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2023/01/09 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF January 9, 2023 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Cou. �A. _ t 1854 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 co"b Week of January 9, 2023 xs� Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday, January 9, 2023 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. WSU Extension—Dan Teuteberg 10:05 A.M. Economic Development Council—Jennifer Baria 10:20 A.M. Sheriff's Office—Sheriff Ryan Spurling 10:30 A.M. Public Defense—Peter Jones 10:35 A.M. Support Services—Mark Neary 11:10 A.M. Public Health—Dave Windom 11:15 A.M. Community Development—Kell Rowen 11:25 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioner Discussion—as needed Thursday, January 12, 2023 Emergency Operations Center 100 W Public Works Drive Shelton, WA 98584 8:00 A.M. Incident Command System for Executives, Senior Officials, and Elected Officials Commission meetings are live streamed at http://www.masonwebtv.com/and public commented is accepted via email msmith(&masoncountywa.aov;mail to Commissioners Office,411 N 5th Street, Shelton, WA 98584;or phone at(360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' office no later than 4 p.m.the Friday before the meeting. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 01/04/23 at 3:29 PM r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Dan Teuteberg Ext.686 Department: WSU Extension Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• 2023 WSU Extension—Mason County Memorandum of Agreement Appendix A Form Background/Executive Summary: This request is for the Chair to sign the 2023 Memorandum of Agreement(MOA)Appendix A between Mason County and Washington State University(WSU)Extension. This MOA provides funding for WSU Extension to provide programs in Mason County based upon the 2023 budget. Budget Impact(amount, funding source,budget amendment): WSU Extension Budget impact of$90,072 included in the 2023 Adopted Budget Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval for the Chair to sign the 2023 Memorandum of Agreement(MOA)Appendix A between Mason County and Washington State University(WSU)Extension. Attachments• Memorandum of Agreement i i, MEMORANDUM OF AGREEMENT Between WASHINGTON STATE UNIVERSITY EXTENSION i And MASON COUNTY APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1 , 2023 through December 31 , 2023 to provide an extension program. Federal Funds $0.0 Non-Federal Funds 90 072 TOTAL FUNDS $90.072 It is understood that non-Federal funds provided by the County in support of this agreement may be identified by WSU as match for Federal capacity program (Hatch Act, Smith-Lever Act, etc.) funds received by WSU to support Extension activities. Dr. Vicki McCracken Date Sharon Trask Date Associate Dean and Director Chair, Mason County Commission WSU Extension i Matthew Miehener Date Assistant Director Office of Research Support and Operations i January 3 , 2023 �rN�� coy;yr Mason County Agenda Request Form r 1.1 S 1 To: Board of Mason County Commissioners From: Chief Deputy Jason Dracobly Ext. 313 Department: Sheriffs Office Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ® Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Sole-Source Purchase Request for Federal Eastern International Patrol Rifle Upgrade Project Background/Executive Summary: This project was requested in the 2022 request for American Rescue Plan Act(ARPA) funds; Commissioners funded the project in the Sheriffs Office Budget-General Fund for 2023. Budget Impact(amount, funding source,budget amendment): None Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution for the sole-source purchase the R5561 Integral Suppressed Upper through Federal Eastern International to upgrade the current upper rifle system. Attachments: Resolution RESOLUTION NO. A RESOLUTION AUTHORIZING THE MASON COUNTY SHERIFF'S OFFICE TO ENTER INTO A SOLE SOURCE PURCHASE AGREEMENT FOR THE R5561 INTEGRAL SUPPRESSED UPPER WHEREAS, for the safety of Mason County Sheriff's Office commissioned law enforcement employees it is critical to purchase an upgraded AR15 upper rifle system. This system will replace current outdated uppers and provide needed sound protection for the user which will help to alleviate hearing loss. WHEREAS, research indicates Federal Eastern International is the only company that manufactures and sells the R5561 Integral Suppressed Upper in the needed configuration, and; WHEREAS, Mason County Code Chapter 2.21.030 allows sole source purchases with approval of the Mason County Commissioners; NOW,THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Mason County to authorize the purchase of the R5561 Integral Suppressed Upper from Federal Eastern International as a Sole Source. DATED this of 2023 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice-Chair Tim Whitehead, Chief DPA Kevin Shutty, Commissioner r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Chief Kevin Hanson Ext.369 Department: Jail Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ® Human Resources ® Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• City of Shelton Prisoner Housing Contract Background/Executive Summary: The County Jail has been on booking restriction since 2016. Initially the restrictions were due to the demand of incarcerating being beyond the physical capabilities of the Jail. Those restrictions have been modified,but are still in place, over the last couple years mostly due to the vacant Corrections Deputy positions the Jail has been unable to fill. The Jail does not have the resources or physical facility space to adequately serve the incarceration needs of the City. The City of Shelton found other available inmate bed space and subsequently asked to renegotiate the prisoner housing agreement between the County and the City. The resulting contract eliminated the fixed rate-guaranteed beds and changed the use to a daily per diem rate. The daily rate is set at$130. Budget Impact(amount, funding source,budget amendment): The anticipated reduction of bed use may reduce the annual revenue by$180k-200k. Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval of the revised Interlocal Agreement for Use of Jail Facilities with the City of Shelton. Attachments: Agreement INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES This interlocal agreement is made and entered into by and between Mason County ("County"), a political subdivision of the State of Washington, and the City of Shelton ("City"), a Washington municipal corporation. RECITALS WHEREAS, Chapters 39.34 and 70.48 of the Revised Code of Washington authorize the County and the City to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, the City wishes to designate the County's jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody; and WHEREAS, the County is amenable to accepting and keeping inmates received from the City in the County's custody at its jail for a rate of compensation mutually agreed to herein; and WHEREAS, the County and City have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080, RCW 39.34.180, Chapter 70.48 RCW, and other Washington laws. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties agree as follows: 1. PURPOSE It is the purpose and intent of this Agreement that the County, through the Mason County Sheriff's Office Corrections Division ("Sheriff's Office"), and the City, through its Police Department or City Manager, shall cooperate for the care and custody of adult male and female jail prisoners pursuant to the authority of Chapters 39.34 and 70.48 RCW. This Agreement provides for the use by the City of the County's jail facilities and services at the County's jail located at the 411 North 4th Street, Shelton, Washington 98584 ("Jail"). 2. CONTROL OF JAIL The City acknowledges the County's statutory responsibility for, ownership of, and operational control over the Jail. The County shall administer, manage, maintain, and operate its facilities consistent with all applicable federal, state, and local laws, policies, procedures, rules, and regulations. The City hereby consents and agrees that inmates committed to the Jail by the City are subject to all rules and regulations applicable to County inmates incarcerated therein, including but not limited to all terms and conditions of this Agreement. It is further understood by the parties that the County shall be solely responsible for operational decisions regarding the appropriate level of security, inmate management, and housing of all inmates. The Sheriff will Page 1 of 16 reasonably consult with the City's Police Chief regarding issues concerning City Inmates, as defined in Section 4. 3. AVAILABILITY OF JAIL FACILITIES AND SERVICES PROVIDED (a) At the request of the City and subject to the capacity provisions below, the County will accept and keep inmates and provide inmate services for gross misdemeanor or misdemeanor cases initiated by the City and felony cases referred to the County for those offenses alleged to have been committed by adults within the City. Upon transfer of custody to the County as provided in Section 8, the County shall be responsible for confining, supervising, disciplining, and controlling the inmate and for administering the inmate's sentence pursuant to the order of the committing court. (b) Capacity. The County will no longer accept City Inmates in the event that the Jail is declared at or near capacity by court order or in the event that the County, in its sole discretion, determines the Jail's inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Jail might be reached or exceeded if the County does not begin to refuse or request removal of inmates provided that the County shall not refuse to accept City prisoners on mandatory arrests. i. Removal of Inmates from County custody. In the event the County requests removal of inmates based upon capacity, the County shall confer with the City to determine which City Inmate(s) shall be removed. If the Jail has sufficient capacity for any City Inmate(s)to remain in the Jail, the City shall have the discretion to determine which City Inmates will remain in the Jail. City inmates shall be removed no later than 72 hours from the date of request. (c) Release or Transfer.The County will not release a City Inmate or transfer custody of a City Inmate to an agency other than back to the City, except as authorized by this Agreement. i. City Inmates may be released from the Jail for the following reasons: 1. Request by City. The County shall release or transfer a City Inmate upon the County's receipt of a written request by the City. When requesting a custody transfer, the City may request return of a City Inmate in order for the City to resume custody or may request transfer of a City Inmate to the custody of another jurisdiction. Any necessary transport shall be by the City or another jurisdiction or by the County with expenses to be paid as provided in Section 7. 2. Court Order. The County shall release or transfer a City Inmate upon the County's receipt of an order directing the inmates release or transfer when the order is issued by a court having jurisdiction over a City Inmate. Any necessary transport will be according to the terms expressed in the court order or will be by the City or the County, with expenses to be paid as provided in Page 2of16 Section 7. If the City's municipal court judge orders that a City Inmate's sentence is to be carried out in another facility or jurisdiction, the order shall be honored by the County to the extent possible, although the County may take into consideration whether another jurisdiction has charges outstanding against the inmate. 3. Permission from City. The County may release or transfer a City Inmate if the County obtains the City's written permission, with necessary transportation expenses to be paid by the County. 4. Request by the County. At the County's request, the City shall remove high needs inmates, as defined in section 4(d),from the Mason County Jail no later than 72 hours from the date of request. In the event that the County releases a City Inmate without written authorization from a court of competent jurisdiction or from the City, the City will not be responsible for paying any further booking fees for the individual on any arrest warrant, detainer, probable cause affidavit, citation, other charging document, or judgment and sentence existing at the time of the unauthorized release. (d) Standards. The County shall provide inmate services to City Inmates in the same manner and to the same extent as the County furnishes for the confinement of its own gross misdemeanor or misdemeanor offenders. (e) Video In-Custody Hearings. The County shall continue to make available the Jail's facility space, equipment, and security personnel in order to facilitate in-custody video hearings by the Shelton Municipal Court for City Inmates incarcerated at the Jail. A City Inmate's attorney or City staff shall be present at the Jail to facilitate the administrative court functions of each hearing, unless otherwise agreed to by the County. The City will continue to provide video equipment for such purposes. The scheduling of video court services shall be mutually agreed upon by the County and the City. 4. INMATES DEFINED (a) "City Inmate" means those inmates charged in the City's municipal court; those inmates confined and being held by reason of a warrant, order, or judgment issued by the City's municipal court; those inmates arrested by a City law enforcement officer for a misdemeanor or gross misdemeanor offense while held prior to charging or to release without charges; and those inmates who are originally arrested for a felony offense once they are referred to the City's prosecutor for filing in the City's municipal court as described below in Section 4(c). "City Inmate" does not include those inmates arrested by a City law enforcement officer solely based on an outstanding warrant from another jurisdiction,those inmates arrested by a City law enforcement officer for a felony offense, or a County Inmate. Page 3of16 (b) "County Inmate" means those inmates arrested by a County law enforcement officer while held prior to charging or to release without charges; those inmates charged in Mason County Superior Court or Mason County District Court; and those inmates confined by reason of a warrant, order, or judgment issued by Mason County Superior Court or Mason County District Court. (c) Determination of Case Status. The Mason County Prosecuting Attorney ("Prosecuting Attorney") shall have the sole authority to determine which felony arrest cases submitted by the City shall be charged as felonies and which as gross misdemeanors or misdemeanors. If the Prosecuting Attorney determines that a case should not be charged in Mason County Superior Court or Mason County District Court,the case shall be referred to the City's prosecutor for possible filing in municipal court with inmate services charged to the City. Following determination of case status by the Prosecuting Attorney, the City shall not be responsible, financially or otherwise, for any County Inmate. If the Prosecuting Attorney determines that a City case originally charged as a gross misdemeanor or misdemeanor in municipal court will be charged in Mason County Superior Court or Mason County District Court,then all inmate services will be charged to the County. (d) "High needs Inmate" is any inmate requiring isolation for their own protection, disciplinary, medical, or mental health. (e) When a material witnesses is held in the Jail, inmate days arising solely from a material witness warrant shall be allocated to the party issuing the material witness warrant. S. COMPENSATION FOR SERVICES (a) Compensation. The City shall pay the County for bed space and services for City inmates, including booking services, at the rates established in Appendix A to this Agreement, which is incorporated herein by this reference. (b) Calculating Time.The time period for billing purposes shall be measured starting from the time the City Inmate is transferred to the custody of the County and ending either when an inmate is released or when the inmate is no longer considered a City Inmate. Any portion of a day over four (4) hours will be billed as one (1) calendar day. (c) Allocation. In the event that an inmate is held on multiple charges or sentences, the following procedure will apply to determine charges assessed to the City: i. Costs for persons incarcerated on a City charge or sentence who is also being held in custody on the County's or another jurisdiction's charge or sentence shall be the shared responsibility of all charging or sentencing jurisdictions. ii. For these shared inmates, the City shall be billed the proportionate percentage share of the bed rate and the non-routine health care expenses for the shared Page 4of16 incarceration period. If an inmate is incarcerated on both a County sentence and a City sentence,the additional bed rate and non-routine health care expenses will be split equally between the County and the City. iii. The County will provide the City with notice by telephone or email when a shared inmate's status changes from a shared inmate to that of a City Inmate exclusively, for example when an inmate completes another jurisdiction's sentence but continues to be held by the County solely on a City charge or sentence. This notice will be provided at least two (2) business days prior to the change in status when practicable and otherwise within a reasonable time. If municipal charges are dropped or resolved, such that an inmate's status changes from a shared inmate to a County inmate exclusively, the City's financial responsibility for that inmate shall end.The City will provide the County with notice by telephone or email when a shared inmate's status changes to a County Inmate exclusively. iv. Nothing in this section prevents the City from releasing or furloughing its hold on an inmate. However, if the City voluntarily releases or furloughs an inmate and then reinitiates the hold on the same booking number during the same course of incarceration, the City shall pay the administrative booking fee outlined in Appendix A (d) Billing and Payment. The County shall transmit billings to the City quarterly, invoicing the City for all services, including daily bed rates, booking fees, and any non-routine health care expenses not billed directly to the City. Within forty-five (45) days after receipt of a timely billing invoice,the City shall pay the full amount billed or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the ground(s) for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). If the County does not provide timely billings and instead provides more than one bill during the same month,the City shall have additional time to respond, namely an added forty-five (45) days for each late billing;for example, if the County transmits two (2) bills during the same month, the City shall have ninety (90) days from the latest dated bill to respond to both bills. Account balances overdue thirty (30) days or more will be subject to a service charge of 1% per month (12% per annum). Should collection become necessary, the City will pay all collection costs associated with late payments. Withholding of any amount billed shall constitute a dispute, which shall be resolved in accordance with Section 19. i. Charges for services rendered shall be made as they accrue each quarter and shall be substantiated with documentation. In conjunction with each quarterly invoice, the County agrees to provide the City with quarterly reports providing a tally of the total inmate days used for the quarter and documenting the names of all City Inmates held in the Jail that quarter, the names of all City Inmates held in other facilities on behalf of the County that quarter, the number of inmate days Page 5of16 attributed to each City Inmate, and all active case numbers assigned to each City Inmate, referencing the reason for custody. 6. HEALTH CARE AND ASSOCIATED COSTS (a) Health Care Services. Inmates shall receive medical, mental health, and dental treatment when medically necessary to safeguard their health while in custody as required by law. Upon transfer of custody of a City Inmate to the County, the County will provide or arrange for the City Inmate to receive necessary medical, mental health, and dental services in accordance with applicable law and Jail standards. (b) Inmates' Ability to Pay. As required by RCW 70.48.130(4), the County, as part of the screening process upon booking or preparation of a City Inmate into the Jail, shall identify general information concerning the inmate's ability to pay for health care, including insurance or other medical benefits or resources to which an inmate is eligible or entitled. The inmate shall be evaluated for Medicaid (or its equivalent) eligibility and, if deemed potentially eligible, enrolled in the program. This information shall be made available to the City and to any provider of health care services, among others. Nothing in this Agreement prohibits or otherwise restricts the City from conducting its own evaluation of a City Inmate's ability to pay for health care, including but not limited to Medicaid eligibility, or from enrolling City Inmates in appropriate programs. (c) Cost of Routine Health Care. As between the City and the County, the County shall be responsible for the costs of providing City Inmates with routine health care. Such health care will include those health care services delivered within the facility at normal cost by County staff, contracted practitioners, or nursing staff. (d) Cost of Non-Routine Health Care. As between the City and the County, the City shall be responsible for the costs of providing City Inmates with emergency, exceptional, or non- routine necessary health care. Non-routine necessary health care shall include practitioner-ordered health care or medical services delivered to City Inmates outside of the facility, specialized care provided by non-contract health care providers in or out of the facility, emergency treatment, including EMS and the local hospital emergency department, and related emergency or specialized medical transportation costs. However, the County shall be responsible for the payment of non-routine health care costs when City Inmates are assaulted while in the County's custody, unless a City Inmate instigates the action where he or she is injured, or when those costs are incurred as a result of conditions in the Jail. i. Notice. Except in situations deemed an emergency by the County,the County shall notify the City prior to a City Inmate receiving medical, mental health, or dental services from an outside provider or institution, and upon request will work with the City to investigate the possibility of release from custody. In emergency Page 6of16 situations, the County shall notify the City, as soon as reasonably possible, when the County becomes aware that a City Inmate needs emergency care. ii. Change in Custody. When health care or medical services are delivered to a City Inmate outside of the facility, the County shall be responsible for the first four (4) hours of off-site custody. Following notice from the County, the City shall assume custody of the inmate at the start of the 5th hour. iii. Billing. The City shall be billed directly by the medical care provider(s) or institution(s) for all non-routine health care costs. However, if a circumstance arises where direct billing is prohibited by law or otherwise not possible, then those non-routine health care costs will be billed in the same manner and subject to the same requirements and rights as quarterly invoices for inmate housing provided in Section 5(g). When the County receives invoices from third-party medical institutions or offsite providers for services provided to any City Inmates, the County shall send those invoices to the City as they are received by the County, including invoices received for non-routine health care expenses incurred for a shared inmate as described in Section 5(c). (e) Felony Offenders and Allocation. The County shall be responsible for non-routine healthcare costs for inmates arrested and incarcerated by a City law enforcement officer on a felony or district court offense. Health care costs for persons held under charges or sentences from multiple jurisdictions including the City shall be allocated as provided in Section 5(c). (f) Cost Reduction Efforts. The County agrees to utilize existing agreements with medical practitioners and organizations to mitigate medical costs, to make its best efforts to negotiate additional favorable agreements, and to seek out all eligible third-party reimbursement for medical costs (including health or auto insurance, DSHS/Medicaid, and/or the State of Washington), in the same manner and to the same extent as the County does for offenders held on its own charges. Specifically, regarding prescription medication, the County agrees to use the DOC Formulary, whenever possible, when it or its agents prescribes medication to City Inmates. 7. TRANSPORTATION OF CITY INMATES (a) In-Person Court Appearances.The City will provide transportation for City Inmates to and from the Mason County Jail for all in-person Municipal Court appearances on City charges. Consistent with Section 7(b), if the County is housing a City Inmate in an off-site location, the County will transport the inmate to the Mason County Jail pending pick-up bythe City. The City will notify the County no later than 2 p.m. the day before a City Inmate has a scheduled court appearance, unless the City Inmate was incarcerated after 2 p.m. and is required to appear in court by the close of business the next day. Page 7of16 (b) Additional Transports. For additional transportation by the County required by court order or made at the City's request, the City shall reimburse the County for staffing and fuel costs associated with the City Inmate's transport. Such transports shall be approved by the City prior to the transport, and the County may agree to permit the City to provide partial staffing for the transport in order to reduce costs. In the event that the City requests release of a City Inmate to either the City or another jurisdiction,the inmate will be transported by the City or another jurisdiction or by the County at City expense, except that the County shall be responsible for first returning the inmate to the Jail if the inmate is being held in an alternative housing facility pursuant to Section 3(d). 8. TRANSFER OF CUSTODY FROM THE CITY TO THE COUNTY (a) Arrest Warrant or Citation. City law enforcement officers placing an arrested person in the custody of the County shall, in every instance, furnish an arrest warrant, probable cause affidavit, citation, or other charging document to the County's receiving officer on d uty. (b) Commencement of Custody by County. A City Inmate shall be deemed transferred to the custody of the County when Corrections Deputies from the Sheriff's Office take physical control of the inmate and accept lawful charging documents. (c) Right to Refuse an Inmate. The County shall have the right to refuse custody of a City Inmate under any one of the following circumstances: i. Lack of Appropriate Records. The County may refuse custody of an inmate until the City has delivered copies of any records pertaining to the inmate's incarceration by the City. If a City Inmate has received or refused medical, mental health, or dental treatment from the City before confinement in the Jail, the City shall provide to the County written verification of any authorization of or refusal to authorize care or treatment for such inmate. If the County requests additional information regarding records,the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept custody of the City Inmate. ii. Pending Medical Needs. The County shall have the right to refuse to accept any City Inmate who, at the time of presentation at the Jail for initial confinement, appears in need of medical, psychiatric, or dental attention, until the City has provided necessary medical, mental health, or dental treatment to the inmate. iii. Booking restrictions. The County will maintain the right to refuse non-mandatory City arrests for inmates who do not meet booking restrictions as established by the Sheriff. The City shall have 72 hours to remove these inmates from the Mason County Jail. Page 8of16 (d) Inmate Property. A City Inmate's property shall be limited to the amount that can be stored in a locker. City law enforcement officers delivering a City Inmate to the County's custody shall be responsible for ensuring property allowed to be transported with the inmate is properly packaged. 9. INMATE RIGHTS AND PROGRAMS (a) Early Release Credit and Discipline. City Inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all inmates at the Jail. The County shall maintain and manage City Inmate disciplinary issues and will administer sanctions as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the Jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined. If the County finds removal of earned early release credits is appropriate, the County will provide the City with hearing results and remove earned early release credits. (b) Programs. The County shall provide City Inmates with access to all educational, recreational, and social service programs offered at the Jail under the terms and conditions applicable to all other inmates in the Jail. 10. UNUSUAL CIRCUMSTANCES In the event of one of the following circumstances, the City's Police Chief or an on-duty Shelton Police Department Supervisor shall be promptly notified by telephone with a follow-up notification in writing. (a) Escape. In the event of a City Inmate's escape from the County's custody,the County will have the primary authority to direct the investigation and to pursue the inmate within its jurisdiction. Costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return an escaped City Inmate from outside the County, except if the County relocates an inmate to another jurisdiction's facility outside of the County, then the County must ensure the other jurisdiction investigates and pursues the escaped inmate. (b) Death. In the event of a City Inmate's death in the Jail, the Sheriff's Office and the Mason County Coroner will investigate the circumstances. In the event of a City Inmate's death in another jurisdiction's facility following relocation by the County, the County must ensure the other jurisdiction investigates the circumstances. The City may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. The County shall, subject to the authority of the Mason County Coroner,follow the written instructions of the City regarding the disposition of the body. Such written instructions shall be provided within three (3) working days of the City's receipt of the notice of death. The City shall be responsible for expenses related to necessary preparation of the body and transport charges. With written consent from the Page 9of16 City, the County may arrange burial and matters related or incidental thereto, and the City shall pay such expenses. This paragraph deals with relations between the parties of this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or associated expenses. (c) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), the County shall exercise all reasonable care for the safekeeping and custody of such inmates(s) and shall notify the City of the whereabouts of City Inmates in the event relocation was required. 11. CITY ACCESS TO FACILITY AND INMATES (a) Access to Facility. City personnel shall have the right to inspect, at mutually agreeable times, the Jail in order to confirm the Jail maintains standards acceptable to the City and City Inmates are treated appropriately. (b) Access to Inmates. City personnel, including law enforcement officers, prosecutors, and criminal defense attorneys shall have the right to interview inmates at reasonable times within the Jail, subject only to necessary security rules. City personnel and criminal defense attorneys shall be afforded use of Jail interview rooms in equal priority with any other department, including the County. 12. RECORD KEEPING (a) Type and Form of Records. The County agrees to maintain a system of record keeping relative to the booking and confinement of each City Inmate consistent with the record keeping by the County for all other inmates and in accordance with all statutory requirements. The County shall keep records of all medical, mental health, or dental services it or its agents provides to an inmate. Upon resumption of custody by the City, and in accordance with applicable law, the City shall receive a copy of a City Inmate's medical, mental health, or dental records held by the County or the contract medical provider for the County. (b) City Access to Records. The County shall make copies of records available to the City within five(5)days of the City's request or as otherwise agreed. In the event that a release of records is expressly prohibited by applicable law concerning the confidentiality of medical records(including the federal Health Insurance Portability and Accountability Act, "HIPAA"), the County agrees that it will enter into a business associate agreement under the HIPAA as necessary to implement the intent of this Agreement. 13. INDEMNIFICATION (a) Indemnification of City.The County shall indemnify and hold harmless the City, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, Page 10 of 16 expenses, and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the County, its officers, agents, or employees. (b) Indemnification of County. The City shall indemnify and hold harmless the County, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, expenses,and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the City, its officers, agents, or employees. (c) Joint Liability.To the extent that any claims, damages, losses, and expenses are caused by the concurrent negligence or intentional acts of either of the parties, its officers, agents, or employees, the other party's indemnification obligation hereunder shall be limited to that party's proportionate share of liability as determined by a court of competent jurisdiction or as agreed to by the parties to this Agreement. 14. LEGAL STATUS (a) No Separate Legal Entity. This Agreement is executed in accordance with the authority of Chapter 39.34 RCW. It is not the intention of the parties to create a new or separate legal entity by this Agreement. This Agreement does not establish or create a joint venture or partnership between the parties, and no party shall be responsible for the liabilities and debts of the other party. (b) Independent Contractor. In providing services to the City under this Agreement, the County is an independent contractor and County officers, agents, and employees are not employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right that may accrue to a City employee under any applicable law, rule, or regulation. 15. INSURANCE (a) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability, and police professional liability. The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (b) Certificate of Insurance/Proof of Coverage. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate or its Page 11 of 16 equivalent from a solvent insurance provider confirming coverage from a solvent insurance pool that is sufficient to address the insurance obligations set forth above. 16. EFFECTIVE DATE AND DURATION (a) Effective Date. This Agreement shall be effective when both parties have duly executed this Agreement. Prior to its entry into force,this Agreement must be filed with the Mason County Auditor or, alternatively, listed by subject on the County's or the City's website or other electronically retrievable public source. Once this Agreement becomes effective, it shall replace and supersede any and all previous agreements between the parties regarding use of the Jail. (b) Duration. This Agreement shall continue through December 31, 2026, unless terminated earlier in accordance with the provisions of this Agreement. At the end of the term, if neither party gives notice of termination,this Agreement shall automatically renew in one (1)year increments from January 1 through December 31. Nothing in this Agreement shall be construed to make it necessary for the City to house inmates with the County. 17.TERMINATION (a) Notice. Termination of this Agreement by either party may be accomplished on ninety (90) days'written notice to the other party and to the Washington State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected prisoners. (b) Termination by County. In the event of a notice of termination from the County, it shall be the County's obligation to transport the City Inmates at its own expense, on the effective date of such termination. Until such removal, the parties shall retain all rights hereunder, notwithstanding such termination, until all City Inmates are removed or released from the County's custody. (c) Termination by City. In the event of a notice of termination from the City, it shall be the City's obligation to transport the City Inmates at its own expense, on or before the effective date of such termination. Until such removal, the City shall pay the daily rate compensation and costs set forth herein related to inmate housing and services, plus an additional five dollars ($5.00) per inmate for every 24-hour period or part thereof that a City Inmate remains in the Jail; and the parties shall retain all rights hereunder, notwithstanding such termination, until all City Inmates are removed from the Jail. 18. SEVERABILITY, SURVIVAL,AND NON-WAIVER Page 12 of 16 (a) Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this extent and purpose the terms and conditions of this Agreement are declared severable. (b) Survival.The provisions of Sections 13, 18, 19, and 20 shall survive the termination of this Agreement. (c) Non-Waiver. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute acquiescence thereto. 19. GOVERNING LAW, DISPUTE RESOLUTION, AND VENUE (a) Governing Law. The parties hereto agree that, except where expressly provided otherwise, the laws and administrative rules and regulations of the State of Washington shall govern in matters relating to this Agreement and an inmate's confinement under this Agreement. (b) Dispute Resolution. Either party may notify the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty (30) days of this notice, the parties shall meet to resolve the dispute. If the dispute is not resolved,then at the request of either party, it shall be referred to non-binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternatively, the parties may agree to select a mediator through a mediation service mutually acceptable to both parties. The parties shall share equally in the costs charged by the mediator(s) or mediation service. If mediation is not successful in resolving the dispute, either party may seek court action. (c) If mediation is not successful, either party may pursue resolution of the dispute through litigation or arbitration. Each party shall bear its own costs and expenses of litigation or arbitration. (d) Venue. The parties agree that any action relating to this agreement shall be instituted in accordance with RCW 36.01.050 and Chapter 4.12 RCW. 20. NO THIRD-PARTY BENEFICIARIES Page 13 of 16 This Agreement is not intended to benefit any person, entity, or municipality not a party to this Agreement, and no other person, entity, or municipality shall be entitled to be treated as a beneficiary of this Agreement. This Agreement is not intended to nor does it create any third- party beneficiary or other rights in any third person or party. 21. NON-DISCRIMINATION POLICY The County and the City agree not to discriminate in the performance of this Agreement because of race;color; national origin;sex; sexual orientation; age; religion;creed; marital status; disabled or Vietnam-era veteran status; the presence of any physical, mental, sensory handicap; or any other status protected by law. 22. MAILING AND CONTACT ADDRESSES All written notices, reports, and correspondence required or allowed by this Agreement shall be sent to the following: County: Mason County Jail Attn: Chief Deputy of Corrections P.O. Box 1037 411 North 4th Street Shelton, Washington 98584 Facsimile: (360) 427-9197 Telephone Number: (360) 427-9670 Ext. 369 City: City of Shelton Attn: Court Administrator/Jail Contract Administrator 525 West Cota Street Shelton, Washington 98584 Telephone Number: (360) 426-9772 Ext. 0 Page 14 of 16 BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Tim Whitehead, Chief Deputy Prosecuting DATE: Attorney CITY OF SHELTON, WASHINGTON Kevin Shutty, Chairman DATE: Sharon Trask, Commissioner Jeff Niten, City Manager Randy Neatherlin, Commissioner Attest: Donna Nault, City Clerk Attest: Melissa Drewry, Clerk of the Board Approved as to Form and Content: Kathleen Haggard, City Attorney Approved as to Form and Content: Ryan Spurling, Sheriff Mason County Sheriff's Office Page 15 of 16 Appendix A Costs and Fees 1. Per Diem In return for the County's housing of a City inmate, the City shall pay the county $ 130.00per day. 2. Booking Fees The City agrees to pay the County an additional $ 75.00 for each booking conducted by the County where a City Inmate's stay does not exceed four(4) hours or where the City voluntarily releases or furloughs an inmate and then reinitiates the hold on the same booking number during the same course of incarceration as described in Section 5(c)(iv), unless the City Inmate was previously released by the County without court authorization and is being booked on any arrest warrant, detainer, probable cause affidavit, citation, other charging document, or judgment and sentence existing at the time of the unauthorized release. If an offender is being booked on charges from multiple local jurisdictions,the booking fee will be split evenly between those jurisdictions to the extent possible. The booking fee is intended to compensate the County for the costs of registering, fingerprinting, photographing, and initial screening and examining of persons presented for confinement. Page 16 of 16 r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Public Defense Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• 2023 Indigent Defense Contracts with Taschner Law Office Background/Executive Summary: Contracts are the same as 2021 and 2022,with the exception of the new pricing presented in the budget workshop and expanded case type assignments. Budget Impact(amount, funding source,budget amendment): None, accounted for in 2023 budget. Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval of the 2023 Indigent Defense contracts with Taschner Law, PLLC to provide legal representation for both District Court and Superior Court. Attachments: Contracts MASON COUNTY PROFESSIONAL SERVICI:;,S CONTRACT This CONTRACT is made and entered into by and betvveen Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to aE� "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County District Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following; Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County (District Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of $50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. General Conditions Scope of Services: CONTRACTOR. agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2022, and will end on December 31, 2022 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are riot compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing regUrernents. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State in--ome taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACT'-OR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise -ax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to 2 Perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent: that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUN1-Y may act in accordance with any determination of the Administrative Officer which has becorne conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other thain COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The perrormance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any ,pub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment; COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Non-Discrimination in Client Services: CONTRACTOR: shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition; CONTRACTOR: irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Confidentiality: CONTRACTOR., its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review- 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other- materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given 1;0 CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as; ai Condition of Payment: Payments due 1:o CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof cf Insurance: A Certif'cate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indernnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other' employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts, The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C. Surv'val of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT, Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the ;Mate of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT, The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: pet_erj��co.mason.wa.us 6 COFJTRACTOR's Primary Contact's Information: l' 1 IL.r�l Z _So�z",L ��r� j - Z L C �o--lz``_ c7 C1 S) Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. maail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termunation for Default.- A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assicinment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTR.ACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the samE,' as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit 13 Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 8 The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice cif Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. The CONTRACTCR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the; event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the game shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN vv iTNE SS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date andl year last written below. CONTRACTOR, BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHIN(.:;TON NAME(Pririt): NAME(F'rint): ^� Dated: ? � Dated.- CHIEF PUBLIC: DEFENDER NAM= Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOI�t's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases, B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system w& adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the cage has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E, CONTRACTOR agrees to attend seven hours of training approved by the Office of Public ❑efense prior to 12/_)1/17. F. CONTRACTOR agrees to be available to take telephone calls from the jail on ne+nr misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shell be apportioned a roughly pro rats share of cases requiring an interpreter based on total number of cases assigned to the Mason County Office of Indigent Defense. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including, case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting; CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract: including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for seirvices may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide they client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of six thousand ($6,000) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid-month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the bane monthly base compensation, CONTRACTOR shall be paid $250.00 for the first day of trial and $125.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of $150.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR; and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requirirg exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shalt bill COUNTY an hourly rate of$50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone n-Imber and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Julie Hansen Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHan,,,,en@masonCOLintywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. EXHIBIT D SUPREME: COUR;'f OF WASHINGTON'S Order ;?5700-A-1004• MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to als "COUNTY" and Taschner Law, PLLC, referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHE_I:ZEAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County Superior Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR, will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County Superior Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR, for time spent following the end of the term at the rate of $50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or mere days before last clay services will be provided. General Conditions Scone of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Ex',iibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The perl:ormance period for this CONTRACT will start on Jan 1, 2022 and will end on December 31, 2022 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensabee under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRAST is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this ("ON TRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to 2 perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of-the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains reiief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor ;Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-B2con Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: 3 The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any Employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or, not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY mety require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to hislherliis receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncom petition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR. in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a Court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, ;judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office, Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT germination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any Inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT, Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity Linder Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, Including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or, death and for any damage to or destruction of any property (includinc the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and thOir employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-4-27-9670 Ext. 280 E-mail: l?etgrj.Qco.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: Q C as C A T Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall riot be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due 'to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall riot constitute breach of CONTRACT by COUNTY, 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit 8 Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or, other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 8 The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of (potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. Other than claims for injunctive relief brought by a party hereto (which may be! brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severalbility: If any term or condition of this CONTRACT or the application thereof to any person(s) or' circumstances is held invalid, such invalidity shall not affect other terms, conditions er applications which can be given effect without the invalid term, condition or application. To this end, the: terms and conditions of this CONTRACT are declared severable. Waiver Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the ;;arne shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit la. B. Exhibit C Insurance Requirements C. Special Conditions D. GenE:ral Conditions E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year (last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(:�'rint};� c at''Lu 7 NANIE(Print): Dated: .�� 'r" -r�` _ Dated: CHIEF PUBLIC; DEFENDER NAME(Print}:___ Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOR.'s Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seg., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of --ounsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the SupE�rior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been termAal:ed by final judgment, including final rulings on post-trial motions (if any), restitution hearing:, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court, E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shall receive roughly a pro rats share of cases requiring an interpreter as judged by the total number of cases assigned to the Mason County Office of Indigent Defense, Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No, 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 6 unweighted felony appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. 2. CONTRACTOR shall not be assigned more than two of the following cases in a single rnonth: a. Class--A felony cases; b. Offenses that are "most serious offenses" as defined in RCW 9.94A.030(33); c:. Violent Offenses as defined in RCW 9.94A.030(58); and d. Serious Violent offenses as defined RCW 9.94A.030(46); 3. CONTRACTOR shall not be assigned any homicide offenses to include Murders, Manslaughters, or Homicide by Abuse 4. CONTRACTOR shall not be assigned any class A sex offenses as described in RCW 9A.44. B. In the event the statistics generated in this review do not coincide with CONTRAC',TOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third (Party 'Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation �of Seven Thousand, Six Hundred Dollars ($7,600) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid-month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $350.00 for the first day of trial and $150.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of $250.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUN'TY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of $50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation, total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B, Submit via e-mail or hard copy as preferred to: Julie Hansen Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHansen@masoncountywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution, EXHIBIT D SUF'R.EME COURT OR WASHINGTON'S Order .'25700-A-1004- Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator January 9, 2023 Specific Items for Review →Veterans Assistance Policy amendments – Diane Zoren →Department Head & Elected Official meeting on January 31, 2023 at 11:00 a.m. – Mark Neary →Port of Allyn letter of support request to replace the Allyn pier – Mark Neary →Call for Bids for Sandhill Park batting cages – John Taylor →Reappointment of Parks Advisory Board member – John Taylor →Emergency Management camera placement in the community – John Taylor →Engineer’s Guild Memorandum of Understanding – Mary Ransier →Class/comp project update – Mary Ransier →2023 Budget amendment calendar – Jennifer Beierle →2022 Treatment Sales Tax fund transfers – Jennifer Beierle Administrator Updates Commissioner Discussion →Commissioner calendar updates for January 10 – 27, 2023 →Dept. of Natural Resource Committee on Geographic Name Proposals for Mason County – Cmmr. Shutty →Developmental Disabilities Program – Millage Levy – Cmmr. Shutty r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: McKenzie Smith Ext. 589 Department: Support Services Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Advisory Board Policy for the Veterans' Assistance Program Background/Executive Summary: RCW 73.08.010 authorizes Counties to establish a Veterans' Assistance Program to address the needs of local indigent veterans and their families. The program is funded by the Veterans' Assistance Fund created under the authority of RCW 73.08.080. The Veterans' Advisory Board(VAB)was established under the authority of RCW 73.080.035 and they administer the Veterans' Assistance Program. The VAB has recommended the Policy be amended to reflect the following changes: II. Financial Policy—increase the annual cap from$1,200 to $1,800 and the one-time catastrophic payment from$1,000 to $2,000 V. Referral to Other Services—increase burial or cremation costs from$1,000 to $1,600 Total 2022 Budget Authority$215,133; actuals $68,264.08; and remaining$146,868.92. 31.7% of the budget was used in 2022. The cash balance at the end of November 2022 was $221,866. Budget Impact(amount, funding source,budget amendment): Increase to Veterans' Assistance Fund actuals. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending the Mason County Veterans' Advisory Board Operating Policy& Procedures to reflect changes to section II. Financial Policy increasing the annual cap from$1,200 to $1,800 and the one-time catastrophic payment from$1,000 to$2,000 and section V. Referral to Other Services increasing burial or cremation costs from$1,000 to $1,600. r f Mason County Agenda Request Form r- lh'a.�— Attachments: Resolution Policy RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 2021-055 VETERANS' ADVISORY BOARDNETERANS' ASSISTANCE Increasing Maximum Monetary Amounts WHEREAS,Mason County established a levy per RCW 73.08.080 for the purpose of creating the Veterans' Assistance Fund for the relief of honorably discharged veterans or for veterans discharged for physical reason with an honorable record; and, WHEREAS,RCW 73.08.035 authorizes the establishment of a Veterans' Advisory Board and the Mason County Commissioners adopted Resolution no. 58-13 establishing the Veterans' Advisory Board (VAB); and, WHEREAS, RCW 73.08.010 provides for relief of indigent and suffering veterans and their families or the families of those deceased veterans and on April 25, 2017 the Board of Mason County Commissioners increased the annual limit of cash award from the Veterans' Assistance Fund at one thousand two hundred ($1,200) dollars to be spent on specific types of relief as noted in Attachment A, increased the burial assistance amount to one thousand ($1,000) dollars, and increased the one-time catastrophic amount to one thousand($1,000) dollars; and, WHEREAS, at the December 14, 2022 Veterans' Advisory Board meeting the Board made the recommendation to increase the annual limit of cash award from the Veterans' Assistance Fund to one thousand eight hundred($1,800)dollars,increase the burial assistance amount to one thousand six hundred ($1,600)dollars, and increase the one-time catastrophic amount to two thousand($2,000) dollars effective February 1,2023; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Mason County that the Veterans'Advisory Board Operating Policy and Guidelines is amended to show the increase of the annual limit of cash award from the Veterans' Assistance Fund to one thousand eight hundred ($1,800) dollars, burial assistance amount to one thousand six hundred ($1,600) dollars, and one-time catastrophic amount to two thousand($2,000)dollars as shown in Attachment A. DATED this 17'day of January,2023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Randy Neatherlin,Vice-Chair Tim Whitehead,Chief Deputy Prosecuting Attorney Kevin Shutty,Commissioner MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES Amendments are effective February 1, 2023. Mason County,Washington Sharon Trask,Chair Randy Neatherlin,Vice-Chair ATTEST: Kevin Shutty,Commissioner McKenzie Smith,Clerk of the Board Adopted June 11,2019 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES TABLE of CONTENTS I.Organizational Policies..............................................................................................................................3 II.Financial Policies.....................................................................................................................................3 III.Policy Establishing Board.......................................................................................................................4 IV.Eligibility Policies..................................................................................................................................4 V.Referral to Other Services........................................................................................................................5 VI.Appeal and Resolution Policy.................................................................................................................5 VII.Application Procedures.........................................................................................................................6 VIII.Processing of Packet Procedures..........................................................................................................7 Tm.Reeerds,Files,Fefms and Repei4s..........................................8-71X.Records,Files,Forms and Reports ......................................................................................................................................................................8 X.List of Attachments(Att.)........................................................................................................................8 Page 2 of 8 Adopted 018Mopted January 2023 I.Organizational Policies a. All RCWs(Revised Code of the State of Washington)within Chapter 73.08 RCW VETERAN'S RELIEF,with other RCWs and Mason County Resolutions will be used and referred to throughout this policy. b. The purpose of the Mason County Veteran's Assistance Fund(VAF)is to provide relief as set forth in RCW 73.08.010 to indigent and suffering veterans,their families and the families of deceased indigent veterans. c. Any honorably discharged veterans or veterans with a General Discharge Under Honorable Conditions or a General Discharge with Other than Honorable Conditions(Administrative Discharge),as outlined in RCW 41.04.005 and RCW 41.04.007,and meeting the criteria in I-b may apply. Accepted Formatted:Not Highlight documents include the following: DD-214 showing Honorable,General Under Honorable or Other Than Honorable(OTH);DD215 Correction to Military Record DD-214;Honorable or General Under Honorable Discharge Certificate;Reserve Discharges&Certificates;National Guard Discharge NG1322,DD256&Certificates. d. These policies and procedures are subject to review annually by the VAB. 1) If a revision is made,it is so noted and a narrative of revision is put in VAB minutes. 2) If no revisions are made,the date of review is noted,and put in VAB minutes. 3) Post Commanders will be advised concerning any revisions and reviews recommended by the VAB. 4) MCC has final approval of all revisions. e. The VAB will meet the second Wednesday of each month at 8:30am at the Memorial Hall on 2nd.and Franklin St.,in Shelton,WA. f. A quorum must be met to conduct any business that may come before the board. g. If a quorum is not met,the Chair may contact other members via phone/text messaging or by e-mail. h. Upon reaching a member,and member agrees to be part of the meeting,thus creating a quorum,the Chair must remain in contact with the member throughout the meeting. II.Financial Policies a. The funds for creating a Veterans'Assistance Fund(VAF)RCW 73.08.080,is generated from a tax levied by the Mason County Commissioners(MCC),use of the fund is governed by same RCW. b. Approval of the one.,,,.....and.we hundred($ """one thousand eight hundred($1,800)dollars for assistance shall be granted only for the following: 1) Past Due Rent or Mortgage 2) Past Due Utilities: i. Electric ii. Water iii. Natural Gas iv. Wastewater(sewer) 3.)Miscellaneous Items: i. Necessity Items(refer to list—Attachment A) a. Single$150.00 b. Married$200.00 c. +$50.00 per dependent ii. Needed Fire Wood or Propane 4) Other Items i. Obtain state ID card(one time only) c. Exclusions will include,but not limited to alcohol,tobacco,lottery tickets. d. Purchases in excess of the amount written on the check are the responsibility of the applicant. Page 3 of 8 Adopt 018Mopted January 2023 e. No cash back will be given to the applicant if purchases are less than the amount written on the check. f. All requests for assistance will be approved by the Veterans Service Officer(VSO),with final approval by the MCC. g. If it is determined an applicant needs assistance due to any event,catastrophic illness or other significant change in circumstance which comes into being unexpectedly and is beyond the applicants' management or control,the VSO may request in writing that Mason County consider approval of an amount not to exceed a ere-two thousand($42,000.00)dollar lifetime limit per applicant. h. The intent of the VAF is not to replace assistance from any other agency,and assistance is granted on a"Case by Case"basis only. i. The VAF is not intended to provide continuing assistance on a routine basis. j. The VAF shall not duplicate other available assistance for the purposes as noted in II.(b) III.Policy Establishing Board a. RCW 73.08.035 states each county must establish a Veteran's Advisory Board(VAB),the board shall advise MCC on the needs of local indigent veterans,the resources available to local indigent veterans, and programs that could benefit the needs of local indigent veterans and their families. b. The VAB is comprised of veterans from the community"at large",and representatives from nationally recognized veterans'service organizations within Mason County.Per said RCW,no fewer than a majority of the board members shall be members from a nationally recognized veterans'service organization and only veterans are to serve on the board. Service on the board is voluntary. c. Mason County Resolution NO.05-15 allows for appointment of two members residing in Mason County from each Nationally Recognized Veterans'Service Organizations to be appointed to the Veteran's Advisory Board(VAB),and two members"at large". d. The VAB will consist of a ten(10)member board;members are appointed as follows: 1) American Legion(2 members) 2) Veterans of Foreign Wars(2 members) 3) 40 et 8(2 members) 4) Disabled American Veterans(2 members) 5) Two(2)Mason County resident veteran(at large) e. Commanders of these organizations will not be members of the VAB. f. Commanders will appoint the members from their organization to serve on the VAB for the purpose of overseeing the VAF. g. These members may be appointed or removed at the discretion of their commander. h. The first appointment of members shall be three(3)members for a three(3)year term,and four(4) members for a two(2)year tern. i. Thereafter all terms will be two(2)year terms. j. The MCC reserves the right to disallow VAB appointee for cause. IV.Eligibility Policies a. RCW 73.08.005 and other provisions in RCW Title 73 shall govern eligibility assistance to indigent and suffering veterans and/or families. Page 4 of 8 Adopted ^Adopted January 2023 b. The county defines"indigent and suffering"to mean the current poverty level as defined by the United States Department of Health and Human Services(HHS)found at https:Haspe.hhs.gov/poverty- guidelines c. Family members entitled to apply for assistance shall be defined as spouse or domestic partner, surviving spouse or surviving domestic partner,and dependent children of a living or deceased veteran. d. Applicants must be a resident of Mason County for at least ninety(90)days. e. Applicant and anyone over the age of 18 in the household must present proof of residency and income. If no income,an affidavit must be signed by both the veteran and household member.(Att.B) f. An applicant may use hotel/motel receipts as proof of residence,provided that: 1) All receipts show a minimum of a 90(ninety)day stay with in Mason County. 2) The 90(ninety)day stay must be continuous. 3) All receipts must be in the applicant's name. 4) All receipts must be original(no copies). g. Under the federally-established poverty guidelines,the gross income after taxes and deductions for medical insurance premium,including Medicare,of the veteran and all members of the household must be at or below 150%of the poverty guidelines established by the HHS. h. Veterans making above the 150%and who do not have an emergency financial situation will not be eligible for assistance. i. An applicant may have a source of income above the aforementioned 150%and still be considered indigent on an emergency basis. j. Lack of funds because of bad financial management of an adequate source of income does not make the applicant indigent. V.Referral to Other Services a. As per RCW 73.08.070 the county shall assist indigent veterans with burial or cremation costs of three hundred($300.00)dollars minimum or up to one thousand six hundred($1,000600)dollars. b. The burial assistance is in addition to prior ciQhteen hundred($1,24A800.00) dollars limitation as outlined in II-b. c. In an effort to maximize dollars and provide for as many as possible applicants,and when appropriate,the veteran may be referred by the VSO to other veteran services and to other community resources for services. VI.Appeal and Resolution Policy a. If an applicant has either by accident or on purpose falsely filed a claim,or has misused monies from the Veterans'Assistance Fund,the following will apply: 1) A letter is given to the applicant,from the County,denying further use of this fund,until the false claim is resolved. 2) A copy of that letter will be sent to the Veterans'Service Office,to be placed in the offending applicant's file. 3) The applicant's file will then be"Red Flagged",and denied further use until the problem is resolved. b. To resolve the claim,the applicant can clear their name by: Page 5 of 8 Adopted 018Mopted January 2023 1) If applicant feels this is unjustified,they may appeal in writing to the Veterans'Advisory Board within fifteen(15)days of notification. 2) The appeal will be reviewed by the VAB at the next regular scheduled meeting and a decision will be made no later than the next regular scheduled meeting. 3) Approval or Disapproval requires a"Super Majority"vote by the entire VAB. 4) The applicant may file an appeal,in writing,with the Mason County Commissioners.A decision in regard to appeal may take up to 30 days. c. The applicant may repay any and all monies that have come into question,and may not have access to these funds for one(1)year after payment. d. If the applicant elects not to do VI.b.or VI.c.there will be a two(2)year probationary wait period. After the wait period is over,the applicant must"in writing"request to receive these funds once more, a decision will be forthcoming. e. If it is found that the applicant has done this two(2)times,they will be permanently denied from using this fund. VII.Application Procedures a. Upon arriving at the VSO office,the applicant will be asked to sign-in. b. The applicant is then screened about their assistance needs,residence,income,and their eligibility,an "Assistance Fund Application(AFA)(Art.C)and a Rental/Mortgage Verification"(Att.D)form must be filled out as part of the application process. c. If the applicant does not have all needed information or documentation,they will be given a form "Veterans'Assistance Fund Documents Checklist"(Att.E)to help them gather the needed information and return form to VSO. d. If an applicant cannot show proof of service,a"Standard Form 180"(Att.F)will be given to them to be filled out and sent in,they can also go to the VA at American Lake to get proof of service. e. If two or more applicants are sharing the same physical residency,then all income is considered as one. f. Only one application may be used for any single physical residency. g. If an applicant has a"Sub-Lease Agreement",then VII 0)will apply. h. When an applicant has requested assistance for past due rent or mortgage payment,IL(b)(1),and has gone through the screening process.The VSO will call the landlord to inform them that the veteran has applied for assistance,and that a letter of"Recommendation for Payment"(Att.G)will be forthcoming. i. The applicant will then be given a form"Rental/Mortgage Verification"(Att.D)to be given to the landlord.This form must be filled out by the landlord or lien holder,notarized and sent back or taken to the VSOs'office.The VSO will then verify all information on the form. j. Shared Dwelling: 1) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the rental amount will be prorated by the number of people living in the dwelling. 2) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the utility expenses will be prorated by the number of people living in the dwelling. Page 6 of 8 Adopted 018Mopted January 2023 3) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the firewood/propane expenses will be prorated by the number of people living in the dwelling. k. When an applicant has requested assistance for past due utilities(electric,water or natural as)II(b)(2), and has gone through the screening process.The applicant must have a"Past Due"pink slip(s)stating that service will be discontinued. 1. Some utilities companies,i.e.Shelton Utilities,do include garbage within the water bill,in this situation where the bill is"combined",the whole bill is paid. in. The VSO will call the utilities company to verify the current amount to be paid,and inform them that the veteran has applied for assistance and that a letter of"Recommendation for Payment"(Att.G)will be forthcoming. n. When an applicant requests assistance for firewood or propane and has gone through the screening process,the VSO will call a vendor to confirm prices and amount needed.The VSO will inform the vendor,the veteran has applied for assistance and that a letter of"Recommendation for Payment" (Att.G)will be forthcoming,VII(J)(3)also applies. o. The VSO will then fill out a"Purchase Order"(Att.H)to be sent with"Assistance Fund Application" (AFA)(Att.C)for approval from MCC. p. When an applicant requests Miscellaneous Items or Other Items and has gone through the screening process,the VSO will,to the best of their ability,determine the needs of the applicant. q. The VSO will fill out the"Assistance Fund Application"(AFA)(Att.C),determine the amount,the vendor,and have the applicant sign the application with a full understanding of the request. r. Necessity Items check(s)are issued in fifty-dollar increments.The applicant will be given an itemized list of authorized items that may be purchased.(Att.A) s. After all needed information and documentation is gathered from the applicant and outside sources,the AFA is then completely filled out and the packet is complete. t. It is the VSOs'responsibility to ensure all information in the packet is correct and verified. u. When the completed packet is sent on to MCC,it will have a copy of"Recommendation for Payment" as a cover sheet(Att.G)or"Assistance Fund Application"(Att.Q. v. The VSO reserves the right to refuse service to disorderly or abusive individuals.Service will be refused to individuals under the influence of alcohol and/or drugs.Applicants who are disorderly or abusive to Mason County employees or volunteers will be not be provided assistance and will be asked to leave the building. VIII.Processing of Packet Procedures a. Once the packet is received at the MCC office,it is date stamped and reviewed to ensure all information is correct and all supporting documentation is there. b. Applications submitted to the MCC for processing and have been determined to meet the necessary guidelines will have checks issued within three business days. c. Applicants who pick up his/or her check(s),must have proper picture ID,and must sign for check(s). Check(s)are sent out by mail the next business day following approval. d. Necessity Item check(s)that are issued will be stamped with: "No Alcohol or Tobacco","No Cash Back". e. Some delays may result if a legal holiday falls within the time period or if there are insufficient funds to release the check. f. A weekly list of"Approval of Expenditures"is sent to the VSO's office from the MCC office. g. A monthly list of"Approval of Expenditures"is sent to the MCC. Page 7 of 8 Adopted 018Mopted January 2023 IX.Records,Files,Forms and Reports a. It will be the responsibility of the VAB Chair,acting in concert with the VSO's to establish and maintain a record of each applicant requesting and/or receiving assistance from the VAF. b. The VSO will provide forms and reports of attendants,decisions,and record-keeping for clientele, e.g.,forms for vendors,initial applications,and VAB decisions. c. Each October,the VAB,acting in concert with the VSOs shall produce an annual report for the MCC, containing the following information: 1) The number of requests for assistance received during the calendar year. 2) The number of requests for assistance for which assistance was given. 3) The number of requests for assistance for which assistance was not provided and a narrative description of the reasons assistance were not provided. 4) The total dollar value of assistance provided on a monthly basis. 5) A narrative description of non-monetary assistance provided by the VAB. 6) Meeting minutes as an attachment. 7) A copy of appeals as an attachment. d. If any section of these policies or procedures is determined to be in conflict with federal,state.or county laws,ordinances or directives,then said section will be void and the aforementioned laws, ordinances or directives shall prevail. X.Attachments(Att.) A.VAF Necessity Itemized List B.Affidavit of Income C.Assistance Fund Application(AFA) D.Rental/Mortgage Verification E.Veteran's Assistance Documents Checklist(S&S form) F.Request Pertaining to Military Records(Standard Form 180) G.Recommendation for Payment H.Mason County Veterans Service Office-Purchase Order Page 8 of 8 Adopted 018Mopted January 2023 72 01/04/2023 Mason County PAGE 1 12:35:40 VAB REPORT 2022 glflxrpt FROM 2022 01 To 2023 01 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 190 VETERANS ASSISTANCE APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED 000 DEPARTMENT 111 -• •' 11 FUND BALANCES 190.000000.000.000.508.31.500000.0000.00. END FUND RESTRICTED 0 60,786 60,786 .00 .00 60,786.00 .0% TOTAL FUND BALANCES 0 60,786 60,786 .00 .00 60,786.00 .0% 1 •• 190.000000.000.000.565.20.531010.0000.00. OFFICE SUPPLIES 500 0 500 .00 .00 500.00 .0% TOTAL SUPPLIES 500 0 500 .00 .00 500.00 .0% ,1 SERVICES 190.000000.000.000.565.20.542010.0000.00. PHONES/INTERNET 4,000 0 4,000 3,305.93 .00 694.07 82.6% 190.000000.000.000.565.20.542020.0000.00. POSTAGE 250 0 250 232.00 .00 18.00 92.8% 190.000000.000.000.565.20.545010.0000.00. COPIER LEASE 2,000 0 2,000 1,216.94 .00 783.06 60.8% 190.000000.000.000.565.20.545020.0000.00. BELFAIR CENTER LEASE 5,000 0 5,000 4,200.00 .00 800.00 84.0% 190.000000.000.000.565.20.549010.0000.00. VETERANS LOANS/ASSISTANCE 215,133 0 215,133 68,264.08 .00 146,868.92 31.7% TOTAL SERVICES 226,383 0 226,383 77,218.95 .00 149,164.05 34.1% 1 • 190.000000.000.000.565.20.541510.0000.00. STATE AUDITOR CHARGES 0 213 213 101.34 .00 111.66 47.6% 72 01/04/2023 Mason County PAGE 2 12:35:40 VAB REPORT 2022 glflxrpt FROM 2022 01 To 2023 01 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 190 VETERANS ASSISTANCE APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED 190.000000.000.000.514.21.541510.0000.00. STATE AUDITOR CHARGES 213 -213 0 .00 .00 .00 .0% TOTAL INTERGOVERNMENTAL 213 0 213 101.34 .00 111.66 47.6% 190.000000.000.000.592.65.580000.0000.00. INTEREST & COSTS-REFUND INT 0 0 0 4.79 .00 -4.79 .0% TOTAL DEBIT SERV: INTEREST 0 0 0 4.79 .00 -4.79 .0% •1 INTERNAL SERVICES 190.000000.000.000.565.20.541019.0000.00. INTERNAL ALLOCATION 14,244 0 14,244 14,244.00 .00 .00 100.0% TOTAL INTERNAL SERVICES 14,244 0 14,244 14,244.00 .00 .00 100.0% TOTAL ADMIN/GENERAL OPERATING 241,340 60,786 302,126 91,569.08 .00 210,556.92 30.3% TOTAL DEPARTMENT 241,340 60,786 302,126 91,569.08 .00 210,556.92 30.3% TOTAL VETERANS ASSISTANCE 241,340 60,786 302,126 91,569.08 .00 210,556.92 30.3% TOTAL EXPENSES 241,340 60,786 302,126 91,569.08 .00 210,556.92 01/04/2023 Mason County PAGE 3 12:35:41 VAB REPORT 2022 glflxrpt FROM 2022 01 To 2023 01 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED GRAND TOTAL 241,340 60,786 302,126 91,569.08 .00 210,556.92 30.3% 72 O1/04/2023 Mason County PAGE 4 12:35:41 VAB REPORT 2022 glflxrpt REPORTOPTIONS Field # Total Page Break From Yr/Per: 2022/ 1 Sequence 1 1 Y Y To Yr/Per: 2023/ 1 Sequence 2 3 Y Y Budget Year: 2022 sequence 3 4 Y N Print totals only: N Sequence 4 10 Y N Format type: 1 Double space: N Report title: suppress zero bal accts: Y Amounts/totals exceed 999 million dollars: N VAB REPORT 2022 Roll projects to object: N Print journal detail : N Includes accounts exceeding 0% of budget. From Yr/Per: 2022/ 6 Print Full or Short description: F To Yr/Per: 2022/ 7 Print full GL account: Y Include budget entries: Y Sort by full GL account: N Incl encumb/liq entries: Y Print Revenues-Version headings: N Sort by JE # or PO #: 7 Print revenue as credit: N Detail format option: 1 Print revenue budgets as zero: N Multiyear view: D Budget From Yr/Per: / To Yr/Per: / Include biennium-to-date actuals/encumbrances: N Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): January 9, 2023 Agenda Date: January 17, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Port of Allyn Request for Letter of Support for Replacement of Allyn Pier Background/Executive Summary: We received a request from the Port of Allyn Executive Director to sign on to a letter of support for the replacement of the Allyn Pier. The port is going to the legislature to request grant money for the planning and design of the replacement project. The Pier has been in place for nearly a century and is deteriorating to the point that it needs to be replaced. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to sign the letter of support for the Port of Allyn’s request for grant money from the Legislature for the planning and design to replace of the Allyn pier. Attachments: Letter [Insert Logos] Date Together, we support the Port of Allyn in its effort to replace the Allyn pier. The current structure was built in 1983 and is supported by creosote treated wood pilings; a marine wood preservative that has been used for over a century to help prevent the decay of pilings that support docks and piers in the Puget Sound. As of November 2022, the pilings underneath the pier are rotting to the point of deterioration. The toxicity of the creosote treated wood is extremely harmful to marine life and other organisms that are essential to the health of salmon, birds and other wildlife. To remove the pilings before any further breakage disperses into the Sound and onto beaches, the Port is requesting $XXXX within the 2023-25 capital budget to support the cleanup and design for a new, environmentally responsible, and sustainable pier. Established in 1921, the Port of Allyn is the oldest port district in Mason County and the third oldest in the state. The pier is located on the North Bay Case Inlet and within walking distance from grocery stores, restaurants, and local shops. The Port of Allyn supports the local tourism industry by maintaining year-round recreational boating facilities with a dock and launch ramp. The Port also tends the Waterfront Park and Kayak Park in Allyn on Case Inlet as well as a dock and launch ramp on Hood Canal near Belfair State Park. In 2019, the Port developed a Transient Moorage Facility which offers full-service electrical connections, as well as water and full pump-out facilities for users. Most recently, the Port is in the final stages of restoring and relocating the historic Sargent Oyster House to the waterfront, approximately 100 yards north of the existing pier. With the significant growth both locally and in tourism over the past several years, it is expected that the historic Sargent Oyster House will only increase use of the pier. This pier replacement project provides two major benefits to our community by removing the current pier structure and wood pilings from further harming marine life and supporting the economic vitality for Allyn and surrounding areas. To continue to build upon this local effort, we ask the Legislature to join us in supporting the Port of Allyn’s efforts to clean up and replace the existing pier, and to allocate $XXXX within the 2023-25 transportation budget. Thank you, [Names/Organizations in order of logos above] r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 16,2022&January 9,2023 Agenda Date: January 17,2023 Internal Review: ® Finance ❑ Human Resources ❑ Legal ❑ Information Technology N Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Sandhill Park Batting Cage Project Background/Executive Summary: On October 16,2022,the Commission was briefed on installing two pitching machines,one fastball and one softball, and the necessary structure for housing the two machines. At the time,the project was estimated at$113,235 with a maximum of$150k before receiving the vendor's structural requirements. On October 25,2022 the Commissioners approved moving forward with the project. After careful review of the vendor's structural layout for a two-bay enclosure,the project team(John Taylor,Bud Olson,and Kelly Frazier)revised the estimated costs to $250k contingent upon seeking a general contractor. Projected costs are for a turnkey facility, and based on the contractor's bid,those tasks necessary to complete the project could be done using Mason County resources. Based on market fluctuation,it is unrealistic to calculate a more accurate cost estimation unless Mason County assumes the role of a general contractor,develops each task of the project,coordinates the necessary trades to complete each task, acquires bids for each task, and supervises the completion of said tasks. Budget Impact(amount, funding source,budget amendment): Estimated up to $250,000 paid from REET 2;there is $1 million budgeted for Park Improvement. Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval to move forward with the development of a Call for Bids and advertising for a construction contractor to build a turnkey, fully functioning facility using vendor specifications and install the two pitching machines. r f Mason County Agenda Request Form r- T Attachments• Previous Briefing Agenda Cost Estimation as of October 16,2022 Vendor Structure Specification Batting cage cost 30x64 metal pole building 1920 Sq Ft @30 per ft 57,600 Dirt Work 5,000 Concrete 4,000 Concrete slab$7 per ft Labor 13,440 Power (PUD) 5,000 Electrical 6,000 Netting 5,000 Chain Link 4,000 Token Machine 1,500 Total est. 96,540 Note: I went with a metal pole building to dramatically cut the price eliminating a concrete foundation and only paying for the slab eliminating an architect witch would be an added cost. Also the machines at MCRA are old outdated I would not recommend using them so add 16,579 bringing the total to $113,119 so I would round it up to 150,000 due to inflation. 