2025/10/22 Council Agenda Packet

AMENDMENT NO. 3 TO RIGHT-OF-ENTRY AGREEMENT for The Boeing Company This Amendment No . 3 to Right -of-Entry Agreement (this "Amendment") is entered into as of ____________________, 2025, between The City of Everett, (“City”) and The Boeing Company (“Boeing”)and amends the Right of Entry Agreement dated May 28, 2014 as amended by Amendment No. 1 dated June 28, 2018 and Amendment No. 2 dated December 11, 2023, (the “Agreement”) related to the City owned property commonly identified as Snohomish County Tax Parcel Number 28040300100100 , 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 are hereby acknowledged, the parties hereby agree as follows: 1. Term The City and Boeing agree that the term of this Agreement shall be extended until Boeing receives a No Further Action letter or its equivalent from the Washington State Department of Ecology under Powder Mill Gulch RCRA Corrective Action Agreed Order DE 96HS- N274, and Boeing has removed all related equipment from the site and completed any necessary restoration work. 2. Status of Agreement. Except as expressly set forth in this Amendment, the Agreement continues in full force and effect in accordance with its terms. This Amendment may be signed with AdobeSign, which is fully binding. IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 as of the day and year first written above. The Boeing Company The City of Everett ___________________________ __________________________ Name: David Gorman Cassie Franklin/Mayor Title: Authorized Signatory Attest: __________________________ Office of the City Clerk