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HomeMy WebLinkAbout220517aJeffrey A. Cline, President Terry L. Baker, Vice President Krista L. Hart, Clerk BOARD OF COUNTY COMMISSIONERS May 17, 2022 OPEN SESSION AGENDA 10:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Jeffrey A. Cline APPROVAL OF MINUTES: May 10, 2022 10:05 AM COMMISSIONERS’ REPORTS AND COMMENTS 10:15 AM STAFF COMMENTS 10:20 AM CITIZEN PARTICIPATION 10:30 AM PUBLIC HEARING – APPLICATION FOR ZONING MAP AMENDMENT RZ-21-007 Travis Allen, Comprehensive Planner, Planning and Zoning 10:45 AM POST LEGISLATIVE REVIEW Bruce C. Bereano, Lobbyist for Washington County Commissioners 11:05 AM NATIONAL PUBLIC WORKS WEEK Andrew Eshleman, Director, Public Works; Jaime Dick, Deputy Director, Parks and Recreation; Zane Rowe, Deputy Director, Highways Department 11:20 AM FY23 POLICE RECRUITMENT AND RETENTION GRANT – APPROVAL TO SUBMIT APPLICATION AND ACCEPT AWARDED FUNDING Cody Miller, Quartermaster/Grants Manager, Washington County Sheriff’s Office; Rachel Souders, Senior Grant Manager, Grant Management 11:25 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-22-0087) PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR DIVISION OF EMERGENY SERVICES Brandi Naugle, Buyer, Purchasing; Eric Jacobs, Operations Manager, Emergency Services 11:30 AM BID AWARD (PUR-1543) – GROUNDS MAINTENANCE FOR VARIOUS COUNTY DEPARTMENTS Brandi Naugle, Buyer, Purchasing; John Easterday, Superintendent, Black Rock Golf Course; George Sweitzer, Assistant Superintendent, Black Rock Golf Course Wayne K. Keefer Randall E. Wagner Charles A. Burkett Page 2 of 2 OPEN Session Agenda May 17, 2022 Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. 11:35 AM BID AWARD (PUR-1540) – LEACHATE HAULING FROM COUNTY LANDFILL Brandi Naugle, Buyer, Purchasing; Dave Mason, Deputy Director, Solid Waste 11:40 AM BID AWARD (PUR-1544) – TRASH REMOVAL SERVICES AT COUNTY FACILITIES Brandi Naugle, Buyer, Purchasing; Danny Hixon, Deputy Director, Parks and Facilities 11:45 AM BUILDING EXCISE TAX ORDINANCE SUNSET CLAUSE Rich Eichelberger, Director, Permits and Inspections 11:50 AM FY22 BUDGET ADJUSTMENT – ELECTION BOARD Kelcee Mace, Interim Chief Financial Officer, Budget and Finance 11:55 AM RETIREE HEALTH INSURANCE SUBSIDY DISCUSSION Kelcee Mace, Interim Chief Financial Officer, Budget and Finance 12:05 PM CLOSED SESSION - (To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals and To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.) 12:25 PM BREAK 6:00 PM FY23 PUBLIC BUDGET AND TAX RATE HEARING – Kepler Performing Arts and Visual Arts Center, Hagerstown Community College, 11512 Kepler Drive, Hagerstown, Maryland 21740 Open Session Item SUBJECT: PUBLIC HEARING - Application for Zoning Map Amendment RZ-21-007 PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Travis Allen, Comprehensive Planner, Department of Planning and Zoning RECOMMENDED MOTION: The purpose of this public hearing is to take public comment on the rezoning application. The Commissioners have the option to reach a consensus to either approve or deny the request after the public hearing closes or deliberate on the issue at a later date. REPORT-IN-BRIEF: Application is being made to rezone two properties totaling 131.28 acres along Beaver Creek Road near the I-70 interchange from the current Residential Multifamily (RM) classification to Highway Interchange (HI). DISCUSSION: The applicant 19817 Beaver Creek, LLC seeks a map amendment for two properties located at the namesake address. The factors to be considered in a request for a map amendment are listed in Article 27.3 of the Washington County Zoning Ordinance. Primarily, the applicant must demonstrate that there has been a change in the character of the neighborhood since the time of the last comprehensive zoning plan, or a mistake made in the zoning designation placed on the property at that same time. For these two properties, the Comprehensive Rezoning of the Urban Growth Area in 2012 is the point from which “Change or Mistake” should be evaluated. The applicant is claiming a “Mistake” was made in 2012 in their request. This item was presented to the Washington County Planning Commission at a Public Information Meeting held during their regular meeting on February, 7 2022. It was then brought back for recommendation at the March 7, 2022 meeting, where the members unanimously recommended for approval of the proposed map amendment. Thus far, all written or oral public comments received have been opposed to the proposed rezoning. FISCAL IMPACT: N/A CONCURRENCES: Washington County Planning Commission ALTERNATIVES: N/A ATTACHMENTS: Application, staff report, Planning Commission recommendation, approved Planning Commission minutes and written public comments AUDIO/VISUAL NEEDS: none Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County FOR PLANNING�COMMISSI N U E ONLY Rezoning No."C2�" D Date Filed: WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION 19817 Beaver Creek, LLC ❑Property Owner Kontract Purchaser Applicant ❑Attorney ❑Consultant 1125 Ocean Ave, Lakewood NJ 08701 ❑Other: Address William C. Wantz (301)733-7972 Primary Contact Phone Number 123 W. Washington St., Hag. MD 21740 wantz@mac.com Address E-mail Address w/s Dual Highway and 19817 Beaver Creek Road Property Location: 58 15 52 & 351 131.28 Tax Map: Grid: Parcel No.: Acreage: RM HI Current Zoning: Requested Zoning: Reason for the Request: ❑ Change in the character of the neighborhood ■ Mistake in original zoning PLEASE NOTE: A Justification Statement is required for eitherreason. 6 i Applicant's Signature Subscribed and sworn before me thisi 8th day of November 20 21 My commission expires on3-18-2023 gloat -s-mom , Notary Public FOR PLANNING COMMISSION USE ONLY dApplication Form dFee Worksheet VApplication Fee Ownership Verification u/Boundary Plat (Including Metes & Bounds) dNames and Addresses of all Adjoining & Confronting Property Owners t(Vicinity Map v(JustificationStatement p r e'30 copies of complete Applicatio NOV 19 2011 Washington County Dept of Planning & Zoning WASHINGTON COUNTY DEPARTMENT OF PLANNING & ZONING FEE WORKSHEET FOR PLANNING COMMISSION USE ONLY Rezoning No. Date Filed: PLEASE COMPLETE ONLY THE SECTION THAT APPLIES. Applicant's Name: 1 qI 911 601,10 UCCIZk ZL C° Date: I I - ) G - -)- L— Zoning Ordinance Map Amendment ................................$ 2,000.00 Number of Acres * 13 a x $20.00 [1 acre minimum] peracre ...........................................$ a C y 0 Engineering Review Fee .................................... $ 150.00 Technology Fee ........................................... �— 15.00 TOTAL FEES DUE- MAP AMENDMENT ..... $f *Minimum charge of $20.00 [if less than one acre] nendment................................................ $ 2,000.00 Choose One: ❑ Adequate Public Facilities Ordinance ❑ Forest Conservation Ordinance ❑ Solid Waste Plan ❑ Subdivision Ordinance ❑ Zoning Ordinance ❑ Other: Technology Fee...........................................E_15.00 TOTAL FEES 'DUE -TEXT AMENDMENT ..... $ 2,015.00 Water and Sewer Plan Amendment ................................ $ 2,000.00 Technology Fee ................................................. 15.00 TOTAL FEES DUE- WATER AND SEWER PLAN AMENDMENT .... $ 2,015.00 ....................................$ 25.00 Technology Fee ................................................. 15.00 'OTAL FEES DUE- FOREST EXEMPTION.... $ 40.00 Please make checks payable to "Washington County Treasurer". SHELLY WITTER FOX ENGINEERS a SURVEYORS a PLANNERS November 16, 2021 DESCRIPTION OF PROPERTY Lands of Agrimar Company Establishment Shelly & Witter, Inc. 1992-2016 Situate along the south side of U.S. Route 40 (National Pike), along the south side of Beaver Creels Road and along the west side of Crossfield Road in Election District No. 16, Washington County, Maryland, and being more particularly described as follows: Beginning at a point at the intersection of the south margin of Beaver Creels Road and the southern right of way line of U.S, Route 40 (National Pike), said point being at or near the beginning point of a parcel of land conveyed by Kenneth R. Hammond and L. Pearl Hammond, his wife, to Agrimar Company Establishment, a Corporation of the Principality of Liechtenstein, by deed dated November 30, 1982, and recorded at Liber 736, Folio 264, among the land records of Washington County, Maryland, thence running with the sixth (61") line of said deed reversed, and running with the southern right of way line of U.S. Route 40 (National Pike) as per Maryland State Roads Commission Plat No. 31291, the two (2) following courses and distances 1. S 240 41' 11'I E 81.1 P to a point, thence running with a curve to the left having a radius of 2999.79', an arc length of 470.8l' and a chord bearing and distance of 2. S 290 10' 25" E 470.33' to a point, thence leaving said right of way line and binding on the lands of National Pike Joint Venture, LLC (L. 4352, F. 284), the four (4) following courses and distances 3. S 210 06'56" W 722.37' to a point, thence 4. S 550 54' 04" E 203.60' to a point, thence S 570 06' 23" E 229.95' to a point, thence Serving Pennsylvania, Maryland, West Virginia Virginia �OCIATES INC. PA (717) 597-4433 • MD (301) 791-0223 • Fax (717)597-4435 - 2371 Buchanan Trail West • Greencastle, PA 17225 k�J(Y7&IA od DESCRIPTION OF PROPERTY Lands of Agrlmmr Company Establishment Pnge 2 of 6. N 320 00' 00" E 41.25' to a point, thence continuing with the lands of National Pike Joint Venture, LLC and also binding on the lands of R & W Doresy, Inc. (L. 557, F. 184), Mitra Ahadpour (L. 2679, F. 645) and Tony Summers (L. 4903, F. 26 & L. 4743, F. 7) 7. S 590 46' 33" E 1442.00' to a point in or near the center of Crossfield Road, thence running with said road 8. S 270 20' 32" W 1112,10' to a point, thence leaving the road and binding on the lands of Allen D. Burch and Shirley A. Burch (L. 1358, F. 128), the two (2) following courses and distances 9. N 730 54'28" W 271.05' to a point, thence 10. S 77° 28' 32" W 896,60' to a point, thence binding on the lands of Bowen Holdings, LLC (L. 4434, F. 449) 11. N 550 46' 28" W 519.00' to a point, thence binding on the lands of Martha J. B. Talton (L. 3367, F. 187) the three (3) following courses and distances 12. N 100 43' 32" E 412,50' to a point, thence 13. N 480 01' 28" W 1641.75' to a point, thence 14. N 200 13' 32" E 561.00' to a point, thence binding on the lands of Alfred S. Bendell, III, and Charlotte Bendell (L. 792, F. 1084) the two (2) following courses and distances 15. N 190 43' 32" E 639.37' to a point, thence 16. N 200 43' 32" E 825.00' to a point at or hear the center of Beaver Creels Road, thence running with the road 17. S 620 16' 23" E 700.3 l' to point, thence leaving the road 18. S 210 54' 22" W 21.84' to a point on the south margin of the road, thence running with the first (111) line reversed of the Agrimar Company Establislunent & 736, F. 264) aforementioned 19. S 600 39' 38" E 313.72' to the point of beginning. DESCRIPTION OF PROPERTY Lands of Agrimar Company Establishment Page 3 of 3 Containing 131.38 acres of land, more or less. Being all of the lands conveyed by Kenneth R. Hammond and Pearl L. Hammond, his wife, to Agrimar Company Establishment, a Corporation of the Principality of Liechtenstein, by deed dated November 30, 1982, and recorded at Liber 736, Folio 264, and also being part of the lands on the south side of U.S. Route 40 (National Pike) conveyed by Betty J. Pashen Monninger and Elizabeth Devona Pashen, to Agrimar Company Establishment, of the Principality of Liechtenstein, by deed dated December 10, 1980, and recorded at Liber 710, Folio 985; both of which are recorded among the land records of Washington County, Maryland. The lands described herein being taken from a plan prepared by and on file among the records of Shelly, Witter & Fox, dated November 15, 2021, at Job No. 2021-43925. As noted on said plan, the description of the property described herein is from deeds and plats of record and not from an actual survey prepared by Shelly, Witter & Fox. LlcaN�s? �xOtn"`S 9-IF'Zo22 Paul Abbott Dorothy Abbott 20033 National Pike Hagerstown MD 21740 Mitra Ahadpour 8904 Bells Mill Road Potomac MD 20854-2642 B Creek Properties LLC PO Box 724 Funkstown MD 21734 Alfred S. Bendell, III Charlotte Bendell 19515 Beaver Creek Road Hagerstown MD 21740 Bowen Holdings LLC 9651 Old National Pike Hagerstown MD 21740-1553 Allen D. Burch Shirley A. Burch 9834 Crossfield Road Hagerstown MD 21740 R & W Dorsey Inc. 19935 National Pike Hagerstown MD 21740 John H. Hopkins & Wilmarie, Trustees Hopkins Family Revocable Trust PO Box 2978 Hagerstown MD 21741 Kegerreis Properties LLC PO Box 242 Fayetteville PA 17222 Louis Knapp Cheryl Knapp 19806 Beaver Creek Road Hagerstown MD 21740 Maryland Metro Realty LLC 10228 Governor Lane Blvd., Ste 3002 Williamsport MD 21795 National Pike Joint Venture LLC c/o Robert Hill 11301 Grouse Lane Hagerstown MD 21742 Greg Palmer Kelli Jo Palmer 19810 Beaver Creek Road Hagerstown MD 21740 Tony Summers 21284 Mt. Lena Road Boonsboro MD 21713 Martha Talton 9821 Old National Pike Hagerstown MD 21740 Donald Trumpower, Sr. 19730 Beaver Creek Road Hagerstown MD 21740 Twigg Family Limited Partnership 200 S. Edgewood Drive Hagerstown MD 21740 TUSTIFICATION STATEMENT The application for rezoning of the subject property is supported by evidence of mistake in the current zoning classification. In RZ10-005 (2012), the Board of County Commissioners repealed and deleted Article 19B of the Washington County Zoning Ordinance (the "Ordinance"), previously establishing the HI-2 Highway Interchange zoning district. Prior to the repeal of Article 19B, the subject 132 acre property was zoned HI-2. Thereafter, the property was assigned an RM (Residential, Multi -family) zoning classification under Article 10 of the Ordinance. Section 10.0 of the Ordinance generally provides: "All new development in the Residential -Multi -Family District should be served by public water and sewer facilities approved by the Washington County Health Department." Although the subject property is within the Urban Growth Area established in the Comprehensive Plan, it is not included in Hagerstown's Medium Range Growth Area "MRGA", and is not eligible for public water and sewer service provided by the City. In other words, although the subject property is within the County's designated Urban Growth Area, it is not located within the City's MRGA (see attached graphics). The property cannot meet the requirement established in Article 10 of the Washington County Zoning Ordinance that the property be served by public water and sewer, since no municipal or county utility services meeting the requirements of Article 10 are available to serve the property. Uses suitable under the current RM classification would be impracticable if developed on well and septic. A zoning mistake was made in comprehensively rezoning the subject property to an RM zoning classification. Under Maryland law, the presumption of validity accorded to a comprehensive zoning is overcome and error or mistake is established when there is probative evidence to show that the assumptions or premises relied upon by the legislative body at the time of the comprehensive rezoning were invalid. Error can be established by showing that at the time of the comprehensive zoning the legislative body failed to take into account the then existing facts, or projects or trends which were reasonably foreseeable of fruition in the future, so that the legislative body's action was premised initially on a misapprehension. Error or mistake may also be established by showing that events occurring subsequent to the comprehensive zoning have proven that the legislative body's initial premises were incorrect. Boyce v. Sembly, 25 Md. App. 43, 50-51 (1975) Citing the decision in Rockville v. Stone, 271 Md. 655 (1974), the Court in Boyce v. Sembly, supra, further observed: "On the question of original mistake, this Court has held that when the assumption upon which a particular use is predicated proves, with the passage of time, to be erroneous, this is sufficient to authorize a rezoning." Boyce v. Sembly, supra, 51 A comparison of the Urban Growth Area and MRGA boundaries (see attached graphics) demonstrates the incongruity of the respective county and municipal growth area delineations. Other properties within the Urban Growth Area, and not within the City's MRGA are zoned to the same HI classification by the Applicant. The HI classification advocates and promotes the proximity of the subject property to the I-70/U.S. Route 40 interstate for significant economic development. Q ✓� w '/ ,e a 3 �b'a� i ' `'• ids�z� f r'nVLia.a•a�. JVW TfIART Y is �. x 11 ppQO. „7%L a ki /m �� a I�♦O:.�!/�i 1 �'•9, > �aE�^Ya� jsr 't W., 4 / �"�1y/ri6.Fz-.i.�'�i�il��I/iI1',�♦ n�`,'.tx� iLq-:. ?��J•�1 f'�� ' � s i^, 3 e ,� I�•�Ip1 �, � �i� � w c4 dma� �b '• u �al�. Nr5110 ilr i4 !q r\� � �a 4P1 ��. � P• i"a d� •r� „�i .. 'Rb� w zo rl-'vt CEM f V VGA a I � III i G 1 1 r 11/19/21, 11:18 AM SDAT: Real Property Search Real 6-'rope0y Da'ra ;ter.,nch Search Re sult'fm WASHING 'ION GOURS`fY View Map View GroundRent Redemption View GroundRent Registration Special Tax Recapture: None Account Identifier: District - 10 Account Number - 008387 Owner Information Owner Name: AGRIMAR CO ESTABLISHMENT Use: RESIDENTIAL/COMMERCIAL C/O NICK GIANNARIS THE SHERATON Principal Residence: NO Mailing Address: 19715 MEADOWBROOK RD Deed Reference: /00736/ 00264 HAGERSTOWN MD 21742-2522 Location 8, Structure Information Premises Address: 19817 BEAVER CREEK RD Legal Description: PARCEL A 1.86 ACRES HAGERSTOWN 21740-0000 19817 BEAVER CREEK RD USRT40 Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 0058 0015 0351 10010150.22 0000 2022 Plat Ref: Town: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 1962 1,914 SF 1.8600 AC Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements 1 YES STANDARD UNIT BRICK/ 4 2 full 1 Attached Base Value Value Phase -in Assessments As of As of As of 01/01/2019 07/01/2021 07/01/2022 Land: 81,400 81,400 Improvements 142,900 142,900 Total: 224,300 224,300 224,300 Preferential Land: 0 "fransfor Information Seller: HAMMOND KENNETH R & L P Date: 11/30/1982 Price: $95,000 Type: ARMS LENGTH IMPROVED Deed1: /00736/ 00264 Deed2: Seller:........ Date... Price: Type: Deed1: Deed2: Seller: _. Date: Price: Type: Deed1: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2021 07/01/2022 County: 000 0.00 State: 000 0.00 Municipal: 000 0.001 0.001 Special Tax Recapture: None Homestead Homestead Application Status: No Application Homeowners Tax C:iedit Application Information Homeowners' Tax Credit Application Status: No Application Date: https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx 1!1 11/19/21, 11:18 AM SDAT Real Property Search Real Prop (niy Data Search Search Result for WAS I IING iON CTC.IUNTY View Map View GroundRent Redemption View GroundRent Registration Special Tax Recapture: AGRICULTURAL TRANSFER TAX Account Identifier: District - 16 Account Number - 007293 Owner Information Owner Name: AGRIMAR CO ESTABLISHMENT Use: AGRICULTURAL C/O NICK GIANNARIS Principal Residence: NO Mailing Address: 19715 MEADOWBROOK RD Deed Reference: /00710/ 00985 HAGERSTOWN MD 21742-2522 Location & Structure Information Premises Address: NATIONAL PIKE Legal Description: 130.14 ACRES 0-0000 S/S U S RT 40 Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 0058 0015 0052 16010180.22 0000 2022 Plat Ref: Town: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 130.1400 AC Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements VaTIO, Information Base Value Value Phase -in Assessments As of As of As of 01/01/2019 07/01/2021 07/01/2022 Land: 39,800 39,800 Improvements 0 0 Total: 39,800 39,800 39,800 Preferential Land: 39,800 Transfer Information Seller: MONNINGER BETTY J PASHEN ET AL Date: 12/11/1980 Price: $286,000 Type: ARMS LENGTH IMPROVED Deedl : /00710/ 00985 Deed2: Seller: Date.... Price... Type: Deed1: Deed2: ..Seller: _.. _. _. Date:_ _... Price: Type: Deed1: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2021 07/01/2022 County: 000 0.00 State: 000 0.00 Municipal: 000 0.001 0.001 Special Tax Recapture: AGRICULTURAL TRANSFER TAX Homestead Application Information Homestead Application Status: No Application Homeowners lax Credit Applicahon Information Homeowners' Tax Credit Application Status: No Application Date https://sdat.dat.maryland,gov/RealProperty/Pages/default,aspx 1/1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of the 26th day of May 2021 (the "Effective Date"), by and among 19817 Beaver Creek LLC, a Maryland limited liability company, or its assignee ("Purchaser"), and Agrimar Corporation (fka Agrimar Co Establishment), a corporation organized under the laws of the Principality of Liechtenstein, which entity is registered with the Maryland Department of Assessments and Taxation as a foreign corporation ("Seller"), RECITALS A. Seller is the owner in fee simple of certain property (two parcels of real property —(1) with residential structure, Map 0058, Grid 0015, Parcel 0351 - of approximately 1.86 acres, and (2) Map 0058, Grid 0015, Parcel 0052 — of approximately 130.14 acres) consisting of (i) land located in Washington County, Maryland and identified on Exhibit A attached hereto, including, without limitation, all existing easements, covenants and other rights appurtenant to such land and any land lying in the bed of any street, road, avenue or alley adjoining such land (the "Beal Property"); (ii) all buildings, structures and any other improvements currently situated on such land (the "Improvements"); (iii) all Seller -owned systems, equipment, machinery, facilities, fixtures appliances, furniture, and other personal property (if any) now located on or serving such Improvements, and all Seller -owned drawings, plans, specifications, reports (if currently in existence and in Seller's possession) and any other intangible rights and benefits connected with or accruing from any of such property (the "Personal Property"); (iv) all currently existing licenses, approvals and permits issued with respect to any of the foregoing property (the "Permits"); and (v) all warranties and guaranties (if any) regarding any of the foregoing property (the "Warranties"). The foregoing Real Property, Improvements, Personal Property, Permits and Warranties are collectively referred to herein as the "Property". B. Seller has agreed to sell the Property to Purchaser, and Purchaser has agreed to purchase the Property from Seller, under all of the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Incorporation of Recitals. The foregoing Recitals are hereby incorporated herein by reference as a substantive pail of this Agreement. 2. Purchase and Sale of the Property. Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell to Purchaser, and Purchaser agrees to purchase fioni Seller, the Property in accordance with the terns of this Agreement. 3. Purchase Price: Terms of Payment; Duties of Escrow Agent. 3.1 Purchase Price. Thea ' eProperty("Purchase Price") shall be >ubject to adjustments and prorations as set forth below and in Section 5. 3.2 Terms of Payment, The Purchase Price shall be paid by Purchaser as follows: 3.2.1 Within three (3) Business Days (defined below) after the Effec ' Date, Purchaser shall deposi he "Initial Deposit") wi dison Title Agency, LLC (the "Escrow Agent"). Within mree (3) rsushness Days after the expir i of the (00)10147 v. 7) Feasibility Period (defined below), unless this Agreement is earlier terminated as provided herein, Purchaser shall deliver to the Escrow Agent an additional deposit of ®13e "Additional Deposit"), which, together with the Initial Deposit, shall be referred to nerc,n cmivcnvely as the "Deposit," which Deposit shall be held by the Escrow Agent and paid, refunded or otherwise applied to the Purchase Price in accordance with the terms of this Agreement. Any interest earned on the Deposit shall be deemed part of the Deposit and paid together with the principal portion of the Deposit according to the terms hereof. For the avoidance of doubt, the parties hereby agree that Purchaser shall be entitled to terminate this Agreement and receive a full refund of the Deposit at any time and for any reason on or before the expiration of the Feasibility Period. 