HomeMy WebLinkAboutWA Dept of Natural Resources Aquatic Lands Easement Columbia Raw Water IntakeWhen recorded, return to:
Teresa K. Reed -Jennings, PE
525 N. Third Avenue
Pasco, WA 99301
AFN # 1842314 EASE
03/10/2016 12:04 PM
26 Page(s)$98.00
Matt Beaton, Auditor
Franklin Co.. INA
No Real Estate Excise Tax Paid
-
This Instrument Exempt Under RCW.82',45
Treasurer, Franklin County
WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark- Commissioner of Public Lands
AQUATIC LANDS EASEMENT
Easement No. 51-092341
Grantor: Washington State Department of Natural Resources
Grantee(s): City of Pasco
Legal Description: NW '/< of Section 18, Township 9 North, Range 29 East, W.M.
Assessor's Property Tax Parcel or Account Number: 118221111
Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with
this Easement: 118221111
THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through
the Department of Natural Resources ("State"), and the CITY OF PASCO, a government
agency/entity ("Grantee"). State has authority to enter into this Easement under Chapter 43.12
RCW, Chapter 43.30 RCW, and Title 79 of the Revised Code of Washington (RCW).
THE Parties agree as follows:
SECTION 1 GRANT OF EASEMENT
1.1 Easement Defined.
(a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms
and conditions of this agreement, over, upon, and under the real property at the
Columbia River: described in Exhibit A. In this agreement, the term "Easement"
means this agreement and the rights granted; the term "Easement Property" means
the real property subject to the easement.
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Easement No. 51-092341
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(b) This Easement is subject to all valid interests of third parties noted in the records
of Franklin County, or on file in the Office of the Commissioner of Public Lands,
Olympia, Washington; rights of the public under the Public Trust Doctrine or
federal navigation servitude; and treaty rights of Indian Tribes.
(c) This Easement does not include any right to harvest, collect or damage any
natural resource, including aquatic life or living plants, any water rights, or any
mineral rights, including any right to excavate or withdraw sand, gravel, or other
valuable materials.
(d) This Easement does not include the right to grant easements and franchises to
third parties.
1.2 Survey and Easement Property Descriptions.
(a) Grantee prepared Exhibit A, which describes the Easement Property. Grantee
represents that Exhibit A is a true and accurate description of the Easement
boundaries and the improvements to be constructed or already existing in the
Easement area. Grantee's obligation to provide a true and accurate description of
the Easement Property boundaries is a material term of this Easement.
(b) State's acceptance of Exhibit A does not constitute agreement that Grantee's
property description accurately reflects the actual amount of land used by
Grantee. State reserves the right to retroactively adjust fees if at any time during
the Term State discovers a discrepancy between Grantee's property description
and the area actually used by Grantee.
1.3 Condition of Easement Property. State makes no representation regarding the
condition of the Easement Property, improvements located on the Easement Property, the
suitability of the Easement Property for Grantee's Permitted Use, compliance with governmental
laws and regulations, availability of utility rights, access to the Easement Property, or the
existence of hazardous substances on the Easement Property.
SECTION 2 USE
2.1 Permitted Use. Grantee shall use the Easement Property for: construction, operation,
and maintenance of one (1) 36" raw water intake (the "Permitted Use"), and for no other
purpose, including utilities unless specifically identified as part of the Permitted Use. The
Permitted Use is described or shown in detail in Exhibit B.
2.2 Restrictions on Use.
(a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state-
owned aquatic land. Grantee's compliance with this Paragraph 2.2 does not limit
Grantee's liability under any other provision of this Easement.
(b) Grantee shall not cause or permit:
(1) Damage to natural resources,
(2) Waste, or
(3) Deposit of material, unless approved by State in writing. This prohibition
includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage,
waste matter, pollutants of any type, or other matter.
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2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions
and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other
government rules and regulations regarding Grantee's use of the Easement Property.
2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of
any liens and encumbrances arising out of or relating to its use of the Easement Property, unless
expressly authorized by State in writing.
2.5 Interference with Other Uses.
(a) Grantee shall exercise Grantee's rights under this Easement in a manner that
minimizes or avoids interference with the rights of State, the public or others with
valid right to use or occupy the Easement Property or surrounding lands and
water.
(b) To the fullest extent reasonably possible, Grantee shall place and construct
Improvements in a manner that allows unobstructed movement in and on the
waters above and around the Easement Property.
(c) Except in an emergency, Grantee shall provide State with written notice of
construction or other significant activity on Easement Property at least thirty (30)
days in advance. "Significant Activity" means any activity that may affect use
or enjoyment by the State, public, or others with valid rights to use or occupy the
Easement Property or surrounding lands and water.
(d) Grantee shall mark the location and limits of the Improvements. As required by
applicable regulation, Grantee shall facilitate amendment of official navigational
charts to indicate existence and location of submerged improvements.
SECTION 3 TERM
3.1 Term Defined. The term of this Easement is thirty (30) years (the "Term"), beginning
on the first day of February, 2016 (the "Commencement Date"), and ending on the thirty first
day of January, 2046 (the "Termination Date"), unless terminated sooner under the terms of this
Easement.
3.2 Renewal of the Easement. This Easement does not provide a right of renewal. Grantee
may apply for a new Easement, which State has discretion to grant. Grantee must apply for a
new Easement at least one (1) year prior to Termination Date. State shall notify Grantee within
ninety (90) days of its intent to approve or deny a new Easement.
3.3 End of Term.
(a) Upon the expiration or termination of this Easement, Grantee shall remove
Improvements in accordance with Section 7, Improvements, and surrender the
Easement Property to State in the same or better condition as on the
Commencement Date, reasonable wear and tear excepted.
(b) Definition of Reasonable Wear and Tear.
(1) Reasonable wear and tear is deterioration resulting from the Permitted Use
that has occurred without neglect, negligence, carelessness, accident, or
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abuse by Grantee or Grantee's contractors, agents, invitees, guests,
employees, affiliates, licensees, or permittees.
(2) Reasonable wear and tear does not include any deposit of material
prohibited under Paragraph 2.2(b) unless expressly permitted by State in
writing and regardless of whether the deposit is incidental to or the
byproduct of the Permitted Use.
