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HomeMy WebLinkAboutR-1999-126 Purchase & Sale AgreementRESOLUTION NO. R-99- 126 A RESOLUTION authorizing the City Manager to execute a purchase and sale agreement with .Moultray. & Associates involving surplus City real • estate atf3204, 3206, and 3208 West Nob Hill Boulevard. WHEREAS, the City owns property located at 3204, 3206, and 3208 West Nob Hill Boulevard in the City of Yakima, Washington; and WHEREAS, the subject real property is currently vacant, and the City Council has found and determined that said property is ,surplus to the City's needs and not required for any future governmental purpose; and WHEREAS, Moultray & Associates has offered to purchase the subject property in accordance with the attached Vacant Land Purchse.and Sale Agreement; and WHEREAS, the City Council deems this real estate transaction to be in the best interest of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Vacant Land ,Purchase and Sale Agreement with Moultray & Associates. ADOPTED BY THE CITY COUNCIL this qday of T 1999. ATTEST: Karen S. Roberts, City Clerk l's-", John Pucinelli, Mayor C:\Karen's Files \ RESOLUTIONS\ Paolella \ Moultray & Assoc purchase and sale agreement.doc No 30688A 1 2 VACANT LAND PURCHASE and SALE AGREEMENT 3 THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY 4 (Please read carefully before signing) 5 6 July 07 , 1999 7 8 AGENCY DISCLOSURE: At the signing of this Agreement, the Selling Agent (insert name of selling agent) 9 GLEN W GROENIG represented 10 [] Buyer, ❑ Seller, ❑ Both Parties, ❑ Neither Party and the Listing Agent (insert name of listing agerA) 11 represented Seller, ❑ Both Parties. Buyer and 12 Seller both confirm that prior oral and/or written disclosure of agency was provided to each of them in this transaction. If Selling Agent 13 and Listing Agent are different licensees affiliated with the same broker, then both parties consent to that broker acting as a dual agent. 14 If Selling Agent and Listing Agent are the same person representing both parties, then both parties confirm their consent to that agent 15 and his/her broker acting as a dual agent. Both parties acknowledge receipt of a copy of the pamphlet entitled "The Law of Real Estate 16 Agency" 17 1 PARTIES. This VACANT LAND PURCHASE and SALE AGREEMENT ("Agreement") is made between 18 MOULTRAY & ASSOCIATES ,AND/OR ASSIGNS as "Buyer", 19 and as"Seller" Buyer agrees to purchase Seller's 20 property on the following terms and conditions: 21 2. PROPERTY. Common Address 3204 , 3206 & 3208 NOB HILL 22 City- YAKIMA County. YAKIMA State of Washington, 23 Zip- 98902 (Tax Parcel Number) 181327-41489,41490,41491 24 LEGAL DESCRIPTION: SEE ATTACHED 25 26 ❑ If Legal Description is not attached at final acceptance of this Agreement, Buyer shall have three (3) business days after receiving 27 the Legal Description to approve the Legal Description as accurately reflecting the Property which the parties intend to be the subject 28 of this Agreement. Failure to give written disapproval shall be deemed to be approval. 29 3. RIGHT TO FARM AND RIGHT TO PRACTICE FORESTRY DISCLOSURES (SNOHOMISH COUNTY ONLY) The Property ❑ is, ❑ is not 30 "designated farmland" or situated within 1,300 feet of "designated farmland' in Snohomish County, Washington. If it is, attach 31 Snohomish County "Right to Farm Disclosure Statement" or equivalent. The Property ❑ is, ❑ is not, "designated forest land" or 32 situated within 300 feet of "designated forest land" in Snohomish County, Washington. If it is, attach Snohomish County "Right to 33 Practice Forestry Disclosure Statement" or equivalent. 34 4. PURCHASE PRICE/FINANCING. The Purchase Price is Six Hundred Ten Thousand And 00/100 DOLLARS 35 ($ 610,000.00 ), payable as follows: 36 ❑ All cash at closing (not conditioned on Buyer obtaining a loan). 37 ❑ Proceeds of Buyer Financing (attach a Financing Addendum, Washington Association of REALTORS® form A-2) 38 ❑ Other (attach a Method of Payment Addendum, Washington Association of REALTORS® form A-101). 39 Buyer Representation: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this 40 Agreement, and is not relying on any contingent source of funds unless otherwise set forth in this Agreement. 41 5. EARNEST MONEY Five Thousand 42 DOLLARS ($ 5,000.00 ). Selling Agent acknowledges receipt of Earnest Money from Buyer in the form 43 of: Ela check for $5,000.00 ,❑cash of $ , ❑ note for $ , due as stated in the 44 note (copy attached), and/or ❑ Other $ in the form of: 45 These funds shall be deposited into the ceiling broker's truct account or 46 YAKIMA TITLE & ESCROW to be credited to Buyer at closing. Any checks shall be deposited by the close of the 47 business day following the day of mutual acceptance of this Agreement. 