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RES 2011-23 APPROVING THE FERNCLIFF VILLAGE HOUSING DESIGN DEMONSTRATION PROJECTRESOLUTION NO. 2011-23 A RESOLUTION of the City of Bainbridge Island, Washington, approving the Ferncliff Village Housing Design Demonstration Project Final Subdivision. WHEREAS, the final subdivision application for the Ferncliff Village Housing Design Demonstration Project facilitates creation of 25 residential lots on a 5.97 acre parcel located in the 500 — 700 block of Ferncliff Avenue; and WHEREAS, the decision to approve or deny a Housing Design Demonstration Project shall be made as part of the underlying land use permit approval; and WHEREAS, the City Council approved the preliminary subdivision application, site plan and design review, and conditional use permit with the adoption of Resolution No. 2011-10 on April 27, 2011, as amended by Resolution No. 2011-14 on May 17, 2011; and WHEREAS, the City Engineer and the Kitsap County Health District have forwarded their recommendations for final subdivision approval to the Department of Planning and Community Development; and WHEREAS, the Department of Planning and Community Development has evaluated compliance with the conditions imposed on the preliminary subdivision and other applicable ordinances and forwarded its recommendation for final subdivision approval and Housing Design Demonstration Project approval to the City Council; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. All conditions imposed when the preliminary subdivision was approved have been met, as set forth in the final plat memorandum from the Department of Planning and Community Development, which is attached as Exhibit A and incorporated by reference. Section 2. Conditioned plat improvements have been completed or assured as set forth in Exhibit B, which is attached and incorporated by reference. Section 3. The final plat is in conformance with the subdivision regulations and standards, the Housing Design Demonstration Project program regulations and standards, zoning regulations, the Comprehensive Plan, and all applicable land use ordinances and applicable state law in effect at the time of preliminary plat approval. Section 4. The Mayor is authorized to inscribe the City Council's approval on the face of the final plat mylar, as depicted in attached Exhibit C and incorporated by reference; provided, that upon approval of the final plat, the City Council may direct and authorize another council member to inscribe the City Council's approval on the face of the final plat. PASSED by the Council of the City of Bainbridge Island, Washington, this 16"' day of November, 2011. APPROVED by the Mayor on the 16"' day of November, 2011. Kirsten H opoulos, Mayor ATTEST/AUTHENTICATE : Rosalind D. Lassoff, City Clerk FILED WITH THE CITY CLERK: November 8, 2011 PASSED BY THE CITY COUNCIL: November 16, 2011 RESOLUTION NUMBER: 2011-23 Attached: Exhibit A Final Plat Memorandum, Department of Planning and Community Development Exhibit B Assured Plat Improvements Exhibit C Final Plat Drawings Memorandum City of Bainbridge Island Department of Planning and Community Development To: City Council From: Kelly Tayara, Planner Date: November 8, 2011 Re: Ferncliff Village HDDP Final Subdivision FSUB15540 Applicant: Housing Resources Board PO Box 11391 Bainbridge Island, WA 98110 Request: The applicant requests final approval to subdivide a six acre site into 25 lots. Location: The subject property is located in the 500-600 block along the west side of Ferncliff Avenue. Resultant Parcels A, B and C of the Amended Housing Resources Board Boundary Line Adjustment recorded under Kitsap County Auditor's File No. 201012300026 and situate in the SE Quarter of the NW Quarter of Section 26, Township 25 North, Range 2 East, W.M. in Kitsap County, Washington. The preliminary subdivision of the Ferncliff Village Housing Design Demonstration Project was approved, along with Site Plan and Design Review and Conditional Use permit approval for multi -family development of Lot 25, subject to the following conditions. As noted in the annotations in bold font, the conditions applicable to subdivision have been satisfied and staff recommends approval of the final plat. SEPA Conditions 1. To avoid environmental impacts and potential risk of ravine slope instability, the applicant shall follow the recommendations of a geotechnical engineer for site development, including site preparation, excavation, construction, vegetation management and stormwater facilities. The applicant shall meet the replanting requirements of BIMC 16.20 for stormwater facilities installed within the ravine slope or its buffer. This item is noted on the final plat drawings. 2. To avoid or mitigate environmental impacts, Washington State Department of Fish & Wildlife Hydraulic Project Approval may be required prior to construction of storm drainage facilities on this project. Copies of any required approvals must be submitted to the City prior to construction. A copy of all public agency approvals and approved drawings shall be given to all contractors performing work at the site prior to beginning any construction work. This item is noted on the final plat drawings. 3. To avoid impacts to archaeological resources, contractor is required to stop work and immediately notify the Department of Planning and Community Development and the EXHIBIT A Washington State Office of Archaeology and Historic Preservation if any historical or archaeological artifacts are uncovered during excavation or construction. This item is noted on the final plat drawings. 4. To mitigate public service impacts, the applicant shall provide a bus shelter designed to accommodate approximately 20 school children. The shelter shall be located in the northeast corner of the property within "Open Space Tract A" and/or the adjacent right-of-way. The bus shelter was relocated to the southeast corner of Open Space Tract A in order to minimize vegetation impacts. 5. To mitigate public service impacts, the applicant shall install a painted or thermoplastic crosswalk and appropriate related signage across kerncliff Avenue at its intersection with Tiffany Meadows Drive. Installation shall be to the satisfaction of the City Engineer. Installation of the crosswalk facilities is assured (Attachment D). 6. To mitigate aesthetic impacts, where feasible considering sight distance and safety, landscaping to screen the bus shelter from the adjacent property to the north shall be provided. Solid waste containers associated with the multi -family development shall be enclosed on all sides and screened with vegetation; chain link fencing shall not be used. The bus shelter is relocated to the southeast corner of Open Space Tract A, no longer in proximity to the adjacent property to the north. Landscape plans specific to the bus shelter area are contained in City File No. BLD17259MIS, and installation is assured (Attachment D). Conditions specific to the multifamily development will be reviewed as part of the Phase II multi -family construction plans. 