Loading...
HomeMy WebLinkAboutPK04-199 - Amendment - #2 - Don and Barbara Clasen - Purchase of Parcel Numbers 3422059187 & 3422059192 - 07/16/2003 ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM TWO between DONALD CLASEN and BARBARA CLASEN ("Seller") and the CITY OF KENT ("Buyer"), a Washington municipal corporation, amends that certain Real Estate Purchase and Sale Agreement entered into between Seller and Buyer on or about the 8tnday of October, 2002, as amended by the First Addendum, dated November 8, 2002 ( collectively, the "Agreement") The Seller and Buyer agree as follows 1. The Closing Agent will be changed to Land America Transnation, whose address and telephone number is 14450 Northeast 29tn Place, Suite 111, Bellevue, Washington 98007, (425) 628-2794, in order to be consistent with the Real Estate Purchase & Sale Agreement to be entered into between the Buyer and Northwest Housing Guild, LLC (the "NWHG Agreement") 2. Section 7 of the Agreement shall be amended as follows 7. CLOSING OF THE SALE a WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within thirty (30) days of the Buyer obtaining approval of the preliminary plat and the planned unit development described in Section 3(d)(i) of the NWHG Agreement unless said Closing date is extended in writing by mutual agreement of the parties ("Closing") A copy of Section 3(d) of the NWHG Agreement is attached as Exhibit 1. Notwithstanding the above, however,Buyer will,in good faith, employ its best efforts to close this sale no later than February 15,2004,unless an appeal is filed Z25 1051% AV&. NG,, Styr. miss Wh notified, the Buyer and Seller will deposit, without delay, in escrow wi Land America Transnation, whose address and telephone number is n Bellevue, Washington `1800q! 5899`P (425 all instruments and monies required to complete the transaction in accordance with this Agreement By Closing all documents 64fi'OV5 will be executed and the sale proceeds will be available for disbursement to the Seller at that time In the event that Buyer has not obtained approval of the preliminary plat and the planned unit development described in Section 3(d) ("Contingencies") of the NWHG Agreement by June 15, 2004, this Agreement shall be terminated and the termination provisions in Section ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT- 1 (July 9 2003) (between Don and Barbara Clasen and City of Kent) 3.A.(iii) below shall apply, however the parties may, by mutual written agreement, extend this time to obtain preliminary plat approval 3. The following contingencies must be satisfied for the extension of the Closing date in the preceding paragraph to apply A Purchase Price and Termination (i) Buyer shall enter into a Real Estate Purchase and Sale Agreement by July 18, 2003, with Northwest Housing Guild (the "NWHG Agreement") whereby Northwest Housing Guild ("NWHG")is the purchaser described in subsection 4(g) of the Agreement The purchase price in the NWHG Agreement shall be One Million Eight Hundred Fifty Thousand and No/00 Dollars ($1,850,000 00) The purchase price is based upon the City of Kent approving the preliminary plat of the Property for a mimmum of forty- mne (49) lots Should the number of lots approved be less than 48 lots, then the purchase price shall be decreased by $33,333 33 per lot less than 48 lots not approved Should the number of lots approved be more than 49 lots, then the purchase price shall be increased by $33,333 33 per extra lot in excess of 49 lots approved If the number of lots approved falls below 45 lots this Agreement shall be terminated and the termination provisions in Section 3 A (in) below shall apply (u) If Buyer fails to execute a Purchase and Sale Agreement with NWHG, the Buyer may propose another purchaser to Seller, but Seller has no obligation to so amend this Agreement to include a purchaser other than NWHG should such an amendment, in Seller's sole discretion, not be acceptable. If a Purchase and Sale Agreement has not been executed with NWHG by July 18, 2003, and Seller has not agreed to another purchaser by August 10, 2003, this Agreement shall be terminated and the termination provisions in Section 3 A (in) shall apply (rii) In the event this Agreement is terminated, neither Buyer nor Seller shall have any further rights, duties, or obligations under the Agreement, except that the refundable earnest money should be returned to Buyer per the terms of subsection 4(h) of the Agreement and, per subsection 4(f) of the Agreement, all documents (including, without ADDENDUM TWO TO REAL ESTATE _r PURCHASE AND SALE AGREEMENT-2 (July 9 