48 6. FEASIBILITY CONTINGENCY This Agreement [] is, ❑ is not contingent upon and subject to the Buyer obtaining at the []Buyer's, ❑ 49 Seller's sole expense, a report(s) regarding the feasibility of purchasing the Property; which report shall be satisfactory to the Buyer, 50 in the Buyer's sole discretion Buyer's inquiry should include contacting all state, county and city agencies as well as all water, 51 sewer and other special districts in which the property is located. The Buyer's feasibility study should also include, but shall not be 52 limited to, (1) hazardous waste inspection; (2) appraisal of the Property; (3) engineering and soil studies; (4) utility and zoning 53 studies; (5) economic feasibility of owning and operating the property; (6) a survey of the Property; (7) whether there are any building 54 moratoriums, special building requirements or environmental restrictions; (8) whether there are any growth mitigation or other 55 impact fees that must be paid; (9) the procedure and length of time necessary to obtain approval for building permits for any changes 56 to the improvements on the Property; and (10) other ISSUANCE OF BUILDING PERMITS 57 58 Buyer shall conclusively be deemed to have waived this Feasibility Contingency unless the Seller or Listing Agent receives written 59 notice of Buyer's intent to terminate this Agreement within 180* days (thirty (30) days if not filled in) after mutual acceptance of this 60 Agreement. 61 62 The Buyer or an authorized agent of the Buyer shall have the right, at reasonable times, to enter upon the Property for the purpose of 63 conducting this feasibility study; provided, that Buyer shall cause no liens to be recorded against the title to the Property by Buyer or 64 any of Buyer's agents, contractors or invitees and Buyer agrees to indemnify and hold Seller harmless from any and all losses or 65 damages which Seller may incur due to Buyer's or Buyer's agents, contractors or invitees presence on the Property 66 67 68 69 Buyer Initials ic, Seller Initials COPYRIGHT© WASHINGTON ASSOCIATION OF REALTORS®, FORM P301 -L (7/97) Page 1 of 5 Produced with ZipForm" by Vertisoft Inc. 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Moultray & Associates 402 E Yakima Avenue Suite 710 Yakima WA 98901 Phone: 509-248-9907 Fax 509-248-9493 04708447.UFD No 30688A 70 71 If Buyer fails to waive or satisfy the feasibility study contingency or this transaction fails to close due to a default by the Buyer, the 72 Buyer ❑ shall, ❑ shall not immediately deliver to Seller copies of any studies or inspections, appraisals or surveys and any other 73 information which either the Buyer or the Buyer's agents have obtained in connection with the Buyer's feasibility study 74 7 CONVEYANCE OF TITLE. Conveyance of fee title shall be by D statutory warranty deed ❑ other 75 (statutory warranty deed if not filled in). Buyer and Seller understand that the form of 76 the deed may affect significant legal rights as to which a real estate licensee is not licensed to give advice. If this Agreement 77 provides for the sale and transfer of the vendee's interest under an existing real estate contract, Seller shall convey Seller's interest 78 by an assignment of contract and deed sufficient in form to convey after acquired title. 79 8. CLOSING. Closing shall be within ten (10) days after satisfaction or waiver of all contingencies and "subject to's", but not earlier 80 than October 15 , 1999 , nor later than March 31 , 2000 , the latest of which shall be the 81 termination date of this Agreement. Closing shall mean the date on which all documents are recorded and the net sales proceeds are 82 available for disbursement to Seller. Buyer and Seller shall deposit, when notified and without delay, in escrow with the closing agent 83 all instruments, monies, and other documents reasonably required to complete the closing of the transaction in accordance with the 84 terms of this Agreement. 85 9. POSSESSION. Buyer shall take physical possession of the Property. 86 x on closing 87 other (specify) 88 10. ECROW/CLOSING COSTS Closing shall occur at YAKIMA TITLE & ESCROW , who shall 89 act as the escrow/closing agent unless the parties agree in writing otherwise Unless limited by law or modified by the terms of this 90 Agreement, Buyer and Seller shall pay at closing all customary and usual closing costs and fees, including but not limited to the 91 following: Seller shall pay the Seller's excise tax, the cost of the owner's standard form of title insurance, recording fees, and Seller's 92 half share of escrow fees (unless Buyer obtains VA financing in which case Seller shall pay all escrow fees); Buyer shall pay all costs 93 and fees associated with the financing, recording fees, any other costs agreed to under the terms of this Agreement, and Buyer's half 94 share of the escrow fees (unless prohibited by government regulation). Taxes for the current year, rents, interest, association or 95 homeowner's fees, if any, shall be pro -rated as of the date of closing. Except as described in Paragraph 11(b) of this Agreement, all 96 utility charges shall be paid and/or pro -rated outside escrow directly between Buyer and Seller 97 11 SELLER'S DISCLOSURE AND REPRESENTATIONS If Buyer has any questions regarding the following, Buyer should make Buyer's 98 offer subject to relevant inspections and reports. 