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2025/04/21 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF April 21, 2025 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. co 1854 CO BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 21, 2025 is« 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,April 21,2025 Zoom link available on the Mason County website Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:30 A.M. Community Development—Kell Rowen 10:40 A.M. Treasurer—Lisa Frazier 10:55 A.M. Public Works—Loretta Swanson Utilities&Waste Management 11:05 A.M. Central Services—Mark Neary Commissioner Discussion—as needed Commission meetings are live streamed at hiLtp://www.masonwebtv.com/and public comment is accepted via email msmithkmasoncountywa• og_v;mail to Commissioners Office,411 N 5'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 4:00 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 04/17/25 at 9:13 AM Mason County Community Development Briefing April 21, 2025 Briefing Items Quarterly update—Kell Rowen Population and housing allocations—Marissa Watson e��oN Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Kell Rowen Ext:286 Department: Community Development Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Quarterly update on SmartGov(permitting software),Appointment system(for permit submittals), Average Permit Turn-around Time,Building Inspections, Scanning Project(ARPA funds) and Code Enforcement. Background/Executive Summary: DCD will provide an overview of work done to-date on SmartGov; submittal appointments;permit times, inspections, scanning project and code enforcement. Budget Impact(amount,funding source,budget amendment, etc.): None Public Outreach: N/A Requested Action: Discussion only. Attachment(s)• Permit Turn-around times; SmartGov To-Do list/SG Monthly Report; Scanning Report -A �� Date Completed Topic Insufficient Application Added this status to all permits as trial has gone well. Used to be more clear when an application 1/21/2025 Status cannot be routed to depts 1/30/2025 Preparing To Issue Changed "Preparing to Issue" to "Processing" to clarify to applicants what state their application is in. 1/30/2025 Portal Options Made the descirption for"My Portal" more clear _ New Single Family Res. Applicants may now apply for new single fmaily residence permits through the portal. Must pick up in 3/3/2025 Permit Online person for now. Admin. Variance Permit Applicants may now apply for admin.variance permits through the portal. Must pick up in person for 3/3/2025 Online now. Permits ne— .ee-- ... effleal permit nungbeF ence they are "teehnaeally eengplete" (all requiFed This was reversed " as it caused too many problems for permit techs 3/21/2025 Fixed Links Fixed the broken links after the website update. 3/28/2025 Updated condition text Various updates to condition texts 3/28/2025 FPA Report Cleaned up report to be more readable 3/28/2025 How To links on Portal Added how to links to front of the portal This report covers the period from 0110712025-0410112025 Date Noted Topic 7/18/2024 Code ENF Batch Fix Continue to work with granicus over this 12/28/2023 SEW Create case type 8/14/2024 COMB Go over edits from Todd then schedule a meeting with JTL(maybe with GMM too) 4/1/2024 Septic condition Add disclaimer condition 4/30/2024 Action Checklists Check in with BLD to see if it is useful. Removed for EH.Talked to BLD, check in with them. 4/30/2024 Address screen Check to make sure wording is right and concise; may not be needed for all permits 5/14/2024 Submittal Links Create section on website for Submittal Requirements and Examples Is 2/19/2025 History Tab Contact granicus to get them to explain this to me. 6/17/2024 Parcel Notes Notes on the parcel show in the portal regardless of end dates AND regardless of private or public. 5/17/2024 Approved Submittals The version status of submittals shows as "approved" even though we have it in the system as "Reviewed" Tech processing does not appear to be calculating correctly. Due date shows before other reviews. Seems to be 7/31/2024 Due date calcs calculating based on 1st review done not last 10/11/2023 Inspections Reason Change all to required.Also add Scheduled for in progress. 10/13/2023 Signed Conditions Fine tune issuing and signing conditions through portal. 2/7/2024 Inspection Date Sched Auto pops scheduled date when doing results.Turn off? 4/30/2024 Pass with notes Add new inspection type? 1/24/2024 Inspections Clean up inspections list. List should be okay, make sure status is good 4/30/2024 PAR Notes Check how those show on portal 07 4/30/2024 Receipts Check where are these in the portal 4/30/2024 Inspection card Do directions auto pop from details?Add gate code section? 4/30/2024 EH Report Help fix adhoc report; populate their contact and make sure displaying right. Testing with BLD letter. Set up so final inspection cannot be done until all others have passed.See if possible to prevent requests for 10/4/2023 Inspections inspections when others haven't passed 10/4/2023 PLN Inspection Make a general PLN inspection; maybe add a different one for code enf too under permit module 6/13/2023 Main Page Status Clean up needed 2/7/2024 Licensing Look into annual license for fire stuff and EH stuff They would like to export to excel all spetic and well permits during certain timeframes. Would need to 10/1/2024 Report for Assessor generate an Adhoc report to do so. 9/4/2024 Duration calcs Check which ones are business days and fix. can check by clicking on info button on the workflow steps Previous inspections 9/4/2024 Tab Look into to see if useful and can update processes 9/25/2024 SPIs Would it be useful to have SPIs use the inspection tab? 10/3/2024 Note Types Clean up allowed note types for each type.See JKC how tos 11/6/2024 SHR ADU Consider adding Q of SHR designation,flagging Nat and Cons 11/12/2024 Return to Portal References of"returning app to portal" but can't find how to do that or what it means 12/2/2024 Incomplete Permits Trying to figure out how to clean this up. May be related to Return to portal 12/27/2024 Deficiency Template TTry to see if an adhoc report can be created to fill in the usual deficiency email 1/15/2025 FLD Update 1/15/2025 PHC Are we doing this?What's the process 1/17/2025 Portal links We could put in more links to how tos and FAQs directly into the permitting system in the different tabs 1/30/2025 Commerical Dept Split commercial and residential into different departments _ 1/30/2025 Portal fixes Edit disclaimer text, add portal guidebook. Create a spreadsheet of what permits can be applied online. Replace block text on website and incorporate into Online Permits portal. Put most common permits first, less common permits later. Ex. first page is "Common Applications" then 1/30/2025 Spreadsheet after do "Misc Other Permits" maybe add another category later This report covers the period from 0110712025-0410112025 STATISTICS Category Number Total Permit Types (DCD) 69 Permit Available for Online Applciation 21 Fully Updated Permits 49 Permits Pending Final Edits 5 Permits Requiring Full Review 15 Number of new online permit applications 2025* 47 Total Online Applications 2025 YTD 368 Total Paper Applications 2025 YTD 421 This report covers the period from 01/07/2025- 04/01/2025 *Number of online applications for the permit types made available online starting 01-2024 on Year Month Average Days to Issuance 2022JAN 120 2022 FEB 104 2022 MAR 134 2022 APR 118 2022 MAY 96 2022 JUN 154 2022 JUL 84 Average Days to Issuance 2022 AUG 80 160 2022 SEP 110 2022 OCT 109 2022 NOV 108 160 — 2022 DEC 95 2023JAN 98 140 — 2023 FEB 80 2023 MAR 78 120 2023 APR 97 2023 MAY 94 2023 JUN 48 100 2023 JUL 44 2023 AUG 44 80 2023 SEP 56 2023 OCT 33 60 2023 NOV 52 2023 DEC 38 40 2024 JAN 43 2024 FEB 43 2024 MAR 39 20 2024 APR 36 2024 MAY 36 0 z m K K > z 0 > V z m > z 0 > V z m > > V z m 2024 JUN 35 a LL a a ? o a a a o a a a z 0 o a a R a z R a z 4 a o z 2024 JUL 41 2024 AUG 37 202220222022202220222022202220222022202220222022202320232023202320232023202320232023202320232023202420242024202420242024202420242024202420242024202520252025 2024 SEP 36 2024 OCT 38 2024 NOV 37 2024 DEC 37 2025 JAN 25 2025 FEB 28 2025 MAR 31 Permit Issuance 2025 Permit Type Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Accessory Dweiling Unit 2 0 1 Addition or Remodel 4 5 5 Address Request Form 27 13 23 Administrative Varicance Request 6 6 9 Application for Ammendment 0 0 0 Boundary Line Adjustment 0 0 0 Building Administrative Variance 0 5 7 Bulkhead of Dock-Residential 2 0 1 Carport/Deck Covered 1 1 3 Change in Tennant 0 1 0 Declalration of Parcel Combination 0 0 0 Demo 5 2 4 Development Reg Variance 0 1 0 Flood Damage Prevention Reivew 1 0 1 Forest Practices 0 0 0 Garage/Storage 8 9 4 Geological Review 7 2 9 Grading 3 0 3 Ground Mount Solar 0 0 0 Larg Lot Subdivision 0 0 0 Manufactured Home-Residential 11 4 10 Manufactured Home Replacement 0 0 0 Manufactured Modular Structure Commercial 0 0 0 Mason Environmental Permit 2 3 3 Mech/Plumb-Commercial 0 2 1 Mechanical-Residential 55 50 62 New Commercial Permit 10 6 0 New SFR 8 13 26 Plat-Subdivision 0 0 0 Plumbing Residential 0 0 0 Pre-Application Meeting 1 0 0 Repair-Residential 0 2 3 Reroof 13 6 26 Resrource Ordinance Variance 0 0 0 Retaining Wall,Deck Residential 0 1 0 Roof Mount Solar 0 0 1 SEPA 2 3 2 Shoreline Conditional Use 1 0 0 Shoreline Exemption 2 3 2 Shoreline Substantial Dev 0 0 0 Shoreline Variance 0 0 0 Short Subdivision 0 0 0 Site Pre Inspection 2 2 1 Special Use Permits 0 0 0 Total 173 140 207 0 0 0 0 0 0 0 0 0 Permit Applications 2025 Permit Type Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Accessory Dwelling Unit 1 2 3 Addition or Remodel 5 2 8 Address Request Form 25 22 25 Administrative Determination Letter 0 0 0 Adminstrative Appeal 0 1 0 Administrative Varicance Request 6 11 20 Application for Ammendment 0 0 0 Belfair Planned Action 0 1 0 Boundary Line Adjustment 2 3 1 Building Administrative Variance 1 1 2 Bulkhead of Dock-Residential 2 3 2 Carport/Deck Covered 2 1 4 Cell Tower Upgrade 3 0 0 Change in Tennant 1 2 1 Common Line Mitigation Plan 1 2 1 Cottage Industry Permit 0 0 0 Declalration of Parcel Combination 6 0 13 Demo 5 4 8 Development Reg Variance 0 2 0 Event Permit 0 0 0 Flood Damage Prevention Reivew 6 7 8 Forest Practices 0 0 2 Garage/Storage 16 12 15 Geological Review 6 7 9 Grading 0 4 2 Ground Mount Solar 0 0 0 Large Lot Subdivision 0 0 0 Manufactured Home-Residential 18 11 17 Manufactured Home Replacement 0 0 0 Manufactured Modular Structure Commercial 0 1 0 Mason Conditional Env.Permit 0 0 0 Mason Environmental Permit 6 2 11 Mech/Plumb-Commercial 1 2 1 Mechanical-Residential 67 57 75 Moritorium Waiver or Release 0 0 4 New Commercial Permit 1 2 7 New SFR 12 15 24 Plat-Subdivision 0 1 0 Plumbing Residential 0 0 0 Pre-Application Meeting 5 8 10 Repair-Residential 2 1 0 Reroof 17 8 28 Resrource Ordinance Variance 0 0 0 Retaining Wall,Deck Residential 0 2 1 Roof Mount Solar 1 3 1 SEPA 4 2 11 Shoreline ADU 0 0 0 Shoreline Conditional Use 1 0 0 Shoreline Exemption 3 3 5 