N4425515RP00042 STATE OF WASHINGTON, PARKS AND RECREATION COMMISSION Don Hoch, Director BLAKE ISLAND, FORT FLAGLER, ILLAHEE, MYSTERY BAY, SCENIC BEACH STATE PARKS RIGHT OF ENTRY PERMIT THIS PERMIT is made this {day of gel 20 ??veen the STATE OF WASHINGTON, WASHINGTON STATE PARKS AND RECREATION COMMISSION (Grantor, ?State? herein) and Naval Special Warfare Group 3, U. S. Navy (?Grantee? herein). In consideration of mutual bene?ts and in consideration of the performance by Grantee of the covenants, terms, and conditions hereinafter set forth, State hereby conveys to Grantee a nonexclusive, non-divisible permit. This permit authorizes: The use of certain areas of State?s property described and shown in Exhibits and attached hereto and by this reference made a part hereof, with all connections and appurtenances thereto, across, along, in, upon and under State's property, for Naval training exercises. The terms ?areas? and ?use areas? in this instrument refer to State?s property as described and shown in Exhibits and Following review, staff has determined that the granting of this permit is exempt from the State Environmental Policy Act of 1971 under WAC Consequently, no SEPA document is required prior to execution of this permit. This permit is granted under authority of RCW and Commission authority of August 7, 2012. It is granted subject to and conditioned upon the following terms, conditions, and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Term of Permit. This permit is valid for a period of ?ve (5) years or portions thereof from the date of signature and may be renewed upon mutual written consent. 2. Coordination of Activities. Grantee shall coordinate the dates of its activities on the use areas with the Blake Island, Fort Flagler, Illahee, Mystery Bay, Scenic Beach State Park Managers, or such other employee of State as State may from time to time designate, and Grantee shall provide said employee with at least three (3) days? prior notice of its intent to enter upon State's property to commence such activity. 3. Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules, and regulations of any public authority having jurisdiction. 4. Tree Removal. No trees are to be cut or removed from State?s property without prior approval of the State according to the policies of the Washington State Parks and Recreation Commission. 5. Control of Park Gates, Roads and Lands. Control of park gates, roads, and lands shall remain with State at all times. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this permit so as to minimize, and avoid if reasonably possible, interference with State's use of the use areas for park purposes. Grantee shall at all times conduct its activities on State?s property so as not to interfere with, obstruct or endanger State's operations or facilities. 7. Termination for Breach. In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within thirty (30) days of State's giving Grantee written notice thereof, or, if not reasonably capable of being cured within such thirty (30) days, within such other period of time as may be reasonable in the circumstances and agreed to in writing, State may terminate Grantee's rights under this permit in addition to and not in limitation of any other remedy of State at law or in equity, and the failure of State to exercise such right at any time shall not waive State's rights to terminate for any future breach or default. 8. Liability. Grantor is subject to tort liability in accordance with State statutes and Grantee is subject to tort liability in accordance with federal statutes. It is understood that pursuant to these statutes, each is a party to this agreement and will be assigned and will assume responsibility for any damages to third parties that are attributable to the negligent acts or omissions of the individual party. Grantee agrees to consider and adjudicate any and all claims that may arise out of this permit resulting from the actions of Grantee, duly authorized representatives, 01' contractors of Grantee, and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., the Federal Employees Compensation Act, 5 U.S.C. 8101 et seq., or such other Federal legal authority as may be pertinent. 9. Third-Party Rights. State reserves all rights with respect to its property, including, without limitation, the right to grant permits, licenses, and permits to others subject to the rights granted in the permit. 10. Property Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by State affecting the use areas subject to this permit. State does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 11. Notices. Notices required to be in writing under this permit shall be given as follows: If to State: If to Grantee: Washington State Parks Recreation Commission Lands Program PO. Box 42650 Olympia, WA 98504?2650 (360) 902?8500 With Copy to: Blake Island State Park, Manager PO Box 277 Manchester, WA 98353 Dave Roe 360-871?4065 and Paul Ruppert 360-239-4858 Fort Flagler State Park 10541 Flagler Road Nordland, WA 98358 Mike Zimmerman 360-301-1772 and Aaron Terada 360-385-1259 Illahee State Park 3540 NE Bahia Vista Drive Bremerton, WA 98310 Steve Kendall 360-478?6460 Mystery Bay Area Manager Fort Flagler 10541 Flagler Rd. Nordland, WA 98358?9656 Mike Zimmerman 360-301?1772 Scenic Beach State Park PO Box 7 Seabeck, WA 98380 Stephen Ryder 360-830?5079 and Steve Kendall 360-478-6460 PLEASE CONTACT THE PARK MANAGERS AT LEAST 48 HOURS IN ADVANCE OF THE EXERCISES SO THEY CAN NOTIFY THE 911 EMERGENCY SYSTEM Naval Special Warfare Group Three Building 55 455 Hornet Drive Ford Island, Honolulu, HI 96818 (619) 472-0990 12. Assignment. Grantee shall not assign its rights hereunder, and no such assignment shall be valid, without the prior written consent of State. 