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HomeMy WebLinkAbout05/05/2009 07 Memo: Summary of Bids for the Rehabilitation of 201 S. 8th Streeta Date: To: CC: From: Subject: MEMO May 5, 2009 Bill Cook, Director of Community and Economic Development Michael Morales, Deputy Director of Community and Economic Development Archie M. Matthews, Operations Supervisor of Neighborhood Development Services Summary of bids for the Rehabilitation of 201 S. 81h Street. At the direction of Yakima City Council on April 21, 2009, ONDS posted "For Sale" signs on the property located at 201 S. 8th Street and accepted bids from April 22 through May 4. ONDS has received a total of five (5) proposals for rehabilitation of the existing structure: 1. Mary- Abigail Burnet /Fred Dills - Requests the City "gift" the property and they would restore the structure to a "tri -plex" 2. Gavicel Antunez offered amount $7 000 3. Impact Construction 4. Rogelio Torres 5. Albino Perez I offered amount $15,000 offered amount $20,200 offered amount $21,000 Matthews, Archie From: Mary Burnett [emailmarywhenulike@gmail.com] Sent: Monday, May 04, 2009 2:15 PM To: Matthews, Archie Subject: Proposal for 201 S. 8th st. Hello, attached you will find Valley Rental's proposal for 201 S. 8th St. Originally we proposed that we move the house, but we have changed our proposal to taking the hous on site. If you have any questions please feel free to contact me. Mary- Abigail Burnett emailmarywhenulike mail.com (509) 863 -7693 5/4/2009 I Matthews, Archie From: Mary Burnett [emailmarywhenulike@gmail.coml Sent: Monday, May 04, 2009 2:16 PM To: Matthews, Archie Subject: Whoops, forgot the attachement Attachments- 201 Proposal.docx Sorry,'here you go. Mary-Abigail Burnett emailmarywhenujiLke@gmAiLl.corq (509) 863-7693 5/4/2009 C Valley Rental Fred Dills 509 - 961 -4703 To whom it may concern, Valley Rentals would like to propose that 201 S. 8th Street be gifted to us by the city. We would in turn, renovate the house and make the needed repairs. Valley Rentals would like to leave the building as a triplex. The original goal of the city in providing housing that is affordable for low income families would be achieved through private funds. If you have any questions or concerns you can contact Mary Burnett at 509- 863 -7693 or maburnett@wsu.edu. Fred Dills Cj—j UZ Shortcut to CED.Ink Sale of property at 201 South 8th Street By the Office of Neighborhood Development Services (ONDS) City of Yakima, Yakima Washington April 27, 2009 The Office of Neighborhood Development Services is accepting offers to purchase and restore the single family residential property at 201 South 8"' Street. Please follow the conditions below in submitting a proposal. Proposals must be received at the offices of ONDS, 112 South 8`" Street, by 4:00 pm Monday, May 4, 2009 to be considered. . Conditions: 1. The existing house must be repaired /restored to a single family home within one year. 2. A walk through of the building is required to submit a proposal. Please contact Archie Matthews at 575- 6101 to schedule your visit. 3. Sale price: best cash offer. 4. Deadline for written offers is 4:00 pm Monday May 4, 2009. 5. Sale of property is "as is" 6. Include in your written offer: a. Brief summary of your construction/development experience b. Date you walked through the house c. Proposed timeline for repairing/restoring the house d. Your cash offer e. Name, address, phone number 1 M 0, 1 e. a5 i1, x `1 '�' `�'r'' � ► 1 � IA�11'1�,1C1 �G � �1 J ,; rC9, 1-tv , C) -F t �� A) -a vC-\C> c" VIT m S-T {ski ►} W � �6 � �i�' � � 5 }� V City of Yakima, ONDS 112 S. 8" Street Yakima WA. 98901 SEALED PROPERTY BID FORM For: 201 S. 8th St. (See Attachment "A "for Legal Description & Directions) Bidder Information Name of Bidder J U 6 n C. ma.+ --k'ne Z Address of Bidder )2-0 E ioo n y Lane Telephone (Soy q"t evt - lsf 2b� Cell f soq) c37 7 - 2`( oa- Bidder is: 4ndividual Corporation Partnership Other Social Security No OR TIN number Amount of Bid $ 15- b O D Bidder is welcome to contact Archie Matthews at ONDS (509)575 -6101 to inspect property. The deadline for submitting a proposal to be considered a finalist for Phase One is Friday, March 20, 2009 at 4:30. Interested parties may request a copy of the RFP packet with all information and criteria by contacting ONDS at (509) 575 -6101 or emailing dlindsey_@ci.yakima.wa.us. The following website also contains information on the property and pictures: www.homesbyowner /67182.com I understand that the Seller reserves the right to accept or reject any bid. Phase One (February 18 to March 20, 2009) requires a general .discussion of your proposal for the development of the property into a single - family residential unit and a summary of your history and experience working on similar projects. (Attachment "B ") Phase Two will require selected finalists to submit a detailed proposal, including a "sources and uses" statement. They will