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HomeMy WebLinkAboutMason Conservation DistrictLandowner Agreement For Projects Funded by the Salmon Recovery Funding Board This Agreement, dated and effective beginning the 21st day of August, 2023, is made and entered into by and between the Landowner and Grantee identified herein. The parties intend that all terms of this Agreement shall remain in effect for a period of ten years from the date of project completion, and the agreement shall be binding on all successors in interest during this time. The date of project completion is the date of final payment to the project sponsor (here Grantee), as defined in the Period of Performance section of the Salmon Project Agreement. The date of final payment is the 30th day of June, 2025. Landowner Name (Landowner): Mason County Street Address: 411 N 5th ST City, State, Zip Code: Shelton, WA 98584 Salmon Recovery Funding Board Project Sponsor (Grantee): Grantee Name: Mason Conservation District Street Address: 450 W Business Park RD City, State, Zip Code: Shelton, WA 98584 Purpose of Landowner Agreement The purpose of this Agreement is to identify and confirm the terms, conditions and obligations agreed upon between the Grantee, who is undertaking a project (Project) funded by the Salmon Recovery Funding Board (SRFB), and the Landowner, who owns the property on which the Project will take place. The Grantee and Landowner mutually agree to participate in conducting the salmon habitat improvement activities described below on lands owned by Landowner in the Skokomish Watershed, WRIA 16 (Water Resource Inventory Area), Mason County, State of Washington. Tax Parcels No: 421083300000 421083400050 421083400060 421090060000 421140060020 421154200000 421154200010 421154200020 421154200030 421154200130 421154200140 421154300020 421155004900 421155004901 421161300030 421163100000 421181100050 421181100051 421181100110 421181200280 421181200290 421182200020 The activities also are described in, and in accordance with, the Recreation and Conservation Office (RCO)'s Project Agreement No. 20-1106 dated December 22, 2021, into which this agreement, once signed by both parties, becomes incorporated herein. The Grantee Agrees to: 1, Be responsible for the design and installation of the project, and the conduct and activities of its staff, agents, and representatives. 2. Provide the Landowner with a timeline of estimated dates of Project activities, including start and completion dates, and to keep the Landowner informed of progress. 3. Conduct the project -related activities described in the Project Description, as appended to this agreement. 4. Leave all remaining portions of the property in as near pre -project condition as reasonable, or as otherwise agreed upon in writing with Landowner. 5. Inform Landowner of project completion and he dates for this Agreement. might arise. Grantees will notify the landowner if a consultation is required. If required, consultations must be completed before construction begins. This agreement may be terminated by the Grantee, if in its discretion, it determines that circumstances have rendered the Purpose of this agreement impractical to achieve. Termination also may be sought by either party by providing written notice to the other party. Such termination shall be effective only after authorized representatives of both parties have agreed in writing to such termination and RCO has been provided a thirty (30) day advance written notice of such termination. If, in the event the project is intentionally removed, destroyed, or otherwise compromised in function, or if successor Landowners do not agree to the terms of this Agreement, RCO reserves the right to seek remedy as described in the section titled "Restriction on Conservation of Real Property and/or Facilities to Other Uses" of the Salmon Project Agreement and Washington Administrative Code 420-12-085, which requires the project sponsor to provide a new restoration site to serve as replacement. This Agreement does not authorize the Grantee or RCO to assume jurisdiction over, or any ownership interest in, the premises. The Landowner retains sole responsibility for taxes, assessments, damage claims, and controlling trespass. The Landowner also retains all benefits and enjoyment of the rights of ownership except as are specifically provided in this agreement. IN WITNESS WHEREOF, th rties have executed this Agreement. Grantee 9 ii"5-/ Date /c/oz3 Lando er Date Pro ide a copy of this Agreement, and any amendments to this Agreement, to the RCO: Washington State Recreation and Conservation Office, PO Box 40917 Olympia, WA 98504-0917 Attachment A: Project Description and Maintenance Responsibilities 1. Written description of the project -related activities that will occur on Landowner's Property (consistent with project cost elements) and the anticipated salmon or environmental quality benefits: (Include restoration/enhancement activities and any long-term maintenance needs and effectiveness monitoring activities that will occur in future years.) This project will involve planting native trees and shrubs in areas identified in the map attached below. The planting sites either lack tree cover, and/ or are currently dominated by deciduous trees or invasive species. This project will plant native trees and shrubs to facilitate a later seral stage forest, and improve the quality of habitat provided by the riparian and floodplain areas. 