2003) ��J` (between Don and Barbara Clasen and City of Kent) limitation, drawings, designs, and specifications provided by NWHG's agent, the Mithun Company), permits, approvals, and other property and rights associated with the approval of the subdivision owned by Buyer (the "Development Rights") shall become the sole property of Seller, and Buyer agrees to execute any and all documents which may be necessary to effectuate any transfer of Development Rights to Seller Seller acknowledges that Buyer cannot transfer documents owned by NWHG or any other third party. B Lease The NWHG Agreement shall include a provision whereby NWHG agrees to lease to Seller the house located on King County Tax Parcel No 3422059187 rent free for ninety (90) days after Closing The lease to be executed by Seller and NWHG is attached as Exhibit 2 As a condition of executing this lease, Seller will name NWHG as an additional insured for the residence in amounts no less than $2,000,000 00 liability and $300,000 replacement coverage for the dwelling unit h1 addition, Seller reserves its right to lease, but not sublet, the white house located on King County Tax Parcel No 3422059192 in section 10 of the Agreement, rent free, for up to one year from the date of closing. C Salvage The NWHG Agreement shall also include a provision whereby Seller is allowed to salvage the following items: all fences on the Property, the red bam, the"old"loafing shed, any small plants on tax parcel number 3422059187, and any personal property or fixtures from the white house on parcel number 3422059192 The Seller will have not less than ninety days to complete the above-referenced salvage (the "Salvage Period'), however, the Salvage Period will not commence until the Buyer, through its purchaser, NWHG, provides the Seller tlurty (30) days prior written notice of the commencement of the Salvage Period. 4 Section 4(h)of the Agreement shall be amended as follows (h) Should either the contingencies in 4(0 or 4(g),not be satisfied prior to Closing, or the contingencies in 4(a), 4(h), or 4(1)not be satisfied by their deadlines, then tlus Agreement shall temunate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, other than the obligation of Buyer to indemnify and hold Seller hamiless set forth in subsection 4(d). In such event Buyer shall deliver to Seller copies of all information and documentation obtained by Buyer in connection with obtaining preliminary approval for a subdivision, and the refundable portion of the earnest money shall be returned to Buyer As part of the consideration for keeping the Property off the market for a extended period of time, Seller shall not be required to return the refundable portion of the earnest money until closing of a sale of the real property described in Deed of Trust attached as Exhibit C to the Agreement, or one year from the date the Buyer's NWHG Agreement is terminated, whichever is first Should the refundable portion of the earnest money not be ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT-3 (July 9 2003) „Q (between Don and Barbara Clasen and City ofKenf) returned to Buyer within thirty (30) days of the termination of this Agreement, Seller shall secure the refundable portion of the earnest money with the Promissory Note and Deed of Trust attached as Exhibit C, incorporated herein by tlus reference executed with respect to the real property contained in the subdivision the subject of the 4(f). 5 By executing this Addendum Two, Seller hereby authorizes NWHG a Right of Entry onto the Property for the purpose of conducting a Feasibility Study 6. Although the Agreement expired by its terms on May 1, 2003, this Addendum constitutes a novation of the Agreement, and all acts consistent with the Agreement are ratified and confirmed Except as amended by this Addendum Two, all provisions of the Agreement shall remain in full force and effect 7 Exhibit D, the lease between the Buyer and Seller, to the Agreement shall be amended as underlined in the version of Exhibit D attached to this Addendum Two These amendments are necessary to take into account construction that may be in progress while the lease is in effect and to extend the term of the lease to be in accord with this Addendum Two 8 Facsimile signatures on this Addendum Two will be considered originals IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two,which shall take effect on the last date signed below BUYER: SELLERS: CITY OF KENT DON CLASEN By C a— , Ji ite, Ma or _ �3 Date Dated 7 APPROVED AS TO FORM: BARRiBARA CLASS/E/N Kim Adams Pratt, Assistant City Attorney Dated- '7 —O-5 Dated 