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2024-06-18 Council PPW Packet2
OF BbMG
ti Agenda
Edmonds City Council
1,00
PARKS AND PUBLIC WORKS COMMITTEE
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
J U N E 18, 2024, 1:30 PM
COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF.
COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN
CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A
COMPUTER OR SMART PHONE:
HTTPS://ZOOM. US/J/95798484261
OR JOIN BY DIAL -UP PHONE:
US: +1 253 215 8782
WEBINAR ID: 957 9848 4261
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF
THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR
PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121
5TH AVE N, EDMONDS WA.
COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX-
OFFICIO MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Creative Dist. Gateway Art RFQ (10 min)
2. Presentation of Perrinville Flow Reduction Study Update - Interlocal Agreement (ILA) between
the Cities of Edmonds and Lynnwood (10 min)
3. Presentation of Professional Services Agreement for Perrinville Flow Reduction Study Update
(30 min)
4. Presentation of Subaward Safety Action Plan Agreement between Puget Sound Regional Council
and City of Edmonds (10 min)
5. Presentation of Supplemental Agreement with WSP for construction management services on
the 76th Ave Overlay project. (5 min)
6. Presentation of Supplemental Agreement with SCJ for Hwy 99 Revitalization Stage 3 (10 min)
7. Presentation of 7317 Lake Ballinger Way Property Purchase (10 min)
Edmonds City Council Agenda
June 18, 2024
Page 1
8. 84th Ave W Walkway (234th St SW — 238th St SW) Project Update (10 min)
9. Authorization to purchase (1) 2024 Freightliner 800 Series Jet Truck (5 min)
10. Council Rules of Procedure Section 1 & 2 Authority and Council Organization (10 min)
ADJOURNMENT
Edmonds City Council Agenda
June 18, 2024
Page 2
2.1
City Council Agenda Item
Meeting Date: 06/18/2024
Creative Dist. Gateway Art RFQ
Staff Lead: Todd Tatum
Department: Arts Commission
Preparer: Laurie Rose
Background/History
At the end of 2018 the Edmonds Downtown Creative District was certified at the first Washington State
Creative District. At the end of 2023 the district was recertified by the State Arts Commission (ArtsWA).
As a certified Creative District Edmonds was eligible to apply for grant funding from ArtsWA for 2024-25.
The required match for the grant was met by a donation from the Edmonds Arts Festival Foundation. The
City was subsequently awarded a capital grant of $60,000 to create a public art installation at Anway
Park as a welcoming gateway to the Edmonds Creative District to be developed in partnership with the
Edmonds Arts Festival Foundation and the public art process facilitated by the Edmonds Arts
Commission.
Public art projects with a significant budget are brought to City Council to provide information about the
project and to request approval for the call for artists to be advertised.
Staff Recommendation
Approve RFQ for Artists for Creative District Gateway Project and move to consent agenda.
Narrative
The goal of the Gateway Art Project is to create a welcoming and engaging art installation at Anway Park
which is adjacent to the ferry holding lanes for the Edmonds -Kingston ferry. The installation and
associated informational elements will highlight the Edmonds Creative District, and visually invite people
to engage in the arts in Edmonds. The site provides opportunity for either a single art element or a series
of elements that work with the park layout and restrooms building.
The total grant and matching is $120,000. The budget for the artwork is $115,000. In addition, the
Edmonds Arts Festival Foundation is donating up to $15,000 to cover the expenses of developing final
proposals by 3 artists from which the final selection will be made. A separate budget of $5,000 will be
allocated from the grant for informational elements.
The funding has been confirmed and the next step is to advertise a call for artists. The call for artists is a
Request for Qualifications and from the pool of applicants up to 3 will be selected and paid an
honorarium to create original site -specific proposals for the site.
Attachments:
anway map
Anway
Example RFQ for CC
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DRAFT — City of Edmonds Creative District Gateway Project Call -To -Artists
Request for Qualifications [RFQ]
Edmonds, WA
The City of Edmonds Arts Commission is seeking an artist or artist -led team to create a site -specific commission
as a welcoming feature for the Edmonds Creative District located in Anway Park adjacent to the ferry holding
lanes off of Sunset Avenue by James St. Up to three artists will be selected based on qualifications and will be
compensated for development of site -specific creative concept proposals.
Project budget: $115,000
Up to three finalists will each be paid $1,700 to attend an orientation and to develop and present a site -specific
design proposal.
The remaining $115,000 constitutes the total final design, fabrication, and installation budget for the selected
artist.
Eligibility: Open to professional artists living in WA, OR, or CA.
Deadline: Aug 19, 2024 (final dates TBD)
Application: On-line application through Submittable is required.
https://citvofedmondsartscommission.submittable.com/submit
OPPORTUNITY
The aim of this opportunity is to draw in visitors with an engaging artwork installation that reflects
community creativity. Designated as the State's first Certified Creative District in late 2018, downtown
Edmonds is a vibrant hub for cultural activities and creative businesses. The City of Edmonds Arts
Commission, in partnership with the Edmonds Arts Festival Foundation, and the Edmonds Creative
District is seeking an artist or artist -led team to design, fabricate and install site -specific artwork for a
proposed Creative District Gateway project which incorporates art at a key entry point for visitors to
Edmonds and for visitors passing through Edmonds on their way to the Olympic Peninsula via the ferry.
The location, Anway Park, provides an opportunity for a creative visual installation that will draw people
in and bring focus to the arts and cultural elements integral to Edmonds Creative District. In addition to
the artwork, informational elements about the Creative District will be located in the park.
The project supports the three main goals of the Edmonds Creative District: to enhance the creative identity of
Edmonds; enhance creative experience and placemaking; and support retention and expansion of a strong
creative sector through engagement in art. The Gateway Project addition of visually engaging artwork and
information about the Edmonds Creative District will provide both a welcoming focal point and a resource for
visitors who plan to return to the Creative District.
SITE LOCATION
Anway Park is a small City Park located next to the ferry holding lanes, adjacent to the public bathrooms, a dog
walk area and a coffee stand. It is used by thousands of travelers on the Edmonds -Kingston ferry as well as being
on popular walking routes. The commission may be for a single element or a series of elements that work in
conjunction with park entry access, landscaping and restroom building within the constraints of Washington
State Department of Transportation (WSDOT) right of way. The site has a central pathway which previously
supported a large art element (subsequently relocated), and a small concrete sculpture is located on the east
edge of the site. Locations for proposed art elements are flexible but require final approval from the Parks
Department. The main sidewalk adjacent to the holding lanes and a portion of the adjoining lawn is WSDOT right
of way.
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2.1.c
BUDGET
A budget of $115,000 is available for the final design, fabrication and installation of the artwork by the
selected artist/artist team. The budget includes, but is not limited to: artist fees, materials, fabrication,
storage, delivery, foundation design/engineering, site preparation and foundation construction,
insurance, travel, and sales tax. Access for installation will be arranged with WSDOT/WSF by the City.
The selected artist/artist team will be encouraged to work closely with City staff on integrating the
proposed artwork into the park property and landscape.
SELECTION PROCESS
The artist for this commission will be selected through an RFQ process, with the final artwork decided on
the basis of competitive proposals. The selection panel will include members representing the City
Council, Arts Commission, Edmonds Arts Festival Foundation, Edmonds Creative District, and a member
at large or an arts professional.
Based on review of qualifications, the artist selection panel will invite up to three (3) finalists to prepare
site -specific design proposals. Finalists will be required to participate in an on -site orientation before
preparing their proposal materials. Finalists each receive a $1,700 stipend to attend the orientation,
develop a conceptual design proposal, and present the proposal to the selection panel at an in -person
public meeting. In addition to the proposal fee, out -of -region finalists will be partially reimbursed for pre -
approved travel costs for one trip to Edmonds to participate in the proposal presentation.
Following the public meeting and review of comments, the selection panel will reconvene to review the
finalists' proposals and select one artist for the commission.
The selected artist will be required to present their proposal to the Edmonds City Council for approval
during a Public Hearing. Approved travel costs for the selected artist to present their proposal in person
will be paid by the City.
Proposals not selected will remain the property of the finalists.
SCHEDULE (final dates TBD)
Selection Process
Call for Artists RFQ Released
Deadline for Entry
Selection Panel Meeting #1
Notification of Finalists
Finalist Orientation
Presentation of Proposal at Public Meeting
Notification of Selected Proposal
City Council with Public Hearing
Final design work, fabrication, installation
Final Installation of art elements completed
June 27, 2024
Aug 19, 2024
Aug xx,2024
Aug 30, 2024
TBD (Sept 4-6, 2024)
TBD — Oct xx, 2024
TBD -
TBD — Oct 2024
November 2024 — May 2025
June 6, 2025
*Applicants should be available in this timeframe to participate in an in -person site orientation if
selected as a finalist.
CRITERIA FOR SELECTING FINALISTS
Finalists will be selected on the basis of the following criteria:
• Strong, innovative approach to design as demonstrated in the submitted application materials;
• Experience in creating durable works of art for exterior sites which contribute to placemaking;
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2.1.c
• Perceived ability to create an engaging, welcoming experience;
• Perceived ability to engage people of all ages and backgrounds;
• Understanding of the project.
The selection panel reserves the right to make no selection from the submitted applications or finalist
interviews. The panel's recommendations are subject to approval by the Edmonds Arts Commission,
Edmonds Arts Festival Foundation and Edmonds City Council.
APPLICATION MATERIALS
Cover Letter —In 500 words or less, describe your interest and abilities relative to the commission goals, and
how you would approach this commission considering your past work. Specifically address the selection
criteria, including your innovative design approach, experience with exterior artworks and placemaking, and
ability to create an engaging and welcoming experience for diverse audiences. Applicants are NOT asked to
submit a proposal as part of the initial application.
• Resume —Two-page (maximum) current professional resume. Keep formatting as simple as possible
PDF is preferred; text (.txt) files also accepted. Teams should upload one document with two -page
resumes for each team member. References should be included.
Work Samples —Ten digital images or a combination of digital still images and video.
• Digital Images: Submit up to 10 digital images of past work. If applying as a team, a
maximum of 10 images may be submitted, inclusive of all team members. Upload JPG files
only; images must be under 2 MB in size, 1920 pixels on the longest side, and at least 72 dpi.
• Audio/Video: Submit up to five (5) video/audio samples if these media relate to your art
practice (i.e., to show kinetic artwork, gradations of light or sound -based art). Audio samples
must be submitted via SoundCloud with the specific URL (e.g., soundcloud.com/29523)
noted on the Work Sample Upload page. Video samples must be submitted via Vimeo or
YouTube, with the specific URL (e.g., vimeo.com/2992575) noted on the Work Sample
Upload page. All submissions must be publicly accessible (password protected files will not
be accepted).
Timed excerpts are preferred, but longer samples may be submitted with notation in the
description field of specific start and stop time for a cumulative run time of up to 5 minutes.
Please include the start and stop times for excerpted audio/video samples at the beginning
of the descriptive text.
Questions - For more information on this project, please contact Frances Chapin, City of Edmonds Arts &
Culture Manager, frances.chapin@edmondswa.gov
www.edmondsartscommission.org
For information on the Edmonds Creative District:
https://www.edmondswa.gov/doing business/edmonds creative district
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2.2
City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of Perrinville Flow Reduction Study Update - Interlocal Agreement (ILA) between the Cities
of Edmonds and Lynnwood
Staff Lead: Rob English / Mike De Lilla
Department: Engineering
Preparer: Emiko Rodarte
Background/History
n/a
Staff Recommendation
Forward item to the consent agenda for approval.
Narrative
In 2015 the City completed a Basin Analysis and flow reduction study for the Perrinville Drainage Basin.
The primary goal of the study was to find locations for projects in the Cities of Edmonds and Lynnwood
to reduce peak stormwater flows going into Perrinville Creek. These peak flows are causing large
amounts of erosion in the upper reaches, resulting in larger sediment deposits and some flooding in the
lower reaches. This result is not beneficial to the aquatic habitat and health of the overall Creek.
Therefore by reducing in stream peak flows, erosive forces would be mitigated. This would result in
biological benefits to both the creek and Browns Bay in the Puget Sound. The reductions would also
improve the overall stream aquatic habitat by treating and reducing the amount of pollutants entering
this aquatic environment. The study evaluated and recommended projects and means to reduce the
erosive degradation in Perrinville Creek. Since then, the Cities of Edmonds and Lynnwood have
completed projects that were listed as part of this study.
Since it has been almost 10 years since the completion of the Study, the City will be teaming with the
City of Lynnwood to reevaluate and update the 2015 Study. In order to aid with funding the study, the
Cities of Edmonds and Lynnwood were able to acquire a $469,200 Department of Ecology (DOE) grant
toward this effort. This grant requires $82,800 in local (City of Edmonds & Lynnwood) matching funds.
An interlocal agreement (ILA) has been drafted to formalize roles and responsibilities between the two
agencies for this project and how the grant and matching funding costs will be split/allocated, with the
result being that the grant and the matching funds costs will be split 50/50 between the Cities of
Lynnwood and Edmonds.
The project will reevaluate the remaining projects identified in the 2015 study and also update: the
hydrologic modeling, planning level cost estimates, and geologic characterization. In addition,
additional opportunistic sites not included in the original list will be considered and added if feasible and
cost effective.
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2.2
At least six total sites will be further developed and incorporated, as applicable, into the respective city's
Stormwater Capital Improvement Program. The Criteria that will be considered includes but is not
limited to: infiltration and treatment effectiveness and potential, groundwater depth in relation to finish
grade, ease of maintenance and access, constructability, site size/flow mitigation impact of proposed
site, impact to existing private and public infrastructure, overall cost effectiveness, and community
involvement/opinion. The Feasibility Assessment Report will include project summary sheets, hydrologic
modeling results, infiltration feasibility, and groundwater level results.
Attachments:
Attachment 1 - agreement
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2.2.a
INTERLOCAL AGREEMENT
CITY OF EDMONDS AND CITY OF LYNNWOOD
Perrinville Creek Watershed Stormwater Retrofit Feasibility Project
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the City of
Edmonds, Washington ("Edmonds") and the City of Lynnwood, Washington ("Lynnwood")
(individually, a "Party" and collectively, the "Parties") as of the date entered below.
RECITALS
WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local
government of the State of Washington to cooperate on a basis of mutual advantage to provide for
services and facilities; and
WHEREAS, Edmonds is undertaking a water quality improvement project known as the Perrinville
Creek Watershed Stormwater Retrofit Feasibility Project (the "Project"), which consists of the
development of a feasibility assessment report of the 764-acre watershed and the evaluation of the top
priority sites for potential stormwater treatment facilities, to include geotechnical exploration; the
development of pre -designs and cost estimates for approximately six stormwater treatment facilities; and
the development of an implementation plan; and
WHEREAS, Edmonds plans to fund the Project in part with grant funding it has received from the
Washington State Department of Ecology ("DOE") through a Water Quality Combined Financial
Assistance Agreement ("DOE Grant Agreement"), attached hereto as Attachment 1 and incorporated
herein by this reference; and
WHEREAS, the total cost of the Project is $552,000.00; the DOE Grant Agreement provides
funding in the amount of $469,200.00; and the amount of Grant matching funds needed is $82,800.00;
and
WHEREAS, approximately 552 acres of the Perrinville Creek Watershed lie within the city limits
of Lynnwood, as described and depicted on Attachment 2, attached hereto and incorporated herein by this
reference; and
WHEREAS, Edmonds and Lynnwood have agreed to work together to undertake the Project in
accordance with the terms of the DOE Grant Agreement for the benefit of both; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their
respective rights, obligations, costs, and liabilities regarding this undertaking; and
WHEREAS, the City Council of the City of Edmonds has taken appropriate action to approve
Edmonds' entry into this Agreement; and
WHEREAS, the City Council of the City of Lynnwood has taken appropriate action to approve
Lynnwood's entry into this Agreement, if necessary;
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein,
Edmonds and Lynnwood agree as follows:
1
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2.2.a
TERMS
Section 1. Requirements of the Interlocal Cooperation Act, Chapter 39.34 RCW.
A. Purpose. The purpose of this Agreement is to establish a formal arrangement under which
Edmonds will undertake the Project pursuant to the terms of the DOE Grant Agreement, Edmonds and
Lynnwood will share the DOE Grant Agreement funds, and Lynnwood will pay Edmonds matching funds
in support of the Project. The terms, conditions and covenants of this Agreement will accordingly be
interpreted to advance this purpose. This Agreement further seeks to allocate and define the Parties'
respective rights, obligations, costs, and liabilities concerning the Project.
B. No Separate Entity. The Parties agree that no separate legal or administrative entity is
necessary to carry out this Agreement.
C. Ownership of Property. Except as expressly provided to the contrary in this Agreement, any
real or personal property used or acquired by either Party in connection with the performance of this
Agreement will remain the sole property of such Party, and the other Party will have no interest therein.
D. Administrators. Each Party to this Agreement will designate an individual ("Administrator"),
which may be designated by title or position, to oversee and administer that Party's participation in this
Agreement. The Parties' initial Administrators will be:
Edmonds' Administrator: L_ynnwood's Administrator:
City Engineer Deputy Public Works Director
121 5t' Ave 19100 44t' Avenue W.
Edmonds, WA 98020 P.O. Box 5008
Lynnwood, WA 98046-5008
Either Party may change its Administrator at any time by delivering written notice of such Party's new
Administrator to the other Party.
Section 2. Term. This Agreement will be effective upon filing with the Snohomish County Auditor in
accordance with Section 17 below. Unless terminated in accordance with Section 3, this Agreement will
remain in effect until Edmonds' completion of the Project pursuant to the DOE Grant Agreement.
Section 3. Termination. The terms of the DOE Grant Agreement providing partial funding for the
Project require that Edmonds undertake certain obligations, as set forth below. Pursuant to this
Agreement, Edmonds will depend on Lynnwood's continued participation in the Project as set forth
below. Therefore, except as expressly provided herein, Lynnwood will remain bound by the terms of this
Agreement and will take no action without the consent of Edmonds to terminate the same prior to the
completion of the Project pursuant to the DOE Grant Agreement. Either Party may terminate this
Agreement with cause by providing the other Party with thirty (30) days' written notice of its intent to
terminate. Termination or expiration will not alter the payment obligations under Section 6 for services
already rendered and will not alter the Parties' respective obligations under Section 10 of this Agreement.
Section 4. Obligations of Lynnwood. Lynnwood agrees to:
A. Accept fifty percent (50%) of the DOE Grant Agreement funds (in the amount of
$234,600.00) and in turn provide Edmonds with a minimum of fifteen percent (15%) matching funds for
the Project (in the amount of $41,400.00).
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2.2.a
B. Provide periodic payments to Edmonds, pursuant to Section 6 of this Agreement.
C. Respond promptly to information requests submitted by Edmonds or its agents regarding the
Project work.
D. Coordinate all concerns and issues through the Edmonds Project Manager.
Section 5. Obligations of Edmonds. Edmonds agrees to:
A. Assume full responsibility for the implementation of the Project, including any portion of the
Project that impacts property within the city limits of Lynnwood, and including but not limited to
securing all necessary personnel, consultants, contractors and subcontractors, equipment, materials and
services and otherwise do all things necessary for or incidental to the performance of the work for the
Project as set forth in the DOE Grant Agreement's Scope of Work.
B. Undertake the Project in accordance with federal, state, and local laws, regulations, policies
and standards.
C. Provide Lynnwood with fifty percent (50%) of the DOE Grant Agreement funds (in the
amount of $234,600.00) and expend a minimum of fifteen percent (15%) matching funds for the Project
(in the amount of $41,400.00).
D. Submit to Lynnwood written invoices for payment in accordance with Section 6.
E. Respond promptly to information requests submitted by Lynnwood or its agents regarding the
Project work.
F. Provide Lynnwood personnel reasonable access to the Project area for purposes of inspecting
and monitoring the progress of the work.
Section 6. Payment Schedule. The Parties agree to the following billing and payment schedule:
A. Edmonds will, within sixty (60) days of its receipt of invoices for Project costs, submit an
invoice to Lynnwood for its share of said costs. Said invoice will contain a reasonably detailed
explanation of the Project tasks and work performed.
B. Within thirty (30) days of receiving any undisputed invoice pursuant to subsection 6.A,
Lynnwood will tender payment to Edmonds in the form of a check, money order or other certified funds
for the invoiced amount. In the event that the Parties disagree regarding Lynnwood's share of any cost
incurred by Edmonds regarding the Project, the Parties may agree to submit the question for resolution by
a mediator or arbitrator acceptable to both Parties.
Section 7. Claims and Disputes. If claims for additional payment are made by a consultant or
contractor, Edmonds will endeavor to resolve the claims/disputes. Provided however, Edmonds will
obtain Lynnwood's approval prior to resolving the claims/disputes. Lynnwood will participate in
resolving claims/disputes as necessary.
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2.2.a
Section 8. Project Completion. Upon completion of the Project to Edmonds' satisfaction, resolution of
all claims for additional payment, and completion of any contract closeout documents, Edmonds will
provide notice to the Lynnwood Deputy Public Works Director of the completion of the Project. Any
necessary approval/acceptance of the Project by the Lynnwood City Council will be the responsibility of
Lynnwood staff.
Section 9. Ownership and Disposition of Property. Nothing in this Agreement is intended to affect the
real property ownership rights of either Party. All real property within each Party's city limits will remain
the exclusive property of that Party.
Section 10. Release, Indemnification and Hold Harmless Agreement.
A. Each Party to this Agreement will be responsible for its own negligent and/or wrongful acts
or omissions, and those of its own agents, employees, representatives, contractors or
subcontractors, to the fullest extent required by the laws of the State of Washington. Each
Party agrees to protect, indemnify and save the other Parry harmless from and against any and
all such liability for injury or damage to the other Party or the other Parry's property, and also
from and against all claims, demands and causes of action of every kind and character arising
directly or indirectly, or in any way incident to, in connection with, or arising out of work
performed under the terms hereof, caused by its own fault or that of its agents, employees,
representatives, contractors or subcontractors.
B. Edmonds specifically promises to indemnify Lynnwood against claims or suits brought under
Title 51 RCW by its own employees, contractors or subcontractors, and waives any immunity
that Edmonds may have under that title with respect to, but only to, the limited extent
necessary to indemnify Lynnwood. Lynnwood specifically promises to indemnify Edmonds
against claims or suits brought under Title 51 RCW by its own employees, contractors or
subcontractors, and waives any immunity that Lynnwood may have under that title with
respect to, but only to, the limited extent necessary to indemnify Edmonds.
Section 11. Insurance. Each Party will maintain its own insurance and/or self-insurance for its liabilities
from damage to property and/or injuries to persons arising out of its activities associated with this
Agreement as it deems reasonably appropriate and prudent. The maintenance, or lack, of insurance and/or
self-insurance will not limit the liability of the indemnifying Party to the indemnified Party.
Section 12. Governing Law and Venue. This Agreement will be governed by the laws of the State of
Washington. Any action arising out of this Agreement will be brought in Snohomish County Superior
Court.
Section 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement will
be construed to create an employment relationship between Lynnwood and any employee, agent,
representative or contractor of Edmonds, or between Edmonds and any employee, agent, representative or
contractor of Lynnwood.
Section 14. No Third -Party Rights. This Agreement is intended for the sole and exclusive benefit of the
Parties hereto and no third -party rights are created by this Agreement.
Section 15. Notices. All notices that are given by any Party pursuant to this Agreement will be in writing
and will be delivered either in -person, by United States mail, or by electronic mail (email) to the
applicable Administrator designated by the Parry under Section 1.13 above.
4
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2.2.a
Notice delivered in person will be deemed given when accepted by the recipient. Notice by United States
mail will be deemed given as of the date the same is deposited in the United States mail, postage prepaid,
and addressed to the Administrator, at the addresses set forth in Section Ll) above. Notice delivered by
email will be deemed given as of the date and time sent; provided that: (1) the sender does not receive any
failure of delivery notice; and (2) any notice by email sent on a day other than a business day will be
deemed effective on the first business day after being sent.
Section 16. Dispute Resolution.
A. Settlement Meeting. It is the Parties' intent to work cooperatively and to resolve disputes in
an efficient and cost-effective manner. If any dispute arises between the Parties relating to
this Agreement, the Parties' respective Administrators, or the Administrators' designees, will
meet and seek to resolve the dispute, in good faith, within ten business (10) days after a
Party's request for such a meeting. In addition to the Administrators or designees, each Party
will send any other persons with technical or other information relating to the dispute to the
meeting.
B. Mediation. If the Parties cannot resolve the issue within ten (10) days then they will mediate
the matter using a mediator from Judicial Dispute Resolution, LLC or any other mediation
service mutually agreed to by the Parties, or as appointed by the court if the Parties cannot
agree (collectively "JDR') within seven (7) days of their failure to agree pursuant to Section
16.A above. The Parties will evenly split any fees charged by JDR, regardless of the outcome
of the mediation. Each Party will bear its own attorneys' fees in connection with the
mediation.
C. Notice of Default. If the Parties are unable to resolve their dispute through mediation, either
Party may serve a written Notice of Default on the other Party. The Notice of Default will
describe the nature of the dispute and the noticing Party's requested resolution. Twenty (20)
business days after service of a Notice of Default, either Party may file suit, seek any
available legal remedy, or agree to alternative dispute resolution methods. At all times prior
to resolution of the dispute, the Parties will continue to perform any undisputed obligations
and make any undisputed required payments under this Agreement in the same manner and
under the same terms as existed prior to the dispute.
Section 17. Duty to File Agreement with County Auditor. Edmonds will, after this Agreement is
executed by both Parties, file this Agreement with the Snohomish County Auditor.
Section 18. Integration/Modification. This document constitutes the entire embodiment of the Agreement
between the Parties and, unless modified in writing by an amendment to this Agreement, will be
implemented as described above. This Agreement may only be modified or amended by a written
amendment executed by the Parties.
Section 19. Non -Waiver. Waiver by either Party of any of the provisions contained within this
Agreement, including but not limited to any performance deadline, will not be construed as a waiver of
any other provision.
[Signatures on following page]
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2.2.a
DATED this day of
CITY OF LYNNWOOD
CHRISTINE FRIZZELL, MAYOR
ATTEST/AUTHENTICATED:
Luke Lonie, City Clerk
Approved as to form only:
City of Lynnwood, Office of the City Attorney
2024.
CITY OF EDMONDS
MIKE ROSEN, MAYOR
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
Approved as to form only:
City of Edmonds, Office of the City Attorney
C.1
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City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of Professional Services Agreement for Perrinville Flow Reduction Study Update
Staff Lead: Rob English / Mike De Lilla
Department: Engineering
Preparer: Emiko Rodarte
Background/History
n/a
Staff Recommendation
Forward item to consent agenda for approval.
Background
In 2015 the City completed a Basin Analysis and flow reduction study for the Perrinville Drainage Basin.
The primary goal of the study was to find locations for projects in the Cities of Edmonds and Lynnwood
to reduce peak stormwater flows going into Perrinville Creek. These peak flows are causing large
amounts of erosion in the upper reaches, resulting in larger sediment deposits and some flooding in the
lower reaches. This result is not beneficial to the aquatic habitat and health of the overall Creek.
Therefore by reducing in stream peak flows, erosive forces would be mitigated. This would result in
biological benefits to both the creek and Browns Bay in the Puget Sound. The reductions would also
improve the overall stream aquatic habitat by treating and reducing the amount of pollutants entering
this aquatic environment. The study evaluated and recommended projects and means to reduce the
erosive degradation in Perrinville Creek. Since then, the Cities of Edmonds and Lynnwood have
completed projects that were listed as part of this study.
Narrative
The City issued a Request for Qualifications (RFQ) in December, 2023 to hire a consultant to provide
services to update the 2015 Perrinville Creek Stormwater Flow Reduction Retrofit Study. The City
received statements of qualifications from one (1) engineering firm and the selection committee chose
Herrera to provide Study services based on their qualifications, experience and approach.
A contract has now been negotiated to provide services for the first phase of the Study update. This first
phase will reevaluate the remaining projects identified in the 2015 study and also update: the hydrologic
modeling, planning level cost estimates, and geologic characterization. In addition, additional
opportunistic sites not included in the original list will be considered and added if feasible and cost
effective. At which point at least six sites will be selected for more in depth evaluation.
When the first phase of the work is completed, a separate scope and fee will be drafted. This second
phase will finalize the report and gather site specific geotechnical data for each of the sites that are
being evaluated in further detail. A Feasibility Assessment Report including: project summary sheets,
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2.3
hydrologic modeling results, infiltration feasibility, and groundwater level results will be included as part
of this second phase. The scope and fee for the second phase will be submitted separately to City
Council in the future for review and approval.
The project will be a joint effort between the Cities of Edmonds and Lynnwood. In order to aid with
funding the study, the Cities of Edmonds and Lynnwood were able to acquire a $469,200 Department of
Ecology (DOE) grant toward this effort. This grant requires $82,800 in local (City of Edmonds &
Lynnwood) matching funds. An interlocal agreement (ILA) has been drafted to formalize roles and
responsibilities between the two agencies for this project and how the grant and matching funding costs
will be split, with the result being that the grant and the matching funds costs will be split 50/50
between the Cities of Lynnwood and Edmonds.
The City has negotiated a consultant fee for this contract in the amount of $140,538 and includes a
$14,234 management reserve. This contract will be funded by the Storm Utility Fund, DOE grant and
matching funds from the City of Lynnwood.
Attachments:
Attachment 1 - Agreement
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2.3.a
OF ED " O
d CITY OF EDMONDS MIKE
121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV ROSEN
MAYOR
PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, hereinafter referred to as the "City," and Herrera Environmental Consultants,
hereinafter referred to as the "Consultant."
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide engineering services with respect to the Perrinville Flow Reduction
Study Update project; and
WHEREAS, the Consultant has the necessary skills and experience, and desires to provide
such services to the City;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to accomplish the above -mentioned objectives in accordance with the Scope of Work that is
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on
a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this
reference; provided, in no event shall the payment for work performed pursuant to this Agreement
exceed the sum of ONE HUNDRED FORTY THOUSAND FIVE HUNDRED THIRTY-EIGHT
DOLLARS ($140,538).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three days prior to the scheduled cut-off date. Such late
vouchers will be checked by the City and payment will be made in the next regular payment cycle.
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C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
3. Ownership and use of documents. All research, tests, surveys, preliminary data,
reports, and any and all other work product prepared or gathered by the Consultant in preparation
for the services rendered by the Consultant under this Agreement shall be and are the property of
the Consultant, provided, however, that:
A. All final reports, presentations, documentation and testimony prepared by
the Consultant shall become the property of the City upon their presentation to and acceptance by
the City and shall at that date become the property of the City.
B. The City shall have the right, upon reasonable request, to inspect, review
and copy any work product during normal office hours. Documents prepared under this
Agreement and in the possession of the Consultant may be subject to public records request and
release under Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of work done shall be prepared
at no additional cost.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly in accordance with the receipt of the required governmental approvals.
5. Indemnification / Hold harmless agreement. The Consultant shall indemnify and
hold the City, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses, demands, or suits at law or equity arising from the negligent acts, errors
or omissions of the Consultant in the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Consultant and the City, its officers, officials, employees, and
volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be
only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The
Consultant specifically assumes potential liability for actions brought by the Consultant's own
employees against the City and, solely for the purpose of this indemnification and defense, the
Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
6. General and professional liability insurance. The Consultant shall obtain and
keep in force during the term of this Agreement, or as otherwise required, the following insurance
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2.3.a
with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million
dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the Agreement.
The City reserves the right to require complete, certified copies of all required insurance policies
at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State
of Washington. The Consultant shall submit a verification of insurance as outlined above within
fourteen days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to
the City.
The Consultant's professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties
be limited in any way.
7. Discrimination prohibited. The Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any other
protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. The Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any party with respect to any property located within the City of Edmonds or for
any project subject to the administrative or quasijudicial review of the City without written
notification to the City and the City's prior written consent.
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2.3.a
10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document,
its Appendices 1 & 2, and the Scope of Work attached hereto as Exhibit A, the fee schedule
attached hereto as Exhibit B, and the Washington State Department of Ecology Water Quality
Combined Funding Insert for All Services for State -Funded Projects, attached hereto as Exhibit C.
These writings constitute the entire Agreement of the parties and shall not be amended except by
a writing executed by both parties. In the event of any conflict between this written Agreement
and any provision of Exhibit A, B, or C, this Agreement shall control.
12. Changes/Additional Work. The City may engage the Consultant to perform
services in addition to those listed in this Agreement, and the Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph
shall be interpreted to obligate the Consultant to render services, or the City to pay for services
rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties.
13. Standard of Care. The Consultant represents that the Consultant has the
necessary knowledge, skill and experience to perform services required by this Agreement. The
Consultant and any persons employed by the Consultant shall use their best efforts to perform the
work in a professional manner consistent with sound practices, in accordance with the schedules
herein and in accordance with the usual and customary professional care required for services of
the type described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they
has/have not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they
has/have not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award of making of this Agreement. For
breach or violation of this warranty, the City shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
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for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant
agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this
reference, apply to this Agreement. Because this Agreement is subject to Washington State
Department of Ecology requirements, the Consultant agrees that the provisions of Exhibit C,
attached hereto and incorporated herein by this reference, apply to this Agreement.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
which may be due on account of this Agreement.
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
Herrera Environmental Consultants
2200 Sixth Avenue, Suite 1100
Seattle, WA 98121
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS day of
CITY OF EDMONDS
Mike Rosen, Mayor
ATTEST/AUTHENTICATED :
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
2024.
HERRERA ENVIRONMENTAL CONSULTANTS
Theresa Wood, President
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2.3.a
STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of 2024, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person who executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said person, for the
uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
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2.3.a
APPENDIX 1 CONTRACT
(Appendix A of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows:
1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations
relative to nondiscrimination in federally -assisted programs of the United States Department of
Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Consultant/Contractor shall not participate directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49
CFR 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for
work to be performed under a subcontract, including procurement of materials, or leases of equipment,
each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the
Consultant's/Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or
LEP.
4. Information and Reports: The Consultant/Contractor shall provide all information and reports
required by the Regulations and directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by the
City or the appropriate state or federal agency to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in
the exclusive possession of another who fails or refuses to furnish the information, the
Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall
set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or
the appropriate state or federal agency may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Consultant/Contractor under the Agreement until the
Consultant/Contractor complies; and/or
• Cancellation, termination, or suspension of the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above
paragraphs one (1) through five (5) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the
City or appropriate state or federal agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved
in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the
Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the
City; or may request that the appropriate state agency enter into such litigation to protect the interests
of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal
agency enter into such litigation to protect the interests of the United States.
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2.3.a
APPENDIX 2 CONTRACT
(Appendix E of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the
following non-discrimination statutes and authorities, including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Exhibit A
2.3.a
SCOPE OF WORK
CITY OF EDMONDS PERRINVILLE CREEK FLOW
REDUCTION STUDY UPDATE - PHASE 1
The City of Edmonds (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of
work and cost estimate outlining services that Herrera will provide to support the update of the City's
Perrinville Creek Flow Reduction Study (Study) and to meet the requirements in the City's Grant
Agreement No. WQC-2024-Edmond-00226 with the Washington State Department of Ecology (Ecology).
Rebecca Dugopolski is Herrera's project manager for this project. Mike De Lilla is the City's project
manager. The City of Lynnwood (Lynnwood) representative for this project is Derek Fada. This scope of
services includes a discussion of the activities, assumptions, deliverables, and a schedule associated with
Phase 1 of this project, which is anticipated to include the following:
Task 1 — Grant and Loan Administration.................................................................................................1
Task 2 — Project Identification and Prioritization..................................................................................2
Task 3.a — Cultural Review and Geotechnical Work Plan...................................................................4
ProjectBudget..................................................................................................................................................5
ProjectSchedule...............................................................................................................................................6
The Herrera team for this project includes AESI, WSP, Cultural Resources Consultants, and APS Locates
(Consultant).
A separate Phase 2 for the project is anticipated in the future and is not included as part of this scope
and fee. It will include the Geotechnical Investigations and Feasibility Assessment Report and will
supplement this scope of work once the prioritized list of project sites is determined.
Task 1 - Grant and Loan Administration
Due to limits with City accounting systems, the City elects to charge administrative costs under the tasks
which the administrative work is supporting rather than tracking administration cost as a separate task.
Therefore, no money is placed in Task 1, and all similar costs incurred during the project would be billed
to other tasks.
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SCOPE OF WORK
General Project Management Assumptions
The following project management assumptions apply during the course of work on Tasks 2 and 3a.
• Herrera will be responsible for ongoing management and contract administration of this project,
including preparing monthly invoices, as well as coordination of work efforts with the City's
project manager (Mike De Lilla). Herrera's project manager and contract manager will have phone
and e-mail contact with the City's project manager and other City representatives on an as -
needed basis with regard to scope, schedule, budget, and invoicing issues.
• Herrera will facilitate regular check -in meetings between the Herrera and City project manager
These meetings are in addition to task -specific meetings outlined below and assumed to be
monthly. Herrera will email important notes or action items as needed after these meetings.
Deliverables
• Refer to Task 2 and 3a for project management/contract administration deliverables.
Task 2 - Project Identification and Prioritization
The Consultant will lead a project kickoff meeting and prepare a draft and final project schedule.
The 2015 Perrinville Creek Flow Reduction Study (2015 Study) included 30 projects located in the cities of
Edmonds and Lynnwood, four of which have been completed. Building from recent work with Edmonds
and Lynnwood, the Consultant will compile a list of the 26 remaining projects from the 2015 Study and
projects identified through recent work on the Edmonds Stormwater Management Action Plan (SMAP)
and the Edmonds Storm and Surface Water Management Comprehensive Plan update for prioritization.
Herrera will collaborate with the cities of Edmonds and Lynnwood to ensure that the compiled list
accounts for the priorities of each city.
The Consultant will develop a Survey123 form to collect additional locations from City staff and
Lynnwood staff for other identified water quality issues within the Perrinville Creek Basin. For the
purposes of this scope "water quality" refers to high flow rates and/or pollutants in runoff. Herrera will
compile locations identified from the 2015 Study, recent project work with each city, and the Survey123
form into an ArcGIS Online web map. New high-level concepts will be developed for up to four water
quality issues identified by the cities.
The Consultant will conduct up to 36 hours of field assessment of problem locations (four consultant
team members for 1 day). Field observations for each site will be recorded in the web map.
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SCOPE OF WORK
The Consultant will review available desktop geotechnical information and prepare a table that
summarizes infiltration potential for up to 20 sites. The table will summarize available information,
infiltration potential (i.e., a qualitatively assessment using available data), and data gaps. The Consultant
will lead a remote meeting with City staff from Edmonds and Lynnwood to present the results.
Following fieldwork, the Consultant will develop a screening and prioritization framework. Screening will
occur following the initial desktop review and will likely consist of basic qualitative or semiquantitative
criteria centered on implementation feasibility and stormwater management potential. Costs and co -
benefits may also be included in the prioritization framework.
The Consultant will provide the cities with a table of potential projects, along with access to the web map
that contains information on each project. Herrera will lead a remote meeting with City staff from
Edmonds and Lynnwood to present the preliminary retrofit opportunities, the proposed screening and
prioritization framework, and initial screening results. Following the workshop, Herrera will incorporate
feedback from each City into a revised preliminary retrofit opportunities map and matrix and update the
prioritization to narrow the list of retrofit opportunities down to 6 to 10 sites.
Assumptions
• The Cities shall provide Consultant with information on the relevant 2015 Study projects and
additional areas with water quality issues.
• Up to two virtual working meetings will be scheduled with City staff from Edmonds and
Lynnwood (up to 1 hour each) to review the list of water quality problems and to discuss which
problem locations are considered to be the highest priority.
• Property access approvals, if needed, will be provided by City staff from Edmonds and/or
Lynnwood.
• Project site field visits will be limited to 1 day with four Consultant staff.
• Geotechnical site visits will be limited to 1 day with one Consultant staff.
• City and Lynnwood staff will accompany the Consultant in the field.
• Deliverables produced in this task will be subject to one set of review comments from the City
and Lynnwood before being finalized.
• The City and Lynnwood will provide one consolidated set of review comments to Herrera on draft
deliverables within 4 weeks of receipt.
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SCOPE OF WORK
• Between 6 and 10 projects will be chosen to evaluate in more detail in future tasks. Phase 1 work
is limited to project summary information and a simple location map/sketch using readily
available GIS data.
• Land surveying services are excluded.
• Task duration is assumed to be 6 months.
Deliverables
• Draft and final project schedule (Adobe PDF)
• Notes from project kickoff meeting (Microsoft Word)
• Draft prioritization process documentation including proposed matrix and prioritization criteria
(for City and Lynnwood review) (Microsoft Word and/or Excel)
• Draft prioritization process documentation including proposed matrix and prioritization criteria
(for Ecology Review) (Adobe PDF)
• Response to Ecology comments on the prioritization process documentation (Microsoft Word
and/or Excel)
• Prioritized list of top 6 to 10 projects (Microsoft Word and/or Excel)
• Infiltration potential summary table
• Monthly invoices and progress reports (Adobe PDF)
Task 3.a - Cultural Review and Geotechnical Work
Plan
The Consultant will prepare a cultural resource review form and Inadvertent Discovery Plan (IDP) and
provide those documents to the City for submission to Ecology.
The Consultant will prepare a geotechnical investigation plan. The plan will be to define recommended
geotechnical investigation to collect additional data related to the priority retrofit opportunities.
Assumptions
• Herrera will prepare the cultural resource review form and Inadvertent Discovery Plan.
May 29, 2024
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Packet Pg. 30
2.3.a
SCOPE OF WORK
• The City and Lynnwood will provide one consolidated set of review comments to Herrera on draft
deliverables within 4 weeks of receipt.
• Task duration is assumed to be 1 month.
Deliverables
• Ecology Cultural Resource Review Form, ECY 070-537 Form (Microsoft Word)
• Ecology Inadvertent Discovery Plan (IDP), ECY 070-560 Form (Adobe PDF)
• Geotechnical investigation plan (Adobe PDF)
• Monthly invoices and progress reports (Adobe PDF)
Task 6.a - Management Reserve
Task 6.a establishes a management reserve of approximately 10% of the total budget for unanticipated
services that may be required during the course of work on the project. Potential unanticipated services
may include, but are not limited to, additional cultural resource investigation, utility locates, and
supplemental field work.
Assumptions
• Prior to any work on this task, the Consultant will provide a written scope and budget request to the
City for authorization.
• The management reserve may only be used with written (email) authorization from the City project
manager.
Deliverables
• As defined in the approved scope and budget.
Project Budget
The estimated project budget is provided in Exhibit B.
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Packet Pg. 31
2.3.a
SCOPE OF WORK
Project Schedule
Task Deliverable/Meeting Timeline a
Task 1 — Grant and PM check -in meetings See other tasks
Loan Administration Monthly invoices and progress reports
Project kickoff meeting
Notes from project kickoff meeting
Draft project schedule
Final project schedule
July 17, 2024 (TBD)
July 19, 2024
July 24, 2024
July 31, 2024
Task 2 — Project
Draft prioritization process documentation
September 2024
Identification and
(for City and Lynnwood review)
Prioritization
Draft prioritization process documentation
November 2024
(for Ecology review)
Response to Ecology comments on the
January 2024
prioritization process documentation
Prioritized list of top 6 to 10 projects
January 2024
Ecology Cultural Resource Review Form
February 2025
Task 3 — Cultural
Ecology Inadvertent Discovery Plan (IDP)
February 2025
Review
Geotechnical exploration plan
February 2025
Task 6.a
Management Reserve
TBD
a The proposed project timeline assumes that the notice to proceed will be issued on July 9, 2024.
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&A
HERRERA
Packet Pg. 32
2.3.a
�'Jt HE RRE R A Exhibit B
Cost Estimate for 2024 Perrinville Basin Flow Reduction Study Update
Herrera Project No. 23-08287-000
6/7/2024 Task No.
Herrera Labor based on: Burdened Labor Rates
Lancaster, Alice
Engineer VII
2424 6uraenea Labor Rates
$326.08
Dugopolski, Rebecca
Engineer VI
$273.41
Chechanover, Julianne
Engineer II
$160.68
DeBenedetto, Kathryn
Engineer IV
$211.97
Spear, Eliza
Scientist IV
$202.93
Stebbing, Rebecca
GIS Analyst II
$128.62
Maloof, Charles
Jackowich. Pamela
Project Accountant III
Administrative Coordinator IV
$135.81
$143.83
3%
Subconsultants
Subconsultant
APS Locates
AESI
Cultural Resource Consultants
WSP
Total Hours per Task
Subtotal Labor
Subtotal Herrera Labor
Escalation on Herrera Labor in 2025
Escalated Subtotal Herrera Labor
3% 1
Subtot_
Travel and Per Diem (PD)
■
Auto Use Mile $0.67
Subtotal Per Diem
Subtotal Per Diem, Lab Costs, and ODCs
Grand Subtotal
Grand Total
0
0
0
0
$o
$0
$0
$0
$0
$0
3
3
46
6
12
64
139
8
i6
163
134
14
148
24
0
24
32
8 1
4
362 I 43
$69,496 1 $8,507
0
32
9
4
I 447
1 $86,823
0
0
42
1 $8,819
$69,496 I
$8,507
I $8,819
I $86,823
$0
$255
$88
$343
$69,496
$8,763
$9,084
$87,343
$0
$2,500
$2,500
$11,930
$7,380
0
$19,310
$27,303
$1,177
$40,410
C
$221
$7,601
$2,500
I $150
$5,150
$2,500
$27,303
$1,548
$53,161
50 1 1 50
$0 $34 $0 $0 $34
$0 $34 $0 $0 $34
$0 $109,940 $16,364 $14,234 $140,538
Q
Packet Pg. 33
2.3.a
This tab can be used to summarize data for clients
Client Name: Herrera and City of Edmonds
Name/Role
Total Hours
Rafe
Total Labor
Giseburt, Michael
40
$ 269.21
$ 10,768.51
Ellis, James
-
$ -
$ -
Nelson, Ralph
-
$ -
$ -
Bodnar, Mark
18
$ 168.22
$ 3,027.91
Urban, Casey
-
$ -
$ -
Roscoe, Daniel
-
$ -
$ -
S9mac, Brandon
-
$ -
$ -
Wong, Shade
6
$ 97.59
$ 585.51
Bretana, Nora
-
$ -
$ -
Cammermeyer, Jon
6
$ 266.72
$ 1,600.34
Gillespie, Sarah
68
$ 164.51
$ 11,186.67
0
$
$
0
$
$ -
0
$
$
0
$
$
WSP Subtotal
138
$ 27.168.95
Labor by Task
2.2.1-Task
2.2.2-Kick
2.2.3-
2.2.4-
2.2.5-Fieltl
2.2.6-
2.2.7-
2.2.8-
2.2.9-Mist.
Admin
OffMeefing
Review
Framework
Assessment
Pnonrizado
Workshop
Project
Coord
Information
Input
n
Descrpt.
6
2
1
2
8
2
3
4
12
6
_
_
_
_
12
_
6
2
2
2
-
4
12
4
12
8
4
12
12
14
6
19
6
20
12
7
30
24
$ 2,734.24
$ 1,196.47
64 $ 3,252.
$ 1,1ii
$ 4,127.82
95
$ 2,387.;
$ 1,465.6
$ 5,603.02
1 $ 5,204.67
Total Labor Hours 138 14 6 19 1 6 1 20 1 121 71 30 1 24
Total Labor Revenue $ 27,168.95 $ 2,734.24 $ 1,196.47 $ 3,252.64 $ 1,196.47 $ 4,127.82 $ 2,387.95 $ 1,465.68 $ 5,603.02 $ 5,204.67
SUBS - BY TOTAL AMOUNT
Subs Total
Total Subs E
EXPENSES -SUMMARY -WSP ONLY
Other Direct Costs Total
Mileage $ 134,00
0 $
$
Total Other Direct Costs $ 134.00
Packet Pg. 34
2.3.a
AESI Budget Estimate
Perrinville Creek Watershed Stomwater Retrofit - Phase 1 (Tasks 2 and 3)
AESI 2024 Schedule of Charges
May 30, 2024 (AESI Proj. No. 20240130)
Description
PRIORITIZATIONHERRERA TASK 2 - PROJECT IDENTIFICATION and
Senior
Principal
Engineer
$305
Principal
Engineer/
Geologist
$285
Associate
Engineer/
Geologist
$240
Senior
Engineer/
Geologist
$230
Project
Engineer
Geologist
$185
Snr. Staff Staff
Engineer Engineer
Geologist Geologist
$160 $140
Senior
Field
Tech
$125
Tech
O.T.
