of the rent payable by Tenant to
Landlord under this Lease (allocated on a square footage basis in cases of partial subleasing)shall be paid to Landlord, and any sums to be
paid by an assignee to Tenant in consideration of the assignment of this Lease shall be paid to Landlord. If Tenant requests Landlord to
consent to a proposed assignment or subletting,Tenant shall pay to Landlord, whether or not consent is ultimately given, $100 or Landlord's
reasonable attorneys' fees incurred in connection with such request, whichever is greater. No interest of Tenant in this Lease shall be
assignable by involuntary assignment through operation of law(including without limitation the transfer of this Lease by testacy or intestacy).
Each of the following acts shall be considered an involuntary assignment: (a) If Tenant is or becomes bankrupt or insolvent, makes an
assignment for the benefit of creditors, or institutes proceedings under the Bankruptcy Act in which Tenant is the bankrupt; or if Tenant is a
partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or
insolvent, or makes an assignment for the benefit of creditors;or(b) If a writ of attachment or execution is levied on this Lease; or(c)If in any
proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary
assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Lease, in which case this Lease
shall not be treated as an asset of Tenant.
19.1 DEFAULT
The occurrence of any of the following shall constitute a default by Tenant: (a)A failure to pay rent or other charge when due; (b) Failure to
perform any other provision of this Lease; (c) abandonment or vacation of the Premises (failure to occupy and operate the Premises for 15
consecutive days shall be deemed an abandonment and vacation)except seasonal vacation or other similar temporary cessation of business;
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or (d) the use of any contractors (for maintenance purposes, for alterations to the space or for any other purpose associated with the
Premises) without prior written consent from the Landlord.
20.1 LANDLORD'S REMEDIES
(1) Landlord shall have the following remedies if Tenant is in default. These remedies are not exclusive,they are cumulative and in addition
to any remedies now or later allowed by law. Landlord may terminate this Lease and/or Tenant's right to possession of the Premises at
any time. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the
Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a
termination of this Lease. Upon termination of this Lease or of Tenant's right to possession, Landlord has the right to recover from
Tenant: (1)The worth of the unpaid rent that had been earned at the time of such termination; (2)The worth of the amount of the unpaid
rent that would have been earned after the date of such termination; and (3)Any other amount, including court, attorney and collection
costs,necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The Worth,"as used for Item 20.1(1)
in this Paragraph is to be computed by allowing interest at the Default Rate. "The worth"as used for Item 20.1(2)in this Paragraph is to
be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of termination of
Tenant's right of possession.
(2) All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's
sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money owed to any party other than
Landlord, for which it is liable hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder, and such
failure shall continue for ten (10)days after notice thereof by Landlord, Landlord may, without waiving such default or any other right or
remedy, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All
sums so paid by Landlord and all necessary incidental costs, together with interest thereon at the Default Rate from the date of
expenditure by Landlord, shall be payable to Landlord on demand.
21.1 ENTRY ON PREMISES
Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes:
(a)To determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b)To do
any necessary maintenance and to make any restoration to the Premises or the Project that Landlord has the right or obligation to perform; (c)
To post'for sale"signs at any time during the term, to post"for rent" or"for lease"signs during the last 90 days of the term, or during any
period while Tenant is in default; (d)To show the Premises to prospective brokers, agents, buyers,tenants or persons interested in leasing or
purchasing the Premises, at any time during the term; or(e)To repair, maintain or improve the Project and to erect scaffolding and protective
barricades around and about the Premises but not so as to prevent entry to the Premises and to do any other act or thing necessary for the
safety or preservation of the Premises or the Project. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of
business,nuisance or other damage arising out of Landlord's entry onto the Premises as provided in this Section. Tenant shall not be entitled
to an abatement or reduction of rent if Landlord exercises any rights reserved in this Section. Landlord shall conduct its activities on the
Premises as provided herein in a manner that will cause the least inconvenience, annoyance or disturbance to Tenant. For each of these
purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in, upon and about the Premises, excluding
Tenant's vaults and safes. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of the Premises without prior
written consent of Landlord. If Landlord gives its consent,Tenant shall furnish Landlord with a key for any such lock.
22.1 SUBORDINATION
Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, and at the election of
Landlord or any mortgagee or any beneficiary of a Deed of Trust with a lien on the Project or any ground lessor with respect to the Project,this
Lease shall be subject and subordinate at all times to(a)all ground leases or underlying(eases which may now exist or hereafter be executed
affecting the Project, and (b)the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount for which
the Project,ground leases or underlying leases, or Landlord's interest or estate in any of said items is specified as security. In the event that
any ground lease or underlying lease terminates for any reason or any mortgage or Deed of Trust is foreclosed or a conveyance in lieu of
foreclosure is made for any reason, Tenant shall, notwithstanding any subordination, attorn to and become the Tenant of the successor in
interest to Landlord, at the option of such successor in interest. Tenant covenants and agrees to execute and deliver, upon demand by
Landlord and in the form requested by Landlord any additional documents evidencing the priority or subordination of this Lease with respect to
any such ground lease or underlying leases or the lien of any such mortgage or Deed of Trust. Tenant hereby irrevocably appoints Landlord
as attorney-in-fact of Tenant to execute,deliver and record any such document in the name and on behalf of Tenant.
Tenant,within ten days from notice from Landlord, shall execute and deliver to Landlord, in recordable form,certificates stating that this Lease
is not in default, is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. This certificate
should also state the amount of current monthly rent, the dates to which rent has been paid in advance, the amount of any security deposit
and prepaid rent, and'such other matters as Landlord may request. Failure to deliver this certificate to Landlord within ten days shall be
conclusive upon Tenant that this Lease is in full force and effect and has not been modified except as may be represented by Landlord. In
addition, in connection with any sale or financing involving the Premises, Tenant shall deliver to Landlord, within twenty(20) days of request
by Landlord,a current audited financial statement of Tenant and of each guarantor.
23.1 NOTICE
Any notice,demand,request, consent, approval or communication desired by either party or required to be given,shall be in writing and either
served personally or sent by prepaid certified first class mail, addressed as set forth in Section 1.1. Either party may change its address by
notification to the other party. Notice shall be deemed to be communicated 48 hours from the time of such mailing,or upon the time of service
as provided in this Section.
24.1 WAIVER
No delay or omission in the exercise of any right or remedy by Landlord shall impair such right or remedy or be construed as a waiver. No act
or conduct of Landlord, including without limitation, acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of
the Premises by Tenant before the expiration of the term. Only written notice from Landlord to Tenant shall constitute acceptance of the
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surrender of the Premises and accomplish termination of the Lease. Landlord's consent to or approval of any act by Tenant requiring
Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act
by Tenant. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of the Lease.
25.1 SURRENDER OF PREMISES; HOLDING OVER
Upon expiration of the term or the termination of this Lease or of Tenant's right of possession, Tenant shall surrender to Landlord the
Premises and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good
condition, except for ordinary wear and tear. Tenant shall remove all personal property including, without limitation, all wallpaper, paneling
and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's
personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the
commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal property not removed from the
Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from
Landlord's retention or disposition of Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storage, removal o
disposal of Tenant's personal property If Tenant fails to surrender the Premises upon the expiration of the term, or upon the termination of
this Lease or of Tenant's right of possession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability,
including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure.
If Tenant, with Landlord's consent, remains in possession of the Premises after expiration of this Lease, such possession by Tenant shall be
deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except
those pertaining to term and rent, shall apply to the month-to-month tenancy. Tenant shall pay Base Monthly Rent in an amount equal to
150% of the Base Monthly Rent for the last full calendar month during the regular term plus 100% of said last month's estimate of Tenant's
share of Expenses pursuant to Section 4.3(3).
If Tenant holds over after the expiration of the Term or the earlier termination hereof without the express written consent of Landlord, Tenant
shall become a tenant at sufferance only, at a rental rate equal to two hundred percent (200%) of the Base Monthly Rent in effect upon the
date of such termination or expiration, prorated on a daily basis, and subject to the terms, covenants and conditions herein specified, so far as
applicable, including section 4.3. Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal or
extension of the Lease. The foregoing provisions of this Section 25.1 are in addition to and do not affect Landlord's right of re-entry or any
rights of Landlord thereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease
despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation,
any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney's fees and costs.
26.1 LINUTAT1ON OF LIABILITY:
The liability of the Belfair Landing Commercial Complex with regard to all aspects of the lease shall be limited to the assets of
RW11,MC In consideration of the benefits accruing hereunder,Tenant agrees that,regarding any claim against Landlord and/or an}
other Protected Party,including in the event or alleged failure,breach or default by Landlord:
a. The sole and exclusive remedy of Tenant shall be against the interest of Landlord in the Project, and neither Landlord nor any other
Protected Party shall have any other liability whatsoever.
b. If Landlord is a partnership, the following provisions of this item shall also apply: (i) No partner of Landlord shall be sued or named as a
party in any suit or action; (ii) No service of process shall be made against any partner of Landlord (except as may be necessary to
secure jurisdiction of the partnership), (iii) No partner of Landlord shall be required to answer or otherwise plead to any service or
process; (iv) No judgment may be taken against any partner of Landlord, (v)Any judgment taken against any partner of Landlord may be
vacated and set aside at any time without hearing; and (vi) No writ of execution will ever be levied against the assets of any partner of
Landlord.
c. These covenants and agreements contained in this Section are enforceable both by Landlord and also by any other Protected Party.
d. Tenant agrees that each of the foregoing provisions shall be applicable to any and all liabilities, claims and causes of action whatsoever,
including those based on any provision of this Lease, any implied covenant, and/or any statute or common law principle.
27.1 MISCELLANEOUS PROVISIONS
(1) Time of Essence. Time is of the essence of each provision of this Lease.
(2) Successor. This Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in Section
18.1 herein.
(3) Landlord's Consent. Any consent required by Landlord under this Lease must be granted in writing. No such consent shall be
unreasonably withheld, but any consent may be issued subject to reasonable conditions. As a condition to any consent, Landlord may
require that any other party or parties with a right of consent issue such consent on terms acceptable to Landlord.
(4) Commissions. Each party represents that it has not had dealings with any real estate broker, finder or other person with respect to this
Lease in any manner, except for the broker identified in Section 1.1,who shall be compensated by Landlord, unless otherwise stated.
(5) Other Charges. If Landlord becomes a party to any litigation concerning this Lease, the Premises or the Project, by reason of any act or
omission of Tenant or any agent, guest or invitee of Tenant,Tenant shall be liable to Landlord for all attorneys fees and costs incurred by
Landlord in connection with such litigation,including any appeal or review.
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(6) Administration Fee. Should Landlord be in the position of incurring any costs on behalf of Tenant or should Tenant not fulfill any
obligations of which they are liable under the terms of the Lease and of which Landlord incurs thereof,Tenant shall be liable not only for
the costs incurred,but in addition shall be liable for a ten percent(10%)surcharge above and beyond said actual costs.
In the event of litigation between Tenant and Landlord and/or any other Protected Party, the prevailing party shall be entitled to recover
from the losing party all costs and attorneys fees incurred both at and in preparation for trial and any appeal or review. If Landlord
employs a collection agency to recover delinquent charges, Tenant agrees to pay all collection agency and attorneys'fees charged to
Landlord in addition to rent, late charges, interest and other sums payable under this Lease. Tenant shall pay a charge of$200 to
Landlord for preparation of a demand for delinquent rent.
(7) Landlord's Successors. In the event of a sale or conveyance by Landlord of the Project or a portion thereof including the Premises,or
of Landlord's interest in the foregoing, the same shall operate to release Landlord from any liability under this Lease, and in such event
Landlord's successor in interest shall be solely responsible for all obligations of Landlord under this Lease.