7'//v -6 3 P\ tyd nL OWFsksW6/1Udd u TWIMMA FWA Cla 07003 Mc ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT-4 (July 9 2003) (between Don and Barbara Clasen and City of Kent) Exhibit A Paragraph 3(d)from the NWHG Agreement 3. (d) (i) Seller obtaining preliminary plat approval and approval of a planned unit development based upon Buyer's Planned Unit Development Proposal for Eagle Creek, Exhibit B, and Buyer's Conceptual Site Plan and City Park, Exhibit C, which are subject to changes mutually agreed upon by the parties, but in no event shall the preliminary plat approval and approval of a planned unit development fall below 45 lots (h) Seller agrees to pay the application fees and other costs associated with the process of obtaining preliminary plat approval and approval of the planned unit development. Seller agrees to pay for and provide the necessary drawings and any modifications of those drawings needed to obtain preliminary plat approval and approval of the planned unit development Buyer agrees to reasonably cooperate and participate in Seller's efforts to obtain preliminary plat approval and approval of the planned unit development Should the Closing not occur for any reason whatsoever, all documents (including, without limitation, drawings, designs, and specifications provided by Buyer's agent, the Mithun Company), permits, approvals, and other property and rights associated with the application for preliminary plat approval and approval of the planned unit development (the "Development Rights") shall become the sole property of Seller, and Buyer agrees to execute any and all documents which may be necessary to effectuate any transfer of the Development Rights to Seller. April 23, 2003 City of Kent Parks, Recreation & Community Services 220 Fourth Ave So, Kent, WA 98032 Mr Perry Brooks - Park & Open Space Planner Mr. Kurt Hansen— Service Planner Community Development Re Eagle Creek, Planned Unit Development Proposal Dear Perry and Kurt. Thank you for allowing Northwest Housing Guild the opportunity to participate in the purchase of the future of the Eagle Creek Planned Unit Development It is our strong belief that together with our team of the Northwest's leading companies and the City of Kent that we can share in the creation of a special community at Eagle Creek As a company, our desire is to create a community of affordable lifestyle choices and amenities for the citizens of our area. Therefore, we have established our offering price at $1,850,000 for the total purchase price of Eagle Creek Planned Unit Development This figure is based on a total of 48 buildable lots,with existing house to be upgraded to match the new housing styles and remain in it's present location. This total number of buildable lots is based on the following criteria 1) 23 —front-load, single family homes on lot sizes 50' wide by 66' deep 2) 25 —alley lots, single family homes on lot sizes 34' wide by 80' deep As a company it is our desire to create a community of affordable lifestyle choices and amenities for the citizens of our area We will offer a number of different styles and spacious floor plans, thereby creating a community of many choices Our homes w-li range in size from approximately 1700—square feet. They will feature 3 — 6 bedrooms, some with master bedrooms on the main floor, 2-3 bathrooms, some with bonus rooms, 2 fireplaces per home (living room & master bedroom suite), high tech wiring. 2 & 3 car garages,tiles,hardwoods, 6 panel raised white doors, front poi ches, premium siding, pj landscaping and private rear yards and courtyards EXHIBIT "B" By using these particular Iot sizes and house styles, it allows us the freedom to incorporate the maximum amount of open space within the Eagle Creek Community. As you will notice on our attached site plan, we have located the requested one acre park on the frontage of 282"d street, with the park divided into sections at the entrance In addition we are able to include approximately 225,000 square feet of additional park/open space throughout the community Finally,we have also included a continual 50' wide road joining the entire community, thereby providing safe community access to all areas of Eagle Creek This site plan was done in conjunction with Mr Bill Kreager and Jeff Wagner of Mithun Architects, and we know it will give the community an open, fresh, real and natural feeling Also enclosed for your review is our Preferred Plan brochure This is a unique program I developed as an entrepreneurial businessman over 25 years ago Simply put, this program affords the homebuyer the opportunity to close