HomeMy WebLinkAboutLW17-110 - Original - David L. Ball - Ball Property Purchase at 324 1/2 Naden Ave S - 12/01/2016 Records Mana'gerneht,
WAS�NT
NG.N Document
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.
f you have questions, please contact City Clerk's Office.
Vendor blame: David L. Ball
Vendor dumber:
JD Edwards Dumber
Contract dumber: L B - 110
This is aissigned by City Clerk's Office
Project dame: Purchase of Ball Property at 324 1/2 Naden Ave S.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment El Contract
® ether: Beal Estate Purchase & Sale Agreement
Contract Effective Date: 12/1/16 Termination Date: n/a
Contract Renewal Notice (Days): n/a
Number of days required notice for termination or renewal or amendment
Contract Manager: Tom Brubaker Department: Law
Contract Amount: $300,000
Approval Authority: ❑ Department Director Mayor ® )City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation ("Buyer") whose mailing address is 220 4th Avenue South, Kent, Washington
98032-5895, and David L. Ball, as his sole and separate property ("Seller"), whose mailing
address is 3241/2 Naden Avenue S., Kent, Washington 98032, for the sale and purchase of
real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to
sell, is known as King County Tax Parcel Number 6000000062, located at 324 1/2 Naden
Avenue South, Kent, WA 98032 (the "Property"). The Property is legally described in
Exhibit "A", attached and incorporated by this reference.
2. EARNEST MONEY. Within ten (10) working days of mutual acceptance of
this Agreement, Buyer will deposit with First American Title (the "Escrow Agent"), the sum
of Ten Thousand Dollars and NO/100ths ($10,000) in the form of a check, as refundable
earnest money to be applied toward the purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is three
hundred thousand and NO/100ths dollars ($300,000), including Earnest Money, payable on
Closing.
4. CONTINGENCIES. Seller acknowledges that the closing of the transaction
contemplated by this Agreement ("Closing") is expressly conditioned on the city of Kent City
Council's prior authorization to buy the Property under this Agreement, which may or may
not be granted in the City Council's sole discretion. Buyer will not be liable or obligated for
any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's
failure to grant the Council Authorization.
4.1 Seller's Waiver. Seller expressly waives any claim against City and its elected
officials, officers, employees, representatives and agents for any burden,
expense or loss which Seller incurs as a result of the City Council's failure to
approve this purchase and sale agreement.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property will
be conveyed by Seller to Buyer at Closing by Quit Claim Deed, free and clear of all liens,
REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 1
City of Kent and David L. Ball
encumbrances or defects except those described in the Commitment of Insurance, First
American Title Company, Schedule B, Section II, paragraphs 3 and 6 of Title Report Number
4209-2394956, and in the Supplemental Report 1, note "H" to paragraph 2, all as attached
as Exhibit "B", and incorporated by this reference. General exclusions and exceptions
common to the area and not materially affecting the value of or unduly interfering with
Buyer's reasonable use of the Property will be permitted. All financial obligations legally
attached to the Property and special exceptions listed in Exhibit "B", other than those
specifically noted above, are to be removed on or before closing.
6. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise Tax, if
applicable, will be paid by Seller. Buyer will pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for
the current year, rents, interest, water, sewer and other utility charges, if any, will be paid
by Seller, and prorated as of the day of Closing, unless otherwise agreed.
7. CLOSING OF THE SALE. This sale will be closed on a date acceptable to the
seller within ninety (90) days of the date of mutual acceptance of this Agreement, which
will also be the termination date of this Agreement, unless the Closing date is extended in
writing by mutual agreement of the parties. When notified, the Buyer and Seller will
deposit, without delay, in escrow with First American Title (Escrow Agent), 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.
S. POSSESSION AND LEASE.
(a) Buyer will be entitled to possession on Closing, subject to the Lease in
(b) below.
(b) At Closing, Seller and Buyer will execute the Lease attached and
incorporated as Exhibit"D".
9. SELLER'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition
until time of agreed possession;
(b) that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except
REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 2
City of Kent and David L. Ball
(c) that if the Property is leased, Seller will provide copies of each and
every lease to Buyer within one (1) working day upon request.
10. WAIVER OF SELLER DISCLOSURE STATEMENT
Buyer expressly waives receipt of the Seller Disclosure Statement. See Exhibit C.
11. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy will
be limited to damages against Buyer in the amount of the Earnest Money previously paid by
the Buyer. Buyer and Seller intend that this amount constitutes liquidated damages and so
as to avoid other costs and expenses to either party in connection with potential litigation
on account of Buyer's default.
(b) Seller's Default. If Seller defaults hereunder, Buyer will have all the
rights and remedies available at law or in equity.
12. NON-MERGER. The terms, conditions, and provisions of this Agreement will
not be deemed merged into the deed, and will survive the Closing and continue in full force
and effect.
13. NOTICES. All notices required or permitted to be given will be in writing and
will be sent U.S. certified mail, return receipt requested, addressed as set forth below:
(a) All notices to be given to Buyer will be addressed as follows:
Kurt Hanson
Economic & Community Development Department
220 Fourth Avenue South
Kent, WA. 98032
(b) All notices to be given to Seller will be addressed as follows:
David L. Ball
324 1/2 Naden Avenue S
Kent, WA. 98032
(c) All notices to be given to Escrow Agent will be addressed as follows:
First American Title Insurance Co.
818 Stuart St., Suite 800
Seattle, WA 98101
Either party may, by written notice to the other, designate a different address for the giving
of notices as necessary. All notices will be deemed given on the day that notice is
REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 3
City of Kent and David L. Ball
personally served or on the third day following the day the notice is mailed in accordance
with this section.
14. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits
constitutes the full understanding between Seller and Buyer. There have been no verbal or
other agreements that modify this Agreement.
15. BINDING EFFECT AND SURVIVAL. This Agreement will be binding upon the
parties and their respective heirs, successors and assigns, and the terms, conditions and
provisions of this Agreement will survive the Closing of this transaction.
1.6. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement will be the last date on which the parties to
this Agreement have executed this Agreement as indicated below.
17. EXPIRATION OF OFFER. Seller will have only until 5.00 pm on Monday,
December 12, 2016, to accept the Agreement as written by delivering a signed copy to the
Buyer or Buyer's agent. If Seller does not so deliver a signed copy within this period, this
Agreement will lapse and each party's rights will terminate.
IN WITNESS, the parties have executed this Agreement on the date set forth below.
BUYER: CITY OF KENT SELLER: DAVID L. BALL
By:
Suiett ;C oke
Its: M
Date: Date:
P:\Civil\Files\Open Fi es\1070-NadenProperties\Bafl\PurcYiaseSaYeAgreement TCB CLEANDraft2.docx
REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4
City of Kent and David L. Ball
EXHIBIT A
LEGAL DESCRIPTION
THE EAST 125 FEET OF THE FOLLOWING DESCRIBED TRACT, MEASURED PARALLEL TO THE EAST
LINE THEREOF;
THAT PORTION OF GOVERNMENT LOT 7, SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.,
IN KING COUNTY,WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE
TACOMA INTERURBAN RAILWAY WHICH IS 858.00 FEET SOUTH OF THE SOUTH MARGINAL LINE OF
MEEKER STREET IN THE CITY OF KENT;
THENCE WEST 354.41 FEET TO NADEN AVENUE;
THENCE SOUTH ALONG NADEN AVENUE,A DISTANCE OF 66 FEET;
THENCE EAST TO THE WEST MARGINAL LINE OF RIGHT OF WAY OF SAID RAILWAY;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY A DISTANCE OF 66.45 FEET, MORE OR LESS,TO
POINT OF BEGINNING;
EXCEPT PORTION TAKEN FOR STATE HIGHWAY BY KING COUNTY SUPERIOR COURT CAUSE NO.
656683;
(ALSO KNOWN AS THE EAST 125 FEET OF LOT 6, NADEN E.H. GARDEN TRACTS, UNRECORDED).
