HomeMy WebLinkAboutPK06-125 - Other - Addendum 3 - Randy & Amy Mollenberg - Naden Avenue Assemblage Acquisition - 04/11/2006 Records M--an''a''"'1gem
KENTDocument
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: /.411ea7 / i sky-
Contract
Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name: /�G12 �� /.� 14 /�'I
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: t9 �ii' '�
Department:
Abstract:
ADCL7832 07/02
04/07/2000 11:14 2539520473 CCNW INC PAGE 02/02
GCNW,INC 2699520473 04Im7/08 M 14pr% P. Omi
E.r
,kbl EI�DREk TNRtlwt tl o' PEAL fFSf'ATL PURCHASE rA��SJlI.E p�ll&ELI�6E1^61
.T t� A06EM3014 THRIE between RANDY •f ll4LENOERG a"d ARMY
kOM.LElFIEE"dGu''husban&and wife rsellej and -ME CM 6F fiCENi'i' °Buyer'), a
trlunicipoP Corporation, Lamends that certain Real Estate Purchase and Sale Agreement
entered into'between;Seiler'and Buyer on or about December 5, 2005, as amended by
the Addendum'dated January 11, M; and Addendum Two dated March 14, 2006
(collectively,the"Agreement".
= Per. the feasibility requirements of Section 5 of the Agreemt, Buyer is satisfied
with the f mperty if,Seller agrees to the following condrdons:
r
�+ The total purchase price is Three Hundred Frl:y Thousand Dollars and -
001100 ($35%Q00.00).
2. . ' Seller agceO to the terms of the safe in C of condemnation by Buyer.
3. Prror't'o Closing, Seiler shall either provide Buyer with proof, to Buyer`s
Sadsfaction,,that th'e'fuel storage tank has previously been decommissioned; or Seller
- shall decommission the fuel storage tank in accord with all applicable regulataons.
f 4. ' r''s Phase x erwiromimerntel anal _rs has identified storage of vehicles
and batteli'ds on trre Property. This material has been removed from the Property since
l , • thi''Phase 2 analysis was completed, Buyer shall perform an inspection of the soil on the
Property on April 7, 2006. Buyer shall inform Seller after the inaction as to whether
l Buuy2r believes decontamination of the soil is necessary due to contamination by the
vctiicfes and batteries, If Buyer finds that decontamination is necessary, the parties
age to cooperafie.in gotid.faith to reach an agreement as to the allocation of east fvr
dewry amination. If no agreement can be reached by the parties, this transaction will
ADr7ENDUM niREE To REA> ESTATE
r PUWHASE AND SAr_E Ae RFEMEKT- 1 ram!6,zme)
�• (t�etrt�+s+rr�marai'CfrGRyof�'enr,1 ,
04AO7/2006 11:14 2539520473 gss9520473 CCNW INC PAGE 01/02
� m4/A7lm8 7.2:lhpm P• (� ,
CCNW,I NC
f th current rental agreement for the
Seller 'shad pravide Buyer a copy o
' property'b5 verify
that the' Tenant residing on the property is on a mo nth-t -mOnth
tenancy
6• '' auger intends tnacate Eire property by )une
'give the Tenant notice to v
.' 3D, OdD6. Seller
to have Ten Thousand Dollars ($167,OQ0•D0) held In escrow to i
be rel s i to a) Buyer'for a*ts associated with eviction of the Tenant or damage done
e Tdoant after Gosing but prior to vaCaon of the Prernises, and b) ttte
to the p rL by,
balance of any escrow funds would be released to Seller upon vacation of the Property
vent acce nce of the condition of the property. Rent
•by Tepaht ind BUyer's 5ul)S per minus
paid '15'
the'Tenant fhrvugh ]un�e 30, x0i}6, will be paid Seller by Buy
1ea§ehold tax of 12,F�4+a. At Ck}sMg, Seller shall assign the Tenant's lease to Buyer.
7. Facsimlle'signatures an this Addendum Three will be considered arigtnals.
IlVF vim M Ah8R1 RIEO FO the parties heretic have executed this Addendum
7fr#6, wh!6, shall take effect an the last date signed below.
