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HomeMy WebLinkAboutC_Extension_Letter_210331_v1 March 31, 2021 Talvinder Sahota SECO Development, Inc. 1133 Lake Washington Blvd, Suite 90 Renton, WA 98056 SUBJECT: Southport/Boeing Fence Banner, LUA20-000050, TP PROJECT LOCATION: Parcel No. 0886600060 Dear Ms. Sahota: This office has reviewed your request (dated September 18, 2020) to extend an approved Tier 2 Temporary Use Permit (LUA20-000050, TP) for three (3) separate Southport banners on Boeing property that expired on September 30, 2020. Pursuant to RMC 4-9-240.O, the municipal code allows the original approving body to issue an extension beyond one (1) year and for up to five (5) years. A License Agreement between The Boeing Company and Office at Southport LLC was entered into as of March 16, 2021 for a two-year term until September 30, 2022 (enclosed). Therefore, a temporary use permit extension is approved, subject to the following conditions: 1. The applicant shall replace the existing banners with new banners. The replacement banners shall be the exact same material, print and size. In addition, the new banners shall use the same method of attachment, at the same location, to Boeing’s chain link fence. 2. The banners shall be removed and the site shall be restored to the original condition when the agreement granted by Boeing terminates on or by September 30, 2022. Please feel free to contact me at cclose@rentonwa.gov or (425) 430-7289 should you have any further questions or comments regarding this extension. Sincerely, Clark H. Close Senior Planner Enclosure: Amendment No. 2 to License Agreement cc: The Boeing Company / Property Owner Office at Southport, LLC / Applicant AMENDMENT NO. 2 TO LICENSE AGREEMENT This Amendment No. 2 to License Agreement (this “Amendment”) is entered into as of between The Boeing Company (Licensor) and Office at Southport LLC (Licensee) and amends the License Agreement dated May 3, 2018, as amended by the Amendment No. 1 to License Agreement dated October 21, 2019 (collectively the “Agreement”) between the same parties (jointly, the “Parties”). 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 Agreement are used here as they are there defined. 2. Amendments. The Agreement is hereby amended as follows: 2.1 Term. The Parties agree to extend the Term of the Agreement for two years (the “2-year Extended Term”) until September 30, 2022 (“Termination Date”). 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. This Amendment may be executed by facsimile, by pdf, or through electronic means such as DocuSign, each of which will be deemed equivalent to execution by hand. 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 Agreement) and contains together with the unamended provisions of the Agreement 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 Agreement. As amended by this Amendment, the Agreement continues in full force and effect in accordance with its terms. On and after the date of this Amendment, the Agreement shall be deemed amended by this Amendment and all references in the Agreement to Page 1 of 2 DocuSign Envelope ID: 86ABD3DA-FABC-443A-8074-21C0D724F5F9 3/16/2021 “this Agreement” “herein” “hereof” and the like shall be deemed to be references to the Agreement as amended by this Amendment. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year first written above. The Boeing Company Office at Southport LLC By: By: Name: Name: Michael Christ Title: Date Signed: Title: Manager, SECO Development, Inc Date Signed: March 15, 2021 Page 2 of 2 Nathan Lovan Authorized Signatory DocuSign Envelope ID: 86ABD3DA-FABC-443A-8074-21C0D724F5F9 3/16/2021