HomeMy WebLinkAboutHood Canal Salmon Enhancement GroupContract Number: K3544
EXHIBIT D
Permission to Enter Private Land and Waiver of Liability
Hood Canal Salmon Enhancement Group
Project for Knotweed Control
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY
THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER
OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING.
This Permission to Enter Private Land and Waiver of Liability is made between Hood Canal Salmon Enhancement Group
and its agents and `(1\ aSOn enot\-13, hereafter referred to individually or collectively as "the
property owner(s)."
INTRODUCTION
1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of
invasive knotweeds (Polygonum spp.) on private lands threatens wildlife habitat and provides a source for renewed
infestation of other private and public lands. Effective eradication of knotweeds requires concerted effort on both public
and private lands to protect our natural resources.
2. Hood Canal Salmon Enhancement Group and its agents desire to perform activities to eradicate and/or control
knotweed on public and private lands within Mason, Jefferson, and Kitsap Counties. These activities are authorized and
carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW.
3. The property owner(s) is/are the sole owner of property located at PIN 123290060010 in Mason County,
Washington, hereafter referred to as "the property."
4. The property owner(s) is/are interested in and benefited by the eradication and/or control of knotweed on the property.
5. The property owner(s) and Hood Canal Salmon Enhancement Group and its agents desire to memorialize an agreement
for the purpose of eradication and/or control of knotweed on the property.
AGREEMENT
1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to Hood Canal
Salmon Enhancement Group and its agents, contractors, cooperators and employees to enter onto the property from July
1, 2022 to December 31, 2025 to perform activities to eradicate and/or control knotweed on the property. The property
owner(s) acknowledge and agree that these activities may include the application of herbicide to the property.
The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State
University and/or the Washington State Department of Agriculture (WSDA) to enter onto the property from July 1, 2022
to December 31, 2025 for the purpose of monitoring and evaluating the success of knotweed eradication and/or control
activities.
2. Expiration and Revocation. Hood Canal Salmon Enhancement Group and its agents, contractors, cooperators and
employees are permitted to enter the property on all of the above dates and until December 31, 2025, or until this
permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by presenting a written
letter of revocation to the Hood Canal Salmon Enhancement Group. The revocation is effective five (5) business days
after receipt by Hood Canal Salmon Enhancement Group.
3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control knotweed.
The property owner(s) expressly agree to hold harmless Hood Canal Salmon Enhancement Group, WSDA, and the agents,
contractors, cooperators and employees of Hood Canal Salmon Enhancement Group, or WSDA, and to waive any claim
of liability against Hood Canal Salmon Enhancement Group, WSDA, and the agents, contractors, cooperators and
Contract Number: K3544
employees of Hood Canal Salmon Enhancement Group, or WSDA, for any injury, damage, or harm which is the logical
and intended consequence of activities properly performed to eradicate and/or control knotweed.
Hood Canal Salmon Enhancement Group and its agents, contractors, cooperators and employees agree to waive any claim
of liability against the landowner for any injury, damage, or harm, which is not the consequence of the landowner's
negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its
own acts or omissions and those of its officers, employees and agents under this agreement. No party to this agreement
shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement.
4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement
between the parties with regard to the matters set forth herein.
5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and
interpreted according to the laws of the State of Washington.
BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ
AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT
THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND
KNOWINGLY MADE.
Property Owner(s)
Property Owner(s) Mailing Address:
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ignature of property owner Date
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(PRINT) Name of authorized representative, Signature of authorized representative, Date
Hood Canal Salmon Enhancement Group Hood Canal Salmon Enhancement Group
Contact information for the Hood Canal Salmon Enhancement Group:
Mendy A. Harlow
(360) 275-3575
PO Box 2169
Belfair, WA 98528