(8) Interpretation. This Lease shall be construed and interpreted in accordance with the laws of the state in which the Premises are
located. This Lease constitutes the entire agreement between the parties with respect to the Premises and the Project,except for such
guarantees ormodifications as may be executed in writing by the parties from time to time. When required by the context of this Lgase,
the singular shall include the plural, and the masculine shall include the feminine and/or neuter. "Party"shall mean Landlord or Tenant.
If more than one person or entity constitutes Tenant,the obligations imposed upon Tenant shall be joint and several. The enforceability,
invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal.
(9) Third Parties. The Protected Parties shall have the right to enforce the provisions of this Lease which reference them. Except for the
foregoing, there are no third parties benefitted hereby, this Lease being intended solely for the benefit of Landlord and Tenant.
Notwithstanding the foregoing, the beneficiary under a trust deed, or a mortgagee, holding a security interest in the Project shall be a
third party beneficiary of the Tenant's obligations set forth in Sections 30.1 and 31.1 hereof and shall have the right to enforce such
provisions.
(10) Survival. The release and indemnity covenants of Tenant, the right of Landlord to enforce its remedies hereunder, the attorneys fees
provisions hereof,the provisions of Section 26.1 hereof, as well as all provisions of this Lease which contemplate performance after the
expiration or termination hereof or the termination of Tenant's right to possession hereunder, shall survive any such expiration or
termination.
(11) Use of Contractors. ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION(AND SUBSEQUENT RESTORATION)SHALL
BE PERFORMED BY A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND
APPROVED BY LANDLORD IN WRITING PRIOR TO THE COMMENCEMENT OF ANY WORK. ALL PERMITS ARE THE
RESPONSIBILITY OF THE TENANT. TENANT AGREES THAT IF ALTERATIONS/RESTORATIONS ARE DONE WITHOUT THE
EXPRESS WRITTEN CONSENT OF THE LANDLORD THAT TENANT WILL PAY A PENALTY EQUAL TO THE COST OF THE
ALTERATION/RESTORATION.
28,1 EMISSIONS
Tenant shall not:
a. Discharge, emit or_permit to be discharged or emitted, any liquid, solid or gaseous matter, or any combination thereof, into the
atmosphere,th-6 ground or any body of water, which matter, as reasonably determined by Lessor or any governmental entity, does, or
may, pollute or contaminate the same, or is, or may become, radioactive or does, or may, adversely affect the (1) health or safety of
persons,wherever located,whether on the Premises or anywhere else, (2)condition, use or enjoyment of the Premises or any other real
or personal property,whether on the Premises or anywhere else, or(3)Premises or any of the improvements thereto or thereon including
buildings,foundations,pipes,utility lines,landscaping or parking areas;
b. Produce, or permit to be produced, any intense glare, light or heat except within an enclosed or screened area and then only in such
manner that the glare, light or heat shall not be discernible from outside the Premises;
c. Create, or permit to be created, any sound pressure level which will interfere with the quiet enjoyment of any real property outside the
Premises;or which will create a nuisance or violate any Law, rule,regulation or requirement;
d. Create,or permit to be created,any ground vibration that is discernible outside the Premises;
e. Transmit, receive or permit to be transmitted or received, any electromagnetic, microwave or other radiation which is harmful or
hazardous to any person or property in,on or about the Premises,or anywhere else.
28.2 STORAGE AND USE
(1) Storage. Subject to the uses permitted and prohibited to Tenant under this lease,Tenant shall store in appropriate leak proof containers
all solid, liquid, or gaseous matter, or any combination thereof,which matter, if discharged or emitted into the atmosphere,the ground or
any body of water,does or may(1)pollute or contaminate the same,or(2)adversely affect the(i)health or safety of persons,whether on
the Premises or anywhere else, (ii) condition, use or enjoyment of the Premises or any real or personal property, whether on the
Premises or anywhere else, or(iii)Premises or any of the improvements thereto or thereon.
(2) Use. In addition, without Landlord's prior written consent, Tenant shall not use, store or permit to remain on the Premises any solid,
liquid or gaseous matter which is,or may become,radioactive. If Landlord does give its consent,Tenant shall store the materials in such
a manner that no radioactivity will be detectable outside a designated storage area and Tenant shall use the materials in such a manner
that(1)no real or personal property outside the designated storage area shall become contaminated thereby or(2)there are and shall be
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no adverse effects on the(i) health or safety of persons,whether on the Premises or anywhere else, (ii)condition, use or enjoyment of
the Premises or any real or personal property thereon or therein,or(iii)Premises or any of the improvements thereto or thereon.
(3) Outdoor Storage. Outdoor storage is not permitted, other than rented yard if applicable. For the purposes of this Lease, outdoor
storage shall include, but not be limited to, any item or items placed in any area other than within the rented premises. Outdoor storage
areas shall include any public and/or common area, loading zones, and parking spaces. Storage items shall include, but not be limited
to,vehicles (regardless of working condition or registration),trailers or recreation type vehicles, boats, merchandise or materials or any
item or items being kept for any length of time for any reason. Vehicles used for daily transportation are permitted to park in parking
spaces only and only under the terms and conditions outlined in the Lease. Parking spaces are not part of the rented premises and
although Tenant has the right to use parking spaces for daily transportation,there are no rights connnected to said parking spaces and at
no time are they to be used for outdoor storage.
26.3 DISPOSAL OF WASTE
(1) Refuse Disposal. Tenant shall not keep any trash, garbage,waste or other refuse on the Premises except in sanitary containers and
shall regularly and frequently remove same from the Premises. Tenant shall keep all incinerators,containers or other equipment used for
the storage or disposal of such materials in a clean and sanitary condition. 11,
(2) Sewage Disposal. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage system (1) for the disposal of
anything except sanitary sewage or(2) in excess of the lesser of the amount(a) reasonably contemplated by the uses permitted under
this Lease or(b) permitted by any governmental entity. Tenant shall keep the sewage disposal system free of all obstructions and in
good operating condition.
(3) Disposal of Other Waste. Tenant shall properly dispose of all other waste or other matter delivered to, stored upon, located upon or
within,used on,or removed from,the premises in such a manner that it does not, and will not,adversely affect the(1)health or safety of
persons,wherever located,whether on the Premises or elsewhere, (2)condition, use or enjoyment of the Premises or any other real or
personal property,wherever located,whether on the Premises or anywhere else, or(3) Premises or any of the improvements thereto or
thereon including buildings,foundations,pipes,utility lines,landscaping or parking areas.
29.1 COMPLIANCE WITH LAW
Notwithstanding any other provision in the Lease to the contrary,Tenant shall comply with all Laws in complying with its obligations under this
Lease,and in particular,Laws relating to the storage,use and disposal of hazardous or toxic matter.
30.1 INDEMNIFICATION
Tenant shall defend, indemnify and hold Landlord, the other Protected Parties, the Project and the beneficiary under a trust deed, or
mortgagee, holding a security interest in the Project harmless from any loss, claim, liability or expense, including,without limitation, attorneys
fees and costs, at trial and/or on appeal and review, arising out of or in connection with its failure to observe or comply with the provisions of
this Section. This indemnity shall survive the expiration or earlier termination of the term of the Lease or the termination of Tenant's right of
possession and be fully enforceable thereafter.
31.1 ADDITIONAL PROVISIONS
The following covenants and agreements shall in no way diminish or limit the foregoing provisions of this Section. No use may be made of,on
or from the Premises relating to the handling,storage,disposal,transportation,or discharge of Hazardous Substances(as defined below). All
of such use which_does occur shall be in strict conformance with all Laws. Tenant shall give prior written notice to Landlord of any use,
whether incidental or otherwise, of Hazardous Substances on the Premises, or of any notice of any violation of any Law with respect to such
use. Landlord and any ground lessor or master lessor of the Premises and/or the Project shall have the right to request and to receive
information with respect to use of Hazardous Substances on the Premises in writing.
In addition to the indemnity obligations contained elsewhere herein, Tenant shall indemnify, defend and hold harmless Landlord, the other
Protected Parties,the Premises,the Project, and the beneficiary under a trust deed,or a mortgagee, holding a security interest in the Project,
from and against all claims, losses,damages,costs, response costs and expenses, liabilities, and other expenses caused by,arising out of,or
in connection with, the generation, release, handling, storage, discharge, transportation, deposit or disposal in, on, under or about the
Premises by Tenant or any of Tenant's Agents of the following (collectively referred to as "Hazardous Substances"): hazardous materials,
hazardous substances, toxic wastes, toxic substances, pollutants, petroleum products, underground tanks, oils, pollution, asbestos, PCB's,
materials, or contaminants, as those terms are commonly used or as defined by federal, state, and/or local law or regulation related to
protection of health or the environment, including but not limited to, the Resource Conservation and Recovery Act(RCRA) (42 U.S.C. §6901
et seg.); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601, et seg.); the Toxic
Substances Control Act(15 U.S.C. § 2601, et seg.); the Clean Water Act(33 U.S.C. § 1251, et seg.);the Clean Air Act(42 U.S.C. §7401 et
sec.); and ORS Chapters 453, 465 and 466 as any of same may be amended from time to time, and/or by any rules and regulations
promulgated thereunder. Such damages, costs, liabilities, and expenses shall include such as are claimed by any regulating and/or
administering agency, any ground lessor or master lessor of the Project, the holder of any Mortgage or Deed of Trust on the Project, and/or
any successor of the Landlord named herein. This indemnity shall include (a) claims of third parties, including governmental agencies, for
damages, fines, penalties, response coats, monitoring costs, injunctive or other relief; (b) the costs, expenses or losses resulting from any
injunctive relief, including preliminary or temporary injunctive relief; (c)the expenses, including fees of attorneys and experts, of reporting the
existence of Hazardous Substances to an agency of the State of Oregon or of the United States as required by applicable laws and
regulations; (d) any and all expenses or obligations, including attorney's and paralegal fees, incurred at, before and after any trial or appeal
therefrom or review thereof,or an administrative proceeding or appeal therefrom or review thereof,whether or not taxable as costs, including,
without limitation, attorney's fees, paralegal fees,witness fees(expert and otherwise), deposition costs, photocopying and telephone charges
and other expenses related to the foregoing, all of which shall be paid by Tenant to Landlord when such expenses are accrued. This
indemnity shall survive the expiration or earlier termination of the term of the Lease or the termination of Tenant's right of possession and be
fully enforceable thereafter.
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32.1 INFORMATION
Tenant shall provide Landlord with any and all information regarding Hazardous Substances in the Premises, including contemporaneous
copies of all filings and reports to govemmental entities,and any other information requested by Landlord. In the event of any accident,spill or
other incident involving Hazardous Substances,Tenant shall immediately report the same to Landlord and supply Landlord with all information
and reports with respect to the same. All information described herein shall be provided to Landlord regardless of any claim by Tenant that it
is confidential or privileged.
33.1 USE OF CONTRACTORS
ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION (AND SUBSEQUENT RESTORATION) SHALL BE PERFORMED BY A
CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY LANDLORD IN
WRITING PRIOR TO THE COMMENCEMENT OF ANY WORK. ALL PERMITS ARE THE RESPONSIBILITY OF THE TENANT. TENANT
AGREES THAT IF ALTERATIONS/RESTORATIONS ARE DONE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LANDLORD
THAT TENANT WILL PAY A PENALTY EQUAL TO THE COST OF THE ALTERATION/RESTORATION ,
34.1 IMPROVEMENT ALLOWANCE:
Landlord agrees to provide an allowance of S NONE for the sole purposes orcapital improvements to the premises.
Any portion of the allowance which exceeds the cost of tihe desired improvements of is otherwise remaining after completion,
shall accrue to the sole benefit of Landlord,it being agreed that Tenant shall not be entitled to any credit,offset,abatement,or
payment with respect thereto.