10/16/2022 Estimation ■ i • — jay • • 1 - . • - . . � • - . • J � - .: � —i ter :. =:'.•.0"��.... ?x 42 ^'�"w-+-,tir.�,::-w•«N�"• _ II•Y.' ..SN��.•S:.v:::::.•r:=�;f:y=::5.. /i�mow..�—�'.����.,==�'� 2.i=�a .S�I:::� • r: : 1..:•.,.�::�.fjltS: :':::::�h M..f:•:;�.5,;••;M1t::it' �;Si oilp 'Epp x .•ice M•:�:�. •Ti:�. =5 i k• 5: : :...�::s.::E2 s y�Y,s..•.r u: •u:iri:: _. jlili'r —`••Y•��•� eEes� iiiE:.;....,.�s; :c ti+ Ilf+�� �}{5 rlr.`•• •-'7{L;::::}5.: .....- r 1:}�}�� 5: .• Pm HE ..,,,::•�•�,.y� 1';'ti ',0. '�i M:s::: :"�•w.:a»: i... ::t: .""•«'.».::.^_ !{::�u•+� •.. - I�IiYl�+Ili = �:. 'ty•y �•.... ti.: �,�, �+ 11�l t •.=•r_::••' �.T•,y4,•.�r•.ti�.,yti•.r.;::�:•::.', f�11 Y ..;�, �ftiy� .ti:.^;:•••.:tia y;:;.,;�ti • 4'/►�+i 1 •y{N�.�?��•`� �s�M'?'r e._ ��.� ..,, '-=C,• '':C',`srr;,v,.v:a:�ti, s «: .:. ,v.•.: » vy:-1°::ram°• .'. +;11 ff` 1f�r`j�� _..- �.S?•'~SS.'� 4ti'tit .71,•..•1S1'::.�1:•''L 5�s! 1 i :1� ;y s• y• 11 Table of Contents Cover Page: Outdoor Rectangular Batting Cage i Table of Contents Section Pages Section Pages Fitting and Accessories Guide 1 Ball Elevator and Distribution System Controls 20 A. Fitting identification views Parallel start-up wiring B. Fitting quantities and locations Model EW Elevator Belt Tension Adjustment and Maintenance 21 C. Accessories quantities A. Alligator belt lacing installation instructions Pipe Cutting and Shipping Guide 2 B. Wire size specifications A. Shipping list and lengths Diverter&Ball Level Control System Wiring 22 B. Cut lengths and locations A. Control panel wiring of elevator Cage Contour and Slope Plan 3 B. Series wiring of Ball Level Control Switches A. Concrete Slab Elevations The Hopper Bottom Ball Level Control Installation 23 B. Concrete specifications and general notes Separator Box,Diverter Gate, &Flex Tube Adapter Installation 24 Electrical Wiring and Conduit Runs 4 Bolt hole locations for mounting Ball Separator Head Footing Details &Methods of Setting Vertical Pipes 5 24 Volt Diverter Control System for In-Line Diverters 25 Elevator Ball Sump Installation 6 24 Volt Diverter Control System for Right-Left Ball Separator Head 26 Steel sump form dimensions Typical Single Path Distribution System 27 Elevator and Ball Return Trough Locations for 16'Wide Cage System 7 A. Type of clamps and location used Elevator Sizes and Specifications 8 B. Elevator hardware list Netting Installation Instructions 9 C. PVC Pipe packing list Net Guide: sizes and quantities D. Flex tube and ball duct routing locations Netting Installation Instructions 10 Typical Single Path Distribution System 28 Top, Divider and Front Nets A. Type of clamps and location used Netting Installation Instructions 11 B. Elevator hardware list A. Vertical Seams C. PVC Pipe packing list B. Attachment to bottom rails D. Flex tube and ball duct routing locations C. Attachment to divider poles D. Doorway cut-out E. Net corners attachment F. Final positioning and attachment Netting Installation Instructions 12 A. Net support cables B. Catcher's mat/net attachment Netting Installation Instructions 13 Net edge rope weaving: looping method Hole Location for the Net at the Front of the Machine Area 14 Batting Cage Lights and Net Protectors 15 Recommended Lighting Amounts Coin Box Location, Safety Barrier, and Cage Door Spring Installation 16 Chain Link Fence Requirements 17 Mounting A-Series &MA-Series Machines 18 A. Conduit riser locations B. Anchor bolt locations C. Machine hold downs Electrical Wiring for Coin-Operated Pitching Machines 19 Control panel wiring of pitching machine Master Pitching• ! siu Machine- 0199 4240 NE Siriningham Road•Kansas City,MO 54I I7 (816)4S2 D228• ' (816)452-7581 1 FittingIdentification & PackingGuide eGtarlgu� ar FittingPacurli List *� iBeXdw Number of Cages ** r�eB Nflte 1`S l°e�nut__� t101, C5 , .. # 1 2 3 4 5 G 8 9 14 11 12 E A 2 2 2 2 2 2 2 2 2 2 2 2 nLd� I lout B 4 8 12 16 20 24 28132 36 40 44 48 i�as� • SpP bolt `q,�. d1 lgb�e° C 2 2 2 2 2 2 2 2 2 2 2 2 m' - .� 51a l E 0 1 2 1 3 4 5 6 7 8 9 110 11 - �- F 2 3 4 5 6 7 8 9 10 11112 13 �o* }� K G 0 1 2 3 4 1 5 1 6 7 8 9 10 11 F G GL 1 1 1 1 1 1 1 1 1 1 1 1 ®~~ H K GR 1 1 1 1 1 1 1 1 1 1 1 1 H 6 8 10 12 14 16 18 20 22 24 26 28 �t F � �+ I 2 3 1 4 15 6 7 8 9 10 11 12 13 HJ J 0 1 2 3 4 5 6 7 8 9 10 11 GL Ju 2 2 2 12 2 2 2 2 2 2 2 2 � Q K 2 3 4 15 6 7 8 9 10 11 12 13 a E L 2 3 4 5 6 7 8 9 10 11 12 13 P r �n M 2 3 4 5 6 7 8 9 10 11 12 13 H V� N 0 1 2 3 14 5 6 7 1 8 9 110, 11, 4J O 2 2 2 2 12 2 2 2 12 2 12 1 2 e P 2 2 2 2 2 2 2 2 2 2 1 2 1 2 P Tu 2 2 2 2 2 2 2 2 2 2 2 2 v Hardened Set Screw Gate 2 3 4 5 6 7 8 9 10 11 12 13 T� N TU P Qmb i Galvanized Trusses, Long Fittings &Gates • e1 Mark pipe before inserting into s fitting to insure proper depth A for contact with set screw. Gott Galvanized Trusses,Long Fittings & Gates The(1V1) and(L)truss components and the(K) fittings are each made up of approximately 14 feet of galvanized pipe with welded components at each end. The welds and the components at the junction of the(L) and(W fittings and the welded components at the junction of the(K)fitting are not made of galvanized material,but are either coated with a cold galvanizing material or a high quality aluminum paint or both. The long length of the tubing forming the center of these fittings is the same galvanized and coated type of tubing supplied in our galvanized pipe program. o Rectangular Accessories For Erecting Cages The gates supplied with this program are made of galvanized tubing with the welds and non-galvanized parts cold galvanized J Number of Cages or aluminum painted to match the tubing. The rest of the fittings supplied are standard aluminum painted fittings. It is suggested that °rro 1 2 3 4 S G 7 $ 9 11l 11 12 all fittings be retouched or painted after installation to repair paint damage caused b shipping and handling of the fittings. The TU Instructions 1 1 1 1 1 1 1 1 1 1 1 1 g P P P g Y PP� g g g • ar Set Sa�vvs zsrnx� 5 7 9 11 14 16 18 20 22 25 27 29 galvanized pipe should be retouched with a matching aluminum paint or high zinc paint if any serious scrapes of the surface result in e�'tr;,� Door Washes 2 3 4 5 6 7 8 9 10 11 12 13 rusted spots. The galvanizing (zinc coating)generally protects even small uncoated areas from serious rusting. Ju Bolt Packages 2, 3 4 5 6 7 8 9 101 11 1 12 13 Note: The purchaser of these galvanized trusses should notice that the familiar oval cross section of the tubing in(L)and(M) & s fittings has been replaced by a round cross section and the slight curve in the °n1 ne`f;(L)fitting is replaced by a straight section. While this change(necessary for manufacturing reasons)is hardly noticeable to the casual observer,it is important that anyone ordering parts to G�l�A add on.or to replace parts in-existn installations with the original truss design specify the original design. �g 1098 Stoc Pape 2 2 23k ®11'-6" ©Stock Pipe cut from 23'-0" ©Stock pi a 19'-9" Stock Pipe G Stock Pipe 19'-991 p 16'-0" Stock Pipe 19-0' " 8 0" � _0 Stock Pipe GB21'-0„ C, 91-9., cut from 19'-9" 15'-4" cj 9 Ch Stock Pipe 4'(-0.. * • 15'-01. I] 9 ( ■ + Stock Pipe cut fro15'm'16' CIO cut from 16' • • • 19'_9„ Stock Pip& g g„ Stock Pipe OStogckOPipe 14'-0" • • • • ❑ C 15'-9" G Get • • Stock try a cut from 16' • 15'-9" p Stock Pipe f6, Ae �S cut from 16' 19.g,. Can • • Stock Pipe Stock Pipe h is. (Th �5�., GI• • • 19'-91, R. !S •. • • cut from 16' 13 • Stock Pipe 1. 13'-7" rh �S • cut from 14' ��• Y' 4, N, Stock Pipe rig 13'-T • xgLC° cut from 14' Figure I Stack Pipe '� 2"Pipe(Or 2 318" D.D.) sr � Posts (Vertical Pipe) shown as heavy lines 2" PIPE (FIGURES I&11) Figure II 2"Pipe (Or 2 3/8" O.D. Tubing) Top Rails sr Number of Cages Code Length g 1 2 3 4 5 6 7 8 9 10 11 12 ® 23' - 0" 3 41/2 6 171/2 9 110101 12 1310 15 1612 18 1912 Figure III 1" Pipe(Or 1 5/16" O.D. Tubing) ® 21' - 0" 2 3 4 5 6 1 7 8 9 10 11 12 13 Galvanized •Stock Pipe Cuttingand ShippingGuide 19' - 9" 7 91/2 12 1412 17 1912 22 2412 27 2912 32 3410 16' - 0" 3 6 1 9 12 1s 18 21 24 27 30 233LL36J FOR STANDARD RECTANGULAR BATTING CAGES All T'pipe(2 318"O.D.)and 1"pipe(1 5116'O.D.)is a special high strength tubing with a 12 gauge wall that is galvanized on the outside and flo-coated on the inside with a special rust inhibiting paint during manufacturing, It is coated on the outside with a clear coating that will allow paint to adhere without 1" PIPE (FIGURE III) additional preparation. Minor scuffing of the clear outer coating during shipping should not seriously affect the appearance or the anti-rust performance of the galvanized coating. Number of Cages Code Lenvp� gth 1 2 3 4 5 6 7 8 9 10 11 12 All the pipe supplied with this program is galvanized and cut to a large assortment of lengths at the tubing mill. Master Pitching Machine bundles these stock lengths into sets for batting cage construction. Many of the pipes are supplied in the exact length called for in the pipe list. Others must be cut on the job, OF 14' - 0" 6 8 10 12 14 16 18 20 22 24 26 28 but the amount of wasted pipe is very small. All vertical pipes used as posts must be set in place before trimming to the height required. Where trimming is needed on the horizontal rails it is important that the installer check the placement of the vertical posts before cutting the horizontal pipes. It may be possible O16' - 0" 5 10 15 20 25 30 35 40 45 50 55 60 to vary the actual cut lengths of the tube to accommodate minor errors in placement of the vertical posts For Cutting the pipe,a portable bandsaw or a manually operated roller-type pipe cutter is suggested. These tools can be easily rented. © 19' - 6" 3 4 5 6 7 8 9 10 11 12 13 14 0 8, - 0- 1 1 1 1 1 1 1 1 1 1 1 1 Master Pitching �;,,��' :ui Machine 1098 42na'r>F Bu�tu�i�a' oacl•Kansas ity;Mo 64117-(81fi]4 2-02 (816)452-7581 3 2 Cage Contouring and Slope Plan This is the recommended contour of the batting cage floor with one elevator system. 0 Stock Pipe "The minimum slope of the cage floor should be one inch for each three feet" 11'-6" 23'-0" Cut from 23' Solid line (A) represents the perimeter of the batting cage floor. Maintain level elevation Stock Pipe Stock Pipe around the entire perimeter. All other elevations on the sketch are relative to this elevation. 19'-9" Point"D" Dotted line (B) represents a uniform elevation 6.7" below the perimeter. The batter's area Pipe Pi Stock slopes towards the ball sump. St ock Pi 91, The Central.Slope Area slopes from line (B) towards the ball sump. Ideally, all slopes should Machine Area 19'4" join in a gently formed trough in front of the machines at Point(C). The balls should enter the 8 _0 St Pipe 2ock Stock sump at Point(D). Point(D) should be approximately 8.0"below Point(C). Point(C) should be 20.0" below Perimeter Line (A). A 15'-4" 4,_IT„ V-k: Separate concrete pitching machine mounting pads are not used in this design. 'A` ►'= 11 Machines are bolted directly to the concrete slab in the machine area. Special pads are used to ��;.'' A correct for sloped concrete slabs and to allow balls to roll out from under or around the machines. ,� 15'-0" Note: The pipe dimensions shown are measurements above "Ground Plane' or perimeter A + Point"c" Curb elevation. Be sure to allow for the slope of floor and the length of pipe below the surface. �'•;,�' Curb ' Central Allow additional slope for rough or uneven cage floor finish. A ; Slope Area Slope 1 14'-0" ,� Important: Post layout measurements shown are from center-to-center of vertical posts. 10'-01, �S1ope� ' A Close adherence to these dimensions is essential for proper fit of fitting system and standard nets. /-Slope �b 14'-0" j Slope-/ General Guidelines �- � 1. All work shall be in strict compliance with local, county and state codes. A 2. All concrete for footings and slab shall be standard 3,000 psi, 28 day strength (minimum). 14'-0" •�� A Cement shall be portland cement conforming to ASTM C-150,Type 1 or 2 with a minimum t Slope-/ Batter's Area 16'-0" of 5 sacks per cubic yard. 3. Use good concrete practice with generous use of expansion joints and reinforcements where needed in the concrete floor being careful not to interfere with the flow of the balls. A A Note: For estimating purposes, plan on 3.13 cubic yards of concrete for batting cage posts and 26.43 cubic yards of concrete for 4" thick batting cage floor. Individual Batting Cage Width Master Pitchingu 1098 42IX1 IVE Birmingham Road•Raii&jCity,M0 64117• l6j 452-0228�l FAX(816j 452-7581 4 Electrical Wiringand Conduit Runs PanelBox 3/4" Galy. (3412) Machine Supply General Guidelines; f �..�......�. .: ::"" ' '' Elevator Location r f: IOA Machine _ 6 x. . '. 1. All work shall be in strict compliance with local for 2 Machine county, and state codes. Cage System r E 3 F 2. Each machine requires a 120 Volt AC, 15 ampsupply. r f Pitching Ia 3 Each Coin Box is to be wired from the pitching 1/2" P.V.C. (2418) , machine with a separate 15 Volt DC being supplied by r' Machine Elevator Start Up the circuit board. Do Not run any other wiring in these conduits (with the exception of Lefty Selector Switch). 4. The Elevator requires a 120 Volt AC, 20 amp supply. Main Power ,- Panel Box S ` 5. For the automatic starting of the elevator,each = <= pitching machine must be wired in parallel to the •' elevator. This is a 24 Volt system being supplied f'? from the elevator and using the unused secondary f°r set of contacts of the main control relay in the ,r r° pitching machine control box as a switch to start ,§f the elevator when ever a pitching machine starts up. Run a conduit loop between each machine and E` } then a loop from the closest machine to the elevator. Remotely located in € 6. A weather proof, 120 Volt AC, 15 amp plug-in the attendants booth. receptacle box mounted near the secondary 9 panel box is suggested for use of electrical tools. r .. Batters Area 3/4" P.V.C. (6420) Coin Box wiring Ng Le: For those machines with d boards and using the Master Control Panel, a separate 10 conductor wire for each machine is to be run from the master control panel (located in the operations building)to each machine. Normally one,3/4"conduit,is run from the operations # ! buildingto the machine area carrying arrying all 2 wire sets (10 conductor each) to the machine area and is then split off from a junction box to each --------- machine. Since this is an option and not a standard wiring requirement, -------I............. the conduit saes and runs are not shown in this drawing. Coin Box For those cages using the lefty or dual machine option,the only location additional wiring to add is a 2 conductor wire running from the selector switch, located in the coin box, to the pitching machine. This 2 wire 2 Station Rectangular Batting Cage stem conductor can be nun in the same conduit as the coin box wiring, I Master Pitching g g g System l Machine 1098 4200 NE BI Ingham Road•Kansas City MO 64117•............. 816)452-0228•FAX(816)452-7581 5 Footing Details & Methods of Setting Vertical Pi es Coin Box 2" Pipe 2" pipe 2" Pipe-� h ,�t� �� �} . . � .• �s� •'; Mks � ��L r�'� . • . NOTE: All work shall be in strict compliance with local, county and state codes. All concrete for footings ; _ shall be standard 3,000 psi, 28 day strength(minimum). .�,. :s� ;�c 36" Cement shall be portland cement conforming to ASTM 24" i s 48" s . - C-150, Type 1 or 2 with a minimum of 5 sacks per • e* cubic yard. All footings shall be tied into the slab using _= r� 6 x 6 -10/10 welded wire fabric. Use good concrete N. ..: •� practice with generous use of expansion or control 8„ A d joints and reinforcements where needed.�-18"-►� Coin Box Mounting Post 18 �' Batting Cage Poles Machine Area Poles Magnetic Level Bubble Level Setting Vertical Pipes 2"Pipe Vertical Pipes 2"Pipe of Cage 2 1/2"nominal pipe: Sleeve standard schedule 40 pipe,2.469"I.D. Crushed Rock 2"Pipe used for sleeve. Spiraled ;I I�~- 16. Sloped Concrete Li cardboardCage Floor tube. /. `� _ •/% �� �• : 'q�• w ' :?1��4 //f `�t'''S Ra zP yr• .4 R• ��-��r yt'. a Re- a Ground �Concrete Footin a. • A. -Qg: When using the sleeve technique a 6' long piece of ..•.•�.: 2 nominal pipe should be used to square the sleeve in the concrete footing before it sets. This will keep the vertical Nominal pipe, standard schedule 40 or an Place the pipe sleeve in the concrete footing flush with Place the 2 1/2" spiraled cardboard tube in pipes of the cage square to one another. Do this by using equivalent, placed into the concrete footing to the surface of the finished cage floor, which should be the concrete footing to the depth specified by a magnetic level to plumb the pipe with the ground. a depth specified by local building codes. local building codes. The spiraled cardboard Plumb twice, 90• to each other. This.will result in a e poured to meet local building codes. Nate: Before pipe placing the pipe sleeves in the concrete footings check tube can be removed after the footing has set vertical to the earth's surface. See illustration. Also, use to make sure there are no weld seams or extrusions and the vertical pipe can be inserted into the the leveling technique when placing 2"nominal pipe into inside the sleeve that would restrict the vertical pipe footing. Once the vertical pipes are in place, the concrete footing without a sleeve. from entering the sleeve. Once the vertical poles are grout or concrete the poles in place. in place, grout or concrete the poles into the sleeves. Master Pitching Machi*ne-: 1098 '::t 4200 IVE Birrnitig3iam Itvac[•I{ansas City.IvIU4i IT•( 16)4 2-D228 s (S1G}4 2- 5$1 6 Elevator Ball Sump Installation When forming up the sump form,it is best to block out the sump form from the inside of the form itself and suspend the form for the first pour around the form and the floor of the working area. It is important that the top of the form be kept at a level elevation, especially the entrance tray and ensure that all conduit runs and drain lines are put in place before the form is poured. Also, when installing the steel sump form, be sure to allow for drainage, ball flow and access around the elevator. Holes in the sump form are provided for the elevator anchor bolts and to insure proper installation, place the elevator, with the"H" frame bolted to it, into the sump form after the pour has set and drill through the mounting holes located on the"H"frame noting that the elevator should be centered and resting against the ball return entrance tray in its proper position before drilling. 112"diameter expandable anchor bolts should be used to anchor the elevator in place. To install the elevator into the sump form, the "H" frame must be bolted in place. To install the "H" frame,first remove the back bolts of the elevator roller guard and rotate the guard down and out of the way. Then remove the roller guard extension plate. Now slide the"H"frame on and up into position and bolt in place. Note that the bottom of the flexible safety cover bolts onto the outside of the"H" frame. Reinstall the roller guard extension plate and roller guard. At this point, position the elevator on the shipping skid so that the front side of the elevator is facing up. There slide the elevator and skid to the back of the sump pit and use the skid to help lift or flip the elevator up into the pit. Be careful not to damage the safety limit switch on the side the the elevator. When the elevator is installed in a depression below the surrounding floor it is necessary,for convenience and safety, to install a set of removable grates or covers around the elevator. These will allow access to the system for service,cover the openings to prevent injury from stumbling into the depression, and prevent balls from gathering in the sump pit around the elevator drive components. Note(A): If there is any question about the ability of the drain at the bottom of the sump to handle the water flow under the worst conditions anticipated, it may be desirable to open up the rear of the depressed area around the sump as an overflow drain. Another option is to install a sump pump located in the back portion of the sump form behind the elevator or if required, an access box with a sump pump. Note (B): When pouring the concrete ball trough, pour the slope over the ball trough entrance tray at least 1" thick and tapering down to zero at the inside edge. This will help feed the balls onto the belt and will prevent the balls from settling in the tray and not loading. An alternate way to pour the trough would be to remove the bottom of the entrance tray itself and block across the entrance tray to maintain the 12" width,then pour the trough continuing right down through the area where the entrance tray would have been. ti'4c' 4, 4, - -•9i Depress the Sump Area as required to place the 24» ball trough at the proper level for the specific 24" 8" batting cage design. 4" Conduit 5�ple a Location . Bottom of the ball trough 20„ 12 formed in the cage floor of the S" machine area. Important Provide adequate water-, - _ ,� drain for local rainfall ----- - - 3r 12"eq: , .Y ----- J: = _-- - See Note (B) Steel Sump Form Supplied by _ Master Pitching Machine, Inc. Master Pitching I& Machine 1098 3200 4 NE innWghamnoad• nsas City.MD 64117•(81 )4 U228 FA7 (8 k$ = 81 Elevator and Ball Return Trough Location for 16 ' Wide Cage Systems Zero Elevation Line Note: Locate Point"C" 31- 0" to the right of the side of the cage, Cage Perimeter (as viewed from behind the machine), or locate Point"C" 5' 0" to the left of the center line of the individual cage. r. , g r. • ' .'• ,• 45"Tapered Curb Radius Curb Center Line of the Ball Path Center Line for I i r > Ball Return Trough cage systems\ - 'j i �` y • - Expansion Joint &Elevator - IA� i j i ; �' `�;; Ball Path 31- n 5'-0" Tapered j 45'Tapered Curb Curb I l i Make the radius curb lower than the expansion joint to prevent balls from ! ! holding to the expansion joint. I I I j I I I I I I l I I 12"Wide min.Clearance j I Pipe Frame Rails at the j j Front of the Machine Area j � � I I ; j � I ' I � I i j 5'-6„ i EW Elevator Commercial j I Commercial j Pitching Machine I Pitching Machine I I I I I 1 j Machine Area i 4'-0» Center Line of the I i Individual Cage i I Center Line of the Individual Cage I 1 � I I � I i I + �4-- —4--0" iMaster Pitching 6 Machine u<<`' 1098 4- MTh Birmingham Road• ansas C4.MCl b4117•( I6}4 2-022S W 8 i�}45 75$�1 8 EW Elevator Specifications n d Sizes Specifications for EW Elevator Number of Cages 1 2 3 4 5 6 7 8 9 10 11 12 A Slope 18" 20" 20" 20" 25" 25" 29" 29" 34" 34" 39" 39" B S1 mpp Entrance 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 5 31i" C Sump Depth 20" 20" 20" 20" 20" 20" 20" 20" 20" 20" 20" 20" D Machine Height 55" 1 55" 55" 55" 55' 55" 55" 55" 55" 55" 55" 55" Ball Duct 0 0 0 10 10 20 20 30 30 40 40 50 10" Front Fence of the E °° °° '> „ � Machine Area Bracket Height Elevator Required Height 108" 110" 120" 130" 135" 145" 149" l59" 164" 174" 179" 189" F Height Difference Of Ball Separator 12 10" 0" 14" 9" 23" 19" 9" 4" 18" 3"13" H Sump Depth From 20" 22„ 22„ 22" 27" 27" 31" 31" 36" 36" 41" 41"Perimeter "A" Top of Steel Zero Elevation Line G Required ** Standard Elevator+ Std Elevator+ Standard Elevator+ Ftandard Elevator+ 4 x4 Sump Form Cage Perimeter Elevator Size 2 Extension 4 Extension 4 & 2 Extensions wo 4' Extensions Working g Area around 1 ** Sump Form A standard elevator consists of two 4' sections and the 18" head. � 2' min. Pitching Machine Point "C" i i -- - - -- - - - - --_ - - -- - - �\ I 4" Slab �/� I y��i?a7�'•��ra'14 PVC Drain / �� f Ball Entrance Trough (12"min. Width) N Steel Sump Form for Elevator Supplied ,;,,:, by Master Pitching Machine Inc. Master Pitching 4200 NF Mimingham Road•iCa[u;,�s City,M[?fi4117•(81G)AS2-0228■F {81S}+15Z•7581 9 Netting Installation Instructions OVERVIEW: The rectangular batting cage design incorporates nets hung from the inside of the pipe framework. This PACKING LIST is done to lengthen the life of the net. Whenever possible, the net should be suspended away from its pipe support to avoid stress concentrations when balls strike the net (the more"give" the better) thereby Netting Requirements for Rectangular Designs increasing the life of the net. A tightly hung net will incur greater stress when struck and will wear out Number of Cages 1 2 3 4 5 6 7 8 9 10 more quickly. Net Description Quantity The cage front,machine area front, top, side, and divider nets are "square"mesh nets and are rigidly rt-__.._____..________________----------- -------------1 Top Net 1 2 3 4 5 6 7 8 9 10 shaped nets. Nets sometimes appear too small or under sized after initially unpacking (due to ; Special Instructions for Enabling (16'x 48' Standard) compressing when packed) but will generally stretch out during installation if pulled firmly and evenly Off-Season Net Removal Front Net to the cage frame or if left alone to hang in place for several hours. 1 2 3 4 5 6 7 8 9 10 If it is planned to take nets down during off-season, (16'x 13'Heavy) Netting installation involves laying the nets out in the proper configuration (as to size, shape, and ; follow the same general instructions but make some of ; Divider Net 0 1 2 3 4 56 7 8 9 positioning), temporarily hanging the nets at a convenient working height, and then joining the nets at the splices less permanent. That is, fasten the divider (13'x 20' Standard) adjoining interfaces (seams) with hog rings. net to only one top net permanently and lace the other Side Net with rope or tie wire around the bindings. This will ; ._ 2 2 2 2 2 2 2 2 2 2 Net installation is considered a slow, tedious, and repetitive process but patience will be rewarded. ; allow the entire assembled net to be removed intact. (13 16 x 48 Standard) Removal and subsequent reassembly of net involves ; Machine Area Net 1 2 3 4 5 6 7 8 9 10 considerable work and some cost. ; (16'x 16' Heavy) Catcher's Net or Mat 1 2 3 4 5 6 7 8 9 10 Alternatively, leaving the netting in place will decrease ; (4'x 6' Heavy/3'x 5' rubber) the nets overall life due to stresses caused by snow and ; ice loads. Severe loading can cause damage to the nets M. and frame work. i Net life is dependent on several factors such as geographical location,weather conditions, and usage (in ; Number of Cages 1 2 3 4 5 6 7 8 9 10 relation to set-up and seasonal). Maintenance of the net ; system integrity is a must and requires up keep of the Net Rigging Accessories Quantity net when ever damage occurs. Netting is considered as a consumable product. One should weigh the costs of P g Net Support Cable 12 18 2413138 44 5157 64 71 removal and reassembly to that of new nets when ; (50'Rollsof Tie Wire) making this consideration. ; L-_-__-----_-----------------------------------------J Hog Ring Package 2 3 4 5 6 7 8 �10 (400 per pack) err;; •_: :'M Hog Ring Pliers 2 2 2 3 3 3 4 •`f='' '� Springs 7 13 19 25 3137 43 Spring Clips 7 13 19 25 3137 43 F rr 4:i�• t - :i Typical Rectangular Design _ <:��:��-w .ran ����• :�v 1098 4200 NE Birmingharn Road•Kansas City,MO 64117•(816)452-0228•FAX(816)452 75 81 10 NettingInstallation Instructions f -� TOP, DIVIDER AND FRONT NETS: The batter's area is generally the best place to start the net installation. Begin by spreading the top nets out on the batting cage floor in the position where they actually will be used. Temporarily suspend each top net at a convenient working height(usually a lit e below ` . shoulder level or 4 1/2' to 6')by tying the comer of each net to its nearby post with twine,tie wire, rope or the net corner ropes,"pigtails",themselves. This will put the nets at a convenient Back of Cage of machi=) height for splicing without the need for a tall ladder. Allow the nets to stretch for awhile, if t (In front 16'x16' ' necessary. Temporarily tie the corners of adjacent top nets together and make several r temporary ties along the seam between,the nets being careful to assure that net material is evenly distributed prior to permanent fastening. Keep in mind that sagging in the top nets will 1&10' eventually be taken up after joining the top nets and raising the nets to final height. Top Net Seams must be carefully tied together, temporarily at first,in order to insure an attractive 16'x48' permanent splicing that is evenly distributed. During temporary splicing, uniform distribution is generally more easily obtained by tying each successive splice at the midpoint of two previous splices. It will be helpful to tie up the nets temporarily at the divider posts. The divider nets and front nets can now be placed in their proper positions. The side nets,as well as the divider and front nets, should be oriented in their proper positions as to size and - shape. Note: The side nets are tapered from front to back (13' to 16%take care in laying out these two nets in their proper position to insure that the tapered edge is located to the top and that the ends are matched for the correct lengths. Temporarily tie the corners of the adjacent Front of cage • • nets together and make several temporary ties along the length of the seam being careful to 16'X13' �r f Vol ytes. assure that net material is evenly distributed along the seam prior to permanent fastening. (Past experience indicates that the divider net is the trickiest net of all in obtaining even distribution of netting material during installation). 4 tSA�svere ter� The batter's area nets are now almost ready for permanent fastening to one another along the top seams with hog rings at 4"maximum spacings between hog rings,provided that the nets are evenly distributed along their seams. Generally it is best to start at an upper front corner Catcher Net and tie the pigtails of two adjacent top nets in a knot with the divider net pigtail and place hog rings about two feet along the seam of the three nets. Then tie the pigtails of the two adjacent front nets into the knot made up of the divider net and top net pigtails and hog ring at 4" maximum spacings between hog rings, the vertical seam of the two front nets and the divider net together for about two feet. Use the heavier front net pigtails to suspend the net assembly from the support frame. Now work your way out to the end of the top divider seams, and then Important Nate: Do not attempt to bind the top work across the top front seams. Hog ring all top seams permanently before going on to the nets directly to the pipes. This net system is hung vertical seams. from 1 foot to 3 feet below the pipe framework. At the low end,framework is 14 feet high and the When hog rings are used,be careful not to cut into the cords of the nets. After installation with net is 13 feet high. At the high end, the the hog ring tool,squeeze each ring with pliers to tighten ring firmly to rope and to eliminate framework is 19 feet high and the net is 16 feet protruding sharp points. A light rope, such as 5/16" or 1/4" black braided polypropylene, can high. This is not a mistake. It is by design. also be used to join nets. Side view of Batter's Area Notice that netting is suspended within pipe framework rather than connected directly to it. Master Pitching Machine 1098 4200 NE Birmingham Road•Kansas City,MO 64117•(816)452-0228•FAX(816)452-7581 11 Netting Installation Instructions - Hog ring splice rope to original rope here. Note: A Spring Clip is -, Use rope lacing or plastic provided for the vertical VERTICAL SEAMS: coated tie wire to attach the post and can also be used. After all the top seams are fastened, raise the entire net assembly while working down the vertical netting to the pipe framework. seams until the assembly is in the approximate final installation height. This can be done by I/I I &///,/, I sliding the temporary ties up the posts a little at a time using a 2x4 to push the knots at each post Rope Edge or by rigging ropes over the top of the cross rails to lift.the net assembly a little at a time. The net *qAm Binding assembly should be raised for fastening of vertical seams. Vertical seams between the side nets and cage front nets, and between divider nets and cage from nets,should now be fastened together Use rope lacing with hog rings using a 4"maximum spacings between hog rings, being careful again, that netting or plastic coated material is evenly distributed. Note that at door locations, only the divider net and one of the cage tie wire to attach Tie neatly with two or front nets should be fastened together along the length of the doorway openings. the netting to the more turns of tie wire pipe framework. NET ATTACHMENT TO BOTTOM RAILS: p (plastic coated clothesline p wire) or drill a hole in the Raise the netting assembly until the bottom of the netting is slightly above the bottom rails vertical cage pipe and (ideally 2" to 6") and tie it up at the top corners and top cross rails of the cage to support it. This gate frame and insert the position is only temporary so that the bottoms of the nets can be properly located. Now pull the spring ends. If the spring bottom net down and fasten the net bottoms to the bottom rail using plastic coated tie wires Hog ring splice slips, it may be necessary wrapped twice around bottom rail and net edge ropes at 6" to S" intervals see illustration). rope to original pp g p ( ) rope here. to run a wire to the corner Follow this same procedure along all bottom rail locations and around the gate openings, except P of the gate in order to doorways bottoms. After the bottom is fastened,readjust the top nets to their final height. hold it in place. NET ATTACHMENT TO DIVIDER POLES The divider nets should be attached to the poles in front of the batter with plastic coated tie wires spaced roughly every 36". An alternative method would be to purchase (locally), some form of padding material,such as that used for goal post in soccer or football, and lace the divider net in with the padding material. Note: These padding materials can be both costly and hard to find but ' will cut down or control the amount of balls ricocheting off the poles. DOORWAY CUT-OUTS: Cut out the openings for the doorway and weave a rope through the cut-out net edge (as explained Doorway Cut-Out later), and then attach the net edge to pipes surrounding doorways with plastic coated tie wires y spaced at 4"intervals or with rope lacing. Place chain link fence within the swing door. Cut the door out of the front net panel and use lacing techniques to rebind the net edges around NET CORNERS ATTACHMENT: the door entrance. Then, place chain link fence All net corners should be attached to adjacent poles using plastic coated tie wires or ropes. Do within the swing door. not tie nets directly to the poles so that stress concentrations will be avoided. Note: The top nets 479 are suspended one to three feet below the frame work and are not tied directly to the top rails. spacing FINAL NET POSITIONING AND ATTACHMENT: Rope Observe the sags and distortions in the top nets and correct by repositioning the net or adding Net appropriate net support cables. Once the desired result is achieved, securely fasten the top net edge ropes to the upper rails of the pipe frame with rope or tie wire aerials keeping in mind that the top nets are not directly attached to the upper rails but are suspended V to 3' below them. All top net support cables should be attached at this time. Bottom 1" Pipe Net Rope Cords IMPORTANT!!! Tie wire aerials should not be multi-looped between top rails and net rope bindings. They should, by design,break away from the rails if severe loading occurs to 6»_ g„ Hog Ring __0 _; prevent damage to the nets and framing. Net Attachment to Bottom Rails Loop twice around pipe and twist tight. Do this only Joining Seams on the bottom 1" pipe and around the the gate openings. i' Master Pitching aa,1,. `l ai , • 0998 4200 NE Birmingham Road•Kansas City.MO 64117•%(A 16)452-0228 16)452 7581 12 Netting Installation Instructions Net Support and Tie Wire Aerial Locations Support Cable Spring Tie Off Detail NET SUPPORT CABLES: Spring Clip Support cables attached to the cage front and machine front top cross rails and are especially Support Cable necessary at locations where occasional snow loads or ice loads might occur and load the net e assembly. They are used to take up excessive net sagging between the batter's station. •� ` Rope Normally,three net support cables are placed above each batter's area,equally spaced to give a Edge "pillowing"effect or less sagging look and are spring loaded at the machine front,top cross '• Support Cable Spring rail (see illustration). The number and location of attachment are optional and depends on your — Runs Under Net geographical location. Note: The same plastic-coated, stranded steel clothesline wire is used ram- �*.� Sl�pax� 'L Tie for net support cable as well as for aerials and tie offs. Important: Pass support cable . 13._16.R4s underneath top net and around rope binding at each end of net; use only enough tension to take Back of cage sagging out of top net. (In front of machines) 16'x16' Top Net The top of this net should slant a /� I out slightly towards the batter. r Rope or Rope edge Support cable I Wire Loop &QjG binding runs under net. 0 wm-s Cc,17� Spring Top Net I•oap } 16'x48' r•. � r Loop PORTANT: Support cables or aerials r`, spring IM Loop ••!. Rope or should not be multi looped between top Spring Wire Loop v�. rails and net rape bindings. They should, -_� by design, break away from the rails if r� �.r severe loading occurs to prevent damage � to the nets and framing. A Half-hitch knot or double twist the wire f ,. -r J. Ciao psk• Support Cable Tie Off Detail St�p`ew o�le� pp Front of Cage �p4e etsupF� n 16'x13' r pF�e4ae"hclol , uy Spring ate Three net support cables, Rope or Wire Loop equally spaced,are placed Me Spring Here) CATCHER'S MAT/NET ATTACHMENT above each batter's area. Spring The catcher's mat/net placement is centered in the cage and hung about one foot inside of the clip cage front net with an angle sloping toward the machine from bottom to top. It is to be Catcher suspended from its top corners by tie wire aerials that are springs loaded. This will create a Net Rope edge recoiling effect of the catcher's mat/net and help to deaden or stop the pitched balls. The springs binding are to be located three to four feet in on the divider upper rails from the fittings at the top cross Tie Wire rail of the cage front. A clip is wrapped around the rail,and the spring is attached to the clip. A 2" tie wire aerial attaches the spring to the comer of the mat/net. The tie wire aerial should be run z„ --Bolt down under the net rope bindings at the divider seam and through the nets. For catcher's nets, Tie wire runs simply tie pigtails to tie wires. For catcher's mats,it is best to tie an eyelet into the tie wire end L ~ Washer under net. Spring or attach a small length of chain to the end of the tie wire and then clamp it between a washer set •r or � ;t°;::= •.��fJ -; with a bolt through a hole in the corner of the mat drilled at least 2"in from the to and side of .f � •J��' ,J�1, Tie-wire p Chain fir,.-`':.;`;,. ... the mat. The bottom corners can be done the same way as for attaching the tie wire to the tap of ":: the mat. However, the bottom ties will not be spring loaded. They simply tie off to the bottom 1 z cage rail oar it can be tied off to eyelets anchored into the concrete floor located about one foot in Nut t� :r . Toll net from the bottom rail. Rope or chain with a little slack left in it works best for this because tie Mat ,``t wire, under the forces created, tends to pull loose from the rails or eyelets after awhile. Note: ti Catcher's Mat/Net Spring Attachment Leave a mint. of 4"clearance between the bottom of the mat/net and concrete floor so that balls Catcher's Mat Corner Attachment that have been caught behind the mat/net can easily roll out and back into the system. Master Pitching w� uu Machine 0998 4200 NE Birmingham Road•Kansas City,MO 64117•(816)452-0228•FAX(816)452-7581 13 Netting Installation Instructions NET EDGE ROPE WEAVING(LOOPING METHOD): Net edge rope weaving is a simple yet important procedure that is performed in order to strengthen and stiffen cut net edges for attachment to pipes or other nets. Use 5/16" or 1/4" braided polypropylene rope. Select a row of net mesh along the cut net edge and loop the rope around the first cross-twine and travel from one crass-twine to another without ever crossing the rope or reversing the looping pattern. Do not change the looping pattern or else a non-uniform or bound seam will result. When finished, pull the rope tight which will cause the net to twist and invert resulting in a sturdy edge seam. In most cases when weaving netting,it is easier to weave a short distance of a few feet and then pull the rope tight. Note: Pulling out the slack in the rope when weaving long seams will cause the net to twist and start inverting. Be careful not to lose the proper position of the uniform pattern. WEAVING TWO OR MORE NETS TOGETHER: The easiest procedure for weaving two or more nets together is to place the net edges together, face-to-face, so that the edge cord of each net is adjacent to one another, and then follow the same looping procedure as outlined above for"net edge rope weaving". Loop to the same side of the rope each time edge cords to maintain a consistent looping pattern. cross twine cross twines Net Edge Rope Weaving Weaving Nets Together LOOPING METHOD Maintain a consistent uniform looping pattern and pull rope Weave two or more nets together by placing net edges together, face-to-face, so that the through as needed. Net edge will twist and invert creating a sturdy edge seam. edge cords of each net are adjacent and then use consistent uniform looping pattern. 0998 4200 NE Birmingham Road•Kansas City,MO 64117•(816)452.0228•FAX(816)452-7581 Hole Location for the Net at the Front of the Machine Area. 14 BALL OPENING CUT-OUTS: An opening must be cut out of the machine area netting to allow balls to be pitched. Pitching machines must Ball Opening Cut Out be placed in their proper position in order to accurately locate the bull opening. Note: If the machines can Project a line off the top of the machine Projected plane of contact with be adjusted to the correct pitch before the attachment of the netting, the ball opening cut outs can be found until it makes contact with the netting. the netting at the horizontal cord by simply pitching a ball into the netting and cutting a hole around the indentation left by the ball striking the netting. BASEBALL CUT-OUTS: To locate and cut holes in netting for baseball machines, project a line evenly off the top of the machine until you hit the netting. At this point,locate the nearest horizontal cord of the netting and then cut out two squares of netting above and below this intersection that are six squares wide and located directly in front of the throat or arm guard of the machine{see illustration}. Adjust the pitching Netting machine to throw through this 4-square high by 6-square wide hole and then cut the hole height(up or down) as required to obtain the desired pitch path. Generally, a 6-square high by 6-square wide hole is suitable. FAST-PITCH SOFTBALL CUT-OUTS: Fast-pitch softball cut-outs are located in the same manner as baseball cut-outs. Pitching Machine SLOW-PITCH SOFTBALL CUT-OUTS: To locate and cut holes in the netting for slow-pitch softball machines,project a line evenly off the top of the machine until you hit the netting the same way as that for baseball. At this point,skip up 14 squares to the nearest horizontal cord of the netting and then cut out two squares of netting above and below this intersection that are six squares wide and located directly in front of rL the throat or arm guard of the machine (see illustration). Adjust the pitching machine to throw through this 4-square high by 6-square wide hole and Chen cut the hole height(up or down) as required to obtain the Preliminary ball cut out desired pitch height and path. Generally, a 6 to 8-square high by 6-square wide hole is suitable, for a baseball machine is 4 squares high by 6 squares Note: Holes should be laced with 5/16" or 1/4" black braided polypropylene rope to strengthen the edges wide, centered on the Preliminary ball cut out for and corners of the netting to prevent ripping of the net by batted balls. Once laced, the hole should be drawn projected horizontal plane a slow-pitch softball in using the rope to make the hole as small as possible but still allowing the pitched ball to clear. of contact with the netting machine is 4 squares high and centered on the arm by 6 squares wide, Nate: To locate and cut holes in the netting for the Lefty machines,project a line evenly off the top of the guard throat width of the 14 centered 14 squares above Lefty machine until you hit the netting in a simular manner to that done on the commercial machines (see pitching machine. squares the projected horizontal illustration). At this point, skip up 4 squares to the nearest horizontal cord of the netting and then cut out 4T- 1plane of contact with the two squares of netting above and below this intersection that are six squares wide and located directly in netting and centered on the front of the throat or arm guard of the machine. Adjust the pitching machine to throw through this 4-square 4 arm guard throat width of high by 6-square wide hole and then cut the hole height(up or down) as required to obtain the desired pitch - the pitching machine. height and path. Generally, a 6 to 8-square high by 6-square wide hole is suitable. Ball Opening Cut Out : Netting Projected horizontal plane of Project a line off the top of the machine contact with the netting. until it makes contact with the netting. Projected plane of contact with the netting at the horizontal cord Lefty Pitching _ Baseball Machine Preliminary ball cut out for a Slow-Pitch Lefty, slow-pitch softball machine or Softball is 4 squares high by 6 squares Fast-Pitch wide, centered 4 squares above Softball the projected horizontal plane of contact with the netting and centered on the arm guard throat width of the pitching machine. F Master Pitching Machine 0199 42IX]I`(1 }3irmmg am Rv as City,MO 64117•(816)452 0228 AX{81b}452-7581 15 Batting Cage Lights & Net Protectors Net Side Panel Vp I ' � �- tie,••� �LL�3n �. \ I \ .R �• f 1 Divider Net Lights Mounted on Posts \ ZyctPcotr�tio4 I Lights Mounted on d A Cage Framework ;,��; n�. k Front of Cage— t General Notes on Lighting The total wattage of lighting needed for the batting cage area will be largely determined by the general lighting level of the area. For example, a brightly lighted amusement park or arcade area may only need supplementary lighting in the batting cage area if they are within the brightly lighted area. On the other hand,if the batting cage was in a dimly lit area of the same park, the floodlighting Net Protector Use and Installation of the batting cage area would need to be brought up to the level of the rest of the park. The important thing to remember is that the Net protectors are recommended for use in batting cages which are batting cage area lighting should be at least as bright as the surrounding area lighting. In addition,it is important that the arm narrower than the desired 16' width specified by Master Pitching Machine, motion of the machines be easily visible to the batters. This motion is a major advantage of Master Pitching Machines and needs to Inc. At widths less than 16' the batter is much more likely to have be seen by the batters. interference with the side nets and divider nets. The purpose of these Lights are easily mounted to the vertical extensions of the rear batting cage posts as shown in the above drawing. Separate protectors is to deflect occasional contact from a bat which could both mounting posts may be needed for additional lighting. damage the net and harm a customer. The net protectors should be from 3' to 4' wide, from 5' to 6' long and Recommended Lighting Amounts made of canvas, plastic-coated fabric or similar material. They should be (A) Machine Lighting- 300 to 500 watts of medium beam spotlight (not narrow beam spots) should be focused on each pitching positioned with the center of each protector lined up with the center of home plate in each cage and centered vertically from 36" to 42". They are best machine from above and behind the batter. These lights should be positioned at a height of 15 to 20 feet from the ground. held in place by ropes or light tie cables as shown in the above diagram. Net protectors are available directly from Master Pitching Machine, Inc. (B) Batting Cage Area- The general area should be floodlighted from lights placed as high as practical (20 to 25 feet or more) as item#762211. with a minimum of 500 watts of power per machine and a minimum of 2000 watts for a two machine range. (C) Open Field Lighting - For an open field batting range the lighting should include from 4 KW to 10 KW of medium beam spotlights (preferred) aimed at the field from approximately 20 feet above the ground on poles behind the batter's area. Master Pitching "'' , Machine- This is in addition to the lights needed in the batting cage area. 1197 42flo NE Birmingham Road k Kansas City,Mil 64117-(816)4 2-0228-FAX{8157 4524581 ,- 1 1. ■ . +- � - 1 11 1 . +. 1 - . ■ 1 1 1 11 ' ��� rr// /����f(r� 11;,. N r•`r. ITS"r�A��;'• ' 1 - � ',- ti�ti��vrti� �� i III -oil 6 ILI I{it,r 11,, I11+;.. �w��w w-■-w -AN. 'r'I'li+l111'1' 'i;''��� •v i�w RRR_ ..R_,1'-R ' :��� �i`rl rl,�l I+4 111,;••;:1''� ■ � A �-�titi�1�+1�tiR`RR 57 'L1.L\ :.�•:• 1g�+•C11�.^ `iy�f1''11+�f11•li 1!1 I�i'�Ir(j '�::-~ SZt� �`ttiati;�-:1�St!��N�',L���\S�1• I�I�I�Iji'�lil�,lill���l�;�l�jli � N J Iw::::•�.•�+.•"••• Ar��1��ti+ti iw���~\� •R11\t 1 iii li I 1 [ �'..._..:rT..:..�. �• i�ti.k r� .ice►tii��t� 'Y. �If i �1r Ifil!i{1 '�� •-.......... rww w1:t w yw;w 3. 7itcbti.�J ii�t f)) 1 I� 1'ifl 'f+l �..:f 7:�::Cr'77r•�T�.�?'L„':. =+`y=��`=�+i wR+w`; \ L� \1 ;� L r Fri 11 1�iii i +i• [.._--•::::«�:'".�17:1$ " � to _ R �•i ,1 .Illr '�I+I�r,i, r:i'(I til ,+11�I1(� �,�.',=•;��:�:_:j� t �t �.»' 1+ 1�,1l III+,1� ■ Il•�l�Elrii%s_" i�z��.�ice:����: mtYl`\�\ t �\ `µ• • ;•.,•+,rl+;,1 11'+f''�•1�1 j_r':`�: _ ..... ....... wY'a It �_ •i\�tl\\��� �;; •; r"t �;�l�,t+`,4'� ......i; .. \�\\�11; +����;•`,�1;• ,;II+�;�ti'i� �rrir:c:=sr�_��:::::�::;' �'�=±;�.;��'.�:��: .\ii••ti�i .., ���\ \� \�• ��� � 7llt�` 7N\�,' Si`;�� •�;�I';�I;;';;"qI;f/1i4+,11 -:;i . �'^ •--�_ � ��1`�t��� \�yt �1sy �''• ...........�r5 til+ eri.•:s:�rr r.:iTrrra 11: _����� to 1\ F.1 .•�C \4 rt" tiau<tia��t},`} :u��� '';•''•'; l,r •'���rl�F�lln_rrJfrr�p�I1I tt .1\l\\*'?,�,� :Y• � ,.r• _ 1�N�..:t�.: I 1 i.l 'iiiii;;,�1 1 .t 1:�llI:Sl111!!I►I►II! ��wt r���: .:t.;=: ;I�pj F:-:- 17 Master Pitching Machine 17 ChainLink Fence RequirementS Note: When using chain link on the front of the machine area, the nets The purpose of chain link fencing is to prevent in front of the machines should be installed with a slight slope toward especially children from putting their hands the batter. This will result in a separation between the fence and the people, p Y p t g ads net. The net should stop most balls without touching the fence. and face up against the nets. This action may result Machine Area Suggested Chain Link Requirement p g in physical injury from flying balls. This is an The chain fencing, which we suggest you install around the machine area, is for the purpose important safety consideration, do not overlook it! of preventing public access to the machines for safety and liability reasons and for prevention The chain link fencing, design,is to keep people of vandalism to the equipment. To enclose the area around the machines and to cover the gates, out. The netting is, by design, to keep the e balls in. we suggest that you use 8' chain link fence. This should be attached to the cage framework of Maintenance of the net system integrity a must the machine area (see illustration). Be sure to install the fence around the back and sides of the es up keep of the net when ever damage machine area, (the front is optional-- will need to cut holes for the balls to be pitched through). occurs.and requires no time should one rely on the chain link Batter's gates, frames supplied,should be covered with chain link fencing attached directly to fencing to do the job of the netting. To prevent the pipes of the gate framework using conventional chain link fencing hardware. damage to the netting and chain link fencing nt 18" Note: Fencing and hardware are not supplied by Master Pitching Machine, Inc. i clearance should be maintained between them. These items are widely available and can usually be obtained cheaper locally. Note: Although the illustration shows a 4 station standard rectangular cage using an EW single path distribution system, cages using the E-1 single path distribution system or grand central hopper distribution system will need to follow the same guide lines as specified on this page for the chain link fence requirements. All opened rectangular cages will also need to follow the same guide lines. Chain Link Fence 8 42" (minimum) chain link fence Perimeter of Cage Chain Link Requirement Like the safety barrier behind the batter,this section of chain link fence should be installed to keep people out of direct contact with the nets. This fence should be 60" Safety Barrier (Behind Batter) Chain Link Requirement minimum or higher and should be installed at least 18" For the area behind the batters outside the cages, install a 12' long outside of the net. We strongly recommend that you section of 42" (minimum) or higher chain link fence. Install this fence install an 8' high fence around the perimeter of the cage at least 18"behind the net and ensure that both ends are closed off. system when walkways run along the perimeter of the 60" (minimum) The purpose of this fence is to prevent people, especially children, from cage or where there is the possibility in which people chain link fence putting their hands and face up against the nets. This action may result will congregate at times; such as with coaching, driving in physical injury from flying balls. ranges, warm up or practices areas, or parking. This is an important safety consideration, do not overlook it!!! Note: The posts, fence, and the hardware for this barrier Note: The chain link fence Note: The posts, fencing, and hardware for these barriers are not are not supplied by Master Pitching Machine, Inc. should run clear to the ground. supplied by Master Pitching Machine, Inc. 0599 MountingA-SeriesMA-Series18 & Machines Front of Machine Area Note: The base of each machine should be anchored in place using the hold-down Note: For cage systems using dual 32" plates provided once the machine has been adjusted and set for the correct pitch. machine and/or lefty combination __ _ set-ups,the location for the conduit — 25_' €i ll risers will change due to the : �._._. .. centering of the pitching arms in —[—>3otw :[• 1 s , relation to the centerline of the I-4--30"—� � The dotted line represents cage and the position of the Conduit ; 1 £wi ft the edges of a conventional machine with the control box unit. Location ' ; mounting pad. For dual machine set-ups, the conduit risers are located 50" I 2D34' s s: back from the front fence of the + • =l�:l,. :s; 11[;' ' i } { s .: The slotted hold-down machine area and36"to the left of 10 _ ��t 10' 3g1 .3 `�'�} j5 £1 s:= l 1 ` t; allows l 1/2" Of lateral t centerline instead of 20 3/4". For sl :5 ;;l € = r; movement. This allows the lefty combination set-ups,the , s s t L� ...�----.. .----- conduitrisers are located 5"to the � s° �: ,i j ='3 for minor adjustments in left of centerline and 50"back. '• l l i MUM i �: t the aiming of the pitch 2s�a' Hold-Down Clip s;;;; 1 over the late during the This will place the arms of each Pitching Machine Area With Round Hole €_� ` •��i �� P g machine approximately 15"to the Rectangular Batting Cage Slotted :: ;: € ? ;i ;. machine installation. right or left of the centerline of the Hold-Down �� cage g position the machine with the control box unit in the Center Line Clip proper place for the conduit risers. &Ball Path E Mini Pier Mounting Note: Conventional Mounting Pad, ote: The base of each machine Split-Pad Mounting, and Mini Pier should be approximately level with Mounting Methods are used for home plate in the batters box. — W cage designs not using a flat Cage Width CL concrete machine area or for use _ with trainer machines. ` Conduit << t+► Conventional Mounting Pad Split-Pad Mounting The slotted hold-down allows 1 1/2"of lateral Note: The base of each machine movement for minor should be approximately level with i' Hold-Down Clip adjustment in aiming p With Round Hole Slotted �!� pitch over plate during home late in the batter's box. Hollotted •►► machine installation. Clip j Conduit Cond i _ To mount machine on a flat or sloping slab floor of pitching machine area: u t Step 1: Pour slab according to plan. Install wiring conduit in place,according to the above plot plan, during slab installation. Layout the location accurately from centerline of the batting cage. Step 2: After the slab is poured,lay out the location of the anchor bolts for each l'. ; 3 '•; +�� ltl 1' machine. Drill the holes and anchor long anchor bolts made from 1/2" threaded rod in ■ ,, t The slotted hold-down i - allows 1 1/2"of lateral I' slab. Use grout, cement or bolt anchors to lock anchor bolts in slab. Hold-Down Clip ` i ! ■�f.;, lei movement for minor Hold-Down Clip Step 3: Using stiff cement,form a 12" diameter pier around each anchor bolt. Carefully With Round Hole adjustment in aunin With Round Hole Slotted ,r' " , level the to of each pier so that the machine will sit level. Make the piers high enough Slotted j g ��'■.; •-.� ''- P P p� g g itch over 1 g = ■� Hold-Down P pate during Hold-Down .�,r.� so that a 4" diameter softball can roll under the machine base. Clip machine installation. Clip Step 4: After the concrete has set, place the machine upon the piers. Install the hold- Prepare a conventional machine mounting pad or pier according to Instead of a conventional pitching machine mounting pad, it down clips and cut off the excess bolt length. the above plans and dimensions. The pad may be a thin one.just a may be more practical to pour two small rectangular piers as T few inches above the pitching machine area floor or a taller pier, if shown above. This has the added advantage of allowing loose Master , • necessary, to raise the top of the pier to the proper elevation. balls to get out from under the: machine. 1197 4200 NB Bm=gharn Road•Kawas City,MO 64111•(816)452-0228■FAX(816)4S2-'1591 19 Electrical Wiringfor Coin-Operated PitchingMachines r__....-----------------------------------------------------.,_....-------------------------------- -----.--- Install W-4 Jumper for - - Low Voltage Wiring for Coin Box (24 to 20 Gauge) 1 Control BOX Wiring Electronic Control for Models A-53, A-55,MA-4, MA-5 and MDL-2 I Optical Sensor Operation. (This should not be placed in the same conduit I as the 115 Volt AC or other wire circuitry.) 761-457"OM"Series Circuit Board ; r------- ------ r---- -� Q '" O 761-007 I ---�w� -------Coin Box Wiring----------- ; a Relay i l 115 < 1 i Electronic Control With Optical Switch ! e D AC Coil 0 ; I .. 1 0■ . ■ I 1 Oran e s i Black Start Button; 761-009 { O t I L-__-_y � i •� �� i lOAm t ---Blue +� Blue I r I(3 p F �z r r 1 ----------- Breaker ___White ; i t1' I Circuit ; -r- 1 i o c ° Breaker rx Orange ; • �+y+� o r---- g -+�� , ,G,' 0 W IW D O i 0 r_Q��_�I Wire Cd LED Light I -' O 0 i v I I Connector , Id I tJ r'4' I I i Optical Coin Switch j "Ln "' To Ball Count I '�' I ' • • • ' "a0 I� Switch 761-008 I .. o l D IZV, 12 Volt Transformer White(A) Iue{GND) a I� 761-025 for Warning (� t J� lnx Light e �� 'zEzv I Coin Box P4 Black C = ; 762-203 l� $ Varistor ic5a. I �--------------------------------------------------s r 1/4 Amp Q Q I� x"' _i 1 FuseOF a o ` Important Note: I N 0 x Neutral The wiring schematic at left applies 1 I to coin boxes with the optical sensor. 0 3I D I y 11 I (earlier model coin boxes with a i Neutral coin switch are wired differently.) i .» j 765-053 O CONTROL F 110 VAC NIO Hot Terminal I Stri —00 0 3 2 3 4 , , coM ; 120 762-112 Volt 1 Ball Count o Coin Box mounted on 2" I Optional Coin Counter AC o Limit Switch a� x 12 Volts AC to , �3 Mounted on Machine pipe in ground. Do Not 761-006 761-006 Z I 0 110 mount inside batting cage i evil Light on Machine, Maintenance Maintenance t or onto batting cage frame. '� IIAC i 115 V.60 Hz. Stop Switch Start Switch 120 Volts AC To I Low Voltage Coin Box Wiring: _ ]p, Z Motor On Machine 24 to 20 gauge,5-conductor minimum, "OM" grounded(one-end only),shielded, - ---------------------------------------------------�------------------------ µ----�---------------_--_ ' -Series direct-burial-rated. -'� Circuit Board Shown Conduit Runs:,___*� Note: All wiring may be routed above ConcreM te ground as long as it is protected from Mounting Pad physical damage and meets local Codes. Use flex conduit A__�" from conduit stub 115 V,60 HZ, Conduit and wirin under ground must up to machine. 15 AMP supply also meet local but ding codes. line per machine LMawster Machine MW 1197 420D NE Biiming�iain itouci 1{acvsas Cily,MO 6 117 (8t 6j 4S2 UZ28• ($16)452 7581 20 Ball Elevator and Distribution • • 120 volt TerininalStrip Separator Head grate ® a as Actuator[.in Jumper Wire I�! Time Delay Power 14 System Contro1s "�"PiLr •t I Relay On/OffSwitch 24 volt Capacitor 24 volt Diverter 9 9 — theeactuaormotorth Supply Wire o to u t , , Actuator Motor ) 9 r Elevator Motor 4 3 s I How the System Works ,% 1 ' • The relays in the pitching machines are connected in parallel to 24 volt Diverier the time-delay relay control switch circuit in the elevator. This /Supply Wire 0 will cause the elevator to operate whenever any one of the Main Control 0 0 • 0 a e 7A volt Relay pitching machines is in operation. This parallel wiring will also "' �.To the za volt a 2Im. ., Transformer 1 amp Pop-Out cause a time-delayed shut down of the elevator after the last 24 voltDivert�/' _ Terminal Strip Circuit Breaker Return Wire 0 o pitching machine has stopped. The time delay will allow a 0 0 0 sufficient amount of time for the elevator to clear the cage floor of ate: Connect the 24 volt supply wire for the diverter to ® la amp Magnetic balls. The delay must be determined by the operator and set by the relays through terminal#d. Connect the return wire of Elevator cir�lt Breaker adjusting the central knob on the time-delay relay in the elevator. the 24 volt to a common on the 24 volt terminal strip. Test switch . The actual distribution of the balls to the various pitching When two diverters must be operated to route balls to a _ 0 machines is controlled by the diverter gate actuators which are machine,connect each supply wire to a separate relay and s........-.................................... switched by the 24-Volt plug-in relays in the elevator control box. place a jumper wire between the separate relays from f otfe: For Systems using. These relays may be operated in any of three ways: automatically terminal#G of the main controller relay to terminal#4 of 24 volt Terminal Strip the 114 Hp.Gear Motor, s a 5 amp Magnetic Circuit; b the hopper bottom ball level control switch mounted ipnp a the relay requiring the additional operation of that diverter. Return Factory-Installed Safety limit Switch : Breaker is used Y FP machine hopper, manuallyb the switches which are shipped t........................-:................3 Manual Control Switches iverter Return Wires connected to the relay and mounted along the bottom of the The secondary poles (auxiliary set of contacts) Ball level Control control box or remotely by switches(not included) which may be of the control relay on each machine are to be Systems Supply Wires for Ball Level Control Systems mounted at a convenient location for the cashier or attendant. wired in parallel, all connecting to the 24 Volt terminal strip in the elevator control box. Low voltage wiring for coin box. (24 to 20 gauge) To Coin Box This should not be placed in the To Coin Box Install W-4 Jumper same conduit as the 120 V AC or other wire circuitry. r-------------- ---- ------ -------- ----------- ••---------------- r-------------- -- - -- 1 r-""'.—,=___=--I 1 , Coin Box Wiring-Electronic Control 1 I I 1 I I l i-- 1 1 1 O O ❑ 1 1 ❑ �, ❑ O With Optical Sensor , I n q I I I�,.IyJ a• ■ O I , I 1 Rdy. 1 I a V`Al I 1 p O 'AJColl 1 no prroa 1 i k1��•.�ytJ��••ryry ry per" o Y t l5 V/� Coil � I 1 -� � � 115 V AC � I L------?i'lp4C..-S j a1 �� IQ cue[Breaker a • CiretOuiBceak. IJ I i------^ LEDUght i i a iie v m 11 11 ►�{{�,��,�+,1�I o n o m I 1 I 1 '"W Ir ro Ball optks1Cduseoea 1 t To Ball 1 I d0a5 Count N ---� • ; • i D�a� s 0 switch l y�j.... ————J 1 1 I •• Y 1Yand—r I 1 1}aosforrner l2 Volts Fa 1 I �,•, I�,�, 12 Volts For 0 1 J i a1� i a W.rd glrght 1 1 �y I O W w �, W.,.i g gn F --1 i hl..ntcr I v na I I v ua 1 Z!— ' � lul � z A x I u I I 1 I V 1 c 1 I I I I I I te�w.� I �g I Coin Box ! p'colrri�t =xa"rr ;d0A pcamat t»v�c`a❑ col I j � I roil 0 111il"I 0 i i 0 0 0 i —� r---- J l 1 52vdtate I 1 a ltVolts 1 ooMW11rc 9 uAtoR mw.'1'nurraiR coRak ot raRa � THIS CDI6 counter is RRte standard fed tse no! i3 I I standard fcah,re m all r. A I anitc.II rtws[be special I 1 units.nrmst be al 1 1 dered. I 1 120AC TooNered. speci L� O lonll Mo Volts Mwhi t I Ippt, LL MotorosMwhi Ball carat Limit I Moroi on Macttine 1 1 Motor on Machine � { Mv wwnea 1 Coin Counter Maivlenanee Stop Maintenance Start 1 1 Cwn CouMec Maintenance Slop .Viai ntenance Start I 19 1 120V bO HL I 1 12DV GO HZ " I 110 v1 i Control Box Wiring-Electronic Control-Models A-55 &MA-4 ; i Control Box Wiring-Electronic Control-Models A-55 &MA-4 I I 1197 Model 21 EW Elevator Belt Tension and Maintenance Belt Tension Adjustment Model EW Elevator Elevator Chain Drive Assembly Lubrication of the elevator chassis The proper operation of the elevator requires the correct amount of The unit is equipped with re-lubricated ball bearings and will not require belt tension. The belt tension may be checked in the following Set Collar Gear motor sprocket PP P $ q manner. As close to the center of the elevator as possible,grab a set �� re-lubrication. If the bearings of the roller(particularly the bottom roller) of cleats between your thumb and index finger of a closed Fist on 1/4"Key Gear motor do show signs of excessive wear, as evidenced by the chain falling off each hand. With a firm grip pull the cleats and belt perpendicular to often or by the elevator belt stalling often,then replace the bearings of the the elevator. When the belt tension is correct the back of the belt Bearing roller. will be in a range from one inch past the outer side of the elevator to Flange a few inches past the outer side of the elevator. If the belt cannot be V pulled out to the edge of the elevator it is too tight and needs to be =:r' ; The chain should be lubricated once weekly,and after exposure to loosened. If it can be pulled more than a few inches beyond the Bearing Chain Idler (at"7- moisture,with a commercially available chain lube. edge of the elevator it maybe too loose and needs to be tightened. f O'clock position") f i - To tighten or loosen the tension on the belt,the head has four Bottom Railer Chain idler spring . tension adjustment rods which are double nutted(two on each side). Searing Malntenanee of Motor Two 3!4"wrenches will be needed to make the adjustment. Tanning Flange Sprocket Dayton Electric Manufacturing Company,recommends the following the nuts clockwise will lighten the belt and turning theta counterclockwise will loosen the belt. Adjust these rods until the Bearing — --Chain cleaning,lubrication,and wire selection guide for their motors. tension on the belt is at the needed level. WARNING: DISCONNECT POWER BEFORE SERVICING NOTE: Lock and tag power disconnect switch to prevent the accidental Tightening the rods draws the belt and pulley upwards towards the Belt Splicing Instructions turn-on of power during servicing. top of the elevator. It is important that there is enough space ........".".".".. twean the belt and the head for the balls to freely pass without f> r::• CLEANING hitting and jamming.. Itension �:�..... EANIN f the Dire c ct Cann t g ] g o be Properly selected and installed electric motors are capable of operating for without drawing P�Y aP P $ aw the belt and pulley t 1 0o close to the top,the belt ;.� long nods with minimal maintenance. Periodically clean out dirt must be shortened. -/ $Pe Y > > accumulations from open-type motors especially in and around vent �� P Y To shorten the belt,first completely loosen the tension adjusting 3 F%::=>::::: openings preferablyb vacuumingavoids imbeddingdirt in wind in s . �,".. ail�1�ti��1' '"'" ....."F.. .....,. �".... rods. After that is done remove the pin from the alligator clamp on At the same time check that electrical connections are tight. J {3E .,F ltE .5 r Turn be over and drive lacin $ the belt. Then once the alligator clamp is removed,the amount of g � 1A".� •, t1' i ;!;; with bar side down. Avoid hitting belt to remove can be determined by overlapping the two ends of the loops. LUBRICATION belt. Pull them so that if they were attached at some point,the 1 Square belt ends. The motor is equipped with pre-lubricated ball bearings and will not tension on the belt would be correct. Once this point is found ""'' `' �' `"''' x'''''' require re-lubrication. Should the ears require lubrication use type"L- rem ve the x P g 4 YP o excess belt making sure to leave 1 0 overlapping "f rla in belt. „ g PP g Industrial 30 American Oil grease or its equivalent such as Mobile Reattach a new alligator clam per the instructions on this page. ( Co.))$ $ Pg <- 1 'h-��:--- UX-EP2 Philu e#EP2 Gulf Crown#EP2 Alvania#EP2 Mu rifax#EP2 Finally,re b ti hten the npoint , e nuts an the tension adjusting rod s to the `> >' $ ] g <,,;�. .. :<.;::"�,:: that gives Y the corn m lubricant from correct belt tension. _ or DuBois TPG.. It is important to completely clean the old ub cant F "Y the gear box before adding fresh lubricant. Under no circumstances should When shortening the belt in this fashion it is important to leave a 6 Turn belt over and with bar side different types of lubricant be mixed. space of 41/2"to 5 1/2"between each set of cleats. If,after 2 Break lacing by placing thumbnail up drive lacing flush with belt. reattaching the clamp the cleats on either side are not within the on bar and bending off excess. Clinch teeth on metal plate. Wire Selection proper range,the cleats must be repositioned. In order to achieve Two pieces required,each one Whenever possible,the motor should be powered from a separate branch the proper spacing more than one set of cleats may have to be ` tooth shorter than belt width. circuit of adequate capacity to keep voltage drop to a minimum during moved so that they all remain within the 4 1/2"to 5 1/2"range. If ':.;, ;' there is less than 4 1/2"between cleats the balls will not be able to a'>> >' starting and running. For longer runs increase wire size in accordance with be picked up. Ifs spacing is greater than 5 1/2"the balls will stack the wire selection guide shown below. P $ $ " and can cause jamming at the top. _ _ w:>- i Wire Selection Guide i Once the correct tension is reached,check and see if the belt is I Motor Length Qf wirg run(feel) riding in the middle of the elevator. This may be done by turning . Cut corrugated hinge pin to length. I — �+v <....-':-<:: Insert m into splice with both the elevator on and watchingthe belt circulate around the elevator. r P P I Horsepower 25 5Q 100 150 200 I �� 3 Snap clips into position,one near bar-sides together on top of belt. If the belt is riding to one side it may be corrected in one of two .rl each end. (On very narrow belts t 1/4 #14 #10 #8 #6 #4 I ways. You can either loosen the nuts on the tension adjusting rods '�'�. __ }; use only one clip.) ; 1/2 #12 #8 #6 #4 #3 on the opposite side the belt is pulling to or you may tighten the nuts t'' -i.' ----------------------------------------- I on the tension adjusting rods on the same side the belt is pulling too. When the belt is properly positioned, the rollers,which are located approximately every seventh cleat, should be rolling smoothly and guiding evenly on center without binding against either side of the elevator. 4 Hold lacing loop-side up and insert smooth gauge rod through clips. Center bar-side of lacing on top of Alaster Pitching An Machine belt equally spaced from edges. 0997 a200 NE Binningham Road•Kansas City,MO 64117 (816)452-0228'9 (916)432-7581 22 Diverter & Ball Level Control 1 GI G 1 B 00 120 volt e s , , s s A A Terminal Strip System Wiring0 0Time Delay 9 Power M44.b0 ^"`a•�L, � Relay A A � On/Off Switch Separator Head Use strain relief in Spring Post ° Mounting Clip Assembly _ Spring g p ssemy Gate Jumper Wire @ @ knockout hole if 24 volt Diverter Elevator Motor conduit is not used. Supply Wire +��� 1 M Plug-in Relays 0 0 g s Q o Main Control 0 0 0 0 0 0 Main Slot 3 r � 2a volt Relay 0 0 0 0 0 0 za"d"�' 0 g Transformer 1 amp Pop-Out Mug m B<Iry Assembly ly Ball Level Control Switch Circuit Breaker ' Assembly , . ` , � ° 0 0 m 0 `\ r Switch Mount 0 o c o Actuator Lever r `! Elevator Test Switch • •.�' • 10 amp Magnetic Note: This drawing only shows - ° Circuit Breaker Install so that terminals cannot the Baseball Runs and its Control contact the side of the control System Wiring. For Softball Runs ;Nate; Far Systems using{ box i any possible position or a combination of both types of 24 volt Terminal Strip s the 114 Hp. Gear Motor, ak of switch mount. Runs, the Control System wi ring 15 amp Magnetic Circuit Safet Limit Switch ; a will be done in the same manor or Factory-Installed Parallel Wire y I Breaker i5 used, t form. Diverter Manual Start-up Control from 24 volt Diverter Return Control Switches Pitching Machines Wires for Baseball Paths To Relay Controlling Baseball 4 Diverter To Relay Controlling Baseball 3 Diverter To Relay Controlling Baseball 1 Diverter To Relay Controlling Baseball 2 Diverter (B Terminal of 24 Volt Plug-In Relay) (B Terminal of 24 Volt Plug-In Relay) (B Terminal of 24 Volt Plug-In Relay) wve �� g y) (B Terminal of 24 Volt Plug-In Relay) f �.." v 4 a O t NC CDM >:- , qc c,� M CAM ANC Co4I NC .. u• i Q D NO 'ENO How the System operates: Baseball 5 Baseball 4 B aseba113 Baseball 1 Baseball 2 No Ball Level Control Ball Level Control Switch Ball Level Control Switch Ball Level Control Switch Ball Level Control Switch The ball level control switch keeps the Baseball#1  diverters closed until Switch Needed the Baseball#1 hopper has the desired level of balls. Then, the Baseball#2 control operates the corresponding separator head gate until the Baseball#2 hopper reaches the proper ball level. When the Baseball#2 control opens the 4 3 separator head gate, all baseballs will flow into the secondary baseball path to Baseball#3. Once Baseball#3 is satisfied, then on to Baseball#4 and the remainder, when all four other machines are satisfied, will fill Baseball#5. fie: This is a priority system, so at any point in time, the system can o override and start the priority over from any machine calling for balls again. The same process will occur for the Softball paths from the elevator. Note: A single manual control switch may be installed for the entire system or Baseball 5 Baseball Baseball 3 Baseball 1 Baseball 2 separate manual control switches may be used for baseball and softball :sf:;r., systems. All manual switches connected to relays must be in the off position ` during automatic operation. Machine- Master Pitching pmr 1197 4200 NE Birmingham Road,Kansas City.MO 64117°(816)452-0228•FA-Y,(816)452-7581 23 The Hopper Bottom Ball Level Control Installation Pivot Points Actuator Lever Flap Lift - 2t... Figure I Figure II Figure III Figure IV g g g Mounting the Corner Bracket Placing the Actuator Lever Positioning the Flap Mounting the Control Box Step 1 Step 2 Step 3 Step 4 Bolt the corner bracket in place as shown in figure I. Place the actuator lever in the corner of the Carefully position the triangular flap, with the smooth side up, With the actuator lever and flap in place, position the The bracket should sit in the left front corner of the ball hopper as shown in figure II. Both pivot points over the actuator lever. See figure III. The sides of the flap control box as show in figure III. The mounting bracket hopper (as viewed from the back of the machine). of the actuator lever should sit firmly in and should be within 1/8" of the sides of the hopper. The flap in assemblies attach to the expanded steel hopper as shown against the corners of the corner bracket. The the corner of the hopper should be allowed to curl up over the in figure IV. The slots in the control box and the bracket flap-lift of the actuator lever should lay flat on actuator level. Do not trim this flap off. Drill 5/16"diameter allow the box to be positioned precisely over the actuator the hopper bottom and rise up evenly when the bolt holes through the hopper bottom through the holes lever for the best operating condition. The box and the actuator lever is pressed toward the corner. It punched in the flap at the points illustrated in figure U. Bolt actuator lever must be positioned so that the vertical bar may be necessary to slightly bend the base of the flap in place with the two flat-head elevator bolts supplied. of the actuator lever moves within the main slot of the the actuator lever so that the flap-lift lays flat When the bolting is complete, the whole flap, especially the box without touching the sides of the main slot. on the hopper bottom. edge facing the center of the hopper, should lie wrinkle-free against the hopper bottom. Step 5 How It Works (Use"strain relief'in knockout ,w_ -''y- hole if conduit is not used.) _= 765-128 The spring on the spring post should be The actuator lever consists of a vertical bar and a '_-'"a" :��. — Mounting Clip Assembly attached to the actuator lever by means of the flap-lift. The flap-lift fits under the flexible corner ;; • �,� (z required) link or hole in the top of the lever. The spring flap and holds the corner flap slightly off the hopper 765-505 tension may be adjusted by moving the spring bottom by way of spring tension on the vertical bar. ��'• a — Switch Mount post in the main slot. Initially adjust the spring The actuator lever pivots on two pivot points in the 765-503 to move the tip of the lever about 114" with corner of the hopper. As the balls in the hopper move Spring and Post Assembly �. ' 765-506 only the weight of the flap on the actuator. To up the sloped hopper bottom the weight on the corner Ball Level Control Switch 765-504 ' !k+}•,"� (Install so that terminals cannot contact accomplish this, the actuator stop assembly flap presses the flap-lift down. As the flap-lift is Actuator Stop Assembly ,,,,,; ��; the side of the control box in any must be set so that the actuator lever can only pressed down, the vertical bar of the actuator lever is ;� possible position of switch mount.) move enough to activate and deactivate the drawn towards the limit switch. Once the vertical bar switch. The switch mount is purposely shipped has been drawn far enough to activate the switch, ball 765-502 Control Box l Contro in a retracted position to prevent damage in feed to the hopper will stop. Once the weight of the Actuator Lever Figure V C shipping or installation. Adjust the switch by balls has shifted off the corner flap, the vertical bar 765-508 moving the mount to a position where the draws back from contact with the limit switch and 765-509 Control Box Cover actuator lever is depressed enough to operate balls will feed to the hopper. The operator must Corner Bracket F g p pp P (not shown) the switch when the flap is held against the adjust the limit switch so that it is activated when the hopper bottom and the lever pulls away from desired ball level has been reached. To increase the the switch when the flap is released. ball level, increase the tension on the spring. To 765-500 765-501 operate with a lower ball level, decrease the tension Entire Hopper Bottom Ball — Hopper Bottom Comer Flap on the spring. Level Control Assembly (For model A-60 machines use 765-511.) (For model RB machines use 765-512.) 1197 4200 NF Bi minghatn Road•lZnsas City,M 117E f815]452.0228 FAX( 15)A52 7581 24 Separator Head, Diverter Gate & Flex Tube Adapter Installation Mounting the Ball Separator Head The Diverter Gate in the Single Path Distribution System Step Collector This system is used when the pitching machines are arranged in a single path on either �• Locate and drill the necessary holes in the front of Box side of the ball elevator. Balls are sent down a single duct and are then directed to the the elevator. Mount the front support bracket in individual machines by motor operated diverter gates. place on the front of the elevator as illustrated. 'r p' The basic element of the single path system is the diverter unit. When all the diverter Ste 2 ,^ t gates are opened,the balls go to the last machine in the path. Mount the collector box with the catch plate to the A back of the elevator as illustrated. The diverter unit mounts in the support frame as illustrated in figure I. The ring t I 'I t; �, ~� { clamps,which area welded part of the support frame,clamp the unit together and Fla Step 3 reinforce the ball ducts. This maintains a continuous straight ball path entering and Hanger `� Drop ` Mount the rail system by first bolting the four-hole I 1 i leaving the diverter area. Flap flange on the front of the support bracket. Do not ` completely tighten the four bolts. Next,attach the me Rail System I i I t The diverter insert plate may be assembled as either a right-handed or left-handed unit. 1� rails to the collector box and completely tighten t f I To reverse the unit remove the diverter gate and the motor from the insert plate and both bolts. Now,finish tightening the four-hole T + , r reassemble with the motor and the diverter gate at the opposite end of the insert plate. flange bolts. Finally,install the two bolts on the rail The entire unit may then be assembled on the duct arranged for the opposite direction. guard plate. +� , I r ' ' The adjustment of the diverter unit is proper when balls entering the diverter area Step 4 � ; ; , . continue on to the outgoing duct when the gate is up(motor not energized)and all of Wire in the diverter gate system, For those system 11.01J ,; the balls are diverted into the hopper when the gate is down(motor energized). using diverter gates in the rail system,the dual box .. e . ; and motor actuator assembly will already be i� -:' The diverter gate and motor adjustment is proper when the motor is energized and the rr' attached to the rail system along with the proper gate,when raised up by the motor,drops down freely into the ball path. When the Pie Support Frame gates. See"24 volt Diverter Control System for �� ,��� ! motor is de-energized the gate moves up out of the ball path. The nkage between the p pp Right-Left Ball Separator Head"page for the wiring f�F, r motor and the diverter gate may be adjusted by a combination of moving the of the head separator diverter gates. Note: The I r I� 'e' counterweight,which is clamped to the diverter gate by two screws,and by changing gates themselves may need to be adjusted as to the r I the length of the string between the motor and the diverter gate. The string length string length or amount of counterweight 1+ I#I"` should have one and a half turns"revolutions"of slack. A tight string will cause the 11 It L, diverter mechanism to stall out. Too much slack will cause excessive string wear. Single r r 1+ 6� 3« 9� Box Lid 1+ r It may be necessary to rotate the duct,the frame, and the insert plate to get optimum Flex Tube Adapter II 18" ❑ ration from the ball diverter unit, Note: The"bridge"between the slots in the (Clamp to Ball Port of I' I1 g ` the R/L Separator Rails �1 I 11� r �� PVC tubing is wider on top than on the bottom of the pipe. 24 volt �!~ II 'I Topoflast y� a ' Capacitor Se�ina8�vrc /+ 1+ IIewtmHead 1 ' •. r Assembled and Mounted Diverter Gate Unit rr to I I "i Actuator Actuator r•�. I `; ` �� �, Motor Assembly r Single Tube Support I. Box Base Front Support PVC Pipe PVC Pi Insert PPo These Two Holes (Incoming Ball Duct) Pipe Flex Tube Bracket Need To Be Drilled Plate • (Outgoing Ball Duct) r .4r' 0, Gate Use of the Flex Tube Adapter ° counterweight Clamp the Flex Tube Adapter to the appropriate ball delivery port 1P. Diverter coning from the separator rails. Carefully trim the end of the flex + _ - �.• Gate tube so that the balls flow smoothly into the tube. Attach the flex tube =T` ' `'" to the tube support by taping the flex tube along the entire length of f Figure I the tube support,leaving at least a 1"to 2"air gap between the flex L w- tube and the adapter clamp. Once the flex tube is firmly attached to the support,bend the tubing to the shape necessary for installation. stelx�°" `<<<ui Machinez 0200 �2t)s7 N nmingl7am Road•[Caiisas Cily,Mil G411'I�(81fi}4Sz-g228• ABC 816}452-75$1 25 24 Volt Diverter Control System for In-Line Diverters Installation: ..�_ Attach the in-line diverter system to the rigid P.V.C. pipe over the pre-cut slots, see "The Diverter Gate in the Single Single ':i`•., Path Distribution System" installation instructions. Once Box Lid , the in-line diverter system is in place, connect the wires of • �' the motor actuator to the capacitor in side the actuator motor - box of the diverter system and then connect the 24 volt 24 volt - ` ` supply wire to the#6 terminal of the plug-in relay socket inside the elevator control box which you designated to Capacitor control that diverter and attach the return (common) on the s 24 volt terminal strip inside the elevator control box. Motor Actuator Assembly a Actuator Motor Supply Incoming Diverter In-line Diverter System Power supply Capacitor M Motor ■ Return � l Note: The Single Path Distribution System works on a priority system. The ~: machine first in line on the delivery tube has first,priority over all other machines -• w on the same line therefore,the system feeds from the elevator out to the end of the line in series fashion_ When it becomes necessary to feed balls of the same ; � • type in two directions, the right-left separator head gate is used. The feed path requiring the activation of the right-left separator head gate has first priority also, Single �. •�■ - -- every machine on that path must activate the separator head gate. This requires Box Basethe last machine on this path to have a hopper level control unit wired up even though it does not have an over head in-line diverter. This last machine will be the controller for the separator gate. All other machines on the same path must be jumpered in the control box to actuate the separator gate. This is done by placing a jumper wire from the#4 terminal of the plug-in relay socket of each machine requiring the use of the separator head gate to the#6 terminal of the plug-in relay socket designated for controlling the separator head gate. Once this path has been satisfied, the priority then goes on to the last path and feeds, starting from the inside machine, out to the end of the line. Note: At any time, the priority can start over. Nlaster Pitchinga �i dll 1197 :-;yh. S'- F'-::' :.':: —k\ :i.r "L: is.