HomeMy WebLinkAboutPW08-133 - Other - 2nd Addendum - Lotto, Michael - Real Estate Purchase - 03/24/2008 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM
MULLEN SLOUGH PROJECT
LOTTO PARCEL
SECOND ADDENDUM TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Addendum is made as of the date this instrument is fully executed by and between
MICHAEL S. LOTTO, as his separate estate("Seller"),and THE CITY OF KENT, a
municipal corporation of the State of Washington("Buyer"), and amends that certain
Real Estate Purchase and Sale Agreement("Agreement')between the parties dated
February 6, 2008.
1. Paragraph 3(A)(i)of the Agreement is amended to read as follows:
i. Buyer shall have until April 7,2008 to determine in Buyer's sole and
absolute discretion, if the real property is feasible for investment and/or
development by Buyer. Buyer agrees to assume all liability for and to defend,
indemnify and save Seller harmless from all liability and expense(including
reasonable attorneys' fees)in connection with all claims,suits and actions of
every name,kind and description brought against Seller or its agents or
employees by any person or entity as a result of or on account of injuries or
damages to persons,entities and/or property receive or sustained, arising out of,in
connection with or as a result of the acts or omissions of Buyer or its agent or
employees in exercising its Real Estate Purchase and Sale Agreement rights under
the right of entry granted in this Section, except for claims caused by Seller's
negligence.
2. Paragraph 7 of the Agreement is amended to read as follows:
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT
TIME IS OF THE ESSENCE FOR THIS AGREEMENT,this sale shall be closed
not later than 21 days after all contingencies have been released unless otherwise
agreed in writing by mutual agreement of the parties. When notified,the Buyer
and Seller will deposit,without delay, in escrow with Stewart Title, 1420 Fifth
Avenue, Suite 500, Seattle, WA 98101 all instruments and monies required to
complete the transaction in accordance with this agreement. Closing, for the
purpose of this agreement,is defined as the date that all documents are executed
and the sale proceeds are available for disbursement to the Seller("Closing' .
mullenslough lotto kept tad Page 1 of 3 03/12/08
Except to the extent inconsistent herewith,the Agreement is hereby confirmed and
remains in fiill force and effect.
Signed in duplicate original.
BUYER: The City of Kent,a municipal corporation
of the State of Washington.
BY:
ett ooke,Mayor
ate:
SELLER:
Michael S. Lotto Date
STATE OF WASHINGTON)
)SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that JLU C �Sthe
person who appeared before me,and said person acknowledged that the signed this
instrument, on oath stated tha he is authorized to execute the instrument and
acknowledged it as the
of the City of Kent to be the ee and voluntary act of such party for the uses and
purposes mentioned ' the instrument.
Dated:
J.
O NpTA�,y 9' ; pQ',o� �saioN••.,•Sri Printed name
m: .:� 9; <
PUBLIC ,o ' 3 Z= Notary Public in and for the
�
N p= ,P 7 UaLI 2 State of Washington
OF WASk N ��O�rW;6 ��` Residing at
My appointment expires
mullenslough lotto kept 2ad Page 2 of 3 03/12/09
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
On this 1_day of 2008,before me,the
undersigned, a Notary Public in and for the State of 'U-A duly
commissioned and sworn personally appeared lvlichael S. Lotto,to me mown to be the
individual described in and who executed the foregoing instrument,and acknowledged to
me that he signed and sealed the said instrument as his free and voluntary act and deed
for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
pQ.a�M�ssip'A,��,��y�i��
e• ` z= "tede
LIG
A � �
p�...112017.-'��.` Notary Public in and for the
.,00i//�Is �NG�� State of Washington,residing
at 1-c�ft'
ty and State
My appointment expires Z!T
muMnslough lotto kent 2ad Page 3 of 3 03/12/08
King County
Water and Land Resources Division
Department of Natural Resources and Parks
King Street Center
201 South Jackson Street, Suite 600
Seattle,WA 98104-3855
206-296-6519 Fax 206-296-0192
TTY Relay: 711
March 17, 2008
RE: LOTTO PROPERTY
Dear Mike:
Enclosed is the signed second addendum for the LOTTO property. Please have it signed by the
appropriate person at The City and return the original to The County for the file.
Th you,
Am ubbard
Real Property Agent
Open Space Acquisitions, DNRP
REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: � Phone (Originator): �rS
Date Sent: /',��,G a8 Date Required: 14 Z� Q
Return Signed Document to: `� t'" CONTRACT TERMINATION DATE: IV 4
VENDOR NAME: ,(,Bttt1 DATE OF COUNCIL APPROVAL: 2-1
Brief Explanation of Docume/nt
..yr!-cc--n J, V� 7G ia! 67 T�
F..o 79a �r'c,aP��T�y; /f�iJ �2c-✓!�f Tiw.e 7`O Ccm f+�CT� Qy�G'�rcn�+Z Y4/ e�t.Cedf`d4..zl
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received: � �� `)lRCEi ` (c� t
Approval of Law Dept.: MAR 2 a Z008
7 r
Law Dept. Comments: KENT LAIN DEPT
Date Forwarded to Mayor:
l/
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition: J Zz 0P �� y
6 4— a-d
r •D
0)4
Date Returned: JC 26
Iage5870 • 3/r