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HomeMy WebLinkAbout2019/08/13 - Regular Packet Aug. 13.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 August 13, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release: Overdose Awareness Month 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — August 5, 2019 Briefing Minutes; July 16, and August 6, 2019 Regular meeting minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1-Approval of the resolutions to split the Mason County Sheriff's Office (MCSO) 88.02.650. 8.2 Approval of the Overtime Contract between the MCSO and Lake Trask Timbertrails Association for security work during the Labor Day weekend. 8.3 Approval of contract amendments between Mason County Community Services and the following subcontractors: • Crossroads Housing-Contract # CH:2019-2021.4 • Community Lifeline-Contract #CL:2019-2021.3 • Community Action Council-Contract #CAC:2019-2021.1 • North Mason Resources- Contract NMR:2019-2021.1 • Shelton Family Center- Contract SFC:2019-2021.1 • Turning Pointe- Contract TPSA:2019-2021.1 8.4 Approval to adopt a resolution of Intent and Ordinance authorizing a sales and use tax for affordable housing under House Bill 1406. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 08/12/19 1:19 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA August 13, 2018— PAGE 2 8.5 Approval of the Ordinance creating Mason County Lake Management District No. 3 for Spencer Lake and set a public hearing on Tuesday, September 17, 2019 at 9:15 a.m. to hear objections to the roll of rates and charges. 8.6 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066063-8066335 $ 563,144.13 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for July 2019 $ 1,230,885.31 8.7 Approval of the amendment to contract #K229-32 between Mason County Public Health and Cascade Pacific Action Alliance to maintain an Opioid Mobile Outreach Pilot program. This amendment provides an increase of $103,040.00 for 2019 and 2020. 8.8 Approval of agreement #SWMLSWFA-2019-MaCoPH-00070 between the Washington State Department of Ecology and Mason County to enforce solid waste codes and monitor solid waste facilities for compliance. 8.9 Approval to set a hearing on Tuesday, August 27, 2019 at 6:15 p.m. to sell the following parcels: 32021-56-01013, 160 E. Panorama Drive and 32021-56- 01019, 240 E. Panorama Drive. 8.10 Approval to transfer $47,000 from salary expense to operating expense within the Assessor's Office. 8.11 Approval of the contract with KMB Architects for Architectural and Engineering services for the Mason County/Gray's Harbor County Criminal Justice Study Project. 8.12 Approval to have the Board execute the resolution for County Road Project (CRP)2025, Mason County Overlay project on EJohns Prairie Road and authorize the Chair to sign all pertinent documents and approval to allow Public Works to advertise, set bid opening date/time and award contract. Contract award will be announced during a regular meeting of the Board. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider the sale of parcels 32021-56-02003 & 32021-56- 02004, located on E. Panorama Drive to Maureen Barta in the amount of $11,000. Staff: Frank Pinter 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-08-13 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: August 13, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Port of Grapeview sent letter concerning Mason Lake. 4.1.2 Steve Gilmore from Republic Services sent in a letter regarding Improving Transfer Station Safety-Flow Control. 4.1.3 Washington State Liquor and Cannabis board sent a liquor application for Harstine Island Women's Club held at Harstine Island Community Hall 3371 E. Harstine Island Road North, Shelton. 4.1.4 An anonymous letter regarding state sales tax was sent in. Attachments: Originals on file with the Clerk of the Board. 7z- `�L/ (J�j cc: CMMRS Neatherlin, Shutty &Trask Clerk PORT OF GRAPEVIEW PFCENED P.O. Box 3 6rapeview, WA 98546 www.portofgropeview.com AUG 2 2019 425-610-6552 Mason County Commissioners July 30, 2019 To the board of Mason County Board of Commissioners; We as a board,are writing this letter to you as it concerns Mason Lake,which lies within our port district. We have had several citizens of Mason Lake come to our monthly meetings expressing their frustrations over the boating safety on the lake. The public boat launch lies within your district as well,so we thought you would be interested in the continued safety issues on the lake each summer.Back in June one of our commissioners,Jean Farmer,worked with Jim Madden with the Mason Lake Water Safety Committee.Mr. Madden and Jean observed for over an hour boats being launched and proceeding through the channel to the main body of the lake in Mr.Madden's boat.Commissioner Farmer was able to observe several unsafe boating practices from the boat launch to the body of the lake.Many specific ordinances are being broken repeatedly based on the physical geometry of the channel. Such as 9.04.130,9.04.135 (3)and 9.04.070.These codes call out multiple conditions that make it 6 mph limit,no skiing allowed,and negligent operation for conditions respectively.The problem was very clear to see.People driving their boats in the channel portion have no rules.The signage at the boat launch is out of date and clearly does not say anything about a"no wake zone".There are no"no wake"buoy's in proper place at the start of the channel at the boat launch end,and there are no buoys at the start of the channel on the lake end.There are a few buoys placed by people's property they placed themselves,to protect their property. There should be new signage,as well as 4"no wake"buoys placed in the water by the county.It clearly needs to say at the boat launch that the channel portion of the lake is a"no wake"zone. We feel this could help communicate the safety issues on this lake.This being done,as well as some communication with our local paper as well as some internet communication should help to get the word out. As you know, not having a wake zone is not only a safety issue to people in the water but is also an issue with people who own property on the water,as it destroys their property and the value. The Port of Grapeview as well as the Mason Lake Water Safety Committee ask that you investigate this and act responsibly. We all feel this is an important safety issue that must be addressed and is easily solved also. Perhaps one of you would like to observe the lake and safety at the boat launch.We suggest going down to the dock on a sunny Saturday weekend. I'm sure you will see exactly what we are talking about. Thank you for assistance! The PQrt of Grapeview Commission Mason Lake Water Safety Committee V Email- portofgrapeview@g ail.com `��— Specific ordinances that are being violated in the channel are: Mason County Code 9.04.130 6 mph within 300 ft of boat launch (Speed limits vs distances to objects, swimmers 6 mph within 150 ft of shoreline and shore) 6 mph within 150 ft of unpowered vessels 6 mph within 100 ft of structures or swimmers Mason County Code 9.04.135.(3) Vessel and skier must remain 150 ft from shorelines, piers (Water Skiing) or restricted areas Operating a vessel in disregard of careful and prudent Mason County Code 9.04.070 operation or disregard of:.... (Negligent Operation) (Speed, wake, traffic, size of body of water) so as to unduly or unreasonably endanger... (life, limb, property or other persons rights) The homeowners concern: Boat and Jet-Ski (PWC) operators simply don't know the physical geometry of the channel and how it relates to the Mason County Boating Ordinances. Furthermore, the ordinances are not being enforced. The channel at the north end of Mason Lake is heavily used, narrow (only 280 ft across) and is very shallow. The channel connects the only public boat launch on the lake with the main body of the lake so there is a very high number of transiting power vessels. The narrow channel is also used extensively by non-motorized water craft, paddle boarders, swimmers, etc. as well as all the power vessels making it unsafe when boats/PWCs operate at high speed. It is a fact that because of the physical geometry of the channel (only 280ft across), high density usage and dock configurations along the channel, that operating a boat or PWC at speeds greater than 6 mph would be a violation of least one or more ordinances listed in the table above and would likely always violate Mason County Code 9.04.070 (Negligent Operation). Unsafe Boat/PWC operation at high speeds (including skiers) is common violation in the channel. The high speeds/wakes in the channel are also causing shoreline erosion and other property damage. Fw: Improving Transfer Station Safety- Flow Control Page 1 of 2 cc: CMMRS Neatherlin, Shutty &Trask Clerk From: Gilmore, Steven <SGilmore@republicservices.com> Sent: Monday,July 29, 2019 4:17 PM RE rE_,` ,,, �1E]11 "'�' To: Randy Neatherlin; Kevin Shutty; Sharon Trask Cc: Loretta Swanson AUG 02 2019 Subject: Improving Transfer Station Safety- Flow Control Mason County Dear Commissioners, Commissionors A few months ago I read a letter submitted to the board by Rik Fredrickson regarding safety at the County's transfer station. I agree with him that improvements need to happen including the Household Hazard Waste building, and a new public tipping area. Keeping the public away from the commercial trucks is very important from a safety standpoint and the building that is currently used for HHW is not acceptable. The county spent some money on improvements to the transfer station last year which was the first investment on capital needs there in some time. The facility improved dramatically with these projects, however more investment by the county is needed. The county funds its entire system with tipping fees (not tax dollars),which are the fees that private-haulers, self-haulers, and the residentsibusinesses pays the county on a per ton basis at its transfer station/drop boxes. With the solid waste fund the county pays for staff salaries, waste reduction education, household hazardous waste, the transfer station, drop boxes,building maintenance, and various other solid waste programs. Many of these programs are required by the Department of Ecology, and need to be funded with these fees. There are some other sources of revenue available such as loans and bonds that could be used for capital projects; however the county would need to pay those back. Mason County is losing substantial revenue from its solid waste system because of leakage to Kitsap County. Mason County Garbage currently has all of their route trucks near Belfair using the Kitsap County system. Last year the county lost 4,371 tons and this year the county is on track with current trends to lose 4,800 tons. If the 4,800 ton trend continues through the end of the year the county will lose over$200,000 for 2019,which equates to $42.57 per ton of profit (current county tip fee of$99.55 minus the transportation/disposal cost of$56.98=equals a profit of$42.57 per ton). I spoke with Zach Foster regarding this volume coming to the transfer station and he was confident that they could handle the increased volume without the need to hire additional staff. This $200,000 would drop directly to the bottom line of your utility, which should be used to improve safety at the transfer station and with illegal dump sites continuing to be a problem around the county some of these dollars could also be used to clean up some of the more problematic sites. Mason County should develop an interlocal agreement with Kitsap County to flow control this municipal solid waste back to your system. This issue could possibly be resolved as easily as sending a letter to their board asking them to no longer allow Mason County Garbage to use their transfer station. Mason County Garbage would have to adjust routes, and go to the Washington Utilities and Transportation Commission for a tariff adjustment for the entire county; however the long-term benefits to the system far outweigh any short-term issues. Any changes should not happen until after Labor Day, which is the end of the busy season for your utility since many of your seasonal residents are no longer using vacation homes and tourism starts to slow. https:Howa.co.mason.wa.us/owa/ 8/2/2019 Fw: Improving Transfer Station Safety- Flow Control Page 2 of 2 Over the next 5 years, once this volume is redirected back to your transfer station, most of the significant safety and environmental improvements to the transfer station and drop boxes in Union, Belfair and Hoodsport that have been recommended by county consultants could be completed without raising your rates and taking on unnecessary debt. This is not only a huge win for your ratepayers across the county, but will dramatically improve the safety of everyone who uses your solid waste system. Please let me know if you have any questions regarding this topic. Steve Gilmore Municipal Relationship Manager Washington Post Collection 4160 6th Avenue SE, Suite 204 Lacey, WA 98503 e sgilmore@republicservices.com o 206-332-7723 c 425-628-3144 f 206-764-1234 w www.republicservices.com R REPUBLIC SERVICES We'll handle it from here.` https:Howa.co.mason.wa.us/owa/ 8/2/2019 cc: CMMRS Neatherlin, Shutty &Trask Clerk CYai( r3- WASHINGTON WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 EMAIL SPECIALOCCASIONS@LCB.WA.GOV FAX 360-753-2710 TO: MASON COUNTY COMMISSIONERS AUGUST 2ND 2019 �C SPECIAL OCCASION #: 097450 HARSTINE ISLAND WOMEN'S CLUB AUG 05 2019 3371 E HARSTINE ISLAND RD N Mason C�Un SHELTON WA 98584 ty Commissioners DATE: AUGUST 30TH 2019 TIME: 4 :30 PM TO 7:30 PM PLACE: HARSTINE ISLAND COMMUNITY HALL - 3371 E HARSTINE ISLAND RD N, SHELTON CONTACT: SHARON C BENSON (DOB 10.24.39) 360-868-7214 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE i Z, cc: CMMRS Neatherlin, Shutty &Trask Clerk r i RECEIVED AUG 0 7 2019 Mason County ' L v Commissioners SAA : t f ,gyp DATABANKUSACobined state How High Are Sales Taxes? tax rates as of Jan.and local l ® 5.5 H 6.2 N 0.0 NH❑0.0 0.0 MA 6.3 5.4 6.0 � 6.4 5.4 RI a 1.0 6.3 CT 6.4 b NJ W 6.6 ® DE F10.0 6.4 5.1 MD 6.0 60 DC 6.0 KEY ❑ NOSALESTAX 0.1%t06.5% M 6.6%to8% 1.4 c8.1% SOURCE:TAX FOUNDATION. BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 5,2019 Monday,August 5,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance • Frank began with a detailed list of needs for the Building 10 renovations.He talked about needs today versus the projected needs of the building in 2025.Frank then showed draft layouts from the architect.Judge Steele spoke of the need for staff, including judges and attorneys to be able to access courtrooms without going through areas of the public.He said the current courtroom does not allow this which is problematic when it comes to confidentiality between clients and attorneys. Discussion was had between the Board and Judge Steele about the necessary changes needed to make a functional courthouse in this building.Frank said this was a very preliminary discussion and will be brining this forward next week with more information. • KMB Architects agreements for the Mason County and Grays Harbor County Criminal Justice Study project.Frank noted that the contract refers to the Mason County Jail Expansion,but should instead refer to the Mason County Jail.He said this language will be corrected and asked to place it on the agenda August 13'. • Frank announced three surplus parcels that received offers: o 240 E.Panorama(32021-56-01019)—$4000 offer approved. 0 160 E.Panorama(32021-56-01013)-$5000 offer approved o 661 E.Lakeshore Dr.E,(22017-52-00087)Discussion was had on 661 Lakeshore Drive,E.Cmmr. Shutty asked to counter the original offer($5,000) for$6250. • Dawn added a personnel policy update and said she would be bringing it back next week with supporting documents and spoke about compensation for employee apparel. • Shared leave program—Washington Paid Medical Leave Act will be in place as of January,2020.It was suggested to remove this program from the personnel policy. • Frank handed out a copy of an interlocal agreement between the City of Shelton and Mason County for review as written by the City.He noted that another copy will be received by the Economic Development Council and they can then create a counter document. 9:45 A.M. Assessor—Patti McLean Commissioners Shutty,Trask and Neatherlin were in attendance • Tom Gibbons spoke about the need for tablets out in the field and spoke to all of the benefits such as quality control,less time in the office,and faster submission of information to the systems.If they signed up,service would be available by December with a 60%deposit to begin.Cmmr. Shutty said he would like to move forward with this on the action agenda. • Fleet vehicles-Cmmr.Neatherlin said the County is looking at a lease program for the Assessor's office as well as Community Services.He asked that the Assessor's office wait to purchase a vehicle. • Two-way radios-The office would like to purchase radios from Whisler Communications in Olympia for vehicles due to poor cell service in many areas of the county.Because they are looking at other options for fleet services,they were asked to wait. 9:45 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance • Dave had Cmmr.Shutty sign a letter in regards to WRIA 14,22&23. • Lydia Buchheit said that the Local Document Recording Fees received two proposals which she would like to move forward with awarding.$190,000 to Quixote Communities and$50,000 to the Housing Authority.Cmmr.Neatherlin and Shutty voiced concern with the little information about Quixote Communities and the amount of money they have awarded them.They asked to move forward with the award of$50,000 to the Housing Authority,and asked for more information from Quixote Communities before awarding them their funds. • Subcontracts-Lydia spoke to the difficulty of getting agencies to meet their deliverable deadlines. She asked the Board to approve a letter that will go out to agencies two weeks or more past their deadlines.The board approved the letter and asked to be briefed as issues arise. • Local Document recording Fees—2163 Housing&Homeless Funds Lydia said there have been changes in the contracts and individual meetings with agencies were had beforehand to make sure they would be on board. • House bill 1406-Todd asked to approve a resolution of intent and ordinance by September 1,2019 to collect funds beginning October 1,2019.Cmmr. Shutty asked to include language recognizing the Interlocal agreement with the City of Shelton in the resolution. • Alex Paysse spoke to the contract for solid waste which has a 25%match requirement that is provided by tipping fees.The Board approved moving forward. • Water quality program staffing-Alex spoke to the need for additional staff with the program,especially in fall.Cmmr. Shutty said he would like to meet with budget staff before moving forward. • Lake Isabella-staff is working with local residents to isolate and clean the sewage in order to reopen the swimming beach. • Josh Luck and Dave Windom talked about 2019 permit numbers and SmartGov. Dave noted that they have all of the software they need at this time,and that SmartGov isn't quite where it needs to be for full use.He then discussed the possible ways to streamline permits,such as putting a time limit on certain permits which would allow the applicant to move forward after a certain number of days.Dave said he would come back after more discussion with staff. • It was noted that at this time,no applications have been received for the Building Plans Examiner.He will be speaking with HR and the Union to possibly change this listing. 10:30 A.M. BREAK 10:58 A.M. Public Defense—Peter Jones Commissioners Shutty,Trask and Neatherlin were in attendance • Peter said that it has been 12 weeks since Pat Lewis left on FMLA leave and he has been let go.Peter asked to fill the position which was approved by the board.He noted that there is a deputy he would like to move up to Pat Lewis'position.Dawn Twiddy suggested posting both positions to be filled as quickly as possible. 10:45 A.M. Sheriff's Office—Sheryl Hilt Commissioners Shutty,Trask and Neatherlin were in attendance • Sheryl spoke to the Sheriffs Office special program funds.Per RCW 88.03.650, these funds are supposed to be split and Mason County currently has them in one fund,meaning the County is in violation. She suggested moving forward to split Fund 140 into four funds:Boating,Narcotics Investigations and Felony Forfeiture, Prisoner Welfare,and General Donations. Cmmr.Neatherlin said the Audit Committee was in support of this split and thanked Sheryl for her research. • Lake Trask-Chief Dracobly asked to approve the contract for security at Lake Trask. The Board approved placing the contract on the August 131 agenda. 11:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance • CRP 2025-John's Prairie Road Hot Mix Asphalt Overlay Project-Diane Sheesley noted that they have funds for an urban project and choose the area where John's Prairie meets Highway 3. • Skokomish River Basin-Loretta said they are at 65%design review,and have had several meetings with the design team.She handed out a schedule of projects for this job with estimated completion dates.Loretta noted that the purchase of parcels valued between$10,000425,000 can be given administrative offers to speed up the process. • Highland Road update—the agreement needs to be signed by the Chair and Diane had received the go-ahead from Green Diamond to use their access. She said mail delivery will begin either today or tomorrow once the agreement is signed. • Belfair Sewer Extension-Loretta handed out a list of work to date and said that the needs of the sewer besides just the extension will be reviewed and she should have more information about this in mid-September. 11:30 A.M. Closed Session RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met with Frank Pinter in closed session for a labor discussion from 11:35 a.m.to 12:00 p.m. The meeting adjourned at 12:00 p.m.with no further action. Respectfully submitted, Melissa Drewry,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North Stn Street, Shelton, WA July 16, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m. 2. Pledge of Allegiance —Ken VanBuskirk led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence- None to report. 4.2 News Release- Public Safety Sales Tax Proposition Staff: Frank Pinter 5. Open Forum for Citizen Input— 5.1 Tom Davis spoke about treatment alternatives versus incarceration. 5.2 Ken VanBuskirk talked about a letter received by Cemetery District #1 regarding tax funds. He said after speaking with the Assessor's office, he found out that the Cemetery District should have been receiving funds for over 20 years. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes—July 2, and July 9, 2019 Regular Meeting Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the July 2 and July 9, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 60263-60653 $ 668,817.76 Salary Clearing Fund Warrant #s 7004533-7004570 $ 942,878.21 8.2 Approval to appoint Russell Sackett to fill a vacant position on this Historic Preservation Commission expiring November 30, 2019 as well as a new 3-year term ending November, 2022. 8.3 Approval to set a hearing on Tuesday, August 6, 2019 at 9:15 a.m. to sell Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma, in the amount of$5,000. 8.4 Approval of a Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant. 8.5 Approval of the Juvenile Detention Alternatives Initiative Grant Application for 2019- 2021 in the amount of $24,500 per year. 8.6 Approval of a resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects to replace those found in resolution 20- 19. 8.7 Approval of a letter of no objection for a Special Occasion Liquor License Application for the Allyn Community Association for Allyn's 130th Birthday Celebration being held on August 4, 2019 at the Allyn Waterfront Park. Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.7. Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 16, 2019 - PAGE 2 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public hearing to consider adoption of the Public Benefit Rating System (PBRS) in place of the current Open Space program. (A request will be made to continue the hearing to October 1, 2019 at 9:15 a.m.) Staff: Kell Rowen Kell said she's been working with the Assessor's office, who is doing an audit of various parcels currently within the Open Space Program. She said those results will be brought forward at the October 1, 2019 meeting. Tom Davis asked when the Assessor's office knew they wouldn't make the deadline for today's hearing. Kell said it took some time because letters went out to owners letting them know about the audit and give them time to respond. An unknown female questioned the difference between the two programs. Kell gave a brief explanation of how PBRS would differ. Tom Davis spoke about how this decision has been discussed for over a year. He noted various meetings in which this topic was addressed and suggested the Board make a decision in the next two weeks instead of waiting until October. Ken VanBuskirk said the PBRS decision has actually been a discussion for over two years with the Planning Advisory Commission portion. He also suggested the Board make a decision instead of waiting until October. Cmmr. Neatherlin said he is in favor of the continuance because though there is a small number of people against the adoption of PBRS, there are some in favor, and he wants everyone to have a chance to testify or be part of the audit to see how they would be affected. Cmmr. Shutty said that the testimony they will receive in October would be considered because everyone deserves their chance to speak. He chastised those who are complaining that this program is taking too long to adopt. Cmmr. Shutty spoke in favor of the audits being done by the Assessor's office. Cmmr. Trask said she appreciates the Assessor's audits because as an incoming commissioner, she needs to be informed before making a decision. Cmmr. Neatherlin/Trask moved and seconded to approve tabling the Public hearing to consider adoption of the Public Benefit Rating System (PBRS) in place of the current Open Space program to October 1, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:35 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 16, 2019 - PAGE 3 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA August 6, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance —Tom Davis led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis board sent liquor applications for Allyn Community Association 18560 SR3, Allyn; Bulldog Boosters for an event at Lakeland Village Golf&Country Club 200 East Old Ranch Road, Allyn; and Long Live the Kings being held at Alderbrook Resort and Spa 10 East Alderbrook Drive, Union. 4.1.2 Washington State Liquor and Cannabis board sent Notification of Pending Marijuana Extraction Operation. 4.1.3 Washington Department of Natural Resources sent a County Income Report Explanation of Tables July 2019. 4.1.4 United States Department of the Interior Bureau of Indian Affairs sent notice of determination of application by the Skokomish Indian Tribe to acquire, in trust, a 4.98 acre tract on the Skokomish Indian Reservation. 4.1.5 United States Department of the Interior Bureau of Indian Affairs also sent an amended notice of determination of application by the Skokomish Indian Tribe to acquire in trust 4.98 acre tract on the Skokomish Indian Reservation. 4.1.6 Mason Conservation District submitted a Mason County Voluntary Stewardship Program report. 4.2 Highland Road project update Staff: Diane Sheesley 4.3 News Release- 2019 United Way Day of Caring Free Dump Day Staff: Loretta Swanson 5. Open Forum for Citizen Input— 5.1 Tom Davis spoke about the Highland Road closure and praised the help received from Diane Sheesley in getting mail delivery during construction. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes—July 22, and July 29, 2019 Briefing minutes; July 23, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Trask moved and seconded to adopt the July 22, and July 29, 2019 Briefing minutes and July 23, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to sign a resolution adopting the Financial Reserve and Contingency Policy, replacing Resolution No. 58-17. (Ex.A- Res. 72-19) 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065796-8066062 $ 916,464.73 Direct Deposit Fund Warrant #s 60654-61045 $ 740,799.54 Salary Clearing Fund Warrant #s 7004571-7004598 $ 525,431.19 BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS August 6, 2019 - PAGE 2 8.3 Approval to execute the Resolution to close Deegan Road to perform culvert replacement work at milepost 2.35 beginning Monday, August 19, 2019 and reopening prior to September 30, 2019. (Ex. B—Res. 70-19) 8.4 Approval of the Interlocal Agreement with the Skokomish Indian Tribe authorizing services provided by the Public Works Department for vehicle, road or site maintenance, engineering, survey, GIS, emergency assistance, sign fabrication, fueling and materials supply. 8.5 Approval to rescind the Interlocal Agreement between the City of Bremerton and Mason County entered into January 29, 2018 and approval to authorize the Chair to execute the updated Interlocal Agreement between Mason County, Port of Bremerton, and City of Bremerton related to participation in executive and technical committees providing project design oversight to the Puget Sound Industrial Center (PSIC) to Belfair Sewer Connection project. 8.6 Approval of the following in regards to the Skokomish Project Partnership Agreement: 1. Approval to have the Chair sign the Certification regarding Lobbying 2. Approval to have the Prosecutor sign the Certificate of Authority 3. Approval to have the Support Services Director sign the Self-Certification of Financial Capability 8.7 Approval to set a hearing on Tuesday, August 27, 2019 at 6:15 p.m. to consider two rezone requests for adjacent parcels in the Taylor Town Rural Activity Center (RAC). 8.8 Approval to change BARS line 514.24.510100 from Chief Appraiser (non-represented) to Appraiser Analyst (Teamsters) as per the 2019 contract. Also, approval to pay Tom Gibbons for an out of class analyst position for two to three months. 8.9 Approval to set a hearing on Tuesday, August 20, 2019 at 9:15 a.m. to consider revisions to Mason County Code Chapter 2.51, Special Event Camping Policy for Foothills Park, Truman Glick Park and Walker Park as well as revisions to Chapter 9.44, County Owned Real Property, including parks and property held in trust. 8.10 Approval of contract #K2827 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for a project to control invasive knotweed within the riparian corridors of Mason County. This contract is good from July 1, 2019 to June 30, 2021. 8.11 Approval of Consolidated Contract #CLH18253, Amendment 9 between The Washington State Department of Health and Mason County Health. Tom Davis requested to pull item 8.1 for discussion. Cmmr. moved and seconded to approve action items 8.1 through 8.11 with the exception of item 8.1. Motion carried unanimously. N-aye; S-aye; T-aye. 8.1 Jennifer Beierle said that the changes are to ensure that the County has enough operating reserves in place. Tom questioned how moving this money would impact the general fund and how it would impact services, to which Jennifer explained the intent of this update is to make sure those funds are available and noted that there would not be any impact to services. Cmmr. Neatherl in/Trask moved and seconded to sign a resolution adopting the Financial Reserve and Contingency Policy, replacing Resolution No. 58-17. Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS August 6, 2019 - PAGE 3 9. Other Business (Department Heads and Elected Officials)- 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider the sale of parcel 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of$5,000. Staff: Frank Pinter Frank briefed the history of the parcel, noting that it is Tax Title and can be sold by direct negotiation. Cheryl Williams asked if a map could be printed in the future so the public could see the location of the parcel. Cmmr. Neatherlin/Trask moved and seconded the sale of parcel 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of$5,000. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex. C—Res. 71-19) 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X_ Public Hearing Other DEPARTMENT: Mason County Sheriff's Office EXT: _636 COMMISSION MEETING DATE: August 13, 2019 Agenda Item # Z Commissioner staff to complete) BRIEFING DATE: August 5, 2019 BRIEFING PRESENTED BY: Sheryl Hilt [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Review resolutions to split the MCSO Special Fund 140 into four separate and distinct funds. BACKGROUND: RCW 88.02.650 addresses county boating programs and specifically states the boating program funds shall be deposited to a special account, separate from other funds. Over the years several other funds were created to have a place to deposit donations to the MCSO for specific programs. These funds were combined in 2010 under Resolution 104-10 under Fund 140, the previously designated Boating Fund. This request is to split Fund 140 into four separate funds; Boating, Narcotics Investigations and Felony Forfeiture, Prisoner Welfare, and General Donations. This split will bring the MCSO and Mason County back into compliance with the law and allow us to better account for the funds received. RECOMMENDED ACTION: Approve the attached resolutions to create the new funds and delete an unused fund for perishable property. Approval of the resolutions should also clean up outdated and obsolete ordinances. BUDGET IMPACTS: None ATTACHMENT(S): Boating Program Fund Resolution C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\IE\RNV3GD32\Commission Agenda Item Summary.docx Narcotics Investigation and Felony Forfeiture Program Fund Resolution Prisoner Welfare Program Fund Resolution General Donation Program Fund Resolution Resolution to dissolve the Perishable Property Trust Fund Resolutions 1185, 132-85, 3-86, 104-10, 109-92 Ordinances 3.52 and 3.68 C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\IE\RNV3GD32\Commission Agenda Item Summary.docx Resolution No. Creation of a new Budgetary Accounting Fund for the Sheriffs Boating Program WHEREAS, RCW 36.32.120 (5) states that the Board of County Commissioners have responsibility to "Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit" and; WHEREAS, RCW 88.02.650 authorizes the Washington State Department of Licensing to allocate revenue from vessel registration fees to Mason County to finance the Sheriff's Boating Safety Program and further designates, "Jurisdictions receiving funds under this section shall deposit the funds into an account dedicated solely for supporting the jurisdiction's boating safety programs. These funds may not replace existing local funds used for boating safety programs." and; WHEREAS, there are other funds available in the form of grants available to Mason county and the Mason County Sheriffs Office; and WHEREAS, the Mason County Sheriff requested an accounting fund be budgeted and established to facilitate better fiscal management of the Boating Safety Program. NOW, THEREFORE, BE IT HEREBY RESOLVED the Mason County Board of Commissioners does hereby establish the Sheriff's Boating Program Fund 141-000-000 to receive revenues and pay the costs of the Sheriffs Boating Safety Program beginning January 1, 2020. IT IS FURTHER ESTABLISHED THAT the Mason County Sheriff or his/her designee will administer this fund. The Sheriff's Boating Fund may be used for any purpose related to Mason County's enforcement of federal, state, and local boating laws. This will include, but is not limited to training, specialized equipment, and employee wages and benefits. Money shall be disbursed from the fund pursuant to procedures established by the Mason County Sheriff in conjunction with all applicable laws and statutes. Interest on investment of Boating funds shall accrue for the benefit of said operating fund. The Mason County Treasurer shall establish a separate and distinct special fund to be designated "Boating Program Operating Fund. DATED this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Mason County, WA Code of Ordinances Page 1 of 2 Chapter 3.68 - PERISHABLE PROPERTY TRUST FUND 3.68.010 - Established. The perishable property trust fund is established as a special trust fund, and the Mason sheriff shall establish the fund in his office. (Res. 109-92 (part), 1992). 