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08-097 Blue Pheasant Restaurant Lease ExtensionEXTENSION AND AMENDMENT OF LIEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HU~~GRY JACK'S RESTAURANT CORPORATION AND MIKE TSACHRES This Agreement between the City of Cupertino, a California municipal corporation (the "City"), and Hungry Jack's Restaurant Corporation, a California corporation, and Mike Tsachres (collectivE~ly "the Lessee") constitutes an extension and amendment of a certain Lease Agreement ("the Lease") executed between the City and the Lessee's predecessor in interest, The Blue Pheasant Restaurant, a California corporation ("Predecessor in Interest") on or about April 1, 2004 for the lease of the premises knowrn as "The Blue Pheasant Restaurant" (the "Property") and more particularly described as 22100 Stevens Creek Boulevard, City of Cupertino, County of Santa Clara, and State of California WITNE~~SETH: WHEREAS, on April 1, 2004 the City and Predecessor in Interest executed a lease for the Property; a copy of which is attached hereto; and WHEREAS, on or about April 7, 2C~04,Predecessor in Interest assigned, with the consent of the City, all right, title ~~nd interest in the Lease to Lessee; and WHEREAS, the present Lease terra expires March 29, 2009; and WHEREAS, Lessee, pursuant to Paragraph 3 of the Lease, has the option to extend the term of the Lease for a period of five (5) years beyond the expiration date of March 29, 2009, under the same terms and conditions as contained in the Lease executed on April 1, 2004 with the exception of the Base Rent Term described in Paragraph 4 of tP~e Lease; and WHEREAS, Lessee has, within thE~ time prescribed in the Lease, provided notice of Lessee's intent to exercise the option above-described; and WHEREAS, the City and Lessee have agreed to a new Base Rent to be charged. NOW THEREFORE, it is agreed between the City and the Lessee as follows: Effective April 1, 2009, the term of the Lease shall be extended from April 1, 2009 until March 31, 2013. 2. Effective April 1, 2009, Paragr~~ph 4(a) of the Lease shall be amended to read as follows:: 4. BASE RENT a) Lessee shall pay to the City a monthly base rent, without deduction or setoff, as follows: Commencing Date Monthly Ba~~e Rent Annual Rent April I , 2009 $68374 $ 100,488 April I, 2010 X68626 $103,512 April I , 20 I I X68885 $ 106,620 April I, 2012 X69152 $109,824 April I , 20 13 X69427 $ 113, 124 Lease Rent Total $533,568 3. All other terms and provisions of the Lease will remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Extension and Amendment to Lease Agreement on ~,~a~st a7 , 2008. THE CITY: Date: sy: AVID KNAPP, City anager ATTESTED BY: Date: ~~~ Kimberly Smith, i y Clerk ASSIGNEES: F~CJI~RY JACK'S RESTAURANT CORPORATION by MIKE TSACHRES, President Date: 4 ~ r MIKE TSACHRES, as an Individual Date: /4~ 9 ~ s { ~.?, ZooB Approved as to Form: Date: arles T. ilian, City Attor 2 CALIFORNIA ALL-PURPOSE ACKNOVIILEDGMENT State of California County of S Qrt~'a Clara... On f~ugdS't Z7, Z~8 before me, trn url,@. SrYlt~l'~, Notary i~~bl-c , Date Here Insert Name and Title of the Officer personally appeared M -ke. TS ach C ~ s Name(s) of Signer(s) IoM (MARE lg1AlIH~ COmnrllior- #t 1615409 Nolory Aibec - CaNbmia OaMv Clara CaxMy eirCana. ~ Nov 1, who i~roved to me on the basis of satisfactory evidence to be the person(,a7 whose name(,s') is/are subscribed to the within instrument and acknowledged to me that he/skw<tJ~ey executed the same in his/faerft~ieir authorized capa~~ity(ies), and that by his/he~eir signature(~'j on the instrument the person(, or the entity upon behalf of which the personJ~ acted, executed the instrument. I cer~:ify under PENALTY OF PERJURY under the laws of tht: State of California that the foregoing paragraph is true ,end correct. WITPJESS my hand and official seal. Place Notary Seal Above Sign~~ture ~~:~~ Signature of Notary Public OPT/ON~1 L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ex-{eris~~n anc~ lEv,nerzdvnerrt of trear.~ ,~9reewtertl be~}Wee-r~ Title or Type of Document: -N„ ~ r ~ ~ ~L~ ~ ~ ~ ~, ~ ~~~ ~ i ~ n ~.~ ~~~ Document Date: ana MikeT; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: ;3gner's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO.l3ox 2402 • Chatsworth, CA 9.1313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827