99 (a) Utilities: The property is presently served by a. x❑ public water main ❑ private well ❑ community well x❑ sewer main x❑ gas 100 main x❑ electric distribution line ❑ irrigation water rights x❑ telephone x❑ cable TV 101 ❑ other 102 ❑ none of the foregoing The term "served by means (except in the case of a well and irrigation water rights) that a main or 103 line capable of adequately serving the entire property abuts or adjoins the property at some point. NOTWITHSTANDING THE 104 FOREGOING, it is the BUYER'S RESPONSIBILITY TO VERIFY within days (10 days if not filled in), from the date of 105 mutual acceptance of this Agreement, that any utilities serving the property meet Buyer's needs. If the Buyer does not give 106 notice to the contrary within said number of days, it shall be conclusively deemed that said utilities do meet Buyer's needs. 107 (b) Governmental Utilities: Pursuant to RCW 60.80, Buyer and Seller ❑ do request ❑ do not request (If neither box is checked, 108 than "do request" applies.) the escrow/closing agent to administer the disbursement of closing funds necessary to satisfy 109 unpaid utility charges affecting the Property Seller represents that the Property is served by the following utilities operated by 110 the state, county, city or other governmental agencies which have lien rights against the Property The parties authorize the 111 Listing Agent or the Selling Agent to insert, over their signatures, the name and addresses of the following utility providers: 112 Name of Provider Address Name of Provider Address 113 ❑ Sewer ❑ Electricity 114 115 ❑ Storm Water ❑ Garbage 116 Drainage 117 ❑ Water ❑ Irrigation 118 ❑ Special Districts 119 (LID's and ULID's) 120 121 Seller will pay for all utilities through the date of closing and keep all utilities/services presently connected until closing or 122 occupancy by the Buyer, whichever is sooner, except: NONE 123 124 Shares in light and/or water companies and associations, if any, ❑ will ❑ will not be included in the sale. If the Property is 125 served by a septic system, Seller E will ❑ will not have the septic tank pumped prior to closing. If the Prope is served by an 126 individual private well, Seller El will ❑ will not provide a basic water test (bacteriological test) of well water, L] will ❑ will not 127 provide a quantity test, and Seller ❑ will ❑ will not provide an additional water test (primary inorganic chemical test) of well 128 water which meets State Department of Health Services standards. If Buyer wishes any additional type of water test, Buyer 129 should make such request in an addendum attached to this Agreement. 130 (c) Property Maintenance Seller will perform ordinary maintenance on the Property as presently exists until the earlier of closing 131 or as otherwise agreed. Seller will remove all of Seller's personal property, trash, debris, and all articles not agreed to be left at 132 closing. 133 (d) Boundaries/Square Footage Seller makes no representations regarding the locations or length of the boundary lines or size of 134 lot. Buyer has personally observed the Property and has reached Buyer's own conclusions as to the adequacy and 135 acceptability of the Property based upon such personal inspection. 136 137 138 Buyer Initials Seller Initials�/J( 139 COPYRIGHT© WASHINGTON ASSOCIATION OF REALTORS®, FORM P301 -L (7/97) Page 2 of 5 Produced with ZipFormT" by Vertisoft Inc. 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Moultray & Associates 402 E Yakima Avenue Suite 710 Yakima WA 98901 Phone: 509-248-9907 Fax. 509-248-9493 04708447 UFD No 30688A 140 141 12. OTHER ITEMS. The following items are included at no additional cost: N/A 142 143 144 The following items are not included: N/A 145 146 Timber and/or other crops ❑ are ❑ are not included in the sale 147 13. TITLE. 148 (a) Title Insurance to be issued by: yAKIMA TITLE & ESCROW 149 Title Insurance provided at closing shall be I2cj Standard Title Insurance ❑ Extended Title Insurance. (If no box is checked, 150 Standard Title Insurance shall be provided.) Seller will pay the cost of Standard Title Insurance. If Buyer requires Extended 151 Title Insurance, Buyer agrees to pay all costs in excess of those charged for the standard form including, without limitation, 152 increased premiums and survey costs. If a survey is required, Buyer shall order the survey within three (3) business days of 153 receiving notice from the title company that a survey is required and Buyer shall pay the estimated cost of the survey prior to 154 performance of any survey work or Buyer can waive requirement for an extendedolicy and accept standard title insurance. 155 (b) Title Insurance Commitment: Seller authorizes the [1]Listing Agent or Closing Agent, at Seller's expense, to apply for a 156 preliminary commitment ("Commitment") for an ALTA form Owner's policy of Title Insurance ("Policy") as described in 157 subparagraph (a) above, with inflation protection endorsement, if available at no additional charge, to be issued by the above 158 title company Seller shall pay title insurance cancellation fees. 159 (c) Extended Title Insurance Buyer acknowledges that the coverage afforded by a standard form policy of title insurance provides 160 limited or no coverage for loss by reason of conflicts in boundary lines, shortage in area, encroachments, or any other matters 161 which an accurate survey would disclose. More extensive coverage through an extended policy of title insurance may be 162 available for an additional charge and subject to additional requirements imposed by the title company including a survey 163 (d) Title Insurance Exceptions and Exclusions: The title policy shall contain no exceptions to or exclusions from coverage other 164 than those provided in the specified title policy form and those which are consistent with subparagraph (e) below. If title 165 cannot be made so insurable by closing, and if Buyer does not elect to waive any exceptions to coverage which are not 166 consistent with this subparagraph and subparagraph (e) below, this Agreement shall terminate at Buyer's option. 