on the purchase of their new home prior to construction This affords the homebuyer many benefits as outlined in the brochure Most importantly it allows the lomebuyer to truly "customize" their new home to suit their lifestyle instead of being locked into the typical "cookie-cutter" style spec lio,me. Listed below arc Just a few of our team members that we have partnered with over the years that would be very instrumental in the development and success of Eagle Creek 't Weyerhauser Realty Investors —Doug Yost, Equity Tnvestments Mithun Architects— Bill Kreager. Planning & Site Development J3argbausen Engineers—Tom Barghausen, Engineering Site Development Homestreet Bank— Bob Pascal, A&D/Construction/Permanent Financing Washington Federal Savings— Charles Richmond, Director Real Estate Lending Coldwell Banker Real Estate — Bradley Running, Marketing Manager for Northwest Housing Guild LLC Again, our entire staff and partners would very much welcome the opportunity in conjunction with the City of Kent to make planned unit development something unique and special J£you should have any questions or concerns about our company and it's team members, please reference the letter and information you received from me dated April 7, 2003. We will anxiously await your reply. Smcerel iff unntn,g orthwest Housing Guild LLC t k f r �IVr^^ ri r ir 77 I I r i } 1 Exhibit 2 LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the NORTHWEST HOUSING GUILD LLC, a limited liability company organized under the laws of the State of Washington, hereinafter called the "Owner", and DON CLASEN and BARBARA CLASEN, husband and wife,hereinafter called the "Tenant" 1. PREMISES The Owner hereby lets and leases to the Tenant the house located on King County Tax Parcel No. 3422059187. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. Tenant recognizes that construction of a planned unit development will be proceeding in all areas surrounding the premises on King County Tax Parcel No. 3422059192 and 3422059187 Tenant agrees that access to the premises may be relocated from its present configuration during the term of this Lease 2. USE Tenant shall use the premises for a personal residence. No use shall be made of premises, nor act done in or about premises,which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises. Tenant shall not commit or allow to be committed upon premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the premises 3. TERM The term of this lease shall be for 90 days from the closing of the Purchase and Sale Agreement between Owner and the City of Kent. 4. RENT The rental value of the premises was included in the consideration of the sale between Owner and the City of Kent and the sale between Tenant and the City of Kent. Therefore,no further rent will be collected. 5. TAXES Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. G LEASE AGREEMENT—Page 1 of 6 (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) 6. RE-DELIVERY Tenant, at the expiration of the term in section 3, any extension of the term, or upon any sooner termination of this Lease, will, without notice, quit and deliver up said premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner,reasonable use and wear thereof excepted. 7. CONDMON OF THE PRENHSES The parties acknowledge that the premises are being leased to Tenant for Tenant's convenience. The premises are being leased"as is" Owner is not obligated to make any repairs to the premises. All necessary repairs to maintain the condition of the premises, minus reasonable wear and tear shall be paid by Tenant. 8. REPAIRS AND ALTERATIONS Tenant shall not make any alterations, additions or improvements to said premises, without the consent of Owner in writing first, which shall not be unreasonably withheld. All alterations, additions and improvements that are made, shall be at the sole cost and expense of Tenant All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant to remove at termination. If the Tenant shall perform work with the consent of the Owner, Tenant agrees to comply with all laws, ordinances,rules,regulations of the appropriate City or County, and any other authorized public authority The Tenant further agrees to save the Owner free and harmless from damage, loss or expense ansing out of the said work. Tenant agrees that Owner has the right,but not the duty,to make alterations to the premises. 