(c) If Easement Property is in worse condition, excepting for reasonable wear and
tear, on the surrender date than on the Commencement Date, the following
provisions apply.
(1) State shall provide Grantee a reasonable time to take all steps necessary to
remedy the condition of the Easement Property. State may require
Grantee to enter into a right -of -entry or other use authorization prior to the
Grantee entering the Easement Property to remedy any breach of this
Paragraph 3.3.
(2) If Grantee fails to remedy the condition of the Easement Property in a
timely manner, State may take any steps reasonably necessary to remedy
Grantee's failure. Upon demand by State, Grantee shall pay all costs of
such remedial action, including but not limited to the costs of removing
and disposing of any material deposited improperly on the Easement
Property, lost revenue resulting from the condition of the Easement
Property prior to and during remedial action, and any administrative costs
associated with the remedial action.
SECTION 4 FEES
4.1 Fee. For the Term, Grantee shall pay to State an administrative fee calculated in
accordance with RCW 79.110.230(1), payable on or before the Commencement Date. Any
payment not paid by State's close of business on the date due is past due.
4.2 Payment Place. Grantee shall make payment to Financial Management Division, 1111
Washington St SE, PO Box 47041, Olympia, WA 98504-7041.
SECTION 5 OTHER EXPENSES
5.1 Utilities. Grantee shall pay all fees charged for utilities required or needed by the
Permitted Use.
5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other
governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the
Permitted Use.
5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement,
State may pay the amount due, and recover its cost in accordance with Section 6.
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SECTION 6 LATE PAYMENTS AND OTHER CHARGES
6.1 Failure to Pay. Failure to pay any fees or other expenses is a default by Grantee. State
may seek remedies in Section 14 as well as late charges and interest as provided in this Section
6.
6.2 Late Charge. If State does not receive any payment within ten (10) days of the date due,
Grantee shall pay to State a late charge equal to four percent (4%) of the unpaid or Fifty Dollars
($50), whichever is greater, to defray the overhead expenses of State incident to the delay.
6.3 Interest Penalty for Past Due Fees and Other Sums Owed.
(a) Grantee shall pay interest on the past due fee at the rate of one percent (I%) per
month until paid, in addition to paying the late charges determined under
Paragraph 6.2. Fee not paid by the close of business day on the due date will
begin accruing interest the day after the due date.
(b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall
reimburse State for the amount paid or advanced and shall pay interest on that
amount at the rate of one percent (1%) per month from the date State notifies
Grantee of the payment or advance. This includes, but is not limited to taxes,
assessments, insurance premiums, costs of removal and disposal of unauthorized
materials pursuant to Paragraph 2.2 above, costs of removal and disposal of
improvements pursuant to Section 7 below, or other amounts not paid when due.
6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive
payment within thirty (30) days of the due date, State may refer the unpaid amount to a
collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee
shall pay collection agency fees in addition to the unpaid amount.
6.5 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount
less than the full amount then due, State may apply such payment as it elects. No endorsement
or statement on any check, any payment, or any letter accompanying any check or payment
constitutes accord and satisfaction.
SECTION 7 IMPROVEMENTS
7.1 Improvements Defined.
(a) "Improvements," consistent with RCW 79.105 through 79.145, are additions
within, upon, or attached to the land. This includes, but is not limited to,
structures and fixtures.
(b) "Personal Property" means items that can be removed from the Easement
Property without (1) injury to the Easement Property, adjacent state-owned lands
or Improvements or (2) diminishing the value or utility of the Easement Property,
adjacent state-owned lands or Improvements.
(c) "State -Owned Improvements" are Improvements made or owned by State. State -
Owned Improvements includes any construction, alteration, or addition to State -
Owned Improvements made by Grantee.
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(d) "Grantee -Owned Improvements" are Improvements made by Grantee with State's
consent.
(e) "Unauthorized Improvements" are Improvements made on the Easement Property
without State's prior consent or Improvements made by Grantee that do not
conform with plans submitted to and approved by the State.
(f) "Improvements Owned by Others" are Improvements made by Others with a right
to occupy or use the Easement Property or adjacent state-owned lands.
7.2 Existing Improvements. On the Commencement Date, the following Improvements are
located on the Easement Property: One Light Speed Networks Fiber Optic Cable authorized
under easement 51-089305, one Franklin County PUD Fiber Optic Cable authorized under
easement 51-076683, and one WSDOT bridge authorized under easement 51-SR1206.
Improvements are improvements owned by others.
7.3 Construction, Major Repair, Modification, and Demolition.
(a) This Paragraph 7.3 governs construction, alteration, replacement, major repair,
modification alteration, demolition and deconstruction of Improvements
("Work").
(b) All Work must conform with State's standards for Improvements current at the
time Grantee submits plans and specifications for State's approval. Paragraph
11.3 also applies to all Work under this Paragraph 7.3.
(c) Except in an emergency, Grantee shall not conduct any Work without State's
prior written consent, as follows:
(1) State may deny consent if State determines that denial is in the best
interests of the State. State may impose additional conditions reasonably
intended to protect and preserve the Easement Property. If Work is for
removal of Improvements at End of Term, State may waive removal of
some or all Improvements.
(2) Except in an emergency, Grantee shall submit to State plans and
specifications describing the proposed Work at least sixty (60) days before
submitting permit applications to regulatory authorities unless Grantee and
State otherwise agree to coordinate permit applications. At a minimum, or
if no permits are necessary, Grantee shall submit plans and specifications
at least ninety (90) days before commencement of Work.
(3) State waives the requirement for consent if State does not notify Grantee
of its grant or denial of consent within sixty (60) days of submittal.
(d) Grantee shall notify State of emergency Work within five (5) business days of the
start of such Work. Upon State's request, Grantee shall provide State with plans
and specifications or as-builts of emergency Work.
(e) Grantee shall not commence or authorize Work until Grantee or Grantee's
contractor has:
(1) Obtained a performance and payment bond in an amount equal to one
hundred twenty-five percent (125%) of the estimated cost of construction.
Grantee shall maintain the performance and payment bond until Grantee
pays in full the costs of the Work, including all laborers and material
persons.
(2) Obtained all required permits.
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(3) Provided notice of Significant Activity in accordance with Paragraph
2.5(c).
(f) Grantee shall preserve and protect Improvements Owned by Others, if any.
