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HomeMy WebLinkAbout5209Contract Number. Vendor Sub�ect Department: File Class. Begin Date End Date: Review Date Vault Date 5209 WSDOT Right of Entry -- Gorst Creek/State Hwy 3 Culvert Forestry LEG 12-1 11/1/2012 10/31/2013 2015 Comments r�I I � • RIGHT OF ENTRY City of Bremerton Property — Gorst Creek/State Highway 3 Culvert This Right of Entry is made effective the date fully executed below, between the City of Bremerton, (hereinafter, "Owner"), and Washm�ton State Department of Transportation, (heremafter, "Entrant") WHEREAS, Owner owns certam real property located m Kitsap County, more commonly located and known as Bremerton Watershed Lands as depicted in Exhibrt A, and known as parcel number 012301-4-009-1002, (heremafter Property), and WHEREAS, The Entrant needs to access its highway culvert and portions of Gorst Creek, and WHEREAS, Owner is willmg to grant to the Entrant access to the Property for the purpose of culvert mamtenance, sedimentation mrtigation and stream channel restoration upon the terms and conditions of this Right of Entry, and WHEREAS, Entrant is solely responsible for compliance with all local, state and federal rules associated with their work, and will obtam and comply wrth any required permits for such work, NOW, THEREFORE, m consideration of the terms and condrtions herem, Owner, hereby grants to Entrant, its agents, employees and representatives mgress and egress over, under, across, and upon the Property under the terms and conditions contamed herem as follows• 1 Owner grants to Entrant a non-exclusive right of reasonable access to the Property for the purpose of culvert maintenance withm SR 3 n�ht-of-way and sedimentation miti�ation and stream channel restoration on Crtv-owned lands with all necessary equipment and materials 2 Upon completion of the work by Entrant on the Property, the Entrant shall restore the Property to the same or similar condrtion existmg pnor to the Entrant's work 3 The term of this Right of Entry shall commence on the date of execution by the Owner and shall expire on October 31, 2013, or upon earlier completion of the work, whichever comes first, 4 To the extent authorized by law, Entrant shall indemnify, defend and hold Owner harmless from and against any claims, loss, costs, legal action, liability, or expense on account of personal m�ury to any persons or damage to or destruction of property, resultmg from the Entrant or rts agents negligent exercise of the rights herem granted, exceptmg only to the extent such claims, costs, damage, m�ury or expense are not caused by the negligence of the Entrant 7 Written notices under this Right of Entry shall be served, personally delivered or sent by certified mail or overnight mail addressed to the parties as listed below• .�+ � OWNER ENTRANT City of Bremerton Attn Director Bremerton Department of Public Works & Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 State of Washington Attn Maintenance Supenntendent Department of Transportation Olympic Area Mamtenance Region 2 8293 Spnng Creek Road SE Port Orchard, WA 98367 Accepted and Approved CITY OF BREMERTON G ° By � .��2 Chal Martm Director of Public Works ies Date //— I — / �2. APPROVED AS TO FORM STATE OF W SHINGTO By Duke Stry er Mamtenance S �erintendent Date �J � —' � � B City Attorney R U,egalU.egal\Forms\Publ�c orks\R�ght of Entry-C�ty Owner doc i c, : � � ; _____� _�, ao, , ; G�1T`/ I � i ( � � i � i � � 1 1 I � I � i � ; � � �lA�C � tZ �w�. v� �����_ I � � � � � OOi I e �i K �� s P � � r �� � T ��E� � G� � . / / L I i � � � � saa ���� ��i � � \ � � ,, .,. 3� ��, .� oo, � .» � , �„ � oo� u' �' = , ; � `` .�� ^L �� ,! / �\ / o � � u� r 0 W / / � � vJ� � 00) � ' � � N / .__ �� __ / ` �— o r•– �, .- ,-�. .., r ,, '/r ; a; i� n� ..J �--= 0ll oar � 04 �� i � I! ON [7!7 � r �o.� �� L � � 0!1 � i .. i~ ..... � � � U! W ! � V � uJ '°' i �..� ' �.�� ``,' , / \ — _....^I _._.. IJ� : �Ir ' � 1 N �� � � J � � Btf �K� � 61/ �H ' ~ e� � aot ` \ ' 00/ J ��� \ / ` f-00� '�� \ / ��•� ,.. �/ G> / � // OOJ � � il ���� \/ '' i � — °�° ° �=�� - .a � ~.._ fGfop )iC�yIQShRt.yGYt� 4^1±Ia1T�'.!/uy^.u V 1911/YlyjWt% �dC�YhmP 00� ` � ' /)� � + / \ \ O�f � Or� \ \� \ \ ase e�5 0!0 , 01 ._���,�r � ��� �� 00l � South 1/2 Section 01-23-1 W Sca/e 1= 2Q0' VY//Y QW i��Z Map Number TO1S ol� .,, i- �y __'._._.._� ._ � w t , n. � �n m � -"L� _ MJ ,� c� a� ��' � � l M! u� � —_ _ � � l, ---� C�-r,Y Pa.ove►s �..��� �_ �-- , Actc�css tZo.a;c� �FOa � 1Z � i. v+1 't o F E ru T'/ , � � � o ' � 4 _ ( 11 '1 � � �.i� a -.{ �