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Manke Lumber Agreement to Relocate Capital Hill Road - Interlocal Agreement f� AGREEMENT FOR RELOCATION OF 1py CAPITAL HILL ROAD BETWEEN MASON COUNTY AND MANKE LUMBER This agreement entered into this /3��day of �; �,��_�� 2007, between Mason County, a municipal subdivision of the State of Washington, (hereinafter referred to as the 'County'), and MANKE FAMILY RESOURCES, L.P. and MANKE LUMBER, INC., a Limited Partnership and a Washington corporation, (hereinafter referred to as 'MANKE'), agree to the following recitals, covenants, terms and conditions- WHEREAS, MANKE desires a portion of the existing Capital Hill Road currently crossing and conflicts with the MANKE gravel mining operation be vacated, and WHEREAS, MANKE has requested Mason County consider this request and desire of MANKE to relocate the present portion of the Capital Hill Road such that a section of the relocated roadway would cross PORT property, and WHEREAS, the PORT'S Comprehensive John's Prairie Master Plan includes the future planned roadway construction in the vicinity of the requested and proposed roadway by MANKE, and WHEREAS, the construction of this roadway will immediately benefit MANKE and is expected to ultimately benefit the Mason County and its resident in their transportation access and economic development and pursuits, and WHEREAS, the Mason County has the authority, and is willing to grant the rights requested subject to certain terms and conditions, and WHEREAS, it is the mutual desire of the parties hereto that they enter into this agreement NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: 1. Agreement to Vacate Road. MASON COUNTY hereby agrees to vacate a portion of the current public right-of-way commonly known as 'Capital Hill Road' located in Mason County on the property owned and operated by MANKE, legally described as: [SEE ATTACHED 'EXHIBIT A- FORMER CAPITAL HILL ROAD LEGAL DESCRIPTION'] CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 1 of 9 2. Agreement to Relocate Road. In exchange of MASON COUNTY'S agreement to vacate a portion of the current public right-of-way, legally described in 'Section No. 1' of this agreement, MANKE hereby agrees to grant an unrestricted right-of-way easement for public travel to the below-stated road. This portion of road shall serve as the new public right-of-way, replacing a portion of 'Capital Hill Road' and to serve the same purpose and function as the former portion of'Capital Hill Road' described in 'Section No. 1' of this agreement. The road easement for public travel shall be perpetual, non-exclusive in use and nature, granted by MANKE and is legally described as: [SEE ATTACHED 'EXHIBIT B: PROPOSED/NEW CAPITAL HILL ROAD RELOCATION LEGAL DESCRIPTION'] 3. As a part of this agreement, MASON COUNTY agrees to the following: a. To vacate the present road, legally described in 'Section No. 1' of this agreement by formal vacation agreed to and passed, including legally-sufficient public notice and opportunity for comment, by the Mason County Board of Commissioners. The road vacation shall take place upon completion and acceptance by the County of the newly constructed road. b. Work in good faith to assist MANKE in the acquisition of any and all necessary permits and applications necessary from MASON COUNTY as requested by MANKE for construction of the new portion of'Capital Hill Road' located on MANKE property. C. Review and approve any and all construction plans, meeting statutory and regulatory requirements, for the road relocation as legally described in 'Section No.2' of this agreement. d. Ensure the relocated 'Capital Hill Road', as legally-described in 'Section No. 2' of this agreement shall meet and comply with any and all applicable County standards for road construction e. Accept the completed, relocated 'Capital Hill Road', after full inspection, if in compliance with any and all, applicable County, State and Federal laws, into the County road system, thereby accepting full responsibility for the administration, operation and routine maintenance of the public right-of-way and any and all road improvements on such roadway. f. Establish the posted speed limit at 25 miles per hour (m.P-h.)- CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 2 of 9 g. Shall indemnify, save harmless and defend MANKE, and its authorized officials and personnel, employees, and agents from any all damages, claims, and demands, of any kind on account of injury or death of any and all persons, caused by MASON COUNTY, its employees, agents or authorized personnel as a part of or naturally-contemplated extension and execution of this agreement. MASON COUNTY shall further indemnify, save harmless and defend MANKE from all property damage that may occur in connection with the actions and execution of this agreement as reasonable contemplated by both parties privy to this agreement. h. MASON COUNTY agrees and reserves the right to alter, amend, or modify the terms and conditions of this Agreement only after written notice is given to MANKE showing such proposed modifications and those modifications are agreed to in writing by MANKE with notification to the Port of Shelton. 4. As a part of this agreement, MANKE agrees to the following: a. To grant MASON COUNTY and all residents thereof an unrestricted, perpetual, non-exclusive and continued public use of the road related to its new position as legally described by 'Section No.2 ' of this agreement. b. Submit construction plans by an approved, qualified and certified engineer for the relocated road, legally-described in 'Section No. 2' of this agreement, to any and all applicable County, State, and federal agencies responsible for administration of public rights-of-way in Mason County and to the Port of Shelton- C. Negotiate directly with and obtain approval from MASON COUNTY, their planning department, public works and any other state and county regulatory agencies for the construction of a road, including, but not limited to, necessary construction permits and further agrees to absorb such costs, fees and charges. d. Absorb any and all construction costs, fees, and permit charges for construction of the roadway legally described in 'Section No. 2' of this agreement. e. Work in conjunction with all and all applicable State and federal agencies in order to acquire the necessary and proper permitting for construction of the new 'Capital Hill Road' legally described in 'Section No. 2' of this agreement. f. Ensure the road relocation complies with any and all applicable County requirements pertaining to; setback requirements from shorelines, steep slopes, streams, and wetlands as set forth by 'Exhibit C: Mason County CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 3 of 9 correspondence dated September 22, 2005, by Allan Borden, Land Use Planner on behalf of the Mason County Planning Department.' g. Ensure road relocation's design meets storm water facility requirements. h. To allow for continued ingress and egress to the existing cemeteries by all members of the public during reasonable hours of travel as well continued use of use a roadway to access to housing in the adjacent area as deemed reasonable and customary for similar public use in the tradition of the custom and practice of the existing Capital Hill Road owned and operated by MASON COUNTY> i. Commence construction within one year of full approval of this agreement and conclude and complete the 'Capital Hill Road' within three (3) years of commencement of the full satisfaction, approval and permitting of MASON COUNTY and any and all other regulatory agencies responsible to ensure the road meets all legal requirements for use as a public roadway. j. Work with the Public Utilities District and all applicable utility and communication companies to relocate current, operating utility and communication lines and relocate such lines to the new, portion of'Capital Hill Road' location as pronounced in 'Section No.2' of this agreement and further agrees to absorb all costs associated with such relocation. k. Ensure the vacated road as legally-described in 'Section NoX of this agreement is physically severed beyond the point of the re-route, eliminating the 'haul off road effect across PORT property from the MANKE aggregate mining operation as described and incorporated by reference 'Exhibit G: AGREEMENT (Between MANKE FAMILY RESOURCES/MANKE LUMBER and the PORT OF SHELTON', to wit, 'Section 6 subsection C' of the intent within the provision of such agreement. I. Shall indemnify, save harmless and defend MASON COUNTY, and its authorized officials and personnel, employees, and agents from any all damages, claims, and demands, of any kind on account of injury or death of any and all persons, caused by MANKE, its employees, agents or authorized personnel or third party contractors as a part of or naturally-contemplated extension and execution of this agreement. MANKE shall further indemnify, save harmless and defend MASON COUNTY from all property damage that may occur in connection with the actions and execution of this agreement as reasonable contemplated by both parties privy to this agreement. CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 4 of 9 M. MANKE agrees and reserves the right to alter, amend, or modify the terms and conditions of this Agreement only after written notice is given to MASON COUNTY showing such proposed modifications and those modifications are agreed to in writing by MASON COUNTY. 