13. Successors. Subject to the preceding paragraph, the rights and obligations of the parties shall inure to the bene?t of and be binding upon their respective successors and heirs. EXECUTED as of the date hereinabove set forth. GRANTEE STATE Bymuc?w??udm, By VL?r?m . . Peter Herzo g, Assistant Director Title Pad] 85?? k. my ?$04 by Delegated Authority of August 7, 2012 APPROVED AS TO FORM ONLY: ROB MCKENNA Attorney General Michael Young Assistant Attorney General Approved by email authorization, 4/27/2015 Grantee Acknowledgment STATE OF WASHINGTON 33. County of Kil?SAp THIS IS TO CERTIFY that on this day, before me the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared [Mi-Plum? BMW to me known to be the gala-Iv (:anch 0493?? of the that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that be was authorized to execute the said instrument. WITNESS my hand and of?cial seal this 29?" day of {Jae u. 20 rule) Vat-?Cir? . otary Publlc 1n and for the State of residing at 129?!? I My commission expires MM 01? 2.0! 7 State Acknowledgment STATE OF WASHINGTON ss. County of THURSTON THIS IS TO CERTIFY that on this day, before me the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared H. Ox; Zg?x to me known to be the giro} Um \C-l 0f the Washington State Parks and Recreation Commission that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Commission, for the uses and purposes therein mentioned, and on oath stated that mg was authorized to execute the said instrument. WITNESS my hand and of?cial seal this is day of 20 mm?, a_ "7 e16 9.907.39/Notary Pu To in and for the State of Washington I 7- ,f PUBUC residing at 07 ?Hugs GK expires 5/7 - 3 . EXHIBIT A Legal Description A portion of Blake Island State Park in Sections 25, 26, and 36, Township 24 N, Range 2E, W.M., Kitsap County, WA, and A portion of Blake Island State Park in Section 30, Township 24 N, Range 3E, W.M., Kitsap County, WA A portion of Fort Flagler State Park in Sections 8, 16, 17 and 18, Township 30 N, Range 1E, W.M., Jefferson County, WA, A portion of Mystery State Park in Section 29, Township 30 N, Range 1E, W.M., Jefferson County, WA, A portion of State Park in Section 6, Township 24N, Range 2E W.M., Kitsap County, WA A portion of Scenic Beach State Park in Section 18, Township 25N, Range 1W, Kitsap County, WA Exhibit 931."; a 4 - Ellal-E Isls'rd . ?3 5--2, ?ff Data in nest.? traps were mmpz'ed .?ur narwgraphz-c purposes Due I: he varLab?yanr-e soul-9e San . i . .. inbrmahn. the H?o?5311nghn Sure Paris an: 0? 5h? ?rm? Gum? R, REUEBMG Camison 0.3mm amtre spona?mug- _j Park. Boarrdanea {scarce br errors ororpiss'ans, 3rd, ti-gvrebra. were are to Land Acquisitions (Source: ?n ?1 Emma? ?En" 500 LDOO 1,500 Fe e! Hans-germni I I I I HARM Yamabn State Fla re 39th Exhibit 52-! I'an TE 3N Land Hannah-3n (source: WSP RC) For! Flag?er v. 221 TEEN 91E 5.2; rat; 73-35: 9.75 Seam-fl Tamar-in Ergusmroe: WADNR) i1] Pa Boumres (sou-:03: Land Acquisition: (5 our?: Danetme ?augment Lil-Hy pan-:1 Dal: hese maps my: cornpr-ed Farcenographi: VJEPDSES Due be uriabmyohhe scarce airman-61.1% State Parks aw: near-33m Con-mason cam-oat swept re enovs omsm-ns? and. thereb'e. there are no warrant-35 wh i171 amt-anyhis man-n31 1.000 2,000 3,000 4,000 5.000Feet I I I HAHN Wash'mv; bn SE {a Pia re Smith 72m ace T2491 PIE {war-ea r. . -- . Data In liege rra p5 are mmpr'red br cartogra ph-c Town 5h1p Rangetsourse: Land Acquisitions ls nume: W5 Oar-E1919 Miragerrenl X. -4 purposes. Due he wna biIinC-ili'ii source .nbrmaan. the Way-mam Stale Par?? and Pamealqn Co mane-n accept re br errors oromissiona. and, therebre. there are no warranl'rasuhm amen-panyha nuarisl 1.000 1,500 Feet 1 Sale Pl: re South 500 I M332- HARN Washing rm Exhibit u. TECH RTE ?u IMN- i 1?1 22; 73:1 R12 -2 . 2? ?3'519?3'355w-L??rhu?l?u?f 533 ?Ix?xl I Data these maps were mw?e? twcanograp-h-c c-urpases? Due I: he grew-waf?e source . . . unbrmazc-n. the Wash-n nn State Paris arzl seam mum R1..ge(sou ca mum; Remaw Cam?smgcamt NW1 i i Emmy? b: errors aromas-Ina. and. thgrebre. than: arena und Acquisitions (scum: ws ??31 a'mmnma ?we" 0 1,000 Feet ?35an amen! I _l HARM W'ayier?r; State Fiane South Exhibit . (-rrfn .x?f ?3 2 Emma Bea eh all-Data in mesa maps were comp-?ed hr cartographm purposes. Due are saris source SedionToa-nship Range LandAcquisitionsisoum: Owner 51? I na-gen'enl M:\Projects\1A? OF WASHINGTON permitdoc inbrmawn. {he Washingbn Slate Parts in! Recreabon Co can not acnept ra smasrt-rlity br Errors or omassror-s. and. therein-Ia there are no warramies whim axon-panyhis rrlaEr'al 500 1,00 0 Fe at I NADBE HAHN Wimlrp; br- Stale Pl: we Bz-uth