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HomeMy WebLinkAbout7520439 2023, Jacobson Assignment of Lease to S-50 Hangers LLC -DocuSign Envelope ID: 6D2B8F45-A918-4892-80AA-8D00160F1AOA CITY OF AUBURN CONSENT TO JAMES E. JACOBSEN'S ASSIGNMENT OF LEASE INTEREST TO 5-50 HANGER, LLC THIS CONSENT TO LEASE ASSIGNMENT dated July 14 2023 ("Assignment") between the City of Auburn, a Washington Municipal Corporation ("Lessor"), James E. Jacobsen, an individual person ("Assignor") and 5-50 Hanger, LLC, an Alaska Limited Liability Corporation wholly owned by Assignor (Entity Number 10235527, "Assignee"). I. Recitals: 1. Landlord and Assignor entered into an Airport Hanger Land Lease dated June 3, 2002 ("Lease"). The Auburn City Council approved the Lease through its enactment of Resolution 3474. 2. Section 12 of the Lease contemplated Assignee's ability to assign or sublet his Lease interest with Lessor's consent. 3. Subject to the terms of Lease Section 12, Assignor desires to assign his Lease interest to Assignee, who desires to assume the rights and obligations in the Lease. 4. Capitalized terms not defined in this Consent shall have the same meaning as defined in the Lease. II. Terms of Lease Assignment: LESSOR consents to this Lease Assignment on the following terms and conditions: Consent to Assigned Lease. Assignor assigns and transfers his rights, title and interest in the Lease to the Assignee, who shall assume such Lease rights, title, and interest from Assignor in the Lease. 2. Effective Date. This Assignment takes effect on August 1, 2023 ("Effective Date"), and continues until the Term of the Lease expires on June 2, 2052. 3. Security Deposit. With this Assignment, any Assignor rights to a security deposit under Section 6 of the Lease are transferred to and become the property of the Assignee. 4. Assumption of Obligations. Assignee agrees to jointly assume all of Assignor's Lease obligations and responsibilities (including the responsibility of rent payments found in Section 4, and the insurance and indemnification requirements found in Sections 9 and 10 of the Lease). DocuSign Envelope ID: 6D2B8F45-A918-4892-80AA-8D00160F1AOA 5. Assimor's Continued Obligations. Pursuant to Section 12 of the Lease, Lessor's consent to this assignment shall not relieve Assignor of any Lease obligation. On and after this assignment, Assignor and Assignee shall be jointly and severally liable for all Lease obligations. In the event of a breach or default of the Lease by Assignee, Assignor will remain additionally and separately liable to the Lessor or any other party claiming damages. 6. Charges accrued prior to the Effective Date. Assignor shall remain fully responsible for all rents and other Lease charges accruing prior to the Effective Date of this Assignment. This provision shall survive the Effective Date of this Assignment. 7. Further Assignment. There will be no further assignment of the Lease without the prior written consent of the Lessor. SIGNATURES ASSIGNOR ASSIGNEE S-50 HANGER, LLC EJD—Sig"Id by: 7/12/2023 EDO-Signedby: jamktU, 7/12/2023 AAE8FS39AF3 James E. Jacobsen ,,... J. E. Jacobsen, Managing Member III. Lessor's Consent to Assignment Lessor, specified by its signature below, hereby consents to this Assignment subject to those provisions expressed in the Agreement above effective August 1, 2023 thereafter. Ak LESSOR � ED—u Signedby: DS ��7/14/2023 EB6g53i93 Nancy Backus, Mayor — City of Auburn