5. As a part of this agreement, MASON COUNTY and MANKE LUMBER, jointly agree as follows: a. The legally described, present location of the current portion of'Capital Hill Road' to be vacated is true, correct and accurate as described in 'Section No. 1' of this agreement. b. The legally- described, future location of the new portion of 'Capital Hill Road' is true, correct, and accurate as described in 'Section No. 2' of this agreement or will be mutually agreed upon at a later date or this agreement shall terminate if no consensus can be reached. C. Any and all relevant and necessary parties privy to the relocation of the 'Capital Hill Road' relocation will be put on notice and been given the full opportunity to comment regarding the proposed road relocation prior to the actual movement of the road. d. Public notice requirements as state-mandated will be followed as a part of the 'Capital Hill Road' relocation, including this matter being presented before the MASON COUNTY Board of Commissioners and approved by a majority vote of the Commissioners to allow the relocation of such road. e. Any and all changes, alterations, amendments and/or modifications to this agreement shall be in writing and agreed to by both parties privy to this agreement. f. If any term, provision, condition, or portion of this Agreement is deemed to be invalid or unconstitutional for any reason, the portion declared invalid shall be severable and the remaining portions of this agreement shall be enforceable unless to do so would be inequitable or would result in a material changes in the rights, obligations or intent of the agreement and the parties engaged in this agreement. g. No rights, privileges, or benefits shall be transferred to any other party not mentioned explicitly by name in this agreement without prior written consent and agreement by both parties to this agreement and such transferability is made in writing with reasonable time given to each party to either agree or dissent to such a transference of right, privileges and/or benefits. h. This Agreement constitutes the entire agreement, understanding and intent between MASON COUNTY and CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 5 of 9 MANKE, and supercedes all offers, negotiations, and other agreements concerning the subject matter contained within this Agreement. i. Both parties agree this Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. j. The laws of the State of Washington shall govern this Agreement. k. The Agreement shall take full force and effect upon written execution by both parties to this Agreement. I. This Agreement shall be compatible with all agreements and understandings between Manke and the Port of Shelton as well as between Mason County and the Port of Shelton. This agreement is further contingent upon the prior agreement entered into between Manke and the Port of Shelton, which is identified herein and incorporated by reference as `EXHIBIT D.' It is further understood Mason County, while not legally-obligated to adhere to the terms of conditions of the agreement between Manke and the Port of Shelton, shall however, act in good faith to comply with the provisions of the agreement. .ry 1`:eihr>a/y Witco DATED this f3 day of OStober, 200E in Shelton, Mason County, Washington. IN WITNESS WHEREOF, the parties, MASON COUNTY and MANKE, have jointly executed this Agreement as of the first date written above. MASON COUNTY BOARD OF COMMISSIONERS: A�fida Ring Eri kson, Chair Mason Count Commissioner By: ��- Tim Sheldon, Mason County Commissioner Approved as to form: ;Koss Gallagher, Monty Go , Mason County Commissioner Chef-Ci I Deputy Prosecutor CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 6 of 9 STATE OF WASHINGTON ) ) SS. COUNTY OF MASON ) LYNDA RING-ERICKSON, TIM SHELDON, and ROSS GALLAGHER, being first duly sworn on oath depose and say: They are the Commissioners of Mason County, that they have read the above petition, know the contents thereof and the believe the same and true to be correct. J'2 nda Ring Ericks,6n, Chairperson Mason County Board of Commissioners Tim Sheldon, -�. Mason County Commissioner Ia ss Gallagher son County Commissioner "al � x? SUBSCRIBED AND SWORN, to me this day of �.' Notary Public in and for the State of Washington, residing at in ''• County. My commission expires WAS s CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 7 of 9 MANKE LUMBER, INC., a Washington Corporation, and MANKE FAMILY RESOURCES, L.P., a