HomeMy WebLinkAboutNorth Yakima Conservation District - Landowner AgreementAppendix N: Landowner Agreement
L.ndowner Agreement
For Projects Funded by the Salmon Recovery Funding Board
This Agreement, dated and effective beginning the 15 day of June, 2017, is made and entered
into by and between the Landowner and Grantee identified herein. The parties intend that all
terms of this Agreement shall remain in effect for a period of ten years from the date of project
completion, and the agreement shall be binding on all successors in interest during this time.
The date of project completion is the date of final payment to the project sponsor (here
Grantee), as defined in Section E of the Salmon Project Agreement. It is the responsibility of the
Grantee to inform the landowner of this date.
Landowner Name (Landowner): City of Yakima
Street Address: 129 North Second Street
City, State, Zip Code: Yakima, WA 98902
Salmon Recovery Funding Board Project Sponsor (Grantee):
Grantee Name: North Yakima Conservation District
Street Address: 1606 Perry St. Suite C
City, State, Zip Code: Yakima, WA 98902
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Purpose of Landowner Agreement
The purpose of this Agreement is to identify and confirm the terms, conditions and obligations
agreed upon between the Grantee, who is undertaking a project (Project) funded by the Salmon
Recovery Funding Board (SRFB), and the Landowner, who owns the property on which the
Project will take place.
Manual 18, Salmon Recovery Grants • March 2017
Appendix N: Landowner Agreement
The Grantee and Landowner mutually agree to participate in conducting the salmon habitat
improvement activities described below on the City Waterline owned by Landowner in WRIA 38
Watershed (Water Resource Inventory Area), Yakima County, State of Washington. The activities
also are described in, and in accordance with, the Recreation and Conservation Office (RCO)'s
Project Agreement No. 16-1753 dated December 8, 2016, into which this agreement, once
signed by both parties, becomes incorporated herein.
The Grantee Agrees to:
1. Be responsible for the design and installation of the project, and the conduct and
activities of its staff, agents, and representatives.
2. Provide the Landowner with a timeline of estimated dates of Project activities, including
start and completion dates, and to keep the Landowner informed of progress.
3. Conduct the project -related activities described in the Project Description, as appended
to this agreement.
4. Leave all remaining portions of the property in as near pre -project condition as
reasonable, or as otherwise agreed upon in writing with Landowner.
5. Inform Landowner of project completion and the dates for this Agreement.
6. Hold harmless the landowner from any liability associated from injuries or damages
occurring to workers implementing the project.
7. Identify the specific maintenance and/or monitoring activities that will be provided by
grantee in Attachment A (Include frequency and duration).
The Landowner Agrees to:
1. Provide reasonable property access to the Grantee to plan, implement, and complete the
project, and to conduct the long-term maintenance and monitoring activities, as
described in the Project Description attached to this agreement.
2. Provide the Grantee and RCO, or their employees, agents, representatives, contractors, or
assignees, the right to enter the land, at reasonable times, and upon reasonable notice.
Entry is solely for project implementation and management purposes, to inspect
completed work and to monitor long-term success of the completed project. Except in
case of emergency, reasonable notice shall be given at least 48 hours before entry.
3. Not intentionally compromise the integrity of the project;
4. Inform Grantee of all known safety hazards on the property;
Manual 18, Salmon Recovery Grants • March 2017
Appendix N: Landowner Agreement
5. Identify the specific maintenance and/or monitoring activities that will be provided by
Landowner in Attachment A (Include frequency and duration).
Landowner has no obligation to provide access to parties other than the Grantee or RCO, or
their employees, agents, representatives, contractors, or assignees. For the purposes of viewing
the Project for information•oredurati S'rhal"j31.7r'poses, Landowner and Grantee must mutually
agree before such third-pTrty access is bfered'.'
General Terms
The Landowner shall notify the Grantee of changes in ownership of the property on which the
Project is located within thirty (30) days of transfer. In the event of such transfer of ownership,
the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such
transfer. The Landowner's written notification to the Grantee will include the name of the new
landowner. The sponsor then will contact the new landowner to determine whether or not the
landowner agrees to continue the landowner's specific maintenance, monitoring, and reporting
responsibilities as described in Attachment A (if applicable), and to not intentionally compromise
the integrity of the project. If the new landowner agrees, please provide a copy of the new
landowner -signed statement to continue the landowner's monitoring, maintenance, and
reporting responsibilities as described in Attachment A.
To comply with Executive Order 05-05, Archaeological and Cultural Resources, Grantees may
have to complete a cultural resources survey in response to any cultural resources concerns that
might arise. Grantees will notify the landowner if a consultation is required. If required,
consultations must be completed before construction begins.
This agreement may be terminated by the Grantee, if in its discretion, it determines that
circumstances have rendered the Purpose of this agreement impractical to achieve. Termination
also may be sought by either party by providing written notice to the other party. Such
termination shall be effective only after authorized representatives of both parties have agreed
in writing to such termination and RCO has been provided a thirty (30) day advance written
notice of such termination. If, in the event the project is intentionally removed, destroyed, or
otherwise compromised in function, or if successor Landowners do not agree to the terms of
this Agreement, RCO reserves the right to seek remedy as described in the section titled
"Restriction on Conservation of Real Property and/or Facilities to Other Uses" of the Salmon
Project Agreement and Washington Administrative Code 420-12-085, which requires the project
sponsor to provide a new restoration site to serve as replacement.
This Agreement does not authorize the Grantee or RCO to assume jurisdiction over, or any
ownership interest in, the premises. The Landowner retains sole responsibility for taxes,
assessments, damage claims, and controlling trespass. The Landowner also retains all benefits
and enjoyment of the rights of ownership except as are specifically provided in this agreement.
Manual 18, Salmon Recovery Grants • March 2017
Appendix N: Landowner Agreement
IN WITNESS HEREOF, the have executed this Agreement.
Grantee Date
CITY CONTRACT NO: 20/7— // `'i
RESOLUTION NO:
0-01. n
Date
Provide a copy of this Agreement, and any amendments to this Agreement, to the RCO:
Washington State Recreation and Conservation Office, PO Box 40917 Olympia, WA 98504-0917
Attachment A: Project Description and Maintenance Responsibilities
1. Written description of the project -related activities that will occur on Landowner's
Property (consistent with project cost elements) and the anticipated salmon or
environmental quality benefits: (Include restoration/enhancement activities and any
long-term maintenance needs and effectiveness monitoring activities that will occur in
future years.)
The current siphon and City's water line will be lowered so the top of the pipe is at least 4
feet below the streambed thalweg where the structures will not be compromised by channel
scour. The existing channel will be regraded from the stream elevation at the upstream face of
the Powerhouse Road Bridge to the existing channel elevation approximately 170 feet
downstream of the bridge. The channel regrade will consist of applying a roughened channel
approach for fish passage.
2. Describe the maintenance and monitoring responsibilities of both the Landowner and
Grantee for the term of this agreement. Include the activities, frequency and duration of
work to be performed.
The grantee shall conduct follow up 0 & M activities, including weed maintenance on restored
areas established after construction for two years. There will not be any maintenance
responsibilities for the landowner.
Manual 18, Salrnon Recovery Grants • March 2017