WA Department of Natural Resources DNR 6/29/2016

CITY WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark-Commissioner of Public Lands AQUATIC LANDS RIGHT OF ENTRY Right of Entry No. 23-093653 THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and CITY OF EVERETT, a municipal corporation ("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 "Right of Entry"means this agreement and the rights granted. 1.2 Other Interests and Rights. This Right of Entry is subject to all valid interests of third parties noted in the records of Snohomish 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 Right of Entry is subject to the rights of the public under the Public Trust Doctrine or federal navigation servitude and treaty rights of Indian Tribes. SECTION 2 USE 2.1 Authorized Activities. Licensee shall enter the Property only for the purpose of conducting the 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. 2.2 Restrictions on Activities (a) The limitations in this Paragraph 2.2 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. (b) Licensee shall not cause or permit: (1) Damage to natural resources, Aquatic Lands Right of Entry Page 1 of 12 Right of Entry No.23-093653