also be required to contact ONDS for a walk through of the property before submitting their full proposal. (Attachment "B ") Bidder affirms that no official or employee of the City of Yakima is directly or indirectly interested in this bid for any reason of personal gain. property for residential use. The outside of the envelope must contain the words: Proposal for Purchase and Development of 201 S. Ste ST. The Seller shall have the right to request additional information on any project proposals prior to awardment. Any addendums to the proposals must be in written form as an addendum, and signed by both parties. I understand if my bid is selected, I will submit a down payment of $1,000 made payable to City of Yakima, within 3 days after notification. I understand that we agree to close on the property within 30 days of bid awardment at First American Title, 120 N. Naches Ave, Yakima, WA. All bidders agree to applicable Federal and State laws which prohibit the discrimination by reason of sex, race, religion, color or national origin. Sale Terms and Conditions I . The property is being sold "AS IS" with no guarantee or warranty as to condition of the property, subject to the rights of any person in possession and to all easements, liens, covenants, defects, encumbrances, adverse claims, conditions and restrictions. 2. The seller will order the preliminary title commitment and deliver a copy to the buyer at the time the Purchase and Sales Agreement is signed. 3. Buyer agrees to pay $1,000 earnest money within 3 days of awardment. If the bidder fails to complete purchase as required, the seller shall retain the earnest money deposit. 4. Closing shall take place within 30 days of awardment of the bid at First American Title. 5. Possession will be delivered at closing. 6. All plans for the property shall be in compliance with City of Yakima Codes. Print Name: V iA a n (q1r+irMZ,, Print Name: LQc emu, %� -�►2LZ Signature: �v� g � Signature: Date: 0 c 3 03/20/09 Impact Construction 120 Ebony Lane Wapato, WA 989 Proposal I would like to purchase and reconstruct the house located at 201 So. 8t" St. with the purpose of remodeling it and selling it below market value. The exterior part of the house needs new roofing, siding, windows and new doors as well as a fence. The interior needs to be rewired. It also needs sheet rock, flooring /carpeting, interior doors and paint. The kitchen and bathrooms need cabinets and fixtures. I estimate that the repairs will cost approximately $50 -$60 thousand dollars and take about 4- 5 months. In view of the fact that the renovation cost is so high and I would like to sell the home below market value, I am willing to offer $15,000. Experience: I have been in the construction /steel fabrication business,since June of 1995. In 1998,1 purchased three houses and renovated them individually. I built a new rental last August from the ground up. I obtained my General Construction license in January of this year. I recently finished two burnt houses in Wapato and have provided their telephone numbers. Please feel free to call the references below. Please let me know if additional references are needed. References: Commercial Imprenta B & E Auto Detailing Auto Choppers Martinez Body Shop Residential Angie Alvarado Rafael Gonzalez Thank You J an C. Martinez Impact Construction (509) 949 -8269 (509) 833 -1198 (509) 469 -4819 (509) 454 -2886 (509) 877 -2573 (509) 877 -3066 (509) 985 -8645 Business & Residential O 2-0 Q 71 v Shortcut to CED.Ink Sale of property at 201 South 8th Street By the Office of Neighborhood Development Services (ONDS) City of Yakima., Yakima Washington April 27, 2009 The Office of Neighborhood Development Services is accepting offers to purchase and restore the single family residential property at 201 South 8'h Street. Please follow the conditions below in submitting a proposal. Proposals must be received at the offices of ONDS, 112 South 8t' Street, by 4:00 pm Monday, May 4, 2009 to be considered. Conditions: 1. The existing house must be repaired /restored to a single family home within one year. 2. A walk through of the building is required to submit a proposal. Please contact Archie Matthews at 575- 6101 to schedule your visit. 3. Sale price: best cash offer. 4. Deadline for written offers is 4:00 pm Monday May 4, 2009. 5. Sale of property is "as is" 6. Include in your written offer: a. Brief summary'of your construction/development experience b. Date you walked through the house c. Proposed timeline for repairing/restoring the house d. Your cash offer e. Name, address, phone number , Lq vi 7 re-pw ° Je j t M y 5 7/7 91l 1 dL 14 1,5 prZ ���e.rw 7z gyik.5 (51)5-75 r12� Form 21 ©Copyright 2009 Residential Purchase & Sale Agreement Northwest Multiple Listing Service Revised 1/09 ALL RIGHTS RESERVED Page 1 of 5 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 1. Date: _Apri12 9, 2009 MLS No.: FSBO 2. Buyer: Albino Perez 3. Seller: City Of Yakima 4. Property: Tax Parcel No(s).: 19131913568 (_ Yakima County) Street Address: 201 S 8th St. Washington 98901 Legal Description: Attached as Exhibit A. 5. Included Items: ❑stove /range; ❑refrigerator; ❑washer; ❑dyer; ❑ dishwasher; ❑ hot tub; ❑ fireplace insert; ❑ wood stove; ❑ satellite dish; ❑ security system; ❑ other 6. Purchase Price: M a lj 6C�01Cash .13 Ti,<,s.OL ?