6. Hold harmless the landowner from any liability associated from injuries or damages occurring to workers implementing the project. 7. Identify the specific maintenance and/or monitoring activities that will be provided by grantee in Attachment A (Include frequency and duration). The Landowner Agrees to: Provide reasonable property access to the Grantee to plan, implement, and complete the project, and to conduct the long-term maintenance and monitoring activities, as described in the Project Description attached to this agreement. 2. Provide the Grantee and RCO, or their employees, agents, representatives, contractors, or assignees, the right to enter the land, at reasonable times, and upon reasonable notice. Entry is solely for project implementation and management purposes, to inspect completed work and to monitor long-term success of the completed project. Except in case of emergency, reasonable notice shall be given at least 48 hours before entry. 3. Not intentionally compromise the integrity of the project; 4. Inform Grantee of all known safety hazards on the property; 5. Identify the specific maintenance and/or monitoring activities that will be provided by Landowner in Attachment A (Include frequency and duration). Landowner has no obligation to provide access to parties other than the Grantee or RCO, or their employees, agents, representatives, contractors, or assignees. For the purposes of viewing the Project for information or educational purposes, Landowner and Grantee must mutually agree before such third -party access is offered. General Terms The Landowner shall notify the Grantee of changes in ownership of the property on which the Project is located within thirty (30) days of transfer. In the event of such transfer of ownership, the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such transfer, The Landowner's written notification to the Grantee will include the name of the new landowner. The sponsor then will contact the new landowner to determine whether or not the landowner agrees to continue the landowner's specific maintenance, monitoring, and reporting responsibilities as described in Attachment A (if applicable), and to not intentionally compromise the integrity of the project. If the new landowner agrees, please provide a copy of the new landowner -signed statement to continue the landowner's monitoring, maintenance, and reporting responsibilities as described in Attachment A. To comply with Executive Order 05-05, Archaeological and Cultural Resources, Grantees may have to complete a cultural resources survey in response to any cultural resources concerns that Native plants will be planted on 8 - 20 foot spacing throughout the planting area. Additionally, shrubs or seeding may be planted at a denser spacing in some areas to facilitate the recovery of native plant communities following knotweed treatment. The planting area consists of riverside areas, streamside areas, disturbed lands, and areas dominated by deciduous forest. Maintenance may occur 1-2 times per year, and will involve: 1) clearing brush from around the planted trees to reduce competition and facilitate faster growth, 2) treating invasive plant species in the planting area 3) supplemental planting and 4) removing plant protectors as needed. Maintenance may continue for approximately 3 years, after which time the trees should be self -sustainable. Sites that were planted using different funding sources or planted prior to this agreement are considered stewardship sites and activities include: 1) clearing brush from around the planted trees to reduce competition and facilitate faster growth, 2) treating invasive plant species in the planting area 3) supplemental planting and 4) removing plant protectors as needed. These activities occur 1-2 times annually as needed. 2. Describe the maintenance and monitoring responsibilities of both the Landowner and Grantee for the term of this agreement. Include the activities, frequency and duration of work to be performed. The Landowner is not required to conduct maintenance. The grantee will conduct maintenance as described in question 1. The planting will be monitored in the beginning and the end of each growing season by the grantee to assess survivability and potential replanting efforts. mAs4014 Projeksite:ct: 20s-1.106kobmiSouthern HoodatersCanalhd Riparian Enhancement - Phase 4 WorsWe CONSERVATION DISTRICT Overview Map for Mason County Planting and Stewardship sites 0,3 0.6 1,2MI1es is I i I A C Project; 20-1106 Southern Hood Canal Riparian. Enhancement - Phase 4 Worksite; Skokomish River Watershed CONSERVATION DISTRICT Mason County Planting Area 1 0 250 500 1,000Feet I I I 421154200130 421154200110 421154200130 421154200000 F i9J4 "�.. d F -; 121 ski dio0 � 421154200010 f. 12115500 901 421154200030 421154200020 421154300020 mA s N Pwroj.ekct,t: 20s-k110k6 SouhthReirn Hoodt Canal Riparian Enhancement - Phase 4 coNsERvAnoN oisTRIcT Mason County Planting Area 2 0 195 390 780 Feet I t I 421181200290 121181200280 I I • 421181100050 42118110010 421181100051- 141' W..Skolioynist)