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CITY <br /> DocuSign Envelope ID:FF5B034B-AD2B-4EF1-8F46-95195A97CE58 <br /> LICENSE AGREEMENT TO USE CITY PROPERTY <br /> This License Agreement to Use City Property ("Agreement") is made this 2nd day of <br /> October, 2019, between the City of Everett, a municipal corporation under the laws of the State <br /> of Washington, hereinafter referred to as the "City", and Espresso Bello, LLC., a Washington <br /> limited liability company whose address is: 13810 50th Avenue SE, Everett,WA 98208, ("Espresso <br /> Bello"), <br /> NOW,THEREFORE, in consideration of the premises,the promises contained herein,and other <br /> good and valuable consideration, the receipt and sufficiency of which is hereby expressly <br /> acknowledged, the City licenses Espresso Bello to use certain City property upon the terms <br /> and conditions described herein: <br /> 1. LICENSED PREMISES. The property subject to this License is located at Everett Station, <br /> 3201 Smith Avenue, Everett, WA and is further described in Exhibit A("Premises"). <br /> 2. TERM. The initial term of this License shall commence on October 3, 2019 and shall <br /> continue thereafter on a month to month basis until such time that the City has selected a <br /> Vendor through a formal Request for Proposal process. Except as otherwise provided in this <br /> License, either party may terminate this agreement without cause upon thirty (30) days <br /> written notification. <br /> 3. AUTHORIZED USE. Espresso Bello may use and occupy said Premises for the purpose of <br /> coffee/espresso brewing and sales and sales of food products that are prepared either on or <br /> off site. Espresso Bello agrees that during its use of the Premises and occupancy thereof, it <br /> shall comply with the laws, rules and regulations of the governments of the United States, <br /> State of Washington, Snohomish County, and City of Everett. Espresso Bello agrees to <br /> maintain the Premises in good condition and repair throughout its occupancy. Upon <br /> termination of this Agreement, Espresso Bello shall quit and surrender the Premises in as good <br /> a state and condition as reasonable use and wear and tear thereof permit. Any damage caused <br /> by Espresso Bello or its employees, agents, customers or invitees shall be restored by Espresso <br /> Bello to as good a state and condition as existed before such damage occurred. Espresso Bello <br /> may not make any material alterations to the Premises without the City's prior written <br /> consent. <br /> 4. MONTHLY FEE. Espresso Bello shall pay a monthly fee in the amount of the greater of <br /> One Thousand Eight Hundred Forty Three Dollars and 92/100 cents ($1,843.92)or 9%of Gross <br /> Revenues. The minimum monthly fee of$1,843.92 shall be paid in advance of each month, on <br /> or before the last business day of the preceding month (e.g. December 2019 rent is due the <br /> last business day of November 2019). Gross receipts from the previous month are due on or <br /> before the 5th of the current month. Any difference between the base rent and 9% of gross <br /> receipts in favor of the City shall be due on or before the 15th of the month. <br /> - 1 - <br />