2010 06 11 Smith Responses to Yelm Discovery_Page_001� �� � � � ��► Mw�� � � i
THIS AGREEMENT, Made as of
March 24,2008
Between the Owners: Andy and Cindy Smith
15339 105'h Avenue SE
Yelm, Washington 98597
And the Contractor: Triance
4200 0 Ave. SE Suite 301
Lacey, WA 98503
For the Project., 10756 Palisades Street
Yehn, Washington 98597
ARTICLE 1. CONTRACT DOCUMENTS
1.1 The contract documents consist of this agrceinent, construction documents, specifications,. allowances, all
addenda issued pr i 6r M execution of this agreement and all change orders or modifications issued and agreed to by
both parties. All the documents noted in herein shall be provided to Contractor by Owner. The Contract represents
the entire agre6nichts-1 both parties and supersedes any prior oral or written agreement.
ARTICLE 2. SCOPE OF WORK
2.1 The Owner agrees to pay and the Contractor agrees to build the above mentioned
fixtur
- �� -4 residence and es
i
attached thereto n WA according to the plans, drawings, addenda, modifications and specifications set forth
in the architect plans & spec's.
ARTICLE 3. TIME OF COMPLETION
3.1 The Pr*ctc.4 completion date is approximately 120 days from the first day of construction, however any
change orders hn&or unusual weather might delay or otherwise effect the completion date.
ARTICLE 4. THE CONTRACT PRICE
4.1 The purchase price of the home (carriage house) shall be set at the sum of Three Hundred and Twentv
Nine Thousand Thi'- Hundred and Fifty Dollars ($329,350.00), i to additions and deductions pursuant to
authorized change lbed'drs purchase price above includes state and local sales tax.
4.2 The Owner and the Contractor acknowledges that the Owner has paid f$40.000), to Triance before
construction b8gins as'al deposit and part of purchase price of the project,
ARTICLES. PROGRESS PAYMENTS
5.1 The owner/lender will make payments to the contractor as outlined by the lending institute and as agreed
upon the contractor.
5.2 If payment is not received by Contractor within 10 days after receipt of demand for work satisfactorily
comPleted, contractor shall have the right to stop the work r terminate the contract at its option,
Ternllnaflori�-by Contractor under the provisions of this paragraph
-Z - I shall not relieve the Owner of the
obligations of payments to Contractor for that part of the work performed prior to such termination.
Termination by Owner under the provisions of this paragraph shall not relieve the Owner of the obligations
of piryments to Contractor for that part of the work performed prior to such termination.
ARTICLE 6. DUTIES OF THE CONTRACTOR
6.1 All work shall be in accordance to the provisions of the plans and the specifications. All systems shall be in
good working order.
6.2 All work shall be completed in a workman like manner, and shall comply with all applicable national, state
and local building co'dbs and laws,
6.3 All work shall be performed by licensed individuals to perform their said work, as outlined by law.
6.4 Unless otherwise stated contractor shall obtain all permits necessary for the work to be completed.
6.5 Contractor shall remove all debris and leave the home in a broom clean condition.
6.6 (If Applicable) Contractor shall furnish lien waivers or release forms for all work performed and
materials purchased.
ARTICLE 7. OWNER
7.1 The Owner shall communicate with the subcontractors only through the Contractor.
7.2 The Owner will not assume any liability, nor have control over or charge of and will not be responsible for
construction inealfs, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the w6rk, since these are solely the Contractor's responsibility.-
ARTICLE 8. CHANGE ORDERS AND SCHEDULES
8.1 A Change Order is any change to the original plans and specification. Any and all change orders
need to be,,a '�' d upon in writing, including cost and additional time considerations and signed by both
parties. 50 X 0 vi
- Post of each change order will be paid prior to the change, with the final 50% paid
upon compl�iion of the change order. A 20% fee shall be added to all change orders and overages.
Additiohal trite needed to complete change orders shall be taken into consideration in the project
completion date.
9.1 The Owner will purchase and maintain property insurance to the full and insurable value of the
residence, in case' Oka fire, vandalism, malicious mischief or other instances that may occur,
9.2 The Conlraptor agrees that he is an independent contractor and Shall purchase and maintain
needed insurainc d" coverage as deemed necessary for his own protection.
FIXED CONTRACT
Rage 2of4--
ARTICLE 10. GENERAL PROVISIONS
10.1 If conditions are encountered at the site which are subsurface or otherwise concealed physical
conditions or unI hlown physical conditions of an unusual nature, which differ naturally from those
ordinarily fobnd -to ", x1st and generally recognized as inherent in construction activities. The Owner will
prompt y inV stika
$.. such conditions and, if they differ materially and cause an increase or decrease in the
f
Contractor's cosf&;�"andl or time required for, performance of any pArt of the work, will negotiate with
the Contractor an equitable adjustment in the contract sum', contract time or both.
11.1 Any dispute that arises between the parties, hereto which cannot be settled otherwise, shall serve
notice, in wriiini, 6 the other party stating his- grievance, and naming a person to act as an arbitrator. The
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other party sgallVia name an arbitrator, and these two arbitrators shall select a third, and
any two of said arbitrators shall be binding and conclusive to all parties.
d the decisions of
ARTICLE 12. WARRANTY
12.1 At the completion of this project Contractor shall execute an instrument to Owner warranting the project
for I Year against defects in workmanship or materials utilized. The manufi6turerS Warranty will prevail.
ARTICLE 13. TERMINATION OF THE CONTRACT
13.1 Should the Owner or Contractor fail to carry out this contract, with a] I of its provisions, th e following
options and stipulations shall apply:
13. 1. 1 If the Owner or the Contractor shall default on the contract, the non - defaulting arty may declare
the contract is in default and proceed against the defaulting p 9
arty f6r the recovery of all damages incurred
as a result of. aid breach of contract, including 'a reasonable attorney's fee. In the case of a defaulting
Owner, tile ta.'�rftest money herein mentioned shall be applied to the legally ascertained damages.
13.1.2 In the event of a default by the Owner of Contractor, the non-defaulting party may state his
intention to comply with-the contract and proceed for specific perf8rinance.
13-1.3 In the case of a defaulting Owner, the Contractor may accept, at his option the earnest money as
1- J ep am
shown heteiii.as liquidated damages, should earnest money not cover the expenses to date, the Contractor
ma y M 6 _f snake to the Owner for: all work executed and for proven loss with respect to equipment,
_
materials; t6 `61s, construction equipment and machinery, including reasonable overhead, profit and damages
applkable t d* ihe propertyless the earnest money..
ARTICLE 14. ACCEPTANCE AND OCCUPANCY OF OWNER
14.1 Upon completion, residence shall be inspected by the Owners and the Contractor, and any repairs which
were within th 6 contract documents shall be made by the Contractor.
14.2 The Owner shall not occupy the property until final payment has been received by the Contractor and a
Certificate of Occupanc'y has been ascertained, . I
14.3 Occupancy of the home by the Owners in violation of 14.2, shall constitute unconditional acceptance of
the home and 'a wavier of any defects or uncompleted work.
SIGNATURE PAGE TO FOLLOW
FIXED CONTRACT
P 3-of4
---ag e-
Owner SigLiature
Owner Signature- Date 6e�A�
Contractor Sianatue Date
FDCEDCONTR&CT �
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Page 4uf4
SPECIFICATIONS
This AGREEMENT, Made as March 24, 2008
Between the Owners: Andy and Cindy Smith
15339 105'h Avenue SE
Yelm, Washington, 98597
And the Contractor: Triance
.4200 6h Ave SE Suite 301
Lacey, Washington 98503.
For the Project: 10756 Palisades Street
Yelm, Washington 98597
DIVISION 1. GENERAL REQUIREMENTS
Codes - All construction shall comply with all applicable state and local building codes. It is the responsibility of the
Contractor to insure compliance with said codes, and modify the specifications'as needed to comply with such codes.
Installation and Sto) ' rage - All materials, supplies and equipment shall be installed per manufacture's recommendations
and per applicable codes and requirements. Material stored on site shall be protected from damage by moisture, wind, sun,
abuse or any other harinful affects.
Square Footage - Interior finished square footage figures represent heated floor only and do not include garages, decks or
any other unfinished areas.
3126 sq ft Finished Interior
3126 sal ft Total
Division 2. Site Work
General - Contractor to review construction documents and provide necessary site work excavation and grading as required in said documents.
02000 -Clearing -Grade building site as per site plans. Existing trees and/or shrubs to remain shalt be marked by owner prior to clearing, and
protected to prevent damage.
02100 — Termite Treatment - N/A
02200 - Concrete Pads and Walks — Concrete apron, to street.-walks from driveway to entry way, porch patio and stoops are
concrete
02300 ~ Site Drainage —,Drainage gallery for roof drains in rear of house,
Specifications
Page 2
02400 -Final Grading -Grading at 2% away from house or to City of Yelm requirements..
02500 -- Earth Retainage — NIA
02600 - Excavation — Excavation for foundation
02700 - 'Utility Services - All utilities shall be underground from street to home.
02800 - Septic Tank - Step tank to be installed and tied to city sewar
02900 - Landscaping - Landscaping of front, side and backyards
DIVISION 3. CONCRETE
General - Contractor to review construction documents and provide labor and materials pertaining to concrete and
foundations as required in said documents and as specified herein, while complying with all local'codes. Engineered plans
will supercede- the foll6wing'specifications.
03000 - Concrete Specifications - Concrete slabs, patios, driveways, walls and foundations shall be constructed of a
minimum 3000 psi concrete after 28 days. Concrete should be a mix of high grade cement, sand or granular fill and a coarse
gravel.
03100 - Reinforcing Steel- All reinforcement splices shall be to local codes and engineering.
03200 - Anchor Bolts-- Install appropriate bolts, tie downs-or straps as required by local codes and engineering.
03300 - Footings - All footings shall be to local codes and engineering.
03400 - Slab Foundations - Concrete floor slabs to be 4" thick. Place slab over well compacted granular fill. Provide steel
trowel finish.for all interior slab areas and garage. Create washed aggregate for all exterior slabs. For patio or porch slabs,
slope away from building at IM" to I %0"_ At garage slab, provide positive drainage and taper lip at garage door.
03500 - Concrete Basement Walls - N/A
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General - Contractor to review construction documents and provide labor and materials pertaining to masonry work as
required, in said documents and as specified herein, while complying with all local and national,codes or as.per plans and
specs.
04100 - Brick - N/A
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Specifications
Page 3
04200 - Concrete Masonry Units (CMU) - N/A
04300 - Crawlspacefflasement Foundations - N/A
04400 - Stone Veneers - Stone on front tall wall only
04500 -, Fireplace .
04505 - Masonry Fireplace - N1 A
04525 - Prefabricated Fireplace - Pre-fabricated fir6places are to be U.L. approved and installed
as per marfu turer's specifications. Install.pre4abricated fireplace unit
04545 - Chimney and Flue - NIA
04565 - Masonry Chimney - N/A
04585 - Prefabricated Chimney - Metal abestus . Direct vent as per plans and specs and as per fireplace
specifications for installaflo'n.
04800 -Exterior Stone Detailing - N/A
DIVISION 5, METALS
05100 - Structural Metals - N/A
05200 - Architectural Metals - N/A
05300 - Hand Railings - N/A
DIVISION 6. CARPENTRY
06100 - Rough Carpentr3, - All carpentry to be in accordance with construction drawings, engineering, meering, state and local
codes. Exterior an& bearing, walls to be of2"x6" lumber. -Interior-or non-bearing walls to be of 2"k4" lumber.
06200 - Structural Laminated Beams - At large spans, a structural laminated beam will be required as set forth in the
construction documents or by local - codes. Laminated timber is hereby defined to include wood members fabricated from I
to 2" normal thic6ess lumber glued face to face to a depth of four laminations or more.
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Specifications
Page 4
06300 - Sheathing - Between studs and sheathing or siding, install one layer of moisture barrier, overlap a minim-am of 6".
Provide and install exterior sheathing of rated 711611 OSB panels.
06400 -Fascia-'and Soffit - See construction documents for details as per plans and specs..
06500 -- Interior- Walls - All interior walls shall be kiln dried douglas fir wood studs, with single bottom plates and double
top plates throughout.
2 x 4 studs placed 16"O.c., - typical
06600 -- Ceiling Joists - The size of the joist is dcterrnine4 on span, load and the kind and grade of lumber.
06700 - Roof Framing & Decking - Provide and install' 'exterior sheathing of 711611 OSB. Nails to be spaced 61 apart o n
C)i
the ends and 1211 h Me. instal 1 with plywood "H"
apart as psbatween each piece of decking, every 24".
06800 - flecks, Porches, Balconies - N/A
06900 - Finish Woodwork - Finish trim to be white painted millwork.
06905 - Stairs Provide and install detailing as shown in construction documents.
Specify Stair Railing: White Painted Handrail, newel posts and pickets
06925 - Interior Trim - Provide and install interior wood trim as shown in construction documents.
Rase Moldft: White painted millwork 3 Y2
Crowra` -A" g: N/A
Chalr'hal YA
069145 - Custom or Pre-fabricated Woodwork - Provide and install custom woodwork as described on construction
documents.,Prd fa6ri6ked woodwork should beispeo.ifi.ed below.
FirePlhce Mantel: Similar to Lot 8, Vintage Greens
Panelin"g: N/A
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Specifications
Page 5
WNTA
07100 - Waterproofing & Damproofing - All wall, floor and roofjoints and penetrations shall be made Watertight using
approved methods and mat.erWs. The waterproofing and damproofing recommendations contained herein are minimum,
check with local code officials for,additional requirements.
Slab Foundations — N/A
Crawlsp2ice Foundations - N/A
Basement Walls — K?A
07200 - Insulation - The effective R value of the insulation shall be in accordance with local and state energy codes. Floor,
walls and ceilings insulation can be: batt, blown, reflective- foil, etc.
07300 - EIEFS System (synthetic stucco) - N/A
07310 - Stucco system: Synthetic stucco board (concrete synthetic) similar to Lot 8, vintage Greens
07400 - Roofing -Provide and install roof shingles in accordance with all local codes and manufacturers guidelines
07410 - Felt - On all roofs, use 15 - 30 pound asphalt impregnated roofing felt. Overlap felt a minimum of 2" headlap
and 6" side lap. Carry felt 6" up all vertical surfaces and 4' over gutter and valley metal
07420 - Composite /Asphalt Shingles - Provide -30 year Arch. Campo shingles over one layer of 15# felt Minimum
recommended 'pitch is as per plans and specifications.. Support roof with pre-engineered truss system as specified by
manulideturer.
A s lifiAlt shingles; Pewter Gray.
07430 - M&AI Roofing -,N1 A
07440 - Tile Shingles - N/A
07450 - Slate Shingles - -N/A
07460 - Cedar Shalm Shingles - N/A
Specifications
Page 6
07500 -- Flashing And Sheet Metal - Install flashing on the sides of chimneys, dormers, walls, vent pipes, ect., to prevent the
infiltration of water. Flashing .shall be provided of not less than 28 gauge galvanized sheet corrosion resistance metal.
07600 - Roof Accessories
Vents - Proper ventilation requires 1/360 the of the floor -area, with 50% in ridge area and 50% in soffett area..
Ridge Vents - Install continue continuous vents at top of ridge, for the removal of superheated attic air. See
construction documents for location.
Gable End Vents - N/A. Truss Vents - Install screened vents every other truss opening.
Gutters and DownsDouts - Install-aluminum continuous gutters and downspouts. Downspouts to drain into 4" drain
pipe, 12" miniftiurd Wlow grade.
Termite Shield - WA
07700 - Siding Exterior - Provide and install siding exterior in accordance with all local codes and manufacturers
guidelines.
Hardiplank Siding - Exterior lap with 7" reveal. Combination of Haridiplank and Synthetic stucco board to be
installed over garages
Other Siding: cedar shingles to be installed at, gable ends at plate height to peak.
Metal Siding - TNT/ A
07800 - Citulking and Sealants - Use a Silicon based caulk at high expansion/compression areas, such as around chimneys,
tile, ceramic, and enamel and around pre-fabricated tabs and showers, etc. At exterior windows and door frames, interior
trim, woodwork, etc. use a 35 year Latex based caulk.
General - Contractor to review construction docu&ents and provide labor and materials pertaining to the doors and windows
as required in said documents and as specified herein, while complying with all local and national codes,
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Specifications
Page 7
08200 - Doors - Allowances for all doors are stated in Contract Documents.
Exterior Doors - A-11 exterior doors be solid core, insuliie' d-"a!n'.'d swing inside with weather tight threshold. Install weather-
stripping around all doors,
Front Door — Similar to Lot 8, Vintage Greens.
French Doors — 6-0/6-8 French door to be installed from great room to patio
Sliding Glass Doors — N/A
Storm Doors - NIA
Garage Entrance Door -Steel insulated six panel 'metal,. etal,1314'"
�_ ._�t in thick. weather-stripping around door
GaraQ EhfRuce: As per plans and specs,
garage 6v eAAead Doors — as per plans, and specs
Screens - Provided with window package
Tnterior Doors - Interior doors to be one unit, which includes jamb and casing on both sides of the door.
Type: Solid Core
Style: Standard door
Type: Clad raised Panel (shaker style) craftsman similar Lot 8 Vintage Greens. (white)
08300 - Door Hardware - Finish hardware shall include keyed deadbolt lockset at all exterior doors, Interior doors shall
be a combination 'of private and-passage looks. Hardware shall be-as per allowance. All exterior locksets shall be keyed the
same.
Type: Round knob type door hardware.
Finish: .9�uj'hed Nickel similar to Lot 8 Vintage Greens
Door *IaWgre: Passage Set, Privacy Lo'cks6t,, Dead Bolt, Dummy Knobs with Ball Catches for non
locking French doors
08400 - Windows - Install insulated windows. Confirm that openings are compliant with all applicable codes concerning
egress, lighting and ventilation requirements. Temper all glass as per local and state codes. Provide and install necessary
window hardware to operafe and lock windows.
Specify windows: insillate
Frame: Vinyl clad
Style: Per construction drawing schedule
Glazing options: Per construction drawing schedule
Insulation options: Double Pane
Options: Grids on -front facing windows only.
Low- E coating: Yes
Gas-Fills: Argon
Ratings: Per energy requirements
Specify:
08500 - Skylights - NIA
08600 - Glass Block — N/A
08700 - Other Glazing - N/A
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General - Contractor to review construction documents and provide labor and materials pertaining to the finishe's as required
in said documents and as specified herein, while complying with all local and national codes. *
09100 - Gypsum Wallboard - Gypsum board must be held firmly against the framing while fastening io avoid later
movement of gypsum 66ara or the shank of the nails or screws.
Nails or Screws: Nails and screws shall be installed as per local and State codes, Bugle shaped heads shall be 0.3 151"
' I
in nominal diameter acid contain a No.2 Phillips driving recess,
Interior Walls: Finish to be light orange peel, knock down & skip trowel finishes
Corner Detail:
Specifications
Page 9
Interior Columns: N/A
Ceilings: 9' Wall height on first floor.
FirewRated Gypsum Wallboard: Insta115/8" whero:required by code.
Water Resistant Gypsum Wallboard: As required by code, install 112" water resistant drywall.
09200 - 'File, Marble, Slate, etc Work - Tile shall -be- standard grade in accordance with local codes. Contractor to
install appropriate underlayii 6i hk where required. Tile allowance is stated in-construction documents,
HearthiMantel: Instal I fire-resistant ceramic Ai I ". . c tile hearth, a minimum of 18" from fireplace and 6" on each
p
side of opening. Sf6he can be installed flush with the ground or built up on platform.
Firepldce One, Owner to select per allowances.
09300 - Floor Finishes: Contractor to sweep, and vacuum all surfaces to be covered and install appropriate underlayment on
all surfaces, as described below or required by manufacturer. See above for the and stone floor specifications.
Wood Flooring: Install a single layer membrane with pre-manufactured floor and hardwood floors. Hardwood to be
#1 grade oak per allowance stated in construction documents.
Pre - finished: Frefinished,oak floor
Unfinished:.
V
eming:
Wood 'species: Oak
S it ce e
rfa cQloiffinish: To be selected by buyer
Finish', Sci'i gloss.
in
Soecif�; N/A
09400 - Vinyl Flooring- To be selected by buyer from builder's selected group. See attachment letter dated 6122/08
paragraph #3.:
Sheet Vinyl: N/A
Square Vinyl: N1 A
09500 - Carpet: Floor substrate shall be free of dirt and debris before pad and carpet installation. All concrete slabs and sub-
floors shall be clean, dry, sm6 i and free of foreign material. Padding shall be 1/2", residential grade.
Specify Carpet: Owner to'sic4 ct per allowances,
Specify Paid: Owner to select per allowances.
Specifications.
Page 10
09700 - Paints and Coating: Prepare each surface to receive scheduled work as set forth belowAf mildew is evident, the
mildew must be removed and the wall surface treated to inhibit further. mildew growth.
Interior Walls: Be sure all nail heads are set below the surface and spackled over. Interior walls shall receive a PV A
primer coat, and o fie coat of flat or semi-gloss latex paint.
Specify Wall Paint 1: Owner to select color and finish. Contract price is based on one color only for interior
walls. Additional colors will be treated as a change order.
Interior Wood: Painted millwork
Exterior Wood. Install per construction draw'Ings.
Paint. Aft6r installation, apply at least one coat of wood primer and one coat of finish paint t Color exterior
tube selected by buyer).
8ijecity Trim Paint: Latex based ' p aint
ity Trim Stain: N/A
09840_ - Wall Finishes: Walls to be clean and free of defects such as cracks, prior to installation of
wall finishes. if mildew is evident, the mildew must be removed and the wall surface treated to inhibit if ce tr nhi further
mildew growth.
09810 - Walloaper: N/A
Specify Wallcovering: Owner to select per allowances.
DIVISION 10. SPECIALTIES
General - Contractor to review construction documents and provide labor and materials pertaining to the-specialties as
required in said documents and as specified herein, while complying with all local and national codes_
10400 - Bathroom Accessories - Contractor to install toilet paper rolls, towel bars in all baths.
Specify: Owner to select per allowances.
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Specifications
Page 11
10100 — Tub and Shower Doors - Contractor to install-all shower doors. Shower doors to be
constructed of tempered saf'ety' glass with all exposed edges' polished and rounded.
Glass: Owner to select
Frame: Owner to select
Door., Owner to select
Specify: Owner to select per allowances.
10200 - Closet Specialties — N/A
Specify: White melamine closet shelving- Ownermay select other shelving and brackets within allowances.
General - Contractor to review construction, documents and provide labor and materials pertaining to the equipment as
required in said documents and as specified herein, while complying with all local and national codes.
11.000 - Appliances - Install and provide electrical or gas appliances as shown on construction documents freestanding
stainless range, dishwasher and microwave range vent
11100- Kitchen and Rath Cabinets — Similar to Lott Vintage Greens
Pre-fabricated: Modular cabinets.
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C�oor6: R.Ndbd panel, concealed hln�gbs'
Finis: OA-er to select
Wood S' ffib as lot 8 Vintage Greens
Specify tMen: Per construction drawings
Specify N P64ifer: Per construction drawings
ly
Speci Ni agt6r Bath: Per construction drawings
S eci 11; `Two: Per construction drawings
80�gci atk Three: Per construction drawings
I A
UDAVY
Specifications
Page 12
Custom: NIA
11200 - Counter-tops: Slab Granite. Desert brown with under mounted stainless steel sink..
Counter-top Options: NIA
Sinks:
11300 - Disappearing Stairs —N/A.
DIVISION 15. MECHANICAL
General- Contractor to review construction documentsand provide labor and materials pertaining to the mechanical as
required in said documents and as specified herein,, while complying with all local and national codes.
15100 - Plumbing — Plumbing shall be a fully operational system of hot and cold water.
Provide and install all piping, soil,
vents, drains, sewer removal and water supply system to connect to the public water and private sewage systems. All permits
and inspections to be o6taihed by contactors as required by . local codes or the Uniform. Plumbing Code.
Sewer and Waste Piping --The drainage system shall be ABS pipe
Water Pipes - All water lines to be in accordance to'local building code requirements..
Waste Drainage - Check with local code offibia'Is for venting requirements.
Water Heater - Install I ea. 60 gallon water heaters as shown on the construction documents.
Around gas water heaters install Type "X" fire-rated gypsum wallboard. Follow all manufacturers recommendations
for installation and use.
Specify: Gas
Other: N/A
'Optional Plumbing — Install necessary plumbing for step system..
15200 - Plumbing Fixtures - Provide necessary piping, water and drains for plumbing fixtures as shown on
the construction dvcirnents and listed herein. Allowance is listed in Contract Documents.
15300 - Heating; Venting and Air Conditioning — Gas Heat.
Electric Heat Pump Systems — N/A
Gas Furnace - The system will contain air distribution ducts, diffusers and thermostats. Provide necessary venting
and fire-rated wall sydein around f6mace. Furnace will be 80% efficient gas.
Single air-conditioning Unit —N /A.
CoaNbX
Specifications
Ducts and Diffusers - N/A
DIVISION 16. ELECTRICAL
General - Contractor to review construction documents and provide labor and materials pertaining to the
electrical as -required in said documents and as specified herein, while complying with all local and national codes. All work
n
shall conform to the National I j`
Electrical code, local utility companies and building officials.
16100 - Electrical-" From electrical meter box, install underground . - , wiring to home. Electrical service rated at 200 amps.
Circuits - Provide and -install necessary circuits to appliances as stated in manufacturer's recOhl'Inendations and as
stated in local codes. .
Switches, Receptacles, etc. - install white receptacle and switch plates throughout home. At exterior install gray
weather proof cover plates. Switches to be: Toggle
16200 - Light Fixtures - Provide necessary circuits and Wiring for light fixtures. All lights to be switched as noted on
construction documents. For exact locations of fixtures, see construction documents. Allowance is listed in Contract
Documents.
Special Items - Provide necessary receptacle requirements or wiring for additional items as listed below. Locate, as
shown on construction- documents.
Doorbells - next to front entry doors
Telephone outlets - 5 ea.
Cable outlets - 5 ca.
Security System - N/A
Central vacuum system -N /A
Generator redly - TJ/A
Fans - As. per plans amid specs.
Fireplace - Supply circuit for fireplace fan
Exterior - Su pply exterior lighting as selected by Owner.
.
Additional Work - N/A
Specification
Page 14
11we have read and understand the above specifications. Any alterations are noted and initialed by both
4 4,
the Owners and the Cdrit-factor.
M�M �
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NCEHOMES
Date: June 22, 2008
To: Andy & Cindy Smith
Re: New Home Specs
The following are items discussed on June 11, 20018 with Andy & Cindy Smith regarding their new home in
Palisadestred on Lot 15. This is meant to be a guideline in construction and maybe modified by the
Smith's and fi•ian'-�Ce homes if mutually agreed upon.
