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HomeMy WebLinkAboutACQ2019-004 - Other - Puget Sound Energy, Inc. - 1st Addendum Earnest Money Provision - Willis-Naden Access Improvements Project - 07/03/2019 KEOT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Puget Sound Energy, Inc. Vendor Number (JDE): Contract Number (City Clerk): AW 2019-OOL4 Category: _Purchase and Sale Agreement Sub-Category (if applicable): Addendum Project Name: Willis-Naden Access Improvements Project Contract Execution Date: 7/3/19 Termination Date: N/A Cheryl Rolcik-Wilcox PW: Engineering Contract Manager: Department: g g Contract Amount: N/A Budgeted: F1 Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 11 Director ❑✓ Mayor City Council Other Details: Project No. 15-3015/File No. PW2015-08/Project Acct No #20070 _ Addendum to extend the closing date from 7/7/19 to 7/23/19 ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION I i I This Addendum to the Real Estate Purchase and Sale Agreement with Earnest Money Provision ("Addendum") is between the CITY OF KENT, a Washington municipal corporation ("Buyer"), and PUGET SOUND ENERGY, INC., a Washington corporation ("Seller"), amending that Real Estate Purchase and Sale Agreement with Earnest Money Provision dated May 8, 2019 (the "Agreement"). RECITALS A. Pursuant to Section 5 of the Agreement, the Agreement is contingent upon the Buyer and Seller authorizations set forth in Sections 18 and 19 of the Agreement. The Kent City Council authorized the purchase of the Property on February 5, 2019, as required by Section 18. B. Section 13 of the Agreement grants a right of entry upon the Property to Buyer for a period of sixty days after the execution date of the Agreement ("Feasibility Review Period") to perform environmental audits, soil testing, engineering, economic studies and other studies necessary. C. Pursuant to Section 9 of the Agreement, the Sale contemplated by the Agreement is to close within sixty days after the execution date of the Agreement (the "Closing"), unless Closing is extended in writing by mutual agreement of the parties. D. Because the end of the Feasibility Review Period and the date of the Closing are the same day, Buyer and Seller desire to extend the Closing until July 23, 2019, to allow Buyer time to deposit funds into escrow and for Seller to execute instruments required to complete the transaction. NOW THEREFORE, Buyer and Seller agree as follows: 1. The Closing Date of the Agreement shall be extended from July 7, 2019, to July 23, 2019. 2. Except as amended by this Addendum, all provisions of the Agreement shall remain in full force and effect. Addendum to Purchase and Sale Agreement Page 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall take effect on the last date signed below, or July 6, 2019, whichever is sooner. BUYER: CITY OF KENT By:L Name: Dana Ralp3Nh Its: Mayor Date: 7 //9 SELLER: PUGET SOUND ENERGY By: Name: Its: C_ Date: i Addendum to Purchase and Sale Agreement Page 2 KENT REQUEST FOR MAYOR'S SIGNATURE Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Cheryl Rolclk-Wilcox Phone (Originator): x5587 Date Sent: 7/3/2019 Date Required: 7/5/2019 Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: N/A VENDOR NAME: Date Finance Notified: Puget Sound Energy, Inc. (Only required on contracts 2/5/20 19 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 2/5/2019 Date Risk Manager Notified:2 5 2019 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: R2OO7O 15-3015 Authorized in the Budget? • YES NO Brief Explanation of Document: Addendum to Real Estate Purchase and Sale Agreement with Earnest Money Provision to extend the closing date from 7/7/2019 to 7/23/2019 for the City's purchase of property from Puget Sound Energy for purposes of access improvements for the Willis-Naden property for $200,000. Both Buyer and Seller would like to extend the closing date because the closing date and the date the feasibility period ends are the same day, and the parties each need additional-time to process closing paperwork. This extension was also recommended by the Title Company. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: 7/3h� Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: 7 3 Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: 1 vffi orrsl cument roces ng\Request for Mayors Sqrfatum.dou