Loading...
HomeMy WebLinkAboutCAG2022-331 - Original - Washington Department of Natural Resources - Downey Side Cannel Restoration Project - 06/15/2022Melissa Dahl Mayor's Office 08/04/2022 8/11/2022 N/A D20074 N/A Washington Department of Natural Resources License Extension Downey side channel restoration project This is an Aquatic Lands Conservation License from DNR for the purpose of working in the Green River for the Downey project. $900.00 Other Attached is the finalized agreement with a DRAFT stamp for reference. Mayor to electronically sign the agreement that was sent to the Mayor's office July 26. 8/4/22 CAG2022- 8/23/22 8/30/22 _________ECD DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 HILARY S. tPlAriZ [0MMI$�:ON�40R4ULI� LANDS AQUATIC LANDS CONSERVATION LICENSE License No. 23-A91141 THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and CITY OF KENT, a government entity ("Licensee"). THE Parties agree as follows: SECTION 1 GRANT OF PERMISSION 1.1 Permission. Subject to the terms and conditions set forth below, State grants Licensee a revocable, nonexclusive license to enter upon the real property described in Exhibit A (the "Property"). In this agreement, the term "License" means this agreement and the rights granted. By issuance of this License, State is conferring the privilege of use of the Property, and State expressly retains exclusive possession of the Property. 1.2 Other Interests and Rights. This License is subject to all valid interests of third parties noted in the records of King County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington. Licensee is responsible for obtaining approvals from other persons, if any, who have an interest in the Property. This License is subject to the rights of the public under the Public Trust Doctrine or federal navigation servitude and treaty rights of Indian Tribes. 1.3 Condition of Property. Licensee has inspected the Property and accepts it in its present condition. State has no obligation to make any repairs, additions, or improvements to the Property. State makes no representation regarding the condition of the Property or the suitability of the Property for Licensee's intended use. State expressly disclaims any warranty that the Property is suitable for Licensee's intended use. Conservation License (3/7/2022) Page 1 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 SECTION 2 USE 2.1 Authorized Activities. (a) Licensee shall enter the Property only for the purpose of conducting the conservation activities described in Exhibit B (the "Activities") and for no other purpose. Licensee shall not conduct any other activities on the Property without the prior written permission of State. (b) Warranties on Activities. (1) Licensee warrants that no permit, law, or regulatory authority obligates Licensee to conduct the Activities. (2) Licensee warrants that Licensee will not receive or gain compensatory mitigation or natural resource damage credits because of the Activities. (c) Licensee's breach of any warranty under Paragraph 2.1(b) is cause for Termination resulting from breach under Paragraph 9.3. (d) Restoration of Property Required Under Certain Conditions. (1) If during the term of this License, the Activities cause unintended or unanticipated consequences that are deleterious to the Property or natural resources on the Property, or result in conditions that pose a threat to human health or safety, Licensee shall notify State immediately and make all necessary repairs or corrections to the natural resources and Property. (2) If Licensee fails to take action in a timely manner, State may restore the natural resources or Property and charge Licensee restoration costs and/or charge Licensee for damages. On demand by State, Licensee shall pay all costs and/or damages. 2.2 Restrictions on Activities. The following limitations and requirements apply to the Property and adjacent state-owned aquatic land. Licensee's compliance with this Paragraph 2.2 does not limit Licensee's liability under any other provision of this License. Licensee shall not cause or permit: (a) Damage to land or natural resources, (b) Waste, or (c) Deposit of material, unless approved by State in writing and except to the extent expressly permitted in Exhibit B. This prohibition includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants of any type, or other matter. (d) Nothing in this License shall be interpreted as an authorization to dredge the Property. 2.3 Conformance with Laws. Licensee shall keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its activities on the Property. Conservation License (3/7/2022) Page 2 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 2.4 Interference with Other Uses. (a) Licensee shall exercise Licensee's right of entry under this License in a manner that minimizes or avoids interference with the rights of State, the public or others with valid right to use or occupy the Property or surrounding lands and water. (b) Licensee and its agents, contractors, and subcontractors shall provide State with at least two (2) weeks notice before commencing any Activities. Licensee shall promptly notify State of any modifications in the schedule. 