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HomeMy WebLinkAbout071-13 - TTMJ LLC / TTKJ LLC - Contract Amendment Assignment of Real Property LeaseAfter Recording Return To: Gary T. Chrey Shiers Law Firm LLP 600 Kitsap Street Suite 202 Port Orchard, WA 98366 LANE? TITLE 201412310189 Assignment Of Lease Rec fee; 12/31/2014 01;14 PtR $ 85-00 f Illlll11IlltFIF111tlrfll111lit I, IN,1111111111oI11lull11 azP f ASSIGNMENT OF REAL PROPERTY LEASE ASSIGNOR/LESSEE: TTMJ LLC F, -X%3541 A WASHINGTON LIMITED LIABILITY COMPANY ASSIGNEE/LESSEE: TTKJ LLC A WASHINGTON LIMITED LIABILITY COMPANY ABBREVIATED LEGAL: PTN BLOCKS 7 & 8, TOM CLINE'S ADDN TO SIDNEY 1/29 TAX PARCEL NUMBER: N A REFERENCED DOCUMENT: 201310150245 THIS AGREEMENT is hereby made and entered into this 15 t 14 day of December, 2014, by and between TTMJ LLC, a Washington limited liability company, hereinafter also referred to as Lessee/Assignor, and TTKJ LLC, a Washington limited liability company, hereinafter also referred to as Lessee/Assignee. WITNESSETH: WHEREAS, the City of Port Orchard, a Washington municipal corporation, as Lessor, and TTMJ LLC, a Washington limited liability company, as Lessee, entered into Lease No. 071-13 dated August 27, 2013, applicable to certain real property legally described on Exhibit "A" attached hereto which by this reference is incorporated herein as though fully set forth, and a Memorandum of Lease applicable to said lease was recorded on October 15, 2013 under Kitsap County Auditor's file number 201310150245; and 23255-012 Assignment of Parking Lot Lease Rev. 12 05 14 Page 1 ]EXCISE TAX EXEMPT OEC 312014 Whereas, TTMJ LLC, a Washington limited liability company, has entered into a contract to sell the real property which it currently owns located adjacent and to the south of the real property legally described on Exhibit "A" to TTKJ LLC, a Washington limited liability company, and said sale is scheduled to close on December 31, 2014; and Whereas, TTMJ LLC, a Washington limited liability company, is desirous of assigning all of its right, title and interest as the Lessee under Lease No. 071-13 to TTKJ LLC, a Washington limited liability company; and Whereas, TTKJ LLC is desirous of subleasing to MYMO LLC, a Washington limited liability company; and Whereas, the City of Port Orchard, as Lessor, has consented to the aforementioned assignment by TTMJ LLC to TTKJ LLC in accordance with the Consent to Assignment of Lease and Sublease and Release included with this document; and Whereas, the City of Port Orchard, as Lessor, has consented to the aforementioned sublease by TTKJ LLC to MYMO LLC in accordance with the Consent to Assignment of Lease and Sublease and Release included with this document; and Whereas, the contact information for TTKJ LLC and MYMO LLC is James T. Monahan, a Managing Member of TTKJ LLC, 1011 Bethel Avenue, Port Orchard, WA 98366, (360) 908-3357; Now, therefore, for and in consideration of the mutual benefits to be derived here from and for no monetary consideration, IT IS HEREBY AGREED AS FOLLOWS: 1. TTMJ LLC, the Lessee/Assignor, hereby assigns, conveys, and transfers to TTKJ LLC, the Lessee/Assignee all of its right, title and interest in and to Lease No. 071-13 dated August 27, 2013 applicable to the real property legally described on Exhibit "A" attached hereto. 2. TTKJ LLC, the Lessee/Assignee, shall be responsible for the full and complete performance of all covenants, conditions, stipulations, responsibilities and other requirements of Lease No. 071-13 dated August 27, 2013 and shall indemnify, defend and hold TTMJ LLC, the Lessee/Assignee, harmless from any and all liability under Lease No. 071-13 dated August 27, 2013. 3. This Assignment of Real Property Lease shall be effective as of Midnight on 23255-012 Assignment of Parking Lot Lease Page 2 Rev. 12 05 14 December 31, 2014. TO HAVE AND. TO HOLD all and singular the aforesaid premises, together with the tenements, hereditaments and appurtenances thereunto belonging to or in any wise appertaining, unto TTKJ LLC, the Lessee/Assignee. Signature Page Follows. 23255-012 Assignment of Parking Lot Lease Page 3 Rev. 12 05 14 DATED this LESSEE/ASSIGNEE: TTMJ LLC 15 day of December, 2014, By: �hLc Mickie L. Hoem, Managin Member Date: December / 5 , 2014 LESSEE/ASSIGNOR: TTKJ LLC IPA, Ja s T. Monahan, Managing Member Date: December / 5 , 2014 By: N Timoth . Myer Managing Member Date: December i S , 2014 23255-012 Assignment of Parking Lot Lease Page 4 Rev. 12 05 14 By �. Thomas O. Myers III, Man ng Member Dated: December 15 12014 By: Kylie . Myers, Mani Bing Member Dated: December 15 , 2014 STATE OF WASHINGTON )ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Mickie L. Hoem 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 Managing Member of TTMJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �.� WN ����.