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HomeMy WebLinkAboutWA DNR Road Use Permit Gold Mountain RD Firvana Timber Sale Private to State RUP Page 1 of 9 Road Use Permit No. 55-107724 ROAD USE PERMIT Permit No. 55-107724 THIS PERMIT, made and entered into this ____________ day of August 2024, by and between City of Bremerton, a Washington municipal corporation, herein called the "Grantor," and the State of Washington, acting by and through the Department of Natural Resources, herein called the "Grantee." Conveyance. Grantor, for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee, for the purpose 1) pre and post haul maintenance, 2) administrative access, 4) equipment haul, 5) timber haul, and 6) tree planting associated with the Firvana Timber Sale #30-105262; a nonexclusive permit to use a road over and across a strip of land, hereinafter defined as the "premises," in the S1/2SE1/4 of Section 22, NW1/4NE1/4NE1/4 of Section 27, and the NE1/4NE1/4 of Section 28, all in Township 24 North, Range 01 West, W.M., in Kitsap County, State of Washington. The location of said premises is located approximately as shown on Exhibit A, attached hereto. Said premises shall be confined to such widths as indicated on Exhibit A. The word premises, when used herein, means a strip of land whether or not there is an existing road located thereon. The word "road" shall mean roads now existing or hereafter constructed on the premises, or any segment of such road. The permit is subject to the terms and conditions hereinafter set out. Consideration. The consideration paid by the Grantee to Grantor is as follows: FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Termination. This permit shall terminate November 30, 2027, or earlier when requested by the Grantee; provided, however, that this permit may be suspended or terminated upon the breach of any of the conditions herein. Grantor may suspend or terminate this Permit by giving written notice of breach of any of the conditions herein by Grantee or its Permitees, effective fourteen (14) days after giving such notice if Grantee or Permittees do not correct the breach during the fourteen-day period; provided that, if there is an immediate threat, as reasonably determined by the Grantor, or bodily injury, death, or destruction of tangible real of personal property, Grantee or its permittees shall immediately cease the use of the Road within 24 hours after written notification by the Grantor to the Grantee. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA 21st Private to State RUP Page 2 of 9 Road Use Permit No. 55-107724 Reservations. Grantor reserves all rights incident to fee ownership of the premises and the profits thereon (including timber) and the right of use for any purpose including but not limited to the right to remove profits within the premises; the right at all times to cross and re-cross the premises at any place on grade or otherwise; and the right to use, maintain, patrol, reconstruct or repair the premises. Grantor may grant to third parties any and all rights reserved. Compliance with Laws. For all activities conducted pursuant to this Permit, each party shall, at its own expense, comply with all applicable laws in effect now and as hereafter modified. Permittees. The Grantee may permit its respective employees, agents, contractors, licensees, lessees, purchasers of timber or other profits and their agents, herein individually referred to as "Permittee" and collectively referred to as "Permittees", to exercise the rights granted to the Grantee herein. Acts or omissions of the Permittees operating under this Permit shall be deemed an act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply equally to the Permittees. Maintenance. Maintenance is defined as work normally necessary to preserve and keep the roads in their present condition or as hereafter improved. At a minimum, the roads will be maintained to meet applicable forest practice standards set forth in Chapter 222-24 WAC as now written or hereafter amended. When a road is being used solely by one party, that party shall be solely responsible for maintaining that portion of the road so used to the standards existing at the time sole use is commenced. During periods when either party and/or other parties with an easement or license jointly use the road(s), or any portion thereof, the cost of maintenance and resurfacing shall be allocated among such users on the basis of their respective use including that of their Permittees. During periods of joint maintenance, the users shall meet at times to be set by mutual agreement and establish necessary maintenance provisions. Such provisions shall include, but not be limited to the following: The appointment of a maintainer, which may be one of the parties or any third party, to perform or contract the maintenance; The extent of resurfacing necessary to keep the road safe and to reduce environmental impacts; and A method of payment by which each party using the road or a portion thereof shall pay it’s pro rata share of the cost of maintenance and resurfacing. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 3 of 9 Road Use Permit No. 55-107724 Repairs. Grantee shall repair, or cause to be repaired at its sole cost, that damage to the Road arising out of it’s use which is in excess of that which it would cause through normal and prudent usage. Damage caused by an unauthorized user shall be repaired at the expense of the Grantee if the Grantee is the sole user of the road, the Grantor if the Grantor is the sole user of the road and shared jointly if there is joint use of the road. Improvements. Unless the parties agree in writing to share the cost of improvements in advance of such improvements being made, such improvements shall be solely for the account of the improver. Prior rights. This permit is subject to any rights and valid claims previously conveyed by Grantor, and to any rights and valid claims pending on said premises. Grantee rights herein are subject to all matters of public record and to all prior unrecorded or recorded easements, permits, leases and options affecting said lands or Grantee rights across, over or upon such lands. Grantee rights herein are also subject to the rights of the Grantor to use its own lands for any and all legal purposes including the use of the land by third parties with the permission of the Grantor. Operational Restrictions. Site-specific operational requirements are listed in Exhibit B. Non- compliance with these requirements shall constitute a breach of contract and may result in the Grantor suspending operations until the breach is remedied. Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber, crops and improvements. The Grantee must notify the Grantor two (2) weeks in advance of completion of said operations for the purpose of inspection for compliance with the terms hereof. Grantee shall pay Grantor for any damage to timber, crops and improvements not identified and paid for under the terms and conditions of this Permit. Grantor shall appraise the damage at market value at the time of damage and bill Grantee for said damages at said value. Waste. Grantee shall not cause nor permit any filling activity to occur in or on the premises, except by prior written approval of the Grantor. Grantee shall not deposit refuse, garbage, or other waste matter or use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the premises except in accordance with all applicable laws. The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC 9601 et seq.), or the Washington Model Toxic Control Act (MTCA RCW 70.105D.010.). Grantee shall immediately notify the Grantor if the Grantee becomes aware of any release or threatened release of hazardous substance on the premises or adjoining property. If a release of hazardous substance occurs in, on, under, or above the premises arising out of any action of the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, the Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up, contain, and remove the hazardous substance in accordance with applicable laws. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 4 of 9 Road Use Permit No. 55-107724 Survey Markers. Grantee shall not destroy any land survey monuments marking local control points, geodetic control points, and land boundary survey corners without prior written approval from the landowner, which shall not be unreasonably withheld. Land survey monuments that must necessarily be disturbed or destroyed during construction or maintenance activities must be adequately referenced and replaced, at the Grantee’s expense, under the direction of a Professional Land Surveyor, licensed in the State of Washington, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments. As directed under Chapter 332-120 WAC, a Land Surveyor or Engineer must submit an application with the Department of Natural Resources for permission to temporarily remove or destroy a survey monument. Fire Prevention and Control. The Grantee shall be responsible for satisfying the requirements of the laws of the State of Washington pertaining to Forest Protection and, in addition thereto, the Grantee shall during the closed season of April 15 through October 15 contact Grantor who shall determine any extra requirements pertaining to burning procedure, blasting, watchman, extra patrol, pumpers, tankers, fire hoses, fire tools, etc., which are deemed necessary for prevention and suppression of fire which may result from the Grantee's operations. Indemnity by Grantee. Grantee shall defend, indemnify and hold harmless the Grantor from all claims that arise out of the negligence of the State or its Permittees in their use of the permit. A “claim” as used in this section means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys’ fees, attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the resulting loss of use. Notwithstanding the foregoing, State’s obligation to defend, indemnify, and hold harmless the Grantor from any judgment, decree or arbitration award shall extend only to the percentage of negligence of State and its Permittee in contribution to such claim. State waives its immunity under Title 51 RCW only to the extent it is required to indemnify, defend and hold harmless Grantor. This indemnification shall survive the expiration or termination of the permit. Notice. Unless otherwise specified herein, any notices required or permitted under this Permit may be delivered personally, sent by facsimile machine or mailed certified, return receipt requested, to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery or upon confirmation of facsimile, whichever is applicable. To State: To Grantor: DEPARTMENT OF NATURAL RESOURCES South Puget Sound Region 950 Farman Ave North Enumclaw, WA 98022 360-825-1631 CITY OF BREMERTON 345 6TH Street, Suite 100 Bremerton, WA 98337 360-473-5928 Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 5 of 9 Road Use Permit No. 55-107724 Integrated Agreement; Modification. This Permit constitutes the entire agreement and understanding of the parties with respect to the subject matter of the Permit and supersedes all prior negotiations and representations. This Permit may not be modified except in writing