\-:3- 3;` 1- ::•ti:'•:£ 420t1 NF.Birmingham Road•Kansas City,MO 64117•(816)452-0228-FAX(816)452.7581 26 24 Volt Diverter Control System for Right-Left Ball Separator Head � The 24 volt diverter system designed for the right-left ball separator head unit is used Installation: to determine the direction or path the balls will feed for the distribution system. First,connect the motor wires to the appropriate motor actuators of the diverter system. To do this,connect the black wire to#6 terminal of the plug-in relay in the elevator control box that has been designated for the actuation of the gate for the proper feed direction of the baseballs. 0 Connect the white wire to the#6 terminal of the plug-in relay designated for the softball feed path. Connect the green wire to a common on the 24 volt terminal strip inside the elevator control box. Baseball _- 1 Separator Box Capacitor M Diverter 0 Q Q Motor O Incoming Baseball Power supply (Biack) 24 volt Common (Green) Q Incoming Softball (white) Dual Box &Motor Power supply Actuator Assembly Right-Left Ball Separator Head Unit Softball Capacitor M Diverter Rail System Motor D Front Support Bracket ti Note: The Single Path Distribution System works on a priority system. The machine first in line on the delivery tube has first priority over all other machines on the same line therefore,the system feeds from the elevator out to the end of the line in series fashion. When it becomes necessary to feed balls of the same type in two directions, the right-left ball separator head gate is used. The feed path requiring the activation of the right-left ball separator head gate has first priority also,every machine on that path must activate the separator head gate. This requires the last machine on this path to have a hopper level control unit wired up even though it does not have an over head in-line diverter. This last machine will be the controller for the separator head gate. All other machines on the same path must be jumpered in the control box to actuate the separator head gate. This is done by placing a jumper wire from the#4 terminal of the plug-in relay socket of each machine requiring the use of the separator head gate to the#6 terminal of the plug- in relay socket designated for controlling the separator head gate. Once this path has been satisfied, the priority then goes on to the Nlaster Pitching QW6 last path and feeds,starting from the inside machine, out to the end of the line. N. ate; At any time, the priority can start over. 1197 42 IYE$imungf�am Road:. .as U)" C]fi41I T•($16)4S ?$•SAX{81 ]452- 5$1 27 Typical Sin le Path Distribution System Packing Slip 5" P.V.C. Pipe Bundles for Ball Distribution System Details of Individual Stations (Hardware for 5" Plastic Pipe) 1 Quantity- 1 15'_0„ I ZO'Length II L-III 20'Length 1{s- -H 1 III e= n IV � n - BaU�=o4 �Zp�ec a V 12 tin ¢ 11 VTop 15' Length (no slots) 12 O viz �� ga11 Drill 5/16" hole ����i =a°keC 1 VI in top of machine $ 20'Length (no slots) b�C? C1i4 R-I 20 ft VII ' j! 4"Plastic Flex Tube R-II e= Right/Left Ball B=a°key D'S��s $xa°lcer Separator Head Unit Pipe VI R-III e=te= •� 1 �'� is ' • � Flex Tubing R-I _I EW Elevator with a two foot extension Flex Tabe Adapter - -- ( 1 relays in control box) R-II (Clamp to ball delivery tube, 2 _ Flex Tube Adapters one inch air a "port", of elevator p betwee tweeleavingpo ,� j 4 1 Right/Left Ball Separator Head Unit n rt (with no gates or motor actuators) Pi e III 2 - Machine System ring and flex tube.) _ �_ Each; type R-II, &R-I Bracket Packages p R-I Tube Support I!— Additional R-I Bracket Package 1 "H11 Frame for Elevator mounting Flex'hibe Use of Flex Tube Adapter Trim end of flex tube carefully (with a sharp knife) so that balls will flow smoothly into flex tube. Tape tube to curved tube support EW Elevator ���'° along entire length of tube support to attach tube firmly to adapter. "' Then bend tubing to necessary shape for installation. _;-:--:-:- W 4200 N a Binningh m Road•Kansas City,MO 64117•(8'16)452-0228•FAX(816)452-7581 Typical 28 Path DistributionPacking Slip 5" P.V.C. Pipe Bundles Dfor Ball Distribution System Details of Individual Stations (Hardware for 5" Plastic Pipe) 2-0 Quantity 15'-0" 1 I , 20'Length 11'-7" II L-III 20'Length 1{�-. '-6" -� L-I $xaGAt L-II S1° 1'-6„ ,St�'a IV Cb Lop lets 1 Y�t �} , {ono 'lA �o6) \ �T 12 i� {fir ���� •ty4e op 121� 15' Length bf 121j2' BaU� (no slots) Drill 5/16" ]tole ��'� t `- VI � in top of machine $I've OW 20'Length (no slots) 10 ft VII �' }.! 4"Plastic Flex Tube R-I R-II ye�et Right/Left Ball $Lacket � Btac, Separator Head Unit Pipe I R-III Left Diverter l �'"ex�t • . � 1 ap _ Flex Tubing- R-I 1 t _ EW Elevator with a two foot extension Tube�be Adapter — _ ( 1 relays in control box) R-II (Clamp to ball delivery tube, 1 Flex Tube Adapters "port", of elevator leaving a 1 Right/Left Ball Separator Head Unit one inch air gap between port r (with no gates or motor actuators) ring and flex tube.) - 1� 1 Left Diverter with Drop Flap 2 - Machine System TVbe Support 1 Each; type R-II, & R-I Bracket Packages I "H"Frame for Elevator mounting Flex Tube Use of Flex Vibe Adapter Trim end of flex tube carefully (with a sharp knife) so that balls will flow smoothly into flex tube. Tape tube to curved tube support EW Elevator along entire length of tube support to attach tube firmly to adapter. K Then bend tubing to necessary shape for installation. UiX NE Birmingham Road•Kmsas CAA,MO 64117•(816)452-0228•FAX(816)452-7581 r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: John Taylor Ext. Click or tap here to enter text. Department: Parks&Trails Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 10/16/2022 Agenda Date: 10/25/2022 Internal Review: ® Finance ❑ Human Resources ❑ Legal ❑ Information Technology ® Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• New Pitching Machine Complex at Sandhill MCRA Background/Executive Summary: Sandhill Sports Complex is located in Belfair,Washington, and is the only baseball fields in the north-end of Mason County. The Belfair Little League constructed a batting cage at their own expense. During last winter's snow storm,the weight of the snow collapsed the cages. Because of the number of teams and players that utilize this facility,replacing the damaged batting cages with s similar complex located at Shelton MCRA would be safer, cost effective, and much more conducive for the needs of the developing players in the Belfair community. The projected complex is a fully covered structure,with modern automatic pitching machines, one hardball and one softball, coin operated. Once the Commission determines this project viable, a formal quote will be aquired. Budget Impact(amount, funding source,budget amendment): 60' x 64' Metal Pole Building 3810 Sq. Ft. @$30 sqft. $58,000 Dirt Work $ 5,000 Concrete $ 4,000 Slab $7 per ft Labor $13,335 Power(PUD) $ 2,500 Electrical Install $ 6,000 Netting $ 5,000 Chain Link Fencing $ 4,000 Pitching Machines(New) $14,150 Token Machine $ 3,000 TOTAL $113,235 r f Mason County Agenda Request Form r- lh'�d Public Outreach(news release, community meeting, etc.): The team managers and coaches have commented on the need for their facility to be as modern, safe and providing the same player experience as Shelton MCRA. The installation of this Pitching Complex would accomplish their needs to advance baseball and softball in the Belfair area. Requested Action: Request the Commission review this request on October 16,2022, approve the project and allocated the necessary funding on October 25,2022. Attachments: Estimated informal quote r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Reappointment of Jeanne Robinson to the Parks Advisory Board Background/Executive Summary: Jeanne Robinson would like to be reappointed to the Parks Advisory Board for a second term expiring on December 31,2026. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval to reappoint Jeanne Robinson to the Parks Advisory Board for a second term expiring on December 31,2026. Attachments• Application MASON COUNTY COMMISSIONERS E G E � VE l 411 NORTH FIFTH STREET GFeC :� 5 2G2 �; SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419; 275-4467 Mason County y! - Commissioners txsa I AM SEEKING APPOINTMENT TO Mason County Parks and Trails Advisory Board NnME: Jeanne Robinson DDRESS: PHONE: CITYMIP: (OR AREA IN THE COUNTY YOULIVE) E-MAIL: ------------------------- -------------------- ----------....-..... - COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: WSDOT YRS HCSEG Board Director POSITION: Fac Servs , Cord. Parks & Trails Advise . Brd. COMPANY: YRS POSITION: ------------ ----------------------- ........ ............ ...... --------- ... In your words, what do you perceive is the role or purpose of the Board, Committee or Council for' which you are applying: . Advise Prioritization of County Parks Comp plan , Represent community concerns Communicate Park goal panning What interests, skills do you wish to offer the Board, Committee, or Council? Experience in trail construction , park maintenance , natural resource planning, invasive species knowledge, Bachelor of Science degree, communication skills . Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (Le. create a potential conflict of interest) Bachelor of Science , Board experience , Legislative relations experience Your participation is dependent upon completing certain virtual trainings made available by the County (such as Open Public Meetings Act and Public Records). The trainings would be at no cost to you. Would you be able to complete such trainings? Realistically, how much time can you give to this position? Quarterly Monthly Weekly Day Office Use Only ,�rnee i`1lOAlINtlI[ 12/ 15/22 Appowtmerifbate Signature Dad Ce;mExg�se Date a s ' r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal © Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Critical Infrastructure Camera Program Background/Executive Summary: The Mason County Critical Infrastructure Camera Program is a correction action recommended in an After-Action-Review from the State of Emergency(WA22-4740/MC2022-1129-01) Severe Weather, Snow, and Wind Activation. Noted in the previous activation,becoming a Presidential Disaster Declaration on March 15th,2022 (Disaster#4650-DR-WA/D22-283)for Severe Weather, Snow;the County and its responding partners could not access reliable information and data to determine the accumulation of snow and the rate of snowfall. In conjunction with Public Works, Information Technology, and Public Utility District No. 3, Emergency Management is coordinating the installation of cameras around Mason County that allow Mason County responders to access live feeds for real-time information on the current conditions. Currently,the project team continues coordinating the placement of cameras, access,and creating an interactive map of each camera location and access to view current conditions. The program will consist of different equipment and platforms, allowing the implementation of the necessary assets within current budgeted costs. The project workgroup intends to brief the Commission as implementation progresses. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release, community meeting, etc.): N/A Requested Action: None; informational only. r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Public Works Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance N Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Class/Comp Study Background/Executive Summary: The Board approved a classification and compensation study of the County's Non-Represented employees in 2022. Best practice methodology is being applied and this is the first briefing/status report of the project to the Board. The presentation will include plan objectives,project overview,market assessment, and next steps. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release, community meeting, etc.): N/A Requested Action: N/A Attachments: Class/Comp Study Presentation Non-Represented Employees • Internally equitable • Easily understood • Externally comparable • Flexible to meet changing needs of the organization • Financially sound • Effectively and efficiently administered Project Overview Define Goals & Objectives - Job Analysis Salary Structure — Job Evaluation — Market System Implementation Assessment Identified key characteristics such as Analyzed 62 position supervisory descriptions responsibilities, education, experience, technical skills, etc. • Determine consolidation and job family needs • Develop titling protocols to provide consistency • Recommendation of job titles • Update/develop job descriptions as needed Statutory Comparable Counties Cowlitz Island Lewis Clallam Grays Jefferson Skagit Harbor C • Sufficient number to statistically represent all jobs • Reflects workforce composition • Represents occupational groups and job series • 70% essential function match • At least 4 comparables Mason County Market Position Overview Market Status 5% or more below 45% 49% 55% 5% or more over 25% 19% 17% At Market 30% 32% 28% Iterative process Preparation of first proposal (target Refresh data January 30) Potential updated salary structure Addressing highest under market positions Job title recommendations r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: Click or tap here to enter text. Internal Review: ® Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: 2023 Budget Supplemental Appropriations and Amendments Calendar Background/Executive Summary: Generally it's about a six week process for each approval of supplemental appropriations and amendments to the budget following the requirements of RCW 36.40.100 which states ..."upon a resolution formally adopted by the board...the board shall publish notice of the time and date of the meeting at which the supplemental appropriations resolution will be adopted...for two consecutive weeks prior to the meeting in the official newspaper of the county". For the last two years there were two scheduled budget hearings to modify the County's budget: one in June and one in December. This worked out well for the County and the Budget Office is recommending the County plan for two budget hearings for the 2023 budget. Attached is the proposed hearing schedule. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release, community meeting, etc.): N/A Requested Action: Request the Board review the 2023 budget hearing schedule. Attachments: 2023 Budget Supplemental Appropriations and Amendments Calendar Mason County 2023 Budget Supplemental Appropriations and Amendments Calendar *Dates may be subject to change* January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 161 171 181 191 201 2111 1 221 231 24 25 261 7 18 19 20 21 22 23 24 231 241 251 261 27 28 29 28 291 301 31 25 26 27 28 29 30 30 July August September S M T W1 T1 F S S M T W T F S S1 M I T W1 T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 161 171 18 19 20 21 22 20 211 221 231 241 251 17 18 191 20 21 22 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 :13 301 31 October November December S M T W T F S S M T W T F S S1 M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 221 231 241 251 261 271 19 201 211 22 23 241 5 17 18 19 20 21 22 23 291 301 311 1 26 27 28 29 30 241 251 261 27 28 29 30 31 Holiday Supplemental & Transfer Requests Due to the Budget Office from Departments for Inclusion in the Next Scheduled Public Hearin Budget Office Briefs BOCC & Prepares Resolution to Set Public Hearin BOCC Adopts Resolution to Set Public Hearin Deadline to Send Public Hearing Notice to MC Journal for 2 Week Publication Requirement Public Hearing at 9:15 a.m. to Consider Budget Supplementals & Transfers to the 2022 Budget r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: M Action Agenda: M Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: Click or tap here to enter text. Internal Review: M Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Treatment Sales Tax(TST) Transfers from 2022 Background/Executive Summary: Mason County Resolution#2021-042 states that the next year's budgeted Treatment Sales Tax revenue will determine the money to allocate to the TST program the following year and that 65%of the TST revenue may be allocated to services to assist in the operation of the Therapeutic Courts as well as other Mason County departmental operated Behavioral Health programs. For 2022, some departments did not complete all billings. Here is the budget to actual: Clerk: Budget$26,805;Actual $6,701 Juvenile Probation: Budget$54,126;Actual$39,227 Prosecutor: Budget$65,933;Actual$25,673 Public Defense: Budget$84,500;Actual $0 Therapeutic Court: Budget$318,846;Actual$105,163 Sheriff Jail: Budget$130,836; Actual$130,836 The unexpended TST budget authority has accumulated into a large fund balance over the years. Therefore,I am proposing the following in regard to TST funds: 1. We add budget amendments for some of the unbilled portions of 2022 into the 2023 budget. 2. To make the billing easier for departments, I",2nd, and 3rd quarters are billed in the current year and the 4'quarter billing is done in the next calendar year. 3. We increase the budget for the Sheriff Jail, as there is capacity within the TST revenue and there are eligible expenditures that would have put them over-budget Budget Impact(amount, funding source,budget amendment): N/A Mason County Agenda Request Form Rol Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to add budget amendments for Treatment Sales Tax(TST)transfers from 2022 into the 2023 budget. Attachments: Washington State Committee on Geographic Names Proposal Summary Nathaniel Sargent Lake Mason County- New Name Township: 22N Range: 3W Section: 10,11,15 USGS Quad: Lilliwaup Location Description: Lake; 10.5 acres, located 2.5 miles NE of the town of Tahuya at 47° 24' 17.539" N, 123° 2' 6.887" W. Proposal Summary: Nathaniel Sargent Lake; lake; 10.5 acres, located 2.5 miles NE of the town of Tahuya at 47° 24' 17.539" N, 123' 2' 6.887" W.; Name commemorates Nathaniel Sargent (d. 1954) who was born into slavery. Nathaniel Sargent settled in Seabeck and was elected a justice of the peace in the late 19th century after homesteading there.; Mason County, Washington; Section 15, T22N, R3W, Willamette Meridian; 47' 24' 17.539" N, 123° 2' 6.887" W.; USGS Map - Lilliwaup 1:24,000. The proposed name commemorates Nathaniel Sargent (d. 1954) who was born into slavery. Nathaniel Sargent settled in Seabeck around the same time Rodney White came to Tahuya. Sargent was elected a justice of the peace in the late 19th century after homesteading there. Proponent: Alicia Charles & "Akuyea" Karen Vargas Living Arts Cultural Heritage Project 14095 Central Valley Rd NW Poulsbo, WA 98370 Proposal Received: 9/7/2022 Initial Consideration: 10/25/2022 Final Consideration: WA Committee Decision: WA Board Decision: US Board Decision: Opinions: WASHINGTON STATE WASH[NGTON STATE DEPARTMENT OF Geographic Name Application Natural Resources Proposed Name: Nathaniel Sargent Lake New Name County: Mason Controversial Name Township: Range: Section(s): Name Change Lat. N, Long. W (Begin) Location Clarification Lat. N, Long. W (End) Spelling Clarification Description Type of feature (lake,stream, etc.): Lake Description of feature (location, length, depth, height, size and/or area covered): NA If a stream, number of months it flows on a yearly basis: NJA Is this feature identified by other names or spellings? Please list variant names: Grass Lake Has it ever been signed, posted, or publicized? If so, when? Yes History Please provide a brief history of the feature and its immediate surroundings, this might include information on the following: 1 Native American;2 First settlers;3 Historical background pertinent to feature;4 History on how the land is/was used;5 Natural disasters(floods, fires, etc.) 6 Any significant cultural events. If appropriate,geology, flora and fauna. Cite sources. Use additional pages if needed. Origin of name: See attached article If a commerative name,provide a brief summary of the ENTIRE fife ofthe person including how and the length of time he/she was associated with the proposed feature: See attached article Justification of Proposed Name What is the usage of feature? N/A Please state why the proposed name will best serve the public interest: Corrective/Restorative history to honor a black pioneer who didn't receive the recognition he deserved during his lifetime. How long has the proposed name been in use? By whom? N/A Please list all sources of information used for your research: (maps, books, articles, periodicals, etc. for background history relating to proposed name) https://www-kitsa psun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/75 1 334 200 1/ What type of support is there for the proposed name? List all groups and persons who are familiar with the proposed feature and its usage. Please provide names, addresses, telephone numbers, email addresses and his/her association with knowledge of the geographic feature: KATY CRABTREE SHEIHER Deputy District Director Office of Representative Derek Kilmer (WA-6) O: 360-373-9725 1 C: 360-838-3156 345 6th St., Suite 500, Bremerton, WA 98337 Katy.Crabtreemail.house.gov Application submitted by: Name: Living Arts Cultural Heritage Project"Akuyea" Karen Vargas and Alicia Charles ddress: 14095 Central Valley Rd NW City: Poulsbo State.-WA Zip:98370-8 1 8 1 Phone#:360-616-7040 or 206-488-8225 Email:alicia_charles78@yahoo.com Date of Application: 9/26/2022 I am aware that all information submitted is considered to be public information. Printed Name: Alicia Charles ignature: Date: 09/26/2022 Please mail completed form along with copies of any additional materials to: WA State Board on Geographic Names PO Box 47030 Olympia, WA 98504-7030 (Phone:360-902-1280-Fax:360-902-1778-Email.bogn@dnrwa.gov) 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In A Tahuya slough, once named for the N -word, was farmed by Black pioneer born into slavery Josh Farley. Kitsap Sun Published 6:00 AM PDT Aug.4,2022 1 Updated 11:34 AM PDT Aug.5,2022 Editor's note: This story deals with past racism and contains a quote that includes a racist term. The term is obscured in the sentence but retained within a quote to directly acknowledge the historical context surrounding the location and the speaker's intentional use of the term to illustrate a piece of Kitsap's past and why the word is avoided today. AHUYA— Wind gusts whipped up saltwater whitecaps as night fell over the great bend of the Hood Canal on Sept. 2, 189o. The steamer Delta, capping a long arch of https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 1/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In "... Between nine and ten o'clock, the boat upset because the sea was quite rough," a small article in the weekly Mason County Journal on Sept. 5 stated flatly. "... And two of the party ... were drowned." It appears only one of the survivors, Rodney White, found land to tend to in Tahuya. Born into slavery in Missouri, White went on to develop his own ranch and farm in Mason County while cutting roads through the peninsula that remain in use today. But sometime following his death, the area where he pulled his team of oxen and raised an orchard was branded a racist title by others in the area. Part of the land is characterized as a "slough," defined by the National Oceanic and Atmospheric Administration as a "swamp or shallow lake system, usually a backwater to a larger body of water." "They started calling it n----- slough," said Akuyea Vargas, cultural custodian of Bremerton's Living Arts Cultural Heritage Center. HOOD'S CANAL SCpt . 2. 18M A very &A accident ocLurre l ne*r t� ��r� t,'�rmins �:�t ��tttr� l bti• nl �l� t. �- � %vliisli two loan were drownelil . A thc• mate of the stisatner Delta was landing a party or six � r4ored men, w h a 1arid come t'ro►m Sovntt le to take land . Lori weten nine :CIA tro 4)'cllock . the boat Upect Nor :vltw b14miug wronr A the thup. and I wn of tl � �• �c•�� r+vN� [� �iit►- r� �tit; ��, as ��� �1� l :sa w �� the poirly . Llt.cf )ln 1 /me and C . L. Pearl were drownt-A . A coirotierli Jury proi t1n111x(1114l it deith ffi)nk accielental drowu . https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 2/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In -- .. _ *.,ILA • � NJt R � J TWARA A PU . ;cum evach C R �r A SAYCAM �4 A short story in The Mason County Journal described the drownings of two men after a skiff capsized in Hood Canal on Sept. 2, 1890. It's likely Rodney White, a Black pioneer in the area, was on board and survived. I A 1947 Metsker Map shows a slough west of Maggie Lake named for a racial slur. The name of the slough was printed on maps throughout the loth century. And though the name has officially been changed, at least some longtime residents remember its use. It's unknown how often it goes spoken today. Some believe White's life and legacy in Tahuya are what propelled others to use the phrase. But Vargas says the man, for his part in the history of the larger Kitsap Peninsula on which Tahuya is located, deserves better. "These pioneers, like Rodney White — we're standing on the foundation they built, yet they've been erased," Vargas said. "We have to investigate, we have to unearth what has happened. Only then can we honor them." https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 3/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In � V SILVERDALE '113ROGE ISLAND IAINBRIDC7�]Sl ,r =I SERLAN DSi KITSAP 0� +1 Mason County PARKwaaD Q Kitsap Y Count l IV in VA 11G{'DsPOGrass Lake 4 T,ahuya ALLJYN i 1J n—io n ©OpenStreetMap contribul Map of the Kitsap Peninsula DATAWRAPPER White's legacy Advertisement https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 4/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In homestead out of the untamed wilderness from the time after the boat accident to his death in 1913. With a "voice like a foghorn," he'd command his livestock, especially his two leading donkeys: "Get on, Baltimore, get on Babe," he would say to them. After White's death, the animals were transported to the Woodland Park Zoo in Seattle to live out their days. That's according to Frances Huson, whose family helped establish the Tahuya community. As a young girl, she remembered White and later told tales of his pioneering spirit to the Mason County Journal. Interviewed in 1978, she told the paper of a more "cosmopolitan" time in Tahuya. "We had blacks, Indians, Filipinos, Scots and Scandanavians all living together," she was quoted in the paper as saying. "... A person was either good and fair with you, or they weren't. Color didn't have a thing to do with it, one way or another." White came to Tahuya seeking acreage under the federal Homestead Act, passed during the Civil War with the aim of distributing western lands. His "four forties," the nickname for the total of 16o acres, were divided between the area west of Maggie Lake and the Tahuya River valley. 66 These pioneers, like Rodney White — we're standing on the foundation they built, yet they've been erased. We have to investigate, we have to unearth what has happened. Only then can we honor them. Akuyea Vargas, cultural custodian of Bremerton's Living Arts Cultural Heritage Center COPY TEXT TWEET FACEBOOK LINKEDIN SHARE https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 5/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In ultimately published by her descendants in the 1992 book "Tales from a Tahuya Log." White built a barn, cabin, root cellar and chicken coop out of logs and farmed an orchard of fruits that included apples, prunes, pears and peaches, Knowlton wrote. She called him "one of the hardest working men we've ever known." "A pair of kindly brown eyes softened a countenance that otherwise bordered on ferocious, and his face was practically hidden by a stubble of black beard," she wrote. "Rodney's strength seemed almost superhuman, and the work he accomplished with his powerful hands would have been beyond belief if not witnessed." There were great challenges to farming in the 19th and early loth centuries on the timber- covered Tahuya River valley, according to Don Cady, a longtime resident of Mason County. Logged or not, the stumps made it next to impossible to plant fields. So Cady said sometimes farmers, like White, would empty ponds and small lakes with the aim of farming their basins. "They'd dig a ditch, and drain them," he told the Kitsap Sun in May. Cady believed that was how White shaped the land in the area that became known as the slur- named slough. White's death https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 6/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In 7 �1. PLAeA aN OQATM WASHiHGIQN SThT[BUA Q OF QEA[TH 1J7810 .. nurt>ynU nc ormnrT gPA'rrsTiCs a rArrprrawn r� o�rtmrxlctim�nra�nTn C' Ia.yllllmm-wn.Tm�� rw.39.�_tiux,Gh,7lith _sl.:��...w..m �_ r •' p (I V Al. Ng@rOgNQlr Pfw if dIna arypr la. '.:rt• O: ❑ �'�. rpeH eRlh.elernnAer-�vrnr Fall Nams. RndLle White �+ Y eAe rwrlrn,lf.°.Ic. 'rt.��, � �� Tkrerw��emA•q u.��u�e�Ire,p,e l,�rerr � i� level anHAL ANw 6TAT19Ti-A4 RAf1TIpOLRRB if, OA*TIPIOATl OF-OATH A ,[GOLOIL oR RAC6 [ m[R '¢OATS OF OCRTM Ar�lOelf,eiln A r, MaleYe I r3lack a1rPn-�Lu Siligle Ault 27th - 191 g M:�•,rP� .�r: rTt P rlyni.Ide:�rd+ SwmWl p><u3 r fYe4r1 � a . R � -Wore ar biniH tr I H8RWV CEWMPT.'Nd 1.Henfrd algal,H ir¢m JulY-1Lth.....Id.... r........August-".27.t1b.Z., I__ ! • •• nnnn 78I . a T AOE r If LESS 1hrn !O a!1 lyl raa h,y71L¢I[ve.A..:...........ADD uz,N„i2.[..,Ibl aa., '_.S) [1 4 nb' •ad Ih¢r drAe4 occurred,on lkr due p f� the CA11S8 OV D13ATH4.aa i.,1P11pw., i��••• p�ap mo.. _ • :Iw.h Y R B Dc FATI'ON ...L1Qb OX Pn01Lfh0-niA6........................................... Z ,q [a1 dq o [napry L. p�6itl ktM N XQIl•♦1;a♦:.............w.... «_.-..... ............... �I....... "":m. :� a rj,$• a E NAjrn.aAlaprd¢IxIIJmp Ili... ................ m » z E C sower ryJ ...................."........Sava9M1........yn.......,.. 7Y• 1 O e n I IIP DNA XI:OF l ]...................................................... ........._ }............. .-........" Qi-. F $ FATX ER .-..............T.�.....,.R.....[Pry.+alAa].........yy,•........ny,.........dl. �•1 "PIFRTHPLACB rSl�xedle�......ryA�C.p...h....-Se.�,r. w`�. �....... ........,M.A. .""... ". PAITICR Aug.. I¢I.. IJddl.nl..9,.....'.....A f'. .............. ^R w «e x mra aprro-a<r,7 lti a XStSIi� MA I' HAM" 'SI.ta lhv Rq[yT.C&m-gO ORAr-.p r-omMe rnWl YrorylgOdnex� �.""........1. a ,.y Hola..SIl M.laa ur nwnnr..ea!xl.`oeeaer Aaoln.r.aq 3nacuur,er sJ [ OP MOTM CA' Jackenn d11RTXFLACB LEX-TR OF RESIOENCB[ HekprTR�a. I..rrrel+ Jf1 � n m $�� re• Werra.rww n N F f opit MPTHER r c'm ek Wa�[hw'ge[toanra] H' - ....... g (BI.K ar ceimlry] Al rw In en yrr[,a�� 9 r rHE 11 YE15 T-l1E TO THE PEVTOF MR kNWN4LO0i 5Wy�,� d' �eW4. ....................."...............,'•HI,I�......dr. T o r Iliielj opl/wefdll v N,frrr�d........................-.....-:...-......................... , .Rj.,e g N rAedi.n]. ". Jl x !,1!'N........ .... .�� M PLAOE OF QUW41.MIT MKMWAl owrleor eurrrAl ••••• "-........ Pl_aggin [a.3 Home Lind C o 0 = _ The death certificate of Rodney White, a single Black farmer, shows he died on Aug. 27, 1913, of lobar pneumonia, at 52. White was buried at Mt. Pleasant Cemetery in Seattle. WASHINGTON SECRETARY OF STATE Advertisement https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 7/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history - Kitsap Sun Subscribe Sign In "These spells of inebriation were annual occasions and lasted all the way from one to three weeks — as long as the cash held out," she wrote. It was one such session that led to an illness that caused his death, Knowlton wrote. He died on Aug. 2'7, 1913, of lobar pneumonia, according to Washington State Department of Health records. He is buried at Mount Pleasant Cemetery in the Queen Anne Hill neighborhood. Knowlton shared one more story of White in her log, this one in the realm of the supernatural. She remembered a time, not long after his death, that trappers visited his property and found him there felling trees and at a writing desk in his cabin. It so troubled the men that Knowlton wrote they fled Tahuya believing they'd seen his ghost. Two years later, a family walked from Dewatto to Tahuya in search of the ghost, Knowlton wrote. While she said others did not find it, perhaps that tale traveled among the locals, embedding White's memory in the area further. A more sinister reason? https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 8/20 _ '. � •4'"� . ._ �. `.ma` s •,_: { - y _ Of ji -, �+... �.ti,•, - �,: .. �.° : - ire-�:� , l� . ., re; a Ilk ow �. art i J r k . �` 14 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history Kitsap Sun Subscribe Sign In SDU AJJLCK M E T E RY 4 J♦ � w (t ` w � §._ 0011!1- A justice of the Peace Akuyea Vargas and Lonell Williams look down at Nathaniel Sargent's grave in the Seabeck https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 10/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history - Kitsap Sun Subscribe Sign In When it comes to the naming of the slough, Lonnell Williams worries something more sinister could have occurred. Williams, a retired Bremerton fire captain, has been investigating the life of another Black pioneer in Kitsap, Nathaniel Sargent. Like White, Nathaniel Sargent was born into slavery. He settled in Seabeck around the same time White came to Tahuya. Sargent was elected a justice of the peace in the late 19th century after homesteading there. But there is some mystery to Sargent's life and death. He is said to have been buried in the salal-covered Seabeck Cemetery after he died in 195 yet for years no headstone stood over his grave. Only recently has one been added. Williams thinks that an area known by the name of a racial slur would've meant something more nefarious happened to Blacks there, that the slough "is where they'd be 'dealt' with," he said. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 11120 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In * 4 Oil ra x r 4 { Jay Allen looks down at the haying taking place in the field below his home as his dog Rosie sits in his lap on July 13. MEEGAN M. REID/KITSAP SUN Vargas, of the Living Arts Cultural Heritage Center, accompanied the Kitsap Sun in July to Tahuya. She has long been a leader in researching and bringing to light the area's Black history and made her own journey to West Africa in 2019 for the 400-year anniversary of enslaved Africans arriving in the Americas. Vargas visited the place Knowlton lived and farmed. It's still a working farm, managed today by longtime residents Jay and Susie Allen. Jay Allen, who also owns a tree farm, is certain the slur that came to be associated with the slough because that's where White lived, he told Vargas. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 12/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In that title, she's not ruling out the possibility something worse happened there. The name vanishes But there is no slur-named slough in Mason County anymore. In 1992, the U.S. Board on Geographic Names established a new name for the slough: Grass Lake. The entry in its database notes the area was known by the previous name of"Negro Slough." Missing is an explanation for the name change. Help support quality local journalism like this. $1 for 6 months. Subscribe! "There's no documentation (on the database), which is very odd," according to Caleb Maki, the executive secretary of the state Committee on Geographic Names. The Kitsap Sun requested but has not received a response from the U.S. Board on Geographic Names about the change. Maki noted that the board decades ago altered any reference to the N-word, changing it to "Negro," and that may explain why it was in the federal system as such. He noted that, should anyone feel compelled to change the name to honor White, they could do so by applying through the state Committee on Geographic Names. Both Allen and Vargas would like to see White's name brought back from history, to grace his farm or the area in some way — so he is remembered, and not the slur. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 13/20 Nathaniel Sargent Lake Lake; 10.5 acres, located 2.5 miles NE of the town of Tahuya at 47° 24' 17.539" N, 123° 2' 6.887" W. Nathaniel Sargent Lake The proposed name commemorates Nathaniel Sargent (d. 1954) who was born into slavery. Nathaniel Sargent settled in Seabeck around the same time Rodney White came to Tahuya. Sargent was elected a justice of the peace in the late 19th century after homesteading there. ... Lake Wildberry Lake Jiggs Lake Clallam 1' ;� I�S�a\n�J� a' Jefferson I�iti + -� 4 1`(y/I �r`-a 1✓ � (yam ;- rays Harbor �1 �� r Thurston �, • . -ram �.—_—I—_— �\_. Nathaniel Sargent Mason Co R Lake; 10.5 acres, located 2.5 miles NE of the town of Tahuya at 47' 24' i 1 '` - r. �L ` "f ` } ! '.•4 17.539" N, 1230 2' 6.887" W. Nathaniel Sargent Lake i 9 The proposed name commemorates fir- f _ L r' S, w F � y���, Nathaniel Sargent (d. 1954) who was born into slavery. Lake ;' - �' Nathaniel Sargent settled in Seabeck around the same time Rodney White woggie .�k��.. � . 1 > . ;, came to Tahuya. Sargent was rl r ,.a ;_ri a j �tN_:., � + • - elected a justice of the peace in the late 19th century after homesteading r -�- �• ._ r� f {� , � ,� , �-�_ � _J �� � -ems �r ��• � �� Y g -9 201, :i ztp 1 0 �.I there. VVL '.-•�'r,- �u ``�-�..��., �.r�J , J-� 'L r' � �+r/r✓ +..t ~•y 77''�a—� t'� f r �� — ��. �. �y� is��'"� ll�r ��.� .-�� f TS z a 41 C I a I I a m 1' I§Ea,n �.. �. ?t'-"-^k- - -`�+'� r :✓f l:. :i 1 'lam _�^-- �'�, // l '�'f' I I' _/ -i s h Jefferson -����� `�� �'��,•� � 1 l~ f—Y�� i� ,,��r ti--- � '_��'-•. •' ,.���wj:— _ yl �a�f�r'/' r''s"� K I t,$a�i�7<; �' s'K i n g .t1XI 'N �= S .I TaFuya $1�r ' :•:r;rays Harbor P i e r c e •'i .e r -� erg ' � � � y�� a� �1 '�� r � - •�• n� r �l °ck. Thurston Y • �� • • ---------— _r�r •' - y� -------------------- U Pacific Lerwii$ Washington State Committee on Geographic Names Proposal Summary Rodney White Slough Mason County- New Name Township: 22N Range: 3W Section: 15 USGS Quad: Lilliwaup Location Description: Swamp; 18 acres, located 2 miles N of the town of Tahuya at 47' 23' 53.098" N, 123° 3' 10.473" W. Proposal Summary: Rodney White Slough: swamp; 18 acres, located 2 miles N of the town of Tahuya at 47' 23' 53.098" N, 123' 3' 10.473" W.; Name commemorates Rodney White (d. 1913) who was born into slavery in Missouri. Rodney White came to Mason County in 1890 and had a farm and ranch, and cut some of the roads in the area that are still used to this day. Following his death, the area in which he had an orchard became known by the racist term of "N----- Slough", which appeared on a 1947 Metsker map of the area.; Mason County, Washington; Section 15, T22N, R3W, Willamette Meridian; 47' 23' 53.098" N, 123' 3' 10.473" W; USGS Map - Lilliwaup 1:24,000. The proposed name commemorates Rodney White (d. 1913) who was born into slavery in Missouri. Rodney White came to Mason County in 1890 and had a farm and ranch, and cut some of the roads in the area that are still used to this day. Rodney White was known as a hard worker by residents of the area, and is referenced in a book published in 1992, "Tales from a Tahuya Log". Following his death, the area in which he had an orchard became known by the racist term of "N----- Slough", which appeared on a 1947 Metsker map of the area. Proponent: Alicia Charles & "Akuyea" Karen Vargas Living Arts Cultural Heritage Project 14095 Central Valley Rd NW Poulsbo, WA 98370 Proposal Received: 9/7/2022 Initial Consideration: 10/25/2022 Final Consideration: WA Committee Decision: WA Board Decision: US Board Decision: Opinions: 1%do WASHINGTON STATE WASHINGTON STATE DEPARTMENT OF Geographic Name Application AN Natural Resources Proposed Name: Rodney White slough New Name County: Mason —Controversial Name X Township: Range: Section(s): —Name Change Lat. N, Long. W (Begin) —Location Clarification Lat. IN, Long. W (End) Spelling Clarification Description Slough Type of feature (lake, stream, etc.): Description of feature (location, length, depth, height, size and/or area covered): N.A If a stream, number of months it flows on a yearly basis: Is this feature identified by other names or spellings? Please list variant names: Grass Lake, Negro Slough, and Nigger Slough Has it ever been signed, posted, or publicized? If so, when? History Please provide a brief history of the feature and its immediate surroundings, this might include information on the following:1 Native American;2 First settlers;3 Historical background pertinent to feature;4 History on how the land is/was used;5 Natural disasters(floods, fires, etc.) 6 Any significant cultural events. If appropriate,geology, flora and fauna. Cite sources. Use additional pages if needed. Origin of name: See attached article If commerative name,provide brief summary of the ENTIRE life ofthe person including how and the length oftime he/she was associated with the proposed feature: SPP Affarh Pd PticIP Justification of Proposed Name What is the usage of feature? MIA Please state why the proposed name will best serve the public interest: Corrective history: reconciliation and healing of oppressive and harmful history that African Americans endured during that How long has the proposed name been in use? By whom? h)A Please list all sources of information used for your research: (maps, books, articles, periodicals, etc. for background history relatingto proposed name) See attached article What type of support is there for the proposed name? List all groups and persons who are familiar with the proposed feature and its usage. Please provide names, addresses, telephone numbers, email addresses and his/her association with knowledge of the geographic feature: Representative Derek Kilmer Application submitted by: Name: Living Arts Cultural Heritage Project, Alicia Charles and "Akuyea" Karen Vargas Address: 14095 Central Valley Rd NW City: Poulsbo State:VVA Zip: 98370 Phone#: 360-616-7040 Email: alicia charles78yahoo.com Date of Application: g17102 I am aware that all information submitted is considered to be public information. Printed Name: ignature: Date: 9/7/2022 Please mail completed form along with copies of any additional materials to: WA State Board on Geographic Names PO Box 47030 Olympia, WA 98504-7030 (Phone:360-902-1280-Fax:360-902-1778-Email:bogn@dnr.wa.gov) 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In A Tahuya slough, once named for the N -word, was farmed by Black pioneer born into slavery Josh Farley. Kitsap Sun Published 6:00 AM PDT Aug.4,2022 1 Updated 11:34 AM PDT Aug.5,2022 Editor's note: This story deals with past racism and contains a quote that includes a racist term. The term is obscured in the sentence but retained within a quote to directly acknowledge the historical context surrounding the location and the speaker's intentional use of the term to illustrate a piece of Kitsap's past and why the word is avoided today. AHUYA— Wind gusts whipped up saltwater whitecaps as night fell over the great bend of the Hood Canal on Sept. 2, 189o. The steamer Delta, capping a long arch of https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 1/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In "... Between nine and ten o'clock, the boat upset because the sea was quite rough," a small article in the weekly Mason County Journal on Sept. 5 stated flatly. "... And two of the party ... were drowned." It appears only one of the survivors, Rodney White, found land to tend to in Tahuya. Born into slavery in Missouri, White went on to develop his own ranch and farm in Mason County while cutting roads through the peninsula that remain in use today. But sometime following his death, the area where he pulled his team of oxen and raised an orchard was branded a racist title by others in the area. Part of the land is characterized as a "slough," defined by the National Oceanic and Atmospheric Administration as a "swamp or shallow lake system, usually a backwater to a larger body of water." "They started calling it n----- slough," said Akuyea Vargas, cultural custodian of Bremerton's Living Arts Cultural Heritage Center. HOOD'S CANAL SCpt . 2. 18M A very &A accident ocLurre l ne*r t� ��r� t,'�rmins �:�t ��tttr� l bti• nl �l� t. �- � %vliisli two loan were drownelil . A thc• mate of the stisatner Delta was landing a party or six � r4ored men, w h a 1arid come t'ro►m Sovntt le to take land . Lori weten nine :CIA tro 4)'cllock . the boat Upect Nor :vltw b14miug wronr A the thup. and I wn of tl � �• �c•�� r+vN� [� �iit►- r� �tit; ��, as ��� �1� l :sa w �� the poirly . Llt.cf )ln 1 /me and C . L. Pearl were drownt-A . A coirotierli Jury proi t1n111x(1114l it deith ffi)nk accielental drowu . https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 2/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In -- .. _ *.,ILA • � NJt R � J TWARA A PU . ;cum evach C R �r A SAYCAM �4 A short story in The Mason County Journal described the drownings of two men after a skiff capsized in Hood Canal on Sept. 2, 1890. It's likely Rodney White, a Black pioneer in the area, was on board and survived. I A 1947 Metsker Map shows a slough west of Maggie Lake named for a racial slur. The name of the slough was printed on maps throughout the loth century. And though the name has officially been changed, at least some longtime residents remember its use. It's unknown how often it goes spoken today. Some believe White's life and legacy in Tahuya are what propelled others to use the phrase. But Vargas says the man, for his part in the history of the larger Kitsap Peninsula on which Tahuya is located, deserves better. "These pioneers, like Rodney White — we're standing on the foundation they built, yet they've been erased," Vargas said. "We have to investigate, we have to unearth what has happened. Only then can we honor them." https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 3/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In � V SILVERDALE '113ROGE ISLAND IAINBRIDC7�]Sl ,r =I SERLAN DSi KITSAP 0� +1 Mason County PARKwaaD Q Kitsap Y Count l IV in VA 11G{'DsPOGrass Lake 4 T,ahuya ALLJYN i 1J n—io n ©OpenStreetMap contribul Map of the Kitsap Peninsula DATAWRAPPER White's legacy Advertisement https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 4/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In homestead out of the untamed wilderness from the time after the boat accident to his death in 1913. With a "voice like a foghorn," he'd command his livestock, especially his two leading donkeys: "Get on, Baltimore, get on Babe," he would say to them. After White's death, the animals were transported to the Woodland Park Zoo in Seattle to live out their days. That's according to Frances Huson, whose family helped establish the Tahuya community. As a young girl, she remembered White and later told tales of his pioneering spirit to the Mason County Journal. Interviewed in 1978, she told the paper of a more "cosmopolitan" time in Tahuya. "We had blacks, Indians, Filipinos, Scots and Scandanavians all living together," she was quoted in the paper as saying. "... A person was either good and fair with you, or they weren't. Color didn't have a thing to do with it, one way or another." White came to Tahuya seeking acreage under the federal Homestead Act, passed during the Civil War with the aim of distributing western lands. His "four forties," the nickname for the total of 16o acres, were divided between the area west of Maggie Lake and the Tahuya River valley. 66 These pioneers, like Rodney White — we're standing on the foundation they built, yet they've been erased. We have to investigate, we have to unearth what has happened. Only then can we honor them. Akuyea Vargas, cultural custodian of Bremerton's Living Arts Cultural Heritage Center COPY TEXT TWEET FACEBOOK LINKEDIN SHARE https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 5/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In ultimately published by her descendants in the 1992 book "Tales from a Tahuya Log." White built a barn, cabin, root cellar and chicken coop out of logs and farmed an orchard of fruits that included apples, prunes, pears and peaches, Knowlton wrote. She called him "one of the hardest working men we've ever known." "A pair of kindly brown eyes softened a countenance that otherwise bordered on ferocious, and his face was practically hidden by a stubble of black beard," she wrote. "Rodney's strength seemed almost superhuman, and the work he accomplished with his powerful hands would have been beyond belief if not witnessed." There were great challenges to farming in the 19th and early loth centuries on the timber- covered Tahuya River valley, according to Don Cady, a longtime resident of Mason County. Logged or not, the stumps made it next to impossible to plant fields. So Cady said sometimes farmers, like White, would empty ponds and small lakes with the aim of farming their basins. "They'd dig a ditch, and drain them," he told the Kitsap Sun in May. Cady believed that was how White shaped the land in the area that became known as the slur- named slough. White's death https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 6/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In 7 �1. PLAeA aN OQATM WASHiHGIQN SThT[BUA Q OF QEA[TH 1J7810 .. nurt>ynU nc ormnrT gPA'rrsTiCs a rArrprrawn r� o�rtmrxlctim�nra�nTn C' Ia.yllllmm-wn.Tm�� rw.39.�_tiux,Gh,7lith _sl.:��...w..m �_ r •' p (I V Al. Ng@rOgNQlr Pfw if dIna arypr la. '.:rt• O: ❑ �'�. rpeH eRlh.elernnAer-�vrnr Fall Nams. RndLle White �+ Y eAe rwrlrn,lf.°.Ic. 'rt.��, � �� Tkrerw��emA•q u.��u�e�Ire,p,e l,�rerr � i� level anHAL ANw 6TAT19Ti-A4 RAf1TIpOLRRB if, OA*TIPIOATl OF-OATH A ,[GOLOIL oR RAC6 [ m[R '¢OATS OF OCRTM Ar�lOelf,eiln A r, MaleYe I r3lack a1rPn-�Lu Siligle Ault 27th - 191 g M:�•,rP� .�r: rTt P rlyni.Ide:�rd+ SwmWl p><u3 r fYe4r1 � a . R � -Wore ar biniH tr I H8RWV CEWMPT.'Nd 1.Henfrd algal,H ir¢m JulY-1Lth.....Id.... r........August-".27.t1b.Z., I__ ! • •• nnnn 78I . a T AOE r If LESS 1hrn !O a!1 lyl raa h,y71L¢I[ve.A..:...........ADD uz,N„i2.[..,Ibl aa., '_.S) [1 4 nb' •ad Ih¢r drAe4 occurred,on lkr due p f� the CA11S8 OV D13ATH4.aa i.,1P11pw., i��••• p�ap mo.. _ • :Iw.h Y R B Dc FATI'ON ...L1Qb OX Pn01Lfh0-niA6........................................... Z ,q [a1 dq o [napry L. p�6itl ktM N XQIl•♦1;a♦:.............w.... «_.-..... ............... �I....... "":m. :� a rj,$• a E NAjrn.aAlaprd¢IxIIJmp Ili... ................ m » z E C sower ryJ ...................."........Sava9M1........yn.......,.. 7Y• 1 O e n I IIP DNA XI:OF l ]...................................................... ........._ }............. .-........" Qi-. F $ FATX ER .-..............T.�.....,.R.....[Pry.+alAa].........yy,•........ny,.........dl. �•1 "PIFRTHPLACB rSl�xedle�......ryA�C.p...h....-Se.�,r. w`�. �....... ........,M.A. .""... ". PAITICR Aug.. I¢I.. IJddl.nl..9,.....'.....A f'. .............. ^R w «e x mra aprro-a<r,7 lti a XStSIi� MA I' HAM" 'SI.ta lhv Rq[yT.C&m-gO ORAr-.p r-omMe rnWl YrorylgOdnex� �.""........1. a ,.y Hola..SIl M.laa ur nwnnr..ea!xl.`oeeaer Aaoln.r.aq 3nacuur,er sJ [ OP MOTM CA' Jackenn d11RTXFLACB LEX-TR OF RESIOENCB[ HekprTR�a. I..rrrel+ Jf1 � n m $�� re• Werra.rww n N F f opit MPTHER r c'm ek Wa�[hw'ge[toanra] H' - ....... g (BI.K ar ceimlry] Al rw In en yrr[,a�� 9 r rHE 11 YE15 T-l1E TO THE PEVTOF MR kNWN4LO0i 5Wy�,� d' �eW4. ....................."...............,'•HI,I�......dr. T o r Iliielj opl/wefdll v N,frrr�d........................-.....-:...-......................... , .Rj.,e g N rAedi.n]. ". Jl x !,1!'N........ .... .�� M PLAOE OF QUW41.MIT MKMWAl owrleor eurrrAl ••••• "-........ Pl_aggin [a.3 Home Lind C o 0 = _ The death certificate of Rodney White, a single Black farmer, shows he died on Aug. 27, 1913, of lobar pneumonia, at 52. White was buried at Mt. Pleasant Cemetery in Seattle. WASHINGTON SECRETARY OF STATE Advertisement https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 7/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history - Kitsap Sun Subscribe Sign In "These spells of inebriation were annual occasions and lasted all the way from one to three weeks — as long as the cash held out," she wrote. It was one such session that led to an illness that caused his death, Knowlton wrote. He died on Aug. 2'7, 1913, of lobar pneumonia, according to Washington State Department of Health records. He is buried at Mount Pleasant Cemetery in the Queen Anne Hill neighborhood. Knowlton shared one more story of White in her log, this one in the realm of the supernatural. She remembered a time, not long after his death, that trappers visited his property and found him there felling trees and at a writing desk in his cabin. It so troubled the men that Knowlton wrote they fled Tahuya believing they'd seen his ghost. Two years later, a family walked from Dewatto to Tahuya in search of the ghost, Knowlton wrote. While she said others did not find it, perhaps that tale traveled among the locals, embedding White's memory in the area further. A more sinister reason? https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 8/20 _ '. � •4'"� . ._ �. `.ma` s •,_: { - y _ Of ji -, �+... �.ti,•, - �,: .. �.° : - ire-�:� , l� . ., re; a Ilk ow �. art i J r k . �` 14 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history Kitsap Sun Subscribe Sign In SDU AJJLCK M E T E RY 4 J♦ � w (t ` w � §._ 0011!1- A justice of the Peace Akuyea Vargas and Lonell Williams look down at Nathaniel Sargent's grave in the Seabeck https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 10/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history - Kitsap Sun Subscribe Sign In When it comes to the naming of the slough, Lonnell Williams worries something more sinister could have occurred. Williams, a retired Bremerton fire captain, has been investigating the life of another Black pioneer in Kitsap, Nathaniel Sargent. Like White, Nathaniel Sargent was born into slavery. He settled in Seabeck around the same time White came to Tahuya. Sargent was elected a justice of the peace in the late 19th century after homesteading there. But there is some mystery to Sargent's life and death. He is said to have been buried in the salal-covered Seabeck Cemetery after he died in 195 yet for years no headstone stood over his grave. Only recently has one been added. Williams thinks that an area known by the name of a racial slur would've meant something more nefarious happened to Blacks there, that the slough "is where they'd be 'dealt' with," he said. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-washington-slough-racist-rodney-white-history/7513342001/ 11120 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In * 4 Oil ra x r 4 { Jay Allen looks down at the haying taking place in the field below his home as his dog Rosie sits in his lap on July 13. MEEGAN M. REID/KITSAP SUN Vargas, of the Living Arts Cultural Heritage Center, accompanied the Kitsap Sun in July to Tahuya. She has long been a leader in researching and bringing to light the area's Black history and made her own journey to West Africa in 2019 for the 400-year anniversary of enslaved Africans arriving in the Americas. Vargas visited the place Knowlton lived and farmed. It's still a working farm, managed today by longtime residents Jay and Susie Allen. Jay Allen, who also owns a tree farm, is certain the slur that came to be associated with the slough because that's where White lived, he told Vargas. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 12/20 9/22/22, 1:45 PM Tahuya slough once referred to by racial slur holds a diverse history — Kitsap Sun Subscribe Sign In that title, she's not ruling out the possibility something worse happened there. The name vanishes But there is no slur-named slough in Mason County anymore. In 1992, the U.S. Board on Geographic Names established a new name for the slough: Grass Lake. The entry in its database notes the area was known by the previous name of"Negro Slough." Missing is an explanation for the name change. Help support quality local journalism like this. $1 for 6 months. Subscribe! "There's no documentation (on the database), which is very odd," according to Caleb Maki, the executive secretary of the state Committee on Geographic Names. The Kitsap Sun requested but has not received a response from the U.S. Board on Geographic Names about the change. Maki noted that the board decades ago altered any reference to the N-word, changing it to "Negro," and that may explain why it was in the federal system as such. He noted that, should anyone feel compelled to change the name to honor White, they could do so by applying through the state Committee on Geographic Names. Both Allen and Vargas would like to see White's name brought back from history, to grace his farm or the area in some way — so he is remembered, and not the slur. https://www.kitsapsun.com/in-depth/news/2022/08/04/tahuya-wash ington-slough-racist-rodney-white-history/7513342001/ 13/20 Rodney White Slough - Mason Coun� Swamp, 18 acres, located 2 miles N of the town of Tahuya at 47' 23' i 1 r_ f! -� �. �L� , c"f ` J ;� �y�} !�'• ., 53.098" N, 1230 3' 10.473" W. _ ��; ~� i �� 4� � �, j , ��..�� tl � �A�° �� �����.,• The proposed name commemorates fir' r - -s Mw' y���, Rodney White (d. 1913) who was born into slavery in Missouri. L . Rodney White came to Mason County in 1890 and had a farm and ranch, and cut some of the roads in Rodney White Slough.. ..�� .-;.y. .-' �"-,i' ./%�� d .I � c�s� L�J`(--�1���- fJ f1 - :?� � �V;f,fit-__�Y,l�-L.'3. ��,•-+ -:.f• _�,. . -- the area that are still used tothi s day . y J f '- E��',� ,. • n f Rodney White was known as a hard oel J �p�s •I� worker by residents of the area, and f - C�JI =•- J;c is referenced in a book published in !�od N 1 4 )cfi f_ _ 4 - - r 1- - 1992, "Tales from a Tahuya Log" Irk_ r y i 1 I r ✓ 1,...1 41 �l f y �_-� ..z �� a -� �-1- I ND�,r� - �u --_ r Following his death, the area in f a• �� r' i�� mot. r f - which he had an orchard became known by the racist term of "N----- g pp 1�J= 2z Slou h , which a eared on a 1947 @ 1J "Z tiJ •�/l,r _ :; SLf+ �y r - :✓ �� �t3 Metsker map of the area. 41 �! 5 � �Trr a' =�; ti� � C': • f" .\\ 'off? \\ Y.ra CIaIIam i s h - _.�. - _._. .�.��" f� �I I� •'--� J � rr..i' J � I� '!•r����^ �� I''+ �- A' � �f f i 1 �i'r�'• j•) r J e f f e r s o n __ - '<i j>f'�� J , \J�����:-2 1) � � � • r� �r ( f •r_"1 ��-i-' -'.JJ=� q 1�f.,-/I �ia✓ I ��. 05 :�•�ti l`�r -�L... �r � �'� ., �, 1` �r--�- ! �•�•.r ' i._ r"f�J r..(� '' 'FK i t" �1 s '`" ''J 'K r n ij f. r �� �� `•I i Iry� / 4W pi f —'' ' / " "7 M a S TaFuya $1�r r' :•:r; P i e r c e •'i .e r erg ' y�� a rays Harbor � - •�• n� 'r �l u °ck. Thurston --- L Pacific Lewwii% Swamp; 18 acres, located 2 miles N of the town of Tahuya at 47° 23' Rodney White Slough - Mason County 53.098" N, 123° 3' 10.473" W. The proposed name commemorateGrass Lake s Rodney White (d. 1913) who was born into slavery in Missouri. Rodney White came to Mason Maggie Lake County in 1890 and had a farm and Rodney White Slough ranch, and cut some of the roads in the area that are still used to this day. Rodney White was known as a hard worker by residents of the area, and is referenced in a book published in ... Lake 1992, "Tales from a Tahuya Log". Wildberry Lake Following his death, the area in which he had an orchard became known by the racist term of "N----- Slough", which appeared on a 1947 Jiggs Lake p of the area. Clallam 1' ;� I�S�a\n�J� a' Jefferson I�iti + -� 4 1`(y/I �r`-a 1✓ � (yam ;- rays Harbor �1 � r Thurston �, ----------- I INTERLOCAL AGREEMENT BETWEEN MASON COUNTY and THURSTON COUNTY DEVELOPMENTAL DISABILITIES PROGRAM- MI AGE LEVY This Interlocal Agreement (AGREEMENT) is made and entered into pursuant to the 1& provisions of Chapter 39 . 34 RCW Interlocal Cooperation Act by and between Mason County (MASON) and Thurston County (THURSTON) collectively known as the parties tothis AGREEMENT . WHEREAS , MASON and TFILJRSTON have created a Developmental Disabilities program toserve residents of both MASON and TF[LJRSTON -a3 and WHEREAS , it i@s necessary for MASON and THU'RSTON to provide for funding and administration of the Developmental Disabilities program ; WHEREAS , THURSTON has agreed to serve as the lead for this program . NOW, THEREFORE , in consideration of the mutual promises and covenants contained herein, the parties agree as follows : Purpose : The purpose of this AGREEMENT is to provide local county funding per RCW 71 . 20 . 110 forDevelopmental Disabilities program services in MASON and TIILJRSTON .. Term : This AGREEMENT will be in effect for five ( 5 ) years from date of last signature . Extension : The duration of this AGREEMENT may be extended by mutual written consent of the parties . Termination : This AGREEMENT may be terminated by either party by giving ninety (90) days ' written noticeof termination to the other party ,, Funds Source : MASON and TIITJRSTON shall each levy annually a tax in a sum equal to the amount which would be raised by a levy of two and one-half (2ow 1 /2) cents per thousand dollars of assessed value against the taxable property in the county as provided I* n RCW 41 71 . 20 . 110 as now ex-isting or as here inafter amended. From MASON and TI IURSTON , SOV( ft]o e funds raised by said levy shall be paid into the THURSTON Human Services f�ind with the remain ing 50% used to fund other programs as allowed . The percentage share of these funds may be adj usted annually through the MASON budget process and the T RSTON budget process . I i ■ Prin r m M n n DM to o aso o u t Custodian of Funds : MASON and THURSTON agree that the Thurston County Treasurer shall be the custodian of all funds for the administration of the Developmental Disabilities program . Thurston County Treasurer shall have the authority to make payments from said fundsupon audit by the Thurston County Auditor, pursuant to REC 71 . 24 . 110 (2) as now existing or as hereinafter amended . Administration : MASON and TIfURSTON have designated the following representatives to serve as the Administrators for this AGREEMENT . The parties agree to provide notification to the other patty of change of designated Administrator . MASON : David Windom , MSHS , Director Mason County Community Services Depaftment615 W Alder St. Building 8 Shelton, WA 98584 Phone : 360&-..427 - 9670 Ext. 260 E -mail : dwindom@co . mason-, walus THURSTON : Schelli Slaughter, Director Thurston County Public Health and Social Servi ces Department412 Lilly Road NE Olympia, WA 98506 --m5I32 Phone : Office 360 "- 867o- 2502 , Cell : 360 - 701 --, 3970 E-mail : schelli . slaughter@co ,, thurston , ,W, a us Notices and Written Communication : Notices and other communication may be conducted via e-mail , U . S . mail , fax hand- de liv ery, or other generally accep ted manner including deliveryservices , Responsibilities of the Parties : the primary responsibilities of the parties are agreed to as follows : A I-L4 SON&• 1 . Will provide funding for the program as detailed in this AGREEMENT . 2 . Will review annual reports and provide feedback as appropriate .. 3 - Wi", Ilnotif TIHJRSTONl" n advance should MASON desire to exercise the right to provide program input and direct program deli verables for services being provided in Mason County . THURSTON: 1 . Shall have the authority to contract, subcontract and sign annual plans on behalf of both MASON and THURSTON for the Developmental Disabilities program as funded by these funds . MASON reserves the right to provi' deproVra in put and direct program deli verables for servi" Cesbeing provided in Mason County . P r i ri rri m NiInrinto so u t 2 . Will provide a report to MAS ON on or before January 31 St of each year that details for the previous calendar year ; the overall prop-ram budg et and number of individuals served; a list of contracted services providers awardedroPgram funds under this AGREEMENT including, and detailed bY contractor, total award , summary of services to be provided, number of Paiticipantsto be served , location( s) where services are to he provided and a note identifying whether the contractor will serve only MASON only , THURSTON only , or ind iv iduals from both counties . 3 . Will provide MASON the opportunity to provide input prior to procuring contracted servicesproviders to carryout program activities . 1Indemnification :on .a 1 . Mutual Indemnity . To the extent of its comparative liability, each party agrees to indemnify , defend and hold the other party, its elected and appointed officials , employees ., agents and volunteers , harmless from and against any and all claims , damages , losses and expenses , including but not limited to court costs , attorneys fees and alternative dispute resolution costs , for any personal injury , for any bodily injury, sickness , disease or death and for any damag e to or destruction of any PPityroe (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission , necy l igent or otherwise , of its elected and appointed officials , employees ., agents or volunteers ,. In the event of any concurrent act or omission of the parties , each party shall pay its IN proportionate share of any damages awarded . The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages , if any , are adjudicated . If any claim is resolvedby voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs , they shall submit apportion-ment to binding arbitration . 2 . Survival of Indemnity Obligations . The p arties agree all indemnity obligations shall survivethe completion , expiration or termination of this AGREEMEN T . Independent Capacity : Employees or agents of each party who are engaged I* n the performance of this AGREEMENTshall conti nue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party . NNon -Discriminationni Employment : MASON ' s policy is to provide equal oppoiluni" ty i* n all terns , conditions , and privileges of employment for all qualified applicants and employees without regard to race , color, creed, religion , national origin-, sex, sexual orientation, age ,, marital status , disability , or veteran go status . shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race , color, creed , religion, national origin, sex, sexual orientation, age , marital status , disability , or veteran status , except where such constitutes a bona fide occupational qualification . T RSTON shall take affn*rnative action to insure that applicants are employed , and treated during employment, without regard to their race ., color, creed, religion, national ort g in, sex, a ge , marital status , sexual orientation, disability, or veteran status , except where such constitutes a bona fide occupational qualification . ■ to o aso o u t 10 10 Such action shall include , but not be limited to advertising, hiring, promotions , layoffs or terminations , rate of pay or other forms of compensation benefits , selection for train ing including apprent icesh ip , and part ic ipat ion in recreat ional and educat ional act iv it ies . In all solicitations or advertisements for employees placed by them or on their behalf, TH.. URSTON shall state that all qualified applicants will receive consideration for employment without regard to race , color, eligion, sex, or national origin. Non -Discrimination in Customer Services : TF[URSTON, as well as any contractors and or sub - contractors t this AGREEMENT shall not discriminate on the grounds of race , color, creed, religion, national origin, sex, age , marital status , sexual orientation, disability, or veteran status ; or deny an individual or 1 -4 business any service or benefits under this AGREEMENT ; or subject an individual or business to segregationor separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this AGREEMENT ; or deny an individual or business anopportunity to partic ipate in any program provided by this AGREEMENT . Compliance with Applicable Laws , Rules and Regulations : This AGREEMENT shall be subject to all laws , rules , and regulations of the United States 40 of America, the State of Washington, political subdivisions of the State of Washington and MasonCountY IS THURSTON agrees to comply with apPicalble Federal , StateCounl or municipal standards for licensing, certification and operation of facilities and programs , and accreditation and licensing of individuals . Amendments : 11L Either party mmayrequest changes in the AGREEMENT . Any and all agreed amendments , to bevalid and bindibindingUpon either party , shall be in writing or signed by both of the parties . Di sputes : Differences between MASON and T RSTON, arising under and b virtue of the 11k AGREEMENT . Documents shall be brought to the attention of MASON at the earli est possible iYein order that such matters may be settled , or other appropriate action promptly taken ,. Decisions of SON ' s Administrator shall be final and conclusive . Venue and Choice of Law , In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be 1* n the counts ofthe State of Washington in and for Mason County . Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington . Severabi* 11* IS If any term or condition of this AGREEMENT or the application thereof to any person (s ) or circumstances is held invalid, such invalidity s hall not affect other terms , conditions or appli cations which can be given effect without the invalid term, condition, or application. 11P To thisend, the terms and conditions of this AGREEMENT are declared severable . Prin r m M n n DM to o aso o u t Waiver: Waiver of any breach or condition of this AGREEMENT shall not be deemed a waiver of anyprior or subsequent breach.No term or condition of this AGREEMENT shall be held to be waived,modified,or deleted except by an instrument, in writing, signed by the parties hereto. The failure of MASON to insist upon strict performance of any of the covenants of this AGREEMENT,or to exercise any option herein conferred in any one or more instances,shal lnot be construed to be a waiver or relinquishment of any such,or any other covenants or contracts, but the same shall be and remain in frill force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations,policies,procedures,federal Officeof Management and Budget(OMB)circulars and federal and state executive orders. B. AGREEMENT Entire Agreement: This written AGREEMENT,comprised of the writings signed or otherwise identified and attached hereto,represents the entire AGREEMENT between the parties and supersedes anyprior oral statements,discussions, or understandings between the parties. IN WITNESS WHEREOF, MASON and THURSTON have executed this AGREEMENT as ofthe date and year last written below. BOARD OF COUNTY COMMISSIONERS, BOARD OF COUNTY COMMISIONERS, T STON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON DATED: DATED: 5/12/21 APPROVED AS TO FORM, APPROVED AS TO FORM, Jon Tunheim,Prosecuting Attorney Tim Whitehead,Prosecuting Attorney rosecuting Attorney Deputy Prosecuting Attorney Prirl- from Mason County DMS • MASON COUNTY Mh Public Health & Human Services Briefing January 9, 2023 Briefing Items Foundational Public Health Services-funded Epidemiologist position—Dave Windom r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: David Windom Ext.260 Department: Public Health Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ® Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Epidemiologist Background/Executive Summary: Epidemiologists are Public Health workers who investigate patterns and causes of disease and injury. Epidemiologists work in offices and laboratories,usually at Health Departments for State and local governments, in hospitals,and at colleges and universities. Epidemiologists typically need at least a Masters degree to enter the occupation. They may have a Masters degree in Public Health(MPH)or a related field, some have completed a Doctoral degree in epidemiology or medicine. Employment of Epidemiologists is projected to grow 26%from 2021 to 2031,much faster than the average for all occupations. Budget Impact(amount, funding source,budget amendment): Median annual wage was $78,830 in May of 2021. The recommended Salary Scale is Range 26 for entry level and Range 28 for Senior Epidemiologists funded through Foundational Public Health Service (FPHS) for one position. Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval to advertise and fill a full-time Foundational Public Health Service Funded Epidemiologist position. Attachments: Position Description $°t, cot, POSITION DESCRIPTION rxsl Title: Department: Epidemiologist and Senior Epidemiologist Public Health Affiliation: Reports to: Non-represented Public Health Director Job Class: Risk Class: 5306-07 Exempt: X Non-Exempt: Salary Range: Supervises/Directs: Range 26 and Range 28 None Union Approval Date: Director Approval Date: 12/28/2022 GENERAL POSITION SUMMARY: The role of the Public Health Epidemiologist is to gain an extensive knowledge of public health issues through data gathering and analysis. The goal of the Public Health Epidemiologist is to help present data to public health leadership and the general public to inform decision making processes for disease mitigation and intervention development. Epidemiologists are public health professionals who investigate patterns and causes of disease and injury in humans. They seek to reduce the risk and occurrence of negative health outcomes through research, community education and health policy. JOB FUNCTIONS: (Any one position may not include all the duties listed nor do the listed examples include all tasks, which may be found in positions in the class) • Recognize public health problems pertinent to the population • Recognize the existence of a public health problem • Collaborate with others inside and outside the agency to identify the problem • Conduct surveillance data needs • Implement/improve new or existing surveillance systems • Interpret and report key findings from the surveillance system • Support evaluation of surveillance systems • Identify acute and chronic conditions or other adverse outcomes in the population • Assist in conducting a community health status assessment • Characterize investigative processes • Create hypotheses • Assist in design of investigation (e.g., disease investigations, studies, or screening programs) • Conduct investigations as directed • Apply principles of good ethical/legal practice as they relate to study design and data collection, dissemination and use Est 9.2014/Rev 1-02.03.2020(format) • Follow ethics guidelines and principles when planning studies; conducting research; and collecting, disseminating, and using data • Apply relevant laws to data collection, management, dissemination and use of data and information • Describe human subjects' research • Apply Institutional Review Board processes as directed • Bring potential conflicts of interest to attention of senior epidemiologists • Apply knowledge of privacy laws to protect confidentiality, including Health Insurance Portability and Accountability Act and applicable state and local privacy laws • Know agency procedures for handling Freedom of Information Act requests • Bring potential violations of ethical principles in preparing and submitting publications to the attention of senior epidemiologists • Organize data from surveillance, investigations, or other sources • Assist in definition of database requirements, if indicated • Maintain databases • Analyze data from an epidemiologic investigation or study • Use analysis plan for data • Conduct analysis of data • Summarize results of the analysis, and draw conclusions • Identify key findings from the study • Assist in developing recommended evidence-based intervention and control measures in response to epidemiologic findings • Define cultural/social/political framework for recommended interventions • Assist in evaluation of programs • Collect surveillance and other data for use in tracking program objectives and outcomes • Assist in tracking progress toward program objectives and outcomes • Communicate information about progress toward program objectives and outcomes to program managers • Know how causes of disease affect epidemiological practice • Identify the role of laboratory resources in epidemiological activities • Use identified informatics tools in support of epidemiological practice • Prepare written and oral reports and presentations that communicate necessary information to agency staff • Recognize the basic principles of risk communication • Incorporate interpersonal skills in communication with agency personnel, colleagues, and the public • Use effective communication technologies • Provide epidemiologic input into epidemiologic studies, public health programs, and community public health planning processes at the state, local or tribal level • Participate in development of community partnerships to support epidemiologic investigations • Assist the Public Health Department as needed in the event of a public health emergency. • Perform other duties as requested. • Regular, reliable and punctual attendance. Est 9.2014/Rev 1-02.03.2020(format) JOB COMPLEXITY: The incumbent is expected to perform competently all routine, non-complex work and to seek assistance from more senior public health staff with more complex work. SPECIFIC JOB SKILLS: • Describe population by race; ethnicity; culture; societal, educational, and professional backgrounds; age; gender; religion; disability; and sexual orientation/identity • Establish relationships with groups of special concern (e.g., disadvantaged or minority groups, groups subject to health disparities, historically underrepresented groups) • Describe surveillance systems that include groups subject to health disparities or other potentially underrepresented groups (using standard categories where available) • Conduct investigations using languages and approaches tailored to population • Use standard population categories or subcategories when performing data analysis • Support public health actions that are relevant to the affected community • Conduct epidemiological activities within the financial and operational plan of the agency • Describe the financial planning and budgetary process of the epidemiology program • Implement operational and financial plans • Use skills that foster collaborations, strong partnerships, and team building to accomplish epidemiology program objectives WORKING CONDITIONS: Work consists of both office and public settings. May occasionally have some meetings performed during the evening and possibly weekend hours. Employees in this classification are required to sit, stand, walk, bend, and reach to accomplish their work tasks and are required to operate field and general office equipment including computers and may be required to lift up to 20 pounds on a routine basis and more than 50 pounds periodically. Use of personal vehicle may be needed on the job. EDUCATION AND EXPERIENCE: • Newly graduated Master's degree with minimal experience but from a Master's program with a focus on epidemiology and/or analysis on assessment; or • Bachelor's or other non-epidemiology professional degree or certification (e.g., RN, MD/DO, DDS/DMD, DVM, PhD, RS) without formal academic epidemiology training and with at least 2 years' experience performing epidemiology work under the guidance of a Tier 2 epidemiologist. (Guidance can be received from an epidemiologist in the same agency or in other organizations.) MINIMUM QUALIFICATIONS: Epidemiologist — Entry-level position within Public Health. Master's Degree required in Public Health, Epidemiology or a closely related field. Senior Epidemiologist - Senior level position based on level of experience and the ability to work independently. Master's Degree required and has two or more years of public health experience in one or more programs. LICENSE/CERTIFICATION: Must possess a current Washington State driver's license. Est 9.2014/Rev 1-02.03.2020(format) REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Blood Borne Pathogens —Annually Smart Risk Management— Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est 9.2014/Rev 1-02.03.2020(format) r� Mason County Community Development Briefing January 9, 2023 Briefing Items Plat of Olympic Ridge—Michael MacSems r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Michael MacSems Ext. 571 Department: Community Services Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s):November 28,2022&January 9, Agenda Date: Click or tap here to enter text. 2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Plat of Olympic Ridge Background/Executive Summary: Preliminary plat approval for Olympic Ridge was granted following a Public Hearing by the Mason County Hearings Examiner on December 1, 2020. All required infrastructure and improvements that were conditions of preliminary approval, excepting those fire code-related issues subject to a MOU, are built. Final plat approval does not require a Public Hearing,but the Legislative Body does need to sign a Finding of Fact, a draft copy is provided. Budget Impact(amount, funding source,budget amendment): No direct impact on County budget. Public Outreach(news release, community meeting, etc.): N/A Requested Action: Approval to sign a Memorandum of Understanding(MOU)regarding two fire code conditions and approval to sign a Finding of Fact and grant the Final Approval for the plat of Olympic Ridge. Attachments: Staff Report with Finding of Fact and Exhibits Memorandum of Understanding MEMORANDVM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU")is entered Into by and between Lennar Homes, LLC,a Delaware Limited Liability Company (Lennar)antl Mason County,a Political Subdiviston in the State of Washington (Mason County). The purpose of the MOU is to set out the general terms and conditions of the expected manner in which Lennar will finalize construction for the development known as Olympic Ridge(the "Project"). � Masan County's approval of the Final Plat for Project is subject to the following terms and conditions: 1. Per condition number 17 of the preliminary plat Hearing Examiner's Decision (HEX), Lennar will Install"No Parking" signs along the primary collector poKion of Ritlgepoint Blvd. The signs shall be Installed prior to the Issuance of the first Certificate of Occupancy for the Project. The signs shall be Installed on both sides of the road and shall meet the req ulrements of International Fire Code(IFC)Appendix D,Section D706.6,Type D. The bottom of the signs shall include the following code references: RCW 46.61.570 and IFC 503.4. 2. Per condifion number 2d of the preliminary plat HEX Decision, a secondary emergency vehicle access(EVA)shall serve the Project. This secondary EVA shall be constructed and finalized prior to the issuance of the fifty-fl rsi building permit within the ProjecC. This MOU Is meant to reflect the position of the parties as they exist on this day of 2022. Lennar Northwest,LLC a Delaware Mason County,a Political Subdivision Limited Liability Comp in the State of Washington By:� BY: Tltie: .Q�uc'�`t-� �rC�i-`tom Title: ey: Title: STAFF REPORT i DATE: I/4/2023 TO: Mason County Board of Commissioners FROM: Mason County Department of Community Development STAFF: Michael MacSems, Subdivision Reviewer SUBJECT: Final Plat Approval of Olympic Ridge INTRODUCTION This report evaluates the request for final plat approval far the Olympic Ridge development. Olympic Ridge consists of 144 single£amity residential lots (one less than preliminary plat approval)on a 50.05-acre site. Olympic Ridge was granted preliminary approval by the Mason County Hearings Examiner on December 1,2020. See Exhibit 4. APPLICANT KL LHB3 AIV LLC 6900 East Camelback Rd, Suite 1090 Scottsdale,AZ 85251 PROPERTY LOCATION Portion of the E %of the NW '/..,of Section 28,Township 23 N.,Range 1 W.,W.M. Located in the Belfair Urban Growth Area at the end of Ridgetop Boulevard. AREA DISCRiPTION This project is located towards the center of the Belfair IJGA. The site is bordered by SR 3 to the west,the Navy Railroad to the north and east and by commercial and multi- family parcels to the south and southwest. PROJECT DESCRIPTION This plat converts a 50-acre undeveloped site into a 144-lot single£amity residential development. All of the property is located within the Belfair Urban Growth Area and is zoned Medium Density Residential R-5. Exhibit 2 is the vicinity maps and Exhibit 1 are the plat drawings. The project is located on a topographical bench and is bounded by SR 3 and the Navy railroad to east,north and northwest. Of the gross 50.05 acres, only 25.34 acres are deemed developable(net acreage)due to topography and an off-site stream buffer. The R-5 zoning allows a maximum density of five units per gross acre and requires a t i minimum density of£our units per net acre. At gross density of 2.88:1 and a net density of 6.2: 1,this project meets density requirements. There is no minimum or maximum lot i size in the R-5 and the average size of these lots is 6,379 square feet with no lots being smaller than 5,000 square feet. SIGNIFICANT DETAILS This project was originally conceived to be developed in two phases, but the original applicant sold the project after preliminary plat approval and the new applicant is completing the project in one effort. When fially built out this proposal will add an estimated 360 new residents to the Belfair LTGA, using a 2.5 multiplier. All lots are served by the Belfair Water District and sewer is being provided by the Mason County operated Belfair sewer system. A fully built out emergency vehicle access is required by MCC 14..17.120 once application is made for the 51 st house in is this subdivision. Envirorn'nental Reviewed was conducted under SEPA 20-25. Exhibit 5. The preliminary staff report is attached as Exhibit 3,And the Hearing Examiners approval is attached as Exhibit 4. As of November 2022,this plat is not fully built-out for infrastructure. Consistent with i RCW 58.77.130 (Exhibit 20) all of this work must be bonded prior to£nal plat approval. EVALUATION Before the Mason CounTy Board o{Commissioners can provide finial plat approval for Olympic Ridge, Staff must evaluate each of the twenty-two (22) conditions of preliminary plat approval imposed by the Mason County Hearing Examiner's preliminary plat approval issued on December 1, 2020. FINAL PLAT REVIEWS BY MASON COUNTY DEPARTMENTS (The{ollowing signatures on final plat documents will be collected upon final plat approval by the BOCC) Assessor's Of£ce On . 