2.5 Licensee's Contractors. Acts or omissions of Licensee's contractors operating under this License shall be deemed an act of the Licensee. Restrictions and/or requirements placed on the Licensee herein shall apply equally to Licensee's contractors. SECTION 3 TERM 3.1 Term Defined. This License commences on the 15th day of June, 2022 ("Commencement Date"), and terminates on the 14th day of June, 2027 ("Termination Date"), unless terminated sooner under the terms of this License. 3.2 End of Term. Upon termination of this License and except as otherwise provided in Exhibit B, Licensee shall restore the Property to a condition substantially like its natural state before Licensee's Activities, except for alterations necessary under the Activities or otherwise authorized by State. SECTION 4 CONSIDERATION The consideration is a fee in the amount of Nine Hundred Dollars ($900), which is due and payable on or before the Commencement Date. SECTION 5 IMPROVEMENTS 5.1 Improvements Defined. (a) "Improvements," consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes, but is not limited to, fill, structures, and fixtures, including large woody debris. (b) "Personal Property" means items that can be removed from the Property without (1) injury to the Property, adjacent state-owned lands or Improvements or (2) diminishing the value or utility of the Property, adjacent state-owned lands or Improvements. (c) "Improvements Owned by Others" are Improvements made by Others with a right to occupy or use the Property or adjacent state-owned lands. Conservation License (3/7/2022) Page 3 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 5.2 Existing Improvements. On the Commencement Date, there are no Improvements located on the Property. 5.3 Construction, Major Repair, Modification, and Other Work. (a) Licensee shall construct no Improvements and make no modification of the Property ("Work") except as described in Exhibit B. (b) Licensee shall preserve and protect Improvements Owned by Others, if any. (c) Before completing Work, Licensee shall remove all debris and restore the Property, as nearly as possible, to a substantially natural state, except for alterations necessary under the Activities or otherwise authorized by State. (d) Upon completing Work, Licensee shall promptly provide State with as -built plans and specifications. 5.4 Standards for Work. (a) Licensee shall not use or install treated wood at any location above or below water. (b) Licensee shall not use or install tires at any location above or below water. (c) Tenant shall only conduct in -water Work during time periods authorized for such work under WAC 220-660-110, Authorized Work Times in freshwater Areas, as amended, or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS). 5.5 Improvements at End of Term. Improvements installed by Licensee merge with the Property upon termination of the License, unless the Parties agree otherwise. Ownership of Improvements does not alter Licensee's obligations under Paragraph 2.1(d). 5.6 Disposition of Personal Property. Licensee shall remove Personal Property from the Property before termination of the License. SECTION 6 ENVIRONMENTAL LIABILITY 6.1 Definitions. (a) "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination, pollution, or cleanup. (b) "Release or threatened release of Hazardous Substance" means a release or threatened release as defined under any law described in Paragraph 6.1(a). (c) "Utmost care" means such a degree of care as would be exercised by a very careful, prudent, and competent person under the same or similar circumstances; the utmost care required under RCW 70A.305.040(3)(a)(iii) of the Washington State Model Toxics Control Act. Conservation License (3/7/2022) Page 4 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 (d) "Licensee and affiliates" when used in this Section 6 means Licensee or Licensee's subcontractors, agents, employees, guests, invitees, or any person on the Property with the Licensee's permission. 6.2 General Conditions. (a) Licensee's obligations under this Section 6 extend to the area in, on, under, or above: (1) The Property; and (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Authorized Activities. (b) Licensee shall exercise the utmost care with respect to Hazardous Substances. 6.3 Current Conditions and Duty to Investigate. (a) State makes no representation about the condition of the Property. Hazardous Substances may exist in, on, under, or above the Property. (b) This License does not impose a duty on State to conduct investigations or supply information to Tenant about Hazardous Substances. (c) Licensee is responsible for conducting all appropriate inquiry and gathering sufficient information about the existence, scope, and location of Hazardous Substances on or near the Property necessary for Licensee to meet Licensee's obligations under this License and utilize the Property for the Authorized Activities. 