1) Exterior
a. Grids on*front facing windows only
b. tboate front of house. within 26 ft from properly line
o. Locate house close to, property line on garage side, (6' to 8' from line)
d. Zero transition foundation, no stops from garage to house
o. Stone on front "tall" wall only
f Nardi -plank 7" lap siding on exterior, add some "stucco" board to front
Kitchen
& Cabinet style, and color to be Ithe'same, as Lot 8 in Vintage Greens
b. Omit built-in oven and increase butler's pantry area
c. Slab granite countertops (color is Desert Brown) with Stainless Steel undermount sink
d, glainiess Steel microwave, free standing range and dishwasher (same as Lot 8 VCT)
3) Flooring
a. Pre-finished Hardwood in Nook, Kitchen &'Butler's Pantry. Triance will pr6vide costs to
add hardwood to Dining Room at time of flooring instalL
b. Vinyl in all baths and laundry room
G. ifle in entry
d. All other areas to be carpeted
4) Baths
a. Master shower door to be "Rain" or "Obscure", owners choice
b. Soaker tab in Master Bath, no jetted tub
e. idaster Bath countertop to be tiled, other baths to be P-larninate with tile backsplash
d. All plumbing fixtures, to be Moen Monticello style
5) Laundry
a. Countertop tobeP-lamtop, self edge and backsplash
b. 17" x 20" Musteff, M-1 I deep laundry sink
6) interior
a. Round drywall comers with square transistions at floor
b. White painted millwork package. at no additional charge
c. White painted handrail, newel posts and pickets
d. Waite painted interior clad doprs,-,sarno as'Lot 8 VG
c. All doorway openings will be cased, not arched as shown on plans
f. Upstairs linen closet and bedroom #3 will have bypass doors
Palisades Lot 15 specs Page I of V
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TRIANCE
HOMES
TRLANCE HOMES RESIDENTIAL REAL ESTATE PURCHASE AND SALE
AGREEMENT SPECIFIC TERMS
1. Date. 2-3—Oi-
2. Buyer: NjAr-cw
-3. -Tier: TRIANCE HOMES, a Washington corporation.
4. Property: Tax Parcel Number: 61 ( 10 Q0 1 -SbO (Thurston County)
Street Address (or Homesite Number): 1015 (.:P
Legal Description: See appended Legal Description.
5. -,4Vurchase Price: $ L-1 13-3 1 allocated as follows:
(a) Romesite Price: $ and,
f-A (b) Construction Contract: (includes WSST).
7. Default: * Earnest Money may be forfeited upon Buyer's default. See, General Terms.
8. Lender: `fit- 0.1,
9. Title Insurance Company: First American Title
Closing Agent: First American Title
Closing Date: ev-,, , y' 2-an
12. Addenda: (a) Construction Contract Addendum (and General Construction Conditions);
(b) Purchase and Construction Financing Addendum;
(c) Other:
13. ATTACHED GENERAL TERMS ARE PART OF THIS AGREEMENT.
Buyer's Address:
Date Approved: _
Date I-Se4epLs-Address:
Phone:
presentative
REAL ESTATE PURCHASE AND SALE AGREEMENT
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RESIDENTIAL PURCHASE AND SALE AGREEMENT
GENERAL TERMS
(Continued)
a. Purchase Price. Buyer agrees to pay to Seller the Purchase Price, including the Earnest Money, in cash
at Closing, -unless otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close
this sale in accordance with this Agreement and is not relying on any contingent source of funds or gifts, except
to the extent otherwise specified in this Agreement.
b. Earnest Money. Buyer agrees to deliver the Earnest Money within five (5) days after mutual acceptance
of this Agreement to be held by Closing Agent. If the Earnest Money is over $10,000.00 it shall be deposited into
an interest bearing trust account in Closing Agent's name provided that Buyer completes an IRS Form W-9.
Interest if any, after deduction of bank charges and fees, will be paid to Buyer. Buyer agrees to reimburse for
bank charges and fees in excess of the interest earned, if any. The parties instruct Closing Agent to: (1) provide
written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and
licensees at the addresses and/or fax numbers provided herein; and (2) commence an interpleader action in the
Superior Court for the county In which the Property is located within 30 days of a party's demand for the Earnest
Money (and deduct up to $250,00 of the costs thereof) unless the parties agree otherwise in writing.
c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be
marketable at Closing. The following shall not cause the title to be unmarketable-, rights, reservations,
covenants, conditions and restrictions, presently of record and general to the area; casements and
encroachments, not materially affecting the value of or unduly interfering with Buyer's reasonable use of the
Property; and reserved oil and/or mining rights. Monetary encumbrances not assumed by Buyer shall be paid by
Seller on or before Closing. Title shall be conveyed by a Statutory Warranty Deed.
d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's -expense, to apply for an
Homeowner's Policy of Title Insurance for Single Family Residence (ALTA 1998), from the Title Insurance
Company. If the Title Insurance Company selected by the parties will not issue a Homeowner's Policy for the
Property, the parties agree that the Title Insurance Company shall instead i - ssue a standard form Owner's Policy
(ALTA 1992). The Title Insurance Company is to send a copy of the preliminary commitment to both parties.
The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the
General Exclusions and Exceptions in the Policy and Special Exceptions consistent with the Condition of Title
herein provided. If title cannot be made so insurable prior to the Closing Date, then as Buyer's sole and
exclusive remedy, the Earnest Money shall, unless Buyer elects to waive such defects or encumbrances, be
refunded to the Buyer, less any unpaid costs described in this Agreement, and this Agreement shall thereupon be
terminated. Buyer shall have no right to specific performance or damages as a consequence of Seller's inability to
provide insurable title.
e. Closing. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls on
a Saturday, Sunday, or legal holiday as defined in RCW 1, 16.050, the Closing Agent shall close the transaction
on the next day that is not a Saturday, Sunday, or legal holiday. "Closing" means the date on which all
documents are recorded and the sale proceeds are available to Seller.
E Possession. Absent a written agreement to the contrary, Buyer shall be entitled to possession following
Closing,
g. Closing Costs and Prorations. Seller and Buyer shall each pay one-half of the escrow fee unless this
sale is FHA or VA financed, in which case it shall be paid according to FHA or VA regulations. Taxes for the
current year, rent, interest, and lienable homeowner's association dues shall be prorated as of Closing. Buyer
agrees to pay Buyer's loan costs, including credit report, appraisal charge and lender's title insurance, unless
provided otherwise in this Agreement. If any payments are delinquent on encumbrances which will remain after
Closing, Closing Agent is instructed to pay them at Closing from money due, or to be paid by, Seller. Seller
agrees to pay all utility charges, including unbilled charges. Seller and Buyer waive the services of Closing
Agent in disbursing funds necessary to satisfy unpaid utility charges In accordance with RCW 60.80, and Seller
agrees to provide the names and addresses of all utilities providing service to the Property and having lien
rights.
h. FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification that
Seller is not a "foreign person" within the meaning of the Foreign Investment In Real Property Tax Act. Seller
REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 3
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X ------ X Homrzs
RESIODENTL4,L PURCHASE AND SALE AGREEMENT
GENERAL TERMS
(Continued)
agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from
FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
1. Notices. Unless otherwise specified in this Agreement any notice required or permitted in, or related to,
this Agreement (including revocations of offers) must be in writing. Notices to Seller must be signed by at least
one Buyer and shall be deemed given only when the notice is received by Seller. Notices to Buyer must be
signed by at least one Seller and shall be deemed given only when the notice is received by Buyer. A copy of
the notice shall be deemed received when personally delivered, or transmitted by facsimile as provided in
section "k" below, or 3 days following mailing by first class mail, postage prepaid, to the party's address shown
on this Agreement. Buyer and Seller each other advised of their whereabouts in order to receive prompt
notification of receipt of a notice.
j. Computation of Time. Unless otherwise specified In this Agreement, any period of time stated in this
Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the
last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday,
Sunday or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day
that Is not a Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include
Saturdays, Sundays or legal holidays. Time is of the essence of this Agreement.
k. Facsimile Transmission. Facsimile transmission of any signed original document, and retransmission
of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party,
or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document.
I. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all
prior or contemporaneous understandings and representations. No modification of this Agreement shall be effective
unless agreed in writing and signed by Buyer and Seller.
in. Assignment Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior
written consent, unless provided otherwise herein.
n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then that
portion of the Earnest Money that does not exceed five percent (5%) of the Purchase Price shall be forfeited to the
Seller as the sole and "elusive remedy available to Seller for such failure.
o. Attorneys' Fees. If Buyer or Seller institutes suit against the other concerning this Agreement, the
prevailing party is entitled to reasonable attorneys' fees and expenses.
p. Commission. Seller agrees to pay a commission in accordance with any commission agreement to which
it is a party.
q. Homeowner's Association. The Property is subject to recorded Covenants, Conditions and Restrictions 10)701�1
CCC&R!s") which provide for a Homeowners Association. The Buyer will be a member of the
Homeowner Association and will be required to pay homeowner assessments when due and as provided for in"`
"CC&R!s". An initial one-time initiation fee of $675 per homesite will be collected from the Buyer at closing to be
paid to the Seller directly to partially reimburse them for expenses and improvements installed by the seller
behalf of the Association. The Association will also assess annual dues from each member to maintain 0
an
improve the common areas. The annual dues of the Association for the Year in which this Agreement was exec dy
cute
e
are in the amount of $250. Buyer will pay the pro-rata portion of the annual Association dues at closing. This
summary is informational only, and Buyer should refer to the CC&R's for Buyer's actual rights and
responsibilities.
PEAL ESTATE PURCHASE AND SALE AGREEMENT
TRL4NCE FWAL Page 3 of 3
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TRIANCE
Jr, 4L HOMES
TRLkNCE HOMES
PURCHASE AND CONSTRUCTION FINANCING ADDENDUM
The following is a part of the Purchase and Sale - Agreement dated 3 - S�J - between Triance Homes
(Seller) and (Buyer) concerning Homesite of 492?��q
Seller and Buyer agree as follows:
1. Loan Application. This Agreement is contingent upon Buyer obtaining a purchase and construction loan
from- a Lender acceptable to Seller. Buyer agrees to make written loan application and pay' the application
fee, if required, within five (5) days after mutual acceptance of this Agreement. A written notice of loan
application is to be provided for Seller upon completion of the application. If Buyer fails to make
application for financing within the agreed time, then at the option of Seller, this Agreement may be
terminated and the earnest money shall be returned to Buyer.
2. Preferred Lender. In order for Seller to keep the Purchase Price of its Homes affordable, it is essential
to limit the number of Lenders with which Seller must deal. The Lender approved by Seller for this project
has been selected based upon a successful track record for processing and closing transactions, and has been
provided with all the information necessary to facilitate the timely processing of this transaction. Seller's
preferred Lender is National City Mortgage -]VCM". Buyer agrees to initially apply with and receive
prequalyk-ation approval from NCM.
3. Prequalffication of Buyer. If this Agreement is subject to Buyer's securing financing for the purchase
and construction of the Home, Buyer shall, within three (3) business days after mutual acceptance of the
Agreement, contact NC M. Buyer shall not be required to pay an Application Fee to NCM. If NCM
determines that Buyer is unlikely to qualify for financing, either Buyer or Seller may elect to terminate the
Agreement by written notice to the other party. Upon such termination, Buyer's earnest money deposit shall
be returned and this Agreement shall be null and void.
If Seller does not elect to terminate this Agreement, Buyer shall have the option to obtain financing for a
purchase loan from a Lender of their choice ("Outside Lender") other than NCM. If Buyer applies for a
loan from a Lender C'Outside Lender") other than AICM, the following shall apply:
(a) Buyer shall notify Seller of the name of the Outside Lender within five (5) days of NCM's
approval or denial of Buyer's loan application; and,
(b) Within five (5) days of Buyer's application to an Outside Lender, the Outside Lender shall
notify Seller of any documents or other, requirements of Seller; Seller, at its option, shall I have the right to
reject approval of such Outside Lender and terminate . this transaction
4. Release of Information to Seller. Buyer hereby authorizes and instructs Lender to release to Seller all
information which may have a bearing on Lender's commitment to loan. Buyer agrees to provide to Lender,
in a timely and cooperative manner, all information and documentation necessary to process loan
application. Buyer shall make a good faith effort to secure a low, sufficient to finance the balance of the
purchase price and closing costs that exceed the down payment due from the Buyer, including any
additional payments required to pay the cost of selections and options chosen by the Buyer.
PURCHASE AND CONSTRCUTION FINANCING ADDENDUM
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5. Removal of Contingency. Upon Lender's issuance of an un-conditional commitment to loan, the
financing contingency shall be deemed satisfied and removed and Buyer's cash earnest money shall become
non-refundable and immediately released to the Seller. Buyer shall provide to Seller written confirmation
of the Lender's un-conditional commitment to loan immediately upon its receipt by Buyer. Seller shall have
no obligation to seek permits or commence or continue construction of the home on the Property until this
contingency and any other contingency of the sale is removed or waived by Buyer.
6. Waiver of Contingency. If within days from the date of this Agreement Buyer does not
waive this contingency or notify Seller in writing of Buyer's ability to secure a Lender's un-conditional
commitment to loan, then Seller may, at any time thereafter, elect to terminate this Agreement by giving
three (3) days notice. If, within three, (3) days of Seller's notice, Buyer does not waive this financing
contingency in writing, and has not released their cash earnest money to Seller as a "non- refundable"
payment, this Agreement shall terminate.
7. Earnest Money. If in the time specified above the Buyer has not waived the financing contingency and
Buyer is unable to obtain financing after a good faith effort then, on Buyer's notice and provided that Buyer
has not violated, any provision of the Purchase and Sale Agreement or any addenda thereto, this Agreement
will terminate and the Earnest Money shall be returned to the Buyer after the Buyer has provided written
confirmation from Buyer's Lender confirming the reasons Buyer's application was denied, If Seller
terminates this Agreement, the Earnest Money shall be refunded without need for such confirmation from
Buyer's Lender.
8. Appraisal Less Than Sale Price. If Buyer's Lender's appraisal of the value of the property is less than
the purchase price (as such purchase price is adjusted for the purposes of this paragraph only, described
below), Buyer may, with three (3) days notice to Seller and including a copy of appraisal, elect to terminate
this Agreement, unless Seller, within ten (10) days after receipt of such notice, delivers to Buyer a written
consent to reduce the selling price to an amount not more than the amount specified in the appraisal or
reappraisal, whichever is higher. If such reappraisal or consent to reduction of price is not so delivered, this
Agreement shall terminate. Buyer is advised that not all options/upgrades will increase the appraised value
of the home since some options simply reflect the buyer's choices and preferences. Buyer shall pay the
difference in cash between the revised purchase price and the appraisal value established in the loan process
at the time of the closing to the extent it is attributable to the buyer's options/upgrades selections.
9. Delays in Closing. The agreed sale price is, in part, in consideration of Buyer's closing two (2) working
days after Buyer's scheduled homeowner orientation. If the closing is delayed by the Buyer and/or Buyer's
Lender, the Buyer shall pay to the Seller upon closing, in addition to the agreed purchase price, the'amount
of $100.00 per day, as a reasonable Closing Extension Fee, for each day Seller agrees to extend the date for
closing. Nothing in this paragraph shall be construed to require Seller to accept a delay in closing and Seller
may agree to extend the closing in its sole discretion. If closing is delayed through no fault of Seller and
Seller does not agree to extend the closing pursuant to this paragraph, then: (i) Buyer shall be deemed to
have failed, without legal excuse, to complete the purchase of the Property, and (ii) Seller shall be entitled
to retain all deposits made by Buyer to Seller.
PURCHASE AND CONSTRCUTION FINANCING ADDENDUM
TRIANCERNAL-__
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TRIANCE
TRIANCE HOMES CONSTRUCTION CONTRACT ADDENDUM TO
RESIDENTIAL PURCHASE AND SALE AGREEMENT
(And General Construction Conditions)
THIS ADDENDUM is made as part of the Residential Purchase and Sale Agreement
dated _ eVVPjrc& ("Purchase and Sale Agreement") between TRLALNCE
GROUP INCORPORATID—, a Washington corporation ("Seller"), and the buyer named below
("Buyer"), for the purchase of the Property commonly known as Lot.-J-1,- ns, and
the construction of a new Home thereon. amv
I. CONSTRUCTION OF NEW ROME. Seller and Buyer agree that Seller shall
contract for the construction of a new Home on the Property in accordance with the terms and
conditions of the Contract Documents. The Contract Documents include the following:'
(a) The Purchase and Sale Agreement (and General Terms);
(b) The Construction Contract Addendum (and General Construction Conditions);
(c) Approved Plans and Specifications;
(d) Builder's Home Specifications Addendum;
(d) Builder's Options[Upgrades Addendum;
(e) Builder's Options/tJpgrades Schedule
(f) Warranty Addendum;
(g) Purchase and Construction Financing Addendum;
(h) Agency Disclosure, Contact Sheet and Copies Confirmation Addendum
(k) Other:
2. CONTRACT PRICE. The Contract Price is $ Lj
which includes Washington State Sales Tax ("WSST").
3- COMAMNCEMENT OF CONSTRUCTION. Seller shall make application for
necessary building permits on behalf of the Buyer. Seller has no obligation to seek permits or
begin construction of the Home on the Property (if construction has not commenced at the time
this Agreement is executed) until Buyer has closed the purchase of the Property and secured
construction Financing. Seller shall apply for permit(s) or commence construction of the Home on
the Property not later than 60 days after the Closing Date, provided that such period of time may
be extended at Seller's option if Seller is delayed in obtaining any governmental approval
required for construction of the Home.
4. COMPLETION OF CONSTRUCTION. Upon commencement of construction,
Seller shall diligently in a workmanlike manner proceed with construction of the Home in
CONSTRUCTION CONTRACT ADDENDUM
Page 1 of 7
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accordance with the Contact Documents. Seller estimates, but does not represent or guarantee,
that the Home will be substantially completed and ready for legal occupancy by the Completion
Date. The estimated Completion Date is approximately -2-0—W working days after start of
framing. (A working day shall be defined as a day between Monday through Friday, excluding
weekends and holidays and "non-working days" as defined below). The Seller may experience
delays because of weather, strikes, material or labor shortages, or other conditions beyond the
reasonable control of the Seller, such delays will constitute "non-working days." The parties
agree that the Seller may change the estimated completion date as is necessary to reflect delays
experienced by the Seller, and the Seller shall not be liable to the Buyer for Seller's failure to
complete construction by the estimated completion date. - The issuance of a certificate of
occupancy, or final inspection approval by the applicable government agency shall be conclusive
evidence of the completion of construction by the Seller.
S. ALL CASH TRANSACTION. Payment for the cost of constructing the Home shall
be made in accordance with the terms of the Construction Loan. If Buyer represents to Seller that
Buyer will be paying all cash, upon request Buyer shall provide Seller with verification of funds
and the parties shall establish an escrow construction account pursuant to the terms and
conditions of separate agreement which shall be negotiated and executed prior to Closing of the
Lot purchase.
6. CONSTRUCTION FINANCING. If Buyer intends to finance the cost of
construction, payment shall be made in accordance with the terms of the Construction Loan and
all loan documents shall be executed prior to closing the land purchase.
7. CONTINGENT FUNDS. Buyer represents that Buyer has or will have sufficient
funds available (including any applicable loan proceeds) to close this transaction in accordance
with the Purchase and Sale Agreement and is not relying upon any contingent source of funds,
unless otherwise expressly set forth herein.
8. ORIENTATION/WALK- THROUGH. Buyer shall schedule a walk-through of the
Home with a designated representative of Seller at least five (5) business days prior to the
expected Completion Date. Except for punch-list items and similar work remaining to be
corrected, Buyer agrees to accept the Home in the condition existing on the date of the walk-
through. ALL INSPECTIONS MUST 13E SCHEDULED IN ADVANCE BY CONTACTING
SELLER'S REPRESENTATIVE.
9. LEM[ITATION ON DAMAGES. in the event Seller shall in good faith, for any
reason beyond its control, be unable to complete construction of the Home following closing of
the land purchase, Seller shall have no obligation or liability whatsoever to Buyer for any
consequential damages (including without limitation any increase in cost of construction or
completion Of construction, moving costs, temporary housing costs, increase in interest rates,
loss of financing or loan or rate locks) that Buyer may have sustained by reason of Seller's
inability to comply with the terms and conditions hereof, and each of the parties shall thereby be
released from any and all claims by the other of any kind or nature.
10. REPRESENTATIONS. There are no other express or implied agreements, promises
or representations except as set forth in the Purchase and Sale Agreement, d e , inclu g this
Addendum, or in any other written document executed by S d ,Seller an in
Buyer. The parties agree
that no oral representation by any person shall be binding, and that the parties' full understanding
shall be limited to . the foregoing written documents together with any mutually agreed upon
CONSTRUCTION CONTRACT ADDENDUM
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clarifications in writing. Buyer and all agents acknowledge that no agent, job superintendent,
contractor or subcontractor has authority to make any agreement, promise or representation on
behalf of Seller.
11. RENDERINGS, VIEW, ETC. Buyer understands that all renderings and floor plans
are artist's conceptions and are not intended to be an exact depiction of the Home, including
landscaping. Buyer acknowledges that Seller has not made any warranty or representation
regarding sound transmission, views, or the future use of any developed or undeveloped
properties in the vicinity of the Home.
12. SITE LOCATION. Seller shall have sole discretion to locate all buildings and other
improvements as part of development of the project. Further, after excavation for installation of
foundations and lot drainage, the existing grade elevations may be changed. Buyer has not relied
on existing grades or slopes or on any representations by agents, Seller, or any other person, either
oral or written, relating to finished grade and slopes.
13. SITE WORK, VEGETATION, DRAINAGE. Trees and vegetation that are part of
the project may not survive and may need to be replaced by Buyer unless otherwise provided in
the Limited Warranty. The property has been, or will be, engineered and graded to standards
established by local governmental jurisdictions. to ensure drainage of rain and irrigation water.
Seller shall have no liability or responsibility whatsoever with regard to any alteration by Buyer
or any other party of the grading of the property and/or the established drainage.
14. BOUNDARIES OF HOME. Buyer shall not rely upon any statement made by any
agent or representatives of Seller regarding the exact boundaries of the property or dimensions of
the Home. The boundaries of the property are determined by the recorded plat. By closing on the
Home, Buyer shall conclusively be deemed to have been satisfied with such conditions.
15. MATERIAL AVAILABILITY. All materials, supplies, fixtures, and appliances are
subject to their reasonable availability. Seller reserves the right to make substitutions of
comparable quality, without notice. Buyer agrees to select from in-stock items if special order
items or color selections delay construction scheduling and closing.
16. SPECIFICATIONS. The Home shall be completed substantially in accordance with
the plans and specifications prepared, and from time to time amended, by Seller. The purchase
price of the Home is based on Seller's standard color plan, appliance and finish work
specifications.
17. CHANGES TO PLANS AND SPECIFICATIONS. During construction it may be
necessary to make changes to the plans and specifications. The modifications may include
changes to the floor plans, interior and exterior design, and materials, as Seller deems necessary
and/or required by Building Code. Minor modifications to the design and/or siting of the home
may be made by Seller during construction if topographical conditions of the property so dictate,
or as a result of changes in the Building Code. Seller reserves the right to modify material
specifications provided the modifications are equal to or better than the original, in Seller's
subjective discretion. The home will be built in compliance with applicable codes. Electrical,
mechanical and plumbing placement may vary at the sole discretion of Seller. Seller shall
construct Buyer's home substantially according to the Plans and Specifications approved by the
parties.
18. MODEL HOMES. Model homes, if any, and appurtenances and furnishings
thereto, are displayed only for illustration purposes and shall not be deemed to be an agreement or
CONSTRUCTION CONTRACT ADDENDUM Page 3 of 7
commitment by Seller to deliver the Homes being purchased by Buyer in accordance with any
such model homes, and appurtenances and furnishing thereto. None of the furnishings,
decorations or other appurtenances in or to any model home are included in the Purchase and Sale
Agreement, unless Seller agrees in writing to deliver the same as part of the purchase price or as
additional optional items. Model homes are sold in an "as is" condition, and are subject to
ordinary wear and tear.
19. CONTINUED CONSTRUCTION. At the time Buyer takes possession of the
Home and for an indefinite period thereafter, the structure and/or neighborhood in which the
Home is located (and other improvements and limited and general common areas) might not be
completed and renovation or construction work might be continuing.
20. BUYER'S ACCESS PRIOR TO COMPLETION. Prior to completion of
construction, Seller or Seller's representative must accompany Buyer whenever accessing the
Home, only employees and contractors of Seller (acting pursuant to written instructions of
Seller) are authorized to work on the Home. Buyer and Buyer's agents may not work on the
Home, or place personal property in the Home without prior written approval from Seller. if
Buyer or BuyWs agent enters or performs work on the Rome, then Buyer accepts responsibility
for any additional costs related to delays and/or corrections required, and Buyer agrees that some
or all portions of the Home may be -excluded from the warranty provided by Seller.
21. ADDENDUM CONTROLS. The provisions of this Addendum shall control over
any conflicting provisions of the Purchase and Sale Agreement or any other written document.
22. RISK OF LOSS. All risks of loss shall be upon Buyer. Buyer shall provide
adequate insurance coverage, including a course of construction insurance policy to protect
against loss due to fire and other casualty during the construction of the home. Buyer must also
add a liability endorsement to this policy in the amount of $300,000 (if cash transaction) or
$500,000 (if preferred lender is used). Buyer assumes full responsibility for any personal property
and materials stored on the premises during construction. For further details, see Section 3 of the
appended General Construction Conditions.
23. TMIE OF ESSENCE. Time is of the essence of the Purchase and Sale Agreement,
including this Addendum.
29. ASSIGNMENT. Buyer may not assign Buyer's rights under the Purchase and Sale
Agreement without the prior written consent of Seller.
29. HOW VALUE. Seller is making no representations or warranties with respect to
future price changes on the other homes in this or any other phase of this project. Seller reserves
the right to adjust prices upward or downward without notice or obligation to Buyer. Furthermore,
Seller makes no representation that the value of the Home being purchased by Buyer will at
anytime in the future either retain or be higher than its value at the time of purchase.
30. SURVIVAL OF AGREEMENTS. The acknowledgments and agreements of Buyer
set forth in this Addendum shall be continuing obligations that shall survive closing of the
purchase of the Home. The provisions of this Addendum shall control over any conflicting
provisions of the Purchase and Sale Agreement.
31. THE ATTACHED GENERAL CONDITIONS ARE PART OF THIS
AGREEMENT.
CONSTRUCTION CONTRACT ADDENDUM
TRIANCE KNAL Page 4 of 7
5M-
32. OTHER PROVISIONS: ❑ None as set forth by attachment.
B
C-F-NERA ONSTRUCTION CONDITIONS
1. Change Orders.
Customer May request modification in the work, or extra work, after construction has begun. Such requests
shall be made directly to the Contractor's authorized representative. Such requests are not to be made to
subcontractors or non-authorized employees of Contractor, These changes shall be agreed upon in writing
only. The written change order will be on a form prepared by Contractor and shall state the effect of the
modification upon the contract price and the completion date. Unless otherwise agreed in writing, the cost
of any change order shall be calculated on the basis of the cost of the work (labor and materials) plus a
markup of the greater of $500.00 or fifteen percent (15%) of the cost of the work, plus sales tax, and shall
be paid in full by the Customer to the Contractor at the time the change order is signed. The completion
date shall be extended a reasonable period of time in which to complete the extra work. Contractor
reserves the right to accept or reject any change order request based on Contractor's sole discretion.
2. Building Codes.
The Contractor shalt complete the work according to the approved set of drawings and specifications of this
Contract. The approved drawings have been issued by the Building Department and both the Contractor
and the Customer may rely upon those approved drawings as conforming to all applicable regulations of
the City or County. In the event that the Building Department or other governmental agency subsequently
requires modifications or corrections in the work, or revisions to the previously approved and issued
drawings based upon a subsequent review of the plans or the work, the Contractor Will advise the Customer
of any required changes or modifications in the work. The Customer may firrther contract with the
Contractor or other persons to modify or correct the work as indicated by the Building Department or other
governmental agency. In the event that Customer requests the Contractor to perform such work, the
-e shall be adjusted as per paragraph I of the General Conditions of this Agreement unless
contract price ntT s h
otherwise agreed upon in writing. The Contractor is not responsible for any special inspections, analyses or
reports which are not ordinarily provided for by a building inspector.
