2014/11/19 Council Agenda Packet

17 LEASE RENEWAL and AMENDMENT No.3 This Lease Renewal and Amendment No. 3 is dated as of this 19th day of November 2014, by and among NMV EVERETT,LLC hereinafter called"Landlord" and the City of Everett,a Washington State municipal corporation,hereinafter called"Tenant". RECITALS Whereas the Landlord,by that certain Lease Agreement dated the 15th day of December, 2008, as amended by Lease Renewal and Amendment No. 1,dated December 2,2010, and Lease Renewal and Amendment No. 2, dated September 24th, 2012, (the "Lease"), leased to Tenant, certain real property located in Everett, Washington which premises is described in Section 2 of said Lease; and Whereas the Landlord and Tenant hereby express their mutual desire to renew the Lease and to amend,by this writing,those terms, covenants and conditions contained herein and agree that all terms and conditions of the Lease not expressly amended by this writing shall continue in full force and effect throughout the renewal term; • NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,it is hereby agreed as follows: 1. Lease Renewal: As referenced under Section 3(c) of the Lease, Tenant hereby exercises its option(2nd option term)to extend the Lease for a period of two (2) years commencing on December 1st,2014, and expiring on November 30th, 2016. 2. Rent Amendment: As referenced under Section 1(c)and Section 3(c)of the Lease, Rent for this extended teiui(2nd option term) shall remain at the current rate of $10,350.00 per month. . 3. Full Force and Effect. The parties agree that the Lease remains in full force and effect without interruption,except as expressly modified by this Amendment, and as of the date of this Amendment,the parties know of no facts or circumstances that' would constitute a default under the Lease. This LEASE RENEWAL and AMENDMENT No. 3 is hereby approved and accepted by: Signatures of following page i of 3 112