Premium
$26
Tech
Editing
$110
GIS /
Graphics
$150
CADD
Tech
$130
Total
Labor
Hours
Subcontractor
Mileage,
reimb,
etc.
COST
Project Setup/Kickoff/Admin (4 months of active time)
3
10
13
$ 2,7
Team Field Assessment (Herrera Team [1 field day + preparation and follow up]) - NO AESI
$
Desktop Study and Summary Table - Geotechnical / Infiltration Potential (20 sites)
4
20
1
4
29
$ 5,5
Post Summary Table Follow Up (Feasibility/Stormwater Management)
4
4
$ 1,1
Meeting with City Staff (1 of 2 meetings up to 1 hr)
1
2
3
$ 6
Consultant Coordination Meetings (every 2 weeks during 4 months = AESI to attend half)
4
4
8
$ 1,8
City and Ecology Review Meetings (assumed not needed in scope)
$
Subtotal:
$ 11,9
Geotechnical Investigation Plan (6 to 10 sites)
4
20
3
6
33
$ 6,0
Review and Response (1 round of review to city comments)
1
3
$ 8
Team Meeting (assumed 1 meeting)
1
1
2
$ 4
Subtotal:
$ 7,3
$
$
Subtotal:
$
SUB -TOTAL
Packet Pg. 35
2.3.a
Exhibit C
amm
DEPARTMENT OF
ECOLOGY
State of Washington
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER QUALITY COMBINED FUNDING
INSERT FOR ALL SERVICES FOR
STATE -FUNDED PROJECTS
The following clauses are suggested to be incorporated into contracts for all services receiving
state financial assistance from the Washington State Department of Ecology's Water Quality
Combined Funding Program.
Compliance with State and Local Laws
The services provider (CONTRACTOR) shall assure compliance with all applicable federal,
state, and local laws, requirements, and ordinances as they pertain to the project.
State Interest Exclusion
Partial funding of this project is being provided through the Washington State Department of
Ecology. Neither the State of Washington nor any of its departments or employees are, or shall
be, a party to this contract or any subcontract.
Third Party Beneficiary
Partial funding of this project is being provided through the Washington State Department of
Ecology. All parties agree that the State of Washington shall be, and is hereby, named as an
express third -party beneficiary of this contract, with full rights as such.
Cost Basis of Contract
No contract may be written for "cost -plus -a -percentage -of -cost" or "percentage of construction
cost." The cost basis for this contract must be cost -reimbursement, unit price, fixed -price, time
and materials, or any combination of these four methods.
Funding Recognition
Documents produced under this agreement shall inform the public that the project received
financial assistance from the Washington State Department of Ecology. The Washington State
Department of Ecology's logo must be on all signs and documents. Logos will be provided as
needed.
Accessibility
Public -facing documents produced under this agreement shall be accessible to the RECIPIENT'S
best ability. This recommendation applies to all products supplied under the Agreement, providing
equal access to information technology by individuals with disabilities, including and not limited to
web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
Packet Pg. 36
2.3.a
Access To the Work Site and To Records
The CONTRACTOR shall provide for access to their records by Washington State Department
of Ecology personnel.
The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit
requirements and shall ensure that all subcontractors maintain auditable records. These records
shall be separate and distinct from the CONTRACTOR's other records and accounts.
All such records shall be available to the Owner and to Washington State Department of Ecology
for examination. All records pertinent to this project shall be retained by the CONTRACTOR for
a period of three years after the final audit.
Funding Provision
Partial funding of this project is being provided through the Washington State Department of
Ecology. In the event that Ecology's funding from state, federal, or other sources is withdrawn,
reduced, or limited in any way, the contract may be amended.
Copyright to Documents
The Department of Ecology retains a copyright to any documents produced and data collected
under this agreement. The Department retains a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use the data or documents. The Department can
authorize others to use the data or documents for federal, state, or local government purposes.
Packet Pg. 37
2.4
City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of Subaward Safety Action Plan Agreement between Puget Sound Regional Council and
City of Edmonds
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
n/a
Staff Recommendation
Forward item to the consent agenda for approval with the following actions:
1. Authorize Mayor to sign Puget Sound Regional Council Subaward Agreement for the Safety Action
Plan
2. Authorize budget authority in 2024 for staff to expend time and professional services to work on
completing the Safety Action Plan. A second quarter budget amendment will be submitted to program
the grant funding, local match (REET 126), and expenditures.
3. Authorize the advertisement of a Request for Qualifications in accordance with the City's Purchasing
Policy to select a consultant to complete the Plan.
Narrative
In late 2023, the City of Edmonds secured a $300,000 federal grant through the U.S. Department of
Transportation's Safe Streets and Roads for All (SS4A) Grant Program. This program is focused on the
development of local roadway safety action plans by developing well-defined strategies to prevent
roadway fatalities and serious injuries. It will also identify and prioritize future projects to help address
roadway safety issues. The scope of work will include data collection, speed studies, accident history
and analysis of the City's transportation network, review and update of existing policies, develop a
Vision Zero Policy, identify and prioritize transportation projects to improve safety and document
findings in a Comprehensive Safety Action Plan.
A Request for Qualifications (RFQ) will be advertised in accordance with the City's Purchasing Policies to
select a consultant to complete the work.
The professional services and staff time to develop the Safety Action Plan will be funded by the grant
and local match (20%) from the REET 126 Fund. Projects identified in this plan will make them eligible
for future SS4A Implementation funding opportunities.
Packet Pg. 38
2.4
Background:
The City partnered with ten other agencies, including Puget Sound Regional Council (PSRC), on a $2.87
million grant application. PSRC is the Metropolitan Planning Organization for the Seattle metropolitan
area. The City will be working closely with the agency to support the goal of reducing fatalities and
serious injuries on roadways in the Puget Sound region. As part of this project, a subaward agreement is
required between PSRC and City of Edmonds.
Attachments:
Attachment 1 - agreement
Packet Pg. 39
2.4.a
Puget Sound Regional Council
Subaward Agreement Between
Puget Sound Regional Council
and
City of Edmonds for
"Safety Action Plan"
Date Entered into Agreement:
Subaward Agreement M 2024-09
Packet Pg. 40
2.4.a
Pass -through Entity (PTE): Puget Sound
Subrecipient: City of Edmonds
Regional Council
Subaward Period of Performance:
Amount Funded:
Subaward Agreement #:
Start: August 1, 2024
$300,000
2024-09
End: Jul 31, 2025
Federal Awarding Agency: U.S Department of
FAIN: 693JJ32440280
Transportation
Federal Award Issue Date:
Total Amount of Matching Funds: $75,000
ALN No. and Name: 20.939, Safe Streets and Roads for All
Project Title: Safety Action Plan
R & D Award ❑ Yes ® No
Unique Entity ID #NF1AQNT457R7
This SUBAWARD (hereinafter the "Award"), is made and entered into as of signing by and between the
Pass -through Entity, Puget Sound Regional Council, (hereinafter "PSRC") and Subrecipient, City of
Edmonds (hereinafter "City of Edmonds"), and supports the work described in the approved final scope of
work, which is incorporated by reference into this Award and attached in Exhibit A. All work on this
project should be consistent with the Authorized Scope of Work unless modified by the appropriate
authority as described in 4.2 below.
PSRC is a Metropolitan Planning Organization under federal law (23 USC 134) and a Regional Planning
Transportation Planning Organization under state law (RCW 47.80) and has all powers necessary for the
performance of the work and obligations of this Agreement, and has the authority to contract with member
and non-member agencies for special services; and
City of Edmonds is a US Local Government under state law (RCW 43.21 C.120) and has all powers
necessary for the performance of the work and obligations of this Agreement;
The U.S. Department of Transportation (hereinafter the "USDOT"), has expressly consented to this
Award; and
NOW, THEREFORE, in consideration of the covenants, assurances and mutual promises herein the
Parties agree as follows:
To ensure effective intergovernmental cooperation and efficiencies, the Parties each designate a
representative (the "Designated Representative") who shall be responsible for coordination of
communications between the Parties and shall act as a central point of contact for each Party. The
Designated Representatives shall each be responsible for the administration and performance of the
Scope of Work of this Award, as well as ensuring that schedule, budget, and funding limitations of this
Agreement are satisfied. Each Designated Representative is also responsible for coordinating the input
and work of its respective governmental agency or department staff, consultants and contractors as it
relates to the scope of this Agreement.
A Party may change its Designated Representative by written notice to the other Party. Each Party's
Designated Representative is named below with the individual's contact information.
PSRC Designated Representative. The Designated Representative for PSRC is Gary Simonson. They
may designate other staff as the principal contact for daily work coordination. All official correspondence
concerning this Agreement shall be directed to the Designated Representative at the following address:
Puget Sound Regional Council
Attn: Gary Simonson, Senior Planner
1201 3rd Avenue, Suite 500
Seattle, WA 98101
Phone: 206-971-3276
Email: gsimonson@psrc.org
Packet Pg. 41
2.4.a
City of Edmonds Designated Representative. The Designated Representative for City of Edmonds is Mr.
Bertrand Hauss. They may designate other staff as the principal contact for daily work coordination. All
official correspondence concerning this Agreement shall be directed to the Designated Representative at
the following address:
City of Edmonds Phone: 425-754-5325
Attn: Bertrand Hauss
Title: Transportation Engineer
121 51h Ave. N
Edmonds, WA 98020 Email: bertrand.hauss@edmondswa.gov
3.1. In its performance of this Subaward Agreement, City of Edmonds shall be an independent entity and
not an employee or agent of PSRC.
3.2. City of Edmonds must obtain the prior written approval of PSRC whenever any programmatic
changes are anticipated, including but not limited to the following:
a) Any revision of the Scope of Work or objectives of the project (regardless of whether there is an
associated budget revision requiring prior approval).
b) Changes in key persons in cases where specified in an application or a grant award. In research
projects, a change in the project director or principal investigator shall always require approval
unless waived by the USDOT.
C) Under non -construction projects, contracting out, subgranting (if authorized by law) or otherwise
obtaining the services of a third party to perform activities, which are central to the purposes of
the award.
d) Transfer of budgeted amounts.
e) No -cost extensions.
3.3. Governmentwide Debarment and Suspension
City of Edmonds shall comply with the provisions of 2 C.F.R. Part 200, Appendix II, "Contract Provisions
for Non -Federal Entity Contracts Under Federal Award", Section I, (published in the Federal Register on
December 26, 2013, 78 FR 78608), which generally prohibit entities that have been debarred,
suspended, or voluntarily excluded from participating in Federal non -procurement transactions either
through primary or lower tier covered transactions, and which sets forth the responsibilities of recipients of
Federal financial assistance regarding transactions with other persons, including subrecipients and
contractors.
City of Edmonds (and all subcontractors, if any) must maintain current registration in the System for
Award Management (www.sam.gov) at all times during which they have active federal awards or
subawards, including for this Agreement.
3.4. Indemnification
To the extent permitted by law, each Party to this Agreement shall indemnify the other Party and its
officers, officials, employees, and agents, while acting within the scope of their employment, from any and
all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or
damages to property, which arise out of, or in any way result from, due to, any acts or omissions of the
indemnifying Party in the implementation of this Agreement or any agreement between City of Edmonds
and its subcontractor(s).
No Party shall be required to indemnify the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the Party seeking indemnification.
Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence.
Packet Pg. 42
2.4.a
Each Party by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that
would otherwise be available against such claims under the industrial insurance provisions of Title 51
RCW.
This indemnification shall survive the termination of this Agreement.
3.5. Compliance with Federal Award Obligations. The Award is subject to, and City of Edmonds shall
comply with, the terms and conditions of the Award and the Department of Transportation General Terms
and Conditions (February 8, 2023) (see attachments 1 and 2), including all applicable statutes,
regulations, executive orders (E.O.$), Office of Management and Budget (OMB) circulars, provisions of
the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), and approved applications.
City of Edmonds is also a party to the award, and the parties want City of Edmonds to carry out certain
Project components with PSRC's assistance, financial management, internal controls, and oversight as
described in Article 17 of this agreement. PSRC, as a pass -through entity, shall monitor the activities of
City of Edmonds in compliance with 2 C.F.R 200 332(d) with respect to a subrecipient's performance of
work under a subaward of this SS4A Grant.
4.1. Budget
The estimated budget to accomplish the tasks described in the Scope of Work for this project is
incorporated in Exhibit B of this Agreement. This budget reflects the Parties' best estimates of the
amounts that may be required to accomplish the total work under this Agreement. Actual amounts
reimbursable shall be based on actual work performed. In the event it is determined that the Scope of
Work has been accomplished by City of Edmonds for a lesser amount, PSRC shall only pay
reimbursements for documented costs. In no event shall City of Edmonds be paid for costs that are not
documented pursuant to the requirements of this Agreement.
4.2. Payments/Invoices
PSRC shall reimburse City of Edmonds not more often than monthly for costs incurred in the performance
of this Award, which are determined to be allowable, allocable, & reasonable in accordance with 2 CFR
Part 200. All invoices shall be submitted using City of Edmonds' standard invoice, but at a minimum shall
include current and cumulative costs, subaward number, and certification (Exhibit C), as required in 2
CFR 200.415 (a). PSRC shall not transfer nor be obligated to transfer any funds in advance of its
approval of such requests.
Documentation of all expenses eligible for reimbursement shall be maintained by City of Edmonds and
shall, upon request by PSRC, be provided prior to reimbursement as required by this Award. All invoices
presented for payment shall include a reasonable description of the tasks performed that correspond to
the amounts invoiced.
To assure payment processing in a timely manner, City of Edmonds shall submit all invoices, required
reports, and documentation to the attention of:
PSRC
Attn: Finance
1201 3rd Avenue, Suite 500
Seattle, WA 98101
206-464-7090
Finance(a)psrc.orq
PSRC shall review and pay reimbursable amounts within 45 days of receipt of the invoice.
PSRC reserves the right to withhold payments pending timely delivery and proper completion of the
reports or documents as may be reasonably required under this Agreement.
Packet Pg. 43
2.4.a
4.3. Prohibited Use of Funds
City of Edmonds may not use funds for the following ineligible activities:
(a) Ineligible costs under 2 C.F.R Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards;
(b) Any activities prohibited under the Grant between USDOT and PSRC dated April 17, 2024.
4.4. Final Payment
Final payment will be made to City of Edmonds upon final completion of the work and upon written
acceptance by PSRC's Designated Representative. Any required adjustments shall be reflected in the
final invoice.
4.5. Use of Consultants/Contractors
For all proposals and contracts where costs are expected to exceed $100,000, the scope of work and the
costs of such must be submitted to and approved by USDOT prior to employment of such consultants or
contractors. City of Edmonds will ensure that any consultant or contractor paid from funds provided under
this Award is bound by all applicable award terms and conditions. USDOT shall not be liable hereunder to
a third party nor to any party other than PSRC.
In addition, all procurements shall adhere to PSRC's Procurement Policies and Procedures as updated
March 2023.
$10,000 or under Micro purchase: No competition required.
$10,001-$250,000* Small purchase: Competition required with documentation of an adequate
number of price/rate quotes.
Over $250,000* Competitive proposal: Competition required with documentation of at least
two formal, written bids, proposals or qualifications, as well as an
independent cost estimate.
Pre -approval required Noncompetitive proposal: Only when competitive method is infeasible and
certain situations apply.
*In addition, all contracts over $100,000 shall include applicable lobbying certifications as stated in
section 10.15.
5.1. Reports and Documentation
Project Progress Reports: City of Edmonds agrees to assist PSRC with Project Progress Reports on a
quarterly basis for the period(s) ending June 2024, or any portion thereof. City of Edmonds will supply
report content, e.g. summaries of work completed, to PSRC no later than 10 days following the end of the
period. Reports are due no later than 30 days following the end of the period.
Performance Progress Reports submitted to USDOT by PSRC should include the following:
L Provide a clear, concise overview of the activities undertaken during the Project Period;
ii. Document accomplishments, benefits, and impacts that the Project and Activities are having.
Recipients should note specific outcomes where activities have led to job creation/retention,
private investment, increased regional collaboration, engagement with historically excluded
groups or regions, enhanced regional capacity, and other positive economic benefits;
iii. Highlight any upcoming or potential press events or opportunities for collaborative press events to
highlight benefits of the USDOT investment;
Packet Pg. 44
2.4.a
iv. Compare progress with the project timeline, explaining any departures from the targeted
schedule, identifying how these departures are going to be remedied, and projecting the course
of work for the next period;
V. Outline challenges that currently impact or could impact progress on the grant over the next
reporting period and identify ways to mitigate this risk; and
vi. Outline any areas where USDOT assistance is needed to support the project or any other key
information that would be helpful for your USDOT Project Officer to know.
Final Project Reports may be posted on USDOT's website, used for promotional materials or policy
reviews, or may be otherwise shared. Recipients should not include any copyrighted or other sensitive
business information in these reports. There is no specific page limit for Final Project Reports; however,
such reports should concisely communicate key project information, and should:
i. Outline the specific regional need that the project was designed to address and update on
progress made during the reporting period that will mitigate need and advance economic
development;
ii. Provide a high-level overview of the activities undertaken;
iii. Detail lessons learned during the project period that may be of assistance to USDOT or other
communities undertaking similar efforts;
iv. Outline the expected and actual economic benefits of the project as the time that the report is
written; and
V. Any other key information from the relevant project period
5.2. Availability of Records
All project records in support of all costs and actual expenditures incurred by City of Edmonds and its
Sub-Contractor(s) under this Agreement shall be maintained by City of Edmonds and its Sub-
Contractor(s) and open to inspection by PSRC (or its federal funding agency) during normal business
hours, and shall be retained and made available for such inspection for the duration of the State and
Federal records retention requirements from final payment of funds under this Agreement to PSRC.
Copies of said records shall be furnished to PSRC and/or its federal funding agency upon request. This
requirement shall be included in all subcontracts related to the work entered into by City of Edmonds to
fulfill the terms of this Agreement.
By signing the Subaward Agreement, the Authorized Official of Subrecipient certifies, to the best of
his/her knowledge and belief, that:
Certification Regarding Lobbying
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or intending to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the
Pass -through Entity.
3) The Subrecipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Packet Pg. 45
2.4.a
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Debarment, Suspension, and Other Responsibility Matters
Subrecipient certifies by signing this Subaward Agreement that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any federal department or agency.
Audit and Access to Records
Subrecipient certifies by signing this Subaward Agreement that it complies with the Uniform Guidance, will
provide notice of the completion of required audits and any adverse findings which impact this subaward
as required by 2 C.F.R. parts 200.501 and 200.521, and will provide access to records as required by
parts 200.336, 200.337, and 200.201 as applicable.
Right to Audit and Disallow and Recover Funds
The Federal government reserves the right to seek recovery of any funds that were not expended in
accordance with the requirements or conditions of this Agreement based upon USDOT review, the final
audit, or any other special audits or reviews undertaken. USDOT has the right to order a special audit,
even if PSRC's auditor or a cognizant agency has already conducted one.
City of Edmonds shall be solely responsible for the administration of and the completion and quality of
work performed under any contracts executed by City of Edmonds. In no event shall any contract
executed by City of Edmonds be construed as obligating PSRC. Any claims arising out of the separate
contracts of City of Edmonds for work under this Agreement are the sole responsibility of City of
Edmonds. All contracts shall comply with all applicable public works and procurement laws and
regulations, including, but not limited to, applicable bonding, prevailing wage, nondiscrimination,
retainage, insurance, and workers compensation requirements.
7.1. Direct Supervision
Nothing in PSRC's exercise of the right to inspect or accept the work performed by City of Edmonds shall
reduce City of Edmonds' responsibility for the proper execution of the work or relieve City of Edmonds
from its responsibility for direct supervision of the work. When PSRC exercises its right to inspect or
accept the work performed by City of Edmonds, it shall not be deemed or construed to be in control of the
work under this Agreement.
7.2. Sub -recipient Monitoring
PSRC reserves the right to monitor and manage subrecipients, including lower tier subrecipients. At a
minimum, monitoring of City of Edmonds will include:
i. Review of financial and programmatic reports;
ii. Following -up and ensuring that City of Edmonds takes timely and appropriate action on all
deficiencies pertaining to the Federal award provided to City of Edmonds from PSRC detected
through audits, on -site reviews, and other means; and
iii. If applicable, issuing a management decision for audit findings pertaining to the Federal award
provided to City of Edmonds from PSRC as required by 2 C.F.R. § 200.521 (Management
decision).
PSRC requires all subrecipients, including lower tier subrecipients, under the Award to comply with the
provisions of the Award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part
200) and all associated terms and conditions.
Packet Pg. 46
2.4.a
City of Edmonds will maintain at all times during the term of this Agreement, satisfactory limits of
insurance and/or self-insurance to protect against claims arising out of this Agreement. Such insurance or
self-insurance shall include General Liability, Business Automobile Liability, and Workers' Compensation
in accordance with statutory requirements under Title 51 RCW.
Each Party will require and cause its respective subcontractors of all tiers to maintain such insurance as
described above in sufficient amounts to protect the interest of the Parties. Such insurance shall be
confirmed by a Certificate of Insurance prior to commencement of the work.
The Parties hereby agree to require their respective insurers and their respective subcontractors of all
tiers, to waive subrogation rights against the other Party and such other Party's insurers.
It is understood and agreed that insurance and/or self-insurance provided by the Parties under this
Agreement is not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by the Parties or their Contractors of any tier under their respective contracts or imposed by
applicable laws or regulations.
9.1. Termination for Default
Either Party may terminate this Agreement, in whole or in part, if the other Party substantially fails to fulfill
any or all of its obligations under this Agreement through no fault of the other Party, provided that insofar
as practicable, the Party terminating the Agreement will give:
a. Notice of intent to terminate at least thirty (30) calendar days prior to the date of termination stating
the manner in which the other Party has failed to perform the obligations under this Agreement; and
b. An opportunity for the other Party to cure the default. If City of Edmonds is the party in default,
PSRC shall provide an opportunity for City of Edmonds to cure the default as provided in Section
14.2. If PSRC is the party in default, City of Edmonds shall give PSRC a Notice of Termination
stating the time period in which cure is permitted and any other appropriate conditions.
c. Provided however, that if PSRC's funding agency terminates financial support for the project at any
time, either party shall have the right to immediately terminate this Agreement by giving written
notice thereof.
If the other Party fails to remedy the default or the breach to the satisfaction of the other Party within the
time period established in the Notice of Termination or any extension thereof granted by the Party not at
fault, the other Party may terminate this Agreement. However, any terms of this Agreement relevant to a
dispute that is unresolved at the time of termination shall survive until the dispute is finally resolved.
9.2. Termination for Convenience
Either Party may terminate this Agreement, in whole or in part, for its convenience provided that the
terminating Party shall provide the other Party with an advance notice of at least thirty (30) calendar days
9.3. Notice of Termination
Notice of termination shall be given by the Party terminating this Agreement to the other Party in writing
The notice shall specify the effective date of termination, which shall not be sooner than the non -
terminating Party's receipt of the notice.
9.4. Rights and Duties of Parties Upon Termination
A termination by any Party shall not extinguish or release either Party from liability, claims, or obligations
to third parties existing as of the time of termination. Any costs incurred prior to the effective date of
termination will be borne by the Parties in accordance with the terms of this Agreement and this Section.
Packet Pg. 47
2.4.a
The record keeping requirements, payment, release and indemnification provisions set forth in this
Agreement and all remedial provisions shall survive termination of this Agreement.
Upon termination of this Agreement by expiration of the term or upon termination for the convenience of
the Parties, the Parties agree to work together cooperatively to develop a coordinated plan for terminating
the scope of work rendered up until the time of termination and determining reasonable contract close-out
costs for termination for convenience or as a result of PSRC's default or breach. In the event of
termination by default or breach, PSRC shall only be obligated to compensate City of Edmonds for the
portion of work that has been satisfactorily rendered to the date of termination according to the terms of
this Agreement.
10.1. Rights and Remedies
The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies
provided by law, except as otherwise provided in this Agreement.
10.2. No Agency
No joint venture or partnership is formed as a result of this Agreement. No employees, agents or
subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other
Party.
10.3. Third Party Rights
It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and USDOT,
and gives no right to any other entity. Nothing in this Agreement, whether express or implied, is intended
to confer any rights or remedies under or by reason of this Agreement on any persons other than the
Parties and USDOT.
10.4. Assignment/Successors
No Party shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the
same, whether by assignment or novation, without prior written consent by the other Party. This limitation
does not, however, prevent City of Edmonds from selecting subcontractors or consultants to perform the
work authorized by this Agreement. All of the terms, provisions, and conditions of this Agreement will be
binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted
assigns, and legal representatives.
10.5. Compliance with Laws
City of Edmonds shall comply, and to the best of its ability shall ensure, that its employees, agents,
consultants, and representatives comply with all federal, state, and local laws, regulations, and
ordinances applicable to the work to be performed. The work performed by City of Edmonds under this
Agreement shall comply with all applicable public works and procurement laws and regulations, including,
but not limited to, bonding, prevailing wage, nondiscrimination, retainage, insurance, and workers
compensation requirements.
10.6. Governing Law and Venue
This Agreement will be governed by, and construed and enforced in accordance with, the laws of the
State of Washington. Any legal action resulting from this Agreement shall be brought in the Superior
Court of King County.
10.7. Notice
All notices or requests required or permitted under this Agreement shall be in writing, shall be personally
delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission
and shall be deemed received three (3) business days following the date when mailed or on the date
Packet Pg. 48
2.4.a
when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All
notices or requests shall be sent to PSRC and City of Edmonds addressed as shown in Section 3.0.
10.8. Waiver of Default
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
a provision of this Agreement, including failure to require full and timely performance of any provision,
shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such in writing, signed by authorized
parties, and attached to the original Agreement.
10.9. Severability
If any of the terms and conditions of this Agreement are determined to be invalid or unenforceable by a
court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full
force and effect. The Parties agree to negotiate in good faith to reform the Agreement to replace any
invalid or unenforceable term and/or condition with a valid and enforceable term and/or condition that
comes as close as possible to the intention of the stricken term and/or condition.
10.10. Warranty of Right to Enter into Agreement
The Parties each warrant that they have the authority to enter into this Agreement and that the persons
signing this Agreement have the authority to bind such person's respective entity.
10.11. Publicity
The Parties to this Agreement shall not make any formal press releases, news conferences or similar
public statements concerning this Agreement without prior consultation with the other Party.
10.12. Future Support
PSRC makes no commitment of future support and assumes no obligation for future support of the
activity contracted herein except as set forth in this Agreement.
10.13. Exhibits
All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent
otherwise provided herein.
10.14. Limitation on Payments to Influence Certain Federal Transactions
Section 1352 of Title 31 of the U.S. Code provides in part that no appropriated funds may be expended
by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and
officer or employee of Congress, or an employee of Member of Congress in connection with any of the
following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
10.15. Lobbying Restrictions
Statutory Provisions
1. Non -Federal entities shall comply with 2 C.F.R. § 200.450 ("Lobbying"), which incorporates the
provisions of 31 U.S.C. § 1352; the "New Restrictions on Lobbying" published at 55 FR 6736
(February 26, 1990); and OMB guidance and notices on lobbying restrictions. In addition, non -Federal
entities must comply with the DOC regulations published at 15 C.F.R. Part 28, which implement the
"New Restrictions on Lobbying". These provisions prohibit the use of Federal funds for lobbying the
Packet Pg. 49
2.4.a
executive or legislative branches of the Federal Government in connection with the award, and
require the disclosure of the use of non -Federal funds for lobbying. Lobbying includes attempting to
improperly influence, meaning any influence that induces or tends to induce a Federal employee or
officer to give consideration or to act regarding a Federal award or regulatory matter on any basis
other than the merits of the matter, either directly or indirectly. Costs incurred on to improperly
influence are unallowable. See 2 C.F.R. § 200.450(b) and (c).
2. Disclosure of Lobbying Activities
Any non -Federal entity that receives more than $100,000 in Federal funding shall submit a completed
Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non -Federal funds for
lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the calendar
quarter in which there occurs any event that requires disclosure or that materially affects 22 1
December 26, 2014 the accuracy of the information contained in any disclosure form previously filed.
The non -Federal entity must submit any required Forms SF-LLL, including those received from
subrecipients, contractors, and subcontractors, to the Grants Officer.
10.16. Confidentiality
The Parties acknowledge that the prohibitions against disclosure of information or records described in
this Section 10.16 is limited by and not applicable where any law, rule, regulation or court proceeding
requires or allows disclosure of information and documents, and neither Party is required to notify the
other or any program beneficiary regarding such allowed or required disclosure.
City of Edmonds and any subgrantees, subcontractors or vendors must maintain confidential files on
individual program beneficiaries served associated with this Agreement. Recipient staff must keep paper
files in a locked filing cabinet and protect all electronic files related to individual beneficiaries with a
personal password.
The service providers shall maintain primary access to individual beneficiary files. Other project
management staff may have access to these files only if they contain a "release of information" consent
form signed by the individual beneficiary. A release of information form must clearly indicate which
parties may have access to an individual beneficiary's file. Such parties might include the management
staff and USDOT staff. City of Edmonds may only share individual beneficiary files with those parties
listed on the signed form. If an individual beneficiary has not signed the consent form the parties listed
may not read that individual beneficiary's file.
These categories serve as guidelines to City of Edmonds staff and management staff. City of Edmonds
must determine if the individual beneficiary's confidential information will significantly affect the safety and
security of that individual or City of Edmonds itself.
10.17. Entire Agreement
This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the
matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior
negotiations and draft written aqreements are merqed into and superseded by this Aqreement.
If City of Edmonds contracts or subawards funds under this Agreement with a person or entity to perform
work under this Award, City of Edmonds shall include in the contract or subaward agreement such
provisions as may be necessary to ensure that all contractors and subgrantees comply with the
requirements of the grant and reporting provisions as set forth in these terms and conditions or as
established by USDOT and the Office of Management and Budget (OMB).
All subgrantees are required to obtain a Unique Entity ID (or update its existing record), in the System for
Award Management prior to award.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Agreement as of
the date written below.
Packet Pg. 50
2.4.a
City of Edmonds:
121 5t" Ave. N
Edmonds, WA 98020
By:
Mike Rosen
Mayor, City of Edmonds
Date:
Approved as to form:
Bv:
Office of the City Attorney
City of Edmonds
PSRC:
Puget Sound Regional Council
1201 V Avenue, Suite 500
Seattle, Washington 98101
By:
Date:
Josh Brown, Executive Director
Puget Sound Regional Council
Packet Pg. 51
2.4.a
Exhibit A
Scope of Work for City of Edmonds' Safety Action Plan
City of Edmonds Tasks and Timeline:
Objective/Task
Date/Period of Completion
1.
Project Management
Fall 2024 to Summer 2025
• Project initiation and management
• Prepare for and participate in team meetings
• Monitor scope of work and budget
• Review invoices and prepare grant bills
2.
Data Collection and Analysis
Fall 2024
• Counts
• Speed Studies
• Crash Analysis
3.
Existing Policy Review and Documentation
Fall 2024
• Comprehensive Plan
• Complete Street Ordinance
• Transportation Improvement Plan
4.
Outreach and Community Engagement
Winter 2025
5.
Policy Development
Spring 2025
• Vision Zero Framework
• Review of Street Standard Details
• Traffic Calming Program
• Complete Streets Checklist
6.
Scoping and Development of Prioritized Safety
Projects
Spring 2025
• High Risk Corridor / Network Projects
• Pedestrian Safety Projects
• Bicycle Safety Projects
• Intersection & Spot Safety Improvements
7.
Final Report
Summer 2025
• Vision Zero Policy
• Crash Data Analysis and Evaluation
• Proposed Actions including countermeasures and
transportation projects
Packet Pg. 52
2.4.a
Exhibit B
Project Budget
Amounts Based on $300,000 Grant Award, $75,000 Match
Item
Grant Share
Match
Personnel
$42,400
$10,600
Fringe Benefits
$17,600
$4,400
Travel
Equipment
Supplies
Contractual
Construction
Other Consultant
$240,000
$60,000
Total Direct Charges
$300,000
$75,000
Indirect Charges
Total Charges
$300,000
$75,000
Packet Pg. 53
2.4.a
To: Puget Sound Regional Council
Attn: Accounts Payable
1201 3rd Avenue, Suite 500
Seattle, Washington 98101
Project Title: City of Edmonds
Project Agreement Number: 2024-09
Invoice Period: From to
Requisition for Payment
and Reporting Template
From: City of Edmonds
121 5t" Ave. N
Edmonds, WA 98020
Exhibit C
Budget Table
Line Item
Current Expense
Total Expense
to Date
Contract Budget
Personnel
$
$
$
Fringe Benefits
$
$
$
Travel
$
$
$
Equipment
$
$
$
Supplies
$
$
$
Contractual
$
$
$
Other (Consultant)
$
$
$
Total Direct Charges
$
$
$
Indirect Charges
$
$
$
Total Requisition this Period
$
$
$
I certify that the expenses listed above have been properly incurred in the accomplishment of the services
of this Agreement.
Name, Title
Date
Packet Pg. 54
2.5
City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of Supplemental Agreement with WSP for construction management services on the 76th
Ave Overlay project.
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On August 23, 2022, City Council approved a Local Agency Consultant Agreement with WSP for
construction management and inspection services on the 76th Ave Overlay project.
On August 15, 2023, City Council approved a supplemental agreement with WSP.
On October 17, 2023, City Council approved a supplemental agreement with WSP
Staff Recommendation
Forward item to consent agenda for approval.
Narrative
The City contracted with WSP in August 2022 to provide construction management and material
services for the 76th Ave Overlay project. The construction work is complete and final close-out will
continue in 2024. The term of the agreement is being extended thru June 2025 so WSP can assist with
the close-out process and be available if WSDOT performs an audit on the federal documents and
project billing.
Local agencies must use WSDOT's Local Agency Consultant Agreement when there are federal or state
transportation grant funds. The Agreement includes a completion date. The proposed Supplemental
Agreement is only necessary to extend the contract time and it is a no cost adjustment.
Attachments:
Attachment 1 - Area Map
Attachment 2 - Agreement
Packet Pg. 55
76TH AVE PAVE - AREA MAP
2.5.a
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Packet Pg. 56
2.5.b
Washington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number 3
WSP USA Inc
1001 4th Ave, Ste 3100
Seattle, WA 98154
Original Agreement Number
LA-10024
Phone: 206-431-2269
Project Number
Execution Date
Completion Date
STPUL-2511(005)
08/24/2022
06/30/2025
Project Title
New Maximum Amount Payable
City of Edmonds 76th Avenue W Overlay Project
$ 137,612 (unchanged)
Description of Work
Extending the contract date. (No cost change)
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with WSP USA Inc
and executed on 8/24/2022 and identified as Agreement No. LA-10024
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: "Completion Date" is extended without adding days to the scope of work
III
Section V, PAYMENT, shall be amended as follows:
No change
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By: Mike Rosen, Mayor
Consultant Signature Approving Authority Signature
DOT Form 140-063
Revised 09/2005 Packet Pg. 57
2.5.b
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1
Total
Direct Salary Cost
Overhead
(Including Payroll Additives)
Direct Non -Salary Costs
Fixed Fee
Total
$127,622
$9,990
$137,612
DOT Form 140-063
Revised 09/2005 Packet Pg. 58
2.6
City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of Supplemental Agreement with SCJ for Hwy 99 Revitalization Stage 3
Staff Lead: Rob English/Bertrand Hauss
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On October 11, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were
presented to the Parks and Public Works Committee and it was forwarded to full council.
On October 25, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were
presented to City Council.
On November 1, 2022 the professional services agreements with SCJ for Highway 99 Stages 3 & 4 were
approved by City Council.
On March 28, 2023, City Council approved the new active transportation recommendations along Hwy
99 and new capacity recommendations at Hwy 99 @ 220th St. SW into the Design phase.
On March 19, 2024, a design update was presented to City Council.
Staff Recommendation
Forward item to consent agenda for approval.
Narrative
The goal of the Highway 99 Revitalization project is to extend the successful transformation of Highway
99 in Shoreline through Edmonds from 244th St. SW to 210th St. SW. Due to the high cost of completing
all the other proposed improvements along the corridor, the 2.25 mile stretch was divided into 7
segments.
The scope of the Stage 3 segment, from 244th St. SW to 238th St. SW, includes capacity improvements
at Hwy 99 at 238th St. SW with the addition of a left turn lane for the northbound movement. A planter
strip, bike lane, new sidewalk, new street/pedestrian lighting will be added on both sides of the street,
along with utility improvements.
The supplement consists of the following additions:
- Additional roadway and stormwater design work along 238th St. SW from Hwy 99 to 84th Ave.
W, south of SR-104 interchange, and Complete Streets along the entire corridor;
- Additional survey to complete this added work;
Packet Pg. 59
2.6
- Stormwater design changes based on draft 2024 Stormwater Management Manual for
Western Washington (Stormwater Analysis and Drainage Memo);
- Cost estimating comparison between project with Complete Streets and Original Scope of
Work - to be used for future Interlocal Agreement with WSDOT; and
- Cultural Resources work that was not included in Original Consultant Agreement.
The total cost for this Supplement is anticipated to be between $375k to $400k. Negotiations with SCJ is
on -going and the final amount will be provided during the Committee meeting. The initial contract
amount for this contract was $3,082,229 for the completion of the design phase (including $154,000 in
management reserve) and $135,224 for the start of the right of way phase (for total contract amount of
$3,217,053). The funding source for this Supplement will be through Connecting Washington State
Transportation Funds.
Attachments:
Attachment 1 - Scope of Work
Packet Pg. 60
2.6.a
-4460-
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SC.J ALLIANCE
CONSULTING SERVICES
SCOPE OF WORK
HIGHWAY 99 GATEWAY -REVITALIZATION PROJECT - STAGE 3
Prepared For:
Prepared By:
Project Number:
Contract Number:
Date Prepared:
INTRODUCTION
Description of Work
244TH STREET SW TO 238TH STREET SW
AMENDMENT 1
CITY OF EDMONDS, WA
Bertrand Hauss, Project Manager I City of Edmonds
Rob English, City Engineer I City of Edmonds
Scott Sawyer, PE I SCJ Alliance (Prime), with:
1. 1 Alliance Geomatics, 1AG (Survey and Right of Way Calculations)
2. Historical Research Associates, HRA (Cultural Resources)
3. Osborn Consulting, OCI (Stormwater)
21-P00551
LA-10229
May 29, 2024
At the time the original scope of work was written, the objective of the Edmonds Highway 99 Gateway
Revitalization Stage 3 project was to design and construct improvements to Highway 99 from 244th Street SW to
238th Street SW consistent with the Conceptual Plans developed in the Highway 99 Revitalization Stage 1
planning project and the Highway 99 Revitalization & Gateway Stage 2 construction. Those improvements
included extending the transformation of Highway 99 in Shoreline through Edmonds. The scope of the project
included replacement sidewalks, new street lighting, crosswalks with mid -crossing landings where possible,
improved stormwater management, targeted utility replacements, a new dual -left turn pocket for NB traffic at
238th Street SW, potential undergrounding of overhead distribution utilities, landscaping, softscape treatments
and other streetscape improvements to speak to the unique character of Edmonds.
Since that time, changes have occurred to the nature of the project. WSDOT added a Complete Streets element
to the project and the City of Edmonds will adopt to new 2024 Ecology manual. This amendment includes work
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work —Amendment 1
City of Edmonds Packet Pg. 61
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
for those changes including the new complete streets element for the project including roadway and
stormwater work along 238th Street SW, roadway and stormwater work south of the 104th interchange, updates
to the stormwater to convert to the 2024 manual, additional survey work to support this design effort, and work
necessary to complete the cultural resources work that was not included in the original contract.
SCOPE OF WORK
Phase 1 Project Management (no change)
Phase 2 Funding and Grant Assistance (no change)
Phase 3 Survey and Basemapping (1AG) (SC17)
Task 1 Survey and Basemapping Beyond Curbs (added work, SC17)
Perform survey and base mapping for the project area after receiving the notice to proceed, including the
following:
1) Survey Control. (added work SC17) This work includes right of way calculations along 238th beyond the
limits of the original contract. This work extends the right of way on the western leg of 238th to the
intersection of 84th Ave W.
2) 3D Laser Scanning. (no change)
3) Field Surveying. (no change)
4) Office Processing. (no change)
5) Utility Mapping. (no change)
Additional deliverables not included in original scope of work
• Updated AutoCAD Civil 3D survey base map
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 62
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
Task 2 Survey and Basemapping Between Curbs (no change)
Task 3 Survey of Potholing Information (no change)
Phase 4 Potholing (no change)
Phase 5 Utility Coordination (no change)
Phase 6 Geotechnical Engineering (no change)
Phase 7 WSDOT Project Development Approval (SCJ) (SC25)
Task 1 Combined Design Approval -Project Development Approval (no change)
Task 2 Basis of Design (no change)
Task 3 Design Parameter Checklist (no change)
Task 4 Design Analysis (no change)
Task 5 ADA and MEF Documentation (no change)
Task 6 Vehicle Turning Exhibits and Channelization Plans for Approval (no change)
Task 7 Cost Estimating for Complete Streets vs Original Project Scope (new work,
SC25)
This task is new to Amendment 1 and was not included in the original scope of work. This task consists of
preparing a cost estimate memo for the City that compares the cost of the current project (with Complete
Streets) compared to the original scope of improvements (without Complete Streets) to determine the net cost
increase due to Complete Streets. This memo will be prepared for the City for their ILA discussions with WSDOT
1) Develop Method. Prepare a method to generate quantities for the project without Complete Streets
that can be subtracted from the total project cost developed for the 30% plan. This task will use an
earlier design of the project from before WSDOT added the complete streets to the project and progress
that design far enough along to generate quantities.
2) Prepare Estimate. Using Bluebeam, pull quantities from the design completed above. Prepare a new
cost estimate for these quantities.
3) Prepare Memo. Compile the information from the previous subtasks into a short (1-2 page) memo that
will aid the City in their ILA discussion with WSDOT.
Additional deliverables not included in original scope of work
• Cost Estimate comparison memo (pdf)
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 63
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
Phase 8 Traffic Analysis (no change)
Phase 9 Design Management and Meetings (no change)
Phase 10 Transportation Design (SG) (SC14, SC15)
Task 1 30% Transportation Plans (no change)
Task 2 60% Transportation Plans (added work, SC14, SC15)
1) Roadway Design — 2381h St SW (SC13). This subtask is updated to include scope for the roadway design
along 238th St SW. This includes the work associated with design for a new bike lane, new sidewalks,
new curb, new curb ramps, pavement widening, and new driveways. Advance the following sheets to
reflect the advancement of the design from the 30% to 60% level and develop plans as noted.
• Site Preparation Notes, Plans and Details
• Alignment Plans
• Right of Way Plans
• Channelization Notes, Plans, and Details
• Signing Notes, Plans, Schedules, and Details
• Illumination Design
• Roadway Typical Sections
• Paving Notes, Plans, and Details. Develop details for paving transitions and interfaces with private
property.
• Curb Ramp Plans. Design the grades of the sidewalks and curb ramps to meet WSDOT and ADA
standards. Coordinate with the City to gain approval of any curb ramps requiring MEF
documentation prior to the submittal. Up to six (6) curb ramps are included.
• Driveway Profiles and Details. Coordinate with the City to locate and size driveways per the City
development code and to consolidate driveways as needed. Coordinate consolidation with the right
of way acquisition team. Advance driveway and property interface grading and develop driveway
profiles and details as needed for up four (4) driveways.
• Staging Plans. Prepare a staging concept that efficiently constructs this project and depict on staging
plans. These will not include the identification of Contractor laydown areas.
• Traffic Control Plans. Prepare staging concepts and develop traffic control plans for the project.
• Pedestrian Control Plans. Prepare pedestrian detour plans needed to construct the project including
ADA curb ramps, new sidewalks and driveways, and revised signals.
2) Roadway Design — South of 104th Interchange (SC15). This subtask is updated to include scope for
complete streets including new sidewalks, bike lanes, landscape strips, curb ramps, and driveway
improvements south of the 104th interchange. Advance the following sheets to reflect the advancement
of the design from the 30% to 60% level and develop plans as noted.
• Site Preparation Notes, Plans and Details
• Illumination Design
• Paving Notes, Plans, and Details. Develop details for paving transitions and interfaces with private
property.
• Curb Ramp Plans. Design the grades of the sidewalks and curb ramps to meet WSDOT and ADA
standards. Coordinate with the City to gain approval of any curb ramps requiring MEF
documentation prior to the submittal. U30p to six (6) curb ramps are included.
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 64
2.6.a
SC.J ALLIANCE
CONSULTING SERVICES
• Driveway Profiles and Details. Coordinate with the City to locate and size driveways per the City
development code and to consolidate driveways as needed. Coordinate consolidation with the right
of way acquisition team. Advance driveway and property interface grading and develop driveway
profiles and details as needed for up to four (4) driveways.
• Pedestrian Control Plans. Prepare pedestrian detour plans needed to construct the project including
ADA curb ramps, new sidewalks and driveways, and revised signals.
Task 3 9001b Transportation Design (added work, SC14, SC15)
1) Roadway Design — 23811 St SW (SC13). This subtask is amended to add work to advance the sheets
identified in Task 2 to reflect the advancement of the design from the 60% to 90% level.
2) Roadway Design - South of 104th Interchange (SC15). This subtask is amended to add work to advance
the sheets identified in Task 2 to reflect the advancement of the design from the 60% to 90% level.
Task 4 95010 Transportation Design (added work, SC14, SC15)
1) Roadway Design — 238th St SW (SC13). This subtask is amended to add work to advance the sheets
identified in Task 2 to reflect the advancement of the design from the 90% to 95% level.
2) Roadway Design - South of 104th Interchange (SC15). This subtask is amended to add work to advance
the sheets identified in Task 2 to reflect the advancement of the design from the 90% to 95% level.
Task 5 100010 Transportation Design (added work, SC14, SC15)
1) Roadway Design — 238th St SW (SC13). This subtask is amended to add work to advance the sheets
identified in Task 2 to reflect the advancement of the design from the 95% to 100% level.
2) Roadway Design - South of 104th Interchange (SC15). This subtask is amended to add work to advance
the sheets identified in Task 2 to reflect the advancement of the design from the 95% to 100% level.
Additional deliverables not included in original scope of work
• None
Phase 11 Traffic and Electrical Design (no change)
Phase 12 Stormwater Design (OCI) (SC13, SC16, SC28)
Task 1 30% Stormwater Management Technical Memorandum (no change)
Task 2 Stormwater Analysis and Drainage Report (added work, SC16)
1) Drainage Report (SC16). The stormwater drainage report will follow the 2024 Ecology Stormwater
Manual for Western Washington (SWMWW) to meet the project minimum requirements. This triggers
additional treatment requirements compared to the 2022 City of Edmonds Stormwater Code Addendum
(effective July 1, 2022), which was in the original contract. Stormwater calculations and methodology
will be provided per the 2022 City of Edmonds Stormwater code addendum (effective July 1, 2022) per
the original contract. Due to changes in the manual, the project minimum requirement triggers for
runoff treatment has changed, leading to potential triggers for treatment in all TDAs. This leads to the
following changes to be incorporated in the hydraulic report.
• Update area tallies and associated exhibits
• BMP Modeling using MGSflood and updating BMP exhibits
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 65
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
• Conveyance analysis and design including updating associated exhibits
• Additional coordination meetings with the City and City maintenance to discuss stormwater BMP
selection
• Update cost estimates for BMPs and stormwater conveyance
• Mitigating for existing stormwater BMPs impacted by the project
Update the Drainage Report for 60%, 90%, 95% and 100%.