7. To mitigate public service and aesthetic impacts, the bus shelter, related landscaping and the crosswalk shall be installed or assured prior to final plat approval; an assurance device shall provide for construction within one year of final plat approval. The location and design of the shelter and related landscaping shall be to the satisfaction of the Department of Planning and Community Development and the City Engineer. Installation of the bus shelter, related landscaping and crosswalk is assured (Attachment D). Project Conditions 8. The project must substantially conform to the Housing Design Demonstration Project (HDDP) program criteria for housing diversity, innovative site development and innovative building design as demonstrated in the HDDP evaluation scoring and applications for the underlying land use permits, except as otherwise conditioned through this approval: a. The completed project must provide that least 50 percent of the units remain affordable. A proportional amount of affordable housing units must be completed at or prior to completion of any market rate units. This item is noted on the final plat drawings. b. The maximum home size is 1600 square feet. This item is noted on the final plat drawings. c. The project must achieve the HDDP development standards related to Low Impact Development; prior to final plat approval, the applicant shall allocate impervious surface coverage for each of the lots and, where applicable, within the open space tracts. The final civil plans shall substantially conform to the capacity and facilities presented in the }- lousing RC50Urces Board / FerncIif 'Village HDDP FSUR15540 Paige 2 of I 1 preliminary civil design drawings. This item is noted on the final plat drawings. The final civil plans substantially conform to the capacity and facilities approved with preliminary plat. d. The project must provide landscaping, open space, and transportation elements that substantially conform to those presented in the preliminary drawings. The landscaping, open space and transportation elements substantially conform to those presented in the preliminary drawings. Changes from the preliminary approval include: 1) In the preliminary plat, Tract B, which is parallel to Ferncliff Avenue, was designated both a 15 foot width roadside landscape buffer and, with the exception of the south 25 feet, a significant tree retention area. Installation of utility and stormwater facilities resulted in the removal of significant trees and vegetation within Tract B, impacting an area approximately 1,500 square feet in size. While the rain gardens in Tract B have been replanted with vegetation that will meet the full -screen landscape buffer requirements, these areas will not support significant trees. Therefore, the significant tree retention area is reconfigured, eliminating the areas dedicated to rain gardens and adding 1,500 square feet immediately adjacent to Tract B and centered on the public trail. Replanting for this area, designated "retained and replanting area" on the final plat, is assured (Attachment D). [Attachment H (Sheet 12/12)] 2) In the preliminary plat, Tract E and the southwest half of Tract A contain significant tree retention areas within designated open space areas. Grading associated with the installation of roadway and parking facilities resulted in removal of significant trees and vegetation, impacting an area approximately 3,700 square feet in size. The significant tree retention area is reconfigured, adding an area equal in size in the northeast half of Tract A; this area did not contain significant tree canopy at the time of preliminary plat. Replanting for this area, designated "retained and replanting area" on the final plat, is assured (Attachment D). Additionally, significant tree canopy within Tract E may be reestablished naturally over the parking spaces, as the spaces were reconfigured to retain a big -leaf maple slated for removal in the preliminary plans. [Attachment H (Sheet 12/12)] 3) Within Tract A, the bus shelter is relocated from the northeast corner to the southeast corner, the intersection of Curtis Lane and Ferncliff Avenue. As discussed under Condition 6 above, relocation of the bus shelter avoided further disruption to the vegetation within Tract A. The crosswalk associated with the bus shelter is relocated on Ferncliff Avenue from its intersection with Tiffany Meadows Drive to its intersection with the north portion of Curtis Lane. e. The project must achieve LEED Silver, BuiltGreen 4 or Evergreen Sustainable Development certification for each of the lots/units. Building permit applications, construction and final occupancy shall comply with the certification provisions of BIMC 18.38.040.H. This item is noted on the final plat drawings. Holasiiig Resources Board / Ferncliff Village i 1[)I)P FS( 1B 15540 Page 3 of I I 9. As a phased project, each phase must contain adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the project to stand alone if no other subsequent phases are developed. The roadway and related improvements, public trail improvements, bus shelter and related improvements, recreational facilities including play structure(s), bicycle facilities not associated with Phase II, landscape buffers, and stormwater facilities supporting Phase I, shall be constructed or assured prior to final plat approval and prior to issuance of any construction permit for Phase II, unless the building permits for both phases are issued simultaneously. Applicable transportation, energy, water management, communications and solid waste facilities infrastructure improvements have been installed or assured. A maintenance bond for completed infrastructure improvements and provisions for maintenance of common private stormwater facilities has been provided. (Attachments D - F) 10. The applicant shall submit complete building permit application for Phase II, the multi -family buildings, within five years of the final decision on the application for Site Plan and Design Review and Conditional Use Permit; a one-year extension maybe granted by the Director in accordance with the provisions of BIMC 18.105.100 and 18.108.070. a. The applicant shall apply BIMC 18.41.060, Design Guidelines for Multi -family Development in the R-8 and R-14 Zones, to the multi -family buildings in Phase II provided; that the guideline entitled "Screening Surface Parking" is satisfied by the 15 foot width full -screen vegetated buffer, shown on the site plans and conditioned through this report. The applicants shall seek a recommendation of approval from the Design Review Board regarding the multi -family portion of the site prior to construction of Phase II, the multi -family buildings. Conditions specific to the multifamily development will be reviewed as part of the Phase II multi -family construction plans. 11. Prior to any construction activities, appropriate permits, including but not limited to right-of- way permits and license agreements, road approach permits, clearing, grading, and building permits, shall be obtained from the City. This item is noted on the final plat drawings. 12. Except for modifications reflecting compliance with these conditions of approval, the completed development shall substantially conform to the preliminary subdivision drawings pages 1-8 received December 30, 2010, and pages 9-10 received March 17, 2011, plan sheet AS2.1, and the landscape drawings received June 30, 2010. The final subdivision drawings shall depict individually the buffer, building setback, and open space setback from the ravine. Upon final plat submittal, the applicant shall submit landscape and civil drawings that reflect these conditions of approval; the drawings shall show the location and, as applicable, provide detail of the bicycle facilities, the bus shelter, solid waste facilities, mailboxes, neighborhood garden area, and recreation area facilities including the play structure. The final drawings may reflect changes, such as those related to utility easements, parking facilities, and pedestrian facilities, as conditioned through this approval. The final subdivision drawings adequately depict buffers, building setbacks, open space setbacks, parking facilities, the community garden and recreation area, and easements for the bus shelter, pedestrian trail facilities and utilities. I lousii)g RCSOUI-CC'S BUaI'(] / FerncIifPViIIagc- HD1)F' FSUB15540 Page 4 of 1 1 13. If a school impact fee is in effect at the time of building permit issuance, it shall be the responsibility of an applicant constructing the residential unit to pay the school impact fee (BIMC 15.28). This item is noted on the final plat drawings. 