3. Insurance.
Prior to work beginning, the Customer shall have in force and maintain until the project is complete and the
Contractor has been paid in full, a course of construction insurance policy covering the full replacement
cost of the project. The policy shall provide coverage for all risks of I including but not limited t
or building materials at the job site but not
windstorm, vandalism and theft protection including coverage f Oss lim o fire
yet installed. The policy shall name the Contractor and his subcontractors as their interest may appear as
additional insureds. The Contractor shall be given 30 days written notice prior to cancellation of such
policy. Buyer must also add a liability endorsement to this policy in the amount of $300,000 (if cash
transaction) or $500,000 (if preferred lender is used).
4. Premises.
Unless otherwise agreed, Contractor at all times shall keep the premises reasonably free from accumulation
CONSTRUCTION CONTRACT ADDENDUM Page 5 of 7
MANCEFINAL-
A
of waste materials or rubbish caused by its operations unless otherwise specified in the attached
specifications. At 'the completion of the work, the Contractor shall remove all the Contractor's waste
materials and rubbish from the site together with the Contractor's tools, construction equipment, machinery
and surplus materials.
Customer shall establish and guarantee to the Contractor the location of all underground restrictions or
underground utilities, easements, or rights-of-way prior to commencement of the work, including the
location of any buried pipes, power lines, septic tanks, utility lines or drain fields. The Customer hereby
acknowledges that Contractor has not made any soil studies or examination of the soil or ground and is
proceeding with the construction on the assumption that the underlying soil or land is suitable for the
proposed construction, and no extra excavation or backfill will be required. The costs of any soil study or
analysis will be borne by the Customer, and the determination of any need for such a soil study or analysis
shall be made by Customer. Customer shall furnish and make available to the premises electrical power
and water for the Contractor's use, The cost of electricity and water consumed by performance of the work
shall be paid by the Contractor.
Customer shall establish and guarantee to the Contractor, at the time of layout all property lines and agrees
to hold Contractor harmless from any property line disputes, including the payment of damages or the
incurring of attorney's fees. Customer is responsible for unavoidable injury to any trees or landscaping, and
it is suggested that the Customer take special precautions to protect trees, shrubs, plants and lawn.
5. The Job Site.
The Contractor shall provide a safe working environment on the job site. The Contractor will not be
responsible for damage or injury to third parties or their property who enter the job site without direct
authorization from the Contractor.
6. Cost Breakdown/Estituate.
In the event that the Contractor has previously provided a cost breakdown to either the Customer or the
Customer's lender, it is understood that the cost breakdown is for estimating purposes, and for the purpose
of assisting the Customer in obtaining financing from a commercial lender. The cost breakdown is not
intended to be a bid or guaranteed sum of money expended or expendable upon individual items of
construction nor for the total cost of construction unless incorporated herein. Under no circumstances is the
cost breakdown intended to define the scope of work or state the scope of work to be anything other than
that which is identified in the Contract Documents.
7. Unforeseen Conditions.
Following commencement of the work, the customer understands that the Contractor may be required
either by the applicable building authority or by normal or standard construction practices to perform
additional work not stated above in the contract documents in order to complete all work according to the
applicable building authorities and building codes as well as standard construction practices which are
designed to ensure the safety and integrity of the structure. All such additional work shall be incurred and
paid for by the Customer to the Contractor pursuant to paragraph I of the General Conditions.
8. Entire Agreement.
This Contract is the entire agreement between Contractor and Customer. There are no prior understandings
or representations or warranties other than those expressly incorporated herein, nor is the contract
dependent upon or subject to any conditions or approvals not stated in this Agreement.
9. Severability.
If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null
CONSTRUCTION CONTRACT ADDENDUM
TRIANCE FINAL Page- 6 of 7
T NE
HOMES
or void against public policy, or otherwise unenforceable, for any reason, or shall be otherwise
unenforceable, the remaining paragraphs, sections, sentences, clauses or Phrases contained in this
Agreement shall not be affected thereby.
10. Disputes and Remedies.
Any disputes, including a labor and materialman's lien, unless settled between the parties, shall be decided
according to the Mandatory Arbitration Rules for Superior Court in the County in which the property is
located, regardless of the amount in dispute, and regardless of whether the Contractor also seeks
foreclosure of a labor and materialman's lien. All parties agree that the arbitrator shall have the authority to
enter an award as to any monetary disputes in question, determine the enforceability of any labor or
materialman's lien, and award attorneys' fees and costs. The arbitrator's award or decision shall be subject
to appeal only pursuant to RCW Ch, 7.04A. The Superior Court of the County in which the property is
materialman's lien. Venue of any dispute shall be in the Superior Court of the Court in which the located shall thereafter have jurisdiction to enter a decree of foreclosure related to any applicable labor or
is located. property
11. Notice to Customer Regarding Registration and Bond Information.
The Contractor is registered with the State Of Washington, registration no.
as a general contractor and has posted with the state a bond or cash deposit of $12,000 for the purpose of
satisfying claims against the contractor foi negligent or improper work or breach of contract in the conduct
of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might
arise from the work done under Your contract. If any supplier of materials used in your construction project
ri o r
force payment. If You wish additional protection, you may request the
job, your property may be liened to f subcontractor u your
or any employee of the contractor or subcontractor is not paid by the contractor r subcontra to o yo
contractor to provide you with original "lien release" documents from each supplier or subcontractor o
your project. The contractor is required to provide you with n
documents if you request it. General in further information about lien release
industries. formation is also available from the department of labor and
12. Correction or Completion of Work.
Contractor shall perform all corrective or Pick-up work identified by the Customer unless Contractor
declines to do so following receipt from the Customer of a specific list of corrective or pick -up work and a
reasonable period Of time within which to perform the work.
CONSTRUCTION CONTRACT ADDENDUM
TRIANCE FINAL
SE
%ER (Date)
SELLER'S AGENT (Date):
A
TRIANCE
A..,. %, Hom"
11706= � I
-3 1
rff "M
The following is a part of the Purchase and Sale Agreement dated 3/24/08 _
between Triance Group Incorporated (Seller) and Andrew J. and Cynthia
M. Smith (Buyer) concerning
Home site 15, of Palisades West.
1. WARRANTIES. Purchaser has been provided a sample warranty book and has
read and understands. the Limited Warranty administered by Residential Warranty Corporation.
('RWC11). Validation of the Limited Warranty is not guaranteed, but is conditioned on the
satisfactory completion, of any required inspections, upon Seller's compliatice with-all of RWO9
enrollment procedures, and upon Seller remaining in good standing in the RWC Program.
Purchaser understands and'agrees that if the above Limited Warranty is validated, it is provided by
the Seller in lieu of all other warranties, verbal agreements or representations; and Seller makes no
warranty, express or implied, as to quality, fitness for a particular purpose, merchantability,
habitability or otherwise, except as is expressly setforth in the Program Purchaser understands and
agrees the warranties of all appliances and other consumer products installed in the h6uhe are those,
of the manufacturer or supplier and same are assigned to Purchaser, effective on the date of closing.
In any event, Seller shall not be liable for any personal injury or other consequential or secondary
damages and/or losses which may arise from or out of any and all defects. Purchaser acknowledges
and understands that the Limited Warranty includes a provision requiring all disputes that arise
under the Limited Warranty to be submitted to binding arbitration. 11
2. - WARRANTY CLAIMS; DISCLAIMER. In the even_ t the RWC Limited
Warranty has not been validated, in lieu thereof Seller shall extend to Buyer the following Limited
Warranty:
Seller warrants that all improvements constructed on the Property was made in a
commercially reasonable rnanner,and that, there are no defects in materials or
workmanship. This warranty is for a period of one (1) year (the "Warranty Period")
from the, date of completion of the construction of the Home (as determined by
Seller's notice to Buyer). TIHS WARRANTY IS GIVEN IN LIEU OF ALL
OTHER EXPRESS OR WARRAN77ES OF FITNESS,
MERCHANTABIM7,]; OR HABITABILITY THAT MAY 01HERMSE BE
ON
PR 0 VIDED UNDER THE L4 WS OF TFIE S TA TE OF WASH17VG T _ ; Any
warranty claim must be filed in writing with Seller within six (6) months following
the end of the Wan-anty Period.. or it shall be deemed waived. Any cause of action
arising under the terms of this Limited Warranty, must be filed in a court of
competent jurisdiction within one (1) -year following the end of the Warranty Period.
Any warranty work performed by Seller does not extend the duration of this Limited
Warranty or any claim period. This warranty shall be void if a person or firm other
than Seller performs or re-performs any work alleged to be the responsibility of
seller under this Limited Warranty.
WARRAWY ADDENDUM Page I of 2
A
TRIANCE
3. DISPUTE RESOLUTION. Buyer further acknowledges and agrees that:
(a) the intent and purpose of the Limited Warranty is to provide Buyer and
Seller, prior to the consummation of a transaction, with a clear and predictable understanding of
their rights, duties and obligations;
(b) the provisions of the Limited Warranty, and the rights, duties and
obligations of Buyer and Seller are: (i) in lieu of and to the exclusion of all other express or
implied warranties (including without limitation any implied warranty of habitability,
merchantability or fitness for a particular use); and (ii) in lieu of and to the exclusion of all other
legal or equitable rights, remedies or causes of action;
(c) Buyer's acknowledgment and agreement is a direct and material
inducement to Seller's agreement to sell the Home for the agreed price, and has been relied upon
by Seller (and Seller's contractor, subcontractors, vendors, suppliers and other professionals);
(d) Buyer is required to resolve any and all disputes arising out of the
purchase of this Home including those over alleged construction defects through the dispute
resolution/arbitration process outlined in the Limited Warranty provided to Buyer in connection
with this -purchase. Buyer irrevocably (i)- agrees that such dispute shall be resolved strictly in
accordance with the rules and requirements of the Limited Warranty, and (ii) waives any rights it
might otherwise have to initiate judicial or other proceedings in connection with such dispute;. and
SE ER ate),
SELL NT (1)
P IM �611 -1 1 .. I # 11 4 1
WARRANTY ADDENDUM
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CITY OF YELM
RESIDENTIAL BUILDING PERMIT APPLICATION FORM
A
Project Address: G 5 Parcel* 4� 7//000/5-00
Subclivislon:_&_ij o:
Lt #
-r A— Zoning; _Z6�1 �1_
New construction 0 Re•Model I Re-Roof / Addition El Home Occupation Sign
0 Plumbing 0 Mechanical D Mobile / Manufactured Home Placement Cl Other
Project Description /Scope of Work: IVE"", 2-5r0P_;rq
Project Value-_V .Ofd eoq
Building Area (sq, ft) 1s1Floor_1j&_A_ 2nd Floor fO Garage 741-- Deck
Basement _ Carport _Patio
#Bedrooms # Bathroorns�/l Heatlng:(t�OTHER or ELECTRIC (Circle One)
Are there any environmentally sensitive areas located on the parcel? -ty0 If yes, a
completed environmental checklist must accompany permit application,
6*W
CITY 14ferl ST�
CONTRACTOR'S LICENSE
V�LICENSE #
Z10 EMAIL —
P_LZV_L TELEPHONE
TELEPHONE
EMAIL
Mnh. FAX
'M� EXP DATE CITY LICENSE #
"AMi1I #vtti..._TELEPHONE
ADDRESS EMAIL
CITY STATE ZIP FAX
CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE
TELEPHONE
ADDRESS EMAIL
CITY STATE—ZIP—FAX
CONTRACTOR'S LICENSE # � EXP DATE_CITY LICENSE #
Copy of mitigation agreement with Yelm Community Schools, if applicable.
I hereby certify that the above Information 15 correct and that the construction on, and the occupancy and the use of the
above described property will be in accordance with the laws, rules and regulations of the State of Washington and the
City of Yelm.
'71 P 6
Applicant's Signature Date
Owner/ Contractor/ Owner's Agent/ C �ractol'sAgen (Please circle one.)
All permits are non-transferable and will expire if work authorized by such permit is not begun
within 180 days of issuance, or if work is suspended or abandoned for a period of 180 days
105 Yelm Ave?tue West
PO Box 479 (360) 458-3835
Yeirn, WA 98697 (860) 458-3144rAAR E I VED
WWW.Ct L W
I a us
E sEp o 5 mo
P T %) City of Yelm
Community Development Department
'MOSQ16, Building Division
Phone: (360) 45111-8407
Fax. (360) 458-3144
Appil
Name; Triance Homes
Address: 4200 6th Ave SE # 301 City: Lacey
Prop ortk-hifor mw 16 n;
Site Address: 10756Pallsadea Street SE
Assessor Parcel No. 67110001500
Pohvidt& orm
11 if ". t
., allon:
Name: Trianow Homes
Address: 4200 6th Ave SE #301
Contractor License No: TRIANG144600
Subdivision: Palisades West
Contact: Lae, Dan
City: Lacey
Expires: 09101108245
Permit No: BLD•08-0326-YL
Issue Date: 09/1712008
(Work must be started within 180 days)
Receipt No: 56169
Phone: 360-493-0002
State: WA Zip 98503
Lot: 15
Phone: 360-493-6002
State: WA ZIP' 98503
Business License: 002940.0
Project (nfoe-M4 tioni
Project: Palisades West
Description of Work: SFR lot 15,
plan 22122U
Sq. Fl. per floor: (1.9t) 1828
(2nd) 1298
(3rd)
0
Garage 719
Heat Type (Electric, Gas, other). GAS
Basement
0
Fees:
Item ----- – - — ----------
Item Fee
Base Amt
Unit Fee
Unit Rate
No. Units
Unit Dese
Building Permit 100-500k
Building Plan Review
2,263,05
1,470.98
-----------
99175
...........
1,269.30
5,6000
... ......
.
226,6610
.
.. .........
$1,000
Mechanical Permit
7825
-
0�00
0.00
0.00
0.0000
010000
Plumbing Permit
118.00
20,00
0,00
9&00
0.0000
0.0000
Sewer ERU
Sewer Inspection
5.885,00
0.00
51885.00
7,0000
6.885.o0oo
14-0000
1,0000
Fixture
ERU
Water ERU
145�00
1.500.00
0=
0.00
146,00
145M00
1-0000
ERU
Water Meter (SFD)
300.00
30�00
1,500.00
1,500,0000
1.0000
ERU
Consumer Dep
90,00
90.00
0.00
0,00
0�0000
0.0000
Traffic Facilities Charge
Fire District Impact Fee
1,334.21
1,230.40
000
.1.0100
1334.21
0,0000
1,321.0000
D.0000
1�000
Peak PM Trip
State Building Fee
4.50
0.00
4.50
1.230.40
0.3200
3,84&0000
square foot
TOTAL FEES-
$14,419.39
0.00
0.0000
AOplldaint's Affadavit:
I Certify that I have read and examined the information contained within the application and know the same
tobe true and corroc(, I also certify that the proposed structure is in conformity withal] applicable City of
Yelm regulations inctuding those governing zoning and land subdivision, and in addition, all covenants,
easements and restrictions of record. If applying as a contractor, I futher certify that I am currently
registered in theAtato of Washington, , _
Signature
Date
Firm i. / '4
Applicant:
Name, TrIance Homes
Address: 4200 8th Ave SE # 301
Project information,
PrOje& Palisades West
Description or work: SFR lot is, plan 22122fj
Site Address: 10766 Palisades Street SE
Item Acct Code
----- - ------ - --------- - -
Building Permit 100-500k 032 001 - 322-10 -00
Building Plan Review 100 001 - 345 -83 -00
Mechanical Permit
032 001-322-10-00
Plumbing Permit
032001- 322 -10 -00
Sewer ERU
802 412-343-50-01
Sewer Inspection
805 412-343-80-00
Water ERU
715 401-343-80-02
Water Meter (SFD)
712 401-343.80.01
Consumer Dep
740 402-389.00 -00
Traffic Facilities Charge
420 120-345-85-00
Fire District Impact Fee
106 001-345-85 .00
State Building Fee
160 001-386-00-00
0.00
TOTAL FEES:
CITY OF
YELM
R0. Box 479
JYelnl, WA 98591
360-158-3244
City: Lacey
Permit Fees Schedule
Permit No: BLD-08-0326-YL
Phone: 360-493-6002
State: WA Zip 98603
Assessor Parcel No. 67110001500
Item Fee
Base Amt
- . .......
Unit Fee
Unit Rate
No. Units
Unit Dose
2,263,05
993-75
.......... .
1,269,30
--- -------
6.6000
-- - -------
226.6610
- - ----------
$1,000
1,470,98
0-00
0.00
0,0000
u000
78.25
0.00
0.00
0.0000
D,0000
118.00
20.00
98.00
7.0000
14.0000
Fixture
51885.00
0.00
6,885.00
6,885.0000
1.0000
ERU
146.00
0.00
145.00
145.0000
1.0000
ERLI
11500.00
0.00
1,500-00
1'500'()()00
1.0000
ERU
3=00
300.00
0.00
0,0000
0,0000
90100
90.00
0.00
0.0000
0.0000
1,334,21
0.00
1,334.21
1,321.0000
1-0100
Peak PM Trip
1,230.40
0,00
1,230.40
0.3200 3,845.0000
square foot
4,50
4,50
0,00
010000
0.0000
$14,419.39
R E Q E J1/f r
H
U t-1 () -9 01 L A 1:13 & 3 9
R (I-CEFIVR O&I
T R I AN C E li ED () 11 F &3
4200 6TH AVE 8�-
LACEY; KA 9 8 5 o
DATE REC. NO,
C) 9 / I "I / 0 81 S G 167
BUMCFTARY
5 T C If EN
'd --
RECEIPT No. 5 616
AMOUNT
REF NO.
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-------------------- . \ \
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- --------- 0 ----------
. ,
|J
Lu
al
City of Yelm
Community Development Department
Building Division
Phone. (360) 458-8407
Fax: (360) 458-3144
Applicant:
Name: Triance Homes
Address: 4200 6th -Ave S E # 301
Project Information:
Project: Palisades West
Description of Work: SFR lot 18, plan 22122U
Site Address: 10766 Palisades Street SE
Fees:
Item
- ------
Acct Code
- ---------- - -- - -
Building Permit 100-500k
-----------
032 001-322-10-00
Building Plan Review
100 001-345-83-00
Mechanical Permit
032 001-322-10-00
Plumbing Permit
032 001-322-10-00
Sewer ERU
802 412-343-50-01
Sewer Inspection
805 412-343-80-00
Water ERU
716 401-343-80-02
Water Meter (SFD)
712 401-343-80-01
Consumer E)ep
740 402-389-00-00
Traffic Facilities Charge
420 120-345-85-00
Fire District Impact Fee
105 001-345-85-00
State Building Fee
160 001-386-00-00
0.00
TOTAL FEES:
City: Lacey
Permit Fees Schedule
Permit No: BLD-08-0326-YL
Phone, 360493-6002
State: WA ZIP 98603
Assessor Parcel No. 67110001500
Item Fee
Base Amt
Unit Fee
Unit Rate
No. Units
Unit Desc
2,263.05
993.75
1,269.30
5.6000
226.6610
$1,000
1,470,98
0.00
0.00
0.0000
0.0000
78-26
0.00
0.00
010000
0.0000
118-00
20.00
98.00
7.0000
14.0000
Fixture
5,885.00
0100
5,885-00
5,885.0000
1.0000
ERU
145.00
0100
145.00
145.0000
1.0000
ERU
11500.00
0.00
1,500.00
1,500,0000
1.0000
ERU
300.00
300.00
0.00
010000
0.0000
90,00
90.00
0.00
0.0000
010000
1,334.21
0.00
1,334.21
1,321,0000
1.0100
Peak PM Trip
1,230.40
0.00
1,230.40
0.3200 3,845.0000
square toot
4.50
4.50
0.00
010000
0.0000
$14,419,39
W
YELM COMMUNITY SCHOOLS
PO BOX 47
YELM WA 98596
7
Clerk: Croy
Terminal,
Rece i t
Manua ; 78515
Receipt;
NTRIANCE
N206-618--0483
TRTANCE GROUP INCORPORATED
12639 St 307TH ST
AUBURN, WA 98092
S/17/2008 8;50 AN
rice
I CPF2900 2675,00
ITION
06-023 - MI LOT TGA 15 - FORRCSTER HE16HTS
Subtotal: 2675.00
Tax: ,00
Tota): 26750 ,00
Check 2675,00
12133
Change Due: 0100
THANK YOU
O"ftCntnrofRW,r =" — krrerrrar R:"ftW$fln&*
Fomr 1 040 U.S. Individual Income Tau Return 2009 99
Label
Forthe JM 1- Dec 34, 2tIIl9. or other fax :2�, .20
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Yowm cb]raoaft mxTwbu
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Andrew i Smith
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11 5411 105th Ave SE _.. ___..
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social securltjt
number($ ) above. A
Presidential 1ye3.m WA 98597 idwIleyar tax orrehwxl;
Election
campaign t heck fare #you oryocrsptxesa iiMagjondy, vrant x3 trs go to Isis find? 3nstrttetirnts }........ , , • ► []YOU [] spouse
1 Single 4 Heed of household (with qualifying parson). (see
Filing Status Instructions.) If the pualify ing person is a tdhlid
2 talanied Waj (e%" itmtyare had.ir>corrre} but not your dependent; enterthis child s
3 Marded 9 sep 7'.E er sp�xase'sSSN abmre.& ftdt name here ►
Check Only . 5 aualifyii WdowLO with 22endeddQI (sea iratructions)
one box n here
Exemptions so R1 Yourself, if someone can dalm you as a dependent, do not check box 6a.. � a �
Is J S se . • - t Na or cnekben
(2 }E?eppendenFs» (3) Dependents . arn:
c 43eperhderrts: socfai s - curfty relationship
number to you "O `"d'r°" ' 3
t� ut : raa rwi
1 First name Enact name -
lochs) onvAmy1m
Shane W Smith Son or
tthenfour Jacob W Smith San
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dependents, Suza.nna. -J Smith Data liter ,.
sea: instructions t—1 _
and check beret*[] J A'" m+ronges
on s 5
d Total number :of exert s claimed . , •above
7 Wag",` salaries, tips,.efi, Attach Form(s) W-2 ......... 7 109;600.
Income 0* Taxable interest.. Attach Schaduta S ifrequired .. 8a 58
b Tak exempt interest. Do rW indude;on:l}ne $a 8iri
3lttecil.lerrrf{s} 9a Ordinary dtvklentis . Attach Schedule Bifrequired 4 .. ....... 98 30.
41T.2feere Also bCitiCddh+idends { s0eis) ... . .... 911 34
attaifrForrtrs 10 Taxabierefunds, at* s. oroffset&of state a4localascume taxes (SWkstjuctions) ..... M ...... 18
MIS and t04t1 R
i#taaswashriUdleld. 11 Alimony received ..... . , .... o . .... .. ... . , . , .. , 13
12 Busb*n iin ome or (kix s ). Atiaoh achadule C or f-EZ . . l�1 . , , 12
If you got -a did Ad 13 Capital gobor.( Mess }.AUSchOdregd.frctregd;:ckhere • ... , .. r 1 .1 13
9a a Yd-2; .
see hViuctiom. 1+4 other gains or (hisses ): Aftech Form 4797 :.........................
15; IkA distributions .....:. 15 al _ b Taxable amount (see lisstrs) , : I-Sb 2 98.0 .
Ida PenWns and annufts , , Isal b Taxable amount (see instrs) .. 16is
17 Rental real estate,spysihes. partnerships, S corporations; trusts, etc. Attach Schedule E ... 17
Enclose.but.da 1$ Farm income or {toss }.,Atiach Schedule ;F ........ , » .. » .. i$
nab attach arty 19 reopent�sea� arc..... . . . . . . . .. 19
20 $mlalsewhyb ...... *I20al b Taxable amoririt (see instrs) : 20b
1MV. 21 Otheriiifirns ___________________ _ _ _ 21.
22 Add the amounts in the fir � calumrn for lines 7 throe h 21: This Is your total Income. 22 98,.801.
23 Educator expenses (see Instructions) ........ 23
Adjusted 24 Cenain � exptxrses �s pert Y .. a€151s, and tt a basis
Gross: rttanEsitfidaEs #�ECach orm21'oior,2'E�.... .... 24
Income 25 Heattb savings account deduction. Attach Form 8889 ..... 25
26 Moving expenses- Altach Form, 3903...... ...... 26 .
27 One -fraliof- self - employment tax..Attach Schedule SE~ • . , .. 27
28 Self- empMxyed SEP, SIMPLE, and qualified plans .. , ..... . 26
29 _&a-e "yed health Msurame deduction (see instructions) . ,...... 29
30 Penalty on early withdrawal of savings ............. 30 _
31 a Ali rory paid h ItedpLWs SStl... ► 31 a
32 IRA deduction (see Instructions) ...........:... 3E
33 Student low Intenestdeduction (see instructions) ....... .33
34 Tuition and tees deduction. Attach Form 8957 .... ..... 34
35 Dwitsbc V*&rdw a&iiiles tle*u .Attach font W3. ,
36 Add lines 23 =31a and32 - 35.... .......... ......... ........ 36
37 Subtract erne 3Fi from line 22. This Is 'Our a0 lusted gross :Incense ...... . . ► 37 9 8 , E 01
13AA For Disclosure, PrivarcyAct, and Paperwork Reduction.Act Notice, see.instructlons. Fdhtr31h2' 09JIM Form 1040 (2009)
39 Amount from ke 3 a sted gross Income) . . . . . . . . . . . . . . . .
Tax and 39 a Cho(* y�ou were tom before January 2, 1945, E] Blind. Total boxes
Credits if I
A.Spouse was bom-before January 2,1'$45, Lj Bllnd: checked '.. 34a
Standard
Deduction L b jycWVwsekem[zesonasVM*rMM OfYOW"readuOl-stalls alien, see 80d ck here
for.;- . . . . . . . . . . ... . 40a
on OUMIR real estate taxes, new mow veilicialum or
0 People who b tym ate iXVMN YOU-r MWKW dMIC6
check any box a rd disaster bm irbeh Sche" . . . . . . . . . . . . 40b
online 390. 39b, 41 Subtract One 4.0a from line 38 . . . . • . . . t . . . . . • ... • .. • . . . . .
OeOborwho *2 trine 38"125,l000rloss.andyouddoaprW6-hGu5ingtoaL-tdwesUM&SOCed
can be claimed ffluillpY $3,6W by the runber on line U Oftv4m SW hWIKUM . . . . . . . . . . .
,as a dependent, 43 ToWkimm Sd*adMa42*Om We 41.
.we instructions. ftw42is morethan In411 OnW4 . . . . . . . . 43
• All others, 44 Tax (we inslis). Check: ff any tax Is from'. a L Form(a) 8814
b Form 4972 Z . . . . . . . . . . . . . . . . 44
Single or Married 45 Altemalthre arinImUM tax tsee Instructions). Attach Form 6251 .......... 45
filing separatetyj 46
$5,7700 46 Add Noes 44 and 45 . . . . . . • .............
