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HomeMy WebLinkAboutAdden 1 CAG-09-164,Adden#1-19 Vn "O AMENDMENT NO. 1 TO AGREEMENT WITH RENTON REGIONAL COMMUNITY FOUNDATION (CAG-09-164) THIS AMENDMENT, dated for reference purposes as April 24, 2019, is by and between the City of Renton(the"City"),a Washington municipal corporation,and the Renton Regional Community Foundation ("Foundation"), a Washington nonprofit corporation. The City and the Foundation are referred to collectively in this Amendment as the "Parties." Once fully executed by the Parties,this Amendment is effective as of the last date signed below. WHEREAS,the Parties entered into Agreement CAG-09-164,dated September 1,2009,regarding establishment of the Renton Senior Activity Center Fund (the"Fund")(Agreement CAG-09-164 is hereinafter the"Agreement"); and WHEREAS, the Parties discovered that they had slightly differing versions of the Agreement in their respective files,with the differences appearing in the Agreement's purpose section (section 4), as copied below: Version on File with the Foundation Version on File with the City "4. Purpose. The Fund is established as a "4. Purpose. The Fund is established as a non-endowed fund. non-endowed fund. "The Fund shall be used to support facilities, "The Fund shall be used to support the programs and services of the Renton Senior following organizations: The City of Renton, Activity Center,a program of the City of Renton Senior Activity Center, Community Renton's Community Services Department. Services Department,for the purpose of benefitting senior programs at the Renton "The purpose of the Fund may be Senior Activity Center. communicated in Foundation publications and events." "The purpose of the Fund may be communicated in Foundation publications and events." and; WHEREAS, the Parties are not able to determine which version of the Agreement was intended to be the controlling version because both versions are fully executed and dated the same day; and WHEREAS,the Parties agree that both versions of the Agreement carry out the intent of the Last Will and Testament of George S. Ikuta which provides at its section 3.2 for a gift of residue to the Renton Senior Activity Center "to be used for the support of programs for seniors," but the Parties also agree that to avoid confusion it is desirable to amend the Agreement to move forward with a unified purpose statement carrying out the intent of Mr. Ikuta; NOW THEREFORE, it is mutually agreed upon that the Agreement is amended as follows: 1. The Agreement's Section 4, Purpose,is amended to read as shown,and all prior versions are replaced with the following: 4.Purpose. The Fund is established as a non-endowed fund. The Fund shall be used to support programs for seniors at the Renton Senior Activity Center. Such support may include direct program funding or indirect support such as funding for facility improvements,technology improvements, and short-term staffing. The purpose of the Fund may be communicated in Foundation publications and events. 2. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to actions taken according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF,the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON FOUNDATIO By: e . Kelly Beym r LeAnne Moss Administrator, Community Services Executive Director Department/ (/,844 � Date Dat PAGE 2 OF 3 Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 01/19/2019(non-standard LCC) 0 PAGE 3 OF 3