35.1 LEASE TERMINATION:
See Section 1.1 h. (Lease Expiration):
TENANT: MASON COUNTY FACILITIES
BY:
ITS: MASON COUNTY FACILITIES MANAGER
LANDLORD: R.W.J.J.,INC.
BY:
ITS: PRESIDENT
06-2019
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TRANSCRIBED 06-06.2019 ]HB
Exhibits
A— Premises
B— Project
C— Signs
D—D-3: Building Standard Improvements
EXHIBIT A
THE PREMISES
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TRANSCRIBED 0606.2019 R-M
EXHIBIT B
BELFAIR LANDING COMPLEX PROJECT .
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3 C Larx�i orl d Tenant
TRANSCRIBED.0"6.2019 JHIB
EXHIBIT C
SIGN REGULATIONS
These regulations have been established for the purpose of maintaining the overall appearance of the Project.
Compliance will be strictly enforced. Any sign installed without the approval of the Landlord will be brought to
conformity at the expense of the Tenant.
General Requirements regarding the installation and removal of signage:
1) Tenant agrees to the specifications outlined below.
2) Tenant shall obtain a cost estimate for approved signage.
3) Tenant's sign vendor shall submit to Landlord a schematic drawing of signage, which shows dimensions and
materials used for sign.
4) Landlord will, upon review of schematic from Tenant's sign vendor shall issue written approval or denial of the
proposed sign.
5) Tenant shall submit a sign fee of $300 to cover cost to remove signage and restore the panel upon which it
was affixed.
6) Tenant agrees that no sign will be placed on the building without Landlord's explicit written authorization.
General Specifications
1) Outside building signs may be no more than sixteen (16) inches tall and no more than
twelve(12 feet in length.
2) No electrical or audible signs will be permitted.
3) Placement of the sign and method of attachment to the building will be directed by the Landlord.
4) Except as provided herein, no advertising placards, banners, pennants, names, insignias, trademarks, or
other descriptle-material shall be affixed or maintained upon the glass planes or exterior walls of the building,
landscaped areas, streets or parking areas..
5) Tenants may select the style, size and color of the individual company's lettering and logo, subject to
Landlord's approval as provided above.
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EXHIBIT D
BUILDING STANDARD IMPROVEMENTS
Tenant Improvements
BELFAIR LANDING COMMERCIAL COMPLEX:
NE 23293 HWY 3 BUILDING (B) SUITE 1 & 2
BELFAIR,WA.98528
ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION INCLUDING RACK INSTALLATION SHALL BE PERFORMED
.BYA CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY
LANDLORD. ALL PERMITS ARE THE RESPONSIBILITY OF THE TENANT,
ANY TENANT ALTERATIONS OR IMPROVEMENTS MADE SHALL REMAIN ON AND BE SURRENDERED WITH THE PREMISES
UPON EXPIRATION OR TERMINATION OF THIS LEASE,EXCEPT THAT LANDLORD MAY,WITHIN 30 DAYS BEFORE OR 30
DAYS AFTER THE EXPIRATION OR TERMINATION OF THIS LEASE OR THE TERMINATION OF TENANT'S RIGHT OF
POSSESSION ELECT TO REQUIRE TENANT TO REMOVE ANY ALTERATIONS OR IMPROVEMENTS TENANT MAY HAVE MADE
TO THE PREMISES.
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EXHIBIT D-1
BELFAIR LANDING COMMERCIAL COMPLEX:
TENANT IMPROVEMENT STANDARDS FOR OFFICES:
1. Interior Walls - Partitions of 3-1/2" metal studs. 5/8"type "X"gypsum board with rubber base at an allowance of 66 linear
feet of wall per 1,000 square feet.
2. Interior Office Doors- 3'x 7'solid core, plain sliced red oak. Finish: mfg. standard color. 8 ga. cold rolled frames by Timely
and latch set. One door per 300 square feet. Provide cost for additive alternate red oak, prefinished, frame door and trip;
light pigment stain,two coats; lacquer top coat.
Door Hardware -4 -112" x 4-1/2" commercial medium duty hinges, 'D' series, orbit style,"look or latchsets, all Dark Bronze e.
finish(16-13)or Brush Chrome(626).
3. Ceilings-9'0"A.F.F. 2' x 4't-bar acoustical tile throughout office area. Armstrong Cortega or approved. Grid system to be
installed per code.
4. Insulation-6"(R-19)insulation above ceiling tile, 4"(R-11)insulation at perimeter wall locations.
5. Painting-All walls to be painted with one coat primer and two coats latex enamel paint. Finish to be satin low gloss.
6. Floor Covering - Carpet allowance of$12.00 per square yard direct glue to concrete floor. Level loop 26 oz.Orion by Astor.
Sheet vinyl in restrooms and lunch areas.
Base - 4" cove rubber Roppe or Flexco, manufactured standard colors. Provide cost for additive alternative 1"x4"
prefinished oak to match doors.
7. Lighting - 2"x4' three lamp fluorescent, lay-in type with acrylic prismatic. Install fixture to provide approximately 75 foot
candle average maintained light level, but not to exceed 1.5 watts per square foot.
8. Plumbing-One toilet room per 1,500 square feet, handicapped equipped, with lavatory, toilet paper holder,and hand towel
dispensers provided with each office area development.
9. Heating Ventilation Air Conditioning - positive ventilating system, heating and air conditioning provided to all office areas.
20°cooling temperature differential and 75° heating differential. Diffusers to be located for min./max. velocity of 50/250 per
minute. Return air diffusers to be located centrally.
10. Sprinklers-Fire protection to meet standard office construction fire code requirements.
11. Electrical -Wall duplex outlets will be provided at an allowance of one for each 125 square feet of office area. Dedicated
circuits available,to be evaluated on an individual basis. One lighting switch-leg (one way)per room.
12. Telephone Outlets-Telephone mudring pull-strings at the rate of two wall outlets for each 250 square feet,with locations to
be provided by Tenant to Landlord prior to wall-framing. Phone system installation is at the expense of the tenant.
13. Space Planning-All necessary space planning to design the building standards and obtain a building permit.
14. Permits-Obtaining the building permit is the tenant and owner's responsibility.
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EXHIBIT D-2
NON STANDARD TENANT IMPROVEMENTS
PROJECT:
ALL TENANT IMPROVEMENTS AND FITURES INSTALLATION INCLUDING RACK INSTALLATION SHALL BE PERFORMED BY
A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY
LANDLORD.
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EXHIBIT D-3
CLASSIFICATION OF RACK STORAGE MATERIALS
CLASS IV
Class IV commodity is defined as Class I, II or III products containing an appreciable amount of Group A plastics in a paperboard carton of Class I, II or
III products with Group A plastic packing in paperboard cartons on wood pallets. Group B plastics and free flowing group A plastics are also included in
this class.
Examples of Class IV products are small appliances,typewriters, and cameras with plastic parts; plastic-backed tapes and synthetic fabrics or clothing.
An example of packing material is a metal product in a foamed plastic cocoon in a corrugated carton.
Class IV commodities also include:
Textiles: Synthetic thread and yarn except viscose,and non-viscose synthetic fabrics or clothing.
Others: Vinyl floor tile, wood or metal frame upholstered furniture or mattresses with plastic covering and/or padding, and plastic-padded metal r
dashboards or metal bumpers.
CLASS III
Class III commodity is defined as wood, paper, natural fiber cloth,Group C plastics or products thereof;on wood pallets. Products may contain a limited
amount of Group A or B plastics. Wood dressers with plastic drawer glides, handles, and trim are examples of a commodity with a limited amount of
plastic.
Examples of Class III products are:
Paper Products: Books, magazines, newspapers, stationary, plastic-coated paper food containers, paper or cardboard games,tissue products,
rolled paper on side or steel banded on end, regenerated cellulose(cellophane).
Leather Products: Shoes,jackets,gloves and luggage.
Wood Products: Doors,windows,door and window frames,combustible fiberboard,wood cabinets,furniture,and other wood products.
Textiles: Natural fiber upholstered non-plastic furniture, wood or metal furniture with plastic padding and covered arm rests, mattresses without
expanded plastic or rubber, absorbent cotton in cartons, natural fiber and viscose yarns, thread and products, and natural fiber clothing or textile
products.
Others: Tobacco products in paperboard cartons, nonflammable liquids such as soaps, detergent and bleaches, and non-flammable
pharmaceuticals in plastic containers, combustible foods or cereal products, and no-negative producing film packs in sealed metal foil wrappers in
paperboard packages.
CLASS II
Class II commodity is defined as Class I products in slatted wooden crates, solid wooden boxes, multiple-thickness paperboard cartons, or equivalent
combustible packaging material on wood pallets.
Examples of Class II products are: thinly coated fine wire such as radio coil wire on reels or in cartons, incandescent or fluorescent light bulbs, beer or
wine up to 20%alcohol,in wood containers and Class I products,if in small cartons or small packages placed in ordinary corrugated cartons.
CLASS
Class I commodity is defined as essentially non-combustible product on wood pallets, or in ordinary corrugated cartons with or without single thickness
dividers,or in ordinary paper wrappings,all on wood pallets. Such products may have a negligible amount of plastic trim,such as knobs or handles.
Examples of Class I products are:
Metal Products: Metal desks with plastic tops and trim, electrical coils, electrical devices in their metal enclosures, pots and pans, electrical
motors,dry cell batteries,metal parts,empty cans,stoves,washers,dryers and metal cabinets.
Glass Products: Glass bottles,empty or filled with non-combustible liquids,mirrors.
Foods: Foods in non-combustible containers, frozen foods, meat, fresh fruits and vegetables in non-plastic trays or containers, dairy products in
non-wax coated paper containers,beer or wine up to 20%alcohol,in metal,glass, or ceramic containers.
Others: Oil-filled and other types of distribution transformers,cement in bags,electrical insulators,gypsum board, inert pigment,dry insecticides.
Note: See attached classification of plastics, plastomers and rubber.
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Classification of Plastics, Elastomers, and Rubber.
Note: The following categories are based on unmodified plastic materials. The use of fire or flame-retading modifiers of the
physical form of the material may change the classification.
GROUP A
ABS(Acrylonitrile-Butadiene-Styrene Copolymer
Acetal(Polyformaldehyde)
Acrylic(Polymethyl Methacrylate)
Butyl Rubber
EPDM(Ethylene-Propylene Rubber)
FRP(Fiberglass Reinforced Polyester) r
Natural Rubber
Nitrile Rubber(Acrylonitrile-Butadiene Rubber)
PET(Thermoplastic Polyester)
Polybutadiene
Polycarbonate
Polyester Elastomer
Polyethylene
Polypropylene
Polystyrene
Polyurethane
PVC(Polyvinyl Chloride-highly plasticized,
e.g.,coated fabric,unsupported film)
SAN(Styrene Acrylonitrile)
SBR(Styrene-Butadiene Rubber)
GROUP B
Cellulosics(Cellulose Acetate,Cellulose Acetate
Butyrate,Ethyl Cellulose)
Chloroprene Rubber
Fluoroplastics(ECTFE-Ethylene-Chlorotrifluoroethylene Copolymer;
ETFE-Ethylene-Tetrafluoroethylene Copolymer; FEP-Fluorinated Ethylene-Propylene Copolymer)
Nylon(Nylon 6, Nylon 6/6)
Silicon Rubber
GROUP C
Fluoroplattics(PCTFE-Polychlorotrifluoroethylene;PTFE-Polytetrafluoroethylene)
Melamine(Melamine Formaldehyde)
Phenolic
PVC(Polyvinyl Chloride-rigid or lightly plasticized e.g.,pipe,pipe fittings)
PVDC(Polyvinylidene Chloride)
PVDF(Polyvinylidene Fluoride)
PVF(Polyvinyl fluoride)
Urea(Urea Formaldehyde)
For storage heights above 15 feet(4.57 m), up to and including 20 feet(6.1m), provision of ceiling sprinkler density for a
minimum of 2000 square feet(185.9 m')with 165°F(74°C)or 286°F(141°C)temperature-rated sprinklers.
