KITTITAS RECLAMATION DISTRICT
P.O. Box 276/315 N. Water
Ellensburg, WA 98926
Phone:925-6158 Fax:925-7425
Email: krdoffice@elltel.net
Website: www.elltel.net/krd

THIS AGREEMENT made and dated this ____ day of ____________, 20___, by and between KITTITAS RECLAMATION DISTRICT, an irrigation district organized under and by virtue of the laws of the State of Washington, hereinafter referred to as Grantor; and _______________________, hereinafter referred to as Grantee, NOW, THEREFORE, IT IS AGREED between the parties as follows:

1. Grantor does hereby grant to the Grantee a permit for ingress and egress across Grantor's KRD lateral _________________ as revealed on the map attached hereto as Exhibit "A"^* and by reference herein made a part thereof and for the uses and restrictions as follows:

2. That said crossing shall be constructed according to the plans and specifications of Grantor and Grantee. Grantee shall pay for all costs of labor and materials for initial installation. Any further repair work necessitated to repair or replace the culvert and/or road shall be paid for by the parties in possession of said crossing as hereinafter referenced.

3. That the use of the crossing shall be for the purposes stated above and shall be used in such a manner so as not to hinder, impede, damage or interfere with the water delivery functions and facilities of Grantor.

4. It is further understood that said crossing is for the Grantee's sole benefit and that the Grantee will indemnify, defend and hold harmless Grantor from any and all claims made by any person or entity, including Grantors attorney fees and costs incurred in representation on such claim. Grantee shall obtain and provide one million dollar insurance per occurrence that provides loss coverage for incidents arising out of use of the crossing and which insurance shall name Grantor as an additional insured for that purpose.

5. Grantee shall not make any repairs of said crossing done pursuant to consent of Grantor, and they shall be done according to Grantor's plans and specifications. At any time Grantor may make any repairs to said crossing to protect Grantor's facilities. The expense of such repairs shall be billed to and be paid by Grantee, and failure to pay shall be cause for revocation of this permit upon (5) days written notice to Grantee.

6. Grantees, for themselves and for their heirs, successors, or assigns, herewith release Grantor from any and all claims, now existing or that may hereinafter arise in the future, either known or unknown, resulting from or in any connected with seepage from the Grantor’s canals or laterals.

7. Such use as granted herein shall be at the pleasure of Grantor and may be revoked upon 30 days written notice to Grantee.

8. Any such notice herein may be mailed to: _________________________________________ and such notice postage prepaid sent to such address shall constitute sufficient notice.

CROSSING PERMIT

THIS AGREEMENT made and dated this ____ day of ___________, 20___, by and between KITTITAS RECLAMATION DISTRICT, an irrigation district organized under and by virtue of the laws of the State of Washington, hereinafter referred to as Grantor; and _______________________, hereinafter referred to as Grantee, NOW, THEREFORE, IT IS AGREED between the parties as follows

9. This permit shall be binding upon Grantee's heirs, assigns, purchasers or successors in interest. This permit will provide access for X crossing as shown on Exhibit "A".

NAME: ______________________________ Phone No.: _______________

SECTION: ______, TOWNSHIP: ________, RANGE: _________

LATERAL: _______________

COUNTY ROAD: ______________________

SIZE AND TYPE OF CROSSING: ____________________

EXHIBIT "A"

LOCATION MAP: ATTACHED

Construction Specifications for a culvert:

1. Excavate below invert (bottom) of lateral, removing all large rock (depth to be determined by site and size of pipe). Backfill with bedding material in six (6) inch lifts, tamping each fill. Be sure haunch area (bottom of curve) of the pipe is well tamped. A minimum of two (2) feet of fill from the top of the culvert is recommended.

2. Inlet and outlet of culvert will be rip-raped with rock or concrete head wall to prevent erosion.

KITTITAS RECLAMATION DISTRICT                       GRANTEE

by:___________________________                     Mr.____________________________
     Chairman

by:___________________________                     Mrs. ___________________________
     Secretary-Manager