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HomeMy WebLinkAboutMemorandum of Lease20071024000254.001 WHEN RECORDED RETURN TO: City of Auburn Attn: Jeff Beck 25 W. Main Street Auburn, WA 98001 f vr aut rrvssrtuo ^ o DOCUMENT TITLES) 1. Memorandum of Lease REFERENCE NCJMBER(S) OF DOCUMENTS ASSIGNED OR RELEASF,D: ❑ Additional numbers on page of document GRANTOR(S): y . t. City of Aubum ��C0 GRANTEE(S): CH;CRB��I��INS•2 t. Harold Gambini, a Single Man REFtk ABBREVIATED LEGAL DESCRIPTION Tots 3 and kBtku�yol 2 Pg Do/ dr Complete legal description on Exhibit,8 of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 1� --rc�p'zre 78'1 J�O —OiB.i "�r� ❑ (Check ifappltcable aad sign be/orv) I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36. t8.010. t understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. __ 200710240002646002 .MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is by and between the City of Auburn, a municipal corporation, organized under Title 35A, RCW, hereinafter referred to as "Auburn," and Harold Gambini, a single man, hereinafter referred to as "Gambini." 1. "Auburn" and "Gambini" entered into an "Auburn Sound Transit Station Sublease Agreement" ("Sublease") dated September 7, 2007. All of the terms are more fully set forth in the "Sublease." 2. "Auburn" is leasing to "Gambini" that property consisting of the ground floor commercial tenancies and 42 parking spaces on the ground and second floor, as depicted in Exhibit "A," in the Sound Transit Terminal, Aubum, Washington, which Sound Transit Terminal premises are legally described in Exhibit B, attached hereto and incorporated by reference. 3. The term of the "Sublease" shall commence on the 15th day of September, 2007, and unless terminated earlier, the term shall expire at midnight on the 15t day of June, 2101. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the "Sublease," all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. In witness whereof, the parties have executed this Memorandum of Agreement to be effective on September 7, 2007. 1130z II IIII)OMA 9116143 GAIV] BINI Harold Ga i ATTEST Dao V ez� Dan i7elle E. Daskam, City Clerk STATE OF WASHINGTON ) ss. COUNTY OF iha On this day personally appeared before me Harold Gambini, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. 0 ;misslon qv}S JAN 2008 NOTARY PUBLIC in and for the State of Washington, residing at 41) 0YaA My Commission expires: l l�1 20071024000254:004 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactoryevidence that Peter B. Lewis 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 the Mayor of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in and for the State of as ington, residing at My Commission expires: Z O 20071024000254:006 W^! IW Exhibit A (1S' Floor 6 Spaces) AREA Commacial TennnlParking ri©_���a //� � Ill - a CGY'PffRCIAL TENANT AREA AUBURN 9TATfON PARKINQ QANAdE 20071074000264:006 b' Q X Exhibit A (continued) (2"a Floor 36 Spaces) U � Q G ' X = Commerdal Tcnanl Parking (36 Spaccs j"' Floor) b S��U f�'NIRD FLG1�R AUBURN STATION PARgNq gARAgE ---2=1-0240002n,007 Exhibit B Legal Description of Sound Transit Facility Premise The Legal Description of the Sound Transit Facy is as follows: That certain parcel of land situated in the City of Auburn, County of King, State of Washington, being all of Block 4 of the Town of Slaughter as shown on a plat thereof recorded in Volume 2 of Plats, at Page 56, records of said county, and that portion of the street vacated by Ordinance Nos. 481, 483 and 493 of said city, described as a whole as follows: BEGINNING at the northeast corner of said Block 4, said corner being the intersection of the southerly margin of First Street SW (60.00 feet wide) with the westerly margin of "A" Street SW (60.00 feet wide); thence along the northerly line of said block and said southerly margin of First Street SW, and its westerly extension, North 89005'36" West 234.84 feet to the easterly line of The Burlington Northern and Santa Fe Railway Company Right -of -Way; thence along said easterly line, South 00040'12" West 96.19 feet to the beginning of a tangent curve concave easterly and having a radius of 17138,74 feet; thence continuing along said easterly line and along said curve southerly 164.42 feet through a central angle of 00032'59" to the westerly extension of the northerly margin of Second Street SW (60.00 feet wide); thence along said westerly extension and the southerly line of said block, South 89005'36" East 232.85 feet to the southeast corner of said block and said westerly margin of "A" Street SW; thence along the easterly line of said block and said westerly margin, North 00°56'04" East 260.60 feet to the POINT OF BEGINNING. 