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BILLING INFORMATION SHEET
Please fill out the following information:
Contact Person:
Company:
Phone: Fax:
Address:
Address:
Billing Address:
Address:
After Hours Emergency Contact:
Name:
Phone:
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Attachment B
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Ross McDowell
DEPARTMENT: Parks &Trails EXT: 806
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: June 3, 2019
If this is a follow-up briefing, please provide only new information
ITEM:
1. Updated Mason County Code, Chapter 2.51 - Special Event Camping Policy for
Foothills, Truman Glick and Walker parks.
2. Update of Mason County Code, Chapter 9.44 - County Owned Real Property
including Parks and Property Held In Trust
3. Creation of Mason County Code, Chapter 2.51A - Camping Prohibited
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
To insure the public health and safety of our community an update is needed of our
County Code to regulate the camping and other activities on County owned real
property including parks and property held in trust.
In the current County Code Chapter 2.51 there is an allowance for Special Permit for
overnight camping in Foothills and Truman Glick Parks with a limit of 2 nights. In
Resolution 65-05, a special permit for overnight camping is allowed in Walker Park
which should be added to Chapter 2.51. The special permits also have several
stipulations for health &safety guidelines.
It has been understood there was no overnight camping in other County Parks since
the parks are open at dawn and closed at dusk (MC Chapter 9.44.050). To be perfectly
clear the County needs to establish a County Ordinance prohibiting camping in County
- Parks Chapter 2.51A Camping Prohibited. This draft ordinance delineates between
special camping permits in the three special exempted parks and all other parks in the
County. With the Martin vs. Boise 91h Circuit Court ruling on homeless sleeping on/in
public property there was a special enforcement clause added (Chapter 2.51A.040)
that pertains to specific actions to insure no civil rights are violated.
Chapter 9.44 originally indicated it was for County Parks and Fairgrounds. This
chapter needed to be expanded to include County owned real property, parks and
County property held in trust. Since Mason County does not have a fairground that
wording will need to be removed. Also added in the draft of Chapter 9.44 is
stipulations reference Park Hosts.
Briefing Summary 6/18/2019
Attachment B
The drafts of Chapter 2.51, Chapter 2.51A and Chapter 9.44 were reviewed by both
Deputy Prosecutor Tim Whitehead and MCSO Chief Ryan Spurling finding no major
concerns on their part. Public Health Director David Windom assisted in this process
with supplying a copy of Lacey City's proposed ordinance for camping on public
property.
BUDGET IMPACTS:
None
RECOMMENDED OR REQUESTED ACTION:
BOCC discussion and review of the legalities of the Camping Prohibited Chapter 2.51A
ordinance and move forward with a hearing.
ATTACHMENTS:
Draft of Mason County Code Chapter 2.51, Chapter 2.51A and Chapter 9.44
Briefing Summary 6/18/2019
Chapter 2.51 - SPECIAL EVENT CAMPING POLICY FOR FOOTHILLS PARK,
TRUMAN GLICK PARK AND WALKER PARK
2.51.010 - Purpose.
This policy sets forth terms and conditions for the use of Foothills Park and Truman
Glick Park for overnight camping in conjunction with a special event or gathering, and
Walker Park for non-motorized boating around South Puget Sound overnight camping.
(Res. 52-08 Attach. A (part), 2008 and Res. 65-05 Attach. A (part), 2005).
2.51.020 - Termination.
This policy shall be effective upon adoption by the board of county commissioners and
shall remain in effect unless the board of county commissioners terminates the policy
at any time with a motion of the board at any regular or special meeting.
(Res. 52-08 Attach. A (part), 2008 and Res. 65-05 Attach. A (part), 2005).
2.51.030 - Policy.
It shall be the policy of the Mason County board of county commissioners and Mason
County parks and trails department to allow overnight camping at Foothills Park and
Truman Glick Park under the following terms and conditions:
(1) Camping shall be allowed in the park only via special permit to groups
conducting a special event at the park. Camping shall be allowed only during
that portion of the year the park is open for day-use.
(2) A camping permit does not provide exclusive use of the park, the general
public will still have access for the park.
(3) An overnight stay permit must be obtained from the parks and trails office
in advance of arriving at the park. The group leader or event sponsor must
submit a roster with names and addresses of all individuals registered for an
overnight stay.
(4) All campers must sign a liability waiver. Adult or guardian must sign for
children under eighteen.
(5) Campers must camp in tents or self-contained camping units only Truman
Glick Park and Foothills Park.
(6) The maximum number of individuals, tents, or self contained camping units
allowed on-site at each park site will be determined on a case by case basis by
the parks and trails department staff.
(7) There is no electrical service, hookups, or sewer dump service for any
camping.
(8) Overnight stays shall be limited to two consecutive nights.
(9) Fee schedule for camping may be required depending on the special event
at Truman Glick and Foothills Park.
(10) Campers must observe all park rules governing day-use patrons, to
include no open fires, alcoholic beverages, no smoking, or firearms. Anyone
possessing alcoholic beverages, firearms, smoking or starting an open fire may
be asked to leave and/or may be subject to arrest.
(11 ) Disruptive individuals will be asked to leave the park and/or may be
subject to arrest.
(12) Quiet time at the park shall be nine p.m. through eight a.m. Campers are
expected to restrict activities to their tents or self contained camping units and
refrain from making noise during that time.
(13) Tents shall be placed only in areas approved by the parks and trails staff
at Truman Glick Park and Foothills Park.
(14) A damage/cleanup deposit may be required depending on the special
event.
(15) The responsible adult group leader shall ensure that all camp areas are
kept clean and in good condition during occupancy, and upon leaving the park,
in order to receive a refund of the damage/cleanup deposit. An adult must be
present at all times.
(16) Campers staying at Mason County parks under an overnight stay permit
shall use the facilities at their own risk. Mason County shall not be liable for
personal injuries or damages to equipment or personal property.
(17) Camping at the park sites will be reserved on a first-come, first-served
basis.
(18) No commercial use of the park associated with camping is allowed.
(19) No amplified sound is allowed during the park quiet time (nine p.m. to
eight a.m.)
(20) Only smaller two to eight person tents are allowed. No large group tents.
(21) Future camping use will be denied for failure to follow rules and
regulations.
(22) Camping activities at the park sites shall be carried out to minimize the
impact to day-use patrons and scheduled use of other park facilities.
(Res. 52-08 Attach. A (part), 2008).
It shall be the policy of the Mason County board of county commissioners and Mason
County Parks and Trails Division to allow overnight camping at Walker Park under the
following terms and conditions:
(1) Camping shall be allowed only by individuals arriving at Walker Park by water in
non-motorized boats, during that portion of the year the Park is open for day-use. No
overnight parking for campers will be allowed at the Park.
(2) An "Overnight Stay Permit' must be obtained from the County/ in advance of arriving
at the Park. An Overnight Stay Permit will only be issued to a designated responsible
group leader who will be on-site during the stay and upon receipt of: a camper roster
and liability waivers for each camper.
(3) A damage/cleanup deposit may be required depending on the special event.
(4) The maximum number of individuals on-site at the park in the overnight camping party
shall be fifteen (15), including shore support and visitors.
(5) Overnight stays shall be limited to two (2) consecutive nights
(6) Campers must observe all Park rules governing day-use patrons, to include no open
fires, alcoholic beverages, or firearms.
(7) Quiet time at the Park shall be 10:00 p.m. Campers are expected to restrict
activities to their tents and refrain from making noise after that time.
(8) Tents shall be placed only in areas approved by the County, and camping
equipment shall not be left unattended.
(9) The responsible group leader shall ensure that all camp areas area kept clean and in
good condition during occupancy, and upon leaving the Park in order to receive a
refund of the damage/cleanup deposit.
(10) Campers staying at Walker Park under an "Overnight Stay Permit" shall use the
facilities at their own risk. Mason County shall not be liable for personal injuries or
damages to equipment or personal property.
(11) Camping activities at the Park shall be carried out to minimize the impact to day-use
patrons and scheduled use of other Paris facilities.
(Res. 65-05 Attach. A (part), 2005)
Chapter 2.51A
CAMPING PROHIBITED
Sections:
2.51A.010 Definitions.
2.51A.020 Camping Prohibited Policy.
2.51A.030 Storage of Personal Property in Public Places Prohibited.
2.51 A.040 Enforcement.
2.51A.050 Violation — Misdemeanor.
2.51A.060 Severability.
2.51A.010 Definitions.
For purposes of this Chapter, the following definitions apply:
A. "Camp" means erecting a tent or shelter or arranging bedding or both, for the purpose of, or in
such a way that permits, remaining overnight, or parking a trailer, camper, or other vehicle for the
purpose of remaining overnight.
B. "County property" means any county-owned real property including county parks and property
held in trust.
C. "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by
which any person or property is or may be transported or drawn upon a public highway. Bicycles shall
not be considered vehicles for purposes of this Chapter.
D. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.
E. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or
leave in a location.
F. "County Property Closed" According to existing conditions, times and periods when the park is
open or closed to the public. Parks are closed between dusk and dawn. County owned real property
and property held in trust shall be closed before and after normal business hours, on weekends and on
holidays while County operations are closed.
2.51A.020 Camping Prohibited Policy.
It shall be unlawful for any person to camp on county property after county property is closed, except in
areas specifically designated and posted for those purposes. It shall be unlawful for any person to
occupy a vehicle for the purpose of camping while that vehicle is parked after a park is closed.
Exceptions to Chapter 2.51A.020 is Special Event Camping Policy for Foothills Park and Truman Park
and Boater Camping Policy for Walker Park (Chapter 2.51 (Res 52-08 and Res. 65-05).
2.51A.030 Storage of Personal Property in Public Places Prohibited.
It shall also be unlawful for any person to store personal property.. including camp facilities (other than
vehicles) and camp paraphernalia on county property.
2.51A.040 Enforcement.
Prior to issuing any citation pursuant to this chapter, the investigating officer shall inquire whether the
camping is due to homelessness. If the officer learns that such is the case, the officer shall determine,
in accordance with relevant department policy, whether adequate shelter space is available to
accommodate the subject of the investigation.
A. If the officer determines that all such shelter space is full, the officer shall not issue a
citation.
B. If the officer determines adequate shelter space to be available, the officer may, within his or
her discretion, issue a citation pursuant to MC Code Chapter 2.51A.050 and/or:
1. Provide directions to the shelter location.
2. Offer one-time transport to the shelter location.
2.51A.050 Violation — Misdemeanor.
Violation of any of the provisions of this chapter is a misdemeanor (RCW 9A.52.080 Criminal Trespass
in the Second Degree). Any person violating any of the provisions of this chapter may, unless another
penalty is expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this
chapter shall constitute misdemeanor.
2,51A.060 Severability.
If any section, sentence, clause or phrase of this ordinance should be held to be invalid by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality
of any other section, sentence, clause or phrase of this ordinance.
i
Chapter 9.44-COUNTY OWNED REAL PROPERTY, INCLUDING PARKS AND PROPERTY HELD IN TRUST
Sections:
9.44.010-Speed of motor vehicles.
