14-023 Lease Agreement with Jee Sung Lee, Coffee SocietyFebruary 18, 2014
Re: Lease Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupeitino.org
A fully executed copy of the lease agreement with the City of Cupertino is enclosed. If.
you have any questions or need additional information, please contact the City
Manager's Office at (408) 777 -3212.
Sincerely,
Andrea Sanders
Senior, Office Assistant
Enclosure
cc: City Manager's Office
LEASE AGREEMENT
Jee Sung Lee (Coffee Society)
This Lease Agreement ( "Lease ") is entered into as of the 1st day of March 1, 2014, by and
between the City of Cupertino, a municipal corporation, 10300 Torre Avenue, Cupertino, CA
95014 ( "Landlord "), and Jee Sung Lee, ").
WHEREAS, Landlord is the owner of certain real property commonly described as being located
at 10800 Torre Avenue in the City of Cupertino, County of Santa Clara, California and more
particularly described in Exhibit "A" attached he:reto ( "Landlord's Property "); and
WHEREAS, Landlord operates on Landlord's Property a public library, and desires to have
Tenant operate a cafe on the Property; and
WHEREAS, Tenant desires to lease from Landlord the cafe portion of Landlord's Property (the
"Leased Premises ") to operate an independently owned cafe business.
NOW THEREFORE, in consideration of the promises and covenants contained herein and for
other good and valuable consideration, the partiF's hereby agree as follows:
1. LEASE OF PREMISES.
Landlord leases to Tenant and Tenant leases from Landlord the Leased Premises consisting of
approximately 500 square feet of interior space within the public library along with the non-
exclusive right to use exterior public plaza space and more particularly depicted in Exhibit B,
attached hereto, together with the nonexclusive right to use the common areas and parking areas
of Landlord's Property.
2. TERM AND OPTION.
2.1 Initial Term.
The term of this Lease shall be for the period commencing on March 1, 2014 ( "Commencement
Date ") and ending February 28, 2019.
3. RENT.
3.1 Base Rent.
Tenant agrees to pay Landlord as rent for the Premises commencing upon the Commencement
Date the sums shown below in lawful money of the United States payable on or before the first
day of each calendar month to the Landlord at the address shown in Section 21.
a. From March 1, 2014 through February 'Z8, 2015, the monthly sum of $1,625.00
b. From March 1, 2015 through February 29, 2016, the monthly sum of $1,675.00
c. From March 1, 2016 through February 28, 2017, the monthly sum of $1,725.00
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March 1, 2014 — February 28, 2019
d. From March 1, 2017 through February 28, 2018, the monthly sum of $1,775.0,0
e. From March 1, 2018 through February 28, 2019, the monthly sum of $1,825.00
3.2 Late Charges.
Any installment of rent or any other sum due by Tenant and not received by Landlord within ten
(10) days after such amount shall be due, without any requirement for notice to Tenant, shall be
subject to a late charge equal to five percent (5 %) of such overdue amount.
4. TAXES.
4.1 Real Estate Taxes.
For the term of this Lease, Landlord shall pay all real estate taxes and assessments levied upon
Landlord's Property, if any.
4.2. Personal Property Taxes.
During the term hereof, Tenant shall pay, prior to delinquency, all taxes assessed against and
levied upon fixtures, furnishings, equipment and all other personal property of Tenant contained
in the Leased Premises, and when possible Tenant shall cause said fixtures, furnishings,
equipment and other personal property to be assessed and billed separately from the real
property of Landlord. In the event any or all of the Tenant's fixtures, furnishings, equipment and
other personal property shall be assessed and taxed with Landlord's real property, the Tenant
shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by
Landlord of a statement in writing setting forth the amount of the taxes applicable to the Tenant's
property.
5. USE.
5.1 Tenant's Use.
Tenant shall use the Premises to operate a cafe which intends to serve beverages, coffee, tea,
pastry, light lunch, dessert, and snack type items to the general public including City of
Cupertino employees. Tenant shall not use the Leased Premises for any other purpose without
the written consent of Landlord, which consent may be withheld in Landlord's sole and absolute
discretion. Tenant, at Tenant's sole cost and expense, shall comply with all applicable municipal,
state and federal statutes, ordinances, rules and regulations in effect during the term of this Lease
regulating the use by Tenant of the Premises.
5.2. Uses Prohibited.
Tenant shall not use nor permit the use of the Leased Premises in any manner that will tend to
create waste or nuisance or unreasonably disfiarb other tenants and operators on Landlord's
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March 1, 2014 — February 28, 2019
Property. No use shall be made or permitted to be made of said Premises, nor acts done, which
will increase the existing rate of insurance upon the building in which said Premises may be
located once said rate is established or cause a cancellation of any insurance policy covering said
building or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about
said Premises, any article which may be prohibited by a standard form of fire insurance policies.
Tenant shall, at its sole cost, comply with any and all requirements; pertaining to the use of said
Premises, of any insurance organization or company necessary for the maintenance of reasonable
fire and public liability insurance, covering said building and appurtenances.
6. ALTERATIONS AND FIXTURES.
6.1 Tenant's Rights.
Tenant shall not make any alterations of the Leased Premises, or any part thereof, without the
prior written consent of Landlord. Tenant shall repaint the interior walls of the Premises at
Tenant's expense provided that Landlord has approved the paint color selections. Any additions
to, or alterations of, said Premises, except movable furniture and trade fixtures, shall become at
once a part of the realty and belong to Landlord. Any such alterations shall be in conformance
with the requirements of all municipal, state and federal authorities. All fixtures, excluding trade
fixtures, that are attached to the Premises shall become at once a part of the realty and belong to
Landlord on expiration or sooner termination of this Lease.
6.2 Landlord's Rights.
Landlord has the right, in its sole discretion to modify, reconfigure and renovate the public
library of which the Leased Premises are part; provided, however, that if the exercise of such
right interferes with Tenant's quite enjoyment of use of the Leased Premises, Tenant may be
relieved from the remaining term of the lease, but is not entitled to any other recourse or remedy
resulting from Landlord's decision to exercise this right.
7. MAINTENANCE, REPAIRS AND ALTERATIONS.
7.1 Landlord's Obligations.
Except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's
agents, employees, or invitees in which event Tenant shall repair the damage, Landlord, at
Landlord's expense, shall keep in good order, condition and repair the foundations, exterior
walls and the exterior roof of the Premises. Landlord shall have no obligation to make repairs
under this Section 7.1 until a reasonable time after receipt of written notice of the need for such
repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which
would otherwise afford Tenant the right to make repairs at Landlord's expense because of
Landlord's failure to keep the Premises in good order, condition and repair. Landlord, at
Landlord's expense, shall keep in good order, condition and repair the Premises and every part
thereof (whether or not the damaged portion of the Premises or the means of repairing the same
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March 1, 2014 — February 28, 2019
are reasonably or readily accessible to Tenant) including, without limiting the generality of the
foregoing, all plumbing, electrical and lighting facilities and equipment within the Premises,
excluding trade fixtures, interior walls and interior surface of exterior walls, ceilings, windows,
doors, and glass, located within the Premises. If a regulatory agency finds that there are
alterations required to make the premises compliant with the Americans with Disabilities Act,
Landlord shall, at Landlord's expense, make the necessary alterations to the premises.
7.2 Tenant's Obligations.
(a) Tenant agrees that it will manage its operation at the highest standards of
cleanliness in order to deliver an image that will appropriately blend with Premises. Tenant shall
be obligated for the day -to -day maintenance and cleaning of the interior and exterior surface of
windows and plate glass. Tenant agrees that it will only employ people who create a clean, well -
groomed, friendly, and positive image of its business. Tenant further agrees that it will require
its employees to wear a standard logo top and similar matching pants in order to present a
uniform staff appearance.
(b) If Tenant fails to perform Tenant's obligations under this Section or under any
other section of this Lease, Landlord may at Landlord's option enter upon the Premises after ten
(10) days' prior written notice to Tenant (except in case of emergency, in which case no notice
shall be required), perform such obligations on Tenant's behalf and put the Premises in good
order, condition and repair, and the cost thereof together with interest thereon at the maximum
rate then allowable by law shall be due and payable as additional rent to Landlord together with
Tenant's next rental installment.
