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LICENSE TO USE CITY PROPERTY <br /> Grantor: City of Everett(hereinafter referred to "City") <br /> Grantee: DOG DAY AFTERNOON <br /> 1 <br /> Property: Those certain premises commonly known as Phil Johnson Ballfields, <br /> (hereinafter called"Premises" or the "property"), being situated at the following <br /> location in Everett, Washington legally described as: <br /> Phil Johnson Ballfields <br /> Building#107 <br /> 400 W. Sievers-Ducey Blvd <br /> Everett, WA 98204 <br /> Situated in the County of Snohomish, State of Washington. <br /> 1. AUTHORIZED USE. DOG DAY AFTERNOON shall use the Premises <br /> for conducting concession operations open to the public. <br /> 2. TERM. This License shall be effective on the date that the city gives notice <br /> to proceed. The City intends to provide Notice to Proceed at the start of Phase <br /> Four of the Governor's Stay Home Stay Healthy Order, which could be as early as <br /> August 1, 2020 and shall expire on July 31, 2022. Additionally, the parties may <br /> choose to extend the term of this Agreement by three (3)—one-year extension <br /> terms. If the parties so agree, each extension term will be formalized in an <br /> amendment to this Agreement. <br /> 3. FEE. DOG DAY AFTERNOON shall pay the City a monthly fee of 10% of <br /> the gross proceeds. Payments shall be made on or before the 15' of each month in <br /> which payment is due. A late fee penalty of$50 (fifty dollars)will be assessed for <br /> payments received after the 5th of each month. The license is subject to a leasehold <br /> tax. Leasehold tax is included in the fee. <br /> 4. AUTHORIZED USE. DOG DAY AFTERNOON may only use the <br /> property for the purpose of conducting concession operations. <br /> 1JPage <br />