HomeMy WebLinkAbout19-094 - King County - Salmon Recovery Funding for Green the Green19-094
Council Approval N/A
Appendix N: Landowner Agreement
Landowner Agreement
For Projects Funded by the Salmon Recovery Funding Board
This Agreement, dated and effective beginning the 29th day of May, 2019, is made a'nd entered
into by and between the Landowner and Grantee identified herein. The parties intend that all
terms of this Agreement shall remain in effect for a period of ten years from the date of project
completion, and the agreement shall be binding on all successors in interest during this time.
The date of project completion is the date of final payment to the project sponsor (here
Grantee), as defined in Section E of the Salmon Project Agreement. It is the responsibility of the
Grantee to inform the landowner of this date.
Landowner Name (Landowner): City of Tukwila
Street Address: 6200 Southcenter Blvd
City, State, Zip Code: Tukwila, WA 98188
Salmon Recovery Funding Board Project Sponsor (Grantee):
Grantee Name: Ding County
Street Address: 201 S Jackson St
City, State, Zip Code: Seattle, WA 98104
Purpose of landowner Agreement
The purpose of this Agreement is to identify and confirm the terms, conditions and obligations
agreed upon between the Grantee, who is undertaking a project (Project) funded by the Salmon
Recovery Funding Board (SRFB), and the Landowner, who owns the property on which the
Project will take place.
Manual 18, Salmon Recovery Grants + March 2019
dix N: Landowner Agreement
The Grantee and Landowner mutually agree to participate in conducting the salmon habitat
improvement activities described below on right-of-way lands owned by Landowner in the
Green-Duwamish Watershed (Water Resource Inventory Area 9), King County, State of
Washington. The activities also are described in, and in accordance with, the Recreation and
Conservation Office (RCO)'s Project Agreement No. 18-1444 dated 7/1/2019, into which this
agreement, once signed by both parties, becomes incorporated herein.
The Grantee Agrees to:
1. Be responsible for the design and installation of the project, and the conduct and
activities of its staff, agents, and representatives.
2. Provide the Landowner with a timeline of estimated dates of Project activities, including
start and completion dates, and to keep the Landowner informed of progress.
3. Conduct the project -related activities described in the Project Description, as appended
to this agreement.
4. Leave all remaining portions of the property in as near pre -project condition as
reasonable, or as otherwise agreed upon in writing with Landowner.
5. Inform Landowner of project completion and the dates for this Agreement.
6. Hold harmless the landowner from any liability associated from injuries.or damages
occurring to workers implementing the project.
7. Identify the specific maintenance and/or monitoring activities that will be provided by
grantee in Attachment A (Include frequency and duration).
The Landowner Agrees to:
Provide reasonable property access to the Grantee to plan, implement, and complete the
project, and to conduct the long-term maintenance and monitoring activities, as
described in the Project Description attached to this agreement.
2. Provide the Grantee and RCO, or their employees, agents, representatives, contractors, or
assignees, the right to enter the land, at reasonable times, and upon reasonable notice.
Entry is solely for project implementation and management purposes, to inspect
completed work and to monitor long-term success of the completed project. Except in
case of emergency, reasonable notice shall be given at least 48 hours before entry.
3. Not intentionally compromise the integrity of the project;
4. Inform Grantee of all known safety hazards on the property;
Manual 18, Salmon Recovery Grants . March 2019
Appendix N: Landowner Agreement
5. Identify the specific maintenance and/or monitoring activities that will be provided by
Landowner in Attachment A (Include frequency and duration).
Landowner has no obligation to provide access to parties other than the Grantee or RCO, or
their employees, agents, representatives, contractors, or assignees. For the purposes of viewing
the Project for information or educational purposes, Landowner and Grantee must mutually
agree before such third -party access is offered.
Genera[ Terms
The Landowner shall notify the Grantee of changes in ownership of the property on which the
Project is located within thirty (30) days of transfer. In the event of such transfer of ownership,
the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such
transfer. The Landowner's written notification to the Grantee will include the name of the new
landowner. The sponsor then will contact the new landowner to determine whether or not the
landowner agrees to continue the landowner's specific maintenance, monitoring, and reporting
responsibilities as described in Attachment A (if applicable), and to not intentionally compromise
the integrity of the project. If the new landowner agrees, please provide a copy of the new
landowner -signed statement to continue the landowner's monitoring, maintenance, and
reporting responsibilities as described in Attachment A.