Tax Parcel Number: 600000006202
Situs Address: 324 1/2 Naden Avenue S, Kent,WA 98032
EXHIBIT B
RrstAmerican 7-rtleInsurance Company
818 Stewart St,Ste 800
Seattle,WA 98101
Phn-(206)728-0400 (800)826-7718
Fax-
King County Title Team
818 Stewart St, Ste. 800, Seattle, WA 98101
Fax No. (866) 904-2177
Fax No. (866) 561-3729
EMAIL: TITLEKINGWA@firstam.com
Pat Fullerton (206) 615-3055 Kelly Cornwall (206) 336-0725 Jennifer Salas (206) 615-
Peter Child (206) 336-0726 Kathy J. Turner (206) 336-
Curtis Goodman (206) 615-3069
Municipality Title Officer
To: City of Kent Parks Department
220 South 4th, 4th Floor
Kent,WA 98032
Attn: Brian Levenhagen
File No.: 4209-2394956
Customer Reference: 3241/2 Naden Avenue S, Kent,WA 98032
Re: Property Address: 324 1/2 Naden Avenue S, Kent, WA 98032
Supplemental Report 1 of the Second Report
Dated: November 17, 2016 at 8:00 A.M.
Commitment/PreliminaryReportft,4209-2394956 dated as of February 17,2015
(including any supplements or amendments thereto) relating to the issuance of an American
Land Title Association Form Policy is hereby modified and/or supplemented as follows:
There has been no change in the title to the property covered by our Commitment/Preliminary
Report dated 02/17/2015 at 7:30 a.m. except as noted below and the Commitment date
has been extended to November 17, 2016:
Paragraph no.(s) 2 of our Commitment/Preliminary Report has/have been eliminated.
The following note H has been added to our Commitment/Preliminary Report to read as follows:
H. General taxes for the year 2016, which have been paid.
Tax Account No.: 600000-0062-02
Code Area: 1525
Amount: $ 758.29
Assessed Land Value: $ 121,000.00
Assessed Improvement $ 20,000.00
Date: November 22, 2016 File NoC .; 4209-23949.56(reg)
rFirstAniericaix True Insurwice C crrrrrrarry
a�
Curtis Goodman,Title Officer
EXCEPTIONS
PART TWO:
Any policy we issue will have the following exceptions unless they are taken care of to our
satisfaction. The printed exceptions and exclusions from the coverage, of the policy or policies
are available from the office which issued this Commitment. Copies of the policy forms should
be read.
L Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said
premises, if unpaid. As of the date herein, the excise tax rate for the City of Kent is at
1.78%,
Levy/Area Code: 1525
2. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The
second half becomes, delinquent after October 31st.
Tax Account No.: 600000006202
1st Half
Amount Billed: $ 419.60
Amount Paid: $ 0.00
Amount Due: $ 419-60
Assessed Land Value: $ 121,000.00
Assessed Improvement Value: $ 20,000.00
2nd Half
Amount Billed: $ 419.60
Amount Paid. $ 0.00
Amount Due: $ 419.60
Assessed Land Value: $ 121,000.00
Assessed Improvement Value: $ 20,000.00
3. The taxes for the current year reflect an exemption as allowed under RCW 84.36 for
senior citizens. Any curtailment of the exemption may result in an additional amount being
due for the current year and for any re-assessment of land and improvement values.
4. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: David Ball, an unmarried Person
Grantee/Beneficiary: Betti Hanquet, as her separate estate
Trustee: Chicago Title Insurance Company, a corporation
Amount: Undisclosed
Recorded: September 21, 1984
Recording Information: 8409250287
5. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: David L. Ball, as his separate estate
Grantee/Beneficiary: Transamerica Credit Corporation
Trustee: First American Title Insurance Co,
Amount: $8,139.81
Recorded: July 28, 1993
Recording Information: 9307280294
6. The land described in this commitment appears to be residential in nature and may be
subject to the provisions of R.C.W. 6.13.010, et seq. (Homestead Statute) if the land is
occupied as a primary residence. If the land is occupied as a primary residence, R.C.W.
6.13.060 requires that all documents conveying or encumbering the land must be executed
by each spouse or domestic partner, individually. Alternatively, the Company will accept a
deed identifying the non-vested spouse occupying the property as the grantor and the
vested spouse as the grantee. In the event that the Company receives documents to insure
that are not executed as required, the Company may be unable to record or to insure the
transaction. Please contact your Title Officer if you have any questions.
EXHIBIT C
NOTICE TO TH'E BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW
ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO
OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED
SEX OFFENDERS.
BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention
and observation,
B. The disclosures set forth in this statement and in any amendments to this statement are
made only by the Seller and not by any real estate licensee or other party..