14. At time of building permit application, the applicant shall submit outdoor lighting plans that demonstrate compliance with BIMC 15.34, Outdoor Lighting on Public and Private Property. Freestanding lighting shall have a maximum height of 14 feet including the base and casing. This item is noted on the final plat drawings. 15. Construction shall conform to the Department of Ecology Western Washington Stormwater Manual and the City of Bainbridge Island Design -and Construction Standards. Public and private improvements, facilities, and infrastructure, on and off the site that are required for the subdivision, shall be completed and have final inspection and approval prior to final plat approval. The applicant shall comply with the following conditions to the satisfaction of the City Engineer: a. A Transportation Facility Certificate of Concurrency has been issued for this project in accordance with provisions contained in BIMC 15.40. Acceptance by the applicant of this preliminary plat approval shall constitute agreement in writing to construct and install all street improvements and make necessary dedications as conditioned. All dedications shall be shown on the final plat. All dedications, including the public trail, right-of-way and public stormwater facilities, are shown on the final plat drawings. b. The applicant shall provide a 30 -foot width right-of-way dedication from the existing center line along the entire length of the property's Ferneliff Avenue frontage, including any areas previously dedicated. The appropriate dedication is shown on the final plat drawings. c. The development shall provide, at a minimum, ten -foot width non -motorized public trail right-of-way/trail easements as depicted in the preliminary subdivision drawings. The public trail system connecting Ferneliff and Cave Avenues shall be constructed or assured prior to final plat approval; an assurance device shall provide for construction within two years of final plat approval. The appropriate public trail easements are shown on the final plat drawings. In lieu of an assurance device to provide for completion of the trail, the City accepts the Bainbridge Island Municipal Parks District appropriation of $5,000 in materials, as well as Parks District staff time, to help develop the trail. (Attachment D) i. The trail shall be constructed to provide no less than a five foot width surface, and shall consider accessibility. The Housing Resources Board has submitted a construction permit application for the trail facility which is currently under review (BLD15540CLR). ii. A contrasting, nonskid surface shall be installed where the trail crosses the roadway. The road bed is constructed of a contrasting, non-skid surface where crossed by the trail. iii. The final plat drawing and civil plan shall be revised to align the trail where it intersects the roadway to provide a minimal crossing area. The final plat drawings reflect this condition. I10USing ReSOUrces Board / Ferncliff Village HDDP FSUB 15540 Pape 5 0l' I 1 iv. A path no less than three feet in width shall provide a connection between Lot 25 and Tract F to provide access to the public trail and recreation facilities. This path shall consider accessibility. The internal path is depicted on the final plat drawings. d. The development shall provide, at a minimum, a ten -foot width non -motorized public trail right-of-way or trail easement along the west property line from the north property boundary to connect to the Cave Avenue right-of-way. The appropriate easement is shown on the final plat drawings. e. Vehicular access to the development shall be limited to a one-way public street with ingress/egress via Ferncliff Avenue. The roadway shall meet the Residential Optional Suburban Street Standard. The roadway directional signage is assured (Attachment D). The roadway meets the applicable street standard. i. The roadway shall be located within a minimum 20 foot width dedicated right-of-way, and shall include a 12 foot width paved driving surface and three foot width gravel shoulders on each.side. The appropriate right-of-way dedication is depicted on the final plat drawings. The 12 foot width paved roadway surface is installed. Gravel shoulders have been placed in most areas; where the shoulder areas will be replaced with parking spaces, the shoulder improvements are assured (Attachment D). ii. Where feasible with regard to stormwater facilities, raised curbs shall define the entrance to the multi -family parking lot from the internal public roadway, define the ends of the multi -family parking lot aisle, and, if applicable, define pedestrian walkways from the internal roadway to the multi -family buildings. Conditions specific to the multifamily development will be reviewed as part of the Phase II multi -family construction plans. iii. Pedestrian walkways shall be provided to assure safe access from the parking area serving the multi -family buildings and to single-family residences where the associated parking is not located on the lot it serves. Walkways shall be surfaced with nonskid hard surfaces. Construction of pedestrian walkways serving the single-family residences is assured (Attachment D). Where associated parking is not located on the lot it serves, occupancy permits shall not be granted until the walkways are constructed. iv. Where pedestrian walkways and/or trails cross vehicular driving lanes, the walkways shall be constructed of contrasting materials. Trail crossings have been paved with concrete in contrast to the hot mix asphalt. v. The roadway shall provide a minimum of three turnouts. While "standing" is permitted, "parking" is not permitted in the turnouts. The turnouts shall be appropriately signed. Three turnouts have been installed. Signage for the turnouts is assured (Attachment D). vi. Mailboxes for the entire development shall be located at the turnout nearest the ingress from Ferncliff Avenue. Due to unanticipated postal delivery regulations, the mailboxes have been relocated from the turnout in Tract C to the turnout adjacent to Lot 9. Ho.ising kesotirces Board ! Ferncliff Village HDDP FSU [;15540 Page 6 of I I vii. Parking spaces shall meet the design standards of BIMC 18.81. Parking space dimensions shall not extend onto the shoulder areas. The final plat drawings depict parking areas adequate for the development. The parking space dimensions will be reviewed with the individual building permits. viii. The roadway shall be designed to accommodate the weight of a 65,000 -pound fire apparatus. Pervious materials are permitted as long as applicable design specifications are met and the edges of the shoulders are clearly visible. The Fire Marshal has approved the final subdivision. The Fire Marshal has approved the final plat as noted.. Assured items shall require final inspection and approval by the Fire Marshal prior to issuance of any certificate of occupancy. (Attachments C, D) ix. The roadway and shoulders shall provide a minimum 13'6" overhead clearance. The roadway provides adequate clearance. x. The entire length of the roadway shall be marked as a fire lane: No parking shall be permitted on the roadway or shoulders. Fire lane signage is assured (Attachment D). No certificate of occupancy shall be issued prior to installation. xi. Construction and signage shall be to the satisfaction of the Fire Marshal. The Fire Marshal has approved the final plat as noted. Any items assured shall require final inspection and approval by the Fire Marshal prior to issuance of any certificate of