3.68.020 - Composition of fund. The county perishable property trust fund shall be composed of moneys received from the sale of perishable property seized during law enforcement operations, the value of which would otherwise be lost to the rightful owner thereof. (Res. 109-92 (part), 1992). 3.68.030 -Administration of fund. The fund shall be administered by the county sheriff or his designee. The perishable property trust fund may be used only for the purpose of reimbursing rightful owners for property lost as the result of the commission of a crime and, or, as directed by any county court of competent jurisdiction. Money shall be disbursed from the perishable property trust fund pursuant to procedure established by the county sheriff. (Res. 109-92 (part), 1992). Chapter 3.132 - SHERIFF'S BOATING FUND 3.132.010 - Established. The Mason County board of county commissioners does establish the sheriff's boating program fund (140-000-000) to receive revenues and pay the costs of the sheriff's boating safety program. (Res. 29-07 (part), 2007). 3.132.020 -Administration. about:blank 7/18/2019 Mason County, WA Code of Ordinances Page 2 of 2 The Mason County sheriff will administer this fund and pay proper expenses from this fund as budgeted and approved by the Mason County board of county commissioners. (Res. 29-07 (part), 2007). about:blank 7/18/2019 Resolution No. Creation of a new Budgetary Accounting Fund for the Sheriff's Narcotics, Investigation, and Felony Forfeiture Program Amending Resolutions 1185 (1980), 132-85, 3-86, 104-10 and Ordinance 3.52 Narcotics Investigation Fund WHEREAS, RCW 36.32.120 (5) states that the Board of County Commissioners have responsibility to "Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit" and; WHEREAS, the Mason County Sheriff requested an accounting fund be budgeted and established to facilitate better fiscal management of the Narcotics, Investigation, and Felony Forfeiture Program and; WHEREAS, Mason County Resolution 1185 directed the courts to pay into an account with money from defendants to be used for any criminal activity. Such fund to be used to "...purchase narcotics, agent fees, or informant information, and other investigations involving the purchase of stolen property and/or information in other matters involving criminal investigation by the Sheriffs Office, as well as for such expenses as the Sheriff shall determine are reasonable and necessary..." and; WHEREAS, Mason County Resolution 132-85 established an account for Narcotics Investigations and; WHEREAS, Mason County Resolution 3-86 established the Narcotics Investigation Fund as a Special Revenue Fund and further determines the revenue for the fund will be from court ordered payments, gifts, and appropriations and; WHEREAS, Mason County Resolution 33-95 established the imprest account for the Narcotics Fund in the amount of$10,000 and; WHEREAS, Mason County Resolution 104-10 deleted the Special Revenue Fund for Narcotics Investigations and rolled it into the Special Revenue Fund 140 and; WHEREAS, Mason County Resolution 64-15 amended Resolution 33-95 to increase the Narcotics Fund imprest account to $20,000 and; WHEREAS, the checking account Columbia Bank Account- *****0831 in the amount of $1500 for Criminal Investigation Revolving Funds is no longer needed. NOW, THEREFORE, BE IT HEREBY RESOLVED, the Mason County Board of Commissioners does hereby establish the Sheriff's Narcotics, Investigation, and Felony Forfeiture Fund 142-000-000 to receive revenues and pay the costs of the Sheriff's Narcotics, Investigation, and Felony Forfeiture Program beginning January 1, 2020. IT IS FURTHER ESTABLISHED THAT the checking account Columbia Bank Account - *****0831 in the amount of$1500 for Criminal Investigation Revolving Funds is no longer needed and the funds will be transferred to the Current Expense Fund. IT IS FURTHER ESTABLISHED THAT the Mason County Sheriff or his/her designee will administer this fund. The Sheriff's Narcotics, Investigation, and Felony Forfeiture Program Fund may be used for any purpose related to Mason County's enforcement of federal, state, and local laws. This will include but is not limited to training, specialized equipment, professional services, and state confiscation reimbursement. Money shall be disbursed from the fund pursuant to procedures established by the Mason County Sheriff in conjunction with all applicable laws and statutes. Interest on investment of Narcotics Investigation and Felony Forfeiture funds shall accrue for the benefit of said operating fund. The Mason County Treasurer shall establish a separate and distinct special fund to be designated "Narcotics Investigation and Felony Forfeiture Program Fund". DATED this day of 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner RESOLUTION NO. 1185 AMENDING RESOLUTION NO. 598 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON AUTHORIZATION FOR MASON COUNTY SHERIFF TO ACCEPT FUNDS FOR PURPOSES OF CRIMINAL IN- VESTIGATION AND OBTAINING INFORMATION CON- NECTED WITH CRIMINAL ACTIVITY WHEREAS, it appears that the Superior Court and the District Court of Mason County in the exercise of authority in imposing judgment and sentence in criminal cases may order that particular defendants pay, as a part of such Sen- tence, certain sums of money to the County, to be used by Law Enforcement Agen- cies in the investigation and apprehension of persons involved in any form of criminal activity, and NOW THEREFORE, BE IT RESOLVED, that the Mason County Treasurers Office, on behalf of the Mason County Sheriffs Office, is directed to accept such funds as the Mason County Superior and District Court shall order paid, or any other municipality or court or person or organization shall tender, to be spent and applied for the purpose of investigation and apprehension of per- sons involved in any form of criminal activity. More specifically, such monies as are accepted are to be a fund for the purchase of narcotics or dangerous drugs or controlled substances, and agent fees or informant information in these, and other investigations involving purchases of stolen property and/or information in other matters involving criminal investigation by the Sheriff's Office, as well as for such expenses as the Sheriff shall determine are reasonable and necessarily incident thereto. PROVIDED, that the Sheriff shall be responsible for implementation and maintenance of such bookkeeping as will record (a) advancement of funds to particular persons for potential use; (b) actual use of sums so advanced; (c) recovery of funds so spent, if any; and (d) return to the Sheriff of funds ad- vanced but not expended. The status of the fund shall be reported to the County Commissioners quarterly; - -------..-.-_ _. _ RESOLUTION NO. lit PAGE TWO AND PROVIDED, that should the Sheriff determine that the continued maintenance of such fund is unnecessary or uncalled for, such funds as are then held by the Sheriff shall be remitted to the General Fund of the County, or if the Mason County Superior Court shall so order, to such persons as that Court shall direct. COPY RECEIVED: PROSECUTOR'S OFFICE: 7/16/80 SHERIFF'S OFFICE: 7/16/80 DONE IN regular session this 14th day of July , 1980 Ch n -/xe� Commissioner Commissioner ATTEST: Auditor b Clerk of the Board APPRO 0 FORM: i e ting Attorney cc: Co=issiogers Auditor ✓ Sheriff treasurer Accounting Dept RESOLUTION NO. 132-85 WHEREAS, various departments of Mason County maintain certain funds and bank accounts; and, WHEREAS, the resolutions by which those funds and accounts were established require updating; NOW, THEREFORE BE IT RESOLVED, THAT those funds and accounts listed in Attachment A, which is hereby incorporated herein are those which the various departments listed are authorized to maintain in the amounts shown, where applicable. DATED this 5th day of November , 1985. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Chairperson McGee iI Cof/imisaioner Eager ommissioner Gibson ATTEST: Clerk of the Board xc: Cmmra Accounting Department C2) Sheriff Clerk Juvenile Court General Services Treasurer Road Health Department ....,�.. ..."f':':-./^'+-.GYM.Y:±. .,d.n6:.,:.': .Y'.:N.Y•i+:'Ff,. w'.a.nr'.sKi.'..r•aei'fm:ic. .rf-spt.wlMA,w-c..y+n....�.+....r." -�......... DISTRICT COURT Bank Account Seattle 1st Natl Posted Hail Act# 33083908 AUDITOR Revolving Fund 375.00 4 cash drawers @ $150.00 each Licensing 600.00 1 cash drawer Recording 50.00 Bank Account Seattle 1st Natl - Recording Acct# 33010406 Seattle 1st Natl - Licensing Acct# 33191305 400.00 Reserve for NSF Puget So Natl - Licensing Acct# 26-256669 100.00 Reserve for NSF Puget So Natl - Marriage Lic 26-337626 Total Cash, revolving & reserves 1,525.00 SHERIFF Revolving Fund Sheriff 150.00 " C I R 1,500.00 Change Fund Belfair Office 20.00 Bank Accounts Seattle 1st Natl Jail Com. # 33033480 300.00 Seattle 1st Natl Civil fees 33195405 Seattle 1st Natl Gun & Bail 33011206 Puget So Natl Gun Permits 26-268961 (Belfair Office) Total Cash, revolving, & reserves 1,970.00 CLERK 1 cash drawer Change 50.00 Bank Account Puget So Natl Trust Acct #27-266105 Total 50.00 JUVENILE COURT Revolving Fund Petty Cash 150.00 150.00 GENERAL SERVICES 2 cash drawer 1@ 40, 1 @ 50 Change 90.00 j 90.00 TREASURER 5 Cash Drawers @ 500.00 Change 2,500.00 Vault Cash Reserve 1,200.00 Bank Account Seattle 1st Natl Adv. Travel 7,000.00 #33180407 Total Cash, revolving & reserve 10,700.00 TOTAL CURRENT EXPENSE 14,485.00 ROAD 1 Revolving Fund Petty Cash 50.00 50.00 50.00 HEALTH DEPT 1 Cash Drawer Change 50.00 1 revolving fund Petty cash 100.00 150.00 150.00 Total cash & revolving 14,685.00 SHERIFF Bank Account Hood Canal State Bank Account #90-007-188 (Marijuana Eradication Progrm) Bank Account Hood Canal State Bank Account #90-006-867 (Narcotics Investigation) ATTACHMENT "A" RESOLUTION #132-85 RESOLUTION NO. 3-86 WHEREAS, Resolution No. 132-85 has authorized the Mason County Sheriff 's Office to establish and maintain an account for the purpose of Narcotics Investigations. NOW, THEREFORE, BE IT RESOLVED, that the Narcotics Investigation Fund be established as a special revenue fund, and the Mason County Auditor and the Mason County Treasurer shall establish said fund in their respective offices. The fund shall not lapse. The Mason County Narcotics Investigation Fund shall be composed of : a. Fines, forfeitures, penalties , and payments to the fund pursuant to court order . b. Gifts . C. Appropriations to the fund by Mason County, State, or Federal . THIS FUND shall be administered by the Mason County Sheriff or his designee. The Narcotics Investigation Fund may be used for any purpose related to Mason County's enforcement of federal , state and local laws pertaining to controlled substances, including, but not limited to, training, specialized equipment , informants' fees and purchases of controlled substances . Money shall be disbursed from the Narcotics Investigation Fund pursuant to procedure established by the Mason County Sheriff . DATED this 7th day of January, 1986. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON eawa-4�- o Chairperson McGee J, -,� � ) , m issioner Eager VV Commissioner Gibson ATTEST: G�" Clerk of the Board xc: Cmmrs Accounting Dept (2) Sheriff ° Treasurer Resolution No. _ oy-I L> Deletion of Budgetary Accounting Funds #102-000-000, #107-000-000, #141-000-000, 11143-00-000,#144-000-000, #165-000-000, #175-000-000,#176-000-000, #182-000-000, #198-000-000, #201-000-000, #687-000-000 WHEREAS, RCW 36.32.120 (6) states that the Board of County Commissioners have responsibility for the care of the county property and the management of county funds and business; WHEREAS, the following funds are no longer being used, it is recommended they be deleted: #102-000-000 - Employee Recognition Fund. Transferred funds to use from Current Expense - now a Current Expense non-departmental expenditure. #107-000-000 - Public Works Bond Reserve Fund. Never utilized/zero balance- now a reserve in County Road Fund budget. #141-000-000 - Sheriff Chaplain Fund. Now a department in the 2011 Sheriff Special Fund budget #140-400-000. #143-000-000- Sheriff Search & Rescue Fund. Now a department in the 2011 Sheriff Special Fund budget #140-100-000. #144-000-000- Sheriff Volunteer Fund. Now a department in the 2011 Sheriff Special Fund budget #140-500-000. #165-000-000 - Narcotics Investigation Fund. Now a department in the 2011 Sheriff Special Fund budget #140-300-000. #175-000-000 - Prisoners Commissary Fund. Now a department in the 2011 Sheriff Special Fund budget #140-800-000. #176-000-000- Non-Violent Offender Program Fund. Now a department in the 2011 Sheriff Special Fund budget #140-900-000. #182-000-000 - Parks Donation Fund. Never utilized - zero fund balance. #198-000-000 - Skokomish Flood Hazard Mitigation Fund. Not utilized since 2005. #201-000-000 - Water Quality Improvement Fund. Loans paid off in 2010. #687-000-000 - Skokomish Flood Zone. Fund #192-000-000 is being utilized. NOW, THEREFORE BE IT HEREBY RESOLVED to delete the following county funds: #102-000-000 Employee Recognition Fund, #107-000-000 Public Works Bond Reserve Fund, #141-000-000 Sheriff Chaplain Fund, #143-000-000 Sheriff Search & Rescue Fund, #144-00-000 Sheriff Volunteer Fund, #165-000-000 Narcotics Investigation Fund, #175-000-000 Prisoners Commissary Fund, #176-000- 000 Non-Violent Offender Program Fund, #182-000-000 Parks Donation Fund, #198-000-000 Skokomish Flood Hazard Mitigation Fund, #201-000-000 Water Quality Improvement Fund, and #687-000-000 Skokomish Flood Control Fund. DATED this 21day of 2010. BOARD OF COUNTY COMMISSIONERS MASON COU , WASHINGTON ATTEST: &L, ZP"k 1-°Q— ss Gallagher, Chair Shan o oudy, Cler of t e Board Z� APPROVED TO RM [YAda Ring Erickson,, mmissioner = � Mb ob i t cuting Attorney Tim Sheldon, Commissioner Mason County, WA Code of Ordinances Page 1 of 1 Chapter 3.52 - NARCOTICS INVESTIGATION FUND 3.52.010 - Established. The narcotics investigation fund is established as a special revenue fund, and the county auditor and the county treasurer shall establish said fund in their respective offices. The fund shall not lapse. (Res. 3-86 (part), 1986). 3.52.020 - Composition. The county narcotics investigation fund shall be composed of: (1) Fines, forfeitures, penalties and payments to the fund pursuant to court order; (2) Gifts; (3) Appropriations to the fund by Mason County, state or federal. (Res. 3-86 (part), 1986). 3.52.025 - Imprest checking account established. An imprest checking account for narcotics investigation shall be established in the amount of twenty thousand dollars for the narcotics investigation fund. (Res. 33-95, 1995). (Res. No. 54-15, 12-1-2015) 3.52.030 -Administration. This fund shall be administered by the county sheriff or his designee. The narcotics investigation fund may be used for any purpose related to the county's enforcement of federal, state and local laws pertaining to controlled substances, including, but not limited to, training, specialized equipment, informants' fees and purchases of controlled substances. Money shall be disbursed from the narcotics investigation fund pursuant to procedure established by the county sheriff. (Res. 3-86 (part), 1986). about:blank 7/18/2019 Resolution No. Creation of Budgetary Accounting Fund for the Sheriff's Prisoner Welfare Program Amending Resolution 104-10 WHEREAS, RCW 36.32.120 (5) states that the Board of County Commissioners have responsibility to "Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit" and; WHEREAS, the Mason County Sheriff requested an accounting fund be budgeted and established to facilitate better fiscal management of the Prisoner Welfare Program and; WHEREAS, Mason County Resolution 38-09, "...previously recognized the need for a DUI/DWLS offender program...; and that, "...there is a need for additional programming to assist offenders convicted in District and Superior Courts in dealing with other traffic and non- violent offences through alternative sentencing...". and; WHEREAS, Mason County Resolution 104-10 deleted the Special Revenue Fund for Prisoner Commissary and rolled it into Special Revenue Fund 140 and; WHEREAS, Resolution 41-18 establishes, "The Sheriff or designee shall establish, maintain, and operate a commissary." and, "Proceeds from the jail facility commissary shall be used for operation and maintenance of the commissary service and/or prisoner welfare expenses." NOW, THEREFORE, BE IT HEREBY RESOLVED the Mason County Board of Commissioners does hereby establish the Sheriff's Prisoner Welfare Program Fund 143-000- 000 to receive revenues and pay the costs of the Sheriffs Prisoner Welfare Program. IT IS FURTHER ESTABLISHED THAT the Mason County Sheriff or his/her designee will administer this fund. The Sheriff's Prisoner Welfare Fund may be used for any purpose related to Mason County's inmate population whether or not they are housed in the jail facility. This will include, but is not limited to, providing supplies, tools, and equipment for the benefit of the inmates. Money shall be disbursed from the fund pursuant to procedures established by the Mason County Sheriff in conjunction with all applicable laws and statutes. Interest on investment of Prisoner Welfare funds shall accrue for the benefit of said operating fund. The Mason County Treasurer shall establish a separate and distinct special fund to be designated "Prisoner Welfare Fund" DATED this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: l Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Resolution No. Creation of Budgetary Accounting Fund for the Sheriff's General Donation Program Amend Resolution 104-10 WHEREAS, RCW 36.32.120 (5) states that the Board of County Commissioners have responsibility to "Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit" and; WHEREAS, the Mason County Sheriff requested an accounting fund be budgeted and established to facilitate better fiscal management of general donations to the Sheriff's Office and; WHEREAS, Special Fund 140-000-000 cannot be used in the manner corresponding to the intent of Resolution 29-07 which created the Sheriff's Office Boating Fund. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mason County Board of Commissioners does hereby establish the Sheriff's General Donation Program Fund 144-000- 000 to receive revenues and pay the costs of any and all programs not covered under any other fund and delete 140-000-000 Sheriff's Office Special Fund beginning January 1, 2020. IT IS FURTHER ESTABLISHED THAT the Mason County Sheriff or his/her designee will administer this fund. The Sheriff's General Program Fund may be used for any purpose related to Mason County Sheriff. Money shall be disbursed from the fund pursuant to procedures established by the Mason County Sheriff in conjunction with all applicable laws and statutes. "Interest on investment of general contribution funds shall accrue for the benefit of said operating fund. The Mason County Treasurer shall establish a separate and distinct special fund to be designated "MCSO General Donation Fund". DATED this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Resolution No. A RESOLUTION TO DISSOLVE THE PERISHABLE PROPERTY TRUST FUND and RESCIND COUNTY ORDINANCE 3.68 PERISHABLE PROPERTY TRUST FUND and RESOLUTION 109- 92 WHEREAS, the Perishable Property Trust Fund created under Resolution 109-92 has been inactive for many years and; WHEREAS, there is no money in this trust fund and,- WHEREAS, nd;WHEREAS, Washington State RCW 6.25.220 makes no determination as to the deposit of funds from the sale of perishable property and; WHEREAS, any sales of perishable property may be entered as a general revenue line in Sheriff's Office General Fund 144 with a specific Budgeting, Accounting, and Reporting System (BARS) line and; WHEREAS, the BARS line will adequately track any funds reimbursable to the rightful owner from the sale of perishable property lost as the result of the commission of a crime and/or as directed by any Mason County Court of competent jurisdiction. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mason County Board of Commissioners the Perishable Property Trust Fund is dissolved and the Treasurer is hereby directed to close all accounts associated to this fund and City Ordinance 3.68 be rescinded. DATED this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner RESOLUTION NO. 109-92 WHEREAS, the Mason County Sheriff's Office has a specialized need to establish and maintain an account for the purpose of holding funds from the sale of perishable property in trust until rightful ownership is determined, and, or, until an evidentiary need for holding such funds no longer exists. NOW, THEREFORE, be it resolved that the Perishable Property Trust Fund be established as a special trust fund, and the Mason Sheriff shall establish said fund in his office. The Mason County Perishable Property Trust Fund shall be composed of monies received from the sale of perishable property seized during law enforcement operations, the value of which would otherwise be lost to the rightful owner thereof. THIS fund shall be administered by the Mason County Sheriff or his designee. The Perishable Property Trust Fund may be used only for the purpose of reimbursing rightful owners for property lost as the result of the commission of a crime and, or, as directed by any Mason County Court of competent jurisdiction. Money shall be disbursed from the Perishable Property Trust Fund pursuant to procedure established by the Mason County Sheriff. DATED this 27th day of October, 1992. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Laura E. Porter, Chairperson o/I R. Myer, ComrrCsJ ner William O Hunter, Commissioner ATTEST: �J�L� � �✓ �Lct_✓ Rebecca S. Rogers, Clerk bf the Board C: SHERIFF TREASURER AUDITOR BUDGET DIRECTOR Mason County, WA Code of Ordinances Page 1 of 1 Chapter 3.68 - PERISHABLE PROPERTY TRUST FUND 3.68.010 - Established. The perishable property trust fund is established as a special trust fund, and the Mason sheriff shall establish the fund in his office. (Res. 109-92 (part), 1992). 3.68.020 - Composition of fund. The county perishable property trust fund shall be composed of moneys received from the sale of perishable property seized during law enforcement operations, the value of which would otherwise be lost to the rightful owner thereof. (Res. 109-92 (part), 1992). 3.68.030 -Administration of fund. The fund shall be administered by the county sheriff or his designee. The perishable property trust fund may be used only for the purpose of reimbursing rightful owners for property lost as the result of the commission of a crime and, or, as directed by any county court of competent jurisdiction. Money shall be disbursed from the perishable property trust fund pursuant to procedure established by the county sheriff. (Res. 109-92 (part), 1992). about:blank 7/18/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Deputy Dracobly Action Agenda _ Public Hearing Other DEPARTMENT: Sheriff's Office EXT: COMMISSION MEETING DATE: TBA Agenda Item # �— (Commissioner staff to complete) BRIEFING DATE: 8/5/19 BRIEFING PRESENTED BY: Chief Deputy Dracobly [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Overtime contract with Lake Trask Timbertrails Association for security work during the Labor Day weekend. Requested number of work hours to be 12 hours. Background: During the Labor Day Weekend, the Lake Trask Timbertrails Association has a weekend event in the evenings in which they have asked for a Deputy to be present. RECOMMENDED ACTION: Approve the OT contract with a follow-on approval for a supplemental increase for the specific amounts to be determined later in the year. Attachment(s): Copy of the OT contract. 8/6/2019 MASON COUNTY SHERIFF'S OFFICE EXTRA DUTY SERVICE CONTRACT FOR • Contract Code#Lake Trask THIS IS A CONTRACT between the MASON COUNTY SHERIFF'S OFFICE,hereinafter referred to as SHERIFF, located at 322 N 3`d St Shelton WA 98584, and Lake Trask Timber Trails Association, hereinafter referred to as Entity with a billing address: Lake Trask Timber Trails Association PO Box B Shelton WA 98584 Jointly,the SHERIFF and the ENTITY are referred to herein as the `PARTIES". This is an Extra-duty service contract in which the SHERIFF agrees to provide Deputy Sheriff's to the ENTITY as stipulated in the following provisions: THE PARTIES agree as follows: 1. PERFORMANCE a. The SHERIFF shall provide the ENTITY extra duty Sheriff Deputy services to include: Security Lake Trask Community b. Specific location of service: Lake Trask Community C. Services by more uniformed Sheriff Deputies will be assigned, approved and coordinated through the MASON County Sheriff's Office. d. Assignment of Sheriff Deputies shall be based on the ENTTTY's needs and the availability of Sheriff Deputies. e. The Parties shall agree upon the length of assignment for Sheriff Deputies at the time of service. f. Subsequently, if the conditions dictate a need for Sheriff Deputy services over a longer period than is initially specified and agreed upon, any additional hours and dates are nonetheless covered by this contract as renegotiated and agreed upon by the parties. g. The ENTITY shall provide the SHERIFF a site familiarization tour for safety of the deputies, familiarity with facility layouts, site terrain and workforce orientation. 2. CONTRACT TERM The provisions of this contract shall be in effect commencing on August 1, 2019 and ending on Dec 31, 2019. Either party may cancel this contract at any time with thirty days notice to the other party in writing. Extra Duty Service Contract 1 3. COMPENSATION The ENTITY shall pay the SHERIFF as full compensation for everything furnished and done under this contract. The overtime rate billed is based on actuals and can be up to $85.00 per hour. The ENTITY agrees to pay for any and all costs incurred by the county under this contract, including but not limited to any costs that may be incurred by the county if the ENTITY cancels the overtime detail. The ENTITY agrees to pay any Sheriff's Deputy services that are requested on the defined HOLIDAYS as agreed upon Sheriff's Deputy Guild contract and Mason County. The rate of pay for HOLIDAYS is 2.5 times their hourly rate. 4. PAYMENT The ENTITY shall pay for the services under this contract in accordance with Paragraph B of the General Terms and Conditions. 5. GENERAL TERMS AND CONDITIIONS The parties have read and agree to the General Terms and Con 'tions se ort "Exhibit"A. BY: BY: Gary DVI Signature eriff'ISO ice Re sentativ Signature GARY DAIL JASON DRACOBLY Printed name nted name Date Signed: ��1 7, ) Date Signed: Approved as to Form by the Prosecuting Attorney's Office BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty, Chair Randy Neatherlin,Commissioner Sharon Trask,Commissioner Extra Duty Service Contract 2 EXHIBIT "A" GENERAL TERMS AND CONDITIONS A. FEES: The Sheriff has established fees for services as follows: Sheriff Deputy/Sergeant: Overtime hourly rate is based on a range from bottom step Deputy to top step Sergeant. That range is from$50.00 to $85.00 for 2019. Holiday rate of pay is 2.5 times their individual hourly rate of pay All overtime is bid out according to seniority. B. PAYMENT: The Sheriff's Office shall produce a billing to the Entity within sixty-days of the event. All checks shall be made payable to the MASON County Sheriff's Office and mailed to: MASON COUNTY SHERIFF'S OFFICE Attn: Finance Department 322 N 3`d St Shelton WA 98584 C. DUTY STATUS: Each Deputy Sheriff engaged in extra duty employment of a law enforcement nature is considered to be an on-duty status. Sheriff Deputies are subject to call by the Sheriff of MASON County or his designee at any time for emergencies, special assignment, or overtime duty. Extra duty employment does not infringe on this obligation. Should this occur the organization would be billed only for the hours for which the Deputy was present. D. ADHERENCE TO SHERIFF POLICIES AND PROCEDURES: Sheriff Deputies engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to MASON County Sheriff's Office policies and procedures at all times. E. PRIMARY DUTY TO THE SHERIFF: Sheriff Deputies on extra duty assignment have a primary obligation to the SHERIFF, not the ENTITY. They are expected to discharge all duties of their position,to enforce all laws and ordinances, and to adhere to all Sheriff's Office policies,procedures, rules and regulations,as well as meeting the ENTTTY's needs. Extra Duty Service Contract 3 F. NON-DISCRIMINATION: During the performance of this Contract, the ENTITY shall not discriminate on the basis of race, color, sex, religion,national origin,creed, marital status veteran status, sexual orientation, age or the presence of any sensory, mental or physical disability. G. LIABILITY: Each PARTY shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees and its agents. Each party shall be responsible for its own negligence. H. EVENT SCHEDULING: All events will be scheduled with Chief Deputy Jason Dracobly, 360-427-9670 x 313, or his designee. I. DISPUTE RESOLUTION: In the event of a dispute among the parties,both parties shall go before the ADR Alternative Dispute Resolution Center and their decision shall be final. Any legal dispute will be subject to Washington Law. J. COMPLAINTS: Service complaints, questions or issues shall be directed to the On-Duty Shift Supervisor. The supervisor may be contacted via MACECOM (360)426-4441. Extra Duty Service Contract 4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404_ COMMISSION MEETING DATE: 8/13/19 Agenda Item # g 3 Commissioner staff to com lete BRIEFING DATE: 8/5/13 BRIEFING PRESENTED BY: Lydia Bucheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Local Document Recording Fees - 2163 Housing & Homelessness Funds Background: Community Services has revised the reporting and invoicing process for subcontracted agencies as reflected in the amendments. RECOMMENDED ACTION: Approval of contract amendments with the following subcontractors: • Crossroads Housing Contract number CH:2019-2021.4 • Community Lifeline Contract number CL:2019-2021.3 • Community Action Council Contract number CAC:2019-2021.1 • North Mason Resources Contract number NMR:2019-2021.1 • Shelton Family Center Contract number SFC:2019-2021.1 • Turning Pointe Contract number TPSA:2019-2021.1 Attachment(s): Contract Amendments and attachment L•\Community Services-Public Health\PH_08.13.19_C.Action Agenda—H. Contract Amendments.doc Contract Between Mason County Community Services Department of.Public Health and Community Lifeline Professional Services Contract number CL:2019-2021.3 Amendment#1 The purpose of this amendment is to revise the So-ona of Service and invoice rocess. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE A. Contractor Requirements item A.e. now reads: Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines section 2.2 "Participation". All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. B. Contract Requirements item C now reads: Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. C. Revised Deliverable Schedule—Attachment A. 2. EXHIBIT C: BUDGET: Billing Procedures are amended as follows: i The Subcontractor must submit their own invoice request document and ledger. Submit monthly payment request and ledger electronically to Stacey Ells at staceye(aD-co.mason.wa.us as close to the first (111)of each month as possible. The invoice request must break out funding: 2163 and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the s i- day of 7 C, , 2019. Community Lifeline MASON COUNTY COMMISSIONERS Signature Kevin Shutty, Chair Date n Mason County Board of Commissioners Title D to 1 Contract Between Mason County Community Services Department of Public Health and - Crossroads Housing Professional Services Contract number CH:2019-2021.4 Amendment# 1 The purpose of this amendment is to revise the Scope of Service and invoice process. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE A. Contractor Requirements item A.e. now reads: Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines section 2.2 "Participation". All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. B. Contract Requirements item C now reads: Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. C. Revised Deliverable Schedule —Attachment A. 2. EXHIBIT C: BUDGET: Billing Procedures are amended as follows: The Subcontractor must submit their own invoice request document and ledger. Submit monthly payment request and ledger electronically to Stacey Ells at staceye(c)-co.mason.wa.us as close to the first (15t) of each month as possible. The invoice request must break out funding: 2163 and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WH OF, the undersigned has affixed his/her signature in execution thereof on the day of 12019. Crossroads Housing MASON COUNTY COMMISSIONERS Signat r Kevin Shutty, Chair Date Mason County Board of Commissioners 7a3 /y Title D to 1 Contract Between Mason County Community Services Department of Public Health and Community Action Council Professional Services Contract number CAC:2019-2021.1 Amendment# 1 The purpose of this amendment is to revise the Scope of Service and invoicerocess. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE A. Contractor Requirements item A.e. now reads: Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines section 2.2 "Participation". All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. B. Contract Requirements item C now reads: Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. C. Revised Deliverable Schedule —Attachment A. 2. EXHIBIT C: BUDGET: Billing Procedures are amended as follows: The Subcontractor must submit their own invoice request document and ledger. Submit monthly payment request and ledger electronically to Stacey Ells at staceye anco.mason.wa.us as close to the first (1st) of each month as possible. The invoice request must break out funding: 2163 and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of f , 2019. Community Acti n ouncil MASON COUNTY COMMISSIONERS Signature Kevin Shutty, Chair Date Mason County Board of Commissioners C/�D Title bate 1 Contract Between Mason County Community Services Department of Public Health and - Turning Pointe Survivor Advocacy Center Professional Services Contract number TPSA:2019-2021.1 Amendment# 1 The purpose of this amendment is to revise the Scope of Service and invoice process. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE A. Contractor Requirements item A.e. now reads: Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines section 2.2 "Participation". All Subcontractors are encouraged to participate'in the system of care to meet required performance outcome benchmarks. B. Contract Requirements item C now reads: Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. C. Revised Deliverable Schedule -Attachment A. , 2. EXHIBIT C: BUDGET: Billing Procedures are amended as follows: The Subcontractor must submit their own invoice request document and ledger. Submit monthly payment request and ledger electronically to Stacey Ells at staceye a co.mason.wa.us as close to the first (1S') of each month as possible. The invoice request must break out funding: 2163 and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN- VITNESS WH EOF, the undersigned has affixed his/her signature in execution thereof on the _day of �� 12019. I Turning Pointe Surviv r Advocacy Center MASON COUNTY COMMISSIONERS Signature Kevin Shutty, Chair Date Mason County Board of Commissioners Title Date 1 Contract Between Mason County Community Services Department of Public Health and Shelton Family Center Professional Services Contract number SFC:2019-2021.1 Amendment# 1 The purpose of this amendment is to revise the Scope of Service and invoice process. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE A. Contractor Requirements item A.e. now reads: Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines section 2.2 "Participation". All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. B. Contract Requirements item C now reads: Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. C. Revised Deliverable Schedule —Attachment A. 2. EXHIBIT C: BUDGET: Billing Procedures are amended as follows: The Subcontractor must submit their own invoice request document and ledger. Submit monthly payment request and ledger electronically to Stacey Ells at stacey�a.co.mason.wa.us as close to the first (15') of each month as possible. The invoice request must break out funding: 2163 and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESSthe undersigned has affixed his/her signature in execution thereof on the day ofW ERE F, , 2019. She Ion Family Ce er MASON COUNTY COMMISSIONERS Q Sig ture Kevin Shutty, Chair Date Mason County Board of Commissioners Title Date 1 MASON COUNTY • AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404_ COMMISSION MEETING DATE: 8/13/19 Agenda Item # o Commissioner staff to complete) BRIEFING DATE: 8/5/13 BRIEFING PRESENTED BY: Lydia Bucheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: House Bill 1406 • Background: The Resolution and Ordinance have language added that references the Interlocal Agreement with the City of Shelton to increase affordable housing and work together to end homelessness. RECOMMENDED ACTION: Adopt the Resolution of Intent and Ordinance authorizing a sales and use tax for affordable housing under HB 1406 Attachment(s): Resolution of Intent and Ordinance • I:\Community Services-Public Health\PH_08.13.19_C.Action Agenda—HB 1406.doc • Resolution No. A resolution declaring the intent of the county board of commissioners of Mason County to adopt legislation to authorize a sales and use tax for affordable and supportive housing in accordance with substitute house bill 1406 (chapter 338, laws of 2019), and other matters related thereto. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the Mason County and, therefore, will not result in higher sales and use taxes within the Mason County and will represent an additional source of funding to address housing needs in the Mason County; and • WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the Mason County median income; and WHEREAS, Mason County has identified the need for affordable housing preservation and new construction and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, Mason County Board of County Commissioners signed an Interlocal Agreement with the City of Shelton for the purposes of declaring a joint effort to increase affordable housing option and end homelessness in Mason County. A City Council person is a member of the Housing and Behavorial Health Advisory Board that makes recommendations on the use of public funds for these purposes; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and and WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; • WHEREAS, the County Board of Commissioners now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; - 1 - • NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF COMMISSIONERS OF MASON COUNTY AS FOLLOWS: Section 1. Resolution of Intent. The Mason County Board of Commissioners declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification. All Mason County officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. Passed by majority vote of the in open meeting this day of , 2019. • ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner • - 2 - • Ordinance No. An ordinance declaring the county board of commissioners of Mason County to adopt legislation to authorize a sales and use tag for affordable and supportive housing in accordance with substitute house bill 1406 (chapter 338, laws of 2019), and other matters related thereto. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the Mason County and, therefore, will not result in higher sales and use taxes within the Mason County and will represent an additional source of funding to address housing needs in the Mason County; and • WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the Mason County median income; and WHEREAS, Mason County has identified the need for affordable housing preservation and new construction and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, Mason County Board of County Commissioners signed an Interlocal Agreement with the City of Shelton for the purposes of declaring a joint effort to increase affordable housing option and end homelessness in Mason County. A City Council person is a member of the Housing and Behavorial Health Advisory Board that makes recommendations on the use of public funds for these purposes; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, this ordinance constitutes the resolution of intent required by SHB 1406; and WHEREAS, the County Board of Commissioners now desires to declare its intent to • impose a local sales and use tax as authorized by SHB 1406 as set forth herein; - 1 - iNOW, THEREFORE, BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF MASON COUNTY AS FOLLOWS: Section 1. Resolution of Intent. The Mason County Board of Commissioners declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification. All Mason County officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 3. Effective Date. This ordinance shall take effect immediately upon its adoption. Passed by majority vote of the in open meeting this day of , 2019. • ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA I Randy Neatherlin, Commissioner - 2 - MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404_ COMMISSION MEETING DATE: 8/13/19 Agenda Item # Commissioner staff Wcom tete BRIEFING DATE: 8/5/13 BRIEFING PRESENTED BY: Lydia Bucheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: House Bill 1406 Background: The Resolution and Ordinance have language added that references the Interlocal Agreement with the City of Shelton to increase affordable housing and work together to end homelessness. RECOMMENDED ACTION: Adopt the Resolution of Intent and Ordinance authorizing a sales and use tax for affordable housing under HB 1406 Attachment(s): Resolution of Intent and Ordinance I:\Community Services-Public Health\PH_08.13.19_C.Action Agenda—HB 1406.doc Resolution No. A resolution declaring the intent of the county board of commissioners of Mason County to adopt legislation to authorize a sales and use tag for. affordable and supportive housing in accordance with substitute house bill 1406 (chapter 338, laws of 2019), and other matters related thereto. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the Mason County and, therefore, will not result in higher sales and use taxes within the Mason County and will represent an additional source of funding to address housing needs in the Mason County; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty ! percent of the Mason County median income; and WHEREAS, Mason County has identified the need for affordable housing preservation and new construction and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, Mason County Board of County Commissioners signed an Interlocal Agreement with the City of Shelton for the purposes of declaring a joint effort to increase affordable housing option and end homelessness in Mason County. A City Council person is a member of the Housing and Behavorial Health Advisory Board that makes recommendations on the use of public funds for these purposes; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and WHEREAS, the County Board of Commissioners now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; - 1 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF COMMISSIONERS OF MASON COUNTY AS FOLLOWS: Section 1. Resolution of Intent. The Mason County Board of Commissioners declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification. All Mason County officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. Passed by majority vote of the in open meeting this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner - 2 - Ordinance No. An ordinance declaring the county board of commissioners of Mason County to adopt legislation to authorize a sales and use tag for affordable and supportive housing in accordance with substitute house bill 1406 (chapter 338, laws of 2019), and other matters related thereto. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the Mason County and, therefore, will not result in higher sales and use taxes within the Mason County and will represent an additional source of funding to address housing needs in the Mason County; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the Mason County median income; and WHEREAS, Mason County has identified the need for affordable housing preservation and new construction and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, Mason County Board of County Commissioners signed an Interlocal Agreement with the City of Shelton for the purposes of declaring a joint effort to increase affordable housing option and end homelessness in Mason County. A City Council person is a member of the Housing and Behavorial Health Advisory Board that makes recommendations on the use of public funds for these purposes; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, this ordinance constitutes the resolution of intent required by SHB 1406; and WHEREAS, the County Board of Commissioners now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; - 1 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF MASON COUNTY AS FOLLOWS: Section 1. Resolution of Intent. The Mason County Board of Commissioners declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification. All Mason County officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 3. Effective Date. This ordinance shall take effect immediately upon its adoption. Passed by majority vote of the in open meeting this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner - 2 - MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: August 13, 2019 Agenda Item # g J Commissioner staff to complete) BRIEFING DATE: July 29, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Ordinance creating Mason County Lake Management District No. 3 for Spencer Lake and set a public hearing on Tuesday, September 17 , 2019 at 9:15 a.m. to hear objections to the roll of rates and charges. Background: A petition was received by the County with 35% of property owners signing in favor of creating the LMD for a 10-year period. There are a total of 185 parcels in the LMD. The petition states the formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23 (twenty-three) cents per thousand valuation. Ballots were mailed to all landowners in the LMD boundary and were due by July 17, 2019. There were 185 parcel ballots mailed and 112 were returned by the due date. The majority are in the affirmative to form a 10 year LMD for Spencer Lake for 2020- 2030. The next step is to adopt an ordinance officially creating the LMD and set a public hearing to hear objections. Notice of the hearing will be sent to all landowners with instructions on how to file an objection. Objections must be in writing and are due by September 6, 2019. Budget Impacts: The hard costs for the process will be paid by the Spencer Lake Steering Committee. Staff time is not reimbursed RECOMMENDED ACTION: Approve the Ordinance creating Mason County Lake Management District No. 3 for Spencer Lake and set a public hearing on Tuesday, September 17, 2019 at 9:15 a.m. to hear objections to the roll of rates and charges. Attachment(s): Ordinance ORDINANCE NO. AN ORDINANCE creating a Lake Management District for Spencer Lake pursuant to Chapters 36.61 RCW,to be designated Mason County Lake Management District No.3 for Spencer Lake. WHEREAS,Chapter 36.61 RCW authorized the Board of Mason County Commissioners to initiate the creation of lake management districts; WHEREAS,the Board of Mason County Commissioners found the creation of a lake management district for Spencer Lake to be in the public interest through adoption of Resolution 55-19;and WHEREAS,the proposal to create the lake management district received a majority of the votes cast by property owners within the proposed district pursuant to RCW 36.61.080.100. NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of Mason County as follows. Creation of District Mason County Lake Management District No.3 for Spencer Lake,as proposed in Resolution No. 37-19 adopted on May 7,2019, is hereby created. Conditions for District Operation The conditions for the operation of Lake Management District No. 3 are set forth in Resolution 55-19,Exhibit A hereto,which resolution is incorporated by reference as though set forth in full. The conditions for operation set forth in Exhibit A include the findings and determinations,with district purposes,district boundaries,duration(10 years);annual rates and charges and provision for a steering committee. Rates and Charges-Collection 1. Rates and charges for Lake Management District No. 3 shall be included in Mason County's annual property tax statements. Properties which do not receive a property tax statement will receive a separate billing statement for these rates and charges. 2 The total amount of the Lake Management District No.3 rate and charge shall be due and payable on or before the 30th day of April and shall be delinquent after that date;however, if one-half of such rate and charge is paid on or before the said 30`h of April the remainder shall be due and payable on or before the 31St day of October and shall be delinquent after that date. 3. If a payment is received in conjunction with a combined property tax and Lake Management District No.3 rate and charge, and the payment is less than the amount due,the payment shall be applied first to the annual property tax of the parcel and any remaining due amount to the Lake Management District No. 3 rate and charge. Severability If any clause,sentence,paragraph, section,or provision of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid,the validity of the remaining provisions shall not be affected,and the Ordinance shall be construed or enforced as if it did not contain the particular provision held to be invalid. ADOPTED this 13ffi day of August 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa J.Drewry,Clerk of the Board Kevin Shutty,Chair APPROVED AS TO FORM: �(1) ;?JW\ Sharon Trask,Commissioner Timothy Whitehead,Chief Deputy Prosecuting Attorney Randy Neatherlin,Commissioner C: Auditor/Accounting Assessor Treasurer J:\Lake Management District\Spencer Lake\LMD-Ordinance to Create.doc Exhibit A RESOLUTION NO: -19 A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of Lake Management District No. 3for Spencer Lake, and submitting the establishment ofLake Management District No. 3 to vote cfproperty owners within the proposed district. WHEREAS, the Board ofMason County Commissioners adopted Resolution No. 37-19 on May 7, 2019 setting out its intention to consider formation of Lake Management District No. 3 for Spencer Lake(LMD No. 3); and WHEREAS, a public hearing was held on June 11, 2019 to consider formation of LMD No. 3 and the County Commissioners heard support from persons affected by the formation of LMD No. 3and other comments regarding the proposed work program; and WHEREAS, a representatives from the Department of Ecology,the Department of Fish and Wildlife and Department of Natural Resources had the opportunity to make presentations and comments omthe proposal. NOW,THEREFORE,THE BOARD OFMASON COUNTY COMMISSIONERS DOES RESOLVE ASFOLLOWS: Section 1. The Board ofCounty Commissioners adopts the following findings and determinations: 1. The formation of LMD No. 3 is in the public interest as evidenced by the Integrated Aquatic Vegetation Management Plan (Exhibit A) of lake improvement and maintenance activities, which is approved as part ofthese findings. The proposed LMD will: a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs. b. Employ proven techniques based onenvironmental safety. c Conduct inspections kzdetermine areas ofinvasive species infestation and effectiveness oftreatments. d. Investigate and promote the best management practices for treatment ofnoxious weeds. e. Monitor for occurrence of as well as emergence of other take plants that have been identified by the State of Washington as noxious. f. Maintain a volunteer advisory committee oflakefront owner representative Lodirect the efforts and funds ufthe LMD. Z. The financing of the lake improvement and maintenance activities is feasible. The LMD will guarantee the fees needed tocontinue with control measures offragrant water|Uyand other noxious aquatic plants and the costs o[permits, monitoring, printing and mailing. 3. Adequate provisions have been made toprotect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption.The herbicide will not harm fish or wildlife, and byeliminating the noxious aquatic plants, the native flora and fauna should be restored, 4. LMD No. 3 will exist for a period of 10 years, beginning in 2020. S. The esfimaLedamount that will beraised bythe LMD rates in2O20is $1],9y6. The total estimated LMD rate revenue for the 10 year LMD including a maximum 596annual increase P r~nte fro m K-, &�- Printed frmmMason County DMS Exhibit UMD-Spencer Lake-Resolution No. ___ for inflation is $176,043. The annual 5% increase would only occur if approved by the LMD #3 Advisory Committee. 6. The proposed boundaries of the District are all properties with lakefront access to Spencer Lake in Mason County, Washington, 7. Annual Charge per Parcel: The formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23(twenty-three) cents per thousand valuation. Property owners within Lake Management District No. 3curnently enrolled inthe Senior Citizen Exemption Program with the Mason County Assessor's Office will receive reduction in their LMD rates &charges for the years in which they are entitled to the exemption with the County. In order to receive the reduction in any given year, property owners must have qualified onorbefore November 1ofthe prior year. Section 2' The question of whether to form Lake Management District No. 3 for Spencer Lake shall be submitted to the property owners within the proposed diobict. The Support Sen/ices Department shall prepare the ballots for submittal tothe property owners. Ballots will bereceived bythe Office o[the County Commissioners, 411N. Fifth Street, Shelton, VVA 9OS84nolater than 5:OOpm, July 17, 2019. Section 3. Ballots will beavailable for public inspection after they have been counted. Dated this 11mday ofJune, 2019. BOARD OFCOUNTY COMMISSIONERS MAS/ON CWQASHINGTON Kevin Shutty, hair Com 5sioner sa 0wry,Clerk/of the Board at missic Ran eathLeriin, Coirnmissioner Approved asto form: Chief Deputy Prosecuting Attorney Timothy Whitehead J�uake NlcbSpencer Lake I]0D-Resolution toForm&send ballot#22.umu ' Printed from Mason County[fxS � - '� ° , Clergy MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: August 13, 2019 Agenda Item # (Commissioner staff t complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066063-8066335 $ 563,144.13 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for July 2019 $ 1,230,885.31 Electronic Remittance Detail Macecom 7/2/19 $ 126,964.93 Mental Health 7/10/19 $ 1,947.91 Rustlewood Bond Principal Series A 7/1/19 $ 5,398.51 Rustlewood Bond Interest Series A 7/1/19 $ 14,908.49 Rustlewood Bond Principal Series B 7/1/19 $ 3,848.03 Rustlewood Bond Interest Series B 7/1/19 $ 1,024,297.00 Mental Health to Clerk 7/24/19 $ 4,112.50 CE-Non departmental to Trial Court Imp 7/22/19 $ 5,703.00 Mental Health to MCSO Jail 7/12/19 $ 30,780.00 Housing to Prosecutor 7/24/19 $ 12,924.94 Refund Interest Earned 7/31/19 $ 28.02 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval, Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 15,958,719.10 Direct Deposit YTD Total $ 9,613,865.68 Salary Clearing YTD Total $ 10,043,927.44 Approval of Treasure Electronic Remittances YTD Total $ 6,594,407.67 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8066063-8066335 $ 563,144.13 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for July 2019 $ 1,230,885.31 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) N yoNooOffice of the Treasurer o A 411 N. 5th, Bldg. I w E P.O. Box 429 Shelton, Washington 98584-0429 (360) 427-9670, ext. 475 • Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 Elisabeth (Lisa) Frazier, Treasurer Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 126,964.93 M-56182 $ - 7/10/2019 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 1,947.91 M-56367 Is - M- 1-Jul-19 Account FUND # Remittance RECEIPT # Rustlewood Bond Princ Series A 411.000000.100.010 $ 5,398.51 M-56128 Rustlewood Bond Int Series A 411.000000.100.010 $ 14,908.49 M-56128 Rustlewood Bond Princ Series B 411.000000.100.010 $ 3,848.03 M-56128 Rustlewood Bond Int Series B 411.000000.100.010 $ 1,024,297.00 M-56128 7/24/2019 Account FUND # Remiittance RECEIPT:# Mental Health- Budgeted Transfer 164.000000.100.000 _ $ 4,112.50 M-56779 Clerk 001.000000.070.000 $4,112.50 M-56780 7/31/2019 REFUND INTEREST EARNED � Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 12.98 Multiple Rec ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $2.89 Multiple Rec Veterans Assistance 190.000000.000.000 $ 0.09 Multiple Rec COUNTY ROAD 105.000000.000.000 $11.85 Multiple Rec MENTAL HEALTH 164.000000.000.000 1 $0.21 Multiple Rec 7/22%2019 Account FUND # Remiittance RECEIPT # CE-Non departmental001.000000.310.000 $ 5,703.00 M-56715 TRIAL COURT IMPROVEMENT 135.000000.000.000 1 $5,703.00 M-56716 MENTAL HEALTH 164.000000.100.000 $ 30,780.00 M-56468 MCSO-JAIL 001.000000.205.270 $30,780.00 M-56469 Respectfully submitted by Julie Richert, Chief Deputy Treasurer 7/31/2019 2 - u1-19 Account FUND # Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 12,924.94 M-56777 Prosecutor 001.000000.180.164 1 $12,924.94 M-56778 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 8/13/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 8/5/19 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Amendment to Contract awarded from Cascade Pacific Action Alliance (CPAA) #K229- 32 for the Medicaid Transformation Project Year 2 for $103,040 to Maintain an Opioid Mobile Outreach Pilot program. BACKGROUND: Mason County Board of Health recommended moving forward on an Opioid mobile outreach project including harm reduction syringe exchange strategies presented in the January and March 2018 Board of Health meetings. Public Health was going to research funding opportunities and applied for the CPAA RFP in July 2018 and was notified on August 15th,2018 of the award and on August 31s' of the dollar amount awarded. This amendment keeps the service going for an additional year BUDGET IMPACTS: This increasing Amendment provides an increase of $103,040.00 of funding for 2019 and 2020. This funding was will be address in a future budget amendment to expend the funds. RECOMMENDED OR REQUESTED ACTION: Approve Amendment to Contract (CPAA) #K229-32. 8/7/2019 Medicaid Transformation Partner Provider CASCADE PACIFI�J ACTION ALLIANCE CONTRACT AMENDMENT MPR !,GCOMNIU Tv­.-_*—t.s,;Er. CPAA ACH LLC Contract No: 12174 1h Ave E., Suite 200 Olympia, WA 98506 ® Amendment/Modification No: DY2-K2293-32 (360) 539-7576 Contractor INFORMATION Agency Name Agency Address EIN# Mason County Community Services 415 N.6th Street 91-6001354 Shelton,WA 98584 Authorized Contract Signer Title Phone Number Kevin Shutty Contract Signer's E-Mail Agency Fax Number Contact's Phone Number (if different than above) CPAA INFORMATION Contract Title Medicaid Transformation Project Contact Person Title Contact Phone Number Christina Mitchell Program Director 360-539-7576 x 131 Contact E-Mail Address Contact's Fax Number mitchellc@crhn.org 360-943-1164 CONTRACT INFORMATON Funding Source Effective Dates Amendment Amount HCA Date of Execution to January 31, 2022 (if applicable) $ 154,170 Reason for Amendment: $Base $Rural Service $Attribution $ Multi Project $Health $ Provider Incentive Incentive $8,200 $0 Equity Reporting $42,930 $0 Incentive $103,040 $0 Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 1 THIS"MEDICAID TRANSFORMATION PROJECT AMENDMENT"(AMENDMENT)is made and entered into by and between Cascade Pacific Action Alliance(CPAA)an Accountable Community of Health(ACH) And Mason County Community Services a Medicaid Transformation Project Partnering Provider(Partner) pursuant to Washington State's Medicaid Transformation Project(MTP). 3. ® THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS The Contract identified herein, including any previous amendments thereto,is hereby amended as set forth in item 5 below by mutual consent of all parties hereto. 4. ❑ THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS The Contract identified herein,including any previous amendments thereto,is hereby unilaterally amended as set forth in item 5 below pursuant to the changes and modifications clause as contained therein. 5. PURPOSE OF AMENDMENT: a) To define methodology for funding allocation i. The calculation for DY 2 funds are based on calculations provided by Washington State Health Care Authority(HCA).Funding is contingent upon the achievement value CPAA receives for submission of HCA required documentation and 100%completion of Partner Provider deliverables as stated in the Partner's original contract Addendum B—Scope of Work. b) To define funding area allocations i. Base incentive—Allocation based on selection as Partner Provider ii. Rural incentive—Allocation based on RUCA score(rural-urban commuting area)derived from averaged zip codes reported in the original RFP submitted iii. Attribution—Allocation based on Medicaid lives served based on zip codes reported in original RFP submitted iv. Health Equity—Allocation based on Community Needs Index score averaged by zip codes provided in the original RFP submitted V. Bonus incentive—Allocation based on multi-project participation in more than one project area c) To present definitions for MTP Projects Areas,MTP Interventions and Change Plans i. MTP Project areas were developed by Washington State's Health Care Authority.Participation in the various Project Areas was determined by each Accountable Community of Health(ACH).CPAA selected to participate in the following project areas: • 2A: Bi-Directional Integration of Care • 2B: Community-Based Care Coordination • 2C: Transitional Care • 3A: Addressing the Opioid Use Public Health Crisis • 3B: Reproductive and Maternal/Child Health • 3D:Chronic Disease Prevention and Control Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract# K2293-32 Page 2 ii. MTP Interventions support each of the six MTP Project areas.Every project area has its own menu of state-approved,evidence-based interventions as defined in the MTP project toolkit that must be pursued to achieve targeted levels of improvement for project-specific outcomes. iii. MTP Implementation Partners chose which MTP Interventions to implement for each of their CPAA approved MTP Project areas which are listed in the Partner's Change Plan. d.)To provide further definition to the Partner's original contract Addendum B— Statement of Work under Section 3 "The Partners Roles and Responsibilities" Item X—"The Partner will complete tasks and deliverables as set forth in the Change Plan and agrees to notify the CPAA Program Manager if timeline or deliverable will not be submitted as required."Per this amendment: The Partner may amend the Change Plan under two conditions: i. Annual Modifications ii. A qualifying event e.) Annual Modification i. Organizations requesting a Change Plan modification must do so in writing using the Change Plan Modification Request Form(Addendum A)request must be submitted by 11/01/2019 to reporting@cpaawa.org f.) Qualifying Event i. Organizations are asked to complete the Change Plan Modification Request Form (Addendum A)and submit to reporting@cpaawa.org within 60 days of the qualifying event to request a Change Plan Modification ❖ A qualifying event is defined as an unforeseen circumstance that alters the scope of work or execution of work fundamentally. Staff turnover or delayed implementation do not count as qualifying events. g.) To provide additional reporting information i. Partners will submit reporting in accordance with the chart below to reporting@cpaawa.org Quarter 1(Jan-Mar) Quarter 2(Apr—Jun) Quarter 3(Jul-Sep) Quarter 4(Oct-Dec) 1.Change Plan 1. Change Plan 1.Change Plan 1.Change Plan Progress Report Progress Report Progress Report Progress Report 2.Intervention Metrics 2.Intervention Metrics 3.Change Plan Update April 30,2019 July 31,2019 October 31,2019 January 31,2020 ii. Partners participating in Projects 2A and 3A will submit project specific information related to pay for reporting(P4R)metrics established by the Washington State Health Care Authority(HCA).In order to align with the HCA reporting timeframe, CPAA will gather this information from partners on a Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 3 slightly earlier schedule than Change Plan Progress Reports outlined above. CPAA Program Managers will coordinate with each partner to complete this reporting requirement. a. Project 2A: The McHAF Site-Self Assessment needs to be completed semiannually between April 1 and June 30, 2019 and October 1 and December 31, 2019. b. Project 3A: Complete the CPAA Opioid Response P4R Metrics Survey semiannually by June 15,2019 and December 15, 2019. iii. Projected quarterly payments are stated below.Payments are estimated and subject to change based on Health Care Authority information. Reporting QTR 1 Reporting QTR 2 Reporting QTR 3 Reporting QTR 4 $25,760 $25,760 $25,760 $25,760 h.) Provide guidelines for Project 2B Pathways Outcome Based Payments i. An"Addendum B"will be included with this amendment only for Partners selected for and participating in Project 2B 6. ❑ This is a unilateral amendment. Signature of contractor is not required below. ® Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. IN WITNESS WHEREOF, CPAA and the Partner have signed this agreement. PARTNER SIGNATURE DATE CHOICE REGIONAL HEALTH NETWORK SIGNATURE DATE Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 4 Addendum A — Change Plan Modification Request Form Change Plan Modification Request Form Annual Plan vict omm R,ewe_St Prace_ : • Please complete the Change Plan Modification Request Form and submit to reporting@coaawa.org between 10,f0V2019 and 11/01/2019. • Once the Change Plan Modification Request has been approved,'you will receive your organisation's original approved Change Plan with instructions on how to make modifications. • Please follow the instructions and submit your organization's updated Change Plan by 12/31/2019. • Submitted Change Plans will go through an internal approval process before being accepted. CWafdying Event Chau Plan Nbdifi atkm Prones: • Please complete the Change Plan h4odification Request Form and submit to reoortine@coaaora.org within 60 days of a qualifying event. o A qualifying event is defined as an unforeseen circumst=ance that fundamentally alters the scope of work or execution of work.Staff turnover or delayed implementation are not qualifyingevents,as these events will be captured in Quarterly Reporting. • Once the Change Plan Modification Request has been approved,you will receive your organization's original approved Change Plan with instructions on how to make modfications. • Please follow the instructions and submit your organization's updated Change Plan within 30 days of receipt. • Submitted Change Plans will gothrough an internal approva' process before being accepted. Orgghotion Name: Name of RequKmm--- Date of Request Type of Request [ J Annjai Change Plan Mod i'c==-t:on Request ----------------------------------------------------------------------------------------------------- UQualifying Event Change Plan Modification Request De_criptior of QvoUj{ying Event- Project vent:Project Areas Affected: LI 2A:Bi-D`.rection_I Integration of Care L12B:Community�Based Care Coordination U2C:Transitional Care (,,13A:Opioid Response U 3B:Maternal and Child Health [ J 3D:ChronicDisease Preventioh and Control Reason for Changes: Brief Des-criludon of Changes: ----------For inWTTMIuse oW--------- LIFollow-up Requested L,request Approved Request Denied Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 8/13/2019 Agenda Item # T Commissioner staff to complete) BRIEFING DATE: 8/5/19 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Agreement NO SWMLSWFA-2019-MaCoPH-00070 Background: This Contract will Provide $84,135.33 to enforce solid waste codes and monitor solid wasted facilities for compliance. This Contract covers July 2019 through June 2021. This contract has a 25% match requirement that is provided through the tipping fee the Solid Waste program currently receives. This contract has been budgeted for the 2019 budget year. RECOMMENDED OR REQUESTED ACTION: Approve agreement # SWMLSWFA- 2019-MaCoPH-00070. 8/7/2oi9 DEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMLSWFA-2019-MaCoPH-00070 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and MASON COUNTY,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2019-21 LSWFA Mason Co PH SWE Total Cost: $176,000.00 Total Eligible Cost: $84,135.33 Ecology Share: $63,101.50 Recipient Share: $21,033.83 The Effective Date of this Agreement is: 07/01/2019 The Expiration Date of this Agreement is no later than: 06/30/2021 Project Type: Solid Waste Enforcement Project Short Description: Mason County will spend$84,135.33 to enforce solid waste codes and monitor solid waste facilities for compliance. Project Lon Dg escription: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Page 2 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY RECIPIENT INFORMATION Organization Name: MASON COUNTY Federal Tax ID: 91-6001354 DUNS Number: 232002101 Mailing Address: 415 N 6th Street Shelton,WA 98584 Physical Address: 415 N 6th Street Shelton,Washington 98584 Organization Email: dlr@co.mason.wa.us Organization Fax: (360)427-7787 Contacts Template Version 10/30/2015 State of Washington Department of Ecology Page 3 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY Project Manager Alex Paysse EH Manager 415 N 6th Street Shelton,Washington 98584 Email: alexp@co.mason.wa.us Phone: (360)427-9670 Billing Contact Casey Bingham Finance Manager 415 North 6th Street shelton,Washington 98584 Email: caseyb@co.mason.wa.us Phone: (360)427-9670 Alex L Paysse Authorized EH Manager Signatory 415 N 6th Street Shelton,Washington 98584 Email: alexp@co.mason.wa.us Phone: (360)427-9670 A Template Version 10/30/2015 State of Washington Department of Ecology Page 4 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey,WA 98503 Contacts Greg Gachowsky Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: ggac461@ecy.wa.gov Phone: (360)407-6125 Greg Gachowsky Financial Manager PO Box 47775 Olympia,Washington 98504-7775 Email: ggac461@ecy.wa.gov Phone: (360)407-6125 Template Version 10/30/2015 State of Washington Department of Ecology Page 5 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment,materials, services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. .j This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State MASON COUNTY Department of Ecology By: By: Laurie Davies Date Alex L Paysse Date Solid Waste Management EH Manager Program Manager Template Approved to Form by Attorney General's Office By. Commissioner Kevin Shutty Date Mason County Commission Chair Template Version 10r)0/2015 State of Washington Department of Ecology Page 6 of 19 Agreement No: SWMI.SWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY SCOPE OF WORK Task Number: 1 Task Cost:$84,135.33 Task Title: Solid Waste Enforcement Task Description: Activity: Solid Waste Facilities/Sites(Permitted/Exempt) RECIPIENT will monitor solid waste handling facility for compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC(Solid Waste Handling Standards),Chapter 173-351 WAC(Criteria for Municipal Solid Waste Landfills),Chapter 173-304 WAC(Minimum Functional Standards for Solid Waste Handling),and any related local solid waste regulations,or codes.RECIPIENT will accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s),including but not limited to permitting inspections and oversight,review of groundwater data,and annual review of financial assurance. New solid waste permit applications and notices of exemption considered during the Agreement period for facilities not identified under this task may be managed under this Agreement. RECIPIENT will track facilities/sites monitored and include the information in quarterly progress reports,including uploading a copy of inspection reports conducted in the quarter. RECIPIENT will file all issued permits as prescribed herein. Facility/Site Information Active solid waste permit:Eells Hill Transfer station(including the Landfill and Household Hazardous Waste facility), Hoodsport Drop Box,Union Drop Box,Belfair Drop Box,Washington Corrections Center Composting Facility,North Mason Fiber Company,and the Green Diamond-Dayton&Matlock Limited Purpose Landfills. Solid waste facilities in post closure status: Eells Hill Municipal Landfill and Green Diamond Matlock Woodwaste Landfill,and the Green Diamond Dayton Limited Purpose Landfill. RECIPIENT may inspect and monitor sites that are in"exempt"status. Activity: Solid Waste Investigation,Assistance,Enforcement RECIPIENT will investigate solid waste related complaints or concerns,including(at the RECIPIENT's discretion)assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT will offer technical assistance about solid waste regulations and how to prevent violations and will enforce as necessary. RECIPIENT will provide public education about proper handling and disposal methods,and how to prevent violations. General: RECIPIENT will participate in State and Local work groups,training opportunities-including travel(i.e. SWANA, WASTECON etc.for MOLO recertification/certification)and committees developing and implementing solid waste management strategies and solid waste material handling programs. Ordinance development necessary to comply with chapter 173-350 WAC,including travel to attend Ecology sponsored trainings,are eligible costs for reimbursement under this Agreement. Template Version 10/30/2015 i State of Washington Department of Ecology Page 7 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY RECIPIENT is encouraged to seek ECOLOGY prior approval for costs not specifically identified in the scope of work. Invoices and time accounting submitted with RECIPIENT's request for reimbursement must support eligibility of expenses. Reimbursement for costs incurred by contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goal of this task is to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations. Task Expected Outcome: RECIPIENT expects to complete at least one inspection per calendar year at each permitted solid waste facility or site identified under this task. RECIPIENT expects to resolve 175 solid waste related complaints or concerns. RECIPIENT expects to offer technical assistance about solid waste regulations and how to prevent violations, and enforce as necessary.RECIPIENT expects to provide public education about proper handling and disposal methods. Recipient Task Coordinator: Luke Cencula Solid Waste Enforcement Deliverables Number Description Due Date 1.1 Scope of Work for this agreement is implemented 06/30/2021 II I Template Version 10/30/2015 State of Washington Department of Ecology Page 8 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Cc PH SWE Recipient Name: MASON COUNTY BUDGET Funding Distribution EG200046 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Mason Co SWE Funding Type: Grant Funding Effective Date: 07/01/2019 Funding Expiration Date: 06/30/2021 Funding Source: Title: MTCO Model Toxics Control Operating Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 25% Recipient Match%: 25% TnKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Mason Co SWE Task Total Solid Waste Enforcement $ 84,135.33 Total: $ 84,135.33 Template Version 10/30/2015 State of Washington Department of Ecology Page 9 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Mason Co SWE 25.00 % $ 21,033.83 S 63,101.50 S 84,135.33 Total $ 21,033.83 S 63,101.50 S 84,135.33 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report.By checking the box provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that quarter represent ONLY what was achieved with LSWFA(Ecology share plus local contribution). RECIPIENT shall not report outcomes achieved with funds that exceed the LSWFA Agreement's total budget. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial(including payment requests),performance, and other reports required by this Agreement.ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A CERTIFICATION REGARDING SUSPENSION DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, Template Version 10/30/2015 State of Washington Department of Ecology Page 10 of 19 Agreement No: SWMISWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <hM://www.sam.itov>and print a copy of completed searches to document proof of compliance. B FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25;000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number,at www.fsrs. og v<hn://www.fsrs.,gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendinggov<hqp://www.usaspendiniz.,gov/>. For more details on FFATA requirements,see www.fsrs.gov<hM://www.fsrs.gov/>. Template Version 10/30/2015 State of Washington Department of Ecology Page 11 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimise,or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered,disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grantor loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects,if required,comply with Governor Executive Order 05-05,Archaeology and Cultural Resources. • For projects with any federal involvement,if required,comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. Template Version 10/30/2015 State of Washington Department of Ecology Pave 12 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservation at (360)586-3064, any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https:Hofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof, has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement, as appropriate,or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Template Version 10/30/2015 State of Washington Department of Ecology Page 13 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govem,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version 10/30/2015 State of Washington Department of Ecology Page 14 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFAMason Co PH SWE Recipient Name: MASON COUNTY accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into Elm,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party- 16. arty16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) Template Version 10/30/2015 State of Washington Department of Ecology Page 15 of 19 Agreement No: SWMISWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that fielding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through Template Version 10/30/2015 State of Washington Department of Ecology Page 16 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds famished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. Template Version 10r30/2015 State of Washington Department of Ecology Page 17 of 19 Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and Template Version 10/30/2015 State of Washington Department of Ecology Page 18 of 19 Agreement No: SWMISWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement Template Version 10/30/2015 Page State of Washington Department of Ecology Pa g Agreement No: SWMLSWFA-2019-MaCoPH-00070 Project Title: 2019-21 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys, drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third parry beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Template Version 10/30/2015 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: 08/13/2019 Agenda Item # Commissioner staff to`6tete BRIEFING DATE: 08/5/19 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, August 27, 2019 at 6:15 p.m. to sell the following parcels: 32021-56-01013, 160 E. Panorama Drive and 32021-56-01019, 240 E Panorama Drive. BACKGROUND: Both parcels are Tax Title and were deeded to Mason County. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. 32021-56-01013 2019 Assessed Value: $8,750 Current offer: $5,000 Other amounts due: As of August 7, 2019 the back taxes owed are $1368.04 Shorecrest Water as of August 7, 2019: $995.90 32021-56-01019 2019 Assessed Value: $8,750 Current offer: $4,000 Other amounts due: As of August 7, 2019 the back taxes owed are $1686.30 Shorecrest Water as of August 7, 2019: $799.58 RECOMMENDED ACTION: Approval to set a hearing on Tuesday, August 27, 2019 at 6:15 p.m. to sell the following parcels: 32021-56-01013, 160 E. Panorama Drive and 32021-56-01019, 240 E Panorama Drive. ATTACHMENT(S): Purchase and sale agreement Agent Detail Report Notice IAProperty Mng\Property Offers&Negotiations\32021-56-01013 160 Panorama Dr\action to set hearing.doc Authentisign to:1509AFEA-738C-42D8-BCB2-EAOSF66E6148 pE/Mqx Form 25 ©Copyright 2019 Vacant Land Purchase&Sale .2 Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Pagel of5 SPECIFIC TERMS 1. Date: July 23,2019 MLS No.: 1416127 Offer Expiration Date: 7/26/2019 2. Buyer: Steven J.Smith&Debi Smith Brandon&Crystal Jennings A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215601013 160 E Panorama Drive Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price: $ 5,000.00 Five Thousand Dollars 6. Earnest Money: $ 500.00 0 Check; ❑ Note; ❑ Other (held by❑Selling Firm; m Closing Agent) 7. Default: (check only one) 0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title&Escrow Company Individual(optional) 10. Closing Date: 8/16/2019 ; Possession Date: W on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 0 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer,0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 671 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before m is not required to be subdivided 15. Feasibility Contingency Expiration Date:RI 14 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑ both parties; ❑ neither party Listing Broker represents: 0 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22K(Utilities) 22T(Title Contingency) 35F(Feasibility) Form 42 Agency Disclosure 19 A-I iiu: SfQ!lQlf.4 s uA 0723!2019 B atjnFVDr 7)=j4.3MPT Date Sellers Signature Date w `�xandan 07232019 B ftSignabirePDT 7r"Mg3.57:sePMPOT Date Seller's Signature Date 461 SE Mill Creek Rd Buyers Address Sellers Address Shelton WA 98584 City,State,Zip City,State,Zip 360-338-2322 (360)427-9670 Phone No. Fax No. Phone No. Fax No. sjsmith.remax@gmail.com Buyer's E-mail Address Sellers E-mail Address RE/MAX Top Executives 9971 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Steven Smith 98306 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)338-2322 (360)432-0103 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ABarneshomes@gmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address sjsmith.remax@gmail.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 114982 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:1509AFEA-738C42D8.BCB2.EA05F66E614B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other parry does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the parry's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees awing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement,and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 rsis] 07123/2019 [3531] 07/23/2019 yeI nitials Dater Initials Date Seller's Initials Date Sellers Initials Date 07/23/2019 i 07/23/2019 Authentisign ID:1509AFEA-736C-02D6-BCB2-EA05F66E614B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Sellers citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 IS rtgie�s will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 YS] 07/23/2019 [J,"] 07/23/2019 ye Initials Date Initials Date Seller's Initials Date Seller's Initials Date 07/23/2019 P1 07/23/2019 Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 [SYS] 07/23/2019 rXj] 07/23/2019 yer Initials Date B er itials Date Seller's Initials Date Seller's Initials Date 07/23,2019 07/23/2019 Authentisign ID:1509AFEA-738C4208-BCB2-EA05F66E614B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [SYS] 07/23/2019 IIJ311 07/23/2019 Cuye Initials Date Rials Date Seller's Initials Date Seller's Initials Date 07/23/2019 07/23/2019 Authentisign ID:1509AFEA-738C-42D8-BCB2-EAOSF66E6146 RE/Mqx. Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7119 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 23,2019 1 between Steven J.Smith&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 160 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 S c 07/23/2019 07/2312019 uye Initials Date Initials Date Seller's Initials Date Seller's Initials Date 07/23/2019 07/23/2019 AuthentisignID:1509AFEA-738C-42D8-BCB2-EA05F66E614B Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s)or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. 0 Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. 66 Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association(e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by 0 Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Items)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [SYS] 07/23/2019 1211 07/23/2019 yer Initials Datenv nitials Date Seller's Initials Date Seller's Initials Date 07/23/2019 ] 07/23/2019 Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B pE/Mqx Form 22T ©Copyright 2015 Title Contingency Addendum ., Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 23,2019 1 between Steven J.Smith&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 160 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from If the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 Isis] 07/23/2019 �� 07/23/2019 f8uye Initials Date Initials Date Sellers Initials Date Seller's Initials Date Lkil 07/23/2019 07/23/2019 Authentisign ID:1509AFEA-738C42D8-BCB2-EA05F66E614B RE Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 23,2019 1 between Steven J.Smith&Debi Smith Brandon&Crystal Jennings ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 160 E Panorama Drive Shelton WA 98584 (the"Property").4 Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1.) Purchaser,(Steven Smith),is a licensed Realtor with RE/MAX TOP EXECUTIVES located in 6 Washington State. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 [SYS] 07/23/2019 [331] 07/23/2019 uye Initials DateJniti�7/23/2019 Date Seller's Initials Date Seller's Initials Date 07!2312019 f Authentisign ID:1509AFEA-738C-42D8-BC82-EA05F66E6146 15,E/M� Form 35F • ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated July 23,2019 1 between Steven J.Smith&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 160 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City Stale Zip Feasibility Contingency. Buyer shall verify within 14 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water,sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school,fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 lid AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 ISIS] 07/23/2019 P13y] 07/23,2019 ye Initials Date s Initials Date Seller's Initials Date Sellers Initials Date 07/23/2019 07/23/2019 Authentisign ID:1509AFEA-738C-4208-BCB2-EAOSF66E614B Form 42 eF^ ©Copyright 2010 Agency DisclosureNorthwest Multiple Listing Service Rev.7/10 V ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, Smith&Jennings 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Authent''x"r 07/23/2019 Buyer �S&LEW 1. SmitRt. 8 72320 3:53:41 PM PDT ignature Date entisicw 07/2312019 Buyer 9 L7MMV�439nli Date Authentis* 07/23/2019 Buyer i9tandonjennimp 7232o14ibQ ' 4PMPDT Date 10 Authentis..v 07/23/2019 Buyer 11 " rTignatu�e°T Date BROKER Steven J.Smith 12 Print/Type Authentic!cFr F feum q.Smid 07/23/2019 BROKER'S SIGNATURE J 13 72 01 3:53:42 M PDT FIRM NAME AS LICENSED RE/MAX TOP EXECUTIVES 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B R [SIS] P13 11� `�J �J .a OF REAL i This pamphlet describes your legal rights in dealing with a real estate firm or broker. •• it carefully before • • ahy •• The following is only a brief summary of the attached law. SEC. 1. Definitions. Defines the specific terms used in the law. SEC. 2. Relationships between Brokers and the Public. Prescribes that a broker who works with a buyer or tenant represents that buyer or tenant—unless the broker is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm's designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client— unless the parties agree in writing that both brokers are dual agents. SEC. 3. Duties of a Broker Generally. Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker's agency relationship in a specific transaction. SEC. 4. Duties of a Seller's Agent. Prescribes the additional duties of a broker representing the seller or landlord only. SEC. 5. Duties of a Buyer's Agent. Prescribes the additional duties of a broker representing the buyer or tenant only. SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. SEC. 8. Compensation. Allows real estate firms to share compensation with cooperating real estate firms.States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties' consent. SEC. 9. Vicarious Liability. Eliminates the liability of a party for the conduct of the party's agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent. SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. SEC. 11. Interpretation. This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal, SEC. 12. Short Sale. Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. Authentisign ID:1509AFEA-738C-42D8-BCB2-EAOSF66E614B MASON COUNTY Mason County Title Company 130 W Railroad Avenue *-TITLE COMPANY PO Box 278 Port of the Ae. s Lard Title Gro,,p Shelton,WA 98584 Phone: (360) 426-9713 Commitment for Title Insurance Our File No.: 20191734 Seller Name: Mason County Buyer Name: Property Address Reference: None assigned WA Thank you for your transaction, we look forward to serving you. Enclosed please find a copy of the title commitment for the above referenced transaction, which contains hyperlinks to all the relevant historical documents.You will also find a PDF copy of the historical documents for your convenience. If you have any questions pertaining to this information, please do not hesitate to contact us.We appreciate your business and look forward to serving you. Title Department Contact Information: MasonTitle(,MasonCountyTitle.cam Shelton Title address: Phone: 360-426-9713 130 W. Railroad Ave Fax: 360-426-0716 Shelton,WA 98584 Escrow Department Contact Information: Mason ESerowe,MasonCountyTitle.com Shelton Escrow Address: Phone: 360-427-8088 134 N. 2nd Street Fax: 360-427-7179 Shelton, WA 98584 Belfair Escrow Address: Phone: 360-275-9160 23552 NE State Rte 3, Suite 2-A Fax: 360-275-8588 Belfair, WA 98528 For a quick video on how to read your title commitment and what it means to you please go to: How To Read Your Title Report Local decision making. Local authority. Local service. Nationally insured. Silverdale: Port Orchard: 10356 Silverdale Way,Suite 100,Silverdale,WA 98383 1590 Bay St,Port Orchard,WA 98366 PH: 360-337-2000 FX: 360-337-5888 PH: 360-874-2100 FX: 360-874-2160 Bainbridge Island: 9431 Coppertop Loop NE,Suite 205—Bainbridge Island—WA—98110 PH: 206-451-8013 FX: 206-973-8598 www.atkitsap.com Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A MA$ON COUNTY Mason County Title Company 130 W Railroad Avenue TITLE COMPANY PO Box 278 Fort of the App Land Tifit Group Shelton,WA 98584 Phone: (360)426-9713 Transaction Identification Data for reference only: Issuing Agent: Mason County Title Company Issuing Office: 130 W Railroad Avenue, PO Box 278, Shelton, WA 98584 Issuing Office's ALTA®Registry ID: 1141422 Loan ID Number: Commitment Number: 20191734 Property Address: None assigned, WA Revision Number: Escrow Officer: Donna Dotson-Phone: (360)427-8088 -Email: donna.d@masoncountytitle.com Title Officer: Dennis Pickard- Phone: (360)426-9713 -Email: dennis.p@masoncountytitle.com Customer Reference: /Mason County 1. Commitment Date: March 05, 2019 at 8:00 A.M. 2. Policy to be issued: Proposed Policy Amount ALTA Owner's Policy(6/17/06)-(X) Standard ( ) Extended TBD Premium: Tax: Total: Proposed Insured: To be determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. The Title is,at the Commitment Date, vested in: Mason County, a municipal corporation 5. The Land is described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 1 of 2 Authentisign ID:1509AFEA-738C42D8-BCB2-EA05F66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot thirteen (13), Block one (1), Shorecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 01013 Abbreviated Legal: Lot 13, BLK 1, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-01013 Purported Address: None assigned, WA 07/23/2019 [SYS] [A 07/23/2019 07/23/2019 [531] P] 07/23/2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy the Commitment Conditions Schedule A;Schedule B,Part I-Requirements,and Schedule B, Part 11-Exceptions. ORT Form 4690 WA A 08101116;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:1509AFEA-738C-42D8-BCB2-EAOSF66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Order No.: 20191734 REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums,fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3"on top of first page, 1"on sides and bottom, V on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 '/" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. If assignment or reconveyance reference to auditor's file number of subject deed of trust. Names of grantor(s)and grantee(s)with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section,township, range and quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3"top margin This page is only a part of a 2016 ALTA&Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,-the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part II-Exceptions. ORT Form 4690 WA 08/01/16;TC 0410218 Schedule B I ALTA Commitment for Title Insurance Page 1 of 1 Authentisign ID:1509AFEA-738C-42D8.BCB2-EA05F66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191734 Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien,encumbrance, adverse claim,or other matter that appears for the first time in the Public Records or is created, attaches,or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions as follows: 1. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, question of location, boundary and/or area; or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4, Any lien or right to a lien for services, labor, equipment or material not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer,water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. G. (a) General taxes not now payable; (b) special assessments and/or special levies, if any, that are not disclosed by the public records; (c) taxes or assessments that are not yet liens; (d) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. SPECIAL EXCEPTIONS FOLLOW This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,-the Commitment Conditions;Schedule A;Schedule B,Part l-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule B If ALTA Commitment for Title Insurance Page 1 of 4 Authentisign ID:1509AFEA-738CA2DB-BCB2-EAOSF66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191734 Exceptions 1. PROTECTIVE COVENANTS recorded July 12, 1961,Auditor's File No. 189105. DEDICATION as shown on said Plat. BYLAWS of Shorecrest Water Company, Inc. These are not of record. ARTICLES OF INCORPORATION of Shorecrest Beach Club, Inc., recorded under Auditor's File No. 599886, BYLAWS recorded under Auditor's File Nos. 622318, 1880668, 1961005,2026183, 2041228, and 2066386; RULES AND REGULATIONS recorded under Auditor's File Nos. 604857, 630620, 1792523, 1856125, 1866277, 1896167, 1987563, 2046081, 2062571, and 2077457; RESOLUTIONS recorded under Auditor's File Nos. 612841, 612842, 648232, 1692177, 1692178 (rerecorded under Auditor's File No. 1762292), 1749211, 1749529 and 1753759; POLICIES AND PROCEDURES recorded under Auditor's File Nos. 1749212, 1749213, 1965323, and 2061897. Refer to instruments for a more particular statement. 2. General taxes: First half due April 30; Second half due October 31: Year: 2019 Amount Billed: $00.00 Amount Paid: $00.000 Amount Due: $00.00, plus interest and penalty if delinquent Tax Account No.: 32021 56 01013 Levy Code: 91 Land: $6,000.00 Improvements: $2,750.00 Said taxes as billed for the current year reflect an exemption due to ownership by a Washington municipal corporation. Any change in ownership of said premises which does not qualify for a continuance of the exemption will result in a prorated tax assessment of an amount unknown, as computed without reduction for said exemption. Contact the Mason County Assessor(360)427-9670 ext.475 at least five(5) business days prior to the closing of any sale for revised tax assessments. The records of the Mason County Treasurer indicate outstanding"Fees"assessed in 2012 in the amount of $887.31. 3. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of unincorporated Mason County. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%and the levy code is 91. 4. Potential lien in favor of Shorecrest Beach Club, Inc., for any unpaid community dues and assessments, as provided in Bylaws recorded October 18,2006,Auditor's File No. 1880668, and as may thereafter be amended. Status: Not of record; contact claimant directly for current status (This exception is for the purpose of disclosing that a lien may be claimed for any amounts now or hereafter unpaid, NOT to indicate whether or not there are any presently unpaid amounts constituting such a lien) 5. Owner's policy coverage to be verified through written instructions or a complete copy of the purchase and sale agreement should be submitted. 6. Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,'the Commitment Conditions;Schedule A;Schedule B,Part 1-Requirements;and Schedule B,Part II-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule B II ALTA Commitment for Title Insurance Page 2 of 4 Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191734 Exceptions 7. We e-record documents with the county. Please make excise tax and recordingfees payable to Mason County Title Company. Recording packages received with excise tax payable to the county will not be recorded the same day. E-Recording Benefits. 8. Recording fees charged by the county are billed as follows: Deeds - $99.00 for the first page and $1.00 for each additional page. Deeds of Trust-$100.00 for the first page and $1.00 for each additional page.Additionally, there is a$4.36 e-recording surcharge per document. 9. Lien of real estate excise tax upon any sale of said premises, if unpaid Real estate excise tax on said property is subject to tax at the rate of.0178. effective July 1, 2005, an additional$5.00 processing fee is required. Note: If your transaction includes recording of tax exempt documents there is a $10.00 processing fee to the County Treasurer. End of Special Exceptions This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B, Part Il-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule B II ALTA Commitment for Title Insurance Page 3 of4 Authentisign ID:1509AFEA-738C-42D8-BCB2-EAOSF66E614B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191734 Exceptions NOTES NOTE A: In order to assure timely recording all recording packages should be sent to: Mason County Title Company, 130 W Railroad Avenue, PO Box 278, Shelton, WA 98584 Attn: Recorder NOTE B: Notice- Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana,Attorney's Title of Kitsap is not able to close or insure any transaction involving real estate that is associated with these activities. For a short video covering this subject click here: Concerns When It Comes to Legalized Marijuana in Real Estate NOTE C: The records of County and/or our inspection indicate that the address of the improvement located on said land is . NOTE D: In the event of cancellation, a cancellation charge may be made. NOTE E: There are no deeds affecting said land recorded within 24 months immediately preceding the effective date of this commitment. KMM This page is only a part of a 2016 ALTA®Commitment for Tdle Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy,'the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part II-Exceptions. ORT Forth 4690 WA A 08/01116;TC 0410218 Schedule B II ALTA Commitment for Title Insurance Page 4 of 4 Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.ALL CLAIMS OR REMEDIES SOUGHTAGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,Old Republic National Title Insurance Company,a Florida Corporation(the"Company"), commits to issue the Policy according to the terms and provisions of this Commitment.This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date,this Commitment terminates and the Company's liability and obligation end. This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy,, the Commitment Conditions; Schedule A; Schedule B, Part I– Requirements; and Schedule B, Part It–Exceptions. Issued through the Office of QLD REPUBLIC NATIONALTRLE INSURANCE COMPANY Mason County Title Company AStock CMrapany 124 N 2nd Street 490 Second Avenue South,Minneapolis Minnesota 55401 PO Box 278 (6121371-1111 Shelton, WA 98584 BY President ORT Form 4690-WA 8-1-16 ALTA Commitment for Title Insurance Attest � Secrewf' Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E6148 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge"or"Known":Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land":The land described in Schedule A and affixed improvements that by law constitute real property.The term "Land"does not include any property beyond the lines of the area described in Schedule A, nor any right,title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes,ways,or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage":A mortgage, deed of trust,or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title":The estate or interest described in Schedule A. 2. If all of the Schedule B, Part[—Requirements have not been met within the time period specified in the Commitment to Issue Policy,this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (t) Schedule B, Part II—Exceptions;and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim,or other matter recorded in the Public Records prior to the Commitment Date,any liability of the Company is limited by Commitment Condition 5.The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate,with the Company's written consent, any Schedule B, Part II—Exceptions;or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i)through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event,the Company's liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy,, the Commitment Conditions, Schedule A; Schedule B, Part 1— Requirements; and Schedule B, Part 11—Exceptions. ORT Form 4690-WA B-1-16 Page 2 ALTA Commitment for Title Insurance Authentisign ID:1509AFEA-738C42D8-BCB2-EA05F66E614B 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued,this Commitment,as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations,and proposals of any kind,whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide.A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I–Requirements;and Schedule B, Part 11–Exceptions. ORT Form 4690-WA 8-1-16 Page 3 ALTA Commitment for Title Insurance Authentisign ID:1509AFEA-738C-4208-BCB2-EA05F66E614B WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? ,in Financial companies choose how they share your personal information.Federal law gives consumers €h the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us.This information can include: • Social Security number and employment information • Mortgage rates and payments and account balances Checking account information and wire transfer instructions When you are no longer our customer,we continue to share your information as described in this notice. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' « personal information;the reasons Old Republic Title chooses to share;and whether you can limit this sharing. Does Old RepublicCan you limit Reasons we can share your personal information Title share? this.sharing? For our everyday business purposes — such as to process your transactions, maintain your account(s),or respond to court orders and Yes No legal investigations,or report to credit bureaus For our marketing purposes— NO to offer our products and services to you We don't share For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes— information about your transactions and experiences Yes No For our affiliates'everyday business purposes— No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For non-affiliates to market to you No We don't share • Go to www.oldrepublictitle.com (Contact Us) File No.:20191734 Page 1 of 3 Authentisign ID:1509AFEA-738C-42D8-BCB2-EA05F66E614B N NAS, ON COUNTY TITX t,E OMPA Part of the Aegis Land Title Group Property Address: Vacant Land, Shelton, WA 98584 Shorecrest Terrace Third Addition (Volume 5, Pages 92-93) c t 0 -� S ti rY L;�N� , ATCY1 �,1N 24. �- ��, au - ✓ r a t w r• 25 r�; s 14 )� 2 '�� o vi 6` F i. r This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. [SIS] 130 W Railroad Ave,Shelton,WA 98584 Phone: (360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID!1509AFEA-738C-42D8-BCB2-EA05F66E614B N KASON C. O U NTY TITLE COMPANY Part of the Aegis Land Title Group v , rl M I •I • This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matters related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 07/23/2019 07/23/2019 [S YS] Ix 11 P] C 07/23/2019 07/23/2019 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:1509AFEA-738C-42D8-BCB2-EAOSF66E6148 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot thirteen (13), Block one(1), Shorecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 01013 Abbreviated Legal: Lot 13, BLK 1, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-01013 Purported Address: None assigned, WA 07/23/2019 ISYS] [A 07/23/2019 07/23/2019 �]�J 1J(3 07/23/2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 INA A 08101/16;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign to:1509AFEA-738C-42D8-BC82-EA05F66E614B Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 23rd 2019 1 between Steven J. & Debi J. Smith Brandon & rystal Jennmnqs ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 160 E Panorama Dr (Parcel # 32021-56-01013) Shelton WA 98584 (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 6. Buyer shall pay all current and past due Association dues. 1213 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 IS-7s] 07/23/2019 [J931] 07/23/2019 Buy In )53/2019 Date �niti*23/2019 Date Seller's Initials Date Seller's Initials Date Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416127 160 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 13 BLK: 1 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd fi 414_ Type: Vacant Land CDOM: 67 AR: 176 TAX: 320215601013 OLP: $5,000 :r MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: ' Crestview,left on Panorama to LD: 03/15/2019 appoximate address on right XD: 10/16/2019 OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 CAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.200 LSF: 8,712 LSZ: 70x124 WFG: DOC: CCRs WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title#20191734 Marketing Remarks: This lot,located in Shorecrest,offers protective CCBR's,community swimming pool,saltwater access and clubhouse.This property is covered with trees and brush.The property slopes between Panorama Dr and Bridger Lane and may make an ideal lot to build a daylight basement home. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/24/2019- 9:46AM e.....� Form 25 � ©Copyright 2019 Vacant Land Purchase&Sale n 2-106.rte"` .._ ? Northwest Multiple Listing Service Rev.7119 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of SPECIFIC TERMS 1. Date: August 01,2019 MLS No.: 1416136 Offer Expiration Date: 8/9/2019 2. Buyer: Edith C Harris An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seller 4, Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215601019 240 E Panorama Drive Shelton Mason WA 98584 Address City County State ZIP 5. Purchase Price: $4,000.00 Four Thousand Dollars 6. Earnest Money: $ 250.00 0 Check; ❑ Note; ❑ Other (held by.❑ Selling Firm; 0 Closing Agent) 7. Default: (check only one)0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Company Individual(optional) 10. Closing Date: 9/2/2019 r)f&,Cjy'p_ Possession Date: 0 on Closing; ❑ Other 11, Services of Closing Agent for Payment of Utilities: 0 Requested(attach NWMLS Form 22K);❑Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer;0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S. income taxation i 14. Subdivision:The Property:0 must be subdivided before ;0 is not required to be subdivided j 15. Feasibility Contingency Expiration Date:0 30 days after mutual acceptance;❑ Other 16, Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑ both parties; ❑neither party Listing Broker represents: 0 Seller; ❑both parties { 17. Addenda: 22D(Optional Clauses) 22EF(Tunds Evidence) 22K(Utilities) 22LA(Land/Acreage) i 22T(Title Contingency) 11 I Exhibit A-Legal Description I r �1 I Buyer's Signature VDat Seller's Signature Date Buyer's Signature Date Seller's Signature Date PO BOX 1691 Buyer's Address Seller's Address Kingston WA 98346 City,State,Zip City,State,Zip 360-2044696 (360)427-9670 Phone No. Fax No. Phone No, Fax No. Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Shawna Shelton 121581 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)549-6658 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address shawnashelton@gmail.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 1370087 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. r I l Form 25 ©Copyright 2019 Vacant Land Purchase.&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service. Rev.7113 ALL RIGHTS RESERVED Page 2of5 GENERAL TERMS Continued 1. a. Purchase Price.Buyer shall pay to Seller the Purchase Price, including.the Earnest Money, in cash at Closing, unless 1 otherwise specified in this.Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds,.including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to theextent otherwise specified in this Agreement. The parties 4 shall use.caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form.W-9. Interest,.if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Eamest Money into, the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing.if the Buyer does not complete an IRS 15 Form W-9 before Selling Firmmust deposit the Earnest Money or the Earnest Money is$1.0,000..00 or less,the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm.or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 19 verification..of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein, 21 Upon termination of this.Agreement, a party or the Closing.Agent may deliver a form authorizing the release of Earnest 22 i Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the.demand to the other party within 15 days. If 25 i the other party does not object to the.demand within 20 days of Closing Agent's notice, Closing Agent shall disburse..the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent. shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified:in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. if either party fails to authorize the. release of the Earnest Money to the other party when required to do so 35 i under this Agreement, that party shall be in breach of this Agreement.For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money.The parties authorize the parry commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following .shall not cause the title to be unmarketable: rights, reservations,covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved.oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent: Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 44 j conveyed by a Statutory Warranty Deed. If this Agreement is for.conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property.has been short platted,the Short Plat number in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50. cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for tale insurance shall 51 pay any title cancellation fee,.in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53, title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances,be refunded to the Buyer,less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated Buyer shall have no sight to:specific performance or damages as a 58. consequence of Seller's inability to provide insurable title_ 59 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date I Forrn 25 CCopyright 2019 Vacant Land Purchase$Sale Northwest Multiple.Listing Service Rev,7/18 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED I Page 3 of 5 G E N E RA L TE RM S Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing"means the 60 j date on which all documents are recorded and the sale:proceeds are available to Sailer..If the;Closing Date falls on a 61 I Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is.not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed.Buyer shallbe entitled to possession at 9:00 p.m.on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is,provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall.not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting:the.Property which have terms<extending beyond Closing without first 68 obtaining Buyer`sconsent,which shall not be unreasonablywithheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange; then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so:, and so long as any expenses (including attorneys.'fees and 72 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating .73 party at or prior to Closing.. Notwithstanding the Assignment paragraphof this Agreement, any party completing a 74 i Section 1031: like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year,. rent, interest, 78 and lienable homeowner's association dues,shad be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance,unless provided otherwise in this Agreement. If any 00 i payments are delinquent on encumbrances which will remain after Closing,,.,Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to:be paid by, Seller. Buyer shall pay for remaining fuel in,the fuel tank if, 82 i priorto Closing,.Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 I such statement to the.Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 i Specific Term No. 11., Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid.utility charges in accordance with RCW 60.8.0 and Seiler shall provide the.names and addresses of all utilities 86 j providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify theexistence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing.Seiler will pay such:charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming.due after Closing shall be paid 91 as agreed in.Specific Term No.12: 92 h. Sate Information. Listing Broker and Selling Broker are authorized to report this Agreement:(including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers,and anyone 94 else related to this sale. Buyer and Sellef expressly authorize all Closing Agents, appraisers,title insurance companies; 95 and others relatedto this Sale,,.to furnish the Listing Broker and/or Selling Broker, on request; any and all information 96 and copies of documents concerning this sale. 97 1. Seller Citizenship and FiRPTA.Seller warrants that the identification of Seller's citizenship status forpurposes of U.S. 98 income taxation in Specific Term No: 13 is correct.Seller shall execute a:certification(NWMLS Form 22E or equivalent} 99 under the Foreign investment in Real Property Tax Act("F.IRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person.for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA,.Closing:Agent is instructed to withhold and pay the required amount to the internal Revenue Service._ 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of. offers or 103 counte...roffers) must be in writing.Notices to Seller must.be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker,or at the licensed office of Listing Broker.Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer; by 106 Soiling Broker,or at the licensed office of Selling Broker.Documents related to this Agreement,such as NWMLS Form 1.07 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate,. 108 and all other documents shall be..delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 1,09 t Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of.a notice. .t10 i Facsimile transmission of any notice or 'document shall constitute delivery. Email transmission of any notice or 111 document(or a direct.link to such notice or document)shall constitute deliverywhen: (i)the e-mail issentto both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the:e-mail addresses specified on.page one of this 113 Agreement; or(ii)SellingBroker or Listing Broker provide written acknowledgment of receipt of the.e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment):. At the request of either party, or the Closing Agent, the 1.15 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 1..16 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date I Form.25 QCopyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED ' Page 4o 5 GENERAL TERMS Continued k. Computation of Time..Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in:this Agreement shall start on the day following the event commencing the period and shall expire of 9:00 p.m of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday,Sunday 119 or legal holiday as defined in RCW 1.16:050,:the.specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date,shall not include Saturdays,Sundays or legal holidays.If the parties agree that an event will occur on a 1.22 specific calendar date, the event shall occur on that date, except for the Closing Date,which, if it falls on a Saturday; 123 Sunday, legal holiday as defined in RCW 1.16..050,or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday,legal holiday,or day when.the county recording.office is.closed. If the parties 125 agree upon.and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures..This Agreement constitutes the entire understanding between the parties and 130 1 supersedes all.prior or contemporaneous understandings and representations. No modification of this Agreement shall 1.31 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyers rights hereunder,without Seller's prior written consent, 134 Unless the parties indicate that assignment is permitted by the addition of"and/or assigns'on the:line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision,as identified in Specific Term No..7,shall apply: 1'38 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent(5%) of the 139 i Purchase Price shall be forfeited to the Seller as the sole and exclusive.remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option,(a)keep the Earnest Money as liquidated-damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, .(c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional.Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review; However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding.the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees.and expenses. 149 p. Offer. This offer must be accepted.by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received'by the other party, by the other party's broker, or at the licensed 151 Office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall.be refunded to Buyer.. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Sellers warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m, on the counteroffer expiration date .to accept that 156 j counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 ! party., the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted,it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. 'if no :expiration date is specified for an offer/counteroffer, the 160 offertcounteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offedcounteroffer, 161 Unless sooner withdrawn. 162 i s. Agency Disclosure. Selling Firm, Selling Firm's Designated_Broker, Selling Broker's Branch Manager (if any) and 1.63 Selling Broker's Managing Broker(if any)represent the same party that Selling Broker represents. Listing Firm. Listing 164 .Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer anal Seller confirm their consent to and. Broker, Branch Manager 167 (if any),and Managing Broker(if any)representing both parties as dual agents. If Selling Broker and Listing Broker are 188 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any),.and Managing Broker(if any)representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled'The Law of Real Estate Agency." 171 A-11jv Buye s Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Form 25 CCopyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7119 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 5of5 GENERALTERMS Continued L. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are.a party. The Listing Firm'scommission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling firm, as.applicable, a portion of their 175 funds In escrow equal to such commission(s)and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 .under this Agreement. 179 u. Feasibility Contingency, it is the Buyer's responsibility to verify before the Feasibility:Contingency Expiration Date 18.0 identified in Specific Term No,15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future)and whatit will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city.or county,and water, sewer or other special districts in 183 which the Property is.located._Buyers inquiry should include,but not be limited to:building or development moratoriums 184 applicable to or being considered for the Property,any special building requirements includingsetbacks,height limits or 185 restrictions on wherebuildings may be constructed on the Property;whether the Property is affected by a flood zone, 186 Ii wetlands,shorelandsor other environmentally sensitive area; road,school,fire and any other growth mitigation or impact 187 fees that must be paid, the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water,sewer and utility and any service connection charges;and all other charges that must be paid.Buyer and 189 Buyers agents, representatives, consultants, architects and engineers shall have tate right, from time to time during and. 1.90 I after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to: 191 ascertain the condition and suitability of the Property for Buyers intended purpose. Buyer shall restore the Property and 1,92 all improvements on the Property to the same condition they were in prior to the inspection.Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf.`If the,Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall. be 1.95 conclusively deemed that Buyer is satisfied as to development.and/or construction feasibility and cost. If Buyer gives 196 j notice this Agreement shall terminate and:the Earnest Money shall be refunded to Buyer,less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining, permits or other approvals Buyer may reasonably require for Buyer's '198 intended use of the Property;provided:that Seller shall not be required to incur any liability or expenses In doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and It.his:Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. if the final plat is not recorded by such date, this Agreement shall terminate and 262 the Earnest Money shall be refunded to Buyer. 203 w, Information Verification Period. Buyer,shall have 10 days after mutual acceptance to verify.all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 i identifying the materially inaccurate information within 10 days.of mutual acceptance. If Buyer gives timely notice under 206 I this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer.Buyer and Seller agree,that except as provided in this Agreement all representations 208 and information.regarding the Property and the transaction are solely from the Seller or Buyer,and.not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none- of the.Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 I addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 21.3 building materials, including siding, roofing; ceiling, insulation, electrical,, and.plumbing, that have been the subject of.214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems, Brokers do not have the 216 i expertise to identify or assess defective products, materials; or conditions. Buyer is urged to use due diligence to 217 1{ inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the .presence of defective 218. i materials and evaluate the condition of the Property as there may be defects that.may only be revealed by careful 219 inspection.Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs.Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake,landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist.the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be eesponsibie for the services provided by those third 224 parties.The.parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 1 1 f Form 22D copyright 2019 j Optional Clauses Adderdum Northwest Multiple Listing Service i Rev.7119 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page t of 2 PURCHASE &SALE AGREEMENT ! The following is part of the Purchase and Sale Agreement dated July 29,2019 1 tt between Edith C Barris (''Buyer") 2 i 3uY^r Buyer i and Nilason County ('Seller") 3 Setler Seiler concerning 240 E Panorama Drive Shelton SVA 98584 (the"Property). 4 Address city SWe Zip CHECK IF INCLUDED: 5 1. 0 Square f=ootage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings)on 8 s` the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 s a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 Cl Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. 0 Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. 0 Personal Property. Unless otherwise agreed, Sellershall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 i 5. ❑ Utilities.To the best of Seller's knowledge,'Seller represents that the Property is connected to a: 28 ❑ public water main; O public sewer main; ❑ septic tank; ❑ well (specify type) ; 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑ telephone; 30 ❑ cable: ❑ electricity; ❑ other 31 i 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 1 I I Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in)of receipt of the lease(s)or the date that the lease(s)are due,whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected iterri and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. lid Homeowners' Association Review Period, if the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days(10 days if not filled in)of mutual acceptance: 50 , r a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants,conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6)months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 5 days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 1 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. lid Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 j or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 ' shall be paid by id Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Items)"), Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 I 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in)of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 62,44 R=,-�nley Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Form 22EF Wopyrighf2019 Evidence of Funds Addendum Northwest Multiple Listing Service Rev. of EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED I Page of 1 i TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 29,2019 1 1 between Edith C Harris ("Buyer") 2 t Buyer Buyer s and INfason County ("Seller") 3 Seller Seller concerning 240 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 I contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 I other property or stock, retirement funds,foreign funds, a gift, or future earnings. 13 2. W EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 3 days (3 days if not 15 filled in)of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 ; Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF CONTINGENT FUNDS. Buyer is relying on Contingent Funds for the Purchase.Price: 22 Cl Loan: 23 E ❑ Sale of the following owned by Buyer: 24 i ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds (describe): 26 I 27 i ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 If Buyer disclosed that Buyer is obtaining a loan, Seller shall permit an appraisal of the Property and inspections 35 required by lender, including but not limited to structural, pest, heating, plumbing, roof, electrical, septic, and 36 well inspections. Seller isnot obligated to pay for such inspections unless otherwise agreed. 37 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Section 3 are not 38 available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 39 Agreement. 40 re Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date i l �:=1 Form 22Kweco pyright2019 Identification rvi fication of Utilities Addendum Northwest Multiple Listing Sece Rev. of IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Rage I of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Safe Agreement dated July 29,.201.9 1 between Edith C Rartis ("Buyer') 2 Buyer Buyer and Mason County ("Seiler") 3 Seder .. Seller concerning 240 E Panorama Drive Shelton WA 98584 (the'Property'.). 4 Address city state Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting :the Property. The names and addresses of all utilities 6 j providing serviceto the Property and having lien rights are as follows: 7 I WATER DISTRICT; Shorecrest Water.Dept 8 Name e-mail or website(optional) 9 Address j 10 ' City,State,Zip Fax.No.(optionaq. SE',A/ER DISTRICT: 11 i Name e-mail or website.(optional) l 12 Address 13 City"State.,Zip fax.No,(optional) IRRIGATION DISTRICT: 14 Name e-mail or website(optional) 15 i Address 16 i City,State,Zip Fax,No.(optional) GARBAGE: Mason County Garbage 17 r Name e-mail or.website(optional) 18- Address 19 City.State,Zip. Fax.No-.(optional) I ELECTRICITY: PUD#3 20 Name a=mail or website(optional) 21 Address 22 City,State,Zip Fax.No.(optional) GAS: 23 Name a trim!or website(optional) 24 Address 25 I City,,State,Zip Fax.No.(optional) j SPEC4AL DISTRICT(S); 26 (local improvement districts or Name e-mail or website(optional) utility local improvement district 5) 27 Address 28 i City,State,zip Fax.No.(optional) If the above information has not been filled in at the time of mutual acceptance of this Agreement; then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement,. Seller shalt provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay.all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are notresponsible for,or 35 to insure payment of,Seller's utility-charges. 36 Buyer's Initials Date Buyers initials. Date Seller's Initials Date Seller's Initials Date Form 22 L&A @Copyright 2619 Land&Acreage Addendum 'n� yy �','^'`°�^^ Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 1 of LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated July 29,2019 1 between Edith C Harris ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 240 E Panorama Drive Shelton WA 98584 Address clay Slate Zip (the"Property"), 4 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and comers identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by qualified professionals for organic and inorganic materials, including, but not limited 21 to bacteria, coliform, lead, arsenic, nitrates, and uranium. A generally accepted method for determining water 22 quantity produced by a well is to have a test conducted by experts to determine gallons per minute. Buyer 23 understands that the results of such tests only provide information regarding water quality or quantity at the 24 time of the test(s) and provide no representation or guarantee that results will not change or vary at other 25 times. 26 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 27 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 28 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 29 to be paid if the use classification is changed or withdrawn at Closing or in the future. 30 f. A generally accepted method for determining the value of timber growing on the Property is to have a 31 qualified forester or forest products expert"cruise"the Property and give a written valuation. 32 g. On-site sewage systems should be inspected by qualified professionals licensed by the local municipality. If 33 there is an on-site sewage system on the Property that has not been recently used, Buyer should consider 34 conducting a purge test and other inspections to determine whether there are any defects in the system. A 35 purge test consists of introducing water into the system to determine whether the system is functioning 36 properly. 37 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 38 title to the Property is transferred. 39 i. Seller may have entered into lease or rental agreements that extend beyond the Closing Date. Buyer should 40 use due diligence to investigate such agreements. 41 j. Seller shall have the right to harvest all crops in the ordinary course of business until the Possession Date. 42 Buyer's Initials Dae Buyer's Initials Date Seller's Initials Date Seller's Initials Date Form 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev,7/19 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 43 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 44 The work to be performed shall be timely ordered by the party responsible for payment, except for the 45 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 46 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 47 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 48 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 49 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 50 the applicable contingency period, then the respective contingency shall be deemed waived. 51 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 52 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 53 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 54 Paid by Paid by Contingency period 55 Buyer Seller (10 days if not filled in) 56 ❑ ❑ 1. Survey. Completion of survey to verify information regarding days 57 the Property as listed in 1(b), with results of the survey to be 58 satisfactory to Buyer in Buyer's sole discretion. Seller shall 59 provide any prior surveys of the Property to Buyer,if available. 60 ❑ ❑ ii. Perc Test. Perc or similar test, conducted by a qualified days 61 ' professional, indicating that the Property is suitable for 62 installation of conventional septic system and drain field. If 63 the sale fails to close, the party who paid for the perc test 64 shall fill in holes at their expense within two weeks of the 65 f date the transaction is terminated. Earnest Money shall not 66 i be refunded to Buyer until perc holes are filled in if this is 67 i Buyer's responsibility, 68 ❑ ❑ iii. On-Site Sewage System. The on-site sewage system days 69 ("OSS") shall be inspected and, if the inspector determines 70 i necessary, pumped by a qualified professional. If Seller had 71 the OSS inspected within months(12 months if not 72 filled in) of mutual acceptance and Seller provides Buyer with 73 written evidence thereof, including an inspection report, there 74 shall be no obligation to inspect and pump the system unless 75 otherwise required by Buyer's lender. If VA financing is used, 76 Buyer's lender may require certification of the OSS. If Seller 77 has not already conducted an inspection,Buyer shall have the 78 right to observe the inspection. 79 The OSS inspection ❑ shall; ❑ shall not include a purge 80 test to determine if the OSS is functioning properly. 81 Seller shall deliver to Buyer the maintenance records, if 82 available, of the OSS serving the Property within 83 days(10 days if not filled in)of mutual acceptance. 84 ❑ ❑ iv. Water Quality. Water quality and/or purity tests showing days 85 water meets the approval standards of the Department of 86 Ecology and the standards of the governing county. Water 87 quality tests to be performed by a qualified professional. 88 Water quality and/or purity tests ❑ shall; ❑ shall not be 89 submitted to a private lab for further evaluation. 90 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 1 Form 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7119 ALL RIGHTS RESERVED Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ ❑ v. Water Quantity. Water quantity tests (4 hour draw down days 91 test or other test selected by Buyer) showing a sustained 92 flow of g, p, m., which Buyer agrees will be 93 adequate to reasonably meet Buyer's needs. Water 94 quantity test to be performed by a qualified professional. 95 ❑ ❑ vi. Timber. Timber cruise conducted by a qualified forest days 96 products expert of Buyer's choice, with results of the cruise 97 to be satisfactory to Buyer in Buyer's sole discretion. 98 3. ADDITIONAL PROVISIONS (check as applicable) 99 to Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 100 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 101 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 102 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 103 j the condition and capacity of irrigation pumps, system and wells,the adequacy of water rights for the Property, 104 i the licensure of wells, permitted or certificated water rights for the Property,the location and size of any critical 105 area on the Property, the number and location of approved road approaches from public roads, and the 106 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 107 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 108 any investigations, Buyer shall not interfere with any existing tenants'operations on the Property, 109 This feasibility study contingency shall conclusively be deemed waived unless within 30 (10 days if 110 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 111 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 112 ! ❑ Irrigation and Water Seller represents that there are shares of irrigation/frost 113 j water rights applicable to the Property, all of which will be transferred to Buyer at Closing. The parties should 114 consult with an attorney to facilitate the transfer of any water rights. 115 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 116 I interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 117 Closing Date,there are no defaults under the leases and no condition exists or event has occurred or failed to 118 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 119 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 120 i extent delegated to and assumed by Buyer hereunder. 121 it ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 122 before . A party shall conclusively be deemed to have waived this contingency unless 123 notice in conformance with this Agreement is provided to the other party by the foregoing date. 124 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 125 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 126 j and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; 0 corrals and 127 pens; ❑ gates and fences; ❑ chutes; ❑other: 128 The value assigned to the personal property included in the sale shall be $ 129 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 130 ❑ CRP Program. Buyer must assume all Conservation Reserve Program ("CRP"), Wetland Restoration Program 131 ("WRP"), or similar program contracts and agree to continue them through the expiration date of each such contract. 132 All documentation for the assumption shall be completed prior to the Closing Date and must be approved by the USDA 133 or applicable government agency prior to Closing.Any applicable program payments shall be prorated as of Closing. 134 Seller shall deliver to Buyer all documents related to such programs within (10 days if not filled in) 135 after mutual acceptance. This Agreement is conditioned on Buyer's approval of the program documents. This 136 contingency shall be deemed waived unless Buyer gives notice of disapproval within days (5 days 137 if not filled in) after receipt of the program documents. If Buyer gives timely notice of disapproval, the 138 Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 139 -�- CY Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Form 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 14o documents within (20 days if not filled in)of mutual acceptance: 141 142 143 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 144 not filled in) of receipt of the above documents or the date that the above documents are due, then this 145 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 146 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 147 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 148 of the Property recommends further evaluation of the Property, Buyer shall have an additional 149 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 150 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 151 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 152 additional inspections, the applicable contingency period shall be replaced by the additional period specified 153 above, The time for conducting the additional inspections shall commence on the day after Buyer gives 154 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 155 the Agreement. 156 6. TAX DESIGNATION. 157 i a. Classification of Property. Seller represents that the Property is classified as C3 open space 158 I ❑farm and agricultural ❑timberland under Chapter 84.34 RCW. 159 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 160 Closing and the Property shall be removed from its classification.All additional taxes, applicable interest, 161 and penalties assessed by the county assessor when the Property is removed from its classification shall 162 be paid by❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares (Seller if no box is checked). 