2.97.050 Nomination, Application and Acquisition Requirements.
A. The Department shall develop the application forms upon which Sponsors may nominate conservation futures properties for acquisition through the conservation futures program. Nomination application forms shall, at a minimum, contain the following:
1. Set forth how the conservation futures property acquisition satisfies the selection criteria in PCC 2.97.060; and
2. Identify the intended future uses and improvements to remain or occur after acquisition and provide a description of how these uses are compatible with the conservation values of the property. Farm, forest and active recreation applications shall ensure any proposed uses are consistent with the underlying zone; and
3. Identify the conservation futures priorities that the conservation futures property contains as listed in PCC 2.97.030; and
4. Be accompanied by:
a. A Sponsor Affidavit signed by the Sponsor;
b. A Receiving Agency Affidavit signed by the receiving agency that includes a statement demonstrating commitment to work expeditiously to negotiate agreements with Seller and County so final documents can be signed generally no later than 24 months from the County Council's adopted project funding Resolution;
c. A Leverage Statement detailing all matching funds for project;
d. A copy of the current year Pierce County Assessor's tax statement showing the assessed value for that year; and
e. A Willing Seller Affidavit signed by the seller of the property that states:
(1) Seller is willing to negotiate with the Receiving Agency and Pierce County to sell a fee simple title or a Conservation Easement encumbering the property identified in the Sponsor's application for Conservation Futures funding for a purchase price consistent with an appraisal;
(2) Seller understands the funding is available for a limited time and will cooperate to expeditiously negotiate agreements so final documents can be signed generally no later than 24 months from the adopting Resolution. Funding for each conservation futures funding cycle shall expire on December 31 of odd-numbered years;
(3) Seller understands covenants will be recorded against title to permanently limit the future use of the property and protect the conservation values; and
(4) Seller is willing to allow public access to the property consistent with conservation values. For example, unrestricted public access may not be appropriate or required for agricultural land or habitat preservation projects. See PCC 2.97.060.A.3 for public access requirements.
5. Documentation that the nominated property is supported by the adopted goals of the local jurisdiction as shown on a map or formal document adopted by the local jurisdiction, or other state or federal map.
B. The Executive shall pursue acquisition of conservation futures properties selected by the Council in accordance with the following procedures:
1. Within 30 days of property Resolution adoption, the Department or Sponsor will order a title report, Sponsors will perform due diligence. Any title encumbrances incompatible with Conservation Futures covenants shall be identified and cleared from the title prior to purchase.
2. Prior to making an offer to purchase a conservation futures property, a Letter of Opinion may be obtained as a guideline for establishing the purchase price.
3. An Appraisal Report and Review Appraisal shall be obtained to determine the fair market value of the property and be used for establishing the final Conservation Futures contribution.
a. For fee simple purchases, appraisals shall be ordered within 180 days of adoption of the funding Resolution.
b. For Conservation Easements or other property agreements, the draft terms and conditions shall be submitted to the Department no later than 180 days following adoption of the funding Resolution. When the county, seller, receiving agency/Sponsor have concurrence on the conservation easement terms, the appraisals shall be ordered and include the easement terms.
4. In the interest of completing conservation future purchases within a reasonable period of time, specific deadlines must be adhered to. In the event project Sponsors or the County anticipate difficulty in meeting the timelines established in this Section, a project milestone agreement may be executed, establishing reasonable project-specific timelines. If applicable, project milestone agreements shall be completed within 90 days of adoption of the Council's project funding Resolution.
5. Applicants should review the Administrative Guidelines for a list of items necessary to request an Agreement to Fund with the County. See PCC 2.97.080.A for conservation futures covenant obligations.
6. The Executive shall attempt to purchase each conservation futures property allocated for funding in the Council's funding Resolution: PROVIDED, The Executive is authorized to stop the negotiation of a purchase and sales agreement if, in the opinion of the Executive, pursuit thereof is no longer in the public interest, the project is not progressing within reasonable timelines, the requirements of the program cannot be met or the Sponsor has withdrawn the application.
7. If a Conservations Futures project that was allocated funds in the Council's funding Resolution is withdrawn, the Executive may begin negotiation of a purchase and sales agreement for the next ranked unfunded conservation futures property in the Council's funding Resolution: PROVIDED, Sufficient funds are available, in the opinion of the Executive, to warrant commencement of these negotiations.
8. The Executive shall place executed Conservation Futures grant documents into an escrow account chosen by the County or made by the Sponsor with County's consent, and the company must be located within Pierce County.
9. Any conservation futures property listed for acquisition in a Resolution adopted by the Council pursuant to this Chapter shall remain eligible for purchase by the Executive throughout the funding biennium until December 31 of odd-numbered years unless removed from the list by subsequent Council Resolution or withdrawn by the Sponsor.