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17-173 Jee Sung Lee and Eunju Lim, Assignmnet of Commercial Lease (Coffee Society)ASSIGNMENT OF COMMERCIAL LEASE T}is Assignment of Lease (Assignment) is made and becomes effective o n ~Ov l':t . 2017 (Effective Date) by and between ________ _ T..Qe... ~ Le-e__ (the Assignor) and SAn J0 Lr~Vl ____________ (the Assignee). WHEREAS. City of Cupertino (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 hereto ("Landlord's Property"); WHEREAS . Landlord operates on Landlord's Propert y a public library, and entered into a Lea se with Assignor to operate a cafe on the Property ; WHEREAS. Assignor now desires to assign the lease to Assignee and Landlord agrees to the Assignment so long as all the terms and conditions of the lease remain the same for the duration of the Lease unless otherwise agreed in writing by the Parti es. NOW THEREFORE. in consideration of the promi ses and covenants contained her ein and for other good and valuable consideration. the Parties hereby agree as follows: 1. For value received. Assignor assigns and transfers to Assignee that Lease . Dated 1\/\u-r \ 1 Ml'/ , Executed by Assignor as Les see and by City of C upertino. a Municipal Corporation. as Owner and Lessor, of the following described premises: (Describe commercial property) 2. The property is more fully described in the original commercial City Lease. attached hereto as Attachment A and incorporated here by reference. 3. Assignor assigns the Lease. together with all the rights. title. and interest in a nd to the lease and premi s es. subject to all the conditions and terms contained in the leas e . to have and to hold from l-L!Hfu\1 until the present term of the lea se ex pires on o"l.. I 2f=b I 4 . 4 . Assignor covenants that Assignor is the lawful and so le owner of the interes t assigned hereunder ; that thi s int e re s t is fr ee from all encumbrances: a nd that Assigno r ha s performed ali duties and obl igat ions and made a ll payments required under th e t e rm s and con diti o n s o f th e Lease. 1 5. AS SIGNEE agree s to pay th e rent du e and required after the e ffe c ti ve d a te o f thi s assignment, and to assume and perform all duties and obligations required by the terms of th e Lease . 6. The Parties agree that this Assignment along with Attachment A is the entire agreement between them. By s igning this agreement the Parties hereto agree to be bound to it s terms and co nditions on behalf of themselves , their successo rs a nd agents. Executed as of the date Effective Date written above. Assignor: ~ee ~~ L...e.JL By 4~ Title {:)vJview-(_ l,e,ll-ev-} Assignee : Fun .fu LT~Y) By~ Title Netv OwMrYV (BuJ e,v ) CONSENT OF LANDLORD: Th e City of Cupertino, as Owner and Landlord of the s ubj ec t property, and named Le sso r in the original Lease dated ~/_\_/ _j!J__, consents to thi s Assignment. Land~ITj'.,Pf CU~RTINO B ~~ f/lll/2Tl SIIRl//1lSTIJVJ1 ) r D~vid Brandt \.&"'~ e/!Y 1/GJ:. / Cit y Manager APPROVE D AS TO FORM : ({(6)/ &JA v R~ndo lph Steve nson Hom Cit y Atto rn ey 2 ACORD0 CERTIFICATE OF LIA~ILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/17/2017 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT JAMES CHOi NAME: State Farm DEBBIE YANG STATE FARM J'~'tl'n c .... 408-261-1623 ! rt~ Nol : 408-261-1625 £ 3484 STEVENS CREEK BLVD STE A ~t't~~ss · james .choi.fws2@statefarm.com ,. SAN JOSE, CA 95117 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A, State Farm Fire and Casualty Company i 25143 INSURED INSURER B : I LIM, EUNJU OBA C OFFEE SOCIETY INSURER C : 10800 TORRE AVE STE 100 INSURER D: CUPERTINO, CA 95014-3207 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT\MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION 10F ANY CONTRACT OR OTHER DOCUMENT Vv1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LI MITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD LSUBR l POLICY EFF ,~STc\%~1 I TR TYPE OF INSURANCE lo.,o n ,mm POLICY NUMBER IMM/OD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY t EACH OCC URRE NCE I s 1,000,000 D CLAJ MS -MA DE IZl O.CCUR i ..,,,,.l AGE TO REN I CLJ I s 1,000,000 PRE MISES IEa occurre ncel I I 5,000 I MED EXP (Any on e perscn) s -y y 97-CY-B451-7 i 11/20/2017 11/20/2018 I s 1,000.000 A