167 (e) Condition of Title Unless otherwise specified in this Agreement, title to the Property at closing shall be free of all 168 encumbrances and defects which interfere with Buyer's intended use of the Property Presently recorded reservations, 169 covenants, conditions and restrictions, easements, and existing building or zoning regulations or restrictions shall not be 170 considered encumbrances or defects provided they do not interfere with Buyer's intended use of the Property. Buyer shall 171 conclusively be deemed to have accepted the condition of title unless the Seller or Listing Agent receives written notice of 172 Buyer's objections within 15 business days (five (5) business days if not filled in) after the Commitment for title insurance is 173 made available to the Buyer. Encumbrances to be discharged by Seller shall be paid from Seller's funds at closing. 174 (f) Mineral rights ❑ are ❑ are not included. 175 14. ASSIGNMENT Buyer may not assign Buyer's interest in this Agreement without Seller's prior written consent. 176 15. DEFAULT/TERMINATION. If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced 177 from the earnest money deposit shall be deducted before the remaining earnest money is refunded to the Buyer or forfeited to Seller. 178 If a dispute should arise regarding the disbursement of any earnest money, the party holding the earnest money may interplead the 179 funds into court and that party shall recover all costs and attorney fees associated with the interpleader action from the earnest 180 money before any disbursements are made Furthermore, if either Buyer or Seller defaults, the non -defaulting party may seek 181 specific performance or damages, except that the Seller's remedy shall be limited as follows if the box below has been checked. 182 0 In the event the Buyer fails, without legal excuse, to complete the purchase of the property, the earnest money deposit made 183 by the Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure 1 Furthermore, if the earnest money deposited exceeds five percent (5%) of the sale price, Seller may retain as liquidated 1 �;+ (W. damages and as Seller's sole remedy earnest money equaling only five percent (5%) of the purchase price; any additional. 18 18 1:: provided, however, that the amount paid to the real estate brokers shall not exceed the agreed brokerage fee. 189 16. ATTORNEYS' FEES/COSTS AND MEDIATION. If the Buyer, Seller, or any real estate licensee or broker involved in this transaction is 190 involved in any dispute relating to this transaction, any prevailing party shall recover reasonable attorneys' fees and costs (including 191 those for appeals) which relate to the dispute. In the event of a dispute, it is recommended (but not required) that the parties engage 192 in mediation in an effort to resolve the dispute without the need for a lawsuit. The Washington Association of REALTORS® does 193 offer a mediation service For information, call 1-800-280-4770. 194 17 FIRPTA COMPLIANCE. The Closing Agent is instructed to prepare a certification that the Seller is not a "foreign person" within the 195 meaning of the Foreign Investment in Real Property Tax Act. The Seller agrees to sign this certification. If the Seller is a foreign 196 person and this transaction is not otherwise exempt from FIRPTA, the Closing Agent is instructed to withhold from the Seller's funds 197 and pay to the Internal Revenue Service the appropriate amount under FIRPTA. 198 18. CASUALTY/LOSS If, prior to closing, the Property is destroyed or materially damaged by fire or other casualty, Buyer may elect to 199 terminate this Agreement, and the remaining earnest money shall be refunded to Buyer 200 19. COMPUTATION OF TIME. Unless specified otherwise herein, any periods of time referenced in this Agreement shall expire at 9:00 201 p.m. (Pacific Time Zone) of the last calendar day of the specified time period, unless the last day is a Saturday, Sunday, or legal 202 holiday as prescribed in RCW 1 16.050, in which event the specified period of time shall expire at 9:00 p.m. (Pacific Time Zone) on the 203 next business day. Any specified period of three (3) days or less shall include business days only. 204 20. PROFESSIONAL ADVICE. Buyer and Seller each acknowledge that it is advisable to have the terms and conditions of this Agreement 205 reviewed by independent legal counsel and/or a tax advisor, as the terms and conditions affect the parties' rights and may have tax 206 implications. Each party is specifically aware that issues such as form of deed used for conveyance, agency representation, 207 financing documents, liquidated damages, title insurance and seller representation are complicated and that the parties may require 208 209 Buyer Initials \ / Seller Initials COPYRIGHT© WASHINGTON ASSOCIATION OF REALTORS®, FORM P301 -L (7/97) Page 3 of 5 Produced with ZipForm " by Vertisoft Inc. 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 No 30688A 210 211 advice that a real estate licensee is not licensed to give and for which parties should contact their own attorney or accountant. 212 Furthermore, Buyer and Seller agree that: (a) they are not relying on any representations or advice by the real estate licensees 213 involved in this transaction; and, (b) they have satisfied themselves as to the terms and conditions of this sale 214 21 GENERAL PROVISIONS 215 (a) Notices: Unless otherwise specified in this Agreement, any notice required or given under the terms of this Agreement must be 216 written. Receipt of any notice shall be defined as the earlier of: three (3) business days following the postmark date, or the date 217 the notice is actually received by the party or at the office of the Listing Agent for Seller and Selling Agent for Buyer regardless 218 of the agency relationships involved. For the purposes of this Agreement, receipt by the appropriate agent (as set forth above) 219 of a copy of documents related to this Agreement, shall constitute receipt by the party Seller must keep the Listing Agent 220 advised of the Seller's whereabouts, and Buyer must keep the Selling Agent advised of Buyer's whereabouts. The Listing 221 Agents responsibility to the Seller and the Selling Agent's responsibility to the Buyer for delivery of notices is limited to calling 222 the party and if the party is not available by phone, mailing the notice to the party's last known address. 223 (b) Faxes and Counterparts: Facsimile transmission of any signed original document, and retransmission of any signed facsimile 224 transmission shall be the same as delivery of an original. At the request of either party, or the closing agent, the parties will 225 confirm facsimile transmitted signatures by signing an original document. This Agreement may be signed in counterparts. 226 (c) Integration. There are no verbal agreements or understandings which modify this Agreement. This Agreement constitutes the 227 full understanding between Buyer and Seller 228 (d) Time is of the Essence: Time is of the essence as to all terms and conditions of this Agreement. 229 (e) Backup Offers: Buyer is aware that during the term of this Agreement, Seller may continue to market the Property and solicit 230 and accept backup offers. 231 (f) Venue/Applicable Law This Agreement shall be interpreted and construed according to the laws of the State of Washington, 232 venue shall be in the county in which the Property is located. 233 (g) Survival: All terms of this Agreement, which are not satisfied or waived prior to closing, shall survive closing. These terms 234 shall include, but not be limited to, representations and warranties, attorneys fees and costs, disclaimers, repairs, rents and 235 utilities, etc. 236 22. ADDITIONAL TERMS AND CONDITIONS ATTACHED EXHIBIT "A" 237 238 239 240 23. ADDENDA/ATTACHMENTS At the time of Buyer's offer, the following addenda/attachments are part of this Agreement: 241 242 Buyer and Seller may only amend this Agreement by mutual written consent. 243 24. AGREEMENT TO PURCHASE. Buyer offers to purchase the Prope on the above terms and conditions. Buyer hereby acknowledges 244 receipt of a copy of this Agreement. Seller shall have until a.m./ ❑ p.m., 19 to accept this offer 245 unless soone withdrawn. by delivering a signed copy to Buyer or Selling Agent's office Acceptance shall not be effective until a 246 signed co . hereof i • ctuallyTeceived by Buy �ojr a the office of the Selling Agent. 247 _� - �' / i7 MOULTRAY & ASS /GLEN GROENIG 248 / 249 BUYER'S SIGNATURE Date 250 251 .,� 07/07/1999 252 BUYER'S SIGNATURE Date Selling Agent's Signature Date 253 254 509-248-9907 509-248-9907 509-248-9907 255 Buyer's Phone (work)/(home) Selling Agent's Phone (work)/(ho 256 257 258 259 260 402 E YAKIMA AVNUE, SUITE 710 YAKIMA , WA 98901 261 Buyer's Address (City, State, Zip) 262 25. SELLER'S ACCEPTANCE. Subject to Seller's counter offer or modifications, if any, Seller agrees to sell the Property on the terms and 263 conditions specified herein. Upon Buyer's and Seller's mutual acceptance of terms, Seller confirms by signing this Purchase and 264 Sale Agreement that the Listing Agent has performed Agent's obligations to Seller by procuring a buyer, and has earned the 265 compensation described in the listing agreement referenced by MLS number **SEE BELOW** Seller confirms that Broker(s) 266 is entitled to collect Broker's compensation directly from the escrow agent at closing from proceeds of the sale Seller acknowledges 267 receipt of a copy of this Purchase and Sale Agreement, si ned by both parties. ❑ Seller's Counter Offer or modifications are made a 268 part of this Agreement. Buyer shall have until ❑ga.m./ ❑ p.m., ,19 , unless 269 sooner withdrawn within which to accept same Acceptance shall not be effective until a signed copy hereof is actually received by 270 S,elleroratthe office ofthe Listing Broker * A COMMISSION OF FIVE (5%) PERCENT OF THE SELLING PRICE PAID 271 l F OM THE ESCROW AGENT AT CLOSING TO MOULTRAY & ASSOCIATES. 272 273 Nr� �°�K l \CSR 274 SELLER'S SIGNATURE Date Listing Broker (Name) 275 Richard A. Zais, Jr. 276 MM 277 YER'ArTURE Date Listing Agent's Signature Date 278 279 Buyer Initials Seller Initials Selling ' o -r ( ame 509-248-9493 e Selling Agent's FAX Number COPYRIGHT® WASHINGTON ASSOCIATION OF REALTORS®, FORM P301 -L (7/97) Page 4 of 5 Produced with ZipFormT'" by Vertisoft Inc. 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Moultray & Associates 402E Yakima Avenue Suite 710 Yakima WA 98901 Phone: 509-248-9907 Fax 509-248-9493 04708447 UFD 280 281 282 283 CITY OF YAKIMA No 30688A 284 (Seller's Name Printed) Listing Agents Phone (work)/(home) 285 286 509--575-6000 287 Seller's Phone (work)/(home) Listing Agents FAX Number 288 289 290 17q North 9nd Street, Yakima, WA 291 Seller's Address (City, State, Zip) 292 293 294 Mortgagee's Name Seller's Loan Number 295 296 297 Mortgagee's Phone Number Mortgagee's Address 298 299 300 There are additional mortgages on this property 301 302 26. BUYER'S RECEIPT A true copy of the foregoing signed by Seller, is hereby received. 303 304 305 306 BUYER WILLIAM C MOULTRAY BUYER AND/OR ASSIGNS 307 308 309 Date Date Contract No. 99-113 Resolution No. R-99-126 COPYRIGHT© WASHINGTON ASSOCIATION OF REALTORS®, FORM P301 -L (7/97) Page 5 of 5 Produced with ZipForm'TM by Vertisoft Inc. 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Mocitray & Associates 402E Yakima Avenue Suite 710 Yakima WA 98901 Phone: 509-248-9907 Fax 509-248-9493 04708447 UFD EXHIBIT "A" For Purchase & Sale Agreement #30688A Notwithstanding any other provision of the Purchase and Sale Agreement, Seller shall have the absolute right to show the property to potential purchasers between January 1, 2000 and March 31, 2000 and receive additional purchase offers for the property. If during said three month period, a bona fide third -party purchase offer is received by the Seller, Moultray will have seven days to agree to purchase the property on the same terms and conditions as the third -party offer If Moultray fails to meet the third -party purchase offer within the specified seven-day period, Moultray shall have no further right to purchase the property and Seller may enter into a third -party purchase and sale agreement. After March 31, 2000, this Purchase and Sale Agreement will lapse and have no further force or effect unless Moultray closes the transaction as provided for herein. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 9 I ITEM TITLE: Moultray & Associates Vacant Land Purchase and Sale Agreement SUBMITTED BY: Glenn Rice, Assistant City Manager, CONTACT: Glenn Rice (575-6123) SUMMARY EXPLANATION: The attached resolution authorizes the City Manager to execute an agreement for the sale of vacant and surplus City land at 3204, 3206 and 3208 West Nob Hill Boulevard. The purchase price of the current appraisal for the 73,000 square foot property is $610,000. Moultray & Associates has made an offer to purchase the property. The terms of the offer are detailed in the Vacant Land Purchase and Sale Agreement attached to the resolution. This property was acquired as part of a real-estate trade with the City in the 1970's. Proceeds from the sale will be deposited in the Transit Capitol Fund for future needs. In December 1998, the Council rezoned these parcels from B- I Professional Business to B-2 Local Business. The Council also added several "conditions precedent" for future uses. The purchasers are aware of these conditions and have accepted them as part of their offer. A copy of Ordinance 98-52 and correlating support data is attached for your information. Resolution X Ordinance Contract Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: �� tt Y Manager er STAFF RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: AN ORDINANCE ORDINANCE NO. 98- 5 2 concerning land use and zoning, rezoning three parcels located at 3300 W. Nob Hill Boulevard, 1102 S. 32nd Avenue, and 1101 S. 34th Avenue from Professional Business (B-1) to Local Business (B-2) and amending the zoning map of the Yakima Urban Area accordingly. WHEREAS, the City of Yakima (hereafter referred to as the "Applicant") has requested amendment of the Official Yakima Urban Area Zoning Map to rezone three parcels of land at 3300 W. Nob Hill Boulevard (Yakima County Assessor's Parcel #181327-41490), 1102 S. 32nd Avenue (Yakima County Assessor's Parcel #181327-41489), and 1101 S. 34th Avenue (Yakima County Assessor's Parcel #181327-41491) in Yakima, Washington (referred to below collectively as "the Subject Property") from Professional Business (B-1) to Local Business (B-2) (see Department of Community and Economic Development file UAZO RZ #9-98 and UAZO EC #22-98); and WHEREAS, on August 13, 1998, the City of Yakima Hearing Examiner conducted a duly convened open record public hearing regarding the requested rezone, and after considering the contents of the file and evidence received at the public hearing, issued his Examiner's Recommendation, Examiner No. IU98-2-22, dated August 27, 1998; and WHEREAS, the Hearing Examiner recommended approval of the requested rezone subject to several conditions stated on pages 7-8 of -his Recommendation; and WHEREAS, the City Council considered the requested rezone and the Hearing Examiner's Recommendation at its regular pubhc meeting on October 6, 1998; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds with respect to the requested rezone that, subject to the conditions