3.2.2 Upon Closing (as defined in Section 4) under this Agreement, the remainder ofthe Purchase Price, beyond the Deposit, subject to adjustments and prorations provided herein, shall be paid by wire transfer of funds to the Escrow Agent for disbursement at Closing in accordance with the settlement statement, 3.3 Duties of Escrow Agent, The Escrow Agent agrees to hold all sums constituting the Deposit if and when made, as escrowee, in strict compliance with the provisions of this Agreement. The Escrow Agent acts hereunder as a depository only and is not responsible or liable in any manner whatsoever for the (i) sufficiency, correctness, genuineness or validity of any written instrument, notice or evidence of a party's receipt of any instruction or notice which is received by the Escrow Agent, or (ii) identity or authority of any person executing such instruction, notice or evidence, The Escrow Agent shall have no responsibility hereunder except for the performance by it in good faith of the acts to be performed by it hereunder, and the Escrow Agent shall otherwise have no liability. The Escrow Agent shall not be responsible for the solvency or financial stability of any financial institution with which Escrow Agent is directed to invest funds escrowed hereunder. In the event of a dispute between the parties hereto with respect to the disposition of the amount held in escrow, the Escrow Agent shall be entitled, at its own discretion, to deliver such amount to an appropriate court of law (for the jurisdiction in which the Property is located) pending resolution of the dispute. The parties agree to enter into any reasonable escrow agreement provided to the parties by the Escrow Agent. 4. Closing. The closing of the purchase and sale of the Property (the "Closing") shall be held by the exchange of documents through the Escrow Agent in the form of an "escrow style" closing (without the need for party representatives to be present at the same location) at 11:00 a.m. on the date that is thirty (30) Business Days following the end of the Feasibility Period (hereinafter referred to as the "Closing Date") unless an earlier date is mutually agreed upon by the patties. Seller shall give exclusive possession and occupancy of the Property to Purchaser immediately following the consummation of Closing, and in the event Seller fails so to do, Seller shall become and be thereafter a tenant by sufferance of Purchaser, and Seller hereby waives all notice to quit as provided by any local, state or federal laws. Seller and Purchaser may, by written agreement, advance the date for Closing as mutually agreed. 4.1 Seller's Closing Deliverables. At the Closing, Seller shall deliver the following documents (collectively, the "Closing Documents") and such other items described below (together with the Closing Documents, the "Closing Deliverables"): 4.1.1 a special warranty deed to the Real Property including a covenant of further assurances, duly executed and acknowledged by Seller and in proper form for recordin conveying fee simple title to the Real Property to Purchaser or its designee in accordance with thi greement. Notwithstanding anything herein tothe contrary, Purchase• reserves the right to modify the le description in the deed to reflect updated information regarding the Real Property and matters of recor (00310147 v. 7) 4.1.2 a bill of sale for all of the Personal Property (if any), duly executed and acknowledged by Seller in the form attached hereto as Exhibit B; 4.1.3 an assignment of the Permits and Warranties (if any), drily executed and acknowledged by Seller, assigning to Purchaser all of Seller's right, title and interest in and to all of the Permits and Warranties in the form attached hereto as Exhibit C; 4.1.4 originals, if in Seller's possession, or copies of the following which may be obtained by Seller at nominal cost, all certificates of occupancy, licenses, permits, authorizations, consents and approvals required by law and issued by any governmental or quasi -governmental authority having jurisdiction over the Property; 4.1.5 to the extent in Seller's possession, existing utilities layout plans, topographical plans, surveys and the like used in the construction, improvement, alteration or repair of the Property; 4.1.6 a FIRPTA affidavit (notwithstanding the forgoing, and given that Seller is a non -US entity, Seller will not provide a FIRPTA affidavit. It is Seller's intention to seek applicable exemption from withholding, and/or to seek and obtain an applicable withholding certificate that would evidence the need for Escrow Agent to withhold (for remittance to the IRS) a lesser amount than the otherwise legally required fifteen percent (15%) of sales proceeds. Seller's US Federal taxpayer ID# is 52- 1207661. Additionally, given that Seller is registered with the State of Maryland (Department of Assessments and Taxation) as a foreign business, Seller intends to file applicable application(s) for exemption from withholding at the Maryland state level. Seller shall provide Escrow Agent with any applicable exemption certification(s) and/or withholding certification(s) promptly after Seller obtains same), and in all cases prior to Closing; 4.1.7 any transfer tax statements, declarations, filings and other similar documents that may be necessary, to the extent the same are required to be executed by Seller; 4.1.8 a settlement statement (Escrow Agent, as settlement agent, to prepare same) conforming to the proration and other relevant provisions of this Agreement as executed by Seller; 4.1.9 clearly labeled keys (to the extent in Seller's possession) to all locks on the Property; 4.1.10 an owner's affidavit of title, a "gap" indemnity and such other documents as reasonably required by the Escrow Agent for the Escrow Agent to issue to Purchaser its title insurance policy and endorsements, all in form and substance reasonably acceptable to the Escrow Agent; 4.1.11 such other information as the Escrow Agent may reasonably require to demonstrate Seller's due authorization and performance of this Agreement and the foregoing documents; and 4.1.12 a certificate updating the representations and warranties made pursuant to Section 7 in the form attached hereto as Exhibit D. 4.2 Purchaser's Clod 1E Deliverables. At the Closing, Purchaser shall deliver the following: (00310147 v. 7) 4.2.1 the entire Purchase Price (including the Deposit), as adjusted pursuant to the terms hereof; 4.2.2 a settlement statement conforming to the proration and other relevant provisions of this Agreement; and 4.2.3 a certificate updating the representations and warranties made pursuant to Section 8 in the form attached hereto as Exhibit E. 5. Closing Adjustments/Costs. 5.1 Expense Adjustments. The following items of expense shall be adjusted as of 11:59 p.m., of the day immediately preceding the Closing Date such that Seller shall be responsible for all days prior to the Closing Date and Purchaser shall be responsible for the Closing Date and all days thereafter: 5.1.1 Taxes. Real estate, personal property, ad valorem taxes, assessments payable in installments and front foot benefit charges payable in installments that are due and payable with respect to Seller and the Property, respectively, on the basis of the most current bills or other current information available. Assessments payable in a lump sum and not in monthly installments, if any, for improvements completed prior to the Closing Date, whether assessment therefor has been levied or not, shall be paid by Seller or allowance therefor made at the Closing. All agricultural transfer taxes and/or "roll -back" taxes shall be the obligation of Purchaser. if the Parties make any errors or omissions in the closing prorations or if they subsequently determine any dollar amount prorated to be incorrect, each agrees, upon notice from the other after the Closing, to make any adjustment necessary to correct the error, including payment of any amount to the other then determined to be owing. The terms of this Section 5.1.1 shall survive Closing for six (6) months. 5.1.2 Utilities. Fuel, water and sewer service charges, and charges for gas, electricity, telephone and all other public utilities as of the most recent meter reading to be further adjusted post -Closing pursuant to Section 5.2. If there are meters on the Property measuring the consumption of water, gas or electric current, Seller shall cause the utilities to be terminated in Seller's name and the parties shall cooperate, if necessary, in transferring utilities to Purchaser's name at the time of Closing. Purchaser shall be liable for and shall pay all utility bills for services rendered after Closing. 5.2 Final Reconciliation. The adjustments described in this Section 5 shall be paid on the Closing Date. If the amount of any of the adjustments described in this Section 5 cannot be determined on the Closing Date, the adjustment therefor shall be made within ninety (90) days after the Closing Date. In making the adjustments required by this subsection, Seller shall be given credit for all amounts prepaid for the Closing Date and any period thereafter, and Seller shall be charged with any unpaid charges for the period prior to the Closing Date. 5.3 Closing Costs. Purchaser shall pay all expenses of examination of title, title insurance commitment and title endorsements and the cost of a standard owner's title insurance policy insuring fee simple title to the Property in the name of Purchaser and subject only to the Permitted Exceptions. All state, county, city, local, and municipal transfer and recordation taxes, owing with respect to the sale of the Property, if any, shall be paid one-half ('/z) by Seller and one-half (%:) by Purchaser. Each of Purchaser and Seller shall pay theirAwn attorneys' fees and expenses incurred in connection with the negotiation of this Agreement and th osing of the transactions contemplated hereby. The provisions of this Section 5 shall survive Closing. 100310147 v. 7) 6. Due DDili Bence. 6.1 Feasibility Period/Right to Terminate. Simultaneously with the full execution of this Agreement (but, no later than five (5) business days thereafter), Seller shall deliver to Purchaser each of the documents and other information listed on Exhibit F attached hereto or otherwise indicate in writing to Purchaser that such information is not available ("Due Diligence Documents"). For the period beginning on the Effective Date and continuing through the Closing, Purchaser shall have the right (with all associated/incurred costs for Purchaser's investigations, inspections, and inquiries described in this Section 6 m be at Purchaser's sole cost and expense), to inspect, conduct testing and review of the Property, the physical and environmental condition thereof, including, but not limited to, inspection, evaluation and testing of the roofs, heating, ventilation and air-conditioning systems and all components thereof, all files and records of Seller (which are in Seller's possession) pertaining to the Property and the occupancy, maintenance, operation and repair thereof and to review such other information it may desire concerning the Property (collectively, the "Inspections"). Purchaser is expressly permitted to market the property prior to Closing (without binding Seller) and shall be entitled to post signage on the Property. In the event any other material legal action or proceeding is filed relating directly or indirectly to the sale of the Property, the Feasibility Period shall be tolled during the pendency of such action or proceeding. For each day or part thereof after the Effective Date that all Due Diligence Documents are not timely received by Purchaser, the Feasibility Period shall be extended on a day -for -day basis. The period of time from the Effective Date through 6:00 p.m. on the date that is one hundred twenty (120) days after the Effective Date is referred to as the "Feasibility Period". If Purchaser is not satisfied, in its sole and absolute discretion, with the results of the Inspections or otherwise elects not to proceed to Closing for any reason or no reason, Purchaser may terminate this Agreement by giving written notice thereof to Seller, which notice may be delivered by electronic mail, on or before 11:59 p.m. of the last day of the Feasibility Period. If Purchaser terminates this Agreement as aforesaid, the Escrow Agent shall promptly deliver the Deposit to Purchaser without the need for father instructions as aclmowledced by the initials of both Seller and Purchaser below. From and after Purchaser's timely termination of this Agreement as aforesaid, neither Seller nor Purchaser shall hav yfurther rights or liabilities hereunder (except for such rights and liabilities as expressly survive the t i ation of this Agreement). By initialing below, both parties are instructing the Escrow Agent to release e posit, without further instructions, if Purchaser sends an email notice to terminate this Agreement on br or to the end of the Feasibility Period. Purchaser Initials 6.2 Environmental. Purchaser and its agents shall have the right to conduct a "Phase I" environmental assessment of the Property. If the results of the Phase I assessment are inconclusive, in Purchaser's solejudgment, or reveal environmental matters unacceptable to Purchaser, in its sole judgment, then Purchaser, at its sole option, shall have the right (exercisable by giving Seller written notice on or before the expiration date ofthe Feasibility Period) to cause additional so-called "Phase II" inspections and tests to be perforned as determined by Purchaser in its sole but reasonable judgment. 6.3 Title. Purchaser shall have the right to inspect the status of title to the Property. Purchaser may obtain a title report or title commitment ("Commitment") and, at Purchaser's election, a survey and bankruptcy, tax, judgment and lien searches with respect to Seller and/or the Property. In the event the Commitment discloses, or Purchaser becomes aware of any encumbrance on the Property that can be discharged or satisfied by the payment of money ("Monetary Title Matters"), Seller shall discharge or satisfy such Monetary Title Matters on or prior to the Closing Date, If Seller fails to discharge or satisfy any such Monetary Title Matters as aforesaid, Purchaser, at its sole option, and in addition to any other rights and remedies it may have under this Agreement, at law and/or in equity, shall have the right to discharge and satisfy (or cause the Escrow Agent to discharge and satisfy) the same from the proceeds of 100310147 Y. 71 5 the Purchase Price to be paid to Seller at Closing. Title to the Property shall be subject only to the following matters: (i) the lien of real estate taxes not yet due and payable and (ii) such matters appearing on the Commitment to which Purchaser shall fail to object during the Feasibility Period (collectively, the "Permitted Exceptions"), Title to the Property shall be insurable, together with such title insurance endorsements as Purchaser may reasonably request, at regular rates (including applicable rates for such endorsements) from a title insurance company licensed in the State of Maryland and selected by Purchaser. In the event Purchaser's review of title to the Property reveals any matters that are unacceptable to Purchaser in its sole and absolute discretion (other than Monetary Title Matters Seller is required to remedy as aforesaid), Purchaser intends to notify Seller thereof (the "Title Objections") within approximately sixty (60) days after the Effective Date (the "Objection Notice"). Within ten (10) days after receipt of the Objection Notice, Seller shall notify Purchaser in writing, whether Seller shall undertake to cure any or all of the Title Objections. In the event Seller elects not to cure any of the Title Objections or is unable with the exercise of due diligence to satisfy all of the Title Objections before the Closing Date, Purchaser may, at its option, either (a) accept title subject to the Title Objections, without an adjustment of the Purchase Price, in which event each of the Title Objections shall be deemed waived for all purposes and considered a Permitted Exception, or (b) terminate this Agreement upon written notice to Seller, which notice may be delivered by electronic mail, with a copy to Escrow Agent. If Purchaser shall terminate this Agreement, then (i) this Agreement shall be deemed to have terminated as of the date of Purchaser's notice without need for any further action by either party, (ii) neither Purchaser nor Seller shall have any further obligations to one another hereunder, except for those which expressly survive termination of this Agreement, and (iii) Escrow Agent shall immediately return the Deposit to Purchaser without any requirement for further notice or instructions. 6.4 Conditions of Conducting Due Diligence. Purchaser's right to conduct due diligence on, at or otherwise with respect to the Property prior to the Closing Date shall be subject to Purchaser's continuing compliance with each and all of the following conditions: (i) Seller shall permit Purchaser, and its agents, representatives and contractors, to have reasonable access to the Property, subject to the rights of tenants and occupants of the Property, if any; (ii) all such due diligence shall be conducted so as not to cause any unreasonable or material disruption to tenants or other occupants at the Property, if any; (iii) Purchaser shall at all times comply, in all material respects, with all laws, ordinances, rules and regulations applicable to the Property; (iv) promptly after entry onto the Property, Purchaser, at its cost and expense, shall restore or repair (to substantially the same condition it existed pr•iorto the entry) any damage thereto to the extent caused by or otherwise arising from any act or omission by Purchaser, its agents, representatives, consultants or contractors; and (v) prior to conducting any invasive testing of the Property (e.g., soil borings) Purchaser shall furnish to Seller reasonably satisfactory evidence that Purchaser or its consultants, agents, representatives or contractors performing such work shall have procured comprehensive liability insurance protecting against claims for bodily injury and death with a single limit amount of not less than $1,000,000, naming Seller as an additional insured. Purchaser shall indemnify, defend, reimburse, and hold and save Seller harmless from and against any and all reasonable and actual logs, cost (including without limitation any liens therefore), damage costs (exchiding consequential and punitive damages), injury or expense arising out of or in any way related to claims by third parties for damage to property or bodily injury (or other applicable costs) to the extent resulting from the acts or omissions of Purchaser, its agents, employees and contractors, relating to any entry onto the Real Property. The indemnification provision contained in this Section shall survive for a period of one (1) year after the Closing or earlier termination of this Agreement, and the indemnification provisions contained in this Section do not apply to (i) any loss, liability, cost or expense to the extent resulting from the acts or omissions of Seller or Seller's agents or consultants, (ii) any diminution in value of the Property arisin from or relating to matters discovered (but not created or caused) by Purchaser during its inspections, the discovery of conditions existing prior to the time of such entry but discovered as a result of such e (iv) any latent defects in the Property discovered by Purchaser but not created or caused by Pu•cha r, r (00310147 v. 7) 6 (v) the release or spread of any Hazardous Substances (as defined in Section 7.10 below) which is discovered (but not deposited or introduced) on or under the Property by Purchaser. 7. Representations and Warranties of Seller. Seller hereby makes the following representations and warranties to Purchaser, all of which are made as of the Effective Date and shall be true and correct on and as of the Closing Date. 7.1 Entity; Enforceability: Authorization. Seller is a corporation organized under the laws of the Principality of Liechtenstein and is registered to transact business and in good standing in the State of Maryland. This Agreement and the documents, affidavits, certificates and other instruments to be executed and delivered by Seller pursuant hereto are, or will be when executed and delivered by Seller, the legal, valid and binding obligations of Seller and enforceable against Seller in accordance with its terms. Seller has obtained all consents necessary for, and possesses full authority and legal right to authorize Seller's entry into and performance of this Agreement, the Closing Documents and any other documents, affidavits, certificates and other instruments to be executed and delivered by Seller pursuant hereto and/or the transactions contemplated hereby or thereby. 7.2 Ownership of the Property. Seller is the fee simple record and beneficial owner of the Property, free and clear of any and all leases, liens, claims, charges, pledges, security interests, encumbrances, restrictions, judgments and claims of any kind or character whatsoever, except for the Permitted Exceptions. Except for Purchaser's rights hereunder, no person or entity has an option, right of first refusal or other similar right to acquire all or any portion of the Property. Seller has performed all obligations under and is not in default in complying with the terms and provisions of any of the covenants, conditions, restrictions, rights -of -way or easements constituting one or more of the Permitted Exceptions e• otherwise applicable to the Property. 7.3 No Conflicts. Neither the execution and delivery of this Agreement or the Closing Documents, nor the delivery of the other Closing Deliverables, nor the consummation of the transactions contemplated hereby and thereby will conflict with, or result in a breach of, the terms, conditions or provisions of or constitute a default under, any agreement or instrument to which Seller is a party or to which the Property is subject. 7A Third Party Consents. All consents required from any governmental authority or third party in connection with the execution and delivery of this Agreement or the Closing Documents by Seller or the consummation by Seller of the transactions contemplated hereby and thereby have been made or obtained or shall have been made or obtained by the Closing Date. T5 Leases. There are no leases or other occupancy agreements of any kind with respect to any portion of the Property. 7.6 Contacts. There are no maintenance, repair, janitorial, snow removal, cleaning, supplier, management, leasing or other contracts or agreements of any kind affecting or relating to the Property, except as detailed on Exhibit G attached hereto (the "Contracts"). Seller is not in breach or default under any of the Contracts. All Contracts may be terminated by Seller without fee or penalty upon notice of thirty (30) days or less, unless otherwise set forth on Exhibit G attached hereto. Unless Purchaser elects otherwise in writing prior to the Closing Date, Seller shall terminate all Contracts as of the Closing Date. 7.7 Leasing Commissions. There is no currently existing obligation, regardles whether such obligation is contingent on the passage of time or the occurrence of any event or both, to either currently or in the future, any leasing commissions, fees or other compensation in respect y told10147 v. 71 7 leases or any renewals and extensions of any leases. There does not currently exist any exclusive or continuing leasing or brokerage agreements regarding the leasing of any portion of the Property. 7.8 Other Agreements. Seller is not a party to, nor does Seller have knowledge of, any agreements relating to the Property other than the Contracts and the Permitted Exceptions. 7.9 Violation of Laws Etc. Seller has not received notice of, and, to Seller's knowledge, there are no existing violations of any federal, state, county or municipal laws, ordinances, orders, codes, regulations or requirements affecting all or any portion of the Property. 