2011/09/14 Council Agenda Packet

t7 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. During periods when either party and/or other parties with an easement or license jointly use the road(s), 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 by mutual agreement and establish necessary maintenance provisions. Such provisions shall include,but not be limited to the following: The appointment of a maintainer,which maybe one of the parties or any third party, to perform or contract the maintenance; The extent of resurfacing necessary to keep the road safe.and to reduce environmental impacts; and A method of payment by which each party using the road or a portion thereof shall pay it's pro rata share of the cost of maintenance and resurfacing. Repairs. Grantee shall repair, or cause to be repaired at its sole cost, that damage to the Road arising out of it's use which is in excess of that which it would cause through normal and prudent usage. Damage caused by an unauthorized user shall be repaired at the expense of the Grantee if the Grantee is the sole user of the road, the Grantor if the Grantor is the sole user of the road and shared jointly if there is joint use of the road. Improvements. Unless the parties agree in writing to share the cost of improvements in advance of such improvements being made, such improvements shall be solely for the account of the improver. Private to State RUP Page 2 of 7 Road Use Permit No.55-087454 7