Limited Partnership: By( ANA—ELMBER INC., Position thereof: Authorized Agent on Behalf .r NKE FWfCY RESOURCES, L.P. Position thereof: ,�� Authorized Agent on Behalf STATE OF WASHINGTON ) ) SS. COUNTY OF MASON ) On this ?'G' day of �' , 2006, before me, the undersigned, notary public in and for Washington duly commissioned and sworn, personally appeared Z - And sfOc� ,g�/,�� to me known to be the /ram T 1✓` and respectively of, a Washington Limited Corporation and a Limited Partnership that executed the foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that they were duly authorized to execute the same. Witness my hand official seal thereto the day and year first above written Nota ub ' in and for the ' State of Washington, residing C)u�'/f�/ in said r, r County. My commission expires CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 8 of 9 ATTACHMENTS: EXHIBIT A: ' Former Capital Hill Road Legal Description' EXHIBIT B: 'Proposed/ New Capital Hill Road Legal Description' EXHIBIT C: 'Mason County correspondence dated September 22, 2005, by Allan Borden, Land Use Planner on behalf of the Mason County Planning Department.' EXHIBIT D: 'Agreement' (Between MANKE FAMILY RESOURCES/MANKE LUMBER and the PORT OF SHELTON dated February, 2006) CAPITAL HILL ROAD RELOCATION AGREEMENT BETWEEN MASON COUNTY AND MANKE LUMBER Page 9 of 9 EXHIBIT A: EXISTING CAPITOL HILL ROAD PROPOSED FOR VACATION 'A STRIP OF LAND ENCOMPASSING THE PRESCRIPTIVE RIGHT OF WAY FOR THE CAPITOL HILL COUNTY ROAD AS EXISTING AND LYING WITHIN THOSE PORTIONS OF TOWNSHIP 20 NORTH, RANGE 3 WEST, W.M., IN MASON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SECTION 3 -THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, LYING SOUTH OF JOHNS PRAIRIE ROAD. SECTION 4 -THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, LYING SOUTH OF JOHNS PRAIRIE ROAD. SECTION 10-THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER. SECTION 9-ENTIRE SECTION, INCLUDING THE WILLIAM M. MORROW DONATION LAND CLAIM NO. 40. SECTION 8 -THE EAST HALF OF THE SOUTHEAST QUARTER. SECTION 17-THE NORTH 212 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER. QI ..r iE x w Exhibit A EXHIBIT B- PROPOSED/NEW CAPITOL HILL ROAD RELOCATION LEGAL DESCRIPTION A STRIP OF LAND, 60 FEET IN WIDTH, LYING WITHIN SECTIONS 5,8, AND 17 OF TOWNSHIP 20 NORTH, RANGE 3 WEST, W.M., THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS; BEGINNING AT THE CENTER OF THE SOUTHERLY TERMINAL CUL DE SAC OF THE EXISTING"PRODUCTION ROAD"AS SHOWN ON THE COMPOSITE MAP FOR PORT OF SHELTON AT JOHNS PRAIRIE INDUSTRIAL PARK BY HOLMAN AND ASSOCIATES DATED MAY 2002 AND IS MONUMENTED WITH A BRASS CAP; THENCE, ON THE SAME BASIS OF BEARING AS SAID MAP, S 01-01'22" W, FOR A DISTANCE OF 67.59 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAL ANGLE OF 50011'35", FOR AN ARC DISTANCE OF 21025 FEET;THENCE S 49010'13" E, FOR A DISTANCE OF 603.78 FEET: THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAL ANGLE OF 50045'16", FOR AN ARC DISTANCE OF 212.60 FEET;THENCE S 01'35'03 W FOR A DISTANCE OF 1063.48 FEET; THENCE N 88050'3T' W, FOR A DISTANCE OF 1083.74 FEET; THENCE S 0 1009'19" W FOR A DISTANCE OF 850.00 FEET TO THE INTERSECTION OF THE EAST-WEST CENTERLINE OF SECTION 8 WITH A LINE PARALLEL WITH AND 30 FEET EASTERLY OF THE WEST LINE OF THE WILLIAM M. MORROW DONATION LAND CLAIM NO. 40, THENCE S 03005'07" W, ALONG SAID PARALLEL LINE FOR A DISTANCE OF 2108.78 FEET, THENCE ALONG A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAL ANGLE OF 15032'26", FOR AN ARC DISTANCE OF 65.10 FEET; THENCE S 12027'19" E, FOR A DISTANCE OF 730 FEET, MORE OR LESS, TO THE EXISTING CAPITOL HILL COUNTY ROAD_ m) :n s x w Exhibit B EXHIBIT C �o"k-SIF !r'0 MASON COUNTY o A o DEPARTMENT OF COMMUNITY DEVELOPMENT o" x Planning Division o H Y o~ P O Box 279,Shelton,WA 96W i 1t�A (3W)427-9670 Site Inspection September 22, 2005 PORT OF SHELTON SIT2 E'M W SANDERSON WAY A SHELTON WA 98584 port Of Shelton Case No-: SP12005-00247 Parcel No-: 320084900000 Project Description: CONSTRUCT ROAD AS LIMITED ACCESS ALTERNATIVE TO THE EXISTING CAPITAL HILL RD.CURRENTLY CROSSING MANKE FAMILY RESOURCES LAND. Dear Applicant Pursuant b your application.a site pte-inspection(SPI)was performed on your property. Below you Will And comments made regarding the proposed development and its aitical values. In some cases,setbacks for development from shorelines, steep slopes,streams,and wetlands must be kv► luded in your specific proposal, these setbacks are inc-Wed as part of he comments listed below. This information Is based on Cormty and State regtdaions as they exist to date_ These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360)427-9670,ext 