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HomeMy WebLinkAboutAddendum - 3AMENDMENT NO. 3 TO LICENSE AGREEMENT WITH THE BOEING COMPANY FOR ACCESS TO CEDAR RIVER TRAIL PARK FOR APRON ‘R’ CONSTRUCTION PROJECT THIS AMENDMENT, dated for reference purposes only as September 6, 2022, is by and between the City of Renton (the “City”or“Licensor”), a Washington municipal corporation, andThe Boeing Company (“Licensee”), a Delaware corporation. The City and the Licensee 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 by both parties. Whereas, the City agreed to the terms under Agreement CAG-19-145, dated May 3, 2019, Amendment No 1 dated July 2, 2019 and Amendment No 2 dated November 23, 2021 to provide periodic non-exclusive use of Nishiwaki Lane in Cedar River Trail Park for truck access and egress located on Licensee’s property, temporary installation of a truck access gate, temporary installation of a drainage culvert and pavement over the existing drainage ditch and for the placement of a portable outbuilding (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the time of performance or “Termination Date”of the agreement in orderto extend the lease term at Cedar River Trail Park. NOW THEREFORE, It is mutually agreed upon that CAG-19-145 is amended as follows: 1. Time of Performance:Section 3.TERM,is amended to read as follows: 3. Term This License shall commence on mutual execution of the License (the “Commencement Date”) and shall continue (unless sooner terminated pursuant to this Section 3) until December 31, 2022 December 31, 2023. The date on which this License shall terminate is referred to here as the “Termination Date” and the period of time commencing on the Commencement Date and ending on the Termination Date is referred to here as the “Term”. Either party may terminate this License earlier than December 31, 2022 December 31, 2023 by strictly observing the following process: (1) Provide at least a sixty (60) day written notice of early termination to the other party, stating in such notice the date on which such termination shall be effective; (2) if the other party objects in writing to the termination date within twenty (20) days of the date of the notice, engage in a good faith attempt to resolve the dispute informally; and (3) if the dispute is not resolved through informal means within twenty (20) days of he other party’s objection, either party may exercise any available legal or equitable right to resolve the dispute through formal means.        CAG-19-145, Adden #3-22 DocuSignEnvelopeID:F45FF898-A0B64D25-8BBD-C1EAOFF29B972.AlltermsoftheAgreementnotexplicitlymodifiedhereinshallremaininfullforceandeffectandsuchtermsshallapplytoWorkperformedaccordingtothisAmendmentasiffullysetforthherein.INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAmendmentasofthedatelastsignedbythePartiesbelow.LICENSEELICENSORTheBoeingCompanyCityofRentonDouSgnedby:By:______By:KeyerAuthorizedSignatoryAdministrator,ParksandRecreationOctober21,2022ll/jj/2DateDateApprovedastoLegalFormBy:__________________________ShaneMaloneyCityAttorneyclb10-4-225870PAGE2OF2(approved by Cheryl Beyer via email on 11/18/2022)