WA Dept of Natural Resources 10/19/2020

• Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by Grantee on the Easement Area, Grantee shall submit to State a written plan of construction outlining the construction or activity for State's approval,which shall not be unreasonably withheld. In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State. Grantee shall notify State within thirty (30) days of any corrective action taken and all construction or reconstruction shall comply with applicable state or local laws. Maintenance. Maintenance is defined as work normally necessary to preserve and keep the road in its present condition or as hereafter improved. At a minimum,the road will be maintained to meet forest practice standards set forth in Chapter 222-24 WAC as now written or hereafter amended. When a road is being used solely by Grantee, Grantee shall be solely responsible for maintaining that portion of the road so used to the standards existing at the time solo use is commenced until joint use begins. During periods when Grantee, State and/or other parties with an easement or license from State use the road, or any portion thereof,the cost of maintenance and resurfacing shall be allocated among such users on the basis of their respective use including that of their Permittees. During periods of joint maintenance,the users shall meet at times to be set at the discretion of State and establish necessary maintenance provisions. Such provisions shall include, but not be limited to the following: (a) The appointment of a maintainer,which may be one of the parties or any third party,to perform or contract the maintenance; and (b) The extent of resurfacing necessary to keep the road safe and to reduce environmental impacts; and (c) A method of payment by which each party using the road or a portion thereof, shall pay its pro rata share of the cost of maintenance and resurfacing. • Danger Tree Removal. Individual trees located within the danger tree zones outside of the Easement Area and within the Easement Area which shall be dangerous to the operation and maintenance of the public road in the Easement Area, may be removed subject to the following: 1. Grantee shall mark the trees. 2. Grantee shall timber cruise the trees. 3. Grantee shall notify DNR in writing of their request to remove the danger trees and include the cruise and a map showing the location of the trees. Commercial Easement Page 7 of 17 Easement No.50-098899