HomeMy WebLinkAboutAnderson Private Line Occupancy - Contract2238396 MASON CO WA
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PUBLIC WORKS #220283 Rec Fee: $307.50 Pages: 5
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RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT "A"
MEMORANDUM OF PERMIT
Title: Mitch Anderson Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: Mitch Anderson
Description of Franchise Area: SEE EXHIBIT A-4
Parcel Numbers: 22217-50-00002 & 22217-24-00080
Legal Descriptions: BEL AIRE COVE TR 2
TR 8 OF GOVT LOT 3 SEE SUVEY 9/169
A-1
IN THE MATTER OF THE APPLICATION OF Mitch Anderson FOR A
PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND
MAINTAIN Septic Transport Line ALONG AND UNDER
North Shore Rd A COUNTY MAINTAINED ROAD LOCATED IN
MASON COUNTY, WASHINGTON
Application of Mitch Anderson with principal residence located at 8101 NE North
Shore Rd , by and through Mitch Anderson , for a private line utility occupancy
permit to construct, operate and maintain a private waterline under county roads and highways
in Mason County, Washington, as set forth in attached Exhibit "A", having come before the
County Commissioners of Mason County, Washington during a regularly scheduled public
meeting, on the I `)1 day of MQ,(vh_. , 20.2k-, and that it is in the public interest to allow
the private line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the "Permittee", for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right -of -Way published by the
County Engineer (the "Manual"), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re -codified from time to time.
II. GRANT
The County of Mason (hereafter the "County") hereby grants to the Permittee a non-exclusive
private line utility occupancy permit (hereinafter "Permit") which, once it becomes effective
shall authorize the Permittee to enter upon the road rights -of -way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s): installing a septic transport line under North Shore Road
from tax parcel 22217-50-00002 to tax parcel 22217-24-00080.
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Such grant is subject to and must be exercised in strict accordance with and subject to this Permit,
Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and
ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the
exercise of the County's police powers, and other regulatory powers as it may have or obtain in
the future. No rights shall pass to the Permittee by implication. This Permit does not include
permission to enter into or upon the road rights -of -way for any purposes others than the purposes
expressly described herein. Permittee has a duty to notify the County of any change in use or
condition of the utility facilities that may affect the status of the utility facilities as (a) private
line(s) or the impact of the utility facilities upon the road rights -of -way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights -of -way
(hereafter collectively or individually the "Work"), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the protection,
preservation and management of the road rights -of -way, including, by way of example and not
limitation, for the purpose of protecting any structures in the road rights -of -way, maintaining
proper distance from other utilities, ensuring the proper restoration of such road rights -of -way and
structures, and for the protection of the County and the public and the continuity of pedestrian
and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights -of -way or other county property upon plans drawn to scale, hereinafter collectively referred
to as the "map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights -of -way subject to this Permit,
public or private property, the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before the
Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee
shall pay all costs of and expenses incurred in the examination, inspection and approval of such
restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done any
and all work that they consider necessary to restore to a safe condition such County road right-of-
way or other County property left by the Permittee or its agents in a condition dangerous to life or
property, and the Permittee, upon demand, shall pay to the County all costs of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that, with regard to Work within the road rights -of -
way:
A. All of Permittee's utility facilities and Work within the road rights -of -way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other County -established
requirements for placement of utility facilities in road rights -of -way, including the specific
location of utility facilities in the road rights -of -way, and all applicable laws, rules, regulations
and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
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exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including the
proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance of
other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and
structures, located therein, nor with the grading or improvements of such County roads, rights -of -
way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights -of -way by others, including others that may
be installing utility facilities; and
F. The County may require that Permittee's utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road or
road right-of-way; may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County, or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all the
costs associated with removal; and may require Permittee to cooperate with others to minimize
adverse impacts on the road and road rights -of -way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure that
the private line utility facilities are constructed and maintained in a safe condition. If an unsafe
condition is found to exist, the County, in addition to taking any other action permitted under
applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations
specified therein forthwith to correct the unsafe condition on a time -table established by the
County which is reasonable in light of the unsafe condition. The County has the right to correct,
inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge
the Permittee therefor. The right of the County to conduct such inspections and order or make
repairs shall not be construed to create an obligation therefore, and such obligation to construct
and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of
the Permittee.