9. UTILITIES Tenant shall pay for all utilities provided to the prenuses 10. INSURANCE The Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may anse from or in connection with Tenant's use of the premises. Tenant shall name Owners as an additional insured on this policy, subject to notice to Owner thirty (30) days prior to cancellation. Tenant's insurance shall be in amounts no less than $2,000,000.00 liability and$300,000.00 replacement value for the dwelling unit 11. INDEAMFICATION/HOLD HARM LESS The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. LEASE AGREEMENT—Page 2 of 6 \}� (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. The provisions of this section shall survive the expiration or termmation of this Lease. 12. LIENS AND INSOLVENCY Tenant shall keep the leased premises and property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this lease or any part thereof and shall not let or sublet the whole or any portion of the premises. This lease shall not be assignable by operation of law. 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations. This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. Tenant also agrees to allow Owner or Owner's agents free access at all reasonable times to said premises for reasons associated with work being performed for the planned unit development. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same, Owner shall have not more than thirty (30) days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises, or the part so damaged as aforesaid If Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay If Owner elects not to repair or rebuild said premises this Lease shall be terminated. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail,postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below, or a later changed addressed provided in writing to the party: CLEASE AGREEMENT—Page 3 of 6 / (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) OWNER: Northwest Housing Guild,LLC Attn: Cliff Running,Managing Member 13110 NE 177d'Place,#118 Woodinville,Washington 98072 TENANT: Don and Barbara Clasen 13602 SE 282"d Street Kent, Washington 98042 (253) 631-3333 17. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this lease agreement, then the Owner may cancel this lease upon giving the notice required by law,and re-enter said prermses, using such force as may be required The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements,but the same shall be and remain in full force and effect 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney, or if Tenant shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this lease, the prevailing parry shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the leased premises, the Owner shall have the right, but not the obligation, to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.18 RCW LEASE AGREEMENT—Page 4 of 6 (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto 21. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy,such tenancy may be terminated as provided by the laws of the State of Washington During such tenancy Tenant agrees to pay to the Owner One Thousand Five Hundred Dollars ($1500 00) a month and to be bound by all of the terms, covenants, and conditions of this Lease, so far as applicable 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the subject premises, Tenant agrees to execute documents within three (3) days of the request of Owner to subordinate this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured parry or entity. 23. COMMUNICATIONS Tenant is responsible for all installation, operation and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses and charges for telephone equipment and line charges, line installation, inside wiring, re-configuration, and system repairs The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT: OWNER: DON CLASEN and BARBARACLASEN Northwest Housing Guild LLC, a limited liability company Husband and Wife By: DON CLASEN Print Name: Title BARBARA CLASEN Date Date: (Notary Public Acknowledgements Appear on Next Page) LEASE AGREEMENT—Page 5 of 6 (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) STATE OF WASHINGTON } ):ss KING COUNTY } On this day of 2003, before me a Notary Public in and for the State of Washington, personally appeared before me , to me known to be the , for the NORTHWEST HOUSING GUILD, LLC., a Washington limited liability company, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation, for the uses and purposes therein mentioned, and on oath stated that was duly authorized to execute such instrument. -Notary Seal Must Appear Within TPos Bos IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 2003, before me a Notary Public in and for the State of Washington, personally appeared DON CLASEN and BARBARA CLASEN, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires P�.1TIL S*pwR[.l6'l lLLeazeEk QA. n� LEASE AGREEMENT—Page 6 of 6 (between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003) EXHZBI/T " " 89'28' 19.. j � ( C GATE / f GATE � WOOD FENC 1 '/ ` — __ � cA�d (34 ` �� 33 4' 35B 4' ' OOD FE CE \ 3 2 _�� �340 SF = F N 6��� 4' W0013� 0 . 