John Wayne Pioneer Trail Reconnection Route

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activities. They will inform the City and/or County of urban and suburban type law enforcement situation beyond park rule violations requiring city andlor county action. The City and County will be responsible for responding to these enforcement activities. 6. The site is to be managed consistent with the provisions of Chapter 43.51 RCW and the rules and regulations adapted thereunder, unless otherwise exempted by the Director of Commission. 7. Development and maintenance along the trail corridor shall be done in fullpossession of all necessary permits and licenses and in accordance with all applicable codes and regulations including SERA compliance and consistent with the overall development plans prepared by the Coimnission. Obtaining permits will be responsi- bility of the initiating party. 8. This agreement allows management by the County of Commission owned lands, as shown on (Exhibit "2"), outside the trail corridor from the ( ). Any nwdifacations or uses of this propertyfor other that buffer shall be consistent with trail development and preservation of the river corridor and approved by Commission staff prior to use, modification or construction. Use of these lands for County recreation purposes may be granted by amendment to this agreement upon approval of County plans for said property by Commission staff and approval of use by the Commission. The County shall be possession of all necessary permits and licenses and shall carry out all development, maintenance and operation according to all applicable codes and regulations, including SERA and archaeological clearance. 9. This Agreement allows the use of County owned lands, as shown on Exhibit "2 ", by the Coirunission at ( ) for the placement of ( ). All new facilities and improvements other than those specified above made by the Commis- sion shall be consistent with trail development and preservation of the river corridor and approved by County staff prior to construction. The Commission shall be in possession of all necessary permits and licenses and shall carry out all development, maintenance and operation according to all applicable codes and regulations, including those of SERA and archaeological clearance. 12. This agreement is only permission to allow the Commission to use County and City owned property and the County to use the Commission owned property for the purposes and on the terns and conditions herein states. No legal or equitable title is conveyed hereby. Title to the subject property shall remain with the landowner through- out the terms of this agreement or any renewal therof. 13. The City and/or County shall defend and hold /aimless the Commission and the state of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of the activities of the Commission, its officers, agents or employees, for which claims the Commission, its officers, agents or employees, for which claims the Commission will defend and hold the County and/or City harmless. 14. The City shall erect and maintain a sign(s) identifying the Commission, CWU and County as cooperating agencies. Any development authorized in accordance with Article 8 herein shall be signed by the City, CWU and County identifying the Commission as a cooperating agency. 77w Commission will be the primaryfocal point and contact for signing. 15. This agreement may be terminated at any time by mutual written consent of all parties hereto. 16. The provisions of this agreement may be modified at any time by the mutual consent of all parties hereto. 17. No rights under this agreement maybe assigned without the prior written consent of the other parties. This does not preclude third parry agreements for concession or agricultural purposes in compliance with the Management Plan. 18. Any tree removal shall be in accordance with landowner rules and regulations. 19. Vie site is to be used by the City, County, CWU and Commission for public trail corridor purposes. Except as otherwise provided for Herein, this agreement may be terminated by any party in the event of non-compliance by any party with the terms and conditions hereof, providing that the terminating party allow the non -complying party 90 days written notice of violation in which to correct any situation which is not in compliance with the terms and conditions of this agreement. If correction is not made to the satisfaction of the terminating party within the 90 days, this agreement will automatically terminate without further notice. 20. Upon termination or expiration of this agreement all improvements placed on property under this agreement shall be disposed of in compliance with applicable RCWs. John Wayne Pioneer 7l -ail Reconnection Study Final Report September 2001 67