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H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the
work being performed; (2) where it is being performed; (3) its estimated completion date; and
(4) progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND
PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground
work, Permittee will contact the appropriate personnel to have such facilities located and make
arrangements as to protective measures that must be adhered to prior to the commencement of
any work within the road and road rights -of -way. In addition to the liability terms elsewhere in
this Agreement, Permittee shall indemnify and hold the County and its elected and appointed
officers, employees and agents harmless against and from all cost, liability, and expense
whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising
out of or in any way contributed to by any act or omission of Permittee, its contractor, agents
and/or employees, that cause or in any way or degree contribute to (1) any damage to or
destruction of any such facilities by Permittee, and/or its contractor, agents and/or employees, on
the County's property, (2) any injury to or death of any person employed by or on behalf of any
entity, and/or its contractor, agents and/or employees, on the road rights -of -way, and/or (3) any
claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or
user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may not
enter upon the permit area to perform work for which a utility permit is required, unless and
except upon two -business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry, promptly
followed by written notice. In all cases, notice to the County shall be given as far in advance as
practical prior to entry or as soon as practicable after entry upon the road right-of-way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction, maintenance, repair, or operation of Permittee's utility facilities in the road rights -
of -way.
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N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property of
the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman -like manner. In the
performance of any Work, including without limitation, the opening of trenches and the tunneling
under county roads, right -of way or other county property, the Permittee shall leave such
trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel
and shall take all due and necessary precautions to guard the same, so that damage or injury shall
not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels
are left open at night, the Permittee shall place warning lights, barricades and other appropriate
protective devices at such a position as to give adequate warning of such Work. The Permittee
shall be liable for any injury to person or persons or damage to property sustained arising out of
its carelessness or neglect, or through any failure or neglect to properly guard or give warning of
any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County, in granting this Permit, does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights -of -way or other county property and this Permit shall
not be construed to deprive the county of any powers, rights or privileges which it now has or
may hereafter acquire to regulate the use of and to control the county roads, right-of-way and
other county property covered by this Permit. The County retains the right to administer and
regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a
particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall, by a time specified by the County, protect, support, temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by reason
of traffic conditions; public safety; road right-of-way construction; road right-of-way repair
(including resurfacing or widening); change ofroad right-of-way grade; construction, installation,
or repair of County -owned sewers, drains, water pipes, power lines, signal lines, tracks,
communications system, other public work, public facility, or improvement of any government -
owned utility; road right-of-way vacation; or for any other purpose where the County work
involved would be aided by the removal or relocation of the utility facilities. Collectively, such
matters are referred to below as the "public work."
Permittee acknowledges and understands that any delay by Permittee in performing the above
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described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage to
the County, including but not limited to, delay claims. Permittee shall cooperate with the County
and its contractors and subcontractors to coordinate such Permittee work to accommodate the
Public Work project and project schedules to avoid delay, hindrance of, or interference with the
Public Work. The County shall make available to the Permittee a copy of the Six Year
Transportation Program and the County's annual construction program after adoption each year.
It is anticipated these programs will aid the Permittee in planning construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the County
within the road rights -of -way. The rights granted to the Permittee herein do not preclude the
County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating,
or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the
Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work
in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing to
an imminent danger to health, safety, or property, the County may protect, support, temporarily
disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and
charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests the
Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility
facilities to accommodate the construction, operation, or repair of the facilities of such other
person, the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of
the beneficial enjoyment of this Permit for its intended purposes through interference with the
operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate
its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or
regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable
cost of the same shall be borne by the Person requesting the protection, support, temporary
disconnection, removal, or relocation at no charge to the County, even if the County makes the
request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings or
other objects. The expense of such temporary removal or raising or lowering of wires shall be
paid by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Permittee that are
the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to
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physical damage to properly installed and located infrastructure of the Permittee and the cost to
repair such physical damage. Mason County retains the right to assert all applicable defenses in
the event of a dispute including contributory negligence on the part of the Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee's Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by the
County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of the
Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may, at its option, and by giving thirty (30) days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property so
vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee by
reason of such termination. It has been the practice of Mason County to reserve easements for
utilities at the time of road vacation, and will continue to be the practice until such time the Board
of Mason County Commissioners direct a change of practice.
XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall
not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of
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insurance evidencing that Permittee or Permittee's contractors are in compliance with the
following requirements, including, maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily
injury, and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall
provide coverage for any and all costs, including defense costs, and losses and damages resulting
from personal injury, bodily injury and death, property damage, products liability and completed
operations arising out of the Work. Coverage must be written with the following limits of
liability:
Bodily and Personal Injury & Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee's
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired,
and non -owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County's Risk Manager. All coverage shall be listed on one certificate with the
same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days' prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30
days prior to the expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
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The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing as
respects any coverage maintained by the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined
as primary and shall not contribute with it. The certificate of insurance must reflect that the
above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of "A" and a class of "X" or better in the latest
edition of "Best's Key Rating Guide" published by A.M. Best Company, or such other financial
rating or rating guide approved in writing by the County's risk manager. In the event that at any
time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or
shall cause its contractors to give prompt notice to the County and shall seek coverage from an
insurer that meets the foregoing standards. The County reserves the right to change the rating or
the rating guide depending upon the changed risks or availability of other suitable and reliable
rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit
shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or
incidents occurring within any distance from a railroad track or railroad property, or on, over, or
under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation, pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county's legal representatives, officers (elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
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judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of
investigation, removal and remediation and governmental oversight costs), environmental or
otherwise (collectively "liabilities") of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of, resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part, by permittee or its agents; or
7. the acts, errors, or omissions of third parties when arising out of the, installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights -of -way when such work is performed under authority of the
operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee's agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors when
arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence
or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot
be indemnified for.
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered by
this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee's failure to satisfy said judgment
within the ninety (90) day period, this permit shall at once cease and terminate and the county of
mason shall have a lien upon permittee's utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee's utility system which may be enforced
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against the property for the full amount of any such judgment so taken against any of the
indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any of
the County roads, rights -of -way or other County property subject to this Permit and shall in no
way prevent or prohibit the County of Mason from constructing, altering, maintaining or using
any of said roads rights -of -way, drainage structures or facilities, irrigation structures or facilities,
or any other county property or affect its jurisdiction over them or any part of them with full
power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the
County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations and
liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator, executor
or assign of such party who has acquired its interest in compliance with the terms of this Permit
or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to
the Permit and guaranteeing performance under the terms and conditions of the Permit and that
transferee will be bound by all the conditions of the Permit and will assume all the obligations of
its predecessor. Such an assignment shall relieve the Permittee of any further obligations under
the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the
assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of
responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts
or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred
without filing or establishing with the county the insurance certificates, security fund and
performance bond as may be required pursuant to this Permit.
XV. ANNEXATION
Whenever any of the County road rights -of -way or other county property as designated in this
Permit, by reason of the subsequent incorporation of any town or city, or extension of the limits
12
of any town or city, shall fall within the city or town limits; then, except to the extent allowed by
law, this Permit shall terminate in respect to the said roads, rights -of -way or other county
property so included with city or town limits; but this Permit shall continue in force and effect to
all county road rights -of -way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided at
Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by
a subsequent franchise, private line utility occupancy permit, master road use permit or other
agreement of the Parties. In the event that it is determined by a court of competent jurisdiction
that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to
have a term for the maximum period allowed by law, and if no such maximum period is readily
and easily capable of being identified, for a term of not longer than fifty (50) years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise
agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be
terminated by the County with or without cause. This means that the County is not required to
have or provide a reason for the termination and that the County may terminate this Permit in its
sole discretion without penalty to the County and regardless of whether or not Permittee is or is
not in default; provided that, the County may not terminate this Permit for a reason that is
unlawful. The Parties agree that the only condition of termination by the County of this Permit is
that the County must give not less than ninety (90) days written notice to the Permittee of
termination. The County Engineer is authorized to exercise the right of the County to terminate
this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically
terminate upon: (1) assignment of the Permit without the prior written consent of the County in
substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the
utility facilities located with the Permit Area without prior written notice to the County and
mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part
thereof benefited by the installation and operation of the utility facilities without prior written
notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the
utility facilities for the benefit of persons other than the owner/operator in a manner that no longer
constitutes a de-minimis use of the road right-of-way.
