Full Text
VIRGIL PHILLIPS FARM PROPERTY LEASE THIS VIRGIL PHILLIPS FARM PROPERTY LEASE (hereinafter "Lease") is made as of the day of Q@bgy- , 2012 by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, (hereinafter referred to as "Lessor"), and Latah County, Idaho (hereinafter referred to as "Lessee"); RECITALS WHEREAS, Lessor is the owner of the premises described below (commonly known as the Virgil Phillips Farm), of which some portion is subject to a testamentary bequest that the real property be used "for the benefit and use of the children of Moscow, Idaho for recreation purposes"; and WHEREAS, Lessor desires to lease the premises to Lessee "for the benefit and use of the children of Moscow, Idaho for recreation purposes" and compatible uses; and WHEREAS, Lessor wishes to insure that any development proposed by Lessee IS m conformance with recognized park development standards and guidelines; and WHEREAS, Lessee, being fully aware of the said restrictions upon the use of the premises pursuant to the testamentary bequest, desires to lease said premises for the use allowed thereby; and WHEREAS, Lessor and Lessee represent that there exists no prohibition or encumbrance on the premises or of their authority which would prevent such a lease to Lessee for such stated purposes; and WHEREAS, the parties desire to enter into a lease agreement beginning the 1st day of October, 2012 and ending the 301h day of September, 2017, defining their rights, duties and liabilities relating to the premises; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. SUBJECT AND PURPOSE Lessor leases, demises and lets, subject to the conditions and tenns hereinafter set forth, land located in the County of Latah, State of Idaho commonly known as the Virgil Phillips Farm Property, and more particularly described as follows: Northwest quarter of Section 18, Township 40, North Range 5, west Boise Meridian (less highway). to Lessee for Lessee's use for the benefit and use of the children of Moscow, Idaho for recreation purposes, as further defined and as granted by this Lease. Lessee shall not use or allow the PHILLIPS fARM LEASE PAGE 1 OF9 Z.o 12.. · l ---PAGE BREAK--- premises to be used for any other or for any unlawful purposes. It is specifically agreed that the relationship between the parties is solely that of lessor and lessee. 2. TERM Lessor leases the above-described premises from the date of the execution of this Lease Agreement to midnight, local time, September 30, 2017. 3. CITY OPERATION AND MAINTENANCE CONTRIBUTION Lessor hereby agrees to pay to Lessee a total amount of five thousand dollars ($5,000) during each year of this term to assist with expenses related to maintenance and operation of the demised property. Such amount shall be paid to Lessee within fifteen (15) days following the first (1st) day of October of each year of the term of this Lease Agreement. 4. ALTERATIONS, ADDITIONS AND IMPROVEMENTS For the purposes of this Lease, capital alterations, additions and/or improvements shall be defined as those alterations, additions and improvements relating to, but not limited to, buildings, sheds, shops, wells, utility services, roads, houses, auditoriums, bunkhouses, parking lots, pathways, ponds, streams, stream beds, water features, play areas, restrooms, maintenance areas and other similar recreational features and development. A. Subject to the limitation that no substantial portion of the demised premises shall be altered, demolished or removed by Lessee without the prior written consent of Lessor, Lessee may at any time during the lease term, subject to the conditions set forth in this Lease and at its own expense, make alterations, additions or improvements in and to the demised premises. Any work covered under this section shall be perforn1ed in a workmanlike manner and shall not ·impair or lessen the value of the premises or create additional liability for Lessor. B. Conditions with respect to alterations, additions or improvements are as follows: Before commencement of any work, all plans and specifications shall be filed with and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of relevant regulations. Lessee shall, without cost to Lessor, and where required by law, require any and all contractors, including subcontractors, to furnish a performance bond written by a surety licensed to do business in the State of Idaho in an amount equal to the estimated cost of the work, guaranteeing the completion of work, free and clear of liens, encumbrances and security interests, according to the approved plans and specifications. C. All capital alterations, additions and improvements on, of, or in the demised premises at the commencement of the term, and all alterations, additions and improvements which are designed to be permanent which may be erected or installed during the term, shall become part of the demised premises and the sole property of the Lessor at termination of the Lease. D. Lessee agrees that it shall, at the termination of this Lease, restore the demised premises to its condition as it existed at the commencement of this Lease, unless such other condition is or has been approved by Lessor. Lessee agrees that it shall, at the tennination of this Lease, peaceably and quietly surrender and deliver the demised premises to Lessor free of sub tenancies and further surrender and deliver all buildings, additions and improvements constructed or placed thereon by Lessee in good condition and repair, reasonable wear and tear PHILLIPS FARM LEASE PAGE 2 OF 9 ---PAGE BREAK--- excepted. Capital improvements and alterations shall not be removed without Lessor's prior written consent and shall remain as part of the demised premises. 5. REPAIRS AND MAINTENANCE Lessee shall, at all times during the Lease and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all of the leased premises including the roads, driveways and buildings including, but not limited to, the interior, exterior and roof, and any improvements, additions and alterations thereto, and shall prevent waste, damage or injury to the demised premises and persons using or occupying the same. The condition of the premises shall be determined by mutual agreement by Lessor and Lessee following a joint tour of the property and documentation of condition at the commencement of the lease term. 6. SIGNAGE Any signage placed by Lessee on the demised premises shall be in compliance with City of Moscow Park and Recreation signage utilized within the City limits of the City of Moscow, Idaho and shall be preapproved by the City Parks and Recreation Director. 