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8 <br /> 1ST AMENDMENT TO <br /> EXCLUSIVE NEGOTIATING AGREEMENT <br /> BY AND BETWEEN THE CITY OF EVERETT <br /> AND OLIVERMcMILLAN, LLC <br /> This 1st Amendment to Exclusive Negotiating Agreement (this "Amendment") is <br /> hereby entered into as of January , 2006, by and between the City of Everett, a <br /> Washington municipal corporation ("City") and OliverMcMillan, LLC, a California limited <br /> liability company ("OM"), or its permitted assignee. <br /> Recitals <br /> The following recitals are a substantive part of this Amendment. <br /> A. CITY and OM entered into that certain Exclusive Negotiating Agreement (the <br /> "ENA") dated June 15, 2005. <br /> B. The ENA provides that the ENA Period ends on January 31, 2006, or such later <br /> date as CITY and OM may agree in writing. <br /> C. CITY and OM now wish to agree, in writing, to extend the ENA Period. <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> 1 . Section 1 of the ENA is hereby revised to provide that the ENA Period shall <br /> end on May 31, 2006. <br /> 2. Except as expressly modified herein, all terms and conditions of the ENA, <br /> including all attachments and exhibits, thereto, remain in full force and effect. <br /> IN WITNESS WHEREOF, the parties hereto have executed this 1st Amendment <br /> to Exclusive Negotiating Agreement as of the date first set forth above. <br /> SIGNATURES BEGIN ON THE FOLLOWING PAGE <br /> 2.a <br />