occupancy. (Attachments C, D) f. The applicant shall provide a new fire hydrant on the southeast portion of the internal road at its intersection with Ferncliff Avenue to the satisfaction of the Fire Marshal. New hydrants shall be equipped with a 4" Storz fitting on the pumper port. Hydrants have been installed and approved by the Fire Marshall (Attachment Q. g. Water and sanitary sewer main extensions not located in public rights-of-way shall be located in easements no less than 15 feet in width. On-site main extensions shall be publicly owned and maintained; all mains shall allow access for maintenance. All water and sanitary sewer main extensions are located in the public right-of-way or within easements. h. Prior to final subdivision submittal, the applicant shall submit complete civil plans and drainage report for the proposed development to the City Engineer and the Department of Planning and Community Development for review and approval. The design shall be prepared by a Professional Engineer licensed in the State of Washington, and shall be in accordance with BIMC 15.20. Low Impact Development (LID) practices for stormwater mitigation must demonstrate compliance with BIMC 15.20.050. i. The plans shall depict all required improvements, and shall include roadway details and profiles, sanitary sewer, water, utility and storm drainage facilities, including easement location and dimensions. The required improvements are depicted in the approved civil plans (City File No. PU15540) and the utility plans submitted with the final plat application. ii. The plans shall address grading, erosion and sedimentation control and include a Stormwater Pollution Prevention Plan (SWPPP). The Stormwater Pollution Housing Resources Board ! FerncIit'i'ViIlu,(Ie I IDDP FSUBI5540 PtEge 7 of I i Prevention Plan was submitted with the approved civil plans (City File No. PU15540). iii. The plan shall depict significant trees required to remain for the completed development; easements shall be located to avoid impacts to significant trees that will be retained. Prior to any construction activities, the applicant shall apply for a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit. The applicant obtained the required permit. j. Prior to final subdivision approval, the applicant shall provide an Operations and Maintenance Plan and Declaration of Covenants approved by the City Engineer for all constructed stormwater facilities in accordance with BIMC 15.21. The applicant provided the required documents. k. Prior to final subdivision approval and prior to construction, the applicant shall provide a drainage easement for stormwater facilities on the adjacent property (Winslow ravine stream). The applicant provided the easement document. I . Blndliig water a'JaI auiliL— and sewer ava2iauIII ieUers shall ue SUVILAiitted vJiux fiiiai l at application. The applicant submitted binding availability letters. in. All lot corners shall be staked with three-quarter inch galvanized iron pipe and locator stakes along with all other applicable survey provisions of state and City ordinance. Perimeter monuments and street surface monuments are installed. To avoid disruption of stakes during construction, staking of lot corners is assured (Attachment D). n. A plat certificate shall be provided with the final subdivision application. A plat certificate has been provided. o. BIMC 17.04.119 provides: In lieu of completion of improvements with conditions of a preliminary plat approval, the City Council may accept an assurance device, other than a bond, in an amount and in a form determined by the City Council, which secures and provides for the construction and installation of improvements or the performance of conditions within one year, or such additional time as the City Council determines is appropriate after final plat approval. In addition, the City Council shall require an assurance device, including a bond, securing the successful operation of improvements for one year after the City's acceptance of the improvements; provided, that the City Council may, upon recommendation of the City Engineer or the Director, extend the term of the assurance device for up to two years for improvements that will not demonstrate compliance with construction or installation requirements within one year. In the event an assurance device is provided in lieu of completion of improvements, a prominent note on the face of the final subdivision shall state: "The lots created by this subdivision are subject to conditions of an assurance device held by the City for the completion of certain necessary facilities. Building permits may not be issued and/or occupancy may not be allowed until such necessary facilities are completed and approved by the Cit} of Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion of the necessary.facilities. " The City Engineer reviewed and approved the final � I<xEsiii- g RCSOL rtes H50drCl / fTHICIiff ViIla"c I IDf)P F UB , 40 page 9 of 1 1 subdivision (Attachment. A). Required facilities are completed or assured and the final plat mylar contains the assurance notation (Attachment D). 16. The building setbacks are as follows and shall be noted on the final subdivision: Building to building: Minimum 0 feet* Building to subdivision boundary: Minimum 5 feet Building to right-of-way Minimum 10 feet Building to trail / open space: Minimum 10 feet *Subject to Building Official and Fire Marshal building permit approval. This item is noted on the final plat drawings. 17. The total available lot coverage of 65,000 square feet for the development shall be allocated on the face of the final plat. The final plat shall reflect maximum lot coverage of 1,600 square feet per lot for Lots 1 — 24 and 26,600 square feet for Lot 25; the allocation shall include lot coverage for the bus shelter and covered bicycle facilities. This item is noted on the final plat drawings. 18. The maximum building.height of multi -family buildings in Phase II is 30 feet; the maximum height of all other buildings and structures is 25 feet. This item is noted on the final plat drawings. 19. A minimum of 24 bicycle stalls shall be provided to serve the development. A minimum of 16 covered bicycle stalls shall be located to provide primary service to the multifamily units. The remaining 8 stalls shall be located to within close proximity to the public trail. Stalls may be located in open space tracts. All bike facilities shall provide for secure locking of both the frame and the wheels. The location of the bike facilities required for the first phase of development is shown on the final plat drawings. Installation of bicycle facilities for phase I is assured (Attachment D). Conditions specific to the multifamily development will be reviewed as part of the Phase II multi -family construction plans. 20. Prior to issuance of any building permit, applicant shall plant the 15 foot width buffer areas along the north and east boundaries to, at a minimum, full screen standards (BIMC 18.85.070.B.1). Plantings shall be installed or assured prior to final plat approval; an assurance device shall provide for installation within one year of final plat approval, and a maintenance device provided in accordance with BIMC 18.85. Installation of stormwater elements within the east buffer remain incomplete, the required planting area associated with the east buffer is reconfigured, as discussed under Conditions 8 above, and site preparation for Phase II has not commenced; therefore, building permits for Phase I will be issued prior to landscape installation. Planting for the north and east boundaries is assured (Attachment D) and a landscape maintenance device will be required upon completion of installation. 