Boeing 5/9/2016 - Laserfiche WebLink

CITY AMENDMENT No. 1 TO ACCESS AGREEMENT This Amendment No. 1 to Access Agreement (this "Amendment") is entered into as of April 12, 2016 between The City of Everett,Washington and The Boeing Company and amends the Access Agreement dated June 27, 2011 (the "Agreement") between the same 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. 07 cn cr 2. Amendments.: 72 2.1 Pursuant to Section 2 of the Agreement, City and Boeing have agreed to extend the term of the Agreement by five (5) years, so that the term of the Agreement will expire on June 26, 2021. 2.2 Section 1.A. Access shall be deleted in its entirety and replaced with the following: "A. Access. Boeing, its employees, agents, consultants, contractors and subcontractors (collectively, "Boeing Parties"), along with representatives of the Washington Department of Ecology ("Ecology"), shall have the right to enter upon the Property from time to time during the term provided for in Section 2 of this Agreement to perform noninvasive, and invasive inspections and testing of the Property, including, without limitation: site walks; geotechnical and environmental tests and assessments, studies and examinations; soil boring, sampling, and testing; groundwater sampling and testing; installation of monitoring wells, test pits and trenches; performance of any other tests needed to determine surface and subsurface environmental conditions or evaluate potential cleanup alternatives; and installation, monitoring, and maintenance of remediation equipment, conveyance piping and utility lines and trenches, sub grade vaults, and treatment barriers, all as may be deemed necessary or desirable in the opinion of Boeing and all at Boeing's sole cost and expense (the "Work")." -- 1 --