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HomeMy WebLinkAboutPK04-248 - Other - Addendum Two - Heritage Eagle Creek, LLC (formerly Northwest Housing Guild, LLC) - Sale of Parcel Numbers 3422059187 & 3422059192 -06/24/2004 06/23/2004 16:45 3606682926 CLIFF RUNNING rHue ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM TWO between HERITAGE EAGLE CREEK, LLC. ("Buyer") and the CITY OF KENT ("Seller"), a Washington municipal corporation, amends that certain Real Estate Purchase and Sale Agreement entered into on or about July 15, 2003 (the "Agreement")and Addendum One dated June 14, 2004. The Seller and Buyer agree as follows: 1. The Buyer agrees to pay the Seller Twenty-five Thousand Dollars and No/100 ($25,000.00) at Closing for wetland mitigation plant material to be planted by Seller. 2. The parties acknowledge that under the Kent City Code, Buyer's development would be required to set aside property for park purposes or pay a fee-in-lieu of setting aside property in the amount of Twenty-seven Thousand and No/100 ($27,000.00). The parties agree that instead of paying the fee-in-lieu, Buyer shall perform the following on the City Park property described in Exhibit D to the Agreement and the wetland mitigation area described in the Conceptual Mitigation plan. 3. a) detrAolish the existing structures on the City Park property, b) grade the City Park property in accord with the grading plan provided by the City, and c) grade the wetland mitigation areas in accord with the Final Mitigation Plan, provided by the City. Buyer agreed to perform the above items by November 1, 2004, provided, however, that if the Y � p existing structures on the City Park property are occupied, Buyer agrees to complete the above mentioned tasks that have not been completed within thirty days (30) of the structures being vacated. 4_ The Buyer and Seller agree that the bond for wetland mitigation required by the Kent City Code will be the responsibility of the City of Kent Parks Department and not the responsibility of the Buyer. 5. The Buyer and Seller agree that the Buyer is responsible to prepare and complete the final wetland mitigation plan. 6. The Buyer and Seller agree that the Buyer will salvage trees from the Property designated by Seller and will place the trees in the wetland mitigation area to be used by Seller as part of the wetland mitigation. ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT (benveen 00,of Kent atd Heritage Eagle Creek LLC) — Page 1 of 2 (June 23,2004) 06/23/2004 16:45 3606682926 CLIFF RUNNING resat na 7. Section 6 of the Agreement provides in part as follows: "[I]n the event that Buyer has not obtained approval of the preliminary plat and the planned unit development described in Section 3(d) by June 15, 2004,this agreement shall be terminated, unless the parties,in writing, mutually agree to extend the time for approval and Closing." The parties agree to extend the June 15, 2004, date to July 7.2004. t i The Buyer and Seller agree that all new title shall be ordered thru Chicago Title and that closing shall take place with Chicago Escrow. This amends paragraphs 4, 5, and 6 of the Agreement. The address for Chicago Title & Escrow is 10500 NE 8t1, Street, Suitc 1760, Bellevue, WA 98004, Phone (425) 455-4995. Further. Buyer will be responsible for and pay any cancellation fees incurred from Land America Transnation, as a result of this amendment. 9. 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, SELLER: BUYER: CITY OF KENT >EIERITAG E CREEK, LLC. .Tim e, May r ! C iff R g Mcrnbcr Dated.FY/ ���� OSL Da O APPROVED AS TO FORM: By: Z(;� 12 - AaL- Kenj LawD�partment Dated: (p aZ —0� P%a+iRr[LCS10mnF,lwA7F}�Adim AimTw+RSK%622P1 dea ADDENDUM TWO TO REAL ESTATE PURCHASE AND SALE AGREEMENT (benveen City of Kent and Heritage Eagle Creek.LLC) — Pagc 2 of 2 (June 23,2004) 06/23/2004 16:45 3606682926 CLIFF RUNNING PAGE 01 Addendum'1 wo(includes Chicago Title amendment) Page 1 of 1 Subj Addendum Two(Includes Chicago Title amendment) Cop ECEIVE® Date: 6/23/2004 11 06:26 AM Pacific Daylight Time f- , Xmrrf. KPratt@ci.kent.wa.us JUN 2 3 2004 cliffrunning@AOL com CC PBrooks@ci kent.wa.us Kent City Attorney Cliff, I received the revised Addendum Two. Upon receipt of the Addendum Two with your note I realized that there were versions Perry was working off of and a version incorporating the change to Chicago Title, section S. whlch was in inadvertently not forwarded to you. I am attaching this revised Addendum Two. Please review, and if acceptable, sign and fax back to me at (253)856-6770. Thanks, <<Addendu mTwoR EPSA62204.doc» XiM yldams Tratt X5786 Oar Wednesday.June 23, 2004.A,mecica Online: C'liffRnnning