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Amendment No. 1 to Lease Agreement <br />This Amendment No. 1 to Lease Agreement (“Amendment”) is entered into the last date executed <br />below between Day 1 Academies, dba Bezos Academy, a Delaware nonprofit nonstock corporation <br />(“Tenant”), and City of Everett, a Washington municipal corporation (“Landlord” or “Lessor”) <br />(collectively, “Parties”). <br />RECITALS <br />A. Landlord and Tenant are parties to a certain Lease Agreement entered into as of January 27, <br />2022 (the “Lease”). Capitalized terms used, but not defined, in this Amendment have the <br />meanings given in the Lease. <br />B. The outdoor portion of the Premises, which Tenant uses as a playground and outdoor play area, <br />is separated from the Building by a sidewalk. Tenant has experienced security concerns arising <br />from persons in the sidewalk area and the Parties have developed a plan to address these <br />concerns by enclosing a portion of the sidewalk with a fence, and adding such enclosed portion <br />to Tenant’s Premises. <br />C. The Parties now wish to amend the Lease to confirm their mutual understandings regarding the <br />adjustment of the Premises. <br />AMENDMENTS <br />Landlord and Tenant hereby incorporate the recitals and agree as follows: <br />1. Amendment of Premises. The first sentence of Section 1.1 of the Lease is amended as <br />follows (additions bold and underlined; deletions struck through): <br />Landlord leases to Tenant the “Premises”, which consist of an agreed area of <br />approximately (i) 3,820 rentable square feet in the Building and (ii) 2,844 2,000 <br />square feet of outdoor space, all as outlined on attached Exhibit A, located on the <br />land legally described on attached Exhibit B, and is commonly known as 3201 <br />Smith Ave, Everett, WA 98201, USA also known as ‘Everett Station’. <br />2. Amendment of Exhibit A. “Exhibit A” attached to the Lease consists of two pages, one <br />page showing the interior space (which is marked “Exhibit A-1 Interior Space”) and a page showing the <br />exterior space (which is marked “Exhibit A-Exterior”). Exhibit A-1 to this Amendment replaces Exhibit A <br />to the Lease in its entirety, with the intention of this replacement being: (i) adding the fenced-off area to the <br />outdoor portion of the Premises; and (ii) not changing the interior portion of the Premises in any way, but <br />providing a higher-definition depiction of the outline of the interior Premises for future reference. <br />3. Confirmation of Authorization to Construct Fence. Prior to execution of this <br />Amendment, Landlord authorized Tenant and its contractor to expand the existing fence surrounding the <br />playground area to enclose the sidewalk pursuant to the plans prepared by Bassetti Architects, Inc. and <br />dated April 27, 2023. Tenant has completed this work. <br />4. Reservation of Emergency Egress. Tenant acknowledges that Landlord requires the use <br />of the sidewalk area for emergency egress purposes. Landlord hereby reserves such sidewalk area for <br />emergency egress purposes on behalf of itself and its employees, licensees, the general public using Everett <br />Station, agents and guests. Tenant will not obstruct such area and will keep the area as a paved sidewalk