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FIRST AMENDMENT TO LICENSE AGREEMENT TO USE CITY PROPERTY <br /> "This First Amendment to that License Agreement to Use City Property dated October 2, <br /> 2019 ( Agreement ) is made as of this d) day of mom, 2021, ("Amendment") between the <br /> City of Everett, a municipal corporation under the laws of the State of Washington, hereinafter <br /> referred to as the "City", and Espresso Bello, LLC., a Washington limited liability company whose <br /> address is: 13810 50th Avenue SE, Everett, WA 98208, ("Espresso Bello"). <br /> RECITALS <br /> A. Espresso Bello occupies the Premises under the Agreement on a month-to-month <br /> basis. <br /> B. The COVID-19 pandemic has had an impact on Espresso Bello's business. <br /> C. The City calculates that Espresso Bello owes the City$22,538.36 in past due unpaid <br /> monthly fees under the License. <br /> D. The City has provided notice to Espresso Bello of termination of the Agreement <br /> effective March 1, 2021. <br /> E. Parties have come to a mutual agreement to settle the amount due and allow <br /> reasonable time for wind down of business, all as set forth below. <br /> AGREEMENT <br /> Accordingly,the parties agree as follows: <br /> 1. END OF LICENSE TERM. The parties agree that the City's notice of termination referred <br /> to above in Recital D will have no force or effect, and the parties agree that the Agreement <br /> will not terminate on March 1, 2021. The license under the Agreement remains a month-to- <br /> month license. However, the license shall terminate on April 30, 2021 or the date that the <br /> Premises are vacated by Espresso Bello, whichever comes first. <br /> 2. MONTHLY FEE FOR MARCH AND APRIL 2021. Espresso Bello shall pay a monthly fee in <br /> the amount of Seven Hundred Fifty dollars($750.00)per month for March and April 2021. The <br /> monthly fee shall be due on or before the last business day of each month. If Espresso Bello <br /> completes vacating the Premises in March 2021,then no fee is due for April 2021. <br /> 3. SETTLEMENT. In settlement of the City's claims for past due unpaid monthly fees, <br /> Espresso Bello shall (A) pay the City ten thousand dollars ($10,000) and (B) leave in the <br /> Premises in good working order those trade fixtures identified in the attached Table 1, Exhibit <br /> A, which will become the City's property upon Espresso Bello's vacation of the Premises. <br /> - 1 - <br />