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not
liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this
disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURE'S CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES
THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING,
BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT.
YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A
SALE AGREEMENT..
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER: BUYER:
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED 'SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to ainy of the questions in the section entitled
"Environmental" would be "yes," Buyer may not,give the receip t�h- "Environmental" section
of the Seller Disclosure Statement. ,. ' r " ,f
DATE: BUYER
EXHIBIT D
LEASE AGREEMENT
This Lease is entered into the date fully executed by and between the CITY OF KENT
hereinafter called the "Owner", and DAVID L. BALL, husband and wife, hereinafter called the
"Tenant".
1. PREMISES
The Owner leases to Tenant a house located on King County Tax Parcel No. 6000000062,
located at 324 112 Naden Avenue South, Kent, WA 98032, and legally described in Attachment
"A" attached and incorporated into this Lease (the"Premises").
2. PURPOSE
Tenant owned the Premises for approximately 30 years. Owner purchased the Premises
and grants this lease so that Tenant will be able to use the proceeds from sale to purchase a
different home. Owner has no interest in the improvements on the Premises other than to provide
the Tenant, as former owner, continued use of his current home until Tenant finds another
residence. Tenant has agreed to vacate the premises no later than June 1, 2017. Once Tenant
vacates the Premises, Owner has no further use for the improvements existing on the Premises and
intends to remove them.
3. USE
Tenant will use the Premises for personal residence purposes only. No use will be made of
Premises, or act done in or about Premises, which is illegal, unlawful, violates zoning codes, or
which will increase the existing rate of insurance for the Premises. Tenant will not commit, or allow
to be committed upon the Premises, any waste or any public or private nuisance. Tenant will
comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or
requirements of any municipality, state or other governmental authority respecting the use of the
Premises.
3. TERM
The term of this Lease will begin upon the first day following Closing of the sale of the
Premises between Owner, as buyer, and Tenant, as seller. The sale was closed on
. This Lease will continue on a month-to-month basis until June 1, 2017.
Tenant may terminate this Lease sooner, at Tenant's sole discretion.
4. RENT
A. As part consideration of the sale of the Premises from Tenant to Owner, Tenant will
pay monthly rent of $1.00 per month ("Rent") to Owner on or before the first day of each month
through the term of the Lease. If this Lease is terminated prior to the expiration in Section 3,
neither Owner nor Tenant will owe each other Rent for the unexpired portion of the term.
B. As additional consideration for the sale of Premises from Tenant to Owner, Owner
will pay all leasehold tax that becomes due as a result of Tenant's rental of the Premises.
6. RE-DELIVERY
Tenant's obligation to vacate the Premises no later than June 1, 2017, is an important
promise that formed, in part, the basis for the Owner's purchase from the Tenant and for this
Lease. Tenant will not hold over and will vacate no later than June 1, 2017, unless the Tenant and
the Owner mutually agree, in writing, to extend the leasehold term. Tenant, at the expiration of
the term in Section 3, or upon any sooner termination of this Lease, will, without notice from
Owner, vacate the Premises peaceably, quietly, and will leave the Premises in as good order and
condition as the same now are.
7. TENANT'S OBLIGATIONS
A. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas, garbage,
electricity, etc.). It is the obligation of the Tenant to continue utilities services at the beginning of
tenancy. Tenant is to pay the utility company directly. The Tenant is obligated for all utilities until
the last day of tenancy. Tenant will cause no liens of record to be placed upon the Premises
because of delinquent utility charges.
B. Operation of Appliances: Tenant will properly use and operate all electrical, gas,
heating, and plumbing fixtures as well as appliances supplied by the Owner on the Premises.
C. Appliances: Tenant will promptly repair any appliances if the malfunction was
caused by Tenant.
D. Broken Glass: Tenant will promptly replace any glass that is broken as a result of
the Tenant and his/her guest(s).
E. Yard: Tenant will, at his/her expense, maintain the yard in the same or better
condition as at the beginning of this Lease.
F. Utility System: Tenant will protect the plumbing system from freezing and
maintain the heating system, which includes regular changing of the furnace filters if applicable.
G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters, furnace,
roof, and chimney is the Tenant's obligation year round. Regular maintenance of the roof will
include work such as annual pressure washing and replacement of loose or missing shingles.
