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DocuSign Envelope ID:70A9B35E-426E-45EC-9B30-37403A593754 <br /> AMENDMENT NO. 1 <br /> TO <br /> AGREEMENTS TO USE CITY PROPERTY <br /> BETWEEN THE CITY OF EVERETT <br /> AND CANTEEN VENDING SERVICES DIVISION <br /> This Amendment No. 1 is dated for reference purposes as March 31, 2021. It is by <br /> and between the City of Everett, a municipal corporation under the laws of the State of <br /> Washington ("City") and Compass Group USA, Inc. by and through its Canteen Vending <br /> Services Division ("Service Provider"). <br /> RECITALS <br /> A. The City and Service Provider are parties to two agreements that have the <br /> same name and date. The first is the Agreement to Use City Property dated June 22,2017, <br /> which concerns Everett Station vending machines (the"First Agreement"). The second is <br /> the Agreement to Use City Property dated June 22, 2017, which concerns the Animal <br /> Shelter and the Swim Center vending machines (the"Second Agreement"). <br /> B. Under each Agreement,the City has two one-year options to renew. During <br /> 2020,the City exercised its first option to renew both the First Agreement and the Second <br /> Agreement. Accordingly, both Agreements currently expire on March 31, 2021. <br /> C. The City has informed Service Provider that the City is exercising its second <br /> option to renew both the Agreements. However,the Second Agreement is being amended <br /> to provide services at the Animal Shelter and no other location. This means that, during <br /> the year from April 1, 2021 to March 31, 2022,the only services that the Service Provider <br /> will be providing the City are at Everett Station and the Animal Shelter. <br /> AGREEMENT <br /> The City and Service Provider agree as follows: <br /> 1. The City exercises its second option to renew as set forth in Section 3 of the First <br /> Agreement and the Second Agreement. Accordingly, the First Agreement and <br /> Second Agreement expire on March 31, 2022. <br /> 2. The Second Agreement is amended to delete services at the Forest Park Swim <br /> Center. The only services to be provided under the Second Agreement are at the <br /> Animal Shelter. <br /> 3. Regardless of the date(s) on which this Amendment is signed by the parties, the <br /> parties agree that the Agreements have been continuously in effect since April 1, <br /> 2017. <br /> 4. At the sole discretion of the City, the City may consent to the Service Provider's <br /> signature on this Amendment being by email, fax, pdf or other electronic means, in <br /> which case such Service Provider signature will be deemed an original signature for <br /> all purposes. The City will be deemed to have given such consent effective upon <br />