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3 FIRST AMENDMENT TO LEASE <br /> This FIRST AMENDMENT TO LEASE is made this day of November, 2009, by <br /> and between THE LUTHERAN BIBLE INSTITUTE OF SEATTLE, a Washington nonprofit <br /> corporation d/b/a TRINITY LUTHERAN COLLEGE ("Landlord"), and The CITY OF EVERETT, <br /> a municipal corporation of Washington State ("Tenant"). <br /> RECITALS <br /> A. Landlord (as successor to PORT GARDNER PARTNERS, L.P.) and Tenant are <br /> parties to that certain Lease Agreement dated November 29, 2006, (the "Lease"), pursuant to <br /> which Tenant leased certain space from Landlord in the building located at 2802 Wetmore <br /> Avenue in Everett,Washington. <br /> B. The parties now wish to amend the Lease to extend the term and address other <br /> matters, subject to and in accordance with the following terms and conditions. <br /> AGREEMENTS <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br /> contained, and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby mutually acknowledged, the parties hereto agree as follows: <br /> 1. Term. Notwithstanding the generality of the Lease, the Term shall terminate on <br /> November 30, 2010. <br /> 2. Rent. Notwithstanding the generality of the Lease, rent during the Lease term <br /> shall be $3,996.00 per month due and payable, in advance, on the 1st day of each month <br /> commencing December 1, 2009. <br /> 3. USA Patriot Act Disclosures. Pursuant to United States Presidential Executive <br /> Order 13224 ("Executive Order") and related regulations of the Office of Foreign Assets Control <br /> ("OFAC') of the U.S. Department of the Treasury, U.S. persons and entities are prohibited from <br /> transacting business with persons or entities who, from time to time are determined to have <br /> committed, or to pose a risk of committing or supporting, terrorist acts, narcotics trafficking, <br /> money laundering and related crimes. Those persons and entities are identified on a list of <br /> Specially Designated Nationals and Blocked Persons (the"List"), published and regulated by <br /> OFAC. The names, including aliases, of these persons or entities ("Blocked Persons") are <br /> updated frequently. In addition, OFAC enforces other Executive Orders which, from time to <br /> time, impose restrictions on transactions with, or involving certain countries. Tenant hereby <br /> certifies and represents that neither it, nor any of its owners, members of its governing body, <br /> management, employees or agents is on the List or is acting for, or on behalf of any person or <br /> entity on the List. Tenant further acknowledges its obligation to remain in compliance with <br /> existing and future regulations promulgated by OFAC throughout the term of the Lease. <br /> 4. Broker's Commission. Tenant represents and warrants to Landlord that it has <br /> had no dealing with any broker or agent in connection with this Amendment and Tenant shall <br /> indemnify, defend and hold Landlord harmless from and against any and all liabilities for any <br /> commissions or other compensation or charges claimed by Tenant's any broker or agent based <br /> 1 <br /> 8 <br />