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HomeMy WebLinkAboutEC17-206 - Other - Marquee on Meeker - Phase I - Section 09: Memorandum of Option to Repurchase Agreement - 04/02/2018Section 9 trrslrunrcnl l\utlber: llllSlt{l}Jt}00{3J Docorncnt;MEl\{0 Rcc: S79.0{l lagc-l ol"6 R*curtl llatt:,llll2$tll I l;3{ All! 'ttronit0ll-\' Rceortktl KinE Corrltl]'' W,1 ) WHEN RECORDED RETURN TO; Foster Pepper PLLC 1 11 1 Third Avenue, suile 3000 Seattle, WA 98101 Allentlon: 3eth A, Clark ORIGTNAL Ilsctmnlenlly Recordeil Documenl Ti$e: lylemorandum of option lo Repurchase AgreementGrantpr: Marquee on Meeker LLc 1 ST AM G)Grantee: CitY of Kent Legar Descrrptionr L'*v wr r\sr rr Ne, trVry 43 Abbreviated Legal Description: Lols 1-2, Kent SP No, $P-201 7'1, Rec. 201 80321 900CI04 Full Legal Description: See Exhibit A attaohed Assegsor'3 Tax Parcel Nos,: Ptn ot232204'9011-01 Roference Nos, of oocumsnts Rsleased or Aaslgned: Not applloable MgMORANDUM OF OPTION TO REPURCHA$E AGREEMENT THIS MEMORANDUM OF OPTION,TO REPU^RCHASE AGREEMENI (the "tvlemorandum") is executed mts l{L day of JH!il---, 2018, by and between Marquee on Meaker LLC, a Washington limited liability company {"Davelope/'), and lhe City of Kent, a Washington municipal corporation {"City"). 1, Qotlon to Repqrglaqe. city conveyed to Developer cerlain .real property tocat6fin tne City of fent, Wasnington, and more panicularly described ln exni6it A aitached hereie (the "Properly") pursuant to that cerlain Real €slale Furchase and $ale Agreemenl with LeaseiOption dated a$ of May 5, 2017, as amended (the "Purchase Agraement'), The conveyqnce ol the Property to Developer pursuant 1o the Puichase Agreement was subject to Developer's grant to Cily of an option to repurcnase ihe Properly pursuant to the terms and condilions ol an Option to Repurchase Agreemenl of even date herewith (the "Opllon Repurchaso Agreement"). ?. Pyrpose- gf -Momorandum. This Memorandum is prepared. lor purposes oi glvlns notice of the option Repurchase Agreemert and does not set io*i'r a'l cf ltre *terms and conditions set foilh in the Opiion Repurchase Agreement. li there is any eonflici belween the terms and conditions of ihe Oltion Repurchase Agreement and thls Memsrandum' the Option Reputchase Agreemenl shall control, tr,lttltj I 3. Termitation. This Memorandum shall automatically terminate and be released as a tien on title to the Proper'iy withsut further action of the parties upon the eartier of (i) the Closing of ihe sale of the Property to City pursuant to the Option Repurchase Agreement, or iii)expiration of the Option Repurchase Agreement in accordance with its terms. Without limiting the automatic termination sel forth above, City agrees, upon the request of Developer after the earliest to occur of the foregotng eventi, to execute such documentation as rnay be reasonably requested by Developer in order to fully release this Memorandum from title to the Property. This Memorandum is made as of the date first written above' CITY. CITY OF KENT, A Washington municipal corporation Dana h, Mayor DEVELOPER: MARQUEE ON MEEKER LLC, a Washington limited liability comPanY By: The Missing Links LLC, its Manager Bretl Jacobsen, Manager 1:41&lt: ' 3. Termination. This Memorandum shall automatically terminate and be released as aGn on title to the Property without further action of the parties upon the earlier ol (i) the Closing of the sale of the Property to City pursuant to the Option Repurchase Agreement, or (ii) expiration of the Option Repurchase Agreement in accordance with its terms. Without limiting the automatic termination set forth above, City agrees, upon the request of Developer after the earliest to occur of the foregoing events, to execute such documentation as may be reasonably requested by Developer in order to fully release this Memorandum from title to the Property. This Memorandum is made as of the date first written above. CITY CIry OF KENT, A Washington municipal corporation Dana Ralph, Mayor DEVELOPER ilARQUEE ON MEEKER LLC, a Washington limited liabil company By:The LLC, its Manager Manager 2 529?76t6 l srATE OF WASHINGTON ) )$ couNTY oF KING ) I certify that I know or lrave saiisfactory evidence that Dana Ralph is the person who appeaied before me, and said individual acknowledged that she signed this insttument as'Mayor and acknowledged it to be her free and voluntary acl of the City of Kent for ihe uses and purposes mentisned in the instrument. Given u and officialsealthis 14 a^y $ ry44&& , 2018 E 'r'. A*! {Pri N l'J MAFI'IN pu NOTARY PUBLIC iN and for the state ll of Washington, residing in My appointment exPires z STATE OF WASHINGTON) )$ couNTY oF KING ) I certify that I know or have satisfactory evidence that Bre$ Jaeobsen is the person who appeared before me, and said individual acknowledged that he signed this instrument as the Manager of The Missing Links LLC, the Manager of Marquee on Meeker LLC and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Givenundermyhandandofficialsealthis-dayof-,2018 IPrint NameJ NOTARY PUBLIC in and for the state of -, residing in My appointment expires 7- U $TATE OF WASHINGTON ) )s couNTY oF K|NG ) I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said individual acknowledged that she signed this instrument as Mayor and acknowledged it to be her free and voluntary act of the City of Kent for the uses and purposes mentioned in the instrument. Given under my hand and officialsealthis _ day of 2418 [Print Name] NOTARY PUBLIC in and for the state of Washington, residing in My appointment expires STATE OF WASHTNGTON) )$ couNTY oF K|NG ) I certify that I know or have satisfactory evidence that Brett Jacobsen is the person who appeared before me, and said individual acknowledged that he signed this instrument as the Manager of The Missing Links LLC, the Manager of Marquee on lUleeker LLC and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and officialsealthis 3f,oav or l{*tgh , 2018. ?o\.0"* [Print Name] NOTARY PUBLIC in and of ttfc$arqt\clr My appointment expires 2 52t)1761t\ t a ) Exhibit A Legal Description of Property LOTS 1 ANB 2 OF CITY OF KENT SHORT PLAT NO. SP.2017.1, RECORDED UNDER RECORDING NO. 20180321900004, IN KING COUNTY, WASHINGTON. J 52971616.t Exhibit A