%,ems Sa 1. J_ ofl � . 7. Earnest Money: (To be held by Selling Broker; ❑ Closing Agent) Personal Check: $500.00 Note: Other ( ): 8. Default: (check only one) ❑✓ Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 9. Disclosures in Form 17: Buyer will ❑ ; will not ✓❑ have a remedy for Seller's negligent errors, inaccuracies, or omissions in Form 17 10. Title Insurance Company: Sellers Choice :11. Closing Agent: ❑ a qualified closing agent of Buyer's choice; ❑ 12. Closing Date: 05/29/2009 13. Possession Date: 0 on Closing; ❑ Other 14. Offer Expiration Date: 15. Services of. Closing Agent for Payment of Utilities: ❑ Requested (attach NWMLS Form 22K); ❑✓ Waived 16. Charges and Assessments Due After Closing: ❑ assumed by Buyer; 2 prepaid in full by Seller at Closing 17. Agency Disclosure: Selling Licensee represents ❑✓ Buyer; ❑ Seller; ❑ both parties; ❑ neither party Listing Agent represents ❑✓ Seller; ❑ both parties 18. Addenda: Legal, Lead Based Disclo, Buyer agrees to pay Broker 7.% of the purchase price as compensation for Broker's service at closing_ Buyer's Signature Date Seller's Signature Date Buyer's Signature 215 S 7th St. Buyer's Address Yakima Wa. 98901 City, State, Zip Phone Date Fax Buyer's E -mail Address Century 21 Central Realty Selling Broker MLS Office No. Clemente Mendoza Selling Licensee (Print) MLS LAG No. 509- 930 -9343 509 -575 -1513 Phone Fax Seller's Signature Date Seller's Address City, State, Zip Phone Fax Seller's E -mail Address Listing Broker MLS Office No. Listing Agent (Print) MLS LAG No. Phone Fax �5_ Form 21 ©Copyright 2009 Residential Purchase & Sale Agreement Northwest Multiple Listing Service Revised RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 2 of f 5 5 GENERALTERMS (continued) a. Purchase Price. Buyer agrees to pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, 1 unless otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in 2 accordance with this Agreement and is not relying on any contingent source of funds, including funds from loans, the 3 sale of other property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer agrees to deliver the Earnest Money within 2 days after mutual acceptance of this Agreement 5 to Selling Licensee who will deposit any check to be held by Selling Broker, or deliver any Earnest Money to be held 6 by Closing Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held 7 by Selling Broker and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Broker's 8 name provided that Buyer completes an IRS Form W -9. Interest, if any, after deduction of bank charges and fees, 9 will be paid to Buyer. Buyer agrees to reimburse Selling Broker for bank charges and fees in excess of the interest 10 earned, if any. If the Earnest Money held by Selling Broker is over $10,000.00 Buyer has the option to require Selling 11 Broker to deposit the Earnest Money into the Housing Trust Fund Account, with the interest paid to the State 12 Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS Form W -9 before 13 Selling Broker must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest Money shall 14 be deposited into the Housing Trust Fund Account. Selling Broker may transfer the Earnest Money to Closing Agent 15 at Closing. If all or. part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Broker or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to: (1) 17 provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and 18 Licensees at the addresses and /or fax numbers provided herein; and (2) commence an interpleader action in the 19 county in which the Property is located within 30 days of a party's demand for the Earnest Money unless the parties 20 agree otherwise in writing. The parties authorize the party commencing an interpleader action to deduct up to 21 $250.00 for the costs thereof. 22 c. Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box 23 is checked, located in or on the Property are included in the sale: built -in appliances; wall -to -wall carpeting; curtains, 24 drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed 25 television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and 26 gas log lighters; irrigation fixtures; electric garage door openers and remotes; water. heaters; installed electrical 27 fixtures; lighting fixtures; shrubs, plants and trees planted in the ground; all bathroom and other fixtures; and all 28 associated operating equipment. If any of the above Included Items are leased or encumbered, Seller agrees to 29 acquire and clear title at or before Closing. 30 d. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 31 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 32 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 33 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and /or mining rights. Monetary 34 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall 35 be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real 36 Estate Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey 37 after acquired title. 38 e. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then - current 39 ALTA form of Homeowner's Policy of Title Insurance for One -to -Four Family Residence, from the Title Insurance 40 Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer 41 declines to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the 42 party applying for title insurance agrees to pay any title cancellation fee, in the event such a fee is assessed. If the 43 Title Insurance Company selected by the parties will not issue a Homeowner's Policy for the Property, the parties 44 agree that the Title Insurance Company shall instead issue the then - current ALTA standard form Owner's Policy. The 45 Title Insurance Company shall send a copy of the preliminary commitment to Seller, Listing Agent, Buyer and Selling 46 Licensee. The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the 47 General Exclusions and Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein 48 provided. If title cannot be made so insurable prior to the Closing Date, then as Buyer's sole and exclusive remedy, 49 the Earnest Money shall, unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less 50 any unpaid costs described in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have 51 no right to specific performance or damages as a consequence of Seller's inability to provide insurable title. 52 Initials: BUYER: � DATE: q4!2 SELLER: DATE: 53 BUYER: DATE: SELLER: DATE: 54 Form 21 ©Copyright 2009 Residential Purchase & Sale Agreement Northwest Multiple Listing Service Revised RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 3 of f 5 5 GENERALTERMS (continued) f. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls 55 on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, 56 the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when 57 the county recording office is closed. "Closing" means the date on which all documents are recorded and the sale 58 proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on 59 the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession 60 Date. Seller agrees to maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is 61 entitled to possession. If possession transfers at a time other than Closing, the parties agree to execute NWMLS Form 62 65A (Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement /Seller Occupancy After 63 Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance 64 companies to assure appropriate hazard and liability insurance policies are in place, as applicable. 65 g. Section 1031 Like -Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 66 like -kind exchange, then the other party agrees to cooperate in the completion of the like -kind exchange so long as the 67 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 68 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the coopera- 69 ting party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 70 Section 1031 like -kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 71 purposes of completing a reverse exchange. 72 h. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one -half of the 73 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 74 and lienable homeowner's association dues shall be prorated as of Closing. Buyer agrees to pay Buyer's loan costs, 75 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If 76 any payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay 77 such delinquencies at Closing from money due, or to be paid by, Seller. Buyer agrees to pay for remaining fuel in the 78 fuel tank if, prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. 79 Seller agrees to pay all utility charges, including unbilled charges. Unless waived in Specific Term No. 15, Seller and 80 Buyer request the services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in 81 accordance with RCW 60.80 and Seller agrees to provide the names and addresses of all utilities providing service to 82 the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or equivalent). Buyer is advised 83 to verify the existence and amount of any local improvement district, capacity or impact charges or other assessments 84 that may be charged against the Property before or after Closing. Seller will pay such charges that are encumbrances 85 at the time of Closing, or that are or become due on or before Closing. Charges levied before Closing, but becoming 86 due after Closing shall be paid as agreed in Specific Term No. 16. 