HomeMy WebLinkAbout5.634 Original Contract
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Clallam County Contract/Agreement
Access Agreement
# 33l-03-O04--
Between The
City of Port Angeles and Clallam County
THE PARTIES TO THIS ACCESS AGREEMENT (Agreement) are the City of Port
Angeles (City) and Clallam County (County).
THE PURPOSE OF THIS AGREEMENT is to allow County staff (acting as an agent
ofthe Washington Dept. of Ecology (DOE)), or their designees, to enter on to City
property (Parcel #0052905440000, described as the SE 14 of the NW 14 and East Y2. ofthe
SW 14 and SE 14 Except for the East 30 feet) for the purposes of installing, monitoring
and maintaining a continuous recording real time stream gauge in Morse Creek. The
gauge site will be located on the steel bridge crossing Morse Creek, downstream from the
surface water diversion structure. This gauge is intended to be a long-term installation,
without a foreseeable time line for removal.
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BY ENDORSEMENT OF THIS AGREEMENT, the parties agree to abide by the
conditions provided herein. Additionally, the County, or its designees, is hereby
authorized to enter onto the above property for the following purposes:
I) To install a continuous recording real time stream gauge on the steel bridge crossing
of Morse Creek, including a small gauge housing attached to the bridge rail necessary
for securing and protecting the gauge station.
2) For periodic monitoring and maintenance of this station and gauge.
3) Direct measurement of in-stream flows.
FURTHER, the City agrees to provide the County any keys, codes or other information
necessary to reasonably access the gauge site on both the east and west bank of Morse
Creek.
FURTHER, recognizing the mutual benefits derived from this project, the City and
County agree to develop a specific plan to cooperatively improve and maintain access to
the bridge and gauging station.
PROVIDED:
. Gauge installation shall occur at a specific location agreed to by the parties, to be
determined by a pre-construction site visit.
. The City will have no liability for any injuries suffered by County staff, or their
designees, as a result of the sole negligence of the County staff or their designees.
Where the City and the County are jointly negligent, each shall be proportionately
liable to the extent of their respective negligence.
. The City shall have no liability for any damage caused to the gauging equipment by
any means other than the negligence of City staff. Where the City and the County are
jointly negligent, the County shall bear the expense for repair in an amount that is
proportional to the extent of its negligence.
. Any damage to City property, caused by the sole negligence of the County staff, or
their designees, shall be repaired by the County at the County's expense;
alternatively, the City shall be compensated for the damage. Where the City and the
County are jointly negligent, each shall be proportionately liable to the extent of their
respective negligence.
. The County shall indemnify and hold the City harmless for any claim, action,
demand, suit, judgement, cost or expense, including reasonable attorney fees, by any
third party arising from the County's sole negligence.
. The County shall remove all equipment and restore the site to pre-existing conditions
upon termination of this agreement. All restoration shall be done to the satisfaction
of the City at the sole expense of the County.
. The County is responsible for obtaining and complying with all local, state and
federal permIts and/or approvals necessary to construct and maintain the gauge
station.
City of Port Angeles/
Clallam Access Agreement
Page I of 2
1/13/03
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· The County shall notify Stephen Sperr, Utility Engineer, at (360) 417-4821or by
email atutilengr@ci.port-angeles.wa.us 48 hours prior to commencement of
installation of the gauge station.
· In the event that enforcement of this agreement becomes necessary, the prevailing
party shall be entitled to an award of reasonable attorney fees and costs.
THIS AGREEMENT SHALL REMAIN IN EFFECT from the date of signature
forward. However, either party may terminate this agreement by written notification
sixty-days prior to termination.
Board
By:
Title:
Date:
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Tit1e:~~
Date: ---------L- _
State of W~~~""~
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County of ~,~
On this Z-~ day of ~'-'I , 2002, before me personally appeared
}j.\i--L.l.~GL Q0\'1J...., , to me known to be the authorized agent of the corporation
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute said instrument
and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Notary Public
Residing in Port Angeles, Washington
Commission expires: ~ \ - 01-
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Approved as to form: f/^'
Christopher Melly
Chief Deputy ProsccutJna Attorney
ClaIlam Count)'
City of Port Angeles/
Clallam Access Agreement
Page 2 of 2
1/13/03