163 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 164 of classification continuance at or before the time of Closing. Seller and Buyer shall timely complete all 165 documents necessary to continue the classification. The notice of classification continuance shall be 166 attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a notice 167 of classification continuance, the county assessor must reassess the Property's taxable value and 168 retroactively impose additional taxes, applicable interest, and penalties, which Buyer shall pay. 169 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date { �— t Form 22T 1 Word Wpm ©Copyright 2015 Title Contingency Addendum vtow- Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated Julv 29,2019 1 i between Edith C flarris ("Buyer") 2 Buyer Buyer and Mason Count" ("Seller") 3 Seller Seller I s concerning 240 E Panorama Drive Shelton SVA 9858.3 (the"Property"). 4 Address City State Zip ' i i 3 1. Title Contingency.This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from 9 the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 j disapproval of exceptions contained in the preliminary commitment. 9 i Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 i i i i Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date f I i Form 41A rF?Copyright 2019 I Buyer's Agency Agreement Northwest Multiple Listing Service Rev.7119 BUYER'S AGENCY AGREEMENT ALL RIGHTS RESERVED Page 1 of 2 This Buyer's Agency Agreement is made this July 29,2019 between 1 Richard Beckman Realty Group ("Real Estate Firm"or"Firm") 2 and Edith C Harris ("Buyer"). 3 Buyer gyyr 1. AGENCY. Firm appoints Shawn*Shelton ("Selling Broker") 4 to represent Buyer. This Agreement creates an agency.relationship with Selling Broker and any of Firm's brokers 5 who supervise Selling Broker's performance as Buyer's.agent(°Supervising Broker"). No other brokers affiliated. 6 ! with Firm are agents of Buyer, except to the extent that Firm, in its discretion, appoints other brokers to act on 7 , Buyer's behalf as and when needed. Buyer acknowledges receipt of the pamphlet entitled "The Law of Real 8. i Estate.Agency." g ' f 2. EXCLUSIVE. OR NON-EXCLUSIVE. This Agreement creates a 8 sole and excluslve 0 non-exclusive. (non.- IQ exclusive if not checked)agency relationship. 11 3. AREA. Selling Broker will search.for real property For Buyer located In the following geographical areas: 12 j 240 E Panorama Dr Shelton WA 98584 .1.3 f (unlimited if not filled in)("Area"). 14 4. FIRM'S LISTINGSISELLING BROKER'S OWN LISTINGS/DUAL AGENCY.. If Selling Broker locates a property 15, listed by one of Firm's brokers other than Selling Broker ("Listing Broker"), Buyer consents to any Supervising 16 Broker, who also supervises Listing Broker,acting as a dual agent. Further, if Selling Broker locates a property 17 listed by Selling Broker, Buyer consents to Selling Broker and Supervising Broker acting as dual agents, 18. 5. TERM OF AGREEMENT. This Agreement will expire (120 days from signing if not filled in) or by 19 prior written notice by either party. Buyer shall be under no obligation to Firm except for those obligations existing 20 at the time of termination, 21 6. NO WARRANTIES OR REPRESENTATIONS. Firm makes no warranties or representations regarding the value 22 4 of or the suitability of any property for Buyer's purposes. Buyer agrees to be responsible for making all inspections 23 and investigations necessary to satisfy Buyer as to the property's suitability and value. 24 4 7. INSPECTIONS RECOMMENDED. Firm recommends that .any offer to purchase a property be: conditioned on 25 Buyer's inspection of the property and its improvements. Firm:and Selling Broker.have no expertise on these 26 matters and Buyer is solely responsible for interviewing and selecting all inspectors. 27 8. COMPENSATION. Buyer shall pay Firm compensation as follows: 28 4% of the sales price 29 30 i 31 a. Exclusive. If the parties agree to an exclusive relationship in Paragraph 2 above and if Buyer.shall,during the 32 course of this Agreement, purchase a property located in the Area, then Buyer shall pay to Firm the 33 compensation provided for herein. if Buyer shall, within six (6)months after the expiration or termination of 34 1 this Agreement,. purchase a property located in the Area that, during the term of this Agreement was 35 (1)brought to the attention of Buyer byte efforts or actions of Firm, or through information secured.directly 36 or indirectly from or through Firm;or(2)a property that Buyer inquired about to Firm, then Buyer shall pay to 37 Firm the compensation provided for herein. 38 b. Non-Exclusive. If the parties.agree to non-exclusive relationship in Paragraph.2 above and if Buyer.shall, 39 during the course of or within six (E) months after the expiration or termination of this Agreement, purchase.a 40 I property that, during the term of this Agreement,.was (1) brought to the attention of Buyer by the efforts or 41 actions of Firm, or through information secured directly or indirectly from or through Firm; or (2) a property 42 that Buyer inquired about to Firm,then Buyer shall pay to Firm the compensation provided for herein.. 43 BUYER: / BUYER; l i Form 41A OCopyright 2019 Buyer's Agency Agreement Northwest Multiple:Listing Service Rev.7119 ALL RIGHTS RESERVED Page 2 of BUYER'S AGENCY AGREEMENT Continued c. MLS. Firm will utilize a multiple listing service ("MLS") to locate properties and MLS rules may require the 44 seller to compensate Firm by apportioning a commission between the Listing Firm and Firm. Firm will disclose 45 any such commission or bonuses offered by the seller prior to preparing any offer. Buyer will be credited with 46 any commission or bonus so payable to Firm. In the event that said commission and any bonus is less than 47 the compensation provided in this Agreement, Buyer will pay the difference to Firm at the time of closing. In 48 the event that said commission and any bonus is equal to or greater than the compensation provided for by 49 this Agreement, no compensation is due to Firm herein. If any of Firm's brokers act as a dual agent, Firm 50 shall receive the listing and selling commission paid by the seller plus any additional compensation Firm may 51 have negotiated with the seller.All such compensation shall be credited toward the fee specified above. 52 9. V.A. TRANSACTIONS. Due to VA regulations, VA financed transactions shall be conditioned upon the full 53 commission being paid by the seller. 54 10. NO DISTRESSED HOME CONVEYANCE. Firm will not represent or assist Buyer in a transaction that is a 55 "Distressed Home Conveyance" as defined by Chapter 61.34 RCW unless otherwise agreed in writing. A 56 "Distressed Home Conveyance" is a transaction where a buyer purchases property from a "Distressed 57 Homeowner" (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to continue to occupy the 58 property, and promises to convey the property back to the Distressed Homeowner or promises the Distressed 59 Homeowner an interest in, or portion of the proceeds from a resale of the property. 60 E 11. ATTORNEYS'FEES. In the event of suit concerning this Agreement, including claims pursuant to the Washington 61 Consumer Protection Act, the prevailing party is entitled to court costs and a reasonable attorney's fee. The 62 venue of any suit shall be the county in which the property is located. 63 12. OTHER AGREEMENTS (none if not filled in). 64 65 66 67 Buyer has read and approves this Agreement and hereby acknowledges receipt of a copy. 68 Ri a Becket nRealty Group 69 Buyer '�- Date irm ( om ny) I I r 70 Buyer Date Ilin yoke Fr PO BOX 1691 71 Address Kingston WA 9834672 City, State, Zip i 360-2044696 73 Phone Fax 74 E-mail Address i I i r II Form 34 ©Copyright.2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT I i The following is part of the Purchase and Sale Agreement dated 1 l between ("Buyer')2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning (the"Property").4 Address City State ZIP IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 4 1. This agreement is contingent upon the Mason County Commissioners approval of this I 6 purchase and sales agreement, in an open public meeting. 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 I 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 i 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 ! 22 E 23 1 l 24 25 ' 26 27 28 29 30 I ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A Lc% EXHIBIT "A" Legal Description: Lot nineteen (19), Block one(1), Shorecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 01019 J i Abbreviated Legal: Lot 19, BLK 1, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-01019 Purported Address: 240 E Panorama Drive, Shelton, WA 98584 j II 1 I i I i This page is only a part of a 2016 ALTAe Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part It-Exceptions. ORT Form 4690 WA A 08101116;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416136 240 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: BLK: CMTY: Shorecrest PRJ: Type: Vacant Land CDOM: 139 AR: 176 TAX: 320215601019 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 right XD: 10/16/2019 OMD: �y LAG: Richard Beckman(55681) PH: (360)790-1921 G FAX: (360)426-1645 PH Type: Cellular > , LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 rpt �« : r SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 70x115x90x12( WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191733 Marketing Remarks: This lot,located in Shorecrest,offers protective CCBR's,community swimming pool,saltwater access and clubhouse.This property is covered with trees and brush.The property slopes between Panorama Dr and Bridger Lane and may make an ideal lot to build a daylight basement home. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 08/01/2019- 2:OOPM NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, August 27, 2019 at 6:15 p.m. SAID HEARING will be to take public comment on the sale of parcel numbers 32021-56-01013, 160 E. Panorama Drive and 32021-56-01019, 240 E Panorama Drive. If there are questions about the proposed sales, please contact Frank Pinter at 360-427-9670 ext. 530.If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 13th day of August, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 8/15&8/22 (Bill: MC Commissioners 411 N 5'�'Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: PATTI MCLEAN Action Agend Public Hearing Other DEPARTMENT: ASSESSOR EXT: COMMISSION MEETING DATE: AUG. 13, 2019 Agenda Item # 0 Commissioner staff to complete) BRIEFING DATE: AUG. S, 2019 AND JULY 29, 2019 BRIEFING PRESENTED BY: PATTI MCLEAN, VICKIE KING, TOM GIBBONS [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: TRANSFER 2019 ASSESSOR'S OFFICE BUDGETED FUNDS FROM SALARY EXPENSE TO OPERATING EXPENSE. BACKGROUND: PURCHASING MOBILE ASSESSOR SOFTWARE AND HARDWARE RECOMMENDED ACTION: APPROVE TRANSFER OF $47,000.00 BUDGET IMPACTS: NONE, MONEY IS FROM UNFILLED POSITION AND OUR CURRENT BUDGET CAN SUPPORT THIS EXPENSE ATTACHMENT(S): 2019 BUDGET TRANSFER REQUEST FORM C:AUsers\vking`Desktop\Commission Agenda Item Summary Template.doc 2019 BUDGET TRANSFER REQUEST PLEASE SUBMIT BUDGET TRANSFER REQUESTS TO BUDGET MANAGER - SUPPORT SERVICES FUND NUMBER BARS LINE Amount Description From - 001 .000000.020.000 514.24.519998 < 47,000.00 > TRANSFER FROM SALARY TO N C v To + 001 .000000.020.000 514.24.549999 47,000.00 OPERATING EXPENSE a� t From - < N To + a� 0 From - < t a To + v v v t 0 Please indicate with ** if any of the requested Transfer To BARS lines are new and need to be added. c 0 U Authorizing signature for h department requesting transfer: EXT: s Title of authorizing signature: ` SS1—x Date: �Q-1 cm taken by Budget Manager: Transfer Approved Transfer Denied � c � o °° Budget Manager signature: Date: MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 8/13/2019 Agenda Item # g l Commissioner staff to complete) BRIEFING DATE: 8/05/2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval of the contract with KMB architects for Architectural and Engineering Services for the Mason County/Grays Harbor County Criminal Justice Study project. BACKGROUND: Both Mason and Grays Harbor Counties have requested an analysis of both Counties criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility. RECOMMENDED ACTION: Approval of the contract with KMB architects for Architectural and Engineering Services for the Mason County/Grays Harbor County Criminal Justice Study project. BUDGET IMPACTS: Total for the above listed services is $289,970. Mason County is responsible for $149,485. Grays Harbor County will pay $140,485. ATTACHMENT(S): Contract & Proposal memorandum (exhibit A) C:\Users\MDrewry\Desktop\KMB 8.13.19.doc ``�m TM Document 6203 - 2017 Y, Standard Form of Architect's Services: Site Evaluation and Project Feasibility for the following PROJECT: (Name and location or address) Mason County ADDITIONS AND DELETIONS: GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY The author of this document has added information needed for its THE OWNER: completion.The author may also (Name, legal status and address) have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added Mason County information as well as revisions to the 411 North 5th Street standard form text is available from Shelton,WA 98584 the author and should be reviewed.A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information and where the author has added to or KMB architects deleted from the original AIA text. 906 Columbia Street SW,Suite 400 Olympia,WA 98501 This document has important legal consequences.Consultation with an THE AGREEMENT attorney is encouraged with respect to its completion or modification. This Standard Form of Architect's Services is part of the accompanying Owner-Architect Agreement(hereinafter,together referred to as the Agreement)dated the 1 day of August This document provides the in the year 2019 . Architect's scope of services only (In words, indicate day, month and year.) and must be used with an Owner-Architect agreement.It may TABLE OF ARTICLES be attached as an exhibit to AIA Document B102Tm-2017,Standard 1 INITIAL INFORMATION Form of Agreement Between Owner and Architect without a Predefined 2 SITE EVALUATION AND PROJECT FEASIBILITY SERVICES Scope of Architect's Services or used with AIA Document G802T""-2017, Amendment to the Professional 3 ADDITIONAL SERVICES Services Agreement,to create a modification to any Owner-Architect 4 OWNER'S RESPONSIBILITIES agreement. 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION §1.1 The Architect's services are based on the Initial Information set forth in this Article 1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') §1.1.1 Site(s)to be evaluated: (Identify the site or sites to be evaluated by the Architect and existing buildings that are a part of the evaluation.) AIA Document B203TM—2017.Copyright©2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) Based on discussions with Mason and Grays Harbor Counties,options considered by the report are proposed to include the following: 1. Regional Grays Harbor&Mason Counties Jail Facility(Most likely located at an undeveloped site located near McCleary,WA) 2. Stand Alone Mason County Jail Facility to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) §1.1.2 The Owner's Development Objectives: (Identify the Owner's program for the Project or otherwise state the Owner's Development Objectives for the Project in terms of space requirements, anticipated structures,site features,sustainable objectives, and other relevant information) Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has a population of approximately 73,000 and a functioning jail capacity of approximately 135 beds.Mason County has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of approximately 280 inmates,which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties'criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the border of the two Counties. §1.1.3 The Architect shall retain the following consultants: (List name, discipline, address, and other information) The following summarizes the proposed project team for Phase 1 and Phase 2 of the Needs Analysis: A. Architects—KMB architects,Bill Valdez,PE,Partner;Mark Beardemphl,AIA, 906 Columbia Street SW,Suite 400,Olympia,Washington 98501,360.352.8883 B. Justice Systems Expert—Chinn Planning Inc.,Karen Chinn 388 E.Ocean Blvd,P-12,Long Beach,CA 90802,803.261.5682 C. Civil Engineering—KPFF,Marty Chase PE&Ben Enfield,PE 1601 Fifth Avenue,Suite 1600,Seattle,WA 98101,206.622.5822 D. Cost Estimating—JMB Consulting Group;Jon Bayles,Principal 4320 29th Avenue West,Seattle,WA 98199,206.708.7280 E. Alternative Funding Expert—PFIC—Jeff Tamkin&Kyle Hines 11755 Wilshire Blvd Suite 2350,Los Angeles,CA 90025,310.575.9447 §1.1.4 Other Initial Information on which the Architect's services are based: (List below other information that will affect the Architect's performance,such as the Owner's contractors and consultants,existing entitlements for land use or construction,existing encumbrances to land use,the Owner's budget for the Project, authorized representatives, and Owner confidentiality requirements) The analysis and study are proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in the Jails and Superior and District Court caseloads,calls for service,and the like,for the purposes of determining the space needs of current services and the potential for expansion of those services. 2. Analysis of County needs for Alternative Sentencing,Pre-Trial Services,End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. Inst. AIA Document B203" —2017.Copyright©2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may 2 result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) 3. Space Needs and Architectural/Site Program,with estimated square footages,based on the application of the data analysis in item 1,above,and on programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason Counties Jail Facility b. Stand Alone Mason County Jail Facility C. Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual replacement/expansions vs.a regional facility, including projected cost increases due to inflation,direct and indirect costs,and other cost information as needed, allow each County to make an educated recommendation on County's approach to the future of their Jail facilities. The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC),of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties regarding: a. the development of a joint venture regional jail facility including concept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities §1.1.5 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation. ARTICLE 2 SITE EVALUATION AND PROJECT FEASIBILITY SERVICES §2.1 The Architect shalt manage the Site Evaluation and Project Feasibility Services,research applicable design criteria,attend Project meetings,communicate with members of the Project team,and report progress to the Owner. §2.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. §2.3 The Architect shall prepare,and periodically update,a schedule of Site Evaluation and Project Feasibility Services that identifies milestone dates for decisions required of the Owner,services furnished by the Architect,and completion of documentation to be provided by the Architect.The Architect shall coordinate the schedule of Site Evaluation and Project Feasibility Services with the Owner's Project schedule. §2.4 The Architect shall submit documents regarding the Site Evaluation and Project Feasibility Services to the Owner at appropriate intervals for purposes of evaluation and approval by the Owner.The Architect shall be entitled to rely on approvals received from the Owner to complete the Site Evaluation and Project Feasibility Services. §2.5 The Architect shall prepare a site evaluation and feasibility report based on the Architect's services selected in Section 2.6.The report may incorporate written or graphic materials,and shall include: .1 an executive summary, .2 documentation of the methodology used to conduct the Architect's services, .3 the Owner's Development Objectives, .4 relevant facts upon which the report is based, .5 comparisons regarding multiple sites,if selected, Init. AIA Document B203 Tn—2017.Copyright®2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA6 Document,or any portion of it,may 3 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA / software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) .6 conclusions and recommendations,and .7 other:None §2.6 The Architect shall provide the listed Site Evaluation and Project Feasibility Services only if specifically designated below as the Architect's responsibility.Unless otherwise specifically addressed in the Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Site Evaluation and Project Feasibility Service is not being provided. (Designate the Architect's Site Evaluation and Project Feasibility Services and the Owner's Site Evaluation and Project Feasibility Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Site Evaluation and Project Feasibility Service) Services Responsibility (Architect, Owner or Not Provided) §2.6.1 Preliminary assessment of Owner's Architect Development Objectives §2.6.2 Site evaluation Architect §2.6.3 Identification of environmental requirements Architect §2.6.4 Site context description Architect §2.6.5 Cultural factor assessment Owner §2.6.6 Historic resource inventory Owner §2.6.7 Building evaluation Architect §2.6.8 Conceptual drawings Architect §2.6.9 Estimate of the cost of the Work Architect §2.6.10 Public hearings and meetings Not Provided §2.6.11 Other Site Evaluation and Project Feasibility Staffing Analysis&Programming Needs Analysis- Services Architect §2.7 Description of Services A brief description of each Site Evaluation and Project Feasibility Service is provided below. (If necessary,attach as an exhibit,or provide in Section 2.7,expanded or modified descriptions of the Site Evaluation and Project Feasibility Services listed below) §2.7.1 Preliminary Assessment of Owner's Development Objectives.Provide a preliminary assessment of the Owner's Development Objectives and identify constraints and opportunities that will impact them. §2.7.2 Site Evaluation.Evaluate the site by,as applicable:(1)performing on-site observations;(2)assessing the physical characteristics of the site;(3)assessing codes,ordinances,and regulations that impact the Owner's Development Objectives;(4)assessing utilities available to the site;and(5)assessing the access,circulation,and parking for the site. The Architect shall make recommendations to the Owner based on its site evaluation. §2.7.3 Identification of Environmental Requirements.Identify environmental requirements that may apply to the Owner's Development Objectives for the site,such as the need for environmental impact statements,assessments,documentation, testing,or monitoring. §2.7.4 Site Context Description.Describe the physical characteristics and context of areas immediately surrounding the site,including existing land uses,proposed development,and public transportation.The Architect shall also describe land use patterns,trends,or potential uses of areas immediately surrounding the site and assess the impact of the Owner's Development Objectives on the surrounding sites and community. §2.7.5 Cultural Factor Assessment.Research the history of the site,which may include historic land uses,existing structures on or adjacent to the site,archaeological significance,and other cultural factors.The Architect shall also assess AIA Document 121203TM—2017.Copyright®2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Init, is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may 4 result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) the impact of the Owner's Development Objectives on the cultural significance of the site,surrounding sites,and community. §2.7.6 Historic Resource Inventory.Prepare an inventory of buildings and other features on the site that have been identified by local,state,or federal authorities as historic,or that may have historic significance. §2.7.7 Building Evaluation.Conduct an evaluation,based on visual observation,of the existing buildings on the site.The evaluation shall summarize,in general terms:(1)the buildings'existing uses;(2)elements or components of the buildings that do not comply with applicable codes and regulations;(3)the buildings'predominant materials and their conditions; (4)the buildings'structural systems and their conditions;(5)the buildings'mechanical,electrical,and plumbing systems and their conditions;and(6)potentially hazardous materials or toxic substances in the buildings.If necessary,the Architect shall recommend further investigation of any of the above. §2.7.8 Conceptual Drawings.Prepare conceptual development drawings based on the Owner's Development Objectives. The drawings may show,as the Architect deems appropriate,land use,building placement,access and circulation of vehicles and pedestrians,parking,utilities,site drainage,landscaping,and development phasing. §2.7.9 Estimate of the Cost of the Work.Based on the Conceptual Drawings and other services provided,prepare an estimate of the cost of the work for the development of the site. §2.7.10 Public Meetings and Hearings.Attend public hearings and citizen information meetings as required to perform the services or as requested by the Owner.Prepare presentation materials as necessary for such public meetings and hearings. §2.7.11 Other Site Evaluation and Project Feasibility Services Identified in Section 2.6.11: (Describe the Site Evaluation and Project Feasibility Services, if any, identified in Section 2.6.11) Refer to scope definition in section 1.1.4 ARTICLE 3 ADDITIONAL SERVICES §3.1 Additional Services may be provided after execution of the Agreement,without invalidating the Agreement.Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Article shall entitle the Architect to compensation pursuant to Section 5.2 and an appropriate adjustment in the Architect's schedule. (Paragraphs deleted) ARTICLE 4 OWNER'S RESPONSIBILITIES §4.1 The Owner shall provide the Architect with information necessary to perform the Site Evaluation and Project Feasibility Services,which may include a program or other Owner-provided information regarding the development objectives for the Project.If necessary,the Owner shall provide the services of a surveyor,geotechnical engineer,or environmental consultant. §4.2 The Owner shall provide the Architect with any available previous studies,data,reports,surveys,or other documents which have a direct bearing on the Site Evaluation and Project Feasibility Services. §4.3 The Owner shall provide access to the property and buildings as necessary for the Architect to complete the Site Evaluation and Project Feasibility Services. ARTICLE 5 COMPENSATION §5.1 If not otherwise specifically addressed in the Agreement,the Owner shall compensate the Architect for the Site Evaluation and Project Feasibility Services described in Article 2 as follows: (Insert amount of, or basis for, compensation) Design Services+Expenses: One Hundred Forty-nine Thousand Four Hundred Eighty-five and no/100($ 149,485.00) Init. AIA Document B203m—2017.Copyright®2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may 5 result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) §5.2 For Additional Services that may arise during the course of the Project,including those under Section 3.2,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) The cost to the Architect for the Services §5.3 Compensation for Additional Services of the Architect's consultants,when not included in Section 5.2,shall be the amount invoiced to the Architect plus ten percent( 10 %),or as otherwise stated below: ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services:Site Evaluation and Project Feasibility are as follows: Init. AIA Document B203* —2017.Copyright*2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may s result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) Additions and Deletions Report for AIA`' Document B203Tm— 2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:31:53 ET on 08/05/2019. PAGE Mason County GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY Mason County 411 North 5th Street Shelton,WA 98584 KMB architects 906 Columbia Street SW,Suite 400 Olympia,WA 98501 This Standard Form of Architect's Services is part of the accompanying Owner-Architect Agreement(hereinafter, together referred to as the Agreement)dated the 1 day of August in the year 2019 PAGE 2 Based on discussions with Mason and Grays Harbor Counties,options considered by the report are proposed to include the following: 1. Regional Grays Harbor&Mason Counties Jail Facility(Most likely located at an undeveloped site located near McCleary,WA) 2. Stand Alone Mason County Jail Facility to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has apopulation of approximately 73,000 and a functioning jail capacity of approximately 135 beds.Mason Coun1y has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of approximately 280 inmates,which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties'criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the border of the two Counties. Additions and Deletions Report for AIA Document 121203T —2017.Copyright®2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) The following summarizes the proposed project team for Phase 1 and Phase 2 of the Needs Analysis: A. Architects—KMB architects,Bill Valdez,PE,Partner,Mark Beardemphl,AIA, 906 Columbia Street SW,Suite 400,Olympia,Washington 98501,360.352.8883 B. Justice Systems Expert—Chinn Planning Inc.,Karen Chinn 388 E.Ocean Blvd,P-12,Long Beach,CA 90802,803.261.5682 C. Civil Engineering—KPFF,Marty Chase PE&Ben Enfield,PE 1601 Fifth Avenue,Suite 1600,Seattle,WA 98101,206.622.5822 D. Cost Estimating—JMB Consulting Group,Jon Bayles,Principal 4320 29th Avenue West,Seattle,WA 98199,206.708.7280 E. Alternative Funding Expert—PFIC—Jeff Tamkin&Kyle Hines 11755 Wilshire Blvd Suite 2350,Los Angeles,CA 90025,310.575.9447 The analysis and study are proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in the Jails and Superior and District Court caseloads,calls for service,and the like,for the purposes of determiningthe he space needs of current services and the potential for expansion of those services. 2. Analysis of County needs for Alternative Sentencing,Pre-Trial Services,End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. 3. Space Needs and Architectural/Site Program,with estimated square footages,based on the application of the data analysis in item 1,above,and on programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason Counties Jail Facility b. Stand Alone Mason County Jail Facility C. Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual replacement/expansions vs.a regional facility, including projected cost increases due to inflation,direct and indirect costs,and other cost information as needed, allow each County to make an educated recommendation on County's approach to the future of their Jail facilities. The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC),of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties regarding: a. the development of a joint venture regional jail facility including concept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities PAGE 4 .7 other:None Additions and Deletions Report for AIA Document B203TM—2017.Copyright®2005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 2 this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) §2.6.1 Preliminary assessment of Owner's Development Objectives Architect §2.6.2 Site evaluation Architect §2.6.3 Identification of environmental requirements Architect §2.6.4 Site context description Architect §2.6.5 Cultural factor assessment Owner §2.6.6 Historic resource inventory Owner §2.6.7 Building evaluation Architect §2.6.8 Conceptual drawings Architect §2.6.9 Estimate of the cost of the Work Architect §2.6.10 Public hearings and meetings Not Provided §2.6.11 Other Site Evaluation and Project Feasibility Staffing Analysis&Programming Needs Analysis- Services I Architect PAGE 5 Refer to scope definition in section 1.1.4 §3.2 The Afehiteet shall previde Site Evaleafien and Pr-ejeet Feasibility SeFviees e3weeding the lifnits set fei4h below .2 ( ),visits to the site by theM-ch-iteet .4 Preparatie for-, a4,p lie hearings and fneetings Design Services+Exnenses: One Hundred Forty-nine Thousand Four Hundred Eighty-five and no/100($ 149.485.001 PAGE 6 The cost to the Architect for the Services §5.3 Compensation for Additional Services of the Architect's consultants,when not included in Section 5.2,shall be the amount invoiced to the Architect plus ten percent( 10 %),or as otherwise stated below: Additions and Deletions Report for AIA Document B203TM—2017.Copyright 02005,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 3 this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) Certification of Document's Authenticity AIA®Document D401 TNI — 2003 I,William J.Valdez,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:31:53 ET on 08/05/2019 under Order No.6578008226 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B203TM—2017,Standard Form of Architect's Services: Site Evaluation and Project Feasibility,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401-—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:31:53 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (1920287303) �a � a Document B102TM — 2017 c� Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the 1 day of August in the year 2019 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original AIA standard form.An Additions and Frank Pinter Deletions Report that notes added Support Services Director information as well as revisions to the Mason County standard form text is available from 411 North 5th Street the author and should be reviewed.A Shelton,WA 98584 vertical line in the left margin of this document indicates where the author and the Architect: has added necessary information (Name, legal status,address and other information) and where the author has added to or deleted from the original AIA text. Bill Valdez,PE This document has important legal Partner consequences.Consultation with an KMB architects attorney is encouraged with respect 906 Columbia Street SW,Suite 400 to its completion or modification. Olympia,WA 98501 for the following(hereinafter referred to as"the Project"): (Insert information related to types of services, location,facilities, or other descriptive information as appropriate) Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has a population of approximately 73,000 and a functioning jail capacity of approximately 135 beds.Mason County has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of approximately 280 inmates,which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties'criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the border of the two Counties.Based on discussions with Mason and Grays Harbor Counties,options considered by the report are proposed to include the following: 1. Regional Grays Harbor&Mason Counties Jail Facility(Most likely located at an undeveloped site located near McCleary,WA) 2. Stand Alone Mason County Jail Facility to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) The analysis and study are proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in Init. AIA Document B102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) the Jails and Superior and District Court caseloads,calls for service,and the like,for the purposes of determining the space needs of current services and the potential for expansion of those services. 