(g) Grantee shall preserve all legal land subdivision survey markers and witness
objects ("Markers"). If disturbance of a Marker will be a necessary consequence
of Grantee's construction, Grantee shall reference and/or replace the Marker in
accordance with all applicable laws and regulations current at the time, including,
but not limited to Chapter 58.24 RCW. At Grantee's expense, Grantee shall
retain a registered professional engineer or licensed land surveyor to reestablish
destroyed or disturbed Markers in accordance with U.S. General Land Office
standards.
(h) Before completing Work, Grantee shall remove all debris and restore the
Easement Property, as nearly as possible, to the condition prior to the
commencement of Work. If Work is intended for removal of hnprovements at
End of Term, Grantee shall restore the Easement Property in accordance with
Paragraph 3.3, End of Term.
(i) Upon completing work, Grantee shall promptly provide State with as -built plans
and specifications.
(j) State shall not charge rent for authorized Improvements installed by Grantee
during this Term of this Easement, but State may charge rent for such
hnprovements when and if the Grantee or successor obtains a subsequent use
authorization for the Easement Property and State has waived the requirement for
Improvements to be removed as provided in Paragraph 7.4.
7.4 Grantee -Owned Improvements at End of Easement.
(a) Disposition.
(1) Grantee shall remove Grantee -Owned Improvements in accordance with
Paragraph 7.3 upon the expiration, termination, or cancellation of the
Easement unless State waives the requirement for removal.
(2) Grantee -Owned Improvements remaining on the Easement Property on the
expiration, termination, or cancellation date become State -Owned
Improvements without payment by State, unless State elects otherwise.
State may refuse or waive ownership.
(3) If Grantee -Owned Improvements remain on the Easement Property after
the expiration, termination, or cancellation date without State's consent,
State may remove all Improvements and Grantee shall pay the costs of
removal and disposal.
(b) Conditions Under Which State May Waive Removal of Grantee -Owned
Improvements.
(1) State may waive removal of any or all Grantee -Owned Improvements
whenever State determines that it is in the best interests of the State.
(2) If Grantee renews the Easement or enters into a new Easement, State may
waive requirement to remove Grantee -Owned Improvements. State also
may consent to Grantee's continued ownership of Grantee -Owned
Improvements.
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(3) If Grantee does not renew the Easement or enter into a new Easement,
State may waive requirement to remove Grantee -Owned Improvements
upon consideration of a timely request from Grantee, as follows:
(i) Grantee must notify State at least one (1) year before the
Termination Date of its request to leave Grantee -Owned
Improvements.
(ii) State, within ninety (90) days, will notify Grantee whether State
consents to any or all Grantee -Owned Improvements remaining.
State has no obligation to grant consent.
(iii) State's failure to respond to Grantee's request to leave
Improvements within ninety (90) days is a denial of the request.
(c) Grantee's Obligations if State Waives Removal.
(1) Grantee shall not remove Improvements if State waives the requirement
for removal of any or all Grantee -Owned Improvements.
(2) Grantee shall maintain such Improvements in accordance with this
Easement until the expiration, termination, or cancellation date. Grantee
is liable to State for cost of repair if Grantee causes or allows damage to
Improvements State has designated to remain.
7.5 Disposition of Unauthorized Improvements.
(a) Unauthorized Improvements belong to State, unless State elects otherwise.
(b) State may either:
(1) Consent to Grantee ownership of the Improvements, or
(2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the
Improvements from the time of installation or construction and
(i) Require Grantee to remove the Improvements in accordance with
Paragraph 7.3, in which case Grantee shall pay use and occupancy
fee for the Improvements until removal,
(ii) Consent to Improvements remaining and Grantee shall pay use and
occupancy fee for the use of the Improvements, or
(iii) Remove Improvements and Grantee shall pay for the cost of
removal and disposal, in which case Grantee shall pay use and
occupancy fee for use of the Improvements until removal and
disposal.
7.6 Disposition of Personal Property.
(a) Grantee retains ownership of Personal Property unless Grantee and State agree
otherwise in writing.
(b) Grantee shall remove Personal Property from the Easement Property by the
Termination Date. Grantee is liable for any damage to the Easement Property and
to any Improvements that may result from removal of Personal Property.
(c) State may sell or dispose of all Personal Property left on the Easement Property
after the Termination Date.
(1) If State conducts a sale of Personal Property, State shall apply proceeds
first to the State's administrative costs in conducting the sale, second to
payment of amount that then may be due from the Grantee to the State,
and State shall pay the remainder, if any, to the Grantee.
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(2) If State disposes of Personal Property, Grantee shall pay for the cost of
removal and disposal.
SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATIONS
8.1 Definitions.
(a) "Hazardous Substance" means any substance that now or in the future becomes
regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection,
contamination, pollution, or cleanup.
(b) "Release or threatened release of Hazardous Substance" means a release or
threatened release as defined under any law described in Paragraph 8.1(a).
(c) "Utmost care" means such a degree of care as would be exercised by a very
careful, prudent, and competent person under the same or similar circumstances;
the standard of care applicable under the Washington State Model Toxics Control
Act ("MTCA"), Chapter 70.105 RCW, as amended.
(d) "Grantee and affiliates" when used in this Section 8 means Grantee or Grantee's
subgrantees, contractors, agents, employees, guests, invitees, licensees, affiliates,
or any person on the Easement Property with the Grantee's permission.
(e) "Liabilities" as used in this Section 8 means any claims, demands, proceedings,
lawsuits, damages, costs, expenses, fees (including attorneys' fees and
disbursements), penalties, or judgments.
8.2 General Conditions.
(a) Grantee's obligations under this Section 8 extend to the area in, on, under, or
above:
(1) The Easement Property and
(2) Adjacent state-owned aquatic lands if affected by a release of Hazardous
Substances that occurs as a result of the Permitted Use.
(b) Standard of Care.
(1) Grantee shall exercise the utmost care with respect to Hazardous
Substances.
(2) As relates to the Permitted Use, Grantee shall exercise utmost care for the
foreseeable acts or omissions of third parties with respect to Hazardous
Substances, and the foreseeable consequences of those acts or omissions,
to the extent required to establish a viable, third -parry defense under the
law.
