HomeMy WebLinkAboutPK04-199 - Amendment - #3 - Don and Barbara Clasen - Purchase of Parcel Numbers 3422059187 & 3422059192 - 06/07/2004 Records Mp emae-7%
KE SIT Document
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name:�l"�l
Contract Number: d
This is assigned by Mary Simmons
Vendor Number:
Project Name: tJ`
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days): IV h�r
Number of days required notice for termination or renewal or amendment
Contract Manager:
Department:—PC),-
Abstract:
p IC
Wo
r1
n 1
ADCL7832 07/02 1 C_
ADDENDUM THREE TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS ADDENDUM THREE between DONALD CLASEN and BARBARA
CLASEN ("Seller's 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 8`, day of October, 2002, as amended by
Addendum One, dated November 8, 2002, and by Addendum Two, dated July 18, 2003
(collectively, the"Agreement').
The Seller and Buyer agree as follows:
1. Section 7 of the Agreement was amended in Addendum Two to provide in
part as follows:
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
3.A.(iii) below shall apply; however the parties may, by mutual written
agreement, extend this time to obtain preliminary plat approval.
The parties agree in this Addendum Three to extend the June 15, 2004, date to July 7,
2004.
2. The Buyer consents to the assignment of Northwest Housing Guild
L.L.C.'s interest in the Exhibit 2 Lease Agreement, attached to this Addendum Three,
from Northwest Housing Guild, LLC,to Heritage Eagle Creek, L.L.C.
3. Facsimile signatures on this Addendum Three will be considered originals.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum
Three,which shall take effect on the last date signed below.
BUYER: SELLERS:
CITY KENT DON CLASEN
By:
Jim te, a r
Dated: ' 7 en Dated:_ J un � , L
ADDENDUM THREE TO REAL ESTATE
PURCHASE AND SALE AGREEMENT- 1 (June 4,2004)
(between Don and Barbara Clasen and City of Kent)
APPROVED AS TO FORM: BARBARA CLASEN
By: Xu&k- rLAt �^---
Kent Law Department Dated: Q-1iy-O
Dated:
P W>&TaESOPMFda106711Adda&MM eaRM SA-051004 doe
ADDENDUM THREE TO REAL ESTATE
PURCHASE AND SALE AGREEMENT-2 (rune 4,2004)
(between Don and Barbara Clasen and Cary of Kent)
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", anal DON rr,ACFN send BARBARA Cf,ASFN;
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.
LEASE AGREEMENT—Page i of 6
(between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003)
s '
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. CONDITION 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". 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.
S. 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 acid
harmless from damage, loss or expense arising 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 injuries to persons or damage to property which may arise 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. 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
and damages caused by the sole negligence of the Owner.
�.l
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 io 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 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:
ri
LEASE AGREEMENT—Page 3 of 6
(between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13, 2003)
R
k
OWNER:
Northwest Housing Guild,LLC
Attn:Cliff Running,Managing Member
13110 NE 177d'Place,#118
Woodinville, Washing on 9E072
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 premises,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, 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 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 BARBARACLASEN Northwest Housing Guild LLC, a limited
liability company
Husband and Wife
By:
DON CLASEN Print Name:
Title:
BARBARA CLASEN
Date: Date:
v
(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 , �v
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 This Bar-
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 Sea!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-Ovil FRLES%DpcnFgMU71VI11Fd56i Zdm
LEASE AGREEMENT—Page 6 of 6
(between Northwest Housing Guild,LLC and Don and Barbara Clasen) (June 13,2003)
R
<< EXHZBZ�m+ n n p r�
GATE C7 • f
GATE WOOD FENC Nw
A � 7
PPRO _ ICA
'
33 4' '- / I
358 4' WOOD FE134B SF
r
\F
4' WOW--'
356_ _ i -rtNCE
1,68 SF'
1
4 '4 WIRE
F NCE /
TEL
\� Y ' T CONC • ' '`
PAD D
• r s Zi
CA
JE FENCE--__ f°
c
al\ 4' WIRE
FENCE 4 WOOD,
F
n' S
4' VARE
FENCE
3a$ Jt l
}{;?'WATER
•• SPIGOT
d`e..Nit it�'r'r.`4'�,.�e•✓i a-i�- a ��
a:a>C�aa `.sJ"t '1 ��,..Ey�.R
ij
4' SIRE . n
~FEKE
_oNEENGE
! FENCE
! WRE
\\
FENCE
`\
S�
AT i s6. /`' �-./ r / WIRE