Funtimes Ice Cream 12/26/2018 Amendment 1

CITY AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND FUNTIMES ICECREAM This Amendment No.1 is dated for reference purposes bit.. 24 2018. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington("City") and FUNTIMES ICECREAM("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated April 21, 2018 (the "Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of conducting concession operations open to the public for the City of Everett. AGREEMENT The City and Service Provider agree as follows: 1. The total amount owed to the City by Service Provider in section 3 of the Agreement shall be reduced by$50. 2. All terms, conditions and provisions of the Agreement remain in full force and effect except as expressly modified by this Amendment. This Amendment is effective upon the mutual execution by the parties of this Amendment. 3. 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 April 21, 2018,which is same as date in recital A. 4. 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. 5. All provisions in the Agreement shall remain in effect except as expressly modified by this Amendment.