7. CROPS A. If Lessee determines to plant any crop, Lessee agrees and covenants that it will crop and cultivate any portion of the demised premises in a good, skillful and workmanlike manner, and will not commit or penn it any stripping, removal or waste of the premises. B. Lessee further agrees and covenants to furnish and pay all expenses of conducting the cropping and cultivation of the demised premises in such manner and shall indemnify and hold hannless Lessor therefrom. C. Lessee further agrees to control the growth of noxious weeds, including all expenses pertaining to such control. D. Lessee agrees and covenants to take all actions necessary to be eligible for the production flexibility contract for the demised premises. Lessee shall notify Lessor upon notification of Lessee by the contracting agency that the production flexibility contract is in jeopardy. Such notice shall be tendered to the Lessor within seven days of receipt of such notice by Lessee. Proceeds from any production flexibility contract shall be paid to Lessee. 8. LESSEE TO FOLLOW LESSOR'S FOREST MANAGEMENT PLAN Notwithstanding any other provision of this Lease Agreement, Lessee agrees to act consistently with all relevant components of the Forest Management Plan, attached hereto as Exhibit and adopted as if fully copied and transcribed herein. 9. DOGS All dogs present on the demised premises shall be on a leash and shall not be allowed to run or to remain at large within the demised premises at any time. Voice control or voice command shall not be considered a leash for purposes of this Section. 10. TAXES AND PERMITS Lessor shall pay all taxes, assessments or other governmental charges, including permit fees, that shall or may during the Lease tenn legally be imposed on, or arise in connection with the use of, the demised premises or any part thereof, if any. PHILLIPS FARM LEASE PAGE3or9 ---PAGE BREAK--- 11. UTILITIES All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due including access, which shall include, without limitation, the cost of providing utilities to said premises. 12. INSURANCE A. Lessee shall maintain such liability and property damage insurance, including general, personal, bodily injury, products, fire, automobile and property liability insurance, as will protect Lessor from claims for damages because of bodily injury, including death, or damages because of injuries to or as, destruction or loss of use of property, which may arise from operations under this Lease whether such operations be by Lessee or their agents or anyone directly or indirectly employed or controlled by them. B. Lessee will carry during the Term, at its own cost and expense, the following insurance: Comprehensive general liability insurance in the minimum amount of five hundred thousand dollars ($500,000), as required by the Idaho Tort Claims Act. C. Insurance provided under this Lease shall be in an amount sufficient to prevent Lessor and Lessee from becoming co-insurers under the provision of applicable policies of insurance, but in any event, in an amount not less than one hundred percent (1 00%) of the full insurable value of the demised premises for property loss. All insurance required shall be maintained in full force and effect and shall be maintained at Lessee's expense until this Lease, or any part thereof, terminates. D. Lessor shall be named as an additional insured on Lessee's policy(ies) for activities contemplated by this Lease. All insurance policies shall require thirty (30) days written notice to Lessor by registered mail of any cancellation or change affecting any insurance interest or coverage. E. Certificates of such insurance with additional insured endorsement shall be provided to the Lessor contemporaneously with the execution and delivery of this Lease. In addition, Lessee agrees to notify Lessor in writing as soon as practicable in the event of a notice of an injury or a claim is received which involves either party to this Lease. F. Nothing contained herein shall limit the liability of the Lessor or Lessee for their own willful or grossly negligent acts. 13. UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the demised premises or any part thereof for any unlawful or disreputable purpose nor operate or conduct its activities in a manner constituting a nuisance of any kind. Lessee shall immediately, upon discovery of any unlawful or disreputable use, take action to halt such activity. By executing this Lease, Lessor does not admit or accept any liability or responsibility for any pre-existing or latent conditions or problems of any kind or nature associated with the demised premises. Lessee specifically accepts the condition of the premises as is, with no warranties or representations of any kind. Lessee further specifically agrees that its use of the premises shall be at Lessee's own risk and that Lessor accepts no responsibility therefor. PHILLIPS FARM LEASE PAGE40F9 ---PAGE BREAK--- During the te1m of this Lease, Lessee represents that it has not and that it shall not create or permit any condition on the premises which presents an unreasonable risk of damage or injury to human health or to the environment or which would constitute a violation of any statute, regulation or order relating to the protection of health or the environment. Lessor shall have the right, but not the duty, to enter upon the premises from time to time as set forth below to inspect the premises. Lessor may enter the premises without prior notice. Lessor shall conduct any such inspections so as to minimize interference with Lessee's activities. The provisions of this paragraph shall survive the termination of this Lease. 14. INDEMNITY A. Lessee shall indemnify Lessor against all expenses, liabilities and claims of every kind, including reasonable attorney's fees, by or on behalf of any person or entity arising out of either a failure by Lessee to perform any of the terms or conditions of this Lease, any injury or damage happening on or about the demised premises, excepting any injury or damage resulting, in whole or in part from Lessor's intentional or negligent act or omission, failure to comply with any law of any governmental authority, or any mechanic's lien or security interest filed against the demised premises or equipment, materials or alterations of buildings or improvements thereon, excluding those created by Lessor. B. Lessor shall indemnify, defend, and hold harmless Lessee and its officers, agents and employees, from and against any and all costs, claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the act and/or any performances or activities of Lessor, Lessor's officers, agents, employees, or representatives under this Lease. 15. DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this Lease: A. If Lessee shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of thirty (30) days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the thirty (30) day period, Lessee shall not in good faith have commenced performance within the thirty (30) day period and shall not diligently proceed to completion of performance. B. If Lessee shall vacate or abandon the demised premises, as evidenced by Lessee's cessation of substantial activities for a period of sixty (60) days. C. If this Lease or the leasehold estate of the Lessee hereunder shall be transferred to or shall pass to or devolve on any other entity, person or party. date. D. If Lessee fails to take possession of the demised premises on the term commencement E. If Lessee fails to provide insurance as provided in Section 12 of this Lease or there is a lapse of insurance coverage required herein of any nature or for any period of time, no matter how short whether it is due to Lessee's action or inaction or the action of another. F. If Lessee's activities are not of a benefit and use of the children of Moscow, Idaho because of Lessee's failure to act pursuant to the terms of this Lease. The Parties agree that, if Lessee's activities are of a benefit and use of children in addition to those of Moscow, Idaho, provision of additional activities alone shall not constitute a breach of this Lease. PHILLIPS FARM LEASE PAGES OF9 ---PAGE BREAK--- 16. EFFECT OF DEFAULT OR BREACH In the event of any default or breach hereunder, as set forth in Section 15, the rights of Lessor shall be as follows: A. Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title and interest of Lessee hereunder. Lessor shall act in good faith when determining whether to terminate this Lease. Thereafter, this Lease and the right, title and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. Lessee's liability for acts or omissions during the term of this Lease shall not be affected by any default under this paragraph 16.A. B. Upon default, Lessor may re-enter the premises immediately following thirty (30) days prior written notice to Lessee and remove the property and personnel of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. If such property is not collected by Lessee from Lessor within sixty (60) days following its removal by Lessor from the premises, Lessor and Lessee agree that Lessor may dispose of it. C. Upon default, Lessor shall return the remaining portion of Lessee's five thousand dollars ($5,000) contribution pro-rated to the date of first default. 17. NON-APPROPRIATION CLAUSE AND TERMINATION FOR FAILURE TO PAY CONTRIBUTION TO LESSEE Lessor intends to pay its annual operation and maintenance contribution to Lessee during the term of this Lease, if funds are legally available. In the event that the funds are not appropriated during the term of this Lease and there are no other funds by or with which contribution can be made to Lessee, all obligations under this Lease shall be terminated. Under such conditions, obligations under this Lease shall be deemed terminated on the last day of the fiscal period for which Lessor's contribution was received by Lessee. 18. DESTRUCTION OF PREMISES In the event of a partial destruction of the premises during the term from any cause within Lessee's control, Lessee shall, at the option of the Lessor, forthwith repair the same at Lessee's expense. Should Lessee fail to make such repairs upon such direction of Lessor, Lessor retains the right to declare a breach pursuant to Section 15, and shall be entitled to terminate this Lease. 19. CONDEMNATION If the whole of the demised premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Lease shall cease and terminate as of the date on which title shall vest thereby in that authority. 20. EASEMENTS OR ENCUMBRANCES The parties shall be bound by all existing and future easements and encumbrances now of record relating to the demised premises. Lessee shall have no authority to enter into or to execute any easements or encumbrances, affecting the demised premises. Lessor shall provide to Lessee all existing easements and encumbrances prior to the effective date of this Lease. PHILLIPS FARM LEASE PAGE60F9 ---PAGE BREAK--- 21. QUIET ENJOYMENT Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the demised premises free from any eviction or interference by Lessor as longs as Lessee fully performs the terms and conditions of this Lease. 22. WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have regarding that specific instance and shall not be deemed a waiver of any other or subsequent breach or default in any terms and conditions of this Lease. 23. NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, or shall be hand delivered to the party to be notified at the address set forth herein or at such other address as either party may from time to time designate in writing. Every notice and other writing or document which shall or may be given shall be deemed to have been given at the time it is deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. Addresses: Lessor: Director, Parks & Recreation Dept. City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 24. TERMINATION Lessee: Latah County, Idaho Board of County Commissioners 5th and Van Buren P 0 Box 8068 Moscow, Idaho 83843 This Lease may be terminated without cause by either party upon sixty (60) day's prior written notice to the other party at any time following the initial term or any extension thereof. Following such termination, Lessee shall peaceably and quietly surrender and deliver the demised premises to Lessor free of sub-tenancies and further surrender and deliver all buildings, additions and improvements constructed or placed thereon by Lessee in good condition and repair, reasonable wear and tear excepted 25. AMENDMENTS TO BE IN WRITING This Lease contains the entire agreement between the parties regarding the demised premises and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the legal representatives, successors and assigns of both parties. 26. APPLICABLE LAW AND VENUE/ATTORNEY'S FEES/COSTS This Lease shall be governed by and construed in accordance with the laws of the State of Idaho, and venue shall be in the District Court of Latah County. In any suit or action brought to PHILLIPS fARM LEASE PAGE70F9 ---PAGE BREAK--- . . enforce any of the covenants of this Lease, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs from the non-prevailing party. 27. TIME IS OF THE ESSENCE Time is of the essence in all provisions of this Lease. 28. MUTUAL PREPARATION It is specifically agreed between the parties that each party has assisted in the preparation and negotiation of this Lease, and in the event of litigation concerning the provisions hereof, neither party shall assert, as a defense to compliance herewith, that the other party solely authored such Lease. 29. HEADINGS IRRELEVANT In the interpretation of this Lease, the headings are provided for convenience only, and are not deemed to be a part of the terms of this Lease. 