356-- —' -FENCE ,68 SF 3 - / 4 WIRE � F NCE ---354-_- CONC PAD iJ riENCE GA hti _ ft .. + � !E FENCE--_. h 4' WIRE) "'` `t.t. FENCE / 4' WOOD, � On ` FENCE \ "^� FENCE �3Aa WATER_/� \___� SPIGOT .4r,'=,�::.'.���ntc�:'=:tea::�1:_•. '�r�-^�'-r�•-:3i£�^.`.r�`c_ -, -a-�-S �� \�� ye;' e..r':ja;� rad:>}•.:.�..`�. �.+j..:�`.eta.='+.''.:= o- � \ n\ 4' WIRE FENCE -ONE� A :.� 4' yyVIIER \ \ =NCE `�i FENCE \ \�\ p -I i WIRE FENCE / WIRE FENCE 04 1 /` Exhibit D LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter called the "Owner", and DON CLASEN and BARBARA CLASEN,husband and wife,hereinafter called the "Tenant" 1. PREMISES The Owner hereby lets and leases to the Tenant the house located on King County Tax Parcel No. 3422059192 The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference Tenant recognizes that construction of a planned unit development and plat will be proceeding in areas surrounding the premises on King County Tax Parcel No 3422059192 and 3422059187 Tenant agrees that access to the premises may be relocated from its present configuration during the term of this Lease 2. USE Tenant shall use the premises for a personal residence, and shall be allowed to make reasonable use of the remainder of King County Tax Parcel 3422059192 for horse pasture, to the extent that it does not interfere with the construction of a planned unit development and plat proceeding on King County Tax Parcel No 3422059192, and for no other purposes without the written consent of Owner. No use shall be made of premises, nor act done in or about premises, which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises Tenant shall not commit or allow to be committed upon premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the premises. 3. TERM The term of this lease shall be for 365 days from the closing of the Purchase and Sale Agreement between Owner and Tenant,or O�kne 19, 2004,whichever is sooner f) Tune /�� C/ � 4. RENT The rental value of the premises was included in the consideration of the sale between Owner and Tenant for the premises. Therefore, no further rent will be collected ` 5. TAXES Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof LEASE AGREEMENT—Page 1 of 7 (between City of Kent and Clasen) 6. RE-DELIVERY Tenant, at the expiration of the term hereof or any extension thereof or upon any sooner termination of this Lease, will, without notice, quit and deliver up said premises to the Owner jpeaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner,reasonable use and wear thereof excepted. 7. CONDMON OF THE PREMISES The parties acknowledge that the premises are being leased to Tenant for Tenant's convenience. The premises are being leased"as is". It is the Owner's intent to destroy the premises once Tenant vacates. Owner is not obligated to make any repairs to the premises 8. REPAIRS AND ALTERATIONS Tenant shall not make any alterations, additions or improvements to said premises, without the consent of Owner in writing first, which shall not be unreasonably withheld. All alterations, additions and improvements that are made, shall be at the sole cost and expense of Tenant. All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant to remove at termination If the Tenant shall perform work with the consent of the Owner, Tenant agrees to comply with all laws, ordinances,rules,regulations of the appropriate City or County, and any other authorized public authority. The Tenant further agrees to save the Owner free and harmless from damage, loss or expense ansmg out of the said work. Tenant agrees that Owner has the right,but not the duty,to make alterations to the premises 9. UTILITIES Tenant shall pay for all utilities provided to the premises. 10. INSURANCE The Tenant shall procure and maintain for the duration of the Lease insurance against claims for injures to persons or damage to property which may anse from or in connection with Tenant's use of the premises and the remainder of the tax parcel for horse pasture. 11. INDEMNIFICATION/HOLD HARMLESS The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries �v and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24115,then, LEASE AGREEMENT—Page 2 of 7 (between City of Kent and Clasen) in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. The provisions of this section shall survive the expiration or termination of this Lease. 