2008/10/22 Council Agenda Packet

7 FOURTH AMENDMENT TO THE LICENSE AGREEMENT FOR USE OF THE DRIVER'S BREAK ROOM AT EVERETT STATION This Fourth Amendment to the License Agreement for Use of the Driver's Break Room at Everett Station ("Second Amendment") is entered into as of , 2008, by and between CITY OF EVERETT ("City") and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"). RECITALS Whereas, as of December 1, 2003, City and Sound Transit entered into a certain License Agreement for Use of the Driver's Break Room at Everett Station ("License Agreement"), and; Whereas, the License Agreement was amended by the First Amendment to the License Agreement dated May 12, 2005, and; Whereas, the License Agreement was further amended by the Second Amendment to the License Agreement dated October 27, 2006, and; Whereas, the License Agreement was further amended by the Third Amendment to the License Agreement dated October 8, 2007, and; Whereas, the Third Amendment to the License Agreement expires on October 31, 2008 and; Whereas, the Parties are satisfied with the process for operations and maintenance under the License Agreement and therefore wish to extend its term. Accordingly, the Parties therefore agree as follows: 1. Section 3, TERM is hereby amended as follows: The first sentence is deleted in its entirety and replaced with the following: "The term of this License Agreement shall commence on December 1, 2003 and shall expire on February 28, 2009. Upon expiration of the term, Sound Transit shall have the right to continue to occupy the Premises on a month-to-month basis until the License Agreement is terminated as provided herein. Sound Transit shall provide City with sixty (60) days advance written notice of its intent to terminate the License Agreement." 2. All other terms and conditions of the License Agreement shall remain in full force and effect. The License Agreement, as herein before amended, is hereby ratified and confirmed. 13 Fourth Amendment 091608.doc 1