30. NO PARTNERSHIP OF LESSOR AND LESSEE It is not the intention of the Lessor or Lessee to enter into a partnership relationship in any form or for any purpose. This Lease shall not be construed as giving rise to any such partnership or any relationship other than that of Lessor and Lessee. Lessee agrees and covenants that it shall not represent, convey or conduct itself or its activities in such a way, expressly, impliedly or implicitly, to third parties that its relationship with Lessor is other than of landlord and tenant. The required reporting by the Lessee and oversight of the demised premises by Lessor shall not be construed in any way other than to ensure that Lessee IS using the land lawfully and responsibly. 31. PARTIES INTENT NOT TO ALTER BEQUEST Nothing in this Lease is intended to nor shall be interpreted to alter in any way Lessor's obligations, responsibilities, fiduciary duties and/or other duties arising out of the testamentary bequest of Virgil Phillips to City of Moscow, Idaho of the real property described herein, nor shall this Lease be interpreted to change, in any way, Lessor's intent to use the Virgil Phillips Farm Property for the benefit and use of the children of Moscow, Idaho for recreation purposes. IN WITNESS WHEREOF, the parties have executed this Lease at Moscow, Idaho, the day and year first above written. · ah County Clerk PHILLIPS fARM LEASE PAGE80F9 ---PAGE BREAK--- . . LESSOR: CITY OF MOSCOW PHILLIPS FARM LEASE PAGE 9 OF 9 ---PAGE BREAK--- ( FOREST MANAGEMENT PLAN for ( The Virgil Phillips Environmental Park INTRODUCTION In 1972 Virgil Phillips willed a 160 acre tract of land as a trust to the children of Moscow for recreation. The property is located approximately five miles north of Moscow on highway 95 at the far west end of Moscow Mountain. The tract has great potential as an outdoor public recreation park within the Moscow area. The City of Moscow, as the trustee, has leased the property for five years to Better Living, Incorporated for management and to fulfill the intent of the trust. A condition of Better Living's lease with the City of Moscow is to develop a forest management plan. Two previous plans have been written for the property. The first plan was developed as a master Environmental Park plan to guide "the development of the site and to encourage a diversity of uses" by the Sustainable Landscape Studio within the Departments of Landscape Architecture and Architecture at University of Idaho. This forest management plan will follow the general outline of the master Environmental Park plan and aid in supplementing the natural resource forestry section. A second brief woodland inventory plan was written by Don Larson of the Soil Conservation Service to address insect problems within stand number 1. Don Larson's recommendations have been updated for current conditions. Copies of both plans are located in the APPENDIX. PROPERTY DESCRIPTION Landowner's name: A Trust for the Children of the City of Moscow Trustee's name: Lessee: City of Moscow Department of Parks and Recreation 1515 East D Street Moscow, ID. 83843 (208)883-7085 Better Living, Incorporated C/O Loreca Stauber Rt 1 Box 54 Genesee, ID. 83832 (208)882-1133 1 ---PAGE BREAK--- Location: Latah County, Idaho Subdivision Section NW4 18 Total Acres: 160 History: Township Range B. M. 40N 05W See sections 1 and 3 (Natural Forest Land) of the Virgil Phillips Environmental Park plan. Prior to European settlement in the 1800's, this area was used as hunting and camas gathering grounds by both the Coeur D'Alene and the Nez Perce tribes. As stated in section 3 of the Environmental Park plan, most of the property was covered by forest. Only 25% of the original forest area remains, with the other 120 acres in agricultural land or homestead. The history of ponderosa pine/Douglas-fir forest stands were shaped by frequent, cool ground wildfire. These fires occur every 7 to 25 years, which thinned the forest and kept it healthy during drought years. The frequent ground fires favored ponderosa pine and Douglas-fir over less fire and drought resistant species like grand-fir. With fire suppression, which started in the early 1900's and the logging of valuable ponderosa pine, many of these forest types have converted to overstocked stands of too many trees per acre composed of less drought resistant tree species. This situation can lead to insect and disease problems during drought years. Growth of these forest are generally limited by the amount of available moisture. Approximately 30 acres of woodland was cut in the late 1960's. Past logging practices, which cut the better, larger, and higher value trees (diameter limited cutting or high-grading) has left an understocked stand of trees with genetically poor characteristics, more prone to insect & disease attacks, and tree species with less drought resistance. Currently the site is being used as an environmental summer camp for local youth. Major forest soil series on the property: (see section 2 of the Environmental Park plan) SCS Soil Survey Numbers 18 & 28. Joel: A very deep and well drained fine silt soil on uplands formed in loess. Average annual precipitation is about 25 inches. Douglas-fir and ponderosa pine site index 2 ---PAGE BREAK--- ( of 100. Mean annual wood production on this type can average between 325 and 450 board feet/acre/year. Latahco-Thatuna: Very deep, somewhat poorly drained silt loam soils that are found on valley floors. The water table is perched in the spring and subject to flooding. There is high potential for frost action. Averagȁ annual precipitation is about 22 inches. Ponderosa pine site index of 115 to 125. Mean annual wood production on this type can average between 485 and 700 board feet/acre/year. LANDOWNER'S OBJECTIVES: Virgil Phillips' objective for the property was "to be held perpetually for the use and benefit of the children of Moscow, Idaho, for recreational purposes. " Better Living, Inc. goal is to have an environmental park were Moscow residents can learn about sustainable and natural landscapes (see section 1 of the Environmental Park plan). Along with a recreation objective, other objectives are sustainable wildlife habitat management, aesthetics, farmstead/interpretive center, agroforestry/agriculture, and timber management. FOREST MANAGEMENT INFORMATION: Total Forest Acres: 41 Forest Health: The following forest insects or diseases were found on the property: Insects: western pine bark and pine engraver (Ips) bark beetles. Diseases: armillaria root disease and dwarf mistletoe. Most insects and diseases are native to the area and usually do not require drastic management recommendations. See APPENDIX for additional information and management on insect or diseases. Habitat Type: Generally a Douglas-fir (Pseudotsuga menziesii) series (PSME)/ninebark (PHMA).type changing to a drier Ponderosa Pine (Pinus ponderosa) series ( PIPO)/Idaho