(c) On the last day of the term hereof, or on any sooner termination, Tenant shall
surrender the Premises to Landlord in good condition, ordinary wear and tear excepted, clean
and free of debris including the removal of Tenant's trade fixtures. Tenant shall repair any
damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings
and equipment.
8. INSURANCE.
Landlord shall either self- insure or maintain fire and extended coverage insurance throughout
the term of this Lease in an amount equal to at least ninety (90 %) percent of the value of the
building which includes the Premises, together with such other insurance, including not limited
to, loss of rents, flood insurance, all liability insurance, plate glass insurance, and such other
insurance as Landlord deems necessary or that may be required by any governmental agency.
Tenant hereby waives any right of recovery from Landlord, its officers and employees, and
Landlord hereby waives any right of recovery from Tenant, its officers or employees, for any loss
or damage (including consequential loss) resulting from any of the perils insured against in the
standard form fire insurance policy with extended coverage endorsement.
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March 1, 2014 — February 28, 2019
9. INDEMNIFICATION OF LANDLORD •• LIABILITY INSURANCE BY TENANT.
9.1 Indemnification.
Tenant, as a material part of the consideration to be rendered to Landlord under this Lease,
hereby waives all claims against Landlord for damage to goods, wares and merchandise, in, upon
or about said Premises and for injuries to persons in or about said Premises, from any cause
resulting from Tenant's use and occupation on the Premise arising at any time; and Tenant will
indemnify and hold Landlord and the property of Landlord exempt and harmless from any and
all claims, liabilities, loss, expenses, damage or injury resulting from Tenant's use and occupation
of the Premises, including, but not limited to, any claim, liability, loss, or damage arising by
reason of death or injury of any person, the damage to or destruction of any property of any
person, and any work performed on said Premises or materials furnished to said Premises at the
instance or request of Tenant or its agents or employees.
9.2 Tenant's Insurance.
During the entire term of this Lease, the Tenant shall, at the Tenant's sole cost and expense, but
for the mutual benefit of Landlord and Tenant, maintain general public liability and property
damage insurance including contractual liability insurance against claims for personal injury,
death, or property damage occurring in, upon or about the Premises and on any sidewalks
directly adjacent to the Premises. The limitation of liability of such insurance shall be not less
than One Million dollars ($1,000,000.00) in respect to any one occurrence, and to the limit of not
less that One Million Dollars ($1,000,000.00) in respect to Property Damage. Landlord is to be
named additional insured. All such policies of insurance shall be issued in the name of Tenant
and Landlord and for the mutual and joint benefit and protection of the parties, and such policies
of insurance shall include a provision requiring that the insurer give Landlord at least ten (10)
days written notice before any cancellation, decrease in coverage or other material change is
effective. Copies of the policy or a Certificate of Insurance thereof shall be delivered to the
Landlord within fifteen (15) days after the Commencement Date stated. If Tenant fails to deliver
adequate proof that it has obtained and kept in force and effect the insurance required by this
Section, Landlord shall have the right, at its option and after notice to Tenant, to effect such
insurance and charge the cost of the premiums to Tenant's account.
10. ABANDONMENT OF PERSONAL PROPERTY.
Tenant shall not vacate or abandon the Premises at any time during the term of this Lease; and if
Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or
otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed
to be abandoned, at the option of Landlord, except such property as may be mortgaged to
Landlord.
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March 1, 2014 — February 28, 2019
11. UTILITIES.
Tenant shall pay for telephone service, janitorial service including interior and exterior window
washing and all other services used in, upon, or about the Premises by Tenant with the exception
of water, sewer, trash removal from receptacles and electricity which Landlord shall pay.
12. ENTRY AND INSPECTION.
Tenant shall permit Landlord and his agents to enter into and upon the Premises at all reasonable
times after notice, except in case of an emergency, for the purpose of inspecting the same or for
the purpose of maintaining the building in which said Premises are situated, or for the purpose of
making repairs, alterations or additions to any other portion of said building, including the
erection and maintenance of such scaffolding, citnopy, fences and props as may be required, or
for the purpose of posting notices of non- liability for alterations, additions or repairs. Landlord
shall be permitted to do any of the above without any rebate of rent and without any liability to
Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Tenant
shall permit Landlord, at any time within ninety (90) days prior to the expiration of this Lease, to
place upon said Premises any usual or ordinary "For Lease" signs and during such ninety (90)
day period Landlord or his agents may, during normal business hours, enter upon said Premises
and exhibit same to prospective tenants.
