2012/07/25 Council Agenda Packet

30 • AMENDMENT NO. 2 TO LICENSE TO USE CITY PROPERTY DOG DAY AFTERNOON • THIS AMENDMENT NO. 2 TO LICENSE TO USE CITY PROPERTY (the "Amendment") is made and entered by and between the City of Everett (the "City") and Dog Day Afternoon. • WHEREAS, as of January 1, 2011, the City and Dog Day Afternoon entered into a License to Use City Property (the "License") for the certain properties specified therein for • specified yearly payments; and WHEREAS,Dog Day Afternoon has experienced lower than expected revenue due to unexpectedly low participation in Little League and the City is agreeable to making payment concessions; and NOW THEREFORE,the City and Dog Day Afternoon do mutually agree as follows: 1. Section 5, as amended by Amendment No. 1, is hereby deleted in its entirety and replaced with the following: Section 5. FEE PAYMENTS. Dog Day Afternoon shall pay the City eight times each year for the duration of this License. Payments shall be made 'in March, April, May, June, July, August, September, and October of each year. Payments shall be made on or before the 10th day of each month in which payment is due. If any payment is not made on or before the 10th day • of the month in which it is due, Dog Day Afternoon shall pay the City an additional sum of $50.00 as a late payment fee. Payment amounts for each specified month shall be: Year Monthly Payment Amount Yearly Total 2011 $1,562.50 $12,500.00 2012 $1,640.62 May&June; $9,600.00 $1,579.69 July- Oct 2013 $1,722.65 $13,781.20 2014 $1,808.77 $14.470.16 2015 $1,899.21 $15,193.68 The Director of the Parks and Recreation Department may amend the yearly total and monthly fee payment amounts due under the remaining term of the Agreement by letter agreement. 2. This Amendment shall be retroactively effective as of the 1st day of March, 2012. • Page 1 of 2 288