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HomeMy WebLinkAbout000762 Original Contract oo City of Port Angeles Record # 000762 Pool ANGELS LAND USE AGREEMENT Agreement authorization period: FROM February 1, 2014 THROUGH February 1, 2017. Agreement Area: City of Port Angeles Refuse Transfer Station Name of Authorized User: US Coast Guard Air Station/SFO Port Angeles Business: United States Coast Guard Address: Ediz Hook Road, Port Angeles, WA 98362 Phone: (360) 417-5840 Fax: (360) 417-5849 Permitted Use(s): I. Perform low altitude flight, hovering and hoist operations on city land for search and rescue training for a period use one to two calendar days per month with a typical duration of 3-4 hours during the hours of 0900-1900 PST. The Strait of Juan de Fuca is the designated aerial entry point for the training helicopter. The ground party will require authorized entry into the west gate of the City of Port Angeles refuse transfer station and authorization for government owned safety vehicles access to the Dry Creek entry gate. ISSUANCE of this Agreement is subject to the terms and conditions on appended pages (listed below and by this reference made a part of this Agreement): Addendum A - Tenns and Conditions of Land Use Agreement Exhibit A - Map of authorized location for Users 1 of 5 14 CIO 4 The undersigned hereby accepts this Agreement subject to the terms a d conditions expressed or implied herein. User: / r ,,, -� / DA RUM EY Date l Real Estate Contracting Officer United States Coast Guard Authorizing Official: "° DAN McKEEN Date City Manager City of Port Angeles 2 of 5 H-W-6-i'l- 0�4­004,q ADDENDUM "A" - TERMS AND CONDITIONS FOR LAND USE AGREEMENT TERMS: I Purpose. By issuance of this Agreement, City is conferring the privilege of use of the land herein described, and expressly retains exclusive possession of same. 2. Compliance. The City retains possession of and the right to access Agreement area at any and all times to ensure compliance or carry out any management activities. 3. Access. Provisions for the use of rights of way across city owned land, including the Agreement area and adjacent land are as follows: a. A nonexclusive light to use an existing road over and across the location shown on the map(s) attached as Exhibit A. 4. Condition of Premises. Air Station/SF0 Port Angeles has inspected the agreement area and accepts it in its present condition. The City of Port Angeles has no obligation to make any repairs, additions, or improvements thereto and expressly disclaims any warranty that the agreement area is suitable for intended use. CONDITIONS: 1. Compliance with Laws. User shall comply with all applicable laws, including all city, county and state regulations, county and municipal laws, ordinances, or regulations in effect. 2. Responsibility. User assumes responsibility for all activities conducted, including but not limited to supervision and control to prevent injury or damage; maintenance of the premises during the use; clean-up of litter and debris; and provision of surveillance and security to preserve order. 3. Cleanup. All garbage shall be packed out, or disposed of as required by the City of Port Angeles's authorized representative, within the authorization period of this Agreement. 4. Indemnification and Burden of Proof. User agrees to release, defend, hold harmless, and indemnify the City, and its officials, employees, and agents of and from any and all claims, losses, and/or damages arising out of, or in any way connected with, the User's activities or User's employees or agents on the site. Any adjudication, claim, or suit will be pursued under the Federal Torts Claim Act, 28 U.S.C. 2671 et. seq. or other such legal authority as may be pertinent. User also agrees to consider and adjudicate any claims for damage or injury sustained by User's personnel in the perfon-nance of their official duties while on City's premises. Such adjudication will be made pursuant to the Federal Compensation Act, 5 U.S.C. 8 101 et. seq., or other such legal authority as may be pertinent. 5. Notification. User shall notify the City and all property owners within 500 feet of the site 48- hours prior to conducting activities on the site. Prior coordination with the City of Port 3 of 5 Angeles Police Department will also take place, to ensure the live fire range is not in use. 6. Documentation, User shall photograph the site with a sufficient number of photographs to show in detail the site conditions prior to and after each use to document any changes to the site. Photographs will be maintained by user and provided to City of Port Angeles representatives upon request. 7. Cancellation: The City of Port Angeles may withdraw from this agreement at any time by issuing written notification ten (10) days prior to the withdrawal. Coast Guard may surrender this agreement at any time by giving thirty (30) days written notice of termination to the City of Port Angeles. 8. Nothing in this agreement shall constitute an obligation of funds of the United States in advance of any appropriation thereof in accordance with the Anti-Deficiency Act (31 USC §1341, as amended). 9. Pursuant to Title 14 U.S.C. §92(o, the Coast Guard is authorized to enter into this agreement with the City of Port Angeles. 4 of 5 - t -4-oo 4q Exhibit A Authorized Land Use Location Map City of Port Angeles Refuse 'Transfer Station �y M �Jd J i I i i r` �, n 16idi i R 5 of 5