H. Paint: Maintenance of interior surfaces will be the responsibility of the Tenant.
I. Dangerous Conditions: Tenant will immediately notify the Owner of any
dangerous condition that might lead to the impairment of the value of the Premises.
J. Insurance: Tenant will procure and maintain renter's insurance in connection with
Tenant's use of the Premises and will provide Owner a copy upon request.
8. EXCEPTIONS FROM LEASE:
The following items will not be repaired or replaced by the Owner and remain on the
Premises only for the convenience of the Tenant: all out buildings and personal property of any
kind placed anywhere on the yard outside the perimeter of the residence
9. OWNER OBLIGATIONS:
Owner agrees to maintain the Premises according to the laws of the State of Washington
and Federal agencies. However, if a defective condition was caused directly or indirectly by the
Tenant, his/her family, guest, licensee, or any other person(s) acting under the control, direction
of, or with the permission of the Tenant, the Owner will have no obligation to repair that defect,
and the Tenant will immediately repair the defect at Tenant's cost. The Tenant will have no
defense against the Owner to remedy the defective condition. This applies also where Tenant
unreasonably fails to notify the Owner of the condition or allow Owner access to the Premises for
the purpose of repair.
10. ALTERATIONS
All alterations, additions and improvements that are made, will be at the sole cost and
expense of Tenant. All improvements will become the property of the Owner except for
improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements
that Owner requests Tenant remove at termination. If the Tenant performs work with the consent
of the Owner, Tenant agrees to comply with all laws, ordinances, rules, regulations of the
appropriate governing authority. The Tenant further agrees to save the Owner free and harmless
from damage, loss or expense arising out of that work.
11. INDEMNIFICATION/HOLD HARMLESS
Tenant will defend, indemnify and hold the Owner, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with the performance of this Lease, including the Tenants
permissive use of any subtenants or invitees on the Premises, except for injuries and damages
caused by the sole negligence of the Owner. The provisions of this Section will survive the
expiration or termination of this Lease.
12. LIENS
Tenant will keep the leased Premises free from any liens arising out of any work performed,
materials furnished, or obligations incurred by Tenant.
13. ASSIGNMENT
Tenant will not assign this Lease or any part thereof. Tenant will not let or sublet the home
on the Premises. This Lease will not be assignable by operation of law.
14. ACCESS
Tenant will allow Owner or Owner's agents free access at all reasonable times to the
Premises for the purposes of inspection. This right will not be construed as an agreement on the
part of the Owner to make repairs, additions, or alterations.
IS. DAMAGE OR DESTRUCTION, REPAIR OR REPLACEMENT
In the event the Premises is damaged to the extent as to render the Premises untenantable
in whole or in substantial part, or is destroyed, the Tenant will give Owner or Owner's agent
immediate written notice, and, it will be the Owner's option to repair or rebuild the same. Owner
will have not more than thirty (30) days after date of the notification to notify the Tenant in writing
of Owner's intentions to repair or rebuild the Premises, or the part damaged. If Owner elects to
repair or rebuild the Premises, Owner will prosecute the work of repairing or rebuilding without
unnecessary delay. If Owner elects not to repair or rebuild the Premises this Lease will be
terminated and Owner will not be obligated to provide Tenant another facility to lease.
16. NOTICES
All notices to be given by the parties will be in writing and may either be served personally
or may be deposited in the United States Mail, postage prepaid, by either registered mail or by
regular mail with certificate of mailing obtained. Notices will be mailed to the addresses below, or a
later changed addressed provided in writing to the party:
OWNER:
City of Kent
ATTN: Kurt Hanson
Economic & Community Development Department
220 Fourth Avenue South
Kent, WA. 98032
TENANT:
David L. Ball
324 1/2 Naden Avenue S
Kent, WA. 98032
17. DEFAULT AND RE-ENTRY
If Tenant violates, defaults or does not comply with any of the material covenants,
agreements or provisions of this Lease, the Owner may cancel this Lease upon giving the notice
required by law and re-enter the Premises, using as much force as may be required.
The failure of the Owner to insist upon strict performance of any of the covenants and
agreements of this Lease, or to exercise any option conferred in any one or more instances, will not
be construed to be a waiver or relinquishment of any of the covenants or agreements in this Lease,
and the same will be and remain in full force and effect.
18. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenant it becomes necessary for the Owner to use
an attorney, or if Tenant will bring any action for any relief against Owner, declaratory or
otherwise, arising out of this Lease, each party will be responsible to pay its own attorney fees and
costs.
19. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the Premises, the Owner will have the
right, but not the obligation, to remove all personal property located on the Premises. Owner may
store the same in any place selected by Owner, including but not limited to a public warehouse, at
the expense and risk of the owner of the personal property, with the right to sell the stored
property in accordance with Chapter 59.18 RCW.
20. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the covenants and
agreements of this Lease will be binding upon the heirs, legal representatives, successors and
assigns of any or all of the parties to this Lease.
21. HOLDOVER
If the Tenant will, without the written consent of Owner, holdover after the expiration of the
term of this Lease, the tenancy will be for an indefinite period of time on a month to month
tenancy, and the tenancy may be terminated as provided by the laws of the State of Washington.
During any holdover tenancy, Tenant agrees to pay to the Owner Fifteen Hundred dollars
($1500.00) per month of the rent paid prior to Tenant holding over plus 100% leasehold tax on the
rent and to be bound by all of the terms, covenants, and conditions of this Lease, so far as
applicable.
The foregoing conditions are mutually agreed to by the Owner and the Tenant.
TENANT(s): OWNER:
CITY OF KENT
Print Name: David L. Ball Print Name: Suzette Cooke
Its Mayor
Date: Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of , before me a Notary Public in and for the
State of Washington, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument and acknowledged it to be his/her free and
voluntary act and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OF WASHINGTON )
SS.
COUNTY OF KING }
I hereby certify that I know or have satisfactory evidence that Suzette Cooke is
the person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she is authorized to execute the instrument on behalf of
the City of Kent as its Mayor, and such execution to be the free and voluntary act of
such party for the uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Attachment A
LEGAL DESCRIPTION
THE EAST 125 FEET OF THE FOLLOWING DESCRIBED TRACT, MEASURED PARALLEL TO THE EAST LINE
THEREOF;
THAT PORTION OF GOVERNMENT LOT 7, SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY,WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE TACOMA
INTERURBAN RAILWAY WHICH IS 858.00 FEET SOUTH OF THE SOUTH MARGINAL LINE OF MEEKER
STREET IN THE CITY OF KENT;
THENCE WEST 354.41 FEET TO NADEN AVENUE;
THENCE SOUTH ALONG NADEN AVENUE,A DISTANCE OF 66 FEET;
THENCE EAST TO THE WEST MARGINAL LINE OF RIGHT OF WAY OF SAID RAILWAY;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY A DISTANCE OF 66.45 FEET, MORE OR LESS,TO POINT
OF BEGINNING;
EXCEPT PORTION TAKEN FOR STATE HIGHWAY BY KING COUNTY SUPERIOR COURT CAUSE NO. 656683;
(ALSO KNOWN AS THE EAST 125 FEET OF LOT 6, NADEN E.H. GARDEN TRACTS, UNRECORDED).
Tax Parcel Number: 600000006202
Situs Address: 324 1/2 Naden Avenue S, Kent,WA 98032
REQUEST FOR MAYOR'S SIGNATURE
ENT Print on Cl,ierry-Colored Paper
K
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director__
Originator: Cheryl Roldk-Wilcox Phone (Originator): x5771
Date Sent: 11/30/16 Date Required., 12/1/16
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date; N/A
VENDOR NAME: Date Finance Notified:
David L. Ball
(Only required on contracts N/A
$20,000 and over or on any Grant)
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:NA
12/13/16 Re aired on Non-City Standard Contracts/Agreemen ts)
Has this Document been Specificall Account Number:
Authorized in the Budget? YES 01 NO N/A
Brief Explanation of Document:
Purchase and Sale Agreement for the City's purchase of property owned by Davidl L
Ball located at 324 1/2 Naden Ave S.
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REULInVat;Wst Be Routed Through The Law Department
�qov 3 0 Z016 (This area to be completed by the Law ar menu
Received:
Approval of Law Dept.,:
Law DepVfX(qMt:AXAi ni=P
Date Forky*MMU ayo-r-:
Shaded Areas To Be Completed By Administration Staff
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