HomeMy WebLinkAboutR-2015-089 Surplus Property Designation and Disposition; 2312 West Nob Hill BoulevardA RESOLUTION
RESOLUTION NO. R-2015-089
declaring the property located at 2312 West Nob Hill Boulevard, Yakima
Washington 98902 to be surplus to the uses and needs of the City of
Yakima, and authorizing disposition of such parcel
WHEREAS, in February 2014 the City of Yakima (City) purchased the subject property
(2312 West Nob Hill Boulevard, "the site"), along with three other properties from the Tiger Oil
Corporation for the public purpose of environmental remediation and site clean-up, and
WHEREAS, the City received from the Department of Ecology on June 5, 2014 Notice of
Potential Liability under the Model Toxic Control Act which named the City, as property owner,
to be liable for the release of hazardous substances under RCW 70 105D 040; and
WHEREAS, on July 8, 2014 received a Notice of Determination of Potentially Liable
Person Status (PLP) the requiring the clean-up and remediation of the site; and
WHEREAS, the City applied for and received from Department of Ecology a $500,000
Remedial Action Grant to fund the clean-up of the site; and
WHEREAS, the Department of Ecology (DOE) issued the Notice of Proposed Consent
Decree on July 2, 2014 As part of the Consent Decree process, DOE conducted compliance of
the clean-up project under the Washington State Environmental Policy Act (SEPA), and issued
on August 15, 2014 a Determination of Nonsignificance (DNS), for which no timely appeal has
been filed; and
WHEREAS, pursuant to the agreement and funds for the Remedial Action Grant, the
City of Yakima entered into a Professional Services Agreement with Maul Foster Alongi to
manage the clean-up and schedule the remediation work. The terms of the clean-up were jointly
guided between the DOE and the City of Yakima; and
WHEREAS, on June 17, 2015 the Interim Remedial Action Completion Report for the
site was submitted to the DOE for final review and approval Following approval a "No Further
Action Letter" will be issued by DOE; and
WHEREAS, the City Council finds and determines that the subject property is surplus to
the uses and needs of the City of Yakima, and that a declaration of surplus and authorization for
disposition of the Subject Property, are in the best interests of residents of the City of Yakima,
and will promote the public health, safety and welfare; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Fee title ownership of the Subject Property is hereby declared surplus to the
uses and needs of the City of Yakima.
Section 2. The City Manager is hereby authorized to dispose of the Subject Property by
any means authorized by law, subject to the following conditions:
(a) The Fair Market Value is to be determined by a certified appraiser, who will establish
a minimum sales price equal to no less than fair market value;
(b) The sale of the property will be subject to the retention of easements for public
utilities as deemed necessary and appropriate by the City of Yakima;
(c) The sale of the property is subject to the terms and conditions as detailed in the
Environmental Covenants as specified by DOE for this subject property The
respective covenants shall be recorded with the title to the property and shall run
with the interest in the land,
(d) The sale shall be subject to the issuance of the No Further Action Letter by DOE
Section 3. The City Manager is authorized to dispose of the property by any means
deemed necessary and appropriate in accordance with applicable codes and laws of the State
of Washington, including but not limited to negotiations for the sale of the Subject Property, and
to prepare and execute a deed of conveyance to accomplish such sale in accordance with the
terms and conditions above, and to deliver such deed for recording by the purchaser upon
payment in full to the City of Yakima of the consideration described above; now, therefore
ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015.
ATTEST
Sonya C
Tee, City Clerk
Micah Cawl , Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.F.
For Meeting of: July 7, 2015
ITEM TITLE: Resolution declaring surplus and authorizing disposition of the
Tiger Oil property located at 2312 West Nob Hill Blvd
SUBMITTED BY: Joan Davenport, AICP, Community Development Director (509)
576-6417
Mark Kunkler, Senior Assistant City Attorney
SUMMAR Y EXPLANATION:
This resolution declares the real property located at 2312 West Nob Hill Boulevard as surplus to the needs
and interests of the City of Yakima, as well as authorizes the City Manager to proceed with the disposition
of the property. The site was acquired in May 2014 by the City (along with 3 other properties) from the
former Tiger Oil for the purpose of environmental remediation and clean-up. Remediation is now
complete and the Department of Ecology is in the final phases of site approval.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Approve the Resolution and commence the disposition process for sale of the site.
