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FIRST AMENDMENT <br /> to <br /> PROPERTY DISPOSITION AGREEMENT <br /> AND <br /> JOINT ESCROW INSTRUCTIONS <br /> This First Amendment to Property Disposition Agreement and Escrow Instructions <br /> ("Amendment") is dated August 5, 2009, and is entered into by and among KIMBERLY- <br /> CLARK WORLDWIDE, Inc., a Delaware corporation ("Kimberly-Clark"), and THE CITY OF <br /> EVERETT, a Washington municipal corporation("City"). <br /> A. The City and Kimberly-Clark entered into a certain Property Disposition <br /> Agreement and Joint Escrow Instructions dated January 22, 2009 (the "Agreement"). <br /> B. The City and Kimberly-Clark hereby express their mutual desire to amend by this <br /> writing, those terms, covenants and conditions of the Agreement as contained herein and agree that <br /> all terms and conditions of the Agreement not expressly amended by this writing shall continue in <br /> full force and effect. <br /> NOW THEREFORE, for and in consideration of the mutual promises as stated herein and for <br /> other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, the parties to this Amendment agree as follows: <br /> Section 17. (a)(i) which currently reads: <br /> (i) Development and construction of Bridge parking lot. <br /> Within 180 days of Closing, Buyer shall commence and diligently proceed to complete <br /> construction of a parking lot under the West Marine View Drive Bridge that will accommodate <br /> between 50 and 70 parking stalls ("Under Bridge parking lot"). Said parking lot shall consist of a <br /> gravel base, asphalt surface, striping, illumination, and drainage improvements constructed per <br /> City Design and Construction Standards which shall also include 6' high chain link perimeter <br /> security fencing generally consistent with the conceptual plan for the Under Bridge parking lot as <br /> depicted in Exhibit C. All costs related to the development and construction of the Under Bridge <br /> parking lot as depicted by Exhibit C shall be borne by Buyer. Any costs associated with any <br /> "additional improvements" such as electronic or other type surveillance or security measures <br /> other than fencing, or other any other Seller required improvements, shall be borne by Seller. <br /> The Under Bridge parking lot shall be deemed complete upon final inspection approval by the <br /> City of Everett Building Department and upon to the mutual satisfaction of Seller and Buyer at <br /> which time Seller shall commence use of said Under Bridge parking lot and shall discontinue use <br /> of the Property as provided for under paragraph(c) "Temporary Parking". <br /> Is hereby amended to read: <br /> 22 <br />