2) Site Visits. (no change)
3) Update TDAs Delineation. (no change)
4) Calculate Area Updates. (no change)
5) Minimum Requirements. (no change)
6) Modeling. (no change)
7) Stormwater Pollution Prevention Plan (SWPPP). (no change)
8) WSDOT Hydraulics Coordination Meetings. (no change)
Task 3 30010 Stormwater Design (no change)
Task 4 6001b Stormwater Design (added work SC13, SC28)
1) Stormwater Design — 238' St SW (SC14). This subtask is amended to add work to advance the
stormwater design along 238th St SW. This includes the work associated with stormwater design for the
addition of a new bike lane, new sidewalks, new curb, new curb ramps, pavement widening, and new
driveways. Advance the following sheets to reflect the advancement of the design from the 30% to 60%
level and develop plans as noted.
• Drainage Plans
• Drainage Details
• Drainage Profiles
2) Stormwater Design — South of 104th Interchange (SC28). This subtask is amended to add work to
advance the stormwater design south of the 104th interchange. This includes the work associated with
stormwater design for the addition of new sidewalks, bike lanes, landscape strips, curb ramps, and
driveway improvements. Advance the following sheets to reflect the advancement of the design from
the 30% to 60% level and develop plans as noted.
• Drainage Plans
• Drainage Details
• Drainage Profiles
Task 5 90010 Stormwater Design (added work SC13, SC28)
1) Stormwater Design — 238th St SW (SC14). This subtask is amended to add work to advance the sheets
identified in Task 4 to reflect the advancement of the design from the 60% to 90% level.
2) Stormwater Design - South of 104th Interchange (SC15). This subtask is amended to add work to
advance the sheets identified in Task 4 to reflect the advancement of the design from the 60% to 90%
level.
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 66
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
Task 6 95% Stormwater Design (added work SC13, SC28)
1) Stormwater Design - 238t' St SW (SC14). This subtask is amended to add work to advance the sheets
identified in Task 4 to reflect the advancement of the design from the 90% to 95% level.
2) Stormwater Design - South of 104th Interchange (SC15). This subtask is amended to add work to
advance the sheets identified in Task 4 to reflect the advancement of the design from the 90% to 95%
level.
Task 7 100016 Stormwater Design (added work SC13, SC28)
1) Stormwater Design - 2381h St SW (SC14). This subtask is amended to add work to advance the sheets
identified in Task 4 to reflect the advancement of the design from the 95% to 100% level.
2) Stormwater Design - South of 104th Interchange (SC15). This subtask is amended to add work to
advance the sheets identified in Task 4 to reflect the advancement of the design from the 95% to 100%
level.
Additional deliverables not included in original scope of work
• None
Phase 13 Water Design (no change)
Phase 14 Sanitary Sewer Design (no change)
Phase 15 Utility Undergrounding Design (no change)
Phase 16 Art, Landscape, and Irrigation Design (no change)
Phase 17 Estimate of Probable Cost (SCJ and OCI) (added work SC13-SC15, SC28)
Task 1 30% Estimate of Probable Cost (no change)
Task 2 60% Estimate (added work SC13-SC15, SC28)
1) 60% Quantities (SC13-SC15, SC28). This subtask is amended to include work to prepare quantity take
offs for the work associated with 238th St SW and South of the 1041h interchange based on the 60% Plans
in BlueBeam and document quantities by sheet.
2) 60% Unit Costs (SC13-SC15, SC28). This subtask is amended to include work to research similar, recent
projects and determine unit costs to be used in the estimate for items unique to 2381h St SW and South
of the 1041h interchange. Document the source and calculation of each unit cost.
3) 60% Lump Sum Estimates (SC13-SC15, SC28). This subtask is amended to include work to prepare
rough lump sum estimates for bid items to be paid by LS for items unique to 2381h St SW and South of
the 1041h interchange.
4) 60% Estimate (SC13-SC15, SC28). This subtask is amended to update the estimate spreadsheet based
on the above subtasks.
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 67
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
Task 3 90% Estimate (added work SC13-SC15, SC28)
1) 90% Quantities (SC13-SC15, SC28). This subtask is amended to include work to prepare quantity take
offs for the work associated with 238th St SW and South of the 1041h interchange based on the 60% Plans
in BlueBeam and document quantities by sheet.
2) 90% Unit Costs (SC13-SC15, SC28). This subtask is amended to include work to research similar, recent
projects and determine unit costs to be used in the estimate for items unique to 238th St SW and South
of the 104th interchange. Document the source and calculation of each unit cost.
3) 90% Lump Sum Estimates (SC13-SC15, SC28). This subtask is amended to include work to prepare
rough lump sum estimates for bid items to be paid by LS for items unique to 238th St SW and South of
the 104th interchange.
4) 90% Estimate (SC13-SC15, SC28). This subtask is amended to update the estimate spreadsheet based
on the above subtasks.
Task 4 95010 Estimate (added work SC13-SC15, SC28)
1) 95% Estimate (SC13-SC15, SC28). This subtask is amended to include work to update the estimate
spreadsheet for work associated with 238th St SW and South of the 1041h interchange based on the 95%
Plans and 95% Project Manual.
Task 5 100% Estimate (added work SC13-SC15, SC28)
1) 100% Estimate (SC13-SC15, SC28). This subtask is amended to include work to update the estimate
spreadsheet for work associated with 238" St SW and South of the 104th interchange based on the 100%
Plans and 100% Project Manual.
Additional deliverables not included in original scope of work
• None
Phase 18 Construction Schedule (no change)
Phase 19 Quality Assurance and Quality Control (no change)
Phase 20 Assistance During Bidding (no change)
Phase 21 Public Involvement (no change)
Phase 22 NEPA and SEPA Documentation (SC19)
Task 1 NEPA Documentation (no change)
Task 2 SEPA Checklist (no change)
Task 3 Cultural Resources Reporting (HRA) (revised work SC19)
1) 106 Coordination. (no change)
2) APE Definition (no change)
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 68
2.6.a
i�
SCJ ALLIANCE
CONSULTING SERVICES
3) Survey and Inventory (revised work SC19). The following are added to the scope of work for the
completion of Subtask 23.3.3. The original contract did not include budget to complete this task. This
task is revised to the language below.
• Background Research. If required, HRA will conduct additional background research using
Department of Archaeology and Historic Preservation's (DAHP's) Washington Information System
for Architectural and Archaeological Records Data (WISAARD) to update the results of background
research completed for the Methods Memo. Additional research will be conducted via the HRA
library, General Land Office (GLO) maps, U.S. Geological Survey (USGS) maps, Metsker and Sanborn
Fire Insurance maps, soils and wetland data, and any other resources deemed appropriate during
the initial investigations to assist with documentation and reporting. HRA may also consult online
resource collections of aerials, photos, and newspapers, as needed.
• Cultural Resources Inventory (revised work SC19). All work will be supervised by staff who meet the
Secretary of Interior's Professional Qualifications Standards for their respective fields (36 CFR Part
61). Prior to initiating fieldwork, an HRA Health and Safety coordinator will prepare a Health and
Safety Plan (HASP) to be followed by HRA employees while in the field. The HASP will include
reference to HRA's established protocols that meet or exceed local, state, and federal guidelines.
(a) Archeological Desktop Analysis- The archaeological study will consist of a desktop analysis
for the APE. This research will be used to develop the context and to further develop the
probability of identifying archaeological resources within the APE. Due to the entirety of the
ADI being disturbed by road and parking lot construction, landscaping activities, and the
installation of utilities, no archeological survey of the ADI is planned. Recommendations for
whether any further archaeological work, such as targeted monitoring during construction,
will be needed will be based on the results of the desktop analysis.
(b) Built Environment Survey - HRA will conduct a built -environment survey, intended to be a
first look at historic -period built -environment resources. During the survey, HRA will record
basic information to assess each surveyed resource's potential eligibility for listing in the
National Register of Historic Places (NRHP) under all criteria, either individually or as a
contributing resource to a historic district. The survey will include a field visit to document
the specific location, physical, and architectural features of extant built resources. Multiple
photographs and field site sketch maps and plans are prepared as appropriate. Field
documentation includes observations about exterior spatial relationships, building
materials, construction methods, and integrity. Following survey, HRA completes built -
environment evaluations to DAHP guidelines and evaluates resources based on National
Register of Historic Places criteria, Multiple Property Documentation criteria, Historic
District criteria, and/or local or state criteria, as appropriate.
4) Cultural Resources Report. The following is added to the scope of work for the completion of Subtask
23.3.4. The original contract did not include budget to complete this task. This task is revised to the
language below.
Reporting. HRA will prepare a cultural resources technical report that meets the Washington state
standards for cultural resource reporting and incorporates the results of the archaeological desktop
analysis and built -environment survey. Minimally, the report will include a DAHP coversheet,
management summary, introduction and project description, cultural and environmental context,
background research, methods, results of the field investigations, conclusions and
recommendations, and an assessment of project effects on historic properties (to the extent
possible). The report will also include National Register of Historic Places (NRHP) eligibility
recommendations for each surveyed built -environment resource, recommendations for further
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 69
2.6.a
i�
SCJ ALLIANCE
CONSULTING SERVICES
work (if any), historic property inventory forms (HPIs), and appropriate maps, figures, and
photographs. HRA will submit electronic versions of the draft report for review, one in Word (.docx)
and one in Adobe (.pdf) format. Upon receipt of comments, HRA will provide one (1) revised draft in
Word and PDF for review by WSDOT. HRA will then prepare one final electronic (.pdf) copy of the
final documents, inclusive of all appropriate SHPO data (report cover sheet, GIS shapefiles, and
resource forms) for WSDOT to submit to DAHP for review and comment.
Assumptions
• The project will be completed before July 2024. WSDOT rates are adjusted at the end of the fiscal year;
therefore, if the project extends past the fiscal year, a cost modification will be required pending receipt
of revised WSDOT rates.
• This cost estimate and schedule is valid for up to 30 days. Any delays in accepting the bid and executing
a contract could result in changes to the cost estimate and schedule.
• WSDOT will be responsible for all consultation with DAHP and the affected Tribes. Teleconferences with
SCJ, WSDOT, DAHP or other entities will not exceed two (2) hours over the term of the project. All
meetings will be virtual.
• The APE will be concurred upon by WSDOT, DAHP, and the Tribes in advance of cultural resources
fieldwork. If revisions to the APE proposed in the Project's methods memo are required, adjustment to
the scope and budget for this cultural resources inventory may be required.
• WSDOT, DAHP, and the Tribes will approve the cultural resources inventory methods memo for the
project in advance of the fieldwork; if any agency or consulting party requests a revision to the proposed
inventory methods, the scope and budget will be revised accordingly.
• SCJ will provide a text description of the project for HRA to use in the report.
• The archaeological component of this inventory will be limited to a desktop analysis; no archaeological
fieldwork will be conducted under this scope of work.
• Built -environment field investigations may necessitate special accommodations to ensure the health
and safety of our staff, including requiring staff to travel in separate vehicles, providing appropriate
cleaning supplies for equipment, and enacting protocols and procedures by the Field Director and HRA's
Health and Safety Manager. HRA reserves the right to delay field investigations for a reasonable amount
of time due to health and safety -related impediments beyond our control, for example, extreme
weather, mandates restricting travel, or outbreaks of contagion in the project area that put our staff at
elevated health and safety risks. HRA will remain in close contact with SCJ throughout the fieldwork
planning and execution stages to ensure any potential delays are communicated early, thoroughly, and
with complete transparency.
• HRA will record up to 8 historic -period architectural resources. If additional architectural resources are
encountered, a scope modification may be required.
Additional deliverables not included in original scope of work
• DAHP Cover Sheet (pdf format)
• GIS Shapefiles for SHPO submission
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 70
2.6.a
SCJ ALLIANCE
CONSULTING SERVICES
Task 4 Biological Assessment (no change)
Task 5 Hazardous Materials Assessment (no change)
Task 6 Permitting (no change)
Phase 23 Right of Way Calculations (no change)
Phase 24 Right of Way Acquisition Design Support (no change)
Phase 25 Right of Way Acquisition (no change)
Phase 26 Management Reserve (no change)
END of SCOPE OF WORK
Edmonds_Hwy99_Stg3_amendment 1_2024-0529.docx
Highway 99 Gateway -Revitalization Project Stage 3: Scope of Work- Amendment 1
City of Edmonds Packet Pg. 71
2.7
City Council Agenda Item
Meeting Date: 06/18/2024
Presentation of 7317 Lake Ballinger Way Property Purchase
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On April 18, 2023 Council approved the Water Quality Combined Financial Assistance Agreement
between the State of Washington Department of Ecology and the City of Edmonds (WQC-2023-Edmond-
00101).
On February 13, 2024 staff presented the original property appraisal, and a Deed of Right to Use Land
for Water Quality and Conservation Purposes document required by the Department of Ecology at the
Parks and Public Works Committee meeting.
Staff Recommendation
Move item forward to City Council for a presentation and possible action to authorize staff to execute
the Purchase and Sale Agreement.
Narrative
The City is considering the purchase of a vacant residential property at 7317 Lake Ballinger Way, which is
located within the Lake Ballinger floodplain and is subject to seasonal flooding. The property, on the
south shore of the lake, is currently owned by Jnati Investment LLC. After a thorough evaluation, the City
would purchase the property, demolish the structures on site, and replant the wetlands with native
vegetation. Planning, due diligence, and appraisal costs have been funded by the City's local match from
the stormwater utility fund. The property acquisition, if approved, will be funded by the $500k Ecology
grant and the balance ($20k plus escrow and closing fees) from the stormwater utility fund. The
demolition, restoration and stewardship costs will be covered by the stormwater utility fund and
possible future state and federal grant(s). The City will evaluate whether a stormwater facility can be
constructed on the property to treat runoff from Lake Ballinger Way (State Route 104) as a second
phase of the project.
On March 28, 2023, Landau Environmental conducted a Phase I Environmental Site Assessment and a
Hazardous Building Materials Survey of the property. Initial findings determined that an above ground
heating oil tank was removed from the house by the current owner. Lead paint was detected on the
concrete entry floor and the exterior trim and asbestos was detected in the floor tiles in the family
room.
The City received an initial appraisal value for the property of $480,000, and a final revised appraisal
value of $520,000 was determined after an independent appraisal review required by Ecology (refer to
Packet Pg. 72
2.7
attachment 2). City staff has shared the revised appraisal value with the property owner and has
received a positive response on the property sale price of $520,000.
Ecology has approved an Acquisition Stewardship Plan (Attachment 3) prepared by the City, and staff
has prepared a draft purchase and sale agreement (Attachment 1). The final water quality deed of right
is being prepared in coordination with Ecology.
Attachments:
Attachment 1 - Purchase and Sale Agreement
Attachment 2 - Final Appraisal
Attachment 3 - Stewardship Plan
Attachment 4 - Presentation
Packet Pg. 73
2.7.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
BY AND BETWEEN
JNATI INVESTMENT, LLC
AND
CITY OF EDMONDS
Page 1 of 18
Packet Pg. 74
2.7.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
This REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made
as of the date appearing in the last paragraph of this Agreement ("Effective Date") by and between
Jnati Investment, LLC, a Washington limited liability company ("Seller") and the City of
Edmonds, a Washington municipal corporation ("Purchaser"). Seller and Purchaser may
hereafter be known individually as a "Party" and collectively as the "Parties."
ARTICLE I
1.1 Property Description. Seller owns certain real property located at 7317 Lake Ballinger
Way, Edmonds, Washington as legally described in Exhibit A, attached hereto and
incorporated herein by this reference (the "Real Property").
1.2 Agreement of Purchase and Sale. Subject to the terms and conditions set forth herein,
Seller agrees to sell, convey, transfer, and assign, and Purchaser agrees to purchase, all of
the Seller's right, title, and interest in and to the Real Property, together with all of Seller's
right, title and interest in and to the following (collectively, the "Property"):
a) Real Prope . Rights. Any and all land lying in the bed of any street, road, highway or
avenue, open or proposed, in front of, or adjoining all or any part of the Real Property,
and all strips gores or rights -of -way, lakebeds, streams, riparian rights, appurtenances,
rights, licenses, and easements, in any way benefitting or otherwise in front of or
adjoining all or any part of the Real Property (the "Real Property Rights").
b) Improvements. Any and all buildings, fixture, structures, landscaping, parking areas,
improvements, and related improvements or amenities erected or located on, over, or
beneath the Real Property (the "Improvements").
c) Leases. Any and all eases of the Real Property, if any, including all leases, work letter
agreements, improvement agreements, and other rental agreements with respect to
occupancy or use of the Real Property by tenants, and such other leases, work letter
agreements, improvement Agreements, and other rental agreements as may be
approved by Purchaser in accordance with the terms of this Agreement (the "Leases").
d) Contracts. Any and all contracts, agreements, commitments, employment agreements,
service contracts, utility contracts, construction contracts, maintenance agreements,
leasing and brokerage agreements and all other contracts, agreements and obligations,
whether or not in writing, which related in any way to the ownership, development,
operation, management, maintenance, use or occupancy of the Real Property (the
"Contracts").
e) Intangible Property. Any and all intangible property (other than the Real Property, Real
Property Rights, Improvements, Leases, Contracts, and Personal Property) owned or
held by Seller and used in connection with the ownership, development, operation,
management, maintenance, use, or occupancy of the Property, including, to the extent
such Intangible Property exists and without warranty or representation of any kind,
without limitation, the plans and specifications relating to the Property, all engineering,
Page 2 of 18
Packet Pg. 75
2.7.a
soil, land use, pest control, and all other non -confidential studies or reports relating to
the Property, the Improvements and/or the Personal Property, all pre -paid fees, utility
agreements, and connections for water and sewer, if any, all rights to reimbursements
and credits pertaining to the Real Property, including without limitation, all those from
any governmental jurisdiction, all rights to development impact fee credits pertaining
to the Real Property and the development thereof, all awards or payments made or to
be made for or with respect to any taking in condemnation or eminent domain
(including awards or payments for damage resulting from change of grade or
impairment of access) or any part of the Property, the Improvement and/or the Personal
Property prior to, on or after the date hereof, all rents, issues, and profits therefrom and
to the extent, if any, approved by Purchaser pursuant to the terms of this Agreement,
all consents, licenses, franchises, permits, entitlements, approvals, utility and/or
subdivision bonds or deposits, purchase or construction warranties or guarantees (the
"Intangible Property").
1.3 Purchase Price. The purchase price for the Property is Five Hundred Twenty Thousand
Dollars and no cents ($520,000.00) (the "Purchase Price").
1.4 Purchaser's Deposit; Escrow. Within five (5) business days after the Effective Date,
Purchaser shall deliver to the office of Chicago Title, located at 3002 Colby Avenue #200,
Everett, WA 98201 ("Escrow Agent" or "Title Company") a cash deposit in the amount
of Ten Thousand Dollars and no cents ($10,000.00) (which, together with any interest
earned thereon, is the "Earnest Money"). Escrow Agent shall invest the Earnest Money in
an interest -bearing account as instructed by Purchaser. The Earnest Money shall be
applicable to the Purchase Price at Closing, except as specifically provided elsewhere in
this Agreement. If the Closing does not occur as the result of a breach or default by Seller,
all of the Earnest Money, and all accrued interest thereon, shall be immediately refunded
to Purchaser, and the parties shall promptly execute and deliver cancellation instructions
to the Escrow Agent. Title to Real Property.
ARTICLE II
TITLE REVIEW; SELLER'S CONDITIONS
2.1 Title Examination; Commitment for Title Insurance; Survey. Within two (2) business
days after the Effective Date, Purchaser shall order from the Title Company a commitment for
an extended coverage A.L.T.A. Policy of Title Insurance (the "Title Commitment"), and
copies of all recorded instruments referenced in the Title Commitment, if any. Purchaser shall
have thirty (30) days after the Effective Date to examine title to the Property (the "Title Review
Period"). Purchaser may, in Purchaser's sole discretion and at Purchaser's sole cost and
expense during the Title Review Period, Obtain an A.L.T.A. or other survey of the Property as
required to obtain extended coverage (the "Survey").
2.2 Title Objections; Cure of Title Objections.
a) Purchaser shall have until the expiration of the Title Review Period to give written
notice to Seller of such objections as Purchaser may have to any exceptions to title
insurance coverage as disclosed in the Title Commitment. Any such exception to title
disclosed in the Title Commitment to which Purchaser does not object by timely written
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notice shall be a "Permitted Exception." Purchaser shall not be required to object to
any mortgage or deed of trust liens, the lien of any financing of Seller, any exceptions
related to Seller's authority to convey the Property, and the same shall not be deemed
Permitted Exceptions. Following delivery of the Title Commitment, Seller shall not
alter the condition of title to the Property without the written consent of Purchaser.
b) In the event Purchaser gives timely written notice of objection to any exceptions to
title, Seller shall have the right, but not the obligation, to elect to remove, satisfy or
otherwise cure ten (10) days prior to Closing any exceptions to title or matters identified
on the Survey so objected to by Purchaser. Within five (5) business days after receipt
of Purchaser's notice of objection, Seller shall give written notice to Purchaser
informing Purchaser of Seller's election with respect to such exceptions. If Seller fails
to give written notice of its election within such five (5) business day period, Seller shall
be deemed to have elected not to cure any such exceptions or matters.
c) If Seller elects or is deemed to have elected not to cure any exceptions to title or matters
identified on the Survey as objected to by Purchaser or if, after electing to cure, Seller
determines and provides written notice to Purchaser that it is unwilling or unable to
remove, satisfy or otherwise cure any such exceptions or matters by Closing,
Purchaser's sole remedy hereunder in such event shall be either: (i) to accept title to the
Property subject to such exceptions as if Purchaser had not objected thereto and without
reduction of the Purchase Price; or (ii) to terminate this Agreement, in which case the
Earnest Money shall be returned to Purchaser by the Escrow Agent, and neither party
hereto shall have any further rights, obligations or liabilities hereunder except to the
extent that any right, obligation or liability set forth herein expressly survives
termination of this Agreement. Purchaser shall provide Seller with written notice of its
election pursuant to this Section 2.2(c) prior to the end of the Inspection Period. If
Purchaser fails to provide Seller with timely notice of its election to terminate this
Agreement prior to the end of the Inspection Period pursuant to this Section 2.2(c),
Purchaser shall be deemed to have elected to purchase the Property in accordance with
and as contemplated in this Agreement. Any exceptions to title to which Purchaser has
objected and that Seller has elected or is deemed to have elected not to remove, satisfy
or otherwise cure which is not otherwise removed from the Title Commitment or
final Title Policy shall also be a "Permitted Exception."
2.3 Supplemental Title Report. If there are any changes or additions to the Title Commitment
after the expiration of the Title Review Period, Title Company shall deliver to Purchaser a
supplement to the Title Commitment (the "Supplemental Report"). Purchaser shall have the
right to review and approve any new items appearing in the Supplemental Report. Purchaser
shall deliver notice of approval or disapproval of the items set forth in the Supplemental Report
to Seller within five (5) business days after the delivery of the Supplemental Report. The failure
of Purchaser to deliver notice of disapproval within said five (5) business day period shall be
deemed to be Purchaser's approval of the Supplemental Report. In the event Purchaser delivers
notice of disapproval, Seller shall have five (5) business days after receipt of Purchaser's notice
to deliver notice as to whether Seller intends to remove, satisfy or otherwise cure any or all of
the items in the Supplemental Report disapproved by Purchaser by Closing. Seller shall
conclusively be deemed to have elected not to cure or remove each such item ("Disapproved
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Exceptions") for which Seller fails to notify Purchaser of its intention to cure or remove within
such five (5) business day period. If Seller does not elect to cure or remove any Disapproved
Exception within such five (5) business day period, Purchaser shall elect by notice to Seller
within two (2) business days after expiration of such five (5) business day period to either: (i)
waive the Disapproved Exception, in which event the Disapproved Exception shall become a
Permitted Exception (and failure of Purchaser to provide such notice within the two (2)
business day period shall be deemed to be Purchaser's election to proceed under this clause
(i)); or (ii) terminate this Agreement, in which case the Earnest Money shall be returned to
Purchaser by the Escrow Agent, and neither parry hereto shall have any further rights,
obligations or liabilities hereunder except to the extent that any right, obligation or liability set
forth herein expressly survives termination of Agreement. Closing shall be extended as
necessary to provide for the notice and response periods set forth above.
2.4 Conveyance of Title. At Closing, Seller shall convey and transfer to Purchaser title to the
Property by Deed (as defined in Section 4.2(a)) subject only to the Permitted Exceptions and
the standard preprinted exceptions in the Title Company's standard form of owner's title
policy. At Closing, Seller shall cause the Title Company to issue to Purchaser an A.L.T.A.
Owner's Policy of Title Insurance (or the Title Company's irrevocable commitment to issue
such policy) in the same form as the Title Commitment, unless revised in accordance with this
Agreement or otherwise upon Purchaser's prior written approval (the "Title Policy"), covering
the Property in the full amount of the Purchase Price, subject only to the Permitted Exceptions
and the standard preprinted exceptions in the Title Company's extended form of owner's title
policy. Notwithstanding anything to the contrary specified herein, Purchaser shall be
responsible for providing the Survey, delivering the same to the Title Company and providing
any other information or documentation required by the Title Company in order for the Title
Company to issue to Purchaser at Closing an extended coverage A.L.T.A. Owner's Policy of
Title Insurance (the "Extended Coverage Conditions"). Seller shall deliver to Escrow Agent
such additional documents as the Title Company requires from Seller in order to issue
Purchaser the Title Policy, including, but not limited to, an owner's/seller's affidavit.
ARTICLE III
PROPERTY DOCUMENTS, PURCHASER'S CONTINGENCIES
3.1 Property Documents. Within three (3) business days after the Effective Date, Seller shall
provide to Purchaser disclosure materials made available by Seller pertaining to the condition
and/or operation of the Property, including, without Limitation, all Contracts, Leases, and
written evidence of Personal Property and Intangible Property, land use permits, studies,
analyses and entitlements related to the Property (collectively, the "Property Documents").
3.2 Inspection Period. Commencing on the Effective Date and continuing until 11:59 P.M.,
Pacific time on the date that is seventy-five (75) days after the Effective Date (hereinafter
referred to as the "Inspection Period"), Purchaser shall have the right, at Purchaser's expense,
to make physical inspections of the Property pursuant to Section 3.3 below.
3.3 Property Inspection Conditions. Upon reasonable prior notice to Seller, Purchaser shall
have the right, at Purchaser's expense, to make physical inspections ofthe Property at times and
at locations reasonably convenient to Purchaser in order to make the determination of suitability
as provided in this Section 3.3, provided that such inspection activities do not unreasonably
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interfere with Seller's use of, or obligations relating to, the Property. In addition, Purchaser
and Purchaser's representatives and authorized agents shall have the right, upon reasonable
prior notice to Seller, to enter on the Property from the Effective Date to the Closing Date
(defined below) or the earlier termination of this Agreement, to undertake inspections and
investigations and make such tests, surveys and other studies of the Property as Purchaser deems
appropriate, provided that such inspections, investigations or tests do not unreasonably
interfere with Seller's use of, or obligations relating to, the Property. Purchaser's physical
inspection and testing activities of the Property shall be conditioned upon the following: (a)
Purchaser shall cooperate with and adhere to all reasonable requirements of Seller that affect the
timing of all such activities; (b) Purchaser shall not conduct any drilling or other invasive
testing on the Property without the prior written consent of Seller, not to be unreasonably
withheld, conditioned or delayed; provided, however, that Purchaser may perform a Phase
II Environmental Site Assessment; and (c) Seller shall provide Purchaser and Purchaser's
representatives with reasonable access to the Property at reasonable business hours for such
purposes; (d) prior to any entry upon the Property, Purchaser shall provide Seller with proof of
commercial general liability insurance on an occurrence basis (CG 11-93 form including ISO
2010 11-85 or equivalent, if available) with limits not less than $1,000,000 per occurrence for
bodily injury or property damage and $2,000,000 aggregate, and naming Seller as additional
insured; (e) Purchaser shall bear the entire cost of all tests and studies performed by
Purchaser or at Purchaser's direction; and (f) Purchaser agrees at its sole cost to restore the
Property to substantially the condition it was in immediately prior to such inspections,
including, but not limited to the immediate removal of anything placed on the Property
in connection with such inspections (Sections 3.3(a)-(fl shall hereinafter be referred to as
the "Property Inspection Conditions"). Seller shall permit and provide access for
Purchaser, at Purchaser's sole cost and expense, to contact and have discussions with any
contractors or consultants who have performed any work or inspections relating to the
Property, and Seller shall permit Purchaser to contact and discuss development of the
Property with the permitting jurisdiction and all relevant governmental agencies. For the
avoidance of doubt, Purchaser shall pay all fees, costs and expenses of any contractors or
consultants contacted by Purchaser as contemplated herein. Following Seller's written
request, copies of any reports, letters or other written information, if any, generated as a
result of such inspections shall be provided to Seller if the sale contemplated by this
Agreement does not close for any reason.
3.4 Property Indemnity Conditions. Purchaser shall defend, indemnify and hold Seller and the
Property harmless from any and all costs, expenses, claims, losses, liabilities and demands
arising from the exercise of these rights referred to in this Section 3.4, except with respect to
Property conditions that existed before Purchaser's exercise of these rights (but, with respect to
any such pre-existing conditions, Purchaser's indemnification obligations shall include any
liabilities and expenses arising out of the exacerbation of such conditions caused by Purchaser's
activities). Notwithstanding anything to the contrary in this Agreement, Purchaser's liability
under this Section 3.4 shall survive the termination of this Agreement.
3.5 Right of Termination. Seller agrees that in the event Purchaser determines (such
determination to be made in Purchaser's sole discretion, and which may be made for any reason
or no reason at all) that the Property is not suitable for Purchaser's purposes, then Purchaser shall
have the right to terminate this Agreement prior to the expiration of the Inspection Period. If
Purchaser fails to give a notice of approval of its review of the Property ("Approval Notice") to
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Seller within the Inspection Period, Purchaser shall be deemed to have elected to terminate this
Agreement and the Earnest Money shall be returned to Purchaser. If Purchaser does deliver to
Seller the Approval Notice prior to the expiration of the Inspection Period, the Earnest Money
shall be non-refundable and applicable towards the Purchase Price, except as otherwise
expressly provided herein and this Agreement shall continue in full force and effect.
3.6 Seller Disclosure Statement. The Property constitutes "improved residential property" as
defined in RCW 64.06.005. Pursuant to RCW 64.06.020, Seller shall provide to Purchaser the
seller disclosure statement required pursuant thereto, a sample form of which is attached hereto
as Exhibit B (the "Disclosure Statement"). The Parties hereto acknowledge and agree that the
Disclosure Statement shall be considered part of this Agreement.
3.7 Purchaser's Council Approval Contingency. Purchaser's performance under this
Agreement is contingent on approval by resolution of the purchase of the Property by the
Edmonds City Council ("Council Approval Contingency"). The Council Approval
Contingency will be satisfied only if the Edmonds City Council (the "Council") adopts a
resolution approving the purchase of the Property pursuant to the terms of this Agreement
("Resolution") no later than seventy-five (75) days after the Effective Date ("Council
Approval Period"),
a) If the Council does not adopt this Resolution within the Council Approval Period,
this Agreement and all of the City's obligations hereunder shall be rendered null and
void and the Earnest Money shall be returned to Purchaser.
b) If the Council does adopt this Resolution prior to the expiration of the Council
Approval Period, the Earnest Money shall be non-refundable and applicable towards the
Purchase Price, except as otherwise expressly provided herein and this Agreement shall
continue in full force and effect.
CLOSING
4.1 Time and Place.
a) The consummation of the transactions contemplated hereunder ("Closing") shall occur
on a date mutually agreed upon by Seller and Purchaser, but not later than the date that
is thirty (30) days after the date on which Purchaser delivers the Approval Notice
pursuant to Section 3.5 and the Council Approval has been issued pursuant to Section
3_7 (the "Closing Date").
4.2 Seller's Obligations at Closing. On or before the Closing Date, Seller shall:
a) Deliver to Escrow Agent a duly executed Statutory Warranty Deed (the "Deed") in
recordable form, conveying the Real Property to Purchaser, subject only to the
Permitted Exceptions;
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b) Deliver to Escrow Agent such evidence as the Title Company may reasonably
require as to the authority of the person or persons executing documents on behalf of
Seller;
c) Delivery to Escrow Agent an affidavit duly executed by Seller stating that Seller
is not a "foreign person" as defined in the Federal Foreign Investment in Real
Property Tax;
d) Immediately after completion of the Closing, deliver to Purchaser possession
and occupancy of the Property, subject only to the Permitted Exceptions; and
e) Deliver to Purchaser and Escrow Agent such additional documents as shall be
reasonably required to consummate the transaction contemplated by this Agreement,
including a standard Title Company form of owner's affidavit, but Seller makes no
representation that the Title Company will be able to issue extended coverage to
Purchaser and the Closing is not contingent on Purchaser being able to obtain
extended coverage.
4.3 Purchaser's Obligations at Closing. On or before the Closing Date, Purchaser
shall:
a) Pay to Escrow Agent the full amount of the Purchase Price as increased or decreased
by prorations and adjustments as herein provided, less the Earnest Money, and
less interest accrued thereon, by wire transfer of immediately available federal funds;
b) Deliver to Escrow Agent and Seller such evidence as the Title Company may
reasonably require as to the authority of the person or persons executing documents on
behalf of Purchaser; and
c) Deliver to Escrow Agent and Seller such additional documents as shall be
reasonably required to consummate the transaction contemplated by this Agreement.
4.4 Credits and Prorations. Real estate property taxes shall be apportioned with respect to
the Property as of 12:01 a.m., on the Closing Date, as if Purchaser were vested with title to the
Property during the entire day upon which Closing occurs. Any taxes paid at or prior to
Closing shall be prorated based upon the amounts actually paid. If taxes and assessments for
the current year have not been paid before Closing, Seller shall be charged at Closing an
amount equal to that portion of such taxes and assessments which relates to the period
before Closing and Purchaser shall pay the taxes and assessments prior to their becoming
delinquent. To the extent that the actual taxes and assessments for the current year differ
from the amount apportioned at Closing, the parties shall make all necessary adjustments by
appropriate payments between themselves within thirty (30) days following Closing when such
final amounts are known.
4.5 Closing Costs.
a) Seller shall pay: (i) the fees of any counsel representing Seller in connection with this
transaction; (ii) one-half (%2) of any escrow fee which may be charged by the
Escrow Agent or Title Company; (iii) the standard coverage portions of the Title
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Policy to be issued to Purchaser by the Title Company at Closing; and (iv) any real
estate commissions owed by Seller pursuant to Section 8.1 below.
b) Purchaser shall pay: (i) the fees of any counsel representing Purchaser in connection
with this transaction; (ii) the extended coverage portion of the Title Policy to be issued
to Purchaser by the Title Company at Closing as well as any additional endorsements
issued by the Title Company; (iii) one-half (1/z) of any escrow fees charged by the
Escrow Agent or Title Company; and (iv) the cost of any recording fees for recording
the Deed.
c) All other costs and expenses incident to this action and the Closing shall be
apportioned by the parties equally in accordance with local custom.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND INDEMNITIES
5.1 Representations and Warranties of Seller. Seller hereby makes the following
representations and warranties to Purchaser as of the Effective Date and at Closing, except
as otherwise disclosed to Purchaser in the Property Documents or discovered by
Purchaser in connection with its inspections during the Inspection Period:
a) Authority and Ownership. Seller has the full right and authority to enter into this
Agreement, to transfer all of the Property to Purchaser, and to consummate, or cause to
be consummated, the transactions contemplated herein. The person or persons
signing this Agreement on behalf of Seller are authorized to do so.
b) Pending Actions. To Seller's actual knowledge, there are no actions, suits, arbitrations,
unsatisfied orders or judgments, or governmental investigations pending or threatened in
writing against the Property, or the transaction contemplated by this Agreement,
except as disclosed in writing to Purchaser.
c) Leases. There are no parties other than Seller in possession of any portion of the
Property or improvements thereon as lessees, licensees, tenants, claimants to any
right of possession or ownership or trespassers.
d) Property Documents. The documents to be delivered to Purchaser under this
Agreement, including the Property Documents, are complete and correct copies of the
same. Seller has no actual knowledge of any other documents, correspondence, or other
materials that could have a material impact on the Property except for the Property
Documents.
e) Outstanding Agreements. There are no outstanding agreements of sale, options or any
other rights of third parties to acquire or use the Property or to any interest therein, except
for the Permitted Exceptions. There are no contracts applicable to the Property that will
survive Closing.
f) Hazardous Materials. To Seller's actual knowledge, there are no, and have been no,
releases of Hazardous Substances on or about the Property. To Seller's actual
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knowledge, there are no pending proceedings or inquiries by any governmental
body with respect to the Property. For purposes of this Agreement, "Hazardous
Substances" shall refer to the definition provided under the Model Toxics Control
Act, Chapter 70.105D RCW and Chapter 173-340 WAC, as amended or revised
after the Effective Date.
g) Mechanic's Liens. There are no contractors, subcontractors, materials suppliers, or
any other third parties that are unpaid, that have provided Seller with notice of a claim of
lien, or that otherwise have any other rights to impose, enforce, file, record, or foreclose
a lien against the Real Property pursuant to RCW 60.04 or otherwise.
5.2 Representations and Warranties of Purchaser. Purchaser hereby represents and warrants
to Seller that Purchaser has the full right, power and authority to purchase the Property as
provided in this Agreement, subject to Section 3.7 above, and to carry out Purchaser's
obligations hereunder, and all requisite actions necessary to authorize Purchaser to enter into
this Agreement and to carry out its obligations hereunder have been, or by Closing will have
been taken, and Purchaser has the financial capability to consummate the Closing. The person
signing this Agreement on behalf of Purchaser is authorized to do so, subject to Section 3.7
above.
5.3 Indemnification by Seller. Seller agrees to indemnify, defend and hold Purchaser, its
successors and assigns, members, managers, shareholders, officers, directors and/or employees
of each of them, harmless for, from and against any and all claims, demands, liabilities, costs,
expenses, damages and losses, cause or causes of action and suit or suits of any nature
whatsoever, including, without limitation, attorneys' fees, arising from any misrepresentation
or breach of any warranty or covenant by Seller in this Agreement.
5.4 Survival. The provisions of this Section 5 shall survive Closing and the delivery of the Deed
for twelve (12) months.
ARTICLE VI
CONDEMNATION
6.1 Purchaser's Elections. In the event condemnation proceedings are commenced against
all of the Property or any material portion thereof (and for this purpose, "material" is
defined as a proposed condemnation which would reasonably be expected to be valued at
more than Fifty Thousand and No/100 Dollars ($50,000.00)) or would have a material
adverse impact on Purchaser's intended development or use of the Property as
communicated by Purchaser or Purchaser's Broker (as defined below) to Seller on or before
the Effective Date hereof, Purchaser may elect, on notice to Seller within fifteen (15) days after
receipt of notice of the commencement of such proceedings either: (i) to terminate this
Agreement in which case the Earnest Money shall be returned to Purchaser by the Escrow
Agent, and neither party hereto shall have any further rights, obligations or liabilities
hereunder except to the extent that any right, obligation or liability set forth herein expressly
survives termination of Agreement; or (ii) to proceed to Closing in which case Seller shall at
Closing assign to Purchaser all of Seller's right, title and interest to any claims and proceeds
Seller may have with respect to any condemnation awards relating thereto, less any costs and
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expenses reasonably incurred by Seller from the date of the commencement of such
condemnation through the date of Closing relating to such condemnation. If Purchaser does not
make such an election within fifteen (15) days after the commencement of condemnation
proceedings, Purchaser shall be deemed to have elected to proceed under clause (ii) above.
ARTICLE VII
DEFAULT
7.1 Liquidated Damages. IF THE CLOSING IS NOT CONSUMMATED DUE TO ANY
DEFAULT BY PURCHASER HEREUNDER, AND PURCHASER FAILS TO CURE
SUCH DEFAULT WITHIN FIVE (5) BUSINESS DAYS AFTER PURCHASER'S
RECEIPT OF WRITTEN NOTICE FROM SELLER SPECIFYING SUCH BREACH
(PROVIDED, HOWEVER, THAT THE FOREGOING NOTICE AND CURE
RIGHTS SHALL NOT APPLY TO PURCHASER'S FAILURE TO CLOSE ON THE
CLOSING DATE), THEN SELLER, AS ITS SOLE REMEDY, SHALL RETAIN THE
EARNEST MONEY AND EXTENSION OPTION FEES (IF ANY) AS LIQUIDATED
DAMAGES, WHICH RETENTION SHALL OPERATE TO TERMINATE THIS
AGREEMENT AND RELEASE PURCHASER FROM ANY AND ALL LIABILITY
HEREUNDER, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL
DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE
DUE TO PURCHASER'S DEFAULT, WOULD BE EXTREMELY DIFFICULT OR
IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES
HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING
ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE EARNEST
MONEY AND EXTENSION OPTION FEES IS A REASONABLE ESTIMATE OF
THE DAMAGES THAT SELLER WOULD INCUR IN SUCH EVENT. EACH PARTY
SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE
ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY
COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE,
THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE
FOREGOING IS NOT INTENDED TO LIMIT PURCHASER'S SURVIVING
OBLIGATIONS, INCLUDING BUT NOT LIMITED TO ITS INDEMNIFICATION
OBLIGATIONS, UNDER THIS AGREEMENT.
7.2 Seller Default. In the event of a Seller Default, Purchaser shall provide Seller with written
notice of such default and Seller shall have five (5) business days after Seller's receipt
from Purchaser of such written notice to cure such default, or if such default cannot be
cured in such period, to commence the cure during such period and thereafter diligently
complete such cure. If after such notice, the Closing fails to occur due to such Seller Default,
Purchaser may elect to either: (i) terminate this Agreement and receive the return of the
Earnest Money and any Extension Option Fees paid to Seller; or (ii) commence an action
against Seller for specific performance of its obligations under this Agreement. Any such
action for specific performance must be commenced within sixty (60) days after the then
scheduled Closing Date. In no event shall Seller be liable to Purchaser for any lost profits or
other consequential or special damages. If Purchaser elects to terminate this Agreement: (a)
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this Agreement shall not be terminated automatically, but only upon delivery to Escrow
Agent and Seller of written notice of termination from Purchaser; and (b) Escrow Agent
shall return all sums (including the Earnest Money and all interest earned thereon while
held in escrow) deposited by Purchaser. As used in this Agreement, a "Seller Default"
shall mean: (i) the failure by the Seller to deliver the Deed; (ii) the failure by the Seller to
discharge, satisfy, release or terminate the matters of record Seller is required to remove from
title as set forth herein above; (iii) any material breach of representation, warranty or covenant
of Seller hereunder; or (iv) the failure by the Seller to perform any of Seller's other
obligations under this Agreement.
ARTICLE VIII
BROKERS
8.1
Brokers. Purchaser represents to Seller that Purchaser has not engaged a Purchaser's Broker
in connection with this transaction, and that if Purchaser does engage a Purchaser's Broker,
Purchaser is obligated to pay a real estate brokerage commission to Purchaser's Broker
pursuant to a separate agreement. Seller represents to Purchaser that Seller has not engaged
a Seller's Broker in connection with this transaction, and that if Seller does engage a Seller's
Broker, Seller is obligated to pay a real estate brokerage commission to Seller's Broker
pursuant to a separate agreement. Each parry shall indemnify, defend and hold the other
harmless with respect to claims for real estate brokerage commissions or finder's fee for
which such parry is allegedly obligated. Without limiting the generality of the foregoing,
Purchaser shall indemnify, defend and hold Seller harmless with respect to any claims
by Purchaser's Broker for real estate brokerage commissions or finder's fees, and Seller
shall indemnify, defend and hold Purchaser harmless with respect to any claims by Seller's
Broker for real estate brokerage commissions or finder's fees. The provisions of this Section
8_1 shall survive Closing.
ARTICLE IX
AS -IS PURCHASE AND SALE
9.1 At or before the end of the Inspection Period, Purchaser will have approved the physical and
environmental characteristics and condition of the Property, as well as the economic
characteristics of the Property. Purchaser hereby waives any and all defects in the physical,
environmental and economic characteristics and condition of the Property which would be
disclosed by such inspection. Purchaser further acknowledges that neither Seller nor any other
person or entity acting on behalf of Seller, except as otherwise expressly provided in Section
5.1, have made any representations, warranties or agreements (express or implied) by or on
behalf of Seller as to any matters concerning the Property, the economic results to be obtained or
predicted, or the present use thereof or the suitability for Purchaser's intended use of the
Property, including, without limitation, the following: the size or acreage of the Property;
the suitability of the topography; the availability of water rights or utilities; the present and
future zoning, subdivision and any and all other land use matters; the condition of the soil,
subsoil, or groundwater; the purpose(s) to which the Property is suited; drainage; flooding;
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access to public roads; or proposed routes of roads or extensions thereof. Purchaser
acknowledges and agrees that the Property is to be purchased, conveyed and accepted by
Purchaser in its present condition, "AS -IS" and that no patent or latent defect in the physical
or environmental condition of the Property whether or not known or discovered, shall affect
the rights of either parry hereto. Any documents furnished to Purchaser by Seller relating
to the Property including, without limitation, service agreements, management contracts,
maps, surveys, reports and other information shall be deemed furnished as a courtesy to
Purchaser but without warranty from Seller. All work done in connection with preparing
the Property for the uses intended by Purchaser including any and all fees, studies,
reports, approvals, plans, surveys, permits, and any expenses whatsoever necessary or
desirable in connection with Purchaser's acquiring, developing, using and/or operating the
Property shall be obtained and paid for by, and shall be the sole responsibility of,
Purchaser. Purchaser has investigated and has knowledge of operative or proposed
governmental laws and regulations including land use laws and regulations to which the
Property may be subject and shall acquire the Property upon the basis of its review and
determination of the applicability and effect of such laws and regulations. Purchaser has
neither received nor relied upon any representations concerning such laws and regulations
from Seller. Except for claims of fraud or willful misrepresentation on the part of Seller, and
except for those representations and warranties expressly set forth herein, Purchaser, on
behalf of itself and its employees, agents, successors and permitted assigns, attorneys and other
representatives, and each of them, hereby releases Seller from and against any and all claims,
demands, causes of action, obligations, damages and liabilities of any nature whatsoever,
whether alleged under any statute, common law or otherwise, directly or indirectly, arising
out of or related to the condition, operation or economic performance of the Property.
ARTICLE X
MISCELLANEOUS
10.1 Public Disclosure. Prior to Closing, any release to any third parry, except for the Escrow
Agent, the Title Company, the permitting jurisdiction and all relevant governmental agencies,
or Seller's or Purchaser's attorneys, accountants, engineers and confidential advisors, of
information with respect to the sale contemplated herein or any matters set forth in this
Agreement, will be made only in the form approved by Purchaser and Seller and their
respective counsel; provided, however, that Seller acknowledges that Purchaser is a public
entity, that Purchaser will have already held public hearings concerning this transaction, and
that Purchaser may be required to disclose or otherwise release information about this
Agreement and this transaction pursuant to applicable public disclosure or other laws in the
State of Washington.