Op
'"Me Cfty of Kent
moLLF-
Randy I it
bated: k� Dated: —
Ir
Amy Mollenberg
' • Dated:
"ppcMDUhi.TMR 5E TO l;FAL ESTATE
E I NT 2
PuR KASE AND SALE AGR
'. �'� enberu and P11L�Lap'bf�elr«a . ,
04/e7/2006 09:51 2539520473 CCNW INC PAGE 02/09
RESIDENTIAL,HOUSE LEASE AGREEMENT
THIS HOUSE LEASE AGREEMENT(hereinafter "Agreement") is entered into,
this April 1,2005 by and between:
The Lessor:
Randy Mollenberg of
Milton, Washington
98354
(Hereinafter"Landlord")
and the Lessees
r of
of
(Hereinafter "Tenants")
In regards to the Property:
216 Naden Ave. S
Kent,Washington
98032
(Hereinafter"House")
The Landlord and Tenants do hereby agree to abide by the terns set out in this
Agreement. The terms of this Agreement are as follows:
J. THE HOUSE
In consideration of the rent payment to be paid by Tenants and of the other
covenants and agreements herein contained, the Landlord rents to Tenants the
House.
Tenants shall use the House only for residential purposes.Tenants shall not use or
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allow the use of the House in any way that interferes with other tenants'use and
enjoyment of the House or neighboring property. Tenants shall not use the House
for any illegal or improper use. Additionally, Tenants shall comply with all
Zoning Ordinances,Protective Covenants and Deed Restrictions.
The Tenants agree that no more than 4 residents are allowed to occupy the House.
The Tenants agree that no pets of any kind shall be allowed in the House. Failure
to abide by this paragraph will result in immediate eviction without prior notice
and forfeiture of all prepaid rent and deposits.
The House includes 2 bedrooms;Parking is available with the House, It is
described as:
2. PAYWNT SCHEDULE AND DETAILS
The Tenants agree to pay One Thousand($1,000.00 USD), Monthly, Payment
shall be made in the form of Money Order, on or before: on the I st of each term
durin the entire length of this Agreement. Payments shall be made at: 0
am EAa i _,,Milton Washington, 98354,or at sueb other place as the
Landlord and"Tenants agree upon.
Should a Tenant's payment be returned for insufficient funds,the Tenants shall be
liable to the Landlord for$50,00 as a penalty.
Should a Tenant's payment be 10 days late,the Tenants shall be liable to the
Landlord for $50.00 as a penalty.
The Tenants agree to deliver a Security Deposit to the Landlord in the amount of
$500.00(Hereinafter"Deposit"). The Deposit will be returned to the Tenants at
the end of this Agreement, less deductions.
The Tenant is not entitled to interest on the Deposit.
The parties acknowledge that the Landlord will be permitted to deduct from the
Deposit any amounts for reasonable cleaning and repair of damages to the House
at the end of this Agreement. Ordinary wear and tear is excepted.
The Deposit may not be used by either party for any payment due under this
Agreement.
If the Landlord sells or assigns the House,the Landlord shall have the right to
transfer the Tenants Deposit to the new owner or assignee to hold under this
Lease and upon doing so the Landlord shall be released from all liability to
Tenants for return of said Deposit.
In compliance with Revised Code of Washington § 59.18.260:
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If any moneys are paid to the landlord by the tenant as a deposit or as security for
performance of the tenant's obligations the Agreement,the Agreement shall be in
writingand shall include the terms and conditions which t deposit o o under he dep r
portion thereof may be withheld by the landlord upon termination of the
Agreement. If all or part of the deposit may be withheld to indemnify the landlord
for damages to the premises for which the tenant is responsible, the Agreement
shall be in writing and shall so specify. No deposit may be collected by a landlord
unless the Lease agreement is in writing and a written checklist or statement
specifically describing the condition and cleanliness of or existing damages to the
premises and furnishings, including,but not limited to, walls, floors, countertops,
carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant
at the commencement of the Lease, The checklist or statement shall be signed and
dated by the landlord and the tenant,and the tenant shall be provided with a copy
of the signed checklist or statement. No such deposit shall be withheld on account
of normal wear and tear resulting from ordinary use of the premises.
3. LENGTH OF AGREEMENT
This Agreement shall begin April 1, 2005 and will remain in effect until October
1, 2005 unless renewed or extended pursuant to the terms herein and shal I be
based on a Monthly term.