13. DAMAGE AND DESTRUCTION OF PREMISES.
In the event of (a) partial destruction of said Premises or the building containing same during the
term of this Lease or any extensions thereof, which requires repairs to either said Premises or said
building, or (b) said Premises or said building being declared unsafe or unfit for occupancy by
any authorized public authority for any reason other than Tenant's act, use or occupation, which
declaration requires repairs to either said Premises or said building, Landlord shall forthwith
make said repairs provided Tenant gives to Landlord thirty (30) days written notice of the
necessity therefore. No such partial destruction (including any destruction necessary in order to
make repairs required by any declaration made by any public authority) shall in any way annul
or void this Lease except that Tenant shall be entitled to a proportionate reduction of minimum
guaranteed rent while such repairs are being made, such proportionate reduction to be based
upon the extent to which the making of such repairs shall interfere with the business carried on
by Tenant in said Premises. However, if during the last one year of the term of this Lease the
building is damaged as a result of fire or any other insured casualty to an foundation), Landlord
may, within thirty (30) days following the date such damage occurs, terminate this Lease by
written notice to Tenant. If Landlord, however, elects to make said repairs, and provided
Landlord uses due diligence in making said repairs, this Lease shall continue in full force and
effect and the minimum guaranteed rent shall be proportionately reduced as provided above. If
Landlord elects to terminate this Lease all rents :;hall be prorated between Landlord and Tenant
as of the date of such destruction. The foregoing to the contrary notwithstanding, if the building
is damaged or destroyed at any time during the term hereof to an extent of more than twenty -five
(25 %) percent of its then replacement cost (excbuding foundation) as a result of a casualty not
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March 1, 2014 — February 28, 2019
insured against, Landlord may within thirty (30) days following the date of such destruction
terminate this Lease upon written notice to Tenant. If Landlord does not elect to so terminate
because of said uninsured casualty, Landlord shall promptly rebuild and repair said Premises
and Tenant's rental obligation shall be proportionately reduced as provided above. In respect to
any partial destruction (including any destruction necessary in order to make repairs required by
any authorized public authority) which Landlord is obligated to repair and may elect to repair
under the terms of this Article, Tenant waives any statutory right it may have to cancel this Lease
as a result of such destruction.
14. SALE OF BUSINESS, ASSIGNMENT AND SUBLETTING.
Tenant shall not be permitted for any reason to assign or sublet the Lease during the first twenty -
four (24) months of this Lease, except as provided below. During the last twelve (12) months of
this lease, Tenant shall not, without Landlord's prior written consent, which consent may be
withheld in Landlord's sole and absolute discretion, sublet the Premises or any part thereof or
assign the Lease.
Notwithstanding the foregoing, Tenant is permitted to sell the "Coffee Society" provided the
purchaser provides the same name, type and level of service as currently offered. In the event of
a sale of the business and an Assignment is executed that is acceptable to the City, Tenant will be
released from all liability under this Lease.
15. EMINENT DOMAIN.
If all or any part of the Premises is taken for public or quasi - public use by a governmental
authority under the power of eminent domain or is conveyed to a governmental authority in lieu
of such taking, and if the taking or conveyance causes the remaining part of the Premises to be
untenantable and inadequate for use by Tenant for the purpose for which they were leased, then
Tenant, at its option and by giving notice within fifteen (15) days after the taking, may terminate
this Lease as of the date Tenant is required to surrender possession of the Premises. If a part of
the Premises is taken or conveyed but the remaining part is tenantable and adequate for Tenant's
use, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant
surrenders possession; Landlord shall make such repairs, alterations and improvements as may
be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in
proportion to the part of the Premises taken or conveyed. All compensation awarded for the
taking or conveyance shall be the property of Landlord without any deduction therefrom for any
estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to
the award. Tenant shall have the right, however, to recover from the governmental authority,
but not from Landlord, such compensation as may be awarded to Tenant on account of the
interruption of Tenant's business, moving and relocation expenses and removal of Tenant's trade
fixtures and personal property.