Wifrequired ...... 47
MaMed filing 47 Fonogn tax.crecitt. Attach -Form 11 2441 48
join 48 credit iorchild anddependent cam expenses. AffachForm
Qua 49 Education credits from Form 8863, line 29 . . . . . .. . . . . . . 49
41dow(er), So Retkarnefit savings contributions credit Attach Form M80 . . . 50
ChildWicredit(seeiristructlans). ......... T
51: 2 OO
H I ead of 52 Credits I km Famt a (] 83% b 08838 c 569 52
household,
$11,350 53 Othercm(M.Fonn. a,3ElUU b Q98#1 c G
1 54 Add lines 47 through 53. These are your total ovecift . . . . . . . . . . . . . . . . .
55 Subtract fine S4 tr . ornfirte 46. If line 54 is more than llneAll, enter.-,G-
56 saem. tax. Attach SchoWaSE . . . . . . . . . .. . . . . . . . . . . .. . . . . 36
Other 57 UMVoned wadi secwqWtMa&mteta�bmFotm� a04137 :bReir19 .............. 57
ettreme tans, at AtAchFwm5329ff(qfred No 58
Taxes. 58 Add6onal tax on IRM, other qualifieds
59 1 AddifiDnaluDes: a EIASCpaymer6 b Household empoymed taxes. Attach SchmblcH ...... -69
60 , .... s so
61 Mcoms.t 'whhheld from FormsyV-2 And 1099 61
PayMents ax 339
7oW estimated ;axpwjm.wfts and amwirit applied from .2bgretuM ... 621
63, "we* pay and SovemMemFellrec cre&�ch Schedtjie'M '63
if You haven L 64a:Eanwd income dredit(EIC1. ...... ...... r64 a
tic R g
a
child attach #:Nontaxablemoulpayelsopo- 4461
SchWito EIC, es Nddiflonat childlax credit. A% I Oic Form 8812 ....... 4
68 Refundable education 0*0dit-frOm Form 8861, line 16: 66
67 Fitst-ffmeUmebuyse credit. Attach Form 5405, 67
68 Am aunt
paw vo request forextertsion fie fife (seemstr-
69 Excess SWW seturity and filer .1 RRTMaxw0eld (saa hSt"
70 C(iedlits from Farm-. i 2�39 b [] 413i c -U 4Wj 4 ❑ On$ 70 1
71 Add Ins 6143,64k & 6--70.-Thm are YMY"I PM ......... ....... 71
RM% hM gre,71jhis is the MM -lbuoverpaid.. .
Refund 72 #W-7j-jsm=#=k.m.6Qsubaad
Direct deposit? a Amomat of.fine, 12 you went re f nded"th VG� f Form 88lg.ts Attached, check here
Sewinstructions I- b - Routinghumber - 3T40742 -69 Sa�ings
_jTpe:_[] Checking
A nd fill In 73b
� ► d Account number
I., �
20,214.
78,587.
18,250.
60,337.
$1214.
8.214.
51
74 A=Mo(#re72youwatt!Miedtoy9W2MOa*DgWtax .... *174, 1
Amount 75 Ameantyau ores. Subtract lift 71 flan lifte6o. F6r detail ........ ► 75
_son hoW to:p.ay..swIrsMX*AS
You Owe 7$ r:sfimatedtaipenaltYLstb- lrt$trUCOOn . 1 . . . . . . 76
Third Party Do you Want 14 aWw gnOther Fe(SW to discuss tis return WVI the IpS (sae inO~ Lj Yes Complete the foil owing7 jXj No
Sign Q; WMWA aw
on Oprep
here
Joint return?
See 4nshuciions.
Keep a coPY rig—. If Wth nml sign.
P-m-es j.
Paid Sombim v
Preparees
Use Only
no
oats
Fvvali2 OMM
I -M
rticrx
aoC
I pmpames am (W PnN
ML
Form 1040 (2009)
SCHEDULEA
Itemized Deductions
(Farm 1040)
2009
D
Attach to Form 1040. ► see instructions far Schedule A.(Form; 104it).
=m. 07
N8=(5)9%"0n FWM1W
lybors "Cuft
manber
Andrew J &
Cynthia
M Smith
Medical
caution. Do not in dude expenses reimbursed or paid by others.
and
I
vow and &40 evenses �W has . . . . . . . . . . . . . . .
Dental
Expenses
2
Enter ammo untfrom Form 1040: gnu 38 2
3
Multiply line 2 by 7.6% (.075) . . . . . . . . . . . . . . . . . . . .
3
4
Subtract fine 3-from line 1. If liner 3 Is more than line 1, enter -4 . . . . . . . . . . . . . . . . . • 4
Taxes You
Paid
5
a
State and local (check only one box):
income taxes, or
I
b
W C*naral sales taxes ................ A.-
5
11888.
a
Peat estate taxes (see Irmtructions) ....... ........
6
668,
7
Now motor vehicle taxes from fine 11 of the.wotksheet on.page
fees
2. Sldp this line Wyou checked box 5b -
7
instructions.)
a
Other Wes. List We and amount - - - - - - - - -
. .. .... ..... .......
gh8 .................
Interest
10
Faro 1058 ..........
10
.17,6SS.
You Paid 11 098. lfg , Idtothe'person
- show tpemos-name,
jdaroftputelm, and address
- - - - - - - - - - - - - - - - -------
--- - - - - - - - - --- - - - - - - - - - - - - — - - - - -
-- - - - - -- - - - --- - - - - --- - - - - - - - - -
12
12
- - - - - - - - - - --- - - - - - --
Paz not reported to you on Form 1098. See instfs'lor-90 rules . . . . . . .
13
Hate.
Personal
43
Qualified m0ftgj46'lnsursnc&pramjums {see Instructions . . . . .
interest 14 Invesim - ant Interest Attach:Form 4952 if required.
Is.not
deductible_
(Soioitm) . . . . . . . . . .. . . ... . . . . . . . . . . .
14
is Add Imes 10 through 14
17,658.
aft to
16
. ,
Gift .by cash or check it you made any lifit.of $250 Or
Charity
more, see instrs . . . . . . . . . . .. . . . . . . . . .
16
If you made
17
Other than b"y'cash or dieck. 9 any gift of $250Y or
agift and
more. see instructions. youlnustattach Form 8283 if
got a benefit ,
jor it, see
over 500 . . . . . . . . . . . .. . .... . . . . . . . . .
17
instructions.
18
Cl rover # 0 M -pnor year . . . . . . . . . . . . . .
18
iS
Add.11nes 16 throe ghIS . . . . . . . . . . . . . . . ... . .
fs
Zsualty.arld
Theft Losses
20
Casuat or theft foss es j Attach Form 4664.' See Instrictions.) . . . . . . . . . . . . . . . ..
20
Job Expenses
21
Unreimbur%ed employee-expenses - job travel,,unlon dues,
and certain
job edqcefion, etc. Attach Farm 2106 or'2106-EZ if
Miscellaneous
required. (See InstructIons.)
Deductions
22
50.
22
- - - - - --- - - - - - - - - - --- - - - - - - -
Tax preparation fees . . . . . . . . . . . . . . . • . . . . . . . .
23 Other expenses - Investment, safe deposit box, ate. List
instruwtions:)
type and amount - - - - - - - - - - � -4-9
Miscej1aneou8 erases - - - - - - - - - - -
23
49.
24
99.1
24
- -
'RaTkWii hrough 23 . . . . . . . . . . . . . . . . . .
t
25 Efftarnmg,kornFormim sine 3B .. . 1,25 1 98 8al
26
Multiply fine 25 by 2% (.02) . . .. . . . . . . . .12-6
1,976-
. . .
. . . . . . . . . . . .
b ct We 26 from find 24. If line 26 1�j mote than line 24. enter -0-
Sutra
27
0-
28
Other - from list in the Instructions. List type and amount -
- - - - - - -
- - - - - - -
Other
Miscellaneous
- - - - - - - - - - - - --- - - - - - -
- - - - - ---
._- ,.-, --
Deductions
- ...L..__ --
Total
29
Is Form 1040, fine 36, over $166,80(} (over $03,400 if
IterritrAd
married filing separately)?
Deductions
®N0. Your deductionis not trotted. Add the amounts in the far light column
for Wide 4 through 28.,Also, enter this amount on Form 1040, fine 40a.
r
29
20,214.
L=j
30 it Lou elect to itemize deductions even th220 U)q we 10st than YoWstaixford dedattion, check hem
SAA For Paperwork Reduction Act Notice, see Form 1040 Instructions. FQIA0301 IMM Schedule A,(Form 1040) 2009
OMS No. t$48t074
Capital Gains and Losses
-Atlach to Form 1040 or Form 104ONP. P-See Instructions far Schedule D (Form 1040). 2009
► Use Schedule D4 to list additional transactions for lines I and S. I I � N., 12
Nwle(s) Sham an ftftm
Andrew J Chia M Smith
Part 1 Short-Term Capital Gains and Losses — Assets Held One Year or Less
d I (d) 3493 Rrks k�
wW W o, yr) (see instruddft)
arerIEKIVIC (M. day(c, 13- ad
1 850.00 9 7RMYE F11MCIAL
M
A at o0w bmis I (f) Cain of OOSSI
WTS�) Subbad III fMM A
,A li& nn
2 Enter yourshort-term totals, it any, trom Schedule D-1, line 2.... 1 2 1
3 Total short-term sales price amounts. Add titles I and 2 In
column (d) .............. ...... J 3
4 Shaft -term gain ftm Form 0252 and short-term gain or (lose) from Forms 4684, 6781, and 8824 . . . . . . .
5 Notshort-tOrm gain or (loss) from partnerships. S - corporations, estates, and busts from Schedule($) K-I
6 short4effn capital loss carryover. Enter the amount, if any, from line 1.0 of your Cap" Loss Carryover
Workshest in the inshuefims . .. . . . . . . . . . . . . . . . . . . . .. . . . . . •
7 Net shcritarrn capital g2!n.or (l ass). Combine lines I thtuflh 6 in column (f) . . . . . . . . . . . . . . . . . .
I
Par# T-77 Long-Teviln Capital Gains and Losses — Assets Herld'More Than Ofte Year
SAA For Paperwork Reduction Act Nouce, see roan ivqu or rorm. w4unn u: u uxi• --.
FD"12 =1M
(b) Date agauhud
Oka, day. yr)
(C)DabWW
(Mo. day yr)
(d) s4res P—
bxtruceora)
(0) cost W cow be*
(Seolustmodo")
GaW pr (lass)
s4wract (a) 110% (0)
9 Enter your-long-term totals, If any. ftm Schedule D-1, line 9
10 Total long term sales price amounts. Add lines 8 and 9;
column (d) ....... - - --- ---- -
11 Gain ftm Form 4797, Part 1, long-term gain from Farms 2439 and 6252; and long term gain or (loss) from
Forms 4684, 6781, and 8824 ..................... .........
12 1* ,.t long-larm.gain at (oss) from partnerships, S corporations, estates-and trusts from Schedute(s) K-1
13 C8P1W9Ad%*40MSeeh*S .......................... .................
14 Lo r= capital loss carryover. Enter the amount, if any, born line 15 of your Capital �toss Carryover
We cot in the irtstiuctions ........ ..................... • ........
IS Net long-term capital gain or (loss). ComVine Ones 8 through 14 In column (Q. Then go to Part III on '115
page 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w . . . . . . . . . . . . .
12
13
14
SAA For Paperwork Reduction Act Nouce, see roan ivqu or rorm. w4unn u: u uxi• --.
FD"12 =1M
Schedule 0 (Form 1040) 2009 Andrew J & 2)mth2a M Smith Page 2
F+arC1l�SUMMary
16 Combine lines .7 and 16 and enter the result ........... ....... I .....
If Rote 16 Is:
Again, enter the amount from line 16 on Farm 1040, tine 13. or Form 1040NR, line 14. Then go to
line 17 below.
A lots, ski p fines 17 through 20 below. Then go to line 21. Also be sure to complete line 22.
Zero, sidp lines 17 through 21 below and enter-0- on Form 14140, line 13, or form 104ONR. fine 14.
Then to go fine 22.
17 Are lines 16 and 16 both gains?
nYes. Go to line 18.
E] No. Skip lines 18 through 21, and go to fans U.
18 Enter the amount, if any, from line 7 of the 28% Rate Gain Workshoet in the instructions . . . . . . . .
19 Enter the amountit.arty, from line 18 of the Unreca.ptured Section 1250 Gain Worksheet in )- 1--
the instructions ...... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 19,
20 Are lines 18 and 19 both zero or blank?
yes. Complete Form 1040 through line 43, or Form lMt4R through fine 40. Then complete ft Qualified
DIvIdends.andCapital Gain Tax Worksheet in the Instructions for'Form 1040 (or in the Instructions for
Form 1040MR).- Do not complete fines•21 And 22 below.'
No. Com 040 through line 43, of Form 104ONR through One 40. Then. complete the Schedule
Worksheet In the instnuRioM Do not complete fines 21 and,22 below.
-21 If line 16:15 a loss, enter here,and on Form 1040, One 13, or Farm 104ONR, tine 14, the smaller of-
2 21 • The loss on Fine 16 or . . . . . . . . . . • . . . . . . . . . . . . . .
• ($3,000),-orffmara W figng.so0arMely, WO)
Note. When figuring wNidt amount is smaller, treat both:smou nts- as positive numbers.
22 Do you, haverquardled dividends on Foan 1040,11ne 9b, ofform 1040W. One 10b?
Form 1040 thro .-ugh 'line 43, or Form 104ONR through One 40, Then completle.the Qualified c
Y— Com Capital Gain Taill1lbrksheet in Dl,idendtpt-nd the InstructioneforForm 1040.(orin the Instructions for
Form 104ONR)-
No. Complete the rest of Form Ji340 or Form 104ONR-
SchaduleD (Form 1040) 2009
SCHEDULE E Supplemental Income and Loss of 15"74
(Form 1040) Plm rental mat estate, royattle% partnerships, 2009
S Irporations, esibiles, trusts. REM] Cs, etc)
P Attach to Form 1040,104ONP, or Form 1041.
(99) Sea instructions for Schedule E (Form 1040). =6. 13
Name(a) stiown on retum I Your social secovily numbor
Andrew J & Cynthia M Smith 1911=11111111111111
Income or Loss From Rental Real Estate and Royalties Note- 11 you are.in ft businen of renting pemoW Properly, use
SdW* C or C-EZ (see Instructions). It you are an Individual report lium rental Income or loss from Farm 4M on page 2, Ine 40.
2 For each rental rot Yes Nc
1 List the tvpo and address of each rental real estate Wed on line 1. did you
A Residential -- - - - - - - Of your W4 use it during the A X
4�j'CBje;o'7k li�71i*(:;i-ii3�:-----if<:Tce��2--�i- tax yearforpersonal Purposes
B Residential formorethan the Weirtof of-
17 X
4jj0-ff - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 dap, or
c;ja�� Lane Dixcn, 140 6S459 10% ifft!0111U�'s
C rented atibir rental
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - -
Income: A C (Add columns A, 13, and C.)
3 Rents received . . . . . . . . . . IS 1 15,600..1 11(125.1 3 26,7251.
4 Rovattles received . . . . . . . . . . . 1 4 1 1 1 4
5 Advertising . .. . . . . . . . . . .. . .
6 Auto and travel (see Instructions) . . . .
7 Cleaning and maintenance
a Commissions . . . . . . . .
9 Insurance
10 Legal and other proN!islunal fees
Ii Management fees . . . . . . . . .
12 Mortgage interest paid to banks, etc
(see fruilru ictions) . . . . . .
13 Dtherinterest. . . . . . . . . . ..
14 Repairs. . . . . . . . . • ..
is Supplies . . . . . . . . .
is, Taxes . . . . . .
. . . . . . ... . . . .
Is Other (list) - - - - - - - - - - - - - -
Amortization
------------------- ----
- - - - -- - - - - - - -
- - - - - - --- - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - -
- - - -- - - - - - - - - - - - - - - - - - -
- --- - - - - - - - - - - - - -
- - - - - - - - - - - - --- - - - --- - - -
- - - - - - - - - - - - - - - - - -- - - - -
- - - - - - - - - — - - - - - - - - - -
5
1 29,444.
20
10,083.
t2
16,238.
6
,at experwA.Addl lines 19 and 20 21 21,203. 17,324.
21 -Tet
22 Inowle or (inss) firart rental teat estate or
iwpr% Subtrict One 21 from firle 3
4 (royaldes). 9 ft test* is a
001115 4 in
522.
350.
8
wA& file Fenn W1 Realestale precessional
mist corrode kne 43 on page 2 ....... 23 -5,603- -6 199'.
24 bwmne.,Add positive amounts shown on line 22-Do not Include ar4r losses . . . . . . . . . . . . . . . . . . .
24
10
25
-11,802.
25 Loss". Add foyalty-klsses,ilrom line 22 and rental real . estate losses from line 23. Enter total losses here . . . . ..
11
3 f213.
itnietat on Form 100. line 17, or Form 104W 0. 18, Itclude man
. . . . . . . . . I . . . . ... . . . . . . . . . . . i . . . .. . . . . . . . . .
12
8,119.
s :139.
_
13
14
1,707.
219.,
16
4,234
,218.
17
53 .
20,9.
143.
19 Add dlines 5 through 18 . . . . . . . . . 19 15 s21, 12,,Z23.
is
1 29,444.
20
10,083.
20 De depletion
(Sxedl
5,582. 4,701
,at experwA.Addl lines 19 and 20 21 21,203. 17,324.
21 -Tet
22 Inowle or (inss) firart rental teat estate or
iwpr% Subtrict One 21 from firle 3
4 (royaldes). 9 ft test* is a
001115 4 in
fifatrarn 6M .............. 22 -5,603. -61199.
23 Dedixft rental real estate loss.
Cauarriorr. Yralrr rectal real estate Isss on line 22
wA& file Fenn W1 Realestale precessional
mist corrode kne 43 on page 2 ....... 23 -5,603- -6 199'.
24 bwmne.,Add positive amounts shown on line 22-Do not Include ar4r losses . . . . . . . . . . . . . . . . . . .
24
25
-11,802.
25 Loss". Add foyalty-klsses,ilrom line 22 and rental real . estate losses from line 23. Enter total losses here . . . . ..
F26
26 or (kiss}. Cornblao lines 24 and 25. Enterlbe
ruselthere. !loops RALIV.-a 54-40 on 2dorlof plytojK also enter Ois
1, ft
itnietat on Form 100. line 17, or Form 104W 0. 18, Itclude man
. . . . . . . . . I . . . . ... . . . . . . . . . . . i . . . .. . . . . . . . . .
602._
BAA For Paperwork Reduction Act Notice, SM 1"StrUCV011S. FD22301 0624109 Schedule E (Form 1040) 2003
F.4562 (japreclation and Amortization
cluding Inibirmation on Listed Property)
Oopar4nant or the Treury
-q— ftanamfft inntnir-flang. ► Aftch to vour tax return.
-: T. 1� I
aus.1r,ou or X" lawch this ft"Tolattis
SCh A Milo Deduct:icins
LPali i ,__ : Election To Expense Certain Property Under Section 1.79
Note: Myou have MX Listed pMR!&, complete Part Vbebre vou emY ate Fart i.
I Maximum amount. Sea thainstructions lbr a higher limit for ce ' rtairy busirimes .................. $250,000.
2 Total post of section 179 property placed In service (we Instructions) k .............. .......... 2_
3 'Threshold cost of section 179 property before reduction in limitation (see instructlons) .......... - . 3 2800, Oroo.
4 Roductionin limitation. Subtract goo 3 from line 2. If zero of less, enter -0- . . . . . . . . . . . . . . . . . . . . .
5 Doltar timitationfor tax year. Subtract [he 4 from One I If zero or less. enter -0-. If married filing
. . . . .. . . .. . . . . . . . . . . .
7 Listed property. Enter the amount from Krie 29 . . . . . . . • . • . . . . . . . 7
8 Total elected cost ofsection 179 property. Add amounts in column (c), lines 6 and-7 . . . .
,9 Tentative deduction. Eirter the Smaller Of flne'.5 or fine 8 . . . ......... ........
40 Carryoverofi4sall9wvddeductloriftum tine i3 afyou.r.2008 Form 4562 . . . . . . . . ... . . . . 10
11 1 Business income fimltatlon. Ervler the smaller oftiustriessAncoma (Fictiess than zero) or tine 5 (sealris")
12 Section 178 79 e)ISonse deduction. Add- Mai g and 10, birt do not enter more than tine I I . . . . . . . . . . . . . . 12
13 Ca
Meaver of disallowed deduction to 2010. Add lines 9end 10,. law llneJ2.
tote- Do not use Pad 9 or Aort 111 below tor Wed propedy. Instead, use Part V.
14 Special.deprectationellowance for qualifted proper ty (other. than its," property) 06641. 16 service during the
tax
16 Other depvt6lation-Cincluding ACRS) - . . . . . . . . . . . . . . 16
IPart "O fix MACRS Depreciation (Do not include listed propw.) (806 instructions)
17 MACRS deductions for assets placed In service Wtax yeembegInning befbM,?009... . . . . . . . .
Is lf you are elecftto cup any assets placed InaWpeduring the taXyearinto one ormore general
immat acnounts- check here . . . . . . . ... .
Me - M I (9),=raemdon
- 64M
19a jMr
propeq ......
b*5 -Aar
property . t . - - -
c Tyear
property. .
d12jTarpTwrI:y
a 15-year
property
f 20marproped-y
a 25-velar DniDartsr
yrs S/L
b 12-year . . . 12 I
C ot} Mr . . . . . . 40 yrs I - M $/L--[�—
j -- - --------
I Part SLIMMM See Instructions.)
21 Wed properly.Enter amount from line 28 . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 21
22 Tatat, Add actor wds Win the 12jM 14 VO* 17, lines 19 and 20 in 69tow 4 and e Z1,Srter here and on
the appropriale,fires of your return; Partnerships anti S corpotakAS — see instructions
. . . . . ... . ... . . . . . . . . . . . 122 49.
23 For assets shownsbova and placed Insorvice during the current year, enter
the portion of the basit attributable to section 263A costs . . . . . . . . . . . ... . . FmT
BAA For Paperwork Reduction Act Notice, see separate lnstnxctlans FDEM2 OTWM9 Form 4$67 (2009)
orm 4562 2009 Andrew J & CYLIttlikt M
part `V Listed Property (include automobiles, certain othervahfcles, cellular telephones, certain computers, and property used for.
entertainment, recreation, or amusement.)
Note: For any vehicle for which you are using the standard mfleage rate or deducting lease expense, complete orrty 24a, -24b,
columns fa) through (c) of Section A, :ell of Section A and Section C if applicable.
Section A -a Depreciation and Other information Caution: Sep the instructions for limits €or passenger automobiles.
24a Da you have euidence to the businesstnvestinent use dalrued? Yes I No 24b ii `Yes: isthe evideme written ?.... Yes Nru
(a) (b) ) (d)- (e) ( (9) jh)
nasal #ras#stordepmxialion RecoveryMelhodr Depiecieiion
Pjacm
YypedP%P-yLMT Galegfern8 invasbrtent °r petbd Gomten6on deduct on 179
vetedna&sti servirw rule ouwbests C the none hnanc Oost
26 Special depreciation allowance for qualiiled listed property placed in service during the tax year and
.......r ...,..a sr,.,.,,r na_ in o nemim-4 ,mf+ t'~oa insAruchnnsl ... ............. ... 25
200.
28 Add amounts 61 column (b), lines25 through 27. Enter here and online 21,.Pagel .... . ... 1 za I
29 Add amounts in column (i) line 26 Enter here and on line 7 99ge 1 29
Se uon.B -• Information on ilse.of Vehicles
Complete this section for vehicles used by at sole proprietor, partner, crother'morethan 596 owner,' or related parson. if you provided vehicles
to your employees, first answer the questions in Section C to see if you meet an exception to completing this section for those vehicles.
(a) (b) (i (d) (e) (fl
30 Total business(riveshnent mltasdriven Vehicle 1 Vehicle 2 Vehicle 3, Vehicle 4 Vehicle 5 Vehicle
during me yew (da not include
commuting mi%s) ". ... . . . . . -
M foist coinrnuting mites ditirM during ilea year .... .
32 Total: aItherpersonat (noncommuting)
miles driven ... , . - .... ... . .
33 Total miles driven during the year.:Add
lines 300 through 32 .. . ...... .
Yes No Yes No Yes No Yes No .. 'Yes No Yes No
34 Was,the vehicle available for personal use
during off -duty hours? ..... . . -EE' I ___j 1, 1 1
35 Was the vehicle used,primetthj"by amore
than S% owner' or related person? .... .
36 is anothervehicte avaailable.for
personal use?
Section C — Ousetions for Employers Who Provide `feliicles•for Ilseby TheirPmployees
Artswer these questions to determine if you heat an.keeptionlo completing Section B for vehicles:used by employees who arc not.mom than
SO/* owners or related persons (see Instructions).
Yes No
31 Do you maintain.awriiten policy statement that prohibits all:personal use of vehicles, including commuting,
by.your employees? .. . . ... , ..... „ .............. .
30 Do you maintain a written policy statement that prohibits personal use of vehicles, expept.commuft, by your
employees? See the instructions for vehicles used by corporate officers, directors. or I % or more. owners ........ _ • . .
39 Do you treat all use of vehicles by employees- as personal use? ......... • ...... ....... > ... ,
40 Do you provide mcxe than five vehicles to your employees., obtain information from your employees about the use.of the
vehicles, and retain the Information received? ......... .............. .... . , • ,
41 Do you meet the requirements concerning qualified automobile demonstration use? (See inst uctions.) ............. .
Note: lfyouransworfo 3T, 38, 39, 40, or4l Is'Yes,'do rrot complete Section S €or#ha covered vehicles,
PaitVll : Amortization
[a) (b) (c) (d) i$) {f)
oa5s + +tar +ore r4 Dift MntdiuSon nnxxft able CAft nmordmtkrn AMO(Owoon
amount setl7on n for Nis year
42 Amortimflon of crusts that begins during your 2GO9 tax year(see instructionsr
43 Arnortizationof coasts that began before your 2009 tali year....... ..... • . • . , . • , • • ..... ' W — t—
44 Total Add amounts In Column (f) See the Instructions for when: to report . .
F13MO612 077( TM Form 4562 (2009)
Frirn $582 Passive Activity Loss Limitations
°1Va Nm Isi -im
�
► See separate Instructions.
arunnntartheies�y ♦ Attach to Form 1040 or Fort 1041.
k,terrat!?even,wsetvice (99)
t
su`e ' ice. $$
i�ttlryit191ristlttlar
Name{5)�,awn cn rehm
Enter $159,,000. if m riled filing separately, see the instructions ...... .. •
Anclrew J & Cynthia M Smith
150, 000.
iOO9 Passive Activity toss
Caution: Complete Workshoots f, Z and 3 on page 2 beibre completing Part 1.
Enter muddled adjusted -gross income, but not less than zero (see instructions) . , ,
Rental Real Estate Activities With Activo Participation (For the definition at. active participation, see Special
110 -6 03 .
Allowance for Rental Real Estate Activities in the Instructions.)
1 a Activities with net income (enter the amount from Worksheet 1. column (a)) - .... In 0*
b Activities with net loss (enter the amour unt front Worksheet 1, column (b)) ...... 1 b
Note «. if tine M graatex uten orequal to fine 6, skip lures s and 9, enter -.0-
a Prior years unallowed tosses (enter the amount from Worksheet 1, column (c)) ... 1 c
d Combine Ones 1a, 1b, and le ........... ... ...: . ....:. , ... » ..... , .... , . , .. .
1d X11 $t}2.
