Espresso Bello LLC 3/22/2021 - Laserfiche WebLink

Espresso Bello shall pay the $10,000 to the City Clerk in two installments, with the first$5000 installment due February 26, 2021, and the second $5,000 installment due March 31, 2021. The City's real property manager may in writing extend these due dates. Effective upon the City's receipt of the $10,000 and confirmation that the trade fixtures have been left in good working order, (i)the City hereby releases Espresso Bello from all City claims for monthly fees for the time period from April 1, 2020 to February 28, 2021 and (ii) Espresso Bello hereby releases the City from all claims arising from or relating to the Agreement. Any failure by Espresso Bello to pay such installments in full when due or any failure to leave the trade fixtures in working order shall be a default, in which case the City's claims for past due unpaid monthly fees are not released and the City may, in addition to its other remedies, seek payment for all such past due fees. 4. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. Espresso Bello shall retain ownership of all personal property identified in the attached Table 2, Exhibit A. Espresso Bello shall remove all such personal property no later than April 30,2021 or the date that Espresso Bellow vacates the Premises, whichever is earlier. 5. DEFAULT-TERMINATION. Section 9 of the Agreement is deleted and replaced with the following: Any failure on the part of Espresso Bello to observe or perform any material term or condition of this Agreement (or the Amendment) shall constitute a default. In the event of default and upon five (5) days written notice to Espresso Bello,the City may terminate this Agreement, seek payment of all past due fees, and accelerate any fees owing for the remainder of the term, less the reasonable rental value of the Premises, and hold Espresso Bello responsible for any shortfall. 6. NOTICES. Regardless of Section 10 of the Agreement and regardless of any other provision of the Agreement regarding notice,the parties agree that notices may be delivered by email as follows: Notice to City of Everett may be given to: dbyrd@everettwa.gov Notice to Espresso Bello may be given to: kellyclgonzales@hotmail.com Email delivery is effective for all purposes upon sending, and no subsequent confirmation is required. 7. FULL FORCE AND EFFECT.The parties agree that the Agreement remains in full force and effect without interruption, except as expressly modified by this Amendment. - 2 -