2023,Patti McLean,the Mason County Assessor, signed the face of plat as required. The necessary changes will be made in terms of Current Use tax status once the plat has been recorded. Treasurer's Oftic¢ z On 2023,Lisa Frazier,the Mason County Treasurer,determined that pavperty taxes£or this]and are paid current and signed the face of the plat as required. Public Health � On 2023,the Mason County Health Officer and Sanitarian determined that all public health related requirements for this subdivision have been completed. Public Worlca On , 2023,the Mason CounTy Road Engineer determined that all streets,roads, and related infrasriucture has been completed to CounTy specifications. Department of Community Development On ,2023,ffie Director of the Department of Community Development determined that the completed development meets the requirements of MCC 8, 16 and 17. CONDITIONS OF PRELIMINARY PLAT APPROVAL The following conditions were imposed by the Mason County Hearings Examiner on Decemberl,2020. Ideally final approval by the BOCC would be dependent on full completion of all conditions.However,RCW 58.17.030 allows required improvements to be de£ened by as much as two years through the bonding process.As ofthts writing this bond has not been established, and final plat appravnd c¢nnotbe granted until it is. 1. School Mitigation: Prior to Final Plat Approval,the Applicant will provide the County with a copy of a signed mitigation agreement between the developer and the North Mason School District.The agreement shall, specify the amount and timing of school impact mitigation payments to the NMSD on a lot by lot basis. If the Applicant and NMSD are unable to come to an agreement prior to final plat approval, staff shall impose proportionate share mitigation that conforms to RCW 82.02.020. Staffs determination shall be issued as an administrative determinaflon subject to Hearings Examiner approval. Comments: Complete. Exhibit#6A 2. Fire Code: Per MCC 14.18 fire flow is required at 1,000 GPM minimum at 30-PSI residential pressure and fire hydrants are capable of delivering 1,000 GPM for 2 hours are required. Hydrant spacing will depend on sprinkling and will be resolved prior to final plat approval. Hydrants to be in place and serviceable prior to final plat approval. If residential sprinkling is required,the following note shall appear on the plat for both phases: Fire Sprinkler Systems az�e required in all residential structures. 3 The following note shall appeaz on the plat for both phases:No Parking signs may be applied to any and all parts of the access roads in order to ensure emergency access as found necessary by the Fire Marshall. The following note shall appear on the plat for both phases: Fire Flow is required with hydrants spaced as speci£aed by the Fire Marshal. The following note shall appear on the plat for both phases:No Parking signs may be applied to any and all parts of the access roads in order to ensure emergency access as found necessary by the Fire Marshal. At final plat approval a Finding must be made that the street network meets MCC �� 14.17.120 or is mitigated by conforming to MCC 14.17.130. Comments: The placement ofihe no parking signs, and the full installation of the emergency vehicle access is covered by a Memorandum of Understanding(Exhibit#7B) which wos reviewed and approved by Tim Whitehead on the Prosecutor's Oice (Exhibit #7C) and rviZl be signed by the BOCC and recorded with the County Auditor simultaneously to the final plat As for the other issues, the developer has no intention of installing sprinkler systems, the Fire Marshal has certified thot fire flow, hydrant spacing and road network meet Fire Code (Exhibit#7A). 3. stormwater Op¢rations and Maintenance: Prior to final approval, an Operation and Maintenance Covenant for stormwater facilities shall be completed,notarized,and recorded with the County Auditor's Office. A copy of the recorded Operation and Maintenance Covenants shall be delivered to Public Works and the Planning Deparbrrent for their files. Comments: Recorded under AFN 2181410, Exhibit#8 4. Dust Coatrol: The Applicant shell provide dust control throughout consnuctlon of the necessary improvements for this proposal. Dust control measures shall include limiting disturbance to needed improvements including phasing of development,and watering of disturbed areas if dust levels become excessive. Long term control of particulate emissions will include permanent restoration of disturbed areas including seeding and landscaping of roadside swales and storm water retention facilities. Comments: This condition address development activity that is now in the past. No complaints were received of excess dust existing this site during site development. 5.Water Quality and Temporary stormwater and Erosion Control: Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 Water Pollution Control, and WAC 173-201 A, Water Quality Standaads for Surface Wateas of the State of Washington and is subject to enforcement action. 4 Erasion control measures must be in place prior to any clearing, grading,or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the natural stormwater drainage system or cause water quality degradation of state waters. During construction, all releases of oils,hydraulic fluids, fuels other petroleum products, paints, solvents and other deleterious materials must be contained and removed in a mannea-that will prevent their discharge to waters and soils aF the state. The cleanup of spills should take precedence over other work on site. Coverage under the National Pollution Discharge Elimination System(NPDES)and State Waste Discharge General Permit For Storznwater Discharges Associated with Construction Activities is required for construction sites which disturb an area of one acre or more and which have or will have a discharge of stormwater to surface water or a storm sewer. An application can be downloaded from the Department of Ecology's website at / / / t / ti /#A 1' Soil in stockpiles should be stabilized or protected with sediment-trapping measures to prevent soil loss. All exposed areas of final grade or areas that are nit scheduled for work, whether at final grade or otherwise, shall not remain exposed and un-worked for more than two days,between October 1 and April 30. Between May 1 and September 30, no soils shall remain exposed and un-worked for more than 7 days. A permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise permanently stabilized. Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fences or sediment basins. Cut and/or fill slopes should be designed to minimize erosion. Methods such as slope roughening,terraces,or pipe slope drains, may be used. Provisions should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be.cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has be shoveled or swept. Source control Best Management Practices (BMPs) such as plastic covering,mulch, temporazy seeding, and phased clearing(for example) should be used to control erosion 5 during construction. More examples of effective source control BMPs can be found in the Department of Ecology's stormwater management manual,Stornxwater Management Marzual for Puget Sound(2012). A Full drainage report shall be approved by Mason County Public Works prior to final grading and final plat approval. Any storm water or drainage issues that arise as a result of the applicant's activities shall be corrected by the applicant as approved by Mason County. Compliance with an approved Storm Water Plan shall be subject to an on-site inspection, or inspections,by the engineer of record or an authorized representative. Said inspections) shall be performed in accordance with the approved plan,pazor to any modification that would make a determination of compliance impossible. Inspection reports and as-built drawings shall be submitted to verify all engineering requirements have been completed in accordance with the approved storm water plan. Reports shall be submitted to Mason County Department of Community Development prior to each corresponding inspection and final permit approval. Copies of all special investigation repeats shall be made available at time of inspection. Comments: Confzrmed by memo from Loretta Swanson, Director MCPW in Exhibit#9. 6. HOA Documents: Copies of Homeowner's Association documents that specify responsibility for the maintenance of open tracts and private roads and facilities shall be recorded with the Mason County Auditor prior to final plat approval. Comments: Exhibit# 10. This document is to be recorded simultaneously with the final plat. EXhibit#10 is on unsigned copy. The original, signed by the oppZicant, shell be provided by the applicant for simuZtaneotrs recording with the plat. 7. Street Namea: Street names shall be approved by the Mason County Addresser,prior to final approval. Comments: Confirmed. Exhibit# 11. S.Utility Inatatlation: All utilities, including sewer lines, shall be installed underground, to County and State specifications, prior to final plat approval. Comments:Power is not fully installed and is not expected to be so until sometime in 2023. Exhibit#12 is correspondence and a Zetterfrom PUD 3 stating the current conditions. As noted in the letter, the Applicant Ras paid a71 ojtheir fees to PUD 3 and is just waiting for PUD 3 to install the connections. RCW 58.77.130 allows the applicant to bond far incomplete improvements, but Stajffrnds that in this case there is nothing to bond for. Building permits cannot be issued to lots that have not yet be hooked up to power. PUD 3's plan is to gradually run the power line through the existing conduit over 6 a period of months. Exhibit# 13 speaks to the current state of Mason County Utilities and Waste's review of the sewer system, which according to Richard Dickinson is complete. Exhibit# 14A is a resolution ofihe Be fair Water District#1 certifying compliance with the water extension agreement(Exhibit# 14B. Exhibit 14C is an exchange beM�een Dole Webb, General Manager ofBelfair Water District#I and Steven Gains, Land Development Manager ofLennar NW, discussing the status of the water connections as of October and more importantly, the reason why an approval letterj�om the Washington State Dept. ofHeaZth isn't reouiredfor this system. 9. Community Fen¢ea: Maintenance and repair of all corxnrxunity fences and amenities shall be the responsibility of the Olympic Ridge Homeowners Association. This shall be reflected in final covenants. i Comments: This is to the covenant document which will be recorded with the Auditor simzxltaneously with the approved plat. Exbibit#10, section 6.17. 10. Streetlights: Maintenance,operation and repair of any 8c all streetlights shall be the responsibility o£the Olympic Ridge Homeowners Association. This shall be reflected in the final covenants. All lights shall be downward facing and shielded to prevent glare. Comments: This is in the covenant document which will be recorded with the Auditor simulYaneousZy with the approved plat. Exhibit#10, section 8.5. 11.Water Lines: ResulSng building lots shall be physically connected to the Bel£air Water District#1 system prior to final plat approval. Comments: The BeZfnir Water District #I has approved the water Zine extension as complete. See Exhibit#14A. 12. Street Improvements: All street improvements shall be constructed as approved prior to final plat approval of each phase. Comments:Memo from County Engineer Mike Collins.' Exhibit#IS 13.Accesa: Final plat approval shall not be granted until the Washington State Department of Transportation signs off on the completed Ridgepoint—SR 3 intersection improvements. Comments:Much to the surprise of Mason County staff, WSDOT declined to require this intersection improvement. Exhibit#IG is a-maid correspondence between WSDOT officials Dale Severson and Scatt Davis and Arron Knight PE ofSCJAlliance explaining why the improvement isn't required. Y4. Driveways, Garages and Porches: Consistent with the Belfair UGA Neighborhood Development Regulations 17.35.020.2 Driveways and vehicle circulation pavements shall be the minimum size, necessary to accoxnanodate vehicle storage and circulation. The county may require that pavement dimensions be modified to reduce impervious surface. Applicants are encom-aged to use ' pervious materials, where feasible, such as split pavements with lawns or unit pavers in � the center of the driveway. The following note shall appear on the face of the plat for both phases: Garages visible from the sheet shall be setback Five feet further than the front wall of the house facing the i street. Comments.- Confsrmed, Exhibit#1. 15. Washington State Dept. of Health: Final approval shall not be granted until the Washington State Department of Health has approved the water distribution system. Comments: See Exhibit 14C,an e-maid from the BeZfair Water District#I explaining u.hy this isn't required. 16. Time Window for Final APProvaL Final plat approval for both phases must be completed within five years of preliminary approval. However,request for one-year extensions are allowed as provided for in Mason County Title 16.16.060.(4). Comments: The applicant is reel!within their time window. No issues. Y7.No Parking on Primsry Collector: The Primary collector portion Ridgetop Blvd shall be posted for"No Parking". Comments: Memorandum of Understanding to be recorded simultaneausdy with the plat. Exhibit#7B. 18. Geologically Hazardous Areas: Excluding the reduced setback recommendatlons for the landslide hazard areas,the Applicant shall implement the recommendations of the Riley Group Geological Engineering Report(May 14. 2020) (Exhibit N, Section 5,Pages 6-15),those of the Olympic Ridge Slope Stability Report(Riley Group, October 14, 2020)(Exhibit N-S,Page 2)and the Permanent Stormwater Control Plan(Exhibit U, Chapter 4). Land clearing For which a permit has been obtained shall not be allowed during the wet season, i.e., from October 15,trough May 1,unless special provisions for wet season erosion and landslide protection have been addressed in the geotechnical report and approved by the Director All downspouts shall be tight lined into the Stormwater system to avoid drainage towards the geologically hazardous areas. The Applicant shall provide50-foot setbacks from the top of the landslide hazazd areas and show this setback on the face of the recorded plat. A notice shall be placed on the s title of each affected lot identifying the presence of ffie Landslide Hazard Buffer and Building Setback. The setback may be reduced as authorized by approval of a Resource i Ordinance variance. Comments: Conftrmed, the LSIdA buffers overlap the boundaries ofLats IS, 79, and 20. The dots have enough depth to accommodate this setback requirement and the SO'buffer is portrayed on the plat map (Exhibit#1). A note aypears on Sheet 2 ofthe plat map set stating. 'AI!downspouts shall be tight lined into the stormwater system to avoid drainage towards fhe geologically hazardous areas". Note, a LSHA setback variance is not a7lowedfor new devedopments. 19.F¢n¢ing: The Applicant shall construct a chain link fence from the southwest corner of Lot 30 to the southeast corner of Lot 31,and then run parallel to the NW boundary of Tract E to the Navy [railroad] fence. The fence shall be three feet tall within the critical areas and their buffers and six feet tall in other areas. Comments: Photos Exhibit#18. These photos were taken on December 30, 2022, when the fence was stall under construction. 20. Sewer Collection and Treatment: All sewer infrastructure shall be installed and approved to County and State speciFcations, with adequate capacity to serve the phase under construction,prior to final plat approval. In lieu of installation, County staff may approve security as authorized by MCC 1620.080 if County staff determine that such installation can be completed within two years in conformance with County standards with adequate capacity. Commentsr Complete. See e-mail from Richard Dickenson of Mason County UKZities and Waste stating that this condition has been met. Exhibit#13. 21. Electrical Utilities: All electricity transmission infi�ashvcture shall be installed and approved by Mason County Public Utility District#3 prior to final plat approval. Comments:See Exhibit#12. 22_Archeology and Cultural Resources: The Applicant shall implement the Inadvertent Discovery Plan(Exhibit O, Cultural Resources Section 2, Pages 3-6). The Squaxin Tribe and Washington State Department of Archeology and Historic Preservation shall be alerted to Mr. Cokelet's artifact discovery to ascertain whether any further cultural resources mitigation is necessary as determined by County staff. Comments: Mr. Cokelet's artifact discovery is actually a discovery by one of his ancestors in the 7940s. An Inadvertent Discovery Plan was prepared for this project. Exhibit#19. 9 FINDINGS NECESSARY FOR COUNTY BOARD OF COMMISSONERS APPROVAL Per Title 16.20.010.1,the Board of County Commissioners(the County Code actually reads " Hearings Examiner", but that language is out of sync with state law-- RCW 58.17.170) shall make a positive Finding of Fact that the following is true: (1)that the Snal plat makes appropriate provisions For public health,safety, and general welfare and for open spaces, drainage ways, streets or roads, light and air, ingress and egress,transit stops,potable water supplies, sanitary waste, other public ways,parks and recreation areas,playgrounds, sites for schools and school grounds, and all other relevant facts, including sidewalks and/or other planning features that assure safe walking for students who only walk to and fiom school; and(2)the public uses and interest will be served by the platting of such land. If the Board of County Commissioners finds that the proposed subdivision and dedication makes appropriate provisions and the public uses and interest will be served,then the Board of County Cortuaiissioners shall approve the Seal plat. CONCLUSIONS The Department of Community Development has reviewed the proposed subdivision For compliance with all applicable County and State policies and regulations. All preliminary plat conditions have been met,or perFormance bonds entered into to ensure completion of these improvements in a timely manner. To the extent that the 22 condition of preliminary plat approval listed above have been satisfied,the Department of Community Development finds that the applicant has satisfied the criteria necessaay to reach a positive Finding of Fact and the department recommends in favor of final plat approval. Michael MacSems; Subdivision Reviewer Date EXHIBIT LIST: l: Olympic Ridge Final Plat Sheets datedl I/8/2022.Note: afull-size set will also be available For inspecflon and signatures. 2: Vicinity Map 3: Staff Report for Preliminary Plat approvai 4.Mason County Hearings Examiners Preliminary Plat Approval 5: SEPA Enviromtnental Checklist#20-25 6: North Mason School District impact mitigation fee agreement dated 8/24/2022. to 7: Certification by Mason County Fire Marshal Randy Collins that all fire code conditions of final plat approval have been made, except for final grade of the emergency vehicle access,which is not required until building permit application for the 50°i house. 8: Declaration of Covenants Associated with Privately Maintained Storm Drainage Facilities t-eco�ded undet-AFN 21 8141 O. 9: Certification by Mason County Public Works staff that all conditions related to stormwater and erosion control have been met. (Pendinp� 1 O: Copy of recorded Home Owners Association Declaz-ation of Covenants, Conditions, I and Restrictions{or Olympic Ridge. 11: Documents demonstrating County approval For all street names within the plat. 12:A letter and a cover a-mail from PUD 3 discussing the status the utilities installation. 13: Confirmation fi-om Mason County Public Works—Utilities and Waste Division,that all sewer infrastructure has been installed to their specifications. 14: Confirmation from the Bel£air Water District that all of their water delivery network is installed per specifications. I5: Confirmation from Mason County Public Works staff that all street improvements have been installed to code. (Pending) 16: E-mail discussion with WSDOT regarding the lack of intersection improvements at SR-3. 17: See Exhibit 14C for the reason why there is no Exhibit 17 from the Washington State Dept. of Health regarding the drinking water distribution network being installed per DOH requirements. 18: Photos of completed chain link fence as required by condition of final plat approval # 19. 19: Olympic Ridge Inadvertent Discovery Plan 20: RCW 58.17.130 MASON COUNTY BOARD OF COMMISONERS FINDINGS AND CONCLUTIONS FOR F1NAL PLAT APPROVAL OF OLYMPIC RIDGE NAME OF APPLICANT: KL.LHB3 AIV LLC I1 Mason County has reviewed the above referenced plat for conformance with all applicable County land use regulations and Washington State regulations in effect at the time of application (May 29,2020). The Board also finds that the developer in compliance,or bonded to ensure future compliance, with all 22 conditions of preliminary plat approval. FINDINGS The proposed final plat of Olympic Ridge has been determined to be compliant with the requirements set fot7h in the following(as they existed on May 29,2020): 1. Mason County Title 16, Plats and Subdivisions 2. Mason County Ordinance 24-92. Potable Water Regulations 3. Mason County Shoreline Master Program I 4. Masan County Environrxiental Policy 5. Mason County Flood Damage Prevention Ordinance 6. Mason County Comprehensive Plan 7. RCW 58.17, Plats, Subdivisions, Dedications 8. RCW 43.21.c -WAC 197-11, State Environmental Policy Act 9. Mason County Title 6 ' 10. Mason County Title 14 I 11. Mason County Title 17 CONCLUSIONS The proposed subdivision makes appropriate provisions for public health, safety, and general welfare and for open spaces, drainage ways, streets and roads,light and air, ingress and egress, transit stops, sanitary waste,parks and t�creation areas, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that.assure safe walking for students who only walk to and from school. Having met all these provisions,to the extent that they apply to this plat of Olympic Ridge, The Mason County Board of Commissioners finds that the proposed subdivision will serve the public use and interest and hereby GRANTS FINAL PLAT APPROVAL. 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J ® � . �� ® * � �� � �'X �) 3 I /� -� STAFF REPORT October 19,2020 I TO: Mason County Hearings Examiner FROM: Mason County Department o£Community Development STAFF: Michael MacSems, Subdivision Reviewer SUBTECT: Preliminary Plat Approval of the plat of Olympic Ridge Phase 1 and 2. 1NTR.ODUCTION This report presents an evaluation of a subdivision proposal to create a 145-lot residential �' subdivision on a 50.05-acre site. This report also includes reconunended condiflons to be met prior to{ynal plat approval. I I APPLICANT' Overton Associates 1'� P.O.Box 1477 Tacoma,WA 98401 PROPERTY LOCATION i Portion of the East*/r of the NW '/.,of Section 28,Township 23 North,Range 1 West, WM.Located in Belfair off SR 3 and Ridgy Point Blvd. AREA DESCRIPTION This project is located towazds the center of the Belfair UGA. The site is bordered by SR 3 to the west,the Navy Railroad to the north and east and by undeveloped, commercial, 1 and multi-family parcels to the south and south west. PROJECT DESCRIPTION This proposal is to convert a 50-acre undeveloped site into a 145-lot single family residential development,to be developed in two phases. All o£the property is located within the Bel£air Urban Growth Area and is zoned Medium Density Residential R-5. Exhibits Al—A3 are vicinity maps and Exhibit B aze the plat drawings. The project is located on a topographical bench and is bounded by SR 3 and the Navy railroad to east,north and northwest. O£the gross 50.05 acres, only 25.34 acres aze deemed developable(net acreage) due to topography and anoft=site stream buffer. The R-5 zoning allows a maximum density of five units per gross acre and requires a minimum density of four units per net acre. Gross density for this project is 2.9 units per 1 i acre and net density is 5.7 units per acre. There is no minimum or maximum lot size in the R-S and the average size of these lots is 6,379 square feet with no lots being smaller than 5,000 square feet. This proposal will be built out in two phases,but the project is not proposed as two divisions.This means that there will only be one preliminary plat approval but two final �I plat approvals. All lots will be served by the Belfair Water District and the Belfair Sewer System. When fully built out this proposal will add a total of 145 single family residential units � and an estimated 362.5 new residents tc the Belfair UIGA,using a 2.5 multiplier. EVALUATION Public Facilities Schools--The North Mason School District has the right to seek impact£ees from the developer, as o£this writing Mason County understands that the school district and the I^ developer are negotiating an agreement. A signed agreement with the NMSD,recorded with the Mason County Auditor,is a requirement of Final Plat Approval. Parks 8e Op¢n Spac¢ I The standards for parks and open spec¢for new residential development within the Belfair UGA is found in section 17.3 5.020.E(Exhibit C) of the Belfair Development �I Regulations which is applicable to this project.This development is providing a total of 62,478 square feet of parks and open spat¢. O£this,26,531 square feet axe for active recreation and 35,947 are for passive recreation. All of these numbers exceed minimum requirement of 350 square feet per residential unit(50,750 sq 8). 17.35.020.6.A.(i): Tracts C and D serve the function of acflve use pocket parks or squares.Both active recreation Tracts C (9,732 sq. ftJ and Tract D (16,799 sq. RJ exceeds the minimum size of 5,000 square feet and exceeds the requirements that a minimum of 50%of the required open span¢be active. 17.35.020.6.A.(ii): Relates to passive recreation areas containing pathways,trails,seating areas and viewing areas. Totaling 35,947 square feet,Tract E exceeds minimum open space requirements. Sections 17.35.020.6.A.(iii) (coxnniunity Parks) and(iv) (contributing to off-site recreational facilities) does not apply to this proposal. Section 17.35.020.A(code Typo, logically it should be"B")Talks about preserving significant natural features. Tha county may require retention of existing natures!features such as high points, ponds, wetlands, or streams as community open space. Concentrate development on the land of 2 least natural value. Preserve existing natural/andmarKs such as significant trees to the exfant possible. Incorporeta passive recreational fsafures such as footpaths into natural areas, except where access conflicts with important habitat resources. The Olympic Ridge site provides scenic vistas o£the Olympic Mountains and Hood Canal,but other than views,the site contains no significant natural features to be I preserved and incorporated into the design. Traffic-Int¢rnal Circulation The Olympic Ridge plat is situated on an isolated topographical bench and provides only one pubic access point via a private road called Ridgetop Boulevard which connects to SR 3 via another private road called Ridge Point Blvd.Incidentally,there is no County road right of way involved in this project. A second access for emergency vehicles (EV) and utilities only is provided at th¢north end of the subdivision utilizing an existing Navy �� Railroad crossing.The terms of this easement can be found in Exhibit D. I '� At final plat approval a£ending must be made that the street network meets M �� 14.17.120 or is mitigated by conforming to MCC 14.17.130 (Exhibit E),either as A currently written or as amended. Internally,the streets proposed fall in to the categories of Primary Collector(Ridgetop Blvd, south of Belfair Station), Secondary Collectors (Olympic Ridge,Belfair Station and Ridgetop Blvd,north of Belfair Station)and Local Access streets(Ridgetop Crossing and I� Olympic Ridge Lane). See color coded Exhibit B. i � "I'h¢Following is a discussion of how each of these street types conform to M 17.35.020.3 and 4(Exhibit C). Cross sections are found on Exhibit G: Based on an industry estimate of ten trips Par day,per lot,acetthai more than 000 triply given day for this subdivision would be 1,450.The on1Y P per day would be concentrated is the portion of Ridgetop Blvd south of Belfair Station. Ridgatop Blvd south o£Belfair Station—Primary Collector: The reconunended width of a Primary Collector is 60',but the developers prefer a 50' r/w.Primary Collectors require a 5' shoulder on both side of the road,but the proposal provides only one shoulder. Otherwise,the cross secflon for Ridgetop Blvd complies with Table 4. per MCC 17.35.020.4,having a shoulder on only one side would constitute an "alt¢mative design",which is allowed provided that the applicant can demonstrate the following: B.i: Enhances safety for pedestrians and vehicles. Applicant's justification: 3 �x # 3 4/i � i For safety purposes the Applicant wants to discourage parkirzg aZoicant also want�vent but proposes a paved shoulder for emergency purposes. The App discourage the use ofpedesSrians and bicycles along the western side of this road � segment due to the significant slopes. Accordingly, the Applicant is proposing to consolidate pedestrians and btcycZes use along the east side of the street behind the 5' I paved shoulder vertical curb and gaffer. B.ii:Provides durable construction but reduces environmental impacts (i.e., less impervious surface). Applicant's Response: The proposed alternative street design reduces the pollution generating impervious surface. B.iii: Street design is appropriate for site given existing topography and vegetation. Applicant's Response: i The reduced section width accommodates She existing topography of the terrain as Ridgetap Blvd goes up the slope. B.iv: Street design is consistent with the purpose of this section and is sufficient to accotnrrtodate the projected traffiq Applicants Response: . The proposed alternative design meets the intent of this section and is sufficiently _ designed to adequately accommodate the traffic resuZtingfrom the proposed density and use. I Evaluation of Applicant's response. The critical£actor here is that this road segment is utrlrza rreduced roe footprint seems across a significant slope. Considering the topography, gn Staff acce is the alternative reasonable.In terms of the criteria for an alternative desi p design rational,except£or the idea o£encouraging bicycles to ride against traffic or on the sidewalk. The five-foot shoulder will be posted for No Parking,which will allow slow moving north-bound bicycles to ride on the shoulder. South-bound(downhill)bicycles I will have to travel in the travel lane, as is their right. In the course of revisions to this plat,the road design between Lot 119 and the intersection with Belfair Station,which is still a Primary Collector,was modified to is acceptable�burothe tratvel lanegwidthsnand a Sa shoulder must continue to th ead Thts intersection. I 4 �x �# 3 S/�7 I Ridgetop Blvd north of Olympic Station—Secondary Collector: Is compliant with two 1 O' travel lanes and one 8' parking lane. III Olympic Ridge and Belfau Station—Secondary Collectors: Complies with Table 4. Ridgetop Crossing and Olympic Ridge Lane—Local Access: Complies with Table 4. that the oad sOactOions appeaxYto be adegssa (te ExhibitDl�ar`tnental Communications(IDC) A second Alternative Design rational is required to vary from 1735.020.(3).(A)which requires c�{oss street at intervals of no more than 400' apart. In order to come closer to � compliance with this requirement,the applicant made a significant modification to the original design of the"island"between Olympic Ridge and Belfair Station,to incorporate two short local access cross streets connecting the two Secondary Sub-Collectors.The largest block length now is about 770' on the first block of Olympic Ridge. This i represented a significant deviation and requires a justification on behalf of the Applicant. Per MCC 17.35.020-4.B the Applicant has responded as follows: B.i:Enhances safety for pedestrians and vehicles. Applicant's Response: The proposed alternative street design is supported by sound tra„�`ic engineering and does not present a traffic safety issues for vehicles or pedestrians. Sidewalks are also provided throughout these looped roads for pedestrian safety. B.ii:Provides durable construction but reduces environmental impacts (i.e.,less impervious surfaces), Applicant's Response: The proposed alternative street design layout reduces the pollution generating impervious surfaces. B.iii: Street design is appropriate for site given existing topography and vegetation, Applicant's Response: 5 Q,c # 3 6 /f 7 The subject property is unique in nature both in terms of topography and isolation. The subject property is,further challenged by signifzcant topography and limited amount of development envelope areas. B.iv: Street design is consistent with the purpose of this section and is sufficient to accommodate the project traffic, Applicant's Response: The proposed alternative design meets the intent of this section and is sufficiently designed to adequately accommodate the trajjtc resuTtingfrom the proposed density and use. Evaluation of Applicant's Response: Staff agrees that the alternative design is consistent with the overall intent o£the Belfair Design requirements, and that the alteration design decreases pedestrian and vehicle encounters,reduces ruurecessary impervious surfaces and saves land for greater density. Section 16.16.060.b (Exhibit n of the Mason County Subdivision Ordinance requires that subdivisions be designed so that children can walk safely to and from school. This proposal is serviced by a full sidewalk network,which will allow children to safely walk �� to the school bus. Currently the North Mason School District provides bus service to the intersection of NE Ridgepoint Blvd and NE Creeman Ln(next tc the post office). This proposal does not provide any dedicated bicycle lanes as discussed in 17.35.020.(5).(D). The applicant defended their decision not to provide dedicated bicycle lanes as follows: The Applicant is not including additional improvements within the proposed road sections for bicycles. As previously described, this development does not connect with other trails in the County and currently only connects with SR 3. Because the proposed residential community is uniquely accessed by a State Highway for its primary point of full access, no bicycle path improvements are included in this proposal. Evaluation of Applicant's Response: The Applicant is correct that this site is isolated from the rest of the Belfair UQA by topography as well as a railroad track and a state highway- The only location accessible from the plat which does not necessitate traveling on SR 3,the is Belfair Station commercial development at the bottom of the hill,which is also isolated(Exhibit A) .It i � would not be possible to connect this site to the Belfair trail network(Exhibit T). However,this criterion also speaks to internal bicycle pathways and routes, and the developer has opted not to follow that suggestion(it is a"should"not a"shall"). Presumably not providing bicycle lanes could be justified as preserving land£or density and reducing impervious surfaces. 6 I Emergency Vehicle Access ' This plat has on one entrance and exit,which is via Ridgetop Blvd.However, an emergency vehicle access is to be provided,coming in from the north across the Navy Railroad.The applicant has acquired an easement from the US Navy (Exhibit D).The easement agreement provides specification£or a built crossing that will need to be installed and approved prior to final plat approval. The EV access is required by MCC 14.17 fox subdivisions with between 50 and 100 units.Plats with over 100 residences require two full access points or automatic fire sprinkling for all residences. Traffic—Off Site Impacts As stated above,this proposal will ulflmately be connected to the outside world via private road network connecting directly to State Route 3.It is the County's understanding that both Overton and the developers of an adjacent apartment complex known as Olympic View Apartments have jointly hired SCJ Alliance(Exhibit�to develop a traffic study which will most likely result in a txa£fic signal being placed at the intersection of SR 3 and Ridgepoint Blvd.The 5CJ Alliance traffic study would be submitted directly to WSDOT with no involvement by Mason County.Mason County �� has not,and most likely will not,see the traffic study. Approval of this preliminary plat should be conditioned that intersection improvements are in place and approved by WSDOT prior to£mat plat approval. Water � This proposal shall be provided with water (potable and otherwise)by the Belfair Water District#1 (BWDl). According to a letter dated May 21,2020,BWDl has the capacity to service this development and is actively working with the developer on tine engineering aspects (Exhibit K).Preliminary plat approval shall be conditions that all water infrastructure is in installed and approved prior to final plat approval. The Washington State Department o£Health has jurisdiction for approval of the water distribution system for this project. Written WSDOH approval is a condition to be met prior to final plat approval. Sewag¢ Olympic Ridge shall be connected to the Belfair municipal sewer system which is Operated by Mason CounTy Waste and Utilifles. (Exhibit L). Installation and approval of all required sewer lines shall be a condition of final plat approval. Polic¢ The Mason County Sheriff's office provides 24-hour service to the Belfair UGA. 7 G x -k1 3 8'/I � Fire Protection i The North Mason Reginal Firc Authority provides fire protection for the Belfair UGA. Utilities and Services Public power,postal services,trash collection and telephone services are available in the Belfair UGA. Comprehensive Plan(Belfair Urban Growth Area Zoning�Development Regulations) The land that this proposal is located on is inside of the Belfair Urban Growth Area and �� zoned RS Medium Density Residential.With a gross density of 2.9 units per acre,and a net density of 5.7 units per acre,this proposal meets the standard of a maximum density of five units per gross acre and requirement£or a minimum density o£four units per net acre. Environmental Review � This site is an isolated topographical bench with SR 3 to the NW,the Navy Railroad to I the north and east, and a riparian habitat buffer to the south.The site was survey y Ecological Land Services in May 2020 and a report was prepared(Exhibit M). The investigators did not find any wetlands or other critical area habitat on site;however,they did identify a F-Stream just south of the site and the associated 150' buffer and additional 15' building setback overlaps on to the site.The buffer area has been set aside and is shown as Tract in the plat map. The site contains and is adjacent to steep slopes to the west and south. Riley Group prepared a geotechnical report(5/14/20) and a soils analysis (1/22/20)(Exhibits N 1,and N2).The report identified land side hazard areas(LSHA)in Figure 3 and assigned a 10' � buffer. However,MCC 8.52.140.D.6.c does not allow a variance to reduce the required 50' LSHA setback for construction on lots created aRer December 6, 1996 (Exhibit N4). This caused a revision of the original plat layout in order to better conform. On October 14,2020 the Riley Group provided a revised Slope Stability Report(Exhibit NS) providing some additional details.Figure 3 supersedes their original Figure 3 (Exhibit Nl) The October 14t° soils analysis is flawed in one respect as it misconstrues MCC 8.52.140.D.6.c to allow for development o£homes within 10' o£LSHAs(this is not allowed£or lots created a$er December Q 1996). The layout of these lots can be approved es is,but there is potentially less flexibiliTy in locating a home on lots 18, and 19 (per Figure 3). The Riley Gtoup Geotechnical Report of 5/14/20 has been approved as complete through the checklist review system(Exhibit N3). Cultural Resources 8 �x � 3 9/i 7 � I In Suly 2020 SWCA Environmental Consultants prepared Desktop Review of potential cultural resource issues with this site as well as an Inadvertent Discovery Plan(Exhibits Ol and 02).The Desktop Review was reviewed by Shaun Dinubilo, archaeologist£or the Cultural Resource Division of the Squaxin Island Tribe and Dennis Wardlaw of the Washington State Dept. of Archelogy and Historic Preservation.Both wrote that the study and plan were acceptable(Exhibits 03 and 04). SEPA Review An Environmental Checklist was completed, and a Determination ofNon-Significance (DNS)was issued on July 31,2020 (Exhibit Pl). Comments for SEPA 2020-00025 were received from:the Washington State Departrnent of Ecology (Exhibit P2) and PUD 3 (Exhibit P3).Neighboring property owner Edward Cokelet also responded with questions but did not provide a formal comment. COMMENTS FROM MASON COUNTY DEPARTMENTS �I Pssblic Health On July 6,2020 Jeff Wilmoth of the Mason County Health Departrnent signed off on this I review for his department with the Following connnent based on comments for Mason �I County Utilities and Waste. I raqulremenfs and s currently worXrn9 thro�ugl the pro®ssneed to expand to meet this project (Exhibit L) ' Utilitiea and Waste On Aprll 6,2020,Richard Dickinson signed of on a Application£or Determination of Sewer Adequacy noting: i There]s adequate treatment capacity for fhJs project. A sewer extension is required to connect. (Exhibit L) Fire Marahal � On October 14,2020 Mason County Fire Marshal Michael provided the Following comments: The Olympic R/dge Subdlvfslon proposal!s currently designed for more than 100 units and!s therefore subject tc the requirements of Mason County Cod the County concludes that two Oevelopmenis". After an exhaustive review of the proposal, Y 9 �X # 3 +� ,» publicly ovallable access points must be provided w ffre sprinkler system will be required, based on the application of 14.17.120. Also, the topography of the site is also somewhat ch allenging. Certain areas come near to breeching the caunty's 14%sfope ceilfng which would also implement a}Ire sprinkler provision for the site. Add/t(onally, there has been tittle discussion on uti!ltfes however adequate fire flow is also required. A minimum of 1000gpm is required with hydrant spacfng to be determined based on the final}Ire sprinkler conclusion. The overall site design and layout ore consistent wlih other fire department access needs lncfud/ng road width and turn-aroun ds�however, a noted 6'parking strip will encroach Into the minimum fire deportment access width. The Fire Marshal should have the authority to 17m1t street parking!n order to ensure FO access. See Exhibit F Pu61i¢Works � On Jun¢26,2020,Fred Perryman of MCPW signed off on preliminary plat approval with the£allowing cotnn�ents: Mason County Public Works has received and reviewed the preliminary plat map for Olympic Ridgy off of SR 3 in Balfair, WA. Tha map was found to ba acceptable for a preliminary review. �� Proposed road sectfons are adequate. Preliminary stormwatar seams to be adequate. However more information w711 ba needed before a ffna/approval can be done: Road Access is from a state highway so a/!access Issues and approve/s will Head to be addressed by the Washington States Department of Transportation. See Exhibit H See Exhibit U Building Department 'The street network and rough(mass grading) site preparation were reviewed by the Mason County Building Department under permit#GRD 2020-00005.Review relied upon the Riley Group geotechnical report(Found complete by Michael MacSems of the Planning D¢pt) and a stormwater and erosion control prepared by Kimberly Ann Savage and approved by Fxed Perryman of Mason County Public Works(MCPW). Fred Perry man condition the stormwater plan as follows: Compliance with an approved Storm Water Plan shall be subject to en on-site inspectfon, or /nspections, 6y the engineer of record or an authorlaad representative. Said fnspectfon(s)shalt ba performed In accordance with the approved plan, and prior to any modification that would make a determination of compltanca impossible. 10 f� �s3 ni » inspection reports and es-built drawings shell ba submitted to verify a//anginearJng requirements have bean completed in accordance with the approved storm water plan. Reports shall be submitted to the Mason County Oepartmant of Community Oavelopment prior to each corresponding inspection and floe!permit approval. Copies of all spacial inspection reports shall be made availab/a of lima of inspection. The mass grading permit has been approved by Mason County. Planning Department Associated with the plat application,the Planning Department has reviewed the£oolowing documents and permit applications: Geotechnical Report by the Riley Group: Approved as complete. (Exhibit Nl) Wetland(and Critical Areas)Determination by Ecological Land Services: Accepted. (Exhibit M) Class IV G FPA 2020-00007: Approval pending(Eidaibit Q) SEPA 2020-00025: SEPA DNS issued on 7/31/20, see discussion above(Exhibit Pl) Mass Grading permit GRD 2020-00005: (Exhibit R) B¢lfair Deaign Review: The Mason County Planning Department has reviewed tree plat design for constancy with standards of section 17.35.020,the neighborhood design chapter of the Belfair UGA Zoning and Development regulations. As previously discussed in the Evaluation section of this report,the Applicant has submitted an alternative design justification for various 'aspects of 17.35.020,which has been accepted by Staff. PUBLIC COMMENTS As of October, 2020,the following comtrtents have been received.Public Notice was run in the Mason County Journal on 10/8 and 10/22 (Exhibit Sl) posted on site (Exhibit S2)mailed to property owners within 300' of the project(Exhibit S3) Washington Stat¢Department of Ecology Through the SEPA cornrnent period,ECY provided a brief cotnn�ent letter focused on solid waste trtanaBement. (Exhibit PZ). Mason County PUD 3 tl �X � 3 !z/! � �I PUD 3 covnrnented that the applicants need to contact them to discuss their electrical service needs and noted that any new demand is subject to the PUD's capacity and ability to service the load. (Exhibit P3) Other Other agencies that have been invited to comuvent include;The Washington State Department of Tzansportation,the United States Navy,the Washington State Dept. of Fish and Wildlife,the Washington Stale Dept of Health,Mason County Transit, Olympic Clean Air Authority,and the North Mason School District. The Squaxin and Skokomish tribes were also notified. Shaun Dinubilo,archaeologist£or �' the Squaxin Tribe contacted the County following the Notice of Application which resulted in the Desktop Cultural Resources R¢viaw. (Exhibit Ol) N¢ighbora l To date,only one member of the public has contacted the CounTy. Adjacent property owner Edward Cokelet requested copies of the environmental and geotechnical reports. �i Should any comment letter be received between the time of this writing and the Hearing, � they will be provided to the Hearings Examiner at that time. FINDINGS NECESSARY FOR HEARINGS EgAMINER'S APPROVAL per Title 16.16.06Q the Hearings Examiner shall make a positive Finding of Fact twat the I' following is true: (a)that the preliminary Plat makes appropriate provisions for public health, safety,and general welfare and for open spaces,drainage ways, streets or roads, light and air,iugress and egress,transit stops,sanitary waste,parks and recreation areas, playgrounds,schools and school grounds,and all other relevant facts,including sidewalks and other planning£eatnres that assure safe walking£or students who only walk to and from school;(b)the public uses and interest will be served by the platting of such land. If the Hearings Examiner fords that the proposed subdivision and dedication makes appropriate provisions and the public uses and interest will be served,then the Hearings Examiner shall approve the preliminary plat. Approval of a preliminary plat does not guarantee final approval. CONCLUSIONS The Mason County Planning Department has r¢viewed the materials made available to us and finds the proposal is in keeping with the goals o£the Mason CounTy Comprehensive Plan and the Bel£air Zoning and Development Regulations. CONDITIONS TO BE ML�'ET PRIOR TO FINAL PLAT APPROVAL The following conditions are recommended by the Mason County Department of CommuniTy Development: 12 �x �t 3 13/! 7 II I royal,the a licant will rovide the County 1. School Mitigation:Prior to Final Plat App PP P with a copy of a signed mitigation agreement between the developer and the North Mason School District-The agreement shall,specify the amount and timing of school impact mitigation payments to the NMSD on a lot by lot basis. 2.Fire Code: Per MCC 14.18 flre flow is required at 1,000 GPMOOm01 GPM of 2 hours are residential pressure and fire hydrants are capable of delivering 1, required. Hydrant spacing will depend on sprinkling and will be resolved prior to final plat approval.Hydrants to be in place and serviceable prior to final plat approval. phases:eFtre Sprinkler Systemslare requsred in a�I res de�nttal sptructures1e plat for both The following note shall appear on the plat for both phases: No Parking signs may be applied to any and all parts of the access roads in order to ensure emergency access. The following note shall appear on the plat for both phases: Fire Flow is required wzth �� hydrants spaced as specifsed by the Fire Marshal. � Final grade of all roads shall not exceed 14%without xesidenrial fire sprinkling. At final plat approval a finding must be made that the street network meets MCC �i 14.17.120 or is mitigated by conforming to MCC 14.17.130, either as cun�ntly written or as amended. 3. Stormwater Op¢ratfons and Maint¢naac¢: Prior to final approval, an Operation and Maintenance Covenant£or Stormwater facilities shall be completed,notarized, and recorded with the County Auditor's Office.A copy of the recorded Operation and Maintenance Covenants shall be delivered to Public Works and the Planning Department for their files. 4.Dust Control: The applicant shall provide dust control throughout construction of the necessary improvements£or this proposal.Dust control measures shall include limiting disturbance to needed improvements including phasing of development, and watering of disturbed areas if dust levels become excessive.Long farm control of particulate emissions will include permanent restoration of disturbed areas including seeding and landscaping o£roadside swales and storm water retention facilities. 5.Water Quality and Temporary Stormwater and Erosion Control: Any discharge of sediment-laden runoff or other pollutants to waters of the state is in Standards for Saurface Wate`rsao£the State of WashingtonWarld is subjeot to enforcement y aet10II. 13 gX� 3 I `-t/1 l Erosion control measures must be in place prior to any clearing, grading,ox construction. These control measures must be effective to prevent stormwat¢x runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. i Sand,silt,clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal o£construction debris must be on land in such a manner that debris cannot enter the natural stormwater drainage system or cause water quality degradation o£ state waters. During construction,all releases of oils,hydraulic fluids, fuels other petroleum products, paints, solvents and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state.The cleanup of spills should take precedence over other work on site. Coverage under the National Pollution Discharge Elimination System(IVPDES) and State Waste Discharge General Permit£or Stormwater Discharges Associated with Construction Activities is required for constmction sites which disturb an area o£one acre or more and which have or will have a discharge of stormwater to surface water or a �,I storm sewer. An application can be downloaded from the Department of Ecology's i website at 11_P / /w / to / tr ctiox✓#Annlice[i�. Soil in stockpiles should be stabilized or protected with sediment-trapping measures to prevent soil loss. All exposed areas of final grade or areas that are nit scheduled for work, whether at final grade or otherwise,shall not remain exposed and un-worked for more than two days,between October 1 and April 30.Between May 1 and September 3Q no soils shall remain exposed and un-worked fox more than 7 days. a4 permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise pertnauently stabilized. Properties adjacent to the site o£a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls,such as filter fences or sediment basins. Cut and/or fill slopes should be designed to minimize erosion. Methods such as slope roughening,terraces, or pipe slope drains,may be used. _ Provisions should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited,it should be clean¢d every day by shoveling or sweeping. Water cleaning should only be done aRer the area has be shoveled or swept. Source control Best Management Practices (BMPs) such as plastic covering,mulch, temporary seeding, and phased clearing(£or example) should be used to control erosion during construction. More examples of effective source control BMPs can be found in the l4 �x � 3 is/ �� Department of Ecology's stormwater management manual,Stormwater Management Manual for Puget Sound(20I2). A full drainage report shall be approved by Mason CounTy Public Works prior to final grading and final plat approval. Any storm water or drainage issues that arise as a result of the applicant's activities shall be corrected by the applicant as approved by Mason County. 6.HOA Documenta: Copies of Homeowner's Association documents that specify responsibility for the maintenance of open tracts and private roads and facilities shall be recorded with the Mason County Auditor prior to final plat approval. 7. Street Names: Street names shall be approved by the Mason County Addresser,prior to final approval. 8.Utility Installation: All utilities,including sewer lines, shall be installed underground, to County and State specifications,prior to final plat approval. I� 9. Community Fences: Maintenance and repair o£all con�nrunity fences and amenities � shall be the responsibility of the Olympic Ridge Homeowners Association. This shall be reflected in final covenants. it 10. Streetlights: Maintenance,operation and repair of any Rc all streetlights shall be the � responsibility of the Olympic Ridge Homeowners Associaflon.This shall be reflected in the£mal covenants. 11.Water Lines: Resulting building lots shall be physically connected to the Belfair Water District#1 system prior to final plat approval. Y2. Street Improvem¢nta: All street improvements shall be constructed as approved prior to final plat approval o£each phase. 13.Access: Final plat approval shall not be granted until the Washington State Department of Transportation signs off on the completed Ridgepoint—SR 3 intersection improvements. 14.Driveways, Garag¢a and Porches: Consistent with the Belfair UGA Neighborhood Development Regulations 17.35.020.2 Driveways and vehicle circulation pavements shail be the minimum size,necessary to accommodate vehicle storage and circulation. The county may require that pavement dimensions be modified to reduce impervious surface. Applicants are encouraged to use pervious materials,where feasible, such as split pavements with lawns or unit pavers in the center of the driveway. 15 �X.# 3 ! 6 /I 7 I I The following note shall appear on the face of the plat£or both phases: Garages visible from the street shall be setback setbackfve feet further than the front wall of the house facing the street. Y5.Washington State Dept. of Health: Final approval shall not be granted until the Washington State Department of Health has appxoved the water distribution system. 16_Time Window for Final Approval:Final plat approval for both phases must be completed within five years o£preliminary approval. However,request£or one-year extensions are allowed as provided for in Mason County Title 16.16.060.c. 17.No Parking on Primary Collector: The Primary collector portion Ridgetop Blvd shappppl((((l����b��.�a posted for"No Parking". ZfJ� l �l20 Michael Mac ems; Subdlvtslon'Rcvxev✓er Date EXHIBTTS A: Vicinity Maps B: Olympic Ridge Plan Sheets C: Mason County Code 17.35.020.6. D: Easement Agreement with US Navy#1899297 E:Mason County Code 14.17.120 and 130 F: Letter from Fire Marshal Michael Six 1 Q: Street Cross Sections H: IDC iiom Fred Perryman of Mason County Public Works dated 6/26/2020 I: Mason County Code 16.16.060 J: Technical Memo from SCJ Alliance K: Letter from Belfair Water District#1 L: Approved Application£or Determination of Sewer Adequacy from the Mason County Health Dept, signed by Richard Dickinson of Mason County Waste and Utilities on 4/6/20. 16 gx � 3 t 7/tom I M: Wetland Determination by Ecological Land Services Nl:Riley Group Geotechnical Engineering Report, 5/14/20 N2: Riley Group Sub Regional Soils,Critical Areas,Infiltration Analysis 1/22/20 N3: Mason County Review Checklist 6/17/2020 N4: Mason County Code 8.52.140.E N5:Riley Group Olympic Ridge Slope Stability Ol: SWCA Desktop Review,7/27/20 02: Cultural Resources Inadvertent Discovery Plan for Olympic Ridge pxepared by SWCA,July 2020 03: Acceptance a-mail from Shaun Dinubilo of Squaxin Island Tribe Cultural Resources Division, 8/20/20 04: Acceptance letter from Dennis Wardlaw,Washington State Dept. of Archeology and Historic Preservation. ' Pl: Mason County SEPA Determination ofNon-Significance#20-25 i P2: SEPA Cotntnent letter from the Washington State Dept. of Ecology P3: SEPA Comment letter from Mason County PiJD 3 Q: Class]V General FPA 2020-00007 R: Mason County Land Modification Permit#GRD2020-00005 Sl:Notice of Hearing from Mason County Journal S2:Notice of Hearing and Affidavit of Posting S3: List of Adj scent Property Owners and Affidavit of Mailing. T:Belfair Trail Network U: Apex Engineering Preliminary Stormwater Drainage Report,May 14,2020 1'1 i �k 4 t � zs' � i 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 - Phil Olbrechts,Hearing Examiner 3 4 RL: Overton Associates FINDINGS OF FACT,CONCLUSIONS 5 Preliminary Plat OF LAW AND FINAL DECISION. 6 7 $ INT'RODUCTION 9 it 10 The Applicant requests approval of a 145-lot single Family residential preliminary plat on 50.05 acres in Belfair off SR 3 and Ridge Point Blvd. The preliminary plat is I 11 approved subject to conditions. II � 12 � TESTIMONY 13 County Testimony 14 Michael MacSems, Mason County Planner, summarized the staff report. In response 15 to the examiner,Mr.MacSems stated the Applicant either must sprinkler all the homes I{ or create a secondary public access. The railroad access would need to become a full 16 access. There are internal sidewa]ks. along the boundary of the plat. Also,in response � to the examiner, Mr. MacSems stated that there will be a critical areas slope 17 encroaching into some of the residential lots. A note on the face o£the plat could be I 1S included as a condition of approval if there are encroachments, though critical area buffer requirements are subject to change. There is currently a 50-foot setback. There 1g is c:urxently room on every lotto accommodate building and the setbacks.The examiner asked if theta is adequate water capacity as it wasn't noted on the letter from the water 20 p�yr�eyor. Mr- MacSems stated he thought there was adequate capacity. The County 21 requires demonstration of adequate capacity for water but there hasn't been a similar practice for electricity. They won't be given final plat approval without access to 22 power. This will be two fmal plats which is similar to phased review. If the project turns out to be only built as one phase,the overall project will meet all of the required 23 conditions of approval. They might not need a secondary access if they don't build to the threshold for fire access. Mr.MacSerns couldn't speak to the stormwater. 24 25 Applicant Testimony Tres IGrkebo of Apex Engineering is the Applicant's agent.Kiut Savage is the engineer of record for the project.Mr.Kirkebo thanked the County staff for their diligent review Preliminary Plat p. 1 Findings,Conclusions and Decision �x #- �t Z 1zs and thorough work.The project has been revised from its original design in May to its l current design now from September. The Applicant agrees with most o£the conditions 2 of approval. 3 The site is disconnected.The primary point of access is from the state highway through several County roads. All of the roads shown and proposed meet County design 4 requirements except for two Misting County roads. The access from SR 3 to the site has some topographical issues.This is a prominent Feature with regards to access to the 5 development. TJte site is currently vegetated. Some vegetation will be preserved in Tracts A and B. a abutting uses and improvements include the navy railroad right o£ it 6 way to the east and SR 3 to the west. A neighbor,Mr. Cokelet,is residential.Thar¢are ' 7 also some adjacent commercial uses to the southwest. There is a pending residential permit application to the southwest for a multi{amity project which will share access to - 8 Rdgetop Boulevard. 9 At preliminary revi¢w, frequently water districts are unwilling to provide anything 10 more than a general statement o£capacity and water service azea.Mr.ICirkebo was not aware of any inability to provide potable water to the proposed connections. The 11 Applicant has been working with the Bel£air Water District. 3 12 The Applicant has had discussions with Mason County PUD. No issues have been communicated. I 13 14 The Applicant has been working with the North Mason School District regarding a bus stop pick up location.No specific location for pick up has been identified though there ��I 15 are a number of appropriate spots within the proposed development that would provide safe transportation to the schools by bus.There are sidewalks shown on Sheet 2 of 4 of 16 the Preliminary Plat drawing set. There is a sidewalk along Ridge Top Boulevard that will extend to existing improvements on NE Ridge Point Boulevard. 17 1g The geotechnical report has been supplemented with additional field observation and analysis and additional memoranda have been submitted. The Geotech supports the 19 preliminary grading and overall design of the layout. Additional examination and Feedback will be provided as part of the civil construction drawings. Any lots that are 20 in question will be addressed prior to construction permit issuance. 21 With respect to the storm report, it is Ex. U. The design has Tract F as a two-cell 22 detention pond which will service all stormwater from the proposed development.This will be included in Phas¢ 1 and has been ovexdesigned £or additional capacity. It is 23 required to meet the Mason County Stormwater Management Manual and ordinance. 24 The Applicant contends the proposal as presented conforms or substantially conforms 25 with all applicable design standards and development regulations. With respect to the conditions of approval,the Applicant supports them as written. Preliminary Plat p.2 Findings, Conclusions and Decision � x �1 � >/z In response to the examiner,Mr.Kirkebo stated there might be school bus stops within 1 the development,but the exact locations have not yet been identified. They will work 2 with the school district on appropriate bus stop locations. This is for all levels of education.There are no schools within walking distance.The coordination at tfiis point 3 is at a high Level. 4 The examiner asked about shared access.Mr.Kirkebo stated the access will not be part of the multi-family project across Ridge Top Boulevard. 5 6 Public Testimony 7 Mr. Edward Cokelet, adjacent neighbor, stated his Family has owned their property since 1940.He noted he cotnniented in a professional and timely manner on the SEPA 8 and his comments were missed. His comments affected. the project design.. For example, there are Indian artifacts on his property. He noted that because this was 9 missed, no one could then respond in a timely fashion. Also, he was not given the IQ documents he requested in August until today. Some of his SEPA comments should have been addressed already.He has a specific concern about runoff to the creek.He's 11 pleased they have a Tract E to protect it but he is concerned about nanof£before. concerned about slash abatement. People have started fires on his property 12 Forest fire is a concern. He wants to see adequate£ire protection techniques in place. He also is requesting a fence because there has been trespassing and crime on his 13 property. He wants to reduce the chances of people entering his property and causing 14 damage and crime. ICI 1g In response to the Examiner, Mr. MacSems stated the SEPA comments from Mr. i Cokelet will be Ex. P-4. 16 Mr. Kirkebo stated they would be happy to address Mr. Cokelet's issues after the 17 hearing. 18 Mike Six, the Mason County Fire Marshal, stated he was available for any questions 19 related tofue department access. They worked on this issue extensively. The intent of the second access is not met per County code. He wishes to see fire sprinklers being 20 required in every home i£appropriate secondary access is not provided.The secondary 21 access is preferred but the access provided is not achieving what the Fire department needs. 22 Kell Rowan,Mason County Planner, stated she and Mr. MacSems worked with Mike 23 Six to get the conditions to meet the cuaent code. She sees no issue with preliminary plat approval. In response to the examiner,Ms. Rowan stated she liked the flexibility 24 of the cuaent condition of approval while acknowledging the Fire Marshal would 25 Prefex sprinklering. Mr. Cokelet stated he wanted to see a fence.He is concerned there needs to be a fence between the development and the railroad tracks. Preliminary Plat p. 3 Findings, Conclusions and Decision �� t} 4�Z5 1 2 Staff Rebuttal 3 Mr.MacSems stated he had no issue with fencing,though there are location issues.The fence should not go into the wildlife buffer but around it. As far as fencing near the 4 railroad track,they don't have code to require it.The Navy didn't respond.The County has no issue with it. 5 6 Applicant Rebuttal 7 Mr.Kirkebo stated there is an easement with the Navy that requires a fence. They will be working with the Navy on the fencing and access issues. This a mattez between the _ S Navy and tll.a Applicant rather than as part of the preliminary plat decision. - 9 EXHIBITS �I 30 Ex. A-U on pages 16-17 of the October 19, 2020 staff report (entered as Ex. 1) in 11 addition to the staff report itself were admitted into evidence during the October 28, 2020 hearing.The Examiner entered Ex.P-4 Cokelet SEPA Comments into the record '�I 12 during the hearing. The examiner leR the record open until November 17, 2020 for further public comment and responses between Mr. Cokelet, the County and the 13 Applicant. The following exhibits were entered into the record after the close of oral � arguments: 14 15 Ex. 2 � Post Hearing Correspondence(Cokelet,MacSems,Kirkebo October 28,2020 to November 13,2020 16 Ex. 3 County response to Cokelet(OR CRP 1-4) 17 Ex. 4 County response to Cokelet(OR 11-13 Comments) Ex. 5 County response to Cokelet(OR 11-13 Comments 2) 18 Ex. 6 County response to Cokelet(OR 11-13 Comments 3) Ex. 7 Applicant's response to Cokelet(November 4,2020) lg Ex. 8 Cokelet response to Staff Report(November 11,2020) Ex. 9 Cokelet response to County response to SEPA Comments 20 (November 11, 2020) Ex. 10 Cokelet response to Applicant's response (November 11,2020) al 22 FINDINGS OF FACT 23 Procedural: 24 1. A nl'cant. The Applicant is Overton Associates, P.O. Box 1477 Tacoma, 25 WA 98401. 2_ Public Review. A virtual hearing via Zoom was held on the application on October 28, 2020. The examiner le$ the record open for further public comment and Preliminary Plat p. 4 Findings, Conclusions and Decision zx �t S /zs � I review and responses by Mr. Cokelet, the County and the Applicant until November 1 17, 2020. 2 Substantive: 3 3. S'te/Proro al Description. This proposal is to convert a 50-acre 4 undeveloped site into a 145-lot single family residential development. The property is 5 located Belfair off SR 3 and Ridge Point Blvd.Exhibits Al —A3 are vicinity maps and Exhibit B are the plat drawings. 6 The project is located on a topographical bench and is bounded by SR 3 and a avy 7 railroad to east, north and northwest. Of the gross 50.05 acres, only 2534 acres aze deemed developable(net acreage)due to topography and anoff-aitc stream buffer. The 8 Applicant proposes the final plat to be broken into two phases, but.with only one 9 preliminary plat.When fully built out this proposal will add a total of 145 single family residential units and an estimated 362.5 new residents to the Belfair iJ�rA,using a 2.5 10 multiplier. 11 4. Characteristics of Area. This project is located towards the center of the Belfair UGA. The site is bordered by SR 3 to the west,the Navy Railroad to the north 12 and east and by undeveloped, commercial, and multi-family parcels to the south and 13 south west. Properties to the northwest and southeast of the subject site are zoned R-5. Properties to the southwest are zoned Mixed Use. Properties to the northeast are zoned 14 General Commercial —Business Industrial. The property directly to the south of the subject, owned by Mr. Cokelet, is zoned Low Density Residential (R-4). 15 � 5. Ad a f Infr tnxctu and Publ' Services.The project will be served 16 by adequate infrastructure and public services as follows: 17 A. S a¢ C ll ti /T tment Systems. As conditioned, the project will be 1 g served by adequate sewer collection and treatment systems. � 19 The proj ect will be served by the Belfair Sewer System.This system is operated by the Mason County Waste and Utilities. The sewer system manager certified 20 that the system has adequate capacity for the proposal in Ex.L. There being no 21 evidence to the contrary, it is concluded that the Belfair Sewer System has adequate capacity to serve the proposal. 22 Mr. Cokelet expressed concern that due to the elevation, the project would 23 result in a 165-foot pressure head from the highest sewer connection to the outlet. MCC 16.20.060(7) would normally cover the pressure issue raised by 2`l Mr. Cokelet,by requiring sewer district approval of proposed sewer facilities 25 as a condition of final plat approval. However, in this case a sewer district is not providing the sewer setvice;rather it is provided by Mason County. Sewer plan approval may already be required by County engineering standards prior to final plat approval,but in case they are not a condition of approval requires Preliminary Plat p. 5 Findings, Conclusions and Decision �n 4 � /z5 that all sewer infrastructure necessary to serve the site be installed and approved 1 prior to £mal plat approval. In lieu of installation, County staff may approve 2 security as authorized by MCC 16.20.080 i£County staff determine that such installation can be completed within two years in conformance with County 3 standards with adequate capacity. q B, Water Utilities. As conditioned, the project will be served by adequate water utilities. � 5 6 The project will be served by the Bel£air Water District #1 (Ex. 1, Page 7). According to Page 9 of the staff report, Jeff Wilmoth, Environmental Health .� Specialist for the Mason County Public Health Department,advised that"Water and Sower Adequacy Approved." It is unclear whether Mr. Wilmoth's _ 8 conclusions encompassed the adequacy_of capaoity. This uxioertainty._is i exacerbated by the comments of the Bel£air Water District, which identified 9 how the proposal would be served but also didn't identify whether there would 10 be adequate capacity. However, MCC 16.20.060(7) requires water district approval of proposed water facilities prior to final plat approval. This 11 requirement should ensure that adequate water facilities, with sufficient capacity,will serve the proposal. 12 C. P k d O en S ace As proposed,the project will provide for adequate parks 13 and open space. 14 The Applicant proposes a total of 62,478aF of on-site recreation. Of this, 15 26,531sf are for active recreation(Tracts C and D)and 35,947sf are for passive recreation(Tract E which includes the creek buffer)(Ex.B2).The total required 16 on-site recreation at 350sf per lot is 50,750af (MCC 17.35.020(6)). The total proposed onsite recreation at 62,478sf exceeds the minimum requirement. The 17 code requires a minimum of 50^/0 of the recreational space to be active 18 recreation and that these areas have a minimum size o£ S,000sf each (MCC 17.35.020(6)(A)). Both Tracts C and D exceed the minimum size for an active 19 recreational space. With respect to overall percentage, 50^/a of the required 50,750 sf is 25,375sf. The cumulative total area of Tracts C and D exceed this 20 minimum. 21 The project is also significantly encumbered by steep slopes and off-site critical 22 areas. Additional open Pace will be provided in critical areas preservation tracts (Tracts A,B and R3) as well as the stormwater pond(Tract F7. 23 ,{ D. Streets and Roads. As conditioned, the proposal provides £or adequate and 24 appropriate streets and roads. 25 The Olympic Ridge plat is situated on an isolated topographical bench. The project proposes a single public access point via a new road, Ridgetop Boulevazd,which connects to SR 3 via a private road called Ridgepoint Blvd. Preliminary Plat p. 6 Findings,Conclusions and Decision A second access for emergency vehicles and utilities only is provided at the 1 north end of the subdivision utilizing an existing Navy Railroad crossing (Ex. 2 D). The proposed intemal streets will be a Primary Collector (Ridgetop Blvd, south of Belfair Station),Secondary Collectors(Olympic Ridge,Belfair Station 3 and Ridgetop Blvd,north o£Belfaix Station)and Local Access streets(Ridgetop I Crossing and Olympic Ridge Lane)(Ex.B and G).All roads are proposed to be 4 privately maintained. 5 The Applicant has provided an interconnecting grid within the preliminary 6 subdivision. There are presently£our cul-de-sacs proposed,but the majority of lots will be directly accessible via a through street. Given the very steep .� topography, the limited accessibility due to the Navy Railroad running along the entire eastern borders and the shape o£ the property, the Applicant has _ 8 provided a gridded, interconnected system to the extent feasible within the preliminary plat. 9 10 MCC 1735.020(3)(A)provides that cross streets "should" be within intervals o£no more than 400 feet apart. Since MCC 17.35.020(3)(A)is only a"should" 11 requirement as opposed to a"shall"requirement,the Applicant is permitted by this Decision to exceed the 400 length due to unique circumstances in the 12 project site and project design. The largest block length still exceeds the 400- foot standard at 770-feet on the east side of Olympic Ridge. To meet the code 13 in this location,the developer would need to sacrifice two lots to either create a 14 stub road going east at the location of Olympic Ridge Lane or would need to otherwise break up the block with a park or open space. The first option is not 15 feasible given the properly is bounded by the Navy Railroad and therefore no street crossing could be constructed there- The second option, additional open 16 space or park area is not warranted. As noted in Finding of Fact No. SC, the Applicant has already provided more than the required minimum area£or parks 17 and open space. The Applicant is also correct in noting the increased block 18 length on one side of the road does not create a public health and safety hazard because all areas have sidewalks and the intemal grid roads break up the block lq to discourage traffic from speeding (Ex. 1, Page 5). Though less aesthetically pleasing,the increased block length on one side o£the road is acceptable£or the - 20 reasons stated above. 21 MCC 17.35.020(3) provides that"streets should connect neighborhoods" and 22 that the street network should"[a]llow for future connections where topography permits a street to be extended in the future." To this end,in Ex. 8 Mr.Cokelet, 23 who owns property adjoining the project site, has requested a stub road to his property, on the basis that"[iJt seems Zikely that in the long rur�the ultimate use 24 of my property will be for development." The MCC 17.35.020(3) connection 25 requirements are not mandatory in all instances, only providing that streets "should" connect neighborhoods and that the network "allow" for future connections. This leaves room for those standards to be interpreted in a manner that doesn't violate constitutional takings restrictions. One of the more Preliminary Plat p. 7 Findings, Conclusions and Decision �X � �' iz5 pertinent restrictions is the concept that the County is legally barred from 1 requiring the developer to forfeit land£or such connections unless the County 2 can establish that such road connections will be necessary in the reasonably foreseeable future. Burton v. Clark County, 91 Wn. App. 505 (1998). The 3 Burton case, lrnown as the "road to nowhere" case, invalidated a road stub requirement under constitutional taKings law for a subdivision because the 4 County failed to show that the road stub would connect to a road within the £oreseeable future. For this application,there is no showing that Mr. Cokelet's 5 property will be developed in the foreseeable future. There is no evidence of 6 any pending development permit applications for Mr. Cokelet's property. Mr. Colcelet testified his family has owned the property since 1940,but at this point .I he can still only note that"in the long run"his property will likely be developed. Under these circumstances the County has not met its burden for establishing '� _ _ 8 the-need for aroad connection to Mr..ColceleYs property and it cannot legally be required. 9 The Applicant has requested a deviation from the Primary Collector width �I 10 requirement o£60-feet to 50-feet. That request should be considered approved 11 by this Decision as meeting the deviation standards set by MCC 17.35.020(4)(B). 12 The Applicant has requested the width reduction in order to remove a 5-foot 13 wide shoulder on one side of Ridgetop Boulevard for a resultant 50-foot wide 14 street profile(Ex. G). All other roadway profiles otherwise comply with Table �� 4 o£MCC 17.35.020(4) Street Design(Ex.FI).The Applicant has requested the 15 deviation to discourage parking along this road segment. However, there will be a paved shoulder £or emergency purposes. The Applicant also wants to 16 discourage the use of pedestrians and bicycles along the western side of this road segment due to the significant slopes. Accordingly, the Applicant is 17 proposing to consolidate pedestrians and bicycles use along the east side of the 18 street behind the 5-foot paved shoulder vertical curb and gutter. The reduced secflon width accommodates the existing topography of the terrain as Ridgetap Ig Blvd goes up the slope and reduces potential runoff towards the steep slopes (Ex.l,Pages 5-6). 20 21 MCC 17.35.020(4)(B) allows the County to approve alternative street designs when it enhances the safety for pedestrians and vehicles; provides durable 22 construction but reduces environmental impacts; is appropriate far the given topography and vegetation;and is otherwise consistent with the road standards. 23 As noted above, the proposed road section accommodates the extreme topography without having to remove excess vegetation. The road will be 24 constructed of asphalt and the reduced width will reduce erosion and potential 25 erosion related hazards on the adjacent steep slopes.The proposed road section provides£or pedestrians and vehicle traffic, though it does not provide£or the required sidewalks on both sides of the street or appropriate bicycle facilities. Because this design will force bicycles to ride.against traffic and will have a Preliminary Plat p. 8 Findings, Conclusions and Decision �'X 4 G/z � I rolled rather than hard curb, a condition of approval will require the installation � 1 o£No Parking signs along the portion o£the road shoulder that functions as a 2 pedestrian path. 3 E. I ss/Earess. Ingress and egress to the preliminary plat is proposed from just one connection with NE Ridgepoint Boulevazd near the intersection o£SR 3_ 4 There are two new projects taking access from this same location.These include the subject plat as well as an apartment project called Olympic View 5 Apartments. The Applicant and the developers of the apartment complex have 6 jointly hired SCJ Alliance (Ex. J) to develop a traffic study for both projects. The SCJ Alliance study predicts the Olympic Ridge plat will generate 305 AM .� Peak Hour Trips and 141 PM Peak Houx Trips when both phases are constructed. The daily trip generation from the subdivision is projected to be g 1,340 trips for bothphases. The combined projects are expected to trigger the needs£or new a traffic signal at the intersection of SR 3 and Ridgepoint Blvd. 9 This intersection is within WSDOT's jurisdiction as it includes a state highway. 1 O Therefore,WSDOT will review the combined results from the two projects and determine the need£or intersection improvements.WSDOT will determine the 11 design, sequencing, and cost for the individual developers. A condition of � approval will require the intersection improvements to be in place and approved i 12 by WSDOT prior to final plat approval. 13 F. T ansit Stons. Mason County Transit was invited to comment on the project 14 but did not provide a response(Ex. 1,page 12). The record does not indicate if there is transit available proximal to the project. The project will take access I5 from NE Ridge Point Boulevard near the intersection of SR 3. The project will provide sidewalks for portions of Ridgetop Boulevard(north of Lot 119) and a 16 rolled curb south of that to the intersection with NE Ridge Poiat Boulevard(Ex. B2 and G). No off--site improvements are proposed.The distance from the end 1� of the pedestrian improvements to the SR 3 is less than a 4uarter mile. If transit 18 is available along the state highway,pedestrians should be able to reach it from the preliminary plat. 19 G. S h 1 Bus Stons. All children in the plat will be bussed off site to North Mason 20 School District schools. According to the Applicant's tesl3mony, there are 21 adequate places within the plat to provide for bus stops. This proposal is serviced by a full sidewalk network, which will allow children to safely walk 22 to the school bus. Currently the North Mason School District provides bus service to the intersection o£NE Ridgepoint Blvd and NE Creeman Ln(next to 23 the post office). As noted below in Finding o£Fact SI, the Applicant has been II working with the school district,but it is unclear at this time i£the sidewaffis 24 proposed by the Applicant will extend to the school bus stops that will serve the 25 project site. A condition o£approval requires the Applicant to demonstrate to the satisfaction o£staff prior to final plat approval that safe walling conditions will be in place for children walking to and from school bus stops that serve the project site. Preliminary Plat p. 9 Findings,Conclusions and Decision �x 4 iGJ zS 1 H. Sidewalks and Trails.The proposal is serviced by a full sidewalk network. The 2 project will take access from NE Ridge Point Boulevard near the intersection i of SR 3.The project will provide sidewalks for portions ofRidgetop Boulevard 3 (north o{Lot 119) and a rolled curb forming a pedestrian path south of that to the intersection with NE Ridge Point Boulevard (Ex. B2 and G). All internal 4 roads will have sidewaks on both sides. 5 The site is isolated from the rest of the Belfair UGA by topography as well as a 6 railroad track and a state highway. The only location accessible from the plat which does not necessitate traveling on SR 3 is the Belfair Station commercial 7 development at the bottom ofthe hill,which is also isolated(Ex.A).Connecflon from this site to the Belfair Trail network isn't feasible(Ex.T). 8_ MCC 17.35.020(5)(D) provides that the development should provide bicycle 9 pathways or routes,especially i£they connect with the planned community wide 30 trail system. As noted above, this project cannot feasibly be connected to a community wide trails system. Additionally, as described in Finding of Fact 11 No. SK, many areas of the project will have finished road grades approaching 14%, which is the maximum slope allowed for emergency vehicle access. 12 Though the provision of bicycle facilities is desirable,it is not strictly required I and, in this instance, will not provide a measurable benefit. As noted above, 13 non-motorized traffic will be able to circulate within the subdivision on a series � of sidewalks and will be able to reach SR 3 via the pedestrian path along 14 Ridgetop Boulevard. 15 i I. Schools.Tho development will be serviced by the North Mason County School 16 District.The North Mason School District has the right to seek mitigation fees from the developer. The staff report notes the District and the Applicant are 17 negotiating an agreement(Ex. 1,Page 2). A signed mitigation agreement with 18 the NMSD, designed to mitigate the proposal's proportionate share school impacts and recorded with the Mason County Auditor,is a requirement of Final 19 Plat Approval. 20 J. Police.The proposal will be adequately serviced by police services.The Mason 21 County Sheriffs Office provides 24-hour service to the Belfair Urban Growth Area. 22 K. Fire. As conditioned, the proposal makes adequate and appropriate provision 23 for fire prevention and response. 24 The North Mason Regional Fire Authority provides fire protection for the Belfair UGA.Two access points to the County road system are required.These 25 access points must provide for general circulation, alternate emergency vehicle access routes,through access,and general transportation design considerations. Because the preliminary plat is over 100 units, both of the access points must Preliminary Plat p. 10 Findings, Conclusions and Decision ern �! 11 /zS be full road right of ways (MCC 14.17.120). However,these standazds may be 1 modified by the Fire Marshal if the buildings are completely protected with an 2 automatic fire sprinkler system (MCC 14.17.130). By letter dated October 14, 2020 Mason County Fire Marshal Michael Six stated the County concludes that 3 two publicly available access points must be provided, or fire sprinkler system will be required(Ex.F). 4 This plat has one entrance and exit,which is via Ridgetop Blvd. The Applicant 5 has proposed an emergency vehicle access coming in from the north across the 6 Navy Railroad(Ex.B-2). The Applicant has acquired an easement from the US Navy (Ex. D). The easement agreement provides specification £or a built 7 crossing that will need to be installed and approved prior to£mal plat approval_ Though the Applicant has proposed a Fire Apparatus Access (Ex. B-3), the _ _ g_ access.does not meet the County requirement for a.full access route for general - circulation. 9 10 )n Ex.F,Fire Mazsfial Six also expressed several additional concerns.He noted there "has been ZittZe discussion on utilities however adequate ftre flow is 11 required." As noted in Finding of Fact No. SB, the water system availability, �� design and timeline have not yet been resolved. Belfair Water District#1 has 12 pledged to work with the Applicant and the Mason County Fire Authority during the installation of the utilities (Ex. K). The conditions of approval 13 require installation of adequate fire flow to the specifications of the Firc 14 Marshal and the Uniform Fire Code prior to final plat approval. I5 Marshal Six noted,the overall site design and layout arc consistent with other fire departrnent access needs including road width and turn-azounds;however, 16 a 6-{oot parking strip will encroach into the minimum fire depaztment access width. Marshal Six wants to limit street parking in order to ensure Fire 17 Department access.A condition o£approval requires the Applicant to designate 18 marked no parking fire access areas with the approval of thearartus Aaccess � consistent with MMC Chapter 14.17 Standard for Fire App 19 Roada. 