2016/05/25 Council Agenda Packet

I7 LEASE AMENDMENT No.2 This Lease Amendment No.2 is dated as of this / day of June 2016(the"Effective Date"),by and among City of Everett,a Washington State municipal corporation ("City"), Austin Java Inc.,a Washington Corporation,("Austin Java"). RECITALS The City, by that certain Lease Agreement dated the 5th day of April,2013, as amended by that certain Amendment No. 1 dated December 10, 2015 (the "Lease") leased to Austin Java,certain real property located in Everett, Washington which premises is described in Section 1 of said Lease; and Austin Java hereby expresses its desire to assign their lease interest to Innova Corp dba Espresso Americano as provided for under Section 14 of the Lease; and The City,Austin Java, and Innova Corporation dba Espresso Americano also express their mutual desire to add additional options to extend the Lease as provided for under Section 3.B as provided for herein. That portion of Section 3.B which reads: shall have the option to extend the term of this Lease for a maximum of two (2)additional three(3)year periods("Extended Term"). Is hereby replaced with: shall have the option to extend the term of this Lease for a maximum of four (4) additional three (3)year periods ("Extended Term"). Full Force and Effect. The parties agree that the Lease remains in full force and effect without interruption,except as expressly modified by this Amendment,and as of the date of this Amendment,the parties know of no facts or circumstances that would constitute a default under the Lease. This agreement may be executed in multiple counterparts,each of which shall,for all purposes,be deemed an original but which together shall constitute one and the same instrument,and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents. 1 of 4 124