87 i. Sale Information. The Listing Agent or Selling Licensee is authorized to report this Agreement (including price and all 88 terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and 89 anyone else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance 90 companies, and others related to this Sale, to furnish the Listing Agent and /or Selling Licensee, on request, any and 91 all information and copies of documents concerning this sale. 92 j. FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E 93 or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment In Real.Property Tax 94 Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt 95 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 96 k. Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 97 Agent and the Selling Licensee as well as the orderly administration of the offer, counteroffer or this Agreement, the 98 parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or 99 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must 100 be signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing 101 Agent or at the licensed office of Listing Agent. Notices to Buyer must be signed by at least one Seller and shall be 102 deemed given only when the notice is received by Buyer, by Selling Licensee or at the licensed office of Selling 103 Licensee. Actual receipt by Selling Licensee of a Form 17, Disclosure of Information on Lead -Based Paint and Lead- 104 Based Paint Hazards, Public Offering Statement or Resale Certificate, homeowners' association documents provided 105 pursuant to NWMLS Form 22D, or a preliminary commitment for title insurance provided pursuant to NWMLS 106 Initials: BUYER: ,�f� DATE: SELLER: DATE: 107 BUYER: DATE: SELLER: DATE: 108 Form 21 ©Copyright 2009 Residential Purchase & Sale Agreement Northwest Multiple Listing Service Revised 1/09 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 4 of 5 GENERALTERMS (continued) Form 22T shall be deemed receipt by Buyer. Selling Licensee and Listing Agent have no responsibility to advise of 109 receipt of a notice beyond either phoning the party or causing a copy of the notice to be delivered to the party's 110 address shown on this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of their 111 whereabouts in order to receive prompt notification of receipt of a notice. 112 1. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 113 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 114 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 115 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 116 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include Saturdays, Sundays or 117 legal holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that 118 date, except for the Closing Date, which, if falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, 119 or day when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal 120 holiday, or day when the county recording office is closed. If the parties agree upon and attach a legal description 121 after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, 122 mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, 123 rather than on the date the legal description is attached. Time is of the essence of this Agreement. 124 m. Facsimile and E -mail Transmission. Facsimile transmission of any signed original document, and retransmission of 125 any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the 126 Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E -mail trans- 127 mission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in writing. 128 n. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all prior or 129 contemporaneous understandings and representations. No modification of this Agreement shall be effective unless 130 agreed in writing and signed by Buyer and Seller. 131 o. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written 132 consent, unless the parties indicate that assignment is permitted by the addition of "and /or assigns" on the line 133 identifying the Buyer on the first page of this Agreement. 134 p. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 135 provision, as identified in Specific Term No. 8, shall apply: 136 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5 %) of the 137 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 138 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 1'39 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 140 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 141 any other rights or remedies available at law or equity. 142 q. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 143 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees 144 incurred for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the 145 prevailing party is entitled to reasonable attorneys' fees and expenses. 146 r. Offer. Buyer agrees to purchase the Property under the terms and conditions of this Agreement. Seller shall have 147 until 9:00 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be 148 effective until a signed copy is actually received by Buyer, by Selling Licensee or at the licensed office of Selling 149 Licensee. If this offer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 150 s. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller's 151 name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 152 p.m. on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not 153 be effective until a signed copy is actually received by Seller, by Listing Agent or at the licensed office of Listing 154 Agent. If the counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 155 t. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer /counteroffer, the offer/ 156 counteroffer shall expire 2 days after the offer /counteroffer is delivered by the party making the offer /counteroffer, 157 unless sooner withdrawn. 158 Initials: BUYER: DATE: /,09 SELLER: DATE: 159 BUYER: DATE: SELLER: DATE: 160 5 Form 21 ©Copyright 2009 Residential Purchase & Sale Agreement Northwest Multiple Listing Service Revised 1/09 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 5 of 5 GENERALTERMS (continued) u. Agency Disclosure. Selling Broker represents the same party that Selling Licensee represents. Listing Broker 161 represents the same party that the Listing Agent represents. If Selling Licensee and Listing Agent are different 162 salespersons affiliated with the same Broker, then both Buyer and Seller confirm their consent to that Broker 163 representing both parties as a dual agent. If Selling Licensee and Listing Agent are the same salesperson 164 representing both parties then both Buyer and Seller confirm their consent to that salesperson and his /her Broker 165 representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real 166 Estate Agency." 167 v. Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement 168 to which they are a party. The Listing Broker's commission shall be apportioned between Listing Broker and Selling 169 Broker as specified in the listing. Seller and Buyer hereby consent to Listing Broker or Selling Broker receiving 170 compensation from more than one party. Seller and Buyer hereby assign to Listing Broker and Selling Broker, as 171 applicable, a portion of their funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent 172 to disburse the commission(s) directly to the Broker(s). In any action by Listing or Selling Broker to enforce this 173 paragraph, the prevailing party is entitled to court costs and reasonable attorneys' fees. Seller and Buyer agree that 174 the Licensees are intended third party beneficiaries under this Agreement. 175 w. Cancellation Rights /Lead -Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer 176 receives a Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (NWMLS Form 22J) after 177 mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter. 178 x. Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual acceptance to verify all information provided from Seller or Listing Agent related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Licensee. The parties acknowledge that the Licensees are not responsible for assuring that the parties perform their obligations under this Agreement and that none of the Licensees have agreed to independently investigate or confirm any matter related to this transaction except as stated in this Agreement, or in a separate writing signed by such Licensee. In addition, Licensees do not guarantee the value, quality or condition of the Property and some properties may contain building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Licensees do not have the expertise to identify or assess defective products, materials, or conditions. Buyer is urged to retain inspectors qualified to identify the presence of defective materials and evaluate the condition of the Property. Licensees may assist the parties with locating and selecting third party service providers, such as inspectors or contractors, but Licensees cannot guarantee or be responsible for the services provided by those third parties. The parties agree to exercise their own judgment and due diligence regarding third party service providers. y. Disclosures in Form 17. If Seller provides Buyer with a disclosure statement pursuant to RCW 64.06 (Form 17), Buyer may bring an action in tort to recover economic losses resulting from intentional misrepresentations in Form 17; and if the parties so agree in Specific Term No. 9, Buyer may bring an action in tort to recover economic losses resulting from negligent errors, inaccuracies, or omissions in Form 17. Nevertheless, Buyer is advised to use due diligence to inspect the Property to Buyer's satisfaction, as Seller may not know or have reason to know of defects that careful inspections might reveal. If, in Specific Term No. 9, the parties agree that Buyer will not have a remedy for economic loss resulting from negligent errors, inaccuracies, or omissions in Form 17, then Buyer assumes the risk of economic loss that may result