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KMP Assignment of Warranties AgreementASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS AND CLAIMS FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in connection with the development of the Julius M. Kleiner Memorial Park in Meridian, Ada County, Idaho ("Park"), Eugene M. Kleiner, Michael E. Huter, Elden E. Gray and Michael B. Kleiner, as Co -Trustees of The Julius M. Kleiner Memorial Park Trust, UTA Dated April 5, 2007, as amended, whose mailing address is c/o Michael E. Huter, Co -Trustee, 217 W. Georgia Ave., Suite 100, Nampa, Idaho 83686 ("Assignor"), hereby transfers, assigns and sets over, without warranty, unto the City of Meridian, a municipal corporation of the State of Idaho, whose mailing address is 33 East Broadway Avenue, Meridian, Idaho 83642 ("Assignee"), its legal representatives, successors and assigns effective as of this day of 2012, all of the Assignor's right, title and interest in and to (i) any and all warranties and guaranties of any kind, express or implied, made or furnished by the architects, engineers, contractors, subcontractors, manufacturers, suppliers or vendors of any services provided and/or material used in construction of the improvements on the Park, (ii) all rights and benefits under any contract for services or supplies entered into by the Assignor in connection with the development of the Park, and (iii) any claims against any architect, engineer, contractor or subcontractor of the Park for breach of contract, warranty or otherwise, including any and all rights to enforce the same and recovery of attorneys' fees thereunder (collectively "Warranties, Contracts and Claims"). Assignor agrees to work with Assignee to enforce any and all such Warranties, Contracts and Claims. [Signature on Following Pages] ASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS, AND CLAIMS. 42340.0004.4788229.1 IN WITNESS WHEREOF, this Assignment of Warranties, Guaranties, Service and Supply Contracts, and Claims has been executed by Assignor, this 1 h day of 1 2012. j THE 7ULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5 07 By: L NOTARY N. L a a PUBLIC �y•y a•: p: 0 ASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS, AND CLAIMS. 42340.0004.4788229.1 IN WITNESS WHEREOF, this Assignment of Warranties, Guaranties, Service and Supply Contracts, and Claims has been executed by Assignor, this day of , 2012. THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 By; • l \ Michael E. Huter, Co -Trustee ASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS, AND CLAIMS. 42340.0004.4788229.1 IN WITNESS WHEREOF, this Assignment of Warranties, Guaranties, Service and Supply Contracts, and Claims has been executed by Assignor, this day of /7571ST, 2012. „9u�r,, > J, a� y f, L; { tlYYYY4YY Y YYY V YYP THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 By: Z2 Elden E. Gray, Co -Trustee ASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS, AND CLAIMS. 42340.0004.4789229.1 IN WITNESS WHEREOF, this Assignment of Warranties, Guaranties, Service and Supply Contracts, and Claims has been executed by Assignor, this day of (,lam y 12012. THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 By: Michael B. Kleiner, Co -Trustee %0%111111111 0L L LEN " " NOTAlf pubLIC i Z ..ROH 0�v-i1 FOF W NS �``�� "'11111111%10 ASSIGNMENT OF WARRANTIES, GUARANTIES, SERVICE AND SUPPLY CONTRACTS, AND CLAIMS. 42940.0004.4788229.1