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HomeMy WebLinkAboutPK04-274 - Other - Addendum One - David N. & Mary L. Uhler - Real Estate Purchase of Parcel Numbers 2522049008 & 2522049022 - 07/27/2004 C ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM ONE between DAVID N. and MARY L. UHLER ("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 June 14, 2004 (the"Agreement"). The Seller and Buyer agree as follows: 1. Section 3 of the Agreement shall be amended as follows: 3. PURCHASE PRICE. The total purchase price for the Property is One Hundred Sixty Thousand Dollars and N0/100 ($160,000.00), including earnest money, payable at closing. The purchase price shall be divided between the two King County tax parcels being sold as follows: the purchase price of King County tax parcel number 2522049008 is One Hundred Fifty-five Thousand Dollars and NO/100 ($155,000.00), and the purchase price of King County tax parcel number 2522049022 is Five Thousand Dollars and NO/1000 ($5,000.00). 2. In regard to section 4(b) in the Agreement, Buyer's review of the preliminary title report for the Property showed that fee simple title to King County tax parcel number 2522049022 is not in the name of Seller. The Buyer shall pursue a quiet title action in King County Superior Court on King County tax parcel number 2522049022 in an attempt to obtain a court order finding that Seller owns fee simple title. Seller shall cooperate with Buyer in the quiet title action, but the action shall be taken at Buyer's expense. Upon obtaining the necessary court order and review of a preliminary title report showing that Seller owns fee simple title to King County tax parcel number 2522049022, Buyer shall consider satisfied all of the contingencies in section 4. of the Agreement and proceed with Closing of the sale. 3. Section 8 of the Agreement shall be amended as follows: 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, the sale of King County tax parcel number 2522049008 shall be closed on or before August 6, 2004. The sale of King County tax parcel number 2522049022 shall be closed on or before December 31, 2004, unless said Closing date is extended in writing by mutual agreement of the parties ("Closing"). When notified, the Buyer and ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT- 1 (July 27,2004) (between Uhler and City of Kent) Seller will deposit,without delay, in escrow with Pacific Northwest Title, 116 Washington Avenue N., Kent, Washington 98032, all instruments and monies required to complete the transaction in accordance with this Agreement. At Closing,all documents will be executed and the sale proceeds will be available for disbursement to the Seller. 4. Except as amended by this Addendum One, all provisions of the Agreement shall remain in full force and effect except as specifically modified by this Addendum One. 5. Facsimile signatures on this Addendum One will be considered originals. IN WITNESS WHEREOF, the parties hereto have executed this Addendum One,which shall take effect on the last date signed below. BUYER: SELLERS: CITY OF KENT DAVID N. UHLER By: Jim ite, Mayor Dated: 7 — 1 7—o Dated: -27 O APPROVED AS TO FORM: MARY L.UHLER By: [X - � j 3r. Kim Adams Pratt, Assistant City Attorney Dated:Cl 9�=r- 5V Dated: `7 -2 7-0 V P 1Ci 1ITE \OpcnFikWI0S2004\LUwAddendwnOmI dm ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT-2 (July 27,2004) (between Uhler and City of Kent)