20 Mr. Cokelet also expressed concems related to adequacy of fire protection and availability, specifically with respect to slash abatement. He is concerned that 21 adequate water should be available during construction to fight potential fires. 22 Additionally, he stated the roads should be is place to ensure access for fare equipment(Ex. P-4). Both roads and the water utility must be in place prior to 23 Final Plat Approval. The conditions of approval for the Applicant's forest practices permit,Ex P,p. 10,addresses fire safety during logging. I 24 25 L. Electric Utilities. As conditioned, the project will be adequately serviced by electric utilities. Preliminary Plat p. 11 Findings, Conclusions and Decision �X 4 iZ � � s The project will be served by Mason County Public Utility District #3_ On 1 August 7, 2020, Annette Creekpaum, Manager of the PUD provided the 2 following comment: 3 The PUD hereby provides notice that any new electrical Io¢d is subject to the PUD's capacity and¢btZtty to serve the load. All Applicants seeking to 4 connect to the PUD's edectric¢I system must comply wtth ¢II PUD service rules and regulations, including but not limited to She PUD's line extension 5 policy and system c¢p¢ctty fee(Ex.P3). 6 Due to the uncertainties of adequate electrical capacity,a condition of approval -I requires all electricity transmission infrastructure to be installed and approved by the Mason County Public Utility District#3 prior to final plat approval. 6. Ad ersa Impacts. As conditioned, there are no significant adverse impacts �� 9 associated with the proposal.As discussed in Finding of Fact No. 5,as conditioned,the 1 O Proposal provides for adequate infrastructure and is served by adequate public services. Specific issues ate as follows: 11 A. Gradins. As conditioned,no adverse effects from grading are anticipated. The j 12 project proposes significant grading of the ridge top but preservation o£steep slope areas.The Applicant propose to grade 36 acres of the 61.26-acre site (Ex. 13 R).The Applicant anticipates 117,11 O cubic yards of cut and 92,750 cubic yards 14 of fill for a total of 209,860 cubic yards. The final project is not expected to alter or redirect any surface water runoff. However, the project will provide a 15 storm drainage pond.The Applicant submitted a mass grading permit for initial road work. The street network and rough (mass grading) site preparation were 16 reviewed by the Mason County Building Department under permit # GRD 17 2020-00005 based on the Riley Group geotechnical report (Ex, NI) and the Preliminary Stormwater Drainage Report prepared by Apex Engineering (Ex. 18 U). The grading petznit was approved with conditions by Fred Perryman of Mason County Public Works (MCPW). Mr. Perryman's recommended lg conditions of approval are adopted in this Decision.A final grading permit will be issued at the time of civil review. 20 B. L nd Clearing. As conditioned, no adverse effects from land clearing az'e I� 21 anticipated. The Applicant propose to clear 36 acres of the 62.26-acre site (Ex. 22 B-4 and R). Land clearing will occur in geologically hazardous areas and/or their buffers adjacent to Tracts A and B and in the vicinity of Ridgetop 23 Boulevard. Land clearing in those areas is permitted when it is consistent with the recommendation and plans contained in the geotechnical report and 24 development approval. A condition of approval requires the Applicant to 25 implement the recommendations of the Riley Group Geotechnical Engineering Report (May 14, 2020) (Ex. N, Section 5, Pages 6-15), those of the Olympic Ridge Slope Stability Report(Riley Group, October 14, 2020) (Ex.N-S, Page 2) and the Permanent 5toxmwater Control Plan(Ex.U, Chapter 4). Preliminary Plat p. 12 Findings, Conclusions and Decision �X 4 i3 / zs 1 C. Drainage. No adverse impacts from storm drainage are anticipated. The 2 Applicant submitted a Preliminary Stormwater Drainage Report prepared by I Apex Engineering (Ex. i1). Public works staff have determined that the 3 preliminary drainage plan is consistent with the County's stormwater standards, which most notably require conformance with the 2012 Stormwater 4 Management Manual for Western Washington, as amended in 2014 and thereafter. The 2012 stormwater manual is designed to ensure that stonnwater 5 originating£rom the project site is limited to the volumes and velocities o£pre- 6 development, forested conditions. Detailed provisions are also included in the manual, as approved by the Departrnent of Ecology, to maintain acceptable -/ levels o£water quality. g. ffi.implementing the.requirements�f the 21112.manual,.drainage from the plat is proposed to be directed to a combination wet pond/detention pond for water 9 quality/quanflty control with discharge to the existing storm system at the 10 intersection with State Route 3. Runoff from the portion of the entrance road, Ridgetop Boulevard, that is lower in elevation than the plat storm system is 11 proposed to drain to an offsite storm system for an adjacent development by others. This system,which is presurrted to be existing,was sized to account for 12 the Ridgetop Boulevard drainage. The plat will add 16.7 acres of impervious area beyond the existing conditions. 13 14 D. G to � 11 H and a Areas. StafF have recommended conditions, adopted by this decision, that conform to the County's geologically hazardous arcs lg regulations. As brought into conformance with these regulations, the proposal is not found to adversely affect geologically hazardous areas. 16 I Site topography is comprised o£an eastern bench area and a western slope area, 17 with a total elevation change of about 150 feet from the topographic high in the lg east-central portion of the property to a topographic low near the southwest corner of the property. The eas;ern bench area slopes generally west at all ly gradients in the range of 5%to 15%. The western slope area is comprised of a generally west-facing hillside with slope gradients of generally 20% to 35%, 20 with slopes along several drainages increasing to about 40% to 50%. Portions of the road cut along the western property line in the southern portion of the 21 property have gradients of about 50%.A natural slope and fill slope for the rail 22 line are located in the southwest comer of the side, and descent at gradients of 40% to 50°/a (Nl and N5, Figure 3). Portions of the site meet the criteria £or 23 geologically hazardous areas due to slope with gradients over 40%. This includes localized areas along the drainages in the western portion of the site 24 and the southeast site comer, as well as road cuts along the western property line and railroad cuts in the eastern portion of the property. These areas azti: 25 generally to remain undeveloped and are preserved in Tracts A,B and F.There will be modification of the road cuts along the western property line near the proposed storrnwater detention facility located on the west portion of the site. Preliminary Plat p. 13 Findings, Conclusions and Decision The preliminary grading plan shows fills.on the top of the existing slopes on the 1 north and west sides of the site. I 2' Portions of the site are mapped as Alderwood gravelly sandy loam, 15-30 3 slopes and meet the criteria£or an erosion hazard azea.Most of the slopes in the western portion of the site as well as the slopes in the southeastern site corner q are erosion hazards. 5 The Geotechnical Report from the Riley Group(Ex.Nl)recomanends a 1 O-foot 6 buffer from the 40%or greater slopes. They further recommend no buffer from the cut on the railroad as this cut is into dense native soils. Finally, the Riley .� Group suggest building setback in addition to the buffers should be determined when the final grading plans are approved (Ex. Nl, Page 6). MCC g 8.52.140(D)(6)(b) imposes a.50-foot setback to geologically hazardous areas without exception. This requirement cannot be waived or modified on the sole 9 basis that reduction is recommended in a geotechnical report. A condition of 1 O approval requires the Applicant to provide 50-foot setbacks from the top of the Landslide Hazard Areas and show this setback on the face of the recorded plat, 11 unless the Applicant acquires approval o£a variance. � 12 E. Critical Areas., Beyond geologically hazardous azeas separately addressed above,no impacts to critical areas are anticipated. i 13 14 The site was surveyed by Ecological Land Services in May 2020 (Ex.M).The investigators did not Find any wetlands or other critical area habitat on site; 15 however,they did identify a type F-Stream just south o£the site. The stream is at least two feet wide and is situated on a grade less than 16% on average. The 16 stream has an associated 150-foot buffer plus additional 15'-£oot building 17 setback measured horizontally from the ordinary high water mark (MCC 8.52.170). The stream buffer extends north and east from the channel and 18 reaches into the southeast corner of the subject site. The buffer area has been set aside and is shown as Tract�in the plat map (Ex.B-2). 19 F. Arch 1 e' 1 and Cultural Resources. As conditioned, no adverse impacffi to i 20 archeological or cultural resources are anticipated. 21 The Applicant provided a Desktop Review and an Inadvertent Discovery Plan 22 prepared by SWCA Envixonuiental Consultants (Ex. O 1 and 02).The Desktop Review was reviewed by Dennis Wazdlaw of the Washington State Department 23 of Archeology and Historic Preservation (Ex. 04) and Shaun Dinubilo, Archaeologist far the Cultural Resource Division of the Squaxin Island Tribe 24 (03).Both the tribe and the state accepted the Desktop Review on the condition 25 the Applicant implement an Inadvertent Discovery Plan. A SEPA Mitigation Measure requires the Applicant to implement the Inadvertent Discovery Plan (Ex. 02, Cultural Resources Section 2,Pages 3-6). Preliminary Plat p. 14 Findings, Conclusions and Decision �x 4 isiz � I Mr. Cokelet testified his family had found a Native American hand scraper on 1 his property roughly 80 years ago and noted the project development should be 2 looking £or these artifacts (Ex. P4). A condition of approval requires that the Tribe and state be alerted to this discovery and that the mitigation£or cultural 3 resources be revised as necessary to account£or this added information. 4 G. Licht and Air. No impacts to light and air are anticipated.There is no evidence in the record that the proposed plat will have impacts to light or air quality 5 beyond those typically encountered during the construction phase of the project 6 (Ex.Pl).Ir. accordance with Mason County Code,the site will be watered, and the streets will be cleaned as necessary to reduce dust emissions during 7 construction. The light and glare of the finished project is not likely to be a safety hazard or interfere with views or wildlife. The lights from this project 8 will be shielded and.directed downward in order to limit potential.impacts. A condition of approval will require all lights to be downward facing and shielded 9 to prevent glare. 10 g. C m�tibility. As conditioned, the proposed plat will be compatible with 11 surrounding development. � 12 Most of the development is shielded from view by steep slopes or the navy railroad. The only potential conflict is with Mr. Cokelet's property, which is 13 zoned R-4, adjoining to the south.Mr. Cokelet requested the developer install 14 a six-foot-tall chain link fence from the southeast corner o£ Tract E to the southwest comer of Lot 30 (Ex. 10). This fence would match the fence that is j 15 already required by the Navy along the railroad (Ex. D). He asked that theK I "'� fencing along his property be contiguous with the Navy fence. The County 16 recommended installation o£ a three-foot-tall fence between the southwest corner of Loi 30 to the southeast comer of Lot 31, and then run parallel to the 17 NW boundary o£Tract E to the Navy fence (Ex. 5).The three-foot height limit �I 18 is required by�MMC 8.52.170.D.4 for fencing in critical areas and buffers. Any fencing outside of the critical areas and required buffers could be six-foot-tall 19 and match the Navy fence. As recommended by staff, a condition of approval requires the Applicant to construct a chain link fence from the southwest corner 20 0£Lot 30 to the southeast comer of Lot 31, and than run parallel to the NW boundary of Tract E to the Navy fence. The fence shall be three feet tall within 21 the critical areas and their buffers and six feet tall in all other areas. 22 As determined in the evaluation section of the staff report, the proposal is also 23 consistent with the design standards of the Belfair UGA, Chapter 17.35 MCC. This assures that the proposal is consistent with the aesthetic design parameters 24 envisioned by the County Commissioners, thus rendering it compatible in 25 design with all other new development in the Belfair UGA. Preliminary Plat p. 15 Findings, Conclusions and Decision � X � �c� iz CONCLUSIONS OF LAW I Procedural: 2 1. A th r'tv f Hearing Examiner. MCC 15.03.050(F) and MCC 16.04.050 3 provide that the Examiner will review and approve preliminary plats. 4 Substantive: 5 y. Z ine Desienation. The property is within the Belfair Urban Growth Area 6 in the Medium Density Residential(R-5)zone. � 3. R w Crite d A of £ n. MCC 16.16.060(2) defines the review 8 criteria£or Preliminary Plats. Applicable development standards are quoted below and --applied through-corresponding conclusions of law. 9 A general subdivision requirement (MCC 16.04.070) requires compliance with the 1 O Mason County Resource Ordinance MMC 8.52. However,MCC 852.190C requires a -7 11 separate environmental permit issued by the Community Development Director to _ impose conformance to the Resource Ordinance. It is unclear from the record whether 12 an environmental permit has been consolidated with the preliminary plat application for hearing examiner review or whether a public process authorized by MCC 13 8.52.190(C)(2)(b)(ii)has been invoked by the Community Development Director. The fact that staff recommended conditions includes a buffer requirement for the steep i 14 slopes o£the project creates this uncertainty. Consequently, if the Director is in fact 15 issuing a separate environmental permit,the findings,conclusions and requirements of that separate envirorunental permit shall supersede any conflicting findings, 16 conclusions or requiremenffi issued by this Decision. If no separate environmental permit is being issued, this Decision should be construed as approving such a permit 17 with one condition, since conformance to the County's Resource Ordinance has been amply demonstrated in the geotechnical report and critical areas survey prepared by the 18 Applicant,found to comply with Resource Ordinance requirements by staff. 19 The oae condition for a finding of conformance to the Resource Ordinance is approval 2O of a variance to the 50-foot steep slope buffer imposed by MMC 8.52.140D6b. The Applicant propose aten-foot setback, which is not authorized by MMC 8.52.140D6b 21 without a variance. The hearing before the examiner was not advertised as including a Resource Ordinance variance and the staff report does not include any analysis of a 22 _ For these reasons, application and approval of a Resource Ordinance 23 variance made a condition of approval if the Applicant wish to retain the 10-foot s s ope setback_ 24 MCC 16.Y6.060(2)(A): The hearing examiner shad?consider the preliminary pdat at �i 25 the next regularly scheduled public hearing after the expira8on of the sixty days required in Section I ti.I6.O10 and shall render a decision on such plat withlnforty days i of the public hearing at which the plat is ftrst considered unless written permission is Preliminary Plat p. 16 Findings, Conclusions and Decision I �x it � -1/ZS � given by the applicant fora longer period of time. Prior to approval the hearing 1 examiner shall make written findings th¢t: 2' (A) the preliminary plat makes appropriate provisions for public health, safety, and 3 gener¢I we fare and for open spaces, drainage ways, streets or roads, light and air, ingress and egress, transit stops, sanitary wastes, parks and recreation areas, 4 playgrounds, schools and schoolgrounds, and a!Z other relevant facts, including sidewaZZrs and other pZanningfeatures th¢t assure safe walking for students who only 5 wadk to and from school; and 6 q, As conditioned, the preliminary plat makes appropriate provisions for 7 public health, safety and general welfare because it conforms to the County's development standards as outlined in Finding of Fact No. 5 and the staff report while - _ 8 also-not creating any adverse impacts to-adjoining-property owners as-determined in Finding of Fact NO. 6 As conditioned, the project will provide adequate facilities for 9 sanitary waste (See FOF SA); water (See FOF SB); parks, recreation areas and open 10 space (See FOF SC); school and safe routes to schools (See FOF SG,H and I); transit stops (See FOF SF); streets, sidewallcs and roads (See FOF SD and E); police and fire I 11 (See FOF SJ and K); and drainage facilities (See FOF 6C). No adverse impacts to the air or from light are anticipated(See FOF 6G).This criterion is satisfied. 12 MCC 16.16.060(2)(B): ahe public use and interest will be served by the platting of 13 such Zand. If it fsnds Ghat the proposed subdivision and dedication makes appropriate 14 Provisions and the public use and interest will be served, then the hearing examiner may approve the preliminary plat outright or conditionaTZy. The public interest shall 15 not include the regulatory taking of any contractual rights, options, or any other third- party Interest in Zand, which if the preliminary plat were approved, may render such 16 interests valueless. In such case, the hearing examiner may deny the preliminary pT¢t 17 until such interest is removed from the property which is the subject ofthe preliminary plat; 18 9. The public use and interest will be served by the platting of this land. As � 19 noted in Conclusion o£ Law No. 13, the proposed subdivision makes appropriate provisions for infrastructure and services.The natural environment will be protected as I 20 described in Finding of Fact No. 6. There will be no regulatory taking of contractual 21 rights,options, or any other third-party interest in the land. The proposal is consistent with the Mason County Comprehensive Plan in that it allows single-family 22 development in the Belfair Urban Growth Area consistent with the Belfair Zoning and Development Regulations and the Belfair UGA Neighborhood Development 23 Regulations (Ex. 1,pages S and 12). This criterion is satisfied. 24 Additional Review Criteria 25 MMC 15.09.050(C)Type III review Preliminary Plat p. 17 Findings,Conclusions and Decision �X 4 1 S �zs � (I) The development does not conflict with the comprehensive plan and meets fhe 1 requirements and intent of the Mason County Code, especially TYtZes 6, 8, and I6. 2' 6. The proposal is consistent with the Masan County Comprehensive Plan in 3 that it allows single-family development in the Belfair Urban Growth Area consistent with the Belfair Zoning and Development Regulations and the Bel£air UGA 4 Neighborhood Development Regulations (Ex. 1, pages 8 and 12). As described in Finding o£Fact No. SA and as conditioned,the project will comply with Title 6 Sanitary 5 Code. As described in Conclusions of Law No. 3 and Findings SD and SE, and with 6 the issuance of the associated mitigated detem�ination of nonsignificance, Ex. Pl, the project as conditioned will comply with Title 8 Environrrrental Policy. As described in -Z Findings of Fact No. 4-6 and Conclusion of Law No. 3-5, the project as conditioned will comply with Title 16 Plats and Subdivisions. As conditioned, this criterion is 8 satisfied. 9 (2) The deveZapmenidoes not Impact the public health, safety and welfare and is in the 10 Public interest. 11 7. As determined in Finding of Fact No. 6, the proposal does not create any adverse impacts to adjoining property owners in that it provides for large protected 12 slope areas (Tracts A, B and G), protection for an off-site stream (Tract E), and is compatible with adjacent development (See Finding o£Fact 6H). As determined in 13 Finding of Fact No. 5, the project as conditioned makes adequate provisions For 14 infrastructure and services. As a result, the development does not adversely impact public health,safety and welfare and is in the public interest. IS (3) The development does not lower the ZeveT of service of transportation an or 16 neighborhood park facilities below the minimum standards estabZtshed within the 17 comprehensive plan. If the development results in a Teve1 of service lower than those set forth in the comprehensiv¢pTan, the developmenf may be approved ifimprovements 18 or strategies to raise th¢ ZeveZ of service above the minimum standard are made concurrent with the development. For the purpose of this section, "concurrent with the 1g development"is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or 20 strategies within six years of approval of the development. 21 8. Staff has determined that the proposal will not lower level of service below 22 adopted levels and there is no evidence to the contrary (Ex. 1,Pages 2-7). 23 DECISION 24 The proposed preliminary plat design as depicted in Ex. B4 is approved subject to the 25 following condiflons: 1. S h 1 Miti Lion: Preliminary Plat p. 18 Findings, Conclusions and Decision P,,� �}- 1� / z s a. Prior to Final Plat Approval, the Applicant will provide the County with a 1 copy of a signed mitigation agreement between the developer and the North Mason School District.The agreement shall, specify the amount and fining 2' of school impact mitigation payments to the NMSD on a lot by lot basis. If 3 the Applicant and NMSD are unable to come to agreement prior to Seal plat approval,staff shall impose proportionate share mitigation that conforms to 4 RCW 82.02.020. Staffls determination shall be issued as an administrative determination subject to hearing examiner appeal. 5 6 b. Prior to Final Plat Approval, the Applicant shall demonstrate to the satisfaction of staff that safe walking conditions will be in place for children 7 walking to and from school bus stops that serve the project site. _ 8. 2. Firc_Code: 9 a. Per MCC 14.18 fire flow is required at 1,000 GPM minimum at 30-PSI 10 residential pressure and fire hydrants are capable of delivering 1,000 GPM for 2 hours are required. Hydrant spacing will depend on sprinkling and 11 will be resolved prior to Final plat approval. Hydrants to be in place and serviceable prior to final plat approval. 12 b. If residential sprinkling is required, the following note shall appear on the 13 plat£or both phases: Fire Sprinkler Systems are required in all residential 14 structures. 15 c. The following note shall appear on the plat for both phases: No Parking signs may be applied to any and all parts of the access roads in order to 16 ensure emergency access as found necessary by the Fire Marshal. 17 d. At final plat approval a finding must be made that the street network meets 18 MCC 14.17.120 or is miflgated by conforming to MCC 14.17.130. -- �- 19 3. Storm at Oo tion d Maintenance:Prior to final approval, an Operation and Maintenance Covenant for stormwater facilities shall be completed, 20 notarized, and recorded with the County Auditor's Of£ce. A copy of the 21 recorded Operation and Maintenance Covenants shall be delivered to Public Works and the Planning Department£or their files. 22 4. Dust Control:The Applicant shall provide dust control throughout construction 23 of the necessary improvements for this proposal. Dust control measures shall include limiting disturbance to needed improvements including phasing of 24 development, and watering of disturbed areas if dust levels become excessive. 25 Long term control o£particulate emissions will include permanent restoration of disturbed areas including seeding and landscaping of roadside swales and storm water retention facilities. Preliminary Plat p. 19 Findings, Conclusions and Decision c�>c4 2a /zs 5. Water uali and Tem or Stormwater and Erosion Control: 1 2 a. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 Water Pollution Control, and WAC 3 173-201 A, Water Qualify Standards for Surface Waters of the State of - I Washington and is subject to enforcement action. 4 b. Erosion control measures must be in place prior to any clearing,grading, or 5 construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water 6 or storm drains that lead to waters of the state. Sand,silt,clay particles, and .� soil will damage aquatic habitat and are considered to be pollutants. _ g. c. Pxoper disposal of construction debrismust be on land in such a manner that debris cannot enter the natural atormwater drainage system or cause water 9 quality degradation of state waters. 10 d. During construction, all releases of oils, hydraulic fluids, fuels other 11 petroleum products,paints,solvents and other deleterious rnaterials must be �'� contained and removed in a mattner that will prevent their dischazg¢ to 12 waters and soils of the state. The cleanup of spills should take precedence over other work on site. i 13 14 e. Coverage under the National Pollution Discharge Eliminaflon System (NPDES) and State Waste Discharg¢ General Permit for Stormwater 15 Discharges Associated with Construction Activities is required for I construction sites which disturb an area of one acre or more and which have 16 or will have a dischazge of stoxmwater to surface water or a storm sewer. An application can be downloaded from the Depaztment o£ Ecology's 17 website at: 18 http://www-ecy-wa.gov/programs/wq/stoimwater/construction/#Application. 19 £ Soil in stockpiles should be stabilized or protected with sediment-trapping 20 measures to prevent soil loss. All exposed areas of Final grade or areas that are not scheduled £or work, whether at final grade or otherwise, shall not 21 remain exposed and un-worked for more than two days,between October 1 22 and April 30. Between May 1 and September 30, no soils shall remain exposed and un-worked for more than 7 days. 23 g. A permanent vegetative cover should be established on denuded areas at 24 £mal grade i£they are not otherwise permanently stabilized. 25 h. Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use o£buffers or other perimeter controls, such as£alter fences or sediment basins. Preliminary Plat p. 20 Findings, Conclusions and Decision �x � � t /z 1 i. Cut and/or fill slopes should be designed to minimize erosion.Methods such 2 as slope roughening,ten-aces, or pipe slope drains,may be used. 3 j, Provisions should be made to minimize the backing of sediment by construction vehicles onto paved public roads. If sediment is deposited, it 4 should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has be shoveled or swept. 5 6 lc Source control Best Management Practices (BMPs) such as plastic covering, mulch, temporary seeding, and phased clearing (for example) .� should be used to control erosion during construction. More examples of effective source control BMPs can be found in the Department oFEcology's _ g stormwater management manual, Stormwater Management. Manual for Puget Sound(2012). 9 1O 1. A full drainage report in conformance with County standards shall be approved by Mason County Public Works prior to final grading and final 11 plat approval. it 12 m. Any storm water or drainage issues that arise as a result of the Applicant's activities shall be corrected by the Applicant as approved by Mason County. 13 14 n. Compliance with an approved Storm Water Plan shall be subject to an on- site inspection, or inspections, by the engineer of record or an authorized 15 representative. Said inspections) shall be performed in accordance with the approved plan, and prior to any modification that would make a 16 determination of compliance impossible. 17 0. Inspection reports and as-built drawings shall be submitted to verify all 18 engineering requirements have been completed in accordance with the approved storm water plan.Reports shall be submitted to the Mason County 19 Department o£ Community Development poor to each corresponding inspection and fmal petxnit approval.Copies o£all special inspection reports 20 shall be made available at time o£inspection. 21 6. HOA Documents: Copies o£Homeowner's Association documents that specify 22 responsibility for the maintenance of open tracts and private roads and facilities shall be recorded with the Mason County Auditor prior to final plat approval. 23 7. Street Names: Street names shall be approved by the Mason County Addresser, 24 prior to final approval. 25 8. Util"t Installation: All utilities, including sewer lines, shall be installed underground,to County and State specificaflons,prior to final plat approval. Preliminary Plat p. 21 Findings, Conclusions and Decision �x 4- `zZ� zs i 9. C tntxi 'tv Fences: Maintenance and repair of all community fences and ' 1 amenities shall be the responsibility of the Olympic Ridge Homeowners Association. This shall be reflected in final covenants. � 2 3 10. tre li ts:Maintenance,operation and repair o£any @all streetlights shall be the responsibility of the Olympic Ridge Homeowners Association. This shall q be reflected in the fmal covenants. All lights shall be downward facing and shielded to prevent glaze. 5 6 11.Water Lines:Resulting building lots shall be physically connected to the Belfair Water District#1 system prior to Final plat approval. 7 12. Str et Imn vements:All street improvements shall be constructed as approve 8 _ - prior to final plat approval of each phase. 9 13.Access: Final plat approval shall not be granted until the Washington State I O Department of Transportation signs off on the completed Ridgepoint — SR 3 intersection improvements. 11 14.D iv av G as and Porches: Consistent with the Belfair 12 Neighborhood Development Regulations 17.35.020.2: 13 a. Driveways and vehicle circulation pavements shall be the minimum 14 size, necessary to accommodate vehicle storage and circulation. The county may require that pavement dimensions be modified to reduce 15 impervious surface. Applicant is encouraged to use pervious materials, where feasible,such as split pavements with Lawns or unit pavers in the 16 center of the driveway. I 17 b. The following note shall appear on the face of the plat for both phases: 18 Garages visible from the street shall be setback five feet further than the front wall o£the house facing the street. 19 15.W sh' uto St to D t o{Health:Final plat approval shall not be granted until 20 the.Washington State Department ofHealth has approved the water distribution 21 system. 22 16. Ti W� d f F' 1 An oval: Final plat approval for both phases must be completed within five years ofprelixninary approval.However,request for one- 23 year extensions are allowed as provided for in Mason County Title 16.16.060<4�. 24 17.N P kin n Pr mare C llector:The Primary collector portion Ridgetop Blvd 25 shall be posted for"No Parking". 18. G 1 llv Hazardous Areas. Preliminary Plat p. 22 Findings,Conclusions and Decision `�xt_l z3 Jz� 1 a. Excluding the zeduced setback recommendations for landslide hazard areas, 2 the Applicant shall implement the recommendations of the Riley Group Geotechnical Engineering Report(May 14, 2020) (Ex.N, Section 5,Pages 3 6-15), those o£the Olympic Ridge Slope Stability Report (Riley Group, October 14,2020)(Ex.N-5,Page 2)and the Permanent Stormwater Control II 4 Plan(Ex.U,Chapter 4). 5 b. Land cleazing for which a permit has been obtained shall not be allowed 6 during the wet season, i.e., from October 15 through May 1, unless special provisions £or wet season erosion and landslide protection have been .� addressed in the geotechnical report and approved by the Director. g c. All downspouts shall be tight.lined into the stsrmwater system to avoid drainage towards the geologically hazardous areas. 9 10 d. The Applicant shall provide 50-foot setbacks from the top of the landslide hazard azeas and show this setback on the£ace of the recorded plat.A notice 11 shall be placed on the title of each affected lot identifying the presence o£ i the Landslide Hazazd Area Buffer and Building Setback. The setback may � 12 be reduced as authorized by approval of a Resource Ordinance variance. 13 19.Fencing. The Applicant shall construct a chain link fence from the southwest 14 corner of Lot 30 to the southeast comer of Lot 31, and then run parallel to the NW boundary of Tract E to the Navy fence. The fence shall be three feet tall I5 within the critical areas and their buffers and six feet tall in all other areas. 16 20. Sewer Collection and Treatment.All sewer infrastructure shall be installed and 17 approved to County and State specificaflons. with adequate capacity to serve the phase under consideration, prior to final plat approval. In lieu of 18 installation, County staff may approve security as authorized by MCC 16.20.080 if County staff detem�ine that such installation can be completed 19 within two yeazs in conformance with County standards with adequate capacity. 20 21.El tri Utilities. All electricity transmission infrastructure shall be installed 21 and approved by the Mason County Public Utility District#3 prior to final plat approval. 22 22 Arch loe' al and G�ltural Resources. The Applicant shall implement the y3 Inadvertent Discovery Plan(Esc- 02,Cultural Resources Section 2,Pages 3-6). The Squaxin Tribe and Washington State Department of Archeology and 24 Historic Preservation shall be alerted to Mr. Cokelet's artifact discovery to ascertain whether any further cultural. resource mitigation is necessary as 25 determined by County staff. Dated this 1st day of December 2020. Preliminary Plat p. 23 Findings, Conclusions and Decision I �,� c.� z ter-/z s 1 C� � r� 2 Phil A. Olbrechts Mason County Hearing Examiner 3 `�' Appeal Right,Reconsid¢ration and Valuation Notices 5 This land uae decision is Final and subject to appeal to superior court as governed by 6 Chapter 36.70C RCW. Appeal deadlines are short, and procedures strictly construed. 7 Anyone wishing to file a judicial appeal of this decision should consult with an attorney to ensure that all procedural requirements are satisfied. $ Affected property owners may iequest abliange in valuation for property tax purposes 9 notwithstanding any program of revaluation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Preliminary Plat p. 24 Findings, Conclusions and Decision �x 4 2 s / zs I Notes regarding Hearing Examiner Phil Olbrechts Finding of Fact, Conclusions of Law and Final Decision dated Dec¢mber 1, 2020. This afternoon Planning Administrator Kell Rowen and 1 reviewed the attached Hearings Examiner approval document.The Planning Depa riment recognizes chat the document contains a number of flaws be they typos or Inaccurate statements(pa rticula rlY in the Testimony section),however the most important porno ns of the document;the Conclusions of Law and Decision are good enough. However, 1 wilt provide some unofficial commentary on the document. Page 1:5ldewalks are not along the boundaries of the plat. Page 2:There are no County roads involved in this project.Tracts A, B and E will not be developed.The Cokelet property Is zoned residential but is undeveloped.As far as 1 know,the apartment complex will not access on to Ridgetop Blvd(see Page 3).PUD 3 will be providing electric service. Page 3: Mr.Cokelei did not say that there are Indfan artifacts on his property, he Bald that an artifact was found on his property in the 1940s. Page 4:There is no Ex2. Ex appears to be a description of Ex 3-Ex 10 (attached). Page 6:Tracts A, B and E. Page B:The County does not endorse bicycles riding against[rafFlc. Bicycle traffic shoultl follow She same traffic rules as other modes of tra nsportaiion. Page 10: As far as I know,the Olympic Ridge sidewalk system does not extend any further than the post office.The Hearings Examiner may be confused about which portions of the sidewalk network have a rolled curb and gutter or not(see Exhibit G).The Hearings Examiner's comments do not amount to a condition of approval. Page 14:The buffer for She F-Stream is Tract E, not Tract F. Page 15: Noted that 1 need to forward Mc Cokelet's comments to DAHP and the Sq uaxin Tribe. The County never recommend athree-foot fence between the project and the Cokelet property.To clarify, the entire length of this fence will be outside the habitat buffer and therefore will be sIx feet tall per the Hearings Examiner condition of approval. Page 16: Resource Ordinance Variance was never considered as all lots can meet the 50' setback from the mapped LSHAs. �� Michael MacSems, 12/1/2D20 �>c 5 � t /z-`F MASON COUNTY DCO SEPA COnY2lGY LISP Segt SEPA 2G -"z S to(chacK all that apply)on ��ZS� �y : Skokomlah Tribal Nation,Nat Ras.Oapt. � WA Department of Commerce ATTN:Julian Sammons ravlewleem(�commerce.wa.gov N 54t Trlbal Cenlar Rtl..Skokomlah Nation,9H584 Q U.S.Army Corps of Engineers jsammons�skokomisfi.org SEPA Revlawery Samantha Stanford dsartf�skokdmlosh.org PO Box C�y55,Seattle,90124 dSkoKomiah Trlbal Historic PreservaBon Officer � Samantha.M.Stenford�usaca.arrny.mil ATTN:Kris Millar WA Oapt.of,Flah and Wildlife HO N Tribal Canter Rd,Skokomiah Nation,96684 ^ SEPAdesk�dfw.wa.gov ahleneyl @skokamish.or9 1� WA Dept.of Fish and Wlidlifa pulneWt Indian Netlon ATTN: Chris Waldbillig ATTN: Mark Hobbs 450 Port Orchard Bivd,Su{ta 290 PO Bqx t69,Tahcla,BB58'] Port Orchard,WA 98388 mmobba@geinaulibm O Ch{is.w.aldbillig@tlfw.wa.goy _ .. .I ' ®� Squaxin Tribal Nation,Natural Ras.Dept WA OepE of FISM1 and VYIId9fa 2952 SE Old Olympic HWY,Shelton 98584 ATTN:Noll S[elnwag ' Jdicklson�squaxln.ua 'Habitat Biologist emarbat�squaxin.us nail-steinweg@dtw.wa.gov. zenlawski@aquaxln.us Q WA Dapt.of Fiah antl Wildlife sdinubilo�squaxin.us ATTN: Oarrin Heaters Q The Confaderetad Tribe of the Chehaila 460 Port Orchard Blvd.Sulta 280 ATTN:SEPA R -i w r-Glan Connelly Port Omharcl,WA 98386 q20 HOJuanut Rd b kvllla,9HSBB Oanin Masters@tlfw,wa.gov gconnelly@cbehallAtriba.org Q WA Dapt of Fish and V1/Ildlifa WA ONR.South PUBet Sountl Ra91on "ATTN: Allison Ccok 850 Farman Avanua N,Enumclaw,98022-92H2 -(Habitat Biologist-S Pvge[Sound Walarshetlj aouthpugai.ragion@tlnnwa.9w TI t t Washington S[SE,Olympia WA,9860t VYP.UNR,Aquatic Resources /'allison.cook@dfw.we.gnv PO BOJ(4y027.Olyrtipte.98604-T029 r/1 WA DapY.of Fish and Wildlife WA DNR,SEPA Center YJ ATTN: Adam Brown �� /�- ATTN:Exfarnal Coordinator Habitat Blol al �T PO BOX 4TOt5,Olympia.98504-70'IS 450 Part Orch Blvd.Sulta 280 p ntar(�d .gov edam bra @dtw wa gov Olympic Rsgi n Clean Air Agency � �WA❑ pt of TransporfaBon I ATTN Leure WhYbraw ATTN pale Severson 2840 B Limllad LP NW,OIYmPIa.86502 'p.0.B 4T440,OIYmPia 9B5O4-i440 �lauran whybraw gQorgea.org OF:SEPA REVIEW@wadot wa.BOY // Mason County Transit O City of Sheltmr ATTN:Oenatla Brannln ATTN:Jesan pose T90 E Johns Prairie RQ Shelton,88584 525 WOst COF St.6balton 98584 dbrannin�mesontransitorg M adn co ty PIIO#f 1 sand@ - h It_n. _, _ ATTN:Oa 1 Hell Q Port f Sh It N 2t 9Tf Hwy 90t Sheila, .9BSB4 ATTN B d n P I er derinh(�mas n ppd'1 urg 2t W tS d r o Way Shalt 985H4 Me Co ty PUD#3 �Br.nd P@p_rt f halt m ATTN K' tl F h O p't fA n 1 BY S.HI t ri P atlon k 1 tin fro h((�maao pud3.Org P O. 6 48343 Oly pl 98504 8343 WAD Partin t f Ec Id9Y SEI'oA@d hp wag v_ En Ironm nisi R law 6 lion Q -T P bli UBIIU R al Property services PO B6)(4TT03,DlymPla, 98504-y703 ATTN Da L tta an 1 s pareBist r@ cY we�9 `� 362H S 3511t 8t T wma� 98409-3f B2 �dlett r [o3.ity ft qm_ore Wpp p tmen[ (Health Mason Cly P.W.ATTN: AT"iN.J Laxso joa.laxso Qdoh wa gov Q Mason Cly E.H.ATTN: Other: LI S 1`1�vt/ Q Mason Ciy Bldg ATTN: A ®k�anh PP school District: He oco last upaataa as an72o MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES � DETERMINATION OF NONSIGNIFICANCE (WAC 19�-11-340) SEP2020-00025 Description of This SEPA is associatetl with an application fora 142-lot Proposal: single family residential subdivision In the Belfair Urban Growth Area on two parcels totaling 50.05-acres In size, as well as a Grading permit For 209,860 cubic yards and a Class IV General FPA(logging Permit).The plat will be reviewed and approved in two phases.Preliminary approval by the Mason County Hearings Examiner and Final plat approved by the Board of County 2ommissioners.The site Is an isolated topbgraphical bench bountled by steep slopes above SR 3,the Navy ' railroad,and a canyon with an F-stream.Access is from SR 3 via NE Ridge Point Blvd.The design may need modifications to comply with R-s design criteria and LSFIA setbacks.The County has reviewed a geo-technical I report and a wetland determination and found them to be complete.A desktop review for culkural resources Is under review as is an engineered stormwater plan for the development activity.The applicant is working with WSDOT on access Improvements to SR 3.Copies of reports available upon request.No other critical area issues. Proponent: Overton and Associates Location of Proposal: Sec 28,Twp.23N., Rng.iW.,W.M. Parcel Number: 12328-21-00000 and 12328-24-00000 Legal Description: Portion of NW'h,5 28,T 23N.,R 1W.,W-M. Direc[fons to Site: SR 3 To NE Ridge Point Blvd,follow To end. The Lead Agency for this proposal has determined that It does not have a probably significant adverse impact n the envlronman[.An Environmental Impact StateMent(EIS)Is not required undef RCW 43.21C.030(2)(c]. This decision was made after review of a wmpleted Environmental Checklist and other information on file with[he Leatl Agency.This Informatlnn Is available tp [he public upon request. Please contact Michael MacSems at ezt.SV 1,p mmsN?co.mason.wa.us with any quertlons.This DNS Is Issued under WAC 197-31- 34D(2).Th¢ Lead Agency will nbt acC on tM1ls proposal for 14 days from the date shown below,when Me determination is final.Cpmmem:s musx be sgbmittetl[p Dept.of Community Development,635 W Alder Si, Shelton WA 9a584 by a/14/2D20.Appeal of this determination must be filed within a 14-day period following this final determinatipn date,per Masan Couniy Code Chapter 15.11 Appeals. 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'_6othe'll,wasningcan saoln Slopes and Geology OS/2020 Phone:425.415.0551 2020-007-1 RILEYGROUP Pax•a25.ais.osit Add r¢ss:State Highway 3, Belfair,Washington 9g52 2x S ©s/24- I' _ _ _._.. ._-_ '� � � 3 _� m Jam. --_ l� m N t7i l � ¢ rn d.. _ � � _ - .�,. �: -- _ =:�+s �a - - ��uW --__. \ o �" � � � - F - t ) 1 `-sr y �a�y� c�i K�U 6 \ � ��=� E ,%� SITE �3^c e � a�no � �� ,yam- .. � g air � N _� C J rr) e �_ Tax Parcels TOercals(Zoom in to t:30.000) DNR Water Coursoa Gi Fmh 3 8 — Nnn-flesh � Hydrology 36o.'alinea of the Steta � DNR Wetar Bodlaa --- Unknown - Flesh -- Wntme with�w type d®signation ' 5@ -_�� Nan-fisb Natbnel Wetlands InvmrtorY(HYParllnk¢dJ .Yi � Slmrallnoe of tba States ® o F�3 Watara with no tYPe d¢al9netian N 6 W o E N� NOTEL81: � t. 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"'e�� .��cs++'3r+r4' 'rr'�."�� ^`^r'�t`wi`'h K 1°' a T` �� ���..ppyy��� i1 �� ^L4 K i J JAL� y \ � ��� as-j�� t � )21E`.� 1' TY� � -. 4"5� E a ' .4 r"�S 4iC � w21 T f � � S ,iF�G 1� III I� ' i '� ,- ,. t .. ._ .. :,y s� v�'3 �o - � s G ly�y m.� J:f'rrfy � ��r--� - �X S C��i /z�} . _��� SCJ OcLL1ANCE CONBULTIN6 SERVICEH Technical Memo To: Cheryl Ebsworth,Senior Planner,Apex Engineering From: Aaron Kn{ght, PE Dat¢: May 19,2020 Project: Olympic Ridge SFR—Harbor Custom Development Subject: Trip Generation Summary , SCJ Alliance(SfJ)is in the process of preparing a Yraffic Impact Analysis(TIA)and Intersection Control Evaluation (ICE)For the Olympic Ridge Single Family Residential and Olympic Vlew Apartments projects located near the Intersection of Rldgepof nt Blvd and SR 3 In Belfalr,WA.As It is anticipated that boih projects may follow similar timelines for completion,It has been the intent of the Developer to prepare traffic analysis and WSDOT permitting documentation(due to impact on SR 3)for both projects simultaneously.At the request of Apex Engineering,the site Engineer for both projects,50 has performed a trip generation summary For two phases of single family residential development{n support of their SEPA documentation. The prepared trip generation, along with the trip generation of the OlYmpie View Apartments project will be combined and evaluated in the TIA and ICE. w.rau.. aanatPmn DlatymnnPn tal Tap. BIM PIen DezwlpDon ITE veswipllon Vanv4ln Velua THp Paee ql In4e Femlly wts lPhnse ll VC ^81a Famlry NPuzlne unl[s SB.O OH.7q Zs% Ts% 9 26[ Ta> 14n61a FomllY Lols Pbaze 2) 23D Snale Femll Heuslne Vnhs 92.D 5% >5% 1> 51 88 2fi yB ivs otal pMMvl N,wr Tzzp6 vlgnbuabn tel Tzipa Blza Plvn vecctlptlen^ rtE Dexvlp[lon Varia4le Value � Pa In- tel Slr,nle Family tots(phvo l) 10 91ng1e FwmPY HPuzln9 Unlis 50.D Y,99e 69% o% 31 v19 T6D mIl tMf Pbaze2 230 3n Ie Femll NOYaIn Unl[F H2.D 0.99 63% 9>% 5> 39 B3 Ha 58 391 Totvl F W lhTzt)6as,atlen vlattlbutlen T,IPz c,IPalan ivble alu T,(P nale In aol site Pbn ve¢rlp[lon VC ITE vex Vn, ue n Oue Ie Fnmlly ion lPhase l) 230 Sngle Family Heuzing Vnhs 9.44 50% 50% 6 36 $Ingle famll L z phnae2 21D Sln Ia Femll Houzlne Unlu 9A4 50% 434 439 86B Totvt 6TD 1340 8930 Tallan Lan¢ NE, Sutfe 200 • Lacey.WA 98516 a Office 360-352.1465 • Fax 360.3521509 • scfalllanc¢.cOm S � � � z o - z s o�,�vl-, p,� �;d'1y� -�-Jt-� �x � rP )d/z�{ CONDITIONS For FPA 2020-00007 1.ARCHAEOLOGICAL RESOURCES Archaeological or historical resources,such as ruins,sites, buildings,artifacts,fossils,or other objects of antiquity that may have significance from'an historical or scientific standpoint,which may be encountered by the developer/contractor,shall not be further disturbed. If the developer/contractor encounters any such artifacts, he/she shall immediately stop work and follow the Inadvertent Discovery Plan prepared by SWCA Environmental Consultants and notify Mason County and the Washington State Department of Archaeology and Historic Preservation. Failure io do so may result in civil penalties. 2. STORM.WATER gr EROSION CONTROL Escape of silty water or mud from this property shall be considered a violation of County and State storm water management regulations and could subject the applicants)to civil fines or penalties.This project is represented as meeting the 2012 Dept. Of Ecology Stormwaier Manual as well as MCC 14.48. Before permits can be approved, Mason County must approve the submitted plan. 3. HOURS OF OPERATION Noise associated with this application shall not exceed what is allowed under Mason County Code 9.36. Harvest operations shall stare no earlier than 7:00 AM and shall end � before 8:00 PM on a daily basis. � 4. SLASH ABATM ENT This Forest Practice Application indicates that forest debris resulting from the proposed logging operation may create an extreme fire hazard under RCW 76.04.600 and WAC 332-24-650.An extreme fire hazard could 6e created if one or more of the conditions found in WAC 332-24-650 is located within 100 feet of the running surface of a public road; or is within 500 of an existing structure and/or designated public use area,which is not owned by the owner of the fire hazard area. The landowner is fully liable in the event of fire,if he or she fails to appropriately abate the hazard. Extreme fire hazards shall be abated by removing the Forest debris, or by other means approved by the Washington State Department of Natural Resources (DNR).Assistance with creating an abatement plan can be obtained by contacting the DNR. 5. CRITICAL AREAS SETBACKS Per MCC 8.52, logging and ground disturbing activity shall observe all required critical area setbacks including a 150' F-Stream setback and the prescribed LSHA setback recommended in the Riley Gro up's Geoiechnical Report#2020-007-1. z�. S �' l l /z�}- . SEP Zo2�- o0o as -�_ Ptrt 2a2o -Goo I SEPA ENVIRONMENTAL CHECKLIST v�'p zczo - o00 oS r�/�- zozo —uaoo? Purpose of checKlfst: Governmental agencies use this checklist to help determine whether the anvironmantal impacts of your proposal are significant.This Information is also helpful to determine if avallabls avoidance, minimization or compensatory mitigation measures will address the probable significant impacts cr if an amrlronmental impact statement will be prepared to further analyze the proposal. lnstructlo»s for app/!cants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question-accurately and oarefully,4o the bast of your knowledge. You may need to consult with an agency specialist or private consultant for soma questions. Yo ma us "n t applicable' or d es of pl 0 1 wh n u n la' h it d e of poly end not wh th an wer s unknown. You may also attach or incorporate by reference additional studies report C mplet and c rat answers to these questions often avoid delays with the SEPA process as wall as later in the dacision- making process. Tha checklist questions apply to all Darts of your or000sal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its anvironmantal affects. Tha agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may ba significant adverse impact. I lnsfructlons for Lead Agencies: � Please adjust the format of this template as Headed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. Tha checklist is considered the first but not necessarily the only source of information needed to responsible for the completeness and a curacoy of the checkiss d ndrothertlsupport ngedocuments gancy is Use of ctaacK!!st for nonproJact propose/s: ' For nonproject proposals(such as ordinances, regulations, plans and programs), complete the applicable parts of seCtion8 A and B pills the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS �❑ rt mil. Please completely answer all questions that apply and note that the words"prolact, applicant, and "property or site" should be read as "proposal;"'proponent,'and"affected geogrephic area;' respectively.Tha lead agency may exclude(for non-projects)questions in Part B-Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. � A. BacKground 1. Name of proposed project, if applicable: Olvm 'c R'dg Praliminary Plat 2. Name of applicant: O art a d A so �at Att � David Overton SEPA EnWfonmBMal oFBehi bt(WAC 1B'r-t1-900] �ulY 2ot9 Paga 1 of'I6 �X 'S �1 Z/ z 5� � . 3. Address and phone number of applicant and contact parson: Ao Ena n Inc LLC 2601 S. 35'^St uite 200 Tacoma WA 98409 Attn:Tres Kirkabo 253-473-4494 4. Data checklist prepared: Mav 7. 2020 5. Agency requesting checklist: Mason County 6. Proposed timing or schedule(Including pfiasing, ff applicable): Proi t II b c mpi tad n two ha Pha 1 ' cl d s f 50 sin 1 f mfly detached lots and rop s d t tart co tructf Ap 1 2021 d b c mpl t d July 2021 Pha 2 i cl de 92 ncl fa Iv dat h d lots a d i Drop d to t rt o tructwn July 2021 a d 6 c of tad October 2021 7. Do you have any plans for future additions, expansion, or furtfiar activity related to or connected with this proposal? If yes, explain. N na ro sad. 8. List any anvironmantal information you know about that has been prepared, or will ba prepared, directly related to this proposal. A G to hnl 1 R o rt by Th Rfl G up Inc. dated Mav 5. 2020. A Watt nd D t r 'n t' n by Ecol Ic 1 La d Services dated Mav 19. 2020. A trio e r tion ma o f m SCJ Alll ca dated Mav 19. 2020. 9. Do you know whether applications era pending for governmental approvals of other proposals directly affecting the property covered by your proposal? IF yes, explain. N na known. 1 O. List any government approvals or permits that will ba Headed for your proposal, if known. lim nary Plat or al SEPA d to in t'o FI 1 PI t S'ta Development'ncl dinc Fill and Gr de rm t NPDES p rm t Ut I tv EM i n p rm is R aht f v/ ce o mits Build a a its Forest Pra ice er It and an other ar rts ra irad b M o C n r Wa h n ton States. 11. Gives brief, complete description of your proposal, Including the proposed uses and the size of the project and site. There era several questions later in this checklist that asK you to describe certain aspects of your proposal. You do not Head to repeat those answers on this page. (Lead agencies may modify this form to Include additional specific Information on project description.) Th Appl c t o o t d v l p th 50 21 / r er 1 1 t 142 sincla fa 'Iv d to hed lots. i tw h a Th t I tare I 25 34- / a Tfi a ace lot size will ba a 378 / f ith im m I t i a of 5 000 f NI t is total c 22 09+/ acres are ola Had co on i c of t p 1 a p i a d ct' on if ec at n a r k buffer. a sh d o fac i tv d to f lilt A c 1 r id d fr m th p oo d from a Haw 50 w tle P m ry C II t r n i tarnal 50 d rl to tr t v to s o o ad Tha site will be ery d b B Ifal Wat DI tract nd M o C nt S wa St mw to naratad from the ti to will ba d re f d t n 'ta mb'n tion w t o d/d t ntlon pond In Tr ct I for for t I Si6� rn.g� a. ba �w� SEPA EnVlronmantal aM1eehllat(WAG 10'/-11-900) JuN 201s Pa®a 2 of t6 � x S � 13 /z.4 al"tv/cu tit w irol Kh d' hero to th tl storm conveva a s tam at the 'nt act' n with States Routes 3. '12. Location of the proposal. Gives sufFiciant Information for a parson to understand the precise location of your proposed project, Including a street address, If any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the sita(s)" Provide a legal description, site plan,vicinity map, and topographic map, if reasonably avallabla. While you should submit any plans required by the agency. you era not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. �I Tha rol t i to ted ' th N rth t Q art r S ctl 28 Township 23 N rth Rance 'I Wsat. W Ilam tt M 'd a T p cal 12328 21-00000 d '12328 24 00000. T k orth b nd Stet Ro to 3 Tu rloht o NE Rido P t B ul and nd follow the ro d th hill B. Environmental Elements 1. Earth a. General description of the site: (circle one): Flat, rolling, hilly tea sip a mountainous, okher b. What is the steepest slope on the site(approximate percent slope)? 40 to 50 p ro t th w tar ortion of the site. c. What general types of soils are found on the site (for axampl¢, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The soils anarell include several feat of loose to medium dense surticlal soils over dense to ry den Itv d Yh ra 1 0l cial t'll L c I' ad re w re darlain by outwas o is mp ' ad f di m d ns to d n sa d w th v rvinc amou t of ra I Please F d the cl d Ge t ch is 1 Re rt f r details. d. Are there surtaca Indications or history of unstable soils in the immediate vicinity? If so, describe. Th re a n s rta ind'caY ns r h' to f st bla 'Is on site or in the v cinity. e. Cascriba the purpose,type, total area, and approximate quantities and total affected area of ✓ any filling, excavation, and grading proposed. Indicate source of fill. Gr d n p o ad ' des t d v I of fa 'Iv lohborhood. All radinc plans will b re ew d d p d by Ma C ant p t nv arthwork. Th t m t p d d h 1 rel n ry d ti at d t h e b s d n Co tv review a d fi I C 1 � an. Th rel n ry tim t i ap ro m t Iv 10 000 c b c v rda of fill m t ri l a ss th it Tha site will be cleared and devalo ad In two hasas. Claarin Is ax ct d t i t f 1 d tam r o I f II d b str' o'n and stockpil'na the ti to 11 For reuse on a lots a ar final radas are reached. Soma fill Ill ba used from th a v ton 1 f r th co tract' n f th d tendon pond. 9EPA Envtronmantsl Cl,ackllft{WAC 19iN Y990) .lulu 20'Ia Pages 3 of 16 max, S c� �4-iZy- ' . f. Could erosion occur as a result of clearing, construction, or use? If so,ganereily describe. If r o w t o ur't w Id 1'kel ur d ri th laerin❑and co t uctl ohasas of the ro ac w an ros�on control assures era util�zad. Durin the cl ar d on tr coon h ro n' m ra I'K Iv t h o n duri th r v months batty n October and A 1 After con tr do th sit us will ba d nt 1 and will h va 1 nd c n❑th t is is 1 f id tfal da al om t Thl I nd a n❑will also se ❑r and c er that halo o vent erosion. g. About what paroent of the site will ba covered with impervious surtaces after project construction(for exempla,asphalt or buildings)? A roximatel 25-30^ of the total 50 acre site area is antici atad to ba im arvious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: T o rary a si and S dim nt Control(TESC) BMP's will ba imolam nt d Burin❑ site c st ucti n s Il a TESC ma ur c rri d o r from clea ❑ nd r din❑. o t radin wil ba rev awed a d armittad b ason C un riot to an earthw rK Th TESC measure wl1 remain in lace from th clearin a d redi activities until the site is tab 1 zed a d w'th M s n C unt ao ro al TESC BMP's will ba used ecassarv. 2. Afr a. What types of emissions to the air would result from the proposal during construction operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities{f known. Duri o nst uct' n D t o d ha t f m h" I nd construction m hin ry nd ❑ 'om nt. C m let d o I t Eml to f m hi I s d o 'bl wo d smoke as a ra ult of normal 'de tial ctl 'Uas. b. Ara theta any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. While SR 3 is In the vicini and the US Na R ilroad Is ad accent a isslons from these so rc re not a tics t d t 1❑ 'fic ntly'mo t the moletad oroiact. c. Proposed measures to reduce or control emissions or other Impacts to air, if any: All construction a ui man will ba in ro ar wo kin o ar and withi com licence of the State re ul tlo re❑ rdi ❑ ahi la ml f I ord n w'th Mason Coun*v standards the t will be to ed nd th tr is will b 1 an d n ce ry to reduced t mi i n Burin construction. HVAC d simil r res�dant�al a ui mant o state nde m of tut rs rre tv withi th ol" bi all w ca for it i ons. as ra❑ulat d b th r ❑e s Th s{t lav ut nd t c ❑r oh o Id s f la ds Dina as wall ph ssi 1 s areti fro SR3 Th rail ad will b eo rat d f m th rol t b a f n wh ch will I�mlt the of tial I, ff ct of th s ff- 't c as of emissions. 3. Wafer � a. Surtaca Water: it SEPA EnN�onmental cM1acNlls(IWAC t9]4'IABU) Juy 2ot8 Paga 4 of 9e �x S (� �s �zc� 1) Is there any surface water body on or in the immediate vicinity of the site(including year-round and seasonal streams, saltwater, lakes, ponds,wetlands)? If yes, describe type and provide names. If appropriate,state what stream or river it flows into. Thera era no surface water bodies on the site. A a F str am was observed off-site.The ✓ st m buff r to d 150 f t n rth nd t fro the channel and ra ha 'nto the o th e t c a f th sit Plea fl d th an los d W fiend oetarmin t o Ra rt from E log' al Land Services for details. 2)Will the project require any work over. in, or adjacent to (within 200 feat)the described waters? If yes, please describe and attach available plans. 5 ' ✓` Ye lim t d orK s p ono ed with' 200' f the Tvo F afar however th 150' required \6 S�>�"` b ffer b so fed As art f th o a t th o ite buffer area h s b en la din t�,S is Tract F Thar f ra th b ff w 11 not ba i o cted as a result_ f th rol ct w, 3)Estimate the amount o£flll and dredge material that would ba placed ih or removed from surtaca water or wetlands and indicate the area of the site that would ba affected. Indicate the source of fill material. N n th i o adi g rk roo sad within the stream buffer. 4)Will the proposal require surtaca water withdrawals or diversions? Giva general description, purpose, and approximate quantities if known. No. 5) Does the proposal Ile within a 100-year floodplain7 If so, note location on the site plan. N S FEMA M o o nel 5301150329E 5) describe he typelof waste anddantic gated volumeeof discharge surface waters? If so, No. b. Ground Water: 1)WIII groundwater be withdrawn from a wall for drinking water or other purposes? If so, giv�`� � Sy,\Q� a general description of the wall, proposed uses and approximate quantities withdrawn from the wall.Will water ba discharged to groundwater? Giva general description, ��., purpose, and approximate quantitlas if known. (1`) N g undwat w'thd w I 's roo ad N wet r 'll ba discharged 'nt ro dwatar. � p.,., 2) �escrlbe waste material that will ba discharged into the ground from septic tanks or ��m S�'a-Pv other sources, if any(for example: Domestic sewage; industrial, containing the nummbe of suchcsystamsatgha nlumblereof hoosas to be served (If applicable)So$the number S�N�d of animals or humans the systam(s)era expected to serve. � N w t at 'al a ro o d to ba d's h rged into the ground. � c. Water runoff(including stormwatar): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). Whore will this water flow? Will this water flow into other waters? If so, describe. �� Page 5 of'IB 9EPM Em,tronmanta�ekeeklbt(W/tC t974t-BBB) JUIy 2B18 � x 5 � 16/Zy- Runoff from t e ro act s to will ba directed to an on-site combination wet and/detention nd f r w t r u Iity/c anYty ont of 'th dls h t the ax sting st rm sv to at the intersection with States Routes 3. 2)Could waste materials enter ground or surface watars7 1{so, generally describe. Wastes materials could enter ro nd and surtaca waters a stall as the result of automotive/machine /e ui ment fluid leaks durin site work and residential traffic and I dscapina. 3)Ooea the proposal altar or othanrvisa affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surtaca, ground, and runoff wataq and drainage pattern impacks, if any: T o ra s n d d t c V 1(TESCI m a a w-11 ba sad both for ciaar'no and redina TESC me ure w'll re a- in la d TESC b t manaoamant o cti s BMP's will ba a lied as nacessa throu h com latlo of the sit work.Tha storm facilities are dasi Had to remove sediments and oil tanks In order to rote t water ualit �isturbad re s 'll be tab'Ifz d b land cover. 4. Plants a. Check the types of vegetation found on the site: X deciduous tree: a a , maple, aspen, other-Western HamlocK Xevergreen tree cedar, pine, other X shrubs _JC morass =pasture crop or grain Orchards, vinayaMs or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other _water plants: water Illy, aalgrass, milfoil, other X other types of vegetation—Trailing blackberry and Sword Farn b. What kind and amount of vegetation will be removed or altered? � Va station will ba removed as the to and roads era constructed. A lest a ortlon of the mature va elation on-site will ba retained. Tha ro osad assiva tracts will retain the xi ti o m t r va station. c. List threatened and endangered species known fo ba on or Haar the site. Nona known. I JuIY 20t0 PEpa 6 of 1e SEPA EpVtronmantnl cheekllet(VJAl:18T-1'1-880) �x S P 17 /z�(- d. Proposed landscaping. use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Candace in is antics ated alon ro osad roadwa sand in ortions of the onsite assive as ad d d ctl r r ti a a All lands i racuiremants will bad si Had and a it* d n cord n w th C tv c re nt dunno ci 11 pl po al e. List all noxious weeds and invasive species known to ba on or near the site. An i vasive s sties within the davelo ment anvelo a will be removed. 5. Anima/s a. List any birds and otFier animals which have been observed on or near the site or era known to be on or Haar the site. Examples include: birds: hawk, heron, eagle, s ob' ds, other: mammals: dear, bear, a1K, beaver,other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site. Nona known ha ro'ect site has not been d cumantad to vide critical habitats for f de Ilv 1'st d e da a d thre t d r sensitive species. I c. Is the site part of a migration route? If so,explain. Th P et So d' p rt f th P ifl Flvw bids that'nhabit the reoi n ry easonally. Thar 's k o h bit t o th p i t seta for mlorat ry bvd d. Proposed measures to preserve or enhance wlidiffa, If any: Wildlif s t t oat d t b si if' a tiv d s Iv ffe t d by the proposed a t'viY s. Sensitive nd Critical area boundaries nd uffars wJl ba marked s c d d rl nst uct ct tl s. Pr o ad e u s t p s ry nd a ha a 'Idl'fe ' cl da -site open sp c Add'o Ilv. steep slo a areas will retain si nificant natu al rasa to reserve wlldlrt ith n th to a. List any invasive animal species known to ba on or near the site. ' Nona known. B_ Energy and Nature! Resources a. What kinds of energy(electric, natural gas, oil,wood stove, solar)will ba used to meat the tom plated project's energy Heads? Describe whether it will ba used for heating, manufacturing, etc. Th c mpl t d p act will u 1 ct ' Itv and o sibly od stoves to t't n rev ads. It s t oat d that fut aid nts will v mb nation of elect city a d n tur 1 f a I ble t h at th tr ct s d h usehold acuipmant. Ele tri tv II 1 k Iv b used to provide nacessary lichtino to privets homes. plat amenities and streets. Wood t v a n t c aid r d a ai s ur f h t h w ve ba used for h tl c within the homes. BEPA Envllnnmenbl el,achllat(WAG'19T-1'1-980) Ju�v 2o'I a Pafla T of 16 �x5 6' 1 S/z-�4- ' b. Would your proJact affect the potential use of solar energy by adjacent properties? If so, generally describe. N th r a t w Id t ffa t th of tl 1 use of lar enarov by ad'a nt proo rtlas c. What kinds of energy conservation features era included in iha plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Ali e v n ry f'o f atur reg 'red by Ma C unty and state ordinances and/or codas will ba mat. 7. Envlroninanta!Health �� a. Ara theta any environmental health hazards,including exposure to toxic chemicals, risK of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Th re a o k ow a viro m tal h Ith h zards or ha rd u waste thatw uld oc r as ra It f th' orolact. �) �ascrlba any known or possible contamination at the site from present or past uses. Nona Known. 2) �escriba existing hazardous chemicals/conditions that might affect project development and design.This Includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N na Known. 3) Cascriba any toxic or hazardous chemicals that might 6a stored, used, or produced during the project's development or construction, or at any time during the operating Iifa of the project. N na Known. 4) Describe special emergency services that might be required. Em ca v ry ca tvoi I t a sid nY 1 n 'ahb rh d ra anticipated, 5) Proposed measures to reduce or control environmental health hazards, If any: Th r o d Yllt and am ro n fir ac s tossing of the U S N w Railroad i ht f w v i or vid d r the rthwa t r ort on of the site.This will 1 ❑ the waters stem In this area which w 1 �m rove thaw tar service and fire flow t th area a wall s nh n d a nov fire access. b. Nolsa 1)What types of noise exist in the area which may affect your project(for exempla: traffic, equipment, operation, other)7' V h cl n 1 a from St t R u 3 d fr th ab tti ra"I pad may affect the orolact. 2)What types and levels of noise would ba created by or associated with the project on a short-term or a long-farm basis(for example: traffic, construction, operation, other)? Indi- cate what hours noise would coma from the site. I Ju1y sof6 Paga H of tg 3EPA Envlronmanlal ehecklbl iWPG 199-N-980) �>c S . � 1�/zy- O rim c st ct n h rt t m of '1t d f m the a of construct' n c 'om nt nd activities would ba created durin rm ttad ho rs o const ctto L n term s w Id ba enerated b activit as icall associated with residential Wallin s a d ai hborhoods. Th m rite f th" n i e ill c r d rin th d ti hours batwa 7 m to Tom. 2) Proposed measures to reduce or control noise impacts, if any: All hl 1 s both st M" n nd asidanC 1 a ❑u' d to ba muffl d p r 'sting vehicle re ulations. Construction will be lim tad to normal construc ion des fime ho rs b tw a roxim t Iv 7 m t 8 m No o f m fut ra id nts is anticipat d t comply with Titles �� g 36 of M o C nt C des Th t r id phvs 1 p retlon from SR3 a d f nci g�r rom the US Naw railroad which w1i1 halo Ilmlt the off-site noise from si nifi tiv dv elv ff t'ng th proo d roiact. 8. Land and Shoreline Use a. What Is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so,describe. Th sit 's on R 5 M d' m Da 'tv Re 'd t'al and is currently vacant. N rth Stat HI hw v 3 a d GGBI zoned properties. W t v a t p cal o d MU St t H gh av 3 th MU and R-6 ro erties. E st Ex'sti g Rell ad the GC-BI R-5 and R10 properties. So th Va ant R 4 a d GC n d properties. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial signiflcanca will be converted to other uses as a result of the proposal, if any? If resource lands have not bean designated, how many acres In farmland or forest land tax status will ba converted to nonfarm or nonforest use? Th It h b n 1 gg d' the oast. 1)Will the proposal affect or ba affected by surrounding working farm or forest land normal business oparetlons, such as oversize equipment access, the application of pesticides, tilling, and harvasting7 If so, how: No. c. Describe any structures on the site. Th it 's r tiv vacant. ' d. WIII any structures ba demolished? If so,what? No a. What is the currant zoning classification of the site? R 5 M diu � "tv Residential f. What is the currant comprehensive plan designation of the sita7 Balfair Urban Growth Area. g. If applicable, what is the current shoreline master program designation of the site? N t a 1'cable. EEPA EnvlfonTantal checklbt(VJAC t9T41-98 D) Ju1Y 2016 Pa999 Of t6 �JK S � zo/2�} � ' h. Has any part of the site bean classified as a critical area by the city or county? If so, specify. The site nc odes stae slo a are a within Tracts A and B wh[c are lar ai voided. Please fi d enclosed Gaotechnical Re ort for details. As stated in section 3 there is a stream buffer It th w tla d r ort f r t e buffer details. i. Approximately flow many people would reside or work in the completed project? 142 h m s o Id Ilk Iv r ult'n ro "m teiv 355 fut ld is assuming a multiplier of 2 5 0 00l r home. J. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: Nona. L.Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Th o ❑ d d sill a d th la d e si tent with the Ma on County C m r ha iv PI Z in C d and �asign Standards. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: . Nona. 9. Hous/ng a. Approximately flow many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. �42 m'ddl 'n m ho a will be o o Ided b. Approximately how many units, if any,would ba eliminated? Indicate whether high, middle,or low-income housing. Nonce c. Proposed measures to reduce or control housing impacts, if any: Th a aw sidant'al It will imp v the fi u 'nc to k a )�guality in the Balfair UGA. Suoo rti g th u ba o rt o f Mas C only a nvlsloned by th C mo h f Plan. �10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas;what is the principal exterior building materials) proposed? � i um fi Igfit f r th' Ina df trict 11 35 f t o o to 55 feat with s cial use armit r 1 It I nt' 'o t d that the st uct a 11 molt' (th th s he ght I itat n Th o 'n i al t i r build a at lal a ticloated to b a ri din color and da i n th the s of od ho o tal 1 t im d o tent ally st b i K ee H u oIa s re of vet known. BEPA Envtronmantal eFeckllet(WAC'19TA]-980) Ju1Y 2916 Pa9®10 of'IB �X 5 c1�z i rzv- b. What views in the immediate vicinity would be altered or obstructed? T 'to i I w f th sit w'll be Itar d A thl 'ta is the too of a 'dg there era no 'mp cts t ff 't fe a Ycip t d. c. Proposed measures to reduce or control aesthetic impacts, if any: Tha pr p sad roi ct 'll b co t t with th Ma n County Comprehensive Plan Z 'ng Cod a d � 'g Standards. 1�. Llght and Gfare �' a. What type of light or glare will the proposal produce? What time of day would it mainly occur? L mlt d 1 ght la d g 'te k" x ct d Th ce of Tight or glare during site w k 'll b from hsadl ght of ehi 1 s/ quip ent/ma h new on or ante a/ t n th to Lo d 1 ght ho d ng S m er n t ct w II lim t the use of h dl� Lo t m 1' ht d gl re od ad II b tv al f a residential dev lop ant to cluda i tari d t ri light g f r th h mes tre t IigMs and sacurit I ghts here n s ry d o sibl ant 1 ght g This 1 ht II b roduc din the e q houre. All Iightin will be 'ent d t and th sit t p vent stray lighting. b. Could light or glare from the finished project ba a safety hazard or intartere with views? It n t t'cio ted that 1'ght r gl ref m th o 'ect w'll 'gnificantly impact surrounding art s The 1' ht d 1 re f th fins hed roi t i of i kely to ba a fat M1a rd t rt re ith 'a or ffect wild)fa The 1 ht f m th s p i t wJl be sMald der. d" ct d d w d i rd to I' it to t al impacts. c. What existing off-sit¢ sources of light or glare may affect your proposal? N na anticipetad. d. Proposed measures to reduce qr control Tight and glare Impacts. if any: 1 n t of at d th t light la fr th pro ct 'll Im act adjacent properties or ✓ e Ali light'ng 'll mpiv with ap 1 c bla M so County codas and will ba hield d a d d' tad downward. �2. Recreation a. What designated and informal recreational opportunities era in the immediate vicinity? Th I r Wetl d T 'I re I ca d or 'm t iv 3 mil south of the site Sg re Laka Stet P rk' 1 t d ao ro i at Iv 4 miles to the east. b. Would the proposed project displace any existing recreational uses? If so, describe. No th o p d 'll n t d" la a re ational uses. BEPA Envlmnmental checkllat(WAG t99-1 t-966) JUIY 2o'I a Papo 1 t of 16 �X S 6'zz / 2�1- . c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to ba provided by the project or applicant, if any: Th o f t is ro dins o si nd cf r ti re 'thi the Praifminary Plat d i n f r th � f fut idanis. �3. Historic and cultures preservation a. Ara theta any buildings, structures, or sites, located on or near the site that era over 45 years old listed In or eligible for listing in national, state, or local preservation registers? If so, specifically describe. Resisters: Ac rdl o t th W hin t Inf mat' n Svst m f r A hit tural and Arch olo Ical Racor s D to (WISAARp)th rear o li tad la s obi ct on or adlacant t th sit No tr t� o 'ta r dl nt t th sit 's 1' tad on nv ational or state are ry tlon recistars. N tiah 1/St to ElialbilRv: N st M n n r th sit ha a b an f rm Ily ho n as elicibla for the national/state re to H wa It s ❑ ssibl th t o o rtie in the inity bu{It m re than 50 a ac Quid b c ma ollcible. b. Ara there any landmarks,foaturas, or other evidence of Indian or historic use or occupation? Thfa may Include human burials or old cemeteries. Ara theta any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identity such resources. No known. c. pascribe the methods used to assess the potential Impacts to cultural and historic deparlmaant of arohaology and histoeric presarvation'uarchaeo oigloal suirveys,histo ctha maps, GIS data, etc. Th pap rtm nt f Arch of av a d H'st P s ati n(pAHP) Is W hinaton Stata's i ary ao cv wish kn wl d nd xo rtl in h t c p sarvatlon. Th o d n online search for ra Isterd and invan one ro artless known as WISAARp th t w r 'e df rthis checklist. _ - 1'esK \yip fgH�ti �� p+o.y sees d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please Include plans for the above and any permits that may ba required. It 1 of ti i at d th t th' p 1 t w'll im M v hstoric oresarvation co tinuad use f o tents 1 h rite o rtl in the in t Tha sits w II follow State a idelinas for ad rtant discoveries. 94. Tiansportatlon a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The to i c s d b NE Ridc P i t Bo la d Th Barest hiahwav' St to Routs 3. 9EPA EovtroOmen\al eM1Ockllat iWAG 1B1-11A80) Jury 20'18 Pega 12 of 16 �Ck �' � 23 /2y- b. Is kha site or affected geographic area currently served by public transit? If so, generally describe. If not,what is the approximate distance to the nearest transit stop? Th to rvl d b M C tv Tra 't th t h s t o nth access road NE Ridca Point Boulevard. c. How many adtlltional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? The mplat d o 'e twill o 'de 2 off- tr t o ki stalls for each 1 t Th's a uatas to 284 ,� ff t et a k'ng o cos and eliminates none. d. WIII the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not Including driveways? If so,9anarally describe (indicate whether public or private). A cos s p o id d f om n w t st eat etw rk t rt' g from the terminus of NE R dg P t 61 d A n w 60' tle o vat c Ilect r connects to a 50 de pr to t et s tem Th int rn 1 tr is 11 b d g d ing the Mason Cou tv Stand rd h h include 28 feat o travalabla roadwa with Ilad curb utter and sldew Ik n b th des of the street. Tha internal street w 11 connect to NE Rid a Point Boulevard on the west aide. R a re ants will b d t ml d b M o Co tv Devalooment Ensi ne 'ng and era b ct to Fla b ed on vi a d o ro I f the site develop a t I S a the P ali 'n ry PI t f r p o d treat names and cross sections. a. Will the project or proposal use(or occur in the immediate vicinity of)water, rail,or air transportation? If so, generally describe. The proposal does not use water, rail or air transportation however, th s't o vid Ylity tl ce f s f th U S N r 'Ir d Th's RR Xinc is in the Northwest co e f th 't d i of rop s d a art of the orolact access f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would ba trucks(such as commercial and nonpassenger vehicles).What data or transportation modals ware used to make these estimates? A oo ng to th T ' G n ti t hn' I m m by SCJ Alliance the residential plat is antic ated to anarete 472 ADT Avers a Dall Tri a and 50 PM k tri w th Ph se I. At om lei n the o oiect is n£ 'net d t ae er t 1 340 ADT's and 141 PM PaaK trios" g.Will the proposal Intartare with, affect or ba affected by the movement of agricultural and forest products on roads or streets in the area? If so, 9anerally describe" No. h. Proposed measures to reduce or control transportation impacts, if any: Pleases sea the Tri Genar ion Technic 1 Memo for more details. Currant) SCJ Alliance is o d ng WSDOT a Traff I act A Ivsi a d I t s tf Control Evaluation wF)ich WSDOT h r tad Im ro m is to th nt a ton of NE Rldga Pol t B le rd and S to Route 3 Im rovamants are antic) atad"Whiles s acltics ere u k t thl t m thl la twill co t'n t art' ip t i th ro s nd ultimata ne s ry 1 rovemants. E@PA EM/tronTantal checklist(WAC'1 B7-'1 YBBO) Amy tote P®ga'13 of t0 '15. Pubiic Services a. Would the project result in an increased need for public services (for example:flra protection, police protection, public transit, health care, schools, other)? If so, generally describe. Yas th o i t w'11 res It'n n in re d eed for p bli ervices as is tvplc I of a residential subdivision. b. Proposed measures to reduce or control direct impacts on public services, if any. Ta ve u fro th whom "11 hel off et th in as d d and for oublic services. Th w t r a r a dam ro cv F e s c f the U S N w ilroad imoro s_ t l tv ry s nd em a cv fi a s f r th pi t o d oro rtf n the vicinity 96. Utilities - a. Circle util' a rlcity, natural gas, water, refuse service,telephone, sanitary sa septic system, of er e. Describe the utilities that era proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might ba Headed. P r Ma n County PUD W to ' B If i Water District S 'tary S er M n C unty Sewer Natural Gas:As available Tel ph e &C bl As ailable:Waves.ATB.T C. Slgnatur® Tha above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on th m to a its decision" Signature: T c G. y v/�` �. Names of sign L-f I�YJO Position an Agency/Organi tion _���s� Datc Submitted: .� y� �� ��n�Lr SEPA Envl�onmentel chachllet(WAC t9T-t1-960) JY�y 20t6 P08B'14 0(16 cX6(� I /S 2186801 MASON CO WA Return Address: $E�soN'mHp[H[1H 60BBHPRpoEF {309.60 Papu: 6 Kris Nelson iumniailimiiumflnmmini�nmiiian�iinfi����n���������������� Wilson Law Group of Washington P.O. BOx�66 Kant.WA 98036 (206)806-6238 Please print or typo Infermatlen WASNINGTON STATE RECORDER'S Cover 8haat (RCW 66.04) Dooument Titla(e)(or lransac8ona a:ontalned therein): School Miligatlon Agreement Retarence Numbar(e)of Doeumant(s)Assigned or Released: N/A Grantorjs): t. Lannar Northwest, Inc. 2. 3. Grantee(s): t. Norlh Mason$drool District 2. 3. Legal Description(abbreviated: i.e., lot,block,plat or section,township, range): Portions of the Northwest quarter of Sactlon 26, Township 23 North, Renga t WaaL W.M.. In Mason County,Washington Additional legal is on page 2 of document. Assessor's Property Tax Pareal/Account Number(a): Not yet assigned t2328-2t-00000 and t2328-24-00000 The Auditor/Recorder will rely on iha information provided on the form. Tha aleff will not read the document to vari the aeeurac or com le[anaea of the indexin Information rovldad herein. 2'IBa5000't-AGMT-SCFooI Mltigetion.doc Pega t of 6 �X �!a z SCHOOL MITIGATION AGREEMENT 1 This School M1t79atlon Agreement (the "Agreement") is dated C11AAjt S-� j'7. Da�w-�'• cor�Cfoon reference purposes and Is entaretl Into by and between Lannar North st, nc., ("Canna~'),and/or its assigns.and North Mason School District(tire"Oistric!"). - RECITAL3 A, Lennar is the developer of that eertaln residential subdivision known as Ovation Associates Preliminary Plat (a.k.a. Olympic Ridges) (the "Subdivision') in Mason County on Tax Parcel and Rldga PointOBv d,wh ch p3operty ISOlegaliy tlescdbeA as followsa(tha 'Property')aced off of SR-3 Par 1 N 72326-27-000OD All that portion of the Northeast quarter of the Northwest quarter of Section 2B, Township 23 North, Ranges 7 Wast. W.M., in Mason County, Washington. lying SoutheastadY of State Route 3. and lying Westerly of the Westerly r19ht-of-way line for the U.S. Navy Rallroatl, as acquired In Ortlar vesting title in the United States recorded December 5, 7947,Auditor's Flle No. 722474. P 1 N 72328-24-00000 All That portlon of the Southeast quarter of the Northwaal quarter of Section 28. Township 23 North, Range 7 Wast, W.M., In Mason County, Washington, lying Southeasterly of State Route 3, end lying Westerly of the Weatady right-o(-way for the U.S. Navy Railroad, as acquired in Order Yest)ng title in the United States recorded December 5, 7947, AutlitoYs Flla No. 722474; EXCEPTING therefrom that portlon thereof particularly described as follows: BEGINNING at the Northeast corner of the plat of Balfatr Stetson, Volume t0 of Picts, pages 743, 744 end 745, records of Meson County, Washington, being also the Northwest corner of said Southeast quarter of the Northwest quarter; Thence South 89"07'07" East, along the prolongation Eastady of the North Ilna of aeld plat of Belfalr Station, being also the North Ilna of said Southeast quarter of the Northwest quarter, 367.32 Teet,to the Westerly margin of a private road; Thence, along said Westerly margin, South 79`00'30" West, 483.70 Tact, and South 70"59'30" East, 25.00 feet, and South 79'00'30" Wasl, 426.20 feet. [o the beginning of a curve concave Northwesterly,and having a radius of 790.00 feet; Thence Southwasfarly, continuing along said Westerly margin. and along the arc of said curve,through a c¢ntral angle of 35^04'72"for an arc dlatance of 7 t8.30 feat; Thence continuing along sell Westerly margin, South 54'04'42"Weat, 50.50 feat, to the Easterly Ilna of said plat of B¢Ifalr Station, being also the Westerly Ilna of said Southeast quarter of the Northwest quarter; Thence North 00^49'26" East, along said Easfady Ilne, 995.23 Teat, to the POINT OF BEGINNING. Said land being also known and described as the resulting Parcel 1 of Boundary Line Adjuatmanf No.00-35,recorded July 77,2000, Auditor's Files No. 7774600. 2tee5D001-AGMT-School Mltf9etlon.tloo Pega 2 of 5 �x 6« 3 /S B. Tha Property is located within the District's service area boundary for schools. C. Tha lots within the Subdlvlslon ere projected to generate school-age chiltlran, and the District may not have the facililles avallabla to accommodate the additional students that will ba generated by the Subdivision. D. Tha Mason County Hearing Examiner issued a preliminary plat approval decision for the Subdlvlslon dated December '1.2020. E. The Hearing Examiner's decision approved the preliminary plat with t45 Iota. Tha final plat map for the Subdivision, which is curranCiy under review, includes '144 lots. F. Condition '1.a of the Haaring Examiner's tlecision("CondlHon �.a")requires that: PHor to F/oaf Plat Approve/, the Appllcanf w!/1 provide the County with a copy of a slgnad mltigatlon agraoment 6atwaan the developer and the North Mason School O1strlct. Th¢ agreement shah, spaelfy!ha amount and timing of school Impact mitlgeHon payments to the NMSD on a tot by /ot bests, ff the Appllceni and NMSO era unable to come to agreement prior to floe/ p/at approve/, step shall Impose propodlonata share mltigatlon that conforms to RCW 82.02.020. StefPs tlafarm7nafion shaJ/ be Issued as an administrative daterminatlon sub/act to hear/ng axaminar appeaf. G. To satisfy Condition 9.a., Lanner and the District tlesira to memorialize their agreement for school impact payments to mitigate the Subdivision's Impact on the District's aehool system. AdREEMENT �. Tha above recitals are incorporatetl hereto by this reference. 2 School Mitlga IontFae"")fadtha iamouni of FI ealHundred and NoH 00 Dol a�s ($500.00).n fee (each a 3. Payment of the School Mitigation Fea far each lot shall be due and payable at the time of building permit Issuance for each lot. 4. Tha School Mitigation Fae for each lot shall be collected In the manner as is customary for the District,whether that is by payment directly to the District or to Mason County. 5_ This Agreement applies only to the '145 lots approved In saitl Hearing Examiner's decision dated December 1, 2020. Should additional lots ba proposed within the Subdivision, Lennar and the Diatricl shall enter Into a separate mitlgatton agreement as to such etlditional lots. Should the Subtlivislon's recorded Fnal plat map contain fewer than t45 lots, this Agreement may not be utillzad, transferred, or assigned as to any"remaining"lot count. Thie Agreement may ba executed In counterparts, each of which shall be deemed an original, and all of which, when taken together. shall constitute one end the same Instrument. Once this is agreement is executed by both parties, Lanner shall cause this Agreement to ba recorded in the real properly records of Meson County. Lanner shall ba solely rasponslble for the cost of such recording. [SIGNATURES ON FOLLOWING PAGES] 2f 8E5DOOt-AGMT-School Mitigallon.doc Paga 3 of 5 x 6 l) y /� La`nna�r Northw(�st, Inc. - 1`� .4�2-� Y I2 rf'/2.rri2_ Signet ram' Da a By ,�c�...t .�,J L�GTc- - Pdntad Nama ,r Its fti✓h-�a'a-t'�c c�.