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HomeMy WebLinkAbout000601 Original ContractCity of Port Angeles Record #000601 US FOREST SERVICE PACIFIC NORTHWEST RESEARCH STATION RIGHT -OF -ENTRY FOR SITE INVESTIGATION Property Owner(s): City of Port Angeles P.O, Box 1150 Port Angeles, WA 98362 Property Description: Parcel 052905440000 Clallam County The undersigned, hereby grant[s] to the US Forest Service, its employees, a right -of -entry on the property located in the State of Washington, County of Clallam, and described as: Parcel Number 052905440000 of Section 05 Township 29 North, Range 05 West, Clallam County This right -of -entry is granted upon the following terms and conditions: 1. The right -of -entry may be exercised for the purposes of forest inventory and analysis activities. The US Forest Service discharges its inventory and monitoring obligations under the Forest and Rangelands Renewable Resources Research Act of 1978 (Public Law 95 -307 Sec. 3e) and has a need for information on the nature, distribution, status, condition, and trends in vegetation, soil, and water resources, including their potential and limitations for different values, uses, and activities. The Forest Service will visit this site between June and September of 2013. The research site will require one to two days to sample and will be visited by a crew of two or three Forest Service Employees. The natural environment will not be altered aside from minimal monument(s) left by the crew to mark the location of the research site. 2. This right -of -entry may be exercised at any time for a period of four (4) months which begin on the date this ROE is executed. 3. This right -of -entry does not grant any right to enter into any structure or building located on the property described above. 4. Responsibility. The United States, acting through the Forest Service, agrees to bear any and all costs and liabilities of any kind related to the exercise of its rights under this Permission to Access to the extent it may legally do so under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq, or any other act where Congress has specifically waived the sovereign immunity of the United States. The Forest Service assumes full responsibility for risk of bodily injury, sickness, disease or death, or injury to the Forest Service employees and for destruction of Forest Service property while the Forest Service is on the property. If, in the course of their inventory, government employees damage private land or other property, the property owner may file a claim for damages under the Federal Tort Claims Act. As long as the employee is acting within the scope of his /her employment, the government is liable for any loss or damage created by the employee. The property owner may submit a claim directly to the Agency for damages. If, on the other hand, a government employee is injured while conducting an inventory on private property, the employee's medical expenses and lost wages are the responsibility of the Federal government through its Office of Worker's Compensation Program. 5. Upon the expiration or termination of this right-of-entry, the US Forest Service shall restore the ground contour, replace any pavement or other cover which was removed or damaged for this work, and reconnect any operating utility lines which were required to be disconnected or otherwise disrupted. 6. This right -of -entry may be revoked in writing by the undersigned upon thirty (30) days prior notice delivered to the US Forest Service, Pacific Northwest Research Station at: Portland Forestry Sciences Laboratory Attn: Justin Holgerson 620 SW Main Street Suite 400 Portland, Oregon 97205 7. The US Forest Service will provide the City 48 hours advance notice prior to exercising the rights granted herein. 8. Further information on the project may be obtained through Justin Holgerson, Washington State Coordinator, US Forest Service, Portland Forestry Sciences Laboratory, (503) 808 -3131 or by email at iho1 ersonftfs.fed.us. 9. Dated this day of CITY OF PORT ANGELES 2013. UNITED STATES OF AMERICA Signature a. Signature Name Dan McKeen Name vs4i'- )42Iorrs6.1 Title City Manager Title Liash;,,a,V. 5 ..\-e Coo .A0r