recommended by the Hearing Examiner as stated on pages 7-8 of his Recommendation: 1. The Subject Property is suitable for uses permitted in the Local Business (B-2) zoning district; 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls; and NOB HILL REZONE (UAZO RZ #9-98, UAZO EC #22-98) Page 1 of 3 WHEREAS, it is in the best interests of the City and its people to adopt the Hearing Examiner's findings and conclusions and recommendation and, subject to the conditions recommended by the Hearing Examiner as stated on pages 7-8 of his Recommendation, to approve the requested rezone; now, therefore, ia, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The Yakima City Council adopts and incorporates by reference the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU98-2-26, City Nos. UAZO RZ #9-98 and EC #22-98, issued August 27, 1998. Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima is amended to rezone the Subject Property from Professional Business (13-1) to Local Business (13-2) in the vicinity of 3300 W. Nob Hill Boulevard, 1102 S. 32"d Avenue, and 1101 5. 34th Avenue in Yakima, Washington, and legally -described as: Lots 1, 2, and 3 H.L. Smith Addition as recorded in Volume "Y" of Plats, page 47, records of Yakima County, Washington. Section 3. Subject to the conditions stated in Section 5 below, the City Council finds formally that: 1. The above-described Subject Property is suitable for uses permitted in the Local Business (13-2) zoning district; 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15.23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls. Section 4. Subject to the conditions stated in Section 5 below, the requested rezone is granted and the Official Yakima Urban Area Zoning Map within the City of Yakima is amended accordingly to rezone the Subject Property from Professional Business (B-1) to Local Business (B-2) . Section 5. Conditions Precedent: Tne rezone provided herein shall not become effective unless and until the Applicant records restrictive covenants that require: A. Reciprocal access easements for shared access from Nob Hill Boulevard for all three lots and secondary shared access from South 32"d and South 34th Avenues. B. Construction of a six -foot -high, view -obscuring fence (site screening Standard C under the Urban Area Zoning Ordinance) along the south property line of all lots prior to issuance of a building permit for any lot. The City expressly reserves its rights as owner to require NOB HILL REZONE (UAZO RZ #9-98, UAZO EC #22-98) Page 2 of 3 WHEREAS, it is in the best interests of the City and its people to adopt the Hearing Examiner's findings and conclusions and recommendation and, subject to the conditions recommended by the Hearing Examiner as stated on pages 7-8 of his Recommendation, to approve the requested rezone; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The Yakima City Council adopts and incorporates by reference the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU98-2-26, City Nos. ,UAZO RZ #9-98 and EC #22-98, issued August 27, 1998. Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima is amended to rezone the Subject Property from Professional Business (B-1) to Local Business (B-2) in the vicinity of 3300 W. Nob Hili Boulevard, 1102 S. 32nd Avenue, and 1101 S. 34th Avenue in Yakima, Washington, and legally.described as: Lots 1, 2, and 3 H.L. Smith Addition as recorded in Volume "Y" of Plats, page 47, records of Yakima County, Washington. Section 3. Subject to the conditions stated in Section 5 below, the City Council finds formally that: 1. The above-described Subject Property is suitable for uses permitted in the Local Business (B-2) zoning district 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15.23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls. Section 4. Subject to the conditions stated in Section 5 below, the requested rezone is granted and the Official Yakima Urban Area Zoning Map within the City of Yakima is amended accordingly to rezone the Subject Property from Professional Business (B-1) to Local Business (B-2). Section 5. Conditions Precedent: The rezone provided herein shall not become effective unless and until the Applicant records restrictive covenants that require: A. Reciprocal access easements for shared access from Nob Hill Boulevard for all three lots and secondary shared access from South 32nd and South 34th Avenues. B. Construction of a six -foot -high, view -obscuring fence (site screening Standard C under the Urban Area Zoning Ordinance) along the south property line of all lots prior to issuance of a building permit for any lot. The City expressly reserves its rights as owner to require NOB HILL REZONE (UAZO RZ #9-98, UAZO EC #22-98) Page 2 of 3 additional site screening or to otherwise elaborate on this condition by appropriate means, including a subsequent restrictive covenant, as a condition on any sale of the property. C. Construction and/or repair as necessary of sidewalk on the east side of South 34th Avenue prior to issuance or as a condition of a building permit for that lot. D. Construction and/or repair as necessary of curbs, gutters, and sidewalks for each lot prior to issuance or as a condition of a building permit for that lot. Section 6. The City Clerk is hereby