6.4 Use of Hazardous Substances. (a) Licensee and affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Licensee shall not undertake, or allow others to undertake by Licensee's permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. 6.5 In the Event of a Release or Threatened Release. (a) Licensee shall immediately notify State if the Licensees become aware of any release or threatened release of Hazardous Substance on the Property or adjacent state-owned aquatic lands. (b) If a Licensee's act or omission results in a release of Hazardous Substances, Licensee, at its sole expense, shall promptly take all actions necessary or advisable to clean up, contain, and remove the Hazardous Substances in accordance with applicable laws. SECTION 7 NO ASSIGNMENT This License is granted only to Licensee and is not transferable or assignable in whole or in part. Conservation License (3/7/2022) Page 5 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 SECTION 8 INDEMNITY AND INSURANCE 8.1 Indemnity. (a) Licensee shall indemnify, defend, and hold harmless State, its employees, officers, officials, and agents from any Claim arising out of the Activities or related activities by Licensee, its contractors, agents, invitees, guests, employees or affiliates to the fullest extent permitted by law and subject to the limitations provided below. (b) "Claim" as used in this Subsection 8.1 means any financial loss, claim, suit, action, damages, expenses, costs, fees (including attorneys' fees), fines, penalties, or judgments attributable to bodily injury, sickness, disease, death, and damages to tangible property, including, but not limited to, land, aquatic life, and other natural resources. "Damages to tangible property" includes, but is not limited to, physical injury to the Property, diminution of value, and/or damages resulting from loss of use of the Property. (c) State shall not require Licensee to indemnify, defend, and hold harmless State for any Claim caused solely by or resulting solely from the negligence or willful act of the State or State's officials, officers, employees, or agents. (d) Licensee specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Title 51 RCW in connection with its obligation to indemnify, defend, and/or hold harmless State and its officials, officers, agents, or employees. Further, the indemnification obligation under this License shall not be limited in any way by any limitation on amount or type of damages, compensation, or benefits payable to or for any third party under the worker's compensation acts. (e) Only to the extent RCW 4.24.115 applies and requires such a limitation, if a Claim is caused by or results from the concurrent negligence of (a) the State or State's officials, officers, agents, or employees and (b) the Licensee or Licensee's contractors, agents, invitees, guests, employees, or affiliates, these indemnity provisions shall be valid and enforceable only to the extent of the negligence of the Licensee and those acting on its behalf. (f) Section 5, Environmental Liability, shall exclusively govern Licensee's liability to State for Hazardous Substances and its obligation to indemnify, defend, and hold harmless State for Hazardous Substances. 8.2 Insurance Terms. (a) Insurance Required. (1) Licensee certifies that it is self -insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Subsection 8.2 and by Subsection 8.3, Insurance Types and Limits. Licensee shall provide to State evidence of its status as a self -insured entity. Upon request by State, Licensee shall provide a written description of its financial condition and/or the self -insured funding mechanism. Licensee shall provide State with at least thirty (30) days' written notice prior to any material changes Conservation License (3/7/2022) Page 6 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 to Licensee's self -insured funding mechanism. If during the term of this License, Licensee's self-insurance plan fails to provide coverage equal to that required in Paragraph 8.2 and Paragraph 8.3 of this License, Licensee shall procure additional commercial insurance coverage to meet the requirements of this License. The requirements in Paragraph 8.2(a)(3) and (4) only apply where the Licensee procures additional commercial insurance to meet the requirements of this License. (2) Unless State agrees to an exception, Licensee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most recently published edition of A.M. Best's Insurance Reports. Licensee may submit a request to the risk manager for the Department of Natural Resources to approve an exception to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies shall comply with Chapter 48.15 RCW and 284-15 WAC. (3) All insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this License must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Licensee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this License covers these damages. (2) Except as prohibited by law, Licensee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this License. (c) Proof of Insurance. (1) Licensee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this License and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the License number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non -renewal of any insurance required by this License, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten (10) days' advance notice of cancellation; otherwise, provide State forty-five (45) days' advance notice of cancellation or non - renewal. Conservation License (3/7/2022) Page 7 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium, provide State ten (10) days' advance notice of cancellation; otherwise, provide State thirty (30) days' advance notice of cancellation or non -renewal. (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Licensee shall secure new or modified insurance coverage within thirty (30) days after State requires changes in the limits of liability. (f) General Terms. (1) State does not represent that coverage and limits required under this License are adequate to protect Licensee. (2) Coverage and limits do not limit Licensee's liability for indemnification and reimbursements granted to State under this License. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to property first to restore the real property covered by this License, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Licensee. 8.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Licensee shall maintain commercial general liability insurance (CGL) or marine general liability (MGL) covering claims for bodily injury, personal injury, or property damage arising on the Property and/or arising out of Licensee's use, occupation, or control of the Property and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occurrence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at least twice the "each occurrence" limit. CGL or MGL insurance must have products -completed operations aggregate limit of at least two times the "each occurrence" limit. (2) CGL insurance must be written on Insurance Services Office (ISO) Occurrence Form CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross -liability) condition. (3) MGL insurance must have no exclusions for non -owned watercraft. (b) Workers' Compensation. (1) State of Washington Workers' Compensation. (i) Licensee shall comply with all State of Washington workers' compensation statutes and regulations. Licensee shall provide workers' compensation coverage for all employees of Licensee. Conservation License (3/7/2022) Page 8 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 Coverage must include bodily injury (including death) by accident or disease, which arises out of or in connection with Licensee's use, occupation, and control of the Property. (ii) If Licensee fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Licensee shall indemnify State. Indemnity shall include all fines; payment of benefits to Licensee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Worker's Act. The Longshore and Harbor Worker's Compensation Act (33 U.S.C. Section 901 et seq.) may require Licensee to provide insurance coverage for longshore and harbor workers other than seaman. Licensee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with this Act. Licensee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (3) Jones Act. The Jones Act (46 U.S.C. Section 30104) may require Licensee to provide insurance coverage for seamen injured during employment resulting from negligence of the owner, master, or fellow crew members. Licensee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with this Act. Licensee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Employer's Liability Insurance. Licensee shall procure employer's liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease. (d) Auto Policy Insurance. If Licensee operates, maintains, loads, or unloads vehicles as part of the Activities, Licensee shall maintain auto liability insurance and, if necessary, commercial umbrella liability insurance with a limit not less than One Million Dollars ($1,000,000) per accident. Such insurance must cover liability arising out of "Any Auto". SECTION 9 MAINTENANCE AND REPAIR 9.1 State's Repairs. State shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 9.2 Licensee's Repairs, Alteration, Maintenance and Replacement. (a) Licensee shall, at its sole cost and expense, keep and maintain all Improvements in good order and repair, in a clean, attractive, and safe condition. (b) Licensee shall, at its sole cost and expense, make any and all additions, Conservation License (3/7/2022) Page 9 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 