8.3 Current Conditions and Duty to Investigate.
(a) State makes no representation about the condition of the Easement Property.
Hazardous Substances may exist in, on, under, or above the Easement Property.
(b) This Easement does not impose a duty on State to conduct investigations or
supply information to Grantee about Hazardous Substances.
(c) Grantee is responsible for conducting all appropriate inquiry and gathering
sufficient information about the existence, scope, and location of Hazardous
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Substances on or near the Property necessary for Grantee to meet Grantee's
obligations under this Easement and utilize the Property for the Permitted Use.
8.4 Use of Hazardous Substances.
(a) Grantee and affiliates shall not use, store, generate, process, transport, handle,
release, or dispose of Hazardous Substances, except in accordance with all
applicable laws.
(b) Grantee shall not undertake, or allow others to undertake by Grantee's
permission, acquiescence, or failure to act, activities that result in a
release or threatened release of Hazardous Substances.
(c) If use of Hazardous Substances related to the Permitted Use results in a violation
of law:
(1) Grantee shall submit to State any plans for remedying the violations, and
(2) Grantee shall implement any measures to restore the Easement Property or
natural resources that State may require in addition to remedial measures
required by regulatory authorities.
8.5 Management of Contamination, if any.
(a) Grantee and affiliates shall not undertake activities that:
(1) Damage or interfere with the operation of remedial or restoration
activities, if any;
(2) Result in human or environmental exposure to contaminated sediments, if
any;
(3) Result in the mechanical or chemical disturbance of on-site habitat
mitigation, if any.
(b) If requested, Grantee shall allow reasonable access to:
(1) Employees and authorized agents of the Environmental Protection
Agency, the Washington State Department of Ecology, health department,
or other similar environmental agencies; and
(2) Potentially liable or responsible parties who are the subject of an order or
consent decree that requires access to the Easement Property. Grantee
may negotiate an access agreement with such parties, but Grantee may not
unreasonably withhold such agreement.
8.6 Notification and Reporting.
(a) Grantee shall immediately notify State if Grantee becomes aware of any of the
following:
(1) A release or threatened release of Hazardous Substances;
(2) Any new discovery of or new information about a problem or liability
related to, or derived from, the presence of Hazardous Substances;
(3) Any lien or action arising from Hazardous substances;
(4) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous
Substances;
(5) Any notification from the US Environmental Protection Agency (EPA) or
the Washington State Department of Ecology (DOE) that remediation or
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removal of Hazardous Substances is or may be required at the Easement
Property.
(b) Grantee's duty to report under Paragraph 8.6(a) extends to lands described in
Paragraph 8.2(a) and to any other property used by Grantee in conjunction with
the Easement Property if a release of Hazardous Substances on the other property
could affect the Easement Property.
(c) Grantee shall provide State with copies of all documents Grantee submits to any
federal, state, or local authorities concerning environmental impacts or proposals
relative to the Easement Property. Documents subject to this requirement include,
but are not limited to, applications, reports, studies, or audits for National
Pollution Discharge and Elimination System Permits; Army Corps of Engineers
permits; State Hydraulic Project Approvals (HPA); State Water Quality
certification; Substantial Development permit; and any reporting necessary for the
existence, location, and storage of Hazardous Substances on the Property.
8.7 Indemnification.
(a) Grantee shall fully indemnify, defend, and hold State harmless from and against
Liabilities that arise out of, or relate to:
(1) The use, storage, generation, processing, transportation, handling, or
disposal of any Hazardous Substance by Grantee and affiliates occurring
whenever Grantee uses or has used the Easement Property;
(2) The release or threatened release of any Hazardous Substance resulting
from any act or omission of Grantee and affiliates occurring whenever
Grantee uses or has used the Easement Property.
(b) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities
that arise out of or relate to Grantee's breach of obligations under Paragraph 8.5.
8.8 Reservation of Rights.
(a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the
Parties expressly reserve and do not waive any rights, claims, immunities, causes
of action, or defenses relating to Hazardous Substances that either Party may have
against the other under law.
(b) The Parties expressly reserve all rights, claims, immunities, and defenses either
Party may have against third parties. Nothing in this Section 8 benefits or creates
rights for third parties.
(c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8
do not release either Party from or affect the liability of either Party for Hazardous
Substances claims or actions by regulatory agencies.
8.9 Cleanup.
(a) If Grantee's act, omission, or breach of obligation under Paragraph 8.4 results in a
release of Hazardous Substances that exceeds the threshold limits of any
applicable regulatory standard, Grantee shall, at Grantee's sole expense, promptly
take all actions necessary or advisable to clean up the Hazardous Substances in
accordance with applicable law.
(b) Grantee may undertake a cleanup of the Property pursuant to the Washington
State Department of Ecology's Voluntary Cleanup Program, provided that
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Grantee cooperates with the Department of Natural Resources in development of
cleanup plans. Grantee shall not proceed with Voluntary Cleanup without the
Department of Natural Resources approval of final plans. Nothing in the
operation of this provision is an agreement by the Department of Natural
Resources that the Voluntary Cleanup complies with any laws or with the
provisions of this Easement. Grantee's completion of a Voluntary Cleanup is not
a release from or waiver of any obligation for Hazardous Substances under this
Easement.
8.10 Sampling by State, Reimbursement, and Split Samples.
(a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of
the Easement Property at any time to determine the existence, scope, or effects of
Hazardous Substances.
(b) If such Tests, along with any other information, demonstrate a breach of
Grantee's obligations regarding Hazardous Substances under this Easement,
Grantee shall promptly reimburse State for all costs associated with the Tests,
provided State gave Grantee thirty (30) calendar days advance notice in
nonemergencies and reasonably practical notice in emergencies.
(c) In nonemergencies, Grantee is entitled to obtain split samples of Test samples,
provided Grantee gives State written notice requesting split samples at least ten
(10) calendar days before State conducts Tests. Upon demand, Grantee shall
promptly reimburse State for additional cost, if any, of split samples.
(d) If either Party conducts Tests on the Property, the conducting Party shall provide
the other with validated final data and quality assurance/quality control/chain of
custody information about the Tests within sixty (60) calendar days of a written
request by the other party, unless Tests are part of a submittal under Paragraph
8.6(c) in which case Grantee shall submit data and information to State without
written request by State. Neither party is obligated to provide any analytical
summaries or the work product of experts.