21. Landscape buffers shall be maintained in conformance with the required vegetated screen standards. No vegetation within the buffers shall be disturbed without approval of the Department of Planning and Community Development through an approved landscape, clearing, grading, or civil plan. This item is noted on the final plat drawings. HousiIW KcsoLnrces Boq rd / I-erncIiIf' VIIk(ige I IDDP I'S(. 'SUR] 5540 Page 9 of I 1 22. Prior to any construction activity, construction fencing shall be installed in such a manner as to protect the drip line of significant trees and native vegetation within open space areas and buffers. This item is noted on the final plat drawings. 23. Significant trees designated for preservation shall be shown on the final subdivision. A minimum of 30 percent of the existing significant tree canopy on the site, or 15 percent of the existing significant trees on site at time of preliminary plat application, shall be retained. No building, clearing or grading within the critical root zone of a significant tree designated for preservation shall occur without a report from a consulting arborist indicating how the tree will be preserved. If any significant trees are determined to be hazardous by a professional arborist; they may be removed after a replanting plan has been approved by the Department of Planning and Community Development. All significant tree and tree stands located in the perimeter landscape buffer areas must be maintained in accordance with the provisions of BIMC 18.85.060. The significant tree retention areas are depicted on the final plat drawings. The appropriate provisions for significant tree removal in these areas are noted on the final plat. As discussed under Condition 8 above, the significant tree retention areas in Tr acts A, B and E were modified from those depicted in the preliminary plat drawings to accommodate installation of roadway, utility, stormwater and parking facilities. The significant tree retention area associated with Tract B is reconfigured, eliminating the areas dedicated to rain gardens and adding an area equal in size immediately adjacent to Tract B and centered on the public trail. Portions of significant tree retention areas in Tracts A and E have been replaced with an area equal in size within Tract A. Replanting for both of the replacement areas, designated "retained and replanting areas" on the final plat, is assured (Attachment D). [Attachment H , Sheet 12/12] 24. A final Open Space Management Plan she be submitted with the final plat application. The approved uses in the final Open Space Management Plan (OSMP) shall comply with the requirements contained in BIMC 17.04 and BIMC Title 18. Due to the geologically hazardous nature of the open space areas, the final OSMP must reflect allowed uses in Tract F, including provisions for stormwater conveyance and vegetation requirements of BIMC 16.20. Stormwater systems in substantial conformance with the preliminary civil drawings shall be permitted in the open space areas. The OSMP shall provide for use / maintenance of the bus shelter, recreational area, play structure(s), "pea patch" and any bicycle storage facilities located therein. The OSMP complies with the provisions of BIMC 17.04, Title 18 BIMC 16.20. The plan provides for stormwater facilities in substantial conformance with the preliminary plat, recreational use, the community garden and the bus shelter use within designated open space areas. (Attachment G) 25. Conditions 1 — 3; 7 if assured; applicable portions 8; 11; 13; 14; applicable portions of 15; 16 — 18; 20 if assured; and reference to landscape / vegetation requirements contained in 21 — 24 shall be listed on the final plat mylar. The appropriate conditions are listed on the final plat mylar. HousiigRe.ices Bwvcl lcruo1iffV11hc HI)EV ISUB15540;I'agc-I0 oi, 1 1 Attachments: A. City Engineer Approval B. Kitsap County Health District Approval C. Bainbridge Island Fire District Approval D. Plat Improvement Performance Assurity (Assignment of Account) E. Declaration of Covenant (Maintenance & Operation of Private Storm Drainage Facilities) F. Maintenance Bond (for completed infrastructure improvements) G. Open Space Management Plan H. Final Subdivision Drawings 1-Iousing Resources floard / }-'cr-,icIifTVIIlage 1ADDP FSUB15 540 Pa��,e 11 of l I _ City of Bainbridge Island Department of Planning & Community Development 280 Madison Ave. N. Bainbridge Island, WA 98110 (206) 842-2552 www.ei.bainbridge-isl.wa.us To: Kelly Tayara, Planner From: Janette Hitch, Development Engineer Date: November 8, 2011 Re: FSUB — HRB/Ferncliff Village Related Application Number: Development Engineer Project Review FSUB15540 Under the authority of the City Engineer, the Development Engineer in the Planning Department has reviewed the above referenced permit application as required by RCW 58.17.160; BIMC 17.04.110 AND BIMC 17.04.113 and recommends: APPROVAL of the final subdivision application. MA city approved assurance device is on file with the Planning Department for the following improvements: 1. Bus Shelter 2. Crosswalk 3. Landscaping for Bus Shelter 4. Public Trail 5. Recreation Facilities 6. Mailboxes 7. Signing — Fire Lane, Street, Open Space, Turnout 8. Lot Corners and Monumentation 9. Bicycle Stalls 10. Tree Buffer — North and East 11. Storm Swale 12. Gravel Shoulders 13. N/S Pathway 14. Bioswale between tots 17 and 18 15. Rain Garden Rockery 16. Detention Pond Landscape 17. Rain Garden Plantings ATTACHMENT A 3603375291 ) 40 KITSAP COUNTY HEALTH D I S T R I C T 03:57:52 p.m. 09-27--2011 2/3 SCOTT W. LINDQUIST, MD, MPH, DIRECTOR 345 61h Street, Suite t130D Bremerton, WA 98337.1886 (360) 337-5285 Fax (360) 337.5291 PLAT APPROVAL SHEET CITY OF BAINBRIDGE ISLAND COMMUNITY DEVELOPMENT 280 MADISON AVENUE NORTH, BAINBRIDGE ISLAND, WA 98110 DATE OF SUBMITTAL: 91 a \ APPLICATION/SHORT PLAT NO: I !-:s 1�0 NAME- Fr -,r- rNcA- -q._\ PARENT TAX ID NO. O -D 21-\2,1---)Ut)3 Water Supply; Preliminary Approval By: Date: Final Approval By:M-&� I ��— f _( Date: c� 2,-� U� Denied By: Date: On -Site Soils: Preliminary Approval By: Date: Final Approval By: Date: Denied By: Date: Sewer Preliminary Approval By: Date: Final Approval By: Date: a% -2.1 Denied By: W Date: Soil Descriptions/Comments Parcel A Parcel B Parcel C Parcel D COMMENTS: K:\L•H\onsite\Appltcations and Forms\In-house forms\l-Plat Appmval Sheet • COBI,doc Individual parcels as building sites, are dependent upon building permit approval conforming to Health District standards. Approval of this subdivision does not constitute approval of individual lots Sff 2 7 2011 ATTACHMENT B Bainbridge Island Fire Department November 8, 2011 TO: Kelly Tayara, Planning Department FR: Assistant Chief Luke Carpenter, Fire Marshal RE: HRB/Ferncliff FSUB 15540 The submittal has been reviewed resulting in the following comments: 1. New hydrants have been inspected and appear to be acceptable for service. 2. The one way road has been completed to the satisfaction of the City Engineer and appears adequate for to serve the residential dwellings. The roadway and related shoulder facilities will be reviewed at time of building permit as driveways are installed to assure compliance with the adopted Fire Code. 3. The proposed fire sprinkling of the multi -family buildings is noted. 4. The Fire Department HIGHLY recommends that all residential dwellings be equipped with fire sprinklers. 