No person shall drive a motor vehicle within any county park,on owned real property, or property held
in trust at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the
surface and width of the road, and in no event at a speed which endangers the safety of persons,
property or wildlife:
(1) Provided, however,that in no event shall a vehicle be driven at a speed greater than ten
miles per hour in a park, county owned real property or property held in trust, or areas of
general public assemblage, or in parking lots;
(2) And, provided further,that it shall be a misdemeanor to operate any motor vehicle in any
planted area.
(Ord. 91-06 Att. B (part), 2006).
9.44.020- Parking of motor vehicles,trailers,etc.
(a) No operator of any automobile, trailer, camper or other vehicle, shall park such vehicle in
any county park, county owned real property, or property held in trust, except where the
operator is using the area for a designated recreational purpose and the vehicle is parked in a
designated parking area, or in another area with the permission of the manager or park
supervisor.
(b) No person shall park, leave standing or abandon a vehicle in any county park, county owned
real property, or property held in trust overnight or in a "No Parking" zone, except with
permission from a County Manager/Director or Park supervisor.
(c) Any unauthorized vehicle found parked in violation of subsections (a) or(b) of this section
may be towed away at the owner's or operator's expense.
(Ord. 91-06 Att. B (part), 2006).
9.44.030-Consumption of alcoholic beverages.
Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in
any county park, on county owned real property, or property held in trust shall be prohibited except in
the following designated areas and under the following circumstances:
i
(1) In any buildings leased or rented or in a designated signed area, wherein the lessee has
obtained and displays the proper permits from the Washington State Liquor Control Board.
(2) Park Hosts are permitted to possess and consume alcoholic beverages inside their
recreational vehicle or residence.
(Ord. 91-06 Att. B (part), 2006).
9.44.040- Intoxication in county parks, county owned real property or property held in trust.
Being or remaining in, or loitering about in any county park area, on any county owned real property, or
property held in trust while in a state of intoxication shall be prohibited.
(1) Park Hosts shall not be intoxicated while performing their Park Host duties.
(Ord. 91-06 Att. B (part), 2006).
9.44.041-Tobacco Free zone in county parks, owned real property, or property held in trust.
All county property, including county parks, county owned real property or property held in trust, shall
be designated tobacco free areas. County property does not include:
(1) Private vehicles and residences unless otherwise required by individual or group contracts
with the county;
(2) County roads;
(3) Any person passing by or through county property while on a public sidewalk or public right-
of-way
ht-
of-way has not intentionally violated this chapter.
(4) Park Host owned recreational vehicle.
(Ord. 91-06 Att. B (part), 2006).
9.44.042-No tobacco sales, advertising,sampling or sponsorship.
(a)The sale of tobacco products or tobacco related merchandise is prohibited on county-owned
or leased property or during county sponsored events.
(b)Advertising tobacco products is prohibited on county-owned or leased property or during
county sponsored events.
(c) Sampling(free distribution) of tobacco products or tobacco related merchandise is
prohibited on county-owned or leased property or during county sponsored events.
(d)Tobacco sponsorship (compensation or promotional items) is prohibited on county-owned or
leased property or during county sponsored events.
i
(Ord. 91-06 Att. B (part), 2006).
9.44.050–Parks, county owned real property operation and property held in trust periods.
The county shall establish for each county park areas, according to existing conditions,times and periods
when it will be open (usually dawn) or closed (usually dusk) to the public. Such times and periods shall
be posted at the entrance to the area affected and at the facility office. No person shall enter or be
present in a county park area after closing time except with specific permission of the park manager, or
a county parks employee. County owned real property and property held in trust shall be closed before
and after normal business hours, on weekends and holiday while County operations are closed.
(Ord. 91-06 Att. B (part), 2006).
9.44.060-Fireworks—Restricted.
(a) No person shall possess, discharge, set off or cause to be discharged, in or into any county
parks area, county owned real property, or property held in trust, any firecrackers, torpedoes,
rockets,fireworks, explosives or substance harmful to the life or safety of persons or property.
(b) Provided, however,that fireworks may be permitted as a part of a professionally conducted
display by competent, licensed, bonded pyro technicians, subject to the approval of the local fire
district and the county fire marshal.
(Ord. 91-06 Att. B (part), 2006).
9.44.070- Rubbish—Deposit in parks,county owned real property or property held in trust—
Prohibited.
(a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes,waste paper,
cans or other rubbish, in a county park area, on county owned real property, or on property
held in trust except in a garbage can or other receptacle designed for such purpose.
(b) No person shall deposit any household or commercial garbage, refuse, waste or rubbish,
which is brought as such from any private property, in any county park area, county owned real
property, or property held in trust garbage can designed for such purpose.
(Ord. 91-06 Att. B (part), 2006).
9.44.080-Sanitation.
No person shall, in any county park area, on county owned real property or property held in trust:
(1) Drain or dump refuse or waste from any trailer, camper, automobile or other vehicle, except
in designated disposal areas or receptacles;
(2) Clean fish or other food, or wash any clothing or other article for personal household use or
any dog or other animal, except at designated areas;
i
(3) Clean or wash any automobile or other vehicle;
(4) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or
refuse of any nature, kind or description, including human or animal bodily waste, the soil, any
stream, river, lake or other body of water running in, or adjacent to, any county park area,
county owned real property, or property held in trust.
(Ord. 91-06 Att. B (part), 2006).
9.44.090- Firearms and/or other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county
park area, on county owned real property or property held in trust, nor shall any person discharge or
propel across, in or into any county park area, county owned real property, or property held in trust, a
firearm, bow and arrow, spear, spear gun, harpoon or air or gas weapon, or any device capable of
injuring or killing any person or animal, or damaging or destroying any public or private property, except
where the county for good cause has authorized a special recreational activity upon finding that it is not
inconsistent with county parks, county owned real property, or property held in trust use.
(Ord. 91-06 Att. B (part), 2006).
9.44.100-Dogs on leashes—Horses.
(a) No person shall bring a dog into any county park, county owned real property, or property
held in trust unless the dog is controlled by means of a hand-held leash no longer than six feet.
The dog must not be tied and abandoned, but must be at all times under the personal control of
the person bringing it to the county parks, county owned real property, or property held in
trust. Provided, however, with the exception of service animals (dogs) for the handicapped.
(b) Provided further, no person shall bring a horse into county park areas, county owned real
property, or property held in trust except those areas specifically developed and posted for
horse use. Provided, however, with the exception of service animals (miniature horse)for the
handicapped.
(Ord. 91-06 Att. B (part), 2006).
9.44.110-Violation—Penalties.
(a)All county employees shall be encouraged to help educate the public about the tobacco free
zone policies in this chapter by reminding violators not to use tobacco products on the property
and by adding the guidelines to all use agreements and event publications.Violators,who refuse
to comply with the tobacco free zone policies, may be asked to leave the county park, county
owned real property, or property held in trust area.
(b) In addition to the penalty provided in any other existing or future ordinance of the county,
failure to comply with this chapter, or any other rule or regulation of the county parks, county
i
owned real property, property held in trust or with any other federal, state, or local law, rule,
regulation applicable under the circumstances, shall subject the person so failing to comply to
ejection from any county park area, county owned real property, or property held in trust shall
be guilty of a misdemeanor trespassing in the second degree (RCW 9A.52.080).
(Ord. 91-06 Att. B (part), 2006).
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter/ Melissa Drewry
DEPARTMENT: Support Services EXT: 589
BRIEFING DATE: 6/24/19
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Property Management update
EXECUTIVE SUMMARY (If applicable, please include available options and
potential solutions):
Since holding the Tax Title Auction in October of 2018, approximately 20 parcels were
sent to Richard Beckman to list and sell on behalf of the County.
The following information is as of June 18, 2019:
Parcels sold: 3
Parcels pending hearings to be sold: 3
Total sales amount: $210,000
Total amount received by Mason County after taxes and fees: $191,159.40
Melissa is currently working with the Treasurer on an auction order to present to the
Board for another Tax Title auction to be held in the fall on Bid4assets.com, and is
also working to update the Property Management code.
ATTACHMENTS:
Property sale spreadsheet
Briefing Summary 6/18/2019
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information) N/A
ITEM: Building Permit Month
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
Mason County Community Services conducts a public outreach to declare
January as "Building Permit Month". In November, MCCS conducts a "Build
Your Dream" forum at Public Works. This forum would run from noon till 8 pm
and would be staffed by permit techs, planners, building inspectors,
environmental health specialists, and would feature SmartGov kiosks and
other building resources. The purpose is to help educate the public on the
processes involved and to trouble shoot in advance of putting together permit
applications which would then be accepted in January. This would help front
load the workload for 2020 into the winter months with high quality
applications thereby speeding the process throughout the spring.
BUDGET IMPACTS: Estimating $2000-$3000 for advertising and meeting
support.
RECOMMENDED OR REQUESTED ACTION: Discussion
ATTACHMENTS:
Briefing Summary 6/19/2019
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information N/A
ITEM: Vehicle Cost
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
Mason County Community Services conducted a review of vehicle usage and
costs as well as an evaluation of the fleet age and service life. It may be time
to seek different vehicle arrangements for the community health division and
time to implement a replacement plan for Environmental Health, Building,
and Planning.
BUDGET IMPACTS: Depends on the model and the speed at which vehicles
are replaced. Turning in Community Health cars (2) and using rentals from
ER&R may save half the vehicle budget for Community Health
RECOMMENDED OR REQUESTED ACTION: Discussion
ATTACHMENTS: Cost analysis, fleet details from ER&R, discussion points
from recent ER&R meeting
Briefmg Summary 6/19/2019
Vehicle Costs and Mileage for Community and Family Health
2018
Miles Cost
Vehicle#1 2,416.00 4,452.00 1.842715 per mile
Vehicle#8 5,523.00 4,164.00 0.753938 per mile
7,939.00 8,616.00 1.085275 per mile
7,939 @ 0.545 4,326.76
2018 4,289.25 Additional Cost for using County Vehicles
2019 through May
Miles Cost
Vehicle#1 899 1,855 2.063404 per mile
Vehicle#8 2,469 1,735 0.702714 per mile
3,368 3,590 1.065914 per mile
3,368 @ 0.580 1,953.44
Vehicle Costs and Mileage for Environmental Health
2018
Miles Cost
Vehicle#17 7,349.00 3,492.00 0.47517 per mile
Vehicle#114 10,646.00 4,848.00 0.45538 per mile
Vehicle#115 6,806.00 5,028.00 0.73876 per mile
Vehicle#138 5,325.00 3,852.00 0.72338 per mile
Vehicle#187 7,060.00 4,968.00 0.70368 per mile
37,186.00 22,188.00 0.59668 per mile
37,186 @ 0.545 20,266.37
2018 1,921.63 Additional Cost for using County Vehicles
2019 through May
Miles Cost
Vehicle#17 2,571.00 1,455.00 0.56593 per mile
Vehicle#114 3,304.00 2,020.00 0.61138 per mile
Vehicle#115 2,797.00 2,095.00 0.74902
Vehicle#138 1,439.00 1,605.00 1.11536
Vehicle#187 2,044.00 2,070.00 1.01272
12,155.00 9,245.00 0.760592 per mile
12,155 @ 0.580 7,049.90
2019 2,195.10 Additional Cost for using County Vehicles
June 12, 2019
ER&R Meeting—DCD/Health
Present: Cyndi Ticknor, Jeremy Seymour, Aislyn Garner, Dave Windom, Alex Paysse, Casey
Bingham, Kristopher Nelsen
Discussion about upcoming needs for DCD/Health included: new vehicles (short term/long term
goals)
Short term: Vehicle 138 has a blown engine and needs replaced. Cyndi mentioned that in the
meantime between replacing 138, the dept can rent a pool vehicle. Sheriff's office is washing
down vehicle 143 that would meet an immediate need for a replacement vehicle. Jeremy gave
an approximate two week timeline for getting that vehicle ready. Staff also generally has
dissatisfaction with the cleanliness of vehicles so Cyndi encouraged the department to call the
shop to schedule an appointment for detailing.