Shoreline Substantial Dev 0 0 0 Shoreline Variance 0 0 0 Short Subdivision 0 0 0 Site Pre Inspection 10 6 12 Special Use Permits 0 0 7 WRIA Form 5 6 0 Window Replacement 0 0 0 0 0 0 0 0 0 0 0 0 Total 241 217 338 0 0 0 0 0 0 0 0 0 4/16/25, 11:35AM Teams and Channels I General I Microsoft Teams Quarterly Tracking Thursday,August 31,2023 9:44 AM 2023 Jan-Sep Jan-Sep Oct-Dec Oct-Dec Acacia Kat Acacia Kat Estimated Boxes Scanned 33 31 32 17 Estimated Out Basket Boxes Tossed 10 15 16 16 Archived Boxes 10 shared 5 Shared Archives In process 5 shared 4 Shared Total Boxes= 105 90 box= Sheets of paper 1 box=20-30 pounds 4 baskets out=1 box 2024 Q1 Q2 Q3 Q4 Estimated Boxes Scanned 37 44 38 24 Estimated Out Basket Boxes Tossed 25 21 22 17 Archived Boxes 1 1 1 1 Archives in Progress 5 5 5 5 Total Boxes 68 72 70 47 2025 Q1 Q2 Q3 Q4 Estimated Boxes Scanned 26 Estimated Out Basket Boxes Tossed 23 Archived Boxes 1 Archives in Progress 5 Total Boxes 55 Jan 1-Mar 31 Apr 1-Jun 30 Jul 1-Sep 31 Oct 1-Dec 31 https://teams.microsoft.com/v2/ 1/1 SON Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Marissa Watson Ext:367 Department: Community Development Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item: Resolution Regarding Population and Housing Allocations Background/Executive Summary: Mason County and the City of Shelton in coordination with our project consultant have proceeded with our Comprehensive Plan update process with the understanding that OFM's medium growth forecast for population would be utilized as well as projected housing needs as defined through the Housing Needs Assessment provided by FCS Group. The medium growth population projection as well as Housing Scenario D were recommended by County and City staff,the Planning Advisory Commission reviewed these recommendations at their October 2024 regular meeting and agreed with moving forward with the Comprehensive plan work utilizing those population and housing guidelines. The Department of Commerce requires jurisdictions to indicate their housing unit needs for the period of 2020—2045,this is shown in Exhibit A as well as the Draft Housing element. The most recent Housing Needs Assessment as well as the Draft Housing element also indicate our housing unit needs taking into account units constructed between 2020 and 2024. Budget Impact(amount, funding source,budget amendment, etc.): N/A Public Outreach: The 2025 Comprehensive Plan Periodic Update has been ongoing since early 2024,we have had multiple public meetings with the Planning Advisory Commission,two surveys,maintain a project website and email notification list,news release to several media outlets,and physical postings of our survey request, and community input meeting in Allyn. Requested Action: Sign the resolution to continue the periodic update of the Mason County Comprehensive Plan using OFM's medium growth forecast and projected housing unit growth as outlined in Exhibit A. Attachment(s): Resolution and Exhibit A: Population and Housing Unit Growth RESOLUTION NO. RESOLUTION REGARDING POPULATION AND HOUSING ALLOCATIONS WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county and the cities, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County is in the process of updating the comprehensive plan through the periodic review process and according to the deadline outlined by RCW 36.70A.130(5)(b) which currently outlines a due date of December 31, 2025; and WHEREAS, the Growth Management Act requires county and city comprehensive plans to be coordinated and consistent; and WHEREAS, the Growth Management Act (GMA) states that urban growth areas (UGAs) must be revised to accommodate the urban growth projected to occur in the succeeding 20-year planning period by December 31, 2025; and WHEREAS, the Growth Management Act (GMA), the county-wide planning policies and inter- local agreement with the city of Shelton indicate that review of UGAs should be coordinated between the County and the city; and WHEREAS, population and housing allocations are a critical component in the comprehensive plan update and UGA review process; and WHEREAS, while final decisions on population and housing allocations will not be made until the comprehensive plan is adopted in 2025, it is important for the County and City to agree upon preliminary allocations in order to coordinate transportation modeling, capital facility planning, environmental review, and UGA recommendations; and NOW THEREFORE BE IT RESOLVED, that the Mason County Board of Commissioners hereby agrees to utilize the population projections and housing growth allocations shown in Exhibit A as the preliminary allocations for initial review of urban growth areas by the County and City. It is acknowledged that a range of population and housing allocations will also be studied in the environmental impact statement and UGA review process and the final UGA growth allocations may be different than set forth in this Resolution. DATED this day of 2025. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Pat Tarzwell, Commissioner z Exhibit A Population and Housing Unit Growth Population Projections 2020 - 2045 95,000 92.187 90 000 85.000 82,932 80000 75.000 70.000 65,7281 i � � _ 66,798 65.000 60,699 62,545 — — _ — — — — — — — — 60.000 54,739 55.000 49,405 50.000 45.000 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 — —Medium Growth Forecast —Loin Growth Forecast —High Growth Forecast Mason County Projected Housing Needs by Income, 2020 — 2045 3,500 Apartments Multi-Plex Single- 3,000 Family 2,500 2,000 725 1,500 458 1,000 314 310 310 1,691 1,068 500 172 733 724 722 139 323 401 0 <30%(PSH) <30%(Non- 30-50% 50-80% 80-100% 100-120% >120% PSH) Unincorp.County City of Shelton :.,u,ro Office,f Ala— Note: Dept. of Commerce requires projections and allocations shown from 2020—2045. Using the medium growth forecast Mason County should plan to accommodate 8,181 additional (net new) housing units including 5,726 in the unincorporated areas and UGAs and 2,455 within the City of Shelton. Commerce requires the use of their Housing for All Planning Tool to forecast housing need by income level; the previous figure shows this forecast as well as housing type. The 8,181 housing units includes 1,074 public supportive housing units and 91 emergency housing units/beds in addition to 7, 016 private market rate housing units. 10, Mason County z �r Agenda Request Form �....ez To: Board of Mason County Commissioners Item No. From: Lisa Frazier Ext:484 Department: Treasurer Briefing: X❑ Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29f,2025 Internal Review: ❑ Finance ❑X Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item: Reclassification of Job Descriptions in the Treasurer's Office Backeround/Executive Summary: In October of 2022,the treasurer submitted a request to Human Resources and AFSCME Representatives for the reclassification of multiple positions within the Treasurer's Office with the hopes that they could be incorporated in contract negotiations at the time. After almost two years of delays,Human Resources,AFSCME Representatives and I have reached consensus. There are two positions,I believe,that need to be at a higher range indicated in the attached. Budget Impact(amount, funding source, budget amendment, etc.): The treasurer intends to absorb the impact within the current year's approved budget. If a budget amendment is necessary,the treasurer will request the least amount necessary before year end. j Current Expense approximately$21,363 Treasurers M&O approximately$8,259- $8,661 There would be an impact to future year budgets. Public Outreach: None Requested Action: Approval of Treasurer's proposed reclassification and salary ranges with implementation June 1, 2025. Attachment(s): Letter, Cost Overview N Offmice of the Treasurer 411 N. 5th, Blda. I P.O. Box 429 Shelton, Washington 98584-0429 (360) 427-9670, ext. 475 ® Fax (360) 427-7267 Belfair (360) 275-4467 ® Elma (360) 482-5269 Elisabeth (Lisa) Frazier, Treasurer April 15, 2025 Mason County Board of County Commissioners Sharon Trask, Chair Pat TarzweLL,Vice Chair Randy NeatherLin, Commissioner RE: Reclassification Request Treasurer's Office, On October6, 2022, 1 sent a request to Human Resources and AFSCME Representatives requesting the review and approval of proposed reclassification of multiple positions within the Treasurer's Office. The request was made pursuant to the current County Personnel Policy and AFSCME contract in place at the time with the hope that the request could be included as part of the contract negotiations that were beginning at the time. For whatever reason, the request was not included as part of those contract negotiations. Since then, I have been attempting to move this request forward through Human Resources. I have to say this has been the most frustrating process I've ever experienced; however,we have finally come to the point where we agree with the position descriptions and the associated pay ranges with the exception of two of the positions. Those exceptions and rational are as follows: Cashier Deputy Collections—Customer Service Specialist I I I HR proposed range 20 Treasurer proposed range 22 Treasurer rational,for higher range: This position was always on par range wise with the Finance Accounting Deputy position—the Finance Accounting Deputy position received a range adjustment in the Last union contract that brought disparity within the office. The position has a Large amount of Legal, responsibility with respect to monitoring and filing claims on bankruptcy cases. The position has a Large amount of responsibility in managing the property tax payment plans authorized by Law(this is a manual, process for the treasurer's office). Finance Accounting Deputy—IT—Billing Specialist—Senior Accounting Technician HR proposed range 24 Treasurer proposed range 26 Treasurer rational for higher range:This position is consistent with the duties performed by the Administrative Data Technician in the Assessor's Office at Range 26,, HR proposes creating a new range 24 within the AFSCME contract—which is necessary, but this would be the only position in that range. Human Resources rational is to maintain two steps between ranges. Budget impacts to the Treasurer's CE budget are approximately$21,363 to$29,446 for 2025. Budget impacts to the Treasurer's M&O budget are approximately$8,259 to $8,661 for 2025. I believe that the budget impact can be absorbed by the Treasurer's 2025 approved budget and will not require a budget amendment at this time. There maybe a needto move money from operations to salaries and benefits and we will Look at that closer to the end of the year. If it Looks Like a budget amendment is necessary,*it will beat the Lowest possible Level at year end. As you know, I have always budgeted for the Treasurer's Office expenses conservatively and in keeping with budget direction. I understand the implications of this request for the current year budget and more importantly future year budget projections. But I believe approval by the commission of this request is to the benefit of the county as a whole