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SECOND AMENDMENT <br />TO <br />LICENSE TO USE CITY PROPERTY <br /> <br /> This Second Amendment to License to Use City Property is dated as of the date of <br />the last signature below. It is by and between the City of Everett, a municipal corporation <br />under the laws of the State of Washington (“City”), and Schnack Shack LLC (“Schnack <br />Shack”). <br /> <br />RECITALS <br /> <br />A. The City and Schnack Shack are parties to the License to Use City Property <br />dated on or about March 30, 2022 (the “License”). The License had an initial one-year <br />term from April 1, 2022, to March 30, 2023, for Schnack Shack to provide concession <br />services at Phil Johnson Ballfields. <br /> <br />B. The City and Schnack Shack entered into a First Amendment that extended <br />the term of the License to 2025. <br /> <br /> C. The City and Schnack Shack also desire to further extend the License, so <br />that it expires on March 30, 2026. This is the final amendment to continue the License. <br />In order to continue the license arrangement after March 30, 2026, a new license will be <br />needed. <br /> <br />AGREEMENT <br /> <br />The City and Schnack Shack agree as follows: <br /> <br />1. The parties agree that, regardless of dates of execution of this Amendment, the <br />License will be deemed, whether by reinstatement or by re-incorporation of its <br />entirety herein or otherwise, for all purposes to have not previously expired, but <br />instead to have remained continuously in effect since April 1, 2022. <br /> <br />2. The License is extended so that is expires on March 30, 2026. <br /> <br />3. Execution of this Amendment is by AdobeSign, which is fully binding. <br /> <br />4. All provisions in the License shall remain in effect except as expressly modified <br />by this First Amendment. <br />