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AMENDMENT NO. 1 TO AGREEMENT BETWEEN <br /> THE CITY OF EVERETT <br /> AND <br /> STEADFAST EVERETT MALL III, LLC <br /> The City and Steadfast Everett Mall III, LLC("the Mall")agree to amend and modify their <br /> Agreement regarding police training on Mall property, which Agreement was signed by the <br /> Mayor on January 27, 2009, (the"Agreement") as follows: <br /> WHEREAS, the Mall and the City entered into the Agreement that defined the terms for the Mall <br /> to allow the Everett Police Department to conduct police/"active shooter" activities at Mall <br /> property located in the city of Everett;and <br /> WHEREAS,since the date of the Agreement the Everett Police Department has determined that <br /> conducting the training on the dates set forth in the Agreement would result in significant <br /> overtime costs for some of the officers involved in the training; and <br /> WHEREAS, the City and the Mall agree that it is in the best interests of both parties, for the <br /> "active shooter"training described in the Agreement and for potential other similar events in the <br /> future, to schedule training dates administratively, on dates as approved by the Mall, instead of <br /> setting specific training dates forth in a formal Agreement; <br /> NOW THEREFORE, the City of Everett and the Mall agree to amend and modify the previously <br /> amended Agreement as follows: <br /> 1. Paragraph 1 is modified to read as follows: <br /> Purpose. The purpose of this Agreement is to define the terms for the Mall allowing the <br /> Everett Police Department to conduct police/"active shooter"activities at the Everett <br /> Mall, located in the city of Everett at the street address of 1402 SE Everett Mall Way <br /> (hereinafter referred to as "the training location") on dates that are approved by the Mall <br /> (hereinafter referred to as "the training"). <br /> 2. Paragraph 2 is modified to read as follows: <br /> Term. The term of this Agreement shall commence as of the date of execution hereof <br /> and shall continue in full force and effect until February 28, 2010. <br /> 3. The effective date of this Amendment is February , 2009. <br /> Amendment No.Ito Agreement between <br /> The City of Everett and Everett Mall Page 1 of 2 <br /> 14 <br />