Commerelat Ravitalrzatlon Deductions From Rentai Real Estate Activities
on lino 10. offierWiso, go to. fine 8.
2 a Commercial revitattzation deductons fmm Worksheet 2, column (a)........
b Prioryaar unallowed commercial revitaiization deductions from Worksheet 2,
Subtract line ]. from The 6 ...............................
tl
column (b) .. :. , ... ...:......... . 2b
c Add lines 2a and 2b ........... .......................... _ ..,....,.
2c
see instructions - .. ,
Ail other Passive Activities
19,699,
10
3 a Activities with net income (enter the amount,from Wotttsheet 3, column (a)) .. 38
10
11 S 02 .
b Activities with net loss (enter the amount from Worksheet 3., column (b)) - 3b
it line 2c is a toss, goto, Part Ill. Otherwise, V to One 15.
c Prior yerirs wallowed losses (enter the amount front Worksheet 3, oidumrt (c)) . , . 3 c
Note; Enteralinambers in Part N as P. a amounts. Seethe exam a torParf 11 in the fnsttucflvns-
dComtune tines 3a, 3b: and 36 .. . . ........ . ....
11
Enter$25.000 tenured by'the amount, if any; on One 10. lfmarried filing separately, see instructions ........
4 Combine lines 1d, 2c; and 3d.: If the result 14. net income or zero, all tosses are allowed including any prior
yyeaaar unallowed losses entered on One 1c, 2b or 3c. Do not completeForm:M2. Report the losses onthe 4
%erns and schedules normally used. .. , ... .
If line 4 is a loss arid: • line 1d is a loss; .got Part ll.
+ Una Zo Is .a loss (and One Id Is zero or rnorej sk p:Part 11 and go to Part ttl.
# Line 3d:ls a.kiss:(and Ones. 14 and 26 are zero or more), skip Parts.[[ and .Ill and;90 to Tina 15.
Caution: Ifyourfrffggg. status istrtarriedfrlirigseparatelyandy aulived:withyourspouseat -any time duringOieyoer, trotccmptste
Part it orPxTul instead go- tolrne:15.
15 Add the income, if any, o.lims'l a.and 3a and enter the total ................... .....
16 Totai losses allowed tirom all passive activities for 2W9. Add lines 10, 144, and 15. Seethe instructions to 1 & 11,802,
find out how to report the tosses on your tax return ..... .
SAA For Paperwork Reduction Act Notice, see the instructions. Fart 8562 (2009)
FD 21901 081209
Note« Enter all nwnfiers in Part ll as post&* amounts. See the instructions for an example:
5
Eider the smaller of the toss on Id orthe loss on line-4 . . . . . . . . . ... ....
5
11,802.
6
Enter $159,,000. if m riled filing separately, see the instructions ...... .. •
6
150, 000.
7
Enter muddled adjusted -gross income, but not less than zero (see instructions) . , ,
7
110 -6 03 .
Note «. if tine M graatex uten orequal to fine 6, skip lures s and 9, enter -.0-
on lino 10. offierWiso, go to. fine 8.
8
Subtract line ]. from The 6 ...............................
tl
39,397.
9
Multipiy line 8 b 50% (.5). Dc not enter more than. $25, 000. if married filing separately.
see instructions - .. ,
9
19,699,
10
Enter the smaltar of fine S:or Hire 9 , . , ......., , , • , .. , ............. • ....:
10
11 S 02 .
it line 2c is a toss, goto, Part Ill. Otherwise, V to One 15.
Part'lil Special Allowance for Commercial Revitalization Reductions From Rental Real Estate Activities
Note; Enteralinambers in Part N as P. a amounts. Seethe exam a torParf 11 in the fnsttucflvns-
11
Enter$25.000 tenured by'the amount, if any; on One 10. lfmarried filing separately, see instructions ........
11
12
.Enter the lossfiom fine 4 , .............. • • .... fi ...
12
13
Reduce line 12by the amount online 10 ... .......... . , ..... ... .. ......
13
14
Enter the smallest of line 2c (treated as a positNe amount), dine 11, or line 13 ..... . .............
14
15 Add the income, if any, o.lims'l a.and 3a and enter the total ................... .....
16 Totai losses allowed tirom all passive activities for 2W9. Add lines 10, 144, and 15. Seethe instructions to 1 & 11,802,
find out how to report the tosses on your tax return ..... .
SAA For Paperwork Reduction Act Notice, see the instructions. Fart 8562 (2009)
FD 21901 081209
Form 8382 (2009) Andrew J & Cynthia M Smith Page 2
Caution: The, woiftheels must be filed with your lax return. Keep apW forj2urrecords.
VU~L ham# 4 — V^v VAn RJZA'J I ina� 4a 4h anA 4ih IQ- 1—f—Ml— I
Name of activity
Currentyear
Prior years
Overall gain or loss
(a) Not Income
(line 1PI
(b) Not loss
line 1b)
(c) Unallowed
loss (line 1c)
(d
Gain
(a)
Loss
4080 Brook 11ollow Dr.
0.
5 603,.
0.47475004
5,603,
0-
5,603,
14420 Howard Lane
0.
69 199.
4i199
Total ........ ......... ......... ►
1.00
Total..
1.00
Total. Enter.on Farm 85112, lines la, 1b,
81W 10 ...... o ......
oj
11,802.1
Worksheet 2 — For Form $582, Lines 2a
and 2b (See insttucHo S.)
Name of activity
(a) Current r
JUctlems (1,Za)
(b) Prior year
unalloyed
deductions Ono, 2b)
(C) Overall loss
Total. Enter on Form 86112. lines 2a and 2b ............
'7777777
Cument year I Prior Years Overall.gain-or loss
Name of actIft (a) Not Income - (b line toss j _�e) Unallowed jal (a)
I p as) ' � M I oss (line 3Cj_ n Loss
Total. Enter an Form,WM lines 38,3b,
and 3c ....................
Worksheet 4 — Use Ws worksheet if n amount is shown on Form 52i line IU or
14: see insbuctions,
I
Name of a GlIvity
Form or schedule
and line number
to be reported on
Loss
lao
�(Oj) S tat
allowance
(d) Subtmot
column (c)from
column (a)
4080 Brook Hollow Dr,
13 Ln,23:
5,603.,
0.47475004
5,603,
0-
14420 Howard .Dane
E Ln 2S.
6,1:99
4i199
Total ........ ......... ......... ►
1.00
Total..
1.00
AT�Wv�[�M
Name of activity
Form or schedule
and line.number
to be reported on
sc imstructlons)
(a)
Loss
(b)
Ratio
Onallowed to"
Total ........ ......... ......... ►
1.00
BAA FOL719M Ofit"g Form BUZ (2009)
SCHEDULE M m 1040A or 10 oms W, -1545-0074
(For0) Making Work Pay and Government
Retiree Credits 2009
(99) --Attach to Form itiox im, orIMNP- See separate Instructions. tea. 166
Minw(s) shmm an return Your SOCW ft*Mhj ritirtibo
Andrtaw J & Cvnthia M Smith
I a Importer& Seethe instructions 9 you can be claimed as someone else's dependent tor are filing Farm .
1040NR Check the 'No' box balm and Seethe Instructions if (a) you have a net loss from a business,-(b) you
received a taxable scholarship or fellowship grant not reported ono Form W-2, (c) your "gas include pay
for wotk padormad while an inmate in a penal Institution, d) you received a pensio nor annuity from a
norigualified deferred compensationplan bra nonglovemMental secdon467 plan, or (a) you are filing Form
266 or2665-EZ.
Do you (and your spouse if filing jointly) have 2009 wages of more than $6,4511($12,9031 married
filing Jointly)?
Yes Skip lines la through 3. Enter $400 ($600'd. marded Ming jointly) on line 4 anoll.go-to lines.
No. Enter your earried income (see Instructlons)
b Nontaxable combat pay Included online is
. .. . .. Ib
. . . . . . . . . i
(see in
2 Multiply line to by 6.2% (.062) ... . . . . . . . . . . .. . . . . . . . . . . . . 2
3 Enter VOO ($800y if married filin Jointly) . . . . . . . . . . . . . . . 3
4 Enter the smaller of line 2 or. line S (unfass you checked 'Yes' an tine 1a) .. . . . . . . . . . . . . . . . . . . . 4
3 :Enter the amount from Form 1040. tine 38% or Form 1040A, line 22. . . . . . . . . 3 _98,801.
S Enter $75,OW.($150, DO if married filing jointly) . . . . ... r 150,000.
I Is the amount on Ones more than the amount on line 67
k--1 No. Skip line a. 8tortha amount from line 4 online 9 below.
Yes. Subtract Fine 6 from line 5 . . . . . . 7
8 Multiply line 7 by 20A (.02) . . . . . . . . . . . . . . . . . . . . . . .
9 Subtract One 8 from line 4. If zero or less. enter -0. . . . . . . . . . . . . . . . . .
10 Did you (or your spouse. iffilingiointly) receive an economic recovery payment in 2000? You may have
received this payment If yo u received social security benefits, supplemental security Income, railroad
retirement beneft,or veterans disability cot or Pension beneft (S" Initirtiations).
pensadon
M No. Enter -0- on line, 10 And'§o to line 11.
Yes. Enter the total oftho payments; received byycu'(and your spouse, H'Al Ing johuy).
-Do not enter ore than than $250 ($500 #,married filing jointly)
M
10
0.
11 Did you r sruse. if filing joiritly)-recetva a pension or annuity In 2009 for Sam= performed as an
emptoya=ft S. Government or any U.S., state or locairvernent ftm Work not covered by social
.S
socunWDe not tndude any penr,innoran(to -repartedon Form 2.
No. Enter -G- on line 11 and go to line 12.
Yes. * If you checked 'No' on line 10, enter $250 ($500 if married filing jointly and the
answer an line 11 J%`Y6e fvrboth spouses)
11
0.
0 if you checked 'Y"'on One 10, enter 4) (exception. order $250 If filing jointly
and die, spouse Who received the pension or annuity did not receive an
economic recovery payment described online 10)
12 Add lines lO and lil .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
0.
43.
800.
13 Subbed fine 12 from Itne 9. If zero or loss, enter -0- . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
14
800.
14 Making work pay and government retiree credits. Add Ones .1 I and 13. Enter " m mutt he and :on Form
1040.1ine0i arm 1040A, fino*4(); or Form 1044NR, line 60 . . . . . . . . . . . . . . . . . . . . . . . . . . ..
*If you are filing Form 2555,2555nEZ, or 4503 or you are excluding income from Puerto Rico, see instructions.
SAX for Papamork Reduction Act Notice, see Faun IWA, 1040, or 104ONR Instructions. Schedule M (Form 1040A or I W) 2009
[ii .1 FIT; V1.1 = WRIK-13
Form 1040 Qualifled Dividends and Capital Gain Tax Worksheet 2009
Line 44 P, Keep for your records
Name(s) Shown on Return Social Security Number
Andrew J & CVnthia M Smith
I Enter the amount from Form 1040, line 43 . . . . . . . . . fi 60,337,
2 Enter the amount from Form
1040, One 9b . . . . . . . . . . . . 2 30.
3 Are you filing Schedule D?
FilYes. Enter the smaller of
line 16 or 16 of
Schedule 0. If
either line 15 or 16
is a loss, enter -0- 3
F__j No. Enter the amount
from Form 1040,
line-13.
4 Add lines 2 and 3. .. 4
5 If you are claiming investment
interest expense on, Form
4952, enter the ernount from
line 4g, dtheTwise enter mti-. 5 0.
6 Subtract -jlne,5 from ;ljne4_ If zero or less, -enter -0 .. . . . . 6 30.
7 Subtract line 6 frontline I- Itzero orless,.6nter -D ....... 7 60,307.
8 Enterthe smaller of.,
The amount on-line I- or
$33,9 so if single Sp.
g al or married filinge
. -
$61,900 if married filing,joIntly or 60,337.
qualifying wid er), or
$45,500 ff bead of houlsehold.
9 is the amount on line 7 equal to or morei-than the
-amount on line 8?
Yes. Sklp fines Q and 110; go to line 11.
No. Enter-the amount from tine 7 ...... 9 0,307.
10 Subtract I !no 9 from tine 8 ............. 10 30:
fit Are theamounts on lines 6 and 10 the same?
8 yes. SkJplln'e4 11, through 14 go to line 16
No. Entisrthe smWlerof line I ar line (I ....... III
12 Enter tine ,aunt frorn line 10 (if line 10 16:blank. enter O) ... 12
13 Subtract line 12 front line III- .
14 Mulliply'llinia IS by 15% (.75) - - .................... ......... 14
15 Figure the tax on the amount on line 7. Use the Tax Table or Tax Computation
Wdrkstuiet; whichev6r-applies. . - . . . I I ................ I ....... is 8,214.
16 Add lines 14 and 15 .. . . . . ... ........... . . . . . . 16 8,214.
17 Figure the tax on the amount online 1. Use the Tax Table or Tax Computation
Worksheel; whichever applies. ...... . , .. ... ........ 17 8,214.
18 Tax on all taxable Income. Enter the smaller of line 16 or line 17 here and or;
Form 1040, line 44 ....................................... 18 8., 214.,
TaX Payments Worksheet 2009
i- Keep for your records
Narrie(s) Shown on RetUM Social Security Number
Andrew a & Cynthia M Smith
F-dimated Tax PavMentS for 2009 (if more than 4 payments for any state or locality, see Tax Help)
Federal
state
Local
Date
1 04/15/09
2 06/15/09
3 09/15209
4 01/15/10
Amount
Date
04/15/09
Amount
to Date
— 04/15/09
06/15/09_
— 09115/09
01/25110
Amount
to
06/15/43
L2 D
_21Z15
Tot Estimated
Payments
'Tax Payments Other Than Withholding
(If multiple states, see. Tax Help)
Federal
State
1f3E
Laval
Ip
6 Overpayments applied to 2009.
7 Credited by estates and, trusts -
.8 Totals. Lanes l through 7
9 2009 4wdenstons, ............
Taxes Whit eld From,
Federal
state
Local
10 Forms W-2 ..................
11 Forms W -20 .....................
12 Forms 1099-:R ........
13 Forms 1099-MISC and 1099-G ...........
14 Schedules K-1 ....................
is Forms 1099-INT, DIV and 010 ...........
is social security and Rallroad Benefits ......
17 Form '1099 -8 .. , , ... Sf Loc
1&a Other withholding .... St — Loa
b Other withholding .... St — Loa
a 0 therwithholding .... St 1 Loa
10 Total Withholding Unes 10 through 180.
20 Total Tax Payments for 2009 ............
11,331.
11,339.
11,339.
Prior Year Taxes Paid In 2009 1
(if multiple states or localities, see Tax Help)
state
to
Local
to
21 Tax paid with 2008.extensions ..............
22 20118 estimated tax paid after 12131108 .........
23 Balance due paid with 2008 return ............
24 Other (amended returns, Installment payments, etc) -
Schedule E Schedule E Worksheet 2009
Keep for your records.
N:nne(s} as shown on rerur>S
soda! seamy Nmber
Andrew J & t~hia M Smith
This copy of the worksheet will be on ..................... > Schedule E, Page 1, COPY 1, Property A,
1 Properfytype Residential Locatton (streeteddress) 4080 Brook Hollow Dr' .
City Schertz State 2X Zip 78154 Foreign Country
Check all that apply
AOwned by spouse .............. . . ....
B Owned " ;c 0y ... , .................... ,
CRental property ................ ..... .
D Royalty Property ....................... .
E Acthfe.participallon .. . . ................
F Material participation .... , .................
G Commercial property .......... . ........
H Some investment is not at risk ... , , ............ .
1, 030
I Rented to a nonpassive activity ............. .
J Other passive excep s.......... , . .
K Complete taxable disposition — See:NetP .. ... , ... .
L Treat all MACRS assets for this "activity as qualified Indian reservation property? ..... ................ . . . Yes
Regular Q Extension
Wig
No
M Treat all assets acquired after August 27, 2005 as qualified GO Zone property?.. ..........
N Treat all assets acquired after May 44, 2007 as qualified Kansas Disaster Zone property? .............. 4 .... 'des
No
0 Was this activity located in a Qualified Disaster Area? .. , .. .......... , ..... ......... • • . Yes
No
Ownership Percentage
P Check to allocate income and expenses using ownership percentage ................ ....................
I �)
QEnter ownership`, percentage . , . .............. . • ...... • , .... .
Combined. personal residence and rental use
.. • . • . ..... .
RCheck to allocate personal use items ........... • .. • .. • • .... ...... » .. • .. •
SPercentage of rental use ... ... _ ....... I ......... . ... , ...... , . , ..... , .... .
1 r
Vacation home
T Check if this is a vacation home property , .... .. .. ...... . .. . ...... . • . .
1 r 7-
U Check to allocate interest and taxes using Tax .Court Method .. , ... ..... ........ , ..
VNumber of days recited . „ ..... .............. ...... .. ,
WNumber of days personal use.. , . . . .... . . ....... ... > , .... .. , .. , .
11r f r1.rY;rM1B.: tfra'rauc n3e'1F1nff. "-d if naafi fl{ n asr, . .. . . . . . . . , , . x . . . . . . . . . . . . . .
4,234.
3 Enter rental income (not reported on 1098) - - . ... ... La r 0 UV.
Rents from 1099- MISO'and Cancellation of Debt Worksheets...... .
Total rents received ...... , .... .. . 1516 O tl . 100-:000000
4 Enter royattles.recetved (not reported on t039 ) .. ...... .
Royalties froin'1099 -MI= Sdmdcte K-1 and CametiWon of Debt fit -hefts ... .
Ttlat rnvalfion FFfrA!Vpd r . . . . . . . . . . . . : . . ... -. .
5 .Advertising .......... .
6a Auto ............. .
6 Travel . .... .
7 Gleaning and maintenance ...
9a Mortgage insurance quataied -. .
b Other Insurance ... ,
10 Legal acid othw xotessWol fees. , .
11. Management fees ..
92a Mortgage Interest qualified :. ,
b age axerestother ...... .
13 Otherinterest........ .
14 ,Repairs.... _ .........
15 Supplies .. > ........ .
16a Real estate taxes. . , . , ...
bOuter taxes .. • ....... .
17 Ufilities .......- ..... .
IS Oft- rexpenses.........
a
522.
522.,
1, 030
z
S , i 19 :
8 11 g
1 r
1 r 7-
4,234.
4,234.
b
c
d
e Indirect operating expense .. .
f Operating expense canyover. .
g Vehicle rental. .
h Amortization .......... 209
19 Add lines a through 18 . , ... 15,821-
20a Depreciation ...... , . » . 5, 2
bDepletion........... .
e Depreciation carryover .
21 Total expenses. Add 19 and 20 ............ ... ..
. .
22 Income or (loss) ..........................
23 Deductible rental real estate loss ............ . .......
209.
is '821
5, 3 FR.
1 --7 5 , 6 03 .
FMX1701 i TM''W
Schedule E Schedule E'Worksheet 2009
Keep for your records.
Sadai §aarity Number
Namats) as slwwn on ratum
350.
Andrew J & c3mthia M Smith
This copy of the worksheet will be on ... ........ . .......... • &, Schedule E, 3Pa e l , Co 1 prc ert ,E
1 Propertytype Residential Location (street address) 14420 Howard Lane
City Dixon State MO, Zip 65459 Foreign Country
1 y 3 as ..
Cheek aft that apply
AOwned by spouse ....... . ..... . . . . ....
t3 Owned joinify , , ............ • ..... .
C Rental property, .... , . , . , . , .
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f=ederal Carryover Worksheet page 3
Andrew J & cynthia M Smith
Charitable Contribution Carryovers
rrr
26 2008 Carryover of
charitable contributions
from:
a 2008 . . . . . . . . . . . . .
b 2007 . . . . . . . . . . . . . .
c 2006 . . . . . . . .
d 2005 . . . . . . . . . . . . . .
e 2004 ...............
Other Property
Capital Gain
(a) W/o
(b) 30%
30%
(d) 20%
27 2009 Carryover of
charitable contributions
from:
a 2009 ....
Ib 2008 ... ... ........ .
c 2007 ...........
d 2006 ... ...........
0 2665 1 .... ... ...
Other Prop"
Capital Gain
(a) 50%
(c) 30%
(d) 20%
2a Amount overpaid jqgs earned income credit ........................... 7,385.
2408 StateCapital 1,6ss Carryovers (Focusers not transferring from theprioryear)
stete
Short-term
Capital LOSS
for State
AUT Shart4ann
Capital La"
for State
Long-term
'Capital 1.06s
forstits,
AUTIorig-term
Capital Lose
forr State
Capital Lose
(coffilPtned)
for State
AMT Capital J;ass
(combined)
for State
.. ........
Federal CarrywiprWorkshest 2009
Keep for your records
Name {s} ShOYM On Return
Andrew T & Cynthia m smith
Sodal Security Number
2008 State and Local Income Tax Information (See Tax Help)
2008
(a)
9 a Taxpayers excess Archer VISA contributions as of 12/31
b Spouses excess Archer MSA contributions as of 12131:
10 a Taxpayer's excess Coverdell ESA contributions I as of 12131...
b Spouse's excess Coverdell ESA oontributions)E4 of 12131. .. -
11 "a Takpayer's excess HSA cobbibuWns as of 12131 ......
b Spousa!s excess HSA contributions as of 12131 ..
(C)
(e)
M
(9)
State or
Paid With
I
Estimates Pd
I Total With-
Pald imth
I
r-
Total Over-
Applied
Applied
Local ID
Extension
After 12131
held/Pmts
Return
payment
'I
Amount
Totals. -
Other Tax and Income. information 2008 2009
I Filing status . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 MFJ 2 MFJ
2 Number of exemptions for'blind or over 65 (0 - 4) ......... 2
3 Itemized deductions after limitation.. ... . 3 99 075._ 2 0; 214.
4 Check liox if required to Itemize deductions. .......... 4 Li Li
5 Ad) usted gr oss income 5 79,689. 98, 801.
6 Tax liability for Farm 2210 or Form 221 G-F ............ 0 3,73-9.- 5, 712
7 Altem6flVe minimum tax. ....... ....... 7
8 Federal overpayment appiled to next year estimated tax.. ,
QuI&Zoom to the IRA (",formation Woftheet, for IRA, information.
Excess CoritribUtions
2008
2009
9 a Taxpayers excess Archer VISA contributions as of 12/31
b Spouses excess Archer MSA contributions as of 12131:
10 a Taxpayer's excess Coverdell ESA contributions I as of 12131...
b Spouse's excess Coverdell ESA oontributions)E4 of 12131. .. -
11 "a Takpayer's excess HSA cobbibuWns as of 12131 ......
b Spousa!s excess HSA contributions as of 12131 ..
9 a
b
10 a
b
Ila.
Loss and Expense Carry-Ovem
2008
2009
12 a :Short -terra capital toss..... ..............
b AW Shorl-vtqnn capital loss .................. I
13 a Long-term vI apItal loss .........................
b AMT.Long term, capital loss.... ...........
14a Not operating loss available to carry forward. ......
b AMT Net operat ing loss available to carry forward
l5a Investment Interest expense.dise I Ilowed ............
b AMT Invest ment interest expense disallowed ...........
16 Nomecaptured net Section 1231 losses from: a 2008; ..
b 2008.. -
c 2007.. -
4 2001;.. -
e 2005.. .
f 2004...
12a
b.
13 a.
to
14 a ,
b
15
b
16a
b
d
f
7,7-7777 7",
RESPONSE TO REQUEST FOR PRODUCTION NO. 10
bg
Racnivad_
City of Yel Onto m By
I F"U-e, No.
Commimity Development
Depw-bnent - -y-
FINAL PLAT APPLIcATrON
(-tv-h'e>r) S fUl'ted
t CcrNb
'P iz��Ck� C*J�) (Ouncdoo 1.)100-7)
Fee:$-75"o 66',
(in addition. any 12rafessional service charges
per Resolution #358)
APP01iVTA1E4VTREQUfRE,D f,'ORiIPPLICATIONSUB,1,112'T4L- Please call 4i8-3835
Subdivision Name —Pa I i _sA Ae s lue ((-e (A-eA Q I I a I OZ, A V4 353V �0
'b - 05- 0L19 — YL F,-
Case # and Name of Preliminary Plat Approval �)u - 1 .,rresfr
Tax Parcel
WSR
-SUBDIVIDER S."VE"M
EQ n-
,
Name Name
(�Aryv_n LL,,� Q(Pcp_�
Address Address
Phone Fax Phone
1 C�3 q �6-- 9 -7qS-
Fax
Lr T Is
E -mail F,0i\CU-, At,,o_,r, E-Mail :r -1 A? P L_ I C/ -1 TIV N
car,-\ /16-7 R E ' , I'll N
PROPERTY OWNER(S)
Aildress 2
G 6,651 T9
360 6 i- 1-7io
Phone ) F**
A
ENGINEER '
Address
hi -7ys-0 s
Phone Fax
&I q ?, - 6
E -mail E-Mail j/c 0- C I ce 'n4A.-' I .
LAND USE BREAKDOWN (Calculate to the Nearest Hundredth)
Total Acreage
Number of Single Family Residential Lots
Number of Commercial Lots
Smallest Lot Area
Tmai Acreage In Open Space
Length in Public Streets
Length in Ptivatc, Situate
Number or, 101family Residential Lots
Number of industrial Lots
Average Lot Area
Fee in Lieu of Open Space
Total Acreage in public Streets
Total Acreage in Private Streets
All of the information an the reverse side of this application is required to be filed at the time of final plat
submittal unless a written waiver from the planner or engineer accompanies the application. After this
office has received written acknowledgment from all departments required to sign the plat, the legislative
body wilt be so advised and a date for a public meeting will be set for their consideration.
105 Yerm Avenue West (.790) 158-3835
PO HOM •119 (,?roj rib- 31,1,1 F'Ly
Yelms, IVA 99597
CHECKLIST /V 0+ of- PIP 11 /Ue-
Submitted Missi
SUPPORTING DOCUMENTS (Submit one copy of each document, unless otherwise noted)
1, Plat Certificate, date not to exceed thirty days prior to submittal.
2. A copy of any deed restrictions applicable to the subdivision.
3. A copy of any dedication requiring separate documents.
4. Approval (signed off punchlist) by the engineering department that the subdivider has
complied with one of the following:
A, All improvements have been installed in accordance with
the requirements of this title and with the action of the
legislative body giving approval of the preliminary plat:
8, An agreement and financial security have been executed
as provided for in the Subdivision Ordinance to assure
completion of required improvements,
5. Mathematical boundary closures of the subdivision showing the
error closure, if any (4 copies).
6 The mathematical lot closures and street centerline closures, and
square footage of each parcel (4 copies),
7- Lots containing one acre or more shall show net acreage to
nearest hundredth.
8, A phasing plan (if applicable.)
9, A summary explanation is required of how all City Council conditions
of approval and SEPA mitigation have been rI
to, Final drawings on disk in Auto Cad format.
it. A copy of any Home Owners Agreement.
12. A copy of any Maintenance Agreements (Storm Water and/or
Open Space.)
13. Warranty Agreement for all improvements.
14, Bills of Sale for Sewer and Water.
15, Deferral Agreement - Waiver of Protest (if applicable.)
16, Storm Water Maintenance Agreement.
17 Water Rights Agreement (if applicable-)
I& Homeowners Agreement.
lg. LID Segregation Application (if applicable,)
2(L Documentation of Well /Septic /Drain field Abandonment.
21, School Mitigation Agreement.