ATTACHMENTS:
Description Upload Date
❑ Resolution to Declare Surplus Property 2312 WNHB 6/29/2015
Type
Resolution
FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE
THIS FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE (this
"Amendment"), dated as of May 2, 2016 (the "Effective Date"), is made by and between THE
CITY OF YAKIMA, a municipal corporation of the State of Washington ("Seller") and
ARGONAUT INVESTMENTS, LLC a Delaware limited liability company ("Buyer").
RECITALS:
A. Seller and Buyer are parties to that certain Agreement of Purchase and
Sale dated February 23, 2016 (the "Purchase Agreement"), whereby Seller has agreed to
sell and Buyer has agreed to purchase the Property.
B. Seller and Buyer wish to amend the Purchase Agreement in accordance
with the terms, covenants and conditions set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows.
1. Definitions. Capitalized terms used and not otherwise defined herein shall
have the meaning given to such terms in the Purchase Agreement.
2. Contingency Period. The first sentence of Section 2.2 of the Purchase
Agreement is hereby deleted in its entirety and amended to read: "As used in this
Agreement, the term "Contingency Period" means that period commencing on the
Effective Date and ending at 5:00 p.m. Pacific Time on June 1, 2016."
3. Effect of Amendment. Except as modified by this Amendment, the
Purchase Agreement is in full force and effect and unmodified. The parties hereby ratify
and reaffirm the Purchase Agreement, as modified by this Amendment.
4. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together
shall constitute one and the same instrument. Counterpart signature pages may be
detached from separately delivered counterparts of this Amendment and attached to
other, identical counterparts of this Amendment, or to a version of this Amendment that
is identical to that from which the signature page was detached, in order to create a fully
executed original version of this Amendment. Faxed and emailed signature pages shall
be deemed originals for all purposes.
5. Authority. Seller and Buyer each warrants and represents to the other that
the execution, delivery and performance of the Purchase Agreement and this
Amendment: (i) are within the powers of each of Seller and Buyer; and (ii) have been
duly authorized by all requisite action of Seller and Buyer. Additionally, the persons
executing this Amendment on behalf of Seller and Buyer represents that he has the
authority to sign this Amendment and to bind the party on whose behalf such person is
signing.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date and year first above written.
SELLER:
CITY OF YAKIMA, a municipal
BUYER:
ARGONAUT INVESTMENTS, LLC,
corporation of the State of Washington a Delaware imited liability company
By: I /. _ _
Name:��/l Gad
-
By:
MOi[A IA_
By
2
hen B. Jaeger, Manager
First American Title Company of Oregon
National Commercial Services
200 SW Market Street, Suite 250, Portland, OR 97201
(503)795-7608 - Fax (866)406-9291
CANCELLATION INSTRUCTIONS
To: First American Title Company of Oregon National
Commercial Services
Escrow Officer: Rachael Rodgers
Re: 2312 West Nob Hill Boulevard, Yakima, WA
File No.: NCS -779557-0R1 (RR )
Today's Date: 05/26/2016
You are instructed to cancel the above numbered escrow upon receipt of these instructions agreed to by all
parties. Buyer(s) and Seller(s) hereby mutually agree to release one another and First American Title
Company National Commercial Services from any and all liability in connection with this escrow.
You are further instructed to disburse funds held by you in escrow, in the amount of $10,000.00 as follows:
$10,000.00 payable to Argonaut Investments, LLC
If funds remain in escrow ninety (90) days from the date of these instructions, then a monthly FUNDS HELD FEE
of $25.00 shall accrue for each month or fraction of a month thereafter that the funds, or any portion thereof,
remain in escrow. Escrow Holder is instructed to deduct the monthly Funds Held Fee directly from the funds held
on a monthly, or other periodic basis (i.e. quarterly, semi-annually, etc.). By signing below, the parties
acknowledge and agree to pay these sums to compensate you for your administration, monitoring, accounting,
reminders and other notifications and processing of the funds so held in accordance with this Funds Held Fee
agreement.
SELLER:
City of Yakima
CA't(4
By911
BUYER:
Argonaut I vestments, LLC
By:
ecokion.
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