Aquatic Lands Lease (Rev. 6/30/2020) Page 35 of 35 Lease No.22-101484

EXHIBIT B

1. DESCRIPTION OF PERMITTED USE

A. Existing Facilities. The Property lies adjacent to the Port of Seattle Terminal 5. Since

2011, the Port has been replacing creosote pilings in Elliott Bay. Four of the pilings

are on state-owned aquatic land. The four pilings that were scheduled to be replaced

were removed in 2018-2019 during a CERCLA cleanup by Lockheed Martin that was

completed in 2020.

B. Proposed Work.

State authorizes Tenant to conduct the following Proposed Work on the Property:

Installation of four (4) steel pilings. Tenant’s Proposed Work is considered Work and

subject to the terms and conditions of this Lease. If the Proposed Work is not

commenced within five years of the Commencement Date of the Lease, or if Tenant

is required to renew, extend, modify, or obtain a new regulatory permit for the

Proposed Work, Tenant shall obtain State’s prior written consent before conducting

the Proposed Work pursuant to Section 7.3 of the Lease.

C. Permits for Proposed Work. Tenant has secured the following permits for the

Proposed Work:

• USACE Permit NWS-2011-00467-WRD

• WDFW HPA Permit Number: 2017-4-765+01

2. ADDITIONAL OBLIGATIONS

Except for the Proposed Work authorized in Section 1.B. of this Exhibit B, State has not

authorized Tenant to conduct any Work on the Property. Tenant shall obtain State’s prior written

consent in accordance with Section 7.3 of this Lease and obtain all necessary regulatory permits

prior to commencing such Work.

tem No. 6d – attach 2

Meeting Date: October 27, 2020