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• CITY <br /> LEASE AMENDMENT NO. 3 <br /> AND <br /> ASSIGNMENT OF LEASE <br /> THIS AMENDMENT AND ASSIGNMENT OF LEASE ("Amendment") is dated for <br /> reference purposes December 1, 2017, by and between the CITY OF EVERETT (the "City"), <br /> INNOVA CORPORATION dba ESPRESSO AMERICANO ("Innova"), and ESPRESSO <br /> BELLO, LLC. ("Espresso Bello"). This Amendment No. 3 concerns the lease between <br /> Austin Java Inc. (whose interests were assigned to Innova) and the City dated April 5, 2013, <br /> as amended by Lease Amendment No. 1, and Lease Amendment No. 2, (as so amended, the <br /> "Lease"). The parties desire to assign the Lease from Innova to Espresso Bello LLC., whose <br /> address is: 13810 50th Ave SE, Everett, WA 98208, Attn: Carlene (Kelly) L. <br /> Gonzales/President. <br /> Accordingly,the parties agree as follows: <br /> 1. Assignment and Assumption. As of the Effective Date below: (A) Innova <br /> assigns the Lease to Espresso Bello, (B) Espresso Bello accepts the assignment, (C) Espresso <br /> Bello assumes all of Innova's obligations under the Lease, and (D) the City consents to the <br /> assignment and assumption. To the extent there are insurance requirements in the Lease, <br /> Espresso Bello shall, within 14 days after the Effective Date, submit to the City an insurance <br /> certificate evidencing that Espresso Bello maintains such insurance. <br /> 2. 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 /> 3. Effective Date. The Effective Date of this Amendment is December 1, 2017, <br /> regardless of the date of signatures on this Amendment. <br /> 4. 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 />