Long term: Dave would like to build a fund for vehicle replacement of approximately$75,000 in
25K increments over the next several years. Cyndi explained that the ER&R structure is not set
up to collect replacement so essentially we are an "ER" fund. Dave would like to look at
replacing existing vehicles with used vehicles (2014 or newer). Cyndi will work on looking into
used vehicle availability, getting quotes, and also get together quotes for new rigs from DES
Master Contracts. Immediate need to replace 138 and ideally would like to update the aging
fleet by getting in a consistent replacement cycle. In order to do this BOCC needs to approve
purchases. The department is not interested in wash-down Sheriff's office vehicles and does
not consider this a good long-term solution for their fleet's needs.
Replacement priorities
2020 Health: 187
2020 DCD: 178
2021 Health: 114
2021 DCD: 137
PUBLIC WORKS
MONDAY,JUNE 24,2019— BRIEFING ITEMS
FROM PUBLIC WORKS
(For Commissioners Meeting July 2,2019)
Items for this meeting are due to Diane Zoren on Wednesday,June 26,2019
5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS
• CRP 1994 Highland Road Culvert Replacement Project bid award to lowest bidder Rognlins
Construction Company out of Vancouver, WA with bid amount$652,357.25
• Special Project 701-4 Satsop Cloquallum Road Mitigation Project—Update on award.
8.0 APPROVAL OF ACTION ITEM
• Road closure Highland Road at milepost 1.47 on Monday, July 8, 2019 for County Road
Project 1994 culvert replacement project. (Requesting approval at the July 91h Commission
Meeting.
• County Road Projects(CRP)2022—Agate Loop Road(Uncle John's Creek Upper Culvert
Replacement), CRP 2023—Agate Loop Road(Uncle John's Creek Lower Culvert
Replacement)and CRP 2024—Highland Road(Dayton Creek Culvert Replacement)
9.0 OTHER BUSINESS
(None)
10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME
(None)
DISCUSSION ITEMS:
Attendees:
Commissioners: Public Works: Other Dept. Staff.: Public:
_Randy Neatherlin _Diane Sheesley
_Kevin Shutty _Loretta Swanson
Sharon Trask _Others:(List below)
WORKSESSION (aD 2:OOPM
• Belfair Financial Analysis/Loan Application
Attendees:
Commissioners: Public Works: Other Dept. Staff.: Public:
_Randy Neatherlin _Diane Sheesley
_Kevin Shutty _Loretta Swanson
_Sharon Trask —Others:(List below)
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Sheesley. County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: August 4, 2014
(If this is a follow-up briefing, please provide only new information.)
ITEM: Contract Award: County Road Project 1994 — Highland Road Culvert
Replacement Project
Background: On August 12, 2014 County Commissioners authorized the County Engineer to
advertise, set bid opening date/time, and award the contract for County Road Project 1994 on
Highland Road (M.P. 1.47) to remove the existing undersized culvert and replace with a larger
culvert to carry flows under the roadway.
Date and time of opening was Friday, June 7, 2019 at 9:00am seven (7) Bids were received and
opened at the office of the Mason County Commissioners.
The contract has been awarded to the low bidder, Conway Construction out of Vancouver,
WA at their bid price of $652,357.25.
Recommended Action: No action required.
Attachment: Bid Tabulation
ROAD: HIGHLAND RD BID TABULATION SHEET
BID OPENING: JUNE 7.2019
CRP 1994-CULVERT NOVA CONSTRUCTION GRANITE CONSTRUCTION MIKE MCCLUNG
REPLACEMENT Littlerock,WA Olympia,WA Buckley,WA
ENGINEERS BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7
11 ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES
TE ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE
NO. DESCRIPTION I UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 MOBILIZATION LS 1 $50,590.07 $ 50,590.07 $ 82,600.00 $ 82,600.00 $ 75,000.00 $ 75,000.00 $100,000.00 $ 100,000.00
2 CLEARING&GRUBBING LS 1 $ 9,500.00 $ 9,500.00 $ 17,000.00 $ 17,000.00 $ 20,900.00 $ 20,900.00 $ 20,000.00 $ 20,000.00
3 REMOVING BITUMINOUS SY 872 $ 10.00 $ 8,720.00 $ 10.00 $ 8,720.00 $ 9.00 $ 7,848.00 $ 11.00 $ 9,592.00
PAVEMENT
4 ROADWAY EXCVATION CY 1,415 $ 45.00 $ 63,675.00 $ 20.00 $ 28,300.00 $ 25.00 $ 35,375.00 $ 40.00 $ 56,600.00
INCL.HAUL
5 GRAVEL BORROW TON 3,025 $ 10.00 $ 30,250.00 $ 22.00 $ 66,550.00 $ 31.00 $ 93,775.00 $ 30.00 $ 90,750.00
INCL.HAUL
6 QUARRY SPALLS TON 55 $ 42.60 $ 2,343.00 $ 100.00 $ 5,500.00 $ 95.00 $ 5,225.00 $ 60.00 $ 3,300.00
7 STREAMBED SEDIMENT TON 170 $ 50.00 $ 8,500.00 $ 50.00 $ 8,500.00 $ 67.00 $ 11,390.00 $ 95.00 $ 16,150.00
8 STREAMBED COBBLES- TON 170 $ 50.00 $ 8,500.00 $ 50.00 $ 8,500.00 $ 67.00 $ 11,390.00 $ 95.00 $ 16,150.00
4"COBBLES
9 STREAMBED COBBLES TON 40 $ 50.00 $ 2,000.00 $ 60.00 $ 2,400.00 $ 67.00 $ 2,680.00 $ 105.00 $ 4,200.00
6"CLEAN COBBLES
10 PLACING ADD'TNL SEDIMENT EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00
&COBBLES
ASSEMBLY&INSTALL 17'
DIAM.X 105'AL.STRUC.
11 PLATE 0.15"THICK W/TYPE- LF 105 $ 152.38 $ 15,999.90 $ 1,980.00 $ 207,900.00 $ 389.00 $ 40,845.00 $ 505.00 $ 53,025.00
II REINFORCING
RIBS AT 27"OC
12 CRUSHED SURFACING BASE TON 5,225 $ 30.00 $156,750.00 $ 30.00 $ 156,750.00 $ 32.00 $ 167,200.00 $ 50.00 $261,250.00
COURSE
13 CRUSHED SURFACING TOP TON 450 $ 35.00 $ 15,750.00 $ 50.00 $ 22,500.00 $ 45.00 $ 20,250.00 $ 60.00 $ 27,000.00
COURSE
14 HMA CL. 1/2 IN.PG 58H-22 TON 310 $ 130.00 $ 40,300.00 $ 160.00 $ 49,600.00 $ 133.00 $ 41,230.00 $ 140.00 $ 43,400.00
15 SILT FENCE LF 148 $ 12.00 $ 1,776.00 $ 5.00 $ 740.00 $ 12.00 $ 1,776.00 $ 5.00 $ 740.00
16 ESC LEAD DAY 5 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 34.00 $ 170.00 $ 800.00 $ 4,000.00
17 SEEDING, FERTILIZING& LS 1 $13,750.00 $ 13,750.00 $ 4,024.00 $ 4,024.00 $ 4,000.00 $ 4,000.00 $ 3,500.00 $ 3,500.00
MULCHING
18 PLASTIC COVERING SY 785 $ 3.00 $ 2,355.00 $ 1.00 $ 785.00 $ 3.00 $ 2,355.00 $ 5.00 $ 3,925.00
19 WATTLE LF 120 $ 10.00 $ 1,200.00 $ 5.00 $ 600.00 $ 9.00 $ 1,080.00 $ 5.00 $ 600.00
20 EROSION/WATER POLLUTION EST 1 $10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
CONTROL
TEMP.
21 DEWATERING/STREAM LS 1 $20,000.00 $ 20,000.00 $ 33,493.00 $ 33,493.00 $ 27,000.00 $ 27,000.00 $ 15,000.00 $ 15,000.00
BYPASS SYSTEM
22 BEAM GUARDRAIL TYPE 31 EACH 4 $ 3,000.00 $ 12,000.00 $ 4,000.00 $ 16,000.00 $ 3,800.00 $ 15,200.00 $ 31500.00 $ 14,000.00
NON-FLARED TERMINAL
23 BEAM GUARDRAIL TYPE 31 LF 250 $ 25.00 $ 6,250.00 $ 50.00 $ 12,500.00 $ 50.00 $ 12,500.00 $ 55.00 $ 13,750.00
Page 3 of 4
ROAD: HIGHLAND RD BID TABULATION SHEET
BID OPENING: JUNE 7.2019
CRP 1994-CULVERT NOVA CONSTRUCTION GRANITE CONSTRUCTION MIKE MCCLUNG
REPLACEMENT Littlerock,WA Olympia,WA Buckley,WA
ENGINEERS BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7
ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES
TE ITEM PLANNED UNIT I ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL
24 PAINT LINE LF 1,065 $ 1.50 $ 1,597.50 $ 6.00 $ 6,390.00 $ 5.00 $ 5,325.00 $ 5.00 $ 5,325.00
25 RECESSED PAVEMENT HUND 0.06 $10,000.00 $ 600.00 $ 60,000.00 $ 3,600.00 $ 87,840.00 $ 5,270.40 $ 75,000.00 $ 4,500.00
MARKER
26 PROJECT TEMPORARY LS 1 $ 3,000.00 $ 3,000.00 $ 6,100.00 $ 6,100.00 $ 2,200.00 $ 2,200.00 $ 20,000.00 $ 20,000.00
TRAFFIC CONTROL
27 TRAFFIC CONTROL LS 1 $ 9,000.00 $ 9,000.00 $ 1,300.00 $ 1,300.00 $ 2,900.00 $ 2,900.00 $ 12,000.00 $ 12,000.00
SUPERVISOR
28 CONSTRUCTION SIGNS SF 72.5 $ 48.30 $ 3,501.75 $ 50.00 $ 3,625.00 $ 27.00 $ 1,957.50 $ 45.00 $ 3,262.50
CLASS A
29 PORTABLE CHANGEABLE HR 336 $ 5.00 $ 1,680.00 $ 30.00 $ 10,080.00 $ 9.00 $ 3,024.00 $ 12.50 $ 4,200.00
MESSAGE SIGN
30 STRUCTURE EXCAVATION CY 2,590 $ 15.00 $ 38,850.00 $ 15.00 $ 38,850.00 $ 24.00 $ 62,160.00 $ 45.00 $ 116,550.00
CLASS B INCL.HAUL
SHORING OR EXTRA
31 EXCAVATION CLASS B SF 2,493 $ 25.00 $ 62,325.00 $ 1.00 $ 2,493.00 $ 67.00 $ 167,031.00 $ 45.00 $ 112,185.00
INCL.HAUL
32 ROCK FOR ROCK WALL TON 105 $ 80.00 $ 8,400.00 $ 200.00 $ 21,000.00 $ 81.00 $ 8,505.00 $ 350.00 $ 36,750.00
33 ROADSIDE CLEANUP EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00
34 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 600.00 $ 600.00 $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00
TOTALS $620,663.22 $ 848,000.00 $ 877,061.90 $1,092,204.50
Page 3 of 4
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Sheesley, County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: March 25, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, lease provide only new information
ITEM: Contract Award Update: Special Project 701-4 - Satsop Cloquallum Road
EXECUTIVE SUMMARY: On March 25, 2019, Public Works announced at the
Commission Meeting that the Mitigation Project 701-4 on Satsop Cloquallum Road opened
bids on Friday, February 22, 2019 and awarded, with FEMA concurrence, to the apparent
low bidder, Hanson Excavation, LLC, out of Shelton WA at their bid price of $97,919.00.