� NOTARY PUBLIC Printed Name: �e�• i �a-�-� VIP NOTeMy Commission Expires: z t' s • PU81m. ►N� , 23255-012 Assignment of Parking Lot Lease Page 5 Rev. 12 05 14 STATE OF WASHINGTON )ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that James T. Monahan is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as a Managing Member of TTKJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �l�S+�T. W� % NOTARY PUBLIC -.0 o ` Printed Name: puguc (P :, 43 �! My Commission Expires: OF WPC,•` 23255-012 Assignment of Parking Lot Lease Page 6 Rev. 12 05 14 STATE OF WASHINGTON )ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Thomas O. Myers III is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as a Managing Member of TTKJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. '►►►►►sKA �1Hp��i A, �� ♦� LU "[ NOTARY PUBLIC x 6L Printed Name: <,,, • �-� My Commission Expires:Y 2 tS T� OF WAS' 23255-012 Assignment of Parking Lot Lease Page 7 Rev. 12 05 14 STATE OF WASH NGTON )ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Timothy I. Myers is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as a Managing Member of TTKJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. L ON NOTARY P LIC ' tyOTARY Printed Name: s PUBLiC 0 C' My Commission Expires: 2 1 Sr • �. . c,. OF W p,5'�'� . 23255-012 Assignment of Parking Lot Lease Page 8 Rev. 12 05 14 STATE OF WASHINGTON )ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Kylie N. Myers 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 a Managing Member of TTKJ LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �,`%�N L'KA� �'�. Mt �g10Ne��G"` r '* 'NOTARY NOTARY PUBLIC II� C = 2 Printed Name: KC.n re, v,,�}+ uL CPA PUBLI My Commission Expires: S— or W p5 23255-012 Assignment of Parking Lot Lease Page 9 Rev. 12 05 14 EXHIBIT A Real Property Legal Description (Attached) 23255-012 Assignment of Parking Lot Cease Page 10 Rev. 12 05 14 WardC 91futl'randAssociates-GicensedGandSurpeyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 WWW.wcmassoc.com EIN 90-0011360--UBI 600 385 020 August 26, 2013 Revised September 9, 2013 Modified September 20, 2013 Parking Area CITY OF PORT ORCHARD to TTMj, LLC That portion of Lots 15 thru 17 inclusive, Block 7, portion of alley in the center of Block 7, portion of Lot 14, Block 8 and portion of Cedar Street between Block 7 and 8 of the Plat of Tom Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Ydtsap County, Washington lying Southeasterly, Southerly and Southwesterly of the centerline of the Gig Harbor -Harper section of State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,1929, sheet 2 of 7 sheets and Southwesterly of the Westerly margin of SR 166 "Retsil Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being portion of the Southwest quarter of the Southwest quarter of Section 25, Township 24 North, Range 1 East W.M., situate in Kitsap County, Washington more particularly described as follows: BEGINNING at a point on the South line of Lot 15, Block 7 of the Plat of Tom Cline's Addition to Sidney, as filed in Volume 1, page 29 of plats, records of Kitsap County, Washington, said point being 31.39 feet right of Station 9+83.58 of the Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby, Kitsap County", approved January 29,192% sheet 2 of 7 sheets; thence Northeasterly in a straight line 22.11 feet more or less to a point 25.09 feet right of Station 10+06.59 of said Gig Harbor Harper Section of the Gig Harbor "Y" Connection; thence Northeasterly, Easterly and Southeasterly alone the arc of a non - tangent curve to the right having a radius of 313.33 feet and an arc length of 222.18 feet more or less to a point 18AS feet right of Station 12+42.36. of said Gig Harbor -Harper section of the Gig Harbor "Y" Connection, said point also being on the Southwesterly Right of Way of SR 166 "Retail Ferry Dock and Parking Lot" as shown on sheet 5 of 7 sheets dated February 8,1944 and amended January 21,1992 and being 70.00 feet right of Station 12+70.86 of said SR 166 "Retail Ferry Dock and. Parking Lot"; thence Southeasterly, along said Southwesterly Right of Way, being a curve to the left, having a radius of 643.00 feet and an arc length of 27.61 feet more or less to the intersection of a curve 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection, said point being 70.00 feet right of Station 12+95.48 of said SR 166 "Retsil Ferry Dock and Parking Lot" and also being Station 12+66.46 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence leaving said intersection run Northwesterly, Westerly and Southwesterly along a non -tangent curve to the left having a radius of 323.37 feet and an arc length of 250.28 feet and being 34.73 feet right of the centerline of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection of said State Road Number 14 "Port Orchard to South Colby IGtsap County" to it's intersection with the said South line of Lot 15, Block 7 of the Plat of Torn Cline's Addition to Sidney, said point being 34.73 feet right of Station 9+89.30 of said Gig Harbor -Harper Section of the Gig Harbor "Y" Connection; thence Westerly along the South line of said Lot 15, Block 7 in the Plat of Tom Cline's Addition to Sidney 6.17 feet more or less to the POINT OF BEGINNING. All as shown on "Diagram" recorded under Auditor's File Number 2013097.30120 and filed in Book 7ppage 47 of surveys, records of Kitsap County, Washington and by this reference made a part hereof.