10.2 Notices. Any notice pursuant to this Agreement shall be given in writing by: (i) personal
delivery; (ii) nationally recognized overnight delivery service with proof of delivery; or (iii)
legible facsimile transmission sent to the intended addressee at the address set forth below and
receipt confirmed by telephone, or to such other address or to the attention of such other person
as the addressee shall have designated by written notice sent in accordance herewith, and shall
be deemed to have been given either at the time of delivery or, in the case of facsimile
transmission, as of the date of the facsimile transmission (or, if such date is not a business day,
then on the next business day) provided that an original of such facsimile is also sent to the
Page 13 of 18
Packet Pg. 86
2.7.a
intended addressee by means described in clauses (i) or (ii) above. In addition, notice may be
given by email at the email address set forth hereinbelow for the parry to whom notice is given,
and such notice shall be deemed given and served upon transmission so long as such notice is
also given by no later than the following business day via a method provided for in (i) through
(iii) above. Unless changed in accordance with the preceding sentence, the addresses for notice
given pursuant to this Agreement shall be:
If to Purchaser: Robert English, City Engineer
City Hall
121 Fifth Avenue N
Edmonds, WA 98020
Robert.En2lish(&edmondswa. gov
(425) 771-0220
With a copy to:
Sharon Cates, City Attorney's Office
Sharon(cr�,li ghthous elawgroup. com
If to Seller: Jnati Investment, LLC
18354 3rd Avenue NE
Shoreline, WA 98155
punya.tip@gmail.com
(425) 260-4464
With a copy to:
Jampen Teeranooti
Moitee@hotmail.com
10.3 Binding Effect. This Agreement shall not be binding in any way upon Seller and
Purchaser unless and until Seller and Purchaser shall execute and deliver this Agreement. The
binding effect upon Purchaser is subject to Section 3.7 above.
10.4 Modifications. This Agreement cannot be changed orally, and no executory agreement
shall be effective to waive, change, modify or discharge it in whole or in part unless such
executory agreement is in writing and is signed by the parties against whom enforcement of
any waiver, change, modification or discharge is sought.
10.5 Business Days. References to "business days" herein shall mean any day except Saturday,
Sunday or day on which commercial banks located in Seattle, Washington, are authorized or
required by law to be closed for business. If the Closing Date or the day for performance of
any act required under this Agreement falls on a day which is not a business day, then the
Closing Date or the day for such performance, as the case may be, shall be the next following
regular business day. The final day of any such period shall be deemed to end at 5:00 p.m.
Pacific time unless otherwise specifically stated.
Page 14 of 18
Packet Pg. 87
2.7.a
10.6 Successors and Assigns. The terms and provisions of this Agreement are to apply to and
bind the permitted successors and assigns of the parties hereto.
10.7 Entire Agreement. This Agreement, including the exhibits and documents to be delivered
at Closing, contains the entire agreement between the parties pertaining to the subject matter
hereof and fully supersedes all prior written or oral agreements and understandings between
the parties pertaining to such subject matter.
10.8 Further Assurances. Each party agrees that it will, without further consideration, execute
and deliver such other documents and take such other action, whether prior or subsequent to
Closing, as may be reasonably requested by the other party to consummate more effectively
the purposes or subject matter of this Agreement. Without limiting the generality of the
foregoing, Purchaser shall, if requested by Seller, execute acknowledgments of receipt with
respect to any materials delivered by Seller to Purchaser with respect to the Property. The
provisions of this Section 10.8 shall survive the Closing.
10.9 Counterparts. This Agreement may be executed in counterparts and all such executed
counterparts shall constitute the same agreement. It shall be necessary to account for only one
such counterpart in proving this Agreement. Fax copies of signatures shall be treated for all
purposes as original signatures.
10.10 Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless
remain in full force and effect.
10.11 Applicable Law. This Agreement is performable in the state in which the Property is
located and shall in all respects be governed by and construed in accordance with the
substantive federal laws of the United States and the laws of the State of Washington. Seller
and Purchaser hereby irrevocably submit to the jurisdiction of any state or federal court sitting
in the state in which the Property is located in any action or proceeding arising out of or relating
to this Agreement and hereby irrevocably agree that all claims in respect of such action or
proceeding shall be heard and determined in a state or federal court sitting in the state in which
the Property is located. Purchaser and Seller agree that the provisions of this Section 10.11
shall survive Closing.
10.12 No Third Party Beneficiary. The provisions of this Agreement and of the documents to
be executed and delivered at Closing are and will be for the benefit of Seller and Purchaser
only and are not for the benefit of any third party, and accordingly, no third party shall have
the right to enforce the provisions of this Agreement or the documents to be executed and
delivered at Closing.
10.13 Survival. The terms of this Agreement shall survive the Closing, or any termination of
this Agreement prior thereto, and shall not be merged into the execution and delivery of the
Deed; provided, however, that the representations and warranties of Seller and Purchaser in
Article 5 shall survive the Closing for a period of twelve (12) months.
Page 15 of 18
Packet Pg. 88
2.7.a
10.14 Attorneys' Fees. In the event any dispute between Purchaser and Seller should result in
litigation, arbitration or mediation, the substantially prevailing party shall be reimbursed for
all reasonable costs incurred in connection with such action, including, without limitation,
reasonable attorneys' fees.
10.15 Time is of the Essence. Time is of the essence in this Agreement and each of its
provisions.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
Effective Date.
PURCHASER:
City of Edmonds, a municipal
corporation of the State of Washington
Mike Rosen, Mayor
ATTEST/AUTHENTICATE:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
SELLER:
Jnati Investment, LLC
Punya Tipyasothi, Managing Member
Page 16 of 18
Packet Pg. 89
2.7.a
STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISH
On this day of 2024, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared Mike
Rosen, to me known to be the Mayor of the City of Edmonds, the Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public in and for said state, residing
at
My commission expires:
Print Name:
STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISH
On this day of 2024, I certify that I know or have satisfactory
evidence that is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to execute the
instrument on behalf of Jnati Investment, LLC, referenced herein, and acknowledged it to be
his free and voluntary act for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public in and for said state, residing
at
My commission expires:
Print Name:
Page 17 of 18
Packet Pg. 90
2.7.a
EXHIBIT LIST
EXHIBIT A Legal Description
EXHIBIT B Sample Disclosure Statement
Page 18 of 18
Packet Pg. 91
2.7.a
EXHIBIT A
Legal Description
For APN/Parcel ID(s): 004888-007-027-00
LOT 27, BLOCK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON;
EXCEPT PORTION DEEDED TO SNOHOMISH COUNTY FOR ROAD RECORDED UNDER
RECORDING NO. 583296.
TOGETHER WITH SHORELANDS OF SECOND CLASS ABUTTING AND ADJACENT TO SAID
PREMISES. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Packet Pg. 92
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021
Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 1 of 6
SELLER:
1
Seller Seller
To be used in transfers of improved residential real property, including residential dwellings up to four units, new construction,
2
dwellings in a residential common interest community not subject to a public offering statement, condominiums not subject to a public
3
offering statement, certain timeshares, and manufactured and mobile homes. See RCW Chapter 64.06 for further information.
4
INSTRUCTIONS TO THE SELLER
5
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property check
6
"NA." If the answer is "yes" to any asterisked (*) item(s), please explain on attached sheets. Please refer to the line number(s) of
7
the question(s) when you provide your explanation(s). For your protection you must date and initial each page of this disclosure
8
statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless
9
otherwise agreed, after mutual acceptance of a written purchase and sale agreement between Buyer and Seller.
10
NOTICE TO THE BUYER
11
THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT
12
CITY 1
13
STATE , ZIP COUNTY ("THE PROPERTY") OR AS
14
LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.
15
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED
16
ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SEi;LER, COMPLETES THIS DISCLOSURE
17
STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITIN43 YOU HAVE THREE (3) BUSINESS DAYS FROM
18
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATwENTTCTYOUIO RESCIND THE AGREEMENT
19
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLiR OR SELLER'S AGENT. IF THE
20
SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND
21
PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMNT.
22
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE
23
LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF
24
ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER,,
25
FOR A MORE COMPREHENSIVE EXAMINATION OF THEE SPECIFIC CONDITON OF THIS PROPERTY YOU ARE ADVISED
26
TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFJQ) EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE,
27
WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
28
BUILDING INSPECTORS, ON -SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS.
29
THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE
30
PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
31
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
32
Seller ❑ is / ❑ is not occupying the Property. 33
I. SELLER'S DISCLOSURES:
34
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if
available
and not
35
otherwise publicly recorded. If necessary, use an attached sheet.
36
YES
NO
DON'T
NIA
37
1. TITLE
KNOW
38
A. Do you have legal authority to sell the property? If no, please explain . ...........................................
❑
❑
❑
❑
39
*B. Is title to the property subject to any of the following?
40
(1) First right of refusal..................................................................................................................❑
❑
❑
❑
41
(2) Option.......................................................................................................................................Q
❑
❑
❑
42
(3) Lease or rental agreement.......................................................................................................
❑
0
0
❑
43
(4) Life estate?...............................................................................................................................❑
❑
❑
O
44
*C. Are there any encroachments, boundary agreements, or boundary disputes? ................................❑
❑
❑
0
45
*D. Is there a private road or easement agreement for access to the property? ....................................❑
❑
❑
❑
46
*E. Are there any rights -of -way, easements, or access limitations that may affect the Buyer's use of
47
theproperty?...................................................................................................................................❑
❑
O
0
48
*F. Are there any written agreements for joint maintenance of an easement or right-of-way?...............0
❑
O
❑
49
*G. Is there any study, survey project, or notice that would adversely affect the property? ...................❑
O
❑
❑
50
*H. Are there any pending or existing assessments against the property? ............................................❑
❑
O
❑
51
*I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the
52
property that would affect future construction or remodeling?.........................................................0
❑
O
❑
53
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 93
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021
Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 2 of 6 (Continued)
YES NO DON'T WA 54
KNOW 55
*J. Is there a boundary survey for the property?................................................................................... ❑ ❑ ❑ ❑ 56
*K. Are there any covenants, conditions, or restrictions recorded against the property? ......................❑ ❑ 0 ❑ 57
NOTICE TO BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, 58
or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington 59
law allows for the illegal language to be struck by bringing an action in superior court or by the 60
free recording of a restrictive covenant modification document. Many county auditor websites 61
provide a short form with instructions on this process. 62
2. WATER 63
A. Household Water 64
(1) The source of water for the property is: ❑ Private or publicly owned water system 65
❑ Private well serving only the subject property *0 Other water system 66
*If shared, are there any written agreements?.........................................................................❑ ❑ ❑ ❑ 67
*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the 68
watersource?...........................................................................................................................13 ❑ ❑ ❑ 69
*(3) Are there any problems or repairs needed? ............................................... ❑ ❑ ❑ 0 70
(4) During your ownership, has the source provided an adequate year- r d sup of I ter? ..❑ ❑ ❑ ❑ 71
If no, please explain: 72
*(5) Are there any water treatment systems for the property? .................... ...... .................0 ❑ ❑ O 73
If yes, are they: ❑ Leased ❑ Owned 74
*(6) Are there any water rights for the property associated wit omes ter supply, such 75
as a water right permit, certificate, or claim? ......................... ......................................... ❑ ❑ ❑ 0 76
(a) If yes, has the water right permit, certificate, or cla' s' sferred, or changed? 0 ❑ ❑ ❑ 77
*(b) If yes, has all or any portion of the water right n us fi re successive years? ❑ ❑ ❑ ❑ 78
*(7) Are there any defects in the operation of the er s m (e. . pipes, tank, pump, etc.)? ......❑ ❑ ❑ ❑ 79
B. Irrigation Water 80
(1) Are there any irrigation water rights t uch as a water right permit, 81
certificate, or claim? ....... ......... ... .......................................................................❑ ❑ ❑ ❑ 82
*(a) If yes, has all or o n of the ter ht not been used for five or more 83
successive year .......... ...............................................................................❑ ❑ ❑ ❑ 84
*(b) If so, is the certi able. f yes, please attach a copy.) ........................................❑ ❑ ❑ ❑ 85
*(c) If so, has the water right permit, ficate, or claim been assigned, transferred, or changed? ... ❑ ❑ ❑ ❑ 86
*(2) Does the property receive irri ter from a ditch company, irrigation district, or other entity? ..... ❑ ❑ ❑ ❑ 87
If so, please identify the entity that supplies water to the property: 88
89
C. Outdoor Sprinkler System 90
(1) Is there an outdoor sprinkler system for the property?.............................................................0 ❑ ❑ ❑ 91
*(2) If yes, are there any defects in the system?.............................................................................❑ ❑ ❑ ❑ 92
*(3) If yes, is the sprinkler system connected to irrigation water?......................................................... ❑ ❑ ❑ ❑ 93
3. SEWER/ON-SITE SEWAGE SYSTEM 94
A. The property is served by: 95
❑ Public sewer system ❑ On -site sewage system (including pipes, tanks, drainfields, and all other component parts) 96
❑ Other disposal system 97
Please describe: 98
B. If public sewer system service is available to the property, is the house connected to
thesewer main?.........................................................................................................
If no, please explain:
99
.........❑ ❑ ❑ ❑ 100
101
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 94
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT
©Copyright 2021
Seller Disclosure Statement IMPROVED PROPERTY
Northwest Multiple
Listing Service
Rev. 8/21
ALL RIGHTS
RESERVED
Page 3 of 6 (Continued)
YES
NO
DONTT
NIA
102
*C. Is the property subject to any sewage system fees or charges in addition to those covered
KNOW
103
in your regularly billed sewer or on -site sewage system maintenance service? .... ...........................
D
D
0
❑
104
D. If the property is connected to an on -site sewage system:
105
*(1) Was a permit issued for its construction, and was it approved by the local health
106
department or district following its construction?.......................................................................❑
0
❑
D
1o7
(2) When was it last pumped?
108
*(3) Are there any defects in the operation of the on -site sewage system? .....................................❑
❑
D
❑
109
(4) When was it last inspected?
D
❑
110
By whom:
111
(5) For how many bedrooms was the on -site sewage system approved? bedrooms
❑
❑
112
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site
113
sewagesystem?..............................................................................................................................❑
D
❑
❑
114
If no, please explain:
115
*F. Have there been any changes or repairs to the on -site sewage system? ............ ...................❑
D
❑
❑
116
G. Is the on -site sewage system, including the drainfield, located entirely within
117
boundaries of the property?................................................................ ....... ....
..........D
El
❑
❑
118
If no, please explain:
119
*H. Does the on -site sewage system require monitoring and maintenance frequently
thanonce a year?..............................................................................
D
❑
❑
❑
120
121
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOS E ING MPLETED FOR NEW CONSTRUCTION 122
WHICH HAS NEVER BEEN OCCUPIED, SELLER IS NOT RE T LETE THE QUESTIONS LISTED IN ITEM 4 123
STRUCTURAL OR ITEM 5 SYSTEMS AND FIXTURES) 124
4. STRUCTURAL
*A.
Has the roof leaked within the last 5 years?.........
...........
............................................
*B.
Has the basement flooded or leaked? .... ......
......................................................
*C.
Have there been any conversions, addi s
li
?................................................
*(1) If yes, were all building obt .....
..............................................................
*(2) If yes, were all final i ctions i................................................................
D.
Do you know the age of t............................................................................
If yes, year of original const ion:
*E.
Has there been any settling, sli sliding of the property
or its improvements? .........
*F.
Are there any defects with the following: (If yes, please check applicable items and explain)
❑ Foundations ❑ Decks
❑
Exterior Walls
❑ Chimneys ❑ Interior Walls
❑
Fire Alarms
❑ Doors ❑ Windows
D
Patio
❑ Ceilings ❑ Slab Floors
❑
Driveways
❑ Pools ❑ Hot Tub
❑
Sauna
❑ Sidewalks ❑ Outbuildings
❑
Fireplaces
❑ Garage Floors ❑ Walkways
❑
Siding
❑ Wood Stoves ❑ Elevators
❑
Incline Elevators
❑ Stairway Chair Lifts ❑ Wheelchair Lifts
D
Other
.......
❑
❑
❑
❑
.......
❑
❑
❑
D
.......❑
❑
❑
❑
.......
❑
❑
❑
❑
.......
❑
❑
❑
❑
.......
❑
❑
❑
❑
.......
❑
❑
D
❑
.......
❑
❑
❑
❑
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
*G. Was a structural pest or "whole house" inspection done? .................... ............................................ ❑ ❑ ❑ D 144
If yes, when and by whom was the inspection completed? 145
146
H. During your ownership, has the property had any wood destroying organism or pest infestation?..........
❑
❑
❑
❑ 147
I. Is the attic insulated?........................................................................................................................❑
❑
❑
O 148
J. Is the basement insulated?..............................................................................................................❑
❑
❑
❑ 149
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 95
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT OCopyright 2021
Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 4 of 6 (Continued)
YES NO DON'T WA
5. SYSTEMS AND FIXTURES KNOW
*A. If any of the following systems or fixtures are included with the transfer, are there any defects?
If yes, please explain:
Electrical system, including wiring, switches, outlets, and service ............................................❑
Plumbing system, including pipes, faucets, fixtures, and toilets................................................0
Hotwater tank........................................................................................................................... ❑
Garbagedisposal......................................................................................................................❑
Appliances................................................................................................................................. ❑
Sumppump...............................................................................................................................❑
Heating and cooling systems....................................................................................................0
Security system: ❑ Owned ❑ Leased....................................................................................❑
Other I ........... O
*B. If any of the following fixtures or property is included with the transfer, are they leased?
(If yes, please attach copy of lease.)
Security System: ❑
Tanks (type): ❑
Satellite dish: ❑
Other: O
.....................
*C. Are any of the following kinds of wood burning appliances present at the prop
(1) Woodstove?................................................................................. .......... ...... ❑
(2) Fireplace insert?........................................................................... ...... ...........❑
(3) Pellet stove?..................................................................................... ..... ............ ❑
(4) Fireplace?............................................................................................. ................... ❑
If yes, are all of the (1) woodstoves or (2) fireplace inserts certified byt$: En nmental
Protection Agency as clean burning appliances to improve air quality and public health? ..................... ❑
D. Is the property located within a city, county, or district or within a department of natural
resources fire protection zone that provides fire protectioasel;Vices*..,.........................................❑
E. Is the property equipped with carbon monoxide alarms? (Dote: Pu(Auant tQ RCW 19.27.530, Seller
must equip the residence with carbon monoxide alarrp82irequired *the 4* building code.) ....... .... ❑
F. Is the property equipped with smoke detection devices?..s;:s.........................................................❑
(Note: Pursuant to RCW 43.44.110, if the property Is not equipped with at least one smoke
detection device, at least one must be provided by the seller.)
G. Does the property currently have internet servipe?.......................................................................... ❑
Provider: l
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
A. Is there a Homeowners' Association?..........................................................................................
Name of Association and contact information for an officer, director, employee, or other authorized
agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy,
and other information that is not publicly available:
B. Are there regular periodic assessments?.....................................................................................
$ per ❑ month ❑ year
❑ Other:
*C. Are there any pending special assessments?..............................................................
*D. Are there any shared "common areas" or any joint maintenance agreements (facilities
such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas
co -owned in undivided interest with others)?................................................................
❑ ❑ ❑
❑ ❑ O
❑ 0 0
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
❑ 0 0
❑ 0 ❑
0 O O
❑ ❑ ❑
❑ ❑ ❑
0 ❑ ❑
❑ ❑ 0
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
❑ ❑ ❑ 183
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
7. ENVIRONMENTAL
*A. Have there been any flooding, standing water, or drainage problems on the property
that affect the property or access to the property?...........................................................................❑
*B. Does any part of the property contain fill dirt, waste, or other fill material? .......................................❑
*C. Is there any material damage to the property from fire, wind, floods, beach movements,
earthquake, expansive soils, or landslides?....................................................................................0
D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? ..........................0
*E. Are there any substances, materials, or products in or on the property that may be environmental
concerns, such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical
storage tanks, or contaminated soil or water?..................................................................................❑
*F. Has the property been used for commercial or industrial purposes? ................................................❑
SELLER'S INITIALS Date SELLER'S INITIALS Date
184
185
186
187
188
189
190
191
192
193
194
195
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197
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❑ ❑
❑
199
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❑
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0 0
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❑ 0
O
206
0 ❑
❑
207
Packet Pg. 96
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2019
Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 5 of 6 (Continued)
YES NO DON'T WA 208
KNOW 209
*G. Is there any soil or groundwater contamination?..............................................................................❑ ❑ ❑ ❑ 210
*H. Are there transmission poles or other electrical utility equipment installed, maintained, or 211
buried on the property that do not provide utility service to the structures on the property? .............❑ ❑ ❑ ❑ 212
"I. Has the property been used as a legal or illegal dumping site? ...................................................... El ❑ ❑ ❑ 213
*J. Has the property been used as an illegal drug manufacturing site? ................................................ ❑ ❑ ❑ ❑ 214
*K. Are there any radio towers in the area that cause interference with cellular telephone reception?.......... ❑ ❑ ❑ ❑ 215
8. LEAD BASED PAINT (Applicable if the house was built before 1978).................................................... ❑ 216
A. Presence of lead -based paint and/or lead -based paint hazards (check one below): 217
❑ Known lead -based paint and/or lead -based paint hazards are present in the housing 218
(explain). 219
❑ Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. 220
B. Records and reports available to the Seller (check one below): 221
❑ Seller has provided the purchaser with all available records and reports pertaining to 222
lead -based paint and/or lead -based paint hazards in the housing (list docu below). 223
224
❑ Seller has no reports or records pertaining to lead -based paint and/ - aint ards in the housing. 225
9. MANUFACTURED AND MOBILE HOMES 226
If the property includes a manufactured or mobile home, 227
'A. Did you make any alterations to the home? .............................. ...................... I ................... ❑ ❑ ❑ ❑ 228
If yes, please describe the alterations: 229
*B. Did any previous owner make any alterations to the h ? .... ❑ ❑ ❑ ❑ 230
*C. If alterations were made, were permits or variance a all ons fined? ......................❑ ❑ ❑ ❑ 231
10. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
'Are there any other existing material <
buyer should know about?rth*he
....
B. Verification
The foregoing answers a
Seller has received a coI
against any and all claimsov
copy of this disclosure statement1j.9"
Seller
232
233
Z
ng property that a prospective 234
.................................................................... ❑ ❑ ❑ ❑ 235
236
(if any) are complete and correct to the best of Seller's knowledge and 237
Irees to defend, indemnify and hold real estate licensees harmless from and 238
rmation is inaccurate. Seller authorizes real estate licensees, if any, to deliver a 239
estate licensees and all prospective buyers of the property. 240
Date Seller
Date
241
If the answer is "Yes" to any asterisked (") items, please explain below (use additional sheets if necessary). Please refer to the line 242
number(s) of the question(s). 243
244
245
246
247
248
249
250
251
252
253
254
255
256
Packet Pg. 97
2.7.a
Form 17 SELLER DISCLOSURE STATEMENT ©Copyright 2021
Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 6 of 6 (Continued)
II. NOTICES TO THE BUYER 257
1. SEX OFFENDER REGISTRATION 258
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 259
AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT 260
AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 261
2. PROXIMITY TO FARMING/WORKING FOREST 262
THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 263
CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST 264
INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED 265
UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT. 266
3. OIL TANK INSURANCE 267
THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES 268
AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY 269
INSURANCE AGENCY. 270
III. BUYER'S ACKNOWLEDGEMENT
271
BUYER HEREBY ACKNOWLEDGES THAT: 272
A. Buyer has a duty to pay diligent attention to any material defects that are kn o er or can be known to Buyer by 273
utilizing diligent attention and observation. 274
B. The disclosures set forth in this statement and in any amendments t s ent made only by the Seller and 275
not by any real estate licensee or other party. 276
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real e s re not liable for inaccurate information 277
provided by Seller, except to the extent that real estate license now o416
ch ccurate information. 278
D. This information is for disclosure only and is not intended to be a p the w n agreement between the Buyer and Seller. 279
E. Buyer (which term includes all persons signing the "Buy pt rtion of this disclosure statement below) has 280
received a copy of this Disclosure Statement (includi ach s, i bearing Seller's signature(s). 281
F. If the house was built prior to 1978, Buyer acknowleg r of the mph Protect Your Family From Lead in Your Home. 282
DISCLOSURES CONTAINED IN THIS DISCLOSUREWTEMEW ARE PROVIDED BY SELLER BASED ON SELLER'S 283
ACTUAL KNOWLEDGE OF THE PROPERTY E SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER 284
AND SELLER OTHERWISE AGREE IN NG E HALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY 285
SELLER OR SELLER'S AGENT - IVE T LOSURE STATEMENT TO RESCIND THE AGREEMENT BY 286
DELIVERING A SEPARATELY WRI ST MENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU 287
MAY WAIVE THE RIGHT TO CIND P FTER THE TIME YOU ENTER INTO A SALE AGREEMENT. 288
BUYER HEREBY ACKNOWL CEI OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES 289
THAT THE DISCLOSURES MA HER
EI RE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE 290
LICENSEE OR OTHER PARTY. 291
Buyer
292
Date 293
2. BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 294
Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement. Buyer approves this statement and 295
waives Buyer's right to revoke Buyer's offer based on this disclosure. 296
Buyer
297
Buyer Date 298
3. BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 299
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. 300
However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive 301
the receipt of the "Environmental" section of the Seller Disclosure Statement. 302
Buyer
Date Buyer
Date
303
304
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 98
2.7.a
Form 17C
Seller Disclosure Statement -Unimproved
Rev. 8/21
Page 1 of 6
SELLER:
SELLER DISCLOSURE STATEMENT
UNIMPROVED PROPERTY
©Copyright 2021
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
1
Seller Seller
To be used in transfers of unimproved residential real property, including property zoned for residential use that is not improved by 2
one or more residential dwelling units, a residential condominium, a residential timeshare or a mobile or manufactured home. 3
Unimproved residential real property does not include commercial real estate as defined in RCW 60.42.005 or property defined as 4
"timber land" under RCW 84.34.020. See RCW Chapter 64.06 for further information. 5
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property check
"NA." If the answer is "yes" to any asterisked (*) item(s), please explain on attached sheets. Please refer to the line number(s) of
the question(s) when you provide your explanation(s). For your protection you must date and initial each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless
otherwise agreed, after mutual acceptance of a written purchase and sale agreement between a Buyer and Seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED
AT CITY
STATE , ZIP COUNTY ("THE PROPERTY") OR AS
LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS 0 AL DEFECTS TO BUYER BASED
ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE E S LE PLETES THIS DISCLOSURE
STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITIN U TH E (3) BUSINESS DAYS FROM
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATE T O RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RE 10 S ER OR SELLER'S AGENT. IF THE
SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEM AY WAIVE THE RIGHT TO RESCIND
PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND E AGR ENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND N HE PRESENTATIONS OF ANY REAL ESTATE
LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DIS O D IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF TH E CON ION F THIS PROPERTY YOU ARE ADVISED TO
OBTAIN AND PAY FOR THE SERVICES OF QUALIFI PER 0 INSPECT THE PROPERTY, WHICH MAY INCLUDE,
WITHOUT LIMITATION, ARCHITECTS, ENGINEER D VEY IRS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING
INSPECTORS, ON -SITE WASTEWATER TR I CTORS, OR STRUCTURAL PEST INSPECTORS. THE
PROSPECTIVE BUYER AND SELLER MAY WIS 0 P OFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY
OR TO PROVIDE APPROPRIATE ION I A RACT BETWEEN THEM WITH RESPECT TO ANY ADVICE,
INSPECTION, DEFECTS OR WAR IES.
I. SELLER'S DISCLOSURE
6
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30
31
32
33
Seller O is / ❑ is not occupying the Property. 34
35
* If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not 36
otherwise publicly recorded. If necessary, use an attached sheet. 37
1. TITLE
YES NO DON'T NIA 38
KNOW 39
A. Do you have legal authority to sell the property? If no, please explain .............................................❑
O
❑
❑
40
*B. Is title to the property subject to any of the following?
41
(1) First right of refusal...................................................................................................................❑
❑
0
❑
42
(2) Option.......................................................................................................................................0
❑
0
❑
43
(3) Lease or rental agreement.......................................................................................................❑
❑
0
0
44
(4) Life estate?...............................................................................................................................0
❑
0
❑
45
*C. Are there any encroachments, boundary agreements, or boundary disputes?
*D. Is there a private road or easement agreement for access to the property?
..............❑ ❑ 0 0 46
*E. Are there any rights -of -way, easements, or access limitations that affect the Buyer's use of
theproperty?.......................................................................................................................
0 0 ❑ ❑ 47
48
❑ O 0 ❑ 49
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 99
Form 17C
Seller Disclosure Statement - Unimproved
Rev. 8/21
Page 2 of 6
SELLER DISCLOSURE STATEMENT
UNIMPROVED PROPERTY
(Continued)
2.7.a
©Copyright 2021
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
YES
NO
DON'T
NIA 50
KNOW
51
*F. Are there any written agreements for joint maintenance of an easement or right of way? ..............❑
❑
0
0 52
*G. Is there any study, survey project, or notice that would adversely affect the property? ...................
El
❑
❑
❑ 53
*H. Are there any pending or existing assessments against the property? ...........................................
❑
0
0
❑ 54
*I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the
property that affect future construction or remodeling?...................................................................❑
*J. Is there a boundary survey for the property?...................................................................................❑
*K. Are there any covenants, conditions, or restrictions recorded against title to the property? .............❑
NOTICE TO BUYER: Covenants or deed restrictions based on race, creed, sexual
orientation, or other protected class were voided by RCW 49.60.224 and are
unenforceable. Washington law allows for the illegal language to be struck by bringing
an action in superior court or by the free recording of a restrictive cov ant
modification document. Many county auditor websites provide a short f
instructions on this process.
2. WATER
A. Household Water
(1) Does the property have potable water supply? .................. .............................................❑
(2) If yes, the source of water for the property is: ❑ Pr' pu ed water system
❑ Private well serving only the property *❑ O wate t
*If shared, are there any written agreements? ...................................................................❑
*(3) Is there an easement (recorded or unrecord acce o and/or maintenance
of the water source? ......................... ......................................................................❑
*(4) Are there any problems or airs d ......................................................................❑
(5) Is there a connection ook-up char le before the property can be connected
tothe water main?... ........ .....................................................................................❑
(6) Have you obtained a ate of r availability from the water purveyor serving
the property? (If yes, pleas tta copy.).............................................................................❑
(7) Is there a water right permit, certificate, or claim associated with household water
supply for the property? (If yes, please attach a copy.).............................................................❑
(a) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?...................................................................................................❑
*(b) If yes, has all or any portion of the water right not been used for five or more
successiveyears?..............................................................................................................0
(c) If no or don't know, is the water withdrawn from the water source less than
5,000 gallons a day?...........................................................................................................0
*(8) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? ......0
B. Irrigation Water
(1) Are there any irrigation water rights for the property, such as a water right permit,
certificate, or claim? (If yes, please attach a copy.)..................................................................❑
(a) If yes, has all or any portion of the water right not been used for five or more
successiveyears?..............................................................................................................❑
(b) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?...................................................................................................❑
SELLER'S INITIALS Date SELLER'S INITIALS Date
55
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0
56
0 ❑
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0 ❑
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O O
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❑ ❑
O
93
Packet Pg. 100
2.7.a
Form 17C SELLER DISCLOSURE STATEMENT ©Copyright 2021
Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 3 of 6 (Continued)
YES NO DON'T WA 94
KNOW 95
*(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? ..... ❑ ❑ ❑ ❑ 96
If so, please identify the entity that supplies irrigation water to the property: 97 y
98
C. Outdoor Sprinkler System 99
(1) Is there an outdoor sprinkler system for the property?.............................................................. El ❑ ❑ ❑ 100
*(2) If yes, are there any defects in the system?..............................................................................❑ ❑ ❑ ❑ 101
*(3) If yes, is the sprinkler system connected to irrigation water? ....................................................❑ ❑ ❑ ❑ 102
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
❑ Public sewer system
❑ On -site sewage system (including pipes, tanks, drainfields, and all other
❑ Other disposal system
Please describe:
B. Is the property subject to any sewage system fees or charges in a wao
s
your regularly billed sewer or on -site sewage system maintenan
C. If the property is connected to an on -site sewage system:
*(1) Was a permit issued for its construction? ................ .... ...... ......
*(2) Was it approved by the local health departme rict fo g
(3) Is the septic system a pressurized system?. ........... .....................
(4) Is the septic system a gravity syste ....... ...............................
*(5) Have there been any cha or r it t site sewage system?
(6) Is the on -site sewage tem, includin infield, located entirely
within the boundari the ....................................................
If no, please explain: ff
parts)
�......................... ❑
❑ ❑
..........................❑
❑ ❑
uction? .............. ❑
❑ ❑
..........................❑
❑ ❑
..........................❑
❑ ❑
......................❑
❑ ❑
I .....................❑
❑ ❑
*(7) Does the on -site sewage s uire monitoring and maintenance services more
frequently than once a yearmpp............................................................................. I ....................... ❑
4. ELECTRICAL/GAS
A. Is the property served by natural gas? .....................................
B. Is there a connection charge for gas? ......................................
C. Is the property served by electricity? ........................................
D. Is there a connection charge for electricity? .............................
*E. Are there any electrical problems on the property? ..................
.................................................... ❑
❑ ❑
... ....................... I ............ .....I ....... ❑
❑ ❑
❑
❑ ❑
........ ................... .........................
............. ... ..............I., ....... ❑
❑ ❑
........................................ ❑
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❑ 124
❑ 125
❑ 126
❑ 127
5. FLOODING 128
A. Is the property located in a government designated flood zone or floodplain?.................................❑ O ❑ ❑ 129
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 101
2.7.a
Form 17C SELLER DISCLOSURE STATEMENT ©Copyright 2021
Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY Northwest Multiple Listing Service
Rev. 8/21 ALL RIGHTS RESERVED
Page 4 of 6 (Continued)
YES NO DON'T N/A 130
6. SOIL STABILITY KNOW 131
*A. Are there any settlement, earth movement, slides, or similar soil problems on the property? .......... ❑ ❑ ❑ ❑ 132
7. ENVIRONMENTAL
*A. Have there been any flooding, standing water, or drainage problems on the property that affect
the property or access to the property?....................................................... ................ ..................... ❑
*B. Does any part of the property contain fill dirt, waste, or other fill material? ....................................... ❑
*C. Is there any material damage to the property from fire, wind, floods, beach movements,
earthquake, expansive soils, or landslides?....................................................................................❑
D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? ..........................❑
*E. Are there any substances, materials, or products in or on the property that may be environmental
concerns, such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or mical
storage tanks, or contaminated soil or water? .................................................. .... ...............❑
*F. Has the property been used for commercial or industrial purposes?..... ...... ....... ............❑
*G. Is there any soil or groundwater contamination? ............................. ..... .............................❑
*H. Are there transmission poles or other electrical utility equipme tailed, int fined,
or buried on the property that do not provide utility service to the cture n the property? ......... ❑
*I. Has the property been used as a legal or illegal dum ' site.. ...........................................❑
*J. Has the property been used as an illegal drug actu site? .................................................❑
*K. Are there any radio towers that cause int a ellular telephone reception? .................... ❑
8. HOMEOWNERS' ASSOCIATI MON I R S
A. Is there a homeowners' a ciati.......................................................................I..............❑
Name of Association and ormaf for an officer, director, employee, or other authorized
agent, if any, who may provide the ass n's financial statements, minutes, bylaws, fining policy,
and other information that is n available:
B. Are there regular periodic assessments?.........................................................................................❑
$ per ❑ month ❑ year
❑ Other:
*C. Are there any pending special assessments?..................................................................................❑
*D. Are there any shared "common areas" or any joint maintenance agreements (facilities
such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas
co -owned in undivided interest with others)?....................................................................................❑
9. OTHER FACTS
*A. Are there any disagreements, disputes, encroachments, or legal actions concerning the property? ....... ❑
*B. Does the property have any plants or wildlife that are designated as species of concern, or listed
as threatened or endangered by the government?...........................................................................D
133
134
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O ❑
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❑ D
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SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 102
2.7.a
Form 17C SELLER DISCLOSURE STATEMENT
Seller Disclosure Statement - Unimproved UNIMPROVED PROPERTY
Rev. 8/21
Page 5 of 6 (Continued)
©Copyright 2021
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
YES NO DON'T WA 166
KNOW 167
*C. Is the property classified or designated as forest land or open space? ............................................❑ ❑ ❑ ❑ 168
D. Do you have a forest management plan? If yes, attach..................................................................❑ ❑ ❑ ❑ 169
*E. Have any development -related permit applications been submitted to any government agencies?........ ❑ ❑ ❑ ❑ 170
If the answer to E is "yes," what is the status or outcome of those applications? 171
F. Is the property located within a city, county, or district or within a department of natural resources
fire protection zone that provides fire protection services?.............................................................❑
172
173
O ❑ ❑ 174
10. FULL DISCLOSURE BY SELLERS 175
A. Other conditions or defects: 176
*Are there any other existing material defects affecting the property that a proQtol)ibest
177
buyer should know about?............................................................................................ ❑ ❑ ❑ ❑ 178
B. Verification 179
The foregoing answers and attached explanations (if any) are complete a t cof Sellers knowledge and 180
9
Seller has received a copy hereof. Seller agrees to defend, indemKa4 and hold real estate licensees harmless from and 181
against any and all claims that the above information is inaccurate. Seller authorizes real estate licensees, if any, to deliver a 182
copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. 183
Seller
If the answer is "Yes" to any asterisked (* items, please explaiq I
number(s) of the question(s). p
Date
184
185
(use additional sheets if necessary). Please refer to the line 186 a)
187
188
189
a
N
-a
190
191
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193
v
194
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196
L
7
a
r
197
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v
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201
202
tv
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Q
;
203
204
205
y
E
t
u
206
207
208
Q
209
210
211
212
Packet Pg. 103
2.7.a
Form 17C
Seller Disclosure Statement - Unimproved
Rev. 8/21
Page 6 of 6
II. NOTICES TO THE BUYER
SELLER DISCLOSURE STATEMENT
UNIMPROVED PROPERTY
(Continued)
©Copyright 2021
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
213
1. SEX OFFENDER REGISTRATION 214
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 215
AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT 216
AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 217
2. PROXIMITY TO FARMING/WORKING FOREST 218
THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 219
CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST 220
INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED 221
UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT. 222
3. OIL TANK INSURANCE 223
THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES 224
AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY 225
INSURANCE AGENCY. 226
III. BUYER'S ACKNOWLEDGEMENT
227
1.. BUYER HEREBY ACKNOWLEDGES THAT: 228
A. Buyer has a duty to pay diligent attention to any material defects tha are kn t y or can be known to Buyer by 229
utilizing diligent attention and observation. 230
B. The disclosures set forth in this statement and in any amendments to st made only by the Seller and 231
not by any real estate licensee or other party. 232
C. Buyer acknowledges that, pursuant to RCW 64.06.050 (2), real e s re not liable for inaccurate information 233
provided by Seller, except to the extent that real estate licens now o ch i accurate information. 234
D. This information is for disclosure only and is not intended to b pa e n agreement between the Buyer and Seller. 235
E. Buyer (which term includes all persons signing the "Bu s a ortion of this disclosure statement below) has 236
received a copy of this Disclosure Statement (inclu ' ach i bearing Seller's signature(s). 237
DISCLOSURES CONTAINED IN THIS DISCLOSURP&TATENUT ARE PROVIDED BY SELLER BASED ON SELLER'S 238
ACTUAL KNOWLEDGE OF THE PROPERTY A THE ESE R COMPLETES THIS DISCLOSURE. UNLESS BUYER 239
AND SELLER OTHERWISE AGREE IN WRI U HALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY 240
SELLER OR SELLER'S AGENT DELIVE T C SURE STATEMENT TO RESCIND THE AGREEMENT BY 241
DELIVERING A SEPARATELY SI WR T ENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU 242
MAY WAIVE THE RIGHT TOR RIOR OR TER THE TIME YOU ENTER INTO A SALE AGREEMENT. 243
fthk
BUYER HEREBY ACKNOWL OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES 244
THAT THE DISCLOSURES &WEIREIIRE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE 245
LICENSEE OR OTHER PARTY. _ 246
Date Buyer
2. BUYER'S WAIVER OF RIGHT TO REVOKE OFFER
247
Date 248
249
Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement. Buyer approves this statement and 250
waives Buyer's right to revoke Buyer's offer based on this disclosure. 251
Buyer
Date Buyer
3. BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
252
Date 253
254
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. 255
However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," Buyer may not waive 256
the receipt of the "Environmental" section of the Seller Disclosure Statement. 257
Date Buyer
258
Date 259
SELLER'S INITIALS Date SELLER'S INITIALS Date
Packet Pg. 104
2.7.a
Form 65A
Rental — Early Occupancy
Rev. 8/21
Page 1 of 2
RENTAL AGREEMENT
Buyer Occupancy Prior to Closing
©Copyright 2021
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
Notice: There are many risks associated with giving a buyer the right to occupy a property prior to closing. If a buyer defaults
under the purchase and sale agreement, fails to close the sale, and fails to vacate the property, a seller may have limited rights to
remove the buyer from the property. A seller should consult with an attorney before entering into an agreement that provides a
buyer with occupancy prior to closing.
Date: l
Tenant(s) 2
Buyerrrenant Buyer/Tenant
agree(s) to rent from Landlord 3
Seller/Landlord Seller/Landlord
the property commonly known as 4
Address City
(the "Property") on the following terms and conditions: 5
State Zip County
1. RENT. The rent shall be $ per 6
Rent shall be payable to C]kj 7
at
8
Other:
g
2. TERM AND TERMINATION. Tenant is entitled to posses on
10
This Agreement shall terminate on . If Tenant purchases the Property from
11
Landlord, then this Agreement shall terminate on closi a he time of closing, advance rent paid to
12
Landlord shall be pro -rated on a daily basis, and Ten sh 'ted with any unused portion thereof. If this
13
Agreement is terminated prior to the termination forth his ragraph, then any advance rent shall be
14
pro -rated on a daily basis, and the unused po ref d to enant immediately upon Tenant's vacating the
15
Property. If Tenant holds over without the writte sent andlord, Tenant shall be liable for rent and all other
16
damages sustained by Landlord because h er.
17
3. INSURANCE. Landlord agrees ep t P sured against fire and other normal casualties. All proceeds
18
of any such policy shall be p o Lan rd ne. Landlord shall have no responsibility for insuring anything
19
in or on the Property which ongs a nant is advised that renter's insurance is available to Tenant for
20
coverage related to liability I property damage, and for the theft, loss, or damage to Tenant's
21
personal property.
22
4. UTILITIES. Tenant agrees to pay folM ities, including garbage collection charges, during the term of this Agreement. 23
5. IMPROVEMENTS. Tenant shall not be entitled to make any improvements or alterations in the Property, including 24
painting, during the term of this Agreement without the written permission of Landlord. In the event this 25
Agreement terminates for any reason other than Tenant's purchase of the Property, Tenant will return the 26
Property to Landlord in as good a condition as it presently is, ordinary wear and tear excepted. 27
6. UNLAWFUL DETAINER. This Agreement is subject to the provisions of the Unlawful Detainer Statute, RCW 28
59.12. If Tenant and Landlord have entered into a purchase and sale agreement for the purchase of the Property, 29
then a default under that purchase and sale agreement shall constitute a default under this Agreement, and 30
Landlord shall be entitled to all remedies provided for in the Unlawful Detainer Statute, RCW 59.12. 31
7. SUBLETTING OR ASSIGNMENT. Tenant may not sublet the Property and may not assign Tenant's rights under 32
this Agreement. 33
8. CITY OF SEATTLE RENTAL AGREEMENT REGULATION ORDINANCE. If the Property is located within the 34
City of Seattle then a copy of a summary of city and state landlord/tenant laws is attached. Tenant hereby 35
acknowledges receipt of a copy of the summary. 36
Landlord's Initials Date Landlord's Initials Date Tenant's Initials Date Tenant's Initials Date
Packet Pg. 105
2.7.a
Form 65A RENTAL AGREEMENT ©Copyright 2021
Rental — Early Occupancy Northwest Multiple Listing Service
Rev. 8/21 Buyer Occupancy Prior to Closing ALL RIGHTS RESERVED
Page 2 of 2 (Continued)
9. RELEASE OF REAL ESTATE FIRMS. Landlord and Tenant release all real estate firms and brokers involved 37
with this Agreement between Landlord and Tenant and agree to indemnify all real estate firms and brokers from 38
any and all claims arising under this Agreement. 39
10. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is 40
successful, the other party agrees to pay reasonable attorneys' fees. In the event of trial, the amount of fees shall 41
be as fixed by the court. 42
11. SMOKE DETECTOR. Tenant acknowledges and Landlord certifies that the Property is equipped with a smoke 43
detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been tested and is/are operable. It is 44
Tenant's responsibility to maintain the smoke detector(s) as specified by the manufacturer, including replacement 45
of batteries, if required. In addition, if the Property is a multi -family building (more than one unit), Landlord makes 46
the following disclosures: 47
(a) The smoke detection device is ❑ hard -wired ❑ battery operated. 48
(b) The Building ❑ does ❑ does not have a fire sprinkler system. 49
(c) The Building ❑ does ❑ does not have a fire alarm system. 50
(d) ❑ The building has a smoking policy, as follows: 51
52
53
❑ The building does not have a smoking policy 54
(e) ❑ The building has an emergency notification plan ffr)
copy of which is attached to this 55
Agreement. 56
❑ The building does not have an emergency notificatior upants. 57
(f) ❑ The building has an emergency relocation pan for occupants, a copy of which is attached to this 58
Agreement. 59
❑ The building does not have an emergenc loca Ian for occupants. 60
(g) ❑ The building has an emergency evacuat Ian for occupants, a copy of which is attached to this 61
Agreement. 62
❑ The building does not h n emergenc cuation plan for occupants. 63
Tenant hereby acknowl es r ipt of a co of the building's emergency evacuation routes. 64
12. CARBON MONOXIDE ALA andlord shall equip the Property with carbon monoxide alarm(s) in accordance 65
with the state building code as required by RCW 19.27.530. The parties acknowledge that the real estate firms 66
and brokers are not responsible for ensuring that Landlord complies with RCW 19.27.530. 67
13. LEAD -BASED PAINT. If the Property includes housing that was built before 1978, then the Addendum entitled 68
"Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards" (NWMLS Form 22J Lease or 69
equivalent), must be attached to this Agreement unless this lease/rental transaction is exempt from all applicable 70
federal regulations. 71
14. MOLD DISCLOSURE. Tenant acknowledges receipt of the pamphlet entitled "A Brief Guide to Mold, Moisture, 72
and Your Home." 73
15. OTHER. 74
75
76
77
78
Landlord Date Tenant Date
Landlord Date Tenant Date
Packet Pg. 106
2.7.a
Form 65B ©Copyright 2021
Rental — Delayed Occupancy RENTAL AGREEMENT Northwest Multiple Listing Service
Rev. 8/21 Seller Occupancy After Closing ALL RIGHTS RESERVED
Page 1 of 2
Notice: There are many risks associated with giving a seller the right to occupy a property as a tenant after closing. If a seller fails to
vacate the property upon the termination of this rental agreement, a buyer may have limited rights to remove the seller from the
property. A buyer should consult with an attorney before entering into an agreement that provides a seller with occupancy after closing.
Date: 1
Tenant(s) 2
Seller/Tenant Sellerlrenant
agree(s) to rent from Landlord 3
Buyer/Landlord Buyer/Landlord
the property commonly known as 4
Address City
(the "Property") on the following terms and conditions: 5
State Zip County
1. RENT. The rent shall be $ per 6
Rent shall be payable to 7
at 8
Other: 9
2. POSSESSION. Tenant is entitled to possession on the closing of e o operty from Tenant (Seller) to 10
Landlord (Buyer). If the sale does not close, then this Agreeme 11
3. TERM. This Agreement shall terminate on rmination Date"). Upon termination, any 12
advance rent shall be pro -rated on a daily basis, and nu n refunded to Tenant immediately upon 13
Tenant's vacating the Property. If Tenant holds over wi ri sent of Landlord, Tenant shall be liable for 14
rent and all other damages sustained by Landlord b of su I to the extent permitted by applicable laws. 15
Tenant hereby acknowledges and agrees that plant lWis Paragraph 3, Landlord has provided to Tenant the 16
requisite advance written notice that: (i) the tenannorantEMhereunder shall automatically expire and/or terminate 17
upon the Termination Date without further to�iant, (ii) Tenant is not entitled to any rights to extend the
18
Termination Date or to continue to oc o th roperty beyond the Termination Date, (iii) Tenant must
19
immediately vacate and surre e t ndlord on the Termination Date as further provided in this
20
Agreement, and (iv) this noti a ant shal n to personal delivery to Tenant consistent with RCW 59.12.040.
