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HomeMy WebLinkAboutAssignment of Lease and Leasehold Improvements 11 09 20 ADA COUNTY RECORDER Phil McGrane 2020-152643 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 11/09/2020 11:33 AM ALLIANCE TITLE-BOISE PRODUCTION CENTER $16.00 AT- ASSIGNMENT OF LEASE AND LEASEHOLD IMPROVEMENTS This ASSIGNMENT OF LEASE AND LEASEHOLD IMPROVEMENTS (the "Assignment") dated November C0 , 2020, is made by Lakeview Meridian Investors, LLC, an Idaho limited liability company ("Lakeview"), to the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"). RECITALS: A. Lakeview is presently the holder of the lessee's interest under the provisions of a certain Agreement of Lease dated as of October 3, 1978,as amended May 17,2005,May 31,2006, September 17, 2013 and December 1, 2015 (collectively the "Lease"), by and between Lakeview, as Lessee, and the City of Meridian, a municipal corporation of the State of Idaho, as Lessor, as disclosed by Memorandum of Lease Agreement recorded August 19, 1999 as Instrument No 99083801, official records of Ada County, Idaho. B. Lakeview wishes to assign and transfer to District all of Lakeview's interest in the Lease and all leasehold improvements located on the premises described therein to District. NOW THEREFORE,that for and in consideration of the mutual promises, covenants and agreements contained herein, the Lakeview hereby agrees as follows: 1. ASSIGNMENT OF LEASE. Lakeview herby assigns and transfers to District all of Lakeview's right,title and interest in and to the Lease,the premises subject thereto, and all leasehold improvements located thereon. 2. LAKEVIEW'S INTEREST. Lakeview reaffirms to the District the representations and warranties made with respect to the Lease pursuant to the Asset Purchase Agreement dated October 23, 2020. This Assignment is delivered pursuant to Section 4.2.6 of the Asset Purchase Agreement dated October 23, 2020, and shall be construed consistently with the Asset Purchase Agreement. Capitalized terms used in this instrument shall have the meanings given them in the Purchase Agreement. [SIGNATURES ON FOLLOWING PAGE] ASSIGNMENT OF LEASE—Page I IN WITNESS WHEREOF, Lakeview has subscribed its name the day and year first above written. LAKEVIEW MERIDIAN INVESTORS, LLC By OAAS LANEY, LLC, its Manager By Whiterock Investments, LLC, its Member By: Mana By Laneyland, L.P. s Member By: en H. , Ge al Partner 2501 ASSIGNMENT OF LEASE—Page 2 STATE OF IDAHO, ) ) ss. County of Ada ) On this day of November, 2020, before me, a Notary Public in and for said State, personally appeared STEVEN H. LANEY, known or identified to me to be the General Partner of Laneyland, L.P., the limited partnership that executed the instrument or the person who executed the instrument on behalf of said limited partnership, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ERIN A.OUENZER COMMISSION#46609 NOTARY BLIC, State of Idaho NOTARY PUBLIC Residing at: �YN Q� , Idaho STATE OF IDAHO Commission expires: 109. ?11D z;A► STATE OF IDAHO, ) ) ss. County of Ada ) On this `y • day of November, 2020, before me, a Notary Public in and for said State, personally appeared T. ERIK OAAS, known or identified to me to be the Manager of Whiterock Investments, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. If'Ni� NOTARN71PUBLIC, State of Idaho ERIN A QUENZER Residing at: M , Idaho COMMISSION#46609 Commission expires: pA � 202,E NOTARY PUBLIC STATE OF IDAHO ASSIGNMENT OF LEASE-Page 3