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Home My WebLink AboutSB Structures $5,500 - 020623Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: SB Structures, LLC, a Washington Limited Liability Company Legal Description: S 11 T27 R2W TX 1 Assessor's Tax Parcel ID Number: 702-111-011 GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, including a payment of FIVE HUNDRED DOLLARS ($500.00) per month for the term of this License, paid in a lump sum of FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00), does hereby grant and convey to GRANTEE, SB Structures, LLC, a Washington limited liability company, a license over, across and upon the real property commonly known as the Rice Lake Pit, legally described in Exhibit A (the "Property") and, specifically, to access and use that portion of the Property which is depicted in Exhibit B attached hereto and by this reference made a part hereof (the "SB Structures Use Area") subject to the following terms and conditions: Use of Property for Construction Staging, No Representations or Warranties. The SB Structures Use Area may be accessed and used by Grantee for construction staging for Grantee's WSDOT Contract 9882 Leland Creek. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 2. No Dumping; Required Site Restoration. Grantee shall not deposit, or allow to be deposited, any waste material on the Property 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. 3. Term of this License. The term of this License commences upon execution of this License and ends on December 31, 2023. 4. Shared Use of the Property. During the License term, Grantee shall ensure that the Property (excluding the SB Structures Use Area) remain accessible for use by the Grantor for County purposes, in particular for the disposal of surplus material from road construction or maintenance projects. The Property is not open for use by the Public. Page 1 of 6 5. Gated Access. Access to the Property is through the locked gate from Rice Lake Road. Grantee may install its own lock on the gate as long as Grantor retains access. The gate may be kept unlocked during normal working hours; however, at the end of each day Grantee shall ensure that the gate is closed and locked. 6. 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 Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement 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. It is further specifically understood that the indemnification provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.This section shall survive the expiration or termination of this Agreement. 7. Leasehold Excise Tax. Leasehold excise tax, if applicable, shall be paid by Grantee at the time of payment of the consideration identified above. 8. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Name: Rick Bancroft, Quilcene Foreman Telephone: (360) 302-0029 Email: rbancroft@co.jefferson.wa.us 9. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Name: Travis Crumley, Superintendent Telephone: (208) 320-0008 Email: travis.cgsbstructures.com 10. 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 6 Approved this of �`�617-f4 , 2023 by the Jefferson County Board of County Commissioners. GRANTOR: Jefferson County Board of County Commissioners Jefferson County, Washington w.. By: Brotherton, Chair State of Washington County of Jefferson Approved as to form only: By: January 19, 2023 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney This record was acknowledged before me on 2 1012 3 Brotherton as the Chair of the Jefferson County Board of County Commissioners. 67cd Notary Pu lic in and for the at of Washington. aY os ''�,,p My Commission Expires 2 Page 3 of 6 , by Greg GRANTEE: SB Structures, LLC By: A%&1- /I/' 4T e�� Print Name: /"J%y�i✓ SGAAJ"LGtl State of Washington County of Jefferson This record was acknowledged before me on �lur+vary 20Z3 by the Bra', {- —Me& � of SB Structures, LLC. tarYPublic in and for the State of Washington. y Commission Expires JEN{FER MORRISON NOTARY PUBLIC STATE OF WASHINGTON COMMISSION NUMBER 200256 COMMISSION EXPIRES MAY 1, 2026 Page 4 of 6 EXHIBIT A LEGAL DESCRIPTION OF RICE LAKE PIT PROPERTY: A TRACT OF LAND SITUATED IN THE SOUTH EAST'/4 OF THE NORTH EAST'/4 SECTION 11, TOWNSHIP 27 NORTH, RANGE 2 WEST, W.M. DESCRIBED AS FOLLOWS: COMMENCING 37.5 FEET WEST OF THE 'A CORNER BETWEEN SECTION 11 AND 12, TOWNSHIP 27 NORTH, RANGE 2 WEST, W.M.; THENCE N 14°45' W, 1365 FEET ALONG THE COURSE OF THE CENTER LINE OF TRACKS OF THE PORT TOWNSEND SOUTHERN RAILROAD, TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH EAST'/4 OF THE NORTH EAST'/4, SECTION 11, SAID TOWNSHIP AND RANGE; THENCE WEST 51.7 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE RIGHT OF WAY OF SAID RAILROAD, THIS POINT BEING THE TRUE POINT OF BEGINNING; THENCE WEST 395 FEET ALONG THE NORTH BOUNDARY OF THE SOUTH EAST'/4 OF THE NORTH EAST '/4 OF SECTION 11, TO A POINT ON THE EASTERLY BOUNDARY OF THE COUNTY ROAD; THENCE S 6°15' E, 546.6 FEET ALONG SAID EASTERLY BOUNDARY OF COUNTY ROAD; THENCE N 750 15' E, 462.8 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE RIGHT OF WAY OF THE PORT TOWNSEND SOUTHERN RAILROAD; THENCE N 14° 45' W, 440 FEET ALONG SAID WESTERLY BOUNDARY TO THE POINT OF BEGINNING. CONTAINING 4.80 ACRES MORE OR LESS. Page 5 of 6 & 01" m Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: February 6, 2023 Subject: Grant of License to SB Structures, LLC for Temporary Use of County Rice Lake Pit Property Statement of Issue: Public Works staff requests approval of the attached License to SB Structures, LLC for temporary use of a portion of the County's Rice Lake Pit property. SB Structures intends to use the site as a construction staging area for multiple WSDOT fish barrier removal projects on Leland Creek along SR101. The term of the License is from execution of the License to December 31, 2023. Analysis/Strategic Goals/Pro's Et Con's: The License assists the WSDOT contractor during its fish barrier removal projects in the County. When reasonably feasible, cooperation on projects between the County and WSDOT (and its contractors) is always desirable. Although the License will limit the County's use of the portion of the Rice Lake Pit property covered by the License, it still allows the County to continue to utilize the remainder of the property for disposing surplus material from road construction or maintenance projects. Fiscal Impact/Cost Benefit Analysis: The License requires SB Structures, LLC to pay the County $500/month, in a lump sum payment of $5,500 (plus applicable leasehold excise tax) as consideration for use of the County property during the License term. Recommendation: The Board is requested to sign the attached License and return it to Public Works for further processing. Department Contact: Colette Kostelec, P.E., Right -of -Way Representative, 385-9218. Reviewed By: z ` Mark McCain , County Administrator � 7 Dat CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH; SB structures, LLC Contract No: Contract For: License to Use County Rice Lake Pit Property Term: From License execution through 12/31/2023 COUNTY DEPARTMENT: Public works Contact Person: Colette Kostelec Contact Phone: 360-385-9218 Contact email: ckostelec@co.jefferson.wa.us AMOUNT: $5,500 (based on $500/month from Feb -Dec 2023) Revenue: 18036200.362000 Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund 4 Munis Org/Obj PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ f Other: request from Licensee APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: Fm-] N/A: �_. �� i ' Z -L o 2- Signature bate STEP 2: COUNTY AGENCY. DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL CERTIFIED: F N/A: 17 Signature t � t-Z. Zoz3 Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 1 /19/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): ctronically approved as to form by PAO on 1 /19/2023. Next time, let's do this with county standard indemnity language. Risk is low, so I approved it this time. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL