Village Theatre 7/10/2018 Amendment 1

CITY AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF EVERETT AND VILLAGE THEATRE This Amendment No. 1 is dated for reference purposes September 1, 2018. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City") and Village Theatre, Washington non-profit corporation ("Theatre"). RECITALS A. The City and Theatre are parties to the Agreement dated September 1, 2014 (the"Agreement"). B. The City and the Theatre desire to amend the Agreement for the purpose of extending services through August 31, 2019, and memorialize certain agreements regarding rental rates. AGREEMENT The City and Service Provider agree as follows: 1. The Agreement is modified to extend the term until August 31, 2019. 2. The Agreement is modified so that compensation paid to the Theatre under Section V.B of the Agreement will be equal to $306,300.00 for the twelve-month period from September 1, 2018 until August 31, 2019. 3. The parties acknowledge that, as set forth in Section V.C, income from rental of the facility is City income. During the term of the Agreement up to the date of this Amendment, the Theatre has, in accordance with the Agreement, paid rent to the City for Theatre use of the facility. Effective January 1, 2019, the parties agree that the rental rate that the Theatre will pay the City for facility use will be $900 per rehearsal weeks and$1,800 per performance weeks. 4. Regardless of the date(s) on which this Amendment is signed by the parties, the parties agree that the Agreement has been continuously in effect since September 1, 2014. 5. At the sole discretion of the City, the City may consent to the Service Provider's signature on this Amendment being by email, fax, pdf or other electronic means, in which case such Service Provider signature will be deemed an original signature for all purposes. The City will be deemed to have given such consent effective upon execution of this Amendment by the Mayor of the City.