2008/04/30 Council Agenda Packet

14, 18, 30 and 34) and the 41 st Street Overpass and Roundabout (Lots 17 and 20). For- pufpeses of Seetie 16�v-7 orally,+-tet "Landfill Site, as used therein shall fnean the"La3 Pad" "FeEmer- RR ROW and River " as Elesearibed and shey,% in this Arfaeadme 2. Survey/Permitted Exceptions. The Survey prepared and signed by Perteet Inc. dated and r-efereneed as April 25, 2008 shall be and constitute the Survey referenced in the Agreement and its delivery to OM compliance with and fulfillment of the City's obligation to deliver an ALTA survey under Section 3.1 of the Agreement. The parties to this Amendment also acknowledge and agree that the exceptions set forth in the Dr-�TProforma Title Gemmitmen Policies attached to this Amendment as Exhibits E-1 and E-2 are and shall be Permitted Exceptions as described in Section 3.4 of the Agreement and shall replace Exhibit D to the Agreement. 3. Boundary Line Adjustment. To accommodate the revised descriptions referred to in Section 1 above, the City has prepared and filed, in cooperation with OM, a boundary line adjustment application and survey (BLA 08-004), recorded on April 8, 2008 under recording number 200804085006 (the "BLA"). The BLA and the revised legal lots described therein are acceptable to OM. The cost of preparing, prosecuting and recording the BLA shall be paid for equally by OM and the City, with appropriate reimbursements being made at Closing; provided, however, in no event shall OM's share of the BLA costs exceed $25,000. 4. KLB License. The parties to this Amendment agree that, contrary to the Agreement, the City shall retain at Closing the License granted to KLB referred to in Section 3.4(v) of the Agreement, which has been amended, with the consent of the parties, pursuant to a certain Amendment to License For Use of City Property dated April 9, 2008, a copy of which is attached to this Amendment as Exhibit F (hereinafter the "Amended KLB License"). Accordingly, subsection (v) of Section 3.4 of the Agreement is revised to read as follows: (v) the Licenses for Use of City Property granted to Atkinson-CH2M Hill and to KLB Construction, Inc. related to the I-5 HOV Project (the "Contractor License"); provided, however, only the Atkinson-CH2M Hill License shall be assigned to OM by the City and assumed by OM at Closing; 5. Environmental Indemnification Agreements. The parties to this Amendment agree that the Agreements forms attached to this Amendment as Exhibit G shall be and constitute, collectively, the Environmental Indemnification and Landfill Agreement referred to in the Agreement and shall be signed, delivered and recorded at Closing by the appropriate parties to this Amendment. The documents attached to this Amendment as Exhibit G include (i) the Landfill and Environmental and Indemnification Agreement, (ii) the Simpson Pad Environmental Indemnification Agreement, (iii) the Mill Property Environmental and Indemnification Agreement and (iv) the Former RR ROW/River Parcels Environmental and Indemnification Agreement. 6. Consent Decree Assurance. OM has received all of the assurances they required to satisfy the Environmental Agreement and Consent Decree Assurance Contingency and hereby waives the Environmental Agreement and Consent Decree Assurance Contingency set forth in 06107-0063/LEGAL l 4 2 n�.-114221353.1 06107 0063/ E A r 14 220879.1