5. The project shall be in accordance with the adopted Fire Code. 6. Cont ©ti4 ? si l b to 44-IM0 a 0 o il�e Fire IVlarsh l.F NOT 0 COMPLETED. OKAY TO POST BOND FOR INCOMPLETE ITEMS. IMPROVEMENTS TO BE COMPLETED PRIOR TO FIRST CERTIFICATE OF OCCUPANCY. ATTACHMENT C t ASSIGNMENT OF ACCOUNT City of Bainbridge Island, 280 Madison Avenue North, Bainbridge Island, WA 98110-1812 Phone 206-842-2016 FAX 206-780-3710 NOTE TO ASSIGNOR: This account cannot be released, in full or in part, unless expressly approved by the City of Bainbridge Island, Planning and Community Development Department. This assignment is in lieu of completion of required subdivision improvements associated with the development known as Ferncliff Village and for the purpose of fulfilling the performance assurance requirement of BIMC 17.04.119 in accordance with the cost estimate included as Attachment A. The undersigned does hereby assign, transfer and set over unto the City of Bainbridge Island all right, title, and interest in and to $ 47,996.40 { Forty seven thousand nine hundred ninety-six and 40/100 Dollars) of Account No. 08021002837 in the Liberty Bay Bank with full power and authority to demand, collect, and receive said deposit and to give receipt and a quittance therefore for the uses and purposes prescribed by said BIMC 17.04.119 as surety for the work authorized by Bainbridge Island Subdivision Permit File No. FSUB 15540 for which the undersigned has applied. It is understood and agreed that LibeAY Bay Bank holds the said checking account or time deposit in its possession and agrees to hold $ 47 996.40 until a release of this assignment is received from the City of Bainbridge Island. In the event that the undersigned fails to faithfully, perform all obligations and agreements of above stated Subdivision Permit in a timely manner the deposit will be released to the City of Bainbridge Island after 30 days notice on demand and with no other conditions of release. The undersigned represents and warrants that the above-described account is owned solely by the undersigned and is free and clear of all liens and encumbrances, and that the undersigned has full power, right, and authority to execute and deliver this assignment. If the account requires a passbook or other medium evidencing ownership, such medium has been delivered and is assigned and pledged to the City. The undersigned acknowledges that the above assignment was complete, with all blanks filled in, prior to execution of this document. Any penalty arising from a demand for payment by the City from the bank shall be assessed solely against the Assignor. C:\Users\LisalAppData\Local\Microsoft\Windows\Temporary Intemet Piles\Content.outlook\EYJWM78Z\A, ATTACHMENT D Rev 03/2008 Signed and dated at at^ l , Washington, this d day of 2011. A�L gx�L�—' Signature of Depositor Address ACCEPTANCE - To be completed by bank personnel The undersigned hereby accepts the foregoing assignment of account or time deposit and agrees to hold4he fun until an authorized release is received by the City of Bainbridge Island. 1U re of Bank Officer and Title Date Bank Address Branch MO 399-1153 City Stat Zip Code Phone Number NOTARIZED SIGNATURE OF AUTHORIZED BANK PERSONNEL Subscribed and sworn to before me this date:. and for t*,08tate of Washington Residing at My commissi" on expires Notary Public State of Washington JEREMY ExEY My appointment Expires Fab 7, 2015 C:\Users\Lisa\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\) YJWM78ZULssign of Acct - Ferneliff (2).doc Rev 03/2008 Routing: Original to Vault Copy to Finance Dir. Copy to Project File Exhibit A Assured Plat Improvements Ferncliff Village FSUB15540 Source: Central Highlands Estimate Documentation, revised 10/31/2011 Transportation Facilities Public Trail $ 7,000.00 Less: BIPRD Funds (5,000.00) Bus Shelter 4,200.00 Less: Reduction for percentage of completion 50% (2,100.00) Landscaping 500.00 Bicycle Stalls* 400.00 Crosswalk Facility (Ferncliff) 1,525.00 ADA Ramp 2,579.00 Gravel Shoulders 500.00 Fire Lane Signage (20) 895.00 Turnout Signage (3) 78.00 _ Transportation Total $ 10,577.00 Recreational Facilities Playground Equipment* 7,145.00 Open Space Signage 460.00 Pedestrian trail (Common to Lots 14, 15, 18 & 19) 280.00 Recreation Total 7,885.00 Water Management / Landscaping Facilities* Detention Pond (Tract C) 647.00 Storm Swale (Common to Lots 9 - 24) 708.00 Bio Swale (Common to Lots 18 & 19) 315.00 Rain Garden (Tract F) Rockery (Common to Lots 9-14) 4,590.00 Pedestrian path from parking area (FBO Lots 10-13) 21700.00 Landscaping 565.00 Tract B and attached significant tree retention area Rain Garden Landscaping (Tract B) 200.00 East Buffer (incl attached Sig tree retention area) planting 2,796.00 Less: Reduction for percentage of completion 50% (1,398.00) Rain Garden Landscaping (Tract D) 642.00 North Landscape Buffer Planting & mist infill in open space areas 2,273,00 Water Mgt / Landscape Total 11,765.00 Miscellaneous Facilities Mailboxes* 2,997.00 Survey Monuments (Lot Corners) 4,500.00 Miscellaneous Total 7,497.00 Grand Total $ 39,997.00 Assurity Total (120%)l $ 47,996.40 *To serve Phase I of development City of Bainbridge Island Department of Public Works 280 Madison Avenue N. Bainbridge Island, WA 98110 Declaration of Covenant Associated with Maintenance and Operation of Storm Drainage Facilities Grantor: Housing Resource Board Grantee: City of Bainbridge Island Legal Description SE 1/4 NW 1/4sec 26 T 25 N R 2E W.M. Additional Legal: Attached exhibit A Assessor's Tax Parcel #: Attached exhibit B Whereas the city of Bainbridge Island, a political subdivision of the State of Washington, has rights under city ordinances, codes, and Washington State statutes to regulate storm water drainage, and The City of Bainbridge Island, Department of Public Works has issued a permit number FSUB15540 and PU15540 for the development known as Ferncliff Village which contains on-site stormwater facilities. The Grantors, hereinafter known as the owner(s) of the real property situated in the City of Bainbridge Island, State of Washington, and legally described as follows: The owner(s), their heirs, successors or assigns, hereby covenant and agree that: 1. The City of Bainbridge Island, or its. designee, shall have the right to ingress and egress over the above described property for the purpose of inspecting, sampling and monitoring stormwater facility components and discharges. 2. If, at any time, the City of Bainbridge Island reasonably determines that maintenance or repair work is required to be done to the existing and accepted stormwater facilities installed on the property described above (which will mean repair or clean out existing facilities only to the same standards as originally installed and accepted), the COBI City Engineer or his/her designee shall give the Owner(s) seven (7) days' notice that the City intends to A'T'TACHMENT �+ •_g perform such maintenance or repair work, or to have them performed by others. If the owner(s) have not completed or are not diligently pursuing the maintenance or repair work to the facilities and it becomes necessary for the City to perform the work, the Owner(s) will assume responsibility for the cost of such maintenance or repair work and will reimburse the City within thirty (3 0) working days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. 3. If, at any time, the City reasonably determines that the existing and accepted stormwater facilities installed on the property described above poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of public way, due to failure, damage or non -maintenance, and that the situation is so adverse as to preclude written notice to the Owner(s), the City Engineer may take the measures necessary to eliminate the hazardous situation (which will mean repair or clean out of the existing facilities only to the same standards as originally installed and accepted), provided the Director, or his/her designee, has first made a reasonable effort to locate said Owner(s) before acting. The Owner(s) will assume responsibility for the cost of such maintenance or repair work and will reimburse the City within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. 