fescue (FEID) on a few drier micro-sites. Douglas-fir habitat types occur in northern Idaho between the drier sites of ponderosa pine and the wetter grand fir types. The seral tree species of the Douglas-fir type is ponderosa pine. Prior to 1900 Douglas-fir stands were 3 ---PAGE BREAK--- ( subject to cool underburns by fire every 7 to 25 years which maintained a high ratio of ponderosa pine trees to Douglas f ir trees. Productivity of this series is low to moderate and is reflected in the size of the undergrowth. Use a shelterwood or selection cut treatment to maintain Douglas f ir and ponderosa pine. Site preparation or planting will favor ponderosa pine. Controlled livestock grazing can be used to control woody species competition after establishment of tree plantation/regeneration, usually three to five years. Do not graze young seedlings. Stand Data: The forest is delineated into similar management units (stands) to aid in management recommendations. See APPENDIX for map or aerial photo of property with stand delineations. Average Forest Data: Stand acres: 41. 5 Average DBH: 13. 6 inches Trees/acre: 44 Average Age: 80 years Average Total Height: 67 feet Seedlings/acre: N/A Average BA: 46. 7 square feet/acre Last 10 Years Growth: . 4 to 2.8 inches See timber cruise of property in APPENDIX. Forest Management Recommendations: Stand Number 1: Past management practices has left stand number 1 below full stocking (optimal number of trees per acre) or tree species poorly suited to the site (see section 3, natural forest land of the environmental park plan). There are pockets (groups) of arrnillaria root rot and Douglas-fir dwarf mistletoe. Salvage and Sanitation/Selection and Group Selection Cut: (stand 1) The stand has individuals or patches of stressed and dying trees. Harvesting these trees will generate income and remove disease problems. Silvicultural recommendation: Monitor and remove dying or diseased trees to salvage mortality and reduce insect & 4 ---PAGE BREAK--- ( disease attacks. Use caution when cutting pine trees between January and June to avoid pine engraver beetle (Ips) problems. See APPENDIX information on the pine engraver beetle. A selection or group selection cut is recommended to remove pockets of disease trees. This harvest method selects individual diseased trees or groups of trees (from an individual tree, to several trees, or groups of trees up to two tree heights in size) which create openings in the forest. This cut can be used to maintain or create an uneven-age forest of at least three age classes. To maintain an uneven-age forest will require regular harvest entries with selection throughout all age classes. An objective of the property is to manage primarily for recreation with other values including aesthetics and wildlife. Uneven-age management should meet the stand structure and management objectives. Planting (stand number Interplant disease pockets, preferably after harvest activities, with ponderosa pine at 350 trees/acre at a spacing of 11 ft X 11 ft, including good natural ponderosa pine seedlings. Do light or medium site preparation using hand, mechanical, or chemical methods. Follow all directions on the chemical label. See APPENDIX information on tree planting. Obtain trees from within proper seed zones to ensure good growth and health. See APPENDIX for seedling transfer guidelines and a list of local tree nurseries. Site preparation and tree planting requires ordering and prep work planning approximately six months to one year prior to actual planting. An alternative method to buying trees is cone or cutting collection and growing of tree seedlings in the park. This could be incorporated into the educational park process. See APPENDIX for information on growing conifers and hardwoods. Protect young tree seedlings from grazing and wildfire. Monitor survival of seedlings at one three and five year intervals after planting. Replant lost seedlings, control grass competition, protect from big game and rodent damage. Contact the local Idaho Department of Lands or University of Idaho Cooperative Forestry Extension office for additional information. Precommercial Thinning (stand number Within stand 1 are patches of young trees (saplings) which 5 ---PAGE BREAK--- ( are overstocked. Silvicultural recommendation: Thin sapling patches of the stand which are overstock to 260 trees/acre at 13 ft X 13 ft spacing. Leave trees should be dominant in the upper crown with good form. Leave the following tree species in this order: ponderosa pine, then Douglas-fir. Use caution when thinning pine between January and June to avoid pine engraver beetle (Ips) mortality. See APPENDIX information on thinning and the pine engraver beetle. Consider leaving patches of overstocked saplings as wildlife (deer) hiding cover, especially within view of trails, roads, and interpretive sites. Stand Number 2: This stand is mentioned as an old growth area in the Environmental Park plan. The Soil Conservation Service woodland inventory (see APPENDIX) more accurately describes this stand as a 75 year old stand which is overstocked (too many trees ) for the site and needs a commercial thinning. This thinning was recommended for the fall of 1993. Unfortunately, the thinning did not occur and the summer of 1994 had severe drought conditions. Currently this stand is showing an outbreak of both western and pine engraver (Ips) bark beetle attacks. There is heavy tree mortality. A salvage and sanitation cut is recommended for areas infested with bark beetles. For areas not infested with bark beetles, the stand would still benefit from a commercial thinning. Many of the dead trees are now pulp, but harvesting these trees will still generate some income. Salvage and Sanitation Cut (stand Silvicultural recommendation: Monitor and remove dying or diseased trees to salvage mortality and reduce insect & dfsease attacks. Use caution when cutting pine trees between January and June to avoid pine engraver beetle .(Ips) problems. See APPENDIX information on the pine engraver beetle. A selection or group selection cut may be used to remove pockets of dying trees. This harvest method selects individual trees or groups of trees (from an individual tree, to several trees, or groups of trees up to two tree heights in size) which create openings in the forest. This cut can be used to maintain or create an uneven-age forest of at least three age classes. To maintain an uneven age forest will require regular harvest entries with selection throughout all age classes. 