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HomeMy WebLinkAboutAdden 04 i `wndAG-04-003, Adden #4-10 AMENDMENT FOUR (4) TO THE PARK AND RIDE GARAGE AGREEMENT Between the City of Renton and King County This Amendment 4 to the Park and Ride Agreement between the City of Renton and „d King County is entered into this as day of December, 2010 ("Amendment 4") by and between the City of Renton("Owner") and King County, acting through its Department of Transportation ("KCDOT"). WHEREAS,the Owner and KCDOT executed an agreement on June 1, 2004, ("Original Agreement")to permit transit and ride share commuters use of a portion of the Owner's property for a park and ride lot; and WHEREAS,the Owner and KCDOT executed Amendment 1 to the Original Agreement on October 22, 2008, ("Amendment I") to expand the number of commuter parking spaces to serve transit customer ridership and modify the compensation under Section 2 (Payment) of the Original Agreement; and WHEREAS, the Owner and KCDOT executed Amendment 2 to the Original Agreement on November 24, 2008 ("Amendment 2") to extend the Term to December 31, 2009; and WHEREAS,the Owner and KCDOT executed Amendment 3 to the Original Agreement on December 31, 2009 ("Amendment 3") to extend the Term to December 31, 2010; and WHEREAS,the Original Agreement, Amendment 1, Amendment 2 and Amendment 3 are hereafter collectively referred to as the "Agreement;" and WHEREAS, the parties now desire to extend the Term of the Agreement for an additional one (1) year period to expire on December 31, 2011; and WHEREAS,the parties further desire to reduce the number of commuter parking spaces to serve transit customer ridership to Two Hundred (200) spaces, a net reduction of Fifty(50) spaces from the Two Hundred Fifty (250) spaces allowed in Amendment 3 and to reduce the 1 number of option spaces to Fifty (50), a net reduction from the One Hundred (100) spaces allowed in Amendment 3. NOW, THEREFORE, in consideration of the mutual terms and covenants herein and in the Agreement, the parties hereto agree to the following: SECTION 1. Section 3 (Term) of the Original Agreement, as modified by Amendment 3 is hereby deleted in its entirety and is replaced as follows: This Agreement shall be in full force and effect and binding upon the parties hereto beginning June 1, 2004 and shall continue thereafter until it expires on December 31, 2011, unless the parties execute a subsequent amendment prior to that date that extends the termination date. SECTION 2. In the event that KCDOT desires to increase the number of commuter parking spaces, the parties agree to negotiate in good faith to increase the number of commuter parking spaces from the Two Hundred (200) up to an additional Fifty (50) for a total of Two Hundred Fifty (250) spaces. The parties understand and agree that neither party is obligated under this Section unless and until the parties are able to reach an agreement with respect to the total number of spaces (not to exceed an additional 50 commuter parking spaces) and the associated additional payment for the use of each commuter parking space. SECTION 3. All terms and conditions of the Agreement not amended by this Amendment 4 in shall remain in full force and effect and are hereby ratified and re-confirmed. To the extent any term(s) and/or condition(s) of the Agreement conflicts with any term(s) and/or condition(s) of this Amendment 4, the term(s) and/or condition(s) of this Amendment 4 shall control. [proceed to the next page for signatures] 2 IN WITNESS WHEREOF,the parties have executed this Amendment 4 on the date set forth below. KING COUNTY METRO TRANSIT DIVISION By: Kevin Desmond, General Manager Date King County Metro Transit Division CITY OF RENTON By: 4W 212 2YII� Denis Law, Mayor Date ATTEST: Bonnie I. Walton, City Clerk . a 3