i PERSON AL & ADV INJUR Y -I s -2 .000.000 GEN 'L AGG REG ATE LIMIT APPLIES PER: -' GENER AL AGGREGATE IZl POLI CY D )~ D LOC : PRODUCTS -COMP/OP AGG s 2 ,000,000 I I OTHER: : ' I I s AUTOMOBILE LIABILITY ' J CO MBINED SINGLE LIMIT I s /Ea acci den el c--i ANY AUTO ' I s I BODILY INJURY (Per person) -;-I OWN ED ---SCH EDULED I BODILY IN JUR Y (Per acdder.t) S -AUTOS ONLY -AUTOS -I HIRED NO N-O'ANED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I 'Per M"Cide nt1 s - ' ! i s UMBRELLA UAB H OCCUR . ' I s I EACH OCC URREN CE f-;--i I c C Jl:S-MADE i EXCESS LIAS AGGREGATE s OED I I RETENTI ON s s WORKERS COMPENSATION I ~f~TUTE I I OTH-I AND EMPLOYERS' LIABILITY ER YIN I s ANY PROP RIETO R/P ARTNER/EXECUTIVE ~ NIA N E.L. EACH ACCIDENT OFFICER /M EMBER EXCLUDED? E.L. DISEA SE -EA EMPLOYE~ S (Mandator'j In NH) ~~i~~~8~ 'b'}?gPER AT IO NS be low E.L. DI SEASE -POLICY LIM IT I s DESCR IPTIO N OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Add iti onal Remarks Schedul e, may b e attached if more space Is required) SELLING COFFE, TEA, & SNACKS CERTIFICATE HOLDER LISTED BELOW IS LISTED AS AN ADDITIONA L INSURED ON THE POLICY 97-CY-B451-7 . CERTIFICATE HOLDER C ITY OF C U P E RTIN O 10300 TORRE AVE CUPERTI NO , C A 9 50 14 ACORD 2 5 (201 6/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . _.--:7 ~ © 1988-2015 ACORD CORPORATION . All rights re se rved. Th e ACORD name and log ~egiste r e d marks of ACORD . 1001486 132 849.12 03-16-20 16 ., ,. LR Policy No . 97 -CYB4517 0167 -FBOC THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULL Y. CMP-4788.1 ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the follow ing : BUSINESSOWNERS COVERAGE FORM Policy Number: 97-CYB451 7 Named Insured: LIM , EUNJU OBA COFFEE SOCIETY 10800 TORRE AVE STE 100 CUPERTINO CA 95014 -320 7 SCHEDULE Name And Address Of Additional Insured Person Or Organization: CITY OF CUPERTINO 10300 TORRE AVE CUPERTIN O CA 95014 3255 Location Of Premises (Part Leased To You): 10800 TORRE AVE STE 100 , CUP ERTINO CA 95014-3207 CMP-4 788 .1 Pag e 1 of 1 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to include, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability arising out of the ownership , maintenance or use of that part of the premises leased to you and shown in the Schedule. 2. With respect to the insurance afforded the additional insured , this insurance does not apply to: a . Any "oc currence" or offense which takes place after you cease to be a tenant in the premises shown in the Schedule . b. Stru ctural alterat ions , new construction or demolition operation s performed by or for that addi- tional insured. 3. Any insuran ce prov ided to the add itional insured sha ll only apply with respect to a cla im made or a "suit " brought for damages for which you are provid ed coverage . 4. Primary Insurance . This insurance is primary to and will not seek contribution from any other insur- ance available to an additional insured under your poli cy provid ed that the additional insured is a nam ed insured under su ch other insurance . All other policy prov isions apply . CMP-4788 .1 ©,Copyright .State Farm Mutual Automobil e In surance Company. 2013 Inclu des copyrighted material of In su rance Services Office , Inc., wit h it s permissi on. 1007035 148012 08-14-20 14 LR Polic y No . 97-CYB4517 0167-FBOC THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 97-CYB4517 Named Insured: LIM , EUNJU DBA COFFEE SOCIETY 10800 TORRE AVE STE 100 CUPERTINO CA 95014-3207 Name And Address Of Person Or Organization: CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO CA 95014 3255 CM P-4787 Page 1 of 1 The following is added to Paragraph' 1 O.b . of SECTION I AND SECTION II -COMMON POLICY CONDITIONS : -We waive any right 'of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations ; or b. "Your work" done under contract with that person or organizat ion and included in the "products- completed operations hazard". This wa iver applies only to the person or organization shown in the Schedule . All other policy provis rons apply . CM P-47 87 1006225 1377 15.1 11-1 9-20 13 ©, Copyright, State Farm Mu tua l A utomo bile In s ura nce Compa ny, 2008 Includes copyrighted materia l of Insu rance Services Offi ce, In c., w ith its permissio n .