and serves to promote job growth within the Treasurer's Office. It has been difficult to hire and retain staff. I respectfully request that you consider and approve the reclassification request at the proposed Treasurer's ranges with implementation June 1, 2025. Sincerely. Elisabeth (Lisa) Frazier Mason County Treasurer HR Proposed HR Total$ Treasurer TR Total$ Current Position Title Proposed Position Title Current Range Range Change Proposed Range Change Cashier Customer Service Specialist 1 14 14 - 14 - Senior Cashier Customer Service Specialist 11 18 18 - 18 - Cashier Deputy Collections Customer Service Specialist I I 1 18 20 32826.95 22 72839.18 Cashier Deputy Foreclosure Lead Foreclosure Deputy 22 26 82751.72 26 82751.72 Finance Accounting Deputy Accounting Tech 20 22 42012.23 22 4,012.23 Finance Accounting Deputy-IT-Billing Specialist Senior Accounting Tech 22 24 4,279.49 26 8,751.72 Finance Accounting Deputy-Investments-Banking Lead Finance Specialist 22 26 8,751.72 26 8,751.72 Total Estimated Budget Impact 2025 29,622.12 38,106.57 Current Expense 212362.87 29,446.10 Treasurer's M&0 82259.25 82660.47 k Lisa Frazier From: Lisa Frazier Sent: Wednesday,April 9, 2025 1:21 PM To: Mary Ransier Cc: 'Tim Binschus';Anna Smith; Meghan Andrews Subject: RE: HR Reclass Recommendation -Treasurer M a ry, I will get with Jen to get this costed out and schedule a briefing. Thankyou. Elisabeth (Lisa) Frazier Mason County Treasurer PO Box 429 Shelton,WA 98584-0429 360-427-9670 Ext 484 emf@masoncountywa.gov From: Mary Ransier<MRansier@masoncountywa.gov> Sent: Wednesday, April 9, 2025 12:52 PM To: Lisa Frazier<Emf@masoncountywa.gov> Cc: 'Tim Binschus' <TimB@council2.com>; Anna Smith <ASmith@masoncountywa.gov>; Meghan Andrews <MeghanA@masoncountywa.gov> Subject: HR Reclass Recommendation -Treasurer Lisa, Attached are the position descriptions we have worked on with the Union. I have also attached what adding a Range 24 to the Contract would look like. Below is the summary of the recommendations. Before briefing, I would recommend maybe having Jen cost out the impact of this change for the BOCC to review. 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A ST Y RS 'UM .S DIRECTOR ... j y1V�� Tex.�;y.�t"'�i"•'psr �3�-. 2 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING ` April 21, 2025 Action Items• Hearings Examiners Comments and Recommendations for Road Vacations 421 —Fjord Holdings, LLC. Hearings Examiners Comments and Recommendations for Road Vacations 423 —old alignment of Johns Prairie Road. Discussion Items: Commissioner Follow-Up Items: —> Progress on SR 302 signage and SR 106 Union crosswalk. Upcoming Items• April 20th—26th National Volunteer Week April 21st—25th National Work Zone Awareness Week May 0 - IOth National Drinking Water Week May W'—24th National Public Works Week June 6t' Public Works/TIP-CAP presentation at Republican Women meeting SON Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Lovejoy Schaefer on behalf of Mike Collins Ext:456 Department: Public Works Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Road Vacation No. 421 —Hearings Examiner Recommendation Parcel 1 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots 1,2,3 &4, and Easterly of the vacated alley, all lying Northerly of the centerline of Finch Creek, all in Block 11,Plat of Hoodsport, as recorded in Volume 2 of plats,page 6,records of Mason County,Washington. Parcel 2 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots 5,6,7 & 8, and Easterly of the vacated portion of Grove Street on the North, all in Block 11,Plat of Hoodsport,as recorded in Volume 2 of plats,page 6,records of Mason County,Washington. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on Wednesday February 26,2025,at 1:00pm via zoom. This hearing was to consider vacating the above mentioned streets in the plat of Hoodsport, as recorded in Volume 2 of plats,page 6, as dedicated on August 1, 1890, in Mason County,Washington, as requested by Fjord Holdings,LLC. The Hearing Examiner issued his Findings of Fact, Conclusions of Law and Recommendation on March 1, 2025,recommending approval of the proposed vacation with the following condition. 1. The vacated area will still be subject to existing easements for ingress, egress, and drainage or other purposes, if any, and in accordance with RCW 36.87.140,retain an easement in favor of Mason County for any utilities and drainage present in the vacated right of way. Budget Impact(amount, funding source,budget amendment, etc.): The required administrative fee of$1,000 has been paid. The vacation area is classified as a"Class C" road. Per RCW 36.87.120&MCC 12.20.060,no compensation other than the administrative fee of the vacation action is due. Public Outreach: Public notice was provided as required by RCW 36.87.050,both by posting at the site and by publishing in the county official newspaper. Requested Action: Requesting the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 421. Attachment(s) 1. Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation 2. Order of Vacation 3. Map r � T RETURN TO: MASON COUNTY PUBLIC WORKS 100 W.Public Works Drive Shelton,WA 98584 RESOLUTION NO.2025- IN THE MATTER OF THE PETITION OF: ORDER OF VACATION VACATION FILE NO. 421 Parcel 1 RCW 36.87 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots L,2,3&4,and Easterly of the vacated alley, all lying Northerly of the centerline of Finch Creek,all in Block 11,Plat of Hoodsport,as recorded in Volume 2 of plats, page 6, records of Mason County,Washington. Parcel 2 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots 5,6,7&8,and Easterly of the vacated portion of Grove Street on the North,all in Block 11, Plat of Hoodsport, as recorded in Volume 2 of plats, page 6,records of Mason County,Washington. WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: Parcel 1 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots 1,2,3 & 4,and Easterly of the vacated alley, all lying Northerly of the centerline of Finch Creek, all in Block 11, Plat of Hoodsport,as recorded in Volume 2 of plats, page 6, records of Mason County, Washington. Parcel 2 Vacate all that portion of Mason Ave adjacent to and Easterly of Lots 5,6,7& 8,and Easterly of the vacated portion of Grove Street on the North, all in Block 11, Plat of Hoodsport,as recorded in Volume 2 of plats, page 6,records of Mason County, Washington. WHEREAS, the Mason County Board of Commissioners agreed on January 21, 2025, by adopting Resolution No. 2025-002 to publish and post, according to law, a notice of intent to close and vacate the described rights-of-way and set a virtual hearing for February 26, 2025, at 1:00 p.m.with the Mason County Hearing Examiner. Order of Vacation File No. 421 WHEREAS, the hearing was held on February 26, 2025, at 1:00 AM via Zoom and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS,the Hearing Examiner has rendered to the Board of Mason County Commissioners,his Findings of Fact,Conclusions of Law and Recommendations and the members of the Board have given them due consideration,and WHEREAS,the Petitioner,Fjord Holdings,LLC has paid in full the administrative fee of$1000.00, and for a"Class C"per MCC 12.20.040, 12.20.050, 12.20.060,& 12.20.080,no compensation other than for the administration fee is due; and NOW,THEREFORE,IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing private easements for ingress and egress or any other purpose and retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RC W 36.87.140. DATED this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Tim Whi Pat Tarzwell,Vice Chair Randy Neatherlin,Commissioner Cc:Assessor;Auditor; Treasurer;Petitioner; Public Works Dept.;GIS I BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 4 RE: Road Vacation No. 421 FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND RECOMMENDATION Petition for a Road Vacation 6 7 SUMMARY 8 Fjord Holdings, LLC requests the vacation of rights of way that adjoins property it 9 owns in the plat of Hoodsport. It is recommended that the County Commissioners 10 approve the vacation. 11 The Engineer's Report, Ex. 1,notes that the vacation area consists of vegetation, grass, landscape rock and a patio. The vacation area is unopened and has never been 12 maintained 13 The County staff stated the road areas are not deemed necessary for future use by the 14 County in its road system. The vacation areas in question have likely already been vacated as a matter of law under what is called the ancient right of way statute, RCW 15 36.87.090. Due to amendments made to the original statute in 1909, a court has ruled that he statute generally operates to vacate roads that were dedicated prior to March 11, 16 1904 and remained unused for a period of at least five years. See Gillis v. King County, 42 Wn.2d 373 (1953). The right of way was dedicated to the public on August 1, 1890, 17 when the plat of Hoodsport was originally platted. The formal vacation by the County 18 will add the vacated land to the County's tax roles and avoid the necessity of a clear title action by the property owner. 19 20 TESTIMONY 21 Tina Schaefer, Right of Way Agent Senior summarized the staff report. No one else 22 participated in the hearing. 23 EXHIBITS 24 The Decembrer 18, 2024 Engineer's Report — Road Vacation File No. 421 was 25 admitted as Exhibit 1 during the vacation hearing along with its three attachments as listed on Page 2 of the report. Road Vacation P. 1 Recommendation I FINDINGS OF FACT 2 Procedural: 3 • Hearing. A virtual hearing on the petition for vacation was held on February 26, 4 2025 at 1:00 pm via Zoom. 5 Substantive: 6 2. Site/Proposal Description. Fjord Holdings, LLC requests the vacation of rights of way that adjoins property it owns in the plat of Hoodsport. The company owns Lots 7 5,6,7 & 8, in Block 11 and a portion of Lots 1,2,3 & 4 and the vacated alley in Block 8 11, in the plat of Hoodsport, as recorded in Volume 2 of plats, page 6. The company has petitioned for the vacation of the deeded right of way as legally descsribed in 9 attachment Exhibit A to the staff report. 10 3. Utility of Vacation Area. The engineering report(Ex. 1)identifies that the roads are Class A roads for which no public expenditures have been made since the dedication 11 in 1890.The roads are not presently used as public roadways.As noted in the engineer's 12 report, Public Works staff have determined that the proposed vacation area is not necessary for future use in the County's road system. No lots will be landlocked as a 13 result of the proposal. The area proposed for vacation has no utility to the County. 14 4. Petition Includes Majority of Abutting Owners. As shown in Ex. B, the petitioners 15 own the majority of the areas abutting the vacation area. 16 CONCLUSIONS OF LAW 17 Procedural: 18 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the 19 authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. 