Agmt09 Hidden Dragon Tea House-HD Food Service Inc. - Lease Agreement

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ORIGINAL LEASE AGREEMENT (Lease Area 1A - 2202 Broadway) THIS LEASE AGREEMENT ("Agreement" or "LEASE") is entered into as of 2009, by and between: the Redevelopment Agency of the City of Redwood City, a u lic bo y, corporate and politic, duly organized and existing under the laws of the State 0 California ("Agency" or "Lessor"), and HD Food Service Inc., d.b.a. "Hidden Dragon Tea House", hereinafter referred to as "Lessee." RECITALS: A. WHEREAS, on May 3, 2005, the City of Redwood City ("City") entered into an agreement with the County of San Mateo, "Cooperative Agreement between the County of San Mateo and the City of Redwood City for Preservation of the Historic County Courthouse Block, Removal of the South Annex, Reconstruction of the Courthouse Fac;ade and Creation of a Courthouse Plaza, and Grant of Easement and License", herein ("Cooperative Agreement"). B. WHEREAS, the Cooperative Agreement was amended on August 24, 2006 through the First Amendment to the Cooperative Agreement between the County of San Mateo and the City of Redwood City for Preservation of the Historic County Courthouse Block, Removal of the South Annex, Reconstruction of the Courthouse Fac;ade and Creation of a Courthouse Plaza, and Grant of Easement and License ("First Amendment") to expand the Project to include the construction and placement of a restroom facility. C. WHEREAS, the Cooperative Agreement provides that the City may assign its easement interest in any or all portions of the Courthouse Square with the consent of the County. D. WHEREAS, pursuant to a Partial Assignment and Assumption of Cooperative Agreement, the City has assigned certain interests in the four Concession Spaces at Courthouse Square to the Agency. E. WHEREAS, Lessor has possession of Courthouse Square Concession Space identified as Lease Area 1 A (the "Premises" or the "Lease Area"), as described in the legal description and plat map identified as Exhibit" A" and illustrated in the site layout identified as Exhibit B, both of which are attached hereto and incorporated herein by reference. F. WHEREAS, Lessee wishes to lease the Premises for operation of Hidden Dragon Tea House, a tapioca drink, Asian tea, soft drinks, slush, prepared Asian food, and beer and wine concession. G. WHEREAS, Lessor and Lessee wish to enter into an agreement for the use of the Premises by Lessee, its agents, customers, contractors, and assignees. H. WHEREAS, concurrently with this Lease Agreement, City and Lessee have entered into a License Agreement (the "License Agreement") allowing Lessee the right to use certain areas surrounding the Premises, defined as License Area 1 A. ATTY/AGR/2009.024 061609 lfM ~lnitialS Page 1