�'f- Tltle STATE OF WASHINGTON ) ��^ )as. COUNTY OF�{� (� On this 2t"'E ' dfly oT A"L�_G[mil� 20Z2, 1 certify that I know or have sagsfactory evidence that C Iris iYl is the person who appeared before ma, and Bald arson acknowlad ad that he/she/the sl natl this {nstrumant, orr��oa��tFF�� stated that h /aha/the was/were authorized to axe u to the Instrument and seknowletlged It as the 11iA1'L70liz� I�ZI^I�y of Lannar Northwest. Inc. to be the free and voluntary act of such party for the uses and rposes mentioned in the instrument. � � �/� f�. �\\\\\�flll// � �/l/' r r / 1 `�����PNtJ Wq���i�� No ry Pu Iic in and for tfie of Washington ff�+'� _ Prtntad Name � /� 1 '-�{q��t✓p2 Residing at: MQ.P�'� V GL � i"Ct.J,�� __ ��"ii„'-'��ryp, �Tp,`�+ Appointment Expires: 07-07�"O� '''��OIIiWABl�,a���� 2tB66O0pt-AGMT-School Mltigelfan.tloc Page 4 of 5 i �x G A sls i I North Mason School District signature Date By �V� �-r2 4,0. (_ sr��� /tea Printed Nama Ite_�rs((��o T- - � y� Title STATE OF WASHINGTON ) p� � )09. COUNTY OF\V�-L`+Z`�� On this�_ of .20�1 Cartly that 1 know or have satisfactory evidence that Van i la tna person who appeared before ma, and said person acknowledged that he/she/th y signed this Instrumenq on�eth stated t at ha/ ha/they was/ware authorized to execute the instrument and acknowledged It as the��,�E t rt.. F. of North Mason School District to be the Trea and voluntary act of such party for the uses end purposes mentioned in the instrument. N ry ublle In d for State of W Ington JeM'n Vaunp �o, �1�.n y� w_x�a NOWry Public 9d Ng e 81eta of Weahlnpbn n� A �mylCemmlaebn e:pirea�t� Raeld ing at: It�l1 S'�t11 f��-1XL' June 2.2024 2f 886D00'1-AGMT-School Mltigation.doc Page 5 Of b � >c 613 1 / 2 Staci Saunders From: Rosenbach, Dana <drosenbachl�northmasonschools.org> Sant Monday, October 26,2020 7 7:67 AM To: 6taci Saunders Subject: Ra:Olympic Ridge The proposed bus stop will work for us.Thank you. Dana Rosenbach Dana G. Rosenbach Superintendent, North Mason School Dlstrltt Learning Is Ilke rowing upstream; not to advance is to drop back -Chinese saying From:Staci Saunders<saunders�aapexe ngineering.net> Sent: Monday,October 26,2D20 11:04 AM To:Rosenbach,Dana<drosenbach®northmasonschools.org> Cc:James Kirkebo<kirke bot7apexe nginee ring.net> Subjatt:Olym pie Ridge WARNING:This email origlnafed from outside of the orga nizatlon. Do not click(inks or open atW chments unless you g I th d d kn the content Is safe. HI Dana, I was given your name regard ing coordinating an appropriate place for a school bus pick-up location for the proposed development. Please find attached a site plan that has a proposed possible location. If you could please review for approval and let me know, 1 would appreciate it. Please let me know if there Is someone else I should coordinate this with,if it Isn't you. Thank you, Staci Saunders Project Expeditor pex 260]5.35[M1 SL Stc.20O I Taco a,WA 98909 1 O 253.4]3.4494 x1218 I F 253AJ3.0599 a � 1 e. t.� .,,. �., ..e:..00....e.. 1 �'x G Y3 "z-i z _ I as .....�4jW.®•... �...y�....��F�flafl8�B�4y�ln"g��A� \ � \, i<"j ,sus::.a:. nr � '_.gyp flfl¢�afl �55�*��ei�p���������ag�� ---,��=1��'--- ------ ' � C @666 � � ._ �'Po 'Bs F :m .� 't-- cs .n /i r \ p'p � �"•� < �a�rig%• � � ¢ a ��/ j--.� "'" c� ems, a � '° �Y � I �� O � / �. i st+ R /,� .. /� odd• _ �.�\'r�g\a'"� �\ Wa"'`+� \E{ i ��� �� - it/'�� ,Y- � � �g�`� �`.,®$R 1d����� ���1 - � 4 � : i ---} � � ,p s �,i. lei -q pmus l��'F y.� � �� �N �r' - ¢i ^/� 9�� o-�.! �� �(� "win v':..":. .S" /` (I ' / . �-..�% 6 i / Y p°�® � fl n OLYMWC fllOCic- 'rtE :mm'�a tp p meuvw.mru �keI�I�IE1�I81 I4� T' � I CLIENT EE OVERTON Pex - .nmv.nxaw�m ��w.:A^.Yl:piw6:6-C� .... ..en,....m... ..m.n... RE: Olympic Ridge Fire Flow No Parking Signage Randy Collins Mon l2/5/2022 4:26 PM To:Michael Ma6ems <Mms@masoncouniywa.gov>: They are acceptable From:Michael MacSems<Mms@masoncou ntywa.gov> Sent: Monday, December 6, 2022 3:36 PM To:Randy Collins<RCollins@masoncou niywa.gov> Subjec[: Re:Olympic Ridge Flre Flow No Parking Signage Randy, Other than the EVA, how do the roads look? If they were built to spec they should be fine as spec is what was approved in the preliminary approval. Thanks, Michael MacSems Subdivisions, Class IV G Forest Practices, and Historic Preservation From:Randy Collins Sent: Monday, December 6,2022 3:32 PM To:Michael MacSems Subjec[:RE: Olympic Ridge Fire Flow No Parking Signage Hydrant spacing is fine however,I will holtl off on the road until I get all the information I need on the Emergency Vehicle Access From:Micheal MacSems < .m�(Ama<n ntvwa.ggy> Sent:Monday.December 5,^2022 2:46 PM , To:Randy Collins < I' y]Y3.94Y> SubJeR Re:Olympic Ridge Fire Flow No Parking Signage ��.� 7 H z/ 7 I Thank you Randy. Would you also say that hydrant spacing and road design are built to code? Michael MacSems Subdivisions, Class IV G Forest Practices, and Historic Preservation From:Randy Collins sent:Monday,December 5,2022 1:22 PM To:Michael Ma<Sems subject:Olympic Ridge Fire Flow No Parking Signage Michael, have reviewed both the hydrant flow data for this project as well as the No parking Signage and as reflected on the enclosed documentation, they do meet my requirements. Let me know if you have any questions. 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P i�F �• B CLIENT Ep OVER1pH � �Ln9lm�ef�n9f 45�f�r��rl���� � � :�:wP x �X �A 4i� FLOW TEST Il IPORMATION SHEET Location: OLYMPIC RIDGE TEST 1 Date' I I/23/22 � NE RIDGE POINT BLVD Timc: 12:00 PM 6ELFAIR WA Reason For Test: PLOW INFO Water District: BELPAiR WATER DISTRICT Piac District BELFAIR FIRE Source of Water Supply: BELFAIR WATER Residual Hydrant HYDRANT AT RIDOETOP BLVD Q OLYMPIC RIDGE,332'EL. Hydrant Elevation(Building Floor=OR): O R 65 s: Static Presaure(before tesQ: 65 psi Static Pressure(sties-rest): Pan Residual Pressure(during test): 61 psi Test Duration: 4 m . Plaw Hydrant#L END OLVMPIC RIDGE IN CULDESAq 346•EL. Flow Hydrant#2: Flow Hydrant#3: Plow Hydrant if4: Flow Hydrant#5: Hyd.#1 Hyd.#I Hyd.#1 Hyd.#4 Hyd.#5 Velocity Pressure: 14.5 O O O O Number of Outsets: 1 1 1 1 2 9 Flow Oritce Siu: 3.05 2.5 2'S 2 Orifice Coefficient 1.350 0.904 0.904 1.380 0.800 Flow Orifim Typo: 4"HM 2.5"HM 2.5"HM 2"HM PORT Pumper Coefficient 1 t 1 1 1 OPm Plowing: 142�.0 O.O O.O O.O O.O Total Flow During Test; 1429 gpm Teat Consumption: 5908 gal. Flow at 20 psi = 52'/3 gpm Pressure at 500 gpm = 64.4 psi Plow at 50 psi = 2913 gpm Presaure at 1500 gpm = 60.6 psi Formulas: 29.84cd^2*JP=tam f (Ca-P)^-54)/(Cs-r)^.54)=gpm s-C(g Ca-r)^.54)/f)^1.85=Pai =Constant c f=Total Flow during teat £=Total Plow during rest d=Orifice in inches m Static Pressure in psi =Static Pressure in psi p=pressure in psi r=Residual Pressmro in psi r=Residual Pressure in psi p=Desired Presaure in psi g=Desired Flow iav gpm Attendees: ROBERT MCGEE-FOX FIRE PREVENTION INC MITCH LAYMAN-PDX F1RE PREVENTION INC Notes: 2"HM=2"PITOTLHSS NOZZLE INSERT ON A 2.5"HOSH MONSTER COEFFICIENT: C= L38 2.5"HM=2.5"HOSE MONSTER,BUILT IN PITOT,NO INSERT COEFFICIENT: C=0.904 4"HM=4"BIOBOY PITOTLESS NOZZLE HOSE MONSTER(3.05"DIA.ORIFICE) COEFFICIENT: C= 198 FOR 856-121 IOPM, C=1.35 FOR 12�0-2256GPM, C=1.34 FOR 2289-2059GPM Standa+d Used:NFPA.291 2002 Edi[ion g'x 7/� 5/7 FLOW CHART -OLYMPIC RIOOE TEST t 70 l 60 50 m .Q 40 W ' y 30 C a � 20 I t0 O O tpp0 2000 3000 4000 5000 BO FLOW(9Pm) PLOW TEST INFORMATION SHEET l Location: OLYMPIC RIDGE TEST 2 Date: 11/23/22 NH RIDGE POTNT BLVD Time: 12:00 PM BELFAiR WA Reason for Tcsd PLOW INPO Water District: HELPAIR WATER DISTRICT Pire District HELFAIR PIRH Source of Water Supply: BELFAIR WATER Residual Hydrant: HYDRANT AT RIDGETOP BLVD�OLYMPIC RIDGE,332'EL. Hydrant Elevation(Building Fioor=OR): O R Static Pressure(before tcsc): 65 psi Static Pressure(aRer teat): 65 psi Residual Presavare(duriv6 test): 59 psi Test Duraxion: 4 mm. Plow Hydrant#1: NE R1DGH PO1NT HLVD AND SLTTSET VIEW APARTMHNT DRIVE,228•EL. Flaw Hydrant#2: Flow Hydrant#3: Flow Hytlrant#4: Flow Hydrant#5: Hyd.#1 Hyd.#1 Hyd.#I Hyd.#4 Hyd.#5 Velocity Pressure: 3� O O O O Number of Outlets: 1 I 1 1 1 �' Flow O[ifica Size: 3.05 2.5 2.5 2 2-5 Orifice Coefficient 1.350 0.904 0.904 1.380 0.800 Flow Orifice Type: 4"HM 2.5"HM 2.5'•HM 2"HM PORT Pumper Ccefcient 1 1 1 1 1 GPm Flowing: 2279.5 O.O O.O O.O O.O Total Flow During Teat: 2299 gpm Teat Consuvrptlov: 9118 gal. Flow at 20 psi = 5')93 gpm Pressure at 500 gpm = 64.5 psi Ftow at 50 psi = 3201 gpm Parssavc at 1500 gpm = 61.3 psi Formulas: 29.84ctl^2'"�/P—8Pm f ((s-P)^.54)/CCa-r)^.54)=gpm a{Cg Cs-r)^.54)/fj^L85=Psi =Constant c f=Total Flow during test £=Total Flow during test d=Orifice in inches s=Static Pressure in psi �Static Pressure in psi p=Pressure in psi =Residual Pressure in psi =Residual Pressure in psi p=Desired Pressaarc in psi g=Desired Flow in gpm Attendees: ROBERT MCGEE-FOX PIRE PREVENTION INC M1TCH LAYMAN-FOX PIRE PREVENTION iNC Noes: 2"HM=2"PITOTLESS NOZZLE INSHRT ON A 2.5"HOSH MONSTER COEFPICtHNT: C= L38 2.5^HM=2.5^HOSE MONSTER,BUILT IN PITOT,NO INSERT COEFFICIENT: C=0.904 4"HM=4"BIGBOY PtTOTLESS NOZZLE HOSE MONSTER(3.05"DIA.ORIFICE) COEFFICIENT: C= 1.38 FOR 856-1211GPM, C=L35 POR 1290-2256GPM, C=1.34 FOR 2280-2959GPM Standard Used:NFPA 291 2002 Edition FLOW CHART � —OLYMPIC RIDGE TEST 2 i 70 60 50 .Q 40 w 30 w a 20 t0 O O '1000 2000 3000 4000 5000 6000 70 FLOW(gpm) �x 7 3 � /( MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF VNDERSTANDING ("MOU")is entered into by and between Lennar Homes, LLC,a Delaware Limited Liability Company(Lennar)and Mason County, a Political Subdivision in the State of Washington(Mason County). The purpose of the MOU is to set out the general terms and conditions of the expreectepd our�ner in which Lennar will finalize construction for the development known as Olympic Ridge ( 7 )- Mason County's approval of the Final Plat for Project is subject to the following terms and � conditions: 1. Per condition number 17 of the preliminary plat Hearing Examiner's Decision(HEX), Lennar will install"Nc Parking'signs along the primary collector portion of Ridgepoint 61vd. The signs shall be Installed prior to the Issuance of the first Certificate of Occupancy for the Project. The signs shall be installed on both sides of the road and shall meet the requirements of International Fire Code(IFC)Appendix D,Section D103.6,Type D. The bottom of the signs shall include the following code references: RCW 46.61.570 and IFC 603.4. 2. Per condition number 2tl of the prell urinary plat HEX Decision,a secondary emergency vehicle access(EVA)shall serve the Protect This secondary EVA shall be constructetl and finalized prior to the Issuance of the fifty-first building permit within the Project This MOU is meant to reflect the position of the parties as they exist on this day of .2022. Lennar Northwest, LLC a Delaware. Mason County,a Political Subd Wision Limited Liability Comp in the State of Washington 6y:�. BY. Title' �1't'c'Sa'� ��"'� Title- v By: Title: i �x -7C.. 1 /z RE: Olympic Ridge and BOCC Approval � I Tim Whitehead Mon l t/]/2022 9:46 AM To:Michael MacSems 4Mms@masoncountywa.gow: I think(hat will be just fine. Timothy W Whitehead Mason County Prosecutor's Office Chlef Deputy Prosecuting Attorney P:(360)42]-96J0¢xt.41] From: Michael MacSems Sant:Monday, November 7,2022 9:39 AM To:Tim Whitehead<TimW @masoncountywa.gov> � Cc Kell Rowen<KRowen@masoncountywa.gov>; Randy Collins<RCollins@masoncountywa.gov> Subject: Re:Olympic Ridge and BOCC Approval Tim, Would it be okay to get this the BOCC approval signature and follow up recording with the Auditor on the same schedule (day) as the final plat approval or would this have to happen prior to final plat approval? Michael MacSems Subdivisions,Glass IV G Forest Practjces, and Historic Preservation From:Tim Whitehead Sent:Monday, November 7,2022 9:26 AM To: Michael MacSems Cc: Kell Rowen;Randy Collins Subject: RE:Olympic Ridge and BOCC Approval Michael, i This is an agreement between the LLC and Mason County,so 1 suggest the Chalr of the BOCC sign. It's probab y es o record It after execution. Timothy W Whitehead II Mason County Prosecutor's Offic¢ Chief Deputy Prosecuting Attorney I P:(3fi0)42]-96]O ext.41] F:(360)42]-]564 From: Michael MacSems Sant:Friday,November 4,2022 9:51 A �x 7c Z/Z To:Tlm Whitehead<TimW(Nma�onro,,�_nb�a.ggy> Cc Kell Rowen<KR enra masoncountyy✓��ggy>; Randy Collins<RCoil'nsrd>masonmuntyw�,gQy> Subject: Fw:Olympic Ridge and BOCG Approval Tim, Please review the attached proposed Memorandum of Understanding concerning delaying two Fire Code conditions of plat approval. Also,who would sign for the Cou nty7 Would this be recorded with the Auditor? Thanks, Michael MaC5em5 Subdivisions, CIasS IV G Forest Practices, and Historic Preservation From:Gabe Jellison<jn111son!a)�pexe^gineering�r�j> Sent:Thursday, November 3, 2022 5:24 PM To:Steve Goins; Michael MacSems; Kell Rowen; Randy Collins Cc: Kim Savage;Stacl Saunders Subject: RE:Olympic Ridge and BOCC Approval Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password,DO NOT DO SO! Instead,report the incident. All, As we discussed at our meeting yesterday,two of the conditions can be delayed until after Final Plat recording with the execution of an agreement to address those conditons by a defined later date. These include the construction of the secondary EV access and Installation of^No Parking"signs along the primary collector portion of Ridgepoint Blvd. The exact format of this agreement was not discussed,but attached is a Memorandum of V nderstanding that we have prepared that should be able to serve as the agreement. Please have both parties'legal counsel review the attached draft version and add/revise as necessary. Let me know If anyone has any questions at this Hme. Thanks. Gabe Jellison, P.E. pex 26015.35th 5L Ste.200 I Tacoma,WA 98409 I O 253.4D3.4494 x1201 I F 253.473.0599 jell Isnn rma ReE4aglaflar-ing.net www�PSEf£9gL^�riRg.net >;x 31g !/3 ` 2181410 Mason County WA OOHa/2022 a2:21:'I'1 PM OECL eReoordad Y119E26 RaaFea:i203.3a Pagea:9 gPEX RET[RtN ADDRES6 Iglu � 9 e I ORANTOR(B)(Last.Flrrt and Middle Inittwl) KL WB9 A1V,LLC,a Oalewara l.orporaGpn ORAIV'I'BE; MA80N COUNTY DEPARTMENT O8 PUBLIC WO]IICS DECLARATION OF COVENANTS A860C[ATED W1TH PRIVATELY MAINTAINED STORM DRAINAGE PACII.I'PIES _ Deolaratlon oFCovenent In ooneideretion of approval of the develo letlng roe al property IniPlly deacrlbed es follows: SE 3/4 of NW 1/4 of Sec.2B,iW P-33N.,Rga.1W.and NE 1/4 of NW 1/4 a}Sac.26,TVvp.23N.,Rga.3E., W.M.gee page 3 farfull lagel tleaMpllon. County Ascas¢or•s Property Tex Parcel Numbu 3232g-21-ODppO, 2p2 20-11000D The vndcrsigned,as owner(a),covenant end agree that: 1.If at any time M C � rcasonably dotennines that maimm�enceP ropaidesc ibed rcquirod ro ba dorm to the eXlsl{ng,approved storm drains facilities installed on the roperty above and located ausside of any public right-of y(which will mean vnpelr and w otaan out of the exiatin6 system on1Y ro Uw same amndarda ea ar161naliY installed and approvcd),Use Dirooror of We pare Ebrm such m intenance orarepaira.,orto have Urem pertbnned by a hue.a tfiaL Use County Intends to If the cartent owners have not wmplemd or are not tl{tlgantly pursuing the ropslr or maintenance of the system antl it becomes nxessary for h'----^^"^^'ro PerFdrm the work,the ourrrn<owners will asaumc respons3ility for the cost of such maintananoa or repaM end will rc{mbune the County within thirty days ofreneipt ofUte invoice.Overdue payments will require payment oElnterest at Ufa ourmm legal rate for liquidated judgmedis,end any eocta or toes 3nourred by the County should any legal eclian be required to collect such payments,will bn borne by the parties responsible for said reimbursements. 2.If as any Hme M �reasonably determines that the existing end approved storm drainage sysem on the property posse a hamrd ro life and 11mb,or endangers property,or adversely affect¢the¢afbty and operatloru of a public way,due m failure,damage or no eintenan3e of thn exi"sting on-site storm system.end Sher the aimatlon is so adverse as ro preclude written notice ro acid owners,tl.e liircctor of Ute Departrnrnt oFPublfo Works may robe the meesuros necessary to eliminate the irerardon ¢imatlnn(wbich will mean repair or Olean ut of rho exic[ing rymam only to the same sinnderda es originally instdied end approved)provided the Dlraa[or has Brat meat a reasonable etibrt m IOGate said owner bofora coring. The cunm<ownen will assume reapovibigty for me Doer ofsuoh mefnOmmw or ropalr:wtd will rohnbtase ma Cowrty wlddn minty dqa of teeailrt ofma Inwim.OvaNue paymrnts will roquiro Payment of hdataat et me taarmrt legal race for 119uldamd Judgmrnfs,antl evy wam or Ceee Ittou[rod by ma County. should.et'be bona by the partles rosponeibta for add roimbursemetns. 3.TRe owner shell keep the Maaoo County Public Works Daparbnrnt irtfonned R dl tboes as m me Hama, eddroas and mlephone number of me eonmot person responsible for me performance of mdatmanea or ropdr work m the amnn droinega Ymliltles. These covartanta see Irtmnded to protect me value end destrability of me real property deacrl6ed abov0.and m beneft all me ciNmns of Meson County.Thry shall run wim me leod and ba bindieg on dl paMea having or aoqulring from the current oween or melt sueeeseors,any rlgh;tide or interact theroin,and m me benefit of s11 the eltitxins of Muon County. Signanue Sitp�amro 12,kn M /�.1Mrf 5 fhvear a 4 IJa�lh � �/el�� S�7sdale AL 6525( City,Staa0.ZiP l City.Stem,Zip Phone: ✓ IL—�LYL Phone: BTATB OP���a,���/��y� County of r�_yaa�a.-�.f- ee.CI�PRHBL'NTATN6 ACIQVOOV[.BDOPAQNI') I oertiQr msi I Imow or haw catlsfactory arfd®ca mat �TTygn��� ie ma Imsoa wlm appeared beforo.m,and add pemoa acknowlWgid mat he/sheM1bvy dgnaa this a.m��ya�tpn<ee/pharmer w.a y}m h.em.mm and mlmowledgad a a.m�/lYY7Yt�'B7 st f+t/'O/�� of�a 111'lr��� LLC ee be ma aaa and vobmtary cot of such form see and p.vpoeas tloued m m1e''-' _,///. GIVEN UNDER MY HANb AND OPPfCIAl,SEAL ibis Ldry-"'-`-�1-'20�. ftATFYW BOLT Notary Publfo In ;f hearri _ sS m f �f r/ NWryPtOYo-Athena rosldiag nt� 3 b aria Count'. reY���rH My Commialoo wtPlnm 2'18'14'10 Page 2 of 3 OS/'10/2022 02:2�:'1'1 PM Mason County, WA c,� �i# S, 3/3 (TPN 12326-24-OODOO) THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH,RANGE 1 WEST,W.M.,MASON GOU NTV,WASHINGTO N,LYING WESTERLY OF THE US NAVYYARD RAILROAD RIG HT-OF-WAY,EXCEPT THE FOLLDWING DESCRIBED PARCEL OF LAND LOCATED IN SAID SECTION 26: BEGINNING ATTHE NORTHEAST CORNER OF BELFAI R STATION,AS SHOW N ON THE PLAT THEREOF, RECO RDED U N DE R A FN 622263 1 N V OlU ME 10 OF PLATS AT PAGES 143, RECORDS OF MASON COU NTV, WASHINGTO N; THENCE SOVTH 89'OTOl" EAST,ALONG THE PROLONGATION EASTERLYOFTHE NORTH LINE OF SAID i PLAT OF BELFAIR STATION,BEING ALSOTHE NORTH LINE OF SAIDSOUTHEASTQUARTER OF THE NORTHWEST QVARTER OF SECTION 26, A DISTANCE OF 367.32 FEET TO THE WESTERLY MARGIN OF A ' PRIVATE ROAD; THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING COURSES:SOUTH I9'00'30" WEST,483.10 FEET;SOUTH 70'69'30" EAST,2S.OD FEET; SOUTH 19'OD'3D" WEST,426.20 FEET TO THE BEG IN NING OFA CU RVECO NCAV E NORTH WESTER LY AND HAV ING A RADIUS OF 190.00 FEET; THENCE SOUTHWESTERLY,CONTIN V ING ALONG SAID WESTERLY MARGIN,ANDALONG THEARC OF SAID CURV E,THROUG H A CENTRALANG LE OF 35'04'12" A DISTANCE OF 116.30 FEET; THENCE CONTINUING ALONGSAID WESTERLY MARGIN,SOUTH S4^D4'42" WEST,SO.50 FEET TO THE EAST LINE OF AFORESAI D PLAT OF BELFAIR STATION,BEING ALSO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 00"49'26" EAST,ALONG SAID EASTERLY LINE,995.23 FEET TO THE POINT OF BEGINNING. SAI D LAN D 6EING ALSO KNOWN AND DESCRI BED AS THE RESULTING PARCEL I OF BOUNDARY LINE ADJUSTM ENTNO.00-35, RECORDED JU LY I7, 2000, AU DITOR'S FILE NO.1714660. (TPN 12328-21-00000j ALL THAT PORTION OF THE NORTHEAST qUA RT£R OF THE NORTHWEST gUARTER OF SECTION 26, TOWNSHIP 23 NORTH,RANGE 1 WEST,W.M.,MASON COU NTV,WASHINGTON,LYING WESTERLY OF THE US NAVYYARD RAILROAD RIGHT-OF-WAYAND LYING EASTERLY OF STATE ROUTE 3. 276'1410 Page 3 of 3 OS/'10/2022 02:2'1:'1'1 PM Mason County, WA �x #� � �/t MASON COUNTY DEPARTMENT of PUBLIC WORKS/UTILITIES ffi WASTE MANAGEMENT 100 W PUBLIC WORKS DRIVE SHELTON,WASHINGTON 98584 MEMORANDUM DATE: January 4, 2022 TO: Michael MacSe ms,Senior Planner FROM: Loretta Swanson, Director SUBJECT: Olympic Ridge—Final Plat Approval 6tormwater Requirements Mason County Public Works has inspected, reviewed the record drawings and other required submittals necessary for final plat approval and recommends approval. Temporary erosion and sediment control and permanent stormwater control plans and a report were submitted for review and approval. A Construction stormwater General Permit was applied for, issued by Department of Ecology (WAR390505) and is active. The stormwater facilities are private and shall be maintained by the Olympic Ridge Owners Association. An operation and maintenance plan was prepared by the engineer and stormwater facility operation and maintenance covenants recorded under Auditor's File #2181410. III As noted on the face of the plat, issuance of building permits requires submittal of a building site plan demonstrating temporary and permanent stormwater management measures consistent with the approved stormwater management plan. This includes tight-lining downspa uts to the drainage system to divert runoff from geologically hazardous areas. Thank you for the opportunity to review and comment. Please do not hesitate to call (360) 427-9670 Exi. 769 or email if there are any questions or clarification required. i Pages 1 of 1 �'x ) O P I /zb WHEN RECORDED,RETURN TO: Lennar Northwest, Inc. 33455 6th Avenue South, Federal Way,WA 98003 Attn: Brian Nguyen Document Title Declaration of Covenants,Conditions,and Resn�ictions for Olympic Ridge Reference Number of Related (Map) Document Grantor KL LHB3 AIV LLC,a Delaware limited liability company Grantees Olympic Ridge Owners Association, a Washington nonprofit corporation Olympic Ridge, a plat community ' KL LHB3 AIV LLC Abbreviated Legal Description Portion of Section 28,Township 23 N.,Range 1 W.,W.M., Mason Cuunty,Washington Tax Parcel Numbers 1 23 282 1 00000; 1 2 3 2 82400000 ' 1 - (04586056.DOCX;fi) �X !!� Z/z6 I DECLARATION OF COVENANTS.CONDITIONS.AND RESTRICTIONS FOR OLYMPIC RIDGE This Declaration of Covenants,Conditions, and Aeatrictiona for Olympic Ridge ("Declaration") is made this _ day o£ 20_, by KL. LI-IB3 AIV LLC, a Delaware limited liability company("Declarant") the owner of certain real property situated in Mason County,Washington,which property is more specifically described on E hibit A, attached hereto and incorporated herein ("Real Property'. RECITALS Declarant desires to develop the plat of Olympic Ridge ("Olympic Ridge") as a residential plat comanunity on Ste Real Property.Declarant also desires to create common areas and facilities for the benefit _ _ ._ _ _ _ -of the�lyinpic Aidga coinriiunity aitdEo provide-for 4he pzeaervation tifthe aafursl'vslues-in-Olyinptc' - Ridge. This Declaration establishes a plan for the private ownership o£Vnits (defined below) and the buildings constructed thereon, for the dedication of certain areas to the public, and fro' the beneficial ownership through a nonproFit corporation of certain other land and related easements, hereafter defined and referred to as the "Common Elements:' The nonprofit corporation shall be delegated aad assigned the duties and powers of maintaining and administering the Common Elements, administering and enforcing these covenants, conditions,and restrictions, and collecting and disbursing the assessments end charges hereinafter created. NOW, TFIER L�FORH, D¢clarant hereby covenants, agrees, and declares that all of the Real Property,as defined herein,and the buildings and structures hereafter constructed thereon are,and will be, held, sold,and conveyed subject to and burdened by the following covenants,conditions,restrictions, end easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Olympic Ridgc for the benefit of the Unit Owners thereof,their heirs,successors,grantees, and assigns.All provisions of Chis Declaration and the Act(defined below)shall be binding upon all par[i¢s having or acquiring any right, title, oz interest in the Real Property or any part thereof, and shall inur¢to tfie benefit of the Unit Owners thereof and to the benefit of the Association and are intended to be and shall in ell respects be regarded as covenants running with the land. In the event of a conflict between this Declaration and the Act,the Act shall prevail. ARTICLE 1_DEFINITIONS Section 1.1 "Act"means the Washington Uniform Conunon Interest Ownership Act Chapter 64.90 o£the Revised Coded of Washington("RCW"). Sectlon 1.2 "Association" means the Olympic Ridge Owners Association, a Washington nonproFit corporation,and its successors and assigns. Section 1.3 "Association Actlon" means a written corporate action of the Association in the form of either a bylaw or resolvtimt duly passed by either the Board or the Unit Owners. Sectlon 1.4 "Board"means the board of directors o£the Association. '2' j045S6056.DOCX:6 1 �cx 10 3/ZG - Section 1.5 "Common Elements"means real estate other then a Unit within the Real Property, owned and/or maintained by the Association. As of the date of this Declaration, the Common Elements consist of: All Common Elements depicted on the Map, including without limitation, the roads and sidewalks, and recreational areas, all as identified and/or illustrated on the Map, recorded in the real I property records of Kiisap County. Section 1.6 "Common Expenses"means the costs incun'ed by the Association to exercise any of the powers provided for in the Act and this Declaration. Section 1.7 "Declarant" means the entity described on the first page of this Declaration and � its respective successors and assigns. Nothing contained herein shall be deemed or construed by the Association or by any third person,to create the relatlonship of principal and agent, or a partnership,or a joint venture, or any association between ot-aanong any of the signatories hereto. Section 3.8 "Declarant Control Period"means the period of time from the date of recording of this Declaration until the earlier of: (a) aixly (60) days after conveyance of seventy-Fear sat}e pthe last of the Units that may be created to Unit Owners other Shan Declarant; (b) two (2) y conveyance o£ a Unit, except to a dealer; (c) two (2) years after any right to add new Units was last exercised; or(d)the day Declarant,after giving notice in a record to Unit Owners,records an amendment to this Declaration voluntarily surt-endering all rights tv appoint and remove officers and Boat-d members. A partial delegation of authority by the Declarant of any of its management duties described in the Declaration shall not terminate the Declarant Control Period. Section 1.9 "Declaration" means this instrument, as Ute same may be supplemented or ¢mended from time[o time. Section 110 "Governing Documents" shall mean and refer to this Declaration, the Map, the Articles of Incorporation, Bylaws and rules and regulations of the Association, ot- any other written instrument by which the Association has the authority to exercise any of the powers to manage,maintain, or otherwise affect Olympic Ridge, as any of rise£oregoinS may be amended$om time to time. Section 111 "Map" means the Final plat of Olympic Ridge recorded under Mason County recording no. Section 1.12 "Mortgage" means any recorded mortgage or deed of trust encumbering one or more of the Units. "First Mortgage" shall mean and refer to a Mortgage with priority over the other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited Yo Institutional Mortgagees. As used herein, the term Ina[Itutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations,trusts,mutual savings banks,credit unions, pension funds, Pederal National Mortgage Association, Federal Home Loan Mortgage Corporation, all �� corporations, and any agency of department of the United States Government or of any state or municipal goyennnent. Section 1.13 "Real Property" means the[ certain real property, which is legally described on Exhibit A attached hereto, and such additions thereto es may hereafter be brought within the tenna and conditions hereof by an appropriate recording. -3 - i045a6056.nOC%:6 Section 1.14 "Reserve Account"has the meaning set forth in Section 3.12 of this Declaration. Section 1.15 "Reserve Component'means a physical component of Olympic Ridge which the Association is obligated to maintain,repair or replace,which has an estimated useful life of less than thiaty (30)years, and£or which the cost of such maintenance,repair or replacement is infi-equent, significant and impractical to include in an annual budget. I Sectjon.1.16 "Reserve Study Professional" means an independent person who is suitably qualified by knowledge, skill, experience,training, or education to prepare s reserve study in accordance with the Act. Section 1.17 "Significant Asaeta" means that the current replacement value of the major Reserve Components is seventy-Five percent (75%) or more of the gross budget of the Association, excluding The Association s'ResBive Accotitt£fitiids. -- - Section 1.18 "Structure" means any building, fence,wall, driveway,walkway,patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, -rockery, dog run or the like. Section 1.19 "Unit" means any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process Fm-dividing land and subjected to this Declaration by an appropriate recording,with the exception of Tracts and Common Elements.As indicated on the Map, Olytnpic Ridge shall include 144 Units. Section 1.20 "Unit Owner"or"Owner"means the record owner<whather one or more persons or entities)of a fee interest in any Unit,including the Declarant but excluding Mortgagees or other persons I or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall ba deemed Unit Owners as against their tcspective sellers or assignors. ARTICLE 2.OLYMPIC RIDGE OWNERS ASSOCIATION Section 2.1 Description of Association.Tha Association is a nonprofit corporation organized i and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time fo time; provided,however,that no Governing Documents of the Association other than this Declaration shall for ' any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. The Association shall have a perpetual existence.Upon dissolution or Final winding up of the Association entity under the laws of the State of Washington, all o£its assets remaining after payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the Association entity in accordance with the Articles of Incotpomtion,Bylaws,and provisions of Ch.24.03A ACW and the Act.In the case of any conflict between the provisions of Ch.24.03 A RCW and the Act,the Act shall control.The I Unit Owners are responsible for providing that the Association continues to be a£auctioning legal entity. Section 2.2 Association Board. During [he Declarant Control Period, the Declarat, or persons designated by Declarant, shall have the power to appoint or remove any member of the Board. Notwithstanding the foregoing,no]star thou sixty(60)days after conveyance of twenty-five percent(25%) of the Units that may be created to Unit Owners otlter than Declarant,at least one(1)member end not less -4- 104586056-DOCX;6 j than twenty-five percent (25%) of the members of the Board must be elected by Unit Owners other than Declarant. Not later than sixty (60)days after conveyance of Fifty percent(50%)of the Units that may be created to Unit Owners other than Declarant, not less than thirty-three and one-third percent(33.33%) of the members o£the Board must be elected by Unit Owners other then Declarant. Until such members are elected and take office,the existing Board may continue to act on behalf of the Association. Within thitTy (30) days after the termination of the Declarant Conttnl Period, the Board must schedule a transition meeting and provide notice to the Unit Owners in accordance with ACW 64.90.445(I)(c).At the transition meeting, flte Board elected by the Unit Owners must be elected in accordance with RCW 64.90.410(2). Within Thirty(30) days after the transition meeting,Declarant shall deliver the materials required by RCW 64.90.420 to the Association.Within sixty(60)days after the transition meeting,the Board shall retain the services ofa certified public accountant to audit the records o£the Association as of the date ofthe transition meeting in accordance with generally accepted accounting standards, unless a majority of the members elects to waive such audit. Section 2.3 Votes Appurtenant to Units. Evcay Unit Owner shall be a member of the I Association.The Owners) o£a Unit shell be entitled to cast one(]) vote in the Association for each Unit owned.A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Unit to which it relates. A vote shall not be separated From ownership of the Unit to which it relates; I provided,however,that when more than one(1)entity holds the beneficial fee interest in any Unit,the vote therefore shall be cast as the Unit Owners among themselves determine, but in no event shall more than on¢vote be cast with arespect to any Unit;and if the several Owners of a Unit are unable to agreo as to the casting o£their vote, such vote shall not b¢ counted. 7£a Unit is further subdivided as provide in Section 6.1,the Owner of each additional Unit created shall be entitled to one(1)vote in the Association for each Unit owned. 1 Section 2.4 Unit Owner's Compliance.By acceptance of a deed to a Unit,recording of a real estate contract conveying title to a Unit,or any other means o£acquisition of an ownership interest,the Unit Owner thereof covenants and agrees,on behalf of himself and his heirs,successors,and assigns,to observe and comply with the terms of The Map,this Declaration,the Governing Documents of the Association,end all rules and regulations duly promulgated pursuant to Association Action. Section 2.5 Bylaws, Rules and Regulatlona. The Board on behalf of the Association shall have the power to adopt,modify,and amend talcs and regulations governing the vs¢of the Real Property, provided that such rules and regulations shall not be inconsistent with this Declaration and during the Declarant Control Period, must be approved in writing by the Declarant. The talcs and regulations shall apply uniformly to all Unit Owners,except as specifically provided herein.The Board shall have the power to enforce the rules and regulations on behalf o£ the Association and may prescribe penalties for the violation of such rules and regulations, including, but not limited to, suspension of the right to use [he Common Elements or portions thereof. The Board must,before adopting, amending or repealing any rule, give all Unit Owners notice of: (a) its intention to adopt,amend or repeal a rule and provide the text of the rule or the proposed change;and(b)a date on which the Board will act on the proposed rule or amendment it after considering comments from Unit Owners. Following adoption, amendment or repeal o£a rule, the Association thus[ give notice to the Unit Owners of its action and provide a copy of any new or revised rule. A copy of the Hales and regulations then in force shall ba retained by the Secretary of the Association. The Declaranq on behalf of the Board, may adopt the initial Bylaws and rules and regulations of Hte Association. -5 - I09566056.00CX:G) i �x IU 6/zG _ Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements. The Association, acting through its agents and employees, shall have the right to have access to each Unit ftomn tune to time as may reasonably be necessary for inspection,maintenance,repair or replacemnent or improvemnent o£any o£tha Common Elements accessible themcfi�om,or£or snaking repairs or remnedying conditions, including removing dangerous structures, on a Unit as deemed necessary by the Board,in the Board's reasonable discretion,to prevent damage to the Crnnmon Elements or to other Units or improvements thereon, or for any emergency situations. The cost of work necessary to remedy such conditions caused by or refused to be corrected by the Unit Owner shall be a special assessment on such Unit Owner and his Unit only.Th¢Association's right provided in this Section 2.6 shall be exercisable after seven(7) days' notice to the Unit Owner and an opportunity to be heard if requested by the Unit Owner, and approval by atwo-thirds (2/3)majority vote by the Board.The Foregoing notice shall not be required i in the¢vent of an emergency situation,s$determined by the Board in its reasonable discretion. -- --Section 2.7 - 'lmplled-liighte.-The Association inity exercise'airy-right or-ptivilage given to it -- � ' _ expressly by this Declaration or the Bylaws or which may be reasonably implied firm, or reasonably necessary to effectuate,any such right or privileg¢. Section 2.g Special Declarant Rights. Subject to the Act,Declarant shall have the right to: (a) Complete any improvements indicated on the Map or described in this Declaration or the public offering statement pursuant to RCW 64.90.610(1)(h); (b) Exercise any development right; (c) Maintain sales offices,management offices,signs advertising the Plat Community, and models until Declarant no longer owns any Units in the Plat Community or no longer has th¢right to create a Unit in the Plat Comtunity; (d) Use easements through the Common Elements for the purpose of making improvements within the Plat Community or within real property that maybe added to the Plat Community; (e) Mak¢the Plat Community subject to a master association; i (fl Merge or consolidate a common interest comnrnunity with another common interest comrmnmunity of the same form o£ownership; i (g) Appoint or remove any officer or board member of the associatien or any master association or to veto or approv¢a pmpos¢d action of any board or association; (h) Control aay construction, design review, or aesthetic standards committed or I� process until Declarant no longer owns any Units; (i) Atteud meetings o£the Unit Owners and, except during au executive session,the Board; end (j) Have access to the records of the Association to the same extent as a Unit Owoer (collectively,the"Special Declarant Rights"). -6- (04586056.DOCX:6) ��( :f} i o -7jz 6 Except as otherwise provided in this Declaration, all Special Declarant Rights shall expire ten (10)years after the conveyance of the first Unit in Olympic Aidge;provided,that Declarant may voluntarily temvinate any and all such rights at any time by recording an amendment to the Declaration, which amendment spacifles which rights are thereby terminated. Section 2.9 Association Property.The Association,through action of its Board,may acquire, Ivold and dispose of tangible and intangible personal prroperty and real property. ARTICLE 3.ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS Section 3.3 UNt Owner's Covenants to Pay Assessments. By acquisition of any ownership interest in a Uniq the Unit Owner thereof covenants and agrees thereby,on behalf of himself or herself and his or her heirs, successors, and assigns, to pay th¢ Association, in advance, all general and special i assessments levied as provided herein. Assessments for Common Expenses and those specially allocated expenses tnust commence on all Units that have been created upon the conveyance of the first Unit in Olympic Ridge; however, Declarant may delay commencement of assessments for some or all Cornrnon Expenses or specially allocated expenses,in which event Declarant must pay all of the Common Expenses or specially allocated expenses that have been delayed. Section 3.2 Specially Allocated Expenses.Pursuant to RCW 64.90.480,the Association shall specially allocate c¢rtain expenses as follows: (a) Expenses benefiting f¢wer than all of the Units, or the Unit Owners of such benefited Units exclusively, must be assessed against [he Units benefited, with the expenses allocated ¢venly between the benefited Units. (b) Assessments to pay a judgment against the Association may be made only against the Units in Olympic Ridg¢at the time the judgment was entered, in proportion to their Common Expense liabilities. (c) To the extent that any expense of the Association is caused by the negligence,gross negligence, or willful misconduct of any Unit Owner or that Unit Owner's tenant, guest, invitee, or occupant, the Association may assess that expens¢ against the Unit Owner's Unit after notice and an opportunity to be heard, to the extent of the Association's deductible and any expenses not covered under an insurance policy issued to the Association. (d) In the ¢vent of a loss or damage to a Uni[ that would b¢ covered by the Association's property insurance policy,excluding policies for earthquake,flood,or similar losses that have higher than standard deductibles, but that is within the deductible under that policy, the Association may assess the amount of tive loss up to the deductible against that Unit.This subsection does not prev¢nt a Unit Owner from asserting a claim against another person for the amount assessed if that ocher person would be liable for tive damages under general legal principles. Section 3.3 Associat/on Budget. The Association shall pr¢pare, or cans¢ the preparation o£, an operating budget for the Association at least annually,in accordance with generally accepted accounting principles.The Declarant shall adopt the initial operating budget for the Association.The operating budget shall set forth all sums required by the Association,as¢stimated by the Association,to meet its annual costs and expenses, including, but not limited to, all management and administration costs, operating and _ 7 _ ta45aG056.nOCX:fi j �x �O 5s'/z 6 . maintenance expenses of the Common Elements, and eatvices famished to or in connection with the Common Elements, including the amount of all taxes and assessments levied against, and the coat of liability,property and other insurance on,the Common Eletnenta, and including charges£or any services furnished by or to the Association;the cost of utilities and other services;and the coat o£funding all reserves i established by iha Association.The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Unit Owner as provided hereaRer.ARer adoption o£the operating budget,the Association may revise the operating budget at any time and{rom time to time, in accordance with the procedures set£oath in Section 3.3(a)below, as it deems necessary or advisable in order to take into account and defray additional costs and expenses o£the Association. i (a) Ad tJ£Bt�dg_ed• Within thirty (30) days aRer adoption by the Board of any proposed regular or special budget of the Association,the Board shall provide a copy of the proposed budget to all Unit Owners and set a date£or a meeting of the Unit Owners to consider ratification of the budget not - - less then£ourteen(14)ndi more than fifty(50)days a�tec providing the biidgetl Unless at that meeting the - - - Unit Owners to which a majority of the votes in tfia Association are allocated reject th¢budget, in person or by proxy,the budget and the assessments against the Units included in the budget are ratified, whether or not a quorum is present.I£tha proposed budget is rejected,or the required notice is not given,the periodic budget last ratified by the Unit Owners shall be continued until such fime as the Unit Owners ratify a subsequent budget proposed by the Boatel. (b) � t Cn�^'aT - Aa part o£th¢ auntnaaty of the budget provided to ell Unit Owners,the Board shall disclose to the Unit Owners: (i) The projected income to th¢Association by category; (ii) The projected Common Expenses and those specially allocated expenses that are subject to being budgeted,both by category; (iii) The amount of assessments per unit and the date the assessments are due; (iv) The current amount of regular assessments budgeted for contribution to the Reserve Account; (v) A statement o£whether th¢Association has a Reserve Study that meeTs the requirements o£RCW 64.90.550 and, i£so, the extent to which Che budget meta or deviates £rom the recommendations of the resew¢study;and (vi) The current deficiency or surplus in reserve funding expressed on a per Unit basis. Section 3.4 Levy of General Assessment. In order to meet The costs and expenses projected � in its operating budget, the Association shall determine end levy in advance on every Unit a general assessment, which shall become effective only after the Board follows th¢procedure for ratitcation o£a budget described is Section 3.3(a)and the Unit Owners do sot reject the proposed aseessmavt.The amount of each Unit's general assessment shall be the amount of the Association's operating budget divided by Hte � sum of the number o£Units. Tlae omission by the Association, before the expiration o£any assessment � period,to fix the amount ofthe geteral assessment hereunder for that or the next period,shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Unit Owner _8 _ t04586e56.DOCX;6 1 �x lU �/z6 from the obligation io pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment Fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the opw'ating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Units and give notice to each Unit Owner in accordance with Section 33(a). �I Section 3.5 Payment of Assessment.Installments of general assessments tnay be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board and ratified by the Unit Owners in accordance with Section 3.3(a). Unless the Board otherwise provides,one-twelfth(1/12)of the General Assessment shall be due in advance on the first day of each calendar month.Any Unit Owner may prepay one or more installments o»any assessment levied by the Association without penalty. Section 3.6 Nondiscriminatory Assessment. Except as otherwise specifically provided herein,no assessment shall be made at any time which may unreasonably discriminate against any particular Unit Owner or group of Unit Owners in favor of other Unit Owners. Section 3.7 Commencement of Assessments.Liability of a Unit Owner for assessments shall commence on the date upon which any instrument of n-ansf¢r to such Unit Owner becomes operative(such as the date of a deed or the date of a recorded real estate contract for the sale o£any Unit)or, if earlier,the commencement date of Unit Owner's occupancy of such Uni<. Upon the initial closing on any Unit from Declarant, the buyer thereof shall pay aone-time assessment in the amount of Five Hundred Dollars ($500.00). Tltis amount shall be in addition to any assessment established by the Association,and shall be paid by all buyers,including builders.This amount i may not be used to defray expenses that are the obligation of the Declarant pursuant to RCW 6490.480. Sect/on 3.8 Certfficstes of Assessment Payment. Upon request, the Board shall furnish written certif cafes certifying the extent to which assessment payments on a speciFied Unit are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.9 Special Assesamenta. In addition to the general assessments authorized by this Article, the Association may, by following the same procedure for ratification of a budget set forth in Section 3.3(a),levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part,the cost of any construction or-reconsttttction, inordinate repair, or replacement of a capital improvement located upon or£arming a par[of the Common Elements,including necessary£xtures and personal property related thereto,or£or such other purpose as the Association may consider appropriate. The due dates of any special assessment payments shall be Fixed by the Association Action authorizing such special assessment. Section 3.10 Effect of Nonpayment of Assessment.If any assessment payment is not made in full within thirty (30) days after it was first due and Payable, the unpaid amounts shall constitute a lien against the Unit assessed and shall bear interest from such due date at a rate of twelve (]2) percent per annum or the highest rate then permitted by law, whichever is less. By acceptance o£a deed to a Unit, recording of a real estate contract therefore,or any other means of acgnisi[ion of an ownership interest,and whether or not it shall be so expressed in any such deed or other instrumenq each Unit Owner shall be deemed to Srant thereby to the Association,its agents and employees,and to Declarant dtn-ing the Declarant Control Period,the right and power to bring all actions against such Unit Owner personally for the collection -9- (a4586056.�OCX:G ��c !c� )v/zs of such assessments as a debt,and to enforce the liens created by this Declaration in favor of the Association by foreclosure o£the continuing liens in the same form of action as is then provided£or the foreclosure of a rortgage on real properly. The liens provided for in thin Declaration shall be for the bene£t of the Association and shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association. The Association shall have the power to bid at any lien foreclosure sale and to acquire,hold,lease,mortgage,and convey the Unit foreclosed against. Section 3.11 Duration of Lien.Any lien arising pursuant to Section 3.9 shall be a continuing lien in the amount stated in the assessment atom the tune of the assessrnent,but expiring pro rate as the assassanent payments are made,and shall also be the personal obligation of the person or entity who is the Unit Owner o£the Unit at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided,however,that in the case of a sale or contract£or the sale of any Unit which is charged with the payment o£an assessment,the - - person of"entity who is the Unit Owner immediately prier to the date of such sale shall be personally liable for the amounts o£the monthly installments due prior to said date, and the new Unit Owner shell be personally liable for monthly installments becoming due on or after such date.The foregoing limitation on the duration of the personal obligation o£a Unit Owner to pay assessments shall not, however, a£fecT the validity or duration o£the continuing lien for unpaid assessments against the respective Unit. Sectlon 3.12 Reserve Account for Repair or Replacement. Unless Olympic Ridge has nominal reserve coats or the cost of a reserve study or updato exceeds ten percent(1 O%)of the Association's annual Common Expenses, the Association shall establish and maintain a reserve fund for major maintenance, repair or replacement of the Common Elements and any improvements thereon ("Reserve Acceunt'�. Such Reserve Account shall be deposited with a banking instlmtion, and in the name of The Association. The Reserve Account shall be expended only for the purpose o£ affecting the major maintenance, repair or replacement of the Common Elements and any improvements and community facilities thereon, and to any sidewalks, roads, walls or pathways developed as a pert of Olympic Ridge, equipment replacement,end£or operating contingencies o£a nonrecurring nature.The Board is responsible £or administering the Reserve Account. The Association may establish such other reserves for such other purposes as it may ttom time to time consider to be necessary or appropriate.The proportional interest of any Unit Owner in any such reserves shall be considered an appurtenance of his Unit end shall not be separately withdrawn,assigned,or transferred from the Unit to which it appertains. Sectlon 3.13 Withdrawals from Reserve Account. The Board may withdraw funds from the Reserve Account to pay for unforeseen or vnbudgeted costs that arc unrelated to elplacemenk coats o£the Reserve Components.Any such withdrawal must be recorded in the minute books o£the Association.Tire -Board must give notice of any such withdrawal to each Unit Owner and adapt a repayment schedule not to exceed twenty-four (24) months unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Unit Owners.The Board musk provide to Unit Owners along with the annual budget adopted in accordance with Section 3.3: (a)notice of any such withdrawal; (b) a statement of the cuaent deFciency in reserve £ending expressed on a per unit basis; sad (c) the repayment plan. The Board may withdraw funds from the Reserve Account without satisfying the notiFcatimr for repayment requirements under this Section to pay £or replacement costs of Reserve Cotnponants not included in the reserve study. Section 3.14 Reserve Studies. Tha provisions o£this Section 3.14 are intended to srmm�arize the requirements £or reserve studies as provided in RCW 64.90.645 — 64.90.560, and in the event o£any conflict with the provisions herein,the statutory provisions shall control. - 30- (04586056-DOCX;6 j I' �,� )p I f /z6 (a) B d D nation. Unless exempt under Section 3.12, the Association must III prepare and update a reserve study in accordance with this RCW 64.90.550("Reserve Study"). An initial Reserve Study must be prepared by a Reserve Study Professional and based upon either a Resetve Study i Professional's visual site inspection of completed improvements or a review o£plans and speci£acations For unbuilt improvements,or both when consttvction o£some but not all o£the improvements is complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection conducted by the Reserve Study Professional. (b) 1 O D d. When more than three (3)years have passed since the dace of the last Reserve Strtdy prepared by a Reserve Study Professional, the Unit Owners to which at least twenty perce»t(20%)of the votes ere allocated may demand,in writlng,to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end o£that budget year.The written demand must refer to RCW 6490.555.The Board shall,upon receipt of the written demand, include the cost o£a Reserve Study in the next budget and, iF tfiat budget is not rejected by the Unit Owners pursuant to Section 3.3,an'ange£or the prepaxation of a Reserve Study. Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies. Monetary damagos or any other liability may not be awarded against or imposed upon the Association, its ofFcera, the Board, m� those persons who may have provided advice or assistance to the Association, its officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study prepared or updated in accordance with Ute requirements of the Act and this Declaration; or(c) make the required disclosures in accordance with Section 3.3(b)and the Act. Section 3.16 Fatiure to Comply Does Not Relieve Uni[Owners.A Unit Owner's duty to pay assessments is not excused, and a budget ratified by the Unit Owners is not invalidated, because of the Association's failure to comply with the Reserve Study or Reserve Account requirements. Section 3.14 C¢rtain Areas Exempt. The.Tracts and all portions of Olympic Ridge dedicated to and accepted by a Public authority shall be exempt from assessments by the Association. I ARTICLE 4.ARCHITECTURAL CONTROL COMMITTEE Section 4.1 Architectural Control Committee. An Architectural Control Committee ("Committee") consisting of at least three (3) members, but in any event always an odd number of members,is hereby creaked wi[h The rights and powers set forth in this Declaration.The initial members o£ the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board o£Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of tfie Committee or to Fill any vacancy until the expiration of the Declarant Control Period. Aftor the expiration o£the Declarant Control Period, the Board shall have the power to appoint and remove the members of the Committee. Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans end speciF cations for construction of all residences and other Structures within Olympic Ridges,including any additions,exterior alterations,fences,major landscaping,clearing painting,paving and excavation.During the Declarant Control Period, a prospective Unit Owner shall submi[ arcbitacmral and landscaping plans - 1 1 - 1 t0458 605 6-OOCX:S 1 £�x IU � 2/zG I i and specifications to the Committee for its review prior to closing the putrohese of a Unit.Prior to submittal I to the Committee, the Unit Owner shall verify all improvements meet all local municipal codes. The Cotmnittee assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of the local governing authoriti¢s. The Conmittee shall adopt and publish rules and procedures for' the review of such plans and specifications. It shall be the obligation of each Unit Owner or prospective Unit Owner to be familiar with the rules and procedures of the Cotntnittee. As conditions precedent to approval of any matter submitted to it,the Committee shall find: (a) G b D I tion.The approval of the plan is in the besT interest of th¢ Unit Owner and consistent with this Declaration. (b) r_o 1 �' ='dexations. Genera] architectural considerations, including relationship and layout of Structures to natural Features and adjacent homes, orientation and location of - '- buildings,vehicular-access circulation end'parking;-setbacks,-height,walls,-fences, aiid siiiiilet-elements hav¢been designed to be compatible with the overall design of Olympic Ridge. (¢) � 'd ationa.General site consid¢rations,including site layout,relationship of sits to vegetation, natural feamrea, open space and topography, orientation and locations of buildings, vehicular access and driveway lighting,circulation and parking,setbacks,height,walls,fences and similar elements have been designed to be compatible with the overall design o£Olympic Ridge. (d) • e_.na.-s..P Cnnaiderations. General landscape considerations, including the location,Type, size, color, texture and coverage o£plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas end similar elements have been considered to ensure visual relief,to complement buildings and Structures,and to provide an attractive envixotrment for the enjoyment of the Unit Owners in general and the erilrancement of the property values in Olympic Ridge. (e) idin¢. Without limiting the frn'egoing, each residence,improvement or Structure constructed on a Unit shall be built o£new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items may be incorporated.All siding materials shall ba of masonry(including stucco,dryvit,cultured stone,brick,stone, or similar material),and/or wood or wood-type siding material.All paints or natural Finishes shall be those colors commonly known as earth tones. (f) RooFin¢.The roof shall be a composition roo£with a 3D-year life. (g) \7 R- p h d Decks. Unless otherwise approved by the Committee, ell front entry walks shall be concrete, and decks and porches shall be constructed of cedar or presaure- treatad materials, or visually similar composite decking materials. (h) >7 ' ways. All driveways shall be constructed of concrete paving. (i) T..00l Codes. A71 buildings or Sttnctures shall ba constructed in accordance with all applicable codas and regulations. hr the event of a conflict between any applicable codes and this Declaration,the codes shall govern. Section 4.3 Approval Procedures.'IWo copies of a preliminary application for approval must be submitted in writing to the Committee at the regiat¢red ofFice of the Association. Within Ffteeu (15) - 12- t04586056DOCx:6) �X IU 13/2.6 it days following receipt of a preliminary application,the Conmtitree shall notify the applicant in writing as to whether the application is complete and,if not,o£any additional information that may be required before the Conunittee can review the application.The Committee's rules and procedures may specify the payment o£a reasonable nonrefundable fee,to be set forth in the Committee roles,for the purpose of defraying the costs associated with the Committee's review of the preliminary application.This fee nray be adjusted frorti time to time by the Committee in accordance with its roles and procedures- The Cmnmtttee shall review the application in accordance with the provisions of this Section as soon as possible after a complete application has been filed.The decision of a majority o£the members of the committee shall he the decision of the Committee.One copy of approved plans will remain in the Committee's ides.A71 disapproved plans will be returned to the applicant. Section 4.4 Failure of Committee to Take Action_Except as provided in Section 4.6 below, � i£the Conunittee fails to respond to an applicant's complete and properly submitted application within thirty (30) days after the Committee has notified the applicant that Ure application is complete, £onnal written approval will not be required, and the applicant shall be deemed to have £ally complied with the provisions for approval;provided,however, if the Committee delivers notice of the need For on¢(1) thirty (30) day extension prior to expiration of the above-referenced thirty(30) day period,The Committee shall III have thh-ly(30)additional days to make its decision. Section 4.5 Committee's Obligation.The Committee,in its deliberations and in the discharge of its obligations hereunder,shall act objectively and faiAy in making decisions concerning various plans, speci£cations, plot plane and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determineYions of the Committee as to noncompliance shall be in writing signed by the Committee, and shall sot forth in reasonable detail the reason For noncompliance. The Committee may approve, approve with conditions, or disapprove an application ox any part thereof. In all cases, the sole responsibility £or satisfying the provisions of this Declaration and ell local building codes and governmental requirements rests with the applicant. In consideration of the Committee's review of an applicant's application, the applicant shall indemnify and hold rho Committee harmless ffom any claim or damages resulting from applicant's failure to comply with applicable building codes or other governmental requicements- Section 4.6 Exemptions and Variances From Committee Requirements. The Committee may, upon requesq grant exemptions and variances fi�om the rules and procedures o£the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committeo that the improvements or other matters which are desired by the applicant are aesthotically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration.Request£or an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require.The Coxmittee shall consider applications for exemption or variance and shall render its decisions within thirty(30) days after notice to the applicant ofproper submission.The£allure of the Cotnmittee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 4.7 Construction Deposit. For purposes of protecting the Common Elements and Common Element improvements against damage doting conatmction by a Unit Owner,his contractors and agents, the Committee has authority,but is not mandated,to require a cash deposit fi�om each Unit Owner to whom approval of plans is given o£an amount deemed appropriate by the Committee for such purposes ("Construction Deposif�, i£the Committee tinder that potential damage can be done to the Common - 13 - (0458G056.00CX:G) exceed Two Thousand Dol�ra ($2 000 00)e£a Unit Owner, his Contractor,tagents81or employees causes any damage or deshvction to any portion of the Con+n�on Blwnents or Common Blement Improvements, the Committee shell notify such Unit Owner and request the replacement or repair of the item or area damaged or destroyed.The Unit Owner shall have a period of two<2)business days after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule£or correction o£ �� the damage, and to cotmnence such correction. The Co+nn+ittee shall in its sole discretion approve or disapprove such course and schedule, and the Unit Owner agrees to snake such changes thereto as are necessary to obtain the Committee's appanval.if the Unit Owner fails to correct the damage in the manner or within the time approved by the Connnittee,the Committee may, at its option,perform such work as is necessary to remedy the situation on behalf and at the expense oFthe Unit Owner and apply the Construction D¢poait against the cost thereof. I£the cost of such work exceeds the tote] amount of the Construction Deposit,the Unit Owner shall pay the Association that excess cost within ten(]O)days of demand by the 'Cotiit5itida.-Upon-completion of consttddtiofi uF-the lmpidvet'neYitB dri the Uitit,-attii-following a joint' inspection of the Improvements and Unit by the Unit Owner and the Committee to verify that no damage to the Coattmon Blemanta and/or Common Blemant Improvements has occurred,the Committee shall make a Final determination o£compliance and return the remaining balance,i£any,of the Construction Deposit to the Unit Owner,without interest within tan(1 O)days of such Final determination Sectiov 4.8 Failure of Applicant to Comply.Failure of the applicant to comply with the rules and procedures of the Cotnmittae or the final application as approved by the Committee shall,at The election of the Association's Board exercised after thirty (30) days' written notice to such applicant, constitut¢a violation of this Declaration.In that event,the Board shall be empowered to assess a penalty commanaurate with the violation, which shall constitute a lien against such Unit, enforceable as provided herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or speciFic performance. ARTICLE 5.SUBORDINATION OF LIENS Sectlon 5.1 ]ntent of Provisions.Tha provisions of this Article 5 apply for the b¢ne£rt o£each Mortgagee who lends money for purposes of construction or to secure the payment o£the purchase price of a Unit. Sectlon 5.2 Mortgagee's NonllabiHty. The holder o£a Mortgage shall not, by reason o£its security interest only, be liable for the payment o£any assesam¢nt or charge, nor foz the observance or perfo+xnanca of any covenant or restriction, excepting only those enforceable by equitable rails£and not requiring the payment of money,and except as hereafter provided. Section 5.3 Mortgagee's Iiighta During Foreclosure. During Foreclosure of a Mortgage, including any period o£redemption,the holder of the Mortgage may exercise any or all of the rights and privileges of the Unit Owner of the encumbered Unit, including but not limited to the right to voke in the Association to the exclusion o£the Unit Owner's exercise o£such rights and privileges. Section 5.4 Mortgagee sa Unit Owner.At such tine as a Mortgagee shall become the record Unit Ov�n+er of the Unit previously encumbered by O+e Mortgage,the Mortgagee shall be subject to all of the tanns and cmiditions of this Declaration,including the obligation to pay for all assessmeuTs and charges I in the same manner as arty Unit Owner. - 14- (04586056.�OCX:6 �X I U jS/z6 Section 5.5 Survival of Assessment Obligatlon_After the foreclosure of a security interest in a Unit,any unpaid assessments shall continue to exist and r¢n�ain as a personal obligation of the Unit Owner against whom the same was levied,and the Association shall use reasonable efforts to collect the same fi'om such Unit Owner. Section 5.6 Subordination of Assessment Liana. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed upon a Unit as a conanvction loan security interest or as a purvhase price security interest, and the Association will,upon demand,execute a written subordination document to confirm such priority.The sale or transfer o£any Unit or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein,and in the case of a transfer of a Unit for purposes of realizing a j security interest, liens shall arise against the Unit for any assessment payments coming due after the date of completion of foreclosure. ARTICLE 6.USE COVENANTS,CONDITIONS AND RESTRICTIONS Section 6.1 Authorized Uaea.Olympic Ridge shall be used solely for residenfial purposes and related facilities normally incidental Yo a residential community.After the Declarant Control Period no Unit shall be further subdivided, except as permitted in this Declaration without prior approval con£er-red by Association Action. Section 6.2 Leasing Restrictions.No residence on any Unit may be leased or rented by any party fur a period of£ewer than thirty (30) days, nor shall less than the whole of any Unit be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide Yhat it is subject in all respects to the provisions of the Governing Documents.Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the leas¢, whether or not it is so expressed therein. Other than the foregoing,there is no restriction on the right of any Unit Owner to lease his Unit or residence. Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in Olympic Ridge except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any cotnmercia] purposes,and all animals must be in compliance with applicable codes and regulations."Other conventional household pets"shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic £owl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles,potentially harmful insects, bees,large birds,wild animals, and animals not normally domesticated,all of which are strictly prohibited in Olympic Ridge.No domestic pet may be kept i£its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed,and inoculated from rim¢to time as required by law.When not confined to the Unit Owner's Unit, pets within Olympic Aidge shell be leashed and accompanied by a person who shall be responsible for cleaning up any animal waste. Section 6.4 Commercial Usea. No commercial enterprise, including itinerant vendors, shall be permitted on any Unit;provided,however,that the Association may,by adopting rtiles and regulations, permit specified borne occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Olympic Ridge community; and provided further that no signs or advertising devices of any character shall be permitted. - /5 - (0456GU56.00CX;G/ �x )U 16/z6 I I Section 6.5 Vehicle Storage.No storage of goods, vehicles,boats, trailers, trucks, campers, ' recreational vehicles or other equipment or device shall ba permitted in open view 8mn any Unit, except this shall not exclude temporary (less than foray-eight (48) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Units.Upon forty-eight(48)hours'notice to the Unit Owner of an improperly parked or stored vehicle, boat, or other equipmenq the Association has authority,but shall is parkedlonasny Un t street or within a Cotmnton Element£otmore t}ian forty a gh(4)hoarse street that Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to ba visible from adjoining Structures or streets or roadways.No Unitor any portion thereof shall be landscapinguwork o Coo stmction h Il not be dumped onto adjoining lotssoa streets overoadwayating from Section 6.7 Uttlitlea Uhdergroand. Except for hoses and tire-like which are reasonably necessary in connection with normal lawn maintenance,no water pipe,sewer pipe,gas pipe,drainage pipe, telephone,power,or television cable,or similar transmission line shall be installed or maintained above the surface of the ground. Sectton 6.8 Signs.Except fox entrance,street,directional,ha£flc control, and safety signs,no promotional aigna or advertising devices of any character shall be posted or displayed in Olympic Ridge; provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Unit or attached to any residence placed upon the market for sale or lease. Any such Temporary real estate sign shall be removed promptly following the sale or rental or such Unit or residence. In addition, nothing in this subsection shall be construed to prohibit the display of signs regarding candidates for public or Association office,or ballot issues,on or within a Unit, so long as such aigna are no larger than four(4)square£set and in plat¢no longer then sixty(60)days.Flags of the United States or the State of Washington are not considered aigna horaunder end era permitted,provided,however,that the Association may place reasonable restrictions on the time, place end manner of display as permitted by £ederal and state law. Sectton 6.9 No Obstruction of Easements.No ahvcture,planting, or other material shall be placed or permitted to remain upon the Roal Property which may damage or interfere with any easement or the installation or maintenance oY utilities,or which may unreasonably change,obstruct,or retard direction or flow of any drainage channels-No decorative planting,structure or fence may be maintained within an easement area. Section 6.10 Antennas and Clotheallnea. No extemal clotheslines shall be permitted in Olympic Ridge. Each Owner has aright to install en extemal antetma/satellite dish pursuant to 47 C.F.R. § 1.4000;provided,however,that no other antenna are allowed in the Plat Community and further provided that the Archi[ectural Control Committee approves the location of the allowed antenna- Sect/on 6.11 Unit Own¢ra' Maintenance Reaponaibilttiea. The maintenance, upkeep, and repair of individual Uni[s and hotnea shall be the sole r¢sponsibility of the individual Unit Owners thereof, and in no way shall it be the r¢sponsibility of the Association,its agents,officora or directors.Unit Owners shall maintain [hair Units and homes in good repair and in a clean, sightly, and sanitary condition at all � - tivnea.Without limitation as to the£oragoing,oath Unit Owner shall be obligated to keep his Unit and home it in a clean,sightly,and sanitary condition and maintain tho landscaping ov his Unit in a healthy and attractive state and in a tnantt¢r comparable to that on the other Uttita its Olympic Ridge.No storage of firewood shall - 16- t04586056.nOCX:6) be permitted in front yards. Attar thirty(30) days' written notice to a Unit Owner from the Association o£ such Unit Owner's failure fo so maintain his home or Uniq and after approval by atwo-thirds(2/3)majority vote by the Board,fire Association shall have the right,through its agents and etployees,to enter upon any Unit which has been found to violate the foregoing standards in order to restore the home or Unit to such standards. The cost o£such work shall be a special assessment on such Unit Owner and his Unit only. Section 6.12 Weapons. No firreanns of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapott, shall be used oa' discharged within Olympic Ridge except by authorized govemmental officials. Section 6.13 Nuisances Prohibited.No noxious or offensive activity shalt be conducted in any portion of Olympic Ridge, nor shall anything be done or maintained therein in derogation or violation o£ i the laws of the State of Washington or any other applicable governmental entity.Nothing shall be done or taintained on any portion o£Olympic Ridge which rosy be or become an annoyance or nuisance to the neighborhood or detract from the value of the Olympic Ridge community.The Association shall determine by Association Action whether any given use of a Unit unreasonably interferes with the rights of the other Unit Owners to th¢ use and enjoyment of their respective Units or of the Common Elements, and such determination shall b¢final end conclusive. Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration or hisAter/their agents, employees or guests shall destroy or otherwise materially adv¢rsely impact landscaping on Common Elements and/or dedicated Tracts, or as oTherwise governed by applicable laws, codes and regulations. Section 6.15 Temporary Structures.No Structure or improvement of a Yempoa-ary character, including without limitation a trailer,tent,shack,garage,barn,or other outbuilding shall be installed,placed or used on any Unit as a dwelling or residence,either temporarily or pcnnan¢ntly- Section 6.16 Window Coverings. Curtains, drapes,blinds or valances shall be installed on all windows within ninety(90)days of occupancy of a residence on a Unit.No newspapers,bed sheets or other makeahitt window coverings shall be visible from the exterior o£the residence. Section 6.17 Fences. The Association is responsible for maintaining and repairing the fences and gates along Tract F,as well as the f¢ncing along Tract G and the west side of Ridg¢top Boulevard.Unit Own¢rs are responsible£or maintaining and repairing fences on or along their respective Units. All fences not installed by Declarant shall conform to the fence detail attached as Exhibit B, as may b¢modified by �� the Architectural Control Committee from time to time, unless otherwise authorized by the Board. Any fences that are stained must be stained with Sherwin Williams Superdeck®Exterior Oil-Based Transparent I Cedar Tone Stain uNess otherwise approved by the Architectural Control Committee. Unless otherwise authorized by the Board, no fence, wall hedge or mass planting over three feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall. Section 6.18 Unit Size Restriction. No Unit or portion of a Unit in the community shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of Olympic Ridge shall be less than the area required for die use district in which located. _ 17 S¢M1586036.nOCX:6 j it �xlU i8'/Z6 �' Section 6.19 Vehicular Access Restr/ction. All Units shall have direct vehicular access to internal plat roads only. Section 6.20 Damage. Any damage to streets, Common Element improvements, entry structures, £antes, landscaping, mailboxes, lights and lighting standards by Unit Owners, their children, contractors, agents, visitors, Friends, relatives, or service personnel shall be repaired and restored to like I sew condition by such Unit Owner within twelve (12) days From the occurrence of such damage. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's £ailtsse to so repair, and after approval by atwo-thirds (2/3)majority vote by the Board,the Association shall have the right,tM-ough its agents and employees,make such repairs on behalf of such Unit Owner.Tha cost of such work shall be a special assessment on such Unit Owner and his Unit only. Section 6.21 Unsightly Conditions.No unsightly conditions shall be permitted to exist on any -Unit:Unsightly conditions shall include;withbut'liitiitstion; improperly tzfeintained lendscapiitg; p"vblicly visible storage of Firewood;publicly visible storage of boats,trailers or motor homes,manufactured homes, � recreational veMcles,or disabled vchicl¢s o£any kind whatsoever;laundry hanging or exposed in view for drying; litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non- decoratrva gear,equipment, cans,bottles,ladders,trash ban�els and other such items; and no awnings, air conditioning unite,heat pumps or other projections sha71 be placed on the exterior walls of any housing uaiY unless prior written approval shall have been obtained from the Architectural Control Committee. This Section 6.21 shall not apply to Units owned by Declarant during the Declarant Control Period. Section 6.22 Shared Driveways.Unless otherwise provided herein, all shared driveway areas shown on the Map,whether provided as easements or tracts,shall be used only£or pedestrian and vehicular ingress and egress. Unless otherwise agreed upon by all Unit Owners benefitting from or btnden¢d by the shared driveway area, parking the construction or maintenance of improvements, and the storage of personal pxoperty shall be prohibited in such shared driveway areas. ARTICLE 7.COMMON ELEMENTS Section 7.1 Title to Common Elements.All Common Elements were dedicated in accordance with the terms of the Mep upon recording o£the Map. Hvery Common Element shall be subheir heirs, easement o£common use and enjoyment in favor of the Association and¢very Unit Owner, successors, and assigns, in accordance with the terms and conditions of the Governing Documents and the Map. Section 7.2 Maintenance of Common Elements. The Association shall maintain, repair, replace,improve,and otherwise menage all of the Common Elem¢nta so as to keep them in good repair and I condition and shall conduct such additional maintenance, repair, replacement, conarivction, or � reconstruction as may b¢determined pursuant to Association Action.The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Elements and improvements thereon. i Section 7.3 Monument and Landscaping Maintenance and Easements. Tha Association �I shall be responsible £or maintaining any Olympic Ridge monument signage and shall be responsible for maintaining any landscaping in Common Elements in accordance with the terms of the Map and all applicable laws,codes and regulations. i - 18 - (045 8 605 6-DOCX;6) it �X lU 15/L6 ARTICLE 8.CERTAIN GRANTS,EASEMENTS,COVENANTS AND RESTRICTIONS Section S.l Tracts. (fl) p k T' t .Tracts C,D,and E are park tracts owned find to be maintained by the Association. Said Tracts are set aside for the active and passive recreational activities of the residents o£ Olympic Ridge.The Tracts are also open<o the public. (b) B tY' d O Cps i. Tract F is a creek buffeal open space, and starmwater detention tract owned and to be maintained by the Association. The Tract is set aside For the protection and preservation of creeks end natural areas and is fo be used in such a manner as to preserve its natural character and condition. (c) A I L d B ff d 0 C e Tract. Tract G is an arterial landscape and open spec¢tract owned and to be maintained by the Association. a nc Tract is set aside for landscaping I�� to screen between streets and Units and is to be used in such a manner as to preserve its natural character and condition. (d) C��CI P Tracts. Tracts A and B are steep slopes tracts owned and to be maintained by the Association. Said Tracts shall t-emain in a natural state. (¢) p� t n d. Tract H is a private road tract owned and to be maintained by the Association.The tract Wray conkain utilities owned and maintained by other parties. 1 Section 8.2 General Utility Esa¢ment.Upon recording of the Map,an easement was rase Ino for and conveyed to Mason County PUD,Puget Sound Energy, Inc., CenturyLink Communications, Comcesq Mason County, and any other public or private utility provider and their respective successoas 1 and assigns under end upon the exterior ten (10) feet of specific Units and Tracts (as renww oenlaec M�n� lying Parallel with and adjoining streets in which to construct,operate,maintain,repair, enlarge underground pipes, conduits, cables, and wires with all necessary or convenient underground or ground-mounted appurtenances thereto for th¢purpose of serving the Aeal Property and other property with electric,gas,telephone,sanitary sewer,water,and other utility service,together with the right to enter upon the streets, Units, Tracts, and spaces ai all times for the purposes stated herein.No lines or wires £or [he it transmission of electric cun'ent or for telephone use, cable television, fire or police signals, or for other purposes shall be placed upon any Unit unless the same shall be underground or in conduit attached to a building. I Section 8.3 Sanitary Sewer Easement.'The Units are served by Mason Covnty's pu tc sanitary sewer system.Upon recording of the Map, perpetual nonexclusive sewer easements were granted to the County over, under, through, and across the Real Property, as shown on the Map, for a right of immediate entry and continued 24-hou[a-a-day access for ae an recat ad of sanitary lsewer bmait�antd any to the construction, operation, improvement, maintenance, p _ appurtenance (including but not limited to manhole strucrures and privately o owedr Dort with n tl a sewer facilities)- No changes of grades, elevations, or contours shall be allowed on, easement areas without obtaining the prior written approval of the County. No stnicrures or obstnictions shall be placed within [he easement areas without permission from the County. No fences shall be constructed within or around the easement areas unless there era access gates for County maintenance workers/vehicles; County maintenanc¢ workers/vehicles shall have unrestricted 24-hours-a-day access. - 19- {043ft6036.00CX:6/ �X �O zc/zG I Upon the County's request,the property owner shall,at the owner's expense,remove anything(including plants)within the easement area that was placed or installed after the easement was granted. Section 8.4 Storm Drainage. The Association is responsible for maintaining utilities and drainage facilities per the covenant retarded under Mason County recording no. �181410. Section S.5 Private Street Maintenance and Snow Removsl.The Association is responsible £or maintaining,operating,and repairing any streets and streetlights owned by the Association.In addition, the Association is responsible for necessary deicing end snow removal on Ridgetop Boulevard south of Balfair Station.The Association may also cause deicing and snow removal on other private ah�eets within Olympic Ridge. ARTICLE 9.INSURANCE, CASUALTY LOSSES,CONDEMNATION Section 9.1 Insurance Coverage.Commenoing not later then the time of the First conveyance of a Unit to a person other than The Declarant,the Association moat maintain in its own name,to the extent reasonably available end subject to reasonable deductibles: � (a) Property insurance on the Common Elements and on property that must become Common Elements, insuring against risks o£direct physical loss commonly insured against, as near as practicable to the fbll insurable replacement value (without deduction for depreciation) of the Common Elements, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance,including medical payments insurance,in an amount not leas than Ona Million Dollars($1,000,000.00) covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use,ownership, or maintenance of the Common Elements and,in cooperatives,of all Units; (c) Fidelity insurance; and (d) Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein,the Association shall continuously maintain in effect casualty, flood, and liability insurance and a Fidelity bond meeting the insurance and Fidelity bond requirements£or similar projects established by Federal National Mortgage Association,Governmental National Mortgage Association, Federal Honte Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration,so long as any of them is a Mortgagee or Unit Owner, except to the extant such coverage is not available or has been waived iri writing by such agencies. Section 9.2 Casualty Losses.In the event of substantial damage to or destruction of any othee Common Elements, the Association shall give prompt written notice of such damage or deatrucflon to the Unit Owners and to the holders of all First Mortgages.Insurance proceeds for damage or destruction to any part of the Common H/emants shall be paid to the Association as a trustee £or the Unit Ovn�ers, or its authorized rapreaentativq including an insurance trustee,which shalt segregate such proceeds froth other funds o£the Association. Sectlon 9.3 Condemnation. if any part of the Common Elements is made the subject matter of airy condemnation or wninant domain proceeding, or is akharwise sought to be acquired by any -20- (04586056.DOCX:6) Ex �() ZI/ZEi condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Unit Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom,shall be payable to the Association. ARTICLE 10. ENFORCEMENT Secton 10.] Right to Enforce.The Association, Declarant, or any Unit Owner shall have the b an a ro tiara roceeding at law or in equity, all covenants, conditions,restrictions, right to enforce, y y PP P' P reservations.liens,and charges now or hereafter imposed by the provisions of this Declaration. Section 30.2 Remedies Cumulative.Remedies provided by this Declaration ere in addition to, cumulative with,and are not in lieu of,other remedies provided by law.There shall be,and there is hereby created, a conclusive presumption tlfat any breach ot-attempted breach of the covenants, conditions, and � restrictions hearoin cannot be adequately remedied by an action at law or exclusively by recovery of damages. Section 10.3 Covenants Running with the Land.The covenants,conditions,aestrictions,liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall mn with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion o£the Real Property, their heirs, executors, administrators, successors, grantees, and assigns. All I instruments granting or conveying any interost in any Unit shall be subject to this Declaration. Section 30.4 Right to Assess Penalty on Unit for Vfolationa of Declaration. The Board by simple majority vote shall detormine whether a Unit Owner has breached,or a Unit is in broach, of any of � the covenants, conditions, and restrictions provided herein. After thirty (30) days' writton notice to such � Unik Owner,the Unit Owner shall have an opportunity to be heard by the Board regarding the violation. After such hearing,the Association by atwo-thirds(2/3)majority vote of tho Board,is empowered to assess a penalty in accordance with an establishod schedule of fines adopted by the Board and furnished to the Unit Owners. Such penalty shall be a levied special assessment and constitute a lion against the Unit, �j enforceable as provided herein. ARTICLE 11.AMENDMENT �i 30 da s' advance notice Section 11.1 Amendment by Declarant or Association.Upon thirty( ) Y unilaterall to Unit owners,the Declarant may,without a vote of the Unit Owners or approval by the Boatel, Y I adopt,execute, and record a corrective amendment or supplement to the Govemiag Documents to correct a mathematical mistake, an inconsistency, or a scrivener s error, or clarify an ambiguity in the Governing I Documents with respect to an objectively verifiable £act including, without limitation, recalculating the liability £or Common Expenses, or the number of votes in the Association appertaining to a Unit, within flue (5) years attar tfie recordation or adoption of the Governin6 Document containing or creating the mistake,inconsistency error,or ambiguity.Any such amendment or supplement may not materially reduce what the obligations of the Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred.Upon thirty(30)days' advance notice to Unit Owners,[he Association may,upon a vote of two-ihirda (2/3) of the membeas of the Board,without a vote of the Unit Owners, adopt, execute, end record en amendment to the declaration for the following purposes: (a) to correct or supplement the Goventing Documents as provided above;or(b)to remove any language and otherwise amend as necessary _21 (04586056.DOCX:6 j �x �o z z/z-� I I to effect the removal of language in direct conflict with the Washington Uniform Common Interest Ownership ACT. Section 11.2 Amendments by Unit Owners. Except in cases of amendments that may be executed by the Declarant or the Association pursuant to Section 11.1 or as expressly permitted in accordance with the Washington Uniform Common Interest Ownership Act, this Declaration anay be amended only by vote or agreement of Unit Owners o£Units to which at least sixty-seven percent(67%) o£the votes in the Association are allocated; provided, however, that no such amendment shall ba valid during the Declarant Control Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of fifty-one percent <51%) of all Mortgagees who have requested from the Association notification of atnendtnenta shall be required£or any material atnendtnent to the Declaration or the Association's Bylaws of any of the following: voting rights; assessments, asaesstnent liens, and subordination o£such liens; reserves for maintenance, repair, and replacement o£ Cotntnon Elemeritsq insurance or£tdelity liotads;'responsibility for maintenance and repair;reallocation of interest in the Common Elements; leasing of Units other than as set forth herein; imposition o£ any reatrictiona on the right of a Unit Owner to sell or transfer his Unit;a decision by the Association to establish sal£-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial deatmction or condemnation occurs;or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages.Amendments by the Declarant or Association may change this Declaration in whole or in part and may adopt new covenants and reatrictiona unrelated to preexisting covenants or reatrictiona, provided that such amendments era reasonable and not inconsistent with the general plan o£ the � development. Section 11.3 Effective Date 8r Cross-References. Amendments shall take effect only upon recording in The official real property records of Mason County,Washington.All amendments must contain a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration. All amendments to the Declaration adding Units must contain across-reference by recording number to the � Map relating to the added Units and set forth all information required under 64.90.225(1) with respect to added Units. ARTICLE 12.GENERAL PROVISIONS Sectlon 12.Y Taxes.Each Unit Owner shall pay without abatement,deduction,or o£fseQ all real � and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Unit, or personal property located on or in the Unit. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes,assessments, and charges levied or assessed against the Common Elements. Section 12.2 Non-Waiver.No waiver o£any breach of this Declaration or failure to enforce any covenant o£this Declaration shall constitute a waiver of any other breach,whether of the same or any other covenant,condition,or restriction. Sectlon 12.3 Attorney Feea. 7n the event o£a suit or action To enforce any provision o£this Declaration or to collect any money due hereunder or to foreclose a lien,the unsuccessful party in each suit i or action shall pay To the prevailing party all costs and expenses, including title reports, and all attorney fees that the prevailing party has incurred in connection with the suit or action,in such amounts as the court -22- (04586056.nOCX;6) �x Ie z.3/z6 may deem to be reasonable therein, and also including all costs, expenses, and attorney Fees incurred in cotmection with any appeal from the decision o£a h�ial court or any intermediate appellate court. Section 12.4 No Abandonment of Obligation. No Unit Owner, through his non-use of any Common Element, or by abandonment o£his Unit, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of us¢and reference only and do not de£rne, limit, augment, or describe i the scope,content or intent of this Declaration or any parts of this Declaration. Section 12.6 Severability. Invalidation of any one o£these covenants, conditions,restrictions, ' easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.7 Notices.All notices,demands,or other communications ("Notices") permitted or it required to be given by this Declaration shall be in the Form of a record, in a Tangible medium, or in an electronic transmission in accordance with IZCW G4.90.515. If mailed, the Notice shall be by certified or- registered mail, return receipt requested, with postage prepaid and shall be deemed given tlu�ee days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices provided by electronic transmission shall be deemed effective according to the requirements of IiCW 64.90.515. All other Notices � shall be deemed given on the date of actual receipt Nofic¢in a tangible medium to a Unit Owner must be addressed to the Unit address unless the Unit Owner has requested,in a record delivered to the Association, that Notices be sent to an slkernate address or by other method allowed by this Declaration.I£there is more than one Unit Owner of a Unit, notice to any one such Unit Owner shall be sufficient. The address of Declarant and o£the Association shall b¢given to each Unit Owner at or before the time ha becomes a Unit Ownor. If the address of Declarant or the Association shall be changed,Notice shall be given to all Unit Owners. Section 12.8 IndemniRcation. The Association shall indemnify every officer and director authorized to act on behalf of the Association by the Board or by this Declaration against any and all expenses, including counsel Fees, reasonably incurred by, or imposed upon, any officer and director in connection with any action, suit or proceeding if approved by the Hten Board to which he or she may be a party by reason of being or having been an officer and director.The oF£�cers artd directors shall not be liable £or any mistakes of judgment,negligent or otherwise,except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The oF£cers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such of£cers and directors may also be members of the Association), and the Association shall indemnify and forever hold each officer and director fi'ee and harmless against any and al]liability to others on account of any such contract or commitment.The Association shall, es a Common Expense, maintain adequate general liability and ofRcers' and directors' liability insurance to fund this obligation. Section 12.9 Applicable Law.This Declaration shall be construed in all respects under the laws of the State of Wsahingtmt. [SIGNATURE ON NEXT PAGE] -23 - (0458G056.DOCX:G) �x I U z `t/Z 6 IN WITNESS WHEREOF, the uttdersigned Declarant has executed this Declaration the day and year first above written. Icr.LHB3 AIV LLC, ' a Delaware limited liability company By: Its: __ _ _ STATE OF WASHINGTON ) ss. COUNTY OF ) On this day'personally appeared before me to me known to bo the of Icr.LHB3 AN LLC,a Delaware limited liability company,the entity that executed tha within and foregoing instrument,and acknowledged the said instrument to be the fi�ee and voluntary act and deed o£said corporation, £or the uses and purposes therein mentioned, and on oath stated that said person is authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said corporation. GIVEN under my hand and official seal this_day of 20_ NOTARY PUBLIC in and For tha State of Washington,residing at My commission expires I -24 - (04586o56.00CX:6) �x ��, ZS izG Exhibit A Legal Description oY Real Property (1PN 1 i7R-24—DDOOD) THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, ' YARDSRAILROAORI HTR OFG WAYwEXCEPT iTHE FOLLOWING DESCR BHEO PARCELnOF AND LOCATED INE SAIDNAW SECTION 28: BEGINNING AT THE NORTHEAST CORNER OF BELFAIR STATION, AS SHOWN ON THE PLAT THEREOF, RECORDED UNDER AFN 622263 IN VOLUME 10 OF PLATS AT PAGES 143, RECORDS OF MASON COUNTY, WASHINGTON; THENCE SOUTH 69'07'01" EAST, ALONG THE PROLONGATION EASTERLY OF THE NORTH LINE OF SAID PLAT OF BELFAIR STATION, BEING ALSO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER II OF SECTION 28, A DISTANCE OF 367.32 FEET TO THE WESTERLY MARGIN OF A PRIVATE ROAD: THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING COURSES: SOUTH 19'00'30" WEST 483.10 FEET; SOUTH 703930" EAST, 25.00 FEET; SOUTH 19'00'30' WEST, 426.20 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHWESTERLY, CONTNUING ALONG SAID WESTERLY MARGIN, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 35'04'12" A DISTANCE OF 116.30 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN, SOU 7H 54'04'42�� WEST, 50.50 FEET i0 THE EA57 LINE OF AFORESAID PLAT OF BELFAIR STATION, BEING ALSO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTON 28: THENCE NORTH 00'49'26" EAST, ALONG SAID EASTERLY LINE. 995.23 FEET TO THE POINT OF BEGINNING. SAID LAND BEING ALSO KNOWN AND DESCRIBED AS THE RESULTING PARCEL / OF BOUNDARY LINE � ADJUSTMENT NO. 00-35, RECORDED JULY 17, 2000, AUDITOR'S flLE NO. 1714860. (TPN +9a2e-21—ODOOD] ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH. RANGE 1 WEST, W.M., MASON COUNTY, WASHINGTON, LYING WESTERLY OF THE US NAVY YARD RAILROAD RIGHT—OF—WAY ANO LYING EASTERLY OF STATE ROUTE 3. - 25 - �095P6O56.00CX;6) �x to z6 �z � � I I Exhibit B Fence Detail B._�.. MAX" ^XB" POST CAP - - y- �- -- ODTSIDE IN31DE a AI GRADE 1/a" MAX. SPACING t"XB' CEDAR BOPROS I M+� {�' Z I I BETA£EN BOARDS � I I P•T.4POSETDAR I I ltn�v� yyy." N I I I I r R�'�' I � u - 2"X4' CEDAR i BOARD. TOENAIL TO P"T" POST t"XB" CEDAR BOARDS DRMN GRAIN XB" POST CAP { ,__: 1 %B' CEDAR BOARDS � :�•�.� I':�-:.`" 2 %4" CEDAR i _ ":.I F:'•:..:.•.�: BOARD. TOENAL !`� I'a,.`.<<` TO P"T. POST [�'�.:�� DETAIL B % EgCH POST SHALL BE ' N P.Tp POST -�'�� Ia.}>�.. ON CASED W/ CONC. Y-3" WASHED ROCK BASE DETAIL A I STANDARD CEDAR FENCE— A NOT TO SCALE _Z6_ IiBasacoss.nocx;c) �x #� I l t � -7 � RE: Olympic Ridge Street Names Mariah Frazier Tue l'1/t/2022 9:04 AM To:Michael MacSems c Mms@masoncountywa.gov>; h1 2 attachments(1 MB) PRIVATE ROAD NOTIFICATIONS FOR OLYMPIC RIDGE PLATptlf;Olympic Ritlge Road Map.ptlf: Here is the documentation for the approved street names for Olympic Ridge. M cu�%ct.7'v�+'w�ies' Mason County Community Development Clerical/Adtlressing/Public Records (360j427-9670 x366 From: MlcFtael Macsems<Mms@masoncou ntywa.goV> Sent: Monday,October 31, 2022 4:64 PM To: Mariah Frazier<M Frazier@masoncou ntywa.gov> Subject:Olympic Ridge Street Names Mariah, need an a-mail from you conforming That the street names for Olympic Ridge are approved by the County. Let me know if you have any questions. Thanks. Michael MacSems I Subdivisions, Class IV G Forest Practices, and Historic Preservation I �•x Il Z/`I MASON COUNTY COMMUNITY SERVICES Bulltling,Planting,Envlronmmtal Haelth,Cornmuniry Hea1M Private Road Notification � 615 W Alder St,Shelton WA 98584(360)427-9670 x 365 Private Road Name: RIDGE POINT BLVD Range: 1 Township: 23 Section: 28 �� Area of the County: NE BELFAIR Nearest Existing Road: STATE ROUTE 3 ' Addressing Range: 10-600 Directions to Road: FROM SHELTON,TAKE STATE ROUTE 3 N TO BELFAIR,IN BELFAIR,TURN RIGHT AT MCDONALDS WHICH IS NE RIDGE POINT'BLVD. THIS ROAD IS EXPANDED FROM HIGH 200 TO 600. PRIVATE � NEW � REVISED ROAD: ROAD: PRIVATE ROAD: Agencies Notified: Assessors Post ofFice • Enhanced 911 • Seattle A.I.S. Unit it • Fire District NMRFA Comments: PRNATE ROAD TITLE 34.28 OF MASON COUNTY CODE REQUIRES POSTING OF ADDRESSES AS DESCRIBED WITHIN 30 DAYS OF ASSIGNMENT.SIGNING OF PRIVATE ROADWAYS I3 THE RESPONSIBILITY OF HOMEOWNERS AND SHALL BE DONE ACCORDING TO THE REQUIREMENTS STATED IN TITLE 14.28 OF THE MASON COUNTY CODE. y 7/2G/22 �x 11 3/� MASON COUNTY COMMUNITY SERVICES Balltling,Planning.Envlronmcntal Health CommuNty HmIM Private Road Notification 615 W Alder St,Shelton WA 98684(360)427-9670 x 365 III Private Road Name: OLYMPIC RIDGE i Range: 1 Township: 23 Section: 28 Area of the County: NE BELFAIR Nearest Existing Road: NE RIDGE POINT BLVD Addressing Range: 10-400 Dir¢ctions to Road: F12POO�H B D AND FOL LOW TO ECONDRR GHT WHR CDH 5 NEW PRIVATE RD NE OLYMPIC RIDGE Agencies Notiried: PRIVATE ® NEW � REVISED ROAD: ROAD: PRIVATE ROAD: • Assessors • Post ofFice • Enhanced 911 • Seattle A.I.S.Unit • Fire District NMRF'A Comments:PRIVATE ROAD TITLE 14.28 OF MASON COUNTY CODE REQUIRES POSTING OF ADDRESSES AS DESCRIBED WITEIIIV 30 DAYS OF ASSIGNMENT_SIGNING OF PRIVATE ACCORDING TO THE REQ ISREMENT STATED N TITLE 14.8 OF TIIE MASON COUNTY CODE. 7/2G/22 �X 11 4/ 7 MASON COUNTY COMMUNITY SERVICES Bulltlln9•y V^^i^g�Emlronmental Haalth Community HcaIM Private Road Notification � 615 W Alder St,Shelton WA 98584(360)427-9670 x 365 Private Road Name: BELFAIR STATION Range: 1 Township: 23 Section: 28 Area of the County: NE BELFAIR Nearest Existing Road: NE RIDGE POINT BLVD Addressing Range: 10-400 Directions to Road: FROM HWY 3 NORTH IN BELFAIR,TURN RIGHT ON RIDGE POINT BLVD AND FOLLOW TO FIRST RIGHT WHICH I5 NEW PRIVATE RD NE BELFAIR STATION Agencies NotiRed: PRIVATE ® NEW � REVISED ROAD: ROAD: PRIVATE ROAD: • Assessors • Post office �� Enhanced 911 • SeatUe A.I.S.Unit � . Fire District NMRFA Comments: PRNATE ROAD TITLE 14.28 OF MASON COUNTY CODE REQUIRES POSTING OF ADDRESSES AS DESCRIBED WITFIIIV 30 DAYS OF ASSIGNMENT.SIGNING OF PRIVATE ACCORDING TO TIIL+ REQUISREMENTS STATED N TITLE 14.8 OF THE MASONE COUNTY CODE. 7/2G/22 �,� rl si7 MASON COUNTY - COMMUNITY SERVICES Bulldln9•Plennln9•EmlronmaMal H¢a1tb.Community HealM Private Road Notification 615 W Alder St,Shelton WA 98584(360)427-9670 x 365 Private Road Name: OLYMPIC RIDGE LN Range: 1 Township: 23 Section: 28 Area of the County: NE BELFAIR Nearest Existing Road: NE BELFAIR STATION Addressing Range: 10-80 Directions to Road: FROM HWY 3 NORTH IN BELFAIR,TURN RIGHT ON RIDGE POINT BLVD AND FOLLOW TO SECOND RIGHT WHICH IS NEW PRNATE RD NE OLYMPIC RIDGE, THEN TAI{E.FIRST RIGHT TO NEW PRIVATE ROAD,NE OLYMPIC RIDGE LN. PRIVATE ® NEW � REVISED ROAD: ROAD: PRIVATE ROAD: Agencies Notified: Assessors • Post office • Enhanced 911 • Seattic A.I.S.Unit • Fire District NMRFA Comments: PRIVATE ROAD TITLE 14.28 OF MASON COUNTY CODE REQUIRES POSTING OF ADDRESSES AS DESCRIBED WITHIN 30 DAYS OF ASSIGNMENT. SIGNING OF PRIVATE ROADWAYS IS THE RESPONSIBILITY OF HOMEOWNERS AND SHALL BE DONE ACCORDING TO THE REQUIREMENTS STATED IN TITLE 14.28 OF THE MASON COUNTY CODE. 7/2G/22 � X 11 6/ 7 MASON COUNTY COMMUNITY SERVICES Bulltling,Plennin9.Emrlronmcntel Hcal[ly CommunitY Health Private Road Notification 615 W Alder St,Shelton WA 98584(360)42']-9670 x 365 Private Road Name: RIDGE TOP CROSSING Range: 1 Township: 23 Section: 28 Area of the County: NE BELFAIR Nearest Existing Road: NE BELFAIR STATION Addressing Range: 10-180 Directions to Road: FROM HWY 3 NORTH BV BELFAIR,T"[JRN RIGHT ON RIDGE POINT BLVD AND FOLLOW TO SECOND RIGHT WHICH IS NEW PRIVATE RD NE OLYMPIC RIDGE,THEN TAILS SECOND RIGHT TO NEW PRNATE ROAD,NE RIDGETOP CROSSING. PRIVATE ® NEW � REVISED 0 ROAD: ROAD: PRIVATE ROAD: Agencies Notiti¢d: = Assessors Post office Enhanced 911 Seattle A.I.S. Unit • Fire District NMRFA Comments: PRIVATE ROAD TITLE 14.28 OF MASON COUNTY CODE REQUIRE6 POSTING OF ADDRESSES AS DESCRIBED WITHIN 30 DAYS OF ASSIGNMENT. 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THOMA51.FARMER yf LINDA R.GOTT Q BRUCE E.IORGENSON � rC PUBLIC UTILITY DISTRICT MANAGER ANNETTE CREEKPAUM November 3,2022 Mason County Department of Community Development ATTN:Michael MacSems RE: Olympic Ridge Plat(Overton Associates Preliminary Plat)—Mason PUD 3 conflrmatfon regarding conditions of preliminary plat approval(condition numbers SL and 21) Michael MacSems: On Dec¢m bar 1,2020,the Mason County Hearing Examiner issued preliminary plat approval for the above- referenced matter;wixh associated conditions pf approval Including condition numbers 5(L)and 21. At the time of the decision In December 2020,due to uncertainties regarding adequate electrical capacity, the decision incorporated a conditions of approval requiring all electricity transmission Infrastructure to be Installed and approvetl by Mason Public Utility District 3("PUD 3")prior to final plat approval. PUD 3 hereby confirms that decision Condition Number 5(L)and decision Condition Number 21 are in process of being satisfied,with respect to those utilities provided by PUD 3(electric/telecommunications): AN a/ectr/c and to/ecommun/cot/ons u[!!/ties owned by,or subject to,Mason Public Ut///ty DlstNct 3(PUD 3J Jur/sdicrion w//!be lnstg/led underground/n compliance with opp!/cable speclf/cot/ons.A!I electrlctty [ransm/ss/on and telecommunlcat/ons infrastructure ar¢In the process of Instal/otton and have been approved by Mason Public Ut/tlty O/str/ct 3 at this time. The customer has pofd al/ossoc/ated line extension costs and has/nstol/ed the power andf/ber conduit and vaults,subject to Inspect/on by PUO 3 qua!/fled Hne workers. /nsta!/atlon of the cable and associated equ/pment/s on-going gs the project continues deve/opmen[. Although the a/ec[r/c/ty transm/ssfon Infrastructure is not complet¢/y/nsta!/ed, to dote,PUU 3 and the deve/oper have been work/ng together fn good faith on this project. Sincerely, � �. � �, Annette Creekpaum Manager Mason PUD 3 Reference Work Orders:408579,409959,406256 P.O.Box 2148�Shelton,WA 98584�(Bus)360-426-8255�(Fax)36D-426-8547 www.pud3.org ==x ( z z/-z � Olympic Ridge Housing Plat - PUD 3 Infrastructure � I Justin Holzg rove <justinh@masonpud3.org> Tue l l/15/2022 10:20 AM I To:Michael MacSems cMms@masoncountywa.gov>; ccTom Johnson<tomjohnson@masonputl3.org>; 0 2 attachments(326 KB) Mason PUD 3-conditions of approval-Overton Associates Preliminary Plat-Olympic Ridge-DRAPitlocx;Olympic Ridge Plai-Hearing Examiner's Decision.pdf; Caution:External Email Wamingl This email has originated from Dvtside of the Mason County Network.Do not click links or open attachments unless you recognize the sender,are expecting the email,and know the content is safe.If a Ilnk sends you to a webslte where you are asked to validate using your Account antl Passwortl, DO NOT DO SOI Insteatl,report the incitlent. Good morning, Michael. It appears as if we are playing phone tag,so I will try email per your recommendation. Kim Savage of Apex Engineering requested PUD 3 provide a letter to you stating that the Hearing Examiner's Decision from 12/Ol/20 is satisfied In regards to the electric Infrastructure for the Olympic Ridge Housing Plat in Belfair. She provided the Decision(attached). The attached DRAFT letter was created in response to this request and to(hopefully)satisfy the Hearing Examiner's Decision as it relates to the PVD 3 infrastructure on this project.While we have made significant progress and no longer have concerns for adequate capacity to serve the project as designed and applied for with PVD 3.However,the electricity transmission infrastructure has not been completely Installed and approved, per Section 6(L)on page 12, Line�. It will still be several months until That is fully completed. Wiil your office accept the letter as written to satisfy the electricity requirements,or do we need to wait until the full scope of the Infrastructure is Installed? Please advise and I will return a clean,signed letter if approved. If you would Ilke to discuss this matter, please call me on my direct line: 360-432-5323. Thank you. Justin Holzgrove Director Of Engineering St Utility Services Mason PUD 3 zszi r/on�i vialrie aa_ PO 6ax 2198 _SM1¢I[_o_n._W__M__9_8_5_8_4_ PilOn¢:(360)926-6255 Dlr¢ct:(36D)432-5323 8e8ulaf Ofrlc!Hours: �x � f3 1 is MASON COUNTY DEPARTMENT of PUBLIC WORKS/UTILITIES 7 WASTE MANAGEMENT 100 W PUBLIC WORKS DRIVE i SH ELTON, WASHINGTON 98584 MEMORANDUM DATE: January 4, 2023 TO: Michael MacSems, Senior Planner FROM: Richard Dickinson, Deputy Director Justin Phelps,Water and Waste Manager SUBJECT: Olympic Ridge—Final Plat Approval Sewer Requirements Mason County Public Works has received plans, record drawings, inspected and received a maintenance bond in the amount of$79,200 guaranteeing correct performan c¢ of the sewer system fora period of 24 months. The plat dedications include the required easement dedications/conveyance and restrictions. As noted on the face of the plat, issuance of building permits requires a sewer connection permit and payment of fees to connect. The sewer has been completely installed per plans, and condition 8. pertaining to sewer and condition 20. have been met. Public Works recommends final plat approval subject to recording conveyance of sewer infrastructure ownership to Mason County. Thank you far the opportunity to review and comment. Please do not hesitate to call (360)427-9670 Ext. 652 or email if there are any questions or clarification required. Page t of'1 �X # 13 Z/S � I I BOND TOIMPROV)CMCNTS(A K A.,MAINT1rNANC1;BOND)Y SItWIIA ' BOND NO. 024264eta �I KNOW ALL MEN 6Y THBSB 1'I2HSBNTS: THAT,we Lennar Nodbweet.LLC ,as Prncipal,ami as Surety, a surety company incorporated candor the I laws of the State of M wta and authorized to conduct a surety business in the State of Wnshington,are indebted to Mason County,a political subdivision of the Stttie of Washington,as Obligee, in Che sum of $ 79 20D 00 For the payment of which wa firmly bind ourselves, our heirs, executors, administrators,legal representatives and successors and assignees,jointly and sevaralLy. WHHRHAS, the Ob/Igee has approved construction pleats For the construction of certain sanitary sewer improvements for the development known as which ern,or will bo,dedicated to Mason County; n WHHREAS,Mason County requires chat the Prinetya!£vmixh a bond conditioned to guarantee that the Principul will correct any defect in the dedicated improvements caused by faulty design, construction, or other tcaxon as determined by The Deputy Director of Utilities and W Hate tat en amount determined by the Deputy Diacc[or of Utilities end Waste to insure that said improvements will function coxreotly fro'a period II of��montha aftor Final acceptauco by Mason Cwmry. NOW THHIdEFOL2H Tha conditio¢of this obligation is such that if ao repairs, conroctive actiwt or �I msaintanance of any nawre whatsoever of any portion of said improvements are¢ecessary within �.4 _months from date of acceptance by Maso++ Co+n+fy,and the Principal and Surety are released from said obligation, in writing, by the Mason County Deputy Dh'ector of UtilLties and Waste, then this obligation shall be null and void;otherwise it shall remain in full foreo and effects. ' the arties � iIQ THE EVENT that any actions or proceedings aro initialed with respect to this bond, p agree that the vnnuo thereof shall be Mason County, Stato of Weahiatgtov. Should any proceedings ba necessary to enforoe this bond, such arena as the Count may determine to be roasonablc shall be awarded ro it Obllgae as attomey's£eca,intetnat at the rate of Twelve(12YO)percont per ammm£rom ihn expiration of said �,months,and other soma found duo. SEALBD with our seals and dated the mk day of -20 22 PESNCIPAL SURETY Lanner ddodbweal,LLC,a Galeware dlmlletl Ilabllity company LibemPf�Mut el dnaurar a Comps y P,nmlpnt a+wve (Y+Mrarbpe ww•1 �// •�.A• avJv i n N ��T � /lcs sG .i -i � ate. Pond / ar-i ex.+mmxn„n Dr.. ^ nm Mery Ann Gaml ,Attorney m r 39465 Bat Ava 8.Unll t-B 176 Berkeley Slrea Add„a+efPOneiyn/ AAAru+ll.aenl b+nfn8•reset Beslon six e21ta Fetlered Wey WA 86003 n m vq, p� �t�r"l+ � (6191957-9800 x4N7r nNaydrvne Nnmlrvv rkJryMwm Nnm • ' All correspondence regarding this broad should be sent to: Mason County Pub1{c Works Attach Power of Attorney Form do 1Bond if Required I 100 W.Rabllc Works Ur. Sheldon,WA 98584 Yagu 1 af2 �'x 13 3 /5 I I BOND MPROVL'RMLNT SR(A.K. A MAINTL+NANC�IIOND)(ont d) WBI2 � �"��� �^ BOND NO. ortzaeste STATE OF 4il.OL�h{Y70r177 ' )ss. County of �`�nQ ) �� 1, the undersigned, a Notary Public in en or the State gf ��A 2Odu��o,nPo sonally and sworn, �10 6eroby�ger�tirfy,�fatxon�thla to me lumwn to lb]e7the i�dtvidnal deacribed�ln+and who appeared't1Lt_Sbfl-"<"Y�- ezacuted ffie within inen'umant and acknowledged that(he/she/they)signed the snore as(his/her/their) free and voluntary act and deed,for the uses and pttrpoaes therein mentioned. f-�� ��— x�,t�.r�IR?�lP OFFICIAI.3HAL THIS 1� day f I �G orvHN uNDHR MM` �,):v�q � y.. ` 0���•�•'Oy ' ` I _ � (yA §w ��L^ �_ SSot yFu cinand for the Ste y PtlByp � _� res in MQ��f�Q. —Gli/ o,= -,-a-r-�3 �`,��,d�^� ,` My commission expires on O r��OF WA`T"_�?qq6� "SEE ATTACHED SEPARATE 8lIRES�i/NpNRMrCCKNOWLEOGMENT STATE OF )as. County of ) I, the undersigned, a Notary Public in and For the State of duly commissioned da of 20 porsonally and sworn, do henahy cortify that on this Y appeared ,to me known to be the Off f th S� t described in and om.=. who executed the within instrument and acknowledged that(he/she they)signed the same as(his/her/their) free and volunte y act and deed,for the uses and pnrpoaea therein mentioned. �� ONEN UNDER MY HAND AND OFFICIAL SHAL THIS daY of I Notary Public in and fw the Staloof � II residing in MY commission cxpftcs on Page 2 of 2 �,y u 13 `! i s State of Texas - Cou^n�ty�of Harris On l�prr-.srf�Fn 4��.a before ma, Marto Arzamendl.Notary Publb pq NAME.TITLE OF OFFICER-a.G-.'JNNE OO E.NOTARY PVBl10' peraonaliy appeared Mery Ann GerGa NAME(a)OF SIONE0.(S) 0 personally known to ma-OR- � proved to me on the basis of saliafactory evidence to ba Iha paraon(s) whose names) is/ere subscribed to the within instrument end acknowledged to ma Ihel ha/sha/Ihey execulatl fhe same In hls/her/their authorized capacity(iaa), end that by his/herghair - signatura(s)on the Instrument Iha paraon(s),or the entity upon behalf of which the paraon(s) acted, executed the Instrument. `��.tip«._a . MARIO ARZAMENDI $ ,��Notary Publla,State of Texas WITNESS my han>�Ic�� T;,`�t.�.�g Comm.Explroa OS-24-2023 %:.�'r�„"� Notxty ID 130343360 SIGNAT VRE OF NOTARY OPTIONAL Though lha date below la not required by law, it may prove valuable f0 persona relying on the document and 'I could prevent frauduteni reattachment of This form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCVMENT TrtrE<s) PARTNERS) B LIMITED GENERAL ATTORNEY-IN-FACT ® TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OP PERSON(B)OR ENTITY(IEa) SIGNERS)OTHER THAN NAMED AEOVE �x .t! ) 3 S/S � TM1Is Power OI Allmnay Ilmtla the acts Of Ihoco names her=In,antl Uley have no aullmrlty to _ Libert—yl mna me camps^r ax=apt W mp m.aaer ana m alB oxam ee.dn stelae. Muttxale Liberty Mutual Insurence Company I SURETY TNa OM1lO Casually Insurance Company cednrale No:BIVS�B i West American Insuance Campeny POWER OF ATTORNEY �, KNOWN ALL PER80N8 BY THESE PRE8ENT8:TM1a1 The Olao Casually Insurance Company la a corpomll=n ady orgenlxea uneer the Iswa of U.a Slnle o(New Hampd�ire,IM1aI Liberb Mulusl Ineumnca Company Is a wrpore8on day orpanlzea untlez IM1e laws of lee Stale of Measa=M1uaells,end Weal AmerMan Inamance Company is a wrt.are0on tluly arBenlxetl uneer IRe bwe o11M1e Slala HI lntllana(M1areln cdledNoy caYetl tM'Co apenlN n,punuanl to one by evU.oRly herein e=I IoM,tloaa Ramby name,wnallldo ana eppclnL Mo aAn Garcle ell d IM dly of aide of xa n InalvlUually II there be mole)Ran one mmed,ile Imo ana lawful alwmay-in.racl to make,ezewle,veal,a hnowlea8e ana aeliver,for antl On Ile banal)ea Burery antl as Ile eUantl deetl,any enJ ell unaaaakl�.gs,DaMa,recopnizencea ana other aurey obllpeYona.In pmavance of Nees preaenb antl shell be ae Dlndllp upon the Companlev N Il they M1ave Deep Udy elgn=tl by the preGaent ana allealdl by IM1e eecrdery of IRe COmpanlas In PeU Ow^pmPer parsons. IN WIiNE36 W HEREOF,IM1Ia Power of Allamey M1es been subccrlbetl by en auNoexetl omceror omGel o11ne Compenlea antl IM1e corporals seals et Ne Campenlas M1ave Dean a116ed IM1erelo lMa lblh day of Febmery.2021. LIbeM Mvluel lnsunnw Company The OM1b Casually Immenca COmpeny Na VR yy1 NHV pN Vq W yl A/m/nrtcan Inaareece C=mpany �aa..a,,.,.�fi �o tp'°aa, a ay'�.a.��D� 1' �� 19a2� g �1819 � t991 By_ `y��' q,ID Ra° �r b..+ ""'oy"^'w.a$' Davm M.cerey.AsaNI nl seuelery �� '^r= STATE OF PENN3YLVANIA ea '� {a COUNTY OF MONTOOMERV �3 � � On IhIa 151M1 Ony of Febnzary.2Ml.before mepenonaly appeared DaNO M.Garay,wM1oecknovAeOBad Rlmaell to be WeAaelslenl Sauelary of Hbeny MUWel lneumnce Company. TM1e OM1b cacuely Cempa�ly.aM Wesl American Insumnce Company.and tbel ne,es such beln9 euUmrtzea ao to Uo,execute Ina ro�eBoing Inalmmenl far Use purp=ses InaraN $,�+ $� eonlelnea Dy a18^Ing on benell or IRe eorpoeellOna by M1lmael!ea a Duly>uNaKeO olOwr. y^�'� IN WITNE88 WHEREOF,IM1aveh 1 bsctlba y vane elBxetl my noUUal aed el KlnBol Prusela.Pennsylvanlo.on lee tleyana yearOnl above wMlan. .� nna�emn mi � � �� Q LiePoeomery co �����) )2biG-!(fry �� P1 � (\/\ .... c�,"r unm wn n.mIDiw:i�erwsa�el BY /— o� \�����.v v-r� nbmar.vannayu..xafwex.umane�enee TBmsa Peelelle,Hotery PUNIc $E� TNS Power of Allarnay la meOeeM exewleU Durauenl to ana by auUwr{ty of IM1e fallowlnB By-Iewe and AVlM1aarellona of The OM1lo Casually Insumnce Company,Lbeay Mutual ¢ `d z�� InaYlanG COmpeny,ana WsBI PmBR=Bn lneurenw COmpeny wnlcnfNduUOnB am nOw In full fOma antl dlaG reeding ee bllowe: .� ARTICLE IV—OFFICER8:8NIIan l2 Power of Allomay. �� � Any omwr or o1M1ar omdel al the Corporellon auWoazaU far Hal purpose In wdUng by lee Chalm�en or IRe Prealaenh antl subject ID nucM1 IMllellon ec Ina CM1elrmen ar lee FO{ Precltlanl may prescrtba,aMR appoint sate ellomaysin-lad.es may ba necessary to ed In beM1all of Ne Corporellon to make,execuW,teal.ecknowleage ana tleliver ez¢only �u eM antl sll untleneklnBc,bonds,reeogdzancea end dher wrely obllBellore.SucM1 ellomayein-fed,aunfed 1a IM1e Ilmllelbna eel larin In IM1OIr reepaGlve powers of adomey, a_ �. shall haverull powezbbind ll.e COrpwagon by lhelralB^¢lure end exewllon of any each lnabumanla antl 10 a11acR 11mrefa l0a sealoNM1a CorponUcn.Wnen eo execuletl,cucM1 �� Inalnmenla shell De ea binalnB as Belgnea Dy IM1e Prealeanl antl ellealed to Dy IM1e 3eGalery.Arty power oradRarllygrenlea fo any represenlellve ar elWmay/n-fact u�ltlar IM1e �+ � proWelona oltMe eWde may Da revoketl al any Ume by IM1e Soerd lha CRdemnO,the PreaWenl or by IM1e omeeror dgwn8nndnB eueR powarwaulM1or{y. � ZARTICLB XIII-Exasullon or Conlrade:Sedlon 5.3vlsly UOMs antl UntlBrlBkingB. Arry omwrdlha company aambtl:ea mrinel parDNemwdlr�g by me cnalmran or me preamanl,one aabbGl=:ud,nmllauem ea ma=nalm.en«Ina praslaed may prNUWe, $ a'h nab appoint audf ellameye-In-led,ea may ba noceseary M eG In behalf a1IRe Canpany to make,execuls,sash acknowteage antl aelNer as aurey any arW all mderleNings. `0 6 bontls,wcognlzencec ana o1M1ar aurey oGiBa Wna.3ucR attorneys-In-IacL auDjnd W IM1e limllallons sal lodM1 In Ihelr reepadWe powers of ellomey,anal)M1ave full power Io bind — Ne Compem/by IM1elr slgnelure ana exawtlon d any aucR Inalmmonls end la a11aG.IhereW IDe seal pl lRa Company.WM1an eo exacubtl each Inalmmenb aneN ba as bintling ec 11 s18^atl by IM1e presltlanl ana n11N1eU Dy Uie secretary. CarllRcefe o1 Ooalpnnllan—TM1e Predtlenl0l Na Company,acting pvnuenllolM1a Bybws o(IM1a Company,eulnotlzes OOWtl M.Carey.A+slalenl Seaeleryto apyolnl aucM1 allomaya- Inlecl sa may be necessary to act on Denali of IRe Company to make,exawle,seal,aGanowleage ana Deliver ea surely any and all uMeaeNings,bonds,recopnizencea en0 o1M1ar urely eenaanom. i me ceanlneny,wnerev...ppaarir's upunl.aaemne�ocr oi.r�yl�war�iineney l:e�ee Minalcomoany Im�^^ecgon wmlea.ery�oonec:neii ee voile ana omm�s uoanln a company wltn Ina same torte env e1reG ee IDouaR manually ellh[ea. 1.Renee C.Llewellyq Ina untlarelgnoU.Asddenl9ecralary,of LWerry Mutual lreurenw Company.The OFIo Casuallyvincwenrs Company,aml Wwl Ameacen Imurence Compalry tlo nezeby ceNly)net lM1la power of ellamoy mawlee by snia Compenlea is in Wll forrs aml elfed enahea not been oketl. IN TESTIMONY WNEREOF,IM1evo M1ereudo eel my nand anU elfixetl lee senlsINwlU Compenlea lM1ls 91n Uay of Oecamber 2022 , " NHV IDy Vaf(p� � Vqy� y e.y� 9�p w4cpa� �3`p b� tl9t2 J 1919 198t ay; �"�'� �s�*..e-„.a=`�3 0�„„�a� aeon Renee c.uewenrn.aselamnl seuelay �?C #i 1 �►- /� � /Z ...w,.,,x „>,,, i it Belfair Water District #I Mason County Washington �� lESOLUTION NO. 2 112 2-11 1 p RESOLUTION OF THE BOARD OF COMMISSIONERS OF BELFAIR WATER DISTRICT #1, MASON COUNTY, WASHINGTON APPROVING AND ADOPTING AN AGREEMENT FOR CONSTRUCTING EXTENSIONS TO THE DISTRICT'S WATER SYSTEM. WHEREAS. Chapter 57.22 RCW authorizes the District to enter into contracts wtt r � owners ofreal property located within the District's boundaries seeking to construct extensions to [he District's water and sewer systems at such owners sole cost where sucfi extensions are required as a prerequisite to further property development; and WHEREAS, such developer extension agreement may contain such conditions as the District may require pursuant to the District's policies and standards asset Forth in Chapter 57.22 RCW; and WHEREAS,the District Board of Commissioners previously approved and adopted an agreement for constructing extensions to the District`s water and sewer systems and District staff, the District's consulting engineer and the Disurict's general counsel having updated and revised such agreement for constructing extensions to the District's water and sewer systems in the form attached hereto as Exhibit A and incorporated herein by [his reference ("Developer Extension Agreement);and BE IT RESOLVED by the Board or'Commissioners of the BelFair Water District#1 of Mason County, Washington as follows: ]. The Developer Extension Agreement in the form attached hereto as Exhibit A is hereby approved and adopted and the project is assumed into the District effective the date set forth below. June 2021 —December 27th, 2022 Olympic Ridge Single Family Home Development Lennar Northwest LLC—Developer, Harbor Homes Contractor, Apex Engineering— I Project Engineer 9]8939.110330551002? -I �x t=k 1 tt r� 2/Z 2. The project is completed to the satisfaction of the District and a two year III maintenance bond is in place starting on this date. 3. All District resolutions,policies and procedures are hereby superseded, ' rescinded and modified to be in accordance with the Developer Extension Agreement. ADOPTED by the Board of Commissioners of the Belfair Waier District#1 of Maon County.Washington at the regular open public meeting held DeconGer 27,2022. BOARD Of COMMISSIONERS BELFAIR WATER DISTRICT#1 BY: ' Commi ones Grog Bom,Chair jam/ f� /���/ C/ommiasion/e�r Mika Pope,Secretary ' nmisaioner Jill -Loudin,Treasurer �X# ��-I /3 1 / L-/- 2 I ���gwATEI� DISTRIcr .�� ESTABLISHED 1966 '�`„r �� ��. �. AGREEMENT FOR CONSTRUCTING EXTENSIONS TO THE WATER SYSTEMS EXTENSION: Olympic Ridge Plai THE DEVELOPER: DATE• FROM TO aW0-1 � x # 1�? �� `Z /42- BELFAIR WATER DISTRICT NO.1 22461 SR 3 P.O.Sox 563 Belfai r,Washington 98528 Telephone: 360-2']5-3008 Fax No.: 360-296-641 O MM[SSIONERS Mike Popa Greg Bom Jill 8attan-Loudin MANAGEMENT Dale Webb,Genera3 Manager dwebb.bwdQbcc.net Sherri Lahaie,Oftice Manager stohale.bwclQh<c.»el James Freeman,Opc tions/Inspections jJreeman.bwdQa hcc ncl ENGINEERS 8tarrtec l l l30 NE 33n°Place,Suite 200 Bellevue,W A 98004 Telephone: 425-869-9448/206-682-9426 Fax No.: 425-869-1190 ATTORNEY3 Snure Law OtTce,PSC 612 3.22T"ST Des Moines,WA 98198 Telephone: 206-824-3630 Pax No.: 206-824-9096 B W D-2 �x l�-113 3/4-Z � TAHLE OF CONTENTS Page GENERAL.PROVISIONS.WATER..............................................................................................BWD-1 WATER EXTENSIONS Developer Extension Cltecklist..............................................................................................B W D-1 Application end Agreentettt...................................................................................................B WD-5 Developer's Signature Pagc.................................................................................................BWD-12 Commissioners Signature Page............................................................................................BW0.13 Certificate of lnsutsnce .......................................................................................................B WD-15 PerformanceBond ..............................................................................................................BWD-19 Cash Maintenance and Pledge o£Monies Agrceme�t[ ........................................................B W D-21 BiII of Sale—W eter Extension I mprovements.......................................................................B W D-25 EasementFor Water Lines...................................................................................................BWD-2'] Technical Specifications—Watar........................................................................................BWD-28 OenerelNotes......................................................................................................................B WD-30 APPENDIX Application for Reimbursement—Water Latecomers_...............................................................A-i Reimbursement Agreement CLacecotner).....................................................................................A-3 Oversizing Reimbursement Agreement CPer District Engineer)..................................................A-9 BwD-3 � x I �} �3 4 /42 GENERAL PROVISIONS WATER BWD-1 DEFINITIONS a. "District"moans Bdfeir Water District No. 1,its Board of Commissioners and au(horized representatives,and the District Engineer. b. "District Engineer'•means the engineering Firm,and that firm's representatives,agents and employees which may ba retained and assigned by the District Board of Commissioners to ac<as the Engineer for the work to be performed under this agreement. c. "Developer"means the owner or owners of propar(y to be benefited by the proposed extension, including Developer's agents and employees. d. "Developer Engineer"means the engineering firm,and that flrm's representatives,agents and employees which may be retained by the Developer at its option,to design and prepare the Plans for the work to be performed under this agreement in accordance with District specifications. e. "Contmctor"means the persons or firms employed by the Developer to tlo ar perform any part of the work,all of whom shall be considered agents of the Developer regardless oY'any-contractual agreements b¢tween them. {, ^Work"means the labor,materials,superintendence,equipment,transportation,supplies end any other fScilities or services necessary or convenient to the completion of the proposed extension described in the application contained herein. g. `•Design"means the preparation of the Plena for[he extension to the District's wafer distribution collection system and any additions,modiflcatians or changes thereto. h. "Plans"means drawings,including reproductions thereof,of the work to be done as an extension xo the DlstricYs water distribution collection system,prepared or approved by the District Hngineer,and approved by the District Board of Commissioners and any Board approved additions,modiRcationa ar changes thereto. 3. "SpeciRcations"means[he directions,provisions,standards and requirements esgablished by<he District Engineer and as apVroved by the District Board of Commissioners for the performance of the work and for the quantity and quality of materials and any Board approved additions, modiflcationa or changes thereto. j. "Otherwise specified,or as specified"moans the directions contained in the Plans,special speaitidations,if any,and otherwise as given by the District incident to the performance of the work other tfian in these General Speciflications. k. "Developer Extension improvements;'"extension improvements;'"extensiorP•,or `9mproveanent"means th¢water improvements reFerenced in the application to coristruc[ extensiwts to the District's utility systems contained in this Developer Extension Agreement. L "System Development Charge"means the charge to property owners seeking to connect to the District's water system,as a condition to granting the right to so connect,and in add titan to the coat of such connection as may be esmblishad by the Board of Commissioners,such reasonable connection charges pursuant to RCW 5'].Og.005,as the Board of Commissioners shall determine to ba proper in order that those property owners shall bear their equitable share of the cost of the system,and provide funds for replacement of irfrastructure and capital projects for upgrading existing infrastructure. All such fees and charges shall be paid,in full,less any credits,before water wilt be made available. BWD-4 �x 1�-t-i3 Si4Z m. Cach lot or service connection included in a water eMension will be assessed a"Service Connection Charge"<if the District installs the meter/service connection[hen a Service Installation Charge woWtl apply in addition to the a.onnecdon charge),a System Development Charge,end,i£applicablq a Local Facilities Charge,and/or special assessment. All such Fees and charg s shell be paid,in full, less any credits,before water will ba made available. n. "Local Facility Charge"means the charge to property owners seeking to connect to the District's water system to serve real property abutting or adjacent to local water facilities for whtch the property owner has not paid an equitable share of the cost of such system pu[auant to RCW 57.08.005 by either the t)installation o£such facility by the Developer extension agreement,2) payment ofa latecomer reimbursement obligation or participation in a UWD which installs such system;or 3)payment of a charge for such system as established by the District for a District "financed"facility,shall pay the local facility connection charges in effect ai that time in addition [a District water general connection and system development charges. All such fees and charges shall be paid,in full,]ass any cretliis,before water will be made aveilebie. o. "Special Connection Charge"means the charge to q'operty owners seeking to connect to[he District's water systems to serve real property abutting or adjacent to local water facilities for which the property owner has not paid an equitable share of the costs of such system subject to a special local facility connection charge previously established by the District pursuant to RCW 5].08.005. All fees and charges shell be paid,in full,less any credits,before water will be made available. p. "Reimbursement Agreements" 1. "Latecomer'•means property owners seeking to connect[o[he District's water systems to serve property abutting or adjacent to local water facilities installed and paid£or by other Developers who are entitled to reimbursement pursuant to RCW 57.22.020 For which the property owner'has not paid en equitable share of the cost o£Ihe system;a latecomer shall pay a reimbursement charge to the Developer installing such local facilities or to[he District if such local facility is a District financed extension facility or[he latecomer reimbursement obligation has expired. Such latecomer reimbursement charge paid pursuant to this section shall be in lieu of any local facility charge. All fees and charges shall be paid,in full,less any credits,before water will be made available. 2. "oversizing ReimbursemenP'means reimbursement by the District to the Developm- instailing a wffier extension for the di££erence in the costs of materials only between mt 8" main extension to be installed under the Developer extension and oversimd main such is 12"required by the Disvict;to be eligible For oversizing reimbursement,the Developer shall be required to have a signed written agreement with the District providing for such oversizing prior to the installation of the mein which is the subject of oversizing reimbursement. I BW0.5 fix # r� � /4Z BdFair Water District No. 1,as a municipal corporetion,has a responsibility to the public to insure that water mains laid on public streets or easements are constructed in accordance with currently accepted standards For public work. The roquiremema imposed upon the Developers by these regulations are not arbitrary or capricious but are adopted by the District after due oonsideration as a contract with the Developer,incorporating the reasonable minimum standards and specifications which are prerequisite[o I acceptance o£tha wozK by the District and other government agencies as a part of the District water systems. Privately constructed extansiona will not be permitted thereto unless the work is performed and paid for in accordance with these regulations. BWD-3 TH DEVELOPER TO BE INFORtvtFD The Developer shall be fullyinforned regarding the nature,quality-and extent of the worK to be done,and if in douM,to secure speciFic instructions from the District. Tha Developer shall designate a person and provide contact infornatiory which may be changed from time<o time, to the Distticq in writing,to receive any information or notice required by this agreement. DWD-4 AUTHORITY OF DEVELOPER ENGINEER The Developer shall have the right co select its own engineer to design and prepare the Plans or have the District Engineer perForm such design and preparation. Developer Engineer shall only have authority to design and prepare the Plans for the extension to the District's water disttibution collection system. The Plans shell conform in all respects to District standards and specifications and must be approved by the District Engineer and the District Board of Comrtissioners prior to commencement of work. The District shall have the sole right and discretion to approve or reject the Plans or require changes to be made xo them. Failure of the District to requiro changes in the Plans prior to approval of them shall not ba deemed a waiver of the District's right to require such changers in the Plans as the District may deem necessary. Any changes ar modiflcationa to the Design or Plana for the work during construction shall be approved by the District prior to such changes or modifications. It is the responsibility of the Developer to ensure that the Plans prepared by Developer's Engineer conform in all respects to District Speoiflcations. Peilure by the District to discover errors,omissions of discrepancies in the Platte shall not relieve the Developer oFthis responsibility and Developer shell promptty advise the District of any errors,omissions,or Alscrepancies which are discovered in the Plan documents BWD-5 AUTHORITY OF DISTR[CT Tho District shall have authority to approve,reject or require changes in Plans prepared by Developer � Engineer. The District shall also have authority to require such changes in the Plans as the District may deem necessary. The District shall have the right to review and approve the ganerel supervision and direction of work and shall have authority to stop the work,or any part thereof,without prior notice or warning,whenever in the opinion of the District,such work is not proceeding in accordance with the �, Plans and Specifications. Such decision to stop the worK shall be deemed by the parties to be necessary to insure safety and compl{ance with the approved Plans and Specifications_ Tha District Engineer shall have authority xo reject work and materials which do not conform with approved Plans and Specifications attd to decide any questions or disputes which may arise in the execution of the work as to whether or no[ the work or matenais conform to the approved Plans and Specifications. The decision of the District Engineer shall be final and binding on ail such questions or disputes. The failure of the Distrlet to reject or disapprove any part of the work or materials shal I no<be deemed att acceptance of any such part of the work or materials. BWD-6 ,: 14. 13 f. Y/li-Z BWD-6 OWNIIRSH�P OF PLANS The originals of all Plans prepared by Developer Engineer shall be delivered[o the District upon completion of[he Plans antl shall become[he property of the District. Neither the Developer nor Developer Engineer shall have any rights of ownership,copyright,trademark or patent in the Plans. Any and all such rights of ownershiq copyright,trademark or Vatent,if any,shall be deemed to irrevocably assigned and transferred to[he District ' awD-� �"X �- 14 13 8 /�-tz. gp+yp_-J E CTION OF DEV LOPER'S ENGINEER Should Yha Developer elect to use its own licensed professional engineer to design and prepare the Plans, at the time of Developer's submission o£this Agreement to the District for execution,the Developer shalt notify the District fn writing o£the poraob or firm proposed to do the Design. The District may request additional information from Developer on the education.training.experience, licensing and professional qualifications of any such proposed engineer. The Developer shall not employ any person or£rm£or any part of the Design work that the District may object m as incompetent, unfit,or irresponsible. Nothing contained in this Agreement shall create any contractual rights or other legal relationship of any kind whatsoever between the District and any person or firm employed by the Developer to design a»d prepare the Plana. If the Developer elects to use its own licensed professional engineer,a Plan review fee will be charged to the Developer by the District{or review by iha District's engineer. BWD-8 ECTION AND TESTS All work shall be subject to full-time inspection by the District. The District shall at all times have access to the work wherever it is in pzapavation or progress,and the Developer shall provide proper facilities for such access and inspection. Th¢Developer shall make teats of the work at Developer's expense upon the District's request. Whenever work must be specially tested or inspected for compliance with public regulations,or with the Plans and Specifications,the Developer shall give the District reasonable notice � o£the readiness of the wprk for such test or inspection. The District shall make inspections within two business days of notification by the Developer. Work shall not be covered up without consent of the District,and if it should ba covered without such consent,it must be uncovgretl for inspection a[ Developer's sole expense. Such inspections and tests shall not relieve the Developer of any o£its responsibilities under this Agreement. BWD-9 FIN' �•••eo..-.�Trr.nr emit srCFPTANCE All material and completed work are subject to final inspection by the District,which shalt have the right to subject any portion thereof[o such tests as in the opinion of[ho DistAct shall ba necessary to determine whether the work complies with the Plans end Specifications. AnY and all such tests shall be at dre sole cost and expense of Developer. BWD-10 PLANS AND SPECIFICATIONS ACCD951BLE Titer Developer shall fiave one copy o£the Plans and SPecificaH ons accessible at all Times a[the site of the installation of the worWextension improvements. BWD-11 OMISSIONS AND DISCREPANCIES Minor items of work or materials omitted from Plans and Specifications prepared by the District, District's Engineer,or Developer's Engineer,but clearly inferable from the same and which era called£or by accepted good practice,shall be provided and/or performed by the Developer as per[of the consvuetion. [n case of doubt,the District shall be consulted in writing and its decision shall be final. BWD-12 DUALITY OF MATERIALS AND WORKMANSHIP Unless otherwise specitied,all materials,including lines,parts,valves and connections,shall be new,and workmanship and materials shall be of the highest quality commonly used. The Developer shall furnish satisfactory evidence to the Districq es may be requested by the Distrfeq as[o the kind and quality of materials end suppliers. BWD-a x ii 1413 �/c} L BWD-03 OM l NC I U T RI The work shall be done in accordance with regulations o£each public authority, including the county, public health departments,and municipalities which may have jurisd ic[ion over the manner and quality of performance of the work;provided,however,in the event any other public authority's standards and � regulations applicable to the work are less stringent than the District's,the DislricPs standards and specifications shall prevail. The public shall not be inconvenienced in its use of the public streets. The Developer shall enforce d{scipline and good order among its agents,contractors end employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned[o such person. Employees or agents of the Developer who may Impair the quality o£the construction shall be removed from[he work upon the written request of the District. All construction in public roads or rights-of--way shall be done in accordance with the standards and I requirements of the governmental agency having jurisdiction,and in accordance with requirements o£the franchise or permiq therefore. The Developer and Contractor shall be responsible m obtain and comply with these requirements a[their sole cost and expense. BWD-14 The Developer sbflll file a material and equipment list with the District no later than fourteen(14) calendar day r to the begin ng of construction,including the quantity,manu£ac[w�er and model number,if applicable,of material and equipment to be Installed as pert of the work. The District shall have the right to reject materials end equipment which in the District's opinion do no[conform to District specifications and the approved plans. Failure of the District to reject materials and equipment a[the time the list is filed shall not be tleemed a waiver of the District's right to reject such materials or equipment at a later tune. BWD-15 1 N •'A E UAL^ The District and its Engineer shell determine in their sole discretion whether supplies or material qualify "es equal"substitutions under the Plans and Specifications. BWD-16 PERMITS The Developer shall not begin work until all necessary permits have been issued by public authority, i.e.,County Right-of--Way Permits for water,if applicable. The District or District Engineer shell make application to[he County agency involved for[he Right-of--Way Permits. Developer shall provide the District with prior notice of each inspection for such permits and a copy of all interim and final inspection approvals.The Developer shall reimburse the District£or all costs incurred by the District for permits, inspection fees and other charges Imposed by public authority because of the work. The Developer shall comply with the requirements of such permits. BWD-17 POINTS AND INSTRUCTIONS The Developer shall provide all property cornets and street centerline stakes and shall provide reasonable and necessary opportunities end facilities for setting points and making measurements by the District Engineer. The Developer shall not proceed with the work until the Developer has made timely request of the District for,and has received,such points and instructions as may be necessary es the work progresses. The work shell be done in strict confonmlry with such points and instructions. The Developer shell carefully preserve benchmarks,reference points and stakes,and in case of destruction,shall be charged for any resulting expense such as the cost of restaking end shall be responsible far any errors that may be caused by their absence or disturbance. BWD-9 �x t� i4i3 1 6/4z BWD-lg B� O TION OF IMPROVEMENTS Culverts,driveways,roadways,pipelines,lawns,or other existing Improvements which are removed or disturbed in the course of the work shall be restored to[heir original condition t the expense of the Developer. In cutting through established lawns,the sod shall be removed bnfora trenching and replaced after backfilling to the reasonable satisFaction of the property owner. A signed release for the work oa a form acceptable to the Distrbt from the aFFected property owner shall tie required. As a minimum requirement,all restoration shall be made to the condition of the area prior to construction. In areas where restoration of existing improvements Will be necessary end to provide records of existing improvements,the Developer shall provide photographs ar videos before and after construction,as required and acceptable to the District. BWD-19 ACCESS Bridging shall be provided across private driveways and roadways during the period when trenches are open to avoid interference with normal traffic flow. The Developer shall provide photographs-or videos of such bridging.ea may be required and acceptable to the DisnicS. BWD-20 DEVELOPER'S SLIP RVISION The Developer shall keep on the work during its progress a competent supervisor who shall represent the Developer during Developer's absence,and to whom instructions may be given as though to the Developer. The supervisor stied be familiar with the Plana and Specifications and shall promptly report fo the Distrint any erroq inconsistency or omission which the supervisor may discover. Developer shall provide the District with the name and contact information of such supervisor,which may be changed' From kime to time,and Developer shell insure that such supervisor is available£or communication by or with the DistNet during any hours when worK is being performed. BWD-21 FECTIVE WORK AND CORRECTIVE ACTION Work which is found by the District not to comply with the Plans and Specifications shall be remedied so as to comply therewith. The Developer shall correct or replace arty defective work or material discovered by the District within two(2)years after the work has been accepted by the District(Maintenance Period). Such correction or replacement shall commence within seven days from the time of Developer's receipt of notice from the District of defective work or materials and shall be completed promptly. If not so commenced,or,in emergency,when damage may result ftam delay,such correction or replacement may be made by the District at the expense of the Developer. The Developer shall reimburse the District,upon demand,for any expense resulting from defbcts which appear within two years after acceptance of Developer's work including actual damagos,Cost of materiels amd labor expended by the District in making emergency repairs,cost of engineering,inspection,testing and supervision by the District or the Engineers,and reasonable artomcy's Fees,expert witness Fees and all related costs and expenses incurred � by the District as a resu]t thereof. I, BWD-22 USE OF COl�LDTFD PORTIONS I The District shall have the right to take pnasession of and use any completed or partially completed portions of the work although the time may not have expired fox comple<ing the entire work,and this shall not ba deemed acceptance of any of the work. I BWD-23 LLABI- ITy INSURANCE The Developer shall procure commercial general liability and automobile liability insurance on an occurrence basis against liability to the Devcnd the DistDrict's employees,agents rand volunteers fm-injury officers and officials,the District engineer,a BWD-10 � x k� 14g3 1 I /42 to person or property resulting from performance,supervision,or inspection of the work. The District shall be named as an insured/certi fiesta holder undm�such policy. Proof of[he existence of such insurance shall be provided to the Dis[ric[by original certificate of insurance and en endorsement to the insurance policy in the form attached hereto. The minimum limits of coverage shell be as follows: General Aggregate $2,000,000.00 Products-0omp/OPS Aggregate 2,000,000.00 Personal Injury 2,000,000.00 Each Occurrence 2,000,000.00 Automobile Liability 2,000,000.00 BWD-24 INDEMNITY The Developer shall indemnify,defend and hold the District and its elected officials,employees,agents, volunteers,attorneys,and engineers harmless Thom and against ell losses and claims,demands, payments, suits,actions,recoveries end judgments of every nature and description brought or recovered against the District by reason of the act or omission of the Ueveloper, Developer's agents or employees,or any contractor or subcontractor in the performance of the work,and for any cost or expense incw�red by the Uistrict in connection therewith,including overhead expense,legal expense,attorney•s fees and costs attributable thereto;end if suit in respect to the foregoing is Fled,the Ueveloper shall appear and defend the same at its own cost and expense,and ifjudgment is rendered or settlement made requiring payment of damages by the Uistrict,the Developer shall pay the same in full,without setoff or contribution. BWD-25 ING UTIr 1TIES OR OBSTRUCTIONS A. f PI b D' i E ¢ ear If any of the Project Design and Plans are prepared by the District Engineer,existing utilities and obstructions are shown on[he Drawings so far as known to the Uistrict Engineer and the Uisb�ict but may have been obtained from old drawings or verbally from persons connected with the utility. Ti d li biL f h i ! i i d b� i od it bf io ilia D to lue as ' hove. Any reliance by Developer on such mforrnation shall be a Developer's sole risk end liability. Incompleteness or errors in this information shall not be the basis or reason, in whole or in part,of any claim against the District Engineer or the Uistrict ear shall it relieve[he Developer of full responsibility for repairing any damage Developer's activities may cause to such utilities. The Developer shall notify[he District immediately of any damage to District property or property of others. In[he event of an emergency,to be determined by the District,repairs shall be made immediately. In the case of such an emergency,artd repairs are not made immediately,the District,at[he sole cost of[he peveloper,may make such repairs. No repairs,either temporary or permart¢nq shall be made to existing Uistrict facilities(water)without first notifying the Uistrict. The Ueveloper shall reimburse[he District for damage to the property of the District or damage to properly of others for which the District is liable caused in whole or in part by[he Developer and for other expenses, including reasonable attorneys fees,expert witness fees,expanses and court costs incurred by the District because of such damage. B. P f f PI b D 1 E In ilia event the Ueveloper elects to use its own engineer to Design and prepare the Plans,the District shall make available to the Developer such information as it may have regarding exisIIng uHhties and obstructions so far es known to ilia District Such information is not guaranteed but is made available to the Developer for such value as It may have.Incompleteness or errors in this information shall not be Hte taus¢of claim against the District Engineer or the Uistrict nor shall it relieve the Ueveloper of responsibility for repairing any damage Developer's activities may cause BWD-11 �,x 1� r3 , iZ /42 to such utilities. It shall b¢Developer's responsibility to contact all necessary utilities and determine what existing utilities and obstructions may exist The Developer shall notify the District immediately of any damage to District property or property of others. }n the event of an emergency,to be determined by the District,repairs shall be[Wade immea t elsole cost of the f such an emergency,and repairs are not made immediately,pthe�sotripct, shall be made to Developer,may make such repairs. No repairs,either tam ors r ermanent, existlng District facilities(water)without fret notifying the District and at the sole discretion of the District exercise the option£or the District to inspect the repair. The Developer shall reimburse the District for damage to the property of the Dtstric<or damage tv property of others for which the District is liable cause the Developer and for other expenses,including attorneys' I fees and court costs Incurred by the District because of such damage. BWD-26 CI_-EANUP The construction sike shall be Kept clear of waste and debris during the progress of the work. Before the work shall be considered complete,the Developer shell clean out ditches that may have been Rlredair allg tfie work,replace damaged surfacing,remove surplus materials and trash and dispose of brush, p damages,and otherwise leave the work site/area in a neat,orderly and workmaNika condition. Dust control shall be provided during the progress of the work antl during cleanup. The Contractor shall Keep existing roads and streets adjacent to or within the limits of the project open aad maintained in a good and safe condition for traffio at all Nmes per the State or County or District requirements. The Contractor shall removq on a daily basis,any deposits or debris which may have accumulated on the roadway surface as a result of construction operations. Removal shall be performed on a mote frequent basis should the Right of Way representative of the carrespondingjurisdiction or the District determine that such removal is necessary for any reason. Any damage resulting from the Contractor's operation shall ba repaired by the Contraotar at no expense to the Owner or District. BWD-29 PUBLIC HAZARD OR INCONVENIENCE if the performance o£the work should result in hazard or substantial inconvenience to the public,the District may correct the same,if in the opinion of the District the same should be necessary,and the Developer shall,on request,reimburse the District Yor all costs and expanses incurred. Tha Developer shall also reimburse the District For the expense incurred in complying with any order of public authority lawfully made with respect to the work during the partonnence of the work or within two years aRer acceptance of the lame. The District shall notify Developer of such order by the public authority bra shall have no other obligation or responsibility to make changes or correMions to conform with such order. BWD_Zg PROTE T1�WORK AND PROPERTY i The Developer shalt exercrse due care and caution to protect property and the work addressed by this Agreement from ady damage resulting from the actions of third parties,envirotunental changes,or adverse weather conditions. Tha Developer shall be solely responsible for any loss or damage to property ar the worK herairr occurring prior to the completion bf and acceptance of the Work by the District and shell promptly undertake end complete any necessary repairs of replacements reasonably necessary. BWD-29 ROYALTIES AND PATENTS The Developer shall pay all royalties and license fees and defend all suits or claims far infringement of any patent rights and shall save the District harmless on accoum thareof,�excapt the District shall be responsible fur all such loss if a particular process or the product of a particular manufacturer is specs{ed it by the District,unless the Developer or Developer's Contractor has lrrforrtetion[hat the process or article is an.infr{ngement of a patent and fails to prmnptly notify the District thereof in writing. BWD-12 �,r �4�3 , i3 /4z BWD-30 LAW3 TO BE OBSERVED The Developer and the Contractor shall comply with ail federal,state,and local Taws,ordinances antl regulations that affect[he work which is[he subject of this Agreemen[- BWD�31 OTHER WORK The District has the right to let other convects to one or more unrelated third panics for other work which tnay affect the work hereunder. All such persons performing such ocher work shall be afforded reasonable opportunity by the Developer herein for introduction and storage of their materials and execution of their work. The work hereunder and such other work shall be properly coordinated and ' connected- Any dispute between Developer and such third parties regarding scheduling,materials storage,access,or delivery shall be ref rred to the District Engineer who shall decide the dispute. The District Engineer's decision shall be final and binding to determine any such dispute. If any of the work hereunder depends on the proper execution of the work of any other persons,the Developer shall promP(ly inspect and notify the District in writing of any defects in such other work � which render it unsuitable for the execution of the work hereunder. Developer's failure to inspect and notify the District shall constitute acceptance of[he other work as suitable end a waiver of any claim for delay or additional work. BWD-32 CONTRACTORS At teas[flue(5)business days prior[o the start of work by any Verson or Rrm,the Developer shall notify the District in writing of the name ofthe contractotYs)end any subcontractors)proposed to do[he wm�k and shall not utilize any contractor and/or subcontractor for any part of the work that the District may object to es lncompe[enq unflq or irresponsible. Nothing contained in this Agmement shall create any con[rac[uel rights or other legal rela[ionsltip of any kind between[he District and any person or firm retained by the Developer to do the work. BWD-33 TRAFFIC MAINTENANCE AND PROTECTION All work shall be performed with due regard For the safety and convenience of the public and so that interference with automotive end pedestrian traffic will be minimized. Flagging personnel,barricades, signs end traffic control furnished or provided shall conform[o the standards established in the latest edition of[he Manuel on Uniform Traffic Control Devices- All flnggers shalt ba certifred and carry in [heir possession a card that verifies[hey have successfldly completed training to become a Certified Flogger. The District tray require the construction of two-way bridges of approved construction on streets with high traffic volume. Where detours are built,[hey shall be graded and maintained to the satisfaction of the District. Where construction has beets tom plated or is in progress in existing street,the streets shall be graded antl maintained to the satisfaction of the District. No detours for foot traffic shall be more than one block in length and where crossing trenches,detours shall be provided with adequate foot bridges with handrails and shall be handicapped accessible. At least one half of existing streets shall be left open for traffic and emergency vehicles et ell times. BWD-34 NO D15CRIMINATION IN EMPLOYMENT In connection with[he performance of work,the Developer and Contractor shall comply with all federal, state and local codes,statutes and ordinances prohibiting employment discrimination. BWD-13 BWD-35 ATTORNEY'3 FEES In the event that either the District or the Developer commences any legal action relating n additpio Sle ells o{this agreement,including declaratory judgment,[he prevailing party shall be entitled,i other amounts to which it is otherwise entitled by this agreement,to all costs and expenses of litirg;u�,, � including but not limited to costs,witness,expert and reasonable attorneys and paralegal fees,i g all such costs and fees incurred in appeal. BWD-36 SANITATION Necessary sanitation convenience For the use o£workmen on the job,properly secluded from public observation,shall ba provided end maintained during the performance of the work. BWD-39 LI>:'�N8 Prior to acceptance of the work,[he Developer shall deliver to the District a written release in a form acceptable to the District of ell liens that might arise out of the performance of the work or such other evidence as may be acceptable fo the District that there are np liens against the work. If any lien arises or remains unsatisfied after acceptance ofthe work,the Developer shall reimburse[he District for all_costs and expenses incurred in releasing such lien interest,Including attamey's fees and costa incurred on account thereof. BWD-38 SAFETY The Developer and Developer's Contractor shall ba solely and completely resporrsibic for conditions o£ the job site,including safety of all persons and property dun'ng the performanr:of the work. This requirement will apply continuously and not be limited to normal working hours. The District's review of[he work shall not end does not include review,acceptance or approval of the adequacy o£any of the Contractor's safety measuros.devices or equipment in,on,or near the construction site. BWD-39 4Sr.MENTS All easements required shall be obtained by the Developer without cost to the Districtand shall provide Y'm�a permanent easement and construction easamenx es shown on the Design and Plans. Fatecuted copies of offsite easainents shall be delivered to the District prior to beginning corrstruotion. All other casements shall be delivered io the District prior[o the District's acceptance of the work. Tha Developer shell provide the District Engineer with supporting date to verify the location of all easements. All casements shall be a minimum of fifteen(15)feet in width and shall be clearly written in a manner that the easement can bo plotted From the description. In all unimproved easements,as determined by the District,pipe markers shell be installed per District sped£cations. In the event that legal,engineering or surveying services are required indident to easements beyond rav[ew o£the form thereof,the costs of such services shall be paid by the Developer in the amount as billed to the D{strici before acceptance of the proposed extension. The Developer shall also,upon request,provide the District satisfactory title insurance insuring without axce:pfion the District's interest in al]easements conveyed m the District. All easements shall b"e obtained on[ha District's Easement form,as well as recorded on the face of the final plat,if applicable. BK.p_qp CONFIN M NT OF CONTRACTOR'S OPERATIONS Tha Contractor shall confine construction activities within the property of the Developer and the limits of casements and construction/right-of--way permits mdside of Developer's property. All work on easements and permit areas outside Developer'9 property shall be performed in strict compliance with the provisions BWD-]4 � x i4 L3 �si4z of the easement or permit Any damage to property or persons from any encroachment beyond these limits shall be the sole responaibitlty of the Developer. Equipment and materials storage shall be ' canflned to Developer's property. Pipe strung on pubiic rights-of--way shall be placed a safe distance from any [raveled road in such manner as to avoid accidental rolling onto the road. No driveways or handicapped pedestrian access shall be blocked. Lighted barricades in an atlequate nwnber and location j pursuant to state,county end local regulations shall be provided. i BWD-91 E IF CA R ED BY REFERENC � Where federal,A W WA,ASTM,WSDOT,APWA, Mason County or any other standard apccificationa are referenced to m'included by inference herein the latest issue and/or amendment thereto published et the date of approval of the Agreement by tho District abet I be incorporated in the contract by said reference as if set forth herein in full. Should a conflict exist between the approved design drawings end any standard specifications or details referenced herein,the approved design drawings shall prevail. BWD-42 "AS BUILT"DRAWINGS The Developer/Contractor shall maintain on[ha jobsita project plans marked to indicate District-approved plan revisions made in the flcld and other details of construction. Also,all water feataires,such as valves, hydrants,meters,etc. shall be surveyed upon completion of construction and the resulting information included on the drawings. The drawings shall be made available upon completion of the project to the District for use in preparation of"as built'records by[he District Engineer. The Developer shall be responsible Eor the cost of any requiretl`•as bui1P'drawings az prepared by the District Engineer. Hard Cooiea: Belfair Water District No. 1 requests that the Developer/engineer submit a clear and legible copy of the as-built of the project either as copy or as a PDF in addition to an AutoCAD file. Electronic data: All relevant structures should be survey located. The survey location of the points should be based on the Washington State Piane North coordinate system,NAD 83/91 horizontal datum and NA VD 88 vertical datum The as-built submittal will inclutle a text document identifying the method of collection: RTK,GPS,or conventional survey atttl the published survey grade reference points used to astabiish the coordinate datum. Alternately,projects surveyed using RTK constrained to the Washington Reference Station Network as their method of establishing the coordinate datum,will be accepted. The sau�vey data can be included as point blacks in a digital ACAD Flle,may be submitted as an ESRI shape£le,or may be submitted es an ASCI point file. All points must be attributed to include the type of structure and the following bons(in addition to geographic location): Water System Component Location Point Attributes Valve Center of Lid q type,mfg,yr.,close/opeq depth of valve Hydrent Center top e,typq mfg,yc,depth of bury PRV Cenrer Hatch valve and bypass,elevation Q cope of pipe,tYPe.mfg,yr Master Meter Center top =e,[ypq mfg,yr,closed/open.connect to Meter Center box stze.type,mfg,yr Air Vac Center box ze,type,mfg,yr Blow-off Ccntar box size,type.mfg,yr Assembly BWD-43 GOVERN[NG LAW/FORUM This Agreement shalt be construed and enforced in accordance with,and the validity and performance hereof abet] be governed by,the laws of the State of Washington. The parties expressly understand, agree BwD-Is � X -tlI4L3 16/� Z and consent xhat any suit to enforce the provisions of this Agreement,or based up Su aeriorfCourt nns and conditions herein shall be brought exclusively in the Mason County,Washington, p BWD-44 RE""""'��"'r'r�'"T srrnr.iCOTION Tha Developer mqy apply for a reimbursement agreement with the District pursuant to R.C.W.57.22.020 in the{onn as enclosed herein. The application For a reimbursement agreement shall be made to the District within 30 days of the District's final acceptance of the extension improvements;thereafter, Developer's right to apply to the District for such a reimbursement agreement shall expire and no Longer exist. BWD-45 NO THIRD P RSON SHALL HAVE ANY RIGHTS HEREUNDER This Agreement is made entirely£or the benefit of the District and the IJaveloper and successors in interest,and no third person or patty shall have any rights hereunder whether by agency,as a third-parry beneficiary,or otherwise. BWD-46 PERFORhZAACE GUARANTEE/MA]�1TENANCE GUARANTEE Beforo construction can proceed tfia Developer must post a Performance Guarantee,which can be in the torn of a Surety Performance Srnrd,Cash Performance Bond,or a Letter of Credit in the fotut and with ietTna and conditions,-as required by the District. The amount shall be determined by the Distrito Engineer's cost estimate for the utility improvements,or by the Contmetor based on bid prices for the work,as approved by the District Board of Cotttmissionera in its sole discretion. A two-year Cash Maintenance Bond equal to ten(l0)per cent of the Performance Guarantee will be required afker the water extensions have been approvetl and accepted by the District Board of Commissioners. BWD-47 PREC ION MEETING After all Plans and related dowmants have been executed end npproved by the District and a Performance Guarantee has been provided[o the District,and the Right-of--Way Permits(if regmred�are on file,the Developer shall contact the District w schedule a preconstruction meeting. Construction of the water improvements fro-Developer's project shall not begin until at least f ht f481 h R � 1 orecatstruction meatin¢. The preeonstruction meeting will be held at the District office during normal District office hours.District staff may also determine to continua end/or complete the preconstruction meeting at the project site. BWO-IG � 1x�+ [3 � �/42 WATER EXTEN9ION5 �,� 1�} f3 1 8/4 Z BELFAIR WATER DISTRICT NO. 1 DEVELOPER EXTENSION CHECKLIST WATER Name o£Develop�nent Olympic Ridge Plat p V OP R CONTRACTOR Neme� Name: Designate Developer status: Address: Q corporation; Q partnership; Telephone: Q join[venture; Contractor's Registration No.: Q limited liability company; P OPER ENGIN>=ER Q sole proprietorship Neme: APex Engineering,LLC Address Address: 2601 S.35th St.,Suite 20D Tacoma,WA 9g409 Telephone: Telephone: (253J 473-4494 Contact Person- Contact Person: Kimberly Savage Email Email: savage(�apexengineering.net Assigned District Engineer: DA ITEM RESPONSIBLE PARTV A. P 1' 1. Application Form completed Developer 2. First installment f es paid: Developer a. Set-up — $ 850.00(DEA contract) b. Design — $ c. Staking — $ 3. Application approved and plans ordered District 4. Developer Engineer approved(if applicable) District g. R d b f 1 t rt d b D' i E i D 1 E near 1. Preliminary plat,if applicable Developer 2. Contour ntap with 5' or less contour intervals(hard Developer copy and electronic versions es appropriate) 3. Road end storm system plans,and profiles tiled with Developer District Engineer(hard copy and electronic versions as appropriate) Bwol-1 �x�14.t3, ��i4 z C, PI d b D I E i ('f 1' bl 1 1. hems 1,2,and 3 o£B above completed and submitted Developer to District Engineer 2. Conceptual plan prepared District Enginaei 3. Pre-design meeting pevelopeq i Developer Engineer, Districq District Engineer 4. Preliminary design submitted to pistrict(3 copies) Developer Engineer 5. Preliminary design approved District Engineer 6. Preliminary Plat Review Fee—$500.00 District, O. Final Plan submitted(3 copies) Developer Engineer 8. Pinal Plan approved Disttict,District Engineer 9. Original drawings submitted to District Developer Engineer p. a batbre s din Feld 1. Plans and spetlficaUons District Engineer, Developer Engineer 2. Developer Extension checklist completed pistrict Engineer 3. DOH plan approval(if required) District Engineer 4. Application£or State and/ar County permits District Engineer 5. Approval of contrector District 6. Performance Bond Developer 'l. Certiflcata o£insurance Contractor 8. Control staking in place CProperly boundary lines, Developer street center lines,etcJ 9. Fire Marsfial npproval Developer 10. Me[ro Approval Received District Engineer BWUI-2 � x¢t 1413 z-o/4z- 1 1. All Pees Paid Developer a District Engineer Plan Approval Fee(if applicable)/Design Fees b. Estimated Inspection Fees c. Staking Fees• end District Engineering Fees tl. Facilities Cannecton Charges e. Spceial Connection Charges £ Latecomer Charges g. Fire Marshal Approval Fee h. Others: 12. Preconstruction Meeting District, District Engineer, - Devetoper, Developer Engin¢eq Contractor 13. Material and Equipment List submitted prior to the Contractor Preconshvcflon Meeting E. b f [ Y b 1. Notice to District Engincer to stake+ District 2. Construction stakes in piece DistricbDeveloper Engineer 3. Preconstruction photographs District 4. 48-hour notice of construction start Developer 5. Material and Equipment List Approval—prior to District, COn5YrL6llOn DiStriCt Engineer F, { d Uef t tl' F' I A 1. Approval of ConsKuc[ion District 2. DOH approval(i£requiretl) District Engineer 3. Easwnents provided and approved Developer/District 4. Bill of Sale provided and approved Developer/District 5. All extra charges paid Developer 6. Additional Inspection/engineering Fees paid Developer 7. Two-year Cash Maintenance Bond Developer 8. Project Acceptance District HWDI-3 �X 1'-i 13 -z) /4 z G, :�Per_od ). Final inspection/punch list for release ofmCi't��ance District bond to he accomplished no later than two 2 ers £rom date of acceptance ' 2. Release of Cash Maintenance Bond District H. L h t o t('f I' ble) 1, Application shall be anode within 30 days of the Developer District's foal acceptance of an extension fac3llty 2. Payment of nonrefundable fee(inikial) Developer 3. Preliminary Review and set-up of reimbursement District Engineer contracVestima<e of total Feas 4. Applicant to review estimate and notify District to Developer proceed 5. Complete Reimbursement Agreement Oistricq District Engineer 6. Pay foal setup costs and actual setup costs Developer ']. Record contract with County Attorney i. M' 11 s 1. Bill of sale recorded Diatrict 2. Easements recorded District �ii 3. As-boil[drawings furnishedfi District Engineer 4. Excess inspection fees refwrtled: $ District 5. Streetlige a muse roe tocnaea by survey ana d.c }NOTE: All aurfacc f turea aucb Iv hYdranta,blvwoff§�meto�r boxc o myulting 3nfonnation pauvided to the Oiatdcl Cngin er for v e m prcperation of As-rfuilt arvwings. awDl-a �x l�F C3 Z2/crZ APPLICATION AND AGREEMENT TO CONSTRUCT EXTENSION TO WATER SYSTEM The undersigned,es[he Developer herein,hereby makes aVPlicatien to[he Commissioners of Belfair Water District No. 1-,as the District herein,for permission to construct and connect a private extension to the District's¢xisting water system as herein provided and pursuant to Cfiepter 3'].22 RCW. If[his application is accepted,the undersigned,in consideration of the mutual promises antl covenants herein contained,agrees to the terms and conditions of this Developer Extension Agreement and as follows: 1. Location of Water System Exenaion. The proposed water system extension(the•'extension")wili ba installed in streets and other approved rights-of--way and/or easements and shall be for the use and benefit of the real property hereinafter described,which real property is owned by the Developer and/or other owners for whom[he Developer is acting es agent. All such owners have joined in this application antl are designated on She signature page hereof as•'additional owners:'Please enclose a Legal description of[he real property including the Tax Lot Number;a common address,if applicable;end a Parcel Number: See Exhibit A 2. Descriotion of Extension. The proposed extensien will consist of approximately 3,843 lineal feet Of water pipe antl appwtenances and shall be installed in accordance avith this Agreement and with the Plans and Speciflcationa providetl by the District at the cost of the Developer as hereinafter provided,or in accordance with such Plans as Developer's Engineer may prepare in conformity with District specifications and approved by fhe District. 