authonzed and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 7. Subject to the foregoing provisions and conditions, this ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter, and this action shall be final and conclusive unless within 21 days from the date this ordinance is passed by the City Council an aggrieved party commences proceedings for review pursuant to the provisions of .Chapter 36.70C RCW. PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved this__ _ day of November, 1998. Al _LEST: .a, KAREN. S, ROBERTS, CMC City Clerk1 Publication Date: / 1 '67 Effective Date: t i t C:\word docs\rezones\city nob hill prop\rezone ord.doc 10/28/98 252 PM S/ JOHN PUCCINELLI John Puccinelli, Mayor NOB HILL REZONE (UAZO RZ #9-98, UAZO EC #22-98) Page 3 of 3 1 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: UAZO RZ#9-98 APPLICANT: CITY OF YAKIMA EQUEST: REZONE 3 PARCELS FROM B-1 TO B-2 LOCATION. VICINITY OF 3300 W. NOB HILL Subject Property Zoning Boundary - - Yakima City Limits 1014 1011 1013 1015 - 1012 tri s y',4 ra t 1101 aa 1103 0 i 3113 3209 i 3205 , 3201 W E 107 i1 1106 VI NCENTA D — / I 1 Q rjuw rM 1109 1108 3212 ! 3208 3204 ' 3202 1111 1110 1113 1112 1115 1114 1113 1112 1115 1114 — 1011 101 1103 ! 1104 1105 1106 R 1107 1108 1109 1110 1113 1112 Current Zoning CURRENT ZONING SR Suburban Residential R-1 Single -Family Residential J R-2 Two -Family Residential R-3 Multi -Family Residential B -I Professional Business • B-2 Local Business ■ HE Historical Business SCC Small Convenience Center ■ LCC Large Convenience Center CBD Central Business District CBDS CBD Support M-1 Light Industrial . M-2 Heavy Industrial CO ' PCE NT i I■ HILL BLVD VI NCE NTA D ! I 1Q I Future Land Use FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office Neighborhood Commercial Large Convenience Center Arterial Commercial ▪ CBD Core Commercial Wholesale/Warehouse 111 Industrial Urban Reserve 1 L n\fl D 1U A L1 —D—R (----1"/ I N C SIV V E j !) 41* S0\lERsEr 0R0tP NORM Y SSOCIATES ® REAL ESTATE ® DEVELOPMENT January 27, 2000 Mr. Glenn Rice Assistant City Manager OFFICE OF THE CITY MANAGER 129 North Second Street Yakima, WA 98901 RE: Sale of 2nd and Nob Hill Property (Parcel nos. 181327-41489/41490-41491) Dear Glenn: As you know, Moultray & Associates and/or assigns negotiated a Purchase and Sale Agreement, No. 30688A, with the City of Yakima on September 14, 1999 to be closed on or before March 31, 2000. I am writing this letter to request an extension of 60 days to allow the feasibility contingency date and the closing date to be changed to June 1, 2000 with all other terms and conditions remaining the same. The property is being developed by three different entities as shown on the attached site plan. The Chevron station and convenience store will be located at the corner of 32nd and Nob Hill and will require the east 40 feet of Lot 2 and all of Lot 1. Wendy's restaurant will take the next 135 feet to the west of lot 2 and a strip center of small retail shops will be located on the west 100 feet of Lot 2 and all of Lot 3. Intent to purchase letters have been negotiated with all three of the above clients. However, Wendy's application and approval are taking longer than expected and their Class H review may not be accomplished by the end of March. The Chevron Class 111 review application is in progress as well and may not be concluded by March 31. Rather than waiting until the last minute to request an extension, we would rather plan ahead, make provisions, and continue to move ahead as quickly as possible. Your assistance in making this provision will be greatly appreciated. Sincerely, Glen W Groenig GWG/j c. ASSESSOR'S PLAT I -3 k)rtI1, ;ALE 111 = 21001 08 PILL 2E!.?.E0 31.V0 7• L •11414 .55 - 41483 .35 r s • is'i CcrAifk q. F'ADDACKS ;-OARt` - t' 41413 f 414.6 3') •/r r_ I.( _L_ 41.521 .29 1i) 41435 42 34-25/ 415,- 4,37 \ 4.539 ,- 41520 • i 2.44 - 6. 41 540-/4--/ 11541 1.151: -.91414 1'SL PE -P, 64- 23/ 41536 2 •153: .Ct/_.l-.Y6I/2-.4 ,4,1+\\ 14249442485 \ 1'1 Ie D 'L r / �] ,..7. 115,5 7 82 a .3 79•/K 79./22 4144$ 414.7 CLINT')ri W 45435 2 41444 1426 CA AVE. 4 -i 17 /3 /4 11510 44. FR NK 10 41448 414 19 41443 41:J6 4'545 9 1154? .463E J 11544 I/1 • 1�T /6 - •:7 '1, 4;549 415.31 31551 Er,. 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LOTS"'"'- i�'thru I -i Z15 41490 H.L.SMITH AOC'. .149' 4'533 ''534, 4S • 3/U _i;15c /,', / 41401 .38 41489 130 /' 7 415., - 4 5,-' 4x507 1502 1 b \ ▪ /INCENTA DR. /( • /3 --------1 i ?3I 22 1/ 120 41511 41,1:,1 415.9 41508 8 41997 I 41498 C J K - 414,7 1 3F r 41406 25 41411 .20 41461 i -i •I 2S 415'2 141517 ..1417,.3 25 1' 4:515 I 26 '1514 41315 • > A 750 17 /1 4,46? 41464 4.465 ,9 ^I ll-,1or; 41466 41460 /7 /6 /• /4 FRANK 'Lf UNDS YI4147 1 4. L-' I -O 41 ,, 4,4E,µ 4!467 1� „Li It-- 1 6 Q 4'171 -t-4i7172.� - 4 /8 3 1p .41458 7-41407 .1• 71 5 •,4• 41:74 41473 ' •• 2/ 20 7.;41478 1 1 41403 .20 14/459 41410 .20 41407 .17 1 41404 ----~' 4/457 i7 1 4;406 -� A7 v4f43ti 7 _ 41403 41454 111487 2.: -50 AIDD TION "9° 1 s,ea� •4C• 4/4:"5 EAiR '816()SS 41477- 1 .>_ j 23 24 41433 ri.axxx.rozeIQ S W N I 4- 1439 Fs0' 1144C 2 90' DMS 25 4444! FRANKILUN 4444:- 44442 .6 3' I u7 7- A1L- 44453 4''-15,: 44451 4445,, 144049 14444, 1-,4447 ,15 SE. 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