ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
WITH CONSENT OF LESSOR
This assignment and assumption of lease agreement (this "Assignment") is made and entered into when signed by the Lessee/Assignor, Sublessee/Assignee and the Lessor and is by and between Heather Thompson dba The Brick Coffee House ("Lessee or Assignor") and Kymberly Matta ("Sublessee/Assignee").
RECITALS
Lessee currently operates a restaurant located at 316 D Street in Marysville, 'alifornia adjacent to a public walkway owned by the City of Marysville ("Lessor"), commonl nown as Maiden Lane located at 318 D Street, Marysville, California, Assessor's Parcel Numbe 010-233-024-000.
B. Lessee has leased from Lessor City of Marysville those premises identified in that certain lease agreement, a copy of which is attached hereto as Exhibit A ("Lease") and incorporated herein.
C. Lessee desires to assign to the Sublessee/Assignee, the subject of the Lease Agreement attached hereto as Exhibit A.
IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein, the parties agree as follows:
AGREEMENT
1. Assignment. Lessee as assignor hereby assigns to sublessee as assignee all of assignee's right, title and interest in and to the Lease.
2. Sublessee/Assignees 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 she had executed the same.
3. By its signature below, Lessor consents to the assignment herein, provided, however, that nothing herein shall release Lessee/Assignor from the obligations of the Lease until such obligations have been fully performed.
4. 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 jurisdiction of the courts of the State of California in connection with any disputes arising out of this agreement.
5. Counterparts. This assignment may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
6. Entire Agreement. This Agreement embodies the entire understanding of the parties hereto and there are no other agreements or other understandings written or oral in effect relating 1 to the subject matter hereof unless expressly referred to by reference herein. This agreement may be amended or modified only by an instrument of equal formality signed by the parties or their duly authorized agents.
IN WITNESS WHEREOF, the parties have executed this on the date first written.
Date: 0125h024 Heather Thompson dba The Brick Coffee House, T Assigno
Kymberly Matta, Sublessee/Assignee
Date:
CONSENT
Subject to the terms and conditions stated above, Lessor consents to this assignment.
CITY OF MARYSVILLE
Date:
By:
Its
Attest:
City Clerk
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