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2013/02/20 Council Agenda Packet
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2013/02/20 Council Agenda Packet
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Council Agenda Packet
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2/20/2013
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• <br /> 8 <br /> Reservations. Grantor reserves all rights incident to fee ownership of the premises and the <br /> profits thereon(including timber) and the right of use for any purpose including but not limited <br /> to the right to remove profits within the premises;the right at all times to cross and re-cross the <br /> premises at any place on grade or otherwise; and the right to use,maintain,patrol,reconstruct or <br /> repair the premises. Grantor may grant to third parties any and all rights reserved. <br /> Compliance with Laws. For all activities conducted pursuant to this Permit,each party shall, at <br /> its own expense, comply with all applicable laws in effect now and as hereafter modified. <br /> Permittees. The Grantee may permit its respective employees, agents, contractors, licensees, <br /> lessees, purchasers of timber or other profits and their agents,herein individually referred to as <br /> "Permittee" and collectively referred to as "Permittees",to exercise the rights granted to the <br /> Grantee herein. Acts or omissions of the Permittees operating under this Permit shall be deemed <br /> an act of the Grantee. Restrictions or requirements placed on the Grantee herein shall apply <br /> equally to the Permittees. <br /> Maintenance. Maintenance is defined as work normally necessary to preserve and keep the <br /> roads in their present condition or as hereafter improved. At a minimum,the roads will be <br /> maintained to meet applicable forest practice standards set forth in Chapter 222-24 WAC as now <br /> written or hereafter amended. <br /> When a road is being used solely by one party, that party shall be solely responsible for <br /> maintaining that portion of the road so used to the standards existing at the time sole use is <br /> commenced. During periods when either party and/or other parties with an easement or license <br /> jointly use the road(s), or any portion thereof,the cost of maintenance and resurfacing shall be <br /> allocated among such users on the basis of their respective use including that of their Permittees. <br /> During periods of joint maintenance,the users shall meet at times to be set by mutual agreement <br /> and establish necessary maintenance provisions. Such provisions shall include,but not be <br /> limited to the following: <br /> The appointment of a maintainer,which may be one of the parties or any third party,to perform <br /> or contract the maintenance; <br /> The extent of resurfacing necessary to keep the road safe and to reduce environmental impacts; <br /> and <br /> A method of payment by which each party using the road or a portion thereof shall pay it's pro <br /> rata share of the cost of maintenance and resurfacing. <br /> Private to State RUP Page 2 of 7 Road Use Permit No.55-089545 <br /> 45 <br />
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