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HomeMy WebLinkAboutAmendment 1First Amendment to Interlocal Agreement Page 1 of 3 10876795.1 - 371096 - 0023 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR JOINT NEGOTIATION WITH WSDOT REGARDING THE MAINTENANCE OF SR 520 FACILITIES THIS FIRST AMENDMENT to the Interlocal Agreement (“First Amendment” or “Amendment”), dated as of the later of the signature dates below (the “Effective Date”), is by and between the City of Medina, the Town of Yarrow Point, the Town of Hunts Point, and the City of Clyde Hill, all of which are Washington municipal corporations (individually a “Party” and collectively the “Parties”). RECITALS: WHEREAS, the Parties entered into an Interlocal Agreement on June 12, 2024 (hereinafter “Agreement”) for purposes of hiring joint legal counsel for negotiation with WSDOT regarding the maintenance of SR 520 facilities; and WHEREAS, since that time the Parties have determined that an amendment is needed to increase the budget set forth in Section 3 of the Agreement; and NOW THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: AGREEMENT: 1. Amendment to Section 3. Section 3 is hereby amended in the Agreement to read as follows: Section 3. Hiring and Financing of Professional Negotiator. The Cities agree to equally share the fees and expenses of an agreed upon law firm and attorney to serve as the professional negotiator to negotiate on behalf of the Cities with WSDOT, to the maximum total amount of Eighty Thousand Dollars ($80,000) ($20,000 maximum for each of the Cities). Joe Sabey, Mayor of the Town of Hunts Point, is authorized to sign a revised Engagement Letter, if required, on behalf of the Cities following their review and approval thereof. Each of the Cities shall be entitled to review the billings of the professional negotiator as received. Each of the Cities shall promptly pay its one- quarter share unless the Committee decides to delay payment or challenge the billing. The Committee shall determine with the professional negotiator whether the billings are split equally and invoiced separately to each of the Cities or invoiced in some other manner to the Cities. 2. Reaffirmation; Intention to be Bound. Except as expressly amended by this Amendment, each and every term, condition and agreement contained in the Agreement shall remain in full force and effect. The Parties reaffirm that the representations and warranties made by each Party in the Agreement are true and DocuSign Envelope ID: AA9B6867-C087-4385-9094-C82E3D3603E1 First Amendment to Interlocal Agreement Page 2 of 3 10876795.1 - 371096 - 0023 accurate as of the Effective Date. The Parties executing this First Amendment on behalf of themselves, their assigns, and successors, hereby acknowledge and reaffirm their intention to be bound by the terms and conditions of the Agreement. Nothing in this Amendment shall be deemed to supersede or otherwise modify any other term or provision of the Agreement except as expressly stated herein. 3. Recitals; Capitalized Terms. The recitals set forth above are a part of this Amendment. Unless otherwise defined herein, capitalized terms used in this Amendment have the meanings assigned to them in the Agreement or as set forth in the Amendment. IN WITNESS WHEREOF, the Parties have caused their properly authorized representatives to execute this First Amendment on this 12th day of June 2024. CITY OF CLYDE HILL CITY OF MEDINA By: By: Steve Friedman, Mayor Stephen R. Burns, City Manager CITY OF CLYDE HILL CONTACT Dean Rohla, City Administrator 9605 NE 24th Street Clyde Hill, WA 98004 T: 425.453.7800 F: 425.462.1936 CITY OF MEDINA CONTACT Stephen R. Burns, City Manager 501 Evergreen Point Road, PO Box 144 Medina, WA 98039 T: 425.233.6400 F: 425.451.8197 ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED By: By: Dean Rohla, City Clerk Aimee Kellerman, CMC, City Clerk City of Clyde Hill City of Medina APPROVED AS TO FORM APPROVED AS TO FORM By: By: Tom Brubaker, City Attorney Jennifer S. Robertson, City Attorney City of Clyde Hill City of Medina DocuSign Envelope ID: AA9B6867-C087-4385-9094-C82E3D3603E1 First Amendment to Interlocal Agreement Page 3 of 3 10876795.1 - 371096 - 0023 TOWN OF HUNTS POINT TOWN OF YARROW POINT By: By: Joe Sabey, Mayor Katy Harris, Mayor TOWN OF HUNTS POINT CONTACT Sue Ann Spens, Clerk/Treasurer 3000 Hunts Point Road Hunts Point, WA 98004 (425)4 55-1834 TOWN OF YARROW POINT CONTACT Katy Harris. Mayor 4030 95th Ave NE Yarrow Point, WA 98004 (425) 786-6099 ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED By: By: Sue Ann Spens, Clerk/Treasurer Bonnie Ritter, City Clerk Town of Hunts Point Town of Yarrow Point APPROVED AS TO FORM APPROVED AS TO FORM By: By: David Linehan, Town Attorney Emily Romanenko, City Attorney DocuSign Envelope ID: AA9B6867-C087-4385-9094-C82E3D3603E1