6 ---PAGE BREAK--- An objective of the property is to manage primarily for recreation with other values including aesthetics and wildlife. Uneven-age management should meet the stand structure and management objectives. Intermediate Thinning or Improvement Gut (stand number Any area within the stand which has not been attacked by bark beetles and shows slow growth rates should be commercially thinned. This will improve growth rates, remove inferior trees, and increase the stand's vigor to prevent future outbreaks of bark beetles. Silviculture recommendation: Thin the current stand by approximately 30% (leave approximately 80 square feet of basal area) to release reserve trees for future growth. Leave good, straight phenotype trees with Growns of 30% and greater to total height. Remove poor form trees which have forked tops, damaged stems, insect & disease indicators, poor crown ratios of less than 30%, older trees with dying tops, and suppressed trees (sub-merchantable trees can be used for firewood or poles). Space leave trees at approximately 25 feet. Planting (stand number Interplant bark beetle mortality patches, preferably after harvest activities, with ponderosa pine at 350 trees/acre at a spacing of 11 ft X 11 ft. Do light or medium site preparation using hand, mechanical, or chemical methods. Follow all directions on the chemical label. See APPENDIX information on tree planting. Re-inspect plantings at 15 to 20 years for stocking numbers and precommerical thinning requirements. Drier Ponderosa pine/Douglas-fir forests: Leave trees should be good ponderosa pine and Douglas-fir trees which are drought resistant and fire tolerant. Ponderosa pine is resistant to most root diseases. Western larch can be left in moist draws for fall color and forest diversity. Remove grand fir and lodgepole pine. Use caution when cutting pine between January and June to avoid pine engraver beetle (Ips) mortality. See APPENDIX information on pine engraver beetle. Marking of cut or leave trees, including insect and disease pockets, prior to cutting is recommended. Property boundaries should be properly identified and marked prior to harvesting. Obtain proper.right-of-ways for access and hauling. Some areas within a stand may not be harvested because of non-commercial patches or landowner objectives. 7 ---PAGE BREAK--- Due to the limited harvesting recommended at this time, any income from timber sales could be re-invested into the park for completion of proposed projects. No action alternate (stands number 1 & A no action alternate in stand 1 will.maintain the stand in an understocked condition with incidental tree mortality and disease problems. Bark beetles will probably continue killing pine trees in stand 2. While this creates good snag recruitment, nature usually over-thins these stands to an understocked condition. In some areas, a no harvesting action may be justified due to logging costs and other objectives. The city's Urban Forester and Committee may be a resource for overseeing the park's forestry management and administration of any timber harvest. Review the stand in five to ten (10) years for status and recommendations. Loaging Recommendations and Reguirements: Follow all Idaho Forest Practices Act (FPA), Fire Hazard Laws, Safety Codes, and Best Management Practice (BMPs) requirements and recommendations. Copies of forest laws and BMP's are available from the nearest Idaho Department of Lands office. A Certificate of Compliance (permit) is required prior to any logging or thinning operation start-up in Idaho. This notification must be obtained from any Idaho Department of Lands off ice and is required before sawmills can accept logs. The person who signs the Certificate of Compliance is responsible by law for the fire hazard (slash) clean-up! Do ground base (horse, crawler tractor, or skidder) skidding when soil conditions are dry or frozen to reduce soil compaction damage, which causes future growth loss. Protect all large Class II (no fish) streams by leaving a 25 foot buffer zone of no soil disturbance. Locate all skid trails, landings, and road construction outside of the Stream Protection Zone (SPZ). A five ( 5) foot minimum is required for all Class II streams under the Idaho Forest Protection Act. Consider leaving shade whenever possible. Cross-ditch, rolling dip, or grass seed all skid trails and roads at the completion of logging or prior to fall/spring rains and runoff season. Skid limbs and tops to the landing. 8 ---PAGE BREAK--- Pile all landing slash and burn when fire and smoke dispersion conditions are safe. Idaho Fire Hazard Laws require slash hazard reduction from logging to three tons per acre. Burning permits are required between May 10 and October 20. Phone the nearest Idaho Department of Lands office for a burning permit and smoke dispersion conditions. When slash is burned or disposed, contract the Fire Warden at the Idaho Department of Lands for a Certificate of Clearance and refund of any cash bond (holdout) money. Plan all road systems to minimize road and skid trail construction. Good planning and layout can reduce water quality impacts and minimize area loss to forest/wildlife production. Review any bridge crossings for load limits. Consider gating or blocking roads at completion of logging to maintain erosion control structures (cross-ditches, rolling dips) and wildlife security. Consider all forest products during harvest, including pulp and firewood. Forest Practices: See APPENDIX for additional information on: Forest Practices Act, hazard management, slash burning, forest roads, culverts, cross-ditching, Stream Protection Zones, grass seeding, forest soils, rolling drain dips. Timber Sale Information: See APPENDIX for additional information on: Contracts, Administering a Timber Harvest, Locating a Timber Sale Purchaser, Planning a Timber Harvest. NATURAL RESOURCE INFORMATION: Fisheries & Wetlands: (see section 3 of the Environmental Park plan) A pond fisheries could be developed on the property. Fisheries Recommendations: Construct a pond with an island on the property. The Natural Resource Conservation Service has developed a large pond plan for the park (Contact the Moscow office of the Natural Resource Conservation Service for a copy of the pond plan or additional help on ponds). The Idaho Department of Fish & Game can recommend fish species for stocking. Wetlands: There are currently two ponds and a pothole wetland in the park. Consider construction of shallow wetland trenches 9 ---PAGE BREAK--- (see the land under Section 3 of the environmental park plan) to increase availability of watering holes and waterfowl nesting sites at the northwest corner of the park. Wildlife: The following wildlife species have been observed on the property: Whitetail deer, moose, upland game birds, songbirds (Moscow High School has a field list of wildlife observed within the park). The park may be managed for habitat of the following species: white-tailed deer, upland game birds (including wild turkey), nongame species, threatened or endangered species, or species of special concern. See the APPENDIX for