HomeMy WebLinkAboutCAG2001-0440 - Original - Lester James & Marla Grayson - Purchase of 13020 SE 251st St - East Hill Youth Service Complex - 12/03/2001 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN THE CITY OF KENT AND
LESTER JAMES AND MARLA GRAYSON
This contract controls the terms of the sale of real property.
(Please read carefully before signing)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Avenue South, Kent, Washington 98032-
5895, ("Buyer"), and Lester James and Marla Gra son" el a s" whose mailing address
is 13020 SE 251 Street, Kent, Washington 98031, for the sale and purchase of real R��>
property as follows
1. PROPERTY. The property, including all improvements and appurtenances
situated thereon, which Buyer agrees to buy and Seller agrees to sell, is
commonly known to be 13020 SE 251" Street, Kent, Washington (the
"Property"), and which Property is legally described in Exhibit A, attached
hereto and Incorporated herein by this reference A map indicating the
location of the Property is also attached as Exhibit B, incorporated herein
by this reference
2. EARNEST MONEY. Received from the Buyer, Ten Thousand Dollars and
No/100 ($10,000,00) as earnest money and part payment on the purchase
price of the following described real estate
PUR HASE PRIG h� total pu use rice o t e ert Is Twe-
�u TWD UI rie� and ✓2/I�OUSand ( liars and o loo � 46V
including#&A-�
.o earnest money, payable on closing 'T �—
4 CONTINGENCIES. This agreement is contingent upon,
d
(a) Acceptance of its terms by the Kent City Council,
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(b) Buyers review and approval of the title report on the property prior to
Closing
(c) Buyer's review and approval of Seller's information contained in the
REAL PROPERTY TRANSFER DISCLOSURE STATEMENT,
("Statement") as set forth in Exhibit C
The "Statement" shall be completed by the Seller within ten (10) days
from the date of mutual acceptance of the Agreement
(d) A Feasibility Study as follows
(1) Buyer shall have thirty (30) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole
and absolute discretion, If the Real Property is feasible for
investment and/or development by Buyer,
(2) Buyer's feasibility study may Include (but Is not llrrlted to) a
Phase I and/or Phase 11 environmental assessment, utilities
availability and capacity, access availability, zoning,
preliminary architectural and engineering studies, marketing
feasibility In the event of discovery of an environmental
condition on the property, prior to closing, either Seller or
Buyer may, at their sole option, terminate this Agreement
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(3) A Phase I environmental assessment generally will consist of
a review of title of ownership and land use, review of geologic
and hydrologic maps of the area, review of federal and state
databases for know hazardous water generators or
contaminated sites and a site visit. If the Phase I review
reveals the potential of a contaminated site, a Phase Il
environmental assessment may be conducted which generally
will consist of on-site sampling, including the digging or boring
of test holes for soil samples. If the Buyer elects, at Its sole
`discretion, to conduct a Phase 11 environmental assessment,
the feasibility study period will be extended for an additional
thirty (30) days upon prior written notice to Seller unless
otherwise agreed. BY EXECUTING THIS AGREEMENT,
SELLER HEREBY AUTHORIZES BUYER A RIGHT OF
ENTRY TO THE PROPERTY FOR THE PURPOSE OF
CONDUCTING THIS FEASIBILITY STUDY INCLUDING A
PHASE IF, AND IF NECESSARY, A PHASE II
ENVIRONMENTAL ASSESSMENT, SELLER WILL BE
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT
IS TO BE CONDUCTED
1
(4) Buyer agrees to conduct Its feasibility study at Its sole cost and
expense, and if Buyer does not remove the feasibility
contingency on or before the expiration of the feasibility
penod(s), then Buyer also agrees, If requested by Seller, to
deliver to Seller copies of all Information and documentation
obtained by Buyer In connection with Its feasibility study
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(5) If Buyer fails to notify Seller of its approval of the Real
Property, In writing, on or before the expiration of the feasibility
penod(s), then this Agreement t;hall be terminated and neither
Buyer nor Seller shall have any further rights, duties or
obligations hereunder, except that the Earnest Money held in
Great American Escrow, by Buyer to Seller shall be
Immediately returned to Buyer Buyer agrees to return the
Real Property to Its original state (I e , fill all boring holes, etc )
e) Seller`s removal of all personal property prior to closing.
Should any of these contingencies set forth above not be met or removed prior to
closing, then this Agreement shall terminate except neither Buyer nor Seller shall
_Wave any fu her Ights, duties or obligations hereunder, except that the Earnest
f. RtMa cP auI
oney held I fee by Buyer to Seller shall be Immediately
returned to Buyer,
5. CONVEYANCE AND CONDITION OF TITLE, The title to the Real Property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed,
free and clear of all liens, encumbrances or defects except those described
In Paragraph 6 below
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6 TITLE INSURANCE. At Closing, Seller shall Cause Pacific Northwest
Title, 1201 Third Avenue, Suite 3800, Seattle, Washington 98101-3055, to
1 issue an extension from owner's policy of title insurance to Buyer in an
amount equal to the total purchase price of the Real Property, and
insuring the Real Property be discharged by,Seller shall be paid from
funds at Closing For purposes of this Agreement, the following
�l IDpilo l�� shall not be deemed encumbrances or defects: rights reserved and
Pcc 1 T federal patents or state deeds, building or use restrictions consistent with
current zoning, and utility and road easements of record If title cannot be
Iv�SuM Y)a - made so Insurable prior to the Closing date called for herein, unless,
Buyer elects to waive such defects or encumbrances, this agreement shall
mn terminate.
�(1 7. CLOSING�COSTS AN , PRO-RATIONS. The cost of escrow shall be � �
c� C"(o51✓1��"e , except those fees that are expressly
limited by Federal Regulation, �� 1
_staw,p,r. Seller shall claim an exemption from real estate excise tax under t�
WAC 458-61-420. Taxes for the current year, rents, interest, Association,
Condominium and/or Homeowner's fees, water and other utility charges, if
any, shall be pro-rated as of ate of closing unless otherwi a aggr�eed $ Y
6yq(ee
�� s -t-o prcuu.l1 cc �t✓i lows�p som Pc13VneA of 3 oo in
r�1ocuff avAfStMIc_ +6 Belles•
8 CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FO TH GBCEMENT, this sale shall be closed by
February 17, 2002, 0hlch so be the termination date of this
agreement unless said closing date is extended in writing by mutual
agreement of the parties. When not if the Buyer and Seller will de o I
rt
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all instruments and monies required
to complete the transaction in accordance with this agreement. Closing, for
w the purpose of this agreement, is defined as the date that all documents are
executed and the sale proceeds are available for disbursement to the Seller
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9. CASUALTY LOSS. If prior to closing, improvements on said premises shall
be destroyed or materially damaged by fire or other casualty, this agreement,
at option of the Buyer, shall become null and void MM ll
10. POSSESSION. Buyer shall be entitled to possession on closing
11. SELLER'S REPRESENTATIONS. Seller represents \\� }
(a) that he/she will maintain the property and yard in present or better
condition until time of agreed possession,
(b) that he/she has no knowledge or notice from any governmental
agency of any violation of laws relating to the subject property
except
(c) that the property is not encumbered by any leases
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that to the best of his/her knowledge that helshe is not aware of existence
of, or has caused or allowed to be caused, any environmental condition
arising or occurring during Seller's ownership of the Property (including,
without limitation, a spill, discharge or contamination). This provision shall
survive the closing
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13. SELLER'S INDEMNITIES. Seller agrees to Indemnify and hold harmless the
Buyer, against any and all damages, losses, liabilities, judgments,
assessments, and expenses and costs, including reasonable legal,
accounting, consulting, engineering and other fees which may be incurred
by Buyer, or asserted against Buyer, by any other party or parties (including,
without limitation, a governmental entity), arising out of any environmental
condition existing as of and/or prior to the closing date, including the
exposure of any person to any such environmental condition, regardless of
whether such environmental condition or exposure resulted from activities of
Seller or Seller's predecessors in interest. This indemnity shall survive the
closing and be in addition to Seller's obligation for breach of a representation
or warranty as may be set forth herein
14. ABANDONMENT OF PERSONAL PROPERTY. Any personal property
located on the premises as of the closing date shall be deemed to have been
abandoned by the Seller, and shall be disposed of by the Buyer as
determined by the Buyer, and at Seller's expense
15. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S
SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST
PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST
MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SELLER
INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED
DAMAGES, AND SO AS TO AVOID OTHER COSTS AND
EXPENSES TO EITHER PARTY IN CONNECTION WITH
POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DEFAULT
BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR
ESTIMATE OF ACTUAL DAMAGES
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(b) Seller's Default IF SELLER DEFAULTS HEREUNDER, BUYER
SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT
LAW OR IN EQUITY.
(c) Attorneys Fees and Costs. In the event of litigation to enforce any
of the terms or provisions herein, each party shall pay all its own costs
and attorney's fees
16. NOTICE TO SELLER. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND
FINANCIAL -CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES If you do not understand the effect of any part, consult
your Attorney before signing
17. NON-MERGER, The terms, conditions, and provisions of this Agreement
shall not be deemed merged into the deed, and shall survive the Closing and
continue in full force and effect
18. NOTICES. All notices required or permitted to be given hereunder shall be
in writing and shall be sent U S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below.
(a) All notices to be given to Buyer shall be addressed as follows-
John Hodgson, Director
Parks, Recreation & Community Services
220 4th Avenue South
Kent, Washington 98032-6695
Phone (253) 856-5100, FAX (253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows,
Lester James and Marla Grayson — UGCWI2 S
13020 SE 25160 Street
Kent, Washington 98031
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Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on
the day such notice Is personally served, or on the date of the facsimile
transmission, or on the third day following the day such notice is mailed in
accordance with this paragraph
19. ENTIRE AGREEMENT. This agreement, Including all incorporated exhibits,
constitutes the full understanding between Seller and Buyer There have
been no verbal or other agreements that modify this agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns, and the
terms, conditions and provisions of this Agreement shall survive the closing
of this transaction
21 DATE OF MUTUAL ACCEPTANCE. For the purposes of tnls Agreement,
the date of mutual acceptance of this Agreement shall be the last date on
which the parties to this Agreement have executed this Agreement as
Indicated below
22. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on
17
December 3, 2001 to accept the Purchase and Sale Agreement aa-writ "-,,
by delivering a signed copy thereof to the Buyer or the Buyers agent. If
Seller does not so deliver a signed Copy within said period, this Agreement
shall lapse and all right of the parties hereunder shall terminate
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth below
BUYER SELLERS:
THE CITY OF KENT LESTER JAMES and MARLA GRAYSON
BY By _t��A
v�t�
LESTER AMES
Its Mayor P" -rP M Its. Owner
Dated 63_ 0 Dated U
By �GJtie �\raF � e
MARLA 6RAYSON l� \
Its Owner
A1PEROVEDA&ZjqIIFOR ATTEST TO.