12. LIENS AND INSOLVENCY Tenant shall keep the leased premises and property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this lease or any part thereof and shall not let or sublet the whole or any portion of the premises. This lease shall not be assignable by operation of law. 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. Tenant also agrees to allow Owner,-or-Owner's agents, Northwest Housing Guild LLC, and its agents or assigns free access at all reasonable times to said premises for reasons associated with work being performed for the planned unit development—and plat on Kmg County Tax Parcel No 3422059192 and 3422059187. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same, Owner shall have not more than thirty(30) days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises, or the part so damaged as aforesaid. If Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay If Owner elects not to repair or rebuild said premises this Lease shall be terminated. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail,postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained Notices shall be mailed to the addresses tr below, or a later changed addressed provided in writing to the party LEASE AGREEMENT-Page 3 of 7 (between City of Kent and Clasen) OWNER: John Hodgson,Director Parks,Records and Community Services Department 220 Fourth Avenue S. Kent,Washington 98032 (253)856-5100 TENANT: Don and Barbara Clasen 13602 SE 282°d Street Kent,Washington 98042 (253) 631-3333 17. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this lease agreement, then the Owner may cancel this lease upon giving the notice required by law,and re-enter said prermses,using such force as may be required The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements,but the same shall be and remain in full force and effect 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney, or if Tenant shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Owner shall have the right, but not the obligation, to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, wC. with the right to sell such stored property in accordance with Chapter 59 18 RCW LEASE AGREEMENT—Page 4 of 7 (between City of Kent and Clasen) STATE OF WASHINGTON } }.ss KING COUNTY } On the day of 2003, personally appeared before me, to me known to be the for the CITY OF KENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation, for the uses and purposes therein mentioned, and on oath stated that was duly authorized to execute such instrument. -Notary Seal Must Appear Within Thu Ba IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of 2003, before me a Notary Public in and for the State of Washington, personally appeared DON CLASEN and BARBARA CLASEN, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires LEASE AGREEMENT—Page 6 of 7 (between City of Kent and Clasen) 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 21. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay a rate as agreed upon by the parties, and to be bound by all of the terms, covenants,and conditions as herein specified, so far as applicable. 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the subject premises, Tenant agrees to execute documents at the request of Owner to subordinate this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. 23. COMMUNICATIONS Tenant is responsible for all installation, operation, and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses, and charges for telephone equipment and line charges, line installation, inside wiring, re-configuration, and system repairs The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT: OWNER: DON CLASEN and BARBARA CLASEN NORTHWEST HOUSING GUILD,LLC Husband and wife. a limited liability company By: DON CLASEN Print Name Title , U BARBARA CLASEN Date- Date- (Notary Public Acknowledgements Appear on Next Page) LEASE AGREEMENT—Page 5 of 7 (between City of Kent and Clasen) APPROVED AS TO FORM: Kent City Attomey P�Qn1FR1'S10pniF'Jes`A6JIVsueEalubitD dac LEASE AGREEMENT—Page 7 of 7 (between City of Kent and Clasen) \�� 1 WIRE I / FENCE / 1,263 yF ice, / - /✓�/ I ( \�-yp� f t / / 15' B.S.B.L. 4' WIRE ,, - / FENCE 672 SF� \ 4I IR WETLAND BWNDAR \ � --5' WIRE FENCE/ 0' ROAD ESM1 + -�--- .00 / FIR C NO. 38842, - ----- ------- -�- -- - -- ` - - ' ATk � .,_..-- _4 �_-__ - -_ ___- x—.— E-35 _ 55dS—_-- 55—_—�O__ �` A —3Ci — . 282N D-----5 -------- -------- --------- ---------------� - os:5 8 45 336 -,/ --. HY -- EX F fIYD 30' OAD ESMT 7 { _ t IX DRIVE-WAY REC. 10. 3723788 �s eai � EXHIBIT "A"