HomeMy WebLinkAboutEC17-206 - Other - Marquee on Meeker - Phase I - Section 06: General Assignment - 04/02/2018Section 6
GI{NERA.L ASSIGNMENT
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:l'HtS GENJ:RAL ASSIGNMANT {this "Assignment") is entered into as af &{- day af
April,20iS, by and betwecn CII'Y OF KENT, a Washington municipal corporation ("Assignor"),
and MARQUbn ON MIIEKER l-L,C" a Washington limited liability company {"Assignee"), who
agrce as follows:
1. lrO$eiy. The "Property" rneans the real property located in the City of Kent, and
legally dessdbed in Exlrihit A attached tei this Assignment, which ltoperty is t}e subjeet of that
csrtain Real Ssiate Purchase snd Sale Agreement with lxasel0ption to Purchase dated as of May 5,
7017,as amended, between Assignor and Assignee.
2. AssigrUnent, For good and vah.nble consideralion received by Assignor. the receipt
anel sufficiency of which is hereby acknawledged, Assignor hereby gmnts, transfsx and assigns to
Assignee the entire righr, fitle and interest (1o the exient lransfenable) of fusignor in and to the
following, as they relale to the Property: n'ater righx; mineral rights; utility rights; rights-olway,
rights ol ingress or Bgress or other interests in, on, or to, any land abutting or adjoining the
Properby; govemmental licenses, permits and approvals; development rights; plans, specihcations
and drawings; soils and engineering studies; surveys; and inspection reports and other reports and
studies in the possession of Assignor ar its agents (the "Assigned Properly").
3. Assumptiqn. Assignee hereby assumes the covenants, agreements and obligations
of Assignor under the Assigned Propcrty which are applicable to the period and required to be
performe<l ftom and after the date of this Assignment. No person or entity other than Assignor
shallbe deemed a beneficiary *f the provisions of this Section 3.
4, Legal Expenses. if either party to &is Assignment brings suit or otherwise becomes
invglved in any legal proceedings secking to enforce the tenns of this Assignment, or to tecover
damages for their breach, the prevailing party shall be entitled to recover its costs and expenses
{including fees of attomeys, expert witnesses, accountants, court reperrters and nthers) incurred in
connection therewith including all such costs and expenses incurred: (a) in trial and appellate eourt
proceedings, (b) in connection with any and all counterclairns asserted by one party to this
Assignment against another whether or nol such counterclaims arise out of or are othErwise relatsd
to this Assigrunenl" (c) in bankruptcy or other insolvency proceedings. and (d) in post-judgment
collection proceedings.
5. Successors and Assisns. 'lllis Assignment shall be binding upon and inure to the
benefit of AssigAor and Assignee and their respective successors and assigns.
6. Govemiaq IraU. This Assigament and the riglrts of the parties hereto shall be
govemed by and construed in accordance with the internal laws af the State qf Washington without
regard to any choice oflaw principles.
7 " Pewer and Auihority. Each party represents and warrants to the other that it is fully
empowered and authorized to execute and deliver this Assignment, and the individual signing this
Assignment on behalf of such parly represents and warrants to the other pa*y fiat he or she is fully
empowered and authorized to do so.
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L Countgl'palE. 'l'his Assigrxrent rnay be excculed in countetparts, each of ra'hich
shall be an priginal, :irrd all r:f such counterparls logether shall constitute one and ths same
inslrumenl.
lSignalures appcar ein following page']
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IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this
Assignment as of the day and year first above written.
ASSIGNOR: CITY OF. KENT, a Washington
municipal corporation
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ASSIGNEE:
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Dana Ralph, Mayor
MARQUBE ON MEEKER LLC, A
Washinglon limited liabilify company
By: The Missing Links l,LC, its manager
Brett Jacobsen, Manager
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IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this
Assignment as of the day and year first above written.
A$SIGNOR:CITY OF KENT, a Washington
municipal corporation
Dana Ralph, Mayor
ASSIGNEE:MARQUEA ON MEEKERLTC, a
w liabiliycompany
By:LtC, its manager
Manager
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EXIIII}IT A
LKGAL DESCRIPTION
LO'IS I ANl] 2 OF CITY OF'K}'N]'SI-IORI'PLA'I'NO. SP-20I7-1. RECORDI]D I]NDEII
RECOT{I]I}JG NO. 20 I 803 2 l 900004. r hi KrN C COI I N',f Y. WAS} I{}{G1'0N.
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