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093-21 - Kitsap Bank - Contract
Cover Sheet — RCw 65.05.047 KITSAP BANK 202201120091 Assignment Rec Fee: $ 205.50 Page: 'I of 3 Return Name & Address 01/12/2022 12:05 PM Paul Andrews, KitsaP Co Auditor AnIx :7 ,? ' Type or print information legibly. Document Title(s): ,045�/r/tl Auditor's File Number of Document (s) Referenced: CL) CD04'ey:3 c� Grantoe(sperson(s) that conveys, sells or grants interest in property: 22 &10�,/ Grantee(s) person at bu , eceives or to whom conveyance of property is made: Abbreviated Legal Description: • Quarter, Quarter/Government Lot, Section, Township, Range; OR • Plat/Condo Name, lot or unit number, building or block number; OR • Short Plat, Large Lot number, lot number and auditor file number Assessor's 14 digit Tax Parcel Number: 01/20/15 ASSIGNMENT AND ASSUMPTION OF LEASE Contract No. 093-21 This Assignment and Assumption of Lease ("Assignment"), dated this 13t" day of September, 2021, is by and between Kitsap Bank, a Washington banking corporation, ("Assignor" or `Bank") and City of Port Orchard, a Washington municipal ("Assignee" or "City"). RECITALS A. Assignor is the Tenant and the State of Washington, acting through the Department of Natural and Resources ("State") is the landlord under that Aquatic Lands Lease dated February 21, 2006, and recorded with the Kitsap County Auditor's office under recording number 200603220008, and also designated as Lease No. 22-A02336. The DNR Lease was amended by that Amendment and Notice of . and Consent to Assignment of Lease dated ©Li-owr-zV0 , 2021 (collectively "DNR Lease"). B. Assignor agrees to assign, and Assignee agrees to assume, all rights and obligations of Assignor under the DNR Lease, and to indemnify, defend and hold Assignor harmless from any claims relating to the DNR Lease arising after the date of this Assignment. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Assi nment/Assum tion. Assignor hereby assigns, transfers, and conveys all of its right, title and interest in and under the DNR Lease to Assignee. Assignee hereby assumes and agrees to be bound by and agrees to perform fully and discharge all of the obligations of Assignor as Tenant under the DNR Lease. 2. Liability of Assignor. Assignor shall remain liable for any claims by the State relating to the DNR Lease that arise from acts or events occurring prior to the date of this Assignment, and any obligations of Bank to City under that lease dated contemporaneously with this Assignment which includes the property that is the subject of the DNR Lease and other abutting real property. 3. Liability of Assignee. Assignee shall indemnify, defend and hold Assignor harmless from and against any and all claims by the State of Washington Department of Natural Resources against Bank relating to the DNR Lease, which claims arise from acts or events occurring after the date of this Assignment. 4. Governing Law. This Assignment shall be governed by, construed and enforced in accordance with the laws of the State of Washington. EXCISE TAX EXEMPT JAN 12 2022 1023 8-40/RGC/ 1002069 r- IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the date first above written. ASSIGNOR: KITSAP BANK Dated: q- to —7--0 z I By: , k+ Anthony George, President ASSIGNEE: CITY OF PORT ORCHARD Dated: Robert Putaansuu, Mayor 10238-40/RGC/1002069 2