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.
$900.00 Other
Attached is the finalized agreement with a DRAFT stamp for reference.
Mayor to electronically sign the agreement that was sent to the Mayor's
office July 26.
8/4/22
CAG2022-
8/23/22 8/30/22
_________ECD
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HILARY S. tPlAriZ
[0MMI$�: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.
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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.
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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.
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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.
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(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.
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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
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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.
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(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.
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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,
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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
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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.
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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
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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
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ATTACHMENT 1 TO EXHIBIT A
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Appiicant� City of Kent
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Authorization No.: 23-A91141 nATURAL
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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
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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