21
4.
INSURANCE. Landlord agr t roperty against fire and other normal casualties. All proceeds of any
22
such policy shall be payable dlord e. Landlord shall have no responsibility for insuring anything in or on
23
the Property which belongs to T na enant is advised that renter's insurance is available to Tenant for
24
coverage related to liability for jury, property damage, and for the theft, loss, or damage to Tenant's
25
personal property.
26
5.
UTILITIES. Tenant agrees to pay for all utilities, including garbage collection charges, during the term of the
27
Agreement.
28
6.
IMPROVEMENTS. Tenant shall not be entitled to make any improvements or alterations to the Property, including
29
painting, during the term of this Agreement, without the written permission of Landlord. Tenant will return the
30
Property to Landlord in as good a condition as it presently is, ordinary wear and tear excepted.
31
7.
SUBLETTING OR ASSIGNMENT. Tenant may not sublet the Property and may not assign Tenant's rights under
32
this Agreement.
33
8.
CITY OF SEATTLE RENTAL REGULATION ORDINANCE. If the Property is located within the City of Seattle,
34
then a copy of a summary of city and state landlord/tenant laws is attached. Tenant hereby acknowledges receipt
35
of a copy of the summary.
36
9.
RELEASE OF REAL ESTATE FIRMS. Landlord and Tenant release all real estate firms and brokers involved
37
with this Agreement between Landlord and Tenant and agree to indemnify all real estate firms and brokers from
38
any and all claims arising under this Agreement.
39
Landlord's Initials Date Landlord's Initials Date Tenant's Initials Date Tenant's Initials Date
Packet Pg. 107
2.7.a
Form 65B ©Copyright 2021
Rental — Delayed Occupancy RENTAL AGREEMENT Northwest Multiple Listing Service
Rev. 8/21 Seller Occupancy After Closing ALL RIGHTS RESERVED
Page 2 of 2
(Continued)
10. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is 40
successful, the other party agrees to pay reasonable attorneys' fees. In the event of a trial, the amount of fees 41
shall be as fixed by the Court. 42
11. SMOKE DETECTOR. Tenant acknowledges and Landlord certifies that the Property is equipped with a smoke 43
detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been tested and is/are operable. It is 44
Tenant's responsibility to maintain the smoke detector(s) as specified by the manufacturer, including replacement 45
of batteries, if required. In addition, if the Property is a multi -family building (more than one unit), Landlord makes 46
the following disclosures: 47
(a) The smoke detection device is ❑ hard -wired ❑ battery operated. 48
(b) The Building ❑ does ❑ does not have a fire sprinkler system. 49
(c) The Building ❑ does ❑ does not have a fire alarm system. 50
(d) ❑ The building has a smoking policy, as follows: 51
52
❑ The building does not have a smoking policy.
53
(e) ❑ The building has an emergency notification plan for occupants, a c whibl i is attached to this
54
Agreement.
55
❑ The building does not have an emergency notification pl cc nts.
56
(f) ❑The building has an emergency relocation plan for occy ntJpyrtf which is attached to this
57
Agreement.
58
❑ The building does not have an emergency relocation plan for occupants.
59
(g) ❑ The building has an emergency evacuation. Ja r occupants, a copy of which is attached to this
60
Agreement.
61
❑ The building does not have an emergency cuati Ian for occupants.
62
Tenant hereby acknowledges receip a of t building's emergency evacuation routes.
63
,fir
12. CARBON MONOXIDE ALARMS. Landlord all equip the Property with carbon monoxide alarm(s) in accordance
64
with the state building code as required by CW 19.27.530. The parties acknowledge that the real estate firms
65
and brokers are not responsible for ensuring that Landlord complies with RCW 19.27.530.
66
13. LEAD -BASED PAINT. If the Property includes housing that was built before 1978, then the Addendum entitled
67
"Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards" (NWMLS Form 22J Lease or
68
equivalent), must be attached to this Agreement unless this lease/rental transaction is exempt from all applicable
69
federal regulations.
70
14. MOLD DISCLOSURE. Tenant acknowledges receipt of the pamphlet entitled "A Brief Guide to Mold, Moisture,
71
and Your Home."
72
15. OTHER.
Landlord
Landlord
Date Tenant
Date Tenant
73
74
75
76
77
78
79
80
81
Date
Date
Packet Pg. 108
2.7.a
Form 68 ©Copyright 2021
Lease/Rental Agreement Northwest Multiple Listing Service
Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
Page 1 of 6
This Lease/Rental Agreement dated: is made and entered into between 1
("Lessor"), 2
Lessor Lessor
and ("Tenant") 3
Tenant Tenant
for the "Property" commonly known as 4
Address
5
City State Zip County
If this Agreement is for more than one (1) year, the legal description of the Property is attached as Exhibit A. 6
1. TERM OF AGREEMENT. This Agreement is for a term of (six (6) months 7
minimum) commencing on . This Agreement shall end at midnight on 8
("Expiration Date"). 9
a. If the term of this Agreement is between six and twelve mont n the Expiration Date, 10
this Agreement shall continue as a month -to -month tenancy u ss dlord provides written 11
notice to Tenant at least 60 days prior to the Expirati at h e nation Notice") that 12
the Agreement will expire on the Expiration Date. If Lan d t pr des the Termination 13
Notice, Tenant must vacate and surrender possession of t ro n the Expiration Date. 14
If this Agreement continues as a month-to-mon c andlord acknowledges that 15
Landlord may have limited rights to remove Tenz om t ro rty. 16
b. If the term of this Agreement is for twelve months re, nant must vacate and surrender 17
possession of the Property on the Expirati a greement shall not continue on a 18
month -to -month basis. Landlord shall pr . wri Into Tenant at least 60 days prior to 19
the Expiration Date (the "Terminate ce") t t Agreement will expire on the 20
Expiration Date. To continue the t cy nd the Expiration Date, Lessor and Tenant 21
may enter into successive rental a re nts terms of at least six (6) months or more. 22
Lessor shall deliver the Termi oti o Tenant in a manner consistent with RCW 23
59.12.040. If Tenant holds over tho ri written consent of Lessor, Tenant shall be liable 24
for rent and all other es in y Lessor because of such holdover to the extent 25
permitted by applic le laws. f T acates prior to the Expiration Date (as extended, if 26
applicable), the sec ty d I forfeited and Tenant shall be obligated for rent payments 27
for the remainder of , or it the Property has been re -rented whichever is less. 28
2. POSSESSION. Tenant's ' ht ssession of the Property begins at the commencement of the term 29
indicated above. If, throug It of Lessor or Listing Firm, Lessor cannot deliver possession of the 30
Property to Tenant on the date indicated above, Lessor shall not be liable to Tenant for damages. 31
3. RENT. Tenant shall pay rent as follows: 32
a. Amount and Due Date. The rent is $ per month, payable in advance and 33
due on or before the ❑ first day; ❑ day of each month commencing on the first 34
month of the term. Each monthly rental period shall begin on the day rent is due. 35
b. Payments. Rent shall be paid to (check one): ❑ Listing Firm at the address below; ❑ Lessor 36
at the address below; or ❑ 37
c. First Month's Rent. Lessor acknowledges receipt of $ as the first and 38
month's rent. If Lessor collects last month's rent, it can only be applied to the 39
final month of the term and is not applicable to any other month of the Agreement. 40
d. ❑ Pro -Rated Rent. Pro -rated rent from to is 41
$ and payable on 42
Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date
Packet Pg. 109
2.7.a
Form 68 ©Copyright 2021
Lease/Rental Agreement Northwest Multiple Listing Service
Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
Page 2 of 6 (Continued)
4. UTILITIES. Tenant shall pay all utilities when due except: ❑ water; ❑ sewer; ❑ garbage; 43
❑ 44
5. OCCUPANCY/SUBLETTING. The Property is rented as a private residence for the following 45
named persons: 46
Tenant shall not assign this Agreement, sublet all or any portion of the Property, nor give 47
accommodation to any other persons, without the prior written consent of Lessor or Listing Firm. 48
6. SECURITY DEPOSIT. Lessor acknowledges receipt from Tenant of the sum of $ 1 49
which shall be deposited in a trust account in Bank, 50
Branch, in , WA. Lessor or Listing
51
Firm will give written notice of any change in said depository. This deposit is security for
52
performance of Tenant's obligations in this Agreement, including but not limited to payment of rent,
53
and for any damages to and cleaning of the Property, for which Tenant is responsible.
54
A written "Move In/Move Out Addendum" describing the conditio anliness of and any
55
damage to the Property and furnishings shall be signed by JwIssor Lis ' m and Tenant upon
56
commencement of tenancy and a written copy given to an se ity deposit may be
57
collected unless the Move In/Move Out Addendum is complet
58
Within twenty-one (21) days after termination of tenancy a ti premises (or abandonment of
59
premises), Lessor will give Tenant a full and specific me sis of retaining any of the
60
deposit and a refund of any portion due Tenant, delive Tena personally or sent U.S. first-class
61
mail to Tenant's last known address. If the de I is ff to reimburse Lessor for such
62
damages and cleaning, Tenant shall pay any de In *thl een (14) days of Lessor's demand.
63
7. MAINTENANCE. Tenant shall at all times in the p including any yard and lawn, in
64
a neat and clean condition and upon t natio this Agreement will leave the Property in as
65
good condition as it is now, reasonable ar a ear excepted. Tenant shall not make any
66
alterations or improvements to the out Lessor's prior written approval.
67
a. ❑ Carpet Cleaning. At th nd er , Tenant shall have the carpets professionally
68
cleaned and Les o Ith ceipt evidencing the same.
69
8. INSPECTION/SALE. essor Property to inspect it or make alterations or repairs at
70
reasonable times an a ncies, shall give Tenant two days' notice. If Lessor wishes to show
71
the Property to pros purcha or tenants, Lessor shall provide Tenant with one day's notice.
72
9. RENT LATE CHARGE/ CK. If any rent is not paid within five days of the due date,
73
Tenant shall pay a late charge of ❑ $ for each day that the same is
74
delinquent, including the day of payment, up to a maximum of 10% of one month's rent; or
75
❑ $ . Tenant shall pay a charge of $ for each NSF check
76
given by Tenant to Lessor. Lessor shall have no obligation to redeposit any check returned NSF.
77
In addition to the foregoing, Lessor may elect to terminate this Agreement for nonpayment of rent.
78
Lessor shall notify Tenant of late rent and NSF check charges and the same must be paid within
79
fourteen (14) days.
80
10. NONREFUNDABLE FEE. Tenant shall pay, prior to occupancy, a nonrefundable fee of 81
$ for . Lessor 82
will not return this nonrefundable fee under any conditions. The fee may not be used hold the 83
Property for Tenant or to secure Tenant's obligation to move into the Property. 84
11. PETS. No dogs, cats or other animals will be permitted on the Property without a fully executed 85
Pet Agreement (NWMLS Form No. 68B). 86
Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date
Packet Pg. 110
2.7.a
Form 68 ©Copyright 2021
Lease/Rental Agreement Northwest Multiple Listing Service
Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
Page 3 of 6 (Continued)
12. RENTERS INSURANCE. Renter's insurance is available to Tenant for coverage related to liability for 87
bodily injury, property damage, and for the theft, loss, or damage to Tenant's personal property. 88
a. ❑ Renter's Insurance. Tenant shall obtain renter's insurance providing coverage for 89
liability, bodily injury, property damage, and for the theft, loss, or damage to Tenant's 90
personal property stored on the Property. Tenant shall provide Lessor a copy of the renter's 91
insurance policy within five days of mutual acceptance of this Agreement. 92
13. CARBON MONOXIDE ALARMS. Lessor shall equip the Property with carbon monoxide alarm(s) 93
in accordance with the state building code as required by RCW 19.27.530. The parties 94
acknowledge that the Brokers are not responsible for ensuring that Lessor complies with RCW 95
19.27.530. Lessor and Tenant shall hold the Brokers and their Firms harmless from any claim 96
resulting from Lessor's failure to install a carbon monoxide alarm(s) in the Property. 97
14. SMOKE DETECTOR. Tenant acknowledges and Lessor certifies that the Property is equipped 98
with a smoke detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been 99
tested and is/are operable. It is Tenant's responsibility to maint ' smoke detector(s) as 100
specified by the manufacturer, including replacement of batteriI r d. In addition, if the 101
Property is a multi -family building (more than one unit), Le ma s f ing disclosures: 102
(a) The smoke detection device is ❑ hard -wired; ❑ battery o t 103
(b) The Building ❑ does; ❑ does not have a fire sprinkle to 104
(c) The Building ❑ does; ❑ does not have a fire alarm s 105
(d) ❑ The building has a smoking policy, as follows106
107
108
❑ The building does not have a sm cy
109
(e) ❑ The building has an emergen otifi n plan for occupants, a copy of which is
110
attached to this Agreement.
111
❑ The building does not ha er y notification plan for occupants.
112
(f) ❑ The building has an em a ation plan for occupants, a copy of which is attached
113
to this Agree
114
❑ The buildin es no a rgency relocation plan for occupants.
115
(g) ❑ The buildin rgency evacuation plan for occupants, a copy of which is
116
attached to t reeme
117
❑ The building doe o an emergency evacuation plan for occupants.
118
Tenant hereby acknowledg ceipt of a copy of the building's emergency evacuation routes.
119
15. AGENCY DISCLOSURE. If real estate brokers are involved in this transaction, then at the signing of
120
this Agreement, Listing Broker represents ❑ Lessor; ❑ both Lessor and Tenant. Tenant's Broker
121
represents ❑ Lessor; ❑ Tenant; ❑ both Lessor and Tenant; ❑ neither Lessor nor Tenant. Tenant's
122
Firm, Tenant's Firm's Designated Broker, Tenant's Broker's Branch Manager (if any) and Tenant's
123
Broker's Managing Broker (if any) represent the same party that Tenant's Broker represents. Listing
124
Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's
125
Managing Broker (if any) represent the same party that the Listing Broker represents. If Tenant's Broker
126
and Listing Broker are different persons affiliated with the same Firm, then both Lessor and Tenant
127
confirm their consent to Designated Broker, Branch Manager (if any), and Managing Broker (if any)
128
representing both parties as dual agents. If Tenant's Broker and Listing Broker are the same person
129
representing both parties then both Lessor and Tenant confirm their consent to that person and his/her
130
Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as
131
dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency."
132
Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date
Packet Pg. 111
2.7.a
Form 68 ©Copyright 2021
Lease/Rental Agreement Northwest Multiple Listing Service
Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
Page 4 of 6 (Continued)
16. ATTORNEYS' FEES. If Lessor or Tenant institutes suit against the other concerning this 133
Agreement, the prevailing party is entitled to reasonable attorneys' fees and expenses. 134
17. WAIVER OF SUBROGATION. Lessor and Tenant hereby release and waive for the duration of 135
this Agreement and any extension or renewal thereof their respective rights of recovery against 136
each other for any loss resulting from perils of fire and/or extended coverage as defined in fire 137
insurance policies issued to either Lessor or Tenant in effect at the time of the loss; provided that 138
such waiver and release shall apply only in the event such agreement does not prejudice the 139
insurance afforded by such policies. 140
18. LOCAL ORDINANCES. Lessor and Tenant acknowledge that there may be local ordinances or 141
regulations that require Lessor to provide Tenant with certain information including, but not limited 142
to a summary of "Landlord -Tenant Laws." 143
19. COMPLIANCE WITH LAWS, CC&Rs, AND RULES AND REGULATIONS. Tenant shall not use 144
the Property in any way which violates any law, ordinance, or governmental regulation. In 145
addition, Tenant shall abide by any applicable covenants, conditi restrictions of record 146
("CC&Rs"), the Rules attached to this Agreement, and an\ec
o er I' ble Rules. Tenant 147
acknowledges receipt of any applicable CC&Rs and the Rpe 148
20. LEAD -BASED PAINT. If the Property includes housing fore 1978, then the 149
Addendum entitled "Disclosure of Information on^eral
nt and Lead -Based Paint 150
Hazards" (NWMLS Form 22J Lease or equivalent),to this Agreement unless 151
this lease/rental transaction is exempt from applicabllations. 152
21. MOLD DISCLOSURE. Tenant acknowledges
Mold, Moisture, and Your Home." _
Tenant
Tenant
Tenant's Present Addr
City, State, Zip
Home Phone ork Phone
Tenant's Employer
Tenant's Firm
Tenant's Broker
Tenant's Firm's Phone Number
Tenant's Broker's E-mail Address
Tenant's Initials Date Tenant's Initials Date
let entitled "A Brief Guide to 153
154
155
%ssor Date
156
Lessor Date
157
Lessor's Address
158
City, State, Zip
159
Lessor's Phone
160
161
Listing Firm
162
Listing Broker
163
Listing Firm's Phone Number
164
Listing Broker's E-mail Address
165
Listing Firm's Address
Lessor's Initials Date Lessor's Initials
Date
Packet Pg. 112
2.7.a
Form 68
Lease/Rental Agreement
Rev. 8/21
Page 5 of 6
STATE OF WASHINGTON
eelni►�fiwell
©Copyright 2021
Northwest Multiple Listing Service
LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
(Continued)
)Ss.
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she/they/it signed the
instrument and acknowledged it to be his/her their/its free and voluntary act for the uses and
purposes mentioned in the instrument.
(Use this space for notary stamp/seal.)
STATE OF WASHINGTON
COUNTY OF
I certify that I k
is the person who appi
instrument and acknc
purposes mentioned in
Dated:
Signature:
Print Name:
Notary Public in and for the of
Washington, Residing at:
My Appointment es:
MisAll5tolftidence that
me,"id id person acknowledged that he/she/they/it signed the
er their/its free and voluntary act for the uses and
Dated:
Signature: _
Print Name:
Notary Public in and for the State of
Washington, Residing at:
My Appointment Expires:
(Use this space for notary stamp/seal.)
Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date
Packet Pg. 113
2.7.a
Form 68 ©Copyright 2021
Lease/Rental Agreement Northwest Multiple Listing Service
Rev. 8/21 LEASE / RENTAL AGREEMENT ALL RIGHTS RESERVED
Page 6 of 6 (Continued)
RULES
Garbage. Tenant shall furnish his/her own garbage can and place it where required for
pickup.
Illegal Use. Tenant shall not use the Property for any illegal purposes.
Repairs. Tenant shall promptly repair, at Tenant's expense, any broken glass in doors or
windows.
4. Freezing. Tenant shall protect the plumbing from freezing. As a minimum, Tenant shall
leave the heat on low during cold weather.
5. Drains. Tenant shall relieve stoppage of drains at Tenant's expense unless resulting from a
condition existing at the time Tenant moved in.
6. Nails/Painting. Tenant shall not drive any nails or screws into walls, and shall not paint
anything, without the prior written consent of Lessor.
7. Lawns & Shrubs/Snow. Tenant shall cut and water an lawn w ny shrubs, trees,
and landscaping so as to maintain the same in as good ndi th are presently. In
the event of snow, Tenant will remove the same from any a n S.
8. Noise/Nuisance. Tenant shall keep TV, stereo, radio I Ins rument volumes low
enough so that no noise whatsoever shall escape fr h p Tenant shall not create
or permit any other nuisance on the Property.
9. Guests. Tenant is responsible for the conduc II the Property and shall insure
that guests comply with these Rules.
10. Pets. If Lessor has given written pe for is the Property, no pet noise
whatsoever shall be allowed to esca rom Property. In the case of apartments, pets
shall not be allowed in the halls, comm ce , r surrounding Property except on a leash
and accompanied by Tenant. It 40FAIMint sponsibility to clean up and dispose of any pet
excrement anywhere on the ro an on adjacent sidewalks, streets, alleys and
neighbors' properties
11. Vehicles. Tenant I not park o o ecreation vehicles, trailers, boats and inoperable or
unlicensed autom iles o on or in any parking area provided for the Property,
or on any street o ervin he Property. Tenant shall complete repairs to any vehicles
in these locations within 24 ho of commencement.
12. Hallways & Common . If there are hallways or other common areas shared with
other tenants, Tenant shall keep noise to a minimum therein and nothing may be stored,
even temporarily, therein.
13. Fireplace Insert/Wood Stove. Wood stoves are prohibited, unless provided by Lessor. No
fireplace insert may be installed without Lessor's prior written permission. If permission is
given, then the installation must be inspected by the applicable city or county building
department, at Tenant's expense, before the same is used.
14. Water Beds, Pianos & Heavy Objects. No water beds, aquariums, pianos, organs, libraries
or other unusually heavy objects are permitted in the Property without Lessor's written
permission. As a condition to permitting a water bed, Lessor may require Tenant to provide
and pay for water bed insurance.
15. Screens. Lessor is not obligated to provide window and/or door screens. If there are any
presently installed, Lessor has no obligation to maintain or replace them.
167
168
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205
206
207
208
Tenant's Initials Date Tenant's Initials Date Lessor's Initials Date Lessor's Initials Date
Packet Pg. 114
� --•--- - �. .. - I
2.7.b
Subject Photographs
w
Jnati Investments Property
7317 Lake Ballinger Way
Edmonds, Washington
Packet Pg. 116
2.7.b
Aerial Photograph
Packet Pg. 117
2.7.b
Llirre
Integra Realty Resources 600 University Street T 206.903.6700
Seattle Suite 310 F 206.623.5731
Seattle, WA 98101 www.irr.com
March 12, 2024
Russell Lynch
Associate Engineer
City of Edmonds
121 5th Avenue N
Edmonds, WA 98020
SUBJECT: Market Value Appraisal
Jnati Investments Property
7317 Lake Ballinger Way
Edmonds, Snohomish County, Washington 98026
IRR - Seattle File No. 154-2023-0277
Dear Mr. Lynch:
Integra Realty Resources — Seattle is pleased to submit the accompanying appraisal of the
referenced property. The purpose of the appraisal is to develop an opinion of the market
value, pertaining to the fee simple interest in the property.
The client for the assignment is City of Edmonds. The intended user of this report is the
client. The intended use of the report is for property acquisition purposes. No other party or
parties may use or rely on the information, opinions, and conclusions contained in this
report.
The subject is an existing one-story single-family residence containing 2,413 square feet
with an 840 square foot detached garage which were built in 1944. The house is not
habitable, was stripped down to the studs and foundation, and was boarded up as of the
effective date. The garage is being used as storage space and has not been stripped down
but is in poor condition with signs of debris and falling insulation throughout. Access to the
property is via two steep dirt driveways directly off Lake Ballinger Way (NE 205th Street)
which is a busy, primary thoroughfare in the area. The property has approximately 90 feet
of lake frontage along Lake Ballinger with views of the lake and an access dock.
Packet Pg. 118
2.7.b
Russell Lynch
City of Edmonds
March 12, 2024
Page 2
The dock could not be observed during the inspection and its condition is unknown, but it
was reported to be in unusable condition. The site is overgrown and access to much of the
northern portion of the subject site was unavailable during our inspection. The site has a
history of flooding and there is evidence of vagrant activity both in the interior of the home
and garage. The property has been vacant for approximately 10 years.
The appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP),
the Code of Professional Ethics and Standards of Professional Practice of the Appraisal
Institute, and applicable state appraisal regulations.
Standards Rule 2-2 (Content of a Real Property Appraisal Report) contained in the Uniform
Standards of Professional Appraisal Practice (USPAP) requires each written real property
appraisal report to be prepared as either an Appraisal Report or a Restricted Appraisal
Report. This report is prepared as an Appraisal Report as defined by USPAP under Standards
Rule 2-2(a), and incorporates practical explanation of the data, reasoning, and analysis that
were used to develop the opinion of value.
Based on the valuation analysis in the accompanying report, and subject to the definitions,
assumptions, and limiting conditions expressed in the report, the concluded opinions of
value are as follows:
Value Conclusion
Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value Fee Simple August 3, 2023 $520,000
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an
assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if
found to be false, could alter the appraiser's opinions or conclusions.
1. None
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition,
directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective
date of the assignment results, but is used for the purpose of analysis.
1. None
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
Packet Pg. 119
2.7.b
Russell Lynch
City of Edmonds
March 12, 2024
Page 3
If you have any questions or comments, please contact the undersigned. Thank you for the
opportunity to be of service.
Respectfully submitted,
Integra Realty Resources - Seattle
Jason Neary Lori E. Safer, MAI, AI-GRS
Washington Certified General Real Estate Washington Certified General Real Estate
Appraiser #22006051 Appraiser #1100546
Telephone: 206-436-1176 Telephone: 206.436.1177
Email: jneary@irr.com Email: lesafer@irr.com
Packet Pg. 120
2.7.b
Table of Contents
Executive Summary
1
Certification 57
Identification of the Appraisal Problem
3
Assumptions and Limiting Conditions 59
Subject Description
3
Addenda
Sale History
3
A. Appraiser Qualifications
Pending Transactions
3
B. IRR Quality Assurance Survey
Appraisal Purpose
4
C. Definitions
Value Type Definitions
4
D. Comparable Data
Property Rights Definitions
4
E. Preliminary Title Report
Client and Intended User(s)
5
Intended Use
5
Applicable Requirements
5
Report Format
5
Prior Services
5
Appraiser Competency 5
Scope of Work 6
Economic Analysis
8
Seattle MSA Area Analysis
8
Surrounding Area Analysis
17
Regional Housing Market Trends
21
Property Analysis
25
Land Description and Analysis
25
Improvements Description and Analysis
37
Real Estate Taxes
42
Highest and Best Use
43
Valuation
45
Valuation Methodology
45
Land Valuation
46
Analysis and Adjustment of Sales
49
Property Adjustments
52
Land Value Conclusion
55
Reconciliation and Conclusion of Value
56
Final Opinion of Value
56
Exposure Time
56
Jnati Investments Property irr
Packet Pg. 121
2.7.b
Executive Summary 1
Executive Summary
Property Name Jnati Investments Property
Address 7317 Lake Ballinger Way
Edmonds, Snohomish County, Washington 98026
Property Type Single -Family Residential - Single Family Residence
Owner of Record Jnati Investment, LLC
Tax ID 00488800702700
Land Area 0.55 acres; 23,958 SF
Waterfront Feet 90 Feet
Zoning Designation RSW-12, Waterfront Single -Family
Highest and Best Use Single-family residential development
Exposure Time 3-6 months
Effective Date of the Appraisal August 3, 2023
Date of the Report March 12, 2024
Property Interest Appraised Fee Simple
Sales Comparison Approach
Number of Sales 5
Range of Sale Dates Jan 18 to Jul 23
Range of Prices per Property (Unadjusted) $306,700 - $699,000
Market Value Conclusion $520,000 ($21.70/SF); ($5,777/WF)
The values reported above are subject to the definitions, assumptions, and limiting conditions set forth in the accompanying report of which this
summary is a part. No party other than City of Edmonds may use or rely on the information, opinions, and conclusions contained in the report. It is
assumed that the users of the report have read the entire report, including all of the definitions, assumptions, and limiting conditions contained
therein.
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an
assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if
found to be false, could alter the appraiser's opinions or conclusions.
1. None
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition,
directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective
date of the assignment results, but is used for the purpose of analysis.
1. None
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
Jnati Investments Property irr
Packet Pg. 122
2.7.b
Executive Summary
Strengths and Weaknesses
The analyses presented in this report consider the internal strengths and weaknesses of the subject
property. The overall valuation influences are summarized in the following table:
Valuation Influences
Strengths
• Approximately 90 feet of water frontage along Lake Ballinger.
• Can be developed with a single-family residence.
Weaknesses
• Very steep access from Lake Ballinger Way.
• Accessible only by Lake Ballinger Way which has high traffic counts (44,000 annual traffic in 2022).
• High traffic noise.
• Designated wetlands along the waterfront prohibit any development along the shore (dock, boathouse, etc.).
• Residential development is restricted to the existing 2,413 square foot building pad.
• Existing improvements are hazardous and not habitable.
• Site has historical flooding issues and is located within a FEMA 100-year flood hazard area.
Jnati Investments Property
2
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2.7.b
Identification of the Appraisal Problem
Identification of the Appraisal Problem
Subject Description
The subject is an existing one-story single-family residence containing 2,413 square feet with an 840
square foot detached garage which were built in 1944. The house is not habitable, was stripped down
to the studs and foundation, and was boarded up as of the effective date. The garage is being used as
storage space and has not been stripped down but is in poor condition with signs of debris and falling
insulation throughout. Access to the property is via two steep dirt driveways directly off Lake Ballinger
Way (NE 205th Street) which is a busy, primary thoroughfare in the area. The property has
approximately 90 feet of lake frontage along Lake Ballinger with views of the lake and an access dock.
The dock could not be observed during the inspection and its condition is unknown, but it was
reported to be in unusable condition. The site is overgrown and access to much of the northern
portion of the subject site was unavailable during our inspection. The site has a history of flooding
and there is evidence of vagrant activity both in the interior of the home and garage. The property
has been vacant for approximately 10 years. A legal description of the property is provided in the
addenda.
Property Identification
Property Name
Jnati Investments Property
Address
7317 Lake Ballinger Way
Edmonds, Washington 98026
Tax ID
00488800702700
Owner of Record
Jnati Investment, LLC
Sale History
The most recent closed sale of the subject is summarized as follows:
Sale Date
June 13, 2017
Seller
Le Phong
Buyer
Jnati Investment, LLC
Sale Price
$425,000
Recording Instrument Number
E086322
No known sales or transfers of ownership have taken place within a three-year period prior to the
effective appraisal date.
Pending Transactions
To our knowledge, the property is not subject to an agreement of sale or an option to buy, nor is it
listed for sale, as of the effective appraisal date. Per MLS #1382857, the property was last listed in
Jnati Investments Property
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2.7.b
Identification of the Appraisal Problem
November 2018 for $550,000 or $22.96 per square foot. The structure was advertised as a tear down
in this listing which expired after 359 days on market.
Appraisal Purpose
The purpose of the appraisal is to develop the following opinion(s) of value:
The market value of the fee simple interest in the subject property as of the effective date of
the appraisal, August 3, 2023
The date of the report is March 12, 2024. The appraisal is valid only as of the stated effective date or
dates.
Value Type Definitions
The definitions of the value types applicable to this assignment are summarized below.
Market Value
4
The most probable price which a property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and
assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of
a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated;
2. Both parties are well informed or well advised, and acting in what they consider their own
best interests;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.1
Property Rights Definitions
The property rights appraised which are applicable to this assignment are defined as follows.
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power, and escheat.z
1 Code of Federal Regulations, Title 12, Chapter I, Part 34.42[h]; also Interagency Appraisal and Evaluation
Guidelines, Federal Register, 75 FIR 77449, December 10, 2010, page 77472
Z Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022)
Jnati Investments Property
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2.7.b
Identification of the Appraisal Problem
Client and Intended User(s)
The client and intended user is City of Edmonds. No other party or parties may use or rely on the
information, opinions, and conclusions contained in this report.
Intended Use
The intended use of the appraisal is for property acquisition purposes. The appraisal is not intended
for any other use.
Applicable Requirements
This appraisal report conforms to the following requirements and regulations:
• Uniform Standards of Professional Appraisal Practice (USPAP);
• Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute;
• Applicable state appraisal regulations.
Report Format
Standards Rule 2-2 (Content of a Real Property Appraisal Report) contained in the Uniform Standards
of Professional Appraisal Practice (USPAP) requires each written real property appraisal report to be
prepared as either an Appraisal Report or a Restricted Appraisal Report. This report is prepared as an
Appraisal Report as defined by USPAP under Standards Rule 2-2(a), and incorporates practical
explanation of the data, reasoning, and analysis used to develop the opinion of value.
Prior Services
USPAP requires appraisers to disclose to the client any other services they have provided in
connection with the subject property in the prior three years, including valuation, consulting, property
management, brokerage, or any other services. We have performed no services, as an appraiser or in
any other capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding the agreement to perform this assignment.
Appraiser Competency
No steps were necessary to meet the competency provisions established under USPAP. The
assignment participants have appraised several properties similar to the subject in physical, locational,
and economic characteristics, and are familiar with market conditions and trends; therefore, appraiser
competency provisions are satisfied for this assignment. Appraiser qualifications and state credentials
are included in the addenda of this report.
Jnati Investments Property irr
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2.7.b
Scope of Work
Scope of Work
Introduction
The appraisal development and reporting processes require gathering and analyzing information
about the assignment elements necessary to properly identify the appraisal problem. The scope of
work decision includes the research and analyses necessary to develop credible assignment results,
given the intended use of the appraisal. Sufficient information includes disclosure of research and
analyses performed and might also include disclosure of research and analyses not performed.
M
To determine the appropriate scope of work for the assignment, the intended use of the appraisal, the
needs of the user, the complexity of the property, and other pertinent factors were considered. The
concluded scope of work is described below.
Research and Analysis
The type and extent of the research and analysis conducted are detailed in individual sections of the
report. The steps taken to verify comparable data are disclosed in the addenda of this report.
Although effort has been made to confirm the arms -length nature of each sale with a party to the
transaction, it is sometimes necessary to rely on secondary verification from sources deemed reliable
Subject Property Data Sources
The legal and physical features of the subject property, including size of the site and improvements,
flood plain data, seismic zone designation, property zoning, existing easements and encumbrances,
access and exposure, and condition of the improvements (as applicable) were confirmed and
analyzed.
Contacts
In addition to public records and other sources cited in this appraisal, information pertaining to the
subject was obtained from the following party: Russell Lynch, Associate Engineer, City of Edmonds.
Inspection
Details regarding the property inspection conducted as part of this appraisal assignment are
summarized as follows:
Property Inspection
Party Inspection Type Inspection Date Inspection Details
Jason Neary On -site August 3, 2023 IRR Seattle
Lori E. Safer, MAI, AI-GRS On -site August 3, 2023 IRR Seattle
Russell Lynch On -site August 3, 2023 City of Edmonds
Jnati Investments Property
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2.7.b
Scope of Work 7
Valuation Methodology
Three approaches to value are typically considered when developing a market value opinion for real
property. These are the cost approach, the sales comparison approach, and the income capitalization
approach. Use of the approaches in this assignment is summarized as follows:
Approaches to Value
Approach Applicability to Subject Use in Assignment
Cost Approach Not Applicable Not Utilized
Sales Comparison Approach Applicable Utilized
Income Capitalization Approach Not Applicable Not Utilized
The sales comparison approach is the most reliable valuation method for the subject due to the
following:
There is an active market for similar properties, and sufficient sales data is available for
analysis.
• This approach directly considers the prices of alternative properties having similar utility.
• This approach is typically most relevant for owner -user properties.
The cost approach is not applicable to the assignment because:
• The age of the property would limit the reliability of an accrued depreciation estimate.
This approach is not typically used by market participants, except for new (or proposed) or
nearly new properties.
The income capitalization approach is not applicable to the assignment considering the following:
• There is not an active rental market for similar properties that would permit us to develop a
reliable estimate of the property's income generating potential.
• This approach does not reflect the primary analysis undertaken by a typical purchaser.
• Similar properties are typically owner -occupied, decreasing the reliability of this approach
Jnati Investments Property
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2.7.b
Seattle MSA Area Analysis
Economic Analysis
Seattle MSA Area Analysis
The Seattle -Tacoma -Bellevue Metropolitan Statistical Area (hereafter called the Seattle MSA) lies in
the northwest corner of the continental United States on Puget Sound, a saltwater arm of the Pacific
Ocean 110 miles to the west. Situated in western Washington, the Seattle MSA is 5,872 square miles
in size and is the 151h most populous metropolitan area in the nation. The Seattle MSA, as defined by
the U.S. Office of Management and Budget, comprises King, Pierce and Snohomish Counties and has
the largest concentration of population north of San Francisco and west of Chicago.
Victoria
0
Everett
0
Olympic
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Olympic
National Forest
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Olymopia
COLVILLE
RESERVATIO
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Wenatchee
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Map data C2019 Google
Seattle is the economic and cultural capital of the northwestern United States. With a number of
major corporations headquartered in or near the city, Seattle is also the leading financial center of the
Pacific Northwest. Both Seattle and Tacoma possess modern ports on excellent deep -water harbors
and as a result, the Seattle MSA has good transportation connections to the outside world. The growth
of the Pacific Northwest helped propel Seattle to its current stature and the economic expansion of
the Pacific Rim is expected to sustain the Seattle MSA's growth well into the future.
Population
The Seattle MSA has an estimated 2023 population of 4,090,711, which represents an average annual
0.6% increase over the 2020 census of 4,018,762. The Seattle MSA added an average of 23,983
residents per year over the 2020-2023 period, but its annual growth rate lagged the State of
Washington rate of 0.7%.
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2.7.b
Seattle MSA Area Analysis 9
Looking forward, the Seattle MSA's population is projected to increase at a 0.8% annual rate from
2023-2028, equivalent to the addition of an average of 32,722 residents per year. The Seattle MSA's
growth rate is expected to lag that of Washington, which is projected to be 0.9%.
Population Trends
Population Compound Ann. %Chng
2020 Census 2023 Estimate 2028 Projection 2020 - 2023 2023 - 2028
Seattle MSA 4,018,762 4,090,711 4,254,322 0.6% 0.8%
King County 2,269,675 2,299,856 2,378,225 0.4% 0.7%
Snohomish County 827,957 849,977 893,306 0.9% 1.0%
Pierce County 921,130 940,878 982,791 0.7% 0.9%
Washington 7,705,281 7,863,719 8,204,278 0.7% 0.9%
Source: Claritas
Employment
Total employment in the Seattle MSA was estimated at 2,144,700 jobs at year-end 2022. Between
year-end 2012 and 2022, employment rose by 381,400 jobs, equivalent to a 21.6% increase over the
entire period. There were gains in employment in nine out of the past ten years. Consistent with
national trends, there were significant losses in 2020, with the onset of the COVID-19 pandemic,
followed by a return to positive growth in 2021. The Seattle MSA's rate of employment growth over
the last decade surpassed that of Washington, which experienced an increase in employment of 21.3%
or 630,100 jobs over this period.
A comparison of unemployment rates is another way of gauging an area's economic health. Over the
past decade, the Seattle MSA unemployment rate has been consistently lower than that of
Washington, with an average unemployment rate of 4.9% in comparison to a 5.6% rate for
Washington. A lower unemployment rate is a positive indicator.
Recent data shows that the Seattle MSA unemployment rate is 3.0% in comparison to a 3.5% rate for
Washington, a positive sign for the Seattle MSA economy but one that must be tempered by the fact
that the Seattle MSA has underperformed Washington in the rate of job growth over the past two
years.
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2.7.b
Seattle MSA Area Analysis
Employment Trends
Total Employment (Year End) Unemployment Rate (Ann. Avg.)
Year Seattle MSA Change Washington Change Seattle MSA Washington
2012
1,763,300
2013
1,813,700
2014
1,866,900
2015
1,921,800
2016
1,982,400
2017
2,026,300
2018
2,069,000
2019
2,123,000
2020
1,963,200
2021
2,075,800
2022
2,144,700
Overall Change 2012-2022
381,400
Avg Unemp. Rate 2012-2022
Unemployment Rate -April 2023
2.9%
2.9%
2.9%
3.2%
2.2%
2.1%
2.6%
-7.5%
5.7%
3.3%
21.6%
2,954,500
3,023,600
3,106,600
3,188,700
3,286,800
3,361,600
3,433,700
3,508,300
3,264,800
3,469,900
3,584,600
630,100
2.3%
2.7%
2.6%
3.1%
2.3%
2.1%
2.2%
-6.9%
6.3%
3.3%
21.3%
7.0%
5.3%
5.1%
4.6%
4.3%
4.0%
3.7%
3.3%
8.3%
4.7%
3.4%
4.9%
3.0 %
7.6%
6.7%
5.9%
5.4%
5.2%
4.7%
4.4%
4.3%
8.4%
5.2%
4.2%
5.6%
3.5%
10
Source: U.S. Bureau of Labor Statistics and Moody's Anal ytics. Employment figures are from the Current Employment Survey (CES). Unemployment rates are from
the Current Pop uI ation Survey (CPS). The figures are not seasonal I adjusted.
Employment Sectors
The composition of the Seattle MSA job market is depicted in the following chart, along with that of
Washington. Total employment for both areas is broken down by major employment sector, and the
sectors are ranked from largest to smallest based on the percentage of Seattle MSA jobs in each
category.
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Seattle MSA Area Analysis
Employment Sectors - 2022
0% 5% 10% 15% 20%
Professional and Business Services
Trade; Transportation; and Utilities
Education and Health Services
Government
Leisure and Hospitality
Manufacturing
Information
Mining & Construction
Financial Activities
Other Services
■ Seattle MSA ■ Washington
Source: U.S. Bureau of Labor Statistics and Moody's Analytics
The Seattle MSA has greater concentrations than Washington in the following employment sectors
11
1. Professional and Business Services, representing 18.7% of Seattle MSA payroll employment
compared to 15.5% for Washington as a whole. This sector includes legal, accounting, and
engineering firms, as well as management of holding companies.
2. Manufacturing, representing 7.6% of Seattle MSA payroll employment compared to 7.5% for
Washington as a whole. This sector includes all establishments engaged in the manufacturing
of durable and nondurable goods.
3. Information, representing 6.7% of Seattle MSA payroll employment compared to 4.8% for
Washington as a whole. Publishing, broadcasting, data processing, telecommunications, and
software publishing are included in this sector.
4. Financial Activities, representing 4.8% of Seattle MSA payroll employment compared to 4.6%
for Washington as a whole. Banking, insurance, and investment firms are included in this sector,
as are real estate owners, managers, and brokers.
The Seattle MSA is underrepresented in the following sectors:
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Seattle MSA Area Analysis 12
1. Trade; Transportation; and Utilities, representing 17.2% of Seattle MSA payroll employment
compared to 17.5% for Washington as a whole. This sector includes jobs in retail trade,
wholesale trade, trucking, warehousing, and electric, gas, and water utilities.
2. Education and Health Services, representing 13.8% of Seattle MSA payroll employment
compared to 14.7% for Washington as a whole. This sector includes employment in public and
private schools, colleges, hospitals, and social service agencies.
3. Government, representing 12.5% of Seattle MSA payroll employment compared to 16.1% for
Washington as a whole. This sector includes employment in local, state, and federal
government agencies.
4. Leisure and Hospitality, representing 8.9% of Seattle MSA payroll employment compared to
9.3% for Washington as a whole. This sector includes employment in hotels, restaurants,
recreation facilities, and arts and cultural institutions.
Major Employers
Major employers in the Seattle MSA are shown in the following table.
Major Employers - Seattle MSA
Name
Number of Employees
1 Amazon
65,000
2 Boeing
60,244
3 Joint Base Lewis-McChord*
55,000
4 Microsoft
50,402
5 Providence
31,400
6 University of Washington Seattle
26,136
7 Walmart Inc.**
23,000
8 Multicare Health System
22,000
9 Fred Meyer and QFC (Kroger Inc.) Stores***
22,000
10 Costco Wholesale Corporation
18,045
*Active duty and civilian and contract employees
**Total employment in Washington State, corporate.walmart.com/about/washington
***Total empl oyment i n Washington State, Seattle Times,
"Fred Meyer, QFC workers s truggl e i n Washington to make ends meet, n ew r epo rt
shows"(1/19/2022)
Sources: Axios Seattle, "Micosoft cuts nearly 900 Seattle -area
workers" (1/19/2023); www.aboutamazon.com; "UW Staff Demographic
Baseline Report, December 2020," http://hr.uw.edu; www.multicare.org/newsroom/multicare-facts/;
Puget Sound Book of Lists 2019 (rev.
7/30/2020); The Business Journals, www.bizjournal s.com;
home.army.mi 1/1 ewi s-mcchord/i ndex.php/a bout
Gross Domestic Product
The Seattle MSA is the ninth largest metropolitan area economy in the nation based on Gross
Domestic Product (GDP).
Economic growth, as measured by annual changes in GDP, has been considerably higher in the Seattle
MSA than Washington overall during the past decade. The Seattle MSA has grown at a 4.9% average
annual rate while Washington has grown at a 4.0% rate. The Seattle MSA continues to perform better
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Seattle MSA Area Analysis 13
than Washington. GDP for the Seattle MSA rose by 7.7% in 2021 while Washington's GDP rose by
6.7%.
The Seattle MSA has a per capita GDP of $103,156, which is 39% greater than Washington's GDP of
$74,319. This means that Seattle MSA industries and employers are adding relatively more value to
the economy than their counterparts in Washington.
Gross Domestic Product
($,000S)
($,000s)
Year
Seattle MSA
%Change Washington
%Change
2011
256,699,588
387,745,200
2012
269,458,587
5.0% 400,530,600
3.3%
2013
279,660,342
3.8% 410,873,900
2.6%
2014
291,560,585
4.3% 424,467,600
3.3%
2015
303,613,979
4.1% 441,952,100
4.1%
2016
315,433,699
3.9% 458,263,800
3.7%
2017
335,073,627
6.2% 482,007,000
5.2%
2018
361,521,592
7.9% 515,029,100
6.9%
2019
375,997,193
4.0% 533,150,400
3.5%
2020
384,268,122
2.2% 538,856,100
1.1%
2021
413,816,976
7.7% 575,129,000
6.7%
Compound % Chg (2011-2021)
4.9%
4.0%
GDP Per Capita 2021
$103,156
$74,319
Source: U.S. Bureau of Economic Analysis and Moody's
Analytics; data released December 2022.
The release of state and local GDP data has a longer
lag time than national
data. The data represents inflation -adjusted
""rea I"" GDP stated
in 2012 dollars.
Household Income
The Seattle MSA is more affluent than Washington. Median household income for the Seattle MSA is
$106,235, which is 18.8% greater than the corresponding figure for Washington.
Median Household Income - 2023
Median
Seattle MSA
$106,235
Washington
$89,445
Comparison of Seattle MSA to Washington
+ 18.8%
Source: Claritas
The following chart shows the distribution of households across twelve income levels. The Seattle
MSA has a greater concentration of households in the higher income levels than Washington.
Specifically, 65% of Seattle MSA households are at the $75,000 or greater levels in household income
as compared to 58% of Washington households. A lesser concentration of households is apparent in
the middle income levels, as 21% of Seattle MSA households are between the $35,000 - $75,000 levels
in household income versus 25% of Washington households.
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Seattle MSA Area Analysis
Household Income Distribution - 2023
$500,000 and more
$250,000 - 499,999
$200,000 - $249,999
$150,000 - $199,999
$125,000 - $149,999
$100,000 - $124,999
$75,000 - $99,999
$50,000 - $74,999
$35,000 - $49,999
$25,000 - $34,999
$15,000 - $24,999
Less than $15,000
0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 16.0% 18.0%
■ Seattle MSA ■ Washington
Source: Claritas
Education and Age
14
Residents of the Seattle MSA have a higher level of educational attainment than those of Washington.
An estimated 44% of Seattle MSA residents are college graduates with four-year degrees, versus 37%
of Washington residents. People in the Seattle MSA are slightly younger than their Washington
counterparts. The median age for the Seattle MSA is 38 years, while the median age for Washington is
39 years.
Education & Age - 2023
Percent College Graduate
80%
70%
60%
50%
40%
30%
20%
10%
Seattle MSA Washington
Source: Claritas
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50
45
40
35
30
25
20
15
10
Median Age
Seattle MSA Washington
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Seattle MSA Area Analysis
Conclusion
15
The Seattle MSA economy will benefit from a growing population base and higher income and
education levels. The Seattle MSA experienced growth in the number of jobs and has maintained a
consistently lower unemployment rate than Washington over the past decade. Moreover, the Seattle
MSA exhibits both a higher rate of GDP growth and a higher level of GDP per capita than Washington
overall. It is anticipated that the Seattle MSA economy will improve and employment will grow,
strengthening the demand for real estate.
