HomeMy WebLinkAboutLW17-110 - Other - Addendum #1 - David L. Ball - Ball Property Purchase at 324 1/2 Naden Ave S - 02/27/2016 19, T mecords Man,ag" e' m' e- ',n` ,t ,
KENT
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.
If you have questions, please contact. City Clerk's Office.
Vendor lame: David L. Ball
Vendor Dumber:
JD Edwards Number
Contract Dumber: LW I I -- 1 -
This is assigned by (ity Clerk's Office
Project Dame: Purchase of Ball Property at 324 1✓2 Naden Ave S.
Description: ❑ Interlocal Agreement ❑ Change Order El Amendment ❑ Contract
0 tither: Addendum One to Real Estate Purchase & Sale Agreement
Contract Effective Date: 2/27/16 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
w
ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
THIS ADDENDUM ONE is entered into on the date fully executed below by
and between THE CITY OF KENT ("Buyer") and DAVID L. BALL, as his sole and
separate property ("Seller"), to amend that certain Purchase and Sale Agreement
entered into between Buyer and Seller on or about December 1, 2016 (the
"Purchase and Sale Agreement").
A. Buyer and Seller would like to change the date of Closing to March 6,
2017.
B. Buyer and Seller would like to change the date of deposit of earnest
money to ten (10) working days prior to the date of Closing.
C. Buyer and Seller would like to change the terms of the Lease attached
to the Purchase and Sale Agreement as Exhibit D, to change the monthly rent
amount of $1.00 to zero, as part consideration for the sale of the Premises to
Buyer.
NOW THEREFORE, the Buyer and Seller hereby agree and covenant as
follows:
1. Closing and Earnest Money. Buyer and Seller agree the Closing of the
transaction will occur on February 28, 2017, unless the closing date is extended in
writing by the parties. Section 2 of the Purchase and Sale Agreement shall be
amended to read as follows:
"2. EARNEST MONEY. 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. Buyer will deposit this amount at
least ten (10) working days prior to Closing.
2. Lease. Exhibit D of the Lease is replaced with a new Exhibit D, which
is attached to this Addendum, which amends the monthly rent amount from $1.00
per month to zero, as part consideration of the sale of the Premises from Seller to
Buyer.
3. Entire Agreement. Except as amended by this Addendum One, all
provisions of the Purchase and Sale Agreement make up the entire agreement and
shall remain in full force and effect.
ADDENDUM ONE TO PURCHASE & SALE AGREEMENT - Page 1
(Between City of Kent and David L. Ball)
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
By: Y.
y--Print "Name: David L. Ball
M�e 0� s4zette Cooke t r
Its: ors
Date: ;Z-ZP7 Date:
P:\C1vi1\F!1es\0pen H tes\1070-Na den Pro perties\Ba I I\Addend u rn to PSA-David Ball,doc
ADDENDUM THREE TO LEASE AGREEMENT - P'age 2
(Between City of Kent and T-Mobile West Corporation
@ Centennial)
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 1/2 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
As part consideration of the sale of the Premises from Tenant to Owner and to give Tenant
the time to use the proceeds of his home to locate and purchase a new home, Owner will allow
Tenant to live rent-free on the Premises through the term of the Lease.
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
r
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. Apoliances: 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. Pin : 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.
15. 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. HEM 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:
f CCITY OF KENT
Pr' Name: David L. Ball Print Name: Suzette Cooke
gg —7 Its Mayor
Date: v f � 21 / 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 Sea! 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 EASTTO 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
KE a T Print on Cher,ry-Colored P�aper
NT
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director__
originator: Cheryl Roldk-Wflcox Phone (Originator): x5771
Date Sent, 2/27/17 Date Required, 2/27/17
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: 12/13/16 Date Risk Manager Notified:n/a
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificallg Account Number::
Authorized in the Budget? "YES NO, n/a
Brief Explanation of Document:
Addendum One to Purchase and Sale Agreement for the City's purchase of property
owned by David L. Ball located ate 3,24 1/2 Naden Ave S., extending the closing date
and adjusting the lease-back rent amount from $1.00 to zero.
C1 W&Dust Be Routed Through The Law Department
�., 20 Z(Th' area be complete�dTLaw Department)
�" I P
Received:
Approval of Law Dept.:
Law WIM g8tjd4q)43�
Dal tC
f
Shaded Areas, To Be Completed By Administration Staff
Received:
Recommendations and Comments:
V14111 ft
Disposition,:
f"'18 21 7
Date Returned: . Cit
0A Y Of ko^4L
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