365 If you have questions_ Sinoerety, Allan Borden Land Use Planner Mason County Planning Department (� t X W 9/2212WS i of 2 SPI20OS-00247 Exhibit C Site Inspection W22/2005 Case No.: SP12005-00247 COMM"ts: Inspection for Manke Lumber/Marley Young on Aug. 20, 2005. The purpose of the pre-inspection was to evaluate issues related to the construction of a new road along Capital Hill county road and across Manke land and adjacent Port of Shelton lands to create limited access roads from south to north end as the proposed extension of Production Road to connect with Johns Prairie Rd_ The parcels are well vegetated with evergreen and deciduous trees as well as shrub cover,except where Port operations exist. There Is very Tittle slope along the alignment from Capital H41 Rd. to where there existing industrial activity on the Port property. There is some slope where industrial land uses on the Port land have excavated low areas adjacent to where poles and logs are lined up for further processing. Geotech Report/Landslide hazards: Generally on the subject property,there are no steep slopes(greater than 10 percent)or saturated conditions that would lead to sliding, and thus no special geologic study is needed for development review of a proposed home. The land designation for the site is Urban Growth Area. The standard budding setbacks of structures for this area are a 5 foot property line yard setback The proposed series of roads crosses Port of Shelton properties; attention should be made that the roads constructed follow the -lot" areas defined by the Port of Shelton, so that future structures on the "lots" meet the setbacks needed for proposed development Setbacks are measured from structures above grade such as roof overhangs (roof gutters), and other structures, including canopies, balconies,decks,landings, and heat pumps. Shoreline/stream setbacks: No shorelines or streams were observed on the property during site inspection. General process: Future road development must follow a site plan agreed upon by Mason Co. Public Works, Manke Lumber, and the Port of Shelton, showing the property lines for the "lots", access points and other improvements. Roads are typically exempt from grading permits when (tie proposed roads are along established easements and thero are no critical areas to be affectod by the road placement. If you have any questions please feel freo to call T hank you. 8f=005 2 or 2 SPI2005-0024T EXHIBIT AGREEMENT .taus agreement entered into this —( �" day of �.t.�r-r Ra rL�, 2t}46, b� and t vicerr the PORT OF StiELTUbt, a Wasktin totz MUMCipal corporalid�'/of rite State of Washington, hereinafter referred to as "Pert" and MANKE FAMILY MOUR.CES_ L.p, and MAN E LUMBER, 'NC- a tirxtited PAm ip and a Washington corporation, hereafter hex refemed to as MANKE. 'SEAS,MANKE desi that a portion of the existing Capital Hill Road that Cm'enny crosses anti Coroners Vntft Vae MAWKE gravel minMg operation ue vacated,ma Wrtbl(-bA:J, MA1VKb hag regtsMed that he 1:'0Kl-aoosider t#iy requrstand desiro of the MA to relocate dw portiou of the Capital ffill Road such that a section of the retoe, roadway wouid czpss Putt;1'property and ted Win-EREAS they PORVs CompI(rhensive Johns Prairie Master ,Dian irl,�;ltxles the filhue Planned roadway oomulwdan in the vicinity of he requeaW and pmp�d x�way by MANY and WHEREAS the cottsatxtion of this roadway will imrxrediateiy bm6fit MANKE and is caP--d to uiumax6y oeneuz the i-otci in Chair economic devaiopmeul and pursiars anj Wrartctaa, U10 rOK1 has ttie authority, and is witl* to grant cite tigtats requested subject to certain terms and conditions; and WHEREAS,it is the mutual desire of the parties hereto that they enter into this agreement NOW, THEREFORE, for emd in omwiderati,on of the ruuuW Covenants and conditions herein cootairteq rile parties agree as foiiow& t- A._� t to Ne otisue CoatatruGtiou of The 1'OKT and MANKE hereby agree too prov,de for MA.NKE to negotxate davcUy With and obtain apProvat horn MASON (,(OUN 1-y, their platming department, public works and any other[state and county reguiatoty agen6eS fX ate crostrtfion of a road$Cl`ass the kOKC prope"y Located m Johns Praise as an altmaiive to the exi5ltiag C-Vital Hill. road 47rwstng the Wake FamdY Resources Laud, subject to tite conditions and provicions identified herein- 2. POST Rev- axtd oncwnant c. Prior to any agreement as to pia,cenmut,peumts being issued and commew,'m ct of caftox"won of the rood betweem MANKE and MASON UUN t Y there shau be VVKI'review,corrcurrettce and sigwura by yak f tsoard 0i C:omttussioners or their designee. ®! 