4. The Owner(s) will keep the City informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities. 5. The Owner(s) agree to hold harmless and indemnify the City or its designee from any and all claims arising from any activity the City undertakes on the property described above if it becomes necessary for the City to conduct maintenance or repair work. These covenants are intended to protect the value and desirability of the real property described above, and to benefit all the citizens of the City of Bainbridge Island. They shall run with the land and be binding on all parties having or acquiring from the Owner(s), their heirs, successors or assigns, any right, title or interest in the property or any part thereof. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all the citizens of the City of Bainbridge Island. Ken Balizer, Executive Director Housing Resources Board (Owner) Ib[,?- I I //. Date MAINTENANCE BOND Bond No. WAC 4 7113 WHEREAS, Talbot Excavating Co LLC , hereinafter referred to as "the Principal", has constructed and installed certain improvements in connection with a project know as Ferncliff Village on a site located at. Ferncliff Avenue, within the City of Bainbridge Island, hereinafter referred to as "the City"; and, WHEREAS, in order to provide security for the obligation of the Principal to repair or replace any improvement(s) which prove(s) defective within two year(s) of acceptance of the improvement(s) by the City of Bainbridge Island and to enable the City to release the performance bond provided in connection with said improvements, this bond has been secured and is hereby submitted to the City. NOW THEREFORE, the undersigned Principal andmerr ants BondirIcA corporation authorized to transact surety business in the State of Washington, hereinafter referred to as "the Surety", agrees and band themselves, their heirs, execut, admini morsstrators and assigns, unto the City in the sum of Dollars ($a O A R _ n n ), lawful money of the United States, according to the following terms and conditions: 1. The Principal and Surety agree that in the event any of the improvements installed by the Principal or Surety pursuant to the above references plans, conditions and file fail to remain free from defects in materials, workmanship or installation, or in the case of landscaping, fail to survive, for a period of two (2) years from the date of acceptance of the installation by the City, then the Surety shall, within twenty (20) days demand of the City make a written commitment to the City that it will either: (a) remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City, or (b) tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. The Surety shall then fulfill its obligations under this bond, according to the option it as selected. If the Surety elects option (b), then upon completion of the remedy the City shall notify the Surety of the actual costs of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceed the City's estimate, limited to the bond amount. 2. If the Principal fails to make repairs or provide maintenance within the time period requested by the City, its employees and agents are hereby authorized to enter onto said property and to perform such work. This provision shall not be construed as creating any obligation on the party of the city of its representatives. ATTACHMENT F 3. In the event any lawsuit is instituted to enforce the terms of this bond or to determine the rights of any party hereunder, the prevailing party is such litigation shall be entitled to recover from the losing party its costs, including reasonable attorneys' fees, incurred as a result of such lawsuit. 4. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or the Principal. DATED this _ 27th day of Oct 92011 Talbot Excavating Co LLC Countersigned: rincipal Merchants Bonding Co (Mutuall Residing Agent Sure PfifirSuretyName/Die John F Criss Attorney -in -Fact STATE OF WASHINGTON ) )ss COUNTY OF V141 -0--,e _ ) On this 2� day of �C�� 24 personally appeared before me �,r 1 t t �j to me known to be the individual(s) described 4A and who executed the within and foregoing instrument and acknowledged that he/she signed the same free and voluntary act and, deed, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereto set my hand and affixed by official seal the day and year first above written. OTARV Feb 17 2815 Ql �i cto NO' PUBLIC fn d for the St a of Washington, residing ati�z'�lYl`����' My Commission expires: 01 n-k�5 2 ACCEPTED BY: CITY OF BAINBRIDGE ISLAND B Date: Approved as o Form: 1 City Attorney STATE OF WASHINGTON ) }ss COUNTY OF WS ) On this day of i� 1)-\t , 20 ,personally appeared before me w-ty &a- 0(/w env" to me known to be the. individual4 described in and who executed the within and foregoing instrument and acknowledged that heAhe signed the same free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereto set my hand and affixed by official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at 0 Itt 0 Kra. _ .��E%& l, My Commission expires: 019810V p ., co � � �< @UG ���+� r�'ASHtIAO .�`�� Plat of Ferncliff Village City of Bainbridge Island Open Space Management Plan Application File No. 15540 DATE: October 21, 2011 APPLICANT: The Housing Resources Board PO Box 11391 Bainbridge Island, WA 98110 OPEN SPACE OWNERSHIP AND MANAGEMENT ENTITY: Private ownership and management by the Ferncliff Village Homeowners Association, The Homeowners Association shall be responsible for the maintenance of the Open Space in accordance with the Open Space Management Plan. APPROVED USES WITHIN OPEN SPACE AREA 1. Formal and informal passive recreation, including pervious trails. 2. Planting of native vegetation. 3. Planting of non-invasive, non-native vegetation except in designated community garden. 4. Removal of invasive vegetation. 5. Construction and maintenance of storm drainage systems and underground utilities within the easement areas delineated on the plat. 6. Low impact fencing or signs marking the open space boundary. ATTACHMENT G Page 2 Ferncliff Village Open Space Management Plan 7. Active recreation uses consistent with BIMC 17.04.082.{G}6. 8. Agricultural uses and fencing necessary for animal control, excepting those agricultural uses that require permanent buildings. 9. Construction, maintenance and use of a bus shelter and bicycle storage facility. LIMITATIONS 1. Buildings are not permitted within any open space areas except a bus shelter structure, bicycle storage facilities and structures allowed under item 8 above. 2. Existing vegetation shall be retained and maintained except for City -approved utilities, and trails and except for hazard trees approved for removal utilizing the procedures outlined in BIMC Chapter 18.85. Significant trees approved for.removal shall be replaced by trees of similar species. No cutting or clearing or other removal of existing and/or native vegetation shall be allowed in the designated Open Space except in areas designated for active recreation as provided for in item 8 above and within utilities easements. 3. No construction activities or staging shall be permitted in the Open Space areas except within designated easement areas. Prior to construction on each lot temporary chainlink fencing, orange construction fencing, or other construction fencing satisfactory to the Director, shall be placed around Open Space areas as required by the Director. Hazard trees within any Open Space area can and should be removed with the approval of the Director during the clearing and grading phase of construction. 4. Activities involving storm water conveyances, revegetation requirements and trail construction within the geological hazard area of Tract E shall be limited to the. Critical Areas Ordinance BIMC 16.20. 