signed by the parties. The parties agree to execute any additional documents reasonably necessary to effectuate the provisions and purposes of this Permit. Severability. If any provision of this Permit is held to be invalid or unenforceable, this provision shall not affect or invalidate the remainder of this Permit, and to this end the provisions of this Permit are declared to be severable. If any such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Permit. Waiver. Failure of either party to insist upon the strict performance of any of the terms and conditions of this Permit, or failure to exercise any rights or remedies provided in this Permit or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Permit, nor shall any purported oral modification or rescission of this Permit by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, agreement, covenant, right, condition, or provision of this Permit shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, agreement, covenant, right, condition, or provision. Assignment. This Permit, and any of the rights granted herein, shall not be assigned without prior written consent of Grantor, except that said rights granted herein may be used by any Permittee, while engaged in the Grantee's operations. Construction. The terms of this Permit shall be given their ordinary meaning unless defined herein and shall not be presumptively construed against either party. Exhibits. All exhibits referred to in this Permit are deemed to be incorporated in this Permit in their entirety. Headings. The headings in this Permit are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Permit nor the meaning of any of its provisions. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 6 of 9 Road Use Permit No. 55-107724 Counterparts. This Permit may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Permit at different times and places by the parties shall not affect its validity so long as all the parties execute a counterpart of this Permit. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 7 of 9 Road Use Permit No. 55-107724 IN WITNESS WHEREOF, the parties hereto have caused this Permit to be executed as below subscribed. CITY OF BREMERTON Dated: ___________________. ___________________________________ Sean Walsh Forestry Service Manager 345 6th Street, Suite 100 Bremerton, WA 98337 360-473-5928 WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES Dated: ___________________. ___________________________________ Don Melton South Puget Sound Region Manager 950 Farman Ave N Enumclaw, WA 98022 360-825-1631 Approved as to Form this 11th day of June, 2004. By: James Schwartz Assistant Attorney General State of Washington Revised as to Form this 11th day of March, 2008 Roger Braden, Assistant Attorney General Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA 8/21/2024 8/21/2024 Private to State RUP Page 8 of 9 Road Use Permit No. 55-107724 Exhibit A Permit Premises Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA Private to State RUP Page 9 of 9 Road Use Permit No. 55-107724 EXHIBIT B OPERATIONAL REQUIREMENTS 1) Grantee and applicable Permittees shall meet on the Premises for a "pre-work" meeting to discuss safety, operational timelines and special requirements for operating within the City of Bremerton Watershed. Grantee shall not conduct any operations within the Premises until the "pre-work" meeting has been completed and a written plan of operations has been approved by the Grantor. 2) Grantee shall take special care when working near the survey monuments and shall not disturb any reference points or markers identifying the monuments. 3) Roads may not be used when continued use will result in excessive damage due to weather or other conditions. Excessive damage may include, but not be limited to: rutting greater than 4 inches, potholes deeper than 4 inches, damage to the subgrade or ditchlines, a soft or uncrowned running surface, and damage to the asphalt surface resulting in needed repair, subgrade or ditchlines. 4) Hauling of forest products shall not be permitted between October 15th and April 15th without written permission, nor permitted on weekends and State recognized holidays. 6) Grantee and its agents will observe a maximum speed of 20 miles per hour on the Premises. 8) Grantee shall ensure there are no sediment delivery issues or Forest Practice violations resulting from Grantee's use of the Premises. 9) Grantee will protect, maintain and improve the Premises as needed; protection, maintenance and improvement will include: a. Grade and shape the existing running surface as necessary pre and post haul. b. Grade and shape the existing running surface as necessary during haul operations. c. Improve the running surface with crushed rock as necessary during haul operations. d. The use of metal tracked equipment is not allowed on asphalt surfaces at any time. e. If equipment must run on asphalt surfaces, then rubber-tired equipment or other methods, approved in writing, must be used. f. Any dirt, rock, or other material tracked or spilled on the asphalt surface shall be removed. g. Any damage to the surface(s) will be repaired, at the Grantee’s expense. h. Grantee shall have asphalt surfaces reviewed by a third party, specializing in asphalt construction and repair. The third party’s scope of the damage and repairs must be agreed upon between the Grantee and the Grantor. 10) All specifications for road maintenance activities identified above are listed in the Firvana Road Plan; a copy of which is on file at the South Puget Sound Region Office. Docusign Envelope ID: E4ABFC12-7C73-4B90-8965-DCE0C01060DA