3. t Ce g!! tj ut As a Awther art of this (� aSreeniertt artd upon ratification by the tf►e FOie> isoard of (:oazunissioners, the I'otC1 treteby agr ees10 13rattr to &,ason County a Surface ROOA Ease-meat approximately sixty (60) feet wise i'or the purposes of the constnwUon of a x W urea vivo6 Exhibit D 141 G!1 LUUO 1 U. JL OOU44 f ULJ1 f HIaC UZ zoadvuay as provided for herdn. MANKE shall develop and develop and provide for the review and rkWro'vat by and to the PORT anal the appropriate Mason Cosarty agency and authorities ft pies=iae iocaxion and legal oagcrYption of me suriaax roadway ea"02wt act'oss ttw PORT propedy. Exludbit B attached and into V01ated herein by reference describes the metal location whieh compiles with the current Fort of Shelton`s 161rt Prairie's Master Plan It ig rurricipabed that the madway will include 4,090 feet on PORT property Md 2,959 feet on MANIAproperty_ i3rtX iJC lox zlilu�OI ally and.ii lowiway -;[mmuuctlon on FrOR PORTS Board of Conmlliesionem or Their aesig�. PAP 'sitaxl be dipproved by the 4, Cqtistrugjffl AtRaanw$v In cxchangc for the Surface Road Easamestt, MANKE shall CUD.u-uct tnc roadway in trccordmtce a76 cov*jance Widt ail *r0K1: mad standards and all ivia�on County cote ana road reqtutements. MAi4K.E shah apply for and obtain ail necessary perImis anti audwriaaaous prior to The cunsuuMOM aUch pemuts and autftOnzations shall be issued subject to the provisions Ot MASUN County Code and shA be incoqmnued by re&r=ice in such permits and wAhmizatiou as if fully set forth in whole therm Such pml is aW authorizations shall also be sup M td any other applicable ordirt mces, resolutions, codes, policies and standards. Nothing provided herein shsUt M any way limit the COURty au t ority to orie'rWise exercise its povvetrs, The POKE and its trams shall retain its access to include ingress and egress to PORT property drum the constsuctian period Wder>atm by MANKE. Further MANN><, shall make every reasorv"e effort to attains that the dimVtioa to the PORT and its tenants is limited in dumlion wd not uoreasonable, 5. MAW;MOO Of QAdM, The surface road dement and dris agc'oarneat is fm,,W conditioned upon MASON COUNTY acg the completed roadway and agreeing to accepting the respousibiiiry for the further adrainisuatiou, open 3ioa or and maintenance of the :�;aFiy et,u usY.,.;�utioc;na.�iiy�u� 6 E+ 1fi i dill ions. This agreement is iurtier conditioned upon the toitowuu nrovtsioM: A- line T086WW silaii he cops in compliance with all codes and regraremews of Mason l Otmiy and u10 design sian(jarcis for tits;po"ok Snolton w mciude but litrited to the current stmdards as identified is Exhibit"A"and B. TIM posted speed (trait on tho corwtnr,oted roadway shall not exceed twenty-five (25)miles per hour. C, Tie existing and valued Capital Hill Road shall be vacated and physically severed beyond the point of the re-route. The intent of this provision is to eilmh me rile "hand toad" enbGt across YO,RT property imam the MANKE aggregate nmung operwon, D. Ail storm watcar rmoff shall be treated as necessary within the roadway easement prior to the delivery and spilling into the PORT's conuanon area infiltration basins. E• MA.N"abate begin consuucrion of me roadway eaatel xtpiated by this Ac>a0i wimi�n in one year of the execution of this agreetneni and ccmtinue to rnza onsoing and reasonable progress during ttw period or construction that shall result .4�Vesauer -Pais 7 of 8 x,I,iq�oa vavr z0 39rd I£LeLZb09£ 8L =LI y00Z/ZI/S9 1 Ll.L f J LUUU 1 U. JL JUUYL f ULJ1 r-..,� v.i in the completion of ilne eonstn'CdO r of roadway ideatafned heBiAt sad the accdate 4f e e of this Agreement,by the PORT and Mason County no lator than three(3)years from 1�dat p'rovided that Such Uwe limit ah�all not apply to delays caused by acts of God, strikes. %ninent dog litigniion ar other o,:�rre� over which htA.NKE has no control. This agreCilRcttt may be terminated by tho Poic if c onsuuction of tine roadway is not commenced within one(1)year from The clam of the sigrmW of tuns agreement or default of any of the provisions 'xmtained in 6,is AWeemwt to include but not limited to file cornnpletion and acceptance regturemeant of ttlree(3)years as provided far above, r- i NriKE sbaii provide to the YOKI.at no Donn, a copy of a11 as-bgilt plans, MOPS and records, including revealing the final locatiotn of the Proposed roadway in an electnotdc format. G. MAN E shall, &fttar ronsinrction ,of the roadway shaft leave airy a4scaA or a[ie"cu tkQPc(iy dttxt iu as uoQa or vener cotKktion in ai( t was In before the corm=cemew of such A eoQstmctiom D survey neon iwtud,am to be di9pwbed or displaced by such wotic skrall be rderenced and restored, as