repairs, alterations, maintenance, replacements, or changes to any Improvements on the Property which may be required by any public authority having jurisdiction over the Property and requiring it for public health, safety and welfare purposes. (c) Except as provided in Paragraph 9.2(d), all additions, repairs, alterations, replacements or changes to any Improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 5. (d) Routine maintenance and repair are acts intended to prevent a decline, lapse, or cessation of the Improvements. Routine maintenance or repair that does not require regulatory permits does not require prior authorization from State pursuant to Section 5. SECTION 10 TERMINATION 10.1 Termination by Revocation. State may terminate this License at any time upon thirty (30) days notice to the Licensee. If State revokes this License before the Termination Date, State shall refund to Licensee the pro rata share of the fee attributable to the unexpired term of the License. 10.2 Termination by Completion of Activities. If Licensee completes Activities prior to the Termination Date, this License terminates upon Licensee's completion of all Activities, including restoration of the Property under Subsection 3.2. 10.3 Termination Resulting from Breach. If Licensee breaches any terms of this Licensee, State may terminate this License immediately upon notice to Licensee. If the breach arises from Licensee's failure to comply with restrictions on use under Paragraph 2.2 or results in damage to natural resources or the Property, State may restore the natural resources or Property and charge Licensee restoration costs and/or charge Licensee for damages. On demand by State, Licensee shall pay all costs and/or damages. SECTION 11 NOTICE Following are the locations for delivery of notice and the Contact Person. Any Party may change the location of notice and/or the Contact Person upon reasonable notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Aquatic Resources Division, Shoreline District 950 Farman Avenue North Enumclaw, WA 98022-9282 Jessica Olmstead, Aquatic Land Manager Phone: (253) 441-0904 Fax: (360)825-1672 E-mail: jessica.olmstead@dnr.wa.gov Conservation License (3/7/2022) Page 10 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 Licensee: CITY OF KENT PUBLIC WORKS DEPARTMENT Melissa Dahl, Environmental Engineer Phone: (206) 482-4461 E-mail: MDahl@kentwa.gov SECTION 12 MISCELLANEOUS 12.1 Headings. The headings used in this License are for convenience only and in no way define, limit, or extend the scope of this License or the intent of any provision. 12.2 Invalidity. The invalidity, voidness, or illegality of any provision of this License does not affect, impair, or invalidate any other provision of this License. 12.3 Applicable Law and Venue. This License is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this License is in the Superior Court for Thurston County, Washington. 12.4 Modification. No modification of this License is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 12.5 Survival. Any obligations of Licensee not fully performed upon termination of this License do not cease, but continue as obligations of the Licensee until fully performed. Conservation License (3/7/2022) Page 11 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 12.6 Exhibits. All referenced exhibits and attachments are incorporated in this License unless expressly identified as unincorporated. THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. CITY OF KENT Dated:8/23/2022 20 By: DANA RALPH Title: Mayor Address: 220 4th Avenue South Kent, WA 98032-5895 Phone: (253) 856-5700 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated:8/23/2022 20 A0'*A'* V040ft""' By: THOMAS GORMAN Title: Division Manager of Aquatic Resources Address: I I I I Washington Street SE Olympia, WA 98501-2283 Approved as to form this 2nd day of June 2022 Jennifer Clements, Assistant Attorney General Conservation License (3/7/2022) Page 12 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 EXHIBIT A PROPERTY DESCRIPTION Agreement Number 23-A91141 PROPERTY DESCRIPTION: A PORTION OF THE BEDLANDS AND SECOND CLASS SHORELANDS ALONG THE LEFT BANK MARGIN OF THE GREEN RIVER, BETWEEN RIVER MILE 21. AND 22.1, LOCATED WITHIN KING COUNTY. LOCATED IN FRONT OF GOVERNMENT LOTS 11, 12 AND 13 WITHIN SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN. 2. COORDINATES OF THE LICENSE: 47.3777,-122.2630 3. APPROXIMATE SQUARE FOOTAGE OF LICENSE: Total square feet 261,360 Conservation License (3/7/2022) Page 13 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 ATTACHMENT 1 TO EXHIBIT A 0.0,114., Appiicant� City of Kent WA5111NGT4N ST47C Q[PT OF Authorization No.: 23-A91141 nATURAL Authorized Use: Canservatio LicenseRESOURCES Location: icing County.. WA Vicinity Map Ereay allempt wet made Z Lw Te mask aoxmLe " mneM gEiWaptic data awallabe. Hokevg, due to muttple b;l=es, smtes, and Me mammy W. the daa aced ha