2. Analysis of County needs for Alternative Sentencing,Pre-Trial Services,End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. 3. Space Needs and Architectural/Site Program,with estimated square footages,based on the application of the data analysis in item 1,above,and programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason Counties Jail Facility b. Stand Alone Mason County Jail Facility C. Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual replacement/expansions vs.a regional facility, including projected cost increases due to inflation,direct and indirect costs,and other cost information as needed, allow each County to make an educated recommendation on County's approach to the future of their Jail facilities. The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC),of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties regarding: a. the development of a joint venture regional jail facility including concept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities The Owner and Architect agree as follows. Init. AIA Document Ii102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAO Document Is protected by U.S.Copyright Law and Intemational Treaties. Z Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES §1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the Architect's services and incorporated into this document in Section 9.2) Refer to Exhibit A-Fee Proposal for Professional Services—GRAYS HARBOR&MASON COUNTY— CRIMINAL JUSTICE STUDY,dated May 23,2019. §1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. §1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. §1.3 The Architect identifies the following representative authorized to act on behalf of the Architect with respect to the Project. (List name, address, and other contact information) The following summarizes the proposed project team for Phase I and Phase 2 of the Needs Analysis: A. Architects—KMB architects,Bill Valdez,PE,Partner;Mark Beardemphl,AIA,Partner 906 Columbia Street SW,Suite 400,Olympia,Washington 98501,360.352.8883 B. Justice Systems Expert—Chinn Planning Inc.,Karen Chinn 388 E.Ocean Blvd,P-12,Long Beach,CA 90802,803.261.5682, C. Civil Engineering—KPFF,Marty Chase&Ben Enfield,PE 1601 Fifth Avenue,Suite 1600,Seattle,WA 98101,(206.622.5822 D. Cost Estimating—JMB Consulting Group;Jon Bayles,Principal 4320 291'Avenue West,Seattle,WA 98199,(206.708.7280 E. Alternative Funding Expert—PFIC—Jeff Tamkin&Kyle Hines 11755 Wilshire Blvd Suite 2350,Los Angeles,CA 90025,310.575.9447 Future phase of professional design services from schematic design through project closeout would be mutually negotiated with Mason County at a later date.The scope of work for design services may include Architectural, Interiors,Structural,Mechanical,Electrical,Civil Engineering,Landscape Architecture,Security Consulting, Hazardous Materials Assessment,and Cost Consulting. AIA Document 121102TM—2017.Copyright m 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) §1.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. §1.5 The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 6.2.3. §1.5.1 Commercial General Liability with policy limits of not less than one million and no/100 ($1,000,000.00 )for each occurrence and one million and no/100 ($1,000,000.00 )in the aggregate for bodily injury and property damage. §1.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million and no/100 ($ 1,000,000.00 )per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. §1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 1.5.1 and 1.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §1.5.4 Workers'Compensation at statutory limits. §1.5.5 Employers'Liability with policy limits not less than one million and no/100 ($ 1,000,000.00 )policy limit. §1.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than one million and no/100 ($ 1,000,000.00)per claim and two million and no/100 ($2,000,000.00 )in the aggregate. §1.5.7 Additional Insured Obligations.If requested by the Owner,to the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. §1.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 1.5. ARTICLE 2 OWNER'S RESPONSIBILITIES §2.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program,which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility; expandability;special equipment;systems;and site requirements. §2.2 The Owner identifies the following representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. Init. AIA Document 8102" —2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) (List name, address, and other contact information) Frank Pinter,Support Services Director Mason County 411 North 5th Street,Shelton,WA 98584 (360)427-9670 Ext.530 fpinter@co.mason.wa.us §2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. §2.4 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. §2.6 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 3 COPYRIGHTS AND LICENSES §3.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. §3.2 The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants for this Project are Instruments of Service for use solely with respect to this Project,and unless otherwise provided,the Architect and the Architect's consultants shall be deemed the owners and authors of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including the copyright and goodwill.The Owner shall be permitted to retain copies,including reproducible copies,of the Instruments of Service for information and reference in connection with the Owner's use and occupancy of the Project.The Instruments of Service shall not be used by the Owner on other projects except by agreement in writing and with appropriate compensation to the Architect.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. §3.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the purposes of evaluating,constructing,using,maintaining,altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 5 and Article 6.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 5.4,the license granted in this Section 3.3 shall terminate. §3.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1.The terms of this Section 3.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 5.4. Init. AIA Document B102" —2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) §3.4 Except for the licenses granted in this Article 3,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. §3.5 Except as otherwise stated in Section 3.3,the provisions of this Article 3 shall survive the termination of this Agreement. ARTICLE 4 CLAIMS AND DISPUTES §4.1 General §4.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. §4.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants, agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. §4.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question, arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 5.7. §4.2 Mediation §4.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. §4.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. §4.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2,the method of binding dispute resolution shall be the following: (Check the appropriate box) [XX ] Arbitration pursuant to Section 4.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) AIA Document B102m—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. §4.3 Arbitration §4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by, mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. §4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. §4.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §4.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §4.3.4 Consolidation or Joinder §4.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact; and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §4.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. §4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Agreement. §4.4 The provisions of this Article 4 shall survive the termination of this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION §5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. Init. AIA Document 8102"'—2017.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) §5.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice. §5.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §5.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. §5.6 If the Owner terminates this Agreement for its convenience pursuant to Section 5.5,or the Architect terminates this Agreement pursuant to Section 5.3,the Owner shall compensate the Architect for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. (Paragraphs deleted) §5.8 Except as otherwise expressly provided herein,this Agreement shall terminate (Check the appropriate box) [ ] One year from the date of commencement of the Architect's services [XX ] One year from the date of Substantial Completion [ ] Other (Insert another termination date or refer to a termination provision in an attached document or scope of service) If the Owner and Architect do not select a termination date,this Agreement shall terminate one year from the date of commencement of the Architect's services. §5.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3. ARTICLE 6 COMPENSATION §6.1 The Owner shall compensate the Architect as set forth below for services described in Section 1.1,or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) Design Services+Expenses:One Hundred Forty-nine Thousand Four Hundred Eighty-five and no/100($ 149,485.00) §6.2 Compensation for Reimbursable Expenses §6.2.1 Reimbursable Expenses are included in compensation set forth in Section 6.1 and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 AIA Document 13102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling and delivery; .6 (Paragraphs deleted) .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and .12 Other similar Project-related expenditures. §6.2.3 Architect's Insurance.If the types and limits of coverage required in Section 1.5 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 1.5, and for which the Owner shall reimburse the Architect.) §6.3 Payments to the Architect §6.3.1 Initial Payments §6.3.1.1 An initial payment of zero ($ 0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. §6.3.2 Progress Payments §6.3.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid forty-five ( 45 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) §6.3.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. §6.3.2.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 4.3. §7.2 Except as separately defined herein,terms in this Agreement shall have the same meaning as those in AIA Document A201Tm-2017,General Conditions of the Contract for Construction. §7.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. §7.4 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013,Building Init. AIA Document 8102*"—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. §7.4.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202Tm-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. §7.5 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. §7.6 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of, a third party against either the Owner or Architect. §7.7 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. §7.8 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 7.8 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 5.4. §7.9 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 7.9.1.This Section 7.9 shall survive the termination of this Agreement. §7.9.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project, provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 7.9. §7.10 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Init. AIA Document 8102T —2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 1() Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) ARTICLE 9 SCOPE OF THE AGREEMENT §9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. §9.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 102Tm-2017,Standard Form Agreement Between Owner and Architect (Paragraph deleted) .2 .3 Exhibits: (Check the appropriate box for any exhibits (Paragraphs deleted) incorporated into this Agreement.) [ XX ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement.) AIA Document B203—2017 Standard Form of Architect's Services: Site Evaluation and Project Feasibility .4 Other documents: (List other documents, including the Architect's scope ofservices document, hereby incorporated into the Agreement.) Exhibit A-Fee Proposal for Professional Services—GRAYS HARBOR&MASON COUNTY— CRIMINAL JUSTICE STUDY,dated August 3,2019. This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Frank Pinter Support Services Director William J.Valdez,PE Partner (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document B102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) Additions and Deletions Report for AIA` Document 8102""l -2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:42:16 ET on 08/05/2019. PAGE AGREEMENT made as of the 1 day of August in the year 2019 Frank Pinter Support Services Director Mason County 411 North 5th Street Shelton,WA 98584 Bill Valdez,PE Partner KMB architects 906 Columbia Street SW,Suite 400 Olympia,WA 98501 Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has a population of approximately 73,000 and a functioning jail capacity of approximately 135 beds.Mason County has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of Approximately 280 inmates,which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties'criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the border of the two Counties.Based on discussions with Mason and Grays Harbor Counties, options considered b the are proposed to include the following: 1. Regional Grays Harbor&Mason Counties Jail Facility(Most likely located at an undeveloped site located near McCleary,WA) 2. Stand Alone Mason County Jail Facility to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) The analysis and study are proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in the Jails and Superior and District Court caseloads,calls for service,and the like,for the purposes of determining the space needs of current services and the potential for expansion of those services. Additions and Deletions Reportfor AIA Document 113102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) 2. Analysis of County needs for Alternative Sentencing,Pre-Trial Services,End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. 3. Space Needs and Architectural/Site Program,with estimated square footages,based on the application of the data analysis in item 1,above,and programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason Counties Jail Facility b. Stand Alone Mason County Jail Facility C. Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual replacement/expansions vs.a regional facility, including projected cost increases due to inflation,direct and indirect costs,and other cost information as needed, allow each County to make an educated recommendation on County's approach to the future of their Jail facilities. The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC),of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties re arding_ a. the development of a joint venture regional jail facility includingconcept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities PAGE 3 Refer to Exhibit A-Fee Proposal for Professional Services—GRAYS HARBOR&MASON COUNTY— CRIMINAL JUSTICE STUDY,dated May 23,2019. The following summarizes the proposed project team for Phase 1 and Phase 2 of the Needs Analysis: A. Architects—KMB architects,Bill Valdez,PE,Partner;Mark Beardemphl,AIA,Partner 906 Columbia Street SW,Suite 400,Olympia,Washington 98501,360.352.8883 B. Justice Systems Expert—Chinn Planning Inc.,Karen Chinn 388 E.Ocean Blvd,P-12.Long Beach,CA 90802,803.261.5682, C. Civil Engineering—KPFF,Marty Chase&Ben Enfield,PE 1601 Fifth Avenue,Suite 1600,Seattle,WA 98101,(206.622.5822 D. Cost Estimating—JMB Consulting Group;Jon Bayles,Principal 4320 291'Avenue West,Seattle,WA 98199,(206.708.7280 E. Alternative Funding Expert—PFIC—Jeff Tamkin&Kyle Hines 11755 Wilshire Blvd Suite 2350,Los Angeles,CA 90025,310.575.9447 Future phase of professional design services from schematic design through project closeout would be mutually negotiated with Mason County at a later date.The scope of work for design services may include Architectural, Interiors,Structural,Mechanical,Electrical,Civil Engineering,Landscape Architecture,Security Consulting, Hazardous Materials Assessment,and Cost Consulting. PAGE 4 §1.5.1 Commercial General Liability with policy limits of not less than($--one million and no/100—J$1 000 000.00 ) for each occurrence and(S--one million and no/100 ($1,000,000.00 )in the aggregate for bodily injury and property damage. Additions and Deletions Reportfor AIA Document B102TM—2017.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law 2 and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) §1.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million and no/100 ($ 1,000.000.00 )per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. §1.5.5 Employers'Liability with policy limits not less than eaeh aeeident, eaeh employee,and one million and no/100 ($ 1,000,000.00 )policy limit. §1.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than one million and no/100—($ 1,000,000.00)per claim and two million and no/100 ($2,000,000.00 )in the aggregate. PAGE 5 Frank Pinter,Support Services Director Mason County 411 North 5th Street,Shelton,WA 98584 (360)427-9670 Ext.530 ffpinterP co.mason.wa.us §3.2 The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants for this Project are Instruments of Service for use solely with respect to this Project,and unless otherwise provided,the Architect and the Architect's consultants shall be deemed the owners and authors and their respective Instruments of Sen,iee,ineluding the Drawings and Speeifieations,--aenJce and shall retain all common law,statutory and other reserved rights,' includingthe he copyri t and goodwill.The Owner shall be permitted to retain copies,including reproducible copies,of the Instruments of Service for information and reference in connection with the Owner's use and occupancy of the Project.The Instruments of Service shall not be used by the Owner on other projects except by agreement in writing and with appropriate compensation to the Architect.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. PAGE 6 §4.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the Ding this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. [XX I Arbitration pursuant to Section 4.3 of this Agreement PAGE §5.7 in addifien te an),anieunts paid under Seetion 5.61 if the 0,Amer-tefmineAes this Agr-eefnent fef its eenvenienee Arehiteet the following fiae6i Additions and Deletions Report for AIA Document B102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law 3 and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) 7 r g Fi f the Owner-intends t....e tinue using the A reh:teet's lastfitments o f c•ef-yiee. s e Fee, . [XX ] One year from the date of Substantial Completion §5.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Seetion 5.7.3. Design Services+Expenses:One Hundred Forty-nine Thousand Four Hundred Eighty-five and no/100($ 149.485.00) §6.2.1 Reimbursable Expenses are included in additlen te~compensation set forth in Section 6.1 and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .2 , and extfanets; PAGE 9 .6 ; .8 if feEtuired by the Owner-,and with the Oyffief's pfier-wrWen approval,the Ar-ehiteet's eenstiltants' .9 All tfwes levied on pr-efessienal seMees and on r-eimbur-sable expenses; .10 Site effiee ; §6.2.2 Fer-Reimbursable Expenses the eempensafien shall be the expenses inetiffed by the Ar-ehiteet end t 1 1 ho f�cFE-lite6t'S-66T3SHlt$fkS-prvS—�32fEeftt( ero�-%\vrf taxc cn=peziucS-nn-i^c'a'rred §6.3.1.1 An initial payment of zero ($ 0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. §6.3.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid forty-five ( 45 )days Additions and Deletions Report for AIA Document 6102"'-2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAO Document Is protected by U.S.Copyright Law 4 and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. PAGE 11 2 AIA Doetifnent E2031M 2013,Building infefmatien Modeling and Digital Data L'.,hibi♦ dated, indieated below--. (Inseft the date of the B203 2013 :neer-per-..ted into this Agr-ee...wa � •2 (Check the appropriate box for any exhibits [ ] AIA Deetiment E2041M 2017,Sustainable Pr-ejeets Exhibit,dated as indieated below.: 64iserf the date ef the E-204 2017 incorporated into this Agreement.) [ XX I Other Exhibits incorporated into this Agreement: AIA Document B203—2017 Standard Form of Architect's Services:Site Evaluation and Project Feasibility Exhibit A-Fee Proposal for Professional Services—GRAYS HARBOR&MASON COUNTY— CRIMINAL JUSTICE STUDY,dated August 3,2019. Frank Pinter Support Services Director William J.Valdez,PE Partner Additions and Deletions Report for AIA Document B102TM—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law 5 and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) Certification of Document's Authenticity AIA® Document D401 - —2003 I,William J. Valdez,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:42:16 ET on 08/05/2019 under Order No.6578008226 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 102 TM—2017,Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401-—2003.Copyright®1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:42:16 ET on 08/05/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale. User Notes: (2017748024) 906 Columbia Street SW,Suite 400 K*3 EXHIBIT A Olympia,WA 98501 360.352.8883 architects www.KMB-architects.com Proposal Memorandum Date: August 2,2019 To: Frank Pinter Support Services Director Mason County 411 North 51h Street, Shelton,WA 98584 fpintert7a.co.mason.wa.us Mark Cox Utilities&Facilities Director Grays Harbor County 211 West Spruce, Montesano,WA 98563 FSD(a)co.g rays-harbor.wa.us From: Bill Valdez, PE, Partner Project: GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY Subject: Fee Proposal—Professional Services KMB Job.No.: TBD Copied to: Joe Doherty, KMB Business Manager,file Frank&Mark— KMB architects respectfully submits a proposal for architectural and engineering(A/E)services for the Mason County& Grays Harbor County Criminal Justice Study project. This Professional Services proposal encompasses demographic and criminal justice systems analysis,space needs assessment, programming,concept design,cost analysis, project schedule development, and evaluation of funding mechanisms for a combined Regional Jail facility for Mason and Grays Harbor Counties. This proposal addresses the needs defined in the Request for Qualifications and those identified in discussions between KMB architects, Mason and Grays Harbor Counties on April 29, 2019. Project Understanding Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has a population of approximately 73,000 and a functioning jail capacity of approximately 135 beds. Mason County has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of approximately 280 inmates, which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the boarder of the two Counties. Based on discussions with Mason County and Grays Harbor Counties,options considered by the report are proposed to include the following: GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY August 2,2019 page 2 1. Regional Grays Harbor&Mason County Jail Facility(Most likely located at an undeveloped site located near McCleary, WA) 2. Stand Alone Mason County Jail Facility to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton, WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) The analysis and study is proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in the Jails and Superior and District Court caseloads, calls for service,and the like,for the purposes of determining the space needs of current services and the potential for expansion of those services. 2. Analysis of County needs for Alternative Sentencing, Pre-Trial Services, End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. 3. Space Needs and Architectural/Site Program,with estimated square footages, based on the application of the data analysis in item 1.above,and on programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason County Jail Facility b. Stand Alone Mason County Jail Facility c. Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual replacement/expansions vs.a regional facility, including projected cost increases due to inflation,direct and indirect costs,and other cost information as needed allow each County to make an educated recommendation on County's approach to the future of their Jail facilities.The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC), of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties regarding: a. the development a joint venture regional jail facility including concept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility Proposed Scope of Services—Phase 1 KMB architects' proposes to provide design services for criminal justice systems analysis, programming and needs analysis. The following summarizes the proposed project team: A. Architects—KMB architects, Bill Valdez, PE, Partner; Mark Beardemphl,AIA, Partner B. Justice Systems Expert—Chinn Planning, Karen Chinn C. Civil Engineering—KPFF, Marty Chase, PE, Principal D. Cost Modeling—JMB Consulting Group,Jon Bayles, Principal E. Alternative Funding Expert—PFIC,Jeff Tamkin; Kyle Hines GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY August 2,2019 page 3 Basic Services A. Architectural fee $100,680 (Refer to attached KMB architects task-based tables for fee distribution by Phase) B. Justice Systems Expert $95,310 (Refer to attached proposal from Chinn Planning) C. Civil Engineering &Site Planning $30,000 (Refer to attached proposal from KPFF) D. Cost Modeling $22,000 (Refer to attached proposal from JMB Consulting Group) E. Alternative Finance Consulting $ 7,500 (Refer to attached proposal from PFIC) F. Consultant Services 10%Mark-up $15,480 Subtotal Basic Services $270,970 G. KMB architects team Direct Expenses Costs a. Printing Costs $500 b. Per Diem $1000 c. Travel/Mileage $8000 d. Miscellaneous Direct Costs $500 Direct Expenses Reimbursable Budget $10,000 Additional Services—Mason County 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities Additional Services A. Architectural fee (60 Hours x$150/HR) $ 9,000 Subtotal Additional Services—Mason County $ 9,000 Total Services Fee for Mason County and Grays Harbor Counties $289,970 The following is the division of professional services for each County: Total Services by County: Mason County Basic Services+Expenses $140,485 Additional Services $ 9,000 Mason County Total $149,485 Grays Harbor County Basic Services+Expenses $140,485 Additional Services $ 0 Grays Harbor County Total $140,485 GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY August 2,2019 page 4 Draft Schedule The following is the anticipated schedule dates: (Client meeting will typically occur on Wednesday's with additional overflow meetings occurring on Thursday with Stakeholders and Sheriffs staff.) • Kick Off Meeting—August 28,2019 • Criminal Justice System Project Advisory Committees Meetings—September 18&19,2019 • Interviews with Criminal Justice System Officials Meetings-October 2&3,2019 • Future Inmate Population and Justice System Requirements&Inmate Forecast—October 16&17,2019 • Programming Meeting#1 with Stakeholders—October 30&31,2019 • Programming Meeting#2&Concept Design Meeting#1 with Stakeholders—November 12&13,2019 • Concept Design Meeting#2 with Stakeholders—December 4&5,2019 • Concept Design#3&Preliminary Cost&Schedule Meeting with Stakeholders—December 18,2019 • Cost Model Options—January 8,2020 • Funding Option Meeting#1 —January 22,2020 • Funding Option Meeting#2—February 5,2020 • Draft Report—February 26,2020 • Final Document Submittal—March 19,2020 Please do not hesitate to call me to discuss or if you have any questions regarding this Professional Services proposal. We're looking forward to work with you and your team on this important project for the citizens of the Mason and Grays Harbor Counties. Sincerely, KMMB architects Bill Valdez, Partner Attachments: Chinn Planning Proposal KPFF Proposal JMB Consulting Proposal KMB architects Task Spreadsheet Work Plan-Architectural May 24, 2019 Task Task Description Schedule Subtotals Total Staffing Resources(see legend below) ID Hours PIC SA I PM I CA I APM I CAD PA $ 200.00 $ 150.00 1 $ 135.001 $ 135.00 $ 110.001 $ 95.001 $ 90.00 0.00 Programming/Predesign Design Phase 0.01 Project Management/Administration $ 5,760 42 18 24 0.02 Disciplines Interaction $ 4,160 26 10 16 0.03 Document Checking $ 3,220 20 8 12 0.04 Permitting Authority consulting&coordination $ 3,640 26 2 24 0.05 User Agency Data Collection $ 2,160 16 16 0.05 User Agency Meetings(12 Days of Workshops) $ 24,600 136 96 40 0.06 Facility Tours $ 4,020 24 12 12 0.07 Architectural Design $ 18,720 120 48 48 24 0.08 Plan ning/Masterplanning $ 16,800 112 32 64 16 0.09 Programming $ 12,000 60 60 0.10 Cost Modeling Coordination $ 2,400 12 12 0.11 Schedule& Delivery Alternatives $ 3,200 16 16 $ - 0 Programming/Predesign Design Phase $ 100,680 610 314 0 232 0 40 0 24 Proposed Budget Criminal Justice System Needs Assessment and Forecast Grays Harbor and Mason County,WA Project Manager Senior Planner Productiont TASKS K.L.Chinn Administration Total $200 per hr. $125 per hour $55 per hour Hours Fees Hours Fees Hours Fees Hours Fees 1 Meet with Criminal Justice System Project 40 $8,000 0 $0 8 $440 48 $8,440 Advisory Committees(2) Collect and Analyze Criminal Justice 2 System Trend Data,Operational 60 $12,000 30 $3,750 32 $1,760 122 $17,510 Information,Inmate Profile Data,and Alternatives/Programs and Services(2) 3 Conduct Interviews with Criminal Justice 40 $8,000 40 $5,000 24 $1,320 104 $14,320 System Officials(2) 4 Compare State and National Trends and 32 $6,400 24 $3,000 16 $880 72 $10,280 Programs 5 Project Future Inmate Population and 48 $9,600 24 $3,000 24 $1,320 96 $13,920 Justice System Requirements(2) 6 Disaggrate Inmate Forecast by Custody 24 $4,800 24 $3,000 16 $880 64 $8,680 Level(2) Prepare and Evaluate Options to Meet 7 Future System Requirements(3)Stand 32 $6,400 24 $3,000 0 $0 56 $9,400 Alone or Regional Facility Prepare and Present Needs Assessment 8 Report(3)Each County and Regional 40 $8,000 24 $3,000 32 $1,760 96 $12,760 Option TOTAL(HOURS/FEES) 316 $63,200 190 $23,750 152 $8,360 658 $95,310 REIMBURSABLE EXPENSES TYPE OF EXPENSE TOTAL Air Fare(6-8 Person Trips) 4,480 Lodging(16 nights) 1,920 Car Rental(16 days) 896 Per Diem(20 days) 770 Graphics&Reproduction 100 Miscellaneous Expense 100 SUBTOTAL REIMBURSABLE EXPENSE 8,266 GRAND TOTAL PROJECT COST(includes Reimbursables) 103,576 PFIC 5/15/2019 • Upon completion of the programming and planning phase,the County will have a clear understanding the space, facility requirements and development plan for the project. • The PFIC proposal for Needs Assessment and funding consulting. PFIC Alternative Financing consulting services to Grays Harbor and Mason Counties will be for the following scope in your proposal: 1. PFIC will attend one(1)funding mechanism kick off meeting in Montesano and/or Shelton 2. PFIC will monitor the estimated project budget and update resultant lease payments the County/Counties should expect to pay based on the estimated construction cost.PFIC will provide funding options/alternatives that will allow the County to match the needs with its required budget. 3. PFIC will attend one(1)funding mechanism meeting upon completion of the programming and planning phase completed by the KMB architects team,the County will have a clear understanding the space,facility requirements and development&funding plans for the three(3) projects: a. Regional Grays Harbor&Mason County Jail Facility(Most likely located in a greenfield site in McCleary,WA) b. Stand Alone Mason County Jail Expansion to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) c. Stand Alone Grays Harbor County Jail Facility(Most likely located in a greenfield site in Montesano,WA) • These Alternative Funding Consulting Services for($7,500.00)which will cover all expenses including the two on site meetings indicated above. JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS May 15,2019 Bill Valdez RMB ARCHITECTS 906 Columbia Street SW,Suite 400 Olympia,Washington 98501 +1 (360)352-8883 GRAYS HARBOR+MASON COUNTY,WASHINGTON REQUEST FOR CRIMINAL JUSTICE STUDY BASIC SERVICES GRAYS HARBOR/MASON CTY,WASHINGTON RO Dear Bill: Thank you for inviting us to submit an offer for construction cost consulting services on this project. We understand that the general scope of the project shall be the planning and for the development and construction for the various justice programs for Grays Harbor and Mason County,WA. The scope includes renovation and new construction of for housing,administration,facilities and support spaces. SCOPE OF SERVICES For this project we propose the following basic service work items: WORK ITEM#1 1 Cost Estimating 1.1 Prepare a single opinion of probable construction cost for three preliminary concepts. Opinions shall be based on preliminary massing diagrams and program. Costs shall be presented on a $/sf at the Uniformat Summary level. 1.2 Prepare an update to Item 1.1 above. 1.3 Prepare a single final opinion of probable construction cost for the Final scheme that incorporates the preferred scheme and Owner comments. 1.3.1 A summary will be provided for each concept that coordinates the soft costs to demonstrate total project cost. 1.3.2 Cost opinions shall be presented in the Uniformat II format. 1.4 One meeting in Olympia,WA or Shelton,WA and no site visits are included for this work item. It is assumed any meeting or conferencing shall take place via telephone and/or internet-based solutions. 1.5 Assist IIB in the development of phasing options. Page 1 of 3 4320 290 Avenue W+Seattle,Washington 98199+Tel: 206.708.7280 JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS SUMMARY OF FEES Cost Estimating Schedule Task Start Finish Programming/Pre-des lgn Phase $ 22 000.