4. TERMINATION
After expiration of the leasing period,this agreement is automatically renewed
from mouth to month,but may be terminated by either party giving to the other a
30-day written notice of intention to terminate.Where laws require "just cause",
such just cause shall be so stated on said notice. The premises shall be considered
vacated only after all areas including storage areas are clear of all Tenants
belongings, and keys and other property famished for Tenants use are returned to
Landlord. Should the Tenants hold over beyond the termination date or fail to
vacate all possessions on or before the termination date, Tenants shall be liable for
additional rent and damages which may include damages due to Landlord loss of
prospective new renters.
5. DEFAULT
If Tenants fails to fulfill or perform any obligation under this Agreement, Tenants
shall be in default of this Lease. Tenants shall receive 30 days'notice by Landlord
to cure the default(ie.Non-payment of rent). In the event Tenants does not cure a
default, Landlord may at Landlord option cure such default and the cost will be
added to Tenants financial obligations under this lease, or declare Tenants in
default of the Agreement. Landlord may re-enter the premises and rc-talce
possession of the House in the event of default. After default, Tenants may be
held liable for the balance of the unpaid rent under this Agreement if Landlord
cannot re-let the House during the remaining term of this Agreement.
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6. TENANT RESPONSIBILITIES
The Tenants agree to accept responsibility for the following:
a. Maintaining the lawn,including mowing, watering, weeding and other
reasonable maintenance as needed.
b. Removal of snow in a timely fashion.
c. Garbage removal weekly
The Tenants shall comply with all obligations imposed upon tenants by applicable
provisions of building,housing, and health codes; maintain the House in good
condition during the entire length of this Agreement and shall neither cause nor
allow any abuse of the facilities therein.
The Tenants shall inform the Landlord of any condition that may cause damage to
the House.If the House,or any part of the House, is partially damaged by fire or
other casualty not due to the negligence or willful act of the Tenants or an agent
of the Tenants,the House will be immediately repaired by the Landlord and,there
will be an abatement of rent corresponding with the time during which the House
was untreatable.
Upon the termination or expiration of this Agreement the Tenants shall redeliver
the property, amenities, furniture, appliances and any other applicable aspects of
the House, in as good condition as at the commencement of the Agreement or as
may be put in during the Agreement. Reasonable wear and tear From use and
obsolescence to the House shall be accepted. Furthermore, the Landlord retains a
Landlords Lien on all personal property placed upon the premises to secure the
payment of rent and any damages to the House.
7. APPLIANCES
The House includes the following appliances for the Tenants use:
a. Stove
b. Refrigerator
8. HOUSE ALTERATIONS
Tenants shall make no alterations,additions or improvements to the House
(including the application of paints, stains,nails or screws to the woodwork,
walls, floors or furnishings)without first obtaining the express written consent of
the Land]ord.
9. INSURANCE
Tenant acknowledges that Landlord's insurance does not cover personal property
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damage caused by fire,theft,rain,war,acts of God, acts of others, and/or any
other causes,nor shall Landlord be held liable for such losses. Tenant is hereby
advised to obtain his own insurance policy to cover any personal losses.
10. ENTRY FOR REPAIRS OR SHOW
In addition to the rights provided by the laws applicable to the State of
Washington,the Landlord shall have the right to eater the House at all reasonable
times for the purpose of inspecting the and/or showing the same to prospective
tenants or purchasers, and to make such reasonable repairs and alterations as may
be deemed necessary by the Landlord for the preservation of the House or the
building and to remove any alterations,additions, fixtures, and any other objects
which may be affixed or erected in violation of the terms of this Agreement. The
Landlord shall give reasonable notice of intent to enter House except in the case
of an emergency.
11. QUIET ENJOYMENT
The Tenants shall be entitled to quiet enjoyment of the House for the term of this
Agreement provided that the Tenants pays rent in a timely manner and performs
all covenants and obligations under this Agreement.