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de -commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration of
the road right -of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights -
of -way and restore the road rights -of -way to the reasonable satisfaction of the County Engineer.
13
In lieu of removal, the County Engineer may authorize abandonment in place and de-
commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely
perform such work, the County may perform or complete such work at the cost of the Permittee
and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice
by the County.
F. Remedies. In addition to the right of the County to terminate this Permit, the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or
perform any of Permittee's or its agent's duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of each
and every obligation of Permittee under this Permit without any requirement to prove or establish
that County does not have an adequate remedy at law. Permittee hereby waives the requirement
of any such proof and acknowledges that County would not have an adequate remedy at law for
Permittee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County would
not have an adequate remedy at law for Permittee's commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County
to commence an action for equitable or other relief and/or proceed against Permittee and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are
cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
14
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder.
The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in
accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this
Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same
and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had
the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced
to accept a Permit, that this Permit represents the entire agreement between the Permittee and the
County. In the event the Permittee fails to submit the acceptance as provided for herein within the
time limits set forth in this section, the grant herein is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a "Memorandum of Permit" in substantially the form attached hereto as
Exhibit "A", shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this
Permit is not intended nor shall it be construed to create an interest in land or constitute the grant
or conveyance of a real property interest by the County to the Permittee. The requirements of this
Section XIX are intended solely to provide notice of the existence of this Permit and the terms
and conditions there under, including inter-alia, the limitations upon assignment of the Permit.
Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation of
any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however, that venue of such action is legally proper.
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any
Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or either
party's right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
Party or Parties may be entitled.
15
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this Permit
will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part
hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any
illegal, invalid or unenforceable provision herein, there will be added automatically as a part of
this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision
as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee's contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee's contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty (30) days' advance written notice of such change in address.
Permittee: Mitch Anderson
PO BOX 776
Belfair, WA 98528
Attn: Mitch Anderson
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications
or to ascertain whether Permittee's proposed or actual construction, installation, testing,
maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or
in conformance with the plans and specifications reviewed by the County. No approval given,
inspection made, review or supervision performed by the County pursuant to this Permit shall
constitute or be construed as a representation or warranty express or implied by County that such
item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or
this Permit or meets any particular standard, code or requirement, or is in conformance with the
plans and specifications, and no liability shall attach with respect thereto. County and inspections
as provided herein, are for the sole purpose of protecting the County's rights as the owner and
manager of the road rights -of -way and shall not constitute any representation or warranty, express
16
or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility
facilities, suitability of the permit area for construction, maintenance, or repair of the utility
facilities, or any obligation on the part of the County to insure that work or materials are in
compliance with any requirements imposed by a governmental entity. County is under no
obligation or duty to supervise the design, construction, installation, relocation, adjustment,
realignment, maintenance, repair, or operation of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism
or an act of God, provided that such Party has made and is making all reasonable efforts to
perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes of
this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of
Washington.
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the Permit
Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other
agreements of the Parties hereto with respect to all such matters, including, without limitation, all
agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage arising
out of the County's exercising its authority pursuant to this Permit or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance, the
County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed
within 30 days.
17
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are
subject to the same restrictions, limitations, and conditions as if the Work was performed by the
Permittee. The Permittee shall be responsible for all Work performed by its contractors and
subcontractors, and others performing Work on its behalf, under its control, or under authority of
its utility permit, as if the work were performed by it and shall ensure that all such work is
performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law,
and shall be jointly and severally liable for all damages and correcting all damage caused by
them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other
Persons performing work on the Permittee's behalf are familiar with the requirements of the
Permit, Title 12 MCC, the Manual, and other applicable laws governing the work performed by
them and further, for ensuring that such contractors and subcontractors maintain insurance as
required herein.