° -'■� Schematic Design Phase Excluded Design Development Phase Excluded Construction Document Phase Excluded BiddingjjWstanceIExcl Construction Administration Excluded Reimbursable' expense allowance Included TOTAL- FIXED FEE Plus Expenses $ 22,000 Oct-19 Jan-20 QUALIFICATIONS JbiB Consulting Group maintains the following insurance coverage. Additional insurance requirements can be provided at additional cost. General Liability and Hired/Non-Owned Auto: $1,000,000 per claim;$2,000,000 aggregate Professional Liability: $1,000,000 per claim;$2,000,000 aggregate The fees are valid for ninety days from the date of this proposal. Should our understanding of the scope or any of the above tasks be deleted from our scope of services,we reserve the right to adjust the above fees,to reflect possible resultant changes to the scope of the remaining service. The fee assumes that drawings, specifications and reports required for the performance of our work will be provided both in hard copy and electronically(drawings shall be in a standardized scalable pdf format),at no cost to JMB Consulting Group LLC.This offer assumes our deliverables shall be provided electronically and that no printed copies are required. Reimbursable expenses,including printing,reprographics charges,travel beyond a 100-mile round trip of this office and interstate-shipping charges will be charged at cost,no multiplier. ADDITIONAL SERVICES Except as noted above,all other services,including additional estimates,cash flow models,development or coordination of project costs,revisions to completed estimates,use of different estimating formats,additional meeting attendance,value engineering,life cycle costing,reconciliation with cost estimates prepared by other parties beyond that specifically included above,or bidding and construction phase services shall be additional services. Unless otherwise agreed prior to the work being carried out,our fees for any additional services will be based on time expended at our normal billing rates prevailing at the time the work is carried out. Valid through calendar year 2019,these hourly rates are: Principals $190.00 Page 2 of 3 4320 29"Avenue W+Seattle,Washington 98199+Tel: 206.708.7280 JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS Associates $155.00 We look forward to the opportunity of assisting you on this particular project. If you have any questions regarding these fees,or the scope of our services,please do not hesitate to contact us. Sincerely, Jon Bayles,Principal JMB CONSULTING GROUP LLC Confirmation of Agreement: This letter correctly sets out the scope and fees for services to be provided by JMB Consulting Group LLC for this project. File:FP Grys H6r+hien Cry CJS RO Page 3 of 3 4320 29th Avenue W+Seattle,Washington 98199+Tel: 206.708.7280 1601 Fifth Avenue,Suite 1600 Seattle,WA 98101 206.622.5822 kpff.com lTff AGREEMENT FOR PROFESSIONAL SERVICES DATE: May 20, 2019 CLIENT: Bill Valdez, PE KMB Architects PROJECT NAME: Grays Harbor and Mason County- Criminal Justice Study PROJECT DESCRIPTION Grays Harbor and Mason Counties have jointly hired KMB Architects to study the development of a new jail facility. The study will examine three separate development options: • Regional Grays Harbor& Mason County Jail Facility (Most likely located in a greenfield site in McCleary, WA) • Stand Alone Mason County Jail Expansion to include local tribal participation (Most likely located adjacent to the existing Jail in Shelton, WA) • Stand Alone Grays Harbor County Jail Facility (Most likely located in a greenfield site in Montesano, WA) SCOPE OF SERVICES Provide a pre-design civil narrative and site sketch of concept civil systems for the three options above. Civil site systems that we will review include: • Earthwork • Drainage • Water and Sewer Utilities • Street and access improvements We will participate in 3 Meetings in Montesano and/or Shelton. Meetings with team will be in Seattle or via conference call/computer venue. SPECIAL CONDITIONS • Project to kick off in mid to late June and complete by February 2020 for all 3 scenarios. • Cost estimating will be performed by JMB. • Septic design is excluded. We assume that a public sanitary sewer is available. • Site visits are not required as we will use Google Maps and GIS data to evaluate the site. KPFF. Inc. shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 3 of 3. Revised: February 6, 2017 Page 1 of 3 lqjff FEE $30,000 Lump Sum Fees + $150 Reimbursable Travel Budget (no mark-ups) Offered By (KPFF, Inc.) Accepted by (KMB Architects) (Signature) (Signature) Martin F. Chase/Principal (Print Name/Title) (Print Name/Title) Page 2 of 3 NOTE: KPFF, Inc.shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 3 of 3 TERMS AND CONDITIONS 1Tff KPFF, Inc. ("KPFF")shall perform the services outlined in this agreement pursuant to the stated fee arrangement. 1.Additional Services Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2.Limitation of Liability To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries,claims, demands, losses, expenses or damages, of whatever kind or character,arising out of or in any way related to this Agreement or the services provided by KPFF on this project. 3.Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding. 4.Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This certification shall a)contain the name and license number of the certifier; b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to KPFF not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 5.Suspension of Services If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven(7)days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion. 6.Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7.Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing. 8.Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF. 9.No Third Parry Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against KPFF or Client. 10.No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due)without the prior written consent of the other party. 11. Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one-and-one-half percent (1 % %) for each one month of delinquency(or the maximum allowable by law,whichever is lower). NOTE: These Terms and Conditions are only valid if accompanied by KPFF's Agreement for Professional Services (along with any Attachments which may be referenced in the Agreement for Professional Services)shown on 1 of 3. Revised: November 11, 2013 Page 3 of 3 Grays Harbor&Mason County Criminal Justice Study May June July August September October November December January February Wl W2 W3 W4 W1 W2 W3 W4 Wl W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 Wl W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 Contract Award&Approval Data Gathering Meetings IM IEEE IM o- System Assessment&Demographics Population Forecasting Alternatives&Programs Analysis Programming&Space Needs Concepts and Options Mason County Stand Alone Jail Grays Harbor County Stand Alone Jail Regional Jail Schedule&Delivery Alternatives Cost Modeling of Options Funding Options Draft Report Final Report Final Completion lid A REQUIRED DECISION POINT ON POPULATION PROJECTIONS AND GROWTH DEMOGRAPHICS B REQUIRED DECISION POINT ON JAIL OPERATION MODEL C REQUIRED DECISION ON SITE(S)TO BE INVESTIGATED&PLANNING ORIZONS(5,10,15,20 YEAR) D E REQUIRED DECISION ON PREFERED PLANNING SOLUTION F G REQUIRED DECISION ON FUNDING AMOUNT H REQUIRED DECISION ON FUNDING MODEL MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 13, 2019 Agenda Item # g./ BRIEFING DATE: August 5, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Add a location to the Hot-Mix-Asphalt (HMA) Overlay Projects: County Road Project (CRP) 2025 —John's Prairie Road BACKGROUND: County Road Project (CRP) 2025 is an HMA overlay projects that identified as 01 on the 2019 Annual Construction Program. The project provides improvement to 0.45 miles of E Johns Prairie Road, from milepost 3.32- 3.77. Additional STP funds need to be obligated in the urban area (as defined by census data) this year or they could be lost to another agency. County Road Projects (CRP) 2016-2018 are previously created HMA overlay projects that will be advertised together as one overlay project with CRP 2025. The project provides improvement to 1.7 miles of Agate Road, from milepost 0.0- 1.7, 0.2 miles of Clifton Lane, from milepost 0.0-0.2, and 0.32 miles of Harstine Bridge Road, from milepost 0.0-0.12 and 0.4-0.6 (excluding the bridge). The preliminary estimated cost of the total overlay project is $1,685,000. Surface Transportation Program (STP) funding for this project is estimated at $1,213,000. The preliminary estimated cost of E. Johns Prairie Road between MP 3.32 to 3.77 is $375,000. RECOMMENDED ACTION: Recommend the Board execute, the resolution for CRP 2025, Mason County Overlay project on E Johns Prairie Road and authorize the Chair to sign all pertinent documents and Public Works to advertise, set bid opening date/time and award contract. Contract award will be announced during a regular meeting of the Board. Attachment: Resolution Vicinity overview/location maps MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2025 WHEREAS,on Mason County Road No.91720,known locally as the John's Prairie Road and more specifically located in Sec.3,T.20 N,R 3W,WM,at approximately mile post 3.32 to mile post 3.77;work defined as"construction"in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper;and, WHEREAS, this project is identified as 01 on the 2019 Annual Construction Program. THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Hot-Mix-Asphalt(HMA)Overlay Project improving 0.45 miles of roadway surface 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: $ 15.000 Right of Way $ 0 Construction $360,000 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: 2019 Mason County Overlay Program CRP 2025 -- E Johns Prairie Rd - 0.45 Miles Milepost 3.77 0 Milepost 3.32 N (� Bay Shore .6,0 f M I O O V 0 0.025 0.05 0.1 0.15 0.2 Miles Sources: Esri, HERE, Garmin. USGS, Intermap, INCREMENT P, NRCan, Esri e '�` (Olt'' Ja an, METI, Esri China(HongKong), Esri Korea, Esri(Thailand), NGCC. (c) � •' 2019 Overlays OpenStreetMap contributors, and the GIS User Community 2019 Mason County Overlay Program Vicinity Overview 1 / I ; I / * I I / I )- , 1 I Lake Cushman NE Clifton Ln I LIIIIJ.'ltll, I I 1 1 I 1 , ooasp i- f I I I I +nay "aal,1, 1 I �: I Union '' zp 1 1 I 1 I rJ l I � C / I E Agate Rd i I / jE Johns Prairie Rd I J 6 , 1 , 40. ft 1 41 I ' ' sheti411, _ Jlfr- r a \ 't a 1 11 ... I . 1 ili :44e IP- 1 /.„----T-{ ,;- _. _, , ---------7, E Harstine Bridge Rd i 1 !� I'of`del eo' EId • j ' Inlet » udd( - Beset s wsl.»a 1 0 1.25 2.5 5 7.5 10 r Miles N N, t /31'1 Sources:Esri, HERE,Garmin,USGS, Intermap,INCREMENT P,NRCan,Esri '\ •),, 2019 Overlays Japan, METI,Esri China (Hong Kong), Esri Korea, Esri.(,TlhaiIand), NGCC,v(c) s - \ �. OpenStreetMap contributors,and the GIS User Community MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing _X_ Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: August 13, 2019 Agenda Item # ,o Commissioner staff to co� lete BRIEFING DATE: July 16, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public hearing to consider the sale of parcels 32021-56-02003 & 32021-56- 02004, on E. Panorama Drive to Maureen Barta. BACKGROUND: Both parcels are considered tax title and an attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) all three parcels can be sold by direct negotiation within twelve months of the attempted auction. 2019 market value (the same for both parcels): $8,750 Both parcels have been on the market for 115 days. 32021-56-02003 Taxes due: $1915.84 Total Shorecrest water paid: $2,779.62 Current offer: $5,500 32021-56-02004 Taxes due: $1472.58 Total Shorecrest water paid: $1578.29 Current offer: $5,500 RECOMMENDED ACTION: Approval to sell parcels 32021-56-02003 & 32021-56-02004, on E. Panorama Drive to Maureen Barta in the amount of $11,000. ATTACHMENTS: Purchase and Sale Agreements Agent Detail Reports Resolution I:\Property Mng\Property Offers&Negotiations\441 &461 E Panorama\8.13.19 hearing.doc Authentisign ID:15A5A6B4-FBC9.4482•A2F1.3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase 8 Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 7,2019 MLS No.: 1416177 Offer Expiration Date: 07/10/2019 2. Buyer: Maureen Barta Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).:320215602003 461 E Panorama Dr Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price: $ 4000.00 Four Thousand Dollars 6. Earnest Money:$ 500.00 Check; ❑ Note; ❑ Other (held by❑ Selling Firm; Ed Closing Agent) 7. Default:(check only one) 0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Company Individual(optional) 10. Closing Date: 08/02/2019 or sooner , Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); 0 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer; 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before bd is not required to be subdivided 15. Feasibility Contingency Expiration Date: jj 20 days after mutual acceptance; ❑ Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑ both parties; ❑ neither party Listing Broker represents: WI Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 35F(Feasibility) Form 42, Form 89 m .Macviceeri 3alttta 07/07/2019 39S9iatLP�^PDT Date Seller's Signature Date Buyers Signature Date Seller's Signature Date Buyer's Address Seller's Address Lakebay Wa Shelton,WA City,State,Zip City,State,Zip (253)381-4480 (360)427-9670 Phone No. Fax No. Phone No. Fax No. mbarta1040ggmail.com Buyer's E-mail Address Seller's E-mail Address Windermere Chambers Bay 5998 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jason G.Leyes 93100 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (253)565-1121 (253)732-3631 (253)565-1371 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. Chambersbay@windermere.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jasonleyes@windermere.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 110913 20994 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:15A5A6B4-FBC9-4482-A2F1.3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7119 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other parry does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the parry's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the parry applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 [AU] 07107/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:15A5A6B4-FBC9-4482-A2F1-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either parry, or the Closing Agent, the 115 pa 'es will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 -/K-1`3] 07107/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:15A5A6B4-FBC9-4482-A2F1-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other parry shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 C,"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9-0482-A2F1-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one parry. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing parry is entitled to 177 court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third parry beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyers 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties. The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [A ] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:15A5A6B4-FBC9-4482-A2F1.3AE53618DCCD Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the "Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. m Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b) the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. m Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. m Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. 56 Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 26 ld public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; Id electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 ["I 07i07!2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9.4482-A2F1.3AE53B18DCCD Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [AU] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9.4482-A2F1-3AE53B18DCCD Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the"Property"). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 20 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 ["1 07,07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC94482-A2F1-3AE53B18DCCD Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, Maureen Barta 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/ LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED"THE LAW OF REAL ESTATE AGENCY" 7 Authenti;,,_ A�um XaVa 07/07/2019 BUYER g l?B99.3.26 Signature Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER Jason Leyes 12 Print/Type AuthenHs,s` BROKER'S SIGNATURE 13 7/72019 3:44:19 PM PDT FIRM NAME AS LICENSED Windermere Chamber's Bay 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type Authentisign ID:15A5A6B4-FBC9-4482-A2F1.3AE53B18DCCD Form 89 ©Copyright 2010 Earnest Money Receipt Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 RECEIPT FOR EARNEST MONEY This Receipt is for Earnest Money received as part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the"Property").4 Address City State Zip 07/07/2019 5 On the undersigned received earnest money from Buyer in the amount of$ 500.00 by Ed personal check ❑ cashier's checks ❑ promissory note ❑ cash 6 ❑ other( ). 7 Jason Leyes 8 C � Print Name 07/07/2019 Windermere Chambers Bay 9 Firm (Company) Authenii 10 Signature 111F J:44YU FM FU I Selling Broker 11 ❑ Closing Agent 12 ❑ Other 13 NOTE: If the Earnest Money is cash, you must deposit it or deliver it not later than the first banking day following 14 receipt, regardless of the terms of the Purchase and Sale Agreement. 15 Authentisign ID:15A5A6B4-FBC9-4482.A2F1-3AE53B18DCCD Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 07;0712019 1 between Maureen Barta ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 461 E Panorama Dr, Shelton, WA 98584 (the"Property').4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 P P P h• 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 [A10] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:15A5A664-FBC9-4482-A2F1-3AE53B18DCCD ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot three (3), Block two (2), Shorecrest Terrace Third Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 02003 Abbreviated Legal: Lot 3, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02003 Purported Address: None assigned,WA 07/07!2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:15A5A684-FBC94482-A2F1.3AE53B18DCCD [Kj] N COUNTY 4(j� TITLE COMPANY` 07107/2019 Part of the Aegis Land Title Group Property Address: Vacant Land, Shelton, WA 98584 Shorecrest Terrace Third Addition (Volume 5, Pages 92-93) r^. `.` • 'Q M� 101 ` A �• Za ti� ,> ti • � 40 r z - ` flu N w_ M N W C I DC, 1 0 }� . .� L w• rr w. K z 70, ;p 22 c4'. Ili'VV � 1ZY.Gi•� � 1 c_ 70, t.2 z - � r N 0 2, M N7�•s 44�y, 1 Nrr r e� NN CJr 1 � t This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713 /(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:15A5A6B4•FBC9.4482-A2F1-3AE53B18DCCD ti MASON COUNTY TITLE COMPANY Part of the Ae.-is land Title Group SAE a ', •=i Y u tr pp y w r This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matters related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: v;rvw.MasonCountyTitle.com Authentisign ID:15A5A6B4-FBC94482-A2F1-3AE53B18DCCD � � ���. Mason County Title Company 130 W Railroad Avenue TITLE COMPANY PO Box 278 Part ul the Ae,-s Land l,fle Gm,v Shelton,WA 98584 Phone: (360) 426-9713 Commitment for Title Insurance Our File No.: 20191721 Seller Name: Mason County Buyer Name: Property Address Reference: None assigned WA Thank you for your transaction, we look forward to serving you. Enclosed please find a copy of the title commitment for the above referenced transaction, which contains hyperlinks to all the relevant historical documents.You will also find a PDF copy of the historical documents for your convenience. If you have any questions pertaining to this information, please do not hesitate to contact us. We appreciate your business and look forward to serving you. Title Department Contact Information: MasonTitle aC�MasonCountyTitle.com Shelton Title address: Phone: 360-426-9713 130 W. Railroad Ave Fax: 360-426-0716 Shelton,WA 98584 Escrow Department Contact Information: Mason Escrow(W MasonCountyTitle.com Shelton Escrow Address: Phone: 360-427-8088 134 N. 2nd Street Fax: 360-427-7179 Shelton, WA 98584 Belfair Escrow Address: Phone: 360-275-9160 23552 NE State Rte 3, Suite 2-A Fax: 360-275-8588 Belfair, WA 98528 For a quick video on how to read your title commitment and what it means to you please go to: How To Read Your Title Report Local decision making. Local authority. Local service. Nationally insured. Silverdale: Port Orchard. 10356 Silverdale Way,Suite 100,Silverdale,WA 98383 1590 Bay St,Port Orchard,WA 98366 PH: 360-337-2000 FX: 360-337-5888 PH: 360-874-2100 FX: 360-874-2160 Bainbridge Island: 9431 Coppertop Loop NE,Suite 205—Bainbridge Island—WA—96110 PH: 206451-8013 FX: 206-973-8598 www.atkitsap.com Authentizign ID:15A5A6B4-FBC9-0482-A2F1.3AE53B18DCCD ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ON COWN. Mason County Title Company 130 W Railroad Avenue TITLE COMPANY PO Box 278 N!t,,I the Aesrs ia,,dTi1e,,r .�) Shelton,WA 98584 Phone: (360)426-9713 Transaction Identification Data for reference only: Issuing Agent: Mason County Title Company Issuing Office: 130 W Railroad Avenue, PO Box 278, Shelton, WA 98584 Issuing Office's ALTA®Registry ID: 1141422 Loan ID Number: Commitment Number: 20191721 Property Address: None assigned, WA Revision Number: Escrow Officer: Donna Dotson -Phone: (360)427-8088 -Email: donna.d@masoncountytitle.com Title Officer: Dennis Pickard - Phone: (360)426-9713 -Email: dennis.p@masoncountytitle.com Customer Reference: /Mason County 1. Commitment Date: March 05, 2019 at 8:00 A.M. 2. Policy to be issued: Proposed Policy Amount ALTA Owner's Policy (6/17/06)-(X) Standard ( ) Extended TBD Premium: TAX TITLE RATE Tax: Total: Proposed Insured: To be determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. The Title is, at the Commitment Date, vested in: Mason County, a municipal corporation 5. The Land is described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions,Schedule A,Schedule B, Part 1-Requirements;and Schedule B,Part II-Exceptions. ORT Form 4690 WA A 08/01116;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 1 of 2 Authentisign ID:15A5A6B4-FBC9-0482-A2F13AE53B18DCCD ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot three (3), Block two (2), Shorecrest Terrace Third Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 02003 Abbreviated Legal: Lot 3, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02003 Purported Address: None assigned,WA This page is only apart of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy, the Commitment Conditions,Schedule A,Schedule B, Part I-Requirements;and Schedule B, Part II-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:15A5A6B4-FBC9-4482-A2Fi-3AE53B18DCCD ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Order No.: 20191721 REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3"on top of first page, 1"on sides and bottom, V on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 1/" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. If assignment or reconveyance reference to auditor's file number of subject deed of trust. Names of grantor(s) and grantee(s)with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3"top margin This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions,Schedule A,Schedule B,Part I-Requirements,and Schedule B,Part 11-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule B I ALTA Commitment for Title Insurance Page 1 of 1 Richard Beckman Vacant Land Agent Detail Report Page 2 of 2 Listing# 1416177 461 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 3 BLK: 2 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602003 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 left. XD: 10/16/2019 a• OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 ' FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 ' SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 76xl27x60x13', WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance. Please use Mason County Title order#20191721 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CC&R's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM Authentisign to:42B58150-AE84-4808-AEED3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 7,2019 MLS No.: 1416182 Offer Expiration Date: 2. Buyer: Maureen Barta Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).:320215602004 441 E Panorama Dr Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$ 4000.00 Four Thousand Dollars 6. Earnest Money: $ 500.00 Check; ❑ Note; ❑ Other (held by❑Selling Firm; m Closing Agent) 7. Default: (check only one) 0 Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Company Individual(optional) 10. Closing Date: 08/02/2019 or sooner Possession Date: 0 on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); 0 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer; 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 56 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before ; 66 is not required to be subdivided 15. Feasibility Contingency Expiration Date: j6 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: firs Buyer; ❑Seller; ❑both parties; ❑neither party Listing Broker represents: W1 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 35F(Feasibility) Form 42, Form 89 Au+enfi-,- 07/07/2019 �ti�l1UnRR.f6 J%4tlL Qfii9�$Ba�PR1 PDT Date Seller's Signature Date Buyers Signature Date Sellers Signature Date Buyer's Address Seller's Address Lakebay Wa Shelton,WA City,State,Zip City,State,Zip (253)381-4480 (360)427-9670 Phone No. Fax No. Phone No. Fax No. m barta 1040@gmail.com Buyer's E-mail Address Seller's E-mail Address Windermere Chambers Bay 5998 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jason G.Leyes 93100 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (253)565-1121 (253)732-3631 (253)565-1371 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. Chambersbay@windermere.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jasonleyes@windermere.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 110913 20994 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:42858150-AE84-4808-AEED3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase 8 Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a parry may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other parry does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the parry making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the parry applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 [A"] 07/07/2019 Buyers Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42858150-AE84-4808-AEED-3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 [AU] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42858150-AE84.4808-AEED-3941 F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns' on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Sellers option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the parry making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150-AE84.4808-AEED3941 F6F9F1 CO Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 206 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-parry service providers. 225 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150-AEB4-4808-AEED-3941F6F9F1C0 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 21 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. C,i3 Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. m Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. 21 Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 Gd public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; 21 electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; LJ other 40 ["1 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150-AE84-4808-AEED-3941 F6F9F1 CO Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [AU] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150•AE84d808•AEED-394/F6F9F1C0 Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the"Property'). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 20 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42a58150-AE84-4808-AEED3941F6F9F1C0 Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, Maureen Barta 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/ LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Aurhenfi.;;;.,i BUYER F : 33avlta 07/07/2019 8 7n20gibff98UPPPDT Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER Jason Leyes 12 Print/Type Authen#i r;.,: BROKER'S SIGNATURE 13 7n2019 3:4329 PM PDT FIRM NAME AS LICENSED Windermere Chamber's Bay 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type AuthentisignID:42858150-AE84.4808-AEED-3941F6F9F1C0 Form 89 ©Copyright 2010 Earnest Money Receipt Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 RECEIPT FOR EARNEST MONEY This Receipt is for Earnest Money received as part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the"Property").4 Address City Stale Zip 07/07/2019 On the undersigned received earnest money from Buyer in the amount 5 of$ 500.00 by 66 personal check ❑ cashier's checks ❑ promissory note ❑ cash 6 ❑ other( ). 7 Jason Leyes 8 Print Name C � Windermere Chambers Bay 9 Firm (Company) 07/07/2019 Authenfi:., 10 Signet 93=4330 FW POT Selling Broker 11 ❑ Closing Agent 12 ❑ Other 13 NOTE: If the Earnest Money is cash, you must deposit it or deliver it not later than the first banking day following 14 receipt, regardless of the terms of the Purchase and Sale Agreement. 15 Authentisign ID!42B58150-AE84-4808-AEED3941F6F9F1C0 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot four(4), Block two (2), Shorecrest Terrace 3rd Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 02004 Abbreviated Legal: Lot 4, BLK 2, Shorecrest Terrace Third Addn. 07107/2019 ParcelNo(s): 32021-56-02004 Purported Address: None assigned, WA This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:42858150-AE84-4808-AEED3941 F6F9F1 CO ["I N 4 MASON 'COUNTY I 07107/2019 TITLE. 'COMPANY Part of the Aegis Land Title Group Property Address: Vacant Land, Shelton, WA 98584 Shorecrest Terrace Third Addition (Volume 5, Pages 92-93) 57 7.0 40 41 • .W :r r 7l: .J tN N • C I .1 d r Z 70, i • r E5s•l.`w _ � 10 !t.1 � 34 , I - • M 35 D �••q aL !! l r7 d vat This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:42B58150-AE84-4808-AEED-3941F6F9F1C0 1 C�J � 4 MASON . COUNTY 07/07/2019 (ji TITLE NY Part of the Aegis Land Title Group r cd; �e r k J sL ,.w f a a This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matters related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713 /(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:42B58150-AE84-4808-AEEDJ941F6F9F1C0 Mason County Title Company MASON COUNTY 130 W Railroad Avenue TITLE COMPANY PO Box 278 Shelton,WA 98584 Phone: (360) 426-9713 Commitment for Title Insurance Our File No.: 20191718 Seller Name: Mason County Buyer Name: Property Address Reference: None assigned WA Thank you for your transaction,we look forward to serving you. Enclosed please find a copy of the title commitment for the above referenced transaction,which contains hyperlinks to all the relevant historical documents.You will also find a PDF copy of the historical documents for your convenience. If you have any questions pertaining to this information, please do not hesitate to contact us. We appreciate your business and look forward to serving you. Title Department Contact Information: MasonTitle@MasonCountyTitle.com Shelton Title address: Phone: 360-426-9713 130 W. Railroad Ave Fax: 360-426-0716 Shelton,WA 98584 Escrow Department Contact Information: Mason Escrow(a).MasonCountyTitle.com Shelton Escrow Address: Phone: 360-427-8088 134 N. 2nd Street Fax: 360-427-7179 Shelton, WA 98584 Belfair Escrow Address: Phone: 360-275-9160 23552 NE State Rte 3, Suite 2-A Fax: 360-275-8588 Belfair, WA 98528 For a quick video on how to read your title commitment and what it means to you please go to: How To Read Your Title Report Local decision making. Local authority. Local service. Nationally insured. Silverdale: Port Orchard: 10356 Silverdale Way,Suite 100,Silverdale,WA 98383 1590 Bay St,Port Orchard,WA 98366 PH: 360-337-2000 FX: 360-337-5888 PH: 360-874-2100 FX: 360-874-2160 Bainbridge island: 9431 Coppertop Loop NE,Suite 205—Bainbridge Island—WA—98110 PH: 206-451-8013 FX: 206-973-8598 www.atkitsap.com Richard Beckman Vacant Land Agent Detail Report Page 1 of 2 Listing# 1416182 441 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 4 BLK: 5 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd .-� Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602004 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: U. Crestview,left on Panorama to address on LD: 03/15/2019 � 7Z left. XD: 10/16/2019 OMD: ro LAG: Richard Beckman(55681) PH: (360)790-1921 c� L Ty -� FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 yt i iYp � SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.190 LSF: 8,276 LSZ: 70xl25x60x12. WFG: DOC: WFT: LDE: Paved Street VIEW HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191718 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CCBR's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM AuthentisignID:30CA7528-2EA4-429A-949A-07602A48D1F7 Form 35E ©Copyright 2015 Escalation Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 5,2019 1 between Steven& Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning Parcel#s(32021-56-02003&32021-56-02004) Shelton WA 98584 (the"Property"). 4 Address City State Zip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer(the"Competing Offer"). This Addendum does 6 not assure that the Competing Offer used to establish your purchase price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property. You are further advised that Seller or 8 Seller's broker(s) may disclose the terms of your offer, including this Addendum, to others. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to $ 500.00 more than the Net Price of the Competing Offer. In no event, however, shall the 12 new purchase price of this offer exceed $ 15,500.00 . The term "Net Price" means the stated purchase 13 price (or the maximum price if the Competing Offer contains a price escalation clause) less any price adjustments 14 such as credits to Buyer for closing costs. 15 2. COMPETING OFFER. A Competing Offer must be a bona fide, arm's length, written offer on NWMLS or similar 16 forms, containing all material terms necessary for an enforceable agreement which (a) requires the full purchase 17 price to be paid in cash at closing; (b) provides for closing no later than 60 days (60 days if not filled in) 18 from the date of this offer; and (c) is not contingent on the sale of the buyer's property (i.e. no NWMLS Form 22B 19 or equivalent). A Competing Offer may include other conditions, such as a buyer's pending sale of property 20 contingency(i.e. NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. Seller's escalation of this offer shall not be effective unless it is accompanied by 22 a complete copy of any Competing Offer used to escalate the purchase price, including any escalation 23 provision. 24 4. NEW PURCHASE PRICE WORKSHEET. The following formula is provided to assist the parties in calculating the 25 new purchase price. The worksheet can only be completed when the purchase price of the Competing Offer is 26 known. The accuracy or completeness of the calculation shall not render this Agreement unenforceable, and to 27 the extent the following calculations are inconsistent with the escalation provisions above, the escalation 28 provisions shall control. 29 Purchase Price of Competing Offer $ 30 (or the maximum purchase price of the Competing Offer if it contains an escalation provision) Less Credits to Buyer in Competing Offer $ 31 Competing Offer Net Purchase Price $ 32 Plus Escalation Amount(this offer) $ 33 Plus Any Credits to Buyer(this offer) $ 34 New Purchase Price (this offer) $ 35 Isis] 07/11/2019 [J'3;] 07/11/2019 Buyers Initials Date Buyers Initials Date Seller's Initials Date Sellers Initials Date 07/11/2019 PJ 07/11/2019 Mason County WA GIS Web Map 156070 731 E WOOD LN 320215607004 741 E WOOD LN 320215607003 • 320215607001 2156 0203 5 f: 751 E WOOD LN 32021550' 00' J 20215602036 d Y 90 E WOOD L Q • ff � Wirr�l� i�, a 'f 700 E WOOD LN uJ • 740 E WOOD LN 320215602038 320215602037 760 E WOOD LN 320219602039 3202158M 00 780 E WOOD LN 320295602040 3 202 WOOD O 041 2021 602007 f J 421 E PANORAMA DR 431 E PANORAMA D 320219502005 520215602004 �.� 3 20215602003 P 320215602002 320215602001 J Nr inti, � /i sm 471 E PANORAMA DR • 3221580 00 a 320210060020 320215601031 430 E PANORAMA DR 320215601035 32021580 00 3202156010;16 320215601037 8/7/2019, 2:04:24 PM 1:768 0 0.01 0.01 0.02 mi 0 County Boundary 0 0.01 0.02 0.04 km ' Site Address (Zoom in to 1:5,000) Tax Parcels (Zoom in to 1:30,000) Sources:Esri,HERE,Gartnin,Intemrap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Earl Japan,METI,Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Bureau of Land Management,Earl Canada,Esd,HERE,Garmin,USGS,NGA,EPA,USDA,NPS i Richard Diaz