tleY�-WVds map Wash Wgmn Departmeitcff %3=l flRwu des carnet accept MWPSltwtty fir emrs anrt omiswoes -nthE data. Fvnher. eorte, tolls dad z ndl swm go3Ce',f-mr.lan an6 emV he semcflftetl Tor anomclalsurrey.rnemIxe,metaarenam altfes ;hit accompar--y'.Ns malenal. Legal Description: Located in front of Gov1 Lots 11, 12, and 13 Sec 23. F 22 N. R G4 E State -Owned Aquatic Bediands and Second Class Sharelands Prepared By: JJO Dale: March 24, 2022 Conservation License (3/7/2022) Page 14 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 EXHIBIT B 1. DESCRIPTION OF ACTIVITIES A. Downey Farmstead Restoration Project Background. The City of Kent purchased the Downey Farmstead Restoration Project site (the "Restoration Project"), which is 21.81-acres of uplands. The Activities to be completed on the Property that are described in Paragraph LB below are associated with the Restoration Project. This Paragraph LA. describes the restoration activities that have occurred or will occur on the uplands. The Restoration Project will create over 1,875 linear feet of side -channel and 6.34-acres of intermittently inundated aquatic habitat accessible to salmon most of the year and adjacent to the Green River near the SR 516 Bridge. The Restoration Project will create off -channel rearing and refuge habitat for use in winter and spring months by juvenile salmonids that inhabit the Green River. A total of 50 large -wood structures will be placed within the Restoration Project, as well as thousands of native shrubs, trees and groundcover plantings. This will help provide shade, future woody debris and off -channel habitat for fish and other wildlife. Frager Road was relocated away from the river's edge to allow creation of the side channel network to maximize available floodplain and floodplain habitat. The Restoration Project will provide 130 acre-feet of additional floodplain storage and lower peak flood levels by approximately six inches. Creation of additional flood storage will also help alleviate flooding damages to urban and agricultural areas in the project vicinity. B Activities. Licensee has submitted plans and specifications for the Activities. A copy of the plans and specifications for the Activities, dated March 2020, are on file in the Title and Records Office under File No. 23-A91141. Subject to the conditions in this Right of Entry, State grants its consent to these Activities. The Activities on the Property include construction activities connecting the three side channel inlets and single outlet to the main stem of the river; construction, installation, and maintenance of three (3) engineered logjams (Type 3) at each of the three side channel inlets and one (1) low flow eddy habitat wood structure along the adjacent main stem of the river (47.3777,-122.2630). During construction Licensee will have temporary isolation structures in place for all the inlets and the outlet during the fish window (July 1 to August 31). The goal is to have the inlets connected to the river by September 2022. Subject to the conditions in this License, State grants its consent to these Activities. The Activities were previously authorized under License No. 23-091141 and will continue with this License. License No. 23-091141 terminated on March 19, 2022. Grantee warrants that its use of the Property between March 19, 2022 and the Commencement Date complied with the terms of this License. Licensee's use of the Property, and liabilities and obligations relating to its use of the Property, Conservation License (3/7/2022) Page 15 of 16 License No. 23-A91141 DocuSign Envelope ID: 2EF32BC2-7AD3-4DD9-BB91-7F34BC60F203 between March 19, 2022 and the Commencement Date shall be on the same terms and conditions as this License. C. Permits. Licensee has secured the following permits for the Activities: • Clearing and Grading Permit Number GRDE13-0018, issued by King County, dated May 24, 2018 to May 24, 2023 • Hydraulic Project Approval Permit Number 2020-4-652+01, issued by Washington Department of Fish & Wildlife, dated August 20, 2020 to August 19, 2025 • Nationwide Permit 27 Reference Number NWS-2013-230, issued by United States Department of the Army Corps of Engineers, dated September 6, 2018 to March 18, 2023 2. ADDITIONAL OBLIGATIONS AND REQUIREMENTS A. Licensee shall install only floatation material encapsulated in a shell resistant to ultraviolet radiation and abrasion. The shell must be capable of preventing breakup and loss of floatation material into the water. B. Licensee shall post visible signage upstream and downstream of the Property to provide notice to recreational users of the river to enable avoidance of large wood habitat structures located below OHW. C. Licensee shall submit monitoring reports to State in compliance with "Monitoring, Maintenance and Adaptive Management Plan, Downey Farm Restoration — NWS-2013-230," dated December 9, 2014. Conservation License (3/7/2022) Page 16 of 16 License No. 23-A91141