12. POSSESSION AND SURRENDER OF THE HOUSE
At the expiration of the Agreement Term, Tenants shall immediately surrender the
House to the Landlord in the same condition as at the start of the Agreement,
reasonable wear and tear elements excepted. The Tenants shall return a complete
set of keys to the Landlord and provide in writing,the Tenants forwai ding
address. If any Tenant remains on the House after the expiration or termination of
this Agreement without the Landlord written permission,the Landlord may
recover possession of the House in the manner provided for by law,
13. ABANDONMENT
Abandonment is defined as absence of the Tenants from the premises for a period
of seven(7) or more consecutive days while rent or any owing montes remain
unpaid-whereupon Tenants will be considered in breach of this Agreement. If
Tenants abandons the House during the term of this Agreement, the 1 andlord may
enter the Flouse by any legal means,without being liable for such entering,and
without becoming liable to the Tenants for damages caused upon entering.
Landlord may consider any personal property belonging to the Tenants and left on
the property to also have been abandoned,in which case the Landlord may
dispose of all such personal property in any manlier the Landlord deems proper
without becoming liable to the Tenants for doing so.
The Landlord may at its option terminate.the Agreement and re-Ict the House, and
may receive and collect all rent payable by virtue of such re-lettmi; [lad this
Agreement continued in force, the Landlord may hold the Tenant,, taable for any
difference between the rent that would have been payable under tkis Agreement
during the balance of the unexpired term and the net rent for such period realized
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by the Landlord by means of the re-letting.
14.LEGAL FEES
If the Tenants is in breach of this Agreement,and the Landlord finds it necessary
to enforce this Agreement, or collect rental or other damages, through an attorney
or in a legal action,the Landlord shall be indemnified by the Tenants for any
reasonable attorneys'fees and out-of-pocket costs which in anyway relate to,or
were precipitated by, the breach of this Agreement by the Tenants.
15. WAIVER
The Landlord's failure to enforce or insist on compliance with any provisions of
this Agreement shall not be deemed a waiver nor a limitation of the Landlord's
right to enforce or insist on compliance with the provisions of this Agreement.
16.BINDING EFTECT
Except as otherwise provided in this Agreement, all of the covenants, conditions,
and provisions of this Agreement shall apply to and bind the parties and the heirs,
personal representatives, successors, and assigns of the parties.
17. HEADINGS
Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement.
18. ASSIGNMENT,SUB-LET AND LICENSE
The Tenants shall not assign this Agreement, or sub-let or grant any ltcense to use
the House or any part thereof without the pnor written consent of the Landlord.
Consent by the Landlord to one such assignment, sub-letting or license shall not
be deemed to be a consent to any subsequent assignment, sub-letting or license.
An assignment, sub-letting or license without the prior written consent of the
Landlord or an assignment or sub-letting by operation of law shall he absolutely
null and void and shall, at the Landlord option, terminate this Agrccment.
19. AMENDMENT OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement will only be binding if
evidenced in writing signed by both parties.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and
supercedes any prior written or oral covenants or representations relating thereto
and not set forth herem shall be binding on either party hereto. This Agreement
may not be amended,modified,extended, or supplemented except by written
instrument executed by the Landlord and Tenants. The Landlord has made no
representation or warranty to Tenants except as herein expressly sct forth.
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21. SEVERABMITY
Should any conflicts arise between any party of this Agreement and the applicable
legislation of the State of Washington,the State Laws will prevail and such
provisions of the Agreement will be amended or deleted as necessary to order to
comply with the State Laws. Furthermore, any provisions that are required by
State haws may be subsequently incorporated into this Agreement
In the event any of the provisions of this Agreement are held to be invalid or
unenforceable in whole or in part,those provisions to the extent en forceable and
all other provisions will nevertheless continue to be valid and enforceable as
though the invalid or unenforceable parts had not been included in this
Agreement
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Washington.
23.ADDITIONAL PROVISIONS
Tenant acknowledges this unit is debris free and agrees to leave it the same.
The parties hereby indicate by their signatures below that they have read and agree with
the terms and conditions of this Agreement in its entirety.
ord: Tenant:
gn re: Signature:
Print:
Print: , c4
Tenant:
Signature-
Print:
Dated: April 1,2005.
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April 7, 2006
To Whom It May Concern: please note the oil storage tank that was on site when 1
bought the property in 1999 was above ground and located on the North side of the
house. The tank had not been used in years and was found to be empty. The tank was
cut into pieces and disposed of legally.
Randy Mollenberg