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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 struelegh): <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 <br />