16. DEFAULT.
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March 1, 2014 — February 28, 2019
If Tenant fails to make any payment required by the provisions of this Lease, after ten (10) days
of the due date, or fails within fifteen (15) days after written notice thereof to correct any breach
or default of the other covenants; terms or conditions of this Lease, or if Tenant breaches this
Lease and abandons the property before the end, of the term, such acts shall constitute a default
under this Lease and Landlord shall have the right at any time thereafter to elect to terminate
said Lease and Tenant's right to possession thereunder. Upon such termination, Landlord shall
have the right to recover against Tenant:
(a) The worth at the time of award of the unpaid rent; which had been earned at the
time of termination;
(b) The worth at the time of award of the amount by which the unpaid rent which
would have been earned after termination until the time of award exceeds the amount of such
rental loss that the Tenant proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount of such rental loss that the Tenant
proves could be reasonably avoided; and
(d) Any other amount necessary to compensate the Landlord for all the detriment
proximately caused by Tenant's failure to perform its obligations under the Lease or which in the
ordinary course of things would be likely to result therefore.
The "worth at the time of award" of the amounts referred to in subsections a. and b. above shall
be computed by allowing interest at ten (10 0%) percent per annum or the maximum rate
permitted by law. The worth at the time of aware of the amount referred to in subsection c. shall
be computed by discounting the amount at the dliscount rate of the Federal Reserve Bank of San
Francisco at the time of award plus one (1 %) percent.
Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this
Lease do not constitute a waiver of Landlord's right to recover damages against Tenant
hereunder, nor shall anything contained herein affect Landlord's right to indemnification against
Tenant for any liability arising prior to termination of this Lease for personal injuries or property
damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such
injuries and damages, including all attorney's fees and costs incurred by Landlord in defending
any action brought against Landlord for any recovery thereof, and in enforcing the terms and
provisions of this indemnification provision against Tenant.
If Landlord elects to terminate this Lease and gives Tenant notice of such termination, upon the
giving of such notice, the term of this Lease and the estate hereby granted shall expire and
terminate on the effective date of the notice as fully and completely and with the same effect as if
such date were the date herein fixed for the expiration of the term of this Lease and all rights of
Tenant shall hereunder expire and terminate, but Tenant shall remain liable as here before
provided.
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March 1, 2014 — February 28, 2019
In the event Tenant abandons the Premises, this Lease shall terminate if the Landlord gives
written notice of his belief of abandonment pursuant to Civil Code Sections 1951.2 and 1951.3.
Notwithstanding any of the following, the breach of this Lease by Tenant, or an abandonment of
the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of
possession hereunder, unless and until Landlord elects to do so, and until such time Landlord
shall have the right to enforce all of its rights and remedies under this Lease, including the right
to recover rent, and all other payments to be made by Tenant hereunder, as it becomes due;
provided, however, that until such time as Landlord elects to terminate this Lease, and Tenant's
right of possession hereunder, to collect said rents, issues and profits as the become due and
payable. Upon any such breach or default, Landlord shall have the right at any time thereafter,
without notice except as provided for above, either in person, by agent or by a receiver to be
appointed by a court, to enter and take possession of said Premises and collect such rents, issues
and profits, including those past due and unpaid, and apply the same less costs and expenses of
operation and collection, including reasonable attorney's fees, upon any indebtedness secured
hereby, and in such order as Landlord may determine.
The parties hereto agree that acts of maintenance or preservation or efforts to re -lease the
Premises, or the appointment of a receiver upon the initiative of the Landlord to protect its
interests under this Lease shall not constitute a termination of Tenant's right of possession for the
purposes of this Article unless accompanied by a written notice from Landlord to Tenant of
Landlord's election to so terminate. Nothing contained in this Article shall in any way diminish
or be construed as waiving any of the Landlord's other remedies as provided elsewhere in this
Lease or by law or in equity.
17. ATTORNEY'S FEES.
If Landlord is involuntarily made a party defendant to any litigation concerning this Lease or the
Premises by reason of any act or omission of Tenant, then, Tenant shall hold harmless Landlord
from all liabilities by reason thereof, including reasonable attorneys' fees and all costs incurred by
Landlord in such litigation.