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Seattle MSA Area Analysis
Area Map
Port Townsend
Agnew
Camano Arlington
Marysville
Everett
Mukilteo
Puget
Sound '0 Monroe
Edmonds Lynnwood
Richmond 'Shoreline
:Highlands
Olympic
riationai Kirkland Redmond
Forest SiIV
A Seattle Sammamish
Bremerton Mercer'O
Island Issaquah
Shorewood '9
Renton North Bend
Burien 75
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Surrounding Area Analysis 17
Surrounding Area Analysis
The subject is located in the Lake Ballinger area of the City of Edmonds. This area is located between
Interstate 5 to the east and Aurora Avenue N (Highway 99) to the west. Adjacent communities include
Lynnwood to the north, Mountlake Terrace to the east, Shoreline to the south, and Richmond Beach
to the west. Area boundaries and delineation are indicated in the following table. A map identifying
the location of the property follows this section.
Boundaries & Delineation
Boundaries
Market Area City of Edmonds
Submarket Lake Ballinger
Area Type Urban
Delineation
North 220th St. SW
South NE 205th St
East Interstate 5
West Highway 99
Access and Linkages
Primary access and linkages to the subject area, including highways, roadways, public transit, traffic
counts, and airports, are summarized in the following table.
Access & Linkages
Vehicular Access
Major Highways Interstate 5 & Highway 99
Primary Corridors Interstate 5 & Highway 99
Vehicular Access Rating Average
Public Transit
Providers Community Transit
Nearest Stop/Station N 205th St. & 1st Ave NE
Transit Access Rating Average
Airport(s)
Name Seatac
Distance 25 Miles South
Driving Time 1 hour
Primary Transportation Mode Automobile
The subject benefits from having lake views and access but is also located adjacent to a busy road with
high traffic noise, which is a negative factor for residential use. Overall site use is average. The
subject is proximate to numerous commercial services along Highway 99 and N 2051h St., and given the
subject's proximity to Interstate 5, access to areas along the 1-5 corridor is good. Overall vehicular
access to the site is average.
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Surrounding Area Analysis 18
Demand Generators
The typical generators of demand affecting the subject property and its market are discussed and
analyzed below.
Employment and Employment Centers
Major employers include Primera Blue Cross, the City of Mountlake Terrace, the Edmonds School
District, and Boeing. The area also is proximate to the downtown Seattle business hub which is
approximately a 30-minute commute depending on traffic levels. Access to employment centers in
other submarkets is a major demand driver.
Nearby Retail Uses
The nearest shopping facilities serving the area are along Aurora Avenue North (Highway 99) which is
approximately one mile west of the subject. An array of both nationally branded and locally owned
businesses are located along this corridor. Approximately one mile southwest of the subject property
is a shopping center that includes Costco, The Home Depot, Petco, and UW Medicine Primary Care at
Shoreline. Additionally, the Ballinger Village shopping center is located approximately one mile east of
the subject, just east of 1-5 in Mountlake Terrace. This shopping center features a Regal Cinebarre
theater as well as nationally branded and locally owned restaurants and retail services. Overall
proximity to retail services is good.
Demographics
A demographic profile of the surrounding area, including population, households, and income data, is
presented in the following table.
Surrounding Area Demographics
98026 (Edmonds, Snohomish
2023 Estimates
1-Mile Radius
3-Mile Radius
5-Mile Radius
WA)
County
Washington
Population 2020
16,248
136,556
290,034
38,490
827,957
7,705,281
Population 2023
16,332
138,645
293,752
38,799
849,977
7,863,719
Population 2028
16,687
143,395
302,938
39,614
893,306
8,204,278
Compound %Change 2020-2023
0.2%
0.5%
0.4%
0.3%
0.9%
0.7%
Compound %Change 2023-2028
0.4%
0.7%
0.6%
0.4%
1.0%
0.9%
Households 2020
7,051
55,194
119,371
15,268
306,828
2,974,692
Households 2023
7,059
56,104
120,778
15,359
314,081
3,029,278
Households 2028
7,189
58,152
124,553
15,654
329,410
3,157,573
Compound %Change 2020-2023
0.0%
0.5%
0.4%
0.2%
0.8%
0.6%
Compound %Change 2023-2028
0.4%
0.7%
0.6%
0.4%
1.0%
0.8%
Median Household Income 2023
$89,838
$102,286
$100,978
$108,588
$99,687
$89,445
Average Household Size
2.3
2.4
2.4
2.5
2.7
2.5
College Graduate%
42%
47%
47%
40%
33%
37%
Median Age
42
42
42
44
39
39
Owner Occupied %
51%
66%
62%
73%
68%
63%
Renter Occupied %
49%
34%
38%
27%
32%
37%
Median Owner Occupied Housing Value
$688,189
$742,518
$754,566
$729,394
$622,826
$510,382
Median Year Structure Built
1976
1970
1974
1974
1989
1983
Average Travel Time to Work in Minutes
37
35
35
36
37
31
Source: Claritas
As shown above, the current population within a 3-mile radius of the subject is 138,645, and the
average household size is 2.4. Population in the area has grown since the 2020 census, and this trend
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Surrounding Area Analysis 19
is projected to continue over the next five years. Compared to Snohomish County overall, the
population within a 3-mile radius is projected to grow at a slower rate.
Median household income is $102,286, which is higher than the household income for Snohomish
County. Residents within a 3-mile radius have a considerably higher level of educational attainment
than those of Snohomish County, while median owner -occupied home values are considerably higher
These demographic factors combined with the employment base discussed previously provide the
basis of demand for residential housing in this area.
Land Use
Predominant land uses in the immediate vicinity of the subject include a mix of multifamily and single-
family residential uses. Land use characteristics of the area are summarized below.
Immediate Surroundings
North Lake Ballinger
South Multifamily Residential
East Single-family Residential
West Single-family Residential
Outlook and Conclusions
The area is in the stable stage of its life cycle. The economic outlook of the area is tied to Snohomish
County and the Seattle MSA overall, which has seen an increase in population and a decrease in
unemployment. Given the history of the area and the growth trends, it is anticipated that property
values will increase as the economy continues to improve.
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Surrounding Area Analysis
20
Surrounding Area Map
--
-
a
Lnkn•e+r Dr
238th St SW
7 `
f a
t
240th St SW
C
Lake Ballinger
n
Nile ?
79t Q 241st St
SW
Shrine
Golf Club
,= 242nd St SW a i
I
Q1 r •p
is fy,,, f
Firdale ��ds
Village
�dy
z N-205th St- - N 205th St - -
Lake Ballinger -Way
- - - - - - - - - 244th St SW_
_ .244ty` t
104
Center
�
PyeN
N 203rd St
aH
Z
Q N 201st St
a,
o N 200th St _ a
b
Z
Z Holyrood Catholic v
:3 Q'
o
> Cemetery z
Q N 199th St
Z
Q
ZN148th5[01
s
Z d Z
NE 198th 5
Mlcrosoh r > a i
N 1yt;ih P1
airttj .: Q v c
4D,,20i4 Mscrosoh Q6 2J24 TomTomr
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Regional Housing Market Trends 21
Regional Housing Market Trends
Pre COVID-19, the five -county Puget Sound region (King, Snohomish, Pierce, Kitsap and Thurston
counties) was one of the hottest single-family markets in the country and the Seattle market itself
consistently ranked among the country's top markets. The following section tracks data from mid-
2005 through June 2023.
Sales Volume —All Homes
One of the most basic indicators of market conditions is change in the volume of home sales, which is
summarized in the following graph.
Change in the Volume of Home Sales*
3,000
Change in sales vs. same month one year earlier -Trend line
I
Z O - 1 -1,000
u E
-2,000
-3,000
o'
a;o�a;o�a;o�a o�a;o�a;o�a o�a;o�a;o�a ova o�a;o�a o�a;o�a;o�¢ o�a;o�a;o�a
Over -the -year change in the number of homes sold per month in the Puget Sound region
Source: Northwest Multiple Listing Service
The last twelve months saw a decrease in sales volume year over year for every month of the
preceding twelve months which is a continuation of the sales volume trend from the prior year. March
2022 saw the only increase at 1.4% and May 2022 say an increase of 3.0%. The largest decreases
occurred in the 4t" Quarter of 2022, due to rising interest rates, however the 2nd Quarter of 2023 also
saw substantial decreases. The last time the area experienced this large a decrease was in the great
recession between 2006 and 2009.
Days on Market — New Homes
The following graph illustrates the time that new houses sit on the market before they are sold, as
measured in median days on the market (DOM). To eliminate seasonal variation, we analyze the over -
the -year change in median DOM for each month between April 2005 and June 2023; as can be seen in
the following graph.
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Regional Housing Market Trends 22
Time on Market* Trend for New Homes
40
20
III i Ill
0
S
-20
S
Change in days on market vs. same month one year earlier Trend line
cti.a �.�ni�..n.11 mm ����� mw�mmm o 000ry NN Nry N N N rvN
00000000000000000000000�����������
a;o °¢;o �¢;o °a;o °¢;o¢;o °a;o �¢;o;¢;o °a;o
* Change in median days on market vs. same month one year earlier
Source: Northwest Multiple Listing Service
Between June 2022 and June 2023, median days on market for new construction increased from 6
days in June 2022 to 18 days in June 2023. Days on market has been steadily increasing since
September 2022, hitting a high of 31 days in January 2023. The first quarter of 2023 has since seen the
most days on market since 2019. When all homes are analyzed, the trend is similar, 40 days in January
2023. However, for all homes, the days on market has dropped back down to 6 during the 2"d Quarter
of 2023, an indication of pent-up demand.
New Home Price Trends
After 15 years of fairly steady increases, the median new home price in the Puget Sound region began
falling in 2008, mirroring a trend that began nationwide more than two years previously. After the
recession, new home prices have steadily increased with a slowdown during the Pandemic, as can be
seen in the following graph.
New Home Price Trends in the Puget Sound Region*
$1,000 25%
$900 20
$800 01.1 15%
AA
$700 MI, 4 0%
$600
A lip
a.� 5% m
0% r
P $400
$..
a` -5% a1pi
m w
ry Median sale price ($000) y
$100 ..... .... ..... ....... Over the change 15% o'
Over -the -year a g
$0 -20
�00000000000000000000000000�����������������������������wwwo,m�moHooNNNHNNNNNN
a o;a o;a o;a';o;a�^o;a o;a°';o;a';o;a';o;a o;a o;a;o;a';o;a°';o;a o;a o;a;o;a';0-1, 0;a'
* For all new detached single-family homes sold, by month, in the Puget Sound region
Source: Northwest Multiple Listing Service
Over the past 12 months, the median list price of new homes fell by $95,000 (-11.9%) from $794,990
to $699,990, due to the rise in interest rates. The median sale price of new homes fell by $98,557 (-
12.3%) from $799,950 to $701,393. When all homes are considered, the median list price of $699,000
is effectively the same as 12 months ago ($700,000), but the median sale price of $705,000 is 2.8%
lower than June 2022.
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Regional Housing Market Trends 23
Sale Price vs. Listing Price
A final indicator of the strength of the housing market is the ratio of sale price to listing price, which
can be seen in the following graph.
New Home Sale Price:List Price Ratio*
104%
103
102%
101
100% ............
a
98% ._.. _......_......... _. _.......,
97% 6
rSale priceas a%oflist price
95% Linear (Sale price as a%of list price)
v 94%
oL o�¢ o,a;o,a;o;a- o,a;o,a;o,a;o,a ova
" Median sale price divided by median list price for all new homes sold
Source: Northwest Multiple Listing Service
The ratio has generally improved since the beginning of 2009. In the past twelve months, the ratio has
fluctuated between a low of 98.24% (January 2023) to a high of 101.18% (July 2022); effectively,
homes are selling at just about list price, although the trend for new homes is just below the list price.
As of the June 2023, the ratio stands at 100.20%. The ratio has consistently been at about 100% for
the last 12 months, indicating a continuation of a strong seller's market, although it has fallen below
100% for the past seven out of the last twelve months. When analyzing all homes in the market, the
ratio reflects the new home market, currently standing at 100.86% in June 2023, down from 103.57%
from a year ago.
Supply and Demand
The following table and graph show the balance of supply and demand for new homes by price range
in the five -county Puget Sound region at the end of June 2023, broken down by price point.
Supply of vs. Demand for New Homes by Price Point
600
400
v
E
0
200
0
m rn
m �
0
v. o0
Price Range ($000)
o Homes Availab
0 Homes Sold**
-Months Supply
on m rn rn on m on or, n
m m a m m m m or, o
r� m v rn io n w m o
6111 o o'. 03
0 0 0 0o0
N V V n M tP
,n
**All homes sold in the 6 months between 01/01/2023 - 06/30/2023
* Homes available or sales pending as of June 30 2023
Source: Northwest Multiple Listing Service
12
10
8
6 a
4
r
2 0
5
0
irr
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Regional Housing Market Trends
24
Typically, the single-family market is considered to be in balance if it has a six-month supply of homes.
In the current six-month period (January 2023 through June 2023) there were no sales of new homes
in the under $199,999 category and only one home in the $200,000 to $299,999 category. Twelve
homes sold in the $300,000 to $399,999 category. There is a shortage of homes in all categories, with
the largest supply (four months) in the $700,000 to $799,999 category. When all homes are
considered, the market is much tighter, with a shortage of homes in all categories except for homes
priced above $5,000,000.
Housing Market Outlook
The Washington State Economic and Revenue Update for June 2023 reports the following:
• The economy continues to recover, although high inflation threatens to slow economic growth
• The Washington economy continued to expand through the end of 2022.
• Washington employment growth in March through May was more than expected.
• The Washington unemployment rate declined to 4.1% in May 2023.
• Washington housing construction declined throughout 2022 but spiked early in 2023.
• Seattle consumer price inflation outpaced the national average in the year ending June 2023.
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Land Description and Analysis 25
Property Analysis
Land Description and Analysis
Location
The property is located on the south shore of Lake Ballinger with approximately 145 feet of frontage
along Lake Ballinger Way, a primary thoroughfare in the area. The property also has approximately 90
feet of water frontage along Lake Ballinger. The subject property is approximately 0.50 mile west of
the intersection of Interstate 5 and Lake Ballinger Way, and approximately 0.70 miles east of the
intersection of Aurora Avenue North (Highway 99) and Lake Ballinger Way.
Land Area
The following table summarizes the subject's land area.
Land Area Summary
Tax ID SF Acres
00488800702700 23,958 0.55
Shape and Dimensions
The site is trapezoidal in shape, with dimensions of approximately 145 feet in width and 165 feet in
depth. The site narrows from the south boundary to the north boundary with a width of 145 feet
along Lake Ballinger Way and 90 feet of frontage along Lake Ballinger. Site utility based on shape and
dimensions is average.
Topography
The site is steep at the southern boundary of the site where the property has frontage with Lake
Ballinger Way, but levels out approximately 45 feet north of the southern boundary. Based on a
review of a topological survey dated 07/11/2023, the site descends 8 feet from the two entry
driveways that are level with Lake Ballinger Way to the existing homestead. After this descent, the
property is generally level with only a slight downward slope toward the shore of Lake Ballinger. The
topography does provide challenges entering and leaving the site as the steep driveway connects to
busy Lake Ballinger Way and visibility is difficult on such a steep slant.
Drainage
No particular drainage problems were observed or disclosed at the time of field inspection although
we are aware of past flooding at the subject site during heavy storms, especially near the shoreline.
This appraisal assumes that surface water collection, both on -site and in public streets adjacent to the
subject, is adequate.
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Land Description and Analysis 26
Flood Hazard Status
The following table indicates applicable flood hazard information for the subject property, as
determined by review of available flood maps obtained from the Federal Emergency Management
Agency (FEMA).
Flood Hazard Status
Community Panel Number 53061C1315F
Date June 19, 2020
Zone A
Description Within 100-yearfloodplain
Insurance Required? Yes
The subject is located within a FEMA special flood hazard area subject to inundation by the 100-year
flood. We are aware of past flooding at the subject site, the most recent to have occurred around
2008 based on conversations with our client. Mandatory flood insurance purchase requirements will
be required. Additionally, the ground floor of any structure on the subject site would need to consist
of non -habitable area such as storage with living area above that space.
It is likely, given the base flood elevation, that the current foundation level could serve as an open
ground floor for use as non -habitable space such as storage with living quarters situated on what
today would be a second floor.
Wetland Delineation
A wetland analysis was performed at the subject site by Raedeke Associates, Inc. on 06/28/2023.
According to this analysis, one wetland was identified as Wetland 1. Per a summary provided by
Raedeke Associates, Inc., the Wetland 1 area would require a minimal development restriction buffer
of 165 feet from its boundary. This buffer basically restricts any development on the subject site as a
vacant lot as the rear lot line for the subject site is approximately 100 feet from the Wetland 1
designated area. We provide a copy of the Wetland Sketch Map in the upcoming exhibits.
Environmental Hazards
A Phase I environmental report was prepared for the subject by Landau Associates, dated 04/13/2023
The key findings of the report indicate the subject has had a history of flooding with public records
indicating the earliest from 1970 and the most recent from 2008, demolition activity for the structure
took place in 2017, an aboveground storage tank was removed from the property in 2017, and debris,
some of which would be considered suspect asbestos -containing, was present throughout the site.
These key findings aside, the assessment revealed no recognized environmental conditions (RECs),
controlled recognized environmental conditions (cRECs), or significant data gaps in connection with
the subject property. Based on these findings, no mitigation is warranted.
Hazardous Building Materials
A hazardous building material survey was prepared for the subject by Landau Associates, dated
04/13/2023. Landau Associates performed a survey for asbestos -containing materials (ACM), lead -
containing paint (LCP), polychlorinated -biphenyl (PCB), mercury -containing equipment, and mold at
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Land Description and Analysis 27
the subject property. Asbestos was detected in samples taken of red vinyl floor tile. Lead was
detected in exterior trim paint and concrete floor paint at the subject's southern entry. There was
insufficient data to collect in order to determine PCB or mercury -containing equipment
contamination, and there was no evidence of mold contamination within the house or garage
structures. We note that the house structure was stripped down to the studs at the time of the survey
and samples were taken from materials laying on the ground around the site which were assumed to
have been removed from the subject property during demolition in 2017. The report indicates
caution in moving forward with any future demolition of the structures based on the findings of the
analysis.
Ground Stability
A soils report was not provided for review. Based on the inspection of the subject and observation of
development on nearby sites, there are no apparent ground stability problems. However, soils
analyses are beyond the scope of expertise of the assignment participants. It is assumed the subject's
soil bearing capacity is sufficient to support the existing improvements.
Streets, Access and Frontage
Details pertaining to street access and frontage are provided in the following table.
Streets, Access and Frontage
Street Lake Ballinger Way
Frontage Feet
145
Paving
Asphalt
Curbs
Concrete
Sidewalks
Concrete
Lanes
2 way, 2 lanes each way
Direction of Traffic
East -west
Condition
Average
Traffic Levels
High
Signals/Traffic Control
None
Access/Curb Cuts
Driveway
Visibility
Below average
Traffic volume is very high along Lake Ballinger Way with the most recent annual counts reported at
44,000 AADT per Washington State Department of Transportation. Additionally, the subject is only
accessible via right turn into the site. The entrance drive has a very steep driveway decreasing
approximately eight feet (see topographic map) in height from Lake Ballinger Way to the building pad
Additionally, driving out of the property is difficult as visibility from the steep drive onto the busy
street is limited.
Utilities
Utilities available to the subject are summarized below.
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Land Description and Analysis 28
Utilities
Service
Provider
Water
Public
Sewer
Public
Electricity
Snohomish County PUD
Natural Gas
Puget Sound Energy
Local Phone
Various
Zoning
The subject is within the Waterfront Single -Family zone. The following table summarizes the
applicable zoning requirements affecting the subject.
Zoning Summary
Zoning Jurisdiction
City of Edmonds
Zoning Designation
RSW-12
Description
Waterfront Single -Family
Legally Conforming?
Appears to be legally nonconforming
Zoning Change Likely?
No
Permitted Uses
Single-family dwellings, church, primary school, parks, and open spaces
Category
Zoning Requirement
Minimum Lot Area
12,000 SF
Minimum Setbacks (Feet)
15 feet (front), 10 feet (side), 35 feet (rear)
Maximum Building Height
25 feet
Maximum Site Coverage
35%
Maximum Density
3.7 dwelling units per acre
Parking Requirement
2 spaces per dwelling unit
We had a discussion with Mike De Lilla, City of Edmonds Engineering Department, Leif Bjorback, City
of Edmonds Building Department, and David Levitan, City of Edmonds Planning Department about
development options for the subject property. According to the Planning Department, the existing
house structure is nonconforming for the east side setback and the north side setback. Additionally, it
was noted that the renovation permit approved for the current owner to rehab the existing structure
had a stoppage put into effect because the renovation costs exceeded the amount in the permit.
Based on our discussion, it is our understanding that the property could be developed on the existing
foundation with a reasonable use review with the Planning Department; however, this redevelopment
would not include using the existing vertical improvements. These would have to be removed for any
new construction to begin.
It appears that the current use of the site is a legally nonconforming use that pre -dates the current
zoning regulations; however, under a reasonable use review, the site could be redeveloped as a single-
family residence.
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Land Description and Analysis 29
Other Land Use Regulations
Other land use regulations that could affect the property include the City of Edmonds Shoreline
Master Program which encourages development that will enhance the present or desired character of
the shoreline. The subject shoreline is designated Shoreline Residential III which allows only single-
family detached development. No other uses are allowed under this designation.
Interpretation of zoning ordinances is beyond the scope of expertise of the assignment participants
An appropriately qualified land use attorney should be engaged if a determination of compliance is
required.
Easements, Encroachments and Restrictions
A preliminary title report/ title policy prepared by Chicago Title dated May 31, 2023, was provided.
The report identifies exceptions to title, which include various utility and access easements that are
typical for a property of this type. Such exceptions would not appear to have an adverse effect on
value. The report also identifies exceptions to shoreline use, specifically that which lies beneath the
high-water mark of Lake Ballinger to be in favor of the State of Washington. One notable exception
includes a notice of limitation and covenant adult family home which allows the use of the existing
improvements to be used as an adult daycare with an occupancy maximum of 6 residents along with
their caretakers. The covenant stays with the land so long as the present structure and use continues
Given the current structure is not habitable, and is a teardown, this covenant shall not survive.
This valuation assumes no adverse impacts from easements, encroachments or restrictions and
further assumes that the subject has clear and marketable title.
Conclusion of Site Analysis
Overall, the physical characteristics and the availability of utilities result in a functional site, suitable
for single-family development with a reasonable use review through the City of Edmonds Planning
Department. No other restrictions on development are apparent.
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Land Description and Analysis 30
Aerial Photograph
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Land Description and Analysis
Flood Hazard Map
33
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Land Description and Analysis
Wetland Delineation Map
oate:6-29-23 Wetland Sketch Map
7317 Lake Ballinger Way, Edmonds WA
Note: Wetland and UHWM Pmjer! N 2023-056-001
boundaries based on hand-held GPS units and have
not been surveyed- For planning pugxises only.
34
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Land Description and Analysis
Topographic Map
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Improvements Description and Analysis 37
Improvements Description and Analysis
The following description is based on the inspection of the property.
Improvements Description
Name of Property
Jnati Investments Property
General Property Type
Single -Family Residential
Number of Buildings
2 - garage and residence
Stories
1
Construction Class
D
Construction Type
Wood frame
Construction Quality
Low
Condition
Poor
Gross Building Area (SF)
2,413
Building Area Source
Public Records
Year Built
1944
Actual Age (Yrs.)
79
Estimated Effective Age (Yrs.)
60
Estimated Economic Life (Yrs.)
60
Remaining Economic Life (Yrs.)
0
Number of Parking Spaces
2
Parking Type
Surface
There is a 2-car garage onsite
in addition to the single-family residence. However, the garage is also in
poor condition. The garage
door was blocked by trash and debris and the interior is full of debris. The
garage is also a complete tear down. All parking is located at the rear of the residence.
Construction Details
Foundation
Concrete
Structural Frame
Wood
Exterior Walls
Wood siding
Roof
Asphalt Shingle
HVAC
None
Improvement Analysis
The subject property is improved with a single-family residence which has been stripped down to the
studs. Basic framing, subflooring, and foundation is exposed with no finishes remaining. The subject
was undergoing renovation in 2017 at which point the City of Edmonds issued a stop work order due
to permitting issues. To our knowledge no work has commenced on the property since that stoppage
was placed. The improvements are uninhabitable.
Quality and Condition
The improvements are of low quality construction and are in poor uninhabitable condition.
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Improvements Description and Analysis
38
The quality of the subject is inferior to competing properties. Maintenance is inferior to competing
properties. Overall, the market appeal of the subject is inferior to competing properties, considering it
is not habitable in its current state.
Deferred Maintenance
As discussed, the property is not habitable in its current state. A complete renovation or tear down
and rebuild is needed to cure deferred maintenance items.
Personal Property
The appraisal assignment is specifically focused on the value of the real property only. Items of
personal property are excluded from consideration.
Conclusion of Improvements Analysis
In comparison to competitive properties in the market, the subject improvements are rated as follows:
Improvements Ratings
Design and Appearance Below Average
Age/Condition Below Average
Landscaping Below Average
Because the subject is not habitable, the quality, condition, and functional utility of the improvements
are below average for their age and location. The improvements, overall, contribute no value to the
site. A developer could develop on the existing building pad as long as the habitable portion is above
the flood line. All of the existing vertical improvements are not useable.
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Improvements Description and Analysis
M
Exterior View of Subject Property
Interior View - From Phase I Report
Exterior View of Subject Property
Jnati Investments Property
Interior View of Subject Property
Interior View - From Phase I Report
Exterior View of Subject Property
39
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Improvements Description and Analysis
Exterior View of Subject Property
Garage View
Interior View of Subject Property
Jnati Investments Property
Exterior View of Subject Property
Garage Interior
Site View
40
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Improvements Description and Analysis
Water View
Site View
Dock View - From Phase I Report
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Water View
Entry Gate
41
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Real Estate Taxes
Real Estate Taxes
42
Real estate taxes in Washington State represent ad valorem taxes, meaning a tax applied in proportion
to value. The real estate taxes for an individual property are determined by dividing the assessed value
of a property by $1,000, then multiplying by the levy (tax) rate. The levy rate is composed of a
statewide tax rate plus one or more local taxing district rates. Assessors are mandated by State law to
value property at 100% of market.
Real estate taxes and assessments for the current tax year are shown in the following table.
Taxes and Assessments - 2022
Assessed Value Taxes and Assessments
Ad Valorem
Tax ID Land Improvements Total Tax Rate Taxes Past Due Taxes Total
00488800702700 $670,100 $1,400 $671,500 0.827020% $5,553 $1,869 $7,422
We note the subject is delinquent for taxes in the amount of $1,869. Fees and interest accrue daily
until paid in full. Based on our analysis of the subject property, the assessed land value is high.
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Highest and Best Use 43
Highest and Best Use
The highest and best use of a property is the reasonably probable use resulting in the highest value
and represents the use of an asset that maximizes its productivity.
Process
Before a property can be valued, an opinion of highest and best use must be developed for the subject
site, both as though vacant, and as improved or proposed. By definition, the highest and best use
must be:
• Physically possible.
• Legally permissible under the zoning regulations and other restrictions that apply to the site
• Financially feasible.
• Maximally productive, i.e., capable of producing the highest value from among the
permissible, possible, and financially feasible uses.
As Though Vacant
First, the property is evaluated as though vacant, with no improvements.
Physically Possible
Physical access to the site is very difficult with two access driveways off Lake Ballinger Way. The
access driveways are very steep and visibility into and out of the site is poor. Both driveways connect
to the street which is very busy, and it is difficult to maneuver a vehicle directly from the steep access
points onto the busy road. The steep access is a negative attribute to the site and would have a
negative impact on the overall value of the property. This could be alleviated with some engineering
and although expensive, is possible. Additionally, the site is encumbered by a wetland delineation. It
was communicated to us that due to this delineation, any development to the site would require a
reasonable use review with the City of Edmonds Planning Department to determine the effect, if any,
of site development in conjunction to the wetlands. As a legal lot, the City of Edmonds cannot restrict
development, but it can limit development options to certain areas of the site as well as limit the
overall size of any development. Additionally, the site has a history of flooding, and any habitable
development would need to be at least one floor above the current foundation level.
Legally Permissible
The site is zoned RSW-12, Waterfront Single -Family. Permitted uses include single-family dwellings,
church, primary school, parks, and open spaces. There are no apparent legal restrictions, such as
easements or deed restrictions, effectively limiting the use of the property. As discussed, any
development would need to undergo a reasonable use review with the City of Edmonds Planning
Department, but this review does not prevent development of the site, it only adds an additional step
to the development process. Additional development restrictions include the City of Edmonds
Shoreline Master Program which designates the subject shoreline as Shoreline Residential III. This
restricts development along the shoreline to only single-family residential. Thus, only single-family
residential development is given further consideration in determining highest and best use of the site,
as though vacant.
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Highest and Best Use
Financially Feasible
Based on the accompanying analysis of the market, there is currently adequate demand for single-
family residential development in the subject's area. It appears a single-family residential
development on the site would have a value commensurate with its cost. Therefore, single-family
residential development is considered to be financially feasible.
Maximally Productive
44
There does not appear to be any reasonably probable use of the site that would generate a higher
residual land value than single-family residential development. Accordingly, single-family residential
development, developed to the normal market density level permitted by zoning, is the maximally
productive use of the property.
Conclusion
Development of the site for single-family residential development is the only use which meets the four
tests of highest and best use. Therefore, it is concluded to be the highest and best use of the property
as though vacant.
As Improved
The subject site is developed with a single-family residence, which is consistent with the highest and
best use of the site as though vacant, although the structure is not habitable and has no value
contribution. Repurposing the subject property is not possible as no alternate use other than single-
family residential is allowed on the site. Expansion options are limited to the existing 2,413 square
foot foundation due to proximity to existing wetlands.
Most Probable Buyer
Taking into account the size and characteristics of the property, the likely buyer is a developer with
experience in single-family residential lot development.
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Valuation Methodology 45
Valuation
Valuation Methodology
Appraisers usually consider three approaches to estimating the market value of real property. These
are the cost approach, sales comparison approach and the income capitalization approach.
The cost approach assumes that the informed purchaser would pay no more than the cost of
producing a substitute property with the same utility. This approach is particularly applicable when
the improvements being appraised are relatively new and represent the highest and best use of the
land or when the property has unique or specialized improvements for which there is little or no sales
data from comparable properties.
The sales comparison approach assumes that an informed purchaser would pay no more for a
property than the cost of acquiring another existing property with the same utility. This approach is
especially appropriate when an active market provides sufficient reliable data. The sales comparison
approach is less reliable in an inactive market or when estimating the value of properties for which no
directly comparable sales data is available. The sales comparison approach is often relied upon for
owner -user properties.
The income capitalization approach reflects the market's perception of a relationship between a
property's potential income and its market value. This approach converts the anticipated net income
from ownership of a property into a value indication through capitalization. The primary methods are
direct capitalization and discounted cash flow analysis, with one or both methods applied, as
appropriate. This approach is widely used in appraising income -producing properties.
Reconciliation of the various indications into a conclusion of value is based on an evaluation of the
quantity and quality of available data in each approach and the applicability of each approach to the
property type.
The methodology employed in this assignment is summarized as follows:
Approaches to Value
Approach Applicability to Subject Use in Assignment
Cost Approach Not Applicable Not Utilized
Sales Comparison Approach Applicable Utilized
Income Capitalization Approach Not Applicable Not Utilized
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Land Valuation
Land Valuation
46
To develop an opinion of the subject's land value, as though vacant and available to be developed to
its highest and best use, the sales comparison approach is used. This approach develops an indication
of value by researching, verifying, and analyzing sales of similar properties. The research focused on
transactions within the following parameters:
• Location: Skagit, Snohomish, and King Counties
• Size: 15,000 SF — 30,000 SF
• Use: Single-family residential with lake frontage
• Transaction Date: 2018-present
Because the subject is a single-family residential lot with lake frontage, our search parameters weigh
heavily toward lake frontage single-family residential lots. Data for this property type with lake
frontage is limited, thus we expanded our search outward to include the Seattle metro area and
pushed our transaction time backward. We feel the sales presented are the best representations of
the subject's attributes available.
For this analysis, price per overall sale price is used as the appropriate unit of comparison because
market participants typically compare sale prices and property values on this basis.
All of the comparables have less waterfront feet than the subject. Thus, since we were unable to
bracket the subject on a price per waterfront basis, price per waterfront feet was not an appropriate
unit of comparison.
The most relevant sales are summarized in the following table:
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Land Valuation 47
Summary of Comparable Land Sales
Sale Date; Effective Sale SF; Price per
No. Name/Address Status Price Acres Waterfront Feet Price per SF Zoning
1 3502 Serene Way Land Jul-23 $520,000 11,761 $8,667 $44.21 WFB
3502 Serene Way Closed 0.27
Lynnwood
Snohomish County
Comments: This is the July 2023 sale of the land at 3502 Serene Way for $580,000. The property has 60 feet of water frontage along Lake
Serene. The property is improved with a single-family home and detached garage. The house burned down in 2019 and is considered to
contribute no value. Per the broker, the house was unsafe to enter. There is a garage/shop left that was not affected by the fire which the agent
indicated contributed approximately $30,000 to the overall sale price.
2 3902 Serene Way Land Apr-22 $525,000 15,246 $8,750 $34.44 WFB
3902 Serene Way Closed 0.35
Lynnwood
Snohomish County
Comments: This is the April 2022 sale of the land at 3902 Serene Way for $525,000. The property is improved with a single-family home that is
in poor condition and not considered to contribute any value. The listing indicates the foundation is bad, holes in the ceiling, and the property is
unsafe to enter. The property has a dock and approximately 60 feet of water frontage.
3 137th Street Lot Oct-21 $699,000 27,075 $13,980 $25.82 NR2
353 N. 137th St. Closed 0.62
Seattle
King County
Comments: Lake front lot on Bitter Lake that sold with approved architectural plans for a 2-story, 5 bedroom/3 bathroom 3,395 SF home & 3-car
garage. Additional plans were approved for a 2-story DADU. Sale also included approved site drainage report, waste & water plan, soil test, and
temporary power pole. All utilities are in the street nearby. The property has 50 feet of lake frontage. The property is close to multiple retailers
along Aurora Ave N including an L.A. Fitness, Lowes, Hobby Lobby, and Home Goods.
4 Lake Shoecraft Lot Aug-21 $590,000 21,344 $9,077 $27.64 R5
15014 W. Lake Goodwin Rd. Closed 0.49 0.00
Stanwood
Snohomish County
Comments: Residential lot with approximately 65 feet of water frontage. Sale includes a private dock in good condition. The property has septic
installed and water is available at the street. The property has frontage along Lake Shoecraft which is the smaller of the two lakes in the region
and includes Lakes Shoecraft and Goodwin. Commercial uses are approximately 5.0 miles east of the property and include Lowes, Costco, Target,
Hobby Lobby, Marshall's, and Best Buy.
5 1516 N Lake Stickney Drive Land Jan-18 $306,700 24,829 $7,668 $12.35 WFB
1516 N. Lake Stickney Dr. Closed 0.57 0.00
Lynnwood
Snohomish County
Comments: This is the January 2018 sale of the land at 1516 N Lake Stickney Drive for $327,000. There is a manufactured home on -site listed as
having a small kitchen with 2 beds and 1 bath. Assessor values the MH at $20,300. All sale info via public records and MLS. Unable to reach
broker.
Subject 23,958 90 0 RSW-12
Jnati Investments Property 0.55 0.55 0.00
Edmonds, WA
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Land Valuation
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Land Valuation
Sale 1
3502 Serene Way Land
Ow
Sale 3
137th Street Lot
Sale 5
1516 N Lake Stickney Drive Land
Jnati Investments Property
Sale 2
3902 Serene Way Land
Sale 4
Lake Shoecraft Lot
49
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Land Valuation 50
Analysis and Adjustment of Sales
Qualitative analysis recognizes the inefficiencies of real estate markets and the difficulty of expressing
adjustments with mathematical precision. Several techniques can be utilized in qualitative analysis
including:
• Relative comparison analysis;
• Ranking analysis;
• Personal interviews.
The rating of each comparable sale in relation to the subject is the basis for the adjustments. If the
comparable is superior to the subject, its sale price is rated as superior to reflect the subject's relative
attributes; if the comparable is inferior, it is rated as inferior.
Transactional adjustments are applied for property rights conveyed, financing, conditions of sale,
expenditures made immediately after purchase, and market conditions. In addition, property
adjustments include — but are not limited to — location, access/exposure, size, topography, zoning,
availability of utilities, lake frontage feet, and entitlements. Adjustments are considered for the
following factors, in the sequence shown below.
Transactional Adjustments
Adjustments Summary
The sales are compared to the subject and adjusted to account for material differences that affect
value. The following table summarizes the adjustments applied to each sale.
Improvements
This category accounts for the value contribution of site improvements. There is a single-family
residence on Sale 1 that was destroyed in a fire and per the broker was unsafe and unhabitable and
did not contribute any value to the site. There is also a shop/garage that was not affected by the fire
and conversations with the broker indicate a value contribution of approximately $30,000. We make
a $30,000 downward adjustment for improvement contribution. Sale 2 has a single-family residence
on -site; however, the property was marketed as having a bad foundation, daylight through the ceiling,
and is a complete tear -down with the home being unsalvageable. We make no adjustment for
improvement value contribution to Sale 2. Sale 3 is vacant land with no improvements and thus an
adjustment is not applicable. Sale 4 does not have any permanent structures on -site which contribute
to value and an adjustment is not applicable. Sale 5 has a 2-bedroom, 1-bathroom, manufactured
home on -site. The Snohomish County assessor attributes a contributory value of $20,300 for the
improvements. We make a $20,300 downward adjustment for improvement contribution.
Real Property Rights Conveyed
The opinion of value in this report is based on a fee simple estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power and escheat, as well
as non -detrimental easements, community facility districts, and conditions, covenants and restrictions
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Land Valuation 51
(CC&Rs). All the comparables represent fee simple estate transactions. Therefore, adjustments for
property rights are not necessary.
Financing Terms
In analyzing the comparables, it is necessary to adjust for financing terms that differ from market
terms. Typically, if the buyer retained third -party financing (other than the seller) for the purpose of
purchasing the property, a cash price is presumed and no adjustment is required. However, in
instances where the seller provides financing as a debt instrument, a premium may have been paid by
the buyer for below -market financing terms, or a discount may have been demanded by the buyer if
the financing terms were above market. The premium or discounted price must then be adjusted to a
cash equivalent basis. The comparable sales represented cash -to -seller transactions and, therefore,
do not require adjustment.
Conditions of Sale
Adverse conditions of sale can account for a significant discrepancy from the sale price actually paid,
compared to that of the market. This discrepancy in price is generally attributed to the motivations of
the buyer and the seller. Certain conditions of sale are considered non -market and may include the
following:
• a seller acting under duress (e.g., eminent domain, foreclosure);
• buyer motivation (e.g., premium paid for assemblage, certain 1031 exchanges);
• a lack of exposure to the open market;
• an unusual tax consideration;
• a sale at legal auction.
None of the comparable sales had atypical or unusual conditions of sale. Thus, adjustments are not
necessary.
Market Conditions
Real estate values normally change over time. The rate of change fluctuates due to perceptions of
market participants of prevailing market conditions. This adjustment category reflects value changes,
if any, which have occurred between the date of the sale and the effective date of the appraisal.
The sales took place from January 2018 to June 2023. Market conditions were generally increasing
between 2018 to 2020 at which point they began to level off only to increase again significantly in
early 2021. This increase lasted until mid -year 2022 at which point interest rates rose and value
increases began to taper off. Values have remained somewhat steady throughout 2023. Our market
condition adjustment accounts for the swings in the overall market over the past few years with
inferior rankings for sales older than 2020 and superior rankings for sales from early 2021 through
mid -year 2022.
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Land Valuation 52
Property Adjustments
Location
Factors considered in evaluating location include, but are not limited to, demographics, growth rates,
surrounding uses and property values.
Sales 1, 2, and 5 have similar locations to commercial services as the subject. No adjustments are
necessary. Sale 4 is located in a more rural area with less access to commercial services.
Access/Exposure
Convenience to transportation facilities, ease of site access, and overall visibility of a property can
have a direct impact on property value. High visibility, however, may not translate into higher value if
it is not accompanied by good access. In general, high visibility and convenient access, including
proximity to major linkages, are considered positive amenities when compared to properties with
inferior attributes.
The subject has steep access directly from Lake Ballinger Way. Entering and exiting the site is difficult
especially during peak traffic hours. None of the sales had similar access difficulties which are superior
traits.
Size
In residential real estate buyers will typically pay more for larger lots than smaller lots as larger lots
provide more privacy and expansion options.
Sales 3, 4 and 5 are similar to the subject. Sales 1 and 2 are smaller than the subject and are ranked
inferior.
Shape and Topography
This category accounts for the shape of the site influencing its overall utility and/or development
potential, as well as the grade of the land.
The subject has steep topography for much of the southern portion of the site which limits
development options to the site and would be difficult for construction access if the site were
developed. All of the sales are relatively level or with gentle sloping topography both of which are
superior attributes.
Zoning
This element of comparison accounts for government regulations that can affect the types and
intensities of uses allowable on a site. Moreover, this category includes considerations such as
allowable density or floor area ratio, structure height, setbacks, parking requirements, landscaping,
and other development standards. The subject has a zoning designation of RSW-12 - Waterfront
Single -Family.
All of the comparables are similar to the subject. No adjustments are necessary.
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53
Utilities
Sites with public utilities available are considered more desirable relative to properties requiring utility
extensions, or those that need a private well and/or septic system. Properties without public utilities
available typically require higher development costs, all else being equal.
All of the comparables are similar to the subject. No adjustments are necessary.
Lake Frontage
Lake frontage feet.
All of the sales have less lake frontage than the subject and are ranked inferior.
Entitlements
Entitlements consist of the specific level of governmental approvals attained pertaining to
development of a site, which can include a bonus density or conditional use permit (CUP) that allows
for uses not typically permitted under standard zoning.
Sales 1, 2, 4 and 5 are similar to the subject. Sale 3 sold with approved plans for a 2-story residence
with a 3-car garage, drainage report, waste and water plan, and soil test and is ranked superior.
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Land Valuation
Land Sales Adjustment Grid
54
Subject
Comparable 1
Comparable 2
Comparable 3
Comparable 4
Comparable 5
Name
Jnati Investments
3502 Serene Way
3902 Serene Way
137th Street Lot
Lake Shoecraft Lot
1516 N Lake
Property
Land
Land
Stickney Drive
Land
Address
7317 Lake
3502 Serene Way
3902 Serene Way
353 N. 137th St.
15014 W. Lake
1516 N. Lake
Ballinger Way
Goodwin Rd.
Stickney Dr.
City
Edmonds
Lynnwood
Lynnwood
Seattle
Stanwood
Lynnwood
County
Snohomish
Snohomish
Snohomish
King
Snohomish
Snohomish
State
Washington
WA
WA
WA
WA
WA
Sale Date
Jul-23
Apr-22
Oct-21
Aug-21
Jan-18
Sale Status
Closed
Closed
Closed
Closed
Closed
Sale Price
$580,000
$525,000
$699,000
$590,000
$327,000
Price Adjustment
-$30,000
-
-
-
-$20,300
Description of Adjustment
Improvement
MH Value per
Contribution
Assessor
Effective Sale Price
$550,000
$525,000
$699,000
$590,000
$306,700
Square Feet
23,958
11,761
15,246
27,075
21,344
24,829
Acres
0.55
0.27
0.35
0.62
0.49
0.57
Waterfront Feet
90
60
60
5o
65
40
Zoning Code
RSW-12
WFB
WFB
NR2
R5
WFB
Database ID
-
3209891
3209834
3038843
3039111
3209906
Sale Price
$550,000
$525,000
$699,000
$590,000
$306,700
Property Rights
Fee Simple
Fee Simple
Fee Simple
Fee Simple
Fee Simple
Ranking
-
-
-
-
-
Financing Terms
Cash to seller
Cash to seller
All cash
All cash
Cash to seller
Ranking
-
-
-
-
-
Conditions of Sale
Ranking
-
-
-
-
-
Market Conditions 8/3/2023
Jul-23
Apr-22
Oct-21
Aug-21
Jan-18
Ranking
-
Superior
Superior
Superior
Very Inferior
Location
-
-
-
Inferior
-
Access/Exposure
Very Superior
Very Superior
Very Superior
Very Superior
Very Superior
Size
Inferior
Inferior
-
-
-
Shape and Topography
Superior
Superior
Superior
Superior
Superior
Zoning
-
-
-
-
-
Utilities
-
-
-
-
-
Lake Frontage
Inferior
Inferior
Inferior
Inferior
Inferior
Entitlements
-
-
ISuperior
-
-
Overall Ranking
Isuperior
Isuperior
Ivery Superior
Ivery Superior
linferior
Indicated Value l$520,000
Ranking and Value Indication
The final ranking of the comparables is presented in the following table:
Ranking Analysis and Reconciliation
Comparable No. Overall Comparability Sale Price Estimated Value
5 Inferior $306,700
Subject
$520,000
2 Superior $525,000
1 Superior $550,000
4 Very Superior $590,000
3 Very Superior $699,000
Estimated Unit Value $520,000
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Land Valuation 55
Land Value Conclusion
Prior to adjustments, the sales reflect a range of $327,000 - $699,000 per overall sale price. To arrive
at an indication of value, primary weight is given to Sales 1 and 2 for most similar traits including
location, and date of sale.
Based on the preceding analysis, the land value conclusion for the subject is presented as follows:
Land Value Conclusion
Indicated Value $520,000
As another point of reference to help support our value opinion we look to the previous listing for the
subject. Per MLS #1382857, the property was last listed in November 2018 for $550,000. The
structure was advertised as a tear down in this listing which expired after 359 days on market, or just
shy of a full year. Although market conditions were lower in 2018-2019 and the market had not yet
undergone the high value increases occurring in 2021-2022, this sale is a good reference point. As of
the date of value, the subject has remained vacant for an additional 5 years since this listing date. No
development has occurred to the site since that time and all development permits have been stopped.
The property sat on the market for just under a year at $550,000 with owner financing listed as a
possibility in the listing and yet no buyers were interested in the site and the listing expired. The
physical traits and condition of the property today is not much different than the property in 2018; the
same access difficulties, traffic noise, wetland designation, and developable area restrictions remain in
place. If the property was unable to sell for $550,000 at that time, it does not seem appropriate to
consider a similar or higher value today, and thus we defer to the lower end of the range in our value
conclusion.
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Reconciliation and Conclusion of Value 56
Reconciliation and Conclusion of Value
Reconciliation involves the weighting of alternative value indications, based on the judged reliability
and applicability of each approach to value, to arrive at a final value conclusion. Reconciliation is
required because different value indications result from the use of multiple approaches and within the
application of a single approach. As previously discussed, we only utilize the Sales Comparison
Approach in our valuation.
Final Opinion of Value
Based on the preceding valuation analysis and subject to the definitions, assumptions, and limiting
conditions expressed in the report, the concluded opinion of value is as follows:
Value Conclusion
Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value Fee Simple August 3, 2023 $520,000
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an
assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if
found to be false, could alter the appraiser's opinions or conclusions.
1. None
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition,
directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective
date of the assignment results, but is used for the purpose of analysis.
1. None
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
Exposure Time
Exposure time is the length of time the subject property would have been exposed for sale in the
market had it sold on the effective valuation date at the concluded market value. Exposure time is
always presumed to precede the effective date of the appraisal. Based on review of recent sales
transactions for similar properties and analysis of supply and demand in the local single-family
residential market, the probable exposure time for the subject at the concluded market value stated
previously is 3-6 months.
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2.7.b
Certification
Certification
We certify that, to the best of our knowledge and belief:
57
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. We have no present or prospective interest in the property that is the subject of this report
and no personal interest with respect to the parties involved.
4. We have performed no services, as an appraiser or in any other capacity, regarding the
property that is the subject of this report within the three-year period immediately preceding
the agreement to perform this assignment.
5. We have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
6. Our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
7. Our compensation for completing this assignment is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use of this appraisal.
8. Our analyses, opinions, and conclusions were developed, and this report has been prepared,
in conformity with the Uniform Standards of Professional Appraisal Practice as well as
applicable state appraisal regulations.
9. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics and
Standards of Professional Appraisal Practice of the Appraisal Institute.
10. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
11. Jason Neary has made a personal inspection of the property that is the subject of this report.
Lori E. Safer, MAI, AI-GRS has personally inspected the subject.
12. No one provided significant real property appraisal assistance to the persons signing this
certification.
13. We have experience in appraising properties similar to the subject and are in compliance with
the Competency Rule of USPAP.
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2.7.b
Certification
14. As of the date of this report, Lori E. Safer, MAI, AI-GRS has completed the continuing
education program for Designated Members of the Appraisal Institute.
Jason Neary Lori E. Safer, MAI, AI-GRS
Washington Certified General Real Estate Washington Certified General Real Estate
Appraiser #22006051 Appraiser #1100546
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2.7.b
Assumptions and Limiting Conditions
Assumptions and Limiting Conditions
This appraisal and any other work product related to this engagement are limited by the following
standard assumptions, except as otherwise noted in the report:
59
1. The title is marketable and free and clear of all liens, encumbrances, encroachments,
easements and restrictions. The property is under responsible ownership and competent
management and is available for its highest and best use.
2. There are no existing judgments or pending or threatened litigation that could affect the value
of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements that would
render the property more or less valuable. Furthermore, there is no asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale price are in
correct relation to the actual dollar amount of the transaction.
5. The property is in compliance with all applicable building, environmental, zoning, and other
federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is given for its
accuracy.
This appraisal and any other work product related to this engagement are subject to the following
limiting conditions, except as otherwise noted in the report:
1. An appraisal is inherently subjective and represents our opinion as to the value of the
property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the appraisal, and
no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including, without
limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction with this
appraisal, and we reserve the right to revise or rescind any of the value opinions based upon
any subsequent environmental impact studies. If any environmental impact statement is
required by law, the appraisal assumes that such statement will be favorable and will be
approved by the appropriate regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony, respond to any
subpoena or attend any court, governmental or other hearing with reference to the property
without compensation relative to such additional employment.
6. We have made no survey of the property and assume no responsibility in connection with
such matters. Any sketch or survey of the property included in this report is for illustrative
purposes only and should not be considered to be scaled accurately for size. The appraisal
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Assumptions and Limiting Conditions
covers the property as described in this report, and the areas and dimensions set forth are
assumed to be correct.
60
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we
have assumed that the property is not subject to surface entry for the exploration or removal
of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields. Such
considerations include, but are not limited to, legal descriptions and other legal matters such
as legal title, geologic considerations such as soils and seismic stability; and civil, mechanical,
electrical, structural and other engineering and environmental matters. Such considerations
may also include determinations of compliance with zoning and other federal, state, and local
laws, regulations and codes.
9. The distribution of the total valuation in the report between land and improvements applies
only under the reported highest and best use of the property. The allocations of value for land
and improvements must not be used in conjunction with any other appraisal and are invalid if
so used. The appraisal report shall be considered only in its entirety. No part of the appraisal
report shall be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions as to value,
the identity of the appraisers, or any reference to the Appraisal Institute) shall be
disseminated through advertising media, public relations media, news media or any other
means of communication (including without limitation prospectuses, private offering
memoranda and other offering material provided to prospective investors) without the prior
written consent of the persons signing the report.
11. Information, estimates and opinions contained in the report and obtained from third -party
sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only for the
purpose of estimating value and do not constitute predictions of future operating results.
13. If the property is subject to one or more leases, any estimate of residual value contained in
the appraisal may be particularly affected by significant changes in the condition of the
economy, of the real estate industry, or of the appraised property at the time these leases
expire or otherwise terminate.
14. Unless otherwise stated in the report, no consideration has been given to personal property
located on the premises or to the cost of moving or relocating such personal property; only
the real property has been considered.
15. The current purchasing power of the dollar is the basis for the values stated in the appraisal;
we have assumed that no extreme fluctuations in economic cycles will occur.
16. The values found herein are subject to these and to any other assumptions or conditions set
forth in the body of this report but which may have been omitted from this list of Assumptions
and Limiting Conditions.
17. The analyses contained in the report necessarily incorporate numerous estimates and
assumptions regarding property performance, general and local business and economic
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Assumptions and Limiting Conditions 61
conditions, the absence of material changes in the competitive environment and other
matters. Some estimates or assumptions, however, inevitably will not materialize, and
unanticipated events and circumstances may occur; therefore, actual results achieved during
the period covered by our analysis will vary from our estimates, and the variations may be
material.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not
made a specific survey or analysis of the property to determine whether the physical aspects
of the improvements meet the ADA accessibility guidelines. We claim no expertise in ADA
issues, and render no opinion regarding compliance of the subject with ADA regulations.
Inasmuch as compliance matches each owner's financial ability with the cost to cure the non-
conforming physical characteristics of a property, a specific study of both the owner's financial
ability and the cost to cure any deficiencies would be needed for the Department of Justice to
determine compliance.
19. The appraisal report is prepared for the exclusive benefit of you, your subsidiaries and/or
affiliates. It may not be used or relied upon by any other party. All parties who use or rely
upon any information in the report without our written consent do so at their own risk.
20. No studies have been provided to us indicating the presence or absence of hazardous
materials on the subject property or in the improvements, and our valuation is predicated
upon the assumption that the subject property is free and clear of any environment hazards
including, without limitation, hazardous wastes, toxic substances and mold. No
representations or warranties are made regarding the environmental condition of the subject
property. IRR - Seattle, Integra Realty Resources, Inc., and their respective officers, owners,
managers, directors, agents, subcontractors or employees (the "Integra Parties"), shall not be
responsible for any such environmental conditions that do exist or for any engineering or
testing that might be required to discover whether such conditions exist. Because we are not
experts in the field of environmental conditions, the appraisal report cannot be considered as
an environmental assessment of the subject property.
21. The persons signing the report may have reviewed available flood maps and may have noted
in the appraisal report whether the subject property is located in an identified Special Flood
Hazard Area. However, we are not qualified to detect such areas and therefore do not
guarantee such determinations. The presence of flood plain areas and/or wetlands may affect
the value of the property, and the value conclusion is predicated on the assumption that
wetlands are non-existent or minimal.
22. We are not a building or environmental inspector. The Integra Parties do not guarantee that
the subject property is free of defects or environmental problems. Mold may be present in the
subject property and a professional inspection is recommended.
23. The appraisal report and value conclusions for an appraisal assume the satisfactory
completion of construction, repairs or alterations in a workmanlike manner.
24. IRR - Seattle is an independently owned and operated company. The parties hereto agree
that Integra shall not be liable for any claim arising out of or relating to any appraisal report
or any information or opinions contained therein as such appraisal report is the sole and
exclusive responsibility of IRR - Seattle. In addition, it is expressly agreed that in any action
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62
which may be brought against the Integra Parties arising out of, relating to, or in any way
pertaining to the engagement letter, the appraisal reports or any related work product, the
Integra Parties shall not be responsible or liable for any incidental or consequential damages
or losses, unless the appraisal was fraudulent or prepared with intentional misconduct. It is
further expressly agreed that the collective liability of the Integra Parties in any such action
shall not exceed the fees paid for the preparation of the assignment (unless the appraisal
was fraudulent or prepared with intentional misconduct). It is expressly agreed that the fees
charged herein are in reliance upon the foregoing limitations of liability.
25. IRR - Seattle is an independently owned and operated company, which has prepared the
appraisal for the specific intended use stated elsewhere in the report. The use of the appraisal
report by anyone other than the Client is prohibited except as otherwise provided.
Accordingly, the appraisal report is addressed to and shall be solely for the Client's use and
benefit unless we provide our prior written consent. We expressly reserve the unrestricted
right to withhold our consent to your disclosure of the appraisal report or any other work
product related to the engagement (or any part thereof including, without limitation,
conclusions of value and our identity), to any third parties. Stated again for clarification, unless
our prior written consent is obtained, no third party may rely on the appraisal report (even if
their reliance was foreseeable).
26. The conclusions of this report are estimates based on known current trends and reasonably
foreseeable future occurrences. These estimates are based partly on property information,
data obtained in public records, interviews, existing trends, buyer -seller decision criteria in the
current market, and research conducted by third parties, and such data are not always
completely reliable. The Integra Parties are not responsible for these and other future
occurrences that could not have reasonably been foreseen on the effective date of this
assignment. Furthermore, it is inevitable that some assumptions will not materialize and that
unanticipated events may occur that will likely affect actual performance. While we are of the
opinion that our findings are reasonable based on current market conditions, we do not
represent that these estimates will actually be achieved, as they are subject to considerable
risk and uncertainty. Moreover, we assume competent and effective management and
marketing for the duration of the projected holding period of this property.
27. All prospective value opinions presented in this report are estimates and forecasts which are
prospective in nature and are subject to considerable risk and uncertainty. In addition to the
contingencies noted in the preceding paragraph, several events may occur that could
substantially alter the outcome of our estimates such as, but not limited to changes in the
economy, interest rates, and capitalization rates, behavior of consumers, investors and
lenders, fire and other physical destruction, changes in title or conveyances of easements and
deed restrictions, etc. It is assumed that conditions reasonably foreseeable at the present
time are consistent or similar with the future.
28. The appraisal is also subject to the following:
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Assumptions and Limiting Conditions 63
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an
assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if
found to be false, could alter the appraiser's opinions or conclusions.
1. None
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition,
directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective
date of the assignment results, but is used for the purpose of analysis.
1. None
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
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Addenda
Addendum A
Appraiser Qualifications
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Lori E. Safer, MAI, AI-GR$ I
Integra Realty Resources - Seattle
Experience
600 University Street
Suite 310
Managing Director of Integra Realty Resources Seattle in Washington State. Background
Seattle, WA 98101
includes 25 years of consultation and valuation analysis for clients including financial
institutions, developers, local municipalities and various public agencies. President of Lori Safer
T 206.903.6700
Appraisal, Inc. from 1987-2002. Employed by Bruce C. Allen & Associates from 1983-1987; City
F 206.623.5731
of Bellevue Planning Department 1982. Integra Realty Resources Seattle is part of Integra Realty
Resources (IRR), a national valuation and consulting firm with 50+ offices in the U.S.
irr.com
Ms. Safer is experienced in the analysis of various property types including: land, residential
subdivision appraisal studies, right of way and condemnation appraisal studies, mortgage loan
appraisal studies, and highest and best use studies. Clients served include various financial
concerns, law and public accounting firms, private and public agencies, pension and advisory
companies, investment firms, and the general public. Further, utilizing the resources of
Integra's 50+ offices nationwide, the firm is actively involved in the completion of large
portfolio engagements.
Professional Activities & Affiliations
MAI Designation, Appraisal Institute
AI-GRS Designation, Appraisal Institute
President: Seattle Chapter of the Appraisal Institute, January 2019 - December 2019
Vice President: Seattle Chapter of the Appraisal Institute, January 2018 - December 2018
Treasurer: Seattle Chapter of the Appraisal Institute, January 2017 - December 2017
Secretary: Seattle Chapter - Appraisal Institute, January 2016 - December 2016
Board of Director: Seattle Chapter - Appraisal Institute, January 2012 - December 2014
Member: International Right of Way Association
Member: Regional Professional Standards Panel - Appraisal Institute
Chair: Nominating Comm. Appraisal Institute Region 1, January 2005 - December 2006
Director/Vice-Chair: Appraisal Institute - Region 1, January 1996 - December 2003
Chairman: Appraisal Institute - Region 1, January 2004 - December 2004
Vice Chair: Regional Education Liaison Appraisal Institute, January 1999 - December 1999
Member: Estate Planning Board - Univ. of Washington, January 1996 - December 1999
Member: Education Committee of the Appraisal Institute, January 1996 - December 1998
Education Coordinator: Appraisal Institute Region 1, January 1996 - December 1998
Representative to the Appraisal Institute Region 1, January 1996 - December 1997
Member: Curriculum Division of the Appraisal Institute, January 1993 - December 1996
Chairman: Narrative Exam Grading - Appraisal Institute, January 1993 - December 1995
Member: Narrative Exam Grading Subcommittee of Appraisal Institute, January 1993 - December
1995
Licenses
Washington, Certified General Real Estate Appraiser, 1100546, Expires July 2025
Oregon, State Certified General Appraiser, C001601, Expires July 2025
Education
Master of Arts, Urban Geography, University of Washington, 1982
irr
lesafer@irr.com - 206.436.1177
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Lori E. Safer, MAI, AI-GR$ I
Integra Realty Resources - Seattle
Education (Cont'd) 600 University Street
Suite 310
Bachelor of Science, Geography, Pennsylvania State University, magna cum laude, 1979 Seattle, WA 98101
Articles and Publications T206.903.6700
Case Study 1.6: Special Benefits - Johnson and Matonis, Applications in Litigation Valuation, 2012 F 206.623.5731
Real Property Value in Condemnation, 2018 (Content Reviewer) irr.com
Qualified Before Courts & Administrative Bodies
King County Superior Court, Washington
Miscellaneous
Approved Appraiser - Washington State Department of Transportation
Approved Review Appraiser - Washington State Department of Transportation
IRR Certified Reviewer
A ir11r.1
lesafer@irr.com - 206.436.1177 a
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Jason N e a ry
Integra Realty Resources - Seattle
Experience
600 University Street
2023 to present: Integra Realty Resources — Seattle I Senior Analyst
Suite 310
Seattle, WA 98101
2022 to 2023: Aloft Appraisal — Seattle I Senior Appraiser
2017 to 2022: Integra Realty Resources — Boise I Senior Analyst
T 206.903.6700
2016 to 2017: Butler Burgher Group LLC— Denver I Trainee Appraiser
F 206.623.5731
2013 to 2016: Denver County Assessor's Office— Denver I Commercial Mass Appraiser
Experience in the valuation of:
irr.com
• Apartments: Mid and High Rise
• Vacant Land: Commercial & Residential
• Right -Of -Way
• Land Market Absorption Analysis
• Industrial & Manufacturing Facilities
• Commercial Offices
• Retail Shopping Centers
• Agricultural Land
• Office Conversions
• Residential Condominium Analysis
• Special Use Properties
• Single -Family Residential
Clients served include:
• Governmental entities
• Banks and financial institutions
• Developers and investors
• Law firms
• Mortgage bankers
• Property owners
Licenses
Washington, Certified General Real Estate Appraiser, 22006051, Expires September 2025
Education
Metro State College of Denver; Bachelor's Degree in Business & Management
Successfully completed numerous real estate and valuation courses and seminars sponsored by the
Colorado Division of Property Taxation, The Appraisal Institute, North Colorado Real Estate Appraisal
Association, and McKissock Inc.
irr
jneary@irr.com - 206-436-1176
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About I RR
Integra Realty Resources, Inc. (IRR) provides world -class commercial real estate valuation, counseling,
and advisory services. Routinely ranked among leading property valuation and consulting firms, we are
now the largest independent firm in our industry in the United States, with local offices coast to coast
and in the Caribbean.
IRR offices are led by MAI-designated Senior Managing Directors, industry leaders who have over 25
years, on average, of commercial real estate experience in their local markets. This experience, coupled
with our understanding of how national trends affect the local markets, empowers our clients with the
unique knowledge, access, and historical perspective they need to make the most informed decisions.
Many of the nation's top financial institutions, developers, corporations, law firms, and government
agencies rely on our professional real estate opinions to best understand the value, use, and feasibility
of real estate in their market.
Local Expertise... Nationally!
irr.com
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Addenda
Qerr
IRR Quality Assurance Survey
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Addenda
IRR Quality Assurance Survey
We welcome your feedback!
At IRR, providing a quality work product and delivering on time is what we strive to accomplish. Our
local offices are determined to meet your expectations. Please reach out to your local office contact so
they can resolve any issues.
Integra Quality Control Team
Integra does have a Quality Control Team that responds to escalated concerns related to a specific
assignment as well as general concerns that are unrelated to any specific assignment. We also enjoy
hearing from you when we exceed expectations! You can communicate with this team by clicking on
the link below. If you would like a follow up call, please provide your contact information and a member
of this Quality Control Team will call contact you.
Link to the IRR Quality Assurance Survey: guality.irr.com
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Addenda
Addendum C
Definitions
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Addenda
Definitions
The source of the following definitions is the Appraisal Institute, The Dictionary of Real Estate
Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022), unless otherwise noted.
Amenity
A tangible or intangible benefit of real estate that enhances its attractiveness or increases the
satisfaction of the user. Natural amenities may include a pleasant location near water or a scenic view
of the surrounding area; man-made amenities include swimming pools, tennis courts, community
buildings, and other recreational facilities.
As Is Market Value
The estimate of the market value of real property in its current physical condition, use, and zoning as
of the appraisal date.
Class of Apartment Property
For the purposes of comparison, apartment properties are grouped into three classes: Class A, B and
C. These classes represent a subjective quality rating of buildings, which indicates the competitive
ability of each building to attract similar types of tenants. Combinations of factors such as rent,
building finishes, system standards and efficiency, building amenities, location/accessibility, and
market perception are used as relative measures.
Class A apartment properties are the most prestigious properties competing for the premier
apartment tenants, with rents above average for the area. Buildings have high -quality standard
finishes, architectural appeal, state-of-the-art systems, exceptional accessibility, and a definite market
presence.
Class B apartment properties compete for a wide range of users, with rents in the average range for
the area. Class B buildings do not compete with Class A buildings at the same price. Building finishes
are fair to good for the area, and systems are adequate.
Class C apartment properties compete for tenants requiring functional space at rents below the
average for the area. Class C buildings are generally older, and are lower in quality and condition.
(Source: Integra Realty Resources)
Deferred Maintenance
Items of wear and tear on a property that should be fixed now to protect the value or income -
producing ability of the property, such as a broken window, a dead tree, a leak in the roof, or a faulty
roof that must be completely replaced. These items are almost always curable.
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Addenda
Depreciation
A loss in the value of improvements from any cause; the difference between the cost of an
improvement on the effective date of the appraisal and the value of the improvement on the same
date.
Discounted Cash Flow (DCF) Analysis
The procedure in which a discount rate is applied to a set of projected income streams and a
reversion. The analyst specifies the quantity, variability, timing, and duration of the income streams
and the quantity and timing of the reversion, and discounts each to its present value at a specified
yield rate.
Disposition Value
The most probable price that a specified interest in property should bring under the following
conditions:
1. Consummation of a sale within a specified time, which is shorter than the typical exposure
time for such a property in that market.
2. The property is subjected to market conditions prevailing as of the date of valuation.
3. Both the buyer and seller are acting prudently and knowledgeably.
4. The seller is under compulsion to sell.
5. The buyer is typically motivated.
6. Both parties are acting in what they consider to be their best interests.
7. An adequate marketing effort will be made during the exposure time.
8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial
arrangements comparable thereto.
9. The price represents the normal consideration for the property sold, unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
This definition can also be modified to provide for valuation with specified financing terms.
Effective Date
1. The date on which the appraisal opinion applies. (SVP)
2. The date to which an appraiser's analysis, opinions, and conclusions apply; also referred to as
date of value. (USPAP, 2020-2021 ed.)
3. The date that a lease goes into effect.
Entrepreneurial Incentive
The amount an entrepreneur expects or wants to receive as compensation for providing coordination
and expertise and assuming the risks associated with the development of a project. Entrepreneurial
incentive is the expectation of future reward as opposed to the profit actually earned on the project.
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Entrepreneurial Profit
1. A market -derived figure that represents the amount an entrepreneur receives for his or her
contribution to a past project to compensate for his or her time, effort, knowledge, and risk;
the difference between the total cost of a property (cost of development) and its market value
(property value after completion), which represents the entrepreneur's compensation for the
risk and expertise associated with development. An entrepreneur is motived by the prospect
of future value enhancement (i.e., the entrepreneurial incentive). An entrepreneur who
successfully creates value through new development, expansion, renovation, or an innovation
change of use is rewarded by entrepreneurial profit. Entrepreneurs may also fail and suffer
losses.
2. In economics, the actual return on successful management practices, often identified with
coordination, the fourth factor of production following land, labor, and capital; also called
entrepreneurial return or entrepreneurial reward.
Excess Land; Surplus Land
Excess Land: Land that is not needed to serve or support the existing improvement. The highest and
best use of the excess land may or may not be the same as the highest and best use of the improved
parcel. Excess land has the potential to be sold separately and is valued separately.
Surplus Land. Land that is not currently needed to support the existing use but cannot be separated
from the property and sold off for another use. Surplus land does not have an independent highest
and best use and may or may not contribute value to the improved parcel.
Exposure Time
1. The time a property remains on the market.
2. An opinion, based on supporting market data, of the length of time that the property interest
being appraised would have been offered on the market prior to the hypothetical
consummation of a sale at market value on the effective date of the appraisal.
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power, and escheat.
Floor Area Ratio (FAR)
The relationship between the above -ground floor area of a building, as described by the zoning or
building code, and the area of the plot on which it stands; in planning and zoning, often expressed as a
decimal, e.g., a ratio of 2.0 indicates that the permissible floor area of a building is twice the total land
area.
Gross Building Area (GBA)
Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of
the above -grade area. This includes mezzanines and basements if and when typically included in the
market area of the type of property involved.
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Highest and Best Use
1. The reasonably probable use of property that results in the highest value. The four criteria
that the highest and best use must meet are legal permissibility, physical possibility, financial
feasibility, and maximum productivity.
2. The use of an asset that maximizes its potential and that is possible, legally permissible, and
financially feasible. The highest and best use may be for continuation of an asset's existing use
or for some alternative use. This is determined by the use that a market participant would
have in mind for the asset when formulating the price that it would be willing to bid. (ISV)
3. [The] highest and most profitable use for which the property is adaptable and needed or likely
to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land
Acquisitions)
Investment Value
1. The value of a property to a particular investor or class of investors based on the investor's
specific requirements. Investment value may be different from market value because it
depends on a set of investment criteria that are not necessarily typical of the market.
2. The value of an asset to the owner or a prospective owner given individual investment or
operational objectives (may also be known as worth). (IVS)
Lease
A contract in which rights to use and occupy land, space, or structures are transferred by the owner to
another for a specified period of time in return for a specified rent.
Leased Fee interest
The ownership interest held by the lessor, which includes the right to receive the contract rent
specified in the lease plus the reversionary right when the lease expires.
Leasehold Estate
The right held by the lessee to use and occupy real estate for a stated term and under the conditions
specified in the lease.
Liquidation Value
The most probable price that a specified interest in real property should bring under the following
conditions:
1. Consummation of a sale within a short time period.
2. The property is subjected to market conditions prevailing as of the date of valuation.
3. Both the buyer and seller are acting prudently and knowledgeably.
4. The seller is under extreme compulsion to sell.
5. The buyer is typically motivated.
6. Both parties are acting in what they consider to be their best interests.
7. A normal marketing effort is not possible due to the brief exposure time.
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Addenda
8. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial
arrangements comparable thereto.
9. The price represents the normal consideration for the property sold, unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
This definition can also be modified to provide for valuation with specified financing terms.
Marketing Time
An opinion of the amount of time to sell a property interest at the concluded market value or at a
benchmark price during the period immediately after the effective date of an appraisal. Marketing
time differs from exposure time, which precedes the effective date of an appraisal.
Market Rent
The most probable rent that a property should bring in a competitive and open market under all
conditions requisite to a fair lease transaction, the lessee and lessor each acting prudently and
knowledgeably, and assuming the rent is not affected by undue stimulus. Implicit in this definition is
the execution of a lease as of a specified date under conditions whereby:
• Lessee and lessor are typically motivated;
• Both parties are well informed or well advised, and acting in what they consider their best
interests;
• Payment is made in terms of cash or in terms of financial arrangements comparable thereto;
and
• The rent reflects specified terms and conditions typically found in that market, such as
permitted uses, use restrictions, expense obligations, duration, concessions, rental
adjustments and revaluations, renewal and purchase options, frequency of payments (annual,
monthly, etc.), and tenant improvements (Tls).
Market Value
The most probable price which a property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and
assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of
a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• buyer and seller are typically motivated;
• both parties are well informed or well advised, and acting in what they consider their own
best interests;
• a reasonable time is allowed for exposure in the open market;
• payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
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Addenda
• the price represents the normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
(Source: Code of Federal Regulations, Title 12, Chapter I, Part 34.42(h]; also Interagency Appraisal and
Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77472)
Multifamily Property Type
Residential structure containing five or more dwelling units with common areas and facilities. (Source:
Appraisal Institute Commercial Data Standards and Glossary of Terms, Chicago, Illinois, 2004
[Appraisal Institute])
Multifamily Classifications
Garden/Low Rise Apartments: A multifamily development of two- or three-story, walk-up structures
built in a garden -like setting; customarily a suburban or rural -urban fringe development. (Source:
Appraisal Institute)
Mid/High-Rise Apartment Building: A multifamily building with four or more stories, typically
elevator -served. (Source: Appraisal Institute)
Prospective Opinion of Value
A value opinion effective as of a specified future date. The term does not define a type of value.
Instead, it identifies a value opinion as being effective at some specific future date. An opinion of
value as of a prospective date is frequently sought in connection with projects that are proposed,
under construction, or under conversion to a new use, or those that have not yet achieved sellout or a
stabilized level of long-term occupancy.
Rentable Floor Area (RFA)
Rentable area shall be computed by measuring inside finish of permanent outer building walls or from
the glass line where at least 50% of the outer building wall is glass. Rentable area shall also include all
area within outside walls less stairs, elevator shafts, flues, pipe shafts, vertical ducts, air conditioning
rooms, fan rooms, janitor closets, electrical closets, balconies and such other rooms not actually
available to the tenant for his furnishings and personnel and their enclosing walls. No deductions shall
be made for columns and projections unnecessary to the building. (Source: Income/Expense Analysis,
2016 Edition — Conventional Apartments, Institute of Real Estate Management, Chicago, Illinois)
Replacement Cost
The estimated cost to construct, at current prices as of a specific date, a substitute for a building or
other improvements, using modern materials and current standards, design and layout.
Reproduction Cost
The estimated cost to construct, at current prices as of the effective date of the appraisal, a duplicate
or replica of the building being appraised, using the same or similar materials, construction standards,
design, layout, and quality of workmanship and embodying all the deficiencies, superadequacies, and
obsolescence of the subject building.
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Retrospective Value Opinion
A value opinion effective as of a specified historical date. The term retrospective does not define a
type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value
as of a historical date is frequently sought in connection with property tax appeals, damage models,
lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of
value with this term is appropriate, e.g., "retrospective market value opinion."
Room Count
A unit of comparison used primarily in residential appraisal. No national standard exists on what
constitutes a room. The generally accepted method is to consider as separate rooms only those rooms
that are effectively divided and to exclude bathrooms.
Stabilized Income
1. An estimate of income, either current or forecasted, that presumes the property is at
stabilized occupancy.
2. The forecast of the subject property's yearly average income (or average -equivalent income)
expected for the economic life of the subject property.
3. Projected income that is subject to change but has been adjusted to reflect an equivalent,
stable annual income.
Stabilized Occupancy
1. The occupancy of a property that would be expected at a particular point in time, considering
its relative competitive strength and supply and demand conditions at the time, and
presuming it is priced at market rent and has had reasonable market exposure. A property is
at stabilized occupancy when it is capturing its appropriate share of market demand.
2. An expression of the average or typical occupancy that would be expected for a property over
a specified projection period or over its economic life.
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Addendum D
Comparable Data
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Land Sale Profile
Location & Property Identification
Property Name:
3502 Serene Way Land
Sub -Property Type:
Residential, Single Family
Residence Site
Address:
3502 Serene Way
City/State/Zip:
Lynnwood, WA 98087
County:
Snohomish
Submarket:
South Everett/Harbor Point
Market Orientation:
Suburban
Property Location:
North short of Serene Lake.
South side of Serene Way,
north of 140th St SW, west of
Lake Rd.
IRREvent ID: 3209891
Sale Information
Sale Price:
Effective Sale Price:
Sale Date:
Recording Date:
Contract Date:
Listing Price:
Sale Status:
$/SF GBA:
$/SF NRA:
$/Acre(Gross):
$/Land SF(Gross):
Grantor/Seller:
Grantee/Buyer:
Property Rights:
Exposure Time:
Document Type:
Recording No.:
Verified By:
Verification Date:
Confirmation Source
Verification Type:
Secondary Verific. Source
3502 Serene Way Land
$580,000
$550,000
07/19/2023
07/19/2023
07/18/2023
$574,000
Closed
$556.12
$556.12
$2,037,037
$46.76
Margaret Marie Prather,
Teresa Prather
3502 Serene LLC
Fee Simple
1 (months)
Warranty Deed
202307197058
Jason Neary
03/08/2024
Jared Fratcher - Raintown
Realty
Confirmed -Buyer Broker
Assessor, Data Service, Deed
Sale No. 1
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Land Sale Profile
Sale Analysis
Other Adjustment:-$30,000
Adjustment Comments: Improvement
Contribution
Improvement and Site Data
MSA: Seattle -Tacoma -Bellevue, WA
Legal/Tax/ParcelID:
G BA-S F:
N RA -SF:
Acres(Gross):
Land-SF(Gross):
Year Built:
M&S Class:
Improvements Cond.:
Exterior Walls:
Construction Desc.:
No. of Buildings/Stories
Multi-Tenant/Condo.:
No. Covered Spaces:
Roof,Heating,AC Comm
Shape:
Topography:
Corner Lot:
Bldg. to Land Ratio FAR
Zoning Code:
Zoning Desc.:
Environmental Issues:
Flood Zone Designation
Comm. Panel No.:
Date:
Utilities Desc.:
Bldg. Phy. Info. Source:
Source of Land Info.:
Comments
00570500100800
989
989
0.27
11,761
1932
D
Poor
Wood siding
House burned in 2019
2/1
No/No
3
Fireplace. 676 SF detached
garage (unaffected by fire).
240 SF carport.
Irregular
Gently Sloping
No
0.08
WFB
Waterfront Beach
No
X
53061C131OF
06/19/2020
All public utilities to site.
Public Records
Public Records
This is the July 2023 sale of the land at 3502 Serene Way for
$580,000 or $2,148,148/acre and $49.31/SF of gross land
area. The property has 60 feet of water frontage
3502 Serene Way Land
Sale No. 1
along Lake Serene. The property is improved with a
single-family home and detached garage. The house burned
down in 2019 and is considered to contribute no
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Land Sale Profile
Comments (Cont'd)
value. Per the broker, the house was unsafe to enter. There is
a garage/shop left that was not affected by the fire which the
agent indicated contributed approximately $30,000 to the
overall sale price.
This is a 0.27-acre waterfront property. It was formerly
improved with a 989 SF single-family home that was
constructed in 1932 but burned down in 2019. The house is
not salvageable. The property also includes a 916 SF detached
two -car garage with shop and carport that were unaffected by
the fire.
3502 Serene Way Land
Sale No. 1
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Land Sale Profile
3502 Serene Way
3502 Serene Way Land
Sale No. 1
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Land Sale Profile
Location & Property Identification
Property Name:
3902 Serene Way Land
Sub -Property Type:
Residential, Single Family
Residence Site
Address:
3902 Serene Way
City/State/Zip:
Lynnwood, WA 98087
County:
Snohomish
Submarket:
South Everett/Harbor Point
Market Orientation:
Suburban
Property Location:
North short of Serene Lake.
South side of Serene Way,
north of 140th St SW, west of
Lake Rd.
IRREvent ID: 3209834
Sale Information
Sale Price:
Effective Sale Price:
Sale Date:
Recording Date:
Contract Date:
Listing Price:
Sale Status:
$/SF GBA:
$/SF NRA:
$/Acre(Gross):
$/Land SF(Gross):
Grantor/Seller:
Grantee/Buyer:
Property Rights:
Document Type:
Recording No.:
Verification Date:
Verification Type:
Secondary Verific. Source
3902 Serene Way Land
$525,000
$525,000
04/18/2022
04/18/2022
04/10/2022
$525,000
Closed
$472.12
$472.12
$1,500,000
$34.44
Anthony B & Marjorie A
Chilelli Trust
Matthew E & Roxanne J
Boelter; Todd E, David E, &
Bonnie J Harry
Fee Simple
Warranty Deed
202204187028
03/08/2024
Secondary Verification
Assessor, Deed, Data Service
Sale No. 2
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Land Sale Profile
Improvement and Site Data
MSA: Seattle -Tacoma -Bellevue, WA
Legal/Tax/ParcelID:
00570600100900
G BA-S F:
1,112
N RA -SF:
1,112
Acres(Gross):
0.35
Land-SF(Gross):
15,246
Year Built:
1948
M&S Class:
D
Improvements Cond.:
Poor
Exterior Walls:
Wood siding
No. of Buildings/Stories:
1/1
Multi-Tenant/Condo.:
No/No
No. Covered Spaces:
1
Air -Conditioning Type:
Electric
Roof,Heating,AC Comm.:
Fireplace
Shape:
Rectangular
Topography:
Gently Sloping
Corner Lot:
No
Bldg. to Land Ratio FAR:
0.07
Zoning Code:
WFB
Zoning Desc.:
Waterfront Beach
Environmental Issues:
No
Flood Zone Designation:
X
Comm. Panel No.:
53061C131OF
Date:
06/19/2020
Utilities Desc.: All public utilities to site.
Bldg. Phy. Info. Source: Public Records
Source of Land Info.: Public Records
Comments
This is the April 2022 sale of the land at 3902 Serene Way for
$525,000 or $1,500,000/acre and $34.44/SF of gross land
area. The property is improved with a single-family home that
is in poor condition and not considered to contribute any
value. The listing indicates the foundation is bad, holes in the
ceiling, and the property is unsafe to enter. The property has
a dock and approximately 60 feet of water frontage.
This is a 0.35-acre waterfront property improved with a 1,112
SF single-family home constructed in 1948. The
3902 Serene Way Land
Sale No. 2
house has three bedrooms, one bathroom, and a 720 SF
carport. The house is in poor condition and is considered to be
a tear down. This property has about 60 ft of waterfront.
There is a dock.
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Land Sale Profile
3902 Serene Way
3902 Serene Way Land
Sale No. 2
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Land Sale Profile
Location & Property Identification
Property Name:
137th Street Lot
Sub -Property Type:
Residential
Address:
353 N. 137th St.
City/State/Zip:
Seattle, WA 98133
County:
King
Submarket:
Northgate/North Seattle
Market Orientation:
Suburban
IRR Event ID:
Sale Information
Sale Price:
$699,000
Effective Sale Price:
$699,000
Sale Date:
10/15/2021
Sale Status:
Closed
$/Acre(Gross):
$1,124,517
$/Land SF(Gross):
$25.82
$/Unit (Potential):
$349,500 /Unit
Grantor/Seller:
Kristy & Cory Cozzetti
Grantee/Buyer:
Steven Jacques & Yaeko Ttee
Property Rights:
Fee Simple
Exposure Time:
4 (months)
Financing:
All cash
Document Type:
Warranty Deed
Recording No.:
20211015001114
Verified By:
Jason Neary
Verification Date:
08/17/2023
Confirmation Source:
NWMLS 1833591/Public
Record
Verification Type:
Confirmed -Other
Improvement and Site
Data
MSA: Seattle -Tacoma -Bellevue, WA
Legal/Tax/ParcelID: 1926049154
Acres(Gross): 0.62
Land-SF(Gross): 27,075
No. of Units (Potential): 2
137th Street Lot
Sale No. 3
Zoning Code:
NR2
Zoning Desc.:
Neighborhood Residential 2
Flood Plain:
No
Utilities:
Water Public, Sewer
Source of Land Info.:
Public Records
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Land Sale Profile
Comments
Lake front lot on Bitter Lake that sold with approved
architectural plans for a 2-story, 5 bedroom/3 bathroom 3,395
SF home & 3-car garage. Additional plans were approved for a
2-story DADU. Sale also included approved site drainage
report, waste & water plan, soil test, and temporary power
pole. All utilities are in the street nearby. The property has 50
feet of lake frontage. The property is close to multiple
retailers along Aurora Ave N including an L.A. Fitness, Lowes,
Hobby Lobby, and Home Goods.
137th Street Lot
Sale No. 3
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2.7.b
Land Sale Profile
137th Street Lot
Sale No. 3
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2.7.b
Land Sale Profile
Location & Property Identification
Property Name:
Lake Shoecraft Lot
Sub -Property Type:
Residential
Address:
15014 W. Lake Goodwin Rd.
City/State/Zip:
Stanwood, WA 98292
County:
Snohomish
Submarket:
North Snohomish County
Market Orientation:
Suburban
IRR Event ID:
Sale Information
3039111
Sale Price:
$590,000
Effective Sale Price:
$590,000
Sale Date:
08/24/2021
Sale Status:
Closed
$/Acre(Gross):
$1,204,082
$/Land SF(Gross):
$27.64
Grantor/Seller:
Gordon Wheeler Oakes Estate
Grantee/Buyer:
Folks, LLC
Property Rights:
Fee Simple
Exposure Time:
1 (months)
Financing:
All cash
Document Type:
Warranty Deed
Recording No.:
202108247019
Verified By:
Jason Neary
Verification Date:
08/18/2023
Confirmation Source:
MLS #1814683/Public Records
Verification Type:
Confirmed -Other
Improvement and Site Data
MSA:
Seattle -Tacoma -Bellevue, WA Zoning Desc.:
Flood Plain:
Legal/Tax/Parcel ID:
00480700000104 Source of Land Info
Acres(Gross):
0.49
Land-SF(Gross):
21,344
Zoning Code:
R5
Lake Shoecraft Lot
Sale No. 4
Residential
No
Public Records
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2.7.b
Land Sale Profile
Comments
Residential lot with approximately 65 feet of water frontage.
Sale includes a private dock in good condition. The property
has septic installed and water is available at the street. The
property has frontage along Lake Shoecraft which is the
smaller of the two lakes in the region and includes Lakes
Shoecraft and Goodwin. Commercial uses are approximately
5.0 miles east of the property and include Lowes, Costco,
Target, Hobby Lobby, Marshall's, and Best Buy.
Lake Shoecraft Lot
Sale No. 4
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2.7.b
Land Sale Profile
Lake Shoecraft Lot
Sale No. 4
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2.7.b
Land Sale Profile
Location & Property Identification
Property Name:
1516 N Lake Stickney Drive
Land
Sub -Property Type:
Residential, Single Family
Residence Site
Address:
1516 N. Lake Stickney Dr.
City/State/Zip:
Lynnwood, WA 98087
County:
Snohomish
Submarket:
South Everett/Harbor Point
Market Orientation:
Suburban
Property Location:
North side of Stickney Lake.
South side of N Lake Stichney
Dr, east of 17th Abe W and
16th Ave W, west of 12th PI
W.
IRREvent ID: 3209906
Sale Information
Sale Price:
$327,000
Effective Sale Price:
$306,700
Sale Date:
01/31/2018
Recording Date:
01/31/2018
Contract Date:
01/25/2018
Listing Price:
$349,000
Sale Status:
Closed
$/SF GBA:
$241.88
$/SF NRA:
$241.88
$/Acre(Gross):
$538,070
$/Land SF(Gross):
$12.35
Grantor/Seller:
Man Chih Ao Estate,
Chwen-Chyong Tsau
Grantee/Buyer:
Yong Wang, Shari Li Xiaohong
Property Rights:
Fee Simple
Document Type:
Warranty Deed
Recording No.:
201801310535
Verification Date:
03/08/2024
Verification Type:
Secondary Verification
Secondary Verific. Source:
Assessor, Data Service, Deed
1516 N Lake Stickney Drive Land
Sale No. 5
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2.7.b
Land Sale Profile
Sale Analysis
Other Adjustment:
Adjustment Comments:
$20,300
MH Value per Assessor
Improvement and Site Data
MSA: Seattle -Tacoma -Bellevue, WA
Legal/Tax/ParcelID:
G BA-S F:
N RA -SF:
Acres(Gross):
Land-SF(Gross):
Year Built:
No. of Buildings/Stories
Multi-Tenant/Condo.:
Air -Conditioning Type:
Shape:
Topography:
Corner Lot:
Bldg. to Land Ratio FAR
Zoning Code:
Zoning Desc.:
Environmental Issues:
Environmental Desc.:
Flood Zone Designation
Comm. Panel No.:
Date:
Utilities Desc.:
Bldg. Phy. Info. Source:
Source of Land Info.:
Comments
00493900000300
1,268
1,268
0.57
24,829
1963
1/1
No/No
Roof Central Mounted
Irregular
Gently Sloping
No
0.05
WFB
Waterfront Beach
Yes
Possible wetlands.
X
53061C1020F
06/19/2020
On septic. All public utilities
available.
Public Records
Public Records
This is the January 2018 sale of the land at 1516 N Lake
Stickney Drive for $327,000 or $573,684/acre and $13.17/SF
of gross land area. There is a manufactured home on -site
listed as having a small kitchen with 2 beds and 1 bath.
Assessor values the MH at $20,300. The property has
approximately 40 feet of water frontage. All sale info via
public records and MLS. Unable to reach broker.
1516 N Lake Stickney Drive Land
Sale No. 5
This is a 0.57-acre waterfront property improved with a 1,268
SF mobile home that was constructed in 1963. It has two
bedrooms and 1.5 baths. The property has 40 ft of lake front.
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Land Sale Profile
47,
1420 N Lake Stickney Drive
1516 N Lake Stickney Drive Land
Sale No. 5
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2.7.b
Addenda
Addendum E
Preliminary Title Report
Jnati Investments Property
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2.7.b
Addenda
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number
Issued by agent.
CHICAGG TITLE 500143617
COSIPAINI' Ol III\
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION.
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION.
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice: Schedule B, Part I -Requirements. Schedule B. Part II -Exceptions, and the Commitment
Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company'), commits to Issue the Policy
according to the terms and provisions of this Commitment- This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A. only when the Company has entered in Schedule A both
the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the
Commitment Date. this Commitment terminates and the Company's liability and obligation end.
Countersigned By.
" c—A �,
Knsty Jeglum
Authorized Officer or Agent
Chicago Title Insurance Company
br
e.�Ilezg
Michael J Nolan. President
Attest
Marjorie Nemzura, Secretary
This page is only a part o! a 2021 ALTAIS Commitment for Ti66 Insurance Issued by Chicago Tito Insurance Company, Thies Commitment is nix valid wXhiout the
Notice, the Comm(inenf to Issue Policy, the Commitment CoWitions. SUedheie A, Schedule 8, Pat f-Requirements: Schoduvhe 8 Part lf-Exceptions. and a
countcf-signature Ly the Company oe its sswig agera ttaet may be w efectmnic form.
Copyright American Land Title Association_ All rights reserved.
The used this Form !or any dem. alive thereof) Is restricted to ALTA licensees and ALTA members in good standing mot the -
date of use All other uses are prohibited Reprmted under license from the Americari Land Title Association.
ALTA Cxmiilmmt F. TAIe bnu:eree wWA hlod (0,'01,2021) Pixited 06 0623 A 05 21 PM_
P.Q. 1 WA-CT-FNRV-02150-624683-SPS1.23-500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
ISSUING OFFICE
FOR SETTLEMENT INQUIRIES. CONTACT
Title Officer Residential Und
Chicago Title Company of Washington
3002 Colby Ave., Suite 200
Everett, WA 98201
Phone: (425)259-8214 Fax (866)827-8844
Main Phone- (425)258-3683
Email. snotitle@ctt.com
Order Number: 5001431617
SCHEDULE A
1. Commitment Date: May 31, 2023 at 08:00 AM
2. Policy to be Issued:
(a) ALTA Homeowner's Policy of Title Insurance 2021 w-WA Mod
Proposed Insured: City of Edmonds
Proposed Amount of Insurance: $10.500.00
The estate or interest to be insured- FEE SIMPLE
Premium: $ 210.00
Tax: $ 20.79
Rate- Homeowners
Discount(s): Residential
Total_ $ 230.79
3 The estate or interest In the Land at the Commitment Date Is:
FEE SIMPLE
4. The Title is, at the Commitment Date, vested in
JNATI Investment LLC. a Washington Limited Liability Company
5. The Land is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
Rbs page is airily span of a 2021 ALTAc Commifinent for Titte Insurance issued by Chicago Tito Insurance Company. This Commitmenf o na valid without the
Notice. the Commitment to Issue Policy. the Commitment CoWilions. Shcedtde A, Schedule B. Pat I -Roo niments. Srhedude B. Part II-Excepbons, and a
punter -signature by the Company ov its issuu3g agent that may be x elelx7onic form.
Copyright American Land Title Association. All rights reserved_
The used the Form {or any derwatrve Iheredi is restricted to ALTA licensees and ALTA members in good standing as of the _
dated use. Allother uses are prohbded. Reprinted under license from the American Land Title Association.
ALTA Cortniitmml for T41e MvBn:e -WA Mod (07701 2021 t P"Wd i 6 t16.T3 .@ 05 21 PM
Pagr 2 WA-CT-FURY-02150.624683-3PS1-23.500143617
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2.7.b
Addenda
EXHIBIT "A"
Legal Descnpbon
For APNIParcel ID(s): 004888-007-027-00
LOT 27. BLOCK 7. LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 9 OF PLATS. PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON:
EXCEPT PORTION DEEDED TO SNOHOMISH COUNTY FOR ROAD RECORDED UNDER RECORDING NO.
583296.
TOGETHER WITH SHORELANDS OF SECOND CLASS ABUTTING AND ADJACENT TO SAID PREMISES. SITUATE
IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON..
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
This page rs only a part of a 2021 ALTAv Commitment for Title frtsurance issued by Owago Tile insurance Company. This Conamifinanf is not valid VMtout ttte
None: the Commutmient to tssue Policy, the CoryinItnerd Candlions. ScAedrte A. Schedule S. Pad I-Reptarements sd wais B. Pad if-Excep:,ons. and a
counter -signature by the Company a Its usw V agent m may be M electroirc farm.
Copyright American Land Title Association. All rights reserved. ,
The use of this Form {a any derivative lheredl is restrcted to ALTA Icensees and ALTA rrem6ers in good star" as of the _
date of use. AA other uses are pruhi ited. Reprinted under license from the American Lad Time Association
ALTA Gxrvniu —! fur TTIr envexc .-WA Wd fGT 51i2021 Wasted. 08 06.23 4 05 21 PM
Psye 3 WA-CT-FWVA2150.624603-SP&1-23.500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B. PART I - Requirements
All of the follovnng Requirements must be met.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an Interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or Interest to be Insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be Insured, or both. must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to. or become
known by the Company.
6. If the Seller or Borrower intends to sign documents required to insure the transaction utilizing a remote online
notary. please notify the Company Immediately as additional underwriting requirements will need to be satisfied.
7. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being Insured, and any
additional premium must be paid at that time. An Owner's Policy should reflect the purchase price or full value of
the Land. A Loan Policy should reflect the loan amount or value of the property as collateral_ Proposed Policy
Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved.
This page is only a part of a 2021 ALTAe Commitment for Title insurce issued by Cfucago Tile insurance Company. Thrs Commitment is not valid w0houf the
/Yo Pce. the Commtmerd to issue Policy: fife Commitment Conditions Schedule A. Schedule B. Pal I-Regorements. Sdiedule B. Pad H-Exceptions, and a
counfef-signaf;no ty the Company of ds isswV agent ON may bo an electronic farm.
r
Copyright American Land Title Assouation. All rights reserved.
The use of this Fain (or any derivative therecfl is restricted to ALTA licensees and ALTA members in good slardrg as of the -
date of use. AO other uses are prohibited- Reprinted under license from the American Land Title Association
ALTA C-1101ei11 fa TAIe Insurnnce -WA Abd (07101,2021+ Pm1ed: 06 06.23 @ 05 21 PM
Page 4 wAZT�FNRV-02150 624683•SPS-1.23.500143017
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART I - Requirements
(continued)
Payment of the real estate excise tax, if required.
The Land is situated within the boundaries of local taxing authority of the City of Edmonds
The rate of real estate excise tax for properties which are not formally classified and specially valued as
timberland or agricultural land is
StatePortion: 1.10% on any portion of the sales price of $525.000 or less:
1.28% on any portion of the sales price above $525,000, up to 51,525.000.
