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HomeMy WebLinkAboutCONSENT License for temporary use of county property 615 Sheridan Street Port Townsend, WA 98368 del iehson www.JeffersonCountyPublicHealth.org Consent Agenda Public Heal' JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Michael Dawson, Water Quality Manager Tami Pokorny, Natural Resources Program Coordinator DATE: 1 ?-0.:2 5 SUBJECT: Agenda item — License for Use of County Property Identified by Assessor's Tax Parcel ID: 701183002 and 702133010; Upon execution through 8/1/2026; No cost STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Environmental Public Health Division, requests Board approval of License for Use of County Property Identified by Assessor's Tax Parcel ID: 701183002 and 702133010; Upon execution through 8/1/2026; No cost. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This agreement would grant permission to Hood Canal Salmon Enhancement Group (HCSEG) access to County-owned parcels 701183002 and 702133010, shown in Exhibit A, for the purpose of Harris Environmental completing a cultural resources survey in preparation for a Recreation Conservation Office- funded habitat restoration project in the Little Quilcene River estuary. FISCAL IMPACT/COST BENEFIT ANALYSIS: The is no cost associated with this agreement. RECOMMENDATION: JCPH management requests approval of License for Use of County Property Identified by Assessor's Tax Parcel ID: 701183002 and 702133010; Upon execution through 8/1/2026; No cost. REVIEWED BY: .,L)jaib--13941,-;-Ck) Josh Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community Return to: Jefferson County attn. Tami Pokorny Department of Environmental Public Health & Water Quality 615 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Identified by Assessor's Tax Parcel ID: 701183002 and 702133010 Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Hood Canal Salmon Enhancement Group(HCSEG) Properties: Parcel Number(s): 701183002 and 702133010 Description of Property: GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, does hereby grant and convey to GRANTEE,Hood Canal Salmon Enhancement Group(HCSEG), a license over, across and upon the Properties described above and depicted in Exhibit A for the purpose of Harris Environmental completing a cultural resources survey in preparation for an RCO-funded habitat restoration project in the Little Quilcene River estuary, subject to the following terms and conditions: 1. Use of Properties for Construction Staging. The Properties may be accessed and used by Grantee for the purpose of Harris Environmental completing a cultural resources survey in preparation for an RCO-funded habitat restoration project in the Little Quilcene River estuary. 2. No Representations or Warranties. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 3. No Dumping; Required Site Restoration. Grantee shall not deposit, or allow to be deposited, any waste material or hazardous substances on the Properties and,prior to the termination date of this License, shall remove all personal property and repair any damage caused by Grantee's use of the Property. 4. Term of this License. The term of this License commences upon execution of this License and ends on August 1, 2026. 5. Indemnification. Grantee shall defend, indemnify and hold the County,its officers,officials,employees,agents and volunteers(and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this License, except for injuries and damages caused by the sole Page 1 of 5 negligence of the County.If it is determined by a a court of competent jurisdiction or by a mutually agreed arbitration proceeding that this License is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. Consistent with applicable law and statutes of limitations, this Section 5 survives the expiration of this Agreement with respect to actions which have occurred prior to termination of this Agreement only. The County and HCSEG enter into a limited mutual waiver of their respective sovereign immunities for the sole and limited purposes of enforcing the indemnity in this Section 5 and for no other purpose. 6. Excise Tax. Leasehold excise tax, if applicable, shall be paid by Grantee at the time of payment of the consideration identified above. 7. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Chair, Board of County Commissioners Box 1220 Port Townsend, WA 93868 Telephone: (360) 385-9210 Email: JeffBoCC@co.jefferson.wa.us. 8. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Mendy Harlow Executive Director Hood Canal Salmon Enhancement Group P.O. Box 2169 Belfair, WA 98528 Telephone: 360-507-3150 Email: mendy@pnwsalmoncenter.org 9. Covenants. Grantor covenants that it is the lawful owner of the above-described Property and has authority to convey such License and Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so. THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. Page 2 of 5 THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. Approved this day of by the Jefferson County Board of County Commissioners. GRANTOR: Jefferson County Board of Commissioners Jefferson County, Washington By: Heidi Eisenhour, Chair Approved as to form only: Philip C.Hunsucker Date State of Washington County of Jefferson This record was acknowledged before me on the on the day of , 2025 by Heidi Eisenhour as the Chair of the Jefferson County Board of Commissioners. Notary Public in and for the State of Washington. My Commission Expires Page 3 of 5 Grantee: Hood Canal Salmon Enhancement Group(HCSEG) For the purpose of Harris Environmental completing a cultural resources survey in preparation for an RCO-funded habitat restoration project in the Little Quilcene River estuary. By: HCSEG POINT OF CONTACT NAME& TITLE: This record was acknowledged before me on the on the day of , 2025 by the above-named person on behalf of HCSEG. Notary Public in and for the State of Washington. My Commission Expires Page 4 of 5 Exhibit A [ADD PHOTO OR MAP OF PROPERTY HERE] Page 5 of 5 -'77 -� +t,`� it r # ` t`` "� y .t. ,+,. - 701105026 r* G ' n L ' ' _ —.\ ;. -- . '. f' 1 .>005. i aE t m 6 y SOB + r .« ,, NiCi r �� `�134p0'3 -___ — —�' ' t Ea.-.it Icer c-Rci �i1 ` '�' 28 t frank - _183004 .w -Beck-Rd� �t _� z +-r.._ ''', `s -- - L - Y w U & 4 ;i 41. r _ T ti p 4. r , q r Q 1 t r ti ; 44 ( 1 c�L° '� ' '2 ti' S '�` 3001 Nf+f r. ;, S. ` ,, " i'j 701183001 + T 701192001 ,. N " 702241007 t: a . These data are provided on Exhibit A parcels 701183002 & 702133010 SON �, an "AS-IS"basis, without 3 ���' O( warranty of any type, �- expressed or implied, including but not limited to any warranty as to their performance, Imerchantability, or fitness for any particular purpose. o 225 asn SCale: 1:4,828 Date: 8/22/2025 �s,y�Iii•,' Q� This map is not a substitute for acasate field surve s or for locatin.actual pro•ert lines and an adacent features