7.10 Hazardous Conditions. For the purpose of this Agreement, "Hazardous Substances," shall mean any chemical, substance, waste, or material (i) defined as or deemed hazardous, toxic, a pollutant, a contaminant, or otherwise regulated under any Environmental Law, including, but not limited to, petroleum and petroleum products or other fuels, waste oil, halogenated and non -halogenated solvents, PCBs and asbestos, (ii) found to be flammable, explosive, reactive, corrosive, toxic, carcinogenic, teratogenic, or radioactive, or (iii) found to have an adverse effect on the environment or the health or safety of persons. "Environmental Laws" means (i) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (ii) the Resource Conservation and Recovery Act, as amended, and (iii) any other provisions of Federal or Maryland law, and the regulations, rules, ordinances, guidelines and orders adopted pursuant thereto relating to the regulation of environmental matters or other substances deemed potentially hazardous to human health or wildlife. W During Seller's ownership of the Property there have been no, and there are no, pending or, to Seller's knowledge, threatened: (A) claims, complaints, notices, or requests for information received by Seller with respect to any alleged violation of any Environmental Law with respect to the Property, or (B) claims, complaints, notices, or requests for information to Seller regarding potential or alleged liability under any Environmental Law with respect to the Property. (ii) Seller has no knowledge of the generation, storage, or disposal of Hazardous Substances on the Property. Seller has never generated, stored, or disposed of any Hazardous Substances on the Property in violation of Environmental Laws. (iii) Seller has not received notice of any violation of any orders, directives, requirements, permits, certificates, approvals, licenses, and other authorizations relating to Environmental Laws with respect to the Property. (iv) There are no above ground or underground storage tanks (collectively, "USTs") at the Property. Seller has not removed or abandoned any USTs at the Property and Seller has no knowledge of the existence, abandonment or removal of USTs at the Property. 7.11 Litigation. No proceeding, suit or litigation relating to Seller, the Contracts, or the Property or any part thereof is pending or, to Seller's knowledge, threatened in any court or other tribunal or before any governmental authority. Seller is and shall remain responsible after the Closing Date for defending (or continuing) any suit or proceeding attributable to periods prior to the Closing Date, and all damages, losses, expenses and costs related thereto, and Seller shall continue after the Closing Date to pursue any insurance maintained by Seller prior to Closing with respect thereto, which obligations shall survive Closing. Seller is not the subject of, nor has Seller received any written notice of or threat that it has or will become the subject of, any actions or proceedings under the United States Bankruptctej�ker de, 11 U.S.C. §§ 101, et sec. ("Bankruptcy Code"), or under any other federal, state or local laws ong the rights of debtors and/or creditors generally, whether voluntary or involuntary and including,ut limitation, proceedings to set aside or avoid any transfer of any interest in property or obligations, (00310147 v. 7) 8 denominated as a fraudulent conveyance, preferential transfer or otherwise, or to recover the value thereof or to charge, encumber or impose a lien thereon. 7.12 Permits, etc. All permits, licenses, authorizations and certificates of occupancy (if airy) required by governmental authorities for the management, occupancy, leasing and operation of the Property are in full force and effect. In connection with any Improvements on the Property constructed during Seller's ownership, Seller obtained any necessary permits. 7.13 FIRPTA Compliance. Seller is a foreign (non -US) entity, and therefore Seller intends to pursue any available exemptions and/or withholding certification(s) (as further described above in Section 4.1.6) with respect to federal and Maryland state (and any local jurisdiction) income tax withholding requirements. To the extent that Seller is unable to timely obtain any such available exemptions and/or withholding certification(s) and tender copies of same to Escrow Agent on or before the Closing Date, the patties acknowledge and agree that Escrow Agent shall withhold and remit thereby applicable amounts (fi•om sales proceeds) to the subject taxing authorities. 7.14 Mechanic's Liens. Thee are no claims for labor performed, materials furnished or services rendered in connection with the development, construction, improvement, renovation or repair of the Property with respect to which liens may or could be filed against the Property, either pending or threatened. 7.15 Zonin . The Property is currently zoned "RM". Seller is not a patty to, nor does Seller have any actual knowledge of, any pending or threatened proceeding for the rezoning of the Property or any portion thereof, or the taking of any other action by governmental authorities that would have an adverse or material impact on the value of the Property or use thereof by Purchaser. 7,16 Condemnation. Seller has not received any written notice advising it of any pending or threatened condemnation or other governmental taking proceedings affecting all or any part of the Property. 7.17 Tax Mattes. No federal or other taxing authority (each, a "Taxing Authority" and collectively, the "Taxing Authorities") has asserted in writing any tax deficiency, lien, interest or penalty against Seller or the Property, or any portion thereof, that has not been paid, and there is no pending audit or inquiry from any Taxing Authority relating to Seller orthe Property, and to Seller's knowledge, no event has occurred and no condition or circumstance exists which presents a material risk that any tax deficiency, lien, interest, penalty or other assessment will be imposed against Seller or the Property or any portion thereof For purposes of this section, "tax" shall mean any United States or other federal, state, provincial, local or foreign income, gross receipts, property, sales, goods and services, use, license, excise, franchise, employment, payroll, withholding, alternative or add -on minimum, ad valorem, transfer, or any other tax, custorn, duty, governmental fee or other like assessment or charge of any kind whatsoever, together with any interest or penalty, imposed by any Taxing Authority. 7.18 Insurance Claims. There are no pending insurance claims with respect to any portion of the Property that Seller has received written notice of or that Seller has actual knowledge of, and to Seller's knowledge no insurance claims have been filed in the last twelve (12) months with respect to any portion of the Property. 7.19 Property Defects. To Seller's actual knowledge, there are no material defects in the structural, mechanical or other physical systems or components of the Property. Seller has not eived any written notice, report or other written communication advising or alleging of the existence of defect or deficiency in the conditions of the Improvements, the structural elements thereof, and the r h (00310147 v. 71 9 systems (including, without limitation, all heating, ventilation and air-conditioning systems and all components thereof, plumbing, electrical, elevator, security, utility and sprinkler systems) therein. 8. Representations and Warranties of Purchaser. Purchaser hereby represents and warrants to Seller that: (i) Purchaser is a Maryland limited liability company and is in good standing in the State of Maryland; (ii) this Agreement and the documents, affidavits, certificates and other instruments to be executed and delivered by Purchaser pursuant hereto are, or will be when executed and delivered by Purchaser, legally binding on, and enforceable against, Purchaser in accordance with their respective terms except as the same may be limited by applicable bankruptcy, insolvency, reorganization, receivership and other similar laws affecting the rights and remedies of creditors generally and by general principles of equity (whether applied by a court of law or equity); and (iii) neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which Purchaser is a party. PURCHASER HEREBY AGREES AND ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY CLOSING DELIVERABLES, THE ACQUISITION OF THE PROPERTY SHALL BE ON AN "AS IS, WHERE IS" BASIS. Purchaser further represents that it will not require any conditional or other financing in order to consummate the transaction contemplated hereunder and satisfy Purchaser's requirements to achieve Closing. 9. Seller Covenants. 9.1 Inspection. Seller shall make available to Purchaser and its agents during normal business hours prior to the Closing Date all information in Seller's or its management agent's possession or control concerning the Property, including, without limitation, all books and records and plans and specifications. 9.2 Operation and Maintenance. Seller agrees that from the date of this Agreement to the Closing Date, Seller will, at its sole cost and expense: (i) operate the Property in a commercially reasonable manner; (ii) maintain the Property in its current condition and otherwise continue its usual maintenance program for the Property, including, without limitation, malting all repairs and replacements in the ordinary course of business (including repairs and replacements to building systems), ordering and maintaining on hand (to the extent applicable) sufficient materials, supplies, equipment, inventory, fuel and other personal property for the efficient operation and management of the Property, through the Closing Date; (iii) comply with and perform all material provisions and obligations to be complied with and/or performed by Seller under each of the Contracts (if any); (iv) not mortgage or otherwise encumber all or any part of the Property, or to the extent any mortgages or deeds of trust encumber the Property, during the pendency of this Agreement, Seller shall keep such mortgages/deeds of trust and all real property and other assessments current and shall not permit any default and/or delinquency thereof; (v) Seller shall not transfer or otherwise pledge any portion ofthe Property to any person during the pendency ofthis Agreement, unless such transfer or pledge can be and is removed on or before the Closing Date; and (v) maintain in full force and effect its current all-risk (or current equivalent) casualty insurance policy for the Property. 9.3 Contracts. Seller shall not enter into any new contracts, nor shall it modify any Contracts which will remain in effect after Closing. 9.4 Leases. Seller shall not enter into any leases orAer's ccupancy agreements of any kind with respect to the Property or any portion thereof without Pu prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed {00310147 v. 7) 10 9.5 Leasing Commissions. Seller shall pay and discharge in full at or before Closing all leasing commissions (past, present or future, actual or contingent) with respect to the Property, including, without limitation, leasing commissions relating to extensions, renewals, expansions, failures to exercise termination options or otherwise. The obligations of Seller inthis Section shall survive Closing for a period of three (3) years. 9.6 Correspondence. Promptly upon receipt, Seller shall provide Purchaser with copies (to the extent in the possession of Seller, its resident agent, its attorneys, its management company or other agents of Seller) of any notices, sales reports and correspondence received from tenants, neighboring property owners and any insurance company which carries insurance on the Property, from any governmental authorities or from any other person or entity with respect to the Property or any portion thereof. 9.7 Title and Encumbrances. Seller hereby agrees that, after the Effective Date, it shall not take any action affecting title to the Property or encumbering the Property (except for actions effectuating the release of liens or encumbrances in accordance with the terms of this Agreement) unless consented to by Purchaser in writing, which consent may be withheld in Purchaser's sole and absolute discretion. In all events, Seller will cause to be removed, paid off, released and/or discharged at Closing any mortgage, judgment, deed of trust, lien or other evidence of a monetary charge against the Property and any lien or other encumbrance affecting title to the Property and arising subsequent to the date of the Commitment referred to in Section 6.3. M Real Estate Tax Assessments. Prior to the Closing Date, Seller shall not institute any proceeding or application for a reduction in the real estate tax assessment of the Real Property for any tax year without the prior written consent of Purchaser, which consent may be withheld in Purchaser's reasonably exercised discretion. 9.9 Payment of Taxes. Unless otherwise provided herein, Seller shall pay all federal, state, county, local and foreign income, excise, real and personal property, sales and other taxes which first become due and payable prior to or on the Closing Date. 9.10 Claims. Seller hereby agrees to cooperate with Purchaser in connection with the pursuit of any claims resulting from or based on an event that occurred prior to Closing that are covered under the liability insurance policies for the Property that were in effect prior to Closing to assist Purchaser in filing a claim under such insurance policies, including, but not limited to executing any assignment of such policy or proceeds to Purchaser. The obligations of Seller under this Section shall survive Closing for a period of three (3) years. 9.11 Marketing. At all times prior to Closing hereunder, Seller shall not offer for sale or negotiate in any manner for the sale or transfer of the Property with any third patty. In addition, Seller shall not disclose the terms of this Agreement, or any other information regarding the transaction contemplated hereby, to any third party, except that Seller may disclose such terms and information to the broker, lawyer and/or accountant assisting Seller with this transaction, provided that Seller instructs and requires such parties to observe and protect the confidentiality of such terms and other information. 9.12 Equipment/Property Wai rarities. No appliances or articles of personal property (if any) belonging to Seller and located on or used in connection with the operation of the Property shall be removed from the Property prior to Closing, unless replaced by items of like kind and quality, and 11 such appliances and articles of personal property shall be maintained and repaired by Seller prior to C ing, as may be required to keep such items in the same condition as they were on the date of this Agi eeijht. After the Effective Date (subject to final effectiveness upon the Closing), Seller shall (at Purchaser's que t and J00310147 v. 7) 1I expense) take any steps which are a prerequisite to the assignment and transfer to Purchaser at Closing of any current roof, HVAC, equipment, appliance, and other warranties or guaranties (if any) relating to the Property. Such obligation shall include, but not be limited to, the obtaining of any required consents, the arranging of any required inspections, and the payment of any required fees (said fees to be paid by Purchaser). 9.13. Notice of Violations of Representations and Warranties. Seller will not cause or suffer any action to be taken or fail to take any action which would cause any of the foregoing representations or warranties to be untrue as of the Closing Date. Seller shall promptly notify Purchaser, in writing, of any event or condition known to Seller which occurs prior to the Closing Date which causes a change in the facts relating to, or the truth of, any of the above representations or warranties or otherwise have a material effect upon the Property or its use. Seller hereby authorizes Purchaser to make such inquiries and/or investigations which Purchaser deems necessary and appropriate of any and all applicable governmental or quasi -governmental agencies in connection with Purchaser's intended purchase of the Property. 9.14 Cooperation with Entitlements/Zoning/Land Use. Seller shall use commercially reasonable efforts (without any additional cost or expense to Seller) to cooperate with Purchaser's efforts to obtain any reasonably requested information, including without limitation, agricultural assessment and transfer tax information, zoning letters, and other reports, records, letters, permits or approvals from authorities having applicable jurisdiction over the Property and to cooperate with Purchaser's exploration of redevelopment opportunities relating to the Property, provided that Seller makes no warranties or representations as to the ultimate ability of Purchaser to obtain same to its satisfaction. To the extent that applications and submissions require the Owner's approval or consent, Seller agrees to cooperate (without any additional cost or expense to Seller) with such requests, such cooperation not to unreasonably withheld, conditioned or delayed. 10, Conditions Precedent to Purchaser's Obligation to Purchase. The obligation of Purchaser to acquire the Property and to perform the other covenants and obligations to be performed by it on the Closing Date shall be subject to the following conditions precedent (which conditions precedent shall inure solely to the benefit of Purchaser, and no other person or entity, including, without limitation, Seller, shall have any right to waive or defer any of such conditions, in whole or in part). In the event of a failure of a condition precedent, Purchaser may pursue its rights and remedies in accordance with the terms of Section 12_1.1 below. Notwithstanding anything else herein, however, in no case shall Purchaser's ability to obtain mortgage or other financing be a precondition to Closing or Purchaser's obligation to purchase/acquire the Property, it being the intent of the parties that Purchase will make a "cash" purchase of the Property. Without limitation on the generality of the foregoing, in the event the following described conditions precedent are not satisfied before the Closing Date, Purchaser may terminate this Agreement by giving written notice thereof to Seller and Escrow Agent, and Escrow Agent shall promptly return the Deposit to Purchaser without the need for further instructions, and neither Seller nor Purchaser shall have any further rights or liabilities hereunder (except for such rights and liabilities as expressly survive the termination of this Agreement): G) Seller shall have performed in all material respects its covenants and obligations required by this Agreement to be performed or complied with by it on or before the Closing Date. Although certain of Seller's covenants and obligations are limited to the exercise by Seller of its good faith, commercially reasonable efforts, this condition to closing is not so limited and, as a result, Pt rich has no obligation to proceed to Closing if one or more of Seller's covenants or obligations not been performed notwithstanding that Seller exercised its good faith, commercially reasonable effo o do so or that Seller may not be in default under this Agreement as the result of such nonperformance. (00310147 v. 7) 12 (ii) All of Seller's representations and warranties in this Agreement shall be true and correct (to the best of Seller's knowledge) in all respects as of the Closing Date with the same force and effect as though such representations and warranties had been made on and as of such date. Seller shall have executed and delivered to Purchaser a certificate, dated as of the Closing Date, to the foregoing effect. (iii) Delivery of possession of the Property to Purchaser at Closing, which shall be in substantially the same condition it is in on the date of this Agreement, subject to reasonable wear and tear, casualty and/or condemnation and the provisions of this Agreement relating thereto. (iv) Title to the Property on the Closing Date shall be in accordance with Section 6.3 above. 11, Condemnation and Casualri. If, prior to the Closing Date, Seller receives written notice of any pending or threatened condemnation proceedings or actions or if there occurs any damage, destruction or casualty with respect to all or any portion of the Property, Seller shall promptly notify Purchaser thereof in writing. In the event there occurs: (i) any actual or pending condemnation of any portion of the Property; or (ii) any casualty exceeding a cost of One Hundred Thousand Dollars ($100,000.00) to restore, Purchaser shall have the right to terminate this Agreement by giving notice to Seller within ten (10) days after receipt of Seller's notice advising Purchaser of the occurrence of any casualty or pending condemnation. If: (i) Purchaser fails to notify Seller of Purchaser's election to terminate this Agreement within such 10-day period; or (ii) Purchaser elects to proceed to Closing and not terminate this Agreement, then Purchaser shall proceed to Closing, without adjustment of the Purchase Price, subject to such condemnation or casualty, in which event at Closing, Seller shall, as applicable: (A) assign to Purchaser any condemnation award or rights thereto paid or payable or otherwise accruing to Seller on account of such condemnation; or (B) assign to Purchaser all of Seller's right, title and interest in and to the proceeds of any casualty insurance payable to Seller on account of such casualty (respecting the Property) and pay to Purchaser an amount equal to any deductible or coinsurance applicable to the casualty insurance under such insurance policies. If Purchaser timely elects to terminate this Agreement as aforesaid, Escrow Agent shall return the Deposit to Purchaser, and neither Purchaser nor Seller shall have any further rights or liability under this Agreement except for such rights and liabilities as expressly survive termination hereof. 12. Breach/Termination. 12.1 Breach by Seller. 12.1.1 On or Before the Closing Date. If Seller shall fail to perform its covenants or agreements required to be performed at or before the Closing Date and such failure shall continue for five (5) business days after written notice from Purchaser (or if any of Seller's representations and warranties set forth in this Agreement are not true and correct in all material respects on the date hereof or on the Closing Date) (each such Seller default being a "Seller Default"), then Purchaser shall have the right, at its sole option, to: (i) terminate this Agreement (by its notice to Seller), and receive a refund of the Deposit plus, in the event such failure is due to events within the control of Seller to cure, an amount equal to all of Purchaser's actual and documented (Purchaser to provide applicable invoices) third patty costs and expenses incurred in connection with this Agreement, the Inspections, and its evaluation of the Property, including reasonable attorneys' fees, title fees, environmental consulting fees. insurance certificates, and other costs and expenses up to a maxirnunn of��� (the "Due Diligence Costs") and upon Purchaser's receipt of the Deposit - rom. Escrow itgem a„u payment of the Due Dili ce Costs from Seller, neither party shall have any further rights or obligations to the other under this Agr ent except such rights and obligations as expressly survive termination of this Agreement; or (ii) pun t ny legal or equitable remedies to which Purchaser may be entitled on account of such Seller Default, it g, (00310147 Y. 71 13 without limitation, specific performance and recovery of actual third party costs and expenses (subject to above monetary recovery limitation as stated in this paragraph) incurred by Purchaser with respect to the Seller Default. 12.1.2 After the Closing Date. hr the event of a breach or failure of Seller's representations, warranties or covenants as required herein discovered or occurring following the Closing Date, Purchaser may pursue any legal or equitable remedies to which Purchaser may be entitled on account of such Seller Default, including, without limitation, specific performance and recovery of Purchaser's actual costs, expenses (subject to monetary recovery limitation as stated in the immediately preceding paragraph) and any damages incurred in connection with this Agreement and/or such default by Seller. 12.2 Breach by Purchaser. If Purchaser shall fail to perform any of the covenants or agreements to be performed by it hereunder and such failure shall continue for five (5) business days after written notice from Seller (except there shall be no notice requirement for a Purchaser failure to terminate this Agreement prior to the expiration of the Feasibility Period), or if any of Purchaser's representations and warranties set forth herein shall not be true and correct in all material respects as of the date made or deemed made, Seller's sole and exclusive remedy shall be to terminate this Agreement and receive the Deposit then held by Escrow Agent as liquidated damages for Purchaser's default (Escrow Agent to pay the Deposit then held by Escrow Agent to Seller upon Seller's request), all other claims for losses, damages, costs and expenses being waived hereby. Notwithstanding anything to the contrary, if this Agreement is terminated prior to the expiration of the Feasibility Period, for any reason whatsoever, the Deposit shall be immediately refunded to Purchaser. Purchaser and Seller hereby acknowledge and agree that the actual damages suffered by Seller as a result of such breach by Purchaser would be impracticable, extremely difficult or impossible to determine and the parties agree that the Deposit described above shall be the amount of damages to which Seller is entitled in such event and that the amount of such liquidated damages is reasonable and does not constitute a penalty. 