per Cyr•r-f n--.n :nn .z .r rat. s s��i w, na u�b szwtc A` Ousts of nmy ngrfttw UL; artnCoDLtCd, tittd all lelt"rt Wcfal,state and 10W swndards and specificeaoris- a 110"gh no# specifically identified as to the ex$er expendittres, costs mud fnar-ial comMitnaeWs in this agreennetnt: it is undastgod tftat MANY shill provide for tho road constracuon costs wd the PORT will review and discuss the need, capability and A ty of the PORT to Provide professional staff and CMdaCt PmwDs TO &%sist In,the ititltian a Matron of this agre=eat Which mq include but not limited to, and as needed exngWeering tevieNv, Project m=V-inm oversight oy aiming e0k i amployees, legal r0w0w &W other staff assistance and cooPerabioO.Tura PORX rhali provide these services in good faith and partictpate La these disclwiotu WU%into account such considers on that may inohrde bid is not Bruited to thO benefits to 1`01(T developrneat capabilities wluch may result frown increased traffic beyond that genemd try the PORT tenants, maxkeWble timber that will r>eod to be harvested, bud8vtwy constraints and enastiog debt, l $ agremaeaat Tay be temyhu by the POR'r should finateial issum not be negotiaWd to flue Wisfaclion of the PORT's Board of Commissioners. i. YroviSion strati tie made for access to au Mn Pamopahng land owners ebunitng the proposed roue as well as the owner of parcels abutting the Mdsting Cital Roma in ino lava ox me Mason Cotmty maintenance shop iocatod in the Southeast quarter of Section 3, T20N,R3`W'. 7- � �ndetnnity. MAN]KE shall indemnify, save harmless and defend tlio PORT, its elected and appointed officials, =Vloyees, and agents Cncltldirtg rCirnbu>sing the PORT for all costs and ammueys, fees) from any and all darnaRes, clan kind, au aocetutxt of it>jnnry to or de8t]n of ms, or demands, of any any and all poisons, canned by MANICE or its cocaac4ors in me eousuvc-cion o> Uie roadway,inetudi ng,but not 11nuted to,MANKE, its agents AVowNw t -Page),of 8 R—i"L11d/06 Ee ��dd LEZe�Zb99E BL :ZL 900ZIzi/5e `i i�=oY , i uul cxltrac ions and their sttca-.ssots antl assigns as we" as the PORT or the PORrs Q Iiyuues altx ied tuiji APPOimed officials and agents, coaUlwtom and aft d]ird snaii further in save Parties. Z�fANKE t3', harmless and defend the PORT, as provided above, from all P"45014 ucu agi;ui any Kinu, vvriecaor tt Vble or intan,ilile including loss Of rase resulting f 4,,,, sucdt damagi�, that occaitg in con"ecuon wft any work perforYtW. by MArl'KE or taus 4 in wnoie or in part, try the presence of fa1A WE or its offici4K ernployon, agenm, con ors, suooO�rs,or their properly upon er iu profaiqjty to PORT rights-of-wary or PORT utilities. g. NQn-Exclusive. The right!& and privleges grantod h shall not be deemed exclusive and the right is Imreby reserved to the PORT to cre'n grant to anlr other l 'wY, "xPutudon or assocaation,1nciudi9 Mason C Ounty the rigid to exercise the rights acid prrvijeges her in grautvd, provided diets such g�tt to arty o0w ers iud r pon company, oatporation or wcuig ine i ounty, does not distttro or a&e" the rights and privileges herein grmiten to MAiv"t i ne;t" I'rains all subetU ace rights€dated.to the road su&ace ease0xnt ucz:tiiilai itrrain and rigius of,way w inciodo bus tuft bmijW to utitity a,Coess and pls tt bout during the construct otr period and upon campietion of the roadway, 6 u�1Cu:,�i cafyilii�outttY�; it'rit}r io the ptaCimnmxe of any wock on the roadwgLy or on any valid PORT Property Or their rigius-Qf-way.MANK.E shall oltWn fronts MASON County a adway Oonshw iOu petzmt in addition to any other petrrrits required by law. 110 Mfg4fkAitiom oz Terns. - ditiortx, The PORT and.MANKE hereby reserve the ilsy4i eV aiiae,Z�ttCltu ut �etVwi� nits it wCt utxi WOditions to this Agreement and nice Et Lft i"- 84Y PMn*Issued ++oe uiiuii wiiiiau a�[t c�>feul oy DOTi4 PQr ies W such alveraxiM amerWnwat or IilOdiftOdtiOrl. c i_ fey city. tx nary Ierr»,provispp� CozYdti�ion„ aT portion of this Agreement&+hall be s eve w vc u�rtulu "c tltilaUtttpatu, ionui � mW reaso-t, tine portion dc�claraci mvaiid shall be severable and the remainingportions of this a, tt shall. be etifolr+�le unless to do so wvuiu bo ii"tiitabie or wouia r�asutzt in a matmr t chutge in lite tights and obligations of the parties he-remder. 