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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 ------P-Mw7F6rm—sM6—curnent Processing'iRequest Gr Mayor's signori 7707 416yor