12.3 Litigation Costs. In the event of any litigation between the patties with respect to this Agreement, including any action for specific performance that may be brought by Purchaser as provided above, the prevailing party shall be entitled to recover reasonable attorneys' fees and expenses. Neither patty shall be entitled to any indirect, punitive or consequential damages. 13. Brokers. Each party hereto represents and warrants to the other that it has dealt with no brokers or finders in connection with this transaction, except for Sitar Realty Company (representing Purchaser) and The Genau Group (representing Seller) (collectively, the "Brokers"). Seller shall pay the commission due to the Brokers pursuant to a separate agreement between Seller and the Brokers, and release/payment of such commissions (from proceeds from the sale hereunder) shall be coordinated by Seller with Escrow Agent. Each of the parties hereto hereby represents and warrants that neither has authorized any real estate broker, agent or finder to act on its behalf in connection with the transaction contemplated by this Agreement other than the Brokers, nor does it have any knowledge of any other broker, agent or finder purporting to act on its behalf in respect to this Agreement and the sale of the Property to be made pursuant hereto, and that the other party hereto shall have no liability to any broker for compensation, commission or otherwise except for Seller's obligations to the Brokers. Each patty agrees that it shall respectively (as the subject indemnifying party) indemnify, defend and save the other harmless fiorn and against any cost, expense, claim, loss, liability or damages, including reasonable attorneys' fees, and court costs, resulting from the indemnifying party's breach of the foregoing representation and warranty. The provisions of this Section shall survive Closing or termination of this Agreement. 14. Entire Aueement/Modification. This Agreement, including the exhibits attached he,,41 and the Closing Documents contain the entire agreement between the parties relating to the conveyan the Property, all prior negotiations between the parties are merged into this Agreement and there Pi (0031e147 v.7) 14 promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between them other than as set forth in this Agreement, including the exhibits attached hereto, and the Closing Documents. No change or modification of this Agreement or any of the Closing Documents shall be valid unless the same is in writing and signed by each of the patties hereto or thereto. No waiver of any of the provisions of this Agreement or any of the Closing Documents executed or to be executed in connection herewith shall be valid unless in writing and signed by the patty against whom it is sought to be enforced. Notwithstanding the foregoing, in the event that Purchaser and Seller agree to and execute any written amendment or other document modifying this Agreement, which does not directly modify the obligations of the Escrow Agent hereunder, the Escrow Agent shall not be required to execute such amendment or other agreement in order for the document to be fully effective and enforceable. 15 Miscellaneous. 15.1 Binding Effect. This Agreement shall be binding upon, and inure to the benefit of and be enforceable by, the respective successors and assigns of the parties hereto. 15.2 Governing Law: Venue. The provisions of this Agreement shall be governed by the laws of the State of Maryland, without regard to the conflicts of laws provisions thereof Any suit involving any dispute or matter arising under this Agreement may only be brought pursuant to the jurisdiction of the Circuit Court for Washington County, Maryland; provided, that if any such action or proceeding arises under the Constitution, laws or treaties of the United States of America, or if there is a diversity of citizenship between the panties thereto, so that it is to be brought in a United States District Court, it may be brought in the United States District Court for the District of Maryland (at said court's Baltimore, Maryland location). All of the parties hereto hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 15.3 Notices. Any notice, demand, consent, election, offer, approval, request, or other communication (collectively a "notice") required or permitted under this Agreement must be in writing and delivered (i) personally, or (ii) sent by certified mail, postage prepaid, return receipt requested, or (iii) by a nationally recognized overnight courier, or (iv) via email. A notice must be addressed to a party as indicated below. Any notice hereunder shall be deemed duly delivered (x) when delivered, with written receipt, if personally delivered or delivered by nationally recognized overnight courier, (y) or upon actual delivery or refusal of delivery, if trailed by certified mail, return receipt requested, postage prepaid, or (z) when delivered via email to the email address indicated herein with electronic delivery receipt. Any party may designate, by notice to all of the others, substitute addresses or addressees for notices; and, thereafter, notices are to be directed to those substitute addresses or addressees. Seller's notice address: I. & K. Delikostopoulos, Attorneys at Law, 4 Iraklitou Street, Athens 10673, Greece, Email: idelikostopoulos@gmail.com; With a copy to: Email: cdelicos@gmail.com; Purchaser's notice address: 19817 Beaver Creek LLC, c/o Diversified Capital, 1125 Ocean Avenue, Lakewood, NJ 08701, Attention: Moshe Rubin, Email: MRubin@diversified-capital.com; With a copy to: Abramoff Neuberger LLP, Attn: Meir Neuberger, Esquire, 2850 Quarry Lake Drive, Suite 300, Baltimore, MD 21209, Email: mneuberger@abrmeu.com; Escrow Agent's notice address: Madison Title Agency, LLC, 1125 Ocean Avenue, Lakewood, NJ 08701, Email: CCelnik@madisoncres.com. 15.4 Incorporation. Each and all of the exhibits and schedules attached hereto are hereby incorporated into this Agreement by reference. 15.5 Further Assurances. Seller agrees that it will, at any time and from time to time after the Closing Date, do, execute, acknowledge and deliver, or will cause to be done, execu , acknowledged and delivered, all such furtheracts, deeds, assignments, transfers, conveyances, power o attorney and assurances as may be reasonably required for the better assigning, transferring, gran i (00310147 v. 7) 15 assuring and confirming to Purchaser, or to its successors and assigns of, or for aiding and assisting in collecting and reducing to possession, any or all of the assets or property being transferred to Purchaser pursuant to this Agreement; provided, however, that any instruments to be executed by Seller shall be in form and substance reasonably acceptable to Seller and in no event shall Seller be required to incur any liability or obligation in addition to that which it is obligated to incur under this Agreement. The provisions ofthis Section shall survive the Closing of the transactions contemplated by this Agreement for a period of three (3) years. 15.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument; provided, however, in no event shall this Agreement be effective unless and until signed by all patties hereto. A fax copy or an entail of a PDF file containing a copy of an executed agreement (or signature page thereto) shall be sufficient for all purposes. 15.7 Risk of Loss. Risk of loss or damage from fire or other casualty is assumed by Seller until delivery of the deed conveying the Property to Purchaser at Closing. 15.8 Rules of Construction. Section captions used in this Agreement are for convenience only and shall not affect the construction of the Agreement. All references to "Sections", without reference to a document other than this Agreement are intended to designate articles and sections of this Agreement, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Section, unless specifically designated otherwise. The use of the term "including" shall mean in all cases "including but not limited to," unless specifically designated otherwise. No rules of construction against the drafter of this Agreement shall apply in any interpretation or enforcement of this Agreement, any documents or certificates executed pursuant hereto, or any provisions of any of the foregoing. 15.9 ComnutationofTime. In computing any period of time pursuant to this Agreement, the day of the act or event fi•om which the designated period of time begins to run will not be included, The last day of the period so computed will be included, unless it is not a Business Day, in which event the period runs until the end of the next day which is a Business Day. For purposes of this Agreement, "Business Day" shall mean any day other than a Saturday, Sunday or any federal or State of Maryland holiday. If Purchaser's rights or obligations hereunder are delayed or impeded as a result of medical or public health effects of the so-called Covid-19 disease (also known as novel coronavirus), including but not limited to, public/governmental orders or restrictions, curfew or slielter-in-place order or advisory, quarantine, bank regulation, and/or similar or related resections or imposition, then, upon notice from Purchaser to Seller, Purchaser shall be afforded a reasonable extension of applicable deadlines and periods, as provided in said notice. Purchaser in good faith shall use commercially reasonable efforts to mitigate the effect of such delay or impedance and no extension will be permitted in excess of a total of ninety (90) days without Seller's consent. 15,10 Tnue of the Essence. Time shall be of the essence under this Agreement. 15.11 No Third -Party Beneficiaries/Assignment. None of the rights or obligations provided hereunder shall inure to the benefit of any third party unless such third party is a permitted assignee. Purchaser shall have the right to assign this Agreement, including, without limitation, all of its rights and obligations hereunder, 15,12 Waiver of Trial by Jury/Survival. THE PARTIES HERETO HEREBY AG EE TO WAIVE ANY RIGHTS THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY UNDER Y PROVISION OF ANY APPLICABLE LAW. EXCEPT AS OTHERWISE EXPRESSLY SET FOR (00310147 v. 7) 16 THIS AGREEMENT, THE REPRESENTATIONS, WARRANTIES, INDEMNITIES, COVENANTS AND AGREEMENTS OF THE PARTIES SET FORTH IN THIS AGREEMENT, SHALL REMAIN OPERATIVE AND SHALL SURVIVE THE CLOSING UNDER THIS AGREEMENT FOR A PERIOD OF TWO (2) YEARS. 15.13 Tax -Deferred Exchange. Purchaser or Seller may consummate the purchase of the Properly as part of a like kind exchange pursuant to Section 1031 of the Internal Revenue Code (the " Exchange"), provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition precedent or condition subsequent to such patty's obligations under this Agreement; (ii) the Exchange shall be effected through an assignment of this Agreement, or rights under this Agreement, to a qualified intermediary; and (iii) the requesting parties) shall each pay their own costs and expenses for facilitating the Exchange. The non - requesting party shall not by this agreement or acquiescence to the Exchange have its rights under this Agreement affected or diminished in any manner or be responsible for compliance with or be deemed to have warranted to the requesting party that the Exchange in fact complies with Section 1031 of the Code. 15.14 Seller Indemnity. Seller shall and hereby agrees to indemnify Purchaser and its affiliates, and their respective officers, directors, members, employees, shareholders, and agents against, and hold the same harmless from, all liabilities, indebtedness, obligations, losses, damages, claims, assessments, fines, penalties, costs, fees and expenses of every kind, nature or description, whether fixed or contingent, known or unknown, suspected or unsuspected, or foreseen or unforeseen, and whether based on contract, tort, statute or other legal or equitable theory of recovery, including any interest that may be imposed in connection therewith, court costs, costs resulting from any judgments, orders, awards, decrees or equitable relief, and reasonable fees and disbursements of counsel, consultants and expert witnesses (collectively, "Liabilities") resulting from or relating to (i) any breach of any representation or warranty of Seller contained in this Agreement, (ii) any material breach of, or any failure to materially perform, any covenant or agreement of Seller contained in this Agreement and (iii) Seller's ownership and operation of the Property prior to Closing. 15.15 Purchaser Indemnity. Purchaser shall and hereby agrees to indemnify Seller and its affiliates, and their respective officers, directors, members, employees, shareholders, and agents against, and hold the same harmless from, all Liabilities resulting from or relating to (i) any breach of any representation or warranty of Purchaser contained in this Agreement, (ii) any material breach of, or any failure to materially perform, any covenant or agreement of Purchaser contained in this Agreement, and (iii) responsibilities/obligations of Purchaser first arising from and after Purchaser's ownership and operation of the Property as of and following the Closing. [SIGNATURES APPEAR ON NEXT PAGE] (00310147 v. 7) 17 IN WITNESS WHEREOF, the patties have duly executed this Agreement as of the day and year first above written. SELLER: Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein US Federal Taxpayer ID # 52-1207661 By: ADMI,,i fST MA GE NT reg. (Author' Agent f Agr' iar Corporation) WITNESSES: Name: Name: EdeltraTOTT (Authorized Officer) By: (SEAL) Name: L i, I Nicole Haas (Authorized Officer) WITNESS: PURCHASER: Name: 19817 Beaver Creek LLC, a Maryland limited liability company By: Name: JOINDER Madison Title Agency, LLC joins herein to evidence its agreement to fulfill any and all obligations of Escrow Agent set forth in this Agreement. Name: MADISON TITLE AGENCY, LLC Name: Title: (00310147 v. 7) 18 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. WITNESSES: Nat -no: Name: Name: WITNESS: Nona: /M OS I} SELLER: Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein US Federal Taxpayer ID # 52-1207661 By: ADMINTRUST MANAGEMENT reg, (Authorized Agent for Agrimar Corporation) By: (SEAL) Klaus Buehler (Authorized Officer BY: (SEAL) Edeltrud OTT (Authorized Officer) By: (SEAL) Nicole Hass (Authorized Officer) PURCHASER: 19817 Beaver Creek LLC, a Maryland limited liability company e Q �.... By: [ 1` 3 (SEAL) Name: Stitt PN m>-Serj jA - Title: MfVNG^JG tAth4rLAC Madison Title Agency, LLC joins herein to evidence its agreementto fulfill any and all obligations of Escrow Agent set forth in this Agreement. Name: F.Stht �r:r�.yw„rzz MADISON TITTLE AGENCY, LLC r By: Name: Title: Crk[Urb-4 &' t00310147 v. 7) 18 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All the fallDwing described real estate, situata. lying arl being in Election District No, if,, Washington County, Maryland, gild lyfn.g can the!jorlythwest side of ene jurnpli a Noad beLween.- funksdown areJ Deaver Creek emO adJoining other lauds formerly of Elias Young, deceased, the land formerly belonging to N4chael Wlty and lands 1 or formerly of ilannev Hunter, George HdanS,, 3arob R. Adams. and HenrV Eaxle and being part of a tract of land called "Earhart`s Industry" and part 0 a tract called 'Kelley`s Delight',, part of a tract called "'Ducket't's Pisfortbne" and part of a tract, called 'Geoghegan' 5 Friendsfiipf: BECUMNiNG for the sane at a stone standing at the end of 10 perches in the first lute if a tract called "Duckett's Misfartuna'" said stone being also the and of tiie 15th or South 55 degrees East 32 8110 perches ling of a deed from Beolrge Stouffer and anthers to Samuel McCauley for part of the abq a lends, and runufat thence with the 16th and 17th lines of sake deed North 78 114 degrees Ease 54 perches to a stone, Srouth 73 112 degrees East lip VID perches to a stone, thence North 27 314 degrees East 57 4 10 perkas to the a1'4 of the second line of the deed from George Stauffer and others to Samuel ticGauley aforesaid, bearing date of the 20th day of March, A.O., 1844, end running thance with: the lints thVeOf the five foltominr7 courses and distances; tb_•rth 57 114 degrees best 85 118 perches South 32 degrees 4**t 2 112 perches, Vorth 56 3/4 deprees Vest 27 6AG perches to a stone North 21 derlrees East 60 perches, ¢firth 52 degrees Nest 6 parches into the turnpike, road, then leaving the aratlines of said deed North 61 114 degrees Best. 82 2110 perches to the end of the ninth line of said doe{):. thence with the lines thereof South 21 112 degrees Nest 50 perches to a stone South 20 V2 degrees Nest 38 314 perrs4es South 21 degrees. }lest 34 perches to a stogie, South V 114 degrees East 99 1J2 perettms ultra the Spring Branch, South 11 1/2 degrees Nest. 23 pirrhes South 55 degrees East .32 3/4 perches to the beginning; tidmUtNING 133-acres of land, more or less. And: {00310147 v. 71 A-1 ESTABLISHMENT, a Corporation of the Principality of Liechtenstein, all that lot or parcel of ground situate along the Southwest side of the Funkstown-Beaver Creek Road and along the West side of the Dual Highway, U.S. Route No. 40, in Election District No. 10, Washington County, Maryland and being more particularly described as follows: Beginning at the intersection of the Southwest marginal line of said Funkstown-Beaver Creek Road with the West margin of the Dual Highway, and running thence along said Southwest marginal line North 60 degrees 18 minutes West 313.72 feet to a post, thence leaving the Road and running back therefrom along the existing fence line South 22 degrees 16 minutes West 144.89 feet to a stake, thence to and along a second fence line South 29 degrees 01 minutes East 292.63 feet to a stake, thence North 65 degrees 57 minutes East 266.16 feet to a stake in the West marginal line of the Dual Highway, thence binding on said right of way by a curve to the right having a radius of 2999.79 feet for a distance of 57.50 feet, the chord being North 24 degrees 51 minutes 57 seconds West 57.50 feet to a point, and North 24 degrees 19 minutes West 81.1 feet to the place of beginning; containing 1.86 acres of land, more or less. Being all the same property conveyed to Kenneth R. Hammond and L. Pearl Hammond, his wife, by Betty J. Pashen Monninger by deed dated Febrllary 1, 1978 and recorded in Liber 653, folio 607 among the Land Records of Washington , County, Maryland. {00310147 v.7) A-2 EXHIBIT B BILL OF SALE THIS BILL OF SALE (this `Bill of Sale") is made as of the _ day of 2021, by Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein and registered as a foreign corporation with the Maryland State Department of Assessments and Taxation ("Seller"), for the benefit of 19817 Beaver Creek LLC, a Maryland limited liability company ("Purchaser"). Reference is made to that certain Purchase and Sale Agreement dated , 2021, between Seller and Purchaser, as the same may have been amended, pursuant to which Seller has agreed to sell to Purchaser, and Purchaser has agreed to purchase from Seller, the improved real property and other assets described therein (the "Agreement'). Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. KNOW ALL MEN BY THESE PRESENTS, that, for the consideration described in the Agreement, the receipt and sufficiency of which are hereby acknowledged by Seller, Seller hereby sells, transfers, assigns and delivers unto Purchaser, and its successors and assigns, all of the right, title and interest of Seller in and to all of the Personal Property. TO HAVE AND TO HOLD all of such Personal Property, together and singular, unto Purchaser, and its successors and assigns, to and for its and their use forever. AND Seller hereby represents and warrants to Purchaser, and its successors and assigns, that it has good and marketable title to the Personal Property and to each item comprising the Personal Property, free and clear of all security interests, mortgages, pledges, liens, restrictions, encumbrances, leases, charges and title defects whatsoever, and that Seller has full right and power to sell, transfer, assign and deliver the Personal Property and each item comprising the Personal Property. The representations, warranties, covenants and agreements made in the Agreement by Seller are true and correct as of the date of this Bill of Sale and shall survive the execution and delivery of this Bill of Sale for the period of time set forth in the Agreement. THIS BILL OF SALE IS IN ALL RESPECTS SUBJECT TO THE PROVISIONS OF THE AGREEMENT AND IS NOT INTENDED IN ANY WAY TO SUPERSEDE, LIMIT OR QUALIFY ANY PROVISION OF THE AGREEMENT. This Bill of Sale and the representations, warranties, covenants and agreements herein contained shall inure to the benefit of Purchaser and its successors and assigns and shall bind Seller and its successors and assigns. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first written above. Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein to Name: Title: (00310147 v. 7) B-1 EXHIBIT C ASSIGNMENT OF PERMITS AND WARRANTIES THIS ASSIGNMENT OF PERMITS AND WARRANTIES (this "Assignment") is made as of the day of 2021, by Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein and registered as a foreign corporation with the Maryland State Department of Assessments and Taxation ("Assignor"), for the benefit of 19817 Beaver Creek LLC, a Maryland limited liability company ("Assignee"). 1. Reference is made to that certain Purchase and Sale Agreement dated 2021, between Assignor and Assignee, as the same may have been amended, pursuant to which Assignor has agreed to sell to Assignee, and Assignee has agreed to purchase from Assignor, the improved real property and other assets described therein (the "Agreement"). Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. 2. Assignment. For good and valuable consideration received by Assignor, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, transfers and assigns to Assignee all right, title and interest of Assignor (if any) in and to the Permits and Warranties (if any). THIS ASSIGNMENT IS IN ALL RESPECTS SUBJECT TO THE PROVISIONS OF THE AGREEMENT AND IS NOT INTENDED IN ANY WAY TO SUPERSEDE, LIMIT OR QUALIFY ANY PROVISION OF THE AGREEMENT. 3. Binding Effect. This Assignment and the representations, warranties, covenants and agreements herein contained shall inure to the benefit of Assignee and its successors and assigns and shall bind Assignor and its successors and assigns. IN WITNESS WHEREOF, Assignor has executed this Assignment effective as of the date first written above. Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein M Name: Title: (00310147 v. 71 C-1 EXHIBIT D SELLER UPDATE TO REPRESENTATIONS AND WARRANTIES The undersigned, Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein and registered as a foreign corporation with the Maryland State Department of Assessments and Taxation ("Seller"), certifies to 19817 Beaver Creek LLC, a Maryland limited liability company ("Purchaser"), that there has been no material change in the substance, truth, accuracy or completeness of any warranty or representation made by Seller under that certain Purchase and Sale Agreement, dated , 2021, by and between Seller and Purchaser, as the same may have been amended (the "Agreement"), nor, to Seller's knowledge, has there been any material change in the substance, truth, accuracy or completeness of any information, document or material attached as an exhibit to the Agreement or otherwise delivered to Purchaser. Dated: 2021 Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein By: (SEAL) Name: Title: (00310147 v. 7) D-1 EXHIBIT E PURCHASER UPDATE TO REPRESENTATIONS AND WARRANTIES The undersigned, I a ('Purchaser'), certifies to Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein ("Seller") that there has been no material change in the substance, truth, accuracy or completeness of any warranty or representation made by Purchaser under that certain Purchase and Sale Agreement, dated , 2021, by and between Seller and Purchaser, as the same may have been amended (the "Agreement"), nor, to Purchaser's knowledge, has there been any material change in the substance, truth, accuracy or completeness of any information, document or material attached as an exhibit to the Agreement or otherwise delivered to Seller. Dated: , 2021 19817 BEAVER CREEK LLC, a Maryland limited liability company M. Name: Title: (00310147 v. 71 E-1 EXHIBIT F DUE DILIGENCE DOCUMENTS 1. Surveys of the Property, recorded plats affecting the Property, and other drawings of the Property in the possession or control of Seller 2. A copy of all construction drawings, site plans, plans and specifications (if any) in the possession or control of Seller relating to the improvements on the Property 3. Copies of all inspection reports, all third -party engineering and environmental reports and assessments (both draft and final), action and/or work plans, contracts for remediation, Phase I and Phase II Environmental Assessments, test results, advisories and other similar documents (if any) relating to the existence or nonexistence of Hazardous Materials and/or underground storage tanks, soil and geological tests and reports, wetlands studies and/or analysis, wetlands delineations, wetlands permits, noise studies, advisories and other similar documents in the possession or control of Seller 4. Reports from any governmental authority having jurisdiction over all or any part of the Property and any and all approvals or permits relating to the Property issued by governmental or quasi - governmental agencies or authorities in the possession of Seller 5. All drainage and grading information, materials and plans and all soil and flood control conditions, information and materials (if any) in the possession or control of Seller 6. All termite, radon and mold tests or studies (if any) to the extent within Seller's or servicing agent's possession 7. All zoning documents and applications (if any) in the possession of Seller 8. Certificates of occupancy for the Property and other documentation with respect to compliance of the Property with government requirements (if any) to the extent within the possession of Seller Copies of the most recent title policy or commitment for the Property in the possession or control of Seller 10. Copies of prior real estate tax bills, including special assessments or incentives, copies of all tax protests, related correspondence and protest results, for the Property for the past three (3) years 11. Copies of the prior twelve (12) months' utility bills for the Property 12. Financial books and records for the Property (if any), including, without limitation, detailed operating statements for the past two (2) year ends, current year-to-date and a 12-month rolling history, schedule of replacement costs and capital expenditures (if not already included in detailed operating statements) for the past two (2) year ends, current year-to-date and a 12-month rolling history and general ledgers for the past two (2) year ends and current year-to-date 13. List of outstanding payables (if any) with respect to the Property, with aging 14. A true, correct and complete copy of each Contract (if any) (00310147 v. 7) F-I 15. A list of all permits, warranties and unexpired guaranties (if any) with respect to the Property 16. Insurance policies from the last three (3) years covering the Property 17. A summary of all insurance claims submitted by Seller in the past 3 years and any pending claims relating to the Property or evidence of self-insurance 18. A schedule of pending litigation (if any) affecting the Property 19. Corporate documents for Seller, including articles of incorporation and bylaws and all corporate action taken with respect to Seller's sale of the Property (00310147 v. 71 F-2 EXHIBIT G CONTRACTS None {00310147 v. 71 G-1 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT TIUS FIRST AMENDMENT TO URCHASE AND SALE AGREEMENT (this "Amendment") is made effective as of the _day of October, 2021, by Agrimar Corporation (1ka Agrituar Co Establishment), a corporation organized under the laws of the Principality of Liechtenstein ("Seller"), and 19817 Beaver Creek LLC, a Maryland limited liability company ("Purchaser"). RECITALS A. Seller and Purchaser entered into that certain Purchase and Sale Agreement dated as of May 26, 2021 (the "Purchase Agreement"), pursuant to which Seller agreed to sell, and Purchaser agreed to acquire, the Property. R. The parties now desire to amend the Purchase Agreement as set forth herein. NOW, Tt-MREFORE, in consideration of the foregoing Recitals and the covenants herein contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Seller hereby agree to amend the Purchase Agreement as follows: Recitals. The foregoing Recitals are hereby made a substantive part of this Amendment. 2. Feasibility Period. Section 6.1 of the Purchase Agreement is hereby modified by deleting the sixth (61h) sentence thereof and replacing it with the following sentence: "The period of time from the Effective Date through 6:00 p.m. on November 1, 2021 is referred to as the `Feasibility Period "' 3. Extension Fee Deposit. So long as Purchaser gives Seller notice (the "Extension Notice"), prior to the expiration of the Feasibility Period, of its intent to amend the Closing Date, Purchaser shall have the option to extend the Closing Date to August [4], 2022 if it provides Seller directly with apayment of 1e' l;xtensiou Fee Deposit") prior to the expiration of the Feasibility Period. Other than in event that Seller defaults (beyond any applicable periods for cure) under the terms of this Amendment or the Purchase Agreement, the payment(s) provided for hi this Section 3 shall be non-refundable. In the event the patties go to Closing (on or prior to the then applicable Closing Date), the payments (as received by Seller) provided for in this Section shall be credited againstthe Purchase Price, 4. Condition Precedent The Agreement is amended to insert a new Section 10(v) as follows: (v) The Property shall be re -zoned [HI] fc rezoning to be accomplished at Purchaser least fifteen (15) days prior to the Closing (such se) at 5, Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meaning ascribed to them in the Purchase Agreement. 6. Counterpazts. This Amendment may be executed in any number of counterparts, each of which, when taken together, shall constitute one and the same instrument. 7. Ratification. Except as otherwise modified herein, the terms and conditions of the Purchase Agreement shall remain in full force and effect. IN WITNESS WIIEREOP, the patties have executed this Amendment under seal as of the day and year first above written. SELLER: Agrimar Corporation, a corporation organized under the laws of the Principality of Liechtenstein US P1 By: 0 Title: @deer By: �2r _(SEAL) Name: Bdelizra d Att. Title: n„/hA;,�,-- yea,=d—Dfficer By: - -. `"' p (SEAL) Name: Ni off? a fiaas _ Title: Authorized Officer PURCHASER: 19817 Beaver Creels LLC, a Maryland limited liability company By: (SEAL) Name: _ • 0 r� P1A /+„h Title: tjANAO--rtJC Mtit-,61Z(. NOTES 1 EASEMENTS, RIGHTS OF WAY, AND OTHER SERVITUDES MAY EMSTDTHER THANSHOMHEREOR 2. THE PROPERTY IINESSHOWN HEREON ARE TAKEN FROM PEEPS AND PLATS OF RECORD AND NOT FROM AN ACTUAL FIELD SURVEY. 3. THE LANDS SHONM III RECOROEO AT LISER 73 AG.RIMAR COMPANY E3' 4, THIS PLAN IS FOR PUFF S, TOPOGRAPHIC FEATURI GRAPHIC SCALE ('I FEET) 1 DEPARTMENT OF PLANNING & ZONING PLANNING | ZONING | LAND PRESERVATION | FOREST CONSERVATION | GIS February 7, 2022 Case #: RZ-21-007 Application for Map Amendment Staff Report and Analysis Property Owner(s) : Agrimar Co Establishment Applicant(s) : 19817 Beaver Creek, LLC Location : Beaver Creek Road, SW I-70/U.S. 40 Interchange Election District : #10 – Funkstown Comprehensive Plan Designation : Low Density Residential Zoning Map : 58 Parcel(s) : P. 52, 351 Acreage : 131.28 acres Existing Zoning : RM – Residential, Multi-Family Requested Zoning : HI – Highway Interchange Date of Meeting : February 7, 2022 I. Background and Findings Analysis: 1. Site Description The proposed rezoning site is located at 19817 Beaver Creek, encompassing two parcels, immediately adjacent to the Interstate 70/U.S. 40 interchange (Exit 32). The total acreage of the two parcels subject to this rezoning case is 131.28 acres. All properties are located within the Urban Growth Area (UGA) that surrounds the City of Hagerstown and the Towns of Williamsport and Funkstown. The smaller of the two parcels (parcel 351) is improved by a single story brick home. Parcel 51 is currently undeveloped and being used for agricultural purposes. The center of parcel 52 contains floodplain areas that stem from a section of Landis Spring Branch that intermittently flows Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 2 2 through the property before draining southwest into Antietam Creek. No permanent land preservation easements encumber either property. 2. Population Analysis To evaluate the change in population, information was compiled from the US Census Bureau over a thirty-year time frame. A thirty-year horizon was chosen to show long term population trends both in the election district of the proposed rezoning, and the County as a whole. The properties subject to this rezoning are located within the Funkstown Election District (#10). As shown in the table below, the population in this district has grown more rapidly than the County has over the thirty-year time frame between 1990 and 2020. District 10 has grown 60.3% over the thirty-year period (2%) per year while the County as a whole has increased in population by 27.4% (.91% per year) during the same period. The Funkstown Election District experienced their greatest population increase during the thirty-year period surveyed between 2010 and 2020 (22.9%). Table 1: Funkstown Election District Population Trends Year Area Population % change from previous decade District 9,330 County 121,393 District 11,390 22.1% County 131,932 8.7% District 12,175 6.9% County 147,430 11.7% District 14,960 22.9% County 154,705 4.9%2020 1990 2000 2010 Source: US Census Bureau 3. Availability of Public Facilities A. Water and Sewerage The adopted Water and Sewerage Plan for the County establishes the policies and recommendations for public water and sewer infrastructure to help guide development in a manner that helps promote healthy and adequate service to citizens. By its own decree, the purpose of the Washington County Water and Sewerage Plan is “…to provide for the continued health and well- being of Washington Countians and our downstream neighbors…”1 This is achieved through implementing recommendations within the County Comprehensive Plan and the Water and Sewerage Plan to provide for services in a timely and efficient manner and by establishing an inventory of existing and programmed services. 1 Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 3 3 Water: W-5-Long Term Planned Service (City of Hagerstown) Public water is not currently available at the site. The site is permitted to access water by well. The site is given the W-5 designation in the County’s 2009 Water and Sewerage Plan, denoting long-term planned service. Neighboring parcels in the vicinity of the site generally also do not have access to public water. The City of Hagerstown Water Division offered no comment on the proposed development when sent the application for review. Wastewater: S-5- Long Term Planned Service (County) Public sewer service is also not currently available at the site of this rezoning. The S-5 Long Term Planned Service designation is applied to these parcels in the Water and Sewerage Plan. On-site septic systems are permitted under this classification. Most neighboring parcels in the immediate vicinity also utilize on-site septic systems. Neither the Washington County Health Department nor the Department of Water Quality offered comment on the application when routed a copy for review. B. Emergency Services Fire and Emergency Services: Funkstown Volunteer Fire Company (2 South Westside Avenue) – 2 miles away The proposed rezoning site is located within the service area of the Funkstown Volunteer Fire Company. This same entity also provides the nearest emergency rescue services. Their station is located approximately 2 miles away from the subject properties. A copy of this application was sent to the Washington County Division of Emergency Services. No comments were received. C. Schools The requested zoning classification, Highway Interchange (HI), does not permit residential development. Therefore, there would be no school capacity mitigation requirements for pupil generation under the County’s Adequate Public Facilities Ordinance. 4. Present and Future Transportation Patterns Highways – Access and Traffic Volume The proposed rezoning site is located on Beaver Creek Road which would provide one possible access point for the site. The Functional Road Classification for Beaver Creek Road is as a Local Road in the Transportation Element of the 2002 Comprehensive Plan. This classification Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 4 4 accounts for mobility and access characteristics of the roadway in its categorization. Local Roads are designed to carry less than 1,000 Average Daily Traffic in rural areas, and greater than 2,000 vehicles daily in urban areas. The County’s road classification system is based upon the Federal Highway Functional Classification System, but modified to reflect local road conditions. The site also has road frontage on Dual Highway (National Pike). The stretch of Dual Highway adjacent to this property is designated as a Major Collector. Major Collectors are designed to carry between 1,000-3,000 Average Daily Traffic in rural areas, and 2,000 – 10,000 vehicles daily in urban areas. In addition to evaluating public access of a parcel for rezoning purposes, it is also important to evaluate traffic generation and existing traffic volumes. This is commonly accomplished through analysis of historic and existing traffic counts as well as any existing traffic impact studies. As the proposed rezoning site is located on a County road, the most relevant data on traffic in the vicinity comes from counts taken on Beaver Creek Road just across National Pike from the subject properties. The County’s Division of Engineering & Construction Management collected single day traffic counts at two locations in the vicinity of the site in 2016. These locations include two points surrounding the intersection of Beaver Creek Road and Auto Place. Since these were first time collections at these locations, trends cannot be discerned. These counts do however give us an idea of traffic volume occurring in the “neighborhood.” As shown in the table below, the highest traffic volume was recorded at Auto Place, just north of its intersection with Beaver Creek Road at 2,231 vehicles. At Beaver Creek Road just east of the Auto Place intersection 1,200 vehicles were counted during the one-day traffic survey. Table 2: 2016 County Traffic Volumes Auto Place North of Beaver Creek Road 2046 East of Auto Place 1200 Source: Washington County Division of Engineering and Construction Management Traffic Count Inventory Map Though less relevant in establishing transportation patterns at the rezoning site itself, there is some value in identifying traffic trends at select points along the major federal and state transportation that occur in the immediate vicinity of the subject properties. In this location that includes traffic counts on National Pike (U.S 40) north and south of the I-70 interchange and on I- 70 at Exit 32 (U.S. 40). Table 3: Traffic Volumes 1990-2020 Year 32 of I-70 Exit 32 of I-70 Exit 32 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 5 5 1995 39,750 14,475 NA 1990 41,500 22,800 NA Source: Maryland State Highway Administration From an overall perspective, Table 3 shows that traffic has continually increased at these three locations between 1990 and 2020 with a couple of exceptions. Traffic increased 67% between 1990 and 2015 at I-70 eastbound and 56% at U.S. 40 northbound. U.S. 40 southbound increased 4% between 2005 and 2015 (no counts were available at this location before 2005). Traffic Counts were down at each location in 2020, almost certainly due to effects of the COVID- 19 Pandemic drastically reducing vehicular trips of all types due to widespread quarantine requirements. Thus 2020 traffic data will likely be viewed as an anomaly in future years. Outside of 2020, traffic dipped in 1995 at each location, but rebounded steadily in future years. Washington County Engineering Plan Review had no comment after receiving a copy of the rezoning application. Public Transportation This area is not directly served by public transportation. Route 331 of the County Commuter makes stops in Funkstown and at Hagerstown Commons (anchored by Martin’s grocery store) roughly 1.5 miles northeast of the site. 1. Compatibility with Existing and Proposed Development in the Area: A. Zoning The subject parcels are currently zoned Residential Multi-family (RM) and are requesting to change to Highway Interchange (HI). The purpose of the HI zoning district is: “…to provide suitable locations for commercial activities or light industrial land uses that serve highway travelers, provide goods and services to a regional population, or uses that have a need to be located near the interstate highway system to facilitate access by a large number of employees, or the receipt or shipment of goods by highway vehicles. In addition to providing accessible locations, the Highway Interchange District is intended to protect the safe and efficient operation of the interchange and to promote its visual attractiveness.…”.2 The HI Zoning District does not define its own standalone permitted uses. Instead it pulls all principal permitted uses allowed in the BL, BG, PB, and ORT Districts as well as those in the IR District except heliports and Commercial Communications Towers. Truck stops are among other land uses allowed by special exception in an HI District. 2 Washington County Zoning Ordinance, Article 19 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 6 6 Map 1: Surrounding Zoning Classifications I-70 forms a convenient dividing line for noting differences in zoning classifications in this area, as shown on Map 1 above. North of I-70 there is mostly a mix of residential zoning of various densities, along with multiple areas with HI zoning in the vicinity of the I-70 interchange at Dual Highway. Parcel size increases below I-70 in many cases which, correspondingly, results in reduced residential density as one travels further from the Urban Growth Area. Lands immediately south of the interchange are solidly HI. The subject parcels (currently zoned RM) are contiguous to this block of properties zoned HI. Residential Urban zoning is applied to many properties west of the site, above and below Poffenberger Road. RU RM RM Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 7 7 B. Land Use Image 1: Vicinity Land Use Source: Google Maps Commercial businesses surround the I-70 interchange on all sides, particularly automobile dealerships. The stretch of Beaver Creek Road that provides access to the subject properties has historically been used for farming, woodlands or single family residential land uses. More recently however, a couple of commercial businesses (Vinny’s Truck Repair & Towing, U.S. Lawns) have opened along this part of Beaver Creek Road. Below I-70, housing tends to be of a low density nature and notable areas are still in active agricultural production. Heading east on National Pike towards Frederick, one finds a variety of low intensity commercial businesses (storage facilities, truck repair shops, construction contractors, shooting range). The Londontowne and Robinwood Apartments provide higher density housing options just off Dual Highway to the North. Active residential subdivisions in this area include Claggetts Mill and Gaver Meadows. C. Historic Sites Another important component of compatibility is the location of historic structures on and around the parcels being proposed for rezoning. According to the Washington County Historic Sites Survey there are 6 existing historic sites located within an approximate ½ mile radius of the proposed rezoning areas. The subject rezoning site also contains the standing ruins of a limestone farm complex that was destroyed by fire in the late 20th century. Below is a listing of existing historic resources within a ½ mile radius of the subject parcels: • WA-II-142: “Adams-Paulsgrove Farm,” Mid-19th century farm complex consisting of a 2- story limestone house, a frame bank barn, a log kitchen and other outbuildings Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 8 8 • WA-II-143: “Grossnickle Farm,” Late 19th farm complex encompassing 2-story brick house, stone bank barn, outdoor root cellar. • WA-II-229: “Blarneystone Farm (Kelly's Delight)” Early 19th century, 2-story stone home built in two parts, stone out-kitchen and stone bank barn • WA-I-421: “Welty Farm,” Late 19th Century farm complex including 2-story log home encased in brick, barn and outbuildings • WA-I-432: “Deep Meadow Farm,” Early 19th century farm complex including two part, 2- story log and stone home and stone bank barn • WA-II-1113: “Bridge,” 1936 stone and concrete bridge over Landis Run on National Pike 2. Relationship of the Proposed Change to the Adopted Plan for the County: The purpose of a Comprehensive Plan is to evaluate the needs of the community and balance the different types of growth to create harmony between different land uses. In general, this is accomplished through evaluation of existing conditions, projections of future conditions, and creation of a generalized land use plan that promotes compatibility while maintaining the health, safety, and welfare of the general public. Both properties are located in the Low Density Residential sub-policy area. The Comprehensive Plan offers the following definition for this policy area: “This policy area designation would be primarily associated with single-family and to a lesser degree two-family or duplex development. It is the largest policy area proposed for the Urban Growth Area and becomes the main transitional classification from the urban to rural areas.”3 3. “Change or Mistake” Rule When rezonings are not part of a comprehensive rezoning by the governing body, individual map amendments (also known as piecemeal rezonings) are under an obligation to meet the test of the “Change or Mistake” Rule. The “Change or Mistake” Rule requires proof by the applicant that there has been either: a substantial change in the character of the neighborhood since the last comprehensive zoning plan (2012), or a mistake in designating the existing zoning classification. As part of the evaluation to determine whether the applicant has proven whether there has been either a change or mistake in the zoning of a parcel, the Maryland Annotated Code Land Use Article and the Washington County Zoning Ordinance state that the local legislative body is required to make findings of fact on at least six different criteria in order to ensure that a consistent evaluation of each case is provided. Those criteria include: 1) population change; 2) the availability of public facilities; 3) present and future transportation patterns; 4) compatibility with existing and proposed development for the area; 5) the recommendation of the planning commission; and 6) the relationship of the proposed amendment to the local jurisdiction’s Comprehensive Plan. 3 2002 Washington County, Maryland Comprehensive Plan, Page 243 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 9 9 Even when change or mistake has been sufficiently sustained, it merely allows the local governing body the authority to change the zoning; it does not require the change. When conditions are right for a change the new zone must be shown to be appropriate and logical for the location and consistent with the County’s Comprehensive Plan. II. Staff Analysis: The analysis of a rezoning request begins with a strong presumption that the current zoning is correct. It is assumed that the governing body performed sufficient analysis, exercised care, and gave adequate consideration to all known concerns when zoning was applied to a parcel of land. However, there are instances by which a case can be established to show that the governing body either erred in establishment of the proper zoning of a property or that the neighborhood surrounding the property has changed enough since the governing body’s last assessment to require a new evaluation of the established zoning designation. The applicant of this case has indicated in their justification statement that they believe that a mistake was made by the local legislative body to rezone the property in 2012. As noted in the prior section describing the “Change or Mistake” Rule, the Washington County Zoning Ordinance requires data to be presented to the local legislative body on factors such as population change, present and future traffic patterns, the availability of public facilities, the relationship of the proposed change to the Comprehensive Plan and its compatibility with existing and proposed development in order to determine how the area subject to rezoning has evolved since the comprehensive rezoning. 