SECTION 9 ASSIGNMENT
Grantee shall not assign any part of Grantee's interest in this Easement or the Easement Property
or grant any rights or franchises to third parties without State's prior written consent, which State
shall not unreasonably condition or withhold. State reserves the right to reasonably change the
terms and conditions of this Easement upon State's consent to assignment.
SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE
10.1 Indemnity.
(a) Grantee shall indemnify, defend, and hold State, its employees, officers, and
agents harmless from any Claims arising out of the Permitted Use or activities
related to the Permitted Use by Grantee, its contractors, agents, invitees, guests,
employees, affiliates, licensees, or permittees.
Aquatic Lands Easement Page 12 of 26 Easement No. 51-092341
(b) "Claim" as used in this Paragraph 10.1 means any financial loss, claim, suit,
action, damages, expenses, fees (including attorneys' fees), penalties, or
judgments attributable to bodily injury, sickness, disease, death, and damages to
tangible property, including, but not limited to, land, aquatic life, and other
natural resources. "Damages to tangible property" includes, but is not limited to,
physical injury to the Easement Property and damages resulting from loss of use
of the Easement Property.
(c) State shall not require Grantee to indemnify, defend, and hold State harmless for
claims that arise solely out of the willful or negligent act of State or State's
elected officials, employees, or agents.
(d) Grantee waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold State and its agencies, officials, agents, or employees
harmless.
(e) Section 8, Environmental Liability/Risk Allocation, exclusively governs
Grantee's liability to State for Hazardous Substances and its obligation to
indemnify, defend, and hold State harmless for Hazardous Substances.
10.2 Insurance Terms.
(a) Insurance Required.
(1) At its own expense, Grantee shall procure and maintain during the Term
of this Easement, the insurance coverages and limits described in this
Paragraph 10.2 and in Paragraph 10.3, Insurance Types and Limits. State
may terminate this Easement if Grantee fails to maintain required
insurance.
(2) Unless State agrees to an exception, Grantee shall provide insurance
issued by an insurance company or companies admitted to do business in
the State of Washington and have a rating of A- or better by the most
recently published edition of Best's Reports. Grantee may submit a
request to the risk manager for the Department of Natural Resources to
approve an exception to this requirement. If an insurer is not admitted, the
insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
(3) All general liability, excess, umbrella, property, builder's risk, and
pollution legal liability insurance policies must name the State of
Washington, the Department of Natural Resources, its elected and
appointed officials, agents, and employees as an additional insured.
(4) All insurance provided in compliance with this Easement must be primary
as to any other insurance or self-insurance programs afforded to or
maintained by State.
(b) Waiver.
(1) Grantee waives all rights against State for recovery of damages to the
extent insurance maintained pursuant to this Easement covers these
damages.
(2) Except as prohibited by law, Grantee waives all rights of subrogation
against State for recovery of damages to the extent that they are covered
by insurance maintained pursuant to this Easement.
(c) Proof of Insurance.
Aquatic Lands Easement Page 13 of 26 Easement No. 51-092341
(1) Grantee shall provide State with a certificate(s) of insurance executed by a
duly authorized representative of each insurer, showing compliance with
insurance requirements specified in this Easement and, if requested, copies
of policies to State.
(2) The certificate(s) of insurance must reference additional insureds and the
Easement number.
(3) Receipt of such certificates or policies by State does not constitute
approval by State of the terms of such policies.
(d) State must receive written notice before cancellation or non -renewal of any
insurance required by this Easement, as follows:
(1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance
Commissioner): If cancellation is due to non-payment of premium,
provide State ten (10) days' advance notice of cancellation; otherwise,
provide State forty-five (45) days' advance notice of cancellation or non-
renewal.
(2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to
non-payment of premium, provide State ten (10) days' advance notice of
cancellation; otherwise, provide State thirty (30) days' advance notice of
cancellation or non -renewal.
(e) Adjustments in Insurance Coverage.
(1) State may impose changes in the limits of liability for all types of
insurance as State deems necessary.
(2) Grantee shall secure new or modified insurance coverage within thirty
(30) days after State requires changes in the limits of liability.
(f) If Grantee fails to procure and maintain the insurance described above within
fifteen (15) days after Grantee receives a notice to comply from State, State may
either:
(1) Deem the failure an Event of Default under Section 14, or
(2) Procure and maintain comparable substitute insurance and pay the
premiums. Upon demand, Grantee shall pay to State the full amount paid
by State, together with interest at the rate provided in Paragraph 6.2 from
the date of State's notice of the expenditure until Grantee's repayment.
(g) General Terms.
(1) State does not represent that coverage and limits required under this
Easement are adequate to protect Grantee.
(2) Coverage and limits do not limit Grantee's liability for indemnification
and reimbursements granted to State under this Easement.
(3) The Parties shall use any insurance proceeds payable by reason of damage
or destruction to Easement Property first to restore the Easement Property,
then to pay the cost of the reconstruction, then to pay the State any sums in
arrears, and then to Grantee.
10.3 Insurance Types and Limits.
(a) General Liability Insurance.
(1) Grantee shall maintain commercial general liability insurance (CGL) or
marine general liability (MGL) covering claims for bodily injury, personal
injury, or property damage arising on the Easement Property and/or
Aquatic Lands Easement Page 14 of 26 Easement No. 51-092341
arising out of the Permitted Use and, if necessary, commercial umbrella
insurance with a limit of not less than One Million Dollars ($1,000,000)
per each occurrence. If such CGL or MGL insurance contains aggregate
limits, the general aggregate limit must be at least twice the "each
occurrence" limit. CGL or MGL insurance must have products -completed
operations aggregate limit of at least two times the "each occurrence"
limit.
(2) CGL insurance must be written on Insurance Services Office (ISO)
Occurrence Form CG 00 01 (or a substitute form providing equivalent
coverage). All insurance must cover liability arising out of premises,
operations, independent contractors, products completed operations,
personal injury and advertising injury, and liability assumed under an
insured contract (including the tort liability of another party assumed in a
business contract) and contain separation of insured (cross -liability)
condition.
(3) MGL insurance must have no exclusions for non -owned watercraft.
(b) Workers' Compensation.
(1) State of Washington Workers' Compensation.
