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Home My WebLink About03-036 - King County / South Central School District - Pool Assignment AgreementAG 03-03(0 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT ("Assignment") is entered into this 2, day of ,ii 4. , 1 , , 2003 by and between KING COUNTY, a political subdivision of the St.4 of Wash gton (the "County") and the CITY OF TUKWILA, a political subdivision of the State of Washington (the "City"), and SOUTH CENTRAL SCHOOL DISTRICT NO 406, a Washington municipal corporation (the "District") WHEREAS, the County has leased certain real property from the District pursuant the Lease Agreement dated September 15, 1971 ("Lease"), which is attached as Exhibit A, WHEREAS, the County has constructed a facility known as the South Central Pool ("Pool") on the property leased from the District pursuant to the -Lease; WHEREAS, the County and City have reached an agreement for transfer of ownership of the Pool from the County to the City; WHEREAS, the Lease should accordingly be assigned to the City and the District approves of such assignment; NOW THEREFORE, in consideration of the mutual promises made in this Assignment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows AGREEMENT 1 Assignment. The County hereby assigns, transfers and conveys to the City all of the County's right, title, and interest in and to the Lease 2 Assumption. The City hereby accepts and assumes all of the County's right, title and interest in and to the Lease and assumes all obligations of any kind or nature under the Lease that arise after the date of this Assignment. The City agrees for itself, its successors and assigns, to defend, indemnify, and hold harmless the County, its appointed and elected officials and employees, from and against any and all claims, liability, damages, demands, suits, judgments, costs, including attorney fees and costs of defense, which are caused by, arise out of, or are incidental to the City's breach or violation of the terms of the Lease or this Assignment. 3 Acceptance The District hereby approves and accepts the assignment of the Lease from the County to the City pursuant to the terms contained in this Assignment and releases the County from all obligations under the Lease, provided, however, this release shall not constitute a release from liability as to any County breach of the Lease that occurred prior to the date of this Assignment. -1- 4 Binding. This Assignment shall be fully binding as between the County and the City when it has been duly executed by the County and the City regardless of whether the Assignment has been duly executed by the District. 5 Counterparts This Assignment may be executed in counterparts, and each set of duly delivered identical counterparts which includes all signatories shall be deemed to be one original document. 6 Applicable Law This Assignment shall be governed by the laws of the State of Washington. 7 No Other Amendments. Except as otherwise modified or amended by this Assignment, all of the terms and conditions of the Lease remain unchanged. Dated as of the date and year first above written. KING COUNTY TUKWILA By By ''/1 uludQQ4-. Its Its arz• SOUTH CENTRAL SCHOOL DISTRICT By Its -2- STATE OF WASHINGTON COUNTY OF ) ss. I certify that I know or have satisfactory evidence that Sfeveh fA. Aviauej is the person who appeared before me, and said person acknowledged that • - signed this instrument, on oath stated Ah/att �e she was authorized to execute enthe instrumt and acknowledged it as the of to be the free and voluntary ct of such party for the uses alliki-ori lam. and purposes mentionedd'Cln in the instrument. Dated 2, 03 (Use this space for notarial stamp/seal) &tQkL N &LLu Prrnt Narne Notary Publicmil My commission expires Jr_ _0 STATE OF WASHINGTON ) ) ss. COUNTY OF ) 1 certify that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated. (Use this space for notarial stamp/seal) Notary Public Print Name My commission expires -3- STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (Use this space for notarial stamp/seal) Notary Public Print Name My commission expires -4- EXHIBIT A LEASE AGREEMENT DC0025 LEASE AGREEMENT THIS LEASE made in quadruplicate this r day 1971, by and between KING COUNTY, WASHINGTON, a legal subdivision of the State of Washington, Lessee, and SOUTH CENTRAL SCHOOL DISTRICT NO 406, King County, Washington, a municipal corporation of the State of Washington, Lessor WITNESSETH In consideration of the covenants and agreements of the Lessee hereinafter set forth, the School District does by these presents lease and demise unto King County that certain real estate described as follows The west 190 feet of the east 565 feet of the south 320 feet of the southwest one-quarter of the southeast one-quarter of Section 15, Township 23 North, Range 4 East, W M , in King County, Washington, EXCEPT the south 20 feet for South 144th Street SUBJECT TO Right to make necessary slopes for cuts or fills as granted to King County by Deed recorded under Auditor's File No 3117114 In addition to the property leased, the School District will provide all convenient and necessary easements for utilities, ingress and egress The term of such lease shall be for a period of forty from the date above written. Upon expiration of term, Lessee shall have an option to renew such terms to be negotiated between the parties, it being at this date that the lease continue for at least (40) years said lease lease upon the intent the useful life of the building and structures to be located on the premises 000025 King County accepts the premises in the present condition andfor the purpose of immediately constructing thereon a major indoor swimming pool King County shall be responsible for all charges for utilities or governmental charges or taxes that should be levied against the property and shall keep the property in good repair and insured against all damage and liability resulting from the use thereof King County shall at times when facilities on the leased premises are not to be used by King County permit the School District to use such facilities subject to a Use Agreement to be consumated by the two agencies King County agrees to hold the School District harmless and to indemnify and defend the School District against any claim or liability for damage to any person or property and costs incident thereto arising with respect to the leased premises, except when such damage is a result of School District sponsored or controlled activities on the leased premises or where such damage is attributable to some act or omission of the School District The School District agrees to hold King County harmless and to indemnify and defend King County against any claims or liability for damage to any person or property and costs incident thereto caused by the negligence of the School District or as a result of School District sponsored or controlled activities on the leased premises, and where such damage is not attributable to some act or omission of King County This lease shall be reviewed every five (5) years with the intent at this date that it be renewed for at least the life of the building on the premises. -2- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written KING COUNTY, WAS N '• J• �' D SP°LMAN .�nty Ex-cutive SOU�NTSCHOOL DISTRICT NO 406 44. Approved as to Form and Legality GARY E JACOBSON Deputy Prosecuting Attorney / Date -3- STATE OF WASHINGTON ) Ss COUNTY OF K I N G ) zl On this 7 day of personally appeared `10--v 1971, before me to be the (president, vice president, secretary, , to be known treasurer, or other authorized officer or agent, as the case may the municipal corporation that executed the within instrument, and acknowledged said instrument to be be) of and foregoing the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated authorized to execute said instrument and that the is the corporate seal of said corporation In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written that be was seal affixed NOTARY PUBLIC in and for the State f Wsh,ington, residing at r ,(-CCS -4-