2014/05/21 Council Agenda Packet

3 Consideration. The consideration paid by the Grantee to Grantor is as follows: $10,906.00 and the reciprocal grant of a road use permit for the Uneven Cub Timber Sale#124-9. The consideration is not due until thirty days after the Grantee enters into a timber sale contract for the Cooperation Timber Sale,Application No. 30-089859. Prior to payment, Grantee shall be limited to administrative use of the road. No commercial hauling will occur until the consideration is paid in full. In the event that the Grantee is granted a perpetual easement over this road within two (2)years of the termination date of this permit,the Grantee shall be entitled to a credit in the amount of Ten Thousand One Hundred Twenty One and no/100 Dollars ($10,121.00), which shall be - applied to the consideration to be paid for the perpetual easement. Termination. This permit shall terminate March 31, 2019, or earlier when requested by the Grantee;provided,however,that this permit may be suspended or terminated upon the breach of any of the conditions herein. Reservations. Grantor reserves all rights incident to fee ownership of the premises and the profits thereon(including timber subject to the timber grant as set forth in Exhibit C) and the right of use for any purpose including but not limited to the right to remove profits within the premises; the right at all times to cross and re-cross the premises at any place on grade or otherwise; and the right to use,maintain,patrol,reconstruct or repair the premises. Grantor may grant to third parties any and all rights reserved. Compliance with Laws. For all activities conducted pursuant to this Permit, each party shall,at its own expense, comply with all applicable laws in effect now and as hereafter modified. Permittees. The Grantee may permit its respective employees, agents, contractors, licensees, lessees,purchasers of timber or other profits and their agents,herein individually referred to as "Permittee" and collectively referred to as "Permittees", to exercise the rights granted to the Grantee herein. Acts or omissions of the Permittees operating under this Permit shall be deemed an act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply equally to the Permittees. Maintenance. Maintenance is defined as work normally necessary to preserve and keep the roads in their present condition or as hereafter improved. At a minimum, the roads will be maintained to meet applicable forest practice standards set forth in Chapter 222-24 WAC as now written or hereafter amended. When a road is being used solely by one party, that party shall be solely responsible for maintaining that portion of the road so used to the standards existing at the time sole use is commenced. Private To State RUP 2 of 12 Road Use Permit No.55-091210 44a,