1 't tan3terabitity. The ngbts and privileges g mW to lV1ANYE as provided in this F+vtb,c.aui 11Niy vuty iaa assigxtef tar uwls e[tw to atxptiw entity With the prior written approval of the irOR T. l ile ru K r will not u"Oasoaaa UY vvithhold m consent or r tare coaditiaris or del of such res � unduly t�striadve ay pome. Howevaer, MANKE may assign or U=skr the rights and privileges gutted hcrein to any affiliate,par or subsidiary of MACE, or to m enti ry with or ",to which MANKE may trterge or consolidate, or to an entity which controls,is controlled by,or is uRaor common. eommi wit" such mutt' or to arty pwthwer of art or subs�ti$ily all of the ce of tiCe t o wrtuour the requtrewwnt for t'�1kCt ,anvrnvaa, so lsufq as the R=emor vrovides vvrittera rlatiGe to the PORT this it Woes to be fully liable to tlxe PORT for compliance with all iat ms alud counitiolls arThis Agreement i3. it' c liv mate. Tr1is �grminem shafi take enact •L__ . .,...__---- axecubion by boti>, panties to KUJ.[i�'1GGl1AQ1� Agrunt -Page f of 8 Rovilvd 1/12/06 Va ]Dvd tEZHLZbo9E 81 'Z1 998Z/Z1/so 1LJ L!J GUVV 1U. JL JVV`YL f VL�J1 --u� VJ 14. Eht[IC AP7E 17kB�lt Tt1$AgeeajeUOOQS..g.ti10 F�]tIT® C p"ecs srA<l SLtpOiS c11j O feTS,n Iel�and unto �b1 ruatter contained herein e�otintions and other concerning the (a)Arty antendntents to this Agreement must be in writing and executed by both parties. iO3 ii easy provision of mis, Agmement is igvah(l or unawforceablc with re, to any Pwly, the rem"Ct of dais Agfta t of the Application of such provision to person ��them those as to whom it is held invalid or unenforceabie,shall not be affected and �vrisiou to his Agroccntent snnii be valid and erntorceable to permitted by JAW. the fl3lle�t tit (c) This Aereement shall be binding on and inure to the Imefit of the successors and perunitted assignees of the respective pardes_ (d) Any notice or demand required to be gxvcu herein shall be made by certified or registered mail,rcUrn receipt requested,or reliable ovanaight cozier to the address of the respective parties set forth below. iej i ais Hg ve e v&mail os govemed by the Laws of the State of Washiam on. Mly axe a j iho a(iprO" yr cOMSt nt of onePay Veto is required, retduested LU 4JLK---W%3d io be giverx UndCW tilis Asroenbmy,SUCli or withhold its approval.or tureen# Partystnalt not unrcas nably dday ts� tn•y -'kt�nt truly be executed m dupiicne couenterparts, each of'which shall be deemed an original. I s. $amiss to EnforO CPWR!I:W�g, In addition to any otfw rem 'Provided herein, suVor lcd a8-.i lrl.e n� to pnirsm ay relmoay' to CO�1 or torte MANK-1; Ar Wor lt`3 successors and a�sigas to cotnpty with the terms hereof,and the pursuit of my tight or remedy by nor provent the FORT Aum thereafter declaring a forfedtt� brea or revocatiion for breach of the conditions herein .�grsem�nz -f'agC S of Y . R4VI"J v►vos rs?�_ztieae ai:zi se�zi�tise TN WY`" KESS WHEREOF,Mo Fatties have executed this Vq-tt.,,.. Agreemwnt as of the date fast ixn deuc3 ilcadw ix7ive cuieLuuxi iiliS►.ewc agmeryewu as of the and� }rC$i I1CSt 800V2'Wfit{CYf. PORT OF S TON,a njw icipal corporadon L-X-r1Gv Commissioner BY, �SSiOne1' MANKE LUMBER,INC- MANK13 FAMM Y'RESOURCES,L P- a Washington Corporation a Limit Partnership By: t9iscd V 12/06 .�E S'lA•M OF WASITYNGTON § g COUNTY OF MASON § `ram On this day of f V, _ 2 , before me,the undemgned,notary yubxic in 4nd ivr ine Swxe of�l+asningron, duf "ly mmimoned and sworn, persmaUy 1 Al C ENE 7 A.YLO R, JACK WES, mid RICH'ARD BYRD to rns ,lmown e ed C ssioners of the Port of Commissi� of the part of She W% l30B RD$IlVSON,to baPP the a Down to be the Ni mag�ing Director of the Port of Shelton, a mu wca al co to ma corporation that esecutcd fho p rP4�� the free and oolun ro�'��n"�� and ackwwlodgcd said insituYrreue to be the twy act and deed of said eoWation, for the uses and ptrposes therein mentioned tutu cud vtu&c si a"twat 0-cy wme duly authorized to execute tine same I-N ESS ury hand and official seai i�repo the day MA ydar first above"ttm, ICA 00 iA NAME: NL` ��n ` �` •;is i�("� ." NOTARY PUBLIC IN AND FOP,TmE srAt`� 3 A. �� �'ASHINGTON, at (\1SJLl S•Y ti7'V OF WASWNGTON COUNTY OF MASON � Agreey7m7xr-Pugs 7 of S Raws6d I112J06 Lu d`JVd LL,/,OL6Dby-1 u,+uc��iZ{cibe> rxrit" puozic' in and for the sm, o yy pass any app�e4 .j aitd , ''�1 , duty 00m�ssrO40d and sworn, �"�' �'�/ '•�%� to uae known;to be the r rsFec 'Vciy Of- a % 4���efthip hat�exocuted the fo asiungion Corporation instntcz�ettt ea be the free and volt"'- �Oing ius nt, and acknOWledged said ary act and deed of said corporation, far the uses and PWPOst'-�; therein mmkioned ana on oatu slated Tbu they were fluky ai itorizcxi to cgecute the O➢`ran W i'1NESS nxy hand and oific-iW seal hereto the day and year first above written. ti gY RYA r,, 'a �e,,''o :oa aOTA,q PRWU4Tr ¢ U � tA p� NOTAXZ'Y PUBLIC IN AND FOR TIM STATE OF � (l8�iG :' f WASMNOTON,residi ng uig of 4°,� ��fi 1-7:0._ 0- UY Comznimiou c)cp es: - _07 ➢'��\\�a.\ewe�`w n'�re.�rriart-YU�e 9 of 8 RIoVi O U17106 80 �9t1d T9ZOLZb09E oi:ZT 900E/ZT/so