To comply with Executive Order 05-05, Archaeological and Cultural Resources, Grantees may
have to complete a cultural resources survey in response to any cultural resources concerns that
might arise. Grantees will notify the landowner if a consultation is required. If required,
consultations must be completed before construction begins.
This agreement may be terminated by the Grantee, if in its discretion, it determines that
circumstances have rendered the Purpose of this agreement impractical to achieve. Termination
also may be sought by either party by providing written notice to the other party. Such
termination shall be effective only after authorized representatives of both parties have agreed
in writing to such termination and RCO has been provided a thirty (30) day advance written
notice of such termination. If, in the event the project is intentionally removed, destroyed, or
otherwise compromised in function, or if successor Landowners do not agree to the terms of
this Agreement, RCO reserves the right to seek remedy as described in the section titled
"Restriction on Conservation of Real Property and/or Facilities to Other Uses" of the Salmon
Project Agreement and Washington Administrative Code 420-12-085, which requires the project
sponsor to provide a new restoration site to serve as replacement.
This Agreement does not authorize the Grantee or RCO to assume jurisdiction over, or any
ownership interest in, the premises. The Landowner retains sole responsibility for taxes,
assessments, damage claims, and controlling trespass. The Landowner also retains all benefits
and enjoyment of the rights of ownership except as are specifically provided in this agreement.
Manual 18, Salmon Recovery Grants • March 2019
N: Landowner Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement.
4, 3 • t
G ra
Date
Landowner Al 49 Ekberg, Mayor ��;° ��t'� ` [ s,� �= Date
Provide a copy of this Agreement, and any amendments to this Agreement, to the RCO:
Washington State Recreation and Conservation Office, PO Box 40917 Olympia, WA 98504-0917
Attachment A: Project Description and Maintenance Responsibilities
Written description of the project -related activities that will occur on Landowners
Property (consistent with project cost elements) and the anticipated salmon or
environmental quality benefits: (Include restoration/enhancement activities and any
long-term maintenance needs and effectiveness monitoring activities that will occur in
future years.)
This project will revegetate approximately 2,500 linear feet of shoreline on the right bank of the
Lower Green River within a City of Tukwila right-of-way. The project will include site preparation
to treat invasive species prior to planting. During summer 2019, the invasive species on site —
mostly Himalayan blackberry —will be mowed and any regrowth will be treated with herbicide
up to two times. The Grantee will provide notice to the Landowner in advance of any herbicide
application, and provide information including dates of application, product applied, and the
method of application. Existing native trees, shrubs, and snags will be preserved. The project will
avoid disturbance to surface soils via mowing and herbicide application and no grading, filling
or other shoreline modifications are proposed as part of this project. After weed control is
complete, mulch will be applied to the entire site at a depth of 4 inches (where feasible) to
provide erosion control, add nutrients to the soil, and to enhance soil moisture retention
following planting.
Following successful site preparation, native trees and shrubs will be planted in fall 2019 and
early winter 2020 to provide future shade and riparian habitat. The 2011 Green River
Temperature Total Maximum Daily Load (TMDL) report from the Department of Ecology
recommended strategies to improve temperatures in the Lower Green River, including riparian
plantings such as this one. The attached map show the extent of the planting. Note that trees
will be planted at least 10 feet away from the West Valley Highway shoulder edge as part of the
WSDOT "clear zone". Shrubs will be planted at least 7 feet away from the edge of the road. Trees
will be planted above the ordinary high water mark.
Manual 18, Salmon Recovery Grants 9 March 2019
endix N: Landowner Aareement
Maintenance is critical during the first few growing seasons after planting to ensure survival and
weed control. Maintenance will consist of mowing and/or herbicide application to control
invasive plants around young native plants and watering during the first 2-3 growing seasons.
Mulch will be reapplied if needed.
2. Describe the maintenance and monitoring responsibilities of both the Landowner and
Grantee for the term of this agreement. Include the activities, frequency and duration of
work to be performed.
The Grantee will conduct maintenance and monitoring of this planting for the next ten years.
Intensive maintenance, including summer watering and weed control (mowing and herbicide
application), will occur during the first 2-3 summers, followed by ongoing maintenance as
needed for plants to establish.
The Landowner should alert the Grantee if there are maintenance concerns.
APPROVED AS TO FORM
Office of.the City Attorney
Manual 18, Salmon Recovery Grants • March 2019