Hanson Excavation is no longer able to begin/complete the project and has withdrawn
their bid. The second low bidder, Clark Crane Company was contacted and declined the
project. . With FEMA's consent, Public Works moved onto the third low bidder, Rognlins
Inc., which has accepted the project award at their bid price of $113,410.00, plus an
additional procurement cost of $14,400.
BUDGET IMPACTS: FEMA and State Emergency Management funds will cover 87.5%.
RECOMMENDED ACTION: No action required.
ATTACHMENT: Bid Tabulation
Briefing Summary 6/19/2019
SATSOP-CLOQUALLUM
MITIGATION Mason County Public Works
ROAD:02000 BID TABULATION SHEET
BID OPEN:2/22/19
SP 7014 Hanson Excavation,LLC Clark Crane Company Rognlln's,Inc. Active Construction,Inc Qulgg Brothers,Inc. Redslde Construction,LL
86 SE Banjo Lane 21 E Cedarshade Lane PO Box 307 5110 River Road E 819 West State Street 600 Winslow Way E Suite 237
FEMA PW 35-DR 4253
Shelton WA 98584 Shelton WA 98584 Aberdeen WA 98520 Tacoma WA 98443 Aberdeen WA 98520 Bainbridge Island WA 981
10
BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BIDDER NO: 5 BIDDER NO: 6
ENGINEER'S ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD7 YES
ITEM ITEM PANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE
NO. DESCRIPTION UNIT DUANTrry PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 MOBILIZATION L5. 1 $ 15,000.00 $ 15,000.00 $ 33,333.00 $ 33,333.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ 25,355.00 $ 25,355.00 $ 12,000.00 $ 12,000.00 $ 20,000.00 $ 20,000.00
2 FURNISHING ST.PILING L.F. 360 $ 95.00 $ 34,200.00 $ 49.00 $ 17,640.00 $ 48.94 $ 17,618.40 $ 50.00 $ 18,000.00 $ 53.50 $ 19,260.00 $ 75.00 $ 27,000.00 $ 42.00 $ 15,120.00
3 DRIVING ST.PILE EACH 12 $ 5,000.00 $ 60,000.00 $ 1,333.00 $ 15,996.00 $ 2,819.16 $ 33,829.92 $ 3,200.00 $ 38,400.00 $ 3,000.00 $ 36,000.00 $ 3,000.00 $ 36,000.00 $ 7,350.00 $ 88,200.00
4 SILT FENCE L.F. 700 $ 8.00 $ 5,600.00 $ 3.00 $ 2,100.00 $ 5.00 $ 3,500.00 $ 3.00 $ 2,100.00 $ 6.00 $ 4,200.00 $ 6.00 $ 4,200.00 $ 1.50 $ 1,050.00
5 ESC LEAD DAV 3 $ 300.00 $ 900.00 $ 100,00 $ 300.00 $ 250.00 $ 750.00 $ 200.00 $ 600.00 $ 1.00 $ 3.00 $ 100.00 $ 300.00 $ 50.00 $ 150.00
6 EROSION/WATER EST, 1 :., $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 51000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00
POLLUTION CONTROL
7 PROJECT TEMPORARY L.S. 1 $ 8,000.00 $ 8,000.00 $ 6,000.00 $ 6,000.00 $ 9,492.00 $ 9,492.00 $ 11,000.00 $ 11,000.00 $ 12,500.00 $ 12,500.00 $ 7,500.00 $ 7,500.00 $ 35,000.00 $ 35,000.00
TRAFFICCONTRO
B TRAFFIC CONTROL L S. 1 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 $ 5,529.00 $ 5,529.00 $ 4,500.00 $ 4,500.00 $ 6,500.00 $ 6,500.00 $ 5,000.00 $ 5,000.00 $ 1,300.00 $ 1,300.00
SUPERVISOR
9 CONSTRUCTION SIGNS, S F 27 $ 40.00 $ 1,080.00 $ 50.00 $ 1,350.00 $ 64.81 $ 1,749.87 $ 30.00 $ 810.00 $ 45.00 $ 1,215.00 $ 35.00 $ 945.00 $ 40.00 $ 1,080.00
CLASS A
10 ROADSIDE CLEANUP E57.' 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $
1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00
t1 SPCC PLAN L.S. 1 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 100.00 $ 100.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00
12 LOG WITH ROOTWAD EACH 11 $ 5,000.00 $ 55,000.00 $ 1,200.00 $ 13,200.00 $ 973.66 $ 10,710.26 $ 2,000.00 $ 22,000.00 $ 2,000.00 $ 22,000.00 $ 3,200.00 $ 35,200.00 $ 4,500.00 $ 49,500.00
BID ITEM TOTAL $ 190,280.00 $ 97,919.00 $ 99,679.45 $ 113,410.00 $ 133,133.00 $ 135,145.00 $ 217,900.00
PgIof1
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Sheesley, County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing,, please provide only new information
ITEM: Road Closure — Highland Road
County Road Project 1994- Culvert Replacement Project
EXECUTIVE SUMMARY: County Road Project 1994 on Highland Road is a culvert
replacement project that involves the removal and replacement of the existing
undersized culvert that is restricting flow under the major collector located in the
southwest part of the county.
The Contractor, Conway Construction is scheduled to begin the project on
July 8, 2019 and continue until approximately August 16, 2019, but may be delayed due
to weather conditions or construction delays. The project road closure will help
expedite the replacement and minimize the inconvenience to the traveling public.
Notice to residence in the area will be mailed out with information regarding where to
look for project updates and county notices (see attached).
RECOMMENDED ACTION: I recommend the Board of Mason County Commissioners
execute the Resolution to close Highland Road to perform culvert replacement work at
milepost 1.47 from Monday, July 8, 2019 and will reopen prior to Friday September 6,
2019.
ATTACHMENTS: Resolution
Flyer Notice
RESOLUTION NUMBER
COUNTY ROAD CLOSURE
HIGHLAND ROAD
NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Highland Road, County Road
No. 04450, shall be closed to all through traffic at approximate Milepost 1.47 starting on
Monday, June 8,2019 and reopening prior to Friday, September 6, 2019. Commuters should
become familiar with alternate routes and allow for extra travel time during the closure.
NOW THEREFORE,BE IT RESOLVED,the Board of County Commissioners has declared
the above described road closure a public necessity to facilitate the Highland Road Culvert
Replacement project.
THEREFORE, the County Engineer is hereby ordered and authorized to proceed as
prescribed by law.
ADOPTED this_day of , 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Kevin Shutty, Chair
ATTEST:
Sharon Trask, Vice Chair
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM:
Randy Neatherlin, Commissioner
Tim Whitehead, Chief Deputy
Prosecuting Attorney
cc: Commissioners
Engineer
JOURNAL: Publ. It.: 7/4/19(Bill Road Dept.)
POST: At Least three(3) days prior to closure.
Mason • unty Public Works
Highland Road Culvert Replacement Project
Highland Road
Road Closure - Starts
Conway Construction will begin the replacement of a deteriorated culvert on Highland Rd at MP
1.47 on Monday, July 8th. All traffic will be restricted from entering the work zone. This closure
will help expedite the replacement, minimizing the inconvenience to the traveling public. Please
become familiar with the alternate routes and allow for extra travel time to use them. We estimate
that the road will reopen to traffic around August 16th, but may be delayed due to weather condi-
tions or construction delays. If you have questions, please feel free to contact the Public Works
Department. Follow @masoncountywa on Facebook for project updates and County notices.
Shelton Matlock Rd
i
Road • on
I
Highland Rd . aFa
IVIP No accessr
through the work
zone. All traffic must
routes.use alternate
I
0
Mason •unty Public Works
i
11 W PublicWorks
Shelton, 98584
�a
•ne: 360-427-9670 x450
Cloquallum Rd • • • • • •
Go gle
'•••Fac@rnasoncountywa
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Sheesley, County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES:
ITEM: Culvert Replacement Projects:
County Road Project (CRP) 2022 — Uncle John's Creek Upper Culvert Replacement
Agate Loop Road
County Road Project (CRP) 2023 — Uncle John's Creek Lower Culvert Replacement
Agate Loop Road
County Road Project (CRP) 2024 — Dayton Creek Culvert Replacement
Highland Road
EXECUTIVE SUMMARY: County Road Projects 2022, 2023, and 2024 are culvert
replacement projects that will improve fish passage for salmon and increase safety for the
traveling public by reducing roadway flooding concerns. These projects are part of Priority
Number 3 'Programmatic Culvert Repair/Replacement" on the Six-Year Transportation
Improvement Program (TIP), and may be added as individual projects on next year's or a
future adopted TIP. Project information is as follows:
CRP Road/Project Estimated Cost Approx. Mileposts
2022 Agate Loop Road $500,000 MP 0.64
Uncle John's Creek Upper Culvert Replacement
2023 Agate Loop Road $3,000,000 MP 1.02
Uncle John's Creek Lower Culvert Replacement
2024 Highland Road $500,000 MP 0.33
Dayton Creek Culvert Replacement
BUDGET IMPACTS: The Applicant Resolution/Authorization forms are required to be
submitted by July 12, 2019 in order to receive the Brian Abbott Fish Barrier Removal Board
(FBRB) funding through the Watershed Pathway Grant Program in the amount of
$1,180,396. CRP 2022 and 2024 received design and construction funding and CRP 2023
received design funds only.
RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the
following for County Road Projects 2022-2024:
1. Resolutions for CRP 2022, Uncle John's Creek Upper Culvert Replacement, CRP 2023,
Uncle John's Creek Lower Culvert Replacement, and CRP 2024, Dayton Creek Culvert
Replacement.
2. Authorize the Chair to sign all pertinent documents and authorize the Public Works
County Engineer to advertise, set bid dates/times and award contract.
3. Authorize the County Engineer to sign the Applicant Resolution/Authorization forms
4. Authorize the County Engineer to Request for Qualifications as needed for consultant
services for these projects and enter into contracts.
Attachment: Resolutions
Applicant Resolution/Authorization forms
Project Vicinity Maps
MASON COUNTY
COMMISSIONERS RESOLUTION NO:
COUNTY ROAD PROJECT NO. 2022
WHEREAS,on Mason County Road No.23500 known locally as the Agate Loop Road—
Uncle John's Creek Upper Culvert Replacement and more specifically located in Sec. 11,14,T20N,
R3W,WM,at approximately mile post 0.64;work defined as"construction"in the BARS Manual,
Page II-63,et seq,is determined to be necessary and proper;and,
THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Removing the existing undersized culvert to improve fish passage and increase safety by
reducing roadway flooding concerns.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County.
(RCW 36.77.060 and/or RCW 26.77.065)
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper,and the estimated costs of said project are herewith set out as follows:
Engineering: 6$ 0,000
Right of Way $10,000
Construction $430,000
The County Road project herein described is HEREBY DECLARED to be a public
necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report
and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq.
ADOPTED this day of 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Kevin Shutty,Chair
ATTEST:
Sharon Trask,Vice Chair
Melissa Drewry,Clerk of the Board
Randy Neatherlin,Commissioner
APPROVED AS TO FORM:
Tim Whitehead,
Deputy Prosecuting Attorney
cc: Co.Commissioners
Engineer
JOURNAL: Publ.1t:
MASON COUNTY
COMMISSIONERS RESOLUTION NO:
COUNTY ROAD PROJECT NO. 2023
WHEREAS,on Mason County Road No.23500 known locally as the Agate Loop Road—
Uncle John's Creek Lower Culvert Replacement and more specifically located in Sec. 14,T20N,
R3W,WM,at approximately mile post 1.02;work defined as"construction"in the BARS Manual,
Page 11-63,et seq,is determined to be necessary and proper;and,
THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Removing the existing undersized culvert to improve fish passage and increase safety by
reducing roadway flooding concerns.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County.