2.75% on any portion of the sales price above $1,525,000, up to 53,025.000:
3.00% on any portion of the sates price above $3,025.000.
The rate of excise for properties formally classified as timberland or agricultural land will be 1.28% for the State
portion on the entire sales price.
Local portion- 0.50% on the entire sales price.
An additional 55.00 State Technology Fee must be included in all excise tax payments.
If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the official Washington Stale Excise Tax Affidavit, which
can be found online at https:irdor-wa.gov,get-form-or-publication!forms-subject)real-estate-excise-tax. The
applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance
documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms).
Any instrument to be executed by City of Edmonds must be in accordance with statute. Satisfactory evidence of
authority must be submitted.
The Company reserves the right to except additional items andlor make additional requirements after reviewing
said documents
Thispage is only a Dart ar a 2021 ALTAt Commitment for Title insurance issued by Chkago Ttfe Insurance Company. This Commitment is not 19fio without the
Notice, the Commitment to Issue Policy, the Commitment Conditions. SMaeduie A, Schedule B. Part f-Requlmime nts. Sch duto B_ Part H-Except,ons aryl a
counter -signature by the Company a its ussuiV anent that may be un eleclAwic tort.
Copyright American Land Title Assodatlon. All rights reserved.
The use of the Form (or any derrvatiVe thereoO is restrcted to ALTA icensees and ALTA members in good starudrg as of the -
date of use. A I other uses are prohibited Reprinted urMclr license from the Amerces+ Land Title Association.
ALTA (:rxr 11-1 to Title V-4— .-WA Mod 07101,2021 y r4n1ed 06.06.23 @ 05.21 PM
Paye 5 VA -CT F-MV-02150.e24693-51PS1-23.500143617
Jnati Investments Property
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART I - Requirements
(continued)
to. The Company will require the following documents for review prior to the issuance of any title Insurance
predicated upon a conveyance or encumbrance from the entity named below:
Limited Liability Company: JNATI Investment LLC, a Washington Limited Liability Company
a) A copy of its operating agreement. if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto
with the appropnate filing stamps
c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by
the appropriate manager or member
d) A current dated certificate of good standing from the proper governmental authority of the state in which the
entity was created
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish
evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
It- TO PROVIDE THE EXTENDED COVERAGE POLICY ANDiOR ALTA HOMEOWNER'S POLICY IDENTIFIED IN
SCHEDULE A, GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION
ANDIOR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. A SUPPLEMENTAL COMMITMENT WILL
FOLLOW.
If there have been recent improvements on the property within 90 days prior to closing we will require a signed
indemnity agreement and a recent financial statement from each indemrutor.
If construction financing is to be insured. please contact the title officer for requirements.
The Company reserves the right to add additional exceptions or make further requirements after review of the
property inspection and requested documentation.
Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become
known by the Company.
END OF REQUIREMENTS
This page is only a part of a 2021 ALTAc Cormiu enf for Title Insurwce issued by Chicago Tote insurance Canpany Ns Cornni tment Lsnot valid vkhout the
Not", the Conimtmero to Issue Policy: the Commamett Conditions- SdiediAe A, schedule B. Part I-Regw9nients. Scbodui'e B. Part II-Exceptioris. and a
canter -signature by the Company arts sswr g agent fiat may be in etocrtmic form.
Copyright American Land Title Association. All rights reserved.
The use d lhs rum Ior a:y diinvatw thereof) is restricted bD ALTA locensees and ALTA mentws in good standing as of the - _
date of use. AO dher uses are prohLded. Reprnted under ficense from the American Land Titlee Association
ALTA Caml1-1 fo Tdie Ihs.. a w4',A 4kei i0T01-2021'; Primed. 05 06.23 @ 05 21 Pk/
Page 6 'NA -CT rNRV-02150 624693-SP3-1.23.500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART I - Requirements
(continued)
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for
loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage
or are not matters covered under the insuring provisions of the policy.
Note A Notice: Please be aware that due to the conflict between federal and stale laws concerning the
cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure
any transaction involving Land that is associated with these activities.
Note B. The application for title insurance was placed by reference to only a street address or tax Identification
number. The proposed Insured must confirm that the legal description in this report covers the parcel(s)
of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify
the Company and/or the settlement company in order to prevent errors and to be certain that the legal
description for the intended parcel(s) of Land will appear on any documents to be recorded in
connection with this transaction and on the policy of title insurance.
Note C: Note: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded. per
Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal
description within the body of the document:
PTN LT 27, BLK 7, LAKE BALLINGER LAND CO'S PLAT SUBDIV NO 1
Tax Account No.: 004888-007-027-00
Note D: Note: The Public Records indicate that the address of the improvement located on said Land Is as
follows.
7317 Lake Ballinger Way
Edmonds. WA 98026
Note E. Note- There are NO conveyances affecting said Land recorded within 36 months of the date of this
report.
Note F: Note- The Company finds no matters against the name(s) of City of Edmonds in the Public Records
which would appear as exceptions in the policy.
Ttits page is only apart of a 2021 ALTAs Commitment for Title tsurance issued by Chicago Title Insurance Company. This Commitment is not valid sllticul the
Nonce, the Commitment to Issue Policy, the Canmitmenf Conditions. Schladule A. Schedule 8, Part PRawroments. Schedule 8, Part It -Exceptions: and a
counter -signature by the Company at its LssimV agent that may be in electronic form
i
Copyright American lard Titre Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted bD ALTA licensees and ALTA nlenbers in good standing as of the ,•
date of use. All other uses are prohibited. Reprinted under license fran the American Land Tile Association
ALTA Carmilmerd la Title Yssrrence w WA Mod (07*1 r"I) Puled: OB_06 23 @ 05_21 PM
Page 7 WA-CTRFN2V{02150.6246113-SPS•1.23.500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART I - Requirements
cmlinued)
Note G: Recording charges (per document title) for closings on July 26. 2021 and after for all Washington
counties:
Deed of Trust - S204.50 and S1 for each additional page.
Most other Docs. except as noted below - $203.50 and $1 for each additional page -
Assignment of Deed of Trust. Substitution of Appointment of Successor Trustee - S18.00 and $1 for
each additional page.
Multiple titled documents are charged per applicable title.
Our Company uses Simplihle, a third party vendor. for electronic submission of documents to the
County. In addition to the County recording fee each document recorded electronically will be billed an
additional $4.25 plus tax.
RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Note H This mapiplat is being furnished as an aid in locating the herein described Land in relation to adjoining
streets, natural boundaries and other land. Except to the extent of a policy of title insurance is expressly
modified by endorsement. if any, the Company does not insure dimensions. distances of acreage shown
thereon_
END OF NOTES
END OF SCHEDULE B. PART I
This page is only a part & a 2021 ALTAo Commitmenf for AW hisurance isswd by Chicago Tito insurance Company. This Commitment is rid valid without the
NObGe. the Camm`tmeru to Issue Policy: the Commifinerif Conditions. Sd*&4e A. Schedule B. Pao I-Regmmmows- SclWaie B. Pad H-Exceptions. and a
counfefsignalin by the Company of its Lssumig agent ther may be in oWlra»c form
Copyright American Land Title Association. All rights reserved -
The use cf ms Form (or eny de,valw thered) is restrcted L ALTA icensees and ALTA nlerrlbers in good starirrrlg as of the -
date of use AD other Lres are prohibited Reprinted under license from the Amercal Lard Title Association.
.ALTA Cvinml—1 lu Title ►oi me .v-WA Nbd i07�012021 Printed. 0606 23 a 05.21 PM
Page 6 WA-CT-FNRV-02150-6246e3-SPS-1.23.500143617
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Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if
each Discriminatory Covenant is redacted. repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A and will include the following Exceptions unless cleared to the satisfaction of the Company:
GENERAL EXCEPTIONS:
A. Rights or claims of parties in possession, or claiming possession. not shown in Public Records.
B. Any encroachment, encumbrance- violation, variation, or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey of the Land.
C. Easements, prescriptive rights, nghts-of-way. liens or encumbrances, or claims thereof. not shown by the
Public Records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation. or
for services, labor, or material heretofore or hereafter fumished, all as Imposed law. and not shown by the Public
Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public
Records-
F. Any lien for service- installation, connection, maintenance, tap- capacity, or construction or similar charges for
sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the
Public Records.
This page is only a part of a 2021 ALTAr Commitment for Title Inswance issued by Chicago Tile insurance Company- This Commitment is not valid wrttouf the
Notice, the Commitment to Issue Polcy, the Commitment Conditions: Sdiedtib A. Schedule B. Part t-Requitemertts Srliedute B. Part !(-Eicepbons. grid a
counter -signature by the Company at is ,aswrig agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The used tns =orm tior ar y dervatrve thereof) is restricted to ALTA licensees and ALTA members in good standing as of the
date of use A➢ oU1er uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Corry Arv—1 fv T-lie li ," -WA %A f07101 i2021 Y Rnled: 06 0623 @ 05 21 PV
Page 9 WA CT FNR'J 02' 50 624683-SPS1l23.500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART II - Exceptions
(continued)
G. Unpatented mining claims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents of in Acts authorizing the issuance thereof_
I. Indian tribal codes or regulations. Indian treaty or aboriginal nghts, including easements or equitable
servitudes.
J. Water rights. claims or title to water
K. Any defect. lien. encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records, or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part I • Requirements are met.
SPECIAL EXCEPTIONS:
Exceptions and reservations contained in deed whereby the grantor excepts and reserves all al, gases, coal.
ores. minerals. fossils. etc-. and the right of entry for opening. developing and working the same and providing
that such rights shall not be exercised until provision has been made for full payment of all damages sustained
by reason of such entry
Grantor: State of Washington
Recording No-. 326924
NOTE: This exception does not include present ownership of the above mineral rights.
2. Right to regulate the level of the water in Lake Ballinger. also known as Lake McAleer, in accordance with the
provision of a Decree of the Superior Court entered in Snohomish County Superior Court Case No 39542 of said
county.
This page es onty a part of a 2021 ALTAs Commitment for Tt1e hrsrsance issued by Chicago TUe Insurance Company. This Commitment is not vafid **hod Itie
Notice. the Commitment to tssue Pocky: the Commitment Cordalions: Scheduie A. Schedule B. Part 1-Requrements Shcedu8e B- Part II-Excvarons: and a
countcr-signalum by the Company or ds +ssuv g agent thin may be or efecmanic lam_
t
Copyright American Land Title Association. A11 rights reserved. ,
The use or this Form (or any decrvative tnered) is restricted to ALTA Licensees and ALTA members in good standing as of the
dated use AM other uses are prohbited. Reprinted udder license from the American Lana Title Association.
ALTA C-111 n1 ru T de kav— w W A hkA (07;01 12021) PW d. 06 06.23 9 05 21 PM
Page 10 'NA -CT FNRVA2150 6246113-SPS-1.23-500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART II - Exceptions
(continued)
3. Covenants, conditions, restrictions, recitals. reservations, easements, easement provisions. encroachments.
dedications- building setback lines, notes, statements, and other matters, if any, but omitting any covenants or
restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation.
familial status, marital status, disability, handicap, national origin, ancestry, or source of income. as set forth In
applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable
law. as set forth on the Plat Btereof recorded in Volume 9 of Plats, pages 57 and 58:
Recording No 210221
4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any. Including but not limited
to those based upon race, color, religion, sex, sexual onentation, familial status. marital status, disability.
handicap, national origin, ancestry, source of income, gender, gender Identity, gender expression, medical
condition or genetic information, as set forth in applicable state or federal laws. except to the extent that said
covenant or restriction is permitted by applicable law. as set forth in the document
Recording Date: February 20, 1932
Recording No.. 513518
5. Notice of limitation and covenant adult family home
Recording Dale: October 8, 1996
Recording No.. 9610080159
6. Question of location of lateral boundaries of said second class tidelands or shorelands.
7. Any question that may anse due to shifting and changing in the course, boundaries or high water line of Lake
Ballinger (Lake McAleer).
8. Rights of the State of Washington in and to that portion, if any, of the Land which lies below the line of ordinary
high water of Lake Ballinger (Lake McAleer).
9. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public
or riparian owners to use any portion which is now or was formerly covered by water.
10_ Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the
production of power.
This page is aNy a part of a 2021 ALTAt Commitment for Title Msi✓ance issued by Ctucago Ttte Msurancs Company. This Commitment is not valid without the
Notice: the Commtmeru to Issue Policy: the Commitment Condtims. Schedule A. Schedule B, Pat I-Rapummcrits SO duk B Pad and aa
aaintay-si"tffe by the Company or OS rssw g agent 04 may be N electramc form.
Copyright American Land Title Association. Am rights reserved.
"ne ins R)rm for any di rnalrve therWf) is restreled to ALTA licensees and ALTA members in good startling as of the
date .,f _;e AI other uses are prohibited. Reprinted under license from the American Lend Title Association
AL TA C✓im,11r 11 fa T.IIe WA Mod (07�01-2021 �- Pmwd: 06 06.23 @ 05.21 PM
Page 11 WA•CT-FNRV4)2150.824663-SPS-1-23.500143617
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2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART II - Exceptions
(continued)
11. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof: Indian treaty or
aboriginal rights
12 General and special taxes and charges. payable February 15. delinquent if first half unpaid on May 1, second
half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2022
Tax Account No.. 004888-007-027-00
Levy Code: 00217
Assessed Value -Land: $618.400-00
Assessed Value -Improvements: $1,400-00
General and Special Taxes:
Billed: $5.133.91
Paid: $2,566-96
Unpaid. $2.566.95
13. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second
half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2023
Tax Account No.. 00488M07-027-00
Levy Code: 00217
Assessed Value -Land: $662.200-00
Assessed Value -Improvements- $1,400-00
General and Special Taxes:
Billed: $4,640.12
Paid. $0.00
Unpaid: $4,640.12
14. City. county or local improvement district assessments, if any_
15. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the
right to require further evidence to confirm that the property is unencumbered, and further reserves the right to
make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
Th.s page is only a part c`a 2021 ALTA n Cammrtment for Title hrsumire ssued by Ctucago Tile hisurance Company This Conxnrtment is not ✓d6d vdhout the
N'otrca. the Commtmerit to Issue Podcy, the Commdmont Conditions. Scheoinle A. Schedule B. Part i-Regwramavis: Suxdule B. Pad tl-Exceptions, and a
counter-signarWe by the Campany a ds Lssw.ng agent Na may bL, ,n eiectronrc /omit.
Copyright American Land Title Association. All rights reserved. ,
The use d thr Form (or any demAive thereof) is restricted to ALTA licensees and ALTA members in good standing as of the
dated use Allother ryes are prohd4ed. Reprhntied urxw kense from the American Lard Title Association,
ALTA C<rnnan-A la Tale M h.rerne . WA Nbd ((Mrilf2021 i Pmted. 06 06 Z3 @ 05 21 FR
Pay. 12 WA-CT-FNRV-02150 624663-SP31-23.500143617
Jnati Investments Property
01rr
Packet Pg. 229
2.7.b
Addenda
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 500143617
SCHEDULE B, PART II - Exceptions
(continued)
16- A lien for the amount shown below and any other amounts due,
Amount:
$546.35
Claimant:
City of Edmonds
Nature of Claim:
Water and Sewer and Storm Dram Services
Recording Date:
Apnl 23. 2018
Recording No.:
201804230131
17. A lien for the amount shown below and any other amounts due.
Amount:
$2.673-06
Claimant:
City of Edmonds
Nature of Claim:
Water and Sewer and Storm Dram Services
Recording Date:
May 20. 2020
Recording No..
202005200217
18- A lien for the amount shown below and any other amounts due,
Amount:
$4.579-17
Claimant:
City of Edmonds
Nature of Claim:
Lien
Recording Date:
May 16, 2022
Recording No
202205160182
END OF SCHEDULE B. PART II
Th,s page is only a part of a 2021 ALTAn Commitment for T IV insurance issued by Chicago Tile insurance Company. Tins Commitment is not valid wdioul tin
Notice. the Comrutnient to Issue Policy, the Commitment Conditions. Schedule A. Schedule 8, Part I-Requifemants. Sd*&-e B. Part If -Exceptions: and a
counter-s ywure by the Company or its usuirQ agent that may be in electronic faro.
Copyright American Land rile Association. AN rights reserved.
The use of the Form (or any derivative thereon) is restrx: ted to ALTA licensees and ALTA me hers in good standng as of the
date of use. Aa other uses are prohibited. Reprinted urda license from the Americas tad Title Assodetion
ALTA Currtnitmant 1a T41e Mvance w-W A hied i OT; 01-2021 i Palm«! 05 06 23 f4 05 21 PM
Page 13 WA-CT-Fi4RV-02150 fi24663-SPS1 •23-500143617
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2.7.c
Acquisition Stewardship Plan
7317 Lake Ballinger Way, Edmonds, WA 98026
WQC-2023-Edmond -00101
Prepared for
City of Edmonds
121 5th Ave N
Edmonds, Washington 98020
Prepared by
Herrera Environmental Consultants, Inc.
2200 Sixth Avenue, Suite 1100
Seattle, Washington 98121
Telephone: 206-441-9080
May 8, 2024
It HERRERA
Science + Planning + Design
Packet Pg. 231
2.7.c
Note:
Some pages in this document have been purposely skipped or blank pages inserted
so that this document will print correctly when duplexed.
Packet Pg. 232
2.7.c
Contents
Introduction...................................................................................................................................................................................1
Background..........................................................................................................................................................................1
LandUse History................................................................................................................................................................1
Descriptionof the Project Area..............................................................................................................................................2
NarrativeDescription of the Property........................................................................................................................2
Photographs Taken at Permanent Photograph Points........................................................................................7
CurrentConditions............................................................................................................................................................8
Fish Use and Habitat
Hydrologic................................................................................................................................................................ 9
Soilsand Soil Stability..........................................................................................................................................9
Uplands......................................................................................................................................................................9
PublicUse..................................................................................................................................................................9
Cultural and Historic Resources......................................................................................................................10
Other Natural or Man -Made Features on the Property........................................................................10
Short-term Land Management Goals and Objectives (Desired Conditions to Follow Current
Conditions)................................................................................................................................................................10
Long-term Stewardship Goals and Objectives......................................................................................................10
StormwaterManagement.................................................................................................................................10
Restoration.............................................................................................................................................................10
Roles, Responsibilities, and Funding.........................................................................................................................11
Constraints and Uncertainties.....................................................................................................................................11
References....................................................................................................................................................................................12
Appendices
Attachment A: Permit Requirements
cz cc_23-08279-001_edmdsbIIngr_propstwdshppin_20240508.docx
Packet Pg. 233
2.7.c
Figures
Figure 1. U.S. Geological Survey Quadrant Map for 7317 Lake Ballinger Way............................................3
Figure 2. Snohomish County Assessor's Parcel Map for 7317 Lake Ballinger Way....................................4
Figure 3. Vicinity Map for 7317 Lake Ballinger Way...............................................................................................5
Figure 4. Site Plan for 7317 Lake Ballinger Way Showing All Structures and Natural
Features................................................................................................................................................................ 6
V
II cz cc_23-08279-001_edmdsblingr_propstwdshpp
HERRERA Packet Pg. 234
2.7.c
Introduction
Background
This project will provide funding to purchase a vacant single-family residential property located at
7317 Lake Ballinger Way (parcel 00488800702700) that lies within the Lake Ballinger floodplain. The
parcel is 0.55 acres and sits at the lowest elevation on the lake adjacent to State Route 104 (SR-104).
Before this project, the site included a partially demolished one-story, single-family home (originally
about 2,413 square feet), a two -car detached garage, a paved driveway, and a patio. The parcel itself
includes a Fish and Wildlife Conservation Area, a wetland, a frequently flooded area (FEMA Zone A
floodplain), and a landslide and erosion hazard area.
Lake Ballinger is a 107-acre lake within both the City of Edmonds, WA (35 acres and 49 residential
parcels) and the City of Mountlake Terrace, WA (72 acres and 3 residential parcels). In addition to the
watershed area located in the City of Edmonds (25 percent) and the City of Mountlake Terrace
(23 percent), the watershed draining to the lake is also located in the City of Shoreline (22 percent), the
City of Lynnwood (21 percent), and Snohomish County (9 percent) (Lake Ballinger Fact Sheet 2011).
Seasonal flooding continues to reach the home and surrounding impervious areas, washing polluted
material into floodwaters that drain to Lake Ballinger and downstream waterbodies, including McAleer
Creek, Lake Washington, and ultimately the Puget Sound.
This project will improve water quality in Lake Ballinger by acquiring parcel 00488800702700, removing
the existing structures and any pollution -generating hard surfaces from the site, and restoring the natural
floodplain area.
Land Use History
Landau Associates prepared a Phase I Environmental Assessment for the property and collected historical
aerial photographs, topographic maps, and city directories to develop the land use history of the subject
and adjacent properties (Landau Associates 2023).
Topographic maps from 1895 and 1897 showed no signs of development activity on the subject property,
and a small number of scattered gravel roads can be identified in the surrounding area. Aerial
photographs from 1936 show that the subject property is still undeveloped, with a dirt road accessing the
property along the western property boundary. There are no structures visible on the 1943 aerial
photographs of the property, but Snohomish County parcel records indicate that construction of
structures on the property were completed in 1944. The present-day house, detached garage, and boat
dock are visible in the 1953 aerial photographs. The address was first listed in the 1972 City of Edmonds
directory when residential occupancy was listed. The house was occupied as a residence until sometime
around 2014 but has not had any listed occupants since that time. The current zoning designation for the
parcel is RSW-12: Waterfront Single Family, 12,000-square-foot lots.
Acquisition Stewardship Plan
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101
(AV,
Packet Pg. 235
2.7.c
Description of the Project Area
Narrative Description of the Property
The subject property is a 0.55-acre residential property located along the southern Lake Ballinger
shoreline. The surrounding area is shown in a United States Geologic Service (USGS) map (Figure 1), the
Snohomish County Assessor's parcel map (Figure 2), and a vicinity map (Figure 3).
Existing onsite property structures include a 2,413-square-foot residential structure constructed in 1944,
as well as an 840-square-foot detached garage. There are two access driveways that lead to the
property, one on the southeast side and one on the southwest side. The driveways start out as asphalt
and transition to an unpaved (dirt) surface. There is a 192-square-foot boat dock, which is partially
attached and nonfunctional, located along the shoreline. The site plan is shown on Figure 4.
Ok
2 Acquisition Stewardship Plan
HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20
Packet Pg. 236
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Project Location:
240th St S7317 Lake Nile Shrine Golf �
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Packet Pg. 239
q
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rr
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❑ Stormwater Catch Basin
Stormwater Line
�► 30" Concrete Sewer
E ® FEMA Flood Zone A
7SR104/LakeBallinger Way
Building Footprints
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Packet Pg. 240
2.7.c
Photographs Taken at Permanent Photograph Points
Exterior View of Subject Property
Facing North From Southwest Corner of Property
Exterior View of Subject Property
Facing East Along Lakefront
Acquisition Stewardship Plan
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101
Exterior View of Subject Property
Facing East Near Southwest Corner of Property
Showing Main Building (left) and Garage (right)
Exterior View of Subject Property
Facing Northwest Along Lakefront
(AV,
Packet Pg. 241
2.7.c
Current Conditions
Fish Use and Habitat
The northern portion of the parcel is within Lake Ballinger. Lake Ballinger drains to McAleer Creek, which
then flows into Lake Washington. The Washington Department of Fish and Wildlife (WDFW) maps
resident coastal cutthroat (Oncorhynchus clarkii clorkit), Coho (O. kisutch), sockeye (O. nerko), chinook
(O. tshawytscha), and winter steelhead (O. mykiss) within Lake Ballinger (WDFW 2024a). The lake is
stocked with winter steelhead (O. mykiss), also referred to as rainbow trout (WDFW 2024b). There are
partial fish passage barriers mapped downstream of the site, but no complete fish barriers are mapped
between Lake Ballinger and Lake Washington. The portion of the lake within the site is a shallow, littoral
zone. The littoral zone is an important source of food, particularly for juvenile salmonids.
The entirety of the site is within the Pacific flyway, a north -south migration route for birds that includes
the state of Washington. WDFW maps Lake Ballinger as a priority area for waterfowl (WDFW 2024c). No
other priority habitats are mapped on Lake Ballinger or the site.
In 2023, a Category III wetland with 6 points for habitat function was identified on site in the areas
adjacent to the lake (Figure 4) (Raedeke Associates, Inc. 2023). The wetland is primarily vegetated by
invasive species, with native species also present but less dominant. Himalayan blackberry (Rubus
armeniacus) is the primary species that dominates the plant community. Small -fruited bulrush (Scirpus
microcarpus), yellow flag iris (Iris pseudocorus), salmonberry (Rubus spectobilis), cattail (Typho spp.), giant
horsetail (Equisetum telmoteio), reed canarygrass (Pholoris arundinoceo), and creeping buttercup
(Ranunculus repens) are also present within the wetland. In its current condition, the wetland provides
moderate habitat functions.
The entirety of the upland portion of the site is within the wetland buffer and provides moderate habitat
functions. The buffer is also dominated by Himalayan blackberry. Creeping buttercup, reed canarygrass,
bedstraw (Gallium aporine), common dandelion (TarGxGcum officinale), herb Robert (Geranium
robertianum) dominate most of the site. Along the southern boundary of the site, there are large trees,
including western red cedar (Thuja plicata), Douglas fir (Pseudotsuga mensiezii), red alder (Alnus rubra),
and western hemlock (Tsuga heterophylla). These species provide significant shade and habitat benefits
on site and fulfill the City of Edmonds' criteria for significant trees (Edmonds Community Development
Code [ECDC] 23.10.020.R). The eastern boundary of the site is vegetated by laurel (Prunus laurocerasus),
also an invasive species.
The mature trees along the site's southern boundary present the most beneficial vegetation for habitat
functions. On the remainder of the site, the lack of diversity in vegetation classes and the dominance of
invasive species limit the habitat use for wildlife. The lack of hydroperiod variation and special habitat
features also limit the benefit to wildlife on site.
V$ Acquisition Stewardship Plan
HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20
Packet Pg. 242
2.7.c
Hydrologic
In 1972, Ecology found that Lake Ballinger had the worst water quality among 34 area lakes surveyed.
Lake Ballinger was placed on the 303(d) list for high phosphorus concentrations in 1993. Extensive
flooding occurred in 1997 (lake level up 5.5 feet) and 2007 (lake level at 280.6 feet, the highest level
recorded since 1997). Flooding also occurred in July 2014, when the lake level rose 7.25 inches from a
1.2-inch storm (Shaw 2014). Frequent flooding occurs along the southern edge of the lake, and the
structures located on 7317 Lake Ballinger Way are some of the closest to the shoreline of the lake. In
2008, the Lake Ballinger/McAleer Creek Forum was created to address water quality and quantity issues.
Stormwater runoff is generated on site from the main building and garage roof areas. Some stormwater
runoff may also enter the site from SR-104 (Lake Ballinger Way) through two curb cuts connected to the
site access driveways. A portion of each driveway is paved with asphalt (next to SR-104), but the rest of
the driveway is unpaved (dirt).
Stormwater runoff from SR-104 enters the lake through a 42-inch corrugated metal pipe (CMP) that runs
along the eastern edge of the property.
Soils a.id Soil Stability
The Natural Resources Conservation Service (NRCS) has mapped soils on the subject property as Urban
land-Alderwood complex, with 5 to 12 percent slopes. NRCS defines complex soil as consisting of two or
more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be
shown separately on their maps. NRCS provides site soil composition of approximately 60 percent Urban
land and approximately 15 percent Alderwood soils. Parent material for Alderwood soil consists of glacial
drift and/or glacial outwash over dense glaciomarine deposits. Per NRCS, the typical profile for
Alderwood soils consists predominantly of very gravelly sandy loam with a depth of 0 to 59 inches.
Uplanu_
The subject property is bordered to the south by Lake Ballinger Way/SR-104/NE 205th Street, a four -lane,
high -capacity motorized vehicle highway. South of SR-104 (upland), there are stormwater ponds
associated with the Ballinger Commons Apartment Homes located further to the south. There are
existing power utility lines located between the subject property and the upland area, running to the east
and west.
Pubiic USE
The subject property is currently accessible via two asphalt and unpaved (dirt) driveways located at the
southwest corner of the property and at the southeast corner of the property. The driveways connect to
the property from Lake Ballinger Way. The property can also be accessed via water to the north, from
Lake Ballinger.
Desired conditions do not currently include providing accessibility for public use of the property.
Acquisition Stewardship Plan
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 9 PackeackeA
t Pg. 243
2.7.c
Cultural and Historic Resources
The comment period for review of the City's 7317 Lake Ballinger Way Property Acquisition has ended.
The Washington State Department of Ecology (Ecology) received concurrence from the Washington
State Department of Archaeology and Historic Preservation (DAHP) (3/29/2023). Ecology received
comments from the Snoqualmie Indian Tribe requesting an opportunity to monitor ground -disturbing
work during the planned demolition of existing structures located on the property. Based on the initial
review of this project and the comments received, Ecology retained its determination of No Cultural
Resource Impacts. Any future Ecology -funded work at the site will be subject to additional review.
Other Natural or Man -Made Features on the Property
An existing wooden fence borders the property along three sides of the property boundary line, to the
west, south, and east. There is also evidence of a dilapidated wooden bulkhead/retaining wall that was
installed along the lakefront boundary line to the north of the property.
Short-term Land Management Goals and Objectives (Desired
Conditions to Follow Current Conditions)
This undertaking aims to improve the water quality of Lake Ballinger by implementing a comprehensive
restoration strategy. The initial phase involves acquiring the property necessary for the project. Following
acquisition, preparations for planned demolition work will begin. All existing structures, impervious
surfaces, private developments, and waste materials will be removed, and the area will be restored to its
natural state as green space.
Long-term Stewardship Goals and Objectives
Stormwater Management
Stormwater runoff from SR-104 enters the lake through a 42-inch corrugated metal pipe (CMP) that runs
along the eastern edge of the property. The City of Edmonds intends to evaluate a future project to
install a stormwater treatment facility on the parcel's limited buildable footprint, in order to treat
stormwater runoff from SR-104 (from the 42-inch CMP running along the eastern edge of the property).
The 36-inch CMP from the City of Shoreline discharges to the lake from the stormwater ponds associated
with the Ballinger Commons Apartment Homes located south of SR-104. Due to high groundwater levels
and frequent flooding of this parcel, an infiltrating stormwater facility is not recommended. The current
recommended stormwater treatment alternative is to incorporate a stormwater treatment wetland into
the buildable footprint on the site, because it can be integrated aesthetically with the existing natural
wetland and wetland buffer area while providing basic and enhanced (metals) stormwater treatment.
Restoration
City staff will monitor and maintain vegetation growth on the property. In its current condition, the
wetland and buffer on site are in poor condition, with invasive species dominating the unpaved areas.
Restoration activities may include removal of invasive species and replanting with native plants
ok 10
HERRERA
Acquisition Stewardship Plan
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20
Packet Pg. 244
2.7.c
appropriate to the site, including but not limited to native conifers, red alders (Alnus rubra), vine maple
(Acer circinatum), red osier dogwood (Cornus sericea), willows (Salix spp.), Pacific ninebark (Physocarpus
capitatus), osoberry (Oemleria cerasiformis), rose (Rosa spp.), salmonberry, sword fern (Polystichum
munitum), and small -fruited bulrush.
Habitat features, including snags, turtle basking structures, and debris piles, may also be incorporated
into restoration activities. Preservation of significant trees will be prioritized. If unavoidable impacts to
these trees are to occur, significant trees will be replaced in accordance with ECDC requirements. Relic
shoreline armoring may be removed to soften the shoreline and facilitate the planting of native plants.
Roles, Responsibilities, and Funding
Maintenance activities will be managed by City of Edmonds staff. Stormwater management facilities,
essential for mitigating the adverse effects of urban runoff on water quality and aquatic ecosystems, are
meticulously cared for by the Public Works stormwater team. Through routine maintenance and
proactive management strategies, the stormwater team plays a pivotal role in safeguarding local water
resources, fostering resilience against flooding, and upholding the health and vitality of surrounding
ecosystems.
Funding for these ongoing programs will be provided by the Stormwater Utility. To supplement utility
funds, the City of Edmonds intends to apply for state and federal grant funds, as available, for the design
and implementation of site restoration and/or the installation of stormwater facilities. Community
engagement through volunteer activities, including tree planting and invasive species removal, is another
potential program that can be pursued in the future.
Constraints and Uncertainties
For several years since approximately 2014, the City of Edmonds has observed a concerning trend of
unauthorized camping activities and property damage occurring at the subject property. Despite efforts
to address the issue, the persistence of these activities has raised alarms among local officials and
neighboring residents alike. The City of Edmonds has recognized the need for proactive measures to
mitigate the impact of such behavior occurring at the subject property, and the removal of all existing
structures at this property will hopefully address this problem. However, it is possible that this issue could
persist beyond this project.
Acquisition Stewardship Plan
V
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 HERRERA
Packet Pg. 245
2.7.c
References
Lake Ballinger Fact Sheet. 2011. Lake Ballinger -McAleer Creek Watershed Forum web page Accessed
April 23, 2024 <https://cityofmlt.com/488/Lake-Ballinger-McAleer-Creek-Watershed-F>.
Landau Associates. 2023. Phase I Environmental Site Assessment Report 7317 Lake Ballinger Way
Edmonds, Washington. Prepared for City of Edmonds Public Works by Landau Associates, Seattle, WA.
May 24.
Raedeke Associates, Inc. 2023. 7317 Ballinger — Summary. June 29.
Shaw, M. 2014. Lake Ballinger "State of the Lake" Report. Prepared by Mike Shaw, City of Mountlake
Terrace Public Works. September.
WDFW. 2024a. Priority Species and Habitat Database. Provided by Washington Department of Fish and
Wildlife. Accessed April 23, 2024. <http://wdfw.wa.gov/mapping/phs/>.
WDFW. 2024b. Ballinger Lake. Provided by Washington Department of Fish and Wildlife. Accessed
April 26, 2024. <https:Hwdfw.wa.gov/fishing/locations/lowland-lakes/ballinger-lake>.
WDFW. 2024c. Washington State Fish Passage Map Application. Washington Department of Fish and
Wildlife. Accessed April 23, 2024.
<http://wdfw.wa.gov/conservation/habitat/fish passage/data maps.html>.
Olk
12 Acquisition Stewardship Plan
HERRERA 7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-20
Packet Pg. 246
2.7.c
Attachment A:
Permit Requirements
It HERRERA
Science + Planning + Design
Packet Pg. 247
2.7.c
This page intentionally left blank
a
Packet Pg. 248
2.7.c
Permit Requirements
Federal
• 404 Review will be required for any work that involves the discharge or dredge of fill material into
Lake Ballinger or the wetland.
State
• 404 Review will be required for any work that involves the discharge or dredge of fill material into
Lake Ballinger or the wetland.
• A Hydraulic Project Approval will be required for any work that alters the bed or bank of Lake
Ballinger
• A State Environmental Policy Act (SEPA) Environmental Checklist is required for all governmental
actions.
City of Edmonds
• A demolition permit will be required before beginning planned demolition work.
• Shoreline, critical areas, and clearing and grading permits may be required, depending on the
nature of work that will be performed associated with removal of existing structures located in and
around property lakefront. This will be determined during the design process of planned
construction work.
Acquisition Stewardship Plan
V
7317 Lake Ballinger Way, Edmonds, WA 98026 WQC-2023-Edmond-00101 A-1 HERRERA
Packet Pg. 249
2.7.d
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ProDertv Acauisi ion
June 18, 2024
City Council Parks & Public Works Committee
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• Packet Pg. 250
• Site Map & Survey
• Property overview
• Reports & Appraisal
• Stewardship Plan
• Water Quality Deed of Right
• Benefits
• Purchase & Sale Agreement
• Funding
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Completed Reports
• Phase 1 Environmental Site Assessment
• Hazardous Building Materials Survey
• Wetland Delineation
• Inadvertent Discovery Plan
• Baseline Inventory
• Appraisal (Initial $480k Value)
• Appraisal Review (Revised Value $520K)
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Stewardship Plan
• Required by Department of Ecology
• Current Conditions
• Land Management Goals &Objectives
o Short-term:
■ Demolish structures
■ Remove impervious surfaces
■ Restore to green space.
o Long-term:
■ Stormwater Management
■ Restoration & Maintenance
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Water Quality Deed of Right
• Required by Department of Ecology (DOE)
• City Requirements
o Protect and maintain property
o Provides access to DOE for inspections
o Comply with Specific Prohibitions
o Comply with Permitted Uses and Activities
-�:
Improve Water Quality in Lake Ballinger
and downstream creeks
• Remove existing structure and pollution
generating surfaces from site
• Restore Natural Floodplain area
• Improve condition of wetland and buffer
• Opportunity for stormwater treatment facility
for runoff from SR-104
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Purchase & Sale Agreement with purchase
price of $520,000
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• Seller Disclosure Statement
• City Council Resolution Approving Purchase of
Property (future City Council meeting)
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Acquisition
o $500k Grant secured in 2022
■ Funding Agmt approved by City Council (April 18, 2023)
o Local Match Stormwater Utility Funds
Land Management Goals & Objectives
o Stormwater Utility Funds
o Future Grants
o Community engagement
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2.8
City Council Agenda Item
Meeting Date: 06/18/2024
84th Ave W Walkway (234th St SW — 238th St SW) Project Update
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
During the 2024 budget discussions, City Council added funding for a preliminary design of this project.
Staff Recommendation
Staff will discuss options at the committee meeting.
Narrative
This walkway project proposes approximately 1,300 LF of new sidewalk and bike lane on the east side of
84th Ave West, from 2341h St SW to 238th St SW. The design of the proposed walkway is intended to
satisfy the requirements of the Mixed -Use Neighborhood Street cross section included in the
Reimagining Neighborhoods + Streets: Creating Community Spaces Together - Edmonds Street and Public
Space Typologies document. ADA compliant pedestrian curb ramps would be included in the design.
The City received a preliminary conceptual design, as well as planning level cost estimates from the
design consultant. Two separate cost estimates were prepared:
One estimate includes installation of new sidewalk on the east side of 841h Ave West, along with new
bike lane installation on the west side (southbound) and east side (northbound) of 84th Ave West.
The other estimate includes installation of new sidewalk on the east side of 84th Ave West, along with
new bike lane installation on only the east side (northbound) of 841h Ave West.
Right of way acquisition will be required for this project.
Funding has not been secured for final design, right of way acquisition or the construction phase.
Attachments:
Attachment 1 - Concept Design
Attachment 2 - Cost Estimates
Attachment 3 -Presentation_84th_Ave_Walkway_06.18.24
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2.9
City Council Agenda Item
Meeting Date: 06/18/2024
Authorization to purchase (1) 2024 Freightliner 800 Series Jet Truck
Staff Lead: Phil Williams
Department: Public Works & Utilities
Preparer: Royce Napolitino
Background/History
The Sewer Division operates Unit #98-SWR, a 2007 Sterling Jet Truck.
Staff Recommendation
It is recommended that pre -authorization be given to the Department of Public Works to purchase (1)
2024 Freightliner Sewer Equipment Company of America 800 Series Jet Truck from SWS Equipment.
Sourcewell contract #101221-SCA.
It is further recommended that the Mayor be authorized to approve the purchase amount when
presented upon receipt of the 2024 Freightliner 800 Series Sewer Jet Truck.
Narrative
Unit #98-SWR a 2007 Sterling Jet Truck has been previously budgeted and approved for $340,000 as a
replacement in the 2024 Fleet Replacement Budget purchased with B-Fund monies. Delivery of this
Sewer Jet Truck is anticipated in June of 2024 and will require the Mayor's signature authorizing the
expense.
Pre -authorization to order this truck was given in July 2023 when presented as a budget amendment,
and again in the 2024 15T quarter budget amendment as a carryforward item.
Unit #98 will go to auction and the proceeds will be deposited back into the B-Fund.
Packet Pg. 272
2.10
City Council Agenda Item
Meeting Date: 06/18/2024
Council Rules of Procedure Section 1 & 2 Authority and Council Organization
Staff Lead: Council President Olson
Department: City Council
Preparer: Beckie Peterson
Background/History
In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its
parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed
Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of
Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion.
Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings,
such rules do not address many other processes and procedures in the conduct of City business. It is
thought that a more comprehensive set of rules would provide greater understanding and transparency
about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of
business within the context of council meetings.
The draft rules of procedure address Council organization, duties of officers, agenda preparation,
meeting management, consent agenda, public testimony, decorum, motions, and other important areas.
The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to
consolidate all applicable rules into one document.
It is important to note that many provisions of these rules of procedure are already governed by other
codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of
Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of
reference only and is not intended to be adopted as a rule because it already constitutes governing law.
Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council
resolution as the Council's procedural rules and may be amended at any time by subsequent resolution.
On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its
own Code of Conduct separate from that which applies to the Mayor and members of City boards,
commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct
were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison
purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of
February 4, 2020 and March 3, 2020.
On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period
of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration
was postponed due to lack of time.
Packet Pg. 273
2.10
On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city
attorney to bring back additional language for potential amendments to various sections of the rules.
A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by
the City Council on June 2, 2015.
Recommendation
Place approval of Council Rules of Procedure Section 1- Authority and Section 2 - Council Organization
on next available consent agenda.
Narrative
It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most
practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows:
SECTION 1. AUTHORITY - on PPW committee agenda 6/18/2024
SECTION 2. COUNCIL ORGANIZATION - on PPW committee agenda 6/18/2024
SECTION 3. AGENDA PREPARATION - amended and approved 3/26/2024
SECTION 4. CONSENT AGENDA
SECTION 5. COUNCIL MEETINGS
SECTION 6. COUNCIL CONDUCT
SECTION 7. CODE OF ETHICS
SECTION 8. PUBLIC TESTIMONY - amended and approved 4/16/2024
SECTION 9. MOTIONS
SECTION 10. ITEMS REQUIRING FOUR VOTES
SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE
SECTION 12. COUNCIL REPRESENTATION
SECTION 13. REIMBURSEMENT OF EXPENSES - approved 4/16/2024
SECTION 14. SUSPENSION AND AMENDMENT OF RULES
Proposed Workplan for Adopting Council Rules of Procedure
1. Address the draft rules of procedure by section or segments, starting with the most
timely/highest priority section(s).
2. Focus on one segment each month:
a. City Clerk and Council staff review and indicate any recommended revisions.
b. Council President review.
C. Place on agenda for review of Council Committee
d. If committee recommends segment for council approval on consent - place on a future
consent agenda for approval and implement that segment as adopted policy.
e. If committee recommends revisions or full council discussion - add to future council
business when agenda time allows.
Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures
as an attachment.
SECTION 1; AUTHORITY
Packet Pg. 274
2.10
SECTION 2; COUNCIL ORGANIZATION
Attachments:
ROP Section 1 & 2 - redline
Packet Pg. 275
2.10.a
Section 1. Authori
1.1 These rules constitute the official rules of procedure for the Edmonds City
Council. In all decisions arising from points of order, the Council shall be
governed by the current edition of Robert's Rules of Order," a copy of which is
maintained in the City Council Office.
1.2 These rules of procedure are adopted for the sole benefit of the members of the
City Council to assist in the orderly conduct of Council business. These rules of
procedure do not grant rights or privileges to members of the public or third N
parties. Failure of the City Council to adhere to these rules shall not result in any 06
liability to the City, its officers, agents, and employees, nor shall failure to adhere C
to these rules result in invalidation of any Council act. °
11
1.3 Any provision of these rules of procedure that is footnoted with a citation to the
Revised Code of Washington, the Edmonds City Code, or other statute or ruling
is included here for ease of reference only and is not intended to be adopted as a
rule herein because it already constitutes governing law. Likewise, any conflict
between such a provision and the law cited in the footnote shall be resolved in
favor of the law cited in the footnote. Provisions herein that are not footnoted with
a citation to the Revised Code of Washington or the Edmonds City Code have
been adopted by City Council resolution as the Council's procedural rules and
may be amended at any time by subsequent resolution.
Section 2. Council Oraanization.
2.1 New Councilmembers shall be sworn in by one of the following persons: court
commissioner, judicial officer, judge, clerk of the court, county auditor or deputy
auditor, county commissioner or county councilmember, mayor of a code city, a
town, or a second-class city, mayor pro tem of a second-class city, clerk of a
code city, town clerk or deputy clerk.
2.2. The Council shall elect a Council President and Council President Pro Tern for a
one-year term. The election of the Council President shall be conducted by the
City Clerk. No one Councilmember may nominate more than one person for a
given office until every member wishing to nominate a candidate has an
opportunity to do so. Nominations do not require a second. The Clerk will repeat
each nomination until all nominations have been made. When it appears that no
one else wishes to make any further nominations, the Clerk will ask again for
further nominations and if there are none, the Clerk will declare the nominations
closed. A motion to close the nominations is not necessary. After nominations
have been closed, voting for Council President takes place in the order
nominations were made. Councilmembers will be asked to vote by a raise of
hands. As soon as a nominee receives a majority vote (four votes), the Clerk will
declare him/her elected. No votes will be taken on the remaining nominees. If
Packet Pg. 276
2.10.a
none of the nominees receives a majority vote, the Clerk will call for nominations
again and repeat the process until a single candidate receives a majority vote.
The same process is conducted for the election of the Council President Pro
Tem.
2.3 Duties of Officers
A. The Mayor shall be the Presiding Officer at all Council Meetings except
Council Committee Meetings. In the absence of the Mayor, the Council
N
President shall become Mayor Pro Tem and act as the Presiding Officer,
06
performing the duties and responsibilities regarding conduct of meetings
C
and emergency business. In the absence of both the Mayor and the
Council President, the Council President Pro Tem shall act as a temporary
in
Presiding Officer.
B. It shall be the duty of the Presiding Officer to:
1. Call the meeting to order.
2. Keep the meeting to its order of business.
3. Control discussion in an orderly manner.
a. Give every Councilmember who wishes an opportunity to
speak when recognized by the chair.
b. Permit audience participation at the appropriate times.
C. Require all speakers to speak to the question and to observe
Robert's Rules of Order.
4. State each motion before it is discussed and before it is voted
upon.
5. Put motions to a vote and announce the outcome.
C. The Presiding Officer shall decide all questions of order, subject to the right
of appeal to the Council by any member.
2.4 Appointments to Boards and Committees'
The Council President shall appoint Councilmembers to Council committees
and outside boards and committees that are not otherwise specified or governed
by other rules. Prior to appointment, the Council President shall solicit interest
from Councilmembers for their preferred appointments. The Council President
shall then circulate the final appointment list to the Council at least seven (7)
days prior to appointment. The Council President shall make his or her
appointments as soon as practicable, following election of the Council President.
2.5 Filling a Council Vacancy
i ECC 1.02.031(B)
Packet Pg. 277
2.10.a
A. If a vacancy occurs in the office of Councilmember, the Council will follow
the procedures outlined in the Revised Code of Washington2. To fill the
vacancy with the most qualified person available until an election is held,
the Council will widely distribute and publish a notice of the vacancy at
least two weeks in advance, the procedure by which the vacancy will be
filled, and an application form.
B. The Council will draw up and Council will approve an application form
to aid the Council's selection of the new Councilmember.
C. Those candidates selected by the Council will be interviewed by the
N
06
Council during a regular or special Council meeting open to the public.
C
The order of the interviews will be determined by drawing the names
2
order tn�mmake the int Niews fair, annlinants will be asked o r
d
rn-r
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e itside the Ge innil Chambers while other applicants are being
�
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interyoe Applicants will be asked to answer questions posed by each
Councilmember during the interview process. The interview process will
o
be designed to be fair and consistent. Since this is not a campaign, a
comments about other applicants will not be allowed. o
D. The Council may recess into executive session to discuss the
qualifications of all candidates. Nominations, voting and appointment of a
person to fill the vacancy will be conducted during an open public meeting
E. The term of an appointed Council position expires upon certification of the
next election.
' RCW 42.12.070
Packet Pg. 278
