Loading...
HomeMy WebLinkAboutPK07-363 - Other - Addendum #1 - Hoang Tran -Purchase & Sale Agreement - 11/23/2008 ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM ONE between HOANG TRAN ("Seller") and THE CITY OF KENT ("Buyer"), a municipal corporation, amends that certain Real Estate Purchase and Sale Agreement entered into between Seller and Buyer on or about November 26, 2007 (the "Agreement"). 1. a) The Seller acknowledges that section 10(C) of the Agreement requires Seller, prior to Closing, to "provide Buyer with proof, to Buyer's satisfaction, that any fuel storage tank has previously been decommissioned; or Seller shall decommission the fuel storage tank in accord with all applicable regulations." During Phase I environmental review Buyer found evidence that a fuel storage tank may be present on the Property. Seller and Buyer agree that to satisfy section 10(C), at Closing twenty-five thousand dollars ($25,000) will be held back by Pacific Northwest Title from Seller's proceeds to pay for the decommissioning of the storage tank on the Property and any contamination clean up necessary from the tank (the "ho(dback funds"). b) Upon the City's determination that no storage tank can be located or that the storage tank needs to be decommissioned, the City shall provide a notice of the cost estimate of decommissioning and contamination clean up to Seller, or provide a notice of release of holdback funds to Pacific Northwest Title and Seller within a reasonable time. c) To obtain holdback funds, Buyer will present written proof of payment to Pacific Northwest Title of costs Incurred by Buyer to decommission the storage tank and/or contamination clean up. Within fourteen (14) days, Pacific Northwest Title will release holdback funds to Buyer In the amount of the written proof provided. d) The City will notify Pacific Northwest Title in writing when the decommissioning and contamination clean up is complete. Any holdback funds remaining with Pacific Northwest Title at that time will be released to Seller within fourteen (14) days of receipt of the City's notice. e) If the City notifies Pacific Northwest Title in writing that the decommissioning and contamination clean up is not required because no fuel storage tank was found on the property ("release of holdback funds"), all holdback funds will be released to Seller within fourteen (14) days of Pacific ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT- 1 (January 18,2008) (between Haang and the Gty of Kent) Northwest Title's receipt of this notice. 2. 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: SELLER: CITY OF KENT HOANG TRAN zett ooke Hoang Tran— Dated: — --off Dated: 01'2 — G ' C P:\Civil\Files\OpenFiles\1070\AddendumOne-Tran.doc ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT- 2 (January 18,2008) (between Hoang and the City of Kent)