(RCW 36.77.060 and/or RCW 26.77.065)
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper,and the estimated costs of said project are herewith set out as follows:
Engineering: $400,000
Right of Way2$ 0,000
Construction $2,580,000
The County Road project herein described is HEREBY DECLARED to be a public
necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report
and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq.
ADOPTED this day of 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Kevin Shutty,Chair
ATTEST:
Sharon Trask,Vice Chair
Melissa Drewry,Clerk of the Board
Randy Neatherlin,Commissioner
APPROVED AS TO FORM:
Tim Whitehead,
Deputy Prosecuting Attorney
cc: Co.Commissioners
Engineer
JOURNAL: Publ.1t:
MASON COUNTY
COMMISSIONERS RESOLUTION NO:
COUNTY ROAD PROJECT NO. 2024
WHEREAS,on Mason County Road No.04450 known locally as the Highland Road—
Davton Creek Culvert Replacement and more specifically located in Sec. 18,T20N,R4W,WM,at
approximately mile post 0.33;work defined as"construction'in the BARS Manual,Page II-63,et
seq,is determined to be necessary and proper;and,
THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Removing the existing undersized culvert to improve fish vassaee and increase safety by
reducing roadway floodine concerns.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County.
(RCW 36.77.060 and/or RCW 26.77.065)
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper,and the estimated costs of said project are herewith set out as follows:
Engineering: $60,000
Right of Way1$ 0,000
Construction $430,000
The County Road project herein described is HEREBY DECLARED to be a public
necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report
and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq.
ADOPTED this day of 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Kevin Shutty,Chair
ATTEST:
Sharon Trask,Vice Chair
Melissa Drewry,Clerk of the Board
Randy Neatherlin,Commissioner
APPROVED AS TO FORM:
Tim Whitehead,
Deputy Prosecuting Attorney
cc: Co.Commissioners
Engineer
JOURNAL: Publ.It:
Recreation and Conservation Office
Applicant Resolution/Authorization
Organization Name (sponsor): Mason County Public Works
Commissioners Resolution Number:
CRP 2022 Uncle John's Creek Upper Culvert Replacement
Project(s) Number(s), and Name(s): 19-1635 RST, Uncle John's Creek (Upper) Fish Barrier Correction
This resolution/authorization authorizes the person identified below(in section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to
the above Project(s)for which we seek grant funding assistance managed through the Recreation and
Conservation Office (Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the
Project(s) referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the Office
for the above "Project(s)."
2. The County Engineer is authorized to act as a representative/agent for our organization with full
authority to bind the organization regarding all matters related to the Project(s), including but not
limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a
project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of
our organization, (4) make any decisions and submissions required with respect to the Project(s),
and (5) designate a project contact(s) to implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and Conservation
Office's WEBSITE at: http://www.rco.wa.gov/documents/manuals&forms/SampleProaAgreement.pdf.
We understand and acknowledge that if offered a project agreement to sign in the future, it will
contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of
sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form
contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement prior
to execution and shall communicate any such revisions with the above authorized
representative/agent before execution
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on its
behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and
stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample
project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement
with the Office is purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the project agreement, the
characteristics of the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s), the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification, the waiver of sovereign immunity, and the legal
venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of
the project agreement(s), confer with our authorized representative/agent as to any revisions to the
project agreement from that of the sample project agreement. We also acknowledge and accept
that if our authorized representative/agent executes the project agreement(s)with any such
revisions, all terms and conditions of the executed project agreement (including but not limited to
the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s) referenced above.
9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make the indemnification, the
waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially
in form shown on the sample project agreement or as may be revised prior to execution legally
binding on our organization upon execution by our representative/agent.
10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will
pay us on only a reimbursement basis.We understand reimbursement basis means that we will only
request payment from the Office after we incur grant eligible and allowable costs and pay them.
The Office may also determine an amount of retainage and hold that amount until the Project is
complete.
11. Our organization acknowledges that any property owned by our organization that is developed,
renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the
grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per
the project agreement or an amendment thereto.
12. This resolution/authorization is deemed to be part of the formal grant application to the Office.
13. Our organization warrants and certifies, after conferring with its legal counsel, that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to
commit our organization to the warranties, certifications, promises and obligations set forth herein.
This application authorization was adopted by our organization during the meeting held:
Location: Mason County, WA
Date:
Signed and approved on behalf of the resolving body of the organization by the following authorized
member(s):
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
Prosecuting Attorney MASON COUNTY, WASHINGTON
Date Chairperson Date
Washington State Attorney General's Office
Approved as to form 1/19/18
Assistant Attorney General Date
Recreation and Conservation Office
Applicant Resolution/Authorization
Organization Name (sponsor): Mason County Public Works
Commissioners Resolution Number:
CRP 2023 Uncle John's Creek Lower Culvert Replacement
Project(s) Number(s), and Name(s): 19-1634 PLN, Uncle John's Creek(Lower) Fish Barrier Correction
This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to
the above Project(s) for which we seek grant funding assistance managed through the Recreation and
Conservation Office (Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the
Project(s) referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the Office
for the above "Project(s)."
2. The County Engineer is authorized to act as a representative/agent for our organization with full
authority to bind the organization regarding all matters related to the Project(s), including but not
limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a
project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of
our organization, (4) make any decisions and submissions required with respect to the Project(s),
and (5) designate a project contact(s)to implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and Conservation
Office's WEBSITE at: http://www.rco.wa.gov/documents/manuals&forms/Saml2leProjAgreement.pdf.
We understand and acknowledge that if offered a project agreement to sign in the future, it will
contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of
sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form
contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement prior
to execution and shall communicate any such revisions with the above authorized
representative/agent before execution
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on its
behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and
stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample
project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement
with the Office is purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the project agreement, the
characteristics of the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s), the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification, the waiver of sovereign immunity, and the legal
venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of
the project agreement(s), confer with our authorized representative/agent as to any revisions to the
project agreement from that of the sample project agreement. We also acknowledge and accept
that if our authorized representative/agent executes the project agreement(s) with any such
revisions, all terms and conditions of the executed project agreement (including but not limited to
the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s) referenced above.
9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make the indemnification, the
waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially
in form shown on the sample project agreement or as may be revised prior to execution legally
binding on our organization upon execution by our representative/agent.
10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will
pay us on only a reimbursement basis.We understand reimbursement basis means that we will only
request payment from the Office after we incur grant eligible and allowable costs and pay them.
The Office may also determine an amount of retainage and hold that amount until the Project is
complete.
11. Our organization acknowledges that any property owned by our organization that is developed,
renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the
grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per
the project agreement or an amendment thereto.
12. This resolution/authorization is deemed to be part of the formal grant application to the Office.
13. Our organization warrants and certifies, after conferring with its legal counsel, that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to
commit our organization to the warranties, certifications, promises and obligations set forth herein.
This application authorization was adopted by our organization during the meeting held:
Location: Mason County, WA
Date:
Signed and approved on behalf of the resolving body of the organization by the following authorized
member(s):
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Prosecuting Attorney
Date Chairperson Date
Washington State Attorney General's Office
W4eeApproved as to form �..�-,.-.- •'" 1119/18
Assistant Attorney General Date
Recreation and Conservation Office
Applicant Resolution/Authorization
Organization Name (sponsor): Mason County Public Works
Commissioners Resolution Number:
CRP 2024 Dayton Creek Culvert Replacement
Project(s) Number(s), and Name(s): 19-1633 RST, Dayton Cr.— Highland Rd Culvert Replacement
This resolution/authorization authorizes the person identified below (in section 2)to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to
the above Project(s)for which we seek grant funding assistance managed through the Recreation and
Conservation Office (Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the
Project(s) referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the Office
for the above "Project(s)."
2. The County Engineer is authorized to act as a representative/agent for our organization with full
authority to bind the organization regarding all matters related to the Project(s), including but not
limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a
project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of
our organization, (4) make any decisions and submissions required with respect to the Project(s),
and (5) designate a project contact(s) to implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and Conservation
Office's WEBSITE at: http://www.rco.wa.ciov/documents/manuals&forms/SampleProjAgreement.pdf.
We understand and acknowledge that if offered a project agreement to sign in the future, it will
contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of
sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form
contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement prior
to execution and shall communicate any such revisions with the above authorized
representative/agent before execution
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on its
behalf, that includes indemnification, waiver of sovereign immunity(as may apply to Tribes), and
stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample
project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement
with the Office is purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the project agreement, the
characteristics of the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s), the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification, the waiver of sovereign immunity, and the legal
venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of
the project agreement(s), confer with our authorized representative/agent as to any revisions to the
project agreement from that of the sample project agreement. We also acknowledge and accept
that if our authorized representative/agent executes the project agreement(s) with any such
revisions, all terms and conditions of the executed project agreement(including but not limited to
the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s) referenced above.
9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make the indemnification, the
waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially
in form shown on the sample project agreement or as may be revised prior to execution legally
binding on our organization upon execution by our representative/agent.
10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will
pay us on only a reimbursement basis. We understand reimbursement basis means that we will only
request payment from the Office after we incur grant eligible and allowable costs and pay them.
The Office may also determine an amount of retainage and hold that amount until the Project is
complete.
11. Our organization acknowledges that any property owned by our organization that is developed,
renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the
grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per
the project agreement or an amendment thereto.
12. This resolution/authorization is deemed to be part of the formal grant application to the Office.
13. Our organization warrants and certifies, after conferring with its legal counsel, that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to
commit our organization to the warranties, certifications, promises and obligations set forth herein.
This application authorization was adopted by our organization during the meeting held:
Location: Mason County, WA
Date:
Signed and approved on behalf of the resolving body of the organization by the following authorized
member(s):
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
Prosecuting Attorney MASON COUNTY, WASHINGTON
Date Chairperson Date
Washington State Attomey General's Office
Approved as to form .�.._ 1!19/18
Assistant Attorney Genera( Date
Goldsborough Watershed
Uncle Johns Creek - Agate Loop Rd. (MP 0.64 and MP 1 .02)
FBRB Watershed Pathway Grant Program 2019-2021
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Mason County Public Works Department 6/29/2018
Goldsborough Watershed
Dayton Creek - Highland Road (MP 0.33)
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Loretta Swanson, Director and Gordon Wilson, FCS Group
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: June 24, 2019
PREVIOUS BRIEFING DATES: April 16, 2018
If this is a follow-up briefing, please provide only new information
ITEM: Belfair Sewer - Updated Financial Plan
Background
FCS Group has prepared a technical memo documenting an updated financial plan for the Belfair
Sewer System with the overall objective of improving financial health. This has been a collaborative
effort with the City of Bremerton and to a lesser degree,the Port of Bremerton,to investigate
potential mutual Belfair sewer service benefits.
Additionally, a legislative request to improve the Belfair Sewer System financial status was fulfilled
with the following appropriations during the last session:
■ $11 million through the Public Works Board for constructing a sewer extension to the Lake
Flora vicinity($2 million grant/$9 million loan).
■ $0.515 re-appropriation through Commerce for the sewer extension design.
■ $1.5 million through Commerce for Belfair wastewater system rate relief.
The Public Works Board loan application process is now open and applications are due by July 12,
2019.
The purpose for this briefing is to present the summary of FCS Group observations, review financial
scenarios, and identify any outstanding items. A follow-up briefing is planned for July 1, 2019.
Recommended Action:
Request the Board identify any outstanding questions or information needed to help determine
whether to incur additional debt service.