20 21 Substantive: 22 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may 23 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 24 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of 25 law. MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation Road Vacation p. 2 Recommendation the receipt of just compensation from the person or persons benefiting from the 1 vacation. 2 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion 3 thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and 4 set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority 5 may: 6 (1) require the petitioners to make an appropriate cash deposit or furnish an 7 appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or 8 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover 9 such costs and expenses. 10 RCW 36.87.060: If the county road is found useful as apart of the county road system 11 it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 12 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the 13 requirements of the statutes and ordinances quoted above. The petitioners own the 14 majority of the abutting property to the vacation area as determined in Finding of Fact No. 4 and required by RCW 36.87.020. 15 As determined in Finding of Fact No. 3, the vacation area is not currently useful as a 16 part of the county road system as required by RCW 36.87.060. 17 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 18 classified as follows: 19 (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which 20 the county paid full fair market value of the fee simple estate. 21 (3)Class C. All roads that meet RCW 36.87.090 requirements. 22 4. Vacation Area Qualifies as Class A Road. As outlined in the Summary and Finding of Fact No. 2, the right of ways subject to the requested vacation are Class C roads. 23 MCC 12.20.050: Any person or persons desiring to have any portion of any county 24 road vacated shall be required by the Mason County board of county commissioners 25 as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. Road Vacation p. 3 Recommendation 5. Required Administrative Fees Paid. The engineer's report identifies that the I petitioners have paid the required $1000 administration fee. No compensation for the 2 right of way is required as concluded in Conclusion of Law No. 6. 3 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that 4 persons benefitting from the vacation thereof compensate Mason County as set forth in 5 the following schedule: 6 (1) Class A Roads. Fifty percent of the appraised value. (2) Class B Roads. One hundred percent of the appraised value. 7 (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. 8 At no time will the compensation for Class A or B roads be reimbursed less than the 9 county originally paid for the property. 10 6. Compensation Not Required. As previously noted,the vacation area is classified as 11 a"Class C"road and no compensation is due. 12 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the 13 county's approval of vacation. Said administrative costs shall include the costs of the 14 hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. 15 7. Required Deposit Paid. The engineer's report identifies that petitioners have paid 16 the required$1,000 deposit. 17 RECOMMENDATION 18 It is recommended that the Board of Commissioners approve the proposed vacation 19 subject to the following conditions. 20 1. The vacated area will be subject to existing easements for ingress, egress, and 21 drainage or other purposes, if any, and in accordance with RCW 36.87.140, retain an easement in favor of Mason County for any utilities and drainage present in the 22 vacated right of way. 23 DATED this 1st day of March, 2025. 24 25 Phil Olbrechts Mason County Hearing Examiner Road Vacation p. 4 Recommendation Road Vacation # 421 - Mason Ave o J � 2 � N'FINCH,CREEK-RD Mason Ave. `Z Mason St. Right-Of-Wa� As Built Right-Of-Way HWY 101 N STATE ROUTE 119 Vacation Area Q Parcels_Export O s Exhibit C SON Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Lovejoy Schaefer on behalf of Mike Collins Ext:456 Department: Public Works Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Road Vacation No. 423 —Hearings Examiner Recommendation Vacate all that portion of the old alignment of Johns Prairie Road lying Northerly of the new alignment and Westerly of Johns Creek Drive, and adjacent to Parcel B as delineated on Auditor's File No. 454652 and as shown on the official map of County Road Project# 1010, all lying within the Northeast quarter of the Southwest quarter, in Section 5,Township 20 North, Range 3 West,W.M. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on Wednesday February 26,2025,at 1:00pm via zoom. This hearing was to consider vacating the above mentioned street adjacent to Parcel B as delineated on Auditor's File No.454652 and as shown on the official map of County Road Project# 1010, in Mason County,Washington, as requested by the Mason County Commissioners. The Hearing Examiner issued his Findings of Fact,Conclusions of Law and Recommendation on March 1, 2025,recommending approval of the proposed vacation with the following conditions. Compensation required. The total right of way compensation would be $4,252.20. The compensation amount is being negotiated to be included in the sale of parcel#32005-31-60070. This sale is between Mason County and Thaddeus Bramford and Brenda Bramford. 1. The vacated area will still be subject to existing easements for ingress, egress, and drainage or other purposes, if any, and in accordance with RCW 36.87.140,retain an easement in favor of Mason County for any utilities and drainage present in the vacated right of way. Budget Impact(amount, funding source,budget amendment, etc.): The Mason County Commissioners initiated this vacation therefore no administrative fee is due. This road is classified as a"Class A"per RCW 36.87.120&MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent(50%)of appraised value. The square footage adjacent to Parcel#32005- 31-60070 is 5,595 sq ft, and the cost per square foot is $1.52. The compensation amount due is $4,252.20 and will be included in the sale of surplus property being parcel#32005-31-60070. Public Outreach: Public notice was provided as required by RCW 36.87.050,both by posting at the site and by publishing in the county official newspaper. Requested Action: Requesting the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 423. Attachment(s) 1. Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation 2. Order of Vacation 3. Map RETURN TO: MASON COUNTY PUBLIC WORKS 100 W.Public Works Drive Shelton,WA 98584 RESOLUTION NO.2025- IN THE MATTER OF THE PETITION OF: ORDER OF VACATION VACATION FILE NO. 423 Vacate all that portion of the old alignment of Johns RCW 36.87 Prairie Road lying Northerly of the new alignment and Westerly of Johns Creek Drive, and adjacent to Parcel B as delineated on Auditor's File No. 454652 and as shown on the official map of County Road Project#1010,all lying within the Northeast quarter of the Southwest quarter, in Section 5,Township 20 North,Range 3 West,W.M. WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: Vacate all that portion of the old alignment of Johns Prairie Road lying Northerly of the new alignment and Westerly of Johns Creek Drive, and adjacent to Parcel B as delineated on Auditor's File No. 454652 and as shown on the official map of County Road Project# 1010, all lying within the Northeast quarter of the Southwest quarter, in Section 5, Township 20 North, Range 3 West, W.M. WHEREAS, the Mason County Board of Commissioners agreed on January 21, 2025, by adopting Resolution No. 2025-004 to publish and post, according to law, a notice of intent to close and vacate the described rights-of-way and set a virtual hearing for February 26,2025, at 1:00 p.m,with the Mason County Hearing Examiner. WHEREAS, the hearing was held on February 26, 2025, at 1:00 AM via Zoom and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation;and WHEREAS,the Hearing Examiner has rendered to the Board of Mason County Commissioners,his Findings of Fact,Conclusions of Law and Recommendations and the members of the Board have given them due consideration,and Order of Vacation File No. 423 WHEREAS, the Petitioner, Mason County Commissioners initiated this vacation therefore no administrative fee is due. This road is classified as a "Class A" per RCW 36.87.120 & MCC 12.20.040, 12.20.050,& 12.20.060,compensation is fifty percent(50%)of appraised value. The square footage adjacent to Parcel#32005-31-60070 is 5,595 sq ft, and the cost per square foot is $1.52. The compensation amount due is$4,252.20 and will be included in the sale of surplus property being parcel#32005-31-60070; and NOW,THEREFORE,IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing easements for ingress, egress,drainage and other purposes,if any,and in accordance with RCW 36.87.140,and retaining an easement in favor of Mason County for any utilities and drainage present in the vacated road right-of-way. DATED this day of ,2025. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Trim White cad,Ch. DPA Pat Tarzwell,Vice Chair Randy Neatherlin,Commissioner Cc: Assessor;Auditor; Treasurer; Petitioner; Public Works Dept.;GIS I BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 4 RE: Road Vacation No. 423 FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND RECOMMENDATION Petition for a Road Vacation 6 7 SUMMARY 8 The County Commissioners initiated this vacation by Resolution 2025-004 on January 9 21, 2025. The vacation area is located near the intersection of E Johns Prairie Road 10 and E Johns Creek Dr. It is recommended that the County Commissioners approve the vacation. 11 Mason County Commissioners directed Public Works to vacate the right of way to clear 12 title for parcel an adjoining parcel for a County property sale. The right of way isn't 13 maintained any longer and is of no use to Mason County. 14 TESTIMONY 15 Tina Schaefer, Right of Way Agent Senior summarized the staff report. No one else 16 participated in the hearing. 17 EXHIBITS 18 The December 11,2024 Engineer's Report—Road Vacation File No.423 was admitted 19 as Exhibit 1 during the vacation hearing along with its three attachments as listed on Page 2 of the report. 20 21 22 FINDINGS OF FACT 23 Procedural: 24 ;025 Hearing. A virtual hearing on the petition for vacation was held on February 26, 25 at 1:00 pm via Zoom. Substantive: Road Vacation P. 1 Recommendation 2. Site/Proposal Description. The County Commissioners initiated this vacation by 1 Resolution 2025-004 on January 21, 2025. The vacation area is located near the 2 intersection of E Johns Prairie Road and E Johns Creek Dr. Mason County Commissioners directed Public Works to vacate the right of way to clear title for parcel 3 an adjoining parcel for a County property sale. The right of way isn't maintained any longer and is of no use to Mason County. 4 3. Utility of Vacation Area. The engineering report(Ex. 1)identifies that the vacation 5 area as a Class A road for which no public expenditures have been made. County staff 6 believe it was formed by prescription. The road is not presently used as public roadways. As noted in the engineer's report, Public Works staff have determined that 7 the proposed vacation area is not necessary for future use in the County's road system. No lots will be landlocked due to the proposal. The area proposed for vacation has no 8 utility to the County. 