Item No. 6f  attach 2
Meeting Date: May 12, 2020

Suquamish/Port of Seattle Terminal 117                                                          Page 2
Letter Agreement

(5) The Port will include at least 100, ten feet to 12 feet high, deciduous and evergreen trees in
the project riparian planting plan in order to provide more rapid tree-shade of adjacent
aquatic area. No less than 100 trees in this size range will be planted within ten feet of
MHHW,spaced approximately 20 feet apart. The Port commits to taking all reasonable
measures to ensure survival of the larger material, including weeding, mulching, staking,
and watering. Please note that unsuccessful large tree installations will be replaced with
smaller tress, since it will be difficult to access the replacement site following construction
and successful establishment of adjacent riparian plantings.

(6) The Port will work with the Tribe to develop, fund, install and maintain interpretive
signage to raise awareness about treaty-reserved fisheries in the area. The Port agrees to
separately fund the project for $50,000 and will meet with designated Tribe contacts to
advance work on this project. The Port shall submit final signage plans to the Tribe for
review and approval. Any future modifications to the signage shall require Tribal
approval.

(7) The Port will install up to nine (9) set net attachment piling along the shoreline within the
project site. These will be steel piling installed at approximately plus eight feet MLLW.
The Port will also install shoreline set net attachment points at approximately plus 12 feet
MLLW (toe of slope) once the on-channel marsh has developed and marsh planting area
goose-exclusion structures have been removed. The precise size and location of the piling
will be determined through field-consultation with representatives of the Tribe.

(8) The Suquamish Tribe agrees to transmit a letter to the U.S. Army Corps of Engineers,
referencing the Project (U.S. Army Corps of Engineers Reference Number NWS-2014-
0749), stating that the Tribe does not oppose the issuance of federal permit approval for the
project. This letter will be sent no later than 10 business days following execution of this
agreement.

This Agreement relates solely to the Terminal 117 Habitat and Public Shoreline Access Project
(U.S. Army Corps of Engineers Reference Number NWS-2014-0749-WRD). The seven
elements of this Agreement represent the entire scope of the agreement of the parties with
respect to its subject matter. This Agreement does not preclude the Tribe from pursuing any
violations of local, state, or federal authorizations applicable to the referenced project. The
Tribe is not precluded from commenting on or challenging any modification of the referenced
project with the potential to alter the scope of potential adverse effects on the Tribe. The Tribe
and the Port further agree that nothing in this agreement is intended to or should be construed
to define the nature and scope of treaty fishing rights.

This agreement is made in light of currently known information concerning the referenced project
and is subject to Port Commission approval. The payment described in paragraph (4) will not be
made until Port Commission has approved this agreement and authorized construction of the
project.

Suquamish/Port of Seattle Terminal 117                                                          Page 3
Letter Agreement
Plt)
LeonardForsmanpA       Stephen P.Metruck
Chairman                                    Executive Director
Suquamish Tribe                                Port of Seattle

Date: ZV 7              Date:    R/\sz 6.9