(i) Grantee shall comply with all State of Washington workers'
compensation statutes and regulations. Grantee shall provide
workers' compensation coverage for all employees of Grantee.
Coverage must include bodily injury (including death) by accident
or disease, which arises out of or in connection with the Permitted
Use or related activities.
(ii) If Grantee fails to comply with all State of Washington workers'
compensation statutes and regulations and State incurs fines or is
required by law to provide benefits to or obtain coverage for such
employees, Grantee shall indemnify State. Indemnity includes all
fines; payment of benefits to Grantee, employees, or their heirs or
legal representatives; and the cost of effecting coverage on behalf
of such employees.
(2) Longshore and Harbor Workers' and Jones Acts. Longshore and Harbor
Workers' Act (33 U.S.C. Section 901 et seq.) and/or the Jones Act (46
U.S.C. Section 688) may require Grantee to provide insurance coverage in
some circumstances. Grantee shall ascertain if such insurance is required
and, if required, shall maintain insurance in compliance with law. Grantee
is responsible for all civil and criminal liability arising from failure to
maintain such coverage.
(c) Employers' Liability Insurance. Grantee shall procure employers' liability
insurance, and, if necessary, commercial umbrella liability insurance with limits
not less than One Million Dollars ($1,000,000) each accident for bodily injury by
accident or One Million Dollars ($1,000,000) each employee for bodily injury by
disease.
(d) Property Insurance.
(1) Grantee shall buy and maintain property insurance covering all real
property and fixtures, equipment, improvements and betterments
(regardless of whether owned by Grantee or State). Such insurance must
Aquatic Lands Easement Page 15 of 26 Easement No. 51-092341
be written on an all risks basis and, at minimum, cover the perils insured
under ISO Special Causes of Loss Form CP 10 30, and cover the full
replacement cost of the property insured. Such insurance may have
commercially reasonable deductibles. Any coinsurance requirement in the
policy must be waived. The policy must include State as an insured and a
loss payee.
(2) In the event of any loss, damage, or casualty which is covered by one or
more of the types of insurance described above, the Parties shall proceed
cooperatively to settle the loss and collect the proceeds of such insurance,
which State shall hold in trust, including interest earned on such proceeds,
for use according to the terms of this Easement. The Parties shall use
insurance proceeds in accordance with Paragraph 10.2(g)(3).
(3) When sufficient funds are available, using insurance proceeds described
above, the Parties shall continue with reasonable diligence to prepare
plans and specifications for, and thereafter carry out, all work necessary
to:
(i) Repair and restore damaged Improvements to their former
condition, or
(ii) Replace and restore damaged Improvements with new
Improvements on the Easement Property of a quality and
usefulness at least equivalent to, or more suitable than, damaged
Improvements.
(e) Builder's Risk Insurance.
(1) Grantee shall procure and maintain in force, or require its contractor(s) to
procure and maintain in force, builder's risk insurance on the entire work
during the period construction is in progress and until completion of the
project. Such insurance must be written on a completed form and in an
amount equal to the value of the completed Improvements, subject to
subsequent modifications to the sum. The insurance must be written on a
replacement cost basis. The insurance must name Grantee, all contractors,
and subcontractors in the work as insured. State must be named additional
insured as required by Paragraph 10.2(a)(3).
(2) Insurance described above must cover or include the following:
(i) All risks of physical loss except those specifically excluded in the
policy, including loss or damage caused by collapse;
(ii) The entire work on the Easement Property, including reasonable
compensation for architect's services and expenses made necessary
by an insured loss;
(iii) Portions of the work located away from the Easement Property but
intended for use at the Easement Property, and portions of the
work in transit;
(iv) Scaffolding, falsework, and temporary buildings located on the
Easement Property; and
(v) The cost of removing debris, including all demolition as made
legally necessary by the operation of any law, ordinance, or
regulation.
Aquatic Lands Easement Page 16 of 26 Easement No. 51-092341
(3) Grantee or Grantee'(s) contractor(s) is responsible for paying any part of
any loss not covered because of application of a deductible contained in
the policy described above.
(4) Grantee or Grantee'(s) contractor shall buy and maintain boiler and
machinery insurance required by contract documents or by law, covering
insured objects during installation and until final acceptance by permitting
authority. If testing is performed, such insurance must cover such
operations. The insurance must name Grantee, all contractors, and
subcontractors in the work as insured. State must be named additional
insured as required by Paragraph 10.2(a)(3).
(f) Business Auto Policy Insurance.
(1) Grantee shall maintain business auto liability insurance and, if necessary,
commercial umbrella liability insurance with a limit not less than One
Million Dollars ($1,000,000) per accident. Such insurance must cover
liability arising out of "Any Auto."
(2) Business auto coverage must be written on ISO Form CA 00 01, or
substitute liability form providing equivalent coverage. If necessary, the
policy must be endorsed to provide contractual liability coverages and
cover a "covered pollution cost or expense" as provided in the 1990 or
later editions of CA 00 01.
10.4 Financial Security.
(a) At its own expense, Grantee shall procure and maintain during the Tenn of this
Easement a corporate security bond or provide other financial security that State
may approve ("Security"). Grantee shall provide Security in an amount equal to
zero Dollars ($0.00), which is consistent with RCW 79.105.330, and secures
Grantee's performance of its obligations under this Easement, with the exception
of the obligations under Section 8, Environmental Liability/Risk Allocation.
Grantee's failure to maintain the Security in the required amount during the Tenn
constitutes a breach of this Easement.
(b) All Security must be in a form acceptable to the State.
(1) Bonds must be issued by companies admitted to do business within the
State of Washington and have a raring of A-, Class VII or better, in the
most recently published edition of Best's Reports, unless State approves
an exception. Grantee may submit a request to the Risk Manager for the
Department of Natural Resources for an exception to this requirement.
(2) Letters of credit, if approved by State, must be irrevocable, allow State to
draw funds at will, provide for automatic renewal, and comply with RCW
62A.5-101, et. seq.
(3) Savings account assignments, if approved by State, must allow State to
draw funds at will.
(c) Adjustment in Amount of Security.
(1) State may require an adjustment in the Security amount:
(i) At the same time as revaluation, if any,
(ii) As a condition of approval of assignment of this Easement,
(iii) Upon a material change in the condition or disposition of any
Improvements, or
Aquatic Lands Easement Page 17 of 26 Easement No. 51-092341
(iv) Upon a change in the Permitted Use.