1. Evidence for Mistake in the Current Zoning In order to demonstrate that a mistake was made by the regulatory body in applying the existing zoning classification to the parcel, the applicant must establish that an error occurred as a result of factors such as: 1. A failure to take into account projects or trends probable of fruition; 2. Decisions based on erroneous information; 3. Facts that later prove to be incorrect; 4. Events that have occurred since the current zoning; or 5. Ignoring facts in evidence at the time of zoning application. The last Comprehensive Rezoning in Washington County was completed in 2012, affecting the Urban Growth Area (UGA) that surrounds the City of Hagerstown and the towns of Williamsport and Funkstown. The rezoning affected approximately 17,000 parcels and 38,000 acres of land.4 Information such as population projections, growth trends, transportation and infrastructure data, and the recommendations of the Comprehensive Plan were considered as a part of this effort. The input of property owners, local officials, County staff and the general public was also solicited and considered in the assignment of each parcel affected by the Comprehensive Rezoning. Landowners were also given the opportunity to appeal the rezoning of their property at that time if they felt aggrieved by the Board’s decision. 4 Washington County Ordinance No. ORD-2012-08 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 10 10 The applicant contends that the Board of County Commissioner’s (BOCC) erred in their decision during the 2012 UGA Comprehensive Rezoning to rezone the lots in question to RM. The applicant claims that factors such as following were not fully considered by the Board in their 2012 decision: • The properties cannot meet the requirement of the RM Zoning District to be served by public water and sewer service; • Other similarly situated parcels that are within the County’s Urban Growth Area, but outside of the City’s Medium Range Growth Area (MRGA) were zoned HI in 2012 i. Recent Zoning History  These properties were rezoned to the present RM designation in conjunction with the Comprehensive Rezoning of the Urban Growth Area in 2012 (RZ-10-005). RM zoning was recommended by the Urban Growth Area Advisory Committee, a body appointed by the BOCC to study and make recommendations on several issues that impacted the Comprehensive Rezoning of the UGA. The intent was to create additional opportunities for multi-family housing development in the County. Planning staff recommended Residential Transition (RT) for the parcel based upon the Low-Density Residential designation in the 2002 Comprehensive Plan.  Prior to 2012, they were zoned Highway Interchange District HI-2. The HI-2 zoning district was intended to serve as a transitional zone between HI-1 zones and nearby residential areas. Typically, HI-1 areas were designated on lands closest to interstate highway interchanges, with HI-2 zones then buffering adjacent lands in the vicinity of the interchanges. HI-2 allowed low intensity business and industrial uses as well as a residential development at varying densities. Permitted uses were pulled from the BT, RM, PUD, IT, RR, RS and RU Districts. It did not require connection to public water and sewer, but merely allowed higher density development if connection was possible. The HI-2 zoning district was eliminated during the 2012 UGA Rezoning. Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 11 11 Map 2: 2005 Zoning Classifications ii. Public Water and Sewer Requirements in RM and HI Zones The applicant’s major argument in support of a mistake in the current zoning is the inability of these properties to access public water and sewer as mandated for properties given the RM zoning classification. First, a review of previous versions of the Washington County Zoning Ordinance reveals that the requirement to connect to public water and sewer has been a consistent and long-standing policy within the RM Zoning District (Article 10). This policy was in place at the time the property was rezoned to RM in 2012. The requirement to connect to public water and sewer facilities is not absolute, however. Section 10.6 with the RM Zoning District states that: “1. The Planning Commission may waive this requirement after consultation and advice from the Health Department.” This section goes on to describe the criteria that should be considered by the Planning Commission in deciding whether or not to grant a waiver: i. The need to protect environmental resources from potential pollution from failing septic systems. ii. The availability and proximity of existing public water and sewer facilities. HI-1 HI-2 TOWN RR RR RR HI-2 HI-2 RM HI-1 Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 12 12 iii. The status of any available plans for utility extensions in the future that may serve the area. iv. The existence and operation of private, on-site health facilities in the vicinity. v. Recommendations of the Washington County Health Department. vi. The adopted Washington County Water and Sewerage Plan. vii. Recommendations of the potential service provider. viii. Any grant of a waiver to allow the use of a private, on-site well or septic system is conditional upon the agreement to abandon the private system and connect to the public utility when it becomes available. ix. When the Planning Commission has determined that a waiver from the required use of public water and sewer facilities is appropriate the minimum lot size shall be as specified in Section 10.5. Lot dimensions shall also conform to any applicable minimum requirements affecting lot size, width or separations imposed by the Washington County Health Department. x. Any private on-site well or septic system shall meet all Health Department requirements. Thus, while current zoning regulations for RM Districts mandate connection to public water and sewer in most cases, it is possible that development could occur on well and septic in this zoning District. Of equal importance in this discussion is that the Highway Interchange Zoning District requested by the applicant also requires connection to public water and sewer.5 Again, however, the Planning Commission may waive this requirement after consultation with the Health Department, based upon the same criteria as outlined above. The language relating to the requirement to connect to public water and sewer facilities is identical in both the RM and HI zoning districts and was present in each at the time of the Comprehensive Rezoning of the Urban Growth Area in 2012. Therefore, whether the Board had rezoned these properties to HI or RM in 2012 would not have mattered from a water and sewer perspective, as they would have had to meet the same requirements. Accordingly, it is difficult to call this choice a mistake. iii. Consistency With the Comprehensive Plan The actual choice in zoning classification that was being deliberated in 2012 for these properties was not between HI and RM, however. As noted previously in the Zoning History section of this report, decision makers were choosing between RM and RT. RT is the least dense residential district in the Growth Areas allowing a density of 2-4 dwelling units per acre. 5 Washington County Zoning Ordinance Article 19, p. 176) Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 13 13 Staff, following the Low-Density Residential designation of these parcels in the 2002 Comprehensive Plan Land Use Plan and surely considering the lack of availability of public water and sewer to the site, recommended RT. The Urban Growth Area Advisory Committee advocated for RM to create additional opportunities for multi-family housing development in the County. Ultimately the Board chose to follow the Committee’s recommendation and apply the RM designation to these parcels in 2012. Other parcels in the vicinity were rezoned to HI in 2012, most notably adjacent parcel 101 (19515 Beaver Creek Road). Given that similar development constraints applied to that parcel as those subject to this rezoning, (i.e. – lack of access to public water and sewer, the likely need to make road improvements for a more intensive land use), one would likely surmise that decision makers simply felt that applying HI to some, but not all parcels in this stretch of Beaver Creek Road near the interchange, was a reasonable compromise to achieve various land use goals. iv. Availability of Public Water and Sewer Past history aside, water and sewer service policies established in long range plans produced by the County and City of Hagerstown go a long way to determining the present development potential that these properties have. First, from the County perspective, W-5 and S-5 designations denoting Long Term Planned Service have been consistent for these properties both in the most recent County Water and Sewer Plan (2009) and in prior versions of the Plan as well. This designation reflects plans by service providers to eventually, but not immediately, connect these properties to public utility systems. In the event of connection to public utilities, the County would be the service provider for sewer and the City of Hagerstown would provide water. As shown in the Map below, public water and sewer has not been extended below I-70 in this immediate area. The Claggetts Mill subdivision, located approximately 1.5 miles west, is the closest area below I-70 that has an existing water and sewer service designation (W/S-1). Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 14 14 Map 2: Vicinity Current Water and Sewer Designations From the City’s perspective, these parcels lie outside the City’s Medium-Range Growth Area boundary. Properties within the MRGA are prioritized by the City for connection to public water or sewer service when it becomes available. Those outside the MRGA are not eligible for connection unless a special exception applies. It is not likely that this site would qualify for a special exception under the City’s water and wastewater connection policies. As shown in the maps below, while falling within the County’s Urban Growth Area, these properties have never been inside of the City’s MRGA, including at the time of the 2012 Comprehensive Rezoning. Major updates occurred to Hagerstown’s Comprehensive Plan in 2008 and 2018. The MRGA boundary was not realigned to include the subject properties in either Plan. Planned Service (W/S-5) Service (W/S-3) (W/S-1) (W/S-5) Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 15 15 Map 3: Hagerstown 2008 Comprehensive Plan Water and Wastewater Priority Areas Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 16 16 Map 4: visionHagerstown 2035 Growth Area Boundaries III. Conclusion: The applicant has claimed that a mistake was made to rezone these properties from HI-2 to RM in 2012 because they cannot meet the requirement of the RM Zoning District to be served by public water and sewer. The burden of the applicant in a “Mistake” case is to provide evidence that the Board: 1. Failed to take into account projects or trends probable of fruition, 2. Made decisions based on erroneous information, 3. Used facts that later prove to be incorrect, 4. Couldn’t have foreseen Events that have occurred since the current zoning 5. Ignored facts in evidence at the time of zoning application. Regarding the charge or mistake, it has been demonstrated that water and sewer requirements for the RM and HI zoning districts were identical in 2012. Connection to public water and sewer was required by each district, but both provide the potential that this requirement could Staff Report and Analysis RZ-21-007 19817 Beaver Creek, LLC Page 17 17 be waived by the Planning Commission in consultation with the Health Department. So, there would not have been a difference between assigning either RM or HI to these properties in 2012 when looked at through the lens of water and sewer requirements. Staff analysis has also noted that neither the current RM zoning designation nor the HI zoning requested by the applicant are consistent with the 2002 Comprehensive Plan’s Land Use Plan. This plan applied a Low Density Residential designation to these properties which was very likely influenced by the lack of water and sewer service to these parcels. These limitations are still in place today, regardless of the zoning applied. Development should occur where there is adequate infrastructure to serve it. At best, it would be very difficult economically to make a multi-family development work under the current RM Zoning without access to public water and sewer, due to the infrastructural upgrades that would be necessary in this location to adequately serve the development. Road improvements could be considerable, and the property falls within school districts that are largely over capacity already (South Hagerstown High School District). This is why, from a general planning perspective, considerations such as these dictate that the intensity of development should lessen the further away one is from a city center where there is less likely to be adequate infrastructure to support high intensity land uses. An HI zoning classification makes a lot of sense for these properties when viewing them from perspective of their proximity to the I-70 interchange, and the corresponding similarity to neighboring properties in terms of existing zoning designations and land uses. From that angle, what the applicant is proposing is not in conflict with the character of the surrounding neighborhood. As previously stated, proximity to the interchange was very likely a significant reason why some neighboring properties were rezoned from HI-2 to HI in 2012. The lack of access to public water and sewer, however, hamstrings the development potential of these properties under an HI zoning classification for similar reasons as described above for the current RM zoning. Service is not likely to be extended to this parcel in the foreseeable future, which limits the appropriateness of many land uses permitted with the HI Zoning District, particularly the more intensive uses. Beaver Creek Road is also ill-suited to serve high intensity development in its present capacity. Despite these significant caveats, less intensive uses permitted in the HI District that are able to be developed on well and septic systems could, however, be potentially feasible from an economic and land use intensity standpoint in this location. Staff advises that decision makers carefully consider the wide range of land uses permitted under the HI zoning requested by the applicant for their compatibility with the neighborhood that surrounds this site. The adequacy of infrastructure to serve development is a key consideration in this case. It will continue to be a major factor for Washington County and the City of Hagerstown going forward as long range land use plans are updated to reflect the present limitations of key systems that facilitate development, such as access to public water and sewer. Respectfully Submitted, Travis Allen Comprehensive Planner DEPARTMENT OF PLANNING & ZONING PLANNING ( ZONING I LAND PRESERVATION ( FOREST CONSERVATION I GIS April 4, 2020 APPLICATION FOR MAP AMENDMENT PLANNING COMMISSION RECOMMENDATION RZ-21-007 Property Owner(s) Agrimar Co Establishment Applicant(s) 19817 Beaver Creek, LLC Location Beaver Creek Road, SW 1-70/U.S. 40 Interchange Election District : #10 — Funkstown Comprehensive Plan Designation Low Density Residential Zoning Map 58 Parcel(s) P. 52, 351 Acreage 131.28 acres Existing Zoning RM — Residential, Multi -Family Requested Zoning HI — Highway Interchange Date of Meeting: February 7, 2022 RECOMMENDATION The Washington County Planning Commission held a rezoning public information meeting on February 7, 2022 for the purpose of considering a map amendment for 131.28 acres of land located at 19817 Beaver Creek Road. The applicant is requesting a change in zoning from RM (Residential Multi -family) to HI (Highway Interchange). The Planning Commission considered the application and supporting documents, oral testimony from the applicant's representatives, public comments from interested parties and the Staff Report and Analysis. The Planning Commission then took action at its regular meeting held on Monday, March 7, 2022 to recommend to the Board of County Commissioners approval of the map amendment (RZ-21-008) based on the following: 1) The request is logical and appropriate for the site. The Commission believes that a smaller, less intensive HI use, such as a garage or auto dealership, would be the most appropriate for the site. Copies of the application packet, Staff Report and Analysis, minutes of the February 7, 2022 public rezoning meeting and the unapproved minutes of the March 7, 2022 regular meeting are attached. Respectfully submitted, Jill/ . Baker, AICP, JLB/TMA/dse Director, Washington County Dept. of Planning & Zoning Attachments cc: Kirk Downey William C. 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Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. Good afternoon- I am writing to express my concerns about the proposed zoning change for 19817 Beaver Creek Rd. This zoning change would open this area/land up to building shopping or warehouse space. This area is beautiful to leave as a residential family area and not plan or try to put anymore warehouses, etc in the Washington Co area at this time. Their are several areas in Wash Co that are either in the works, being built or proposed to have facilities built on land. This area is also not ready for such a complex or warehouse. The roads are back roads with no lights, shoulders, turning lanes, etc. The water/sewer is private and not the city. The time has come for Washington county to slow down with changing all the farm land to highway interchange zones for additional building. Please deny this request to change from residential family to highway interchange. Thank you Hannah Leatherman From:Tammy Staley To:Planning Email Subject:Proposed rezoning of 19817 Beaver Creek Road Date:Sunday, February 6, 2022 5:47:20 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. I received a letter about the proposed change to the zoning status of the property at 19817 Beaver Creek Road. I have reviewed the online 63 pages of the request. It seems that wether or not a prior zoning decision was an error should not even be a point of consideration. The current as well as the proposed zoning both require public water and sewer which are not available. It should also be considered that the current road is stretched to the brink already with current use as well as the increases in traffic coming from the planned Gavers Meadows development. I think our area has had enough disturbance. I want to join the virtual meeting especially since it was not disclosed what will be done with the property if the zoning is changed. With the current disregard for our community with the allowance of massive trucking terminals at every possible interstate interchange I am not convinced the planning commission actually has any plan. Sent from my iPad.' From:Bette Shifler To:Planning Email Subject:rezoing wesst side of Dual Highway and 19817 Beaver Creek Rd Date:Friday, February 4, 2022 12:15:14 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. As a resident on Beaver Creek Road very close to this property, I am opposed to this. We have a lot of traffic from the auto dealerships already and this is a small county road with no shoulder. Bette Jo Shifler From:Bette Shifler To:Planning Email Cc:&County Commissioners; Bette Shifler Subject:Beaver Creek Rd project Date:Monday, February 14, 2022 4:59:55 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. I am writing regarding the Beaver Creek Rd rezoning request. I do not believe this piece of property was mistakenly zoned RM in 2012. I believe it was zoned correctly and should not be changed to H1. The piece of property is not suitable for industrial properties. I attended the zone meeting regarding this change and spoke against it then, and after listening to the discussion, I still believe it should be zoned RM for the following reasons and concerns. 1. It has no water and sewer, I asked a question about fire protection, it was assumed I meant the fire department, I meant sprinkler systems. 2. Traffic, this area already has a traffic issue and it about to be made much worse with the Howell Road project, there needs to be a major study done including that projected when completed. It was said to be adding 2,000 more trucks coming off Rt 70. A light at the hotels and other projected updates, but nothing on the ramps. The developer for this project also mentioned a light close to the bridge or Beaver Creek intersection. This will only make more congestion coming down a hill and a turn. 3. Where would access road be onto the Dual Highway?? 4. How will the environment be effected since a lot of this area is in a flood area? Bette Jo Shifler 20017 Beaver Creek Rd Hagerstown, MD 21740 301-739-3493 Zoning Board Co-Chairmen Paul Fulk and Michael Zampelli and Members 100 W Washington St, Suite 2600 Hagerstown, MD 21740 RE: RZ-21-007 Co-Chairmen and Members; Our names are Shirley Burch and Allen Burch and we own and reside at 9834 Crossfield Rd, a property adjacent to part of the 130+/- acres under request to be rezoned from RM to HI designation in the RZ-21-007 rezoning proposal. We request that the zoning board reject this proposal. Being 23.5 year residents at the above address, we have a vested interest in this rezoning request. We have read the proposal including the Staff Report and Analysis on RZ-21-007 signed by Travis Allen, Comprehensive Planner and agree with most of the analysis including there was a mistake made in 2012 when rezoning the land to RM designation. We disagree with the conclusion that the correct designations should have been HI. The land in question has been and is being currently used for agriculture. There are a few business and residential homes on and around it for as long as I have lived here. No new business or homes have been built in or directly adjacent to the land. US Lawns is the closest new business building but is just beyond the property. We feel it would be a far reach and incorrect zoning to change to HI. With an HI designation the land would be opened for development from traveler services such as hotels and restaurants to industries such as warehouses and with special permission a truck stop. None of which has been in previous or current planning for this land. Some of the land is almost a mile away from the actual highway interchange yet is being asked to be changed to HI designation. In the Staff Report on page 10 section i paragraph 2 says the HI designation was to be for land closest to the interchange - not a mile away. We feel that it would be a far reach and incorrect zoning to change to HI. We agree with the Staff Report on page 11 section ii and page 13 section iv that public water and sewer will not be coming to this land in the near future hence the RW designation was incorrect in 2012. As listed in the Report the HI designation would have the same limitation for water and sewer recommendations as RM zoning. We feel that it would be a far reach and an incorrect decision to change this land to HI. The HI designation has not been considered for this land for the last decade (2012 rezoning) and not considered to be zoned HI in over the 2-3 decades before that. Some of the land had been designated HI-2 before 2012 when the designation was eliminated, which was defined as a transitional zone BETWEEN HI and other zones. The HI-2 designation was made up of various business and residential zoning designations not from HI zoning. We feel that it would be a far reach and incorrect zoning to change all this land to HI. We ask the Members to reject the rezoning request from RM to HI in the RZ-21-007 proposal. Respectfully, Shirley Burch Allen Burch From:Pamela Kint To:Planning Email Subject:Beaver creek Date:Saturday, April 30, 2022 2:55:55 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. What is wrong with you people!! More warehouses!!! Are you kidding me?!! You’re destroying our county!!! Sent from my iPhone From:john day To:Planning Email Subject:Rt 40 - Beaver creek rd interchange Date:Friday, May 6, 2022 5:27:44 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. Hello, This email is in regards to the planned change of zoning for the 131 acres at the intersection of Beaver Creek rd and rout 40. I am adamantly opposed to this zoning change. This area is a rural area and does not need to be built up any further. There are environmentally sensitive creeks in this area that will be negatively effected by building up this area further. There are new warehouses going up everywhere in the county. We don’t need more at this interchange. There are plenty of fast food restaurants and warehouses right down the rd. Thank you John F Day III Home owner on Beaver Creek Rd Sent from my iPhone From:Karen Shumaker To:Planning Email Subject:RZ-21-007 - 19817 Beaver Creek LLC - Rezoning Date:Monday, May 2, 2022 9:53:13 AM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. To those Concerned, As a resident of Washington County and home owner on Beaver Creek Road, I respectfully and adamantly request rejection of this rezoning project. Excuses for rezoning in Washington County cite lower than projected growth estimates for this area. Have the elected officials concerned all of the rezoned projects underway? A drive around Washington County would prove otherwise and prove dangerous trends toward overdevelopment. Infrastructure cannot support all of the rezoning requests and projects. Residents, not developers, will suffer from over stressed well drilling in this area. Reconsider this rezoning and development plan. Washington County residents want support from elected officials. Otherwise election time will show the consequences. Support our County and Residents now. Seriously Concerned, Karen Shumaker From:Reeder61@myactv.net To:Planning Email Cc:Sandy Reeder Subject:Zoning reclassification 19817 Beaver Creek Rd RZ-21-007 Date:Thursday, May 12, 2022 1:50:10 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. I am writing on behalf of my husband Ted Reeder and myself Sandy Reeder concerning the rezoning hearing to be held on May 17th at 10:30 am. I wonder how many of the planning board or County Commissioners who purchased homes in a rural area of Hagerstown,Boonsboro or Smithsburg would like the zoning change to effect their neighborhoods? Their utilities would be impacted, traffic increase and the horrifying wide variety of businesses that could be built in their backyards. Do you even consider this when you are voting on a change of this nature? This rezoning change is not just about the people who will have to look at this possible infrastructure but the surrounding neighborhoods and businesses that will have to deal with the increased traffic along Rt 40 and all the side roads that connect Beaver Creek and Funkstown to Rt 40. People use shortcuts to get to where they are going and will most definitely use those country roads to access Rt 40. Many will be inundated with large volumes of traffic when they were not designed for such use. Rezoning this land to Highway Interchange will open the door for such a wide variety of industrial situations that would be detrimental to the infrastructure that serves any proposed development and those already existing around it. Please vote “NO” to the rezoning change. Think about this happening in your backyard. Thank you, Sandy and Ted Reeder Sandy Reeder From:Amber Boerstler To:Planning Email Subject:Zoning reclassification of 19817 beaver creek rd RZ-21-007 Date:Thursday, May 12, 2022 3:36:56 AM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. To whom it may concern: My family and I are absolutely against this 100% My husband and I just bought our property off Landis Rd and the reason we were drawn to it so much was that it was "out in the country" but yet still so close to everything. This would be devastating to us, to say the least. I hope you would reconsider as there are several other high traffic locations elsewhere. You are turning our beloved residence into something we wanted to get away from after living off Jefferson Blvd. I am surrounded by woods having 10+ acres and absolutely HATE the idea of having commercial real estate next to me. Plus you will absolutely destroy the market for us if we ever decide to sell. Please reconsider. This is not ok. There is plenty of farmland back here where farmers are in desperate need of the land as well to continue growing crops and provide for their families. Please don't do this to us!! Respectfully, Derick & Amber Boerstler 419 Landis Rd 540-398-9627 From:Wendy Frank To:Planning Email Subject:Zoning Reclassification of 19817 Beaver Creek Road RZ-21-007 Date:Monday, May 9, 2022 2:07:50 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. There is a hearing on Tuesday, May 17, at 10:30am to consider re-zoning 19817 Beaver Creek Road. As a resident of Washington County, I do not support the rezoning of the 131.28 acres on Beaver Creek Road and Route 40 (Dual Highway) from Residential Multi-family (RM) to Highway Interchange (HI). Wendy Frank From:Gary M To:Planning Email Subject:Zoning Reclassification of 19817 Beaver Creek Rd, RZ-21-007 Date:Thursday, May 12, 2022 12:29:13 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. Hello. This letter is to ask for reconsideration regarding the rezoning of 19817 Beaver Creek Road. Below are some reasons. - There is already a truck stop at Route 70 Exit 24. - There are already multiple warehouses under construction in Hagerstown in addition to the warehouses that have been abandoned. - Trucks idling at a new stop, especially during the winter, would produce pollution that will affect the Hagerstown area near routes 40 and 80, and at Funkstown. With a westerly wind, the smell would inundate those neighborhoods. - If there is a new truck stop near Beaver Creek,the noise will add to the already noisy Route 40. Recently, acres of trees were cut down for a housing development near Beaver Creek and Emmert Roads. The increase in noise from route 70 has gotten a lot worse. - There are already multiple fast food restaurants, gas stations, and motels on route 40 within a short distance of route 70. Please reconsider this rezoning request. Thank you. Gary Magno Emmert Rd. Hagerstown From:Isabella To:Planning Email Subject:Zoning Reclassification of 19817 Beaver Creek Road RZ-21-007 Date:Sunday, May 8, 2022 7:58:59 AM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. I am writing to voice my concern on the upcoming trial for rezoning the area by Rt 40 and Beaver Creek Road. About 12 years ago, my family and I were looking for the perfect place to relocate from Baltimore and Washington DC. Once getting off exit 35 from 70- we immediately fell in love with the immediate area. Part of the family settled in Boonsboro and we settled off Crystal Falls. The reason being you have a small town rural feeling of being where you want to live, in nature- the area is beautiful. Turning that area into an area for multiple gas stations or truck stops would ruin this area. My family would consider relocating in the near future if this were to take place. Please do not consider ruining this area!!! Isabella Pettijohn Sent from my iPhone From:B Morris To:Planning Email Subject:Zoning Reclassification of 19817 Beaver Creek Road RZ-21-007 Date:Wednesday, May 11, 2022 6:53:24 PM WARNING!! This message originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Any claims of being a County official or employee should be disregarded. Dear Washington County Board of Commissioners, My husband and I have lived in Hagerstown for the past 30 years and we DO NOT support the re-zoning of 131 acres at the intersection of RT 40/Dual Highway and Beaver Creek Road from Residential to Highway Interchange. Please do NOT approve this rezoning, we appreciate your support. Many Thanks, Nathan & Bridgitt Rhodes Sunny View Court Hagerstown, MD 21742 Open Session Item SUBJECT: Post Legislative Review Session PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Bruce C. Bereano, Lobbyist, Washington County RECOMMENDED MOTION: N/A REPORT-IN-BRIEF: Final Update on 2022 Legislative Session DISCUSSION: Summary of 2022 Legislative Session FISCAL IMPACT: N/A CONCURRENCES: N/A ATTACHMENTS: Bill Tracking Chart Board of County Commissioners of Washington County, Maryland Agenda Report Form Number/ Chapter (Cross File) Title Primary Sponsor Status Original House Committee(s) and Hearing Dates Opposite House Committee(s) and Hearing Dates HB0005 (SB0107) State Government - State and Local Government Employees and Contractors - Cybersecurity Training Delegate Krimm Hearing 3/01 at 1:30 p.m. Government Operations 3/1/2022 - 1:30 HB0042 C – Required Consideration of Delegate Lisanti Hearing 1/18 at 1:00 p.m. Transportation 1/18/2022 - 1:00 HB0044 (SB0295) Maryland Medical Assistance Program – Emergency Service Transporters – Reimbursement Delegate Hornberger First Reading Senate Rules Government Operations 1/19/2022 - 2:50 p.m. Rules HB0059 Ethics – Local Governments – Registration of Lobbyists Delegate Carr Hearing 3/23 at 1:00 p.m. Environment and Transportation 1/20/2022 - 1:00 p.m. Affairs 3/23/2022 - 1:00 HB0156 Local Governments – Urban Agricultural Incentive Zones – Authorization Delegate Queen Hearing 3/30 at 1:00 p.m. Environment and Transportation 1/19/2022 - 1:00 p.m. Affairs 3/30/2022 - 1:00 p.m. HB0168 Administrative Charging Delegate Thiam Unfavorable Report by Judiciary; Withdrawn Judiciary HB0179 Workgroup on Food Environments Delegate Amprey Hearing 3/31 at 1:00 p.m. Environment and Transportation 1/25/2022 - 1:00 p.m. Affairs 3/31/2022 - 1:00 HB0216 Washington County - Nursing Homes and Assisted Living Programs - Essential Caregivers Delegate Parrott Hearing 2/17 at 1:30 p.m. Government Operations 2/17/2022 - 1:30 HB0217 Task Force on Recycling Policy in Maryland Delegate Love Hearing 2/02 at 1:00 p.m. Transportation 2/2/2022 - 1:00 HB0280 Washington County – Alcoholic Beverages – Class CT License Washington County Delegation Returned Passed Economic Matters 2/21/2022 - 1:00 p.m. Affairs 4/1/2022 - 1:00 HB0281 Beverages - Spec Washington County Delegation Unfavorable Report by Economic Matters 2/21/2022 - 1:00 HB0311 Beverages Licenses - Class 3 Washington County Delegation Unfavorable Report by Economic Matters 2/21/2022 - 1:00 HB0331 Local Government - Amateur Radio Station Antenna Structures Delegate Boteler Returned Passed Environment and Transportation 2/8/2022 - 1:00 p.m. Affairs 3/31/2022 - 1:00 Speaker 3/10/2022 - 1:00 p.m. HB0411 (SB0397) Enforcement Coordination Council and Coordinator and State Aid for Police Protection Speaker Hearing 2/08 at 1:00 p.m. Judiciary 2/8/2022 - 1:00 p.m. HB0478 Economic Development - Enterprise Zone Program - Alterations Delegate Palakovich Carr Passed Enrolled Ways and Means 2/16/2022 - 1:00 p.m. Taxation 3/30/2022 - 1:00 HB0526 Commission - Plumbing and Fuel Gas Services - Licenses and County Delegation and Montgomery Returned Passed Economic Matters 2/22/2022 - 1:00 p.m. Finance 3/29/2022 - 1:00 p.m. HB0528 Town of Williamsport (Washington County) - Urban Renewal Authority for Blight Clearance Delegate McKay Returned Passed Environment and Transportation 3/15/2022 - 1:00 p.m. Affairs 3/31/2022 - 1:00 HB0543 Town of Hancock (Washington County) - Urban Renewal Authority for Blight Clearance Delegate McKay Returned Passed Environment and Transportation 3/15/2022 - 1:00 p.m. Affairs 3/31/2022 - 1:00 HB0609 / CH0053 (SB0548) Local Health Officers - Removal - Process Delegate Pena- Melnyk Gubernatorial Veto Override (Legislative date: 4/8/2022) - Chapter 53 Government Operations 2/23/2022 - 1:30 Finance to Save Our Weather Act of 2022) 2/18/2022 - 11:00 a.m. HB0838 / CH0062 (SB0474 / CH0063) Western Maryland Economic Future Investment Board and Senator George C. Edwards Fund Delegate Buckel Approved by the Governor - Chapter 62 Ways and Means 2/16/2022 - 1:00 p.m. Budget and Taxation HB0843 (SB0675) Credits for Construction and Purchase of Housing in Western Delegate Buckel Hearing 2/23 at 1:00 p.m. Ways and Means 2/23/2022 - 1:00 p.m. HB0856 Washington County - Alcoholic Beverages - University and College Hospitality Beer, Wine, and Liquor License Washington County Delegation Returned Passed Economic Matters 2/21/2022 - 1:00 p.m. Affairs 4/1/2022 - 1:00 HB0873 Washington County - Sheriff's Salary - Alteration Washington County Delegation Hearing 3/31 at 1:00 p.m. Transportation 3/15/2022 - 1:00 Proceedings 3/31/2022 - 1:00 HB0883 Washington County - Vehicle Emissions Inspection Fees - Distribution Delegate Wivell Hearing 3/15 at 1:00 p.m. Transportation 3/15/2022 - 1:00 HB0936 (SB0999) Blue Ribbon Community Solar Land Use Commission Delegate Barve First Reading Finance Transportation 3/2/2022 - 1:00 p.m. Finance HB0946 Administrative Charging Delegate Thiam Hearing 3/01 at 1:00 p.m. 3/1/2022 - 1:00 HB1083 (SB0376) County and Municipal Street Lighting Investment Act Delegate Carr Unfavorable Report by Economic Matters 3/10/2022 - 1:00 HB1106 Washington County - Alcoholic Beverages Licenses - Wine Washington County Delegation Returned Passed Economic Matters 2/21/2022 - 1:00 p.m. Affairs 4/1/2022 - 1:00 HB1117 Washington County - Alcoholic Beverages - Class B and D Licenses - Sidewalk Cafe/Patio Permit Washington County Delegation Returned Passed Economic Matters 2/21/2022 - 1:00 p.m. and Environm Affairs 4/1/2022 - 1:00 HB1187 (SB0726) Transportation – Highway User Revenues – Revenue and Distribution Delegate Anderton Passed Enrolled Transportation 3/10/2022 - 1:00 Taxation 3/29/2022 - 1:00 HB1202 (SB0754) Local Government Cybersecurity - Coordination and Operations (Local Cybersecurity Support Act of 2022) Delegate Young, P. Passed Enrolled Government Operations 2/22/2022 - 1:00 Affairs 3/25/2022 - 1:00 HB1243 Public Health - Rural Nonemergency Medical Transportation Program Delegate Howard Hearing 3/07 at 2:00 p.m. Government Operations 3/7/2022 - 2:00 p.m. HB1267 and Governmental Entities - Face Covering Requirements - Delegate Chisholm Hearing 3/08 at 1:30 p.m. Health and Government Operations 3/8/2022 - 1:30 p.m. HB1328 Counties and Municipalities - Water Transfer Fee - Authorization Delegate Hornberger Hearing 3/08 at 1:00 p.m. Transportation 3/8/2022 - 1:00 HB1332 (SB0680) State and Local Parks - Playground Accessibility - Communication Boards Delegate Hartman Hearing 3/09 at 2:15 p.m. Transportation 3/9/2022 - 2:15 HB1338 Face Mask Requirements - Prohibition Delegate Arikan Hearing 3/08 at 1:30 p.m. Government Operations 3/8/2022 - 1:30 HB1428 Code Counties - Legislative Procedure - Notice Requirements Charles County Delegation Hearing 3/11 at 2:00 p.m. Transportation 3/11/2022 - 2:00 HB1477 Washington County - Mobile Home Parks and Mobile Home Tax - Revisions and Repeal Washington County Delegation Returned Passed Ways and Means 3/15/2022 - 1:00 p.m. Taxation 3/30/2022 - 1:00 HB1481 (SB1002) Counties - County Property Dorchester County Delegation Rules and Executive Executive SB0107 (HB0005) State Government - State and Local Government Employees and Contractors - Cybersecurity Training Senator Jackson Hearing 3/03 at 1:00 p.m. and Environmental Affairs 3/3/2022 - 1:00 SB0264 (HB0076) Community Solar Energy Generating Systems - Exemption From Property Taxes Senator Elfreth Hearing 3/29 at 2:45 p.m. Taxation 1/25/2022 - 2:30 Ways and Means 3/29/2022 - 2:45 p.m. SB0281 (HB0308) Comptroller - Online Payment Processing Portal Senator Kagan Unfavorable Report by Education, Health, and Environmental Affairs; Withdrawn and Environmental Affairs 2/17/2022 - 1:00 SB0295 (HB0044) Maryland Medical Assistance Program - Emergency Service Transporters - Reimbursement Senator Gallion Passed Enrolled Finance 2/8/2022 - 1:00 p.m. Government Operations 3/30/2022 - 1:30 p.m. SB0376 (HB1083) County and Municipal Street Lighting Investment Act Senator Lee Hearing 2/15 at 1:00 p.m. 2/15/2022 - 1:00 SB0400 (HB0410) Transportation – Highway User Revenue – Distribution President Hearing 2/09 at 1:00 p.m. Taxation 2/9/2022 - 1:00 SB0413 Voting Rights Act of 2022 – Counties and Municipalities Senator Sydnor Hearing 2/23 at 1:00 p.m. and Environmental Affairs 2/23/2022 - 1:00 SB0538 (HB0673) Land Use - Agritourism - Definition Senator Carozza First Reading Environment and Transportation and Environmental Affairs 3/9/2022 - 1:00 Environment and Transportation SB0552 (HB0695) Environment - Climate Crisis Plan - Requirement (Better Together to Save Our Weather Act of 2022) Senator Kramer Hearing 2/24 at 1:00 p.m. and Environmental Affairs 2/24/2022 - 1:00 SB0663 and Amusement Tax Exemption - Senator Corderman Budget and Taxation; Budget and Taxation SB0726 (HB1187) Transportation – Highway User Revenues – Revenue and Distribution Senator McCray Rereferred to Environment and Transportation Taxation 3/9/2022 - 2:00 Environment and Transportation SB0754 (HB1202) Local Government Cybersecurity - Coordination and Operations (Local Cybersecurity Support Act of 2022) Senator Hester Passed Enrolled and Environmental Affairs 3/3/2022 - 1:00 Health and Government Operations SB0800 (HB1002) Sales and Use Tax - Electricity for Agricultural Purposes - Exemption Senator Guzzone Hearing 3/09 at 2:00 p.m. Taxation 3/9/2022 - 2:00 SB0838 (HB1019) Transportation – Elderly and Handicapped Transportation Service – County Funding Senator Young Returned Passed Taxation 3/10/2022 - 1:00 Appropriations 4/4/2022 - 1:00 p.m. SB0911 Hagerstown Multi-Use Sports Senator Corderman Returned Passed 3/15/2022 - 1:00 4/4/2022 - 1:00 SB0946 Transportation - Highway User Revenues - Distribution Senator Washington Hearing 3/15 at 1:00 p.m. Taxation 3/15/2022 - 1:00 Open Session Item SUBJECT: National Public Works Week PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Andrew Eshleman, Director, Public Works; Jaime Dick, Deputy Director, Parks and Recreation; and Zane Rowe, Deputy Director, Highways RECOMMENDED MOTION: N/A REPORT-IN-BRIEF: May 15-21 is National Public Works Week and the theme is “Ready & Resilient.” Washington County Public Works wants to share examples how its staff has been READY to serve their communities and RESILIENT after encountering challenges. DISCUSSION: Washington County Public Works includes the following Departments: Airport, Highways, Parks & Recreation, Transit, and Buildings, Grounds and Facilities and each serves the citizens of Washington County and works towards making our community a great place to live and work. FISCAL IMPACT: N/A CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Slide Show AUDIO/VISUAL NEEDS: Slide Show Board of County Commissioners of Washington County, Maryland Agenda Report Form   Open Session Item  SUBJECT: FY23 Police Recruitment & Retention Grant - Approval to Submit Application and Accept Awarded Funding PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Cody Miller, Quartermaster/Grants Manager, Washington County Sheriff’s Office; and Rachel Souders, Senior Grant Manager, Office of Grant Management RECOMMENDED MOTION: Move to approve the submission of the grant application for the FY23 Police Recruitment and Retention Grant to the Governor’s Office of Crime Prevention, Youth, and Victim Services in the amount of $38,295 and accept funding as awarded. REPORT-IN-BRIEF: The Washington County Sheriff’s Office (WCSO) is requesting approval to submit an application and accept funding as awarded from the Governor’s Office of Crime Prevention, Youth, and Victim Services requesting $38,295 in funding to support the FY23 Police Recruitment and Retention (PRAR) program. DISCUSSION: The PRAR program provides incentives to retain qualified sworn law enforcement officers, including purchases of gear that otherwise is not covered in local budgets. The WCSO is requesting this funding in order to provide all deputies with a Tactical SOMS 3.0 Rolling Gear Bag. The Office of Grant Management has reviewed the grant funding guidelines. The performance period is for one year and there is no match requirement. FISCAL IMPACT: Will provide $38,295 to the WCSO. CONCURRENCES: Susan Buchanan, Director, Office of Grant Management ALTERNATIVES: Deny approval for application submittal. ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INTG-22-0087) – Personal Protective Equipment (PPE) for Division of Emergency Services PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Brandi Naugle, CPPB, Buyer and Eric Jacobs, Operations Manager, Division of Emergency Services. RECOMMENDED MOTION: Move to authorize by Resolution, for the approval of the purchase of 39 sets of Personal Protective Equipment (PPE) (coats and pants) for the Division of Emergency Services from Municipal Emergency Services of Rockville, MD at the contracted unit prices based on the contract awarded by the Fairfax County, VA contract (Solicitation #2000003296); Honeywell Morning Pride Coats $1,919.70 @ 39 = $ 74,868.30 and Honeywell Morning Pride Pants ($1,254.36) x 39 = $ 48,920.04, Totaling - $ 123,788.34. REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants authorization for the County to procure goods or services under contracts entered into by other government entities. On items over $50,000, a determination to allow or participate in an intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate that the participation will provide cost benefits to the county or result in administrative efficiencies and savings or provide other justification for the arrangement. The County will benefit with the direct cost savings in the purchase of PPE (pants and coat) because of economies of scale this contract has leveraged. Additionally, the County will realize savings through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of the equipment by utilizing the Fairfax County, VA contract and eliminating our County’s bid process would result in an administrative and cost savings for the Division of Emergency Services in preparing specifications and the Purchasing Department. DISCUSSION: This structural-firefighting, turn-out gear will be purchased to assist in outfitting our first responders throughout the County. This is an annual program that has been supported through general budget funding. FISCAL IMPACT: Funding is in the department’s FY’22 operating budget 599999-10-10500. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form --- Open Session Item SUBJECT: Bid Award (PUR-1543) - Grounds Maintenance for Various County Departments PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department, John Easterday, Superintendent, Black Rock Golf Course and George Sweitzer, Assistant Superintendent, Black Rock Golf Course RECOMMENDED MOTION: Move to award the contract to the responsible companies with the responsive lowest bids that meet the specifications for each chemical item (as indicated on the Bid Tabulation Summary). Tie bids were received for Item Nos. 13, 20, 31, and 35; therefore, it is required that the chemicals be awarded based upon drawing lots in public, pursuant to Section 2.9 of the Washington County Procurement Policy Manual. REPORT-IN-BRIEF: The County accepted bids on April 20, 2022. The Invitation to Bid (ITB) was advertised on the State of Maryland’s (eMMA) “eMaryland Marketplace Advantage” web site, on the County’s web site, and in the local newspaper. Nineteen (19) persons/companies registered/downloaded the bid document on-line. Four (4) bids were received. This contract provides the needed chemicals for the Black Rock Golf Course, County Highway Department and Department of Water Quality; the City of Hagerstown may utilize the contract. The contract term is one (1) year tentatively commencing July 1, 2022 and ending June 30, 2023. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted for the chemicals in various expense operating accounts. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Bid Tabulation Matrix Board of County Commissioners of Washington County, Maryland Agenda Report Form PUR-1543 Grounds Maintenance Chemicals Bid Tabulation Summary Item # Product Vendor Unit Price 1 Acclaim Extra Nutrien Ag Gallon $499.99 $524.99 2 Aqua Shade Gallon $42.29 $42.00 3 Propiconazole 14.3% Gallon $42.99 $64.64 4 Gallon $293.00 $275.00 5 Bensumec – 4LF Gallon $116.00 $128.00 6 Gallon $38.40 $40.00 7 Alumimum Tris WDG 80% Pound $14.00 $15.00 8 Crossbow Gallon $44.48 9 Gallon $33.40 10 Gallon $44.00 11 Dylox 420 SL Pound $68.50 12 Fore WSP Pound $7.77 13 Head Way Gallon $438.00 14 Gallon $49.55 15 Imidacloprid 75% Case $375.00 16 PCNB 40% Helena Agri Gallon $57.06 17 Pendulum Aqua Cap Gallon $43.05 18 Gallon $102.00 19 Prograss Gallon $138.10 20 Provaunt WDG Case $1526.40 21 Glyphosate 41% Gallon $14.00 22 Mefenoxam 22.5% Gallon $335.00 23 Talstar Nutrien Ag Gallon $42.99 Item # Product Vendor Unit Price 24 Trimec Classic Gallon $21.99 25 Paclobutrazol 22.3% Gallon $133.00 26 Phosguard Gallon $16.17 27 Bayleton FLO Gallon $554.00 28 Dismiss NXT Gallon $2300.00 29 Fluazinam 40SC Gallon $299.99 30 Poa Constrictor Gallon $118.00 31 Signature XTRA Pounds $31.81 32 Barricade Gallon $137.00 33 Mancozeb Pound $4.15 34 Fairview Select Gallon $212.00 35 Emerald Case $1063.0 36 Evade 4FL Gallon $75.00 37 Inpordione 23.3% Gallon $54.40 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item No.Item Description / Formulation Estimated Annual Usage / Case Type Unit of Measure Unit Price Unit Price Total Price 1 Acclaim Extra 2-Gallons Gallon $598.00 $1,196.00 $549.00 $1,098.00 2 Aqua Shade 4 Gallons per Case Gallon $55.59 $1,111.80 $42.00 $840.00 3 Propiconazole 14.3%3 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $215.00 $3,225.00 *$69.90 $1,048.50 * 4 Propamocarb Hydrochloride 66.2% 8 Cases / 2 x 1 Gallons 2 Gallons per Case Gallon $323.00 $5,168.00 $275.00 $4,400.00 5 Bensumec – 4LF 5 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $333.00 $8,325.00 *$128.00 $3,200.00 6 Thiophonate Methyl 46.2% 40 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $142.75 $28,550.00 *$40.00 $8,000.00 7 Alumimum Tris WDG 80%22 lbs. per Case Pound $16.42 $3,612.40 $15.00 $3,300.00 8 Crossbow 15 Gallons / 2 x 2.5 Gallons 5 Gallons per Case Gallon $43.20 $648.00 $52.00 $780.00 9 Chlorothanlonil 54% 720 SFT 12 Cases / 2 x 2. 5 Gallons 5 Gallons per Case Gallon $33.59 $2,015.40 $34.80 $2,088.00 10 Chlorpyrifos 4E 42.5% 2 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $57.72 $577.20 No Bid No Bid Helena Agri Enterprises, LLC Knoxville, MD Genesis Turfgrass, Inc. Glen Rock, PA Total Price Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item No.Item Description / Formulation Estimated Annual Usage / Case Type Unit of Measure Unit Price Unit Price Total Price 11 Dylox 420 SL 4 Cases / 2 x 2.5 Gallons 5 Gallons per Case Pound $76.75 $1,535.00 $78.00 $1,560.00 12 Fore WSP 9-Cases / 8 x 4 x 1.5 lbs. 48 lbs. per Case Pound $9.22 $3,983.04 $8.44 $3,646.08 13 Head Way 2 Gallons per Case Gallon $496.00 $3,968.00 $496.00 $3,968.00 14 Tebuconazole 38.7% 25-Gallons / 4 x 1 Gallons / or 2 x 2.5 Gallons / 5 Gallons per Case Gallon $70.56 $1,764.00 $47.75 $1,193.75 15 Imidacloprid 75%2-Cases / 88 x 1.6 oz per Case Case $593.41 $1,186.82 $638.00 $1,276.00 16 PCNB 40%6-Cases / 2 x 2.5 Gallons / 5 Gallon Case Gallon $65.42 $1,962.60 $53.08 $1,614.00 17 Pendulum Aqua Cap 6-Cases / 2 x 2.5 Gallons / 5 Gallon Case Gallon $67.90 $2,037.00 $65.00 $1,950.00 18 Trinexapac – Ethyl 11.3% 2-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $109.84 $1,098.40 $117.00 $1,170.00 19 Prograss 9-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $157.20 $7,074.00 $148.78 $6,695.10 20 Provaunt WDG 4 x 72 oz.Case $1,612.80 $3,225.60 $1,612.80 $3,225.60 21 Glyphosate 41%4-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $36.40 $728.00 $36.00 $720.00 Genesis Turfgrass, Inc. Glen Rock, PA Helena Agri Enterprises, LLC Knoxville, MD Total Price Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item Description / Formulation Unit Price Unit Price Total Price 22 Mefenoxam 22.5% 2.5 Cases / 2 x 1 Case / 2 Gallon Cases Gallon $350.00 $1,750.00 $295.00 $1,475.00 23 Talstar 4 Gallons per Case Gallon $57.62 $460.96 $54.00 $432.00 24 Trimec Classic 20-Gallons / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $45.80 $916.00 $43.00 $860.00 25 22.3%2 x 1 Gallon Cases Gallon $185.37 $556.11 $134.00 $402.00 26 Phosguard 200-Gallons 2 x 2.5 Gallon Cases Gallon $36.80 $7,360.00 No Bid No Bid 27 Bayleton FLO 5 Gallons per case Gallon $554.00 $22,160.00 $554.00 $22,160.00 28 Dismiss NXT 3-Cases / 4 x 60 Ounce Case Gallon $1,257.60 $7,074.00 $589.50 $7,074.00 29 Fluazinam 40SC 5 Gallons per case Gallon $320.00 $12,800.00 $284.00 $11,360.00 30 Poa Constrictor 9-Gallons / 96 Ounce Bottles Gallon $133.33 $1,200.00 No Bid No Bid 31 Signature XTRA 15 Bags Pound $31.81 $2,624.33 *$31.81 $2,624.33 * 32 Barricade 4 x 1 Gallon Case Gallon $152.00 $1,520.00 $145.00 $1,450.00 33 Mancozeb 12 lb. bags Pound $5.24 $2,358.00 $5.45 $2,452.50 34 Fairway Select Gallon $198.00 $9,900.00 No Bid No Bid 35 Emerald 4 Cases / 0.49 lb. packet / 10 packet Case Case $1,141.70 $4,566.80 $1,141.17 $4,564.68 * 36 Evade 4FL 4 Gallon Case Gallon No Bid No Bid $71.00 $1,420.00 37 Iprodione 23.3%12 Cases / 2 x 2.5 Gal / 5 Gallon Case Gallon $59.98 $3,598.80 $58.00 $3,480.00 Genesis Turfgrass, Inc. Glen Rock, PA Knoxville, MD Total Price Corrected Calculations based on Unit Pricing Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item No.Item Description / Formulation Estimated Annual Usage / Case Type Unit of Measure Unit Price Unit Price 1 Acclaim Extra 2-Gallons Gallon $524.99 $1,049.98 $675.00 $1,350.00 2 Aqua Shade 4 Gallons per Case Gallon $49.95 $999.00 $54.22 $1,084.40 3 Propiconazole 14.3%3 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon No Bid No Bid $64.64 $969.60 4 Propamocarb Hydrochloride 66.2% 8 Cases / 2 x 1 Gallons 2 Gallons per Case Gallon $315.00 $5,040.00 $300.00 $4,800.00 5 Bensumec – 4LF 5 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $158.67 $3,966.75 $172.30 $4,307.50 6 Thiophonate Methyl 46.2% 40 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon $46.75 $9,350.00 $46.00 $9,200.00 7 Alumimum Tris WDG 80%22 lbs. per Case Pound No Bid No Bid $19.38 $4,263.60 8 Crossbow 15 Gallons / 2 x 2.5 Gallons 5 Gallons per Case Gallon $54.40 $816.00 $45.85 $687.75 9 Chlorothanlonil 54% 720 SFT 12 Cases / 2 x 2. 5 Gallons 5 Gallons per Case Gallon $31.59 $1,895.40 $34.00 $2,040.00 10 Chlorpyrifos 4E 42.5% 2 Cases / 2 x 2.5 Gallons 5 Gallons per Case Gallon No Bid No Bid $75.25 $752.50 Nutrien Ag Solutions, Inc. Rosedale, MD Total Price SiteOne Landscape Supply Cleveland, OH Total Price Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item No.Item Description / Formulation Estimated Annual Usage / Case Type Unit of Measure Unit Price Unit Price 11 Dylox 420 SL 4 Cases / 2 x 2.5 Gallons 5 Gallons per Case Pound $74.40 $1,488.00 $87.50 $1,750.00 12 Fore WSP 9-Cases / 8 x 4 x 1.5 lbs. 48 lbs. per Case Pound $8.95 $3,866.40 $11.43 $4,937.76 13 Head Way 2 Gallons per Case Gallon $496.00 $3,968.00 $496.00 $3,968.00 * 14 Tebuconazole 38.7% 25-Gallons / 4 x 1 Gallons / or 2 x 2.5 Gallons / 5 Gallons per Case Gallon $69.70 $1,742.50 $70.47 $1,761.75 15 Imidacloprid 75%2-Cases / 88 x 1.6 oz per Case Case $79.99 $879.89 $471.74 $943.48 16 PCNB 40%6-Cases / 2 x 2.5 Gallons / 5 Gallon Case Gallon No Bid No Bid $62.31 $1,869.30 17 Pendulum Aqua Cap 6-Cases / 2 x 2.5 Gallons / 5 Gallon Case Gallon $47.99 $1,439.70 $52.29 $1,568.70 18 Trinexapac – Ethyl 11.3% 2-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $104.00 $1,040.00 $112.80 $1,128.00 19 Prograss 9-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon No Bid No Bid $195.95 $8,817.75 20 Provaunt WDG 4 x 72 oz.Case $1,612.80 $3,225.60 $1,612.80 $3,225.60 21 Glyphosate 41%4-Cases / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $57.89 $1,157.80 $70.61 $1,412.20 Nutrien Ag Solutions, Inc. Rosedale, MD SiteOne Landscape Supply Cleveland, OH Total Price Total Price Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Item Description / Formulation Unit Price Unit Price 22 Mefenoxam 22.5% 2.5 Cases / 2 x 1 Case / 2 Gallon Cases Gallon $344.44 $1,722.20 $406.88 $2,034.40 23 Talstar 4 Gallons per Case Gallon $48.88 $391.04 $54.98 $439.84 24 Trimec Classic 20-Gallons / 2 x 2.5 Gallons / 5 Gallons per Case Gallon $26.99 $539.80 $30.80 $616.00 25 22.3%2 x 1 Gallon Cases Gallon $159.88 $479.64 $214.36 $643.08 26 Phosguard 200-Gallons 2 x 2.5 Gallon Cases Gallon $34.49 $6,898.00 $48.00 $9,600.00 27 Bayleton FLO 5 Gallons per case Gallon $340.00 $13,600.00 $554.00 $22,160.00 28 Dismiss NXT 3-Cases / 4 x 60 Ounce Case Gallon $2,358.00 $7,074.00 $2,358.00 $7,074.00 29 Fluazinam 40SC 5 Gallons per case Gallon $259.98 $10,399.20 $345.00 $13,800.00 30 Poa Constrictor 9-Gallons / 96 Ounce Bottles Gallon $156.00 $1,404.00 $120.00 $1,080.00 31 Signature XTRA 15 Bags Pound $175.00 $2,625.00 $175.00 $2,625.00 32 Barricade 4 x 1 Gallon Case Gallon $152.00 $1,520.00 $152.00 $1,520.00 33 Mancozeb 12 lb. bags Pound $5.15 $2,317.50 $5.25 $2,362.50 34 Fairway Select Gallon No Bid No Bid $228.00 $11,400.00 35 Emerald 4 Cases / 0.49 lb. packet / 10 packet Case Case $1,141.70 $4,566.80 $1,141.70 $4,566.80 36 Evade 4FL 4 Gallon Case Gallon $71.99 $1,439.80 $106.83 $2,136.60 37 Iprodione 23.3%12 Cases / 2 x 2.5 Gal / 5 Gallon Case Gallon $57.90 $3,474.00 $60.00 $3,600.00 Nutrien Ag Solutions, Inc. Rosedale, MD Cleveland, OH Total Price Corrected Calculations based on Unit Pricing Total Price Bids Opened: April 20, 2022 PUR-1543 Grounds Maintenance Chemicals for Black Rock Golf Course Remarks / Exceptions:Remarks / Exceptions Remarks / Exceptions: Helena Agri Enterprises SiteOne Landscape Supply SiteOne Landscape Supply Item No. 10 - Discontinued Item No. 15 - Lesco Bandit Item No. 11 - Gallon Item No. 17 - Lesco Pre-M Aquacap Item No. 28 - Bottle Item No. 18 - T-Nex Item No. 29 - changed price / no initials Item No. 20 - Agency Item No. 30 - Discontinued Item No. 22 - per 2 x 25 gal/cs Nutrien Ag Solutions, Inc.Item No. 23 - Bifenthrin G&N 7.9F Item No. 15 - (11 cases 16 x 1.6oz) Item No. 24 - Lesco Three-Way Selective Item No. 28 - Case Item No. 25 - Pac-Low Item No. 31 - Bag Item No. 26 - Liquid PHI 0-0-25 Item No. 33 - Changed price / no initials Item No. 27 - Agency Item No. 28 - Agency / Case SiteOne Landscape Supply Item No. 29 - Lesco Drax (5 x 1 gal) Item No. 3 - Lesco Spectator Ultra Item No. 30 - Bottle Item No. 4 - Karma Item No. 6 - Lesco T-Storm Item No. 32 - Agency Item No. 7 - Fosetyl-al Item No. 34 - Traction Item No. 9 - Lesco Manicure 6Fl Item No. 35 - Agency Item No. 11 - Gallon Item No. 13 - Agency Bids Opened: April 20, 2022 Open Session Item SUBJECT: Bid Award (PUR-1540) – Leachate Hauling from County Landfill PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and Dave Mason, P.E., Deputy Director, Solid Waste RECOMMENDED MOTION: Move to award the requirements contract for the Hauling of Leachate from the County Landfill to A.C.& T. Co. Inc., of Hagerstown, MD based on the responsive, responsible bidder with the lowest total lump sum amount of $470,000.00 REPORT-IN-BRIEF: The bid was advertised in the local newspaper, listed on the State’s eMaryland Marketplace website and on the County’s website. The contract period is for a one (1) year period tentatively commencing July 1, 2022, with an option by the County to renew for up to two (2) additional consecutive one (1) year periods with the first term ending June 30, 2023. The County guarantees neither a minimum/maximum of calls nor quantity of material for this contract. Sixteen (16) persons/companies registered and downloaded the bid document on-line. Three (3) bids were received as indicated on the bid tabulation matrix. One (1) of the bids was deemed non- responsive for failure of not meeting the requirements of the bid. The scope of services to be provided by the contractor includes loading, hauling, delivery, and unloading leachate to Valicor located at the Department Water Quality’s Conococheague WWTP. The leachate is transported from the Resh Road Landfill, Rubble Landfill, Old City/County Landfill and 40 West Landfill. The following hauling history (in gallons) is established at each location: Year Resh 4&5 Resh N-1 N2&N3 Rubble City/County 40 West 2017 926,140 122,587 259,650 1,200,120 6,102,727 17,689,401 2018 1,194,265 130,470 782,477 1,831,735 10,458,815 20,447,454 2019 2,157,025 182,610 469,557 1,907,430 2,830,160 15,076,318 2020 2,392,188 58,321 449,755 1,790,899 0 16,143,433 Board of County Commissioners of Washington County, Maryland Agenda Report Form 2021 1,263,693 96,686 478,369 2,278,679 189,850 11,710,188 DISCUSSION: N/A FISCAL IMPACT: Funding is available in various accounts within the Department of Solid Waste’s budget. 21030 – Resh Road Landfill, 21040 – Rubble Landfill, 21050 – City/County Landfill, 21020 – 40 West Landfill, 21060 – Hancock Landfill, and 21100 – Transfer Stations. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Bid Tabulation Matrix AUDIO/VISUAL NEEDS: N/A PUR-1540 Leachate Hauling from County Landfill for Disposal Item No.Item Description Unit Appr. Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Removal (loading/hauling/unloading) from Resh Landfill (Cells 4,5, N-1, N-2 and N-3) to Valicor Environmental Services at the Conococheague Wastewater Treatment Plant Gal 3,000,000 0.0188 $56,400.00 0.014 $42,000.00 .11 $330,000.00 2 Removal (loading/hauling/unloading) from the Rubble Landfill to Valicore Environmental Services at the Conococheague Wastewater Treatment Plant Gal 2,000,000 .0188 $37,600.00 .014 $28,000.00 .11 $220,000.00 3 Removal (loading/hauling/unloading) from the Old City/County Landfill to Valicor Environmental Services at the Conococheague Wastewater Treatment Plant Gal 5,000,000 .0188 $94,000.00 .014 $70,000.00 .11 $550,000.00 4 Removal (loading/hauling/unloading) from the 40 West Landfill to Valicor Environmental Services at the Conococheague Wastewater Treatment Plant Gal 15,000,000 .0188 $282,000.00 .014 $210,000.00 .11 $1,650,000.00 * TP3 LLC Upper Marlboro, MD $470,000.00 $350,000.014 Stephen's Towing Falling Waters, WV TOTAL BASE BID - SUM OF ALL LOCATION TOTALS (LOCATIONS 1-4): Correction calculations based on Unit Pricing $2,750,000.00 AC & T Co,. Inc. Hagerstown, MD 1 Bids Opened: 04-13-2022 Open Session Item SUBJECT: Bid Award (PUR-1544) Trash Removal Services at County Facilities PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and Danny Hixon, Deputy Director – Parks and Facilities RECOMMENDED MOTION: Move to award the bid for Trash Removal Services at County Facilities to the responsible, responsive bidder, Republic Services of Hagerstown, MD who submitted the lowest total sum bid in the amount of $67,698.60. REPORT-IN-BRIEF: The contract is for Trash Removal Services at twenty-five (25) County facilities. The bid was advertised on the State’s “eMaryland Marketplace Advantage” website, the County’s website and published in the local newspaper. Nine (9) persons/companies registered and downloaded the bid document on-line. One (1) bid was received as indicated on the attached bid tabulation. The term of the Contract is for a one (1) year period tentatively to begin July 1, 2022 with an option by the County to renew for four (4) additional consecutive one (1) year periods. The following provision are included in the bid terms and conditions: Based on the estimate of the net weight of County dumpsters, the total minimum amount of tonnage that the Contractor must deliver to the County landfill shall be 340 tons per year or 28 tons per month. DISCUSSION: N/A FISCAL IMPACT: Funds are available in various departmental budgets for these services. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Bid Tabulation Matrix AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form PUR-1544 Trash Removal Services at County Facilities Item No.Item Description Unit Qty Unit Price 1 Antietam Wastewater Treatment Plant Month 12 $45.04 $540.48 2 Black Rock Golf Course Month 12 $285.02 $3,420.24 3 Treatment Plant – Domestic Month 12 $258.08 $3,096.96 4 Month 12 $197.36 $2,368.32 5 Building Month 12 $104.68 $1,256.16 6 County Transit Building Month 12 $107.83 $1,293.96 7 County Office Building Month 12 $475.43 $5,705.16 8 Detention Center Month 12 $1,026.47 $12,317.64 9 Day Reporting Center Month 12 $144.02 $1,728.24 10 Emergency Services Special Month 12 $35.16 $421.92 11 Hagerstown Regional Airport – 18434 Showalter Road Month 12 $107.83 $1,293.96 12 Maintenance Building – 18436 Month 12 $107.83 $1,293.96 BFI Waste Services LLC, DBA Republic Services of Hagerstown, MD Total Price 1 Bids Opened: April 27, 2022 PUR-1544 Trash Removal Services at County Facilities Item No.Item Description Unit Qty Unit Price 13 Hangars’ Location – 18523-Month 12 $203.68 $2,444.16 14 Highway Department – Northern Ave.Month 12 $269.59 $3,235.08 15 Highway Department – Coffman Farms Road Month 12 $104.68 $1,256.16 16 National Pike Month 12 $104.68 $1,256.16 285 Leitersburg / Smithsburg Treatment Plant Month 12 $137.80 $1,653.60 18 including Memorial Recreation Month 12 $285.02 $3,420.24 19 Patrol Building Month 12 $144.02 $1,728.24 20 Public Safety Training Center Month 12 $511.33 $6,135.96 21 William J. Dwyer Center Month 12 $234.42 $2,813.04 22 Winebrenner Wastewater Treatment Plant Month 12 $146.54 $1,758.48 23 Air Unit Month 12 $57.41 $688.92 24 Washington County Agricultural Education Center Month 12 $117.02 $1,404.24 BFI Waste Services LLC, DBA Republic Services of Hagerstown, MD Total Price 2 Bids Opened: April 27, 2022 PUR-1544 Trash Removal Services at County Facilities Item No.Item Description Unit Qty Unit Price 25 of Fine Arts Month 12 $108.54 $1,302.48 26 Sharpsburg Water Treatment Month 12 $45.04 $540.48 27 Services Month 12 $172.35 $2,068.20 28 Washington County Board of Elections Month 12 $104.68 $1,256.16 BFI Waste Services LLC, DBA Republic Services of Hagerstown, MD Total Price TOTAL SUM BID: ITEMS 1 through 28 $67,698.60 *Corrected Calculations based on Unit Pricing Remarks / Exceptions: 3 Bids Opened: April 27, 2022 PUR-1544 Trash Removal Services at County Facilities Unit Qty Unit Price Each 1 $35.00 $35.00 Each 1 $95.00 $95.00 Each 1 $95.00 $95.00 Each 1 $95.00 $95.00 Each 1 $95.00 $95.00 Each 1 $95.00 $95.00 N/A *Corrected Calculations based on Unit Pricing Remarks / Exceptions: BFI Waste Services LLC, DBA Republic Services of Hagerstown, MD Total Price DISINFECTION OF CONTAINERS Item Description Washout / Disinfecting of Eight (8) Cubic Yard Container Washout / Disinfecting of Six (6) Cubic Yard Container (96) Gallon Tote Cubic Yard Container Washout / Disinfecting of Three (3) Cubic Yard Container Cubic Yard Container 4 Bids Opened: April 27, 2022 Open Session Item SUBJECT: Building Excise Tax Ordinance Sunset Clause PRESENTATION DATE: May 17,2022 PRESENTATION BY: Rich Eichelberger, Director, Permits and Inspections RECOMMENDED MOTION: N/A. Reach a consensus concerning the Building Excise Tax Ordinance, Section 7.08 Special provisions; sunset REPORT-IN-BRIEF: The Board approved adoption of Revision 12 of the Building Excise Tax Ordinance in September 2019 which included several text amendments, including a clause exempting certain building conversions from the excise tax until July 1, 2022 (“Sunset Clause”). This action extended the exemption of two changes in use construction types from the assessment of excise tax. DISCUSSION: Section 7.08 of the Building Excise Tax Ordinance reads as follows: “7.08 Special provisions; sunset. Until July 1, 2022, and retroactively to July 1, 2019, the provisions of §§ 7.03 and 7.04 shall not be given effect. Until that date, when an existing nonresidential structure is subject to construction pursuant to a building permit that converts its use, the building excise tax is $0 on all existing gross square footage. Any addition construction will be taxed at the amount of $0 per square foot. This § 7.08 shall be abrogated and of no further force or effect on July 1, 2022.” Staff seeks direction from the Board concerning the expiration of the Sunset Clause. Allowing the Sunset Clause to expire would result in the following building permits being subject to the excise tax: (1) conversion of nonresidential nonretail to nonresidential retail at the rate of $1 per square foot of the first 15,000 square feet of gross square footage and $3 per square foot of any gross square footage over 15,000 square feet, and (2) conversion of nonresidential retail to nonresidential nonretail at $1 per square foot of gross square footage. To extend the Sunset Clause, the Board would need to establish a new expiration date and amend the Building Excise Tax Ordinance accordingly. Alternatively, the Board could reach a consensus to: (1) allow the Sunset Clause to expire, making the conversions subject to the tax; or (2) make the specified conversions exempt from the tax altogether. FISCAL IMPACT: Since July 1, 2019, the County has not collected approximately $70,000 in excise tax due to the Section 7.08 exemption. Board of County Commissioners of Washington County, Maryland Agenda Report Form CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: FY22 Budget Adjustment – Election Board PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Kelcee Mace, Interim Chief Financial Officer RECOMMENDED MOTION: To approve budget adjustment as presented. REPORT-IN-BRIEF: Due to shifting of expenses related to the Primary Election from FY22 to FY23, staff is requesting a budget adjustment to reduce expenses in FY22. DISCUSSION: Since the 2022 Primary Election has been moved from June 28, 2022 (FY22) to July 19, 2022 (FY23), the Election Board will no longer incur certain expenditures in FY22. A budget adjustment is being requested to reduce the Election Board expense budget by $380,080 and place those funds into the operating reserve. The Election Board’s FY23 proposed budget includes increases for certain costs related to the Primary Election. FISCAL IMPACT: $380,080 CONCURRENCES: Election Board Director ALTERNATIVES: Not approve the budget adjustment ATTACHMENTS: Budget Adjustment Form AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County, Maryland Budget Adjustment Form (1 Budget Amendment -Increases or decrease the total spending authority of an accounting fund or department G Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Transaction/Post-Finance Deputy Director- Finance Preparer, if applicable Department Head Authorization ` 3 Required approval with date w Division Director / Elected Official Authorization If applicable with date I ' Budget&Finance Director Approval _ Digitally signed by Kimberly K Edlund oate:zozz.o4.oais:oesa-on'oo Required approval with date Apr 4,2022 i�im erly K Edlund - County Administrator Approval Required approval with date County Commissioners Approval Required > $ 25,000 with date Expenditure/ Fund Department Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) Account Number Number Number +/ 500005- I 10 ( 10400 ( I Wages -Part Time I-134,570 505010 ( 10 10400 -_ I Advertising 2,000 I_ _ 505070 10 _i 10400 - --- _ - _ Food and Supplies --- - -- -840 505160 10 10400 ----_ - - ( - _- - - Personal Mileage - - - - 4,000 515000 10 -- I ( Contracted/Pur chased_ Service - -207,620 520000 10 --10400 10400 _-__-- ( __----_---- _-__-- - Training 18250 535000 10 I 10400 Rentals 8500 ( 535055 10 10400 Lease Payment ---- --_ 4,300 505906 10 11200 Operating Reserves 380080 -' Explain IThe 2022 Primary Election has been moved from June 28,2022 (FY22 budget) to July 19,2022 (FY23 budget) so the Election Board will see a reduction in their! Budget Adjustment budget in FY22. Required Action by No Approval ( Required Ei Approval Required Approval Date if County Commissioners Known Open Session Item SUBJECT: Retiree Health Insurance Subsidy Discussion PRESENTATION DATE: May 17, 2022 PRESENTATION BY: Kelcee Mace, Interim Chief Financial Officer RECOMMENDED MOTION: For informational purposes. REPORT-IN-BRIEF: Staff was asked to research what the cost would be to offer higher subsidies to retirees for health insurance benefits. DISCUSSION: Currently, retirees pay 50% of the premium for health insurance benefits. The County’s Other Post-Employment Benefits (OPEB) plan fund reimburses the County for claims paid in excess of premium collected. Staff asked the County’s actuary, Bolton Partners, to provide an impact study on what the cost would be if the County changed the premium subsidy offered to retirees. Bolton was given three different options on how the subsidy could be tiered based on years of service. Using those options, they gave us the impact on if only retirees were given the additional subsidy and dependents remained at 50%, or if both retirees and their dependents were given the additional subsidy. A summary of the results can be found below and are based off different assumptions. Board of County Commissioners of Washington County, Maryland Agenda Report Form Retirees Only - Dependents stay at 50% No Change Option 1 Option 2 Option 3 Funding Ratio 214% 166% 175% 172% Service Cost $742,000 $964,000 $910,000 $909,000 Required Contribution in FY23 $0 $0 $0 $0 $0 $308,000 $76,000 $114,000 The required contribution is only calculated for FY23. As is normal practice, the required contribution is calculated annually by the actuary and is based on the most recent funding status. FISCAL IMPACT: Varies. A contribution to OPEB is not currently included in the FY23 budget. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A