HomeMy WebLinkAboutJamestown S'Klallam Tribe License to Support Floodplain Project - 050525 Return to:
Jefferson County
County Administrator
1820 Jefferson Street
Port Townsend, WA 98368
Document Title: License for Use of County Property Identified by Assessor's Tax Parcel ID Numbers
991200401,991200407 and 991200505
Grantor: Jefferson County,a political subdivision of the State of Washington
Grantee: Jamestown S'Klallam Tribe,and their Contractor(s)for the Floodplain Phase
Properties and See Exhibit A for details.
Purposes:
GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, does
hereby grant and convey to GRANTEE,Jamestown S'Klallam Tribe JST,a license over,across and upon
the Properties described above and depicted in Exhibit A for the purpose of log storage for Grantee's Big
Quilcene River Floodplain Phase,subject to the following terms and conditions:
1. Use of Properties for Construction Staeine.
The Properties may be accessed and used by Grantee for Grantee's Big Quilcene River Floodplain Phase.
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 shall commence upon execution of this License and ends on July 1, 2026. The
license for log storage approve by the Jefferson County Board of Commissioners on March 10,2025 shall
terminate upon the effective date and shall be replaced by this License.
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 negligence of the County.
If it is determined by 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.
Page 1 of 8
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 JST 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:mthurston@co jefferson.wa.us
8. Grantee's Contact.
The contact person and contact information for Grantee during the term of this License shall be:
Randy Johnson
Habitat Program Manager
Jamestown S'Klallam Tribe
1033 Old Blyn Hwy, Sequim, WA 98382
Phone: (360)460-2309
Email: rjohnsonnd,iamestowntribe.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.
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.
(SIGNATURES ARE ON THE FOLLOWING PAGES)
Page 2 of 8
Approved this day of May 2025 by the Jefferson County Board of County Commissioners.
GRANTOR:Jefferson County Board of
Commis 'oners Jefferson County, Washington
By: ��—
Heidi senhour,Chair
Approved as to form only:
aCs. /41ri.+ `-- May 02,2025
Philip C.Hunsucker Date
State of Washington
County of Jefferson Mai
This record was acknowledged before me on the on this S day of ch,2025 by Heidi
Eisenhour as the Chair of the Jefferson County Board of Commissioners.
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Page 3 of 8
Grantee: Jamestown S'Klallam Tribe
for use by its contractors for the Floodplain Phase
By: `Ze��l Cc
Jessica Payne, Cj1j f Operating Officer
This record was acknowledged before me on the on this 24•04 day of May, 2025 by Jessica Payne,
Chief Operating Officer on behalf of Jamestown S'Klallam Tribe.
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erg tary Pub c
Notary Public in d for the State of Washington. Stay a Washington
Q t 1 27 Commission Num ber 174903
My Commission Expires My Commission Expires
09/18/2027
Page 4 of 8
Exhibit A—Properties and Purposes
Properties for use 991200401 (approximately 0.38-acre vacant lot at the corner of Rodgers Street
for log storage in and Fremont Avenue,Quilcene, WA);
Quilcene, WA: 991200407(approximately 0.89-acre vacant lot off Rodgers Street,Quilcene,
WA)and,991200505(approximately 0.52-acre vacant lot off Fremont Avenue,
Quilcene, WA)
A diagram showing these properties is attached as Exhibit B.
Properties to 000000250(approximately 1-acre north of the eastern end of Muncie Ave,
construct a private Quilcene,WA); 991201403 (approximately 0.7-acres north of the eastern end
road and bridge to of Muncie Ave,Quilcene,WA);991201402(approximately 0.9-acres adjacent
the Bonneville to the eastern end of Fremont Ave,Quilcene,WA);991201202(approximately
Power 2-acres adjacent to Fremont Ave,Quilcene, WA);000000230(approximately
Administration's 1.8-acres at Fremont Ave,Quilcene,WA);and,991201302(approximately 2.0-
Fairmont No.2 acres adjacent to the eastern end of Fremont Ave,Quilcene,WA),
Substation
(including A diagram showing these properties is attached as Exhibit C.
excavation)and
create a 0.4-acre
staging area in
Quilcene,WA:
Properties to 991200502(1.0-acres bordering the west side of Linger Longer Rd,Quilcene,
construct WA);991201203 (1.25-acres bordering the east side of Linger Longer Rd,
temporary access Quilcene,WA);991201301 (0.77-acres east of Linger Longer Rd,Quilcene, WA);
roads and stream 991201303 (0.62-acres east of Linger Longer Rd,Quilcene, WA); 702241002
channels between (11.15-acres east of Linger Longer Rd,Quilcene,WA);991202001 (3.62-acres
Linger Longer Rd east of Linger Longer Rd,Quilcene, WA);991202101 (0.76-acres east of Linger
and the Big Longer Rd,Quilcene, WA); 991202105(1.76-acres east of Linger Longer Rd,
Quilcene River Quilcene,WA);
mouth
A diagram showing these properties is attached as Exhibit D.
Page 5 of 8
Exhibit B
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Page 6 of 8
Exhibit C
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Page 7 of 8
Exhibit D
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Page 8 of 8
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,County Administrator
DATE: May 5,2025 2025
SUBJECT: Grant of License to Jamestown S'Klallam Tribe JST for Temporary Use of County
Property as amended
STATEMENT OF ISSUE:
Staff requests approval of the attached License to the Jamestown S'Klallam Tribe for temporary use of the
subject county properties to support of their Big Quilcene Floodplain Project, as amended.
ANALYSIS:
The License has been amended to include additional properties to construct temporary access roads
and stream channels between Linger Longer Rd and the Big Quilcene River mouth that will help the
Tribe and the Tribe's contractor during its Floodplain Phase of the Big Quilcene River Bridge and
Floodplain Project. The County has supported floodplain control and Salmon enhancement on the Big
Quilcene River for many years, partnering with the Tribe, the Hood Canal Salmon Enhancement
Group and others. Approving this License, as amended, will allow for an on-time start to the to the
Floodplain Phase.
The County obtained all of the subject parcels for flood control and is not using any of them for
another purpose, so there will be no impact to County operations.
FISCAL IMPACT:
There is no fiscal impact at this time.
RECOMMENDATION:
Approve the attached License, as amended.
REVIEWED BY:
Mark McCaule 'minty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jamestown S'Klallam Tribe Contract No: PA0-014
Contract For: License to Support Floodplain Project Term: Until July 1. 2026
COUNTY DEPARTMENT: socc
Contact Person: Philip Hunsucker
Contact Phone: 360-385-9219
Contact email: phnusucker®co.jenersonwa.us
AMOUNT: None PROCESS: Exempt from Bid Process
Revenue: SO _ Cooperative Purchase
Expenditure: So Competitive Sealed Bid
Matching Funds Required: so Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# N/A RFP or RFQ
Munis Org/Obj N/A t/ Other:License for Use of Property
APPROVAL STEPS:
STEP I: DEPARTMENT CERTIFIES COI1PLIAI( E W?TH.ICC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: j U C ^— May 02, 2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: O C May 02,2025
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/2/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/2/2025.
Already approved as to form on signature page. PAO drafted
document.
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