2025/08/13 Council Agenda Packet

THIS DRAFT DOES NOT CONSTITUTE AN OFFER NOR A COMMITMENT TO EXTEND AN OFFER Aquatic Lands Lease (Rev. 7/20/2022) Page 3 of 57 Lease No. 20-107205 Property, or the existence of hazardous substances on the Property. Tenant inspected the Property and accepts it “AS IS.” SECTION 2 USE 2.1 Permitted Use. Tenant shall use the Property for: Public Access to the Snohomish River, (the “Permitted Use”), and for no other purpose. Exhibit B includes additional details about the Permitted Use, the Property, and Improvements, and additional obligations on Tenant. The Permitted Use of this Lease shall not be changed or modified without the written consent of State, which shall be at State’s sole discretion. 2.2 Restrictions on Permitted Use and Operations. The following limitations and requirements apply to the Property and adjacent state-owned aquatic land. Tenant’s compliance with the following does not limit Tenant’s liability under any other provision of this Lease or the law. (a) Tenant shall not cause or permit: (1) Damage to land or natural resources, except to the extent expressly permitted in Exhibit B, (2) Waste, or (3) Deposit of material, unless approved by State in writing and except to the extent expressly permitted in Exhibit B. This prohibition includes, but is not limited to, deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants of any type, or other matter. (b) Nothing in this Lease shall be interpreted as an authorization to dredge the Property. (c) If pressure washing or cleaning any equipment, machinery, or floating or fixed structures, Tenant shall avoid scouring the substrate and damaging any aquatic land and vegetation. Tenant shall also comply with the following limitations: (i) If equipment contains or is covered with petroleum based products: (1) Tenant shall not pressure wash such equipment in or over the water and (2) all wash water must be contained and taken to an approved treatment facility. (d) Tenant shall avoid damage caused by propeller wash from vessels. (e) Tenant shall not allow vessels to come in contact with underlying tidelands and bedlands (commonly referred to as “grounding out”) at any time. (f) Tenant shall not allow floating structures to come in contact with underlying tidelands and bedlands (commonly referred to as “grounding out”). Tenant must either (1) locate all floating structures in water too deep to permit grounding out or (2) install stoppers sufficient to prevent grounding, keeping the bottom of the structure above the level of the substrate. (g) Tenant shall not construct new bulkheads or place new hard bank armoring. DRAFT