CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT FOR
PARK BENCH CAFE
This consent to Assignment and Assumption of Lease Agreement (the "Assignment") is made and entered into on , 2026, between:
- Michael and Christie Bartusick dba Park Bench Cafe ("Assignor"); and - 2R2S LLC, a California limited liability company ("Assignee"); and - The City of Huntington Beach, a municipal corporation of the State of California ("'City").
Collectively, Assignor, Assignee, and City are the "Parties." WHEREAS, the City is the owner of the real property located at 17732 Goldenwest Street, Huntington Beach, CA, together with the building and other related improvements ("Premises"); and
City and Assignor entered into that certain "Lease Agreement Between the City of Huntington Beach and Michael and Christie Bartusick, dba Park Bench Café" on August 6, 2012, as amended by City and Assignor on March 21, 2023, and as further amended by City and Assignor on , 2026 (the "Lease") for operation of a food concession in Huntington Beach Central Park; and
A copy of the Lease, as amended, is attached hereto as Exhibit A; and Assignor desires to assign all of its right, title and interest in the Lease to Assignee, and Assignee desires to assume all of Assignor's obligations under the Lease; and City desires to consent to the assignment of the Lease from Assignor to Assignee upon such terms and conditions as set forth herein,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
ASSIGNMENT. Effective upon the close of the business escrow between Assignor and Assignee, ("Effective Date") Assignor assigns to Assignee all of Assignor's right, title and interest in the Lease.
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2. ASSUMPTION. From and after the Effective Date, Assignee assumes, covenants and agrees to keep and perform each and every obligation of Assignor under the Lease. Assignee agrees to be bound by each and every provision of the Lease as if it had executed the same.
CITY CONSENT. The City hereby consents to the Assignment and Assumption of the Lease from Assignor to Assignee subject to the following conditions:
a. Assignee will carry forward the existing branding and community goodwill of the Park Bench Café name and operations.
b. The close of the business escrow shall be completed within 45 days from the approval of this Assignment by City. Assignee will submit proof to City of the completion of the transfer by submission of a closing statement from the Escrow company, bill of sale, or other legal transfer documents. In the event that the transfer is not completed within the aforesaid period, this Assignment will be void and of no further effect, and Assignor will continue to be bound by the terms of the Lease.
C. Assignee must provide City with satisfactory proof that it has secured naming rights to Park Bench Cafe within 45 days from the approval of this document by City.
4. INDEMNIFICATION. Assignee agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with this Assignment.
5. ENTIRE AGREEMENT. This Assignment embodies the entire understanding of' the parties hereto and there are no other agreements or understandings written or oral in effect between the parties relating to the subject matter hereof unless expressly referred to by reference herein. This Assignment may be amended or modified only by an instrument of equal form signed by the parties or their duly authorized agents.
GOVERNING LAW. This Assignment shall be governed by and construed in accordance with the laws of the State of California and each of the parties hereto submits to the non-exclusive jurisdiction of the courts of the State of California in connection with any disputes arising out of this Assignment.
2 26-18704 / 426288
7. NOTICES. Any notice required or permitted to be given under this Assignment shall be in writing, shall specifically refer to this Assignment, and shall be addressed to the appropriate Party at the address specified below or such other address as may be specified by such Party in writing in accordance with this Section 7, and shall be deemed to have been given for all purposes (a) when received, if hand-delivered or sent by a reputable international courier service, or (b) five (5) Business Days after mailing, if mailed by first class certified or registered airmail,
postage prepaid, return receipt requested.
To Assignor: To Assignee:
Michael or Christie Bartusick 2R2S, LLC
17802 Wrightwood Lane
Huntington Beach, CA 92649
To City:
City of Huntington Beach
Director of Community and Library Services
2000 Main Street. S" Floor
Huntington Beach, CA 92648
8. SUCCESSOR AND ASSIGNS. This Assignment and the provisions hereof shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties.
9. ATTORNEY'S FEES. In the event of a dispute arising under this Agreement, each party shall bear its own attorney's fees.
REST OF PAGE NOT USED
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10. COUNTERPARTS. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be deemed the same as originals.
IN WITNESS WHEREOF, the parties have executed this instrument by and through their authorized representatives on 2026.
