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CITY <br /> LEASE AMENDMENT NO. 2 <br /> AND <br /> ASSIGNMENT OF LEASE <br /> THIS AMENDMENT AND ASSIGNMENT OF LEASE ("Amendment") is dated for <br /> reference purposes June 1, 2016, by and between the CITY OF EVERETT (the "City"), <br /> AUSTIN JAVA, INC. ("Austin Java"), and INNOVA CORPORATION dba EXPRESSO <br /> AMERICANO ("Innova"). This Amendment No. 2 concerns the lease between Austin and <br /> the City dated April 23, 2013, as amended by Lease Amendment No. 1 (as so amended, the <br /> "Lease"). The parties desire to assign the Lease from Austin Java to Innova and to amend the <br /> Lease regarding options to extend. <br /> Accordingly,the parties agree as follows: <br /> 1. Assignment and Assumption. As of the Effective Date: (A) Austin Java <br /> assigns the Lease to Innova, (B) Innova accepts the assignment, (C) Innova assumes all of <br /> Austin Java's obligations under the Lease, and (D) the City consents to the assignment and <br /> assumption. To the extent there are insurance requirements in the Lease, Innova shall, within <br /> 14 days after the Effective Date, submit to the City an insurance certificate evidencing that <br /> Innova maintains such insurance. <br /> 2. Amendment of Option. The portion of Lease Section 3B that reads: "shall <br /> have the option to extend the term of this Lease for a maximum of two (2) additional (3) three <br /> year periods ("Extended Term")" is replaced with "shall have the option to extend the term of <br /> this Lease for a maximum of four (4) additional (3) three year periods ("Extended Term")." <br /> To avoid misunderstanding, the parties agree that, as of the Effective Date, one option to <br /> extend have been already been exercised, meaning that four additional three year periods <br /> remain for Innova's use. <br /> 3. Full Force and Effect/No Default. The parties agree that the Lease remains in <br /> full force and effect without interruption, except as expressly modified by this Amendment. <br /> As of the Effective Date, the parties know of no facts or circumstances that would constitute a <br /> default under the Lease. <br /> 4. Effective Date. The Effective Date of this Amendment is June 1, 2016, <br /> regardless of the date of signatures on this Amendment. <br /> 5. Counterparts: This Amendment may be executed in multiple counterparts, <br /> each of which shall, for all purposes, be deemed an original but which together shall <br /> constitute one and the same instrument, and the signature pages from any counterpart may be <br /> appended to any other counterpart to assemble fully executed documents. <br />