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HomeMy WebLinkAboutLa Nueva Estrella LLC Termination 2019_.,,, TERMINATION OF LEASE AGREEMENT TIDS TERMINATION OF LEASE AGREEMENT ("Termination Agreement") is made by and between the City of Pasco ("Landlord") and La Nueva Estrella, LLC ("Tenant"). WHEREAS, Landlord and Tenant previously entered into a Lease Agreement dated December 8, 2016, for premises located at 535 1st Avenue, Pasco, Washington 99301 (the "Premises"), for a term ending on December 31, 2018 (the "Lease Agreement") a copy of which is attached hereto as Exhibit A; and WHEREAS, Tenant has violated Lease Agreement Sections 2 and 16. 7 (void Lease assignment); and WHEREAS, Landlord and Tenant have come to a mutually agreeable outcome with regards to the violations of the Lease Agreement and termination of the Lease; and WHEREAS, Landlord and Tenant mutually agree to terminate this Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties, intending to be legally bound, hereby mutually agree as follows: 1 Termination. Landlord and Tenant hereby agree that the Lease Agreement will terminate effective as of July 23, 2018 (the "Termination Date"). Tenant will deliver and surrender possession of the Premises to the Landlord no later than 5:00 p.m. on the Termination Date. 2. Security Deposit. Any security deposit or balance thereof paid by Tenant shall be returned to Tenant in accordance with the terms of the Lease Agreement. 3. Lease Obligations. All terms and obligations under the Lease Agreement shall remain in full force and effect through the Termination Date. 4. Notices. Anynotice and any remaining security deposit shall be forwarded to: Pedro Martinez, President/General Manager LA NUEVA ESTRELLA, LLC 535 N 1st Ave Pasco WA 99301 5. Mutual Release. On the Termination Date, Landlord and Tenant shall be fully and unconditionally released and discharged from all claims and obligations arising out of the Lease Agreement. 6. Governing Law. This Termination Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to the conflict oflaws and principles thereof. Termination ofLease Agreement-I /@7/ 7. Miscellaneous. This Termination Agreement shall be binding upon and inured to the benefit of the Parties and their respective heirs, successors and assigns. The provisions of this Termination Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the Agreement. For the purpose of this Agreement, time is of the essence. IN WITNESS WHEREOF, the Parties hereto h ~executed or caused this instrument to be executed the ~ day of ~~ , 2018. LANDLORD: TENANT: :cy ~~ aveni La Nueva Estrella, LLC By: Padro M«z:6-:--?vL ,a. Pedro Martinez, President/General Manager DCUle. Z..a.bd l ~ ,H;u: A;a(2, 2.. }v;,. L Printed Name Printed Name s / 1 / te Date 261 /2;, Date STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me DA VE ZABELL, City Manager for the City of Pasco, Washington, 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. GIVEN under my hand and official seal this _:]__ day of ftU ~:Z:: , 2018. Notary hbllc 1tateorw •• ..,_ SANDY L KENWOR'rtfy MY COMMISSION EXPIRES !'ugust7,2019 County of Franklin ) :ss ) Notary Publi~d for the State of Washington Residing at ~Co My Commission Expires _ On this day personally appeared before me PEDRO MARTINEZ, President/General Manager of La Nueva Estrella, LLC., 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. NotaryPubDc and and official seal this Qi_ day of :.J:::(,) I 'j, , 2018. ~ rl, (/ ---;/_Ju_ It WVL r State ofWashlngta SANDY L KENWORTHY MY COMMISSION EXPIRES August 7, 2019 Termination of Lease Agreement-2 in~d for the State of Washington Residing at f' t2SC O . My Commission Expires ¥ / '7 f / °J I I