ASSIGNOR: CITY:
Michael & Christie Bartusick, dba
Park Bench Cafe
Michael Bartusick Mayor
Chratie Barturicke
Christie Bartusick City Clerk
ASSIGNEE: APPROVED AS TO FORM:
2R2S LLC
a California limited liability City Attorney
By: ARe REVIEWED AND APPROVED:
Its: Managing Member
By: _ City Manager
Its:
INITIATED AND APPROVED:
Director of Community and Library
Services
4 26-18704 / 426288
JoK
ACORD DATE MANDAYY
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER 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 INSURERS), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER Problty Commercial Insurance Services, Inc.
20422 Beach Blvd., Suite 445 FA NO: (888)878-4803
Huntington Beach, CA 92648 ADDRESS: [email protected] License #: 0H38599 INSURERS) AFFOROING COVERAGE NAIC #I INSURER A: Wesco Insurance Compan! 25011
INSURED
2R2S, LLC ISURER B: Technology Insurance Company, Inc 42376 DBA: The Park Bench Cafe INSURER C:
17802 Wrightwood Lane INSURER D:
Huntington Beach, GA 92649 INSURER E:
COVERAGES CERTIFICATE NUMBER: 00001841-260831093932 REVISION NUMBER: 3
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF JCH POLICIES. 'LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICA OLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable In i
INSR ADDL SUBR
LTR TYPE OF INSURANCE INSPIWYn POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y WBP2121452 00 09/01/2026 09/01/2027 1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
REMISES (Ea occurrence 50,000
MED EXP (Ary one porson) $ 5,000
PERSONAL, & ADV INJURY 1,000,000
GENL AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE 2,000,000 X POLICY PROT LOC PRODUCTS - COMPIOP AGG 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY
Y| Y WBP2121452 00 09/01/2026 | 09/01/2027 1,000,000
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OWNED
X AUTOS ONLY X AUTOS ONLY
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE ""
DEO RETENTIONS
WORKERS COMPENSATION Y TWC4858936
AND EMPLOYERS' LIABILITY 09/01/2026 09/01/2027
EL EACH ACCIDENT 1,000,000
(Mandatory In NH) E.L DISEASE - EA EMPLOYEE S 1,000,000 DOES RESTONO OPERATIONS bOSOM E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additonal Remarks Schedulo, may be attached if more space is required) city of Huntingion each, its oficers, elected or appotts ofedals, employes, agents and enores are konical afghanal By:
MICHAEL J. VIGLIOTTA
-CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATION -CITY OE HUNIINGION BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR
HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Huntington Beach ACCORDANGE WITH THE POLICY PROVISIONS. 2000 Main Street
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
ACORD 26(2026/12) C. Vandalias (CEV)
© 1988-2026 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD Printed by CEV on 09/01/2026 at 03:09PM POLICY NUMBER: WBP2121452 00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
City of Huntington Beach,
its officers, elected or appointed officials, All locations as designated in written contract employees, agents and volunteers with the Named insured information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section Il - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property his insurance does not apply to "bodily injury" ( or "personal and advertising injury" roperty damage" occurring afte caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in
CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WBP2121452 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 WN(
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND NON-
CONTRIBUTORY- OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s):
City of Huntington Beac All locations as designated in written contract with the is officers, elected or appointed officials, employees
Named insured
agents and volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section lI - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
al the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "products-
completed operations hazard".
It is agreed that the insurance provided for the bene-
fit of the above additional insured (s) shall be Pri-
mary and Non-Contributory, but only with respect to
liability for "bodily injury". "properly damage", or
"personal advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured (s) at the location (s)
listed above.
CG 20 37 07 04 WNC © ISO Properties, Inc., 2004 Page 1 of 1 •
POLICY NUMBER: WBP2121452 00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the additional insured
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 •
POLICY NUMBER: WBP2121452 00 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
his endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Prov on of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Forn This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below.
Endorsement Effective: Countersigned By:
09/01/2026
Named Insured: 22S, LLC dba: The Park Bench Cafe C. varilalia (Authorized Representative.|
SCHEDULE
Name of Person(s) or Organization(s): Cily of Huntington Beach 2000 Main Street
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An insured Provision contained in Section Il of the Coverage Form
CA 20 48 02 99
© Insurance Services Office, Inc., 1998
@Insurance Services Office, Inc.