R. Survival of Terms. Upon the termination of the Permit, the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee's obligations under this Permit
to the County shall survive the termination of these rights according to its terms for so long as the
Permittee's utility facilities shall remain in whole or in part in the road rights -of -way, except to
the extent the County Engineer has approved abandonment in place. By way of illustration and
not limitation, Permittee's obligations to indemnify, defend and hold harmless the County,
provide insurance and a performance/payment bond pursuant to Section XI and Permittee's
obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the
Permittee, notwithstanding any termination of the Permit, except to the extent that a County -
approved transfer, sale, or assignment of the utility system is completed, and another entity has
assumed full and complete responsibility for the utility facilities or for the relevant acts or
omissions.
18
DATED at Shelton, Washington this rAkk" day of rn aYLC1n , 20 Flo .
APPROVED:
Approved as to form:
19
BOARD OF COMMISSIONERS
MASO OUNTY, WASHINGTON
Cl
Vice Chair
Commissioner
ACCEPTANCE OF PERMIT
Y i
Private Line Utility Occupancy Permit effective ici e.k. I '7 , 20 •) .
UWe, Justin Russell am the Septic Designer of parcel(s) 22217-50-00002 and Uwe
am/are the (Operator and) or (representative authorized to) accept Permit on behalf of Mitch
Anderson Uwe certify that this Permit and all terms and conditions thereof are accepted by
Mitch Anderson without qualification or reservation and guarantee performance hereunder.
UWe certify that, to the best of my/our knowledge, the assessor's tax identification number of
the parcel or parcels benefited by this Permit and a legal description of each such parcel are as
described in the attached exhibit.
DATED this I E'day of-e,kiA.ra.>,-�
PERMITTEE(S)
STATE OF Lt)ciai yvii-on
COUNTY OF \Oact 1
) ss.
,20Zgo.
BY: Clot\ %
Title:
I certify that I know or have satisfactory evidence that Y") t I is the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the
of the to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
97,07, `96 I!Jdd
saaidxg uoissiiuwoo �(y�
89066I• .iequinpl uoissiwwo
uolbuigseM to eleas
oilgnd fuojoN
1\17U81/1 311 3>1
Notary Pu>'ilic
t Name V-11-1 Le. YVI-er'<<'a. l
M commission expires 4 / 1 S/7 b7 Lp
A-2
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
TI-IIS MEMORANDUM OF PERMIT is dated as of the V V Uay of ma,- , 20 am
between the County of Mason, a legal subdivision of the state of Washington ("County") and
Mitch Anderson (Permittee").
1. Property. County has, pursuant to Private Line Utility Occupancy Permit granted
to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights -
of -way for the construction, installation, adjustment, maintenance, removal, repair, relocation and
operation of Permittee's utility facilities for the benefit of the herein described Property, upoAthe
term and conditions of that certain permit agreement between the parties accepted the 1 7 day
of VV a...r( , 2024(the "Permit"), which terms and conditions are incorporated herein by
this reference. The property to be benefited by this permit is situated in the Mason County,
Washington, legally described in Exhibit A attached hereto (herein called the "Property"). The
road right-of-way permit area ("Permit Area") is also described in attached Exhibit A.
2. Term. The term of the Permit is in perpetuity unless terminated.
3. Termination. County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety (90) days written notice to the Permittee. Further,
this Permit will automatically terminate upon assignment without the prior written consent of the
County, or upon transfer of the Property without the prior written consent of the County to an
assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit
Area without the prior written consent of the County to an assignment of the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for
the purpose of recordation and notice and in no way modifies the Permit and is in no way
intended to or should be construed to create or convey an interest hi land or the road right-of-way.
DATED this \--4-*^ day of '(Y}aac1 i , 20ato.
COU TY OF ON
/g4/(j4
Co*rfty Engineer
Approved as to form:
C e
A-3
FORM OF MEMORANDUM OF PERMIT
Permit Area Map
Parcel:
22217-50-00002
A-4