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 11 of 57 Lease No. 20-107205 docks, Tenant shall install unobstructed grating on at least fifty percent (50%) of the surface area; grating material must have at least sixty percent (60%) functional open space or forty percent (40%) or greater multi-directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred percent (100%) of the surface area; grating material must have at least sixty percent (60%) functional open space or forty percent (40%) or greater multi-directional open space. (4) Tenant shall maximize water exchange by locating facility openings to promote flushing and prevent trapping surface debris and oily residue. (5) Tenant shall orient and shield lighting fixtures attached to overwater structures in a manner that minimizes the amount of light shining directly on the water, minimizes the amount of glare on the water, and minimizes the amount of light broadcasting into the night sky. Tenant shall implement the following measures to achieve this requirement: (i) Tenant shall direct light to walkways, (ii) Tenant shall use light shields which prevent light from being emitted upward and prevent glare on the water, (iii) Tenant shall use fixtures that do not emit light upward, (iv) Tenant shall use lights that are “warm-white” or filtered. (6) Tenant shall not allow new floating structures to come in contact with underlying tidelands (commonly referred to as “grounding out”). Tenant must either (1) locate all new 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. 7.5 Tenant-Owned Improvements. (a) Removal of Tenant-Owned Improvements upon termination. (1) Tenant shall remove Tenant-Owned Improvements in accordance with Paragraph 7.3 upon the termination of the Lease unless State waives the requirement for removal. (2) Tenant-Owned Improvements remaining on the Property after the termination of the Lease shall become State-Owned Improvements without payment by State, unless State elects otherwise. State may refuse or waive ownership. (3) If Tenant-Owned Improvements remain on the Property after the termination of the Lease without State’s consent, State may remove all Improvements and Tenant shall pay State's costs. (b) Conditions Under Which State May Waive Removal of Tenant-Owned Improvements. (1) State may waive removal of any Tenant-Owned Improvements whenever State determines that it is in the best interests of the State of Washington, DRAFT