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Home My WebLink AboutContract CAG-19-082 � Denis Law Mayor Community Services Kelly Beymer,Administrator Nationally Accredited Agency March 15, 2019 Mark Jordan, Ph.D., Associate Professor Department of Biology Seattle University 901 12th Avenue Seattle, WA 98122-1090 PERMISSION FOR RIGHT-OF-ENTRY TO BLACK RIVER RIPARIAN FOREST AND WETLAND AND TIFFANY-CASCADE CONNECTOR Dear Dr. Jordan: The City of Renton Community Services Department (City) hereby permits employees and students of Seattle University (Permittee) to enter Black River Riparian Forest and Wetland (BRRF) and Tiffany-Cascade Connector(TCC)for the purpose of understanding how mammalian carnivores, such as coyotes, foxes, raccoons, bobcats, cougars and bears live and interact with people across urban and suburban areas in the Seattle region (www.zoo.org/seattlecarnivores), subject to the terms specified below. Permittee's Representations Purpose of Permittee's surveys in the Park: • The purpose of the surveys is to install motion detector wildlife cameras to collect data; • Increase understanding of wildlife coexistence with humans throughout the Seattle metropolitan area to help inform park and greenspace planning. Permittee will perform surveys as follows in the Park: • Two people per visit (recommended); • One camera trap will be located about two feet above the ground, locked to a tree, and aimed at a wildlife trail; • Camera will be set up for one month in each of four seasons; • A label on each camera will indicate they are being used for wildlife surveys, and provide contact information for project leads. The Permittee will adhere to the following: • Permittee will deliver a letter describing the project to residents along 123rd Ave SE,whose properties back up to TCC — 15657, 15665, 15801, 15809, 15819, 15827, 16001 and 16009; • Permittee will not perform survey activities in the construction footprint, fifteen feet (15') on either side of the Lake to Sound Trail shown in "Exhibit A"and in the wetland mitigation area for the Lake to Sound Trail at BRRF, as shown in "Exhibit B"; • Survey work will only occur during Park hours of operation, between sunrise and sunset. 1055 South Grady Way,Renton,WA 98057• rentonwa.gov o Permittee may go off-trail to find adequate locations for the cameras; any off-trail access should avoid and minimize impacts to flora and fauna to the maximum extent possible; • Collection of plants or animals is not permitted; • Survey team must wear identifiable, bright-colored vests; • Survey teams will enter the park sites on foot. Conditions of Right-of-Entry 1. A copy of this Permit must be in your possession when on-site in the Park. 2. It is understood and agreed by the Permittee that the performance of any work under this Permit shall constitute an acceptance of all provisions and an agreement to adhere to all of Permittee's Representations stated above. 3. The term of this Permit shall begin April 1,2019 and shall terminate March 30,2020. The City retains the right to terminate this Permit at any time it sees fit, and for any reasons it desires. 4. Prior to entering the Park(approximately two days prior), the Permittee shall communicate and coordinate survey schedules and locations: 1. BRRF—with Parks Maintenance Supervisor Dana Appel at (425) 766-6202 2. TCC —with Parks Maintenance Supervisor Stefanie Coleman (425) 282-8528. 5. At no time shall Permittee in any way represent themselves as an employee, officer, or agent of the City. 6. Prior to any soil moving activities please contact the Parks Division at (425) 430-6606. 7. There shall be no entry onto the subject properties, nor onto any private property, except via public roads, without the permission of the affected owner. 8. Vehicles shall be kept on maintained roads. 9. Each vehicle shall carry one round-end pointed shovel and fire extinguisher. 10. Overnight use of the subject properties is not allowed unless approved by the City. 11. Permittee shall notify City Park staff of any unusual or unauthorized activities noted while in the Park. 12. Any negative physical impact to preserve property will be restored and/or corrected to the satisfaction of the Director of the Parks Division. 13. Permittee shall in no way obstruct or impede access to the subject properties. In addition, Permittee shall take action to ensure that all work in relation to this Permit is conducted in a safe and prudent manner. 14. Permittee must be insured for damage resulting from liability of Permittee or any of Permittee's agents or employees with General Liability insurance with minimum policy limits of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. Permittee may be requested to furnish to City proof of insurance in the forms and amounts satisfactory to City. 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov 15. Permittee shall defend, indemnify, and save harmless the City, its officers, agents, and employees from and against any and all claims (whether valid or alleged), demands, actions, suits, damages, losses,judgments, liabilities, expenses and costs, including but not limited to, court costs and reasonable attorney's fees incurred by City on account of any such claims, demands, or liabilities, and from loss of any kind or nature or nature arising out of, resulting from,or in connection with this Permit. Permittee's obligation shall apply whether or not there is concurrent, active, or passive negligence on the part of the City, its agents, officers, or employees, except where the City is solely negligent. It is further specifically and expressly understood that the Indemnification provided constitutes Permittee's waiver of imrn it nit"under the Industrial Insurance Act, RCW Title 61. solely for the purposes of this indemnification. The parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this license. 16. Nothing in this Permit shall be construed to grant Permittee an easement by implication, prescription, or any other operation of I av, or to extend the term of the Permit past its expiration date as stated herein. 17. Permittee must make all necessary precautions and coordinate all efforts with City Parks Division staff to insure the safety and security of the preserves at all times. 18. Permittee must provide City with reports summarizing the work completed in electronic and/or hardcopy form. If you have any further questions, please contact Cailin Hunsaker, Parks and Golf Course Director, at(425)430-6606 or e-mail chunsaker 7rentonwa.gov. IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement for the permit term described in Section 3. CITY OF RENTON SEATTL SIT / v. .. 0/74.. ,/...ekeeKELLY BE MER, •6' inistrator MARK JO , h.D.,Associate Professor 0 /1q 3 /2f / / Date Date Approved as to Legal Form: .0e400t,e Opt SHANE MOLONEY City Attorney Date `�`,-aD--1 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov mew cc: Cailin Hunsaker, Parks and Trails Director Leslie Betlach, Director of Park Planning and Natural Resources Steve Brown, Parks Maintenance Manager Dana Appel, Parks Maintenance Supervisor Stefanie Coleman, Parks Maintenance Supervisor • "s► 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov 4-,i-Otit 1 _\ f. 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