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FIRST AMENDMENT <br />TO <br />LICENSE TO USE CITY PROPERTY <br /> <br /> This First Amendment to License to Use City Property is dated as of the date of the <br />last signature below. It is by and between the City of Everett, a municipal corporation <br />under the laws of the State of Washington (“City”), and Schnack Shack LLC (“Schnack <br />Shack”). <br /> <br />RECITALS <br /> <br />A. The City and Schnack Shack are parties to the License to Use City Property <br />dated on or about January 30, 2022 (the “License”). The License had an initial one-year <br />term from April 1, 2022, to March 30, 2023. <br /> <br />B. After April 1, 2023, the City and Schnack Shack performed under the <br />License, and Schnack Shack paid 10% of gross proceeds to use the concession area at Phil <br />Johnson ballfields. However, the City and Schnack Shack cannot locate the executed <br />amendment formally extending the License. Accordingly, one purpose of this First <br />Amendment is to confirm that the License has remained continuously in effect since April <br />1, 2023. <br /> <br /> C. The City and Schnack Shack also desire to further extend the License, so <br />that it expires on March 30, 2025. <br /> <br />AGREEMENT <br /> <br />The City and Schnack Shack agree as follows: <br /> <br />1. The parties agree that, regardless of dates of execution of this Amendment, the <br />License will be deemed, whether by reinstatement or by re-incorporation of its <br />entirety herein or otherwise, for all purposes to have not previously expired, but <br />instead to have remained continuously in effect since April 1, 2022. <br /> <br />2. The License is extended so that is expires on March 30, 2025. <br /> <br />3. Execution of this Amendment is by AdobeSign, which is fully binding. <br /> <br />4. All provisions in the License shall remain in effect except as expressly modified <br />by this First Amendment. <br />