(2) Grantee shall deliver a new or modified form of Security to State within
thirty (30) days after State has required adjustment of the amount of the
Security.
(d) Upon any default by Grantee in its obligations under this Easement, State may
collect on the Security to offset the liability of Grantee to State. Collection on the
Security does not (1) relieve Grantee of liability, (2) limit any of State's other
remedies, (3) reinstate or cure the default or (4) prevent termination of the
Easement because of the default.
SECTION 11 MAINTENANCE AND REPAIR
11.1 State's Repairs. State shall not be required to make any alterations,
maintenance, replacements, or repairs in, on, or about the Easement Property, or any
part thereof, during the Term.
11.2 Grantee's Repairs and Maintenance.
(a) Grantee shall, at its sole cost and expense, keep and maintain the Easement
Property and all improvements (regardless of ownership) in good order and
repair, in a clean, attractive, and safe condition.
(b) Grantee shall, at its sole cost and expense, make any and all additions,
repairs, alterations, maintenance, replacements, or changes to the
Easement Property or to any improvements on the Easement Property
which may be required by any public authority having jurisdiction over
the Easement Property and requiring it for public health, safety and
welfare purposes.
(c) Except as provided in Section 11.2(d), all additions, repairs, alterations,
replacements or changes to the Easement Property and to any
improvements on the Easement Property shall be made in accordance with,
and ownership shall be governed by, Section 7, above.
(d) Routine maintenance and repair are acts intended to prevent a decline, lapse or,
cessation of the Permitted Use and associated Improvements. Routine
maintenance or repair that does not require regulatory permits does not require
authorization from State pursuant to Section 7.
SECTION 12 DAMAGE OR DESTRUCTION
12.1 Notice and Repair.
(a) In the event of any known damage to or destruction of the Easement Property or
any Improvements, Grantee shall promptly give written notice to State. State
does not have actual knowledge of the damage or destruction of the Easement
Property or any Improvements without Grantee's written notice.
(b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct, repair, or
replace any Improvements in accordance with Paragraph 7.3, Construction, Major
Repair, Modification, and Demolition, as nearly as possible to its condition
Aquatic Lands Easement Page 18 of 26 Easement No. 51-092341
immediately prior to the damage or destruction. Where damage to state-owned
aquatic land or natural resources is attributable to the Permitted Use or related
activities, Grantee shall promptly restore the lands or resources to the condition
preceding the damage in accordance with Paragraph 7.3 unless otherwise agreed
in writing.
12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of
the Easement Property unless State provides written notice to Grantee of each specific claim
waived.
12.3 Insurance Proceeds. Grantee's duty to reconstruct, repair, or replace any damage or
destruction of the Easement Property or any Improvements on the Easement Property is not
conditioned upon the availability of any insurance proceeds to Grantee from which the cost of
repairs may be paid. The Parties shall use insurance proceeds in accordance with Paragraph
10.2(g)(3).
SECTION 13 CONDEMNATION
In the event of condemnation, the Parties shall allocate the award between State and Grantee
based upon the ratio of the fair market value of (1) Grantee's rights in the Easement Property and
Grantee -Owned Improvements and (2) State's interest in the Easement Property; the
reversionary interest in Grantee -Owned Improvements, if any; and State -Owned hnprovements.
In the event of a partial taking, the Parties shall compute the ratio based on the portion of
Easement Property or Improvements taken. If Grantee and State are unable to agree on the
allocation, the Parties shall submit the dispute to binding arbitration in accordance with the rules
of the American Arbitration Association.
SECTION 14 REMEDIES AND TERNIINATION
14.1 Breach.
(a) State may terminate this Easement upon Grantee's failure to cure a breach of its
terms within sixty (60) days of State's written notice of breach.
(b) For nonmonetary breach not capable of cure within sixty (60) days, State will not
unreasonably withhold approval of a reasonable alternative cure schedule.
Grantee must submit a cure schedule within thirty (30) days of a notice of breach.
State shall not terminate if State approves the schedule and Grantee works
diligently and in good faith to execute the cure. State may terminate if Grantee
fails to timely submit a schedule or fails to cure in accordance with an approved
schedule.
(c) If breach arises from Grantee's failure to comply with restrictions on Permitted
use under Paragraph 2.2, State may, without terminating this Easement, restore
the natural resources or Property and charge Grantee restoration costs and/or
charge Grantee damages. On demand by State, Grantee shall pay all costs and/or
damages.
Aquatic Lands Easement Page 19 of 26 Easement No. 51-092341
14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of
three (3) successive years, this Easement terminates without further action by State. Grantee's
rights revert to State upon Termination by Nonuse.
14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State
with sixty (60) days written notice of intent to terminate. Grantee shall comply with Paragraph
3.3, End of Term.
14.4 Remedies Not Exclusive. The remedies specified under this Section 14 are not exclusive
of any other remedies or means of redress to which the State is lawfully entitled for Grantee's
breach or threatened breach of any provision of this Easement.
SECTION 15 NOTICE AND SUBMITTALS
Following are the locations for delivery of notice and submittals required or permitted under this
Easement. Any Party may change the place of delivery upon ten (10) days written notice to the
other.
State: DEPARTMENT OF NATURAL RESOURCES
Aquatic Resources Division, Rivers District
PO Box 280
Castle Rock, WA 98611
Grantee: CITY OF PASCO
P.O. Box 293, 525 North Third Avenue
Pasco, WA 99301
The Parties may deliver any notice in person, by facsimile machine, or by certified mail.
Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of
a confirmation report if delivered by facsimile machine, or three (3) days after mailing. All
notices must identify the Easement number. On notices transmitted by facsimile machine, the
Parties shall state the number of pages contained in the notice, including the transmittal page, if
any.
SECTION 16 MISCELLANEOUS
16.1 Authority. Grantee and the person or persons executing this Easement on behalf of
Grantee represent that Grantee is qualified to do business in the State of Washington, that
Grantee has full right and authority to enter into this Easement, and that each and every person
signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee shall provide
evidence satisfactory to State confirming these representations.
16.2 Successors and Assigns. This Easement binds and inures to the benefit of the Parties,
their successors, and assigns.
