HomeMy WebLinkAboutAdden 1 CAG-19-145,Adden#1-19
AMENDMENT No. 1 TO LICENSE AGREEMENT
This Amendment No. 1 to License Agreement(this "Amendment") is entered into as of_
7/1/20/1 between City of Renton and The Boeing Company and amends
the License Agreement dated May 3, 2019 between the same parties (jointly, the
"Parties"). For reference,the License Agreement(the "License") has been given file
number CAG-19-145 by City of Renton.
In consideration of the mutual promises of the parties set forth in this Amendment, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Definitions. Unless otherwise defined in this Amendment, all terms used in this
Amendment that are defined in the License are used here as they are there defined.
2. Amendments to the License's Section 2, Use.
2: [THE FIRST PARAGRAPH OF SECTION 2 IS REVISED TO
READ:] "Licensee shall use the Licensed Property solely for the periodic non-exclusive
use of Nishiwaki Lane for truck access and egress located on Licensee's property as
described on Exhibits "B" and "D"; temporary installation of a truck access gate in the
existing security fencing; temporary installation of a drainage culvert and pavement over
the existing drainage ditch, and temporary manhole connection to King County Sanitary
Sewer at R01-42, subject to the following limitations:"
2.(c): [SUBSECTION 2.(c)IS SUPPLEMENTED WITH A NEW
SUBSECTION 8, READING AS FOLLOWS:] "8. Comply with all mitigation
measures or conditions described in Exhibit"D" for the connection with and removal
from the manhole."
2.(g): [SUBSECTION 2.(g) IS SUPPLEMENTED WITH A NEW
SUBSECTION 3, READING AS FOLLOWS:] "Licensee shall remove six-inch (6")
ductile, iron, dewatering pipe at project conclusion, prior to asphalt paving. Backfill will
be restored with imported backfill similar to native conditions; manhole penetration will
be restored with high-strength grout. Any landscaping disturbed during pipe
installation/removal will be restored to its original condition."
3. Miscellaneous Provisions Applicable to this Amendment.
3.1 This Amendment will be effective immediately upon execution and
delivery by the Parties.
3.2 This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument.
Amendment No. 1
License Agreement,CAG-19-145
3.3 This Amendment shall be governed by the law of the State of Washington,
without reference to its choice of law rules.
3.4 This Amendment supersedes any prior agreements, negotiations and
communications, oral or written, with respect to this subject matter (other than the
unamended provisions of the License) and contains together with the unamended
provisions of the License the entire agreement between and the final expression of the
Parties with respect to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employee, officer,
agent or representative of either party hereto shall be of any effect unless it is in writing
and executed by the party to be bound thereby.
4. Status of License.
As amended by this Amendment, the License continues in full force and effect in
accordance with its terms. On and after the date of this Amendment, the License shall be
deemed amended by this Amendment and all references in the License to "this License"
"herein" "hereof' and the like shall be deemed to be references to the License as
amended by this Amendment.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the day
and year first written above.
The Boein Comp y City of Renton
y: By: . •'/% "•
Name: 5N 00,0 pePlzrelL Name: keuy ay/j?o.
Title: Authorized Signatory Titledow#.£2VlCE5 tiv/S 7/i
Date Signed: -7 - ( - 2 (6aj Date Signed: 7/)/9
Approved as to Legal Form:
SHANE MOLONEY
City Attorney
Page 2 of 2
EXHIBIT "D"
Cailin Hunsaker
From: Tosello, Paul <Paul.Tosello@skanska.com>
Sent: Tuesday,June 4, 2019 11:50 AM
To: Cailin Hunsaker
Cc: Clement(US), Mark D; EXT-Doty, Thomas; Heinle, Chris;Jellison, Clint; Rohini Nair; Brad
Stocco; Kelly Beymer; Steve Brown
Subject: RE:Apron R - Sitewalk Follow Up
Attachments: Cedar River Trail Park - MH Connection Traffic Control.pdf
Hi Cailin,
Please see requested information below.
Schedule:
Day 1—Sawcut asphalt, Excavate,Connect pipe
Day 2—Backfill, HMA Pave
Mitigations outside of working hours:
Outside of regular working hours (7AM to 3PM),the sawcut area will be covered with traffic rated steel plates. Signs
notifying drivers of steel plates will be installed. Plate locks will be installed to keep the plates from shifting.
Mitigations during working hours:
We will maintain one lane of traffic during construction hours with steel plates. We will also steel plate the entire work
area on short notice if the Rowing Club requires access to the fenced enclosure. See attached PDF for proposed traffic
control during construction
Condition during Apron R Construction Phase:
Once installed,this pipe will be buried under the roadway. Burying the pipe and connecting to the "neck" of the
manhole will eliminate any necessity of temporary ramps over the multi-year project per the original detail submitted to
King County.
Restoration:
Per the current agreement, Boeing will grind and overlay the top 2" of asphalt in the park.
With the addition of the 6" ductile iron dewatering pipe,the only additional scope/restoration is dependent on if City of
Renton would like the pipe abandoned in place or removed at project conclusion prior to asphalt paving. If CoR would
like the pipe removed,the backfill will be restored with imported backfill similar to the native condition and the
manhole penetration would be restored with high strength grout.
Any landscaping disturbed during the pipe installation/removal will also be restored as needed.
Please let us know if you have any questions.
Thank you,
Paul Tosello
Senior Project Engineer
Skanska USA Building Inc.
Seattle WA 93109 United States
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