Landlord shall be entitled to recover all collection costs including reasonable attorney's fees
incurred by it as a result of Tenant's default as herein provided. If either Landlord or Tenant
shall commence any legal proceedings against the other with respect to any of the terms and
conditions of this Lease, the non - prevailing party therein shall pay to the other all expenses of
said litigation, including a reasonable attorneys' fees as may be fixed by the court having
jurisdiction for litigation of any matters relating to this Lease and service mailed to the address of
tenants set forth herein shall be adequate service for such litigation.
18. SECURITY DEPOSIT.
Tenant has deposited with Landlord the sum of Five Thousand Dollars ($5,000,00), receipt of
which is hereby acknowledged by Landlord, said deposit being given to secure the faithful
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March 1, 2014 — February 28, 2019
performance by the Tenant of all of the terms, covenants, and conditions of this Lease by the
Tenant to be kept and performed during the term hereof. Tenant agrees that if the Tenant shall
fail to pay the rent herein reserved promptly when due, said deposit may, at the option of the
Landlord (but Landlord shall not be required to) be applied to any rent due and unpaid, and if
the Tenant violates any of the other terms, covenants, and conditions of this Lease, said deposit
shall be applied to any damages suffered by Landlord as a result of Tenant's default to the extent
of the amount of the damages suffered. Landlord shall not be required to keep such deposit
separate from its general accounts.
Nothing contained in this Article shall in any way diminish or be construed as waiving any of the
Landlord's other remedies as provided herein, or by law or in equity. Should the entire security
deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of
overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall,
on the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore said security deposit to its original amount, and Tenant's failure to do so within fifteen
(15) days after receipt of such demand, shall constitute a breach of this Lease. Should Tenant
comply with all of the terms, covenants, and conditions of this Lease and promptly pay all of the
rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord
hereunder, said security deposit shall be returned in full to Tenant at the end of the term of this
Lease, or upon the earlier termination of this Lease, except in the event the Premises are sold as a
result of the exercise of any power of sale under any mortgage or deed of trust, in which event
this Lease shall be automatically amended to delete any reference to this Section, and Tenant
shall be entitled to immediate reimbursement of its security deposit from the party then holding
said deposit. This Lease does not create a trust relationship between Landlord and Tenant with
respect to such security deposit, and Landlord shall be entitled to treat such security deposit as
Landlord's own property.
19. HOLDING OVER.
Any holding over after the expiration of the term of this Lease, with the consent of Landlord,
shall be construed to be a tenancy from month to month, cancelable upon thirty (30) days written
notice, and upon terms and conditions as existed during the last year of the term hereof except
that the rent .payable shall be one hundred and fifty percent (150 %) of the rent payable
immediately preceding the termination date of this Lease.
20. BINDING EFFECT.
The provisions of this Lease shall, subject to Section 14 on assignment, apply to and bind the
heirs, successors, executors, administrators and assigns of all the parties hereto.
21. NOTICE.
All notices must be in writing and shall be delivered by hand, by nationally recognized overnight
express delivery service or by U.S. registered or certified mail, to the addresses set forth below:
Coffee Society Lease
March 1, 2014 — February 28, 2019
TENANT: Jee Sung Lee
Coffee Society
10800 Torre Avenue
Cupertino, CA 95014 -3255
Phone: (650) 906 -6039
LANDLORD: David Brandt
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 950-14 -3255
Phone: (408) 777 -3202
2 -2. PARTIAL INVALIDITY.
If any term, covenant, condition or provision of this Lease is held by a court of competent
jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain
in full force and effect and shall in no way be affected, impaired or invalidated thereof.
23. ENTIRE AGREEMENT.
This Lease sets forth the entire agreement between the parties. No amendment or modification of
this Lease shall be binding or valid except by written instrument and signed by the parties.
Executed as of the date first written above.
Land or ITY OF CUPERTINO
By —�
David Brandt
City Manager
Tenant: JEE SUNG LEE
By
Jee Sung Lee
Owner
APPROVED AS TO FORM:
eDulku-kaw, �)
V
Carol Korade
City Attorney
Coffee Society Lease
March 1, 2014 — February 28, 2019
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