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