9 CONCLUSIONS OF LAW 10 Procedural: 11 12 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to the 13 Mason County Board of County Commissioners. 14 Substantive: 15 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements 16 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable 17 review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of 18 law. 19 MCC 12.20.010: County roads may be vacated in accordance with the provisions of 20 RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the 21 vacation. 22 RCW 36.87.010: When a county road or any part thereof is considered useless, the 23 board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the county road engineer to 24 report upon such vacation and abandonment. 25 RCW 36.87.060: If the county road is found useful as apart of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. Road Vacation p. 2 Recommendation 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the 1 requirements of the statutes and ordinances quoted above. The County Commissioners 2 initiated by vacation by Resolution No. 2025-004 as required by RCW 36.87.010. As determined in Finding of Fact No. 3, the vacation area is not currently useful as a part 3 of the county road system as required by RCW 36.87.060. 4 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 5 classified as follows: 6 (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which 7 the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. 8 4. Vacation Area Qualifies as Class A Road. As outlined in the Summary and Finding 9 of Fact No. 2, the right of ways subject to the requested vacation are Class C roads. 10 MCC 12.20.050: Any person or persons desiring to have any portion of any county 11 road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The 12 compensation rates include those rates set forth in Section 12.20.060, if any, and the 13 administration fee set forth in Section 12.20.080. 14 5. Required Administrative Fees Paid. 2. The road vacation was started at the direction of the County Commissioners; hence no administrative fee is due. 15 Compensation for the right of way is required as concluded in Conclusion of Law No. 6. 16 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of 1 roads or portions thereof within the classifications set forth in Section 12.20.040, that 18 persons benefitting from the vacation thereof compensate Mason County as set forth in the following schedule: 19 (1) Class A Roads. Fifty percent of the appraised value. 20 (2) Class B Roads. One hundred percent of the appraised value. 21 (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. 22 At no time will the compensation for Class A or B roads be reimbursed less than the 23 county originally paid for the property. 24 6. Compensation Required. As previously noted, the vacation area is classified as a 25 "Class A" road and compensation of 50% of appraised value is due. The area of the proposed road vacation is 5,595 sq feet. The square foot value of the property is $1.52. The total right of way compensation would be $4,252.20. The compensation amount Road Vacation p. 3 Recommendation is being negotiated to be included in the sale of parcel # 32005-31-60070. The sale is I between Mason County and Thaddeus Bramford and Brenda Bramford. 2 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a 3 payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the 4 hearing examiner in holding the public hearing and reporting recommendations to the 5 board of county commissioners. 6 7. No Required Deposit. No deposit is due since the vacation was initiated by the County Commissioners. 7 RECOMMENDATION 8 It is recommended that the Board of Commissioners approve the proposed vacation 9 subject to the following conditions. 10 1. The vacated area will be subject to existing easements for ingress, egress, and 11 drainage or other purposes, if any, and in accordance with RCW 36.87.140, retain an easement in favor of Mason County for any utilities and drainage present in the 12 vacated right of way. 13 DATED this 1st day of March, 2025. 14 15 Phil Olbrechts 16 Mason County Hearing Examiner 17 18 19 20 21 22 23 24 25 Road Vacation p. 4 Recommendation Road Vacation : 423 320052400000 320052490011 320052490012 320053100070 320053100000 320053100040 320053160070 320050060000 Q 320053100010 320053100090 ® Vacated Road 50 25 0 50 100 150 200 0 Tax Parcels mmi Feet 4 Cot,,1Tf Mason County Administrator 411 N 5tn Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator April 21, 2025 Specific Items for Review .09 Funds process—Jennifer Beierle Random Security Screening Policy—Nichole Wilston Sale of Public Works lot 5—Mark Neary Administrator Updates -> Meeting with City of Bremerton re: Belfair Sewer ILA Commissioner Discussion Calendar updates SON Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Jennifer Beierle Ext: 532 Department: Central Services Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• .09 Rural Sales and Use Tax award funding process Background/Executive Summary: The past practice for eligible agencies to apply for.09 Rural Sales and Use Tax funding has been limited. Annually funding is generally awarded to the Economic Development Council, Belfair Sewer, and the City of Shelton.Applications are briefed to the Board and then circulated for comment to the City of Shelton and port districts,as required by RCW 82.14.370(3)(b). The total award amount in 2025 was just over$672,000. In 2024,revenue from sales tax was approximately$1,180,000 and the cash balance in the fund at March 31,2025,was over$3,000,000. 1 would like to ask the Board of County Commissioners if they are interested in working with the Economic Development Council to expand the current process for awarding funds to include sending applications to projects that align with and are eligible under the Comprehensive Economic Development Strategy(CEDS)list. Budget Impact(amount, funding source,budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Discussion only Attachment(s): e��oN Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From:Nichole Wilston Ext:643 Department: Human Resources Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Proposal to implement a Security Checkpoint Random Screening Policy. Background/Executive Summary: In an effort to enhance the safety and security of county employees, visitors, and assets,this proposal recommends the adoption of a random security screening policy at designated county government buildings.The purpose of the policy is to deter unauthorized access, reduce the risk of contraband or weapons entering secured facilities, and reinforce a culture of safety.The screenings would be conducted at existing security checkpoints and would follow a randomized selection protocol to avoid profiling or bias.This policy aligns with best practices in public sector facility management and supports the county's ongoing efforts to ensure a safe and secure working environment. Budget Impact(amount, funding source,budget amendment, etc.):None, as the policy would utilize existing security personnel and infrastructure. Should the volume of screenings increase over time, a minor adjustment to the security staffing budget may be necessary.Any additional funding needs would be addressed in a future budget amendment or incorporated into the next fiscal year's planning. Public Outreach: None. Requested Action: Approval to move to action adoption of the proposed Security Checkpoint Random Screening Policy for designated county government facilities. Attachments) • Draft Security Checkpoint Random Screening Policy • Random Security Selection List-Example 1 Security Checkpoint Random Screening Policy Purpose To enhance the safety and security of county facilities by implementing a fair and impartial process for random screening of employees entering secure areas. Scope This policy applies to all county employees who access secure government facilities. Definitions Security Checkpoints: a designated area at the entrance of the securefacilitywhere individuals and their belongings are screened for potential security risks. Screeners: Pacific security staff. Dailing screening number (DSN): number of employees to be screened daily determined by a Random.org. Random.org: Computer-generated program used as a randomized numbering method. Policy Statement To maintain a secure workplace, random screenings may be conducted at security checkpoints. These screenings are not based on suspicion and are designed to deter unauthorized items and ensure compliance with county safety protocols. Screeners will have no involvement in determining which employees to screen.All employees must have their county issued badge visible when entering the security checkpoint. Procedures 1. Random Selection Process a. Screenings will be conducted using Random.org. b. For each month, the Facilities Manager will complete a Random Screening Selection List (RSSL) for each security checkpoint using Random.org to select the numbers for each day in the month and submit the RSSL to the screeners no later than the 25th of the preceding month. c. The RSSL will be used to identify the number of employees to be screened daily and by what counts between screenings. d. To determine the daily screening number, a random number will be selected between zero (0) and ten (10)for each day in the month and will be recorded on the RSSL. DRAFT Security Checkpoint Random Screening Policy 2 e. The number for the employee count between screenings will be based on the average daily patron count for each building. The average daily patron count will be assessed on a quarterly basis using the patron count for each building. f. To determine the number for the employee count between screenings, a random number will be selected between zero (0) and the average daily patron county (Example: 346). A number for the employee g. For each day in the month, the daily screening number determines the amount of random numbers selected for the employee count between screenings. h. If the randomly selected patron county number isn't an employee,the screener will perform a random screening on the next employee that comes through the security checkpoint and that number will be recorded on the RSSL in the designated area. i. Any employee who does not have their county issued badge on their person and displayed will be screened in order to pass through the security checkpoint. 2. Random Screening Procedure a. Employees will be asked to submit to inspection of bags, personal belongings, removal of belt, and/or walkthrough metal detector screening. b. Refusal to comply may result in denial of entry and referral to supervisory staff for follow-up. 3. Privacy& Professionalism a. All screenings will be conducted respectfully and professionally, maintaining the individual's dignity and privacy. b. Any findings during screening will be documented in accordance with the county policy. 