22. Latecomers Payment (if applicable.)
23. Open Space Fee in-lieu of Payment (if applicable.)
24 Any outstanding City fees,
25. As-builts -
26. Plat MaP(1 I folded copies -rolled not accepted,)
27. One 11 x 17 reduced copy of the Final Plat Map
Date Checked: Checked by:
Additional Information Requested:
Additional Information Received:
Application
10.1 VC11#4 'luearle lf'Lst (.Ifio)
110 Rox -179 (360) 1,78- 31.1.1 FLY
Vern., IVA 98597
RESOLUTION NO. 358
YELM DEVELOPMENT FEE SCHEDULE
(All applications are subject to additional professional review and consultation '
SUBJECT
APPLICATION FEE
PresubnnisskonConferencez
No Fee
Annexation Initiating Petition
No Fee
"Simple" Annexation
$
350.00
"Complex" Annexation
$1.250.00
Appea|3 Staff Decision
$
50,00
Commission Decision
$
100.00
Binding Site Plan/Site Plan BeviewIDasign Review
Mobile Home Park
$
25OOO+$SO.00space
Multi-Fem||yKComduminium
$
25O.OD+$5O.00 per unit
Commercial Site Plan
$
35000+$5O,0O per 1.OD0
sq. R. of gross floor area
Industrial Site Plan
$
35O-DO+$158.O0 per acre
Conditional mr Special Use /
Substantial Shoreline Development
$
500.00
Home Occupation
$
50�00.
Master Plan'
Conceptual Master Plan Approval
$1.O0O.00+costs
Final Master Plan Approval
$1.DQO�DO+costs
Ordinance Text Amendment
$
500�00
Planned Development District
$
75Q.OQ+$25.0Dunit
P|ats Boundnry Line Adjustments
$
fOO�OO
----
Large Lots
$
25O.UO+$1O.UO per lot
Short Plat
o
25O�U0+$5OUO per lot
Preliminary Full Plat
$
7SU.QO+$2SOU per lot
Final-Full Plat
$
750.00
State Environmental Policy Act (SEPA)
Environmental Checklist $ 150.00
Environmental Impact Statement $1.500.00
Vacation of Plats, R|Qht-of-VVay^&Easements $ 100,00+$250.00 if
approved
Variance $ 250.00
Zoning Map Amendment (Rezone)/Shore||neDesignation $1.00&00
Transportation Impact Analysis Data $ 500.00
'Engineering seTvicci and Legal servicesm prevailing rdtes as nccessary for tvvie�m, orms requested by applirmit.
Civil Bogkneariug review mp,ev*/Ungrates.
z
Initial Preabmhsoo conference :toocharge. Additional assistance requiring engineering and/or legal services will
be billed at prevailing rates.
/ Appeal fees are subject toupmu58% relluudit the discretion o[th,finNdeckjvo'makzr upon Findi*g in Favor of
[lie appealing party.
Fees may be reduced or waived by the CitV Council upon it finding of oreneral pUblic benefit,
Combined multiple applications, excluding environmental review, annexations, and T)A Data, submitted
concurrently are discounted by 50% for all fees greater than the highest individual fee.
Theabove fees (to not include construction permits, recording costs, and fees o[ other agencies.
ii'00C�SG1110 I:12510aP3?0i*. 012000a99w'
CUSHMAN LAW OFFICES, P.S.
City of Yelm 8/2112009
6201 - Client Advances and Expenses:62 2145.001 - Smith - application fee for minor platt ame 350.40
Business Checking Ac 2145.001 - Smith - application fee for minor plait 350,00
CUSHMAN
LAW
OFFICES) P.S.
N-1 rat L
NE YS AT LAW
Bet-iCLishm,,in@Cushm-.tnlsi,vv.cot-n
Mr. Grant Beck, Director
Community Development Dept.
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
124 CAMT01, WAY SOUTH
01,Y.VJ'[A, WASHINGTON 98501
060) 53-1-9183
FACISIMILF (360) 956-9795
August 21, 2009
RE: Application for I'Vlinor Plat Amendment to Palisades West
FUUMBSINUM
y r!,- cusi-liNIA'-4t
ffl?NJAA41N! D- CUSI flMAN4
JOSE 'P1 P1 I W.SCUDF-ItIff
UYINAj. C-UYKFN1DA1-J-
1ANfV.%4A. BIRD
Al ADWITED W
J-" mASKA, ORF'XiON, JDAU06,
N0101 I CAROUNA
dAlSo 1INVI9'1( -1) IN ALASKA, ORE ' GUAM
In follow up to your teleplione conversation with niy paralegal Doreen Ntilward, on behalf of
Andrew & Cynthia Smith, we are Submitting an application for a plat arnendment to amend the
two conditions or "Notes" added by the City Council to the Palisades West final plat concerning
the water booster pump station and the sewer roll seat, for the Purpose Of excluding the Smiths'
Lot 15 from these two conditions. The proposed amended text is shown by underline as follows
(for reference, attached as Exhibit A is a copy of the face page of the recorded plat):
C�
1. NO building permit shall be issued within this Subdivision, except for Lot 15, until a
0
booster pump is installed by the developer and approved by the City of Yelm which
provides adequate fire flow per the Internal Fire Code and City of Yelm standards,
provided that a building permit may be issued for a model home if a fire protection plan
is approved by the City of Yelin, Fire Marshall and SE Thurston Fire /EMS.
2. No certificate of occupancy for any habitable structure steal I be issued, except for Lot 15,
until a sewer roll seal is installed by. the developer and approved by the City of Yehri.
According to RCW 58.17.215 (copy attached as Exhibit B), plat amendments may be initiated
by any interested person, but the application needs to be signed by a majority or those persons
having an ownership interest in the lots. To prevent confusion or error later in the process, the
application form contains the signature of Steve Chamberlain, FF11, U,C, indicating lie agrees
with the proposed plat amendment.
Because this plat amendment application is probably unusual, f want to identify the reasons why
it is needed and the support for why approval should be granted, as well as to clarify the
procedure which is to be Used.
Grant Beck
August 21, 2009
Page 2
Procedural Clarifications
Although you had discussed a $750 application fee, we see that Yelm's Development Fee
Schedule identifies that a. minor amendment to a plat has a $350.00 application fee. Enclosed
with this application is a check for $350, for what we presume is a minor plat amendment.
In a prior letter to the Smiths' builder, You had identified a Hearing Examiner process that
would be needed to initiate a plat amendment, but it is not clear to me why this application
for a minor plat amendment needs to first conic before the Hearing Examiner in order to
provide a recornitiendation, to the City Council, Because it was the City Council who added
the two conditions as Notes to the final plat (attached as Exhibit C is an excerpt from the
Council's 12/11/07 minutes), the assumption is that the Council Would not need an
Examiner's recommendation to amend their own conditions. We reference the City's Code
regarding Decision- NMakers at YMC 16.12.110 which states: "The final decision with regard
to each preliminary full subdivision shall be made by the hearing examiner. The final
decision with regard to each Final full subdivision shall be made by the city council..." Based
on that reading, once the matter is past the preliminary plat stage, the decisions are made by
the City Council. So while a Hearing Examiner would indeed hear requested amendments to
preliminary plats, once the plat is final, it is Under the purview of the City Council.
Also refer to YMC 16.36.010: "No subdivision shall be altered except in accordance with
RCW 58.17.215. No subdivision or plat thereof shall be modified or amended except with
the approval of the decision-maker vested by this title with the authority to grant original
approval of such subdivision..." We would interpret the City Council's added conditions on
the final plat to be construed as the "original approval."
z::1
Further, a public hearing is neither required nor necessary. The requirement in RCW
1
58.17,215 states: "Upon receipt of an application for alteration, the, legislative body shall
provide notice of the application to all owners of property within the subdivision ... The
notice shall either establish a date for a public hearing or provide, that a hearing n7cly be
requested by a person receiving notice (emphasis added). Chapter 16.36 YMC also
identifies no requirement for a public hearing to process or enact a plat amendment, and
instead cites to the procedures provided in RCW 58.17.215. The proposed amendments CIO
not involve boundary changes or any modification to public rights-of-way, so there- should be
minimal public interest. Because time is of the essence, the matter could be reviewed and
considered by the City Council using a public hearing
g process during one of its regularly-
scheduled meetings.
Reasons and Support for the Requested Plat Amendments
On 9/17/08, the City of Yelm, issued building permit No. BLD-08-0326-YL for the Smith
t'
residence. This permit was based on the application submitted 9/5/08 by the Smiths'
contractor, Dan Lee, of Triance Homes. The application identifies the building owner as
Andrew & Cynthia Smith, and Dan Lee signed the form as "Contractor's Agent." Oil the
same date as $14,419.39 in permit fees were received and this Building Permit was
Grant Beck
August 21, 2009
Page -1
1�
concurrently issued, the City additionally received $2,675.00 as Lot 15's school mitigation
fund contribution. (Copies of application, building permit, and receipt are attached as
Exhibit D.) This building permit issued 9/17108 clearly was not for a model home, which
was the only exception allowed under plat condition Note 91 (quoted above), a condition that
had already been established on or before 2/12/08 when the Palisades West Final Plat was
recorded. Although we now know that there had been sonic understandings exchanged
between the City and the developer, our clients were not involved in those conversations.
They had no idea that the City wasn't supposed to have issued their building permit until
after the water booster Pump and sewer seal were installed. Our clients' construction
financing, was premised upon the standard procedure that if construction was property
completed, then an Occupancy permit would be issued.
By the tirne the Smith 1-10LISC was Finished being built in April 2009; the economy had
completely changed. The owner of the remaining lots in Palisades West was not able to
obtain the Financing he had anticipated, and therefore has been unable to install the water
booster pump and sewer roll seat (which we understand will cost about $400,000). There are
now multiple liens against all of the lots in Palisades West, except for Lot 15 owned by the
Smiths, who have continued making their loan payments, even though they are prevented
from moving into their completely-finished home. The likelihood of these water and sewer
improvements being made in the near future grows more remote with each passing month.
I
In April 2009, the Smiths and their builder worked to Understand and resolve any potential
issue regarding fire flow, since water volume for fire protection is the purpose of the booster
pump. On 4/6/09, the SE Thurston Fire & EMS -wrote a letter (copy attached, as Exhibit E)
outlining a very plausible plan for fire protection of the Smith residence, complete with two
different workable options. Fire Chief Rita Hutcheson and Deputy Chief Mark King explain
that the close proximity of the Fire station equates to a quick 3-minute response time, and that
there is currently a hydrant on site which provides 500 gallons per minute, and a secondary
I
hydrant at the main road. If the first responder laid a supply line using the secondary
hydrant, that -would double tip the gallons-per-minute volume. Alternatively, a tender
response could provide the full fire flow gpm during which time a second tenderwould refill
and return, repeating this process as necessary.
As for the sewer roll seat, it has been explained that its purpose is to prevent a back-tip of
effluent during times of high- volume use. While an entire new subdivision of hones added
to the system might trigger the need for this upgrade, the contribution of one home's sewage
usage does not. There Would be no adverse effect on the City's sewer utility due to the
addition of the Smith home in advance of the sewer roll seat installation.
While it is most unfortunate that Mr. Chamberlain has so far not received the funding to
make these improvements, the fact is that the Smith residence can be granted occupancy
without any adverse impacts to "'public use and interest" as that term is used in RCW
58.17.215.
Grant Beek
ALIg List 21, 2009
Page 4
In weighing the factors to decide this matter, we ask the City to give due c Otis ideratio 11 to the
consequences: If the proposed amendments are approved, the Smiths will be able to move
into their home; no further houses in Palisades West will be able to be constructed until the
water booster pump and sewer sea] are installed. As explained above, there will be no
adverse impacts to the City due to the addition of this residence. If denied, the Sti-tiths face a
financial catastrophe, and the City still does not get the booster Pump and sewer seal
installed. Moreover, without the Smith Family residency, there would be no presence at all
to Sustain the Palisades %Vest neighborhood through this economic Slump, thus lessening any
In I
chances the area may have for inclusion in the First wave of recovery. Attached as Exhibit F
is a 4/19/09 letter from the Smiths explaining their predicament. Simply put, there is no
Z'
benefit to the City to deny the proposed plat amendment.
In Summary, the Smiths have a beautiful, well-constructed house that meets all building code
reqUirenients, yet they are not allowed to move into it. Not only are they financially obligated to
continue making monthly payments on a house they can't live in, they also must continue to rent
temporary accommodations for their family until this matter is resolved. While it is hoped that
the water and sewer upgrades for the Palisades West plat can be built soon, there is no indication
that they can. If this standstill is allowed to continue much longer, the Smiths will suffer
disastrous consequences,. and City still gains nothing. We respectfully ask that Yelm act quickly
to approve the requested plat amendments. Thank YOU.
Very truly Yours
Cushman
BDC/dm
EnclOgUres
cc w/ cacl: Andrew & Cynthia Smith
Brent Dille, Yelrn City Attorney
Steve Chamberlain, FH1, LLC
Dan Lee, Triance Homes
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RCW5N]7.2l5: Alteration mfoubdivi+;no--Prnoeckizc. Page I«[I
RCVV5817.2i5
Alteration of subdivision — Procedure.
When any person is interested alteration of any subdivision of any portion thereof, except as provided in RCW
58.17.040(6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where
the subdivision _-located. ..- - .---_--._.-_-=-'-----_...`----_,-_-h_.-"-n—_r__'--_'-_-.
tracts, parcels, sites, divisions in the subject subdivision be altered, If subdivision is subject to restrictive covenants
which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant,
the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or
after the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the legislative body shall provide notice of the application ho all owners of property within
the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for e public hearing or
provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.
The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for
alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and
levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the
alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided
equitably between the adjacent properties.
After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of
the final plat mr short plat, which after signature o/the legislative authority, shall be filed with the county auditor to become the lawful plat of
the property.
This section shall not be construed as applying to the alteration mmplattin8of any plat nf state-granted tide m shore lands.
| \ �-
http://apps.leg.wa.gov/RCW/default-aspx?cite=58.17.215 9/19/2001)
6K (0/f- er
Call to Order — Mayor Harding called the Meeting to Order at 7:30 pm,
2. Roll Call — Present. Joe Baker, Bob Isom, Mike McGowan and John
Thompson, Excused: Don Miller, Pat Fetterly, and Russ Hendrickson.
3 Agenda Approval j
7-105 MOTION BY BOB ISOM APPROVING THE AGENDA AS PRESENTED.
CARRIED,
4. Special Presentation — Thurston County Waste Management Recycling
Program Update. Terri Thomas provided handouts for the Council on the
various programs that are new and improved including; food waste recycling
into compost for schools and businesses, choosing waste free holidays by
gifting experiences rather than things, adopting sustainable recycling in the
workplace and other educational opportunities that will be available to reduce
waste in the landfill and improve participation in recycling. Waste Management
is working with LeMay Garbage and Recycling as wall as learning from the
customer service surveys.
5- Public Comment- Mayor Harding called for public comment.
Paula Minkler from Roy has formed a Substance Abuse Coalition with the
cooperation with County Law Enforcement, the Yelm Police Department,
Schools, Discovery Counseling and others in the community for prevention of
abuse of alcohol, tobacco and illegal drugs through a supportive outreach
program.
6. Consent Agenda
a. Minutes: November 27, 2007 Regular Meeting
b. Payables - Totaling $346,085.41
C. Payroll — Check #12774-12899, totaling $348,320.98
d, Financial Report — November Month End Report
e. Park Use Requests: Yelm City Park, YHS 1978 Reunion, Wulfekuhle/Porter,
July 13, 2008, 100#
7-106 MOTION BY JOHN THOMPSON APPROVING CONSENT AGENDA ITEMS
AS PRESENTED. CARRIED.
T a. Public Hearings 2008 Budget Hearing was continued from the 11-27-07
Council meeting at 8:52- pm. There was no comment to the budget presentation
provided and the Public Hearing was closed at 7:53 pm.
7-107 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 886, CITY OF YELM
2008 MUNICIPAL BUDGET FOR THE CALENDAR YEAR 2008. CARRIED.
7- b. Public Hearing for Fire Impact Fee Establishing New Rate, Impact Fee
Funding Use and Emergency Medical Protection Agreement.
Mayor Harding opened the Public Hearing at 7.55 pm to hear comments on the
proposed Fire Impact Fee Increase and Funding Use for those fees along with
an update to contract with the Yelm Fire District for Emergency Medical
is/city council/2007
Protection. Grant Beck opened with an explanation that the hearing for the new
rate is continued and would cover each of three subjects under one related
topic. He provided a power point presentation on the background of the process
to adopt and expend those fees collected under the Growth Management Act
and Capital Facilities Plan for both the City and the Fire District. The proposed
fee was designed to meet the increased demands for equipment identified in the
6 year plan for a growing city and would impact the builders at the time of
permitting from $.21 to $32 per sq ft of a building project.
The current protection agreement expires at the end of the year. This proposed
agreement would be extended for a three year term. Mayor Harding closed the
Public Hearing.
7-108 MOTION BY BOB ISOM TO CONTINUE THE PUBLIC HEARING TO
JANUARY 8, 2008 TO HEAR COMMENTS ON ESTABLISHING A FIRE
IMPACT FEE OF 32 CENTS PER SQ FT OF NEW CONSTRUCTION.
CARRIED.
7-109 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIG11
INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE
THURSTON FIRE/EMS) FOR APPROVED FIRE PROTECTION FACILITIES.
CARRIED.
7-110 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN
INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE
THURSTON FIRE EMS) FOR EMERGENCY MEDICAL PROTECTION FOR
THE PERIOD OF JANUARY 1, 2008 TO DECEMBER 31, 2010. CARRIED
8. Now Business
a. Ordinance No. 887, 2007 Year End Budget Amendment. Tanya Robacker
reviewed the staff report to amend the 2007 Budget to appropriate variations in
both revenue and expenditure to balance the budget including; transfers,
donations, and expenditures.
7-111 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 887 AMENDING THE
2007 BUDGET AT YEAR END FOR REVENUE AND EXPENDITURES.
F
_L D
b. Palisades West Final Plat. Nisha Box stated from the staff report that
conditions of the preliminary approval have been met including; hillside
preservation landscaping, useable open space between Phase I and 11 and a
street connection to connect the two. A booster station for water and sewer
service is to be completed prior to final occupancy permitting.
7-112 MOTION BY JOE BAKER AUTHORIZING MAYOR HARDING TO SIGN THE
FINAL SUBDIVISION APPROVAL FOR PALISADES WEST SUB-05-0458-YL.
CARRIED.
C. Yelm Ave West LID, Phase 11, Construction Contract Award-Wood and Son
Earthwork and Utility Contractors, LLC, Inc. Jim Gibson reviewed the staff
report on the history of the LID formation and financing. Earlier in the day,
twelve bids were received and reviewed by Engineering. Wood and Son
Earthwork and Utility Contractors LLC is the low bidder and within the
Engineer's estimate for construction of Phase 11.
p1city council/2007 Page 2 of 4
Agenda Item 6a.
12- Correspondence provided for review included: Agenda for Thurston Council on
Cultural Diversity and Human Rights, AWC Small City Advisory Committee
Vacancies and Letter from unknown citizen regarding Circulator's Rights to
Petition.
13. Adjourned: 8:35 prn
Attest:
nine A. chn pf, City CIT k
js/city council/2007 Agcnda Item 6a.
Page 4 of 4
CITY OF YELM
RESIDENTIAL BUILDING PERMIT APPLICATION FORM
Project Address. 111126-A Atom& !`, L 5�, Parcel #: -7110001YOO
JU
Lot #: 1 Zoning;
New construction D Re-Model I Re-Roof / Addition El Home Occupation Sign
0 Plumbing 0 Mechanical 0 Mobile I Manufactured Home Placement 0 Other
Project Description/Scope of Work: 2-5rao-i-e-4
Project Value: 00, e0o
Building Area (sq. ft) 1"° Floor 2 d Floor 1'0/ Garage ]X/-- Deck
Basement— Carport Patio —
# Bedrooms Bathrooms ') I/ Heat ing: V3)OTHER or ELECTRIC (Circle One)
L 2-
Are there any environmentally sensitive areas located on the parcel? _No If yes, a
completed environmental checklist Must accompany permit application.
ADDRESS I o #0 M 1) -
CITY X 0 STATE —EMAIL
— _M Z) ZJP_i,,—..TELEPIT0NE _I&-rx I q -?z�
LICENSE #
7 0 9/0 EMAIL
CITY 39Tr_&ruV STATE
7-7ZI,- __JELEPHON s s y Z Ct 2_
[,N ' RACI'T 'N:-Tl PHONE
EMAIL �_�TT
R
ITY
0 T
N: 0 S
RA R' LICENS:i4 CITY LICENSE # 00,`1 1) f)
TELEPHONE
ADDRESS EMAIL
CITY — STATE -_ZIP _FAX
CONTRACTOR'S LICENSE # — EXP DATE -CITY LICENSE #
!�f` 1,11TSt , JY,;t� _TELEP HONE
ADDRESS —EMAIL
CITY STATE ZIP FAX
CONTRACTOR'S LICENSE #
EXP DATE. ITY LICENSE
— Copy of mitigation agreement with Yelm Community Schools, if applicable.
I hereby certify that the above Information Is correct and that the construction on, and the occupancy and the use of the
above described property will be In accordance with the laws, rules and regulations Of the State of Washington and the
City, of YGIM.
Applicant's Signature
Date
Owner I Contractor I Owner's Agent / C (Please circle one,)
All permits are non-transferable and will expire if work authorized by such permit is not begun
within 180 days of issuance, or if work is suspended or abandoned for a period of 180 days
105 Yelin Avenue Writ
PO Box 479
Y61111, J4% 98597
X K,/t b'f- b
(360) 08-38315'
060) 458-3144 FASR E C E[ V ft�
SEP 0
[-IF E
' TON
' ' ' ' 1: 1 L.4 C
16- 0
m
0
VICINITY MAP
N.T.S.
r
601
�, ----------
CP
00"
Lo 01
1 0)
Ln
Lo
I LIBUILDING ENWt�()PE 60,0 it
-
-------- 151 -----------
0
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-tit (501
<
Consulting Group
Dow"La
CIV.L - TRAN91ORTAIM
PLOMWO - SURYNnG
42M a A*ng S4 9t, M
so
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asolz ,
DRAVAC MADE
COV.bWG
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SHT, 1 of 1 1
Applicant:
Permit Fees Schedule
Permit No: BLD-08-0326.YL
Name' Triance Homes
Phone: 360-493-6002
Address: 4200 6th Ave SE # 301
City: Lacey State: WA Zip 98503
Project Information:
Protect: Palisades West
Description of Work: SFR lot Is, Plan 22122U
Site Address: 10756 Palisades Street SE Assessor Parcel No. 67110001500
Fees:
Item ....... - -- - -------
------
Acct Code
- - -----------
Item Fee
Base Am(
Unit Fee
Unit Rate
No. Units
Unit Desc
Building Permit 100-500k
Building Plan Review
032 001-322-10-oo
100 001-345-83-00
------- - --
2,263-05
1,470.98
---
993.75
0100
----------
1,269,30
0-00
-----------
5.6000
0.0000
--------- -
22&6610
0.0000
- - -- - -
$1,000 -----
Mechanical Permit
032 001-322-10-00
78.25
0.00
0.00
0,0000
0.0000
Plumbing Permit
032 001-322-10-00
118.00
20.00
9800
7.0000
14,0000
Fixture
Sewer ERU
802 412. 343-50-01
51885,00
0-00
51885-00
5,885.0000
1.0000
ERU
-Sewer Inspection
805 412-343-80 -00
145,00
0.00
146.00
145.0000
1.0000
ERU
Water ERU
715 401-343-80-02
1,500.00
0.00
1,500.00
1,500.0000
1.0040
ERU
Wale( Meter (SFD)
712 404- 343 -80.01
300.00
300.00
0.00
0,0000
0.0000
Consumer Dep
740 402-389.00-Do
90.00
90.00
0.00
0.0000
0.0000
Traffic Facilities Charge
Fire District Impact Fee
State Building Fee
420 120-345-85-0()
105 001-345-85-40
160 001-386-00-0()
1,334,21
1,230.40
4.50
0.00
0.00
4.50
1,334.21
1,230.44
0.00
1,321.0000 1-0100
0.3200 3,845.00()4
0.0000 0,04000
Peak PM Trip
square foot
TOTAL FEES,
$14,419,39
ZIP
"CITY OF
ate r YELM
R0. Box 479
In-i WA c-
--k Is -i�. 1W
A
R E- titter P T No.
A 141 D
f{ 1.a
it
li!,NON'ZCN
1.)Q-11i.,AR,
9 %- L, 14 IM,
RECEIVED FROM
421100 GTH AVE
1, ACE Y 9 8 5 0 3
DAFE REC. NO. XMOUiNT REF NO,
16 7
J 4 - 4 1 -9
BUDGETARY
YELM COMMUNITY SCHOOLS
PO BOX 476
YELM WA 98597
Clark; Croy
Terminal: I
Receipt� 78515
Manual Receipt:
NTRIANGE
TRIANCE GROUP TED
12639 S� 307TH ST
AUBURN, WA 98092
9/17/2008 6:60 AN
|
2675,00
MITIGATION
06-023 - LOT 15 - FORRESTER HEIGHTS
5ubtotal; 2675.00
Tax: 0.00
Totul� 2875.00
Check 267500
Change Due: 0.00
THANK YOU
E. THURSTON FIRE & EMS
Rainier yetm
Post Office Box 777
'helm, Washington 98597
(360) 458-2799 / Fax (360) 458-2766
Mr. Dan Lee
4200 6th Ave.
Suite 301
Lacey, WA 98503
Dear Mr. Lee:
Based on our conversation today, the following information is provided Pertaining to
your property located at 10756 Palisades Street, yelm:
I. The nearest fire station is 0.5 miles from the address, This is approximately a
three minute response. Given the close vicinity to the station and the
recommendation for an early detection system, the potential for fire growth
beyond 25% is highly unlikely. A 50% involvement or greater is incompatible
with life, A fire with 50% or greater involvement would be Mitigated in the
same fashion as it would be today given the current fire flow ability on scene,
2, The fire Vow requirements for this particular structure areas follows:
A 3,200 square foot home (no 9XPOSUres) 13 = 1, 066 gallon per
minute required fire flow for 100% involvement or,
533 gallons per minute for 50% involvement or,
266,5 gallons per minute for 25% involvement which can be met with
the hydrant currently located on site,
The current hydrant on site provides 500 gallons per minute, leaving
an additional 566 gallons to be provided for by a secondary source if
the structure is 100% involved,
3. The Fire Department can meet the required fire flow requirements in one of
two ways or a combination of both:
The first arriving S.E. Thurston engine would lay 1400' of 4" supply line
from the secondary hydrant located (�l
required fire flow or, . aLe Hwy 0507 & 105111 providing
An engine / tender response (The same response we currently use for
non hydrant areas) S.E. Thurston Fire Department can provide 4,797
gallons Of water on the initial response, Providing required fire flow for
8.4 minutes. In this Particular situation, the tender refill and turn around
E. THURSTON FIRE & EMS
Rainier Yeim
Post Office Box 777
Yelm, Washington 98597
(360) 458 -27991 Fax (360) 458-2766
time is approximately 6 minutes, allowing the tenders to deliver their
water, refill, and return to the scene prior to the water supply being
depleted,
4- This Particular parcel contains no other exposures, S. E. Thurston Fire & EMS
would expect no additional construction would take place until such time that
the required fire flow is met,
1. Installation of a monitored alarm system.
2. No additional construction on this site or adjoining sites until such time adequate
fire flow can be met,
If the above recommendations are met S.E. Thurston Fire & EMS, Supports the
decision to issue an occupancy certificate met,
to the operation of a Pump station for
this development.
