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19-017 Amendment #1 09-22-20201 OF 2 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND EUNJU LIM FOR PROPERTY LOCATED AT 10800 TORRE AVENUE (COFFEE SOCIETY) This First Amendment to Lease Agreement between the City of Cupertino and Eunju Lim, for reference dated 9/22/2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Eunju Lim, (“Lessee”) whose address is 10800 Torre Avenue, Cupertino, CA, and is made with reference to the following: RECITALS: A.On 3/1/2019, a Lease Agreement (“Lease”) was entered into by and between City and Lessee for lease of real property located at 10800 Torre Avenue in the City of Cupertino (“Property”). B.City and Lessee desire to modify the Lease on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1.Paragraph 3.1 of the Lease is modified with the following addition: The monthly rent for the premises will be reduced by 50 percent (50%) from the base rent for the months of May 2020 through September 2020. Monthly rent due during this time period will be $976.89/month ($1,953.78 X 50%). Monthly rent payments will continue to be reduced by 50% after September 2020, until such time that the Cupertino Library reopens for public access, or until State and County mandated restrictions on indoor dining are loosened to permit a reasonable number of patrons, as determined in the Cupertino City Manager’s sole discretion, at such time monthly rent will return to the base rent amount as set by the Lease. The City will provide a minimum of seven (7) days notice to the Lessee of its intention to terminate the 50% reduction and return monthly rent payments to the base rent rate. 2.Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. LESSEE By Title Date owner 09/25/2020 2 OF 2 CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk 1292507.1 City Manager 9/28/2020 Heather M. Minner Sep 29, 2020 Coffee Society - First Amendment to Lease Agreement Final Audit Report 2020-09-30 Created:2020-09-29 By:Araceli Alejandre (aracelia@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAXNe2zPEzL1yoVIpaaPqK4gXwNb4v2f9e "Coffee Society - First Amendment to Lease Agreement" History Document created by Araceli Alejandre (aracelia@cupertino.org) 2020-09-29 - 10:54:16 PM GMT- IP address: 73.170.27.253 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-09-29 - 10:56:19 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-09-29 - 10:56:20 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-09-29 - 10:58:12 PM GMT- IP address: 45.41.142.224 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-09-29 - 10:58:33 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-09-29 - 10:58:35 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-09-29 - 11:23:33 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-09-29 - 11:23:42 PM GMT - Time Source: server- IP address: 69.110.137.176 Document emailed to Cyrah Caburian (cyrahc@cupertino.org) for approval 2020-09-29 - 11:23:44 PM GMT Email viewed by Cyrah Caburian (cyrahc@cupertino.org) 2020-09-30 - 8:35:34 PM GMT- IP address: 99.105.212.240 Document approved by Cyrah Caburian (cyrahc@cupertino.org) Approval Date: 2020-09-30 - 8:35:48 PM GMT - Time Source: server- IP address: 99.105.212.240 Agreement completed. 2020-09-30 - 8:35:48 PM GMT