ROGER A LUBOVICH BRENDA JACOBE
CITY ATTORNEY CITY CLERK
Contract/Purchase & Sale 10 of 10 11/21/01
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LEGAL DESCRIPTION Exhibit A
ABBREVIATED LEGAL DESCRIPTION,
STIR 212205 TAX LOT 133 W 84 FT OF E 484 487 FT OF N 120 FT OF S 490 FT OF
NE '/< OF SE /4 LESS POR SWLY
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Legal Documents
James/Grayson Property Legal Description
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EXHIBIT B
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W A 0. Form N. DJ N.r»wNnt Mumye ueaig awac
R.• Naa R.EAI PROPERTY TRANSFER DISCLOSURE STATEMENTt ALL RIGHTS RESERVED
P+a.t a s P.B.,
t To be used in transfers of residential reat property,mC_udirg cuiti-family dWCMrgs up to four units, new eonstructi", condwnimums not
subject to a public offering statement and certain o*ncsiiams See RCW 64 06 for further explanW
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INSTRUCTIONS TO THE SELLER Please complete the following form Do not IcAvc any spaces blank If the question ulcady doe Property write"NAV, If the
Answer is 'yc:'to any asterisked(s)ncm(s),please expintn on attached shects Please refer to the line number(s) of the questton(s)'when you
provide your explanation(s) For your pmtccuon yos ml 'date and tmtial eacli page of this dilGlGsurc statement and each attachment Delivery I
of the disclosure statement most occur not later than five (5) business days, unless otherw)se agreed, after mutual acceptance of a written
purchase and sale agreement between Buyer and Scacr
NOTICE TO THE nUYER
THE FOLLOWING DISCLOSURES ARE MADE BY rHE SELL ER(S).CONCERNING THE CONDITION OF THE PROPERTY LOCATED Al 1t
1� n�a SO- 215r 54
CITY F " :L�-r COUNTY K==I"cs. ("THE PROPERTY") OR AS LEGALLY DE. 1
SCR(REDONTHEATTACHEDFXHIBITA DSCLOSU:�ES CO\TAINED INTHIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF 1
SELLER'S ACTUAL KNOWLEDGE OF TFIE PROPER'YATTHETIMS THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER YOUHAVR 1
THREE (3) BU5[NESS DAYS (UNLESS BUYER AND 5E_'.I,FR AGREE CTITRWISE) FROM THE SF,I LER'S DELIVERY OF THIS SELL FR'S 1
DISCLOSURE STATEMENT TO RFSCIN11 YOUR AGREFMENI BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT Oh 1
RESCISSION IU TI IE SELI SR,UNLESS I OU WAIVETH"S RIGH I AT OR PRIOR TO ENTERING INTO A PURCHASE AND SALE AGREBIVIEN f 1
THE FOI,I,OWING ARE DISCLOSURES MADE BY THB SELLER AND ARE NOT TFIE REPRESENTATIONS OF ANY REAL ESTATE LTC- 1
ENSEE OR OTHER PARTY THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN ,
AGREEMENT BETWEEN THE BUYER aNDTHF SEl I PR 2
FOR A MORE COMPREHENSIVE, EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN 2
AND PAY FOR THE SERVICES OF A QU ALIFIED S-ECiAUS 170 INSPPCT THE PROPERTY ON YOUR BEHALF,FOR EXAMPLE,ARCHI 2
TECTS ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT 2
INSPECTORS THE PROSPECTIVE BU'TERkNDTF!E OWNER MAY WISH TO OBTAIN PiROFFSS(QNALADVtCE OR INSPECTIONS Or 2
THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY AD 2
VICE,INSPECTION,DEF15CTS OR WARRANTIES 2
Seller❑is!❑is not occupying the proprrly 2
I. SELLER'S DISCLOSURES 2
.if you answer"Yes"to a question with an as'ense.(•),then attach a copy or explain If necessary,use an attached Aheet 2
1, TITLE YFS NO DON'T 2
KNOW 3
A Do you have legal authority to sail the profert)I Q Cd ❑
•B Is title to the property subject to any of the to! owing' _
(1) First right of rcfusal ❑
(2) Option p U
(3) Lease or rental agreement U g U -
(4) Life estate ❑ / ❑
'C Are there any encroachmcnts,boundary agreements,or boundary disputes'/ CI Q' p
•D Are there any rights of way,casamcnts,or access limitations that may affect the a ❑ ❑
owner's use of the property'
"E Am there any written agmcmcau for joint maintenance of an easement or right of way, ❑ a'! ❑ -
'F le there Rny study,survey pmjeea or notice that would adversely affect the property, ❑ V/ ❑
*G Are there any pending or existing assessments against the property, U I( ❑
•H Are there any zoning vtolanonS.nonconfGnniag uses,or any unusual restrictions on the q red Cl
subject property that would affect future constiuctien or remo
deling'?
SELLER'S INITIALI A ) DATE 12 — r— 1 — C7 1 SELLER'S INITIAL. DATE- • — C
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