HomeMy WebLinkAbout000966 Original Contract City of Port Angeles
Record # 000966
City of Port Angeles
Right of Entry
Port Angeles Combat Range Property Owner(s):
City of Port Angeles
P.O. Box 1150
Port Angeles, WA
98362
Property Description:
The undersigned, hereby grant[s] to the Olympic National Park, hereafter "the
Licensee," its employees, contractors, and subcontractors a right-of-entry on the
property located in the State of Washington, County of Clallam, and described as:
Parcel:
See attached map for specific location.
This right-of-entry is granted upon the following terms and conditions:
1. The right of entry is given to allow the following activities, but no others:
The Olympic National Park is conducting a survey to determine the success of
the fisher reintroduction that occurred from 2008 to 2010. The Licensee will
install a motion sensitive game camera pointed at a bait-tree. Licensee will
check the camera for two week intervals and will completely remove the station
after six week.
2. This right-of-entry may be exercised at any time during the six months
beginning on the date this right-of-entry is executed.
3. This right-of-entry does not grant any right to enter any structure or building
located on the property described above.
4. Licensee acknowledges that the property was used as a combat range
during World War 11 and that unexploded munitions exist on the property.
Licensee assume all risk of entry onto the property and assumes
responsibility for all activities conducted under this right of entry, including but
not limited to supervision and control to prevent injury or damage and
maintenance of the property during use. The City shall not be liable for personal
injury or property damage arising from the activities of the Licensee when
conducting the activities authorized by this right of entry.
5. If any action of the Licensee's employees, contractors or agents in the exercise
of this right-of-entry results in damage to property, the Licensee will, in its sole
discretion, either repair such damage or make an appropriate settlement with
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the City. In no event shall such repair or settlement exceed the fair market
value of the property at the time immediately preceding such damage. The
Licensee's liability under this clause is subject to the availability of
appropriations for such payment and nothing contained herein may be
considered as implying that Congress will at a later date appropriate funds
sufficient to meet any deficiencies that would violate the Anti-Deficiency Act, 31
USC 1341.1-lowever, the City may make a claim that is independent of this right
of entry under applicable laws for damages that exceed available appropriations.
6. Licensee shall defend, indemnify and hold harmless the City, its officers,
officials, employees and volunteers from and against any and all claims, suits,
actions, or liabilities for injury or death of any person, or for loss or damage to
property, which arises out of the entry into the property or from any activity,
work or thing done, permitted, or suffered by Licensee in or about the property,
except only such injury or damage as shall have been occasioned by the sole
negligence of the City.
7. This right-of-entry may be revoked in writing by the undersigned upon thirty (30)
days prior notice delivered to the Licensee at:
Patti Happe
Wildlife Branch Chief
600 E Park Ave
Port Angeles, WA 98362
Dated this 0—L day of September 2015.
City of Port Angeles
Ke,- DanddMcKeen, City Manager
Olympic National Park
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