additional information on these species. Wildlife Recommendations: Install bird nesting boxes and feeders around the park to increase numbers and variety of bird species. Recommend leaving at least three to five snags per acre to provide minimum wildlife cavity nesting. Consider leaving cull trees as future replacement snags. Minimum size should be 12 inches DBH and 20 feet in height. Preserve all snags within 50 feet of water bodies for nesting, roost and perch trees. Retain all hardwood tree species. Maintain large woody debris on the ground for soil mulching and wildlife cover, feeding, and reproduction sites. Large woody debris can be created by allowing snags and cull trees to become down logs. Wood piles of six inch and larger material can be created for habitat. Plant alder, dogwood, willow, cottonwoods, and other hardwoods along stream banks to establish shade cover and wildlife habitat along stream channels. Plant fruit, nut, and berry trees and shrubs to increase food and cover for species diversify. Consider planting hedgerows of shrubs species (like Siberian peashrub, rugosa rose, western sand cherry, autumn-olive, Naking cherry, serviceberry) along agriculture field boundaries and forest edges to increase upland game bird habitat. Consider planting and leaving several patches of standing grain crops to provide food for upland game birds during winter. 10 ---PAGE BREAK--- ( Some of the previous wildlife habitat improvement recommendations were made by Miles Benker, Wildlife Technician, Idaho Department of Fish and Game. Contact the Idaho Department of Fish & Game at (208-7 9 9-5010) in Lewiston, Id. for additional help with wildlife planning and cost-share money through the Habitat Improvement Program (HIP). Threatened and Endangered Species: No known threatened or endangered species were observed on the property. Contact the Idaho Conservation Data Center, Idaho Department of Fish and Game, 600 S. Walnut, P.O. Box 25, Boise, ID 83707 (Phone: [PHONE REDACTED], Fax: [PHONE REDACTED]) concerning the status and possible location of rare, threatened, and endangered species in the area. Recreation Recommendations: Virgil Phillips designated the property to be used for recreation {See the trail & recreation plans under section 3 of the Environmental Park plan). A trail system is currently located throughout sections of 'the park. Consider developing any skid or log harvesting road as part of the park's trail system. Install benches, picnic tables, camping sites, viewing blinds, and prune/clean out viewing areas as appropriate with recreation objectives. Plan all trail and loops to the physical level of the user. Grass seed or install cross ditches on any steep sections of trails to prevent soil erosion. Agriculture Land: Currently 102 acres of the park are in the U.S. Department of Agriculture's 085 Wheat and Grain set aside program. Sixty-five acres of the farmland are planned for agroforesty in section 3 of the Envirnomental Park plan. See the APPENDIX for additional imformation on tree planting and a list of nurseries for hardwood and shrub planting. Planting (agriculture land): Areas of cropland could be converted back into forestland for longterm future income of timber and to enhance other recreation values of the park. These areas will slowly re seed to a natural pine forest if left unmanaged. As stated in the Environmental Park plan, it is important to maintain 11 ---PAGE BREAK--- ( ( the diversity of forest, grasslands, and wetlands. Silviculture recommendations: Plant the following species: Approximately a 70% ponderosa pine and 30% Douglas-fir mix at 350 trees/arce on a 11 ft x 11 ft. spacing. Do light or tillable site preparation using mechanical or chemical methods. Follow all directions on the chemical label. See APPENDIX information on tree planting. Obtain trees from within proper seed zones to ensure good growth and health. See APPENDIX for a list of local tree nurseries. Site preparation and tree planting requires ordering and prep work planning approximately six months to one year prior to actual planting. Protect young tree seedlings from grazing and wildfire. · Replant lost seedlings, control grass competition, protect from big game and rodent damage. Contact the local Idaho Department of Lands or University of Idaho Cooperative Forestry Extension office for additional information. Contact the nearest Idaho Department of Lands office (208-877- 1121) or the University of Idaho Forestry Cooperative Extension Service ([PHONE REDACTED]) for additional information on forestry. For information on wildlife habitat improvement, contact the Idaho Department of Fish & Game ([PHONE REDACTED]). The U. S. Department of Agriculture's Natural Resource Conservation Service (208Ȁ882-0507) can provide help with grazing and agriculture conservation. A list of local consultant Foresters can be obtained from the Idaho Department of Lands. This plan may qualify the trust for the government Stewardship Incentive Program (SIP). A.determination of the trust's status to qualify as a public youth organization will be made by the U. S. Department of Agriculture and the Idaho Department of Lands. The Stewardship Incentive Program promotes good conservation practices on private lands. All SIP cost-share projects require a minimum ten (10) year project life. Cost-share money is available for tree planting, thinning, windbreaks, erosion control, wildlife & fisheries habitat, and recreation projects. Other sources of funding are the USDA's Agriculture Conservation Program (ACP), the.Idaho Department of Fish and Game's Habitat Incentive Program (HIP), and other business or grant sources. See the Apprendix for additional information on government cost share programs. The trustee and lessee should develop a short and long term plan for financing and scheduling proposed park projects. Community, civic, or youth organizations could be a source of help in completing planned projects. 