Please do not hesitate to contact us at the above location, if there are additional
questions.
Sincerely,
Mark
ling g D
Deputy Chief
Rita Hutcheson
Fire Chief
Andrew & Cynthia Smith
15339105" Ave-SE
Yelm, WA 98597
ApTil 19, 2009
Mr. Grilrit Beck
Director
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Dear Mr. Beck-.
I am writing in response to your letter-dated 14 April to Mr. Dan Lee, Triance Group, Inc. to
which I was provided- a courtesy copy. It is with extreme concern and utter dismay that I write
to you today. in response to your decision regarding the occupancy of our new home at 10756
Palisades StrL-et SE.
The concem I have centers around your statement that this situation is "..-unfortunate that Lt
Colonel and Mrs. Smith are caught in a difficult position." The decision to not Issue a statement
of occupancy does not,just place my wife and I in a 'difficult position" It places us in a
catastrophic position. When making the decision of whether we could afford this beautiful,
new, custom home, I did not factor in having to pay the mortgage payment on the new home as
well as continuing to pay ever$1,400 in rent because I couldn't live in the new home. Put
simply, my wife and I cannot financially support the situation your decision has put us in. To me,
this represents a catastrophic situation as my livelihood (being a Military Officer) depends on
me maintaining an exemplary financial and community standing, both of which are now In
Jeopardy. Even if you feel no empathy for my financial situation, I would think that the best
interests of the City, which you should be concerned about, would cause you to rethink your
decision. I do not think that it is good forthe city to leave a beautiful home, In a wonderful part
of town, ' unoccupied. 'There have already been instances of presumably young kids "tagging"
the common areas of Palisades West with swastikas (on rocks, basketball backboard, Palisades
West sign) which I expect to escal4ite the longer there is no permanent residence in that
location. An unoccupied home Is an Invitation to kids and irresponsible young adults to
burglarize and/or vandalize and represents not only a tremendous liability to me, but aj`su to the
city. By living in and maintaining a presence in that community, my family and I will bring that
area to life and keep itfrom slipping Into the category of an eyesore, or worse yet, a teenage
"hangout" for the City.
My utter di5may,with your decision revolves around the overriding opinion provided by the
Yelm Fire Department, which clearly allays the concerns and fears brought forth in your letter.
While I understand the need for proper city planning, the two parties with the biggest stake in
this transaction is myself and my family, as well as the Yelm Fire Department. The Yelm Fire
Department, in a letter not more than 2 weeks old, have confirmed that there are no issues with
the water availability and pressure in support of the [one house in Palisades West. I fully
acknowledge that any subsequent homes built in that community would necessitate the
requirement for a booster pump, but the fact is that the one house in Palisades West, our
600 'd 900 M 69c'"; Vos Wd Zi:10 M/600USUAVA
Mr. Grant Beck
April 19, 2009
Page 2
house, does not require it. Your decision, to me, seems based on making a point With the
developer and/or the builder and does not take into consideration current facts (as stated by
the Yelm City Fire Department) or what is truly in the overall best interests of the city (quality
homes/nelghborhoods with quality families).
A few comments about our builder. I have now known Mr. Dan Lee for over one year having
met him in April, 2008. At the time, my wife and I ' had been renting a home in Yelm for almost
one year and had been actively looking and discussing what kind of home we wanted and where
we would like It to be located. Without question, the homes that Dan builds are far superior in
quality and beauty to anything else being constructed in Yelm and that is what first led us to him
(seeing the quality of the homes in Vintage Greens). Since thattime, Dan has contributed his
ideas and in some cases, his own money, to bring unique detail and craftsmanship to our home.
He has been extraordinarily gracious In his dealings with us and consistently keeps us informed
and involved with the building, of our home. Yelm should not only consider itself lucky, but
should be extremely proud of their son, Dan Lee; he is one of the finest people I have met in my'
41+ years.
A few comments about my family. In January of 2000, my wife and I along with our three kids,
moved to Yelm and rented a house an Prairie Vista Loop for 2% years. At that time, with 10
years in the Army, We knew that we wanted to make Ft. Lewis and Yelm our home after retiring
from the military. In June of 2007, we were fortunate enough to return to Ft. Lewis and knew
immediately that we would settle in Yelm; it Is a town that has grown very special to Us. We
have three children that are ii, 2e and 6h graders, in the Yalm School District Both ofmy
sons (le & le grade) are members cif the Yelm High School Band and they both started on the
Yelm JV basketball team this past season. They both carry a 3-2+ GPA in school and my 11t,6
grader is the leading triple jumper In Track while My sophomore is the starting goalie for the
Varsity Soccer Team. My wife and I are not only active members of the Yelm High School Band
boosters but we attend every home and away basketball, track and soccer game. My sixth
grader is a straight "A' student at Mill Pond elementary, plays drums and guitar and competes
;for the Prairie Soccer Club on the "Prairie Storm" U-13 girls team of which I am the Head Coach.
In short, we have completely thrown ourselves into this community and want nothing more
than to move into our dream home and continue living and contributing to the City of Yelm.
If I could ask your support an anything, it would be to reconsider your decision and weigh the
need to stress your point with the Developer against the needs of the City in attracting,
supporting and promoting beautiful homes and supportive families of this community such as
mine. Thank you for your time.
Sincerely,
ndrA� Itia
Yelm Residents
VOS
14 Z-1, ! 13 -311/60,01/SOA�vx
-400NVA%�
r/1 M McClure, PLLC
October 12, 2009
To:
Mr. Ben Cushman&
Ms. Doreen Milward
Cushman Law Offices, PS
924 Capitol Way South
Olympia, Washington 98501
RE: Smith Residence
City of Yelm Requirements for
Certificate of Occupancy
Dear Ms. Milward and Mr. Cushman.,
PO Box 8718
Lacey, WA 98509-8718
Phone: 360-791-4478
Email: mL;clurepllr@cornc-,ist.net
This letter is in response to your request for comments on the City of Yelm's requirements
for a certificate of occupancy for the Smith residence located on Lot 15, Palisades West
Avenue, Yelm, Washington.
You have asked me to address two issues. First, the fire flow requirement for the site.
Second, the plat requirement for a 'sewer roll seal'. The following are my comments.
fire flow:
It is my understanding the Yelm fire department in the persons of the Fire Marshall and the
Fire Chief have worked out a plan that they feel will allow any fire at the house to be
successfully fought. This plan includes using a two hydrants that are near the house. The
combined fire flow from these hydrants, using a second line and a booster pump is 1,065
gallons per minute. The nearest hydrant would deliver 500 g.pm. The second hydrant,
located at the main road would deliver 565 g.p.m. using a booster pump and an extension
line. In addition, the fire department is confident that they could run tanker trucks back and
forth from the fire station which is located roughly 3 minutes away from the house.
The following is from the current edition of the International Fire Code:
C :\Use rsWince4Documents\a -- Consulting,\a -- projects\a - Legal ProjectsTustunan -- Smith House in
YelcuTushman. -- Smith Residence, City of Yelm CO Issues, 2009-10-12.wpd
Smith House
City of Yelm
Certificate of Occupancy ISSLICS
October 12, 2009
102.8 Subjects not regulated by this code. Where no applicable standards or
requirements are set forth in this code, or are contained within other laws,
codes, regulations, ordinances or bylaws adopted by the jurisdiction,
compliance with applicable standards of the National Fire Protection
Association or other nationally recognized fire safety standards, as approved,
shall be deemed as prima facie evidence of compliance with the intent of this
code.
See the highlighted part of the paragraph. It is my experience that the fire code official's
4:�
(usually the fire marshal or the fire chief) decision on topics regarding fire safety and code
interpretation are controlling. In my experience, if the fire code official says that the house
may be occupied and that a fire at the house could be successfully fought using existing fire
mains and hydrants, that would be accepted.
Sewer seal:
It is my understanding that the city is concerned about maxim-Lim sewer line flows from this
plat. I understand that there are a total of 24 house sites platted. However, only the Smith
residence has been developed.
The purpose of the sewer seal is to keep peak sewer flows from backing up in the manhole
below the plat and flowing out the top of the manhole onto the street or out of the manhole
into the soil. While I absolutely agree that one does not want the sewage contaminating the
soil nor flowing out the top of the manhole, there is a significant difference between one
house and 24 houses. One house will develop roughly 4.2% of the peak sewage flow as 24
houses combined. It is highly improbable that one house, could actually supply enough
water to overwhelm the capacity of the first downstream manhole and sewer line system.
If you have any questions or I may be of further help, please feel free to contact me by
telephone f 3t} -791 -4478 e -mail f 1 11 4-
- vt a LLL'-12 �'S!�Vkkjtnkaz, .
Yours sincerely,
Vince McClure, SE, PE, PhD
McClure, PLLC
— page 2 of'-) --
October 12, 2009
0011�
rA�
CUSHTYLALN
LAW
OFFICES,, P.S.
ATTORNEYS AT L-M
BenCLishman@Cushmati1aw,com
VIA Telefax: 458-4348
Attn.- Janine
Yelm City Council
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
924 CAM'01, WAY SOUTH
OLYMPIA, WASHINGTON 98501
(360) 534-9183
UACSIMILL (360) 956-9795
October 23, 2009
RE: Smith Residence at Lot 15 of Palisades West
Application for Minor Plat Amendment
Dear City Council:
JON I-. CUSFUNLUNt
BENJAMIN D. CUSITMAN-
JOSEPH W, SCUDERI#
CLYDIA J. CUYKENDALL
STEPHAINICM.R. BIRD
-.,US0 A13A I IT 111) 1N ORYGON
`ALSO ADMITIM W ALASKA. ORLGON, WAK0 &
NORTH CAROLINA
HMSO AWAITMD IN ALASK-A, ORWON. GUAM &
MINN'VS(YrA
We have listened to the online webcast of your last meeting on October 13, 2009, At the end of
your deliberations on the Smiths' application for a plat amendment, the following motion was
made:
It has been moved and seconded to table this until the next regular Council
meeting in two weeks, to allow the attorneys, the attorney for the applicant and
the City attorney, to get together and attempt to work out a waiver which will be
satisfactory to all parties, and which would allow, at that time, would allow the
family to move into their home.
The maker of the motion confirmed that this was a correct statement of her motion. This motion
was seconded, and was unanimously passed. The above motion was made after nearly an hour
of presentations, discussion, and deliberation of the information, including consideration of Mr.
Beck's comments and his October 13, 2009 staff report which recommended denial.
However, the City Attorney, Brent Dille, as assisted.by Grant Beek, have not once discussed the
Smiths' proposed Waiver. Instead, they have used the intervening time to further Mr. Beck's
personal opinions and biases which seek to prevent the Smiths from moving into their home —
the opposite of what the Council's motion directed us to. We see that Grant Beck has now
submitted another staff report, and we were provided with a copy of Mr. Dille's October 21,
2009 letter. Both of these documents are severely flawed in their analyses and conclusions.
Yelm City Council
October 23, 2009
Page 2
Liabilitv Issues, Mr. Dille incorrectly asserts that Yelm has no liability because the Smiths,
through their agents, knew or should have known, of the occupancy condition. Mr. Dille is
1-1
incorrect, both on the facts and the legal implications. Plat Condition, Note #I states,
No building permit shall be issued within this subdivision, until a booster pump is
installed by the developer and approved by the City of Yelm which provides
adequate fire flow per the Internal Fire Code and City of Yelm standards,
provided that a building permit may be issued for a model home if a fire
protection plan is approved by the City of Yelm Fire Marshall and SE Thurston
Fire/EMS,
Despite the prohibition against issuing a building permit for a residential home until the booster
pump is installed, Yelm nonetheless issued one, As explained in our plat amendment application
materials, the Smiths' building permit was issued in September of 2008, and clearly was not for a
model home. In issuing the Smiths their building permit, the City Building Department
committed a plat violation by disregarding this final plat condition which had been previously
established. Even if our clients had known or understood the implications of this plat
requirement (which they did not), it is the City who has erred.
Mr. Dille sent a copy of the Smiths building plans which have what appear to be taped onto them
language taken from preliminary plat condition concerning water requirements, with an added
handwritten notation about how an occupancy permit won't be issued until the booster pump is
installed. Aside from the fact that this taped-on notation is not signed and dated and therefore of
questionable authenticity, the fatal flaw is that such a notation is not a plat amendment. The
Building Department had no authority to change the booster pump plat requirement from
issuance of a building permit to issuance of an occupancy permit. Even if at the time of building
permit submittal, the Yelm Building Department made some back-room deal with the developer
or builder, it would be invalid. A plat condition can only be changed through a formal
amendment process to the Legislative body, such as the one the Smiths are currently attempting
(see RCW 58.17.215). The City committed clear error when it issued the Smiths' building
permit.
Irl an attempt to correct that error and turn it into an outcome which will satisfy the Smiths and
the City, while still maintaining public health and safety, and all without resorting to litigation,
the Smiths have applied for a minor plat amendment to exclude their Lot 15 from the two final
plat conditions added by the City Council. The City should be -welcoming such a solution, and
,we believe the City Council's motion did indeed seek that direction. We hope you will look past
the contrived obstacles placed in your path by Mr. Beck and hiss counsel.
' [ say "his" counsel, because based on the inaccurate assertions and ill-advised recommendations contained in Mr.
Dille's 10/21109 letter to you, he appears to be fully representing Mr. Beck's personal desires, rather than advising
the City on a workable solution that would benefit Yelm.
Yelm City Council
October 23, 2009
Page 3
Water Issues, To our knowledge, water quality is not the issue. Indeed, the WAC 216 -290-
230(5} section quoted in Mr. Beek's new staff report states: "...design PHD q1twitity of water at
30 psi ..." The bulk of the Department of Health Chapter 246-290 WAC regulations address
water quality issues. Moreover, as long as it is solely the Smith residence that is connected
within the Plat, it does not meet the definition of a "public water system". The 30 psi is required
for a public water system to serve a group of homes each on separate lots, not one single-family
dwelling:
(1) Public water system shall mean any system providing water for human
consumption through pipes or other constructed conveyances, excluding a system
serving only one single-fcimily residence ...
WAC 246-290-020(1)
As an interim measure, the individual booster pump at the Smith residence to increase the psi
was installed until the plat-wide improvement can be made. Obviously, the approximate
$350,000 cost for the fall upgrade is cost-prohibitive for the Smiths.
We see in Mr. Beck's latest staff report that he has not disputed the ability of the SE Thurston
Fire/EMS to adequately respond to a 100% involved fire at the Smith's house. With a quick 3-
minute response time, combined with a fully-analyzed fire plan for the Smiths' occupied
residence, the statement (which we find asserted only by Mr. Beck) that the City's fire insurance
rating could suffer if the Smiths are granted occupancy is completely unsupported. As
previously noted, a vacant house is much more susceptible to vandalism/arson, which only
increases the City's exposure to liability. The plat amendment requested by the Smiths will
alleviate this risk to the City, a risk that originated from an error made by the City Building
Official when he issued the Smiths' building permit in violation of the plat condition requiring
advance installation of the booster pump.
Sewer Issues. While I acknowledged at the prior hearing how our expert engineer used
generalized terminology, the point he made is nevertheless specifically applicable to Yelm's
STEP sewer and the Smith property. That is, the addition of one home to the City's system is
not going to create a problem. In reviewing the original preliminary plat conditions, at that time
the City wasn't even sure if the improvement was going to be needed. Finding No. 12 states in
part: "the applicant may need to install a pressure reducing valve ..." however was later added
as a final plat condition. We do not argue this upgrade may be necessary for the plat at full
build-out, but one home's sewage usage isn't going trigger the need for the improvement or the
"multi-million dollar insurance policy" as so absurdly claimed in Mr. Dille's 10/21109 letter2.
Even the Parametrix explanation at p. 3 in the 10/21/09 staff report does not suggest that the
addition of the one Smith home would create a problem. Further, if you read the entirety of that
paragraph, the purpose of the valve is much less significant than what we had been led to
believe. Parametrix explains that the purpose of the pressure sustaining valve is to reduce the
[n reading Mr. Dille's statement to its full conclusion, he has indirectly asserted that Yelm's sewer system is
grossly inadequate, by saying that one home added to it could cause an over-pressurization event that would threaten
the entire City.
Yelm City Council
October 23, 2009
Page 4
introduction of air into the system, which in turn improves system efficiency and reduces odors
in the vicinity of the subdivision. Since the plat amendment requested is to allow only the Smith
residence to be occupied until the sewer upgrade is made, no one but the Smiths would be
affected by this odor, should it occur.
Summary. We have satisfactorily addressed all of the real issues. It boils down to a few main
points in determining whether the public interest is served in order to grant the plat amendment:
• The City erred in issuing the building permit in advance of the water booster pump, in
violation of Final Plat Condition #1.
The City should correct its error, and can do so with less risk and better results using the
plat amendment method the Smiths have proposed.
• As the only residence allowed until the Final Plat conditions are implemented, the one
single-family dwelling meets single-family residential requirements for water and sewer.
There is no violation of water quality, water quantity, or sewer regulations:
-o Single-Family homes in Yelm need only 750 gpm at 20 psi for 30 minutes (see
Yelm Comprehensive Water Plan). The Fire Department's 4/6/09 letter explains
how a sustained 1065 gpin is achieved.
o Under WAC 246-290-020(l), when the water service is to a single-family home,
i
the State does not consider it a "public water system"; therefore the 30 psi
requirement is not applicable,
• The entity who would be responding to a fire, SE Thurston Fire/EMS, has confirmed a
fire safety plan that would successfully fight even a 100% involved fire at the Smith
residence (assumes it is not a vacant structure).
• The Smiths will agree to waive any liability on the part of the City in the event of a fire,
if they are granted occupancy.
• Parametrix has confirmed that the purpose of the sewer pressure sustaining valve is to
Z:>
reduce the introduction of air into the system, and identified no potential problem if the
Smith residence was occupied in advance of the Plat Condition #2 sewer upgrade (see p.
3 of 10/21/09 staff report).
• If occupancy is not granted to the Smiths, the City exposes itself to significant liability of
the Smiths' damages.
The proposed plat amendments will serve the public interest, and we respectfully request that
you grant them, Time is extremely critical. The Smiths' rental house has been sold, and they
will soon need to vacate. They need to move into their beautiful home in Palisades West and
establish a presence in that new Yelm neighborhood.
Sincerely,
X, Ben Cushman
cc: Brent Dille
CUSHMAN
LAW
OFFICESP P.S.
ATTORNEYS AT LAW
BenCushman@Cwhinanlaw,00m
VU Tclqfax: 458-4348
Attn: Janine
Yelin City Council
City of Yelm
105 Yelm Avenue West
Yehn, WA 98597
924 CAPITOL WAY SOUTH
CILYNIPLA, WASHINGTON 98501
(360) 534-9t83
FACSIMILE (360) 956-9795
February 9, 2010
RE: Smith Residence at Lot 15 of Palisades West
Dear City Council:
JON E. CUSBMANt
BENJAWN 1). CUSKMAW
JOSEPH W. SCUDERI#
CLYDIAJ. CUYKFNDALL
STEPHANIE h4J. BIRD
(ALSO ADAUTMD IN OREGON
-ALSO ADMITITID IN ALASKA, OREGON, IOAHO &
NORTH CAROLINA
#ALSO AMR= IN ALASKA, OREGON, GUAM &
MINNESOTA
We leave just learned that on behalf of Grant Beek, his attorney Carol Morris will be submitting
some form of briefing in opposition to the Smiths' plat amendment application. We wish to
formally state that we object to this on the grounds that it is untimely. The public hearing on the
Smiths' application was held October 13, 2009, after which the public hearing portion was
closed to public testimony. The matter remained open only for post-heating submittals between
the applicant and the City having to do with engineering issues. More recently, I believe at your
January 12, 2009 meeting, you specifically announced that this matter was "indefinitely tabled".
Mr. Beck cannot and should not be allowed to now participate anew on a matter which currently
holds a suspended status. In the alternative, if what M& Morris presents, amounts to an appeal of
a yet-to-be-issued decision, then that too is untimely. There is sirnply no mechanism for the City
to allow public opposition months after the public hearing has closed, nor is there a mechanism
for an "appeal -in- advance."
We also object on the grounds of lack of notice for whatever it is that Ms, Morris will be
presenting on behalf of Mr. Beek, and her "requirement" to us that we contemporaneously
submit a response to something we've yet to see. However, should the Council nonetheless
entertain Ms. Morris and Mr. Beck's submittal opposing the Smiths' application, then we have
the following initial comments, based on my very limited knowledge of the grounds on which
the Smiths' application is opposed, which I understand pertains to unspecified reasons having to
do with RCW 58.17.215 and West Coast v, Snohomish County, 104 Wn, App. 735, 16 P.3d 30
(2000).
Yelm City Council
February 9, 2010
Page 2
First, we have carefully reviewed RC W 58.17.215, and do not see any inadequacy in the Smiths'
plat amendment application. Please note that the Smiths' application form was accompanied by
a detailed letter and numerous attachments, so perhaps Ms. Morris did not see everything.
Secondly, the Smiths' plat amendment request is clearly distinguishable from the West Coast
case for the following reasons:
In that case, the developer West Coast sought a major amendment of a preliminary plat.
In contrast, the Smiths are lot owners seeking a minor amendment to final plat conditions,
The West Coast developer sought to entirely eliminate the condition requiring school
mitigation fees. In contrast, the Smiths already paid their school mitigation fees, and are
not seeking any elimination of required conditions pertaining to the plat as a whole.
Instead, they seek only their lot to be temporarily excluded ftom the final plat conditions,
until such time as the developer can implement them. For the reasons explained, the
Siniths' amendment would benefit the public: allowing occupancy of the residence,
which in turn would put the full-value property into the City's tax roles, become an
upgrade to the neighborhood — instead of a liability, and thereby could attract another
developer to complete the Plat conditions. Also as has been discussed, the Smiths' lot
would have added engineering measures to mitigate any potential impacts (although we
believe that funding to do so should come from others).
Res judicator was identified as an issue in the West Coast case, because the impact fees
were a SEPA condition yet SEPA had not been appealed, nor had there been any change
in circumstances to suggest that such impact fees were no longer needed. In contrast, the
final plat conditions the Smiths want amended were not imposed by SEPA. The
conditions would remain as final plat conditions, except that the Smiths' Lot 15 would be
excluded and no additional lots could be built until the conditions are fulfilled. The
"changed circumstance" is that the City is the one who authorized the Smiths' building
permit in violation of the plat condition, causing one residence to be built without having
the final plat conditions implemented. That change in circumstance has brought about
the need for the minor plat amendment requested.
The Court determined the West Coast developer had a contractual obligation to pay the
school impact fees and the developer made no showing of extraordinary circumstances to
justify its failure to perform. In the Smiths' case, we are not denying that the developer
(or his successor) has an obligation to complete the final plat conditions. But, there have
been unique, if not extraordinary, circumstances which make it necessary and justifiable
to amend (not eliminate) the final plat conditions iii the manner we've asked.
The City Council can act on our plat application as allowed by Chapter 58.17 and in the City
Code, the details of which were explained in our letter accompanying the application, Mr. Beck,
through his new counsel, continues his obstructionist behavior.
Perhaps the most important reason you, as City Council, should not allow post-hearing plat
amendment application submittals is that, as you know, there is a pending lawsuit, and the
Yelm City Council
February 9, 2010
Page 3
approval or disapproval of the Smiths' plat amendment can have some bearing on that lawsuit.
To now suddenly and without proper notice, reopen the public testimony portion of the Smiths'
plat amendment hearing would cause a meddling and muddling of the claims in that lawsuit with
the potential remedies that may be found. We can only surmise that Mr. Beck's rush to got the
City Council to revive a tabled matter in order to immediately rule to deny it will somehow
benefit him, most likely at the expense of some or all of the other parties, including the City.
There is neither a need nor requirement to accept Ms. Morris' materials concerning the Smiths,
plat amendment application.
Sincerely,
en Cushman
cc: Brent Dille
clients
CUSHMAN
LAW
OFFICES, Rs,
ATTORNEYS AT LAW
BenCushman@CLisliinaii[aw.com
VI-4 Telefax: 458-4348
Attn: Janine
Yelm City Council
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
924 CAPITOL WAY SOUTH
OL"L IPIA, WASHINGTON 98501
(360) 53IP9183
FACSIMILE (360) 956-9795
February 16, 2010
RE: Smith Residence at Lot 15 of Palisades West
Dear City Council:
JON M CUSHN(AINt
BENJAMIN D. CUSHMAN*
JOSEPH W. SCUDFIU#
CLYD [A]. CUYKENDALL
STEPHANIE M.R. BIRD
tAISOADMITMI) IN OREGON
,AISO ikDXffTI7D IN AUTKA ['OREGON, COMO
NOW711 CAROLINA
gAtsa.tomrrmo iNu.%sKA.otwcwcuxm&
AtwNmaTA
We are submitting this letter in an attempt to supply briefing by today's date on behalf of the
Smiths, which you requested during your last meeting on February 9, 2010. Unfortunately, we
still are unclear what it is that we are briefing since we have not seen the materials that were to
have been submitted by Carol Morris. At this point we still can only guess at the details of what
is going to be discussed and decided by you, and are therefore put into the position of making a
blind response to something we have yet to see. However, in compliance with your request, we,
re-submit our February 9, 2010 letter which outlines legal points on the Court of Appeals case
cited by Ms. Morris, and we also renew our objections discussed in that letter with regard to
post-hearing submittals and lack of proper notice.
Additionally, now that we have leatmed from Carol Morris that she also represents the City of
Yelin as well as Grant Beek in this matter, we further object to what appears to be a blatant
conflict of interest. The interest of the City and Grant Beck diverge substantially. The Plaintiffs'
request for plat amendment highlights this divergence. It is in the City's interest to approve the
plat amendment as doing so would significantly mitigate damages and would be a politically
responsive and sound determination. It is in Grant Beek's interest to resist amendment as
granting the amendment highlights the series of errors he made in this matter. Moreover, this
unique dual representation by Ms. Morris presumably is a superficial method to enable expanded
executive session privilege, which otherwise -would be illegal.
In further anticipation of what might be submitted by Carol Morris, we point out that even
though the Hearing Examiner made provision in his preliminary plat recommendation, at
Finding No. 11, for the developer to install the booster pump station, it was not until thefinaI
YrIm, City Council
February 16, 2010
Page 2
plat approval that the City Council added the condition which prohibited all residential building
permits from being issued until said pump station was installed (and which the City building
official(s) did in fact erroneously issue). The Smiths' application for a plat amendment does not,
nor is it intended to, amend the preliminary plat conditions. It is still expected that the developer
will install all requirements for ftirther build-out of the plat. The Smiths' requested amendment
to the final plat conditions is to allow their house, only — and with proper engineering safeguards,
the right to be occupied in advance of the pump station and sewer seal, which are utilities sized
for a fully-occupied plat, far in excess of just one house. Most important is that the reason for
the requested amendment is to correct what has now turned into a grave error made by you, the
City Council, in approving as final, a plat which did not have all of the requisites you wanted
completed. Please realize, however, that the occupancy of one house in advance of these two
conditions was not a requirement of the preliminary plat, but comes only from the final plat
conditions. You, as the City Council, since you enacted those final conditions also have the
authority to amend final plat conditions — see our letter which accompanied the Smiths' plat
amendment application.
If you preclude the possibility to amend your final plat conditions, you will be significantly
restricting the City's ability to resolve this matter at a significant cost savings. The Smiths' tort
claim form identifies the vast difference in damages that will be claimed if the Smiths are able to
eventually move into their house. Perhaps there is some benefit to Mr. Beek for the plat
amendment to be denied, but we see no such benefit to the City or the other defendants. We
would advise you not to-act too hastily.
We reserve the right to respond and/or object to whatever additional information may be
submitted.
S' lterely,—�
U,
Ben Cush
en Cushman
cc: Carol Morris
clients
CUSHIMANT
LAW
OFFICES, P.S.
ATTORNEYS AT LAW
BeiiCLIS[iman@Ctishmanlaw.com
VIA Telefax: 458-4348
Attn: Janine
Yelm City Council
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
924 CAPITOL WAY SOUTH
OLYMPIA, WASI IINGTON 98501
(360) 534-9183
FACSfNIfLU (360) 956-9795
February 19, 2010
RE: Smith Residence at Lot 15 of Palisades West
Dear City Council:
JON E. CUSITVANt
Br-iNjMkUN. D. CUSHMAN*
JOSEPH W. SCUDERIAf
CLYDIAJ. CUYKr,.NDALL
STUHAN11, &I.R. BUW
tAISI) ADMITUED INOREGON
,AISO ADMITIT-D IN ALASKA, 01;2(1.0,14, IDAHO &
NC wnt CAKOLINA
9ALSO ADAUTIED INMASKA, ORECON, GUANI &
MINNP-ial'A
We received Attorney Carol Morris's brief after close of business on February 16, 2010.
As stated in my prior letter to you of February 16, 2010, we wished to be able to respond
to allegations that we could not have anticipated in advance.
For the bulk of Ms. Morris's submittal, there really is not too much more we can
add since nearly all of it is irrelevant. We have previously made the point that the
Smiths' application for a minor amendment to the two final plat conditions added
by the City Council is not at all the same as the entire elimination of a preliminary
plat condition. The Smiths are not now and have never said the plat should not
have to comply with the prerequisites altogether. The prohibition against the
issuance of all residential building permits, except for a model home, in advance
of the water booster pump station and sewer seal were conditions imposed by the
City Council when you gave Palisades West its final approval. All of Ms.
Morris's briefing on res judicata and exhaustion of administrative remedies, etc.,
does not apply to what the Smiths have requested. The Smiths are requesting that
only Lot 15 be allowed residential occupancy until such time as the remaining two
plat conditions are completed, and with the assumption that engineering
safeguards will be in place. They are not requesting that the plat conditions
themselves be eliminated.
Yelin City Council
February 19, 2010
Page 2
As we are all well aware, the purpose of the Stniths' final plat minor amendment
request is to enable a reasonable and workable solution to a problem they did not
cause, since it was the City Council who granted final plat approval without all of
the preliminary plat conditions being fulfilled, and it was the City who apparently
did not require a bond from the developer to assure the completion of those same
preliminary plat conditions.
2. Ms. Morris implies there is something amiss concerning the building permit
application submittal and the dates of the Smiths' ownership of Lot 15. As I'm
sure everyone is aware, it quite common for a homeowner's contractor to sign the
building permit application as agent for the homeowner. In this situation, Dan
Lee, as agent, signed the application and clearly indicated the property owners
were the Smiths — not Triance, so there should have been no confusion that the
application was not for a model home. As for the timing, at the time of the
building permit application in September 2008, the Smiths were purchasers-under-
contract, since they would not have finalized the purchase, nor would the Bank
have granted the loan, until the building permit had been secured. Their entire
construction package was premised upon a building permit and subsequent
occupancy. They would not have chosen to purchase the construction package in
Palisades West had they not been issued a building permit, nor would they have
done so if they had understood the implications of the final plat conditions.
Instead, they would have simply chosen a different lot somewhere, else in Yelm on
which to build their dream home.
3. Ms. Morris also implies there is now some defect in the Smiths' application
because she believes Palisades West has been foreclosed, so we need to get
signatures from the new owners. Although a foreclosure may be imminent,
records checked, as of today, do not show that to have happened. Ms. Morris may
confused with the adjacent 10 acres which indeed has been foreclosed. That
property is/was intended to become a subsequent phase of Palisades West, and
although I do not know at what stage of development it is in, if any, it has not been
final platted. For your reference attached is a copy of the Trustee's Deed wherein
you will note that its common name is proposed Palisades West (the portion of
Palisades West containing the Smiths' Lot 15 has achieved final plat status, thus is
no longer "proposed"), Also, in the legal description to that document, it identifies
the Auditor's Parcel Number as 21725130200, and I've attached a map print-out
showing its location. Further note that the 2006 Hearing Examiner decision
describes the project as "phase one of a two phased development to subdivide
approximately I I acres into 24 single-family residential lots", thus clearly
identifying the intent to subsequently plat an adjacent property.
Yelm City Council
February 19, 20 10
Page 3
That point aside, when or if the final plat portion of Palisades West does transfer
ownership, the Smiths filed their application and it was signed by all owners at the
time it became a complete application. Typically, such applications go with the
land, and that would be disclosed to the new owners. In any event we would
anticipate that any new owners — when or if property ownership transfers — would
similarly want to have the Smiths' house occupied, as it would increase the value
of their adjacent holdings.
I
Again, I reiterate the obvious: There is no benefit to the City to rush into a denial of the
Smiths" application to amend the final plat conditions. Your January 12, 2410
determination to "indefinitely table" the matter pending the litigation is acceptable.
While we do not know what the end result of that litigation will be, now that the City has
been named in the Smiths' lawsuit, your first order of business should not be to take a
reasonable and workable solution out of the running,
Sincerely,
Ben Cushman
cc: Carol Morris
clients
After Recording Return to:
K&L Gates LLP
Attn: Christopher Wyant
925 Fourth Avenue, Suite 2900
Seattle, WA 98104 -1158
29 jAN 110710974
Thurston County Tco"ur"-'
Rea? 1~state Pxc1seTAXPa1d-- M
BY eputy
COVERSBEET TO TRUSTEE'S IS DEED
Grantor: FH 1, LLC, Borrower ,
Christopher M. Wyant, Esq., Trustee
Grantee: Sapphire RE Properties Holdings 3, LLC
Legal Description:
Abbreviated Form: (1) SECTION 25, TOWNSHIP 17 N., RANGE
I E., SW QUARTER, NE QUARTER
(2) PARCEL A, BLA-8144, REC. 9505220008
Full legal description is on Exhibit A to document
Assessor's Tax Parcel ID Nos.: 21725130200;
Reference No.: Auditor's File No, 3874132 (Deed of Trust)
4133862 Page I of 5
011281201e 01:13 PM Deed
Thurston County washinaton
K & L GATES LLP
I I[[III[ III III[[[ IIII 111111 [III III�I[ I[Illl IIII [ll IIIII Illl[ IIII II[ I[ll [Ill[ IIIE[ Illl I[II
I
THE GRANTOR, Christopher K Wyant, as current Trustee under that Deed of Trust,
as hereinafter particularly described, in consideration of the premise and payment recited
below, HEREBY GRAM AND CONVEYS, without warranty, to the Grantee,
Sapphire RE Properties Holdings 3, LLC, whose address is 9709 3" Avenue NE,
Seattle, NVA 98115, that real property, situated in the County of Thurston, State of
Washington, described as follows:
AS IN SAID DEED OF TRUST AND DESCRIBED ON EXHIBIT A
commonly known as proposed "Palisades West," Yelm, Washington, 98516.
RECITALS:
1.. This conveyance is made pursuant to the powers, including the power of sale,
conferred upon said Trustee by that certain Deed of Trust dated October 19, 2006,
recorded October 19, 2006, under Auditor's File No. 3 8 7413 2, records of Thurston
County, State of Washington from FH1, LLC as Grantor to Titan Trustee Services, Inc.,
as Trustee, to secure an obligation in favor of WF Capital, Inc,, the Beneficiary. Said
Deed of Trust was assigned to Sapphire RE Properties Holdings 3, LLC on January 12,
2010 under Auditor's File No. 413 108 1.
2. Said Deed of Trust was executed to secure, together with other undertakings, the
payment of a Promissory Note in the original sum of $7,775,000.00 with interest thereon,
according to the terms thereof, in favor of WF Capital, Inc, and to secure any other sums
of money which might becorne, due and payable under the terms of said Deed of Trust.
3. The described Deed of Trust contains a statement that the real property conveyed
therein is not used principally for agricultural purposes.
4. Default having occurred in the obligations secured and/or covenants of the
Grantor under said Deed of Trust, as set forth in the Notice of Trustee's Sale described
below, which by the terms of the Deed of Trust made operative the power to sell, the
thirty-day advance Notice of Default was transmitted to said Grantor, occupants, and
tenants, and a copy of said Notice was posted or served in accordance with law.
5. WF Capital, Inc., being then the holder of the indebtedness secured by said Deed
of Trust, delivered to said Trustee a written request directing said Trustee or his
authorized agent to sell the described property in accordance with law and the terms of
said Deed of Trust.
4133862 Page 2 of 5
8112BIZOI0 0103 PM Deed
Thurston County Washington
9 & L OATES LLP
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
6. The defaults specified in the Notice of Default not having been cured, the Trustee,
in compliance with the terms of said Deed of trust, executed and on October 14, 2009,
recorded in the office of the Auditor of Thurston County, Washington, under Auditor's
File No. 4115482, an Amended Notice of Trustee's Sale of said property.
7. The Trustee, in its aforesaid Amended Notice of Trustee's Sale, fixed the date of
the sale as January 8, 2010, and place of sale at the following location: Thurston County
Courthouse, 2000 Lakeridge Drive SW, Olympia, WA, State of Washington, a public
place, at 10:00 A.M., and in accordance with law caused copies of the statutory Notice of
Trustee's Sale to be transmitted by mail to all persons entitled thereto and either posted or
served prior to 90 days before the sale; further, the Trustee caused a copy of said Notice
of Trustee's Sale to be published once between the thirty-fifth and twenty-eighth day
before the date of sale, and once between the fourteenth and seventh day before the sale;
and further, included with this Notice, which was transmitted to or served upon the
Grantor or his successor in interest, a Notice of Foreclosure in substantially the statutory
form.
S. During the foreclosure, no action was pending on an obligation secured by said
Deed of Trust.
9. All legal requirements and all provisions of said Deed of Trust have been
complied with, as to acts to be performed and notices to be given, as provided in Revised
Code of Washington, Chapter 61.24.
10. The defaults specified in the Notice of Trustee's Sale not having been cured no
less than eleven days prior to the Trustee's Sale and said obligation secured by said Deed
of Trust remaining unpaid, on January 8, 2010, the date of sale, which was not less than
190 days from the date of default in the obligation secured, the Trustee then and there
sold at public auction to Sapphire RE Properties Holdings 3, LLC, the highest bidder
therefore, the property hcrcinabove described, for the sum of $3,500,000.00, by the
satisfaction in full of the obligation then secured by said Deed of Trust, together with all
fees, costs and expenses as provided by statute.
11. Words and expressions used herein shall be applicable according to the context
hereof, and without regard to the number or gender of such words or expressions.
4133852 Page 3 of 5
01/28120iG WAS PM Deed
Thurston County Washington
III&IL 0AT65 LLP
III 11111111111111111111 111111111111111111111111
DATED: January 27, 2010
TRUSTEE
Christopher M. Wyant, Esq.
STATE DF WASHrNGTON
) ss
COUNTY OF KrNCT -
I certify that I know or have satisfactory evidence that Christopher M. Wyant is the person
who appeared before me, and said person acknowledged that she signed this instrument, and
acknowledged it to be her free and voluntary art for the uses and purposes mentioned irl the
instrument.
DATED: January 27, 2010.
OL- -aga4- —
1465ary Publi-C
Print Name W & 1�1 6
My appointment expires (0-w-1,
4133862 Page 4 of 5
WMMIG tat :13 PM Deed
Thurst0 on 7 ES L County
LP WazhIngton
K & L
1 111111 Eli lifill 11111111111111 111 Imin 11111 1111 n
EXHIBIT A - LEGAL DESCRIPTI
Legat description of property described in Deed of Trust
APN: 21725130200:
THE WEST 402.4 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE I
EAST, W.M. LYING SOUTHEASTERLY OF SECONDARY HIGHWAY NO. 5-H;
EXCEPTING THEREFROM THE SOUTH 16.5 FEET,
IN THLJRSTON COUNTY WASHINGTON
4133862 Page 5 of 5
7112012010 91:13 PM Dead
Thurston County Washington
K & L GATES LLP
11111111111111111111111111 IN 1111111 mill III 1 111111 111 [111111
I hurston County Map OUtPLIt Page
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Disclaimer. Thurston County makes every effort to ensure that this map 3,S a true and
accurate representation of the work of County govemmm However, the County and at t
related personnel make no warranty, expressed or implied, regarding, the Iccuracy
Completeness or convenience of any information disclosed on this map. N r does ilie County
accept liability for any damage or injury caused by the use of this map.
To the fullest extent permissible pursuant to applicable law, Thurston Court ' ty disclaims all
warranties, express or implied, including, but not limited to, implied warranties of merchant
ability, data fitness for a particular purpose, and noti-infringements of prop " ary rights.
Under no circumstances, including, but not limited to. negligence, shall Th rston County be
liable for any direct, indirect, incidental, special or consequential damages bat result from
the use of, or the inability to use, 11mrston County materials.
UI: 0 2010 -Thurston County GeoData. Center
2404 Heritage Court SW, 3rd Floor
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RESPONSE TO REQUEST FOR PRODUCTION NO. 11
Page 1 of 1
Doreen Milward
From:
Grant Beck [grantb@ci.yelm.wa. us]
Sent:
Thursday, April 01, 2010 9:58 AM
To:
Doreen Milward
Cc:
Carol Morris; bdille@owensdavies.com
Subject:
RE: Smith v, Yelm, et a].
Attachments: 05-0458 Warranty Agreement 021208.pdf
From: DoreenMilward@cushmanlaw.com
To. carol — a—morris@msn.com
CC: bencushman@cushmanlaw.com
Date: Thu, 1 Apr 2010 09:02:27 -0700
Subject: Smith v. Yelm, et al.
Would you provide us with a copy of the Warranty Agreement that Steve Chamberlain signed, to which
you refer in Beck's response to Plaintiffs Tnterrogatory No. 26 and its corresponding Request for
Production 5, and Yelm's Interrogatory No. 19 and its corresponding Request for Production No. 4?
Thank you,
Doreen Milward
Paralegal
Cushman Law Offices P.S.
924 Capitol Way S.
Olympia, WA 98501
Tel: 360/534-9183
Fax: 360/956-9795
dmilward@cushmanlaw.com
6/2/2010
urn Address
v of Veli'm
ha R.,BOX
Box 479
m, WA 98597
3988.602 Page I of 3
0211212008 08,44 AM ftreement
Thurston County Wa-shington
PALISADES WEST
1111111111 lI -
KNOWALL MEN BY THESE PRESENTS: THAT
WHEREAS, i=`H1, LL T (hereinafter referred to as the "Owner"),
has applied to the City of Yelm, a political subdivision of Thurston County of the
State of Washington, (hereinafter referred to as the "City") for the approval by the
City of a certain plat of a subdivision to be known as PALISADES WEST PLAT,
a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on
which said plat are shown areas offered by the Owner to be dedicated to public
use as streets, alleys -and other rights of way, and other publicfadllities and
improvements; and
WHEREAS, it is necessary in the interest of public welfare that the areas
so offered to be dedicated_ are to be constructed in accordance with the
specificatfons,hereinafter set -forth; and
WHERE, in accordance With the items of RCW 58.17 and Title 16 of the
'elm -Munjoipat Code, the City has adopted subdivision regulations which require
that all improvements be constructed 'in a manner consistent with the City's
development regulations,
Now therefore, TO INDUCE THE city to approve said plat and to accept
the dedication of said areas as public-streets, easements and other
improvements., the Owner does hereby unconditionally promise and agree to and
with the City as follows:
I The Owner unconditionally warrants to-the City, ts successors and
assigns that, for a period of 12 (twelve) months from the date of final plat
approval, the improvements required to be constructed and dedicated to
the public under the terms of the plat thrill be free from defects and that the
work will conform, With the requirements and specifications of the
Development Guidelines of the City, Upon any breach of warranty, the
Owner agrees to promptly repair or replace -any defective Work at no cost
to the City, and to provide all labor, equipment and materials necessary
therefore, at no cost to the City,
2. In the event the Owner shall fail or neglect to fulfill his obligations under
this agreement, the City shall -have the right to construct or cause to be
constructed, repaired, or replaced pursuant to public advertisement and
receipt and acceptance of bids, said street, utilities and other
improvements,, as shown on said plat, and the Owner shall be liable to
pay and indemnify the City, upon completion of such construction, the
final total cost to the City., including but not limited to engineering, legal
39891302 Page 2 of 3
0211212008 09:44 RM Agreement
TEursAoh County Washington
and contingent costs, together with any damages, either direct or
consequential, which the City may sustain on account of the failure of the
Owner to carry out and execute all provisions of this agreement.
3. The obligations imposed or implied by this agreement shall not be
assigned, transferr R d or assumed by any person or entity that is not a part
of this g rgeiV6�
, ithoutprior written consent of the City.
a ,,
AM
STATE F WASH I NGTON)
)ss
COUNTY OF THURSTON)
Oil this (Y day of,,,o�. 20 before, -me, the
undersigned, a Notary I
and the State of Washington, duly
Pub I
'
commissioned; and sworn, perso-nally appeared Steven e,
en L. Chamberlain,
Manager, FH1, LLC., that executed the foregoing instrument, and :acknowledged
the said instrument to:be a free and voluntary act and deed , for the uses and
purposes therein mentioned, and on oath stated that he/she/they was (were'-' )
authorized to execute -the said- instrument.. Witness my hand and official seal
hereto- affixed the day and year first above written.
4
Given under my hand and seal this day of. 20
!�s ac
Public tb16 io
sh
'Ty CV'OM
siding in
0 y A
n axp rs A UGMT 31,2010
_3j,Z10
1,
3988502 Page 3 of 3
02112J200E1 08:44 AK Agreelftent
Thurston County WashinqtDn
PALISAPE.5 VX-otT
11111111111101111111111111111111111,111111111111111111111111111111111111111111
111/09/2009 16.41 360-458-4349 CITY OF YELM PACM 02102
AWC RMSA CLAIM FOR DAMAGES
CRy of Town t Glaimant's Telephone: i 30 7 /-'0
(,25S)"HT 4 -39770
Please take notice that All krek/'5' -9f yvl* �h 'SM I
Who now r.-Sides at
And who, for six months prior to
/.57,33q /015" -A
Claims damages in the sum of S-
(Data)
Full name)
M
A � 19 q I
residence and mailing addr by street number, AO DOx, City, Slate, ef'O' AV COde)
accrual of claim or date of accident, has resided at
li�p1m.3,1A qq,-5-'T-a -
(Give l4ozidance, * i saere manner as above)
C ko giving date and time of Injury or damage Occurrence as
arising out of the following circumstances:
Describe place and full particulars of claim, accurately locating and describing defects causing injury or damage
and all acts of negligence cJaimed. (Use additional pages; if necessary.)
Accurst* describe injuries or damages'
State items of damage claimed, Itemize all oxpenges and losses, attaching all bills or receipts:
List names and addresses of QJJ witnesses:
JQ1
subsorlot, 0(
W ir . ,before me this /1G day
K z
O
10
ir �
9-29 '0
-21=
and for the Mats of Washington,
(mace! or
WA5
to: City of Yelm, PO Box 479, 99 M—ft 99597
Attachments to Smiths' Toil Claim Form to CiIy of Yelm
Describe place, and full particulars of claim, accurately locating and describing
defects causing injury or damage and all acts of negligence claimed.
L The City of Yelm's primary wrongful act was the issuance of a residential
building permit to Construct the Smith residence at 10756 Palisades Street SE.
Said building permit was issued on September 17, 2008, despite conditions
previously placed on the final plat by the Yelm. City Council, recorded February
12, 2008, which prohibited the issuance of a building permit for anything other
than a model home, until a water booster pump station for the plat of Palisades
West is installed.
2. Based on the City-issued building permit, the Smiths secured financing for a
custom-built home at 10756 Palisades Street SE, Yelm, Their home was
completed in approxii-nately April 2009, but the City of Yelm will not issue an
occupancy permit for it on the basis that such occupancy would be a violation of
the plat conditions, since the plat-required utility improvements have not been
made by the plat developer, FI-1-1, LLC. NoiRetheless, the Smiths must continue
to pay for this house even though they cannot live in it and must continue to incur
additional expenses for renting another residence for their family.
3. The City of Yelm, has failed to supply 10756 Palisades Street SE with water and
sewer utilities that meet City, State, and International Fire Code standards. The
City is the sole legal purveyor of water and sewer utilities to said property, and
the Smiths: have paid all utility connection and mitigation fees, yet these utilities
have not been supplied or connected in accordance with required standards.
4. The City was negligent in overseeing employee Grant Beck. MT. Beck is Director
of Community Development and in turn oversees the Building Department. He
directly or indirectly amended Plat Condition No. I by unilaterally changing the
requirement from prohibition of a budding permit prior to the installation. of the
booster pump station, to prohibiting occupancy prior to the booster pump
installation. This is an illegal plat amendment, since only the legislative authority
(Yelm City Council) is authorized to enact plat amendments, and may do so only
after due process (per RC W 58.17.215). The City's failure in administrative
oversight created a situation whereby Grant Beck allowed a private residence to
begin and complete construction, all the while knowing there was a significant
risk the house could not be occupied tinder the terms of the plat condition which
he unilaterally and illegally modified, or allowed to be modified,
5. The City has been negligent in remedying its error. The City has wrongfully
shifted all responsibility for correcting this problem — a situation caused by the
City, not the claimants, to the Smiths, The Smiths have been forced to initiate,
implement, and pay for any and all proposals to correct the City's error.
6. Not only have the Smiths been forced to find solutions to correct the City's error,
but they have also been encumbered with obstructions placed against them at
every step of the way by Grant Beek, again due to the City's negligence in
properly advising him. For example, Mr. Beek first stated the reason for denying
occupancy was concern about lack of water pressure to fight a fire, but after the
Smiths' builder met with the responding Fire Department, and the Fire Chiefs
then wrote a letter setting out a successful fire plan, Mr. Beck then shifted course
to cite concerns about plat conditions, and suggested a plat amendment process.
After a plat amendment application was made, W Beck next alleged code
violations as reason for denial. Mr, Beck has used his authority as Director of
Community Development to delay and oppose the Smiths' occupancy and plat
amendment, and to disseminate false or incomplete information pertaining
thereto, as well as b-urdening the Smiths with tasks and conditions that are not
required of any other Yelm citizen.
The City has been -negligent in allowing or enabling Grant Beek to use City legal
services for his personal biases and benefit.
S. Through the City Attorney, the City is now requiring, as a condition of approving
the plat amendment, for the Smiths to sign a Release which greatly exceeds the
scope of the waiver they had originally offered to the City with respect to liability
in case of fire damage to their house, and also greatly exceeds anything required
by any other Yelm citizen. It is an unreasonable Release, and requiring the
Smiths to sign it in order to approve their plat amendment is yet another
fabricated obstruction to their occupancy permit.
Accurately describe injuries or damages.
The Claimants have suffered significant financial damages:
• The Smiths have incurred and are obligated to continue making mortgage payments
on a house they cannot live in,�and on a lot on which they cannot reside, due to the
City's errors described above.
• The Smiths have incurred significant legal expenses to initiate the plat amendment
process (a potential correction method that had originally been suggested by Grant
Beck), and to process the plat amendment which has been delayed and opposed by
Grant Beek.
o The Smiths have had to incur significant engineering and legal expenses to respond to
and defend against the fabricated and inaccurate statements made by Grant Beck in
his staff reports recommending denial of the plat amendment, and to develop
engineering plans to propose remedies on a site-specific level as an interim fix until
the booster pump station and other plat conditions sized for the entire plat can be
fulfilled.
• The Smiths have had to incur moving expenses due to the expiration of their lease
and subsequent need to secure a different rental residence.
2 Oil
State items of damage claimed. Itemize all expenses and losses, ;attaching all bills or
receipts:
Item
Cost
Damages Incurred through 1213109
1. Interest-only payments since April 2009 (an
$15,500 approx.
10756 Palisades Street SE which is and
continues to be unable to be occupied)
2. Rental house since May 2009 (since unable
$12,075,00
to occupy 10756 Palisades Street SF,)
3. Cushman Law Offices Fees and Costs
$15,614.32
4. Vince McClure, PLLC Fees and Costs
$6,000 approx.
5. Smiths moving expenses (includes last time
$5,000 approx.
from work; security deposits; utilities start-
up fees; double rent during transition)
subtotal
$54,189,32 approx.
Estimated Costs to Implement Engineering Proposal
Water booster pinup upgrade for Lot 15 specifically
unknown
Sewer pressure, valve upgrade for Lot 15 specifically
unknown
subtotal
Unknown but could be
$20,000-$40,000
Estimated Damages if Flat Amendment and Occupancy Permit is Denied
and/or Conditions for Approval Cannot be Agreed Uponi
Items I - 5 above, plus continuing interest-only
$54,189,32, plus additional and
payments, rent payments, and legal fees
continuing costs to be determined
Interest at I% per month on Damages
To be determined
Buy-out of the Smiths' mortgage (includes loan
$415,471,00
principal, financing, plus cash paid by Smiths)
total
$469,660.32
- plus additional and continuing
costs to be determined;
plus interest on damages
1 The requirement that the Stn[ths sign the City's Release as Et condition of plat amendment is
unacceptable for the reasons stated in Paragraph No. 8 herein.
3
DI
List names and addresses of all Witnesses:
Ai-idrew & Cynthia Smith
15411 105th Avenue SE
Yelm, WA 98597
Ben D. Cushman
Doreen Mlward
Cushman Law Offices
924 Capitol Way S.
Olympia, WA 98501
Homestreet Bank
2000 Two Union Square
601 Union St.
Seattle, WA 98101 -2326
Maureen Nieland
Van Dorm Realty, Inc.
1530 Black Lake Blvd. SE, Suite F
Olympia, WA 98502-5613
Dan Lee, Triance Homes
91831 Burnett Road
Yelm, WA 98597
Triance Group Incorporated
12639 SE 307" St
Auburn, WA 98092
Steve Chamberlain
F11 -1, LLC
4200 6'h Avenue SW, Suite 301
Lacey, WA 99503
Grant Beck
Community Development Director
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
Brent Dille
Yelm City Attorney
Owens Davies Fristoe Taylor & Schultz, PS
1115 West Bay Dr., Suite 3 02
Olympia, WA 98502
4
SIDI
ud
V
11
Mayor Harding
City of Yelm
105 Yelm Avenue West
Yelrn, WA 98597
Rita Hutcheson, Fire Chief
Mark King, Deputy Chief
SE Thurston Fire & EMS
P. 0. Box 777
Yelm, WA 98597
Vince McClure, SE, PE, Ph.D.
P. O. Box 9718
Lacey, WA 98509-8718
Randy Raymond, P.E.
Sr. Engineer, Municipal Services Group
Parametrix
P. Q. Box 460
Sumner, WA 98390
Tim Petersen
Public Works Director VU
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
w NA MA
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