3. Fees to be osid by the Developer. a. Anon-refundable minimum Fee of$R30.00 plus inspection fee of$2.00 per lineal foot of line proposed to be constructed,es measured by the District,and a$300.0o Plan review fee shall be paid at the time of maMng application to the Divtrlet as a minimum fee£or District setup. Provided thax the minimum lineal footage fee up to 800 lineal feet shall be$1,600.00;for a minimum combined fee of$2,930.00($830.00 plus$1,600.00 plus$300.00). Ifthe proposed extension is for a new subdivision,the final plans will not normally be reviewed or approved by the District's Engineers and the District until the plat has been£led with the Mason County Auditor and approved by all necessary Mason County agencies and departments. b. In the event Developer's own Enginrer is to prepare[he Plans in accordance with District Speciflcadons,[he Developer shall nevertheless pay,at th¢time o£making application to the District,rite fee provided for in 3(aj above as a partial payment of the expenses associated with preparing the Spreiticetions,and review and approval of the Pions by the District Engineer and the District. Should said expenses for review and inspection be in excess oFthe initial payment paid by the Developer,the difference shall be paid by the Developer to the District before proceeding with construction. BWDI-3 �x �- 14- T3 2 3/i-1 Z p W t S [ C tl Ch (SCCI. Service Connection Charges shall be paid by owners of such real property seeking connection to,or increased water sarviw(such as a new service or change in sarviee)from,the District's water system payable prior to the commencement of construction of the extension as Follows based on meter siu: 1. s/axe/a» $ z,aso.00 � z 1" $ 2,7ss.00 4. 2" $ 3,980.00 d_ S t D��Ch (SDCI. System Development Charges sfiall ba pajd by owners onnccting property to an extsttng water[vain,unless the owner installed the main,has already paidits pro rate share£or suck main,or is required to pay a reimbursement charges. These are payable by the Owner/Developer to the District prior to the commencement oFthe construction o£tha extension Improvements as follows: A non-refundable System Development Pee shell ba charged For ALL NEW Main connections to the Belfair Water District#1 system. The System Development Fee shall be used by the District io make improvements to<he souroe,supply and distribution and transmission facilities o£the Water System to the benefit of the Districts ratepayers. The System Development Fae shell be as f stows: q" Main Connection $27,030.00 g" Main Connection $30,600.00 10'• Main Connection $32,640.00 12" Main Connection $34,680.00 t D I t B Ch P R -d t' t C ivslent*$2950,Q The System Development Fea shall be two tiered. The amount of the{ea shall be determined in accordance with the location of[ha new connection.The above System Development Fee shall apply to all new connections in Pressure Znne it(470)as well as ell new connections in Pressure Zone I(272). For new connections in PresBure Zone I(272),properties which paid and can be varjPed as paid an assessment{or iheoriginal Y7.L.LD.chat established Belfair Water District#1 shad redeive a credit£or the amount paid under the original property assessment from the System Development Fee. *For the Purpose of detatm[ning the total System Devclopmanq[he basis for the charge shall be a 5/8•'x3/4"meter equivalent. The{ollowing System Development charges sfiall apply,based on maser siu: 5/Sx3/4'• Meter $2,950.00 l„ Meter $7,040.00 t 1/2" Meter $13,770.00 gWDI-G X 14 t3 z`i/4 2 2^ Meter $21,825.00 f. The expense of preparing or approving ptans and specif(cations requiring special detail work by the District Engineer,such as for pump stations and pressure reducing stations,shall be paid by the Developer to the Districq on demand,on the basis ofthe cost of time and materials plus 15 percent for District administration and overhead. g. If for any reason the district would be required to participate in staking the minimmn fee for such staking shell be$500.00. The additional staking fee will be$2.00 per lineal Foot of line end rite minimum}'ce shall ba$500.00 which would cover the first 250' lineal tees The cost per foot for staking,as staled herein,is for horizontal layout only. Additional trips to the job site as may be required due to lack of site control,planning or the phasing of Feld work or as requested by the Developer shall be subject m an additional fee of$75.00/hr.per employee,per trip. Unless nn emergency sltaodon demands!mm¢rgam attenOon,t/te District wI1I mesh¢¢very¢fJort to Lrfornr the Developer ar Ihelr agent In charge before charg/ng the addltlonalj¢. A minimmn of 48 hours' notices shall be given the District prior to work commencing on site,and any work involving the water system and requiring the District inspector on site to witness the work. h. if additional inspections are required due to changes and situations beyond the control of the District,or after hours overtime inspections must occur that were not discussed end planned or the amount of inspectons required exceed the collected inspection fees of$2.00/lineal ft. assessed the applicant shall pay to[he District the sum of$480.00 For each inspector day,,based on the rate of$60.00 per hour for those working hours between 7:30 a.m. and 4:00 p.m.,Monday through Friday. An inspector day shall be each day or a pert thereof during which an inspector shall be reasonably required to be present at the site to provide proper inspection and testing of the work;provided,that the minimum fee£or an inspector day shall ba$240-00 based on a minimum rate of four hours. Inspection time incurred before 9:30 s.m. or after 4:00 p.m.,or at any time on Saturdays and Sundays,shell be paid for by the applicant at[he rate of$80.00 per hour. The D)strlct tvlll make¢very effort[a inform the Developer or theft ug¢n!!n charge before charg/ng Ibe additfmmlfe¢. The District may stop the work until agreement is made on the additional fee or an alternate an�angement is reached that would not require an additimtal fee. Any assessment of additional fens will be presented prior to work commencing and diseetssed as well as provided in written fmmnt before proceeding end charges accruing. i. The foregoing foes are not intended to include allowance far any unusual costs incurretl by the District on account of property surveys,changes in design,necessary construction engineering, permits,environmental work,easement work,comment preparation,project coordination,errors, or omissions by the Developer,his contractor or agents,unusual negotiations,legal expenses recurred beyond the expense of normal review of documents,and/or any other project related costs. Tile District will bill the Developer for any such unusual costs,fees,and expenses,and the same shall he paid promptly and in full by the Developer[o the District. j. if the District is required to review any land use application or other review outside o£the proposed water system to be tleveloped,a non-rofLndable fee of$500.00 shel I be paid et the time of making application to the District if the Development is a subdivision, short plat,or other land uses development application to Meson County. The Fee shall be paid for the District's and its consultants'preliminary review o{such land use or other application. k. The Developer shall pay all reimbursement clterges owing es a condition of final acceptance of the extension improvement. Reimbursement charges shell be owing for: BWDI-7 �x a �(� � zsi4Z I I 1. Any existing reimbursement agreement with the District applicable to Ocveloper's extansion/reai property;or I 2. Any reimbursement agreemnn<in force and effect apphcablc to Developer's extension/real property at the time of the District's final acceptance of Developer's extension. q_ p t' f pl b D ! 's Enaine-er. The Developer may haves its own engineer prepare the Design and Plana£or the extension according to Distriot Standards and Specificatons or have the District Engineer prepare the Design and Pions and reimburse the District for the coatthereof according to this A gee gmant. IF the Developer elects to have its own engineer prepare the Design and Plans,then the followin re rementa shell apply: a. peveloper's Engineer shall prepare and submit to the District Engineer a preliminary design and Plan£or review by the Dls[nct. Th¢District shall have the right to require changes in<he preliminary design and Plan as may be deemed necessary. All Designs and Piano prepared by Developer's Engineer shall be prepared in accordance with the District's Detail Standards and Specifications for Design. b. Developer's Engineer shall prepare a Draft Plan and submit two(2)copies of the this Plnn to the District Tit¢District and the District contracted Engineer shalt then review wpiea ofthe draF plan. District shall have the right to require such changers to the draft Plan as may be deemed necessary. c. Upon completion of all required changes to the draft plan,iF any are required: The Developers Engineer will submit(3)three copies o£the amended plan Co the District for Final review. If the review finds the amended plan fo be in accordance wish the Districts requested changes and amendments to the draft plat;the District will mark<ha plans approved and[his bec'omea the Final plan set,one copy of the approved plans will be returned to the Developers Engineer for their use. d. The Deneral manager will pKesent the Developers Extension Agreement to the District's board pf Commissioners with the final Plan for approval at tho next available regularly scheduled Board meeting. The District Board of Commissioners shall leave the right to approve,reject,o�require changes to the Developers Extension Agreement and the final Plan as may be deemed necessary in its sole discretion, e. Upon approval o£the final Plan by the District Board of Commissioners,tfie District shall than indicate approval of the Developers Extension Agreement and the Plan on the original documents submitted end shall become the property of the District in accofdance with Paragraph WS-6 of this agreement. £ Upon receipt of the Pinel Plan drawings,and acceptance by the District Board o{Commissioners, the District will secure such permits and approvals for the Final Plan as may be necessary. Should changes to the Plan b¢required to receive such permits and approvals,Developer's Engineer shall make all changes as required at<he Developer's sole cost and expeme. g. After receiving such permits and approvals oftha Final Plans as may be necessary,the District will then compleCe[he Developer Extension checklist form which estimates the cpoH;ofy construction for iha extension and fee calculations£or purposes o£tha£ees to be d b the Developer,and the bonds to be posted by the Developer;all in accordance with this Agreement. Tha District will prepare antl submit[o the Developer invoices for all costs owing. Such invoices shag be paid in f111 by the Developer to the District before construction of the worWextenslon improvement commences. BWpI-8 �x #k �4 e3, z� /v--z h. Tile Developer will schedule apre-construction meeting with the District and sIl entities involvetl prior[o the work commencing on the extension project,[o set up schedules and timelines for the work progression as well as address any concerns that may arise from said meeting. Any agreed upon changes to the Final Plans will be noted and changes matle by the Developers Engineer and i amended plans sent to the Distdet and all involved with notations made£or any such changes. 5. Performance Guarantee. �� The Developer shall furnish to the District prior[o the preconstruction conference a performance guarantee of a type and in a form as determined by the District,in its sole discretion, in an amount equal to the Engineer of Record for the projects estimated cost of the extension or contractor bid price. The performance guarantee shall require completion of all work within a period of two years;(24)mondts from the date of the Agreement with the DisL'ict in accordance with the Agreement,the Plans and Specifications and other requirements of[he District The District will require a payment bond of a type and in a form as determined by the Distrct end es is standard practice for special purpose districts within Washington State requiring the payment by the Developer of all persons furnishing labor and materials in connection with the work performed under the Agreement and shall hold the District harmless from any claims therefrom. Ail payment bond required by the District shall be provided to the District prior to the preconstruction conference or immediately following commencement of work as a condition of the District granting final acceptance of the work ref rented herein. No third person or party shall have nny rights under any perFormance or payment guarantee the District may require from the Developer antl such are provided entirely for the benefit of the District and the Developer end their successors in interest. 6. FI l A t C dtti P d t. Compliance with all terms and conditions oFibis Agreemenq the Plans and Specifications prepared hereunder and other District requirements shall be a condition precedent to[he District's obligation to accept the bill of sale end easements[o the extension improvements and to the District's Agreement to maintain and operate the extension improvements and to provide water service to the real property that is described in this Agreement. The District shall no[be required to allow any connection to the District water system of any portion of the reel property described in this Agreement i£there a'e any fees or costs unpaid to the District under this Agrnemcnt or there are other fees or charges owing the District by the Developer pursuant to other District rrequirements. The District shell not be obligated to provide water service to the property described in this Agreement if construction by fhirA parties of Facilities to be conveyed to the District has not been completed and title accepted by the District if such third-party facilities are necessary to provide water service[o the property described in this Agreement. The District will accept title to the extension improvements at such time as all work on the extension I improvements has been completed,any damage to said extension improvements which may exist has been repaired,antl[Ile District has made final inspection and given its approval to the extension improvements as having been completed in accordance with this Agreement,the Plans end Specifications end other requirements of the District. Such acceptance by the District shall not relieve the Developer of the obligation to correct defects in labor and/or materials as herein provided and/or the obligations set forth in applicable paragraphs hereoF. After acceptance of the extension improvements by the District and the transferring of title to such extension improvements as se[forth herein,the Developer shall furnish to the District a cash only maintenance bond which shall continue in foroe from the date of acceptance of said extension£or a period of two years. The bond shall be in a Form as contained herein antl shall require the Developer to correct the de{acts in labor BWDI-9 �x �* ►y- 13, z �� 4 -z and materials which arise in said system for a period o£two vcara(24 months)from the date of acceptance of the'system and transfer of title to the District. Tha cash maintenance bond shall be in an amount equal to ten(10)percent o£the cost of said extension,but not lass than two thousand dollars ($2,000.00). Prior to rite release of such cash maintenance bond,the Developer shall be required to repair or replace,or otherwise remedy any defects indicated on the Districts Inspection punch list to the extension improvements a[Developer's sole cos[and expense,and to contirm that such improvements are free ftmn defects in labor and materials. Any defects in labor or materials noted by the District on reinspection shall be repaired and corrected before the release oFihe bond. 7. Procedure for Acceptance. Acceptance of title fo the extension improvements will be made by motion o£the Board o£ Commissioners o£tha District Prior fo such acceptance,an executed Bill of Sale o£the extension improvements in a Fonn approved by the District and containing the warranties required by this Agreement shall be executed by the Developer end any additional owners end delivered to the District. 9_ W ti of h D 1 Tito Bill o£Sale to ba provided by the Developer to the District shall contain the following warranties with the District as beneficiary: a. The Developer is the owner of the extension improvements,the same are free and clear of all encumbrances and the Developer has good right and authority to trans{er title thereto to the District and will defend th0 title of the District against the claims of all third parties claiming to own the same or claiming any interest therein or encumbrance thereon;and b. Tha extension'improvements are In proper working oondhion,ordeq and repair,and are adequate and£<for xhe intended purpose of use as a water system end as an integral part of the water supply and distribution system of the District;and a. For a period of two(2)years from the date o£Fnal acceptance of the extension improvements by the District,the extension improvements and all parts thereof shall remain in proper working condition,oMcr and repair;and the Developer shall repair or replace,at its solo cost and expense, arty work or material which may prove to be defective during[he period of the warranty. In addition,the Developer shall obtain written warranties and guaranties from its contractor end/or suppliers where such warranties or guaranties are specifically required in this Agreement When corrections of defects occurring witbin the warranty period era made,the Developer shall {r[Irer warrant corrected work£or one(1)year aRer acceptance oFtha corrected work by the District. 9. Affect oPAcceotanc¢. Acceptance by District shell cause She extension improvements to be subject to the control,use.and operation o£the District and all regulations and conditions oFservice and service charges as the District determ inea to be reasonable and proper. 10. Phased Conatructiou. The extension improvements may be constructed in phases with prior Board approval as condi[ionetl and as specifically designated in the Plmss and$peciflcations. Acceptance may also be on a phased basis when all requirements have been met. There will be no conditional acceptance or acceptance far use and operation. 1]. C ti fD f t 0 Withi W tvP l d. When defects in the extension improvements are discovered within Lie wananty period,the Developer shall star[work to remedy any such defects within seven('])days of notice by the District and shall BWDl-10 `�-X# ��i3 2' � /4 2 � I I complete such work within a reasonable time. In emergencies,where damages tray result from delay end where loss of service may result,corrections may ba made by the District upon discovery,in which case the cost thereo£shail be borne by the Developer. In the event the Developer does not commence antl/or accomplish corrections within the time specified,the work may be accomplished by the District at its option,and the cost thereof shall be paid by the Doveloper. Tha Developer shall be responsible for mty expenses incurred by ahe District resulting fYom defects in Developer's work, including actual damages,costs of materials end labor expended by the District in making repairs and the wst of engineering,inspection and supervision by the District or the District Engineer. 12. Li it i f P 1 d f A to The extension improvements shell be completed and accepted within two years of the date of this Agreement. IF the extension is no[completed and accepted within the two-year period,Shen this Agreement antl all of Developer's rights herein shall terminate and cease. No extension of fhe time completion of the Agreement shall be allowed for any causes or reason,without the District's Board of Commissioners specific approval,including,but no[limited to,adverse weather conditions or other reason beyond the control of Developer. Any extension to this agreement will fur a specific time frame es requested by the Developer in writing with the reasons for requesting She extension as well es clearly detin ing an amount of time in months to complete the work. In the event the Agreement terminates,and no extension is requested or granted,the Developer shall be required[o make a new application for extension agreement to[he Dish�ict. Any such new agreement enteretl into between[he District and the Developer pursuant to a t[ew application shall be subject to any new or amended resolutions,policies,and fees which have taken effect since the execution of the terminated agreement. Ail conditions are subject to change. 13. Warravty of Authority. The Developer and any additional owners warrant that they are the owners of the real property described in this Agreement and have the power and authority to sign and carry out rite purposes of this Agreement. The Developer shall also upon request provitle a title report and duly authorized and adoptetl resolution of the Developer's business entity to the District estabiishing that the parties executing this Agreement are the owners of all the real property to be served by the extension improvements described herein. 14. R t d Cb The real property described in this Agreement shall be subject to all rates end charges established by the Districq including such increases as may occur from time to time. 15. S bl tti d S b [ ti The Developer is fully responsible For rite acts and omissions of its contractors and persons employed, directly or indirectly,by its contractors,as well as the acts and omissions of persons tlirectly or indirectly employed or retained by the Developer. 16. N A i t W/[h t Di trier Avnrovel. Developer's rights and responsibilities arising out of this Agreement are not assignable or transferable unless District consent is obtained,as conditioned by the District,prior[o any proposed assignment. Written documents,an"Assignment and Assumption of Developer Extension Agreemenf:'as required by the District of any District approved assignment,shall be filed with the District by the Developer at the Hme of any assignment. swD[a I �X 14 (3 zyi4Z 19. T h i I D t 'I d 5 iti H Refer to"Parts Two,Three,Pour,and Five£or Technical Speci£acations"£or Materials,Construction, Standard Da[ails Specifications,and Detail Standards for Design completed by Engineers which are attached hereto and made a part o£tltis Agreement. BWDI-12 �'x 1� 1413 30/�tZ ACCEPTANCE OF THIS APPLICATION,BY THE DISTRICT CONSTITUTES A CONTRACT WITH THE APPLICANT,THE TERMS OF V✓H1Cti ARE EACH PA[ZAGRAPH OF TH15 AGREEMENT, THE DISTRICT'S MATERIALS,CONSTRUCTION,AND STANDAR>5`DETAYLS SPECIFICATIONS SHEETS,THE EXTENSION IMPROVEMENT PLANS AND DESIGN APPROVED BY THE DISTRICT BOARD OF COMMISSIONERS,AND ALL OTHER APPLICABLE DISTRICT REGULATIONS AND WASHINOTON LAW.INCLUDING CHAPTER 57.22 RC W. DEVELOPER, a�corporation, a�paHnership, a�joint venture, a Q limited IiabilltY company, a 0 sole proprietorship. NOTE: 1. If the Developer is a corporation,this Agreement must be executed by its duly authorized representative and the Developer hereby warrants same. A Corporate Resolution authorizing[he representative to sign the Agreement must be provided. 2. If the Developer is a partnership,et least one of the gcnerel partners must sign this Agreement and indicate his/her/its capacity es such. A Partnership Resolution authm'izing the representative to sign the Agreement must be provided. 3. If the Developer is a limited liability company,this Agreement must be executed by its duly authorized manager. A Resolution of the LLC authorizing the representative to sign[he Agreement ust be provided. g�, `�� �� �,ys y�.JG-�[�-- (PrinVtype name) Its A✓7y�'Xr�✓�S� {�+-'� (Print/tYPe office/title) STATE OF WASHINGTON ) ss. COUNTY OF IvtYCSa]P�9 ) I cer[ity that 1 know or have satisfactory evidence that( ���� ��C��-� is Hte person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was au[ orized to execute the instrument,and acknowled ed it as the ptt.{-h �1 /'�1- (tiH¢or pos9tion)of l t..,...+.r� _�LLL�(name of corporation) to be the free and vo ntary act of such corporation for the uses and purposes mentioned in the instrument `,`„"N.W III���' Dated a a -i a- a -��OfP_.W�alrn qa��,��= V7 lA ��1� ccYY'' AcYN^� wsYl R �_� PU q � 2� (rn Nn O- Notary Public in and For the State of Washington %�T per`? i�'FOF.�: ��` My appointment expires: a-a�a�J ���4erWA3����� BWDI-13 2�1 i-t �3 31 /4 Z I THE FOREf30ING APPLICATION of QLYAJ�IG fZ d7! is accepted this TT�6 � f —7 Iv ,20J�. BEL�FA�I /� }R� 1CTNO. 1 By �/ t/$i �' see.a 0 Sec of tha Boats ' � ..- �•- a i'.,, C � _ � w . I v�.4l Ycp { ,tip . . �. .. '• ���"'Z e1n ..'8 .. v�F w ,r <.: BWOl44 R«oraing Regaestca Ry Ana wnan R«oraea Man ro: Belf'nir Watcr DiStricl Na.1 22451 SR 3 P.O.Box 563 6d fair,Wasninblan 9R528 DOCUMENT TITLE: dlLL OF SALE FOX IVATSR LlNGS REFERENCE NUMBER OF RELATED DOCUMENT: No/App/fca(a/e GRANTOR(3): ADDITIONAL GRANTORS ON PAGE OF DOCUMENT GRANTEE(S): RELPAIR WATLR DISTRICT NO, I ADDITIONAL GRANTEES ON PAGE OF DOCUMENT ABBREVIATED LEGAL DESCRIPTION: SEE E%HIBITA ASSE330R'3 TAX/PARCEL NUMBER(S): 12328290DOOO.123282100000 IL S LE WATER E E O P OVEMENTS THE[)NDERSIGNEO hereby conveys and transfers to Belfair Water District No. i ("District')the Following described property: � � RIs+ I nnorh SEE EXHIBIT B This conveyance is made in consideration of the District's agreement to provide routine maintenance of such extension improvements and to provide water service pursuant to the District's regulations which may be amended from time to time. The undersigned end it's successors and assigns covenants that i[is[he owner of such ax[ension improvements and has good HghL title,and authority to sell and convey the same and that it will,and does,hereby warrant and agree to deFend the sale of such extension improvements to the District, its successors,and assigns,against a0 and every person or persons whomsoever lawfully claiming or[o claim the same. The undersigned further guaran[acs that such extension im provunents are fit for purposes intended, i.e.,as for use es a water distribution system including distribution and supply lines adequate for the service intended and has been constructed in accordance with the contlilions end standards of the District. BWDC-BWOI �x 1L+Y3 33/�2 The undersigned covenants and agrees with the Dislri ct to replace,repaiy and correct any defect in work or materials in respect to such eMension improvements to this Bill of Sale arising during a period of two(2)years from date hereof,without cost to the District. THE DEVELOPE'R1: ///'� � L. BY �� •1Ti� W"e� F�')Cc.aL lc� Its �..+-ttnvt+Ks'\ .Mti 'r STATE OF WASHINGTON ) ss. COUNTY OF-PRlif�9PN Kj n�) 1 I certify that 1 know or have san sfac[ory evidence thatVQ��DI l ��� signed this instrument and acknowledged it to be his/her£ree and voluntary act foe'the uses and purposes mentioned in the ins[rumetrt. ``��\\ft.sr)IIIi��� `� NN W i� DATED: I Z'IZ'ZZ � O/{{,yyy���rr��t�L.���Q'S�i= Signed Na---. -t N l�l J A �y NOTi1gY� � Prin[edN -p'rt�f� V1 = -� Pll9yp OZ� Notary Public in and for the State of^Was ington i9�� '� �� Commission Expires: a1�'�'-✓ pF-NO. O` .........- ��a`�� �iii WASN,���� STATE OF t,Vf�H�MtITON ) ss. COUNTY OF MASON ) I certify that 1 lutow or have satisfactory ev[dence that signed this instrument on oath stated[bat he/she was authorized to execute the instrument and acknowledged i[as the of [o be the free and voluntary ac[of such parry for the uses end purposes mentioned in[he instrument. DATED: Signed Name• Printed Name- Notary Public in and for the State of Washington Commission Expires: B WDC-BWDl �z� �- 1413 3�}/�I Z it E%HIBIT A REAL PROPE RTV LEGAL OESCRI PTION (TPN 12328-24-000001 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST gUARTER OF SECTION 28, TOWNSHIP 23-NORTH,RANGE 1 WEST,W.M.,MASON COU NTV,WASHINGTON,LYING WESTERLY OF THE US NAVY YARD RAILROAD RIGHT-OF-WAY, EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND LOCATED IN SAID SECTION 28: BEGINNING AT THE NORTHEAST CORNER OF BELFAIR STATION,AS SHOWN ON THE PLAT THEREOF,RECORDED UNDER AFN 622263 IN VOLUME 10 OF PLATS AT PAGES 143,RECORDS OF MASON COUNTY,WASHINGTON; THENCE SOUTH 89'07'O3"EAST,ALONG THE PROLONGATION EASTERLY OF THE NORTH LINE OF SAID PLAT OF BELFAIR STATION,6EING A150 THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28,A DISTANCE OF 367.32 FEET TO THE WESTERLY MARGIN OF A PRIVATE ROAD; THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING COURSES:SOUTH 19'00'30"WEST, 433.10 FEET;SOUTH 70'S9'30" EAST,25.00 FEET;SOUTH 19'00'30"WEST,426-20 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHWESTERLY,CONTINUING ALONG SAID WESTERLY MARGIN,AND ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 35'04'12"A DISTANCE OF 116.30 FEET; THENCE GONTIN UING ALONG SAID WESTERLY MARGIN,SOUTH 54'04'42"WEST, SO.SO FEET TO THE EAST LINE OF AFORESAID PLAT OF BELFAIR STATION,BEING A150 THE WESTERLY LINE OF SAID SOUTHEAST gUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 00'49'26" EAST,ALONG SAID EASTERLY LINE,995.Z3 FEET TO THE POINT OF BEGINNING. SAID LAND BEING ALSO KNOWN AND DESCRIBED AS THE RESULTING PARCEL 1 OF BOUNDARY LINE ADJUSTMENT NO.00-35,RECORDED JULV 17,2000,AUDITOR'S FILE NO. 1714660. (TPN 12325-21-000001 AlL THAT PORTION OF THE NORTHEAST 4UARTER OF THE NORTHWEST gUARTER OF SECTION 28, TOWNSHIP 23 NORTH,RANGE 1 WEST,W.M., MASON COUNTY,WASHINGTON, LYING WESTERLY OF THE US NAVY YARD RAILROAD RIGHT-OF-WAY AND LYING EASTERLY OF STATE ROUTE 3. A �X #� 14�3 3s/!+Z EXHIBIT B Olympic Ridge Water System 8"U.I.P.CL 92 3633 LF $35.66 $129,616.45 6"O.LP.CL 52 618 LF $21.69 $11,162.90 e"Gate Valy¢(FLxMJ) 20 EACH $998.19 $19,963.80 6"Gate Valve(FLxMJ) 10 EACH $638J9 $6,38].90 2"Gate Valve 6 EACH $305J3 $1,626.66 2"Blowoff 3 EACH $432.]5 $1,298.26 2"Air/Vac 2 EACH $1,049.64 $2,099.28 Hytl rants SO EACH $3,328.84 $33,288.40 1"Poly Pipe 2000 LF $1.36 $2,]20.00 2"Poly PI a 60 LF $6.46 $2]2.50 Meter Setters 146 EACH $20].60 $30,]24.80 Total $238,962.83 cX # t413 36/ l}Z MAIL TO: BELFAIR WATER DISTRICT eons No.:so»s55i Attn: General Manager 22451 E State Route 3 Belfair, WA 98528 MAINTENANCE BOND I. BOND AMOUNT ' yye �an..a.wortnwa.�.�c � a oamw.re ("Principal"), and T*e co^�'^a^'e'�^""'^aa cempanr a surety Insurer registered in the State of Washington ("Surety"), hereby obligate ourselves, our successors and assigns, jointly and severally, to Belfair Water �Istri ct No. 1, ("District^), the sum of 9 �s,soo.00 The Principal and Surety agree to obligate themselves to the District In the listed amount because the Principal is obligated to maintain the construction pro]ect i ("Im Drovements"), which Is referenced above and more completely described In approved plans on file with the District and In the Engineer's Cost Estimate. II. GENERAL MAINTENANCE CONDITIONS A. Principal agrees that 100^/0 of th¢ sum indicated in Section I shall be retainetl as a guarantee against potential costs to the District related to defective materials or workmanship or to ensure performance of other maintenance required by the Improvements Fora period of two (2) years from the date of final construction approval by the district. 6. All malntena nce work shall comply with all applicable local, state, and federal laws, permits, and regulations. The improvements and their appurtenances shall be maintained in accordance with the approved plans. C. Principal agrees to properly maintain the Improvements until the bond is released In writing by the district. III O. Principal agrees to promptly correct any deflctencies in construction and/or make any emergency repairs requested by the District during the it two year periotl. �x *1 l4- 13 3 7/4-2 E. Principal agrees to promptly reimburse the District for any emergency repaf rs pertormed by the District or Its agents. F. Any work completed under this Maintenance Bond may, at the District's sole discretion, commence a new two (2) year maintenance period for that work; the new two (2) year maintenance period will commence once that worK is accepted by the District. If a new two (2) year maintenance period is commenced, the District may release, in Its sole discretion, a portion of the sum secured by this Bond. II. TERM OF BOND — GENERALLY The bond shall remain in force until released in writing by the Distrito. IV. WHEN ADDITIONAL BOND FUNDS REQUIRED The City may require the Principal to post additional bond funds if the District demonstrates that a change in conditions or circumstances makes additional security necessary to guarantee performance by the Principal. V. OISTRYCT SHALL DETERMINE SATISFACTORY PERF®Is84vdANCE The District shall determine whether Principal has satisfactorily pertormed as required. Upon District's determination that Principal has failed to satisfactorily pertorm, Principal shall be In default and the Surety's obligations under this bond shall immediately accrue; provided, however, that nothing In this section shall prohibit Surety from subsequently bringing an action to seek repayment from the District for wrongly determining Principal's unsatisfactory pertorm ante. VI. NON-PERFORMANCE If the Principal defaults and does not satisfactorily pertorm the above conditions, � then the Surety shall, within thirty (30) days of demand by the District, make a written commitment to the District that, at the Dfstri ct's sole tliscretfon, the Surety will either: A. Remedy the default Itself with reasonable diligence pursuant to a time schedule acceptable to the District; or B. Tender to the District within an additional flue (5) business days the amount reasonably necessary, as determined by the District, for the District to remedy the default, up to the total amount of the bond. Should the District elect this option, then upon completion of the worK and acceptance of the worK by the District, the District shall, after acceptance of any warranty, maintenance, monitoring, or other permit requirements, return any excess funds to the Surety. �1C � ) 4- 13 3FS /4-2 VII. ]I AD�IIS®ICTION AND VENUE If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance under this bond, the exclusive means of resolving that dispute, difference, or clatm shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. VIII. ATTORNEY FEES In any claim or lawsuit arising From the parties' performance under this bond, each party shall pay its own legal costs and attorney fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law. This bond will talcs effect on the data last entered below. Lonna,NortMvast,LLC,a Onlawa,a TM1a Ca�nyi'entel ins cn o anY PRINCIPAL��b11kt��v SURETY(.�//JJ/�� an �Gs-�-- Signature Cate \z� \\-z--��Zo[2 Stg nature ��a�te__ o/aaamnar e.zozz Print Name: a� Nti eKlt Print N AttomOy-InM-F9ot nGOeda Title: '� 4-== - 'a/t+^"� Title: Address: 3s�{cc Gt'++ .N� S_ AQ Address: ist NFrenknn stsat CItY: State: Zip: P'4� �./h �_ 4P•� City: State: Zip: cnlr�oo.asaeoe Telephone:Pti ' �4' 4 f4• Telephone: es�zi azz-s000 NOTE: To be considered complete, both the Principal and Surety (banK or len tler) must sign this bond and the Surety must notarize Its signature and attach a copy of its power of attorney. it I �X � 1y- f3 3�i�i-Z •SEE ATTACHED SEPARATE SURETY NOTARY ACKNOWLEDGMENT SURETX ACKNOWLEDGMENT i STATE OF WASHIN GTION) ss. COUNTY OF KING ) ' I her by ce ify that L know or have satisfactory evidence that ,�-3-R�.� .�},��C,p� �� is the person who appeared before me, and Bald person acknowledged that he/she signed this instrument, on oath stated t}�at he/she is au orized-tq,�yecute the instL�ment on beh f�f [name q��ntity:7 ].SAlr�0.�T�Of �^ sits Ctitle:] ,�f+CC�{�! O�}"d?+LYarc�.F'l0�►�l/� �� and such execution to be the free and voluntary act of such party for the uses a�cdJ purposes mentioned in the foregoing Instrument. WITNESS my hand and official seal hereto affixed ,o�voit�tti��� the d�and year first a ove written. _`���aNW R�HT%,' �� �� ' _ _ �� ae NOTARY PUBLIC, i�i"'OF WP a����` in and for th Cate of W��shir2gton �er���a�a residing at: �G My appol ntment expires: � x 14 13 i-a-�i/+ z � state or Texas county of Harris On ��l�Q��p��2})�afora ma, Made Arzamendi,Notary Public GATE - NAME.TrtIE OF OFFICER-E.G..•.MNE DOE.NOTARY PUBLIC' personally appeared Mary Ann Garcia NAME(a)OF 516NER(a) L� personally known to ma-OR- �, proved to me on lha basis of satiafectory evidence to be the paraon(s) whose namB(s) is/ara subscribetl to the within inslromant and acknowledged to me that ha/she/Ihey executed the same in his/her/[heb authorized capacity(ias), and that by his/her/their signatura(s)on the Instrument[ha paraon(s).or the entity upon behalf of which the persons) acted, exewlad the Instrument. �,`,`,.'.r/ MARIO ARZAM ENDI 3F:��LL_�Tni Notary Public.Stale of Taxes ?'4'aR,'..' Comm.Explrea 09-24-202a WITNESS my hand and Official 8aa� "'•::���� Nmary lD 13a343360 y //� �-� _ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable tG parsons ralyln9 on the document ana coultl prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCVMENT TfTLE(5) PARTNERS) a LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEES) GVAROIAN/CONSERVATOR NUMBER OF PAGES OTHER: STONER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERBON{B)OR ENTITY(IEa) SIGNERS)OTHER THAN NAMED ABOVE �x�► ��t ra (-F 1 /4 Z POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men Ry Theaa Presnnb,TTet Thv Continental Inaurnnce Compsny,s Pennsylvania inaumnu company.is a duly organi¢cd and uxiating mpany M1naing its principal off co in the City oFChicago,end Sm[e of Illinois,end that it does by ulnae oftbo eignamre and seal herein aAixctl bercby makq connimte anA appoint Ma qnn O mle Individually of HoVaton Taxes its tmo and lawful Atlomey(s)-in-Fact witM1 thll pow antl authority hateby coot ad to sign,seal and exocute far end on its behalf bonds,untlertakisyia and other obligatory irutmments of simper tmmrc r —In UUBmlted Amounts— Surety Aontl Numbnr: 30tydeg'i Principal Lennar Nonhweel.LLC Obliges: Bellnlr Water Oletdet end to bind them thereby ax Arlly and W tfie eantm extant as ifeuofi instruments ware signed by a duly authorized offtccr eFths inaurence company and dl the acts of snitl Attomoy,pursuant to the euNodty M1ereby given is hereby retlHed and eonfirmed. This Pow of Attorney is mado end axwcuted purauanl to and by authority ofthe By-Law and Rswlutions,primed on tM1s reverse IwrsoC duly adoptal,¢s intliceted,by the Board of Oirtetors of the msumncs c mpsny. In WHneu W)rcrsof,9'ha Cominantal lnsumnce Company has caused these presents to be signsd by its Vles Presitlent and ils corporate seal to be hereto etfl x<tl on tfiix 2nd day oEFebmary,2g21. _`tea,t nn'r�f]I-�' The C/nti�mnml Insurance Company s ...err Paul T.Brurtnt ice Presidcnl Smtc of SoutM1 Oakote,County of MinneM1ahe,as: On This 2nd day of Pcbmnry,2g21,before me personally came Paul T.Bmflat to me known,who,being by ma duly awom,did depose and say: tM1at M1c maidea in Ibs City ol'3ioux Pvllx,Slats of South TJakala;that he is p Vice President of"fba Contincnlvl Insuranm Company,¢Psnnaylvanin imu nee vntrunmentd eeudt wig and which executed the above inslmmcnG that M1e Imowx the Y Rts Board of Dirccmrs ofse tl��stt turanece a�mlgxed to the saitl re poretc seal;that it was so afrxetl pars am to authority giv n b pony and that he signetl his nnms tM1erslo pnrxuanl to like authority,and acknowletlgca nnms to bs tM1c net eatl tined of sold ineumnca c mpany. ♦w YY.. a.... ' �M�BENT % � a/J � ��SOU�gNOTwnY PUBLIC !;/J.[i.�_y`//�c-� TH pAKOTw�, i...-..4.4...w..a..............i My Cormnisaion Bxpims March 2,2026 M.B t N terry Public CERTIFICATE I.D.lvhnaon.Asaisl¢nt 3ecmtazy of The Canfinenlal lnsumnce Company,a Pemsylva mpany,do hereby e<rtiiy ll+n[Ne Power of Allarnsy herein abnva set IbnM1 is still in f tee,and Nrther rertify tM1at the Hy-Law and Resolutionsof tbasBoard aF Uiraclom of the inaur'nnca company printed on tM1e rcvarsa hereof is still in fixes. In tastimorry whereof I have hereunto aubacribod my Hama and affixed the seal of[he said insurence company lhia 8 day of December 2022 _.���,��.y7Ty.� The Continenlel Insurance Company II �:�O D.lolwson Assistant Secretary roan Y6b50.L3p]l '� �'� �x �- 14 )3 �} 2 �.Z - Authorizing By-Laws Hnd R¢soluhona witOPTEO HV TNH HOAROOP OIHECTORS OF TNH CONTMHNTAL INSURANCR COMPANY: Thie Pow oPAttomry is made end executed purouant b xnd by authority oP[ho following By-Law duly adopted by the Board olDiractora o£ i the Company at a meetiag field on May 1 O.1995. ••RBSOLVHD: Thar any Group Vice Proaidont may autfioriu an offimr[o aian soeniRe documents.esxeements and inatmmanta ov�e�^rr a£tbo Compenv rovtded that the name vlauch authorized ofi4cer end a vesaioaon or me aocumente. area ens or rva ___. olYce may eign will ba provitled in writing by the Gmup Vica President to the Secratnry of the Company prior ro such axecvuat. becoming etfutive. This Power ofAtbmry is signed by Paul T.Bmflaq Vice Presideny who has been avlhoria�d puravant m thv above resolution m oxecvtion power oP attorney.on behalf ofThe Cavhvenml Insumvice Company. s Powa ofAnomry is signed and sealed by Tecsimila under and Ey[ho suthority of Na fallowing Resolution adopted by the BoaN oPDiredors oP the Compevy by unannvoue written eovamt dated the 25'^day ofApnl,2012. "Whereas,the bylaws oP We Company oc apaciflc roaolsstion olthe Hoard oPDiracbra hoe eudrorized various ofCccm(the"Authorized Office a")to weccute vaious politico,bonds,undertakings and other obligatory irmtmmenta of like neturo;and Whcreea fl'om Lima to tivrq the aigmmre of the Audwdzad OBrcers,in additiov to being provided in original hard copy foima4*nay be movided v a fats milo odrerw n alecironic tbrmM(wlleativaly, "Eledranic Sigristuras•'),Now tperefom be it resolved: that the 6laehonic Signamie olany AvihorizW ORicer aLrall be valid antl binding on the Company." �x � )etc lip I From:Dale Webb<dwebb.bwdCdhcc.net> Sent:Tuesday, October 11,2022 3:13 PM To: 'Steve Golns'<steve.eoins[alenna r.com> Cc: 'James Freeman'<ifreeman.bwtl[ehcc.net>; Gabe Jelllson<' 11' @ 1 t> Subject:RE:Construction meeting onsite et Olympic Rldge Steve, Clrcling back on Olympic Ridge;wanted to ensure we are tracking the various Final Piat condition req ulrements.1 believe that we need a certification from Belfeir Water that the plat install meets state req ulre ments(Co nditfon#8)once the [¢es pr¢void and c.-•nsry 5ulion i., ,Inna� w•. �n•i/I/miner/y uc-refit th¢oroiec[as Hart o/BWO with a two veor ma/n[¢nonce band. That shou/d+ . our ap. ��.,,v WSP acceo[s our standards as being¢aual to or oreater �horR st rite,that the loss are connected co[he water system (Condltlon#11Jour accentanre and resolution of[hot system w0/state that it is ,: .. � •; i�: , and Washington DOH has approved the water distribution system(Condltlon #1�this does not �. ly t��u _r�. . ,ysl r.� '. ��! the He!/oir Wo[er system wh/ch/s an 000roved system. Reach out If you have any questions, and If you could provitle an ETA for these Items that would be appreciated.Thanks. Does this answer or catch us up? 1 believe that you are very close to being done, I sent Gabe all the paperwork for easements and bonding and so forth. Lei me know if you have any questions,glad to help any way possible. �Q� �C�� �anaral Manager 73elfair Water District#7 dwebb_bwdlahcc.net Call 360-801-0119 Of{tce 360-275-3008 From:Steve Gains<steve.eoinsta le Hoar<om> sent:Tuesday,October 11,2022 3:02 PM To: Dale Webb<dwebb.bwdt�hcc net> Gc: 'James Freeman`<freeman bwd[ahcc.net>;•Gabe Jellison'<ie lllsonCAaoexen¢ineerine.net> Subject:RE:Construction meeting onsite at Olympic Ridge 1 forgot to attach the approval, but here you go(conditions start on page Ig). 1_EN NAR NW Steve Golns Land Development Protect Manager Cell:206.4T7.1822 Steve GoinsC�Lennar.com Seattle Dhrision\Federal Way Office 33455 6th Ave.S., Unit 1-B, Federal Way,WA 96003 3 `x � IS ) /Z MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SH ELTON,WASHINGTON 98584 MEMORANDUM DATE: January 4, 2023 TO: Michael MacSe ms,Senior Planner FROM: Mike Collins, PE, Deputy Director/Go unty Engineer SUBJECT: Olympic Ridge—Flnat Plat Approval Road Requirements Mason County Public Works has inspected, reviewed the record drawings and other required submittals necessary for final plat approval and recommends approval. All streets, roads and related Infrastructure are complete to county specifications. As noted on the face of the plat,the streets/roads within the plat are private and not dedicated to the public. Roads and street lighting shall be maintained bV the Olympic Ridge Owners Association. FIr¢Code—Max Grad¢ 1495 Maximum grade Is 11.9%and complies with the fire code and county standards. Emergency Vehicle Access Emergency vehicle access plans have been submitted and coordinated with the Belfair sanitary sewer trunk extension. Full installation is pursuant to the Memorandum of Understanding described in Exhibit #7B). Off-Site Traffic Improvements/Connection to SR3 Off-site traffic mitigation was not required by WSDOT at the intersection of Rid gepoint and SR3, as the additional trips from the development did not reduce intersection performance to a Level of Service (LOS) F. The developer installed a transit bus stop along Creelman Lane which may facilitate trip reduction and impacts to the Ridgepofnt/SR3 intersection. While no mitigation is required for final plat approval, traffic congestion and safety along SR 3 and through Belfair remain a concern and priority for both the County and WSDOT. Fallowing is a brief summary of futu re actions anticipated to improve traffic safety and mobility within Belfair: Construction of the SR3 Freight Corridor is expected to reduce SR3 traffic volume once complete. Page� of 2 �x � IS Z/Z Construction of sidewalks and additional lanes on SR3 from Sweetwater Creek south to the intersection of i SR3 and SR106. Construction of"connectors" between SR3 and the new SR3 Freight Corridor at Romance Hill and Log Yard Road. Construction of intersection and pedestrian improvements throughout as Belfair as described in Exhibit B- 3 and B-3A of Ordinance 2022-013 (SEPA Planned Action Relating to the Belfair SubArea). This ordinance requires the collection of traffic impact fees for Planned Action Project appiica nts based on the number of weekday, PM Peal<hour trips generated. Thank you for the opportunity to review and comment. Please do not hesitate to call (360)427-9670 i Ext. 452 or email if there are any questions or clarification required. li Page 2 of 2 �.x 1 � 1 / 3 Staci Saunders From: Aaron Knight <aaron.knlght�scJellfance.com> Scant: Monday.June 27, 2022 7:33 PM To: Gebe Jellison Gc: kim.brown�scJal Iiance.com Subject: FW: [EXTERNAL] RE: SR 3 Olympic Ridge Residential Subdivision and Olympic Sunset View Apartments Traffic Impact Analysis For completeness, here is the acknowledgement of no further comments from WSDOT headquarters. Aaron Knigh[,PE i nlllcncc Protect Monager o. 263.201.077J,¢xT.293 m.253.366.1H62 w I III From:Severson, Dale<5 DCawsdot.wa.eov> Sent: Monday,Oetober 12,2020 3:09 PM To:Aaron Knight< kni ht[asc"alliance.com>; Bob Jewell(bob.iewell Cascialliance.comJ <b b.'¢well Cdscialliance.com> SubJact:FW: [EXTERNAL] RE:SR 3 Olympic Ridge Residential Subdivision and Olym plc Sunset Vlew Apartments Traffic Impact Analysis FVI � From: Davis,Scott<O S[e d t v> Sent:Monday,Oc[ober 12,2020 2:32 PM To:Severson,Dale 6 ersDra�wsdot.wa.¢ov>; Izawa, Kumiko<IzawaKtawsdot.wa.aov>; Aba rca, Manuel <Ab r aM C�wsdotwa.¢ov> Cc:Perez,Joseph<P ezJ anwsdotwa.eov> SubJact:RE: [EXTERNAL] RE:SR 3 Olympic Ridge Residential Subdivision and Olym ptc Sunset View Apartments Traffic Impact Analysis HI All HO has no further comments SD From:Severson, Dale<Severs DC�wsdot.wa.¢ov> Sent:Monday,October 12,2020 2:07 PM To:Izawa, Kumiko<IzawaKCdwsdoiwa.¢ov>; Aba rca,Manuel<Aba rcaM Ca�wsdot.wa eov>; Davts,Scott <Dav'sS[a:wsd ot.wa.eov> Ce:Perez,Joseph<PerezJ[a�wsdot.wa.¢ov> SubJeet: RE: [EXTERNAL] RE:SR 3 Olympic Ridge Residential Subdivision and Olym plc Sunset View Apartments Traffic Impact Analysis Hey all, 1 �c'X 16 � / 3 Are we now all OK with this TIAT From:Aaron Knight r---^ � .�:.t[ar i III > Sant:Friday,October 9,2020 11:24 AM To:Severson,Dale<SeversDta wstlot.wa.eov>; Izawa,Kumlko<lzawa KCawsdoGwa.¢ov> Cc:Bob Jewell<b b " 11� � i 111 > SubJact:[EXTERNA�7 RE:SR 3 Olympic Ridge Residential Subdivision and Olympic Sunset View Apartments Traffic Impact Analysis WARNING:Thlc small Originated from Outside Of WfiDOT.Please uce putlOn with Ilnkc end ettachmantc. HI Dale and Kumlko, I've attached the updated TIA with requested revisions and revised wncluslon to not Include the turn lane. Would you mind providing a latter for the developer to Include with their SEPA acknowledging that W$DDS has no further comments? Thank you, Aaron Aaron Knight,PE SCJ Alliance ProJert Manager ' o.253.201.0797,ext.293 m.253.366.18G2 i Ill From:Severson, Dale c5 Dm d t ova Sant:Tuesday,October 6,2020 30:52 AM To:Aaron Knight< k i ht@a 11' >;Bob Jewell(b b' IIt� Ili ) <b b' 11(O III > Cc:Abarca,Manuel<AbarcaM®wsdoT_wa.¢ov>; Izawa, Kumlko<bnwaKClDwsdatwa.eov>;Perez,Joseph < zJ[a tl t >;Davis,Scott<DavlsSt�wsdot.wa.¢ov> Sub)act:SR 3 Olympic Ridge Reside ntlal Subdivision and Olympic Sunset Vlew Apartments Traffic Impact Analysis Hi Aaron and Bob, R¢gion Traffic has completed their review of the SR 3 Belfalr Apartments TIA and recommends no improvements to SR Manu¢I wrote"Af / - ' --" -- -- ''�'r'^'a�^^`^^'!"�"nmmrndotlons Jn the T19 3. I n fact, ! '•! !nn ft at NE R/daeoolnt 81`d thot vehlc/es rl 1 Id F f- f t t h v t tl ILh h th f // of 1 h[" And Kumlko had two comments for the TIA. They are shown below. ii Any questions please ask. Thanks Data Savarson� O.E. Oevelapm¢nt Services Eng/Weer- WSOOT O/ymp/c Reg/on �, d t (360) 280-72G6 Ta/owoNr hours aro 6 to 4>30 M-TN d� 2 �,c r v 3 i s ._....._..�. er.nme..e9nea o.u.e wee.u.epbm ev a.a9ta e.9,.ae e9a m9p mma•avrp�rn.e w...ep.,v.a won.n,.wn9a m.�.,..n;.ry+ .....«..n,n..�.. ubuf^nH.V tnfl•ca rcportM i.•bl Roadway SalinYN AnalyrFl ,am.N.paruon elxisH•+.In fLe'+eWr••ee...sw xa e6mmremal tail e.9 mpn+enn..eN6aCwlrao.le2elbsed appn v..nssevunent of engmi crash tl.n mx06 wn a[Nu rOedwry aepmeel Fetacen perlvm.M be.e69n Mn vnN esem[Ixe-vror.wn 9eMw�senuerv� tOn tlpewmOvr ei.AOt9 l .+sheer w.Lan Mnae3xut MN wcec min9ueetlsrntvrveclrom ¢um�ere•pe.n teGw ualuCed lr9m lFe Cen cal iM mv.Hn�ry(mMN bNen pawn by t N. d.eeie a soa a.w, x L..a. , I...u.u..r.w S.�.a pN t....n.r.v «.(.c e.tn� :...>> nrivewq .eletetl oaelrotrrl.arga - ploGsm - -- to'SegTe [;Nal.•d aeshaz.5o �"e"t Mr'rs+�' bamye YN Ym.l pine tlHelp M1e sent9nim M�nae<tae /ate. InNW WM �� naxw - a i Si V rwxp._atl __ _ _ _ ___ ___ _ __ _ _ _ � •�tme.Nd .eSHeponeO aoMea wM1.•m tla xVn ei re MniM1Maa vve.es..ae mt'v••a^e�+vxrbe v.:shvs we.vd�s.r.�e..s.ne.,.rr.N•+•�.r�e.r w n'pa .pert wx+rao m.•v..ran...e.a.mp.>.xa var9N p^ap ebeipxs e SreN�b.ete9le b M[10.3[wneatn Imerevemmu mmpHtW In u.1v iOl i.xiveP swn x49 xaN[w n mrts9 o[tA V seTnenl 6.,3 Roadway Safety Analysis WSDOT has identised a segment of sR 3(MP 26.66-MP 28.23)as a"fresh Analysts Corridor"(CAC) based on a safety analysis performed in 2016. The currant Ewe-year crach(tistory farther roadway sSgmenC does not indudei any serious orfatal crashes.suggesting the safety mndttions of the roadway segment have Improved, With complexion of the proposed Bejjalr Aportmen[s and Sinpf¢-Fomify R¢sldenNol O¢yefepmen4 additional annual overage dolly traffic(AADT)will¢y�lntrodured to the segment, While thFs addlttanal volume may result Fn additional crashes,iR Fs.e t axpe cted to rasa �•-• increased rate of crashes or a change in creak severity. �'.�"""'""'a"" " "r•n 3 Exhibit 17 N/A, See Exhibit 14 �. £�` �_ _ �:� ��- 4._r B "Szr. _. -. ._._. _ ____� 3 �;: _ ..k_.._ -_- - :. __. r: - - - f -i'�� �_ .._. -- - -- i _ d. ____ --�----^-- - .....a .. r�i �g �,,_-t rt� ---C— _ �� t c e. . . .. _ ._ �_, .A. Y _ .rt. ��! 4' � : . �� !:�► ,I, T .Y� r f}'' �� _`� _` _ ��`� �: j _ _ - 2 f� � _- _ i ''y � 'r t,' �, � � i _____ .ar +! C" i�� J t f- 1 /� �� ,ki Y:v _ _ � V� .-._ _ ,�� \..: � �� _ V S ����� �.� V _ r C t�.y _ -. _ . _ . � it �.. I _ / S C �� 1�_. Imo. �. .._ � Y . . .�. .. .. .... _. - _. � _ y �;.'_ ,.,.yat ++'=` �cif �� �x �� _ mi ,iia Cultural Resources ' `� Inadvertent Discovery Plan for the r• - Olympic Ridge Project, ,+ _ ���- " Y "� Mason County, Washington ;'` _r PREPARED FOR Apex Engineering PLLC s i C �� . ...� _. _ � _ �x i�. CY z/� Ff �,c ic'I 6' 3/ I S CULTURAL RESOURCES INADVERTENT DISCOVERY PLAN FOR THE OLYMPIC RIDGE PROJECT, MASON COUNTY, WASHINGTON Prepared for Apex Engin¢¢ring PLLC 260'I South 35th Street, Suite 200 Tacoma, Washington 98409 Prepared by i Amanda Carroll, M.A., RPA SWCA Environmental Consultants '1220 SW Morrison Street, Suite 700 Portland, Oregon 97205 (503) 224-0333 www.swca.com SWCA Project No. 62349.00 July '10, 2020 Cu/tute/Resouroes/nativertent OLscovery Plan fps fhp O/ymp/c R/dga Protect, Mason County, Washington ZTxis page intentionally Zefl blank. �x !c1 �' �/)8 C !t /R f d rt t 0! ry P! for the O/ymplc Ridge Protect Mason County, Washington 'I INTRODUCTION Apex Engineering,PLLC(Apex)contacted SWCA Environmental Consultants(SWCA)to conduct a desktop review{or the Olympic Ridge project area to identify the likelihood o£inadvertantly encountering cultural resources during project construction.The project is located on private land along State Route 3 in Belfair,Mason County,Washington, in Section 28,Township 23 North,Range Ol West,Willamette Meridian(Figure 1).The proposed project involves the construction o£a new 50-acre subdivision with 142 single family lots,new access roads,recreation areas,and storm facility(Figure 2). Construction is scheduled to start in August 2020. The project is subject to Washington's State Environmental Policy Act(SEPA);For this reason,Apex must prepare an Environmental Checklist.This checklist helps to determine whether the environmental impacts o£the project are significant and is also helpful in determining i£available avoidance, minimization,or compensatory mitigation measures will address the probable signi5cani impacts.The Environmental Checklist must be prepared to meet the requirements o£the SEPA Statute(Revised Code o£Washington[ACW]43.21 C),the SEPA Rules<Washington Administrafive Code[WAC] 197-11),and the SEPA Model Ordinance(WAC 173-806).Under the SEPA Environmental Checklist,the project effects must be considered£or historic and cultural preservation_ The project is also subject to Washington state laws pertaining to archaeological and cultural resources including the Archaeological Sites and Resources Act(RCW 27.53)and the Indian Graves and Records i Act(RCW 27.44).The Archaeological Sites and Resources Act(RCW 27.53)prohibits knowingly excavating or disturbing prehistoric and historical archaeological sites on public or private land without a permit from the Washington State Department o£Archaeology and Historic Preservation<DAHP).The Indian Graves and Records Act(RCW 27.44)prohibits knowingly destroying American Indian graves and requires re-interment under supervision o£the appropriate Indian tribe Following inadvertent disturbance.To prevent the looting or depredation o£sitas,any maps,records,or other informatron identifying the location o{archaeological sites,historic sites,artifacts,or the site of traditional, ceremonial,or social uses and activities o£Indian tribes ere exempt from disclosure(RCW 42.56.300). This inadvertent discovery plan(IDP)is to be used by the constructicn and engineering team during project ground disturbance.The IDP provides protocols to{ollow in the event that archaeological materials or human remains are discovered,and a tribal notification protocol.Also provided are a summary o£cultural resow�ces that have been identi{led within the project site and contact information£or project,tribal,and agency persomtel.The protocols outlined here will be followed For all ground disturbance associated with the project. �.1 Archaeological BacKground and Potential for Discovery Carroll(2020)provides an overview of the project area's natural setting and its pre-contact,ethnographic, and historic cultural setting,as wall as a summary o£cultural resources background research conducted £or the project area.The reader is referred to that document for details. Based on the background research conducted£or this project and the DAHP predictive model,the probability of encountering archaeological materials during project-related construction is considered low.However,because the project is adjacent to a historical railway,and a portion o{the project area is considered"moderate"on the DAHP archaeological predicative model,an cultural resources discovery is possible(either in a disturbed context or as an inadvertent discovery). SWCA recommended that an IDP t ��C �L� . CPS /18 i Cu/turaf Rasoumas/nadvertent O/scovery Plan for the O/ymp/c Ritlga Project, Meson County, Wash/ngton i be prepared to inform construction personnel what to do in the event that previously unidentified archaeological resources are discov¢red during excavation. Pre-contact archaeological resources, i£fovnd,would likely include task-specific sites represented as concentrations o£lithic debris from stone tool manufacture and maintenance or single artifacts representing an episode o£loss or discard.Typical markers of pre-contact cultural activity inciude lithic debitage,flaked or ground stone tools,fire-modified rock,animal bone,burned earth,cordage or fiber, charcoal,ash,and exotic rocks and minerals.Historic period resources may include isolated implements or scatters o£domeskic remains related to historic homesteads, and historic period debris scatters or refuse dumps.More specifically,Typical markers of historic activity,dating to before the 1960s,include milled lumber,masonry features,concrete,glass,ceramiq brick,metal fragments,bottles,nails,wire,or other evidence of early historic occupation. 'i Archaeological deposits likely to be significant would include resources with intact,stratified deposits or diagnostic arti{acts or features that could provide chronological data or information about pre-contact Native American or historic activities.A professional archaeologist should conduct the determination o£ the signi£tcance of archaeological materials.The following lists are designed to help project personnel decide whether notifying a professional archaeologist is necessary. Examples o£potentially significant cultural resources include the following(Figures 3 and 4): • Human remains • An area o£charcoal or charcoal-stained soil in association with historic period or pre-contact ard£acts • Clearly prepared surfaces that suggest temporary stability,such es a flat-tying layer o£bricic or a plastered surface • Arrowheads,stone tools,or concentrations o£stone chips • Large concentrations or dumps o£historic bottles,cans,or other historic-period material • Old privies • Buried fire pits or ovens • Buried foundations or intact walls • Clusters o£animal bones,especially i£associated with burned rocks or stone tools or chips • Industrial tools and/or equipment that is clearly older than 50 years in age Examples of cultural materials that are probably not significant include the following: • Pilings without attached structural wood materials • Fragments o£asphalt and concrete • Loose bricks or concrete footings in fill • Broken glass fragments or scatterred pieces of broken ceasmics • Scattered metal items in fill • Concentrations o£coal,cinders,lumber,wood debris,or sawdust without associated artifacts I£cultural resources are identified during construction and adverse effects to potentially significant historic properties cannot be avoided,then cultural tsources mitigation may be necessary. SWCA Tecommends that the selected construction contractor have contingencies for delay built into bid documents in case o£a potentially significant discovery.Treatment of any identified archaeological 2 Cu/rural Resoutws lnaWartant O/soovery P/an fof the Olympic R/dga PtoJact, Mason County, Washington resources would be determined through consultation with DAHP,end the tribes listed in the contacts section at the end o£this IDP.The approved treatment measures could require a DAHP-issued archaeological excavation permit. 2 INADVERTENT DISCOVERY PLAN This IDP describes policies,procedures,and a chain o£communication to ensure that any cultural resources or human remains encountered during project construction are properly identified and appropriately treated.Protocol for treatment of most Native American or historical archaeological mater[als is the same;however,human remains require different treatment,as described below. Construction personnel era required to follow this IDP when carrying out construction activities£or the Olympic Ridge Project.I£cultural resources are identified during constructioq the Construction Manager is responsible for contacting the Apex Engineering Manager to make the necessary notifications.Section i 5,the last page o£this plan,provides contact information for the personnel referenced in the Following sections. 2.7 Pre-Construction Meeting An SWCA Archaeologist will facilitate apre-construction meeting£or key personnel from Apex and their contractors on project-specific cultural resources issues prior to construction.The briefing will include information on the legal context of cultural!resources protection and on the p!re-contact,ethnographic,and historical cultural resources that may be present in the construction area.The primary goal of the pre- construcflon briefing is to familiarize construction personnel with the procedmcs to be followed in the event that potentially significarnt cultural resources are discovered during construction.The briefing also provides an opportunity to discuss the construction schedule and to update and exchange contact information. 2.2 Procedures for Discovery of Archaeological Materials This section describes protocols to be followed fox the discovery o£archaeological resources,including pre-contact Native American,ethnographiq or historical artifacts,features,or structures.The following protocol will be implemented i£archaeological resources that appear to be older than 50 years of age are encountered: 1. If a potential cultural resource is discovered,construction work will temporarily pause in the immediate location o£the find.The potential cultural resource will be leR in place and the personnel who make the discovery will notify the Construction Manager.The Consh'uctfon Manager will notify the Apex Project Manager to request that the Project Archaeofog/st identify the nature o£the discovery.If the Project Archaeologist determines that the discovery is not a pre-contact or historical cultural resource,then construction may resume.If the discovery is determined to be apre-contact or historical cultural rresoume,then additional steps will be required. 2. If the discovery is related to Native American activities,or involves potentially significant concentrations o£historlcal materials,then the ProjectArchaeoZogist will notify the Apex Project Manager to stop all work within 50 feet of the find.The Apex Project Manager will notify the Constructfon Manager,the State Historic Preservation Officer(SHPOJ at DAHP,and the Tribes listed in the contacts section at the end o£this IDP.The Project Archaeologist may assist the Apex Project Manager with its notifications.The construction contractor will secmre and protect the discovery during the ww�k stoppage. 3 �x 1� © l0/1 � Cultural Resources lnadvartant�iscovary Plan for the Olymp/c Ridge Protect, Mason County, Washington 3. The Project Archaeologistwtll document all pre-contact and historical cultural resources on standard Forms.Initial efforts will focus on establishing the nature,provenience,and integrity of any discovery.Documentation methods may include photographs,sketches,scaled drawings,and written descriptions.Surface samples may be taken for identification or analysis by a speciaiis; but the discovery will not be excavated into without first obtaining an excavation permit From DAHP. The Construction Manager will ensure that sufficient time and safe conditions are granted to document and evaluate the cultural signifcance of the discovery,including evaluating its National Register of Historic Places(NRI�)eligibility as appropriate. 4. The Project Archaeologist will brie£the Apex Project Manager on-site or by telephone on tfie cultural significance o£the discovery after initial evaluation.Documentation of the discovery will I then be assembled and forwarded to the Apex Project Manager.Th¢Apex Project Manager will submit sll cultural resources documentation to the SHPO and to the tribes listed at the end of this IDP. 5. The SHPO will consult with the Apex Project Ma»ager and the tribes listed at the end of this IDP to determine next steps.Project activity will be prohibited within 50 feet o£the discovery and may not proceed until the consulting parties have concluded that further constmction activities will not adversely affect the cultural resource.I£tfi¢discovery is not considered significan;then the.SHPO will issue a notice to proceed to the Apax Project M n¢ger,who will notify the Project Archaeologist and the Canstructtan Manager that work in the area o£the discovery may resume. 6. I£the discovery is considered significant and adverse effects to the cultural resource canno[be avoided by altering construction means and methods,then the Apra Project Mnnagar will retain th¢Project Archaep[ogtst to develop a plan to mitigate impacts to the cultural resource in consultation with the SHPO and the tribes listed at the¢nd of this IDP. 7. Additional archaeological investigations or historical research may be requirt;d in order to appropriately evaluate the significance o£the discovery.The Apex Project Ma»ager may ask the Construction Manager to assist with additional archaeological investigations,For example,by removing fill t?om a historical surface tv allow for excavation of a test unit Any additional archaeological work or project excavations within an arohaeological site would likely require a state-issued excavation permit from DAHP as outlined in RCW 27.53.Excavation permit applications usually require 45 days£or submission and review;however,DAHP does offer emergency support£or construction projects in progress. 8. Tha Project Archaeologist will submit a report to the Apes Project Ma»ager describing the results of any archaeological investigations completed during construction,at the conclusion o£ the project.The Project Archaeologist can also submit interim memos to the Apex Project nagar describing preliminary results during construction.The Apex Project Manager will forward final cultural resources reports prepared for the project to the SHPO and the tribes listed at the end of this IDP. i£applicable,the report will include a Washington State Archaeological Site Inventory Form with maps,photographs,and descriptions o£the cultural materials that were identified during construction. 9. The SHPO will inform the Apex Project Mmrager when it is safe£or construction to resume,and the Constructio»Ma»ager will ensure that no work occurs near the discovery until a notice to proceed is rreceived.I£SHPO approves,construction work may proceed elsewhere on-site during the localized work stoppage.Depending on the significance of the discovery,SHPO may request a halt to all ongoing construction excavations.SHPO may alternatively request tfiat ongoing construction excavations be monitored by a pro£¢ssional archaeologist. 4 �x � � t1 �� 8' C /t I R ! ad tie t DI ry h/ fo th O/y pie R/tlge ProJaet Mason County WashlnHton 2.3 Procedures for Discovery of Human Remains I£any construction activity exposes anything that appears to be human rcmaivs,either burials or isolated teeth or bones,or other mortuary items,construction near the find will halt immediately. Suspected human remains will not be handled by anyone other than tribal representatives,archaeologists,or law enforcement With the exception o£archaeological documentation,photographing the remains is prohibited.The protocol listed below follows RCW 68.50.646,27.44.055,and 68.60.055.In the event that human remains are discovered,these steps will be followed: ]. The Construction Manager will notify the Apex Project Manager to request that the Project Arohoeoiogist verify that any bones found are human.Upon discovery,no additional earth moving or stockpiling o£materials will occur within 50 feet of the revnains.The area o£discovery will be protected and avoided by construction persormel. 2. I£the Project Archaeologist verifies that the remains are human,then the ProjectArohpealogfst will immediately notify the Apes Project Manager and the Construction Manager.Tha Corzstructton Manager will protect the remains by limiting access with flagging or placing a guard.The remains should be covered with a cloth or tarp.With the exception of law enforcement,an archaeologist,or tribal representative,no one may touch or photograph the remains. 3. Upon receiving notice,the Apes Project Manager shall immediately notify the Mason County Sher�and the MQSOn County Coroner.Tha Apex Project Manager will request that the Masan County Coroner determine whether the human remains are forensic or non-forensic. 4. Contemporaneous with notifying local law enforcement and the Mason County Coroner,the Apex Project Manager will also notify the SHPO and the tribes listed at the end of this IDP.The Project Archaeologist can assist the Apex Project Munager with these notifications,if needed. _ 6. I£the Mason Courzty Coroner determines that the remains are forensic,then law enforcement will take jurisdiction over the remains. 6. I£the Mpson County Coroner determines that the remains are non-Forensic,then DAHP wi71 take jurisdiction over the remains. The State Physical Anthropologtsf will then make a determination whether the remains are Natives American or non—Native American and report that Ending to the affected parties.DAHP will conduct ali consultation with the affected parties es to the{utm-e preservation,excavation,and disposition o£the remains.Treatment will be decided upon through consultation atnong DAI-IP,the tribes, and the Apex Project Manager. 7. DAIS will inform the Apex Project Manager when it is safe for construction to continue. The Apex Project Manager will inform the Construction Manager when they may resume excavation work.The Construction Marzager will ensure no ground disturbance occurs near the hnman remains until a notice to proceed is received from DAHP. 8. The Project Archaeologist will prepare a final report that describes the discovery,the notification of affected parties,all steps taken in response to the discovery,and the final disposition of the human remains.This report can be completed immediately after the discovery,as requested by the Apex Project Manager,or in conjunction with project repotting i£archaeological monitoring o£additional ground disturbance is required by SHPO.If applicable,the report will include a Washington State Archaeological Site Inventory Form with maps, photographs,and descriptions of the human remains that wets id¢ntified during excavation. 5 �X l�1 C3� 1"L/1 $' Cu/tuts/Rasovices/nedvartent Oiscovery P/en for the O/ymp/c R/dga ProJact,Meson County, Weshingtan 2.4 Tribal Notification Prior to ground-disturbing construction activities,Apex will notify the tribes listed on the last page of this IDP. I£a tribe requests to have its representatives present during construction,Apex will accommodate reasonable requests.Apex will notify DAHP o£each such TY�ibal request. 3 CONFIDENTIALITY Archaeological properties are of a sensitive nature,and sites where cultural resources are discovered can become targets of vandalism and illegal removal activities.All parties shall keep and maintain as confidential all information regarding any discovered cultural resources,particularly the location of known or suspected azchaeological properties.This information is exempt from public disclosure consistent with state law�12CW 42.56.300).Project personnel and contractors should especially keep the discovery of any found or suspected human remains confidential,including regaining from contacting the media or sharing information regarding the discovery with the public.Any cultural resources reports prepared as a result of a cultural resources discovery during consh�uctron are confidential. 6 �X !� . �' 13/! S' Cu/tural Rasouroas/netivartant D/scovery P/en for tha Of mpJc Rltlge Protect,Meson County, Wesh/ngton 4 REFERENCES CITE Carroly Amanda 2020 Desktop Review far the Olympic Ridge Protect,Moson County, Woshington.Prepared for Apex Engineering PLLC.3WCA Environmental Consultants,Portland,Oregon. l 7 � s I."� �\��iL���1i�%"�i'��:.��r�iSi1S�G�S—T.�iS-f77^ �--- c l�� � _ l_��� — �.f e - __ tzt v� Ir�! Z�`11������ 3 �� ,� o :�_�, �, ���;_ `ice �` .��ac�► �� ,`,S?Y� -tom �, 1 r.° _�.�� _r����. �,1� . _. .. ... ... I . -. ... - .... -. .. - .. ..- N _ .. .. - .. . �x )� C� j S/t 8' C /t I R / d rt t O/ ry PI fo th OIy p' R/tlB P J t M an County Washington l Lagantl Olympic Ritlga Cultural Rasourcea Aseasamant Q PmlaclArea Meean CounlY.WA A O ZUO 4OF¢al ��/ 1 �^ Lam-Melees E ^ f o so ioo r.el.u:esaee Figure 2.Aarlal map showing project location. 9 a �cX � � Cj' i Vll Ff Cu/[ura/Rasourcas/neWartent O/sm�ary Plan/orlha ONm /c Rld c nCoun! Weshln t A D _ �� 1I ' i l �� 1 �� Figure 3.Examplas of potentially slgnlflennt pre-confect parbd cultural materials:al lithlc cmos:1»oven:c)sM1cll madden: tll projectile polnLv. � x �� �� � n pr � oa coon w sn;n ron ._ ]'SzS .��. c��v , + {� { l ! 1 T\ 4 L.. - 2 .t rYti Figure 4.Examples of patentlally significant blstorlcel aulturel materials:a)rlvetvtl cM1imney plpv anu rlvv[vd oven In 4enab wall:b) blstoric debrle layer:c)two-liar lumber aupporting a brick wall In ruin.antl al)wootl planK floor. 1I r� �h- iq c� agi, � Cu/fura/Resources/nadvertent O(scovary Plan for Ekes O/ymp/c R/dge Proj¢cq Mason County, Washingtan 5 CONTACTS Project Lngine¢rs Tres I4irlcebo,Apex Engineering PLLC.....................................................................<253)473-4494 x1256 Project Propon¢nt Harbor Custom DeveloPment................................................................................................(253)649-0636 Construction Contractor TDB ..............................................................................................................................CX7t7c)xxx-xxxx Local Government Mason County SheriffEmergency............................................................................................................9 1 1 Meson County Sheriff Non-emergencY.............................................._.................................C360)426-4441 Mason County Coroner............................................................................................(360)427-9670 ext.752 Department of Archaeology and Historic Preservation Dr.Allyson Brooks,State Historic Preservation Officer.......................................................(360)586-3066 Dr.Rob Whitiam, State Archaeologist..................................................................................(360)586-3080 Stephanie Tolivette,Local Government Archaeologist_.._..............._..................................(360)586-3088 Dr.Guy Tessa,Stat¢Physical Anthropologist................................ ...<360)586-3534 SKolcomfah Indtan Tribe Kris Miller,Tribal Historic Preservation 0£Hcer..........................................................<360)426-4232 x215 Squaxin Island Tribe Shaun Dinubilo,Archaeologist.................................................._..._.....................................C360)870-6324 Snquamish Tribe Detmis Lewarch,Tribal Historic Preservation Officer..........................................................(360)394-8529 SWCA Lfnvironmental Consultants Amanda Carroll,Project Archaeologist.................................................................................C503)224-4173 t2 RCW 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat—Bond or security to assure successful operation of improvements. Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county legislative body may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such Improvements within a period specified by the city, town, or county legislative body and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements. I -� MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING JANUARY 9, 2023 Action Items• Local Agency Haul Road/Detour Agreement between Mason County and WSDOT allowing WSDOT to Detour traffic on to County Roads Old Olympic Hwy and Kamilche Lane during the improvement of sections of US 101 and SR 108. On-Call Right of Way Appraisal Services Discussion Items: WSDOT SR 302 Study Advisory Group SR 3/Ridgepoint Boulevard Legislative Priorities -Freight Corridor, Utility Projects Union Property Commissioner Follow-Up Items: Upcoming Calendar/Action Items: r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Mike Collins Ext.450 Department: Public Works Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Local Agency Haul Road/Detour Agreement with WA State Department of Transportation(WSDOT) Background/Executive Summary: WSDOT has a fish barrier removal project located on US 101 and SR 108 in Mason County that will require both roads to be closed to accomplish the word. WSDOT has requested that Mason County enter into an agreement with them to use Olympic Highway and Kamilche Lane as detour routes during the closure. The project is anticipated to occur in 2024 and take a week or less to complete. WSDOT will notify Public Works with the exact road closure dates and have a programmable message board placed a minimum of two weeks in advance to advise traffic of the closure and detour information. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the Chair to sign the Local Agency Haul Road/Detour Agreement between Mason County and Washington State Department of Transportation(WSDOT)allowing WSDOT to detour traffic on to County roads Old Olympic Highway and Kamilche Lane during the improvement of sections of US 101 and SR 108. Attachments: Agreement Washington State Adw MDepartment of Transportation Local Agency Haul Local Agency and Address Mason County Public Works Road/Detour Agreement 100 W. Public Works Drive OR - Region Wide Crack Sealing Shelton,WA 98584 Agreement Number HR3 0177 Section/Location State Route Number Control Section Number US 101 /SR 108 Interchange US 101 /SR 108 340105, 230100 Region Description of Roads or Streets Olympic See included attachment.All affected Mason County roads or streets are Intended Use(Haul Road or Detour Road) highlighted within the attachment. Detour Road Vehicle Restrictions None This Agreement is made and entered into between the Washington State Department of Transportation (WSDOT) and the above named governmental entity (Local Agency), hereinafter individually referred to individually as the `Party' and collectively as the `Parties'. Recitals 1. WSDOT is planning the construction or improvement of a section of state highway as shown above, and 2. In the construction of the project it is planned to use, for the purpose noted above, those Local Agency roads or streets described above and as further detailed in red on the attached Exhibit"A", and 3. It is anticipated that as a result of the use of these roads or streets, additional maintenance expense may be incurred by the Local Agency. Now Therefore, It Is Mutually Agreed As Follows: 1. The Local Agency hereby agrees to WSDOT's use of the roads or streets covered by this Agreement subject to the conditions contained herein. 2. Immediately prior to the beginning of WSDOT's use of the above described roads or streets, the parties to this Agreement shall make a joint condition inspection and WSDOT shall prepare a memorandum record of the condition of said roads or streets. The memorandum record shall include a statement of the extent and frequency of routine maintenance operations normally carried out by the Local Agency on said roads or streets and may include photographs showing condition of the existing roadway. 3. WSDOT agrees to reimburse the Local Agency for the cost of additional routine maintenance and repairs, operations in excess of those enumerated in the record made under the provisions of Section ll, made necessary by WSDOT's project. The reimbursement for such additional routine maintenance and repairs shall be limited to the actual cost of such operations supported by proper records. Such costs are to be exclusive of all administrative and overhead costs and all charges for small tools. 4. Upon completion of use of the roads or streets covered by this Agreement, a joint inspection shall be made by the parties to determine the condition of said roads or streets.All maintenance and/or repairs shall be based upon the conditions of these roads or streets at the time of this completion inspection, taking into account the memorandum record made under Section 2. 5. It is expressly understood that WSDOT shall be responsible only for that extra maintenance and repairs of the Local Agency's roads or streets occasioned by the project use. In the event of a dispute over the terms of this Agreement and/or the extent of maintenance or repair work required to be performed, the dispute shall be submitted to the Secretary of Transportation for determination. In determining this responsibility the Secretary shall give consideration to the memorandum record provided for in Section 2. The conclusions of the Secretary as to the extent and amount of such maintenance shall be final and conclusive as to all parties to this Agreement. DOT Form 224-014 Page 1 of 2 Revised 07/2018 6. The Local Agency agrees not to restrict below legal limits the size, weight, or speed of vehicles using the roads or streets covered by this Agreement except as stated above under Vehicle Restrictions. 7. No liability shall attach to WSDOT or the Local Agency by reason of entering into this Agreement except as expressly provided herein. In Witness Whereof, the parties hereto have executed this Agreement as of the party's date signed last below. WASHINGTON STATE LOCAL AGENCY DEPARTMENT OF TRANSPORTATION By: By: Printed: Printed: Title: Title: Date: Date: Approve as to form: Tim Whitehead, Ch. DPA DOT Form 224-014 Page 2 of 2 Revised 0712018 INSTALL DURING CLOSURE INSTALL DURING CLOSURE PCMS 1 MESSAGE PCMS 2 MESSAGE 1 2 1 2 4 US 101 FOLLOW US 101 FOLLOW SB RAMP DETOUR SB RAMP DETOUR 4 SE LYNCH RD CLOSED CLOSED 2.0 SEC 2.0 SEC 2.0 SEC 2.0 SEC FIELD LOCATE AT FIELD LOCATE IN ADVANCE RAMP ENTRANCE OF INTERCHANGE 3 APPROX.AS SHOWN IN PLAN INSTALL DURING CLOSURE PCMS 3 MESSAGE 1 2 US 101 FOLLOW SB RAMP DETOUR CLOSED of 1 2.0 SEC 2.0 SEC o FIELD LOCATE IN ADVANCE a OF INTERCHANGE nI APPROX.AS SHOWN IN PLAN J x 48" 48" 48" N 101 South 101 South 101 South DETOUR 4s" D E�R 4s" D E`R q$" c O ♦ , ' _ 1 U M4-9 (MOD) M4-9 (MOD) M4-9 (MOD) (D 3O 5O 0 U 48" qg., 48,. W 101 South 101 South 101 South X 8 4 G) IL MDETOUR 48" DETOUR 48" DETOUR 48" cn Q SWDd O 108 5 o M4-9 (MOD) M4-9R (MOD) M4-9L (MOD) o sF 0 OHO O n NOTES: 48" 48" N !y n 1. ALL SIGNS SHALL BE 48"X 48",UNLESS OTHERWISE SHOWN.ALL SIGNS END RAMP S/} /\ a� WILL BE SHALL BE BLACK ON ORANGE,UNLESS OTHERWISE SHOWN. �0��� 36"DETOUR CLOSED sa" GQ XX/XX-XX/XX ° PT R� 2. ALL SIGN LOCATIONS ARE APPROXIMATE.SIGN SPACING SHALL BE M4.8A a 7 ICI-11E X XXPM-X XXAM KPM ADJUSTED TO ACCOMMODATE INTERSECTIONS AND TO FIT ROADWAY O RAMP CLOSURE R11.1501 (BIVV) CONDITIONS. INSTALL 7 DAYS MIN. " PRIOR TO CLOSURE N a 3. PCMS LATERAL CLEARANCE AND DELINEATION TO BE PROVIDED IN H ACCORDANCE WITH STANDARD SPECIFICATION 1-10.3(3)C2. LL_ Cc, W 4. SEE TC006 AND TC007 FOR TYPICAL ON-RAMP CLOSURE PLAN. � c c C o o LEGEND: c q CONSTRUCTION SIGN CLASS B 0 U Fp—cmsl PORTABLE CHANGEABLE MESSAGE SIGN WORK AREA US 101 / SR 108 INTERCHANGE DETOUR PLAN DETOUR ROUTE O O CONSTRUCTION SIGN NOTE 3 NOT TO SCALE d M o FILE NAME c:luserslkozlowsplpw_wsdotld05238641XL6593_PS_DU_011.dgn a TIME 1:21:44 PM RNO.N STATE FED.AID PROJ.NO. PLAN REF NO aDATE 12/15/2022 10 WAS >_ PLOTTED BY kozlowsp 9999 897 '/`�P► - OR - REGION WIDE CRACK SEALING DU011 J DESIGNED BY S.KOZLOWSKI JOB NUMBER 0 22C512 �`� Washington State SHEET ENTERED BY S.KOZLOWSKI V O CHECKED BY L.CHESLOCK CONTRACT N0. LOCATION N0. ^Q Department of Transportation of a PROD.ENGR. V.HALL XL6593 DATE DATE EE DETOUR PLAN TS SH REGIONAL ADM. S.ROARK REVISION DATE BY P.E.STAMP BOX P.E.STAMP BOX HR3 0177 Exhibit A Page 1 of 2 �0 INSTALL DURING CLOSURE INSTALL DURING CLOSURE PCMS 1 MESSAGE PCMS 2 MESSAGE US 101 NB ON 1 2 1 2 RAMP CLOSURE NBS 101 RAMP FOLLOW NBS 101 RAMP FOLLOW CLOSED DETOUR CLOSED DETOUR 2.0 SEC 2.0 SEC 2.0 SEC 2.0 SEC PCMS 1 1 I FIELD LOCATE AT FIELD LOCATE IN OF INTERCHANGE ADVANCE RAMP ENTRANCE 108 5 APPROX.AS SHOWN IN PLAN INSTALL DURING CLOSURE Sk PCMS 3 MESSAGE �s ook�/ Q 1 2 5 � SE�MILC US 101 FOLLOW PpC1F1C RR NB RAMP DETOUR CLOSED " UGET SOUND & 2.0 SEC 2.0 SEC 0 > FIELD LOCATE IN ADVANCE °i OF INTERCHANGE a APPROX.AS SHOWN IN PLAN MI N tD � N H TAYLO RD 48" 48" 48" d c 101 NORTH 101 NORTH 01 NORTH U I DE�UR a$" DES R a$" pER 48" I 1 ' CO W M4-9 (MOD) M4-9 (MOD) M4-9R (MOD) ncz O O O U p 1 48„ RAMP 0 3F BCOOMF/FAD WILL BE a Ro 48„ CLOSED 60" XX/XX-XX/XX END X XXPM-X XXAM 0 0"o DETOUR 36 R11-1501 (BIW) INSTALL 7 DAYS MIN. M4-8A PRIOR TO CLOSURE N ® O o NOTES: 2 NVR �9<p 1. ALL SIGNS SHALL BE 48"X 48",UNLESS OTHERWISE SHOWN.ALL SIGNS ROq SHALL BE BLACK ON ORANGE,UNLESS OTHERWISE SHOWN. RO rn 6 2. ALL SIGN LOCATIONS ARE APPROXIMATE.SIGN SPACING SHALL BE E CRADDICK RD a ADJUSTED TO ACCOMMODATE INTERSECTIONS AND TO FIT ROADWAY H 1 CONDITIONS. LL_ 3. PCMS LATERAL CLEARANCE AND DELINEATION TO BE PROVIDED IN ACCORDANCE WITH STANDARD SPECIFICATION 1-10.3(3)C2. LEGEND: c E 14 CONSTRUCTION SIGN CLASS B R 4. SEE TC006 AND TC007 FOR TYPICAL ON-RAMP CLOSURE PLAN. p Fp-c-m-si PORTABLE CHANGEABLE MESSAGE SIGN H 0 2 F//77A WORK AREA DETOUR ROUTE US 101 / SR 108 INTERCHANGE DETOUR PLAN � U � 3 O CONSTRUCTION SIGN NOTE 0 o NOT TO SCALE 3 d M o FILE NAME c:luserslkozlowsplpw_wsdotld05238641XL6593_PS_DU_013.dgn a TIME 1:22:07 PM RNO.N STATE FED.AID PROJ.NO. PLAN REF NO aDATE 12/15/2022 10 WAS >_ PLOTTED BY kozlowsp 9999 897 `�P► -'/ OR - REGION WIDE CRACK SEALING DU013 J DESIGNED BY S.KOZLOWSKI JOB NUMBER 0 22C512 �`� Washington State SHEET (+J ENTERED BY S.KOZLOWSKI V CHECKED BY L.CHESLOCK CONTRACT N0. LOCATION N0. ^Q Department of Transportation of a PROJ.ENGR. V.HALL XL6593 DATE DATE EE DETOUR PLAN SHTS REGIONAL ADM. S.ROARK REVISION DATE BY I P.E.STAMP BOX P.E.STAMP BOX HR3 0177 Exhibit A Page 2 of 2 r f Mason County Agenda Request Form r- To: Board of Mason County Commissioners From: Loretta Swanson Ext.450 Department: Public Works Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 9,2023 Agenda Date: January 17,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• On-Call Right-of-Way Appraisal Services Background/Executive Summary: Public Works would like authorization to use the Consultant Roster to select and enter into an agreement for right-of-way appraisal services on an as needed basis. Appraisal and appraisal review services are anticipated to be required for certain County road projects and other Public Works activities that may involve right-of-way acquisitions or relocations. Budget Impact(amount, funding source,budget amendment): Road Fund budgeted; agreement maximum payout not to exceed$200,000. Public Outreach(news release, community meeting, etc.): Public Works will use the County MRSC Consultant Roster. Requested Action: Approval to authorize Public Works to select and enter into agreements for right-of-way appraisal services from the County MRSC Consultant Roster with a maximum payout for the agreement not to exceed$200,000. Attachments: