4937 SEA BREEZE WAY 2018-01-02 MF Import

A G R E E M E N T September 5, 1991 THIS AGREEMENT is made and entered into this 5 ryday of _ SE/�Ea1Q6e 1991, by and between the BOEING COMPANY, a Delaware corporation, and DARREL AND ROMA FREUDENBERG, and the CITY OF EVERETT, a Washington municipal corporation, and for good and valuable consideration passing between the parties. IT IS AGREED AS FOLLOWS: 1. The Boeing Company will provide an engineering design prepared by Dames and Moore following the proposal outlined in the Dames and Moore letter report of July 29, 1991, Job No., 00695-476-016 to install a retaining wall adjacent to the Freudenberg house at 4937 Seabreeze Way, Everett, Washington, including protection for the driveway, place necessary fill to cover exposed areas behind the retaining wall, place a gabion wall to stabilize the creek bank below the house and driveway so as to support the corners of the existing house. 2. The Boeing Company agrees to provide, through Dames and Moore, an engineer's cost estimate of the amount necessary to construct and install the Dames and Moore design. 3. The Boeing Company agrees to pay the Freudenbergs an amount equal to the engineer's cost estimate. It is agreed that the cost estimate shall be based upon an actual bid procured from a reputable contractor so that the cost of construction will not exceed the amount of the engineer's cost estimate. Agreement - Page 2 nx