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HomeMy WebLinkAbout2008 - First Amendment Agreement - Starfire Sports - 20080815001318 I I, 20080815001318 CITY OF TUKWIL AG 93.00 Return Address: 08115/2008 O s ?12 KING COUNTY, WA CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 Document Title(s): FIRST AMENDMENT AGREEMENT NUMBER 03 -058 Parties: THE CITY OF TUKWILA Other: STARFIRE SPORTS A Not For Profit Washington Corporation (Christopher G. Slatt, Chairman President) Legal Description: SW I /4, Sec. 13, Twp 23N., Rge 4 E., W.M. Govt. Lots 1 2, Sec 23, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 5, Sec. 24, Twp 23 N., Rge 4 E., W.M. Tract 36, Second Supplement Map of Renton Shore Lands Blocks 4 -9 12 -17, Gundaker's Interurban Addn. Assessor's Property Tax Parcel /Account Numbers(s): 20030317001798 b� 40 FIRST AMENDMENT b �y Cd t^r✓C AGREEMENT NUMBER 03 -058 This First Amendment to Agreement "First Amendment amends that certain Agreement entered into effective the I' day of March, 2003, by and between the City of Tukwila, a Washington municipal corporation "City and Starfire Sports, a Washington nonprofit corporation "Starfire recorded under King County Recording Number 20030317001798 "Agreement The City and Starfire have determined that it is in their mutual interest to amend Sections 1.9, 4.8 and 5.3 of the Agreement. Accordingly, the City and Starfire agree as follows: 1. Amendment to Section 1.9. Section 1.9 of the Agreement is hereby amended to read as follows: The CITY will provide the parking shown in Exhibit B to support the PREMISES and its operation. However, if any additional parking is required to support the PREMISES and its operation, the CITY and STARFIRE agree to work together to solicit federal, state, or county finding to provision the additional parking. Tukwila residents with proof of residency by state issued identification will not be charged a fee to park during events at Starfire. 2. Amendment to Section 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: Starfire may sublease the softball fields to a not- for -profit organization to enhance and operate the Facilities' softball fields and make these fields available to City-based leagues and tournaments, as well as regional and national tournaments; in addition, Starfire may convert the softball fields into soccer fields and make these fields available to the youth and adults on teams from the City and surrounding areas or sublease the fields to a professional soccer club or organization. 3. Amendment to Section 5.3. Section 5.3.2 of the Agreement is hereby amended to read as follows: The CITY will be responsible to provide parking shown on exhibit `B" to support the PREMISES and its operations. 4. Indemnification. Starfire agrees to indemnify, defend and hold harmless the City, its elected officials, staff, officers, agents, and employees from any claims or actions, suits, loss, costs, expenses and damages of any nature whatsoever, including costs and attorneys fees in defense and costs on appeal thereof that arise out of the terms of the bargain and sale deed between King County and the City of Tukwila found at Exhibit D to this agreement that are related to major league soccer use of the facility. 5. No Other Modifications. Except as specifically modified by this First Amendment, the Agreement is unaltered and remains in full force and effect. Cl Dated this 7 day of March, 2008. STARFIRE SPORTS A not -for- ofit W n n corporation By: Christopher G. Slatt, Chairman and President CITY OF TUKWILA A Washington municipal corporation By: A40 HaguW Mayor APPO�ED S TO FORM: City Attorney ORIGINAL AGREEIV= RECORDING NUMBER: 20030317001798 AT ST: 0 Ci lerk [Forms of Notary] 0-