20071024000264,001 WHEN RECORDED RETURN TO: City of Aubum Attn: Jeff Beck 25 W. Main Street Auburn, WA 98001 Y; 701 5th Avenue _ Suite 3400 - DOCUMENT TITLES) 1. Memorandum of Lease RETERENCE NUMBERS) OP DOCUMENTS ASSIGNED OR RELEASED: ❑ Additional numbers on page of document GRANTOR(S): logy . 1. Cityof Auburn C0 GRANTEE(S): GHiCPG;�i�EWS•a 1. Harold Gambini, a Single Man REf VA ABBREVIATED LEGAL DESCRIPTION I�ats3 at B&k( Vot 2 Pg 56/ P4tt. Zloak '1 *'.Complete legal description on Gxhibit8ofdocument ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 99i598=0�90".rm1' ❑ (Check rf npplicabfe and sign belmv) [ am requesting an emergency nonstandard recording for an additional fee as provided in RC14 36. t8.010. I understand that the recording processing requirements may cover np or otherwise obscure some part of the text of the original document. Signoture This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing 20071024000254,002 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is by and between the City of Auburn, a municipal corporation, organized under Title 35A, RCW, hereinafter referred to as "Auburn," and Harold Gambini, a single man, hereinafter referred to as "Gambini." 1. "Auburn" and "Gambini" entered into an "Auburn Sound Transit Station Sublease Agreement' ("Sublease") dated September 7, 2007. All of the terms are more fully set forth in the "Sublease." 2. "Auburn" is leasing to "Gambini" that property consisting of the ground floor commercial tenancies and 42 parking spaces on the ground and second floor, as depicted in Exhibit "A," in the Sound Transit Terminal, Auburn, Washington, which Sound Transit Terminal premises are legally described in Exhibit B, attached hereto and incorporated by reference. 3. The term of the "Sublease" shall commence on the 15tn day of September, 2007, and unless terminated earlier, the term shall expire at midnight on the 1st day of June, 2101, 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the "Sublease," all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. In witness whereof, the parties have executed this Memorandum of Agreement to be effective on September 7, 2007. 20071024000254,003 GAMBINI Harold Gar)" a )i ATTEST Danielle E. Daskam, City Clerk Iwo - � - ;► STATE OF WASHINGTON � ss. COUNTY OF ' l On this day personally appeared before me Harold Gambini, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: � & ,0/rox , 200m JAN 19 zooa NOTARY PUBLIC in and for the State of Washington, residing at V.190) t My Commission expires: l l�1 20071024000254,004 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis 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 the Mayor of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:.j�1 2007. NOTARY PUBLIC in and for the ' p 'o. State of as ington, "ueN> o �; residing at rF of wee' My Commission expires: (a t� iu,.....�.�. 20071024000254,005 Exhibit A (15' Floor 6 Spaces) AUBURN STATION PARKINO QAflAOE Exhibit A (continued) (2"d Floor 36 Spaces) C� 1 �T`ow e rNl� ��cnrz AUBURN STATION PARIaNG GARApE --20071024000254:007 Exhibit B Legal Description of Sound Transit Facility Premise The Legal Description of the Sound Transit Facility is as follows: That certain parcel of land situated in the City of Auburn, County of King, State of Washington, being all of Block 4 of the Town of Slaughter as shown on a plat thereof recorded in Volume 2 of Plats, at Page 56, records of said county, and that portion of the street vacated by Ordinance Nos, 481, 483 and 493 of said city, described as a whole as follows: BEGINNING at the northeast corner of said Block 4, said corner being the intersection of the southerly margin of First Street SW (00.00 feet wide) with the westerly margin of "A" Street SW (60.00 feet wide); thence along the northerly line of said block and said southerly margin of First Street SW, and its westerly extension, North 89005'36" West 234.84 feet to the easterly line of The Burlington Northern and Santa Fe Railway Company Right -of -Way; thence along said easterly line, South 00040'12" West 96.19 feet to the beginning of a tangent curve concave easterly and having a radius of 17138.74 feet; thence continuing along said easterly line and along said curve southerly 164.42 feet through a central angle of 00032'59" to the westerly extension of the northerly margin of Second Street SW (60.00 feet wide); thence along said westerly extension and the southerly line of said block, South 89005'36" East 232.85 feet to the southeast corner of said block and said westerly margin of "A" Street SW; thence along the easterly line of said block and said westerly margin, North 00056'04" East 260.60 feet to the POINT OF BEGINNING.