5. No building, clearing or grading shall occur in designated significant tree retention areas or within the root zone of significant trees designated for preservation, without a report from a consulting arborist and approval of the Department of Planning and Community Development. Page 3 FerncliffVillage Open Space Management Plan OPEN SPACE MAINTENANCE PLAN Open space areas shall be maintained by the Ferncliff Village Homeowners Association. Maintenance activities shall include, at a minimum, annual inspections of open space areas for compliance with the Open Space Management Plan. Prior to site development, open space areas shall, as necessary, be. protected to prevent damage during construction by the installation of temporary construction fencing or netting around the Open Space. Significant trees within the open space that become diseased, die or are determined to be a hazard to life or property may be removed and replanted following the procedure outlined in BIMC 18.85.060. Either a low impact fence (e.g., split rail) or signs delineating the boundary of the open space area shall be maintained along the boundary between the open space and the lots or right of way. If open space isnot maintained consistent with this Open Space Management Plan, the City shall have the right to provide the maintenance thereof, and bill the owner for the cost of maintenance. SIGNATURES he Housing Resources Boa Ken Balizer, Executive Director Date Page 4 Ferneliff Village Open Space Management Plan State of Washington County of Kitsap I certify that I know or have satisfactory evidence that Ken Balizer 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 and acknowledged it as the Executive Director of The Housing Resources Board, a Washington Non -Profit Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. cV p NOTARY PUBLIC in and for the State of Washington. h Y Print Name L P L Pv t-� Residing at`o My appointment expires A - 7A -w l2byj .� ; �� •.���� `}y� QF' WNS )JI�� ADMINISTRATIVE APPROVAL I have reviewed and considered the'proposed Open Space Management Plan consistent with the requirements and standards contained in Title 17 .of the Bainbridge Island Municipal Code. 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Qq Elk ¢. 3z aa° ________ � h + C M ^ — � r ,os = .r �w�s 8 ASSIGNMENT OF ACCOUNT City of Bainbridge Island, 280 Madison Avenue North, Bainbridge Island, WA 98110-1812 Phone 206-842-2016 FAX 206-780-3710 NOTE TO ASSIGNOR: This account cannot be released, in full or in part, unless expressly approved by the City of Bainbridge Island, Planning and Community Development Department. This assignment is in lieu of completion of required subdivision improvements associated with the development known as Ferncliff Village and for the purpose of fulfilling the performance assurance requirement of BIMC 17.04.119 in accordance with the cost estimate included as Attachment A. The undersigned does hereby assign, transfer and set over unto the City of Bainbridge Island all right, title, and interest in and to $ 47,996.40 ( Forty seven thousand nine hundred ninety six and 40/100 Dollars ) of Account, No. 08021002837 in the Liberty Bad Bank with full power and authority to demand, collect, and receive said deposit and to give receipt and a quittance therefore for the uses and purposes prescribed by said BIMC 17.04.119 as surety for the work authorized by Bainbridge Island Subdivision Permit File No. FSUB15540 for which the undersigned has applied. It is understood and agreed that Libert..y Bay Bank holds the said checking account or time deposit in its possession and agrees to hold $ 47.996.40 until a release of this assignment is received from the City of Bainbridge Island. In the event that the undersigned fails to faithfully, perform all obligations and agreements of above stated Subdivision Permit in a timely manner the deposit will be released to the City of Bainbridge Island after 30 days notice on demand and with no other conditions of release. The undersigned represents and warrants that the above-described account is owned solely by the undersigned and is -free and clear of all liens and encumbrances, and that the undersigned has full power, right, and authority to execute and deliver this assignment. If the account requires a passbook or other medium evidencing ownership, such medium has been delivered and is assigned and pledged to the City. The undersigned acknowledges that the above assignment was complete, with all blanks filled in, prior to execution of this document. Any penalty arising from a demand for payment by the City from the bank shall be assessed solely against the Assignor. C:\Users\Lisa\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.0utlook\EYJWM78Z\A: EXHIBI,h B Rev 03/2008 i f Signed and dated at , Washington, this k dayof 2411. Signature of Depositor Address city State Zip •d" ACCEPTANCE - To be completed by bank personnel The undersigned hereby accepts the foregoing assignment of account or time deposit and agrees to hold the fun until an authorized release is received by the City of Bainbridge Island. gwte of Bank Officer and Title Date _ �j q jl pj M 641 S �� _ hwu Bank Address Branch 6 4 (3�6) 399 - city Stat Zip Code Phone Number NOTARIZED SIGNATURE OF AUTHORIZED BANK PERSONNEL Subscribed and sworn to before me this date: A* and for tjaer*�tate of Washington Residing at My co fission expires Notary Public State of Washington AREMY E'KEY My Appointment Expires Feb 7, 2015 C:\Users\Lisa\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.outlooic\EYJWM78Z\Assign of Acct - Ferncliff{2},doe Rev 03!2008 Routing: Original to Vault Copy to Finance Dir. Copy to Project File Exhibit A Assured Plat Improvements Ferncliff Village FSUB15540 Source: Central Highlands Estimate Documentation, revised 10/31/2011 Transportation Facilities Public Trail Less: BIPRD Funds Bus Shelter Less: Reduction for percentage of completion 50% Landscaping Bicycle Stalls* Crosswalk Facility (Ferncliff) ADA Ramp Gravel Shoulders Fire Lane Signage (20) Turnout Signage (3) Transportation Total Recreational Facilities Playground Equipment* Open Space Signage Pedestrian trail (Common to Lots 14, 15, 18 & 19) Recreation Total Water Management / Landscaping Facilities* Detention Pond (Tract C) Storm Swale (Common to Lots 9 - 24) Bio Swale (Common to Lots 18 & 19) Rain Garden (Tract F) Rockery (Common to Lots 9-14) Pedestrian path from parking area (FBO Lots 10-13) Landscaping Tract B and attached significant tree retention area Rain Garden Landscaping (Tract B) East Buffer (incl attached Sig tree retention area) planting Less: Reduction for percentage of completion 50% Rain Garden Landscaping (Tract D) North Landscape Buffer Planting & misc infill in open space areas Water Mgt / Landscape Total Miscellaneous Facilities Mailboxes* Survey Monuments (Lot Corners) *To serve Phase I of development Miscellaneous Total 7,000.00 (5,000.00) 4,200.00 (2,100.00) 500.00 400.00 1,525.00 2,579.00 500.00 895.00 78.00 7,145.00 460.00 280.00 647.00 708.00 315.00 4,590.00 2,700.00 565.00 200.00 2,796.00 (1,398.00) 642.00 2,273.00 2,997.00 4,500.00 $ 10,577.00 7,885.00 11,765.00 7,497.00 Grand Total $ 39,997.00 Assurity Total (120%)l $ 47,996.40 I I LAU Cll h ry pppm w CQ 61 0 'Q. .�. ,;. 6 �•�. .�m. x q. .. gym' c$ Ah W $ ..c5 � _ � � a� _ NO a �" x¢'iT C•3 Sc$ h. �,. - ��-.� C34e _ " m z4 $ $s N In, o> •� �� ��e%i��� s $�� �iag�aay oe ��og •: X'�. -0 4 �a ° o�$..�V wko Asa $ p u € �-' ci Gq F' a ... $ ��•`X'k.. �k�b€ "'.�35� ...e3�e� p o o'. �' M - - WIN - yQ5 to E 07 •, .y �S $Y§ $8rg °b gY - b�$�e' £ Y�iY - � ��a3 �Sosg EN g+.fi ,��•. � o Brag�sS = titsBel - 'g�oP$6"; $'fie Q$��• 5$8-$6 u g +A-. 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