Aquatic Lands Easement Page 20 of 26 Easement No. 51-092341
16.3 Headings. The headings used in this Easement are for convenience only and in no way
define, limit, or extend the scope of this Easement or the intent of any provision.
16.4 Entire Agreement. This Easement, including the exhibits and addenda, if any, contains
the entire agreement of the Parties. This Easement merges all prior and contemporaneous
agreements, promises, representations, and statements relating to this transaction or to the
Easement Property.
16.5 Waiver.
(a) The waiver of any breach or default of any term, covenant, or condition of this
Easement is not a waiver of such tern, covenant, or condition; of any subsequent
breach or default of the same; or of any other term, covenant, or condition of this
Easement. State's acceptance of payment is not a waiver of any preceding or
existing breach other than the failure to pay the particular payment that was
accepted.
(b) The renewal of the Easement, extension of the Easement, or the issuance of a new
Easement to Grantee, does not waive State's ability to pursue any rights or
remedies under the Easement.
16.6 Cumulative Remedies. The rights and remedies of State under this Easement are
cumulative and in addition to all other rights and remedies afforded by law or equity or
otherwise.
16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of
this Easement.
16.8 Language. The word "Grantee" as used in this Easement applies to one or more persons,
as the case may be. The singular includes the plural, and the neuter includes the masculine and
feminine. If there is more than one Grantee, their obligations are joint and several. The word
"persons," whenever used, includes individuals, firms, associations, and corporations. The word
"Parties" means State and Grantee in the collective. The word "Party" means either or both State
and Grantee, depending on context.
16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does
not affect, impair, or invalidate any other provision of this Easement.
16.10 Applicable Law and Venue. This Easement is to be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute means that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising
out of or in connection with this Easement is in the Superior Court for Thurston County,
Washington.
16.11 Recordation. At Grantee's expense and no later than thirty (30) days after receiving the
fully -executed Easement, Grantee shall record this Easement in the county in which the Property
is located. Grantee shall include the parcel number of the upland property used in conjunction
with the Property, if any. Grantee shall provide State with recording information, including the
date of recordation and file number.
Aquatic Lands Easement Page 21 of 26 Easement No. 51-092341
16.12 Modification. No modification of this Easement is effective unless in writing and signed
by the Parties. Oral representations or statements do not bind either Party.
16.13 Survival. Any obligations of Grantee not fully performed upon termination of this
Easement do not cease, but continue as obligations of the Grantee until fully performed.
16.14 Exhibits. All referenced exhibits are incorporated in this Easement unless expressly
identified as unincorporated.
THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last
signature below.
Dated: NjJP -(,GC.c/Ly ::3 , 20j
1
Dated: a 20_U.
CITY OF PASCO
Fry: DA ELL
Title: City Manager
Address: 525 North Third Avenue
PO Box 293
Pasco, WA 99301
Phone: 509-545-3444
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By: PE4ILDMARK
Title: C s oner of Public Lands
Address: 111 ashington St SE
Olympia, WA 98504-7027
Approved as to form this
29 day of June 2015
Terry Pruit, Assistant Attorney General
Aquatic Lands Easement Page 22 of 26
Easement No. 51-092341
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON)
) ss
County of Franklin )
I certify that I know or have satisfactory evidence that DAVE ZABELL is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the City Manager of the
City of Pasco to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated: �iU20j�
(Sea] or stamp)
(Signature) V
(Print Name)
Name)
Notary Public in and for the State of
Was ' gton, residing 4
My appointment expires
Aquatic Lands Easement Page 23 of 26 Easement No. 51-092341
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON)
) ss
County of Thurston )
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Public Lands
Commissioner of State of Washington Department of Natural Resources, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 20A�p
afore)
(Seal or stamp)
""'" YN"'•• (Print am )
o+•*" = Notary Public in and for the State of
NOTARY F" ; Washington, residing at
PUBLIC '
Al My appointment expires
q�
Aquatic Lands Easement Page 24 of 26 Easement No. 51-092341
Exhibit A
Agreement Number 51-092341
Recording number of final DNR approved survey in Franklin County:
1828598, Recorded May 51, 2015, Volume 3 of Surveys, Page 605
Legal description of the Property:
The NW `/< of Section 18, Township 9 North, Range 29 East, W.M.
Square footage of each of these Use classifications:
Water -dependent 5.063
Nonwater-dependent 0
Public Access 0
Total square feet 5,063
Aquatic Lands Easement Page 25 of 26 Easement No. 51-092341
EXHIBIT B
1. DESCRIPTION OF PERNHTTED USE
A. Existing Facilities: One Light Speed Networks Fiber Optic Cable authorized
under easement 51-089305, one Franklin County PUD Fiber Optic Cable
authorized under easement 51-076683, and one WSDOT bridge authorized under
easement 51 -SRI 206.
B. Proposed Facilities: The City of Pasco proposes the installation of one (1)
thirty-six inch raw water intake line via horizontal directional drilling. The intake
pipe will be supported on submerged piles and five submerged piles will surround
the structure for protection. To protect fish, stainless steel fish screens will be
installed on the intake structure.
Grantee has secured the following permits:
• City permits were issued via review of Master File # SP2013-011. The resolution
#3485 accepted the Planning Commission's recommendation. Decision was July
15, 2015.
• Shoreline Master Program Permit SMP 14-003 approved by the City of Pasco and
Shoreline Substantial Development Permit #2378 approved by DOE via Eastern
Regional Office Permit # ER -15-10011.
• SEPA DNS issued by the City of Pasco on April 30, 2013, # SEPA2013-020
• Coast Guard No Objection Letter, #16518, Dated March 5, 2015.
• ACOE Permit Environmental Assessment and FONSI issued December 15, 2015
• WDFW HPA #2015-3-2+01 issued 1/22/15 valid through 2/28/17. In water work
window: December 15, 2015 to February 29, 2016 and December 15, 2016 to
February 28, 2017.
• USFWS Biological Opinion for ESA Section 7, Reference Number 01EWFW00-
2014-F-0651, Determination of No Adverse Effect, Issued November 20, 2015
2. ADDITIONAL OBLIGATIONS
None.
Aquatic Lands Easement Page 26 of 26 Easement No. 51-092341