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. CITY <br /> LEASE AMENDMENT NO. 1 <br /> THIS FIRST AMENDMENT ("Amendment"), effective April 1, 2020, by and between the <br /> CITY OF EVERETT (the "City") and Coffee Time, LLC, dba Tabby's Coffee Company ("Tenant") <br /> concerns the lease between Tenant and the City dated April 3, 2019 (the "Lease"). <br /> RECITALS <br /> A. On February 29, 2020, Washington State Governor Jay Inslee proclaimed a public <br /> health emergency for COVID-19, beginning February 29, 2020. <br /> B. On March 4, 2020, the Mayor of the City of Everett declared that COVID-19 is a <br /> civil emergency requiring extraordinary measures to protect the public peace, safety and <br /> welfare. <br /> C. The Everett Public Main Library ("Library"), wherein the premises that are the <br /> subject of the Lease are located, has closed effective March 13, 2020. Tenant has paid Rent for <br /> the month of March 2020 in advance. <br /> D. Because no commercial use by the Tenant is possible for the duration of the <br /> Library closure and because of the emergency of COVID-19, the City's Real Property manager <br /> has determined that the rent abatement in this amendment is commercially reasonable and in <br /> the best interests of the City. <br /> E. Tenant has paid Rent for the month of March 2020 in advance. <br /> AGREEMENT <br /> Accordingly,the parties agree as follows: <br /> 1. Temporary Rent Abatement During Library Closure. No rent will be due <br /> beginning March 13, 2020 and continuing for the duration of the Library closure. <br /> The City will credit Tenant the rent already paid for on or after March 13, 2020 in <br /> accordance with Section 2 below. The City, in its sole discretion, shall review the <br /> need for continued rent abatement on a monthly basis after Library reopening. <br /> This review will be on the basis of what is commercially reasonable in light of all <br /> circumstances. <br /> 2. Rent Credit. In consideration of the mid-month closure of the Library, Tenant <br /> shall receive a credit for$383.86 to be applied to the first month's rent following <br /> the temporary rent abatement. This $383.86 is equal to the prepaid rent for <br /> remaining 17 days in March 2020 after the library closure. <br /> 3. Full Force and Effect. The parties agree that the Lease remains in full force and <br /> effect without interruption, except as expressly modified by this Amendment. <br /> As of the Effective Date, the parties know of no facts or circumstances that <br /> would constitute a default under the Lease. <br /> 1 <br />