2023/12/13 Council Agenda Packet

2 (i.e., Tenant will not install landscaping, barriers, or other impediments in such area). The sidewalk area is otherwise to be exclusively used by Tenant, its employees, agents and students except as otherwise permitted by the Lease. 5. Extension to Lease Term. Section 1.2 of the Lease is amended as follows (additions bold and underlined; deletions struck through): 1.2. Initial Term. The Initial Term will be for one hundred and twenty (120) full consecutive months (plus the partial month in which the Initial Term commences, if applicable), commencing commence on the Commencement Date (defined below) and end on the Termination Date (defined below). In addition, the first sentence of Section 1.5 of the Lease is amended as follows (additions bold and underlined; deletions struck through): The Lease commences on April 1, 2022 (the “Commencement Date”) and terminates at 11:59 p.m. on June 30August 31, 2032 (the “Termination Date”). 6. Everett Station Room Use. Tenant may, with at least 10 days prior notice to the Everett Transit Director’s designee or such shorter time as such designee may allow, use rooms at Everett Station at no charge on a non-reserved, as available basis for events directly related to the Tuition-Free Education and Services. This no charge use is limited to 8 hours per month use of the Weyerhaeuser Room, 16 hours per month of the Dan Snow Room, and 16 per month of the Mt. Baker Room, or such other limits that may be from time to time determined by the Everett Transit Director or designee. “Non-reserved, as available” basis means that, if a paying user desires to use the room at the time that Tenant wants to use the room and Landlord gives Tenant at least 5 day’s notice thereof, then Tenant must either relocate its event elsewhere as necessary to avoid the schedule conflict or, if acceptable to Landlord, avoid relocation by paying Evertt Station’s then current rates for the room. Regardless of whether Tenant uses rooms on a “non-reserved, as available” basis or otherwise, Tenant need not complete Everett Station’s room rental application(s), and all Tenant Everett Station room use will be deemed subject to Everett Station’s then-current standard room rental terms and conditions and this Lease. Tenant will schedule and coordinate all Tenant Everett Station room use with the Everett Transit Director’s designee. 7. Full Force and Effect; No Other Modifications. Except as expressly amended in this Amendment, the terms and conditions of the Lease Agreement remain in full force and effect without modification. From and after the Effective Date, all references to the “Lease” or “this Lease” in the Lease are deemed references to the Lease as modified by this Amendment. [Signature page follows]