12 ---PAGE BREAK--- Reinspect forest by a resource professional in five to ten (10) years to review/update status and recommendations. Map or aerial photo of property is attached in the APPENDIX. Prepared by: Myron Hotinger Service Forester Idaho Department of Lands 3130 Highway 3 Deary, Idaho 83823 (208)877-1121 (208)877-1122 FAX 13 Date: July 31, 1 9 95 ---PAGE BREAK--- ( APPENDIX Glossary Anadromous Fish: Fish species which live part of their life cycle in the ocean. Basal Area: A unit of measure defined as the cross-sectional area of a tree at DBH. Provides stocking information to foresters. Clearcutting: A method of regenerating an even-age stand in which a new age class develops in fully-exposed sunlight after removal, in a single cutting, of all trees in the previous stand. Climax Habitat Type: Final, mature forest stand. Crown: The part of a tree or woody plant bearing live branches and foliage. Diameter Breast Height (DBH): Measure of the tree at 4 1/2 feet above ground. Diameter Limited Cutting: Cutting of all trees above P certain diameter. The practice cuts the best trees and leaves inferior trees for future seed sources. Dominant: Trees with crowns extending above the general level of the main canopy of even-aged groups of trees, and receiving full light from above and partly from the sides. Even-aged Stand: A stand of trees generally containing a single age class. Group Selection: A method of regenerating uneven-age stands in which trees are removed, and new age classes are established, in small groups. The maximum width of groups is approximately twice the height of the mature trees. Habitat Type: A forest community of plants indicating a similar history of elevation, aspect, moisture, and soil conditions. High Grading: A harvest cut which cuts the best trees and leaves inferior trees for future growth and seed sources. Improvement Cutting: A cutting made in a stand past the sapling stage primarily to improve composition and quality by removing less desirable trees of any species. Large Organic Debris (LOD): Large woody material required in streams for sediment trapping, hiding cover, and provides food 14 ---PAGE BREAK--- ( sources for fish. Natural Regeneration: An age class created from natural seeding, sprouting, suckering, or layering. Overstory Removal: The cutting of trees comprising an upper canopy layer in order to release trees or other vegetation in an understory. Phenotype: Physical characteristics of an individual tree. Precommercial Thinning: A thinning that does not yield trees of commercial value, usually designed to improve crop spacing. Revetment: Material, usually tree tops, to stabilize stream banks from erosion. Salvage Cutting: The removal of dead trees or trees being damaged or killed by injurious agents other than competition, to recover value that would otherwise be lost. Sanitation Cutting: The removal of trees to improve stand health and to reduce actual or anticipated spread of insects and disease. Seed Tree: An even-aged regeneration method in which a new age class develops from seedlings that germinate in fully-exposed sunlight after removal of all the previous stand except a small number of trees removed after regeneration is established or retained as reserves to attain other goals. Seral Tree: Early succession (pioneer) species which generally grows in full sunlight (ponderosa pine, Douglas-fir, western larch, and lodgepole pine). Shelterwood: A method of regenerating an even-age stand in which a new age class develops beneath the partially-shaded environment provide by the residual trees. Silviculture: The art and science of managing forest. Site Index: Measurement of site quality by height of dominant trees at some index age (usually 100 years). Site Preparation: A hand, chemical, or mechanized manipulation of a site designed to enhance the success of regeneration. All treatments are design to modify the soil, litter, vegetation and to create conditions conducive to the establishment and growth of desired species. Stand: A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a 15 ---PAGE BREAK--- site of sufficiently uniform quality, to be a distinguishable unit. Stocking: The number of trees per acre for healthy or optimal growth of trees. Under-stocked is too .few trees per acre and over-stocked is too many trees per acre. Thinning: A cutting made to reduce stand density of trees primarily to improve growth, enhance forest health, or to recover potential mortality. Uneven-aged (Selection) Methods: Methods of regenerating a forest stand, and maintaining an uneven-aged structure, by removing some trees in all size classes either singly, in small groups, or in strips. Uneven-aged Stand: A stand of trees of three or more distinct age classes, either intimately mixed or in small groups. Bibliography_ Cooper, S. , Neiman, Steele, R. , and D. Roberts. Forest Habitat Types of Northern Idaho: A Second Approximation, U. S. Department of Agriculture, Report INT-23 6, 1987. Payne, N. and Frederick Copes. Wildlife and Fisheries Habitat Improvement Handbook, U.S. Department of Agriculture, December 1988. The Virgil Phillips Environmental Park Plan, The Sustainable Landscape Studio, Departments of Landscape Architecture and Architecture, University of Idaho, 1992 Larson, Don. Woodland Inventory for the City of Moscow, U. S. Department of Agriculture, Soil Conservation Service, 1 9 93 Soil Survey of Latah County Area, Idaho. U.S. Department of Agriculture, Soil Conservation Service, 1 981. Idaho Department of Fish and Game miscellaneous publications. Idaho Department of Lands State Forester Forum miscellaneous publications. University of Idaho Cooperative Extension Service miscellaneous publications. U. S. Department of Agriculture, Forest Service and Natural Resource Conservation Service, miscellaneous publications. 16 ---PAGE BREAK--- Legend Highway Road Ridge Stand Pond ( ( FOREST MANAGEMENT MAP for The Virgil Phillips Environmental Park - - - - 0 CD 1/4 mile NW4 SEC 18 T40N R5W Intermittent Stream Proposed Wetlands Proposed Pond Riparian Plantings To Moscow . . . v V/ fi) ·II-> Farmstead/Interpretive Center ---PAGE BREAK--- · , . 3'-4 ! c; H : l_f r ' . · . I ---PAGE BREAK--- 07 /20/9S· SPECIES SUHHARY ( PAGE 3 \ CRUISE ID: BEiTER LIVING CITY OF MOSCOW ACRES: 41.5 TOTAL PLOTS: 12 TOTAL TOTAL TOTAL TREE SCALE AYE NET AYE AVE LOGS/ TREES/ LOGS/ LOGSi LOGS/ NET VOL BASAL SPP GROSS VOL NET VOL PROD YOL DEF DEF YOL/A DIAMETER HEIGHT TREE ACRE ACRE HBF-6 HBF-N /TREE AREA PP . 146420 141598 0 3.3 0.0 3412.0 14. 67 2.45 23.27 57 .10 16.18 16.73 147 30.0 DF 66451 63475 0 4.5 0.0 1529.5 12. 0 66 2 .15 20.46 43.96 27.46 28.74 75 16 . 7 TOTAL 212372 205073 0 7 4941. 5 13.6 67 2.31 43.73 101.06 19.70 20.45 113 46.:' ---PAGE BREAK--- STATISTICAL SUHHARY ( \ 07/20/95 CRUISE HAME: BETTING LIVING CITY OF HOSCOW STATISTICAL SUHHARY FOR HET YOLUHE AYE NET VOL/ ACRE: STANDARD DEVIATION: ST AllDARD ERROR: COEFFECIEtlT OF VARIATION: HUMBER OF PLOTS SAHPLED: HLIHBER OF PLOTS NEEDED: 10%: 20%: 4941. 5 4263.16 1339.0 (27.1%) 86 12 88.l (NUMBER OF PLOTS CALCULATED AT O OllE STAND DEVIATION) 352.4 :38.l 22.0 STATISTICAL SUHHARY FOR GROSS YOLUHE AYE GROSS VOL/ACRE: STANDARD DEVIATION: STANDARD ERROR: COEFFECIEHT OF VARIATION: NUHBER OF PLOTS SAMPLED: NUMBER OF PLOTS HEEDED: 10%: 20%: STATISTICAL SUHHARY FOR TREES/PLOT AYE TREES/PLOT: STANDARD DEVIATION: STANDARD ERROR: COEFFECIEHT OF VARIATION: HUHBER OF PLOTS SAHPLED: HUHBER R1f PLOTS NEEDED: 10%: 20%: 5129.4 4300.88 1350.S (26.:3%l 83.8% 12 83.2 (NUMBER OF PLOTS AT P i.illE STAHD DE\'IAT10NJ 332.9 83.2 20.8 4.7 4263.16 13J9.0 (23.9%) 76.1% 12 68.5 (NUMBER OF PLtiTS CALCULATED AT +/-101 Q OHE 3TA!lD DEYIATI01l) 274.l 68.5 17.1