4. Prohibited Items a. Employees are expected to be familiar with the list of prohibited items(e.g.,weapons, drugs, unauthorized recording devices). b. Violations will be reported to the appropriate authorities. 5. Exemptions a. Emergency responders or specific personnel maybe exempt under certain conditions,with prior approval. Review&Oversight This policy will be reviewed annually by the County Security Committee in conjunction with HR and Legal counsel to ensure compliance and effectiveness. DRAFT Security Checkpoint Random Screening Policy January 2025 Main Courthouse Random Screening Selection List Daily Day of the Screenings Patron Number between screenings Alternate patron Month (0-10) (based on avg. daily count) number screened Final Patron Count 1 8 4 10 2127 46 144 160 168 2 10 2 43 5162 91 100 101 113 118 161 3 3 17 27 133 4 5 8 11 14 41 145 5 10 9 12 22 32 57 74 94 101 121 157 6 3 79 88 124 7 1 71 8 7 18 19 49 50 58 78 91 9 6 1158 85 87 92 146 10 1 46 11 2 1930 12 10 18 27 59 85 9198 119 126 130 151 13 6 10 5195 99 144 149 14 9 3 42 55 65 99 111 129 131 143 15 9 16 45 8186 101 115 133 138 166 16 8 26 48 106 108 113 124 138 167 17 5 26 45 76 90 144 18 1 84 19 3 4 17 131 20 1 57 21 6 35 89 96 122 129 136 22 3 13 69 119 23 2 62 109 24 10 34 47 62 72 8192 100 125 131 153 25 1 64 26 6 14 44 47 77 98 153 27 7 5 14 16 55 73 128 158 28 1 117 29 3 44106167 30 2 60 102 311 6 140 84 123 124 130 152 SON Cov�;�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners Item No. From: Mark Neary Ext: 530 Department: Central Services Briefing: ❑X Action Agenda: Public Hearing: ❑X Special Meeting: ❑ Briefing Date(s): April 21,2025 Agenda Date(s): April 29 and May 13,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Sale of Real Property at 5 Public Works Drive, Shelton,WA Parcel No. 42002-13-90050 Background/Executive Summary: Parcel no. 42002-13-90050 was acquired in 2005 as a property exchange between Mason County Public Works and Manke Timber Company.This parcel was declared surplus by Resolution No. 32-19 on April 16, 2019. The parcel is surveyed at 6.1 acres. Mason County received an offer in the amount of$450,000 from David C. Bayley and/or assigns for parcel no. 42002-13-90050. The offer from David C. Bayley is $50,000 over the appraised value. Budget Impact(amount, funding source,budget amendment, etc.): $450,000 increase to Mason County Road Fund. Public Outreach: Notice of Hearing published in the Shelton-Mason County Journal. Requested Action: Approval to set a Public Hearing for Tuesday, May 13,2025, at 9:15 a.m. to consider sale of real property at 5 Public Works Drive, Shelton,WA,parcel no. 42002-13-90050. In the amount of$450,000 to David C Bayley and/or assigns. Attachment(s) NOH Purchase& Sale Agreements Resolution NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,May 13th,2025 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of 5 Public Works Drive, Shelton, WA Parcel No. 42002-13-90050. In the amount of$450,000 to David C Bayley and/or assigns. Public testimony will be available in-person or via Zoom. The URL is available on the County website bgs://www.masoncountywa.gov/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith(amasoncountywa.gov or mail to the Commissioners' Office, 411 N 5t' St, Shelton, WA 98584; or call(360)427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427- 9670 ext. 419. DATED this 291" day of April,2025. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Bill: Public Works 100 W Public Works Dr. Shelton,WA 98584 Cc: Commissioners Public Works Shelton Journal: Publ. 2t: May 1, 2025 &May 8,2025 RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS,Mason County owns the real property parcel no. 42002-13-90050, located at 5 Public Works Drive, Shelton,WA 98584 that was declared surplus by Resolution No. 32-19 at a public hearing on April 16,2019; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS,Mason County has received an offer to purchase the property in the amount$450,000 from David C. Bayley and/or assigns and a public hearing was held on May 13,2025 to consider the offer; NOW,THEREFORE,BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that the property described above(parcel no.42002-13-90050)is approved at the price of$450,000 to David C.Bayley and/or assigns; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally,to Public Works; and BE IT FURTHER RESOLVED, that Commissioner Randy Neatherlin is authorized to sign the related closing documents and the Property Manager initiate payment of 8%fee of sale price to the County's real estate agent. DATED this 29`h day of April,2025. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Pat Tarzwell,Vice Chair Tim Whitehead,Chief DPA Randy Neatherlin,Commissioner Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224a22F75A ©Commercial Brokers Association ACBA ALL RIGHTS RESERVED Form:PS 1A J Purchase&Sale Agreement Rev.9/2024 Page 1 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT SPECIFIC TERMS Reference Date:March 14,2025 Offer Expiration Date: 3/21/2025 5:OOpm (the third day after Reference Date,if not completed) 1. PROPERTY:The Property is legally described on Exhibit A.Address: 5 W Public Works Drive City of Shelton ,Mason County,Washington.Tax Parcel No(s):420021390050 Included Personal Property: ❑ None; ❑ If on and used in connection with the Property, per Section 26(None, if not completed). 2. BUYER(S): David C.Bayley and or assigns a(n) 3. SELLER(S): Mason County a(n) 4. PURCHASE PRICE:$ 450,000.00 Four Hundred Fifty Thousand Dollars Payable as: [91 Cash; ❑ Financing(attach CBA Form PS—FIN); ❑ Other: 5. EARNEST MONEY:$5,000.00 Dollars; Held by: ❑ Buyer Brokerage Firm; X Closing Agent Form of Earnest Money:❑ Wire/Electronic Transfer;❑ Check; ❑ Note(attach CBA Form PS_EMN);❑ Other: Earnest Money Due Date: [K 10 days after Mutual Acceptance; ❑ days after the Feasibility Contingency Date;or❑ 6. FEASIBILITY CONTINGENCY DATE: waived (30 days after Mutual Acceptance if not completed.) 7. CLOSING DATE: ❑X 10/l/2025 ; ❑ days after 8. CLOSING AGENT:Aegis Land Title,Colleen Reamer 9. TITLE INSURANCE COMPANY:Aegis Land Title and Escrow 10. DEED: F)CI Statutory Warranty Deed;or ❑ Bargain and Sale Deed. 11. POSSESSION: X on closing; ❑Other: (on closing if not completed). 12. SELLER CITIZENSHIP(FIRPTA):Seller❑ is; © is not a foreign person for purposes of U.S. income taxation. 13. BUYER'S DEFAULT: (check only one)© Forfeiture of Earnest Money;❑Seller's Election of Remedies. 14. SELLER'S DEFAULT: (check only one)© Recover Earnest Money or Specific Enforcement; ❑ Buyer's Election of Remedies. 15. UNPAID UTILITIES: Buyer and Seller® Do Not Waive(attach CBA Form UA);❑Waive 16. AGENCY DISCLOSURE: Buyer represented by: ❑ Buyer Broker; ❑ Buyer/Listing Broker(limited dual agent);0 Unrepresented Seller represented by: ❑X Listing Broker; ❑ Buyer/Listing Broker(limited dual agent); ❑ Unrepresented 17. BUYER BROKERAGE FIRM COMPENSATION:See Section 47. 18. EXHIBITS AND ADDENDA.The following Exhibits and Addenda are made a part of this Agreement: ❑ Earnest Money Promissory Note, CBA Form EMN ❑ FIRPTA Certification, CBA Form 22E ❑ Blank Promissory Note, LPB Form No.28A ❑ Assignment and Assumption,CBA Form PS-AS ❑ Blank Short Form Deed of Trust, LPB Form No.20 © Addendum/Amendment, CBA Form PSA ❑ Blank Deed of Trust Rider, CBA Form DTR ❑ Utility Charges Adde dum, CBA Form UA � 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED t Form:PS 1A v Purchase&Sale Agreement Rev.9/2024 Page 2 of 17 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) ❑ Back-Up Addendum, CBA Form BU-A ❑ Vacant Land Addendum, CBA Form VLA ❑ Financing Addendum, CBA Form PS FIN ❑ Tenant Estoppel Certificate, CBA Form PS TEC ❑ Defeasance Addendum, CBA Form PS D ❑ Lead-Based Paint Disclosure,CBA Form LP-LS ❑ Other ❑ Other INITIALS: Buyer Date 03/14/2025 Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED '\\\•111VVVI11,///` Form:PS_1A Purchase&Sale Agreement Rev.9/2024 Page 3 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 19. IDENTIFICATION OF THE PARTIES.The following is the contact information for the parties involved in this Agreement: Bu er s : Sellers : Contact:David C.Bayley and or assigns Contact: Mason County Address: Address: Business Phone: Business Phone: (360)427-9670 Cell Phone: Cell Phone: Fax: Fax: Email:bayleyd@protonmail.com Email: Buyer Brokerage Firm Listing Firm Name:Richard Beckman Rlty Group LLC Name:Richard Beckman Rlty Group LLC Assumed Name: Assumed Name: Buyer Broker: Richard Beckman Listing Broker:Richard Beckman Firm Address:PO Box Y Shelton WA 98584 Firm Address: 117 N 8th St Shelton WA 98584 Firm Phone:(360)426-5521 Firm Phone:(360)426-5521 Broker Phone:(360)358-5567 Broker Phone:(360)358-5567 Firm Email: Firm Email:mail@richardbeckman.com Broker Email: richard@riclardbeckman.com Broker Email:richard@richardbeckman.com Fax.t360)426-1645 Fax:(360)426-1645 CBA Office No..4537 9628 CBA Office No.:4537 9628 Copy of Notices to Buyer to: Copy of Notices to Seller to: Name: Name: Company: Company: Address: Address: Business Phone: Business Phone: Fax: Fax: Cell Phone: Cell Phone: Email: Email: 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED ''v,` Form:PS_1A Purchase&Sale Agreement Rev.912024 Page 4 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) GENERAL TERMS 20. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon. Unless expressly provided otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller's rights, title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii) all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and subleases; and (v) all included personal property. 21. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the Earnest Money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the day(if not filled in, the second day)following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the Earnest Money shall be refunded to Buyer. No acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or counteroffer from Seller is effective until a signed copy is received by Buyer, the Buyer Broker or the licensed office of the Buyer Broker. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by the offeror, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to that party and shall be effective when received by that party. 22. Earnest Money. Buyer Broker and Buyer Brokerage Firm are authorized to transfer Earnest Money to Closing Agent as necessary. Buyer Brokerage Firm shall deposit any check to be held by Buyer Brokerage Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money is to be held by Buyer Brokerage Firm and is over$10,000, it shall be deposited to:❑ the Buyer Brokerage Firm's pooled trust account(with interest paid to the State Treasurer); or ❑ a separate interest bearing trust account in Buyer Brokerage Firm's name, provided that Buyer completes an IRS Form W-9 (if not completed, separate interest bearing trust account). The interest, if any, shall be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be applicable to the Purchase Price. 23. Title Insurance. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Buyer Broker or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a standard coverage owner's policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to apply for an extended coverage owner's policy of title insurance and any endorsements, provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, the cost of any endorsements requested by Buyer, and the cost of any survey required by the title insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise,the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. F� la 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED ''v,+ Form:PS 1A Purchase&Sale Agreement Rev.9/2024 Page 5 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (a) days (20 days if not completed)after receipt of the preliminary commitment for title insurance; or(b)the Feasibility Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the Earnest Money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of such objections Seller shall give notice, in writing, of its intent to remove all objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all disapproved objections,this Agreement shall automatically terminate and Buyer shall receive a refund of the Earnest Money, less any costs advanced or committed for Buyer, unless Buyer notifies Seller within three(3)days that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within three (3)days of receipt of the supplemental report by Buyer and Seller's response or Buyer's waiver must be delivered within two (2)days of Buyer's notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however,that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the"Permitted Exceptions." Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner's Policy of Title Insurance with standard or extended coverage (as specified by Buyer)dated as of the Closing Date in the amount of the Purchase Price, insuring that fee simple title to the Property is vested in Buyer, subject only to the Permitted Exceptions ("Title Policy"), provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company's receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 24. Feasibility Contingency. Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction, in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances;the contracts and leases affecting the Property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility contingency shall be deemed to be satisfied and Buyer 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authenlisign ID:7ECDCBDB-1 DO1-F011-90CE-00224822F75A ©Commercial Brokers Association ALL RIGHTS RESERVED '\\\,\\\VVVIII,JJI`CBA Form:PS 1A Purchase&Sale Agreement Rev.9/2024 Page 6 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a. Books, Records, Leases, Agreements. Within days (3 days if not filled in) Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct and complete copies of all documents in Seller's possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by- suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys; any existing inspection reports; and "Vendor Contracts"which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine by the Feasibility Contingency Date: (i)whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii)whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer's convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 26. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property, including without limitation,the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent,which shall not be unreasonably withheld, conditioned or delayed. Buyer shall restore the Property and [I im rovements to substantially the same condition they were in prior to inspection. Buyer shall 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authenlisign ID:7ECDCBDB-1 DO1-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED '\\\'111VVVI►I,111` Form:PS_1A Purchase&Sale Agreement Rev.9/2024 Page 7 of 17 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts'fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents, which obligation shall survive closing. Buyer may continue to enter the Property in accordance with the terms and conditions set forth in this Section 24 after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. ❑ (check if applicable)Access Insurance. Notwithstanding anything in this Section 24 to the contrary, prior to entering the Property and while conducting any inspections pursuant to subsection (b)above, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b)deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. d. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. "Form 17")if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental"section of the Form 17 which shall be provided by Seller. 25. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract,the deed shall include a contract vendee's assignment sufficient to convey after-acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 26(b)and all intangible property transferred pursuant to Section 26(b). 26. Personal Property. a. If this sale includes the personal property located on and used in connection with the Property,Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten(10)days of Mutual Acceptance. The value assigned to any personal property shall be $ (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Buyer Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 25 above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation:all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway,street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural o_pn ineering work product; all governmental permits, certificates, licenses, authorizations and aa 03/14/2025 INITIALS: Buyer Date Seiler Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED ''v,` Form:PS 1A Purchase&Sale Agreement Rev.9/2024 Page 8 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 27. Seller's Underlying Financing. Unless Buyer is assuming Seller's underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any"lock out"or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as "defeasance"). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 28. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the Purchase Price less any costs or other amounts to be paid by Seller at Closing. "Closing" shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even if they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility Contingency Date that Seller's underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three (3)-day closing process described in CBA Form PS—D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 29. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled Closing Date in the form required by Section 24(a)and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date; interest; utilities; and other operating expenses shall be pro-rated as of Closing. Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11:59 pm Pacific Time on the day preceding the Closing Date, and Buyer will be charged 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association C6CBA ALL RIGHTS RESERVED ' Form:PS IA Purchase&Sale Agreement Rev.9/2024 Page 9 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) and credited for all of the pro-rated items relating to the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. 30. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15)days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the Closing Date, and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment), then the allocations and prorations at Closing shall be binding and conclusive against such party. 31. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement.After the Feasibility Contingency Date, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business),service contracts,or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent, which shall not be withheld unreasonably. 32. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED '\\\'111VVVI11,` Form:PS_1A Purchase&Sale Agreement Rev.9/2024 Page 10 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) 33. Seller's Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement, and no further consent, waiver, approval or authorization is required from any person or entity to execute and perform under this Agreement;(b)The books,records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property, are true, accurate and complete to the best of Seller's knowledge, and no other contracts or agreements exist that will be binding on Buyer after Closing; (c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g)Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 29 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property; Q)Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k) Neither Seller nor any of its respective partners, members, shareholders or other equity owners, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury(including those named on OFAC's Specially Designated and Blocked Persons List)or under any statute or executive order;and(1)the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller.As used herein, the term"Hazardous Substances"shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances"specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery, then the party discovering the 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association 11 ALL RIGHTS RESERVED t rB/� Form:PS 1A J V /"` Purchase&Sale Agreement Rev.9/2024 Page 11 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) information shall promptly notify the other party in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller notice of such termination within five (5) days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5) day period), and in such event, the Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within five (5)days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. 34. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller makes no representations or warranties regarding the Property; (b)Seller hereby disclaims, and Buyer hereby waives,any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, suitability for Buyer's intended use, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (c) Buyer takes the Property "AS IS" and with all faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 35. Buyer's Representations. Buyer represents that Buyer is authorized to enter into the Agreement; to buy the Property; to perform its obligations under the Agreement; and that neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated hereby will: (a)conflict with or result in a breach of any law, regulation, writ, injunction or decree of any court or governmental instrumentality applicable to Buyer; or(b) constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound. The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act on behalf of and bind Buyer. 36. Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive for a period of nine (9) months from the Closing Date, at which time such representations and warranties (and any cause of action resulting from a breach thereof not then in litigation, including indemnification claims) shall terminate. Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim against Seller for damages for breach or default of any representation or warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000; and(b) under no circumstances shall Seller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equal to $250,000, except in the event of Seller's fraud or intentional misrepresentation with respect to any representation or warranty regarding the environmental condition of the Property, in which case Buyer's damages shall be unlimited. 37. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the Earnest Money if improvements on the Property are materially damaged or if condemnation proceedings are commenced against all or a portion of the Property before Closing, to be exercised by notice to Seller within ten (10) days after Seller's notice to Buyer of the occurrence of the damage or condemnation proceedings. Damage will be considered material if the cost of repair exceeds the lesser of 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224822F75A ©Commercial Brokers Association 1' /�ALL RIGHTS RESERVED tJ CB Form:PS_1A P� Purchase&Sale Agreement Rev.9/2024 Page 12 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) $100,000 or five percent (5%) of the Purchase Price. Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated to repair any damage, and shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 38. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification(CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 39. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 19. A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Buyer Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 19. A notice to Buyer shall be deemed delivered only when received by Buyer and Buyer Broker, or the licensed office of Buyer Broker. Buyer Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Buyer Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 19. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Buyer Broker and Buyer Brokerage Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement; or (ii) Buyer Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment).At the request of either party,or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 40. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1 D01-F011-90CE-00224822F75A ©Commercial Brokers Association 1' ALL RIGHTS RESERVED C CB Form:PS 1A J v r` Purchase&Sale Agreement Rev.9/2024 Page 13 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) business day. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. 41. Assignment. Buyer's rights and obligations under this Agreement are not assignable without the prior written consent of Seller, which shall not be withheld unreasonably; provided, however, Buyer may assign this Agreement without the consent of Seller, but with notice to Seller, to any entity under common control and ownership of Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. If the words"and/or assigns"or similar words are used to identify Buyer in Section 2, then this Agreement may be assigned with notice to Seller but without need for Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of Seller financing. 42. Default and Attorneys' Fees. a. Buyer's default. In the event Buyer fails,without legal excuse,to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the Earnest Money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii. Seller's Election of Remedies. Seller may, at its option, (a)terminate this Agreement and keep that portion of the Earnest Money that does not exceed five percent(5%)of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c)bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then the applicable provision as identified in Section 14 shall apply: i. Recover Earnest Money or Specific Enforcement. As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all Earnest Money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or(b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60)days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing, whichever is earlier. ii. Buyer's Election of Remedies. Buyer may, at its option, (a)bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c)pursue any other rights or remedies available at law or equity. c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys'fees and costs. In the event of trial, the amount of the attorneys' fees shall be fixed by the court. The venue of any 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-lD01-F011-90CE-00224822F75A ©Commercial Brokers Association CBA ALL RIGHTS RESERVED ',v,` Form:PS_1A Purchase&Sale Agreement Rev.9/2024 Page 14 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 43. Miscellaneous Provisions. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement,and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys'fees and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged. In addition, notwithstanding Section 41 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 44. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10)days of Seller's written request copies of all materials received from Seller and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 45. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 46. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm's Designated Broker, Buyer Brokerage Firm's Branch Manager(if any)and any of Buyer Brokerage's Firm's Managing Brokers who supervise Buyer Broker represent the same party that Buyer Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager (if any), and any of Listing Firm's Managing Brokers who supervise Listing Broker represent the same party Ll 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1 DO 1-FO1 1-90CE-00224822F75A ©Commercial Brokers Association /O CBA ALL RIGHTS RESERVED '\\\',,,VVV/►/,///` Form:PS 1A Purchase&Sale Agreement Rev.9/2024 Page 15 of 17 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) that the Listing Broker represents. All parties acknowledge receipt of the pamphlet entitled "Real Estate Brokerage in Washington." 47. Buyer Broker's Compensation Disclosure. a. Compensation from Seller. The compensation offered and paid to Buyer Brokerage Firm by Seller for providing buyer brokerage services to Buyer related to the Property is: 0 Offered:4 % of purchase price; Paid:4 % of purchase price ❑ Offered: $ ; Paid: $ ❑ Offered: Other: ; Paid: Other: b. Compensation from Listing Firm. The compensation offered and paid to Buyer Brokerage Firm by the Listing Firm for providing buyer brokerage services to Buyer related to the Property is: ❑ Offered:4 % of purchase price; Paid:4 % of purchase price Offered: $ ; Paid: $ ❑ Offered: Other: ; Paid: Other: 48. Seller's Acceptance and Brokerage Agreement.Seller agrees to sell the Property on the terms and conditions herein. The Listing Firm's compensation shall be paid as specified in the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay to Listing Firm compensation of 8 % of the sales price or $ . The compensation to Buyer Brokerage Firm shall be paid as set forth in this Agreement. Seller and Buyer consent to Listing Firm and Buyer Brokerage Firm receiving compensation from more than one party and to the sharing of compensation between firms. Seller and Buyer hereby assign to Listing Firm and Buyer Brokerage Firm, as applicable, a portion of their funds in escrow equal to such compensation and irrevocably instruct the Closing Agent to disburse the compensation directly to the Firm(s). In any action by Listing Firm or Buyer Brokerage Firm to enforce this Section,the prevailing party is entitled to reasonable attorneys'fees and expenses.The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 45 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. Listing Broker and Buyer Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE BUYER BROKER, LISTING BROKER,AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224822F75A ©Commercial Brokers Association /0 CBA ALL RIGHTS RESERVED ''v,` Form:PS_1A Purchase&Sale Agreement Rev.9/2024 Page 16 of 17 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer David C.Bayley and or assigns Buyer tI ear 5 Printed name and type of entity Printed name and type of entity Buyer �uu C.�17 Buyer Signature and title Signature and title 03/14/2025 Date signed Date signed Seller Mason County Seller Printed name and type of entity Printed name and type of entity Seller Seller Signature and title Signature and title Date signed Date signed � 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1D01-F011-90CE-00224822F75A ©Commercial Brokers Association IVVVIIIr///`CBA ALL RIGHTS RESERVED '\\\'\\\ Form:PS 1A Purchase&Sale Agreement Rev.9/2024 Page 17 of 17 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) EXHIBIT A* [Legal Description] * To e ure accuracy in the legal description, consider substituting the legal description contained in the preliminary c mitment for title insurance or a copy of the Property's last vesting deed for this page. Do not neglect to label e substitution "Exhibit A." You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Authentisign ID:7ECDCBDB-1 DO1-F011-90CE-00224822F75A ©Commercial Brokers , Association 2020 ALL RIGHTS RESERVED CBA Form PSA n Addendum/Amendment 11111110*Qf0WILC to PSA Rev.7/2020 Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement with Reference Date March 14,2025 (the"Agreement') betweenDavid C.Bayley and or assigns ('Buyer") and Mason County ("Seller") regarding the sale of the property located at 5 W Public Works Drive Shelton WA 98584 (the"Property"). IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 1.This agreement is contingent upon the Mason County Commissioners approval of this purchase and sales agreement,in an open public meeting. 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 3.Escrow shall be Aegis Land Title,Colleen Reamer. 4.Buyer shall pay for the Aegis Land Title Insurance policy. 5.Buyer shall pay all current and past due Association dues. 6.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of Washington. 7.Commissioner Randy Neatherlin will sign for Mason County. 8.Seller has never occupied the property. ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. E 03/14/2025 INITIALS: Buyer Date Seller Date Buyer Date Seller Date Aulhentisign ID:7ECDCBDB-lDO1-F011-90CE-00224822F75A EXHIBITA Tax Account No.: 42002-13-90050 Lot 5 of Short Subdivision No.3123,recorded December 4,2018, in Volume 4 of Short Plats,page 56, Auditor's File No.2103192,and being a portion of the West half of the Northeast quarter of Section 2, Township 20 North, Range 4 West,W.M.,in Mason County,Washington; TOGETHER WITH and SUBJECT TO an easement for ingress,egress,drainage and utilities,60 feet in width, including cul-de-sacs having radii of 50 feet,and including additional width for curves at angle points,as shown on the map of Short Subdivision No.3123, recorded December 4,2018, in Volume 4 of Short Plats, page 56,Auditor's File No.3103192. z�a 03/14/25