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5060
NICK'S FIREWOOD AKA NICK BYERLY
Wood salvage on utility lands
Forestry
LEG 12-1
8/4/2011
12/31/2011
12/1/2011
Comments :
PUBLIC WORKS 8 UTILIT/ES
ForestryAVatural Resources Divis�on
August 4, 2011
Mr Nick Byerly
NE 470 Blacksm�th Lake Dr
Tahuya, WA 98528
Re: Ifllood Salvage on liVater lltility Lands
Dear Mr Byerly
Tel (360) 473-5354
Fax (360)473-5844
100 Oyster Bay Ave N Bremerton, WA 9831:
Emad bdl mck�nney@ci bremerton wa us
By this letter agreement, permission is given to enter Water Utility lands withm the perimeters of Gold
Mountain Golf Course for the purpose of wood salvage at locations selected by the Forestry Manager
and marked on the attached map By signing this agreement, you (hereinafter Permittee), agree to the
followmg conditions for removal of salvaged wood
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Term/Hours of Operation. This agreement commences upon signature, and terminates
December 31, 2011 uniess terminated earlier by the City for any reason
Type of Salvage. Only wood cut from downed trees as located on the attached map is
included in this agreement No standing trees or downed merchantable logs marked as wddlife
logs shall be cut or removed without the permission of the Forestry Manager
Payment. Payment for salvaged wood is $25 00/cord payable monthly to the City of
B�emerton
Number of Persons. Entry shall be limited to the Permittee and up to 1 additional persons
Permittee shall provide in writing the names and addresses of additional persons
Entry Exceptions. No entry shall be allowed during Industrial Fire Precaution Levels (IFPL) of
III or higher Permittee is responsible for checkmg IFPL status
Resfrictions. Permittee is allowed entry for the above express purpose only and is allowed
ingress and egress to speci�ed work locations only by the most direct route Cutting and
removal operations shall not cause damage to water courses, soils, roads, standing timber or
reforested areas as determined by the Forestry Manager No smoking or open fires on Water
Utility lands durmg the closed season as defined by State of Washington regulations All other
closed season regulations as defined by the State of Washington that pertain to this operation
shall be observed No firearms allowed in the Permittee's possession or in Permittee's
vehicle(s) while on Water Utility lands
Insurance. Permittee shall carry vehicle liability insurar�ce-for all vehicies use on City property
Sales Tax/Resellers Permit. Washington State Sales tax must be collected on harvest sales
unless Permittee has a valid current Reseller Permit issued through the Washington State
Department of Revenue, a copy of wh�ch is to be provided to the City
Bremerton Business License. Permittee shall contact Bremerton's tax and license office at
360 473 5311 regarding a City of Bremerton business license
Hold Harmless. Permittee shall be solely responsible for the acts and failures to act of its
personnel, which arise in any way out of performance of this agreement Permittee agrees to
Cordwood Salvage Agreement 8/4/2011
� Page 2
August 4, 2011
defend, indemrnfy, and hold harmless the City and its officials and employees from and
against all liabdity, loss, damages, and expenses, including costs and attorney's fees, resulting
from actions, claims, and lawsuits arising or alleged to have arisen, in whole or m part, out of
or in consequence of the acts or fadures to act of Permittee, its employees, its subcontractors,
its agents, or its assigns in the performance of this agreement The City and Permittee have
specifically negotiated Permittee's waiver of its immunity under Title 51 RCW, which is hereby
waived for purposes of the Permittee's indemnification and hold harmless of the City, mcluding
duty to defend This provision shall be inapplicable to the extent such action, claim, or lawsuit
is �udicialiy found to arise solely from the acts or failures of the City
Permittee:
i
1 Vf/lil, �j __ _ Dated 8/4/11
Nick Byerly
Please sign and date where indicated above and retum to the above address, my attention A copy
and location map will be returned to you Your signature signifies agreement with the conditions
contained withm this document The Certificate of Insurance can also be sent to my attention Contact
me at 360 473 5354 if you have any questions
Sincerely,
��� � � .
Bill McKmney
Forestry Manager
C BPD Patrol
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