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HomeMy WebLinkAboutPW09-131 - Other - Montessori Plus School - Termination of Lease - 05/27/2011 f TERMINATION OF LEASE AGREEMENT THIS TERMINATION OF LEASE AGREEMENT reement"A " ( 9 ) is made by and between the CITY OF KENT, a Washington municipal corporation ("Landlord") and MONTESSORI PLUS SCHOOL AND TEACHER PREPARATION OF WASHINGTON, a Washington non-profit corporation ("Tenant") to terminate that certain Lease entered into between Landlord and Tenant on or about April 22, 2009 (the "Lease"). WHEREAS, Landlord leased to Tenant a portion of real property located at 23825 - 981h Avenue South in the City of Kent, Washington, legally described in Exhibit B of the Lease (the "Premises") for use by Tenant for overflow parking; and WHEREAS, Tenant no longer requires the use of the Premises, and Landlord and Tenant both desire to terminate and cancel the Lease. AGREEMENT In consideration of their mutual covenants, the Landlord and Tenant agree as follows: 1. Landlord and Tenant hereby mutually terminate and cancel the Lease effective 5 - zZ — 2011. Tenant hereby releases to Landlord all right, title and interest in the Premises that Tenant may have acquired by reason of the Lease. 2. Tenant will vacate the Premises and surrender possession to Landlord on the effective date hereof, free of all occupants, and in as good order and condition as on the commencement date of the Lease, reasonable wear and tear excepted. 3. Landlord and Tenant each hereby release the other from any and all claims, causes of action, demands and liabilities of whatever nature in connection with the Lease or the Premises which either of them ever had, now has or hereafter may have. Neither Landlord nor Tenant shall be obligated to plan for or construct any improvements required pursuant to the Lease, except as may be necessary to restore the Premises as noted herein. 4. This Agreement shall be binding upon and shall inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this 7- TTday of T a-dj , 2011. Termination of Lease Agreement Page 1 of 3 (between City of Kent and Montesson Plus School and Teacher Preparation of WA) TENANT: LANDLORD: MONTESSORI PLUS SCHOOL & TEACHER CITY OF KENT PREPARATION OF WASHINGTON, INC. By: -J4 �P )VICE S ,_ ' BY.'-Li tte Cooke Title:_ 1 �2..-r-0. tle: or Date: _s_7_:z _ Date: !� STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) rr I certify that I know or have satisfactory evidence that Qt>..,j CLNAeC/�rKrK is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that&she) was authorized to execute the instrument and acknowledged it as the /44,,,,«;,,iy-t�ru of ute�c � c,ciPl,rckeel�r��-cam' to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: DS I -Notary Seal Must Appear Within This Sox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) Fte.4 K,ba- 'wc NOTARY PUBLIC, in and for the State of Washington, residing at-j-Acvm..A- Tt{';,` �+� My appointment expires l'b.—ocr_ y0117, ,!t Termination of Lease Agreement Page 2 of 3 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) STATE OF WASHINGTON ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: �j -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the dax �gar first above written. tj rcE P. BR It, ,...a�wugil /C /1/ =moo #0 T'q .0 (Sig ature) 4'0Lw j — NOTARY PUBLIC, in and for the State oc°"' .....I Xc of Washington residing at My appointment expires P\Gvil\Files\Open Files\1565-Montessori Plus School Lease\LEASE TERMINATION AGREEMENT door Termination of Lease Agreement Page 3 of 3 (between City of Kent and Montesson Plus School and Teacher Preparation of WA) REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Ken Langholz Phone (Originator) 5516 Date Sent 5/27/11 Date Required 6/3/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 0127 (( VENDOR NAME: ` ). itU DATE OF COUNCIL APPROVAL: Brief Explanation of Document. The City and tenant (Montessori Plus School) have determined that the lease is not in the best interest of the City and the school and therefore have agreed to terminate the agreement The tenant has obtained a permit from the City to construct the parking facilities on his own parcel Attached is a copy of the Termination of Lease Agreement that has been signed by the tenant Any questions, please contact Ken Langholz All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received- Approval of Law Dept . FI V EC.1 %y Law Dept Comments MAY 2 TENT LAW DEPT City Ot IC211; Date Forwarded to Mayor 5,27j/� of � "i'in"10 Shaded Areas to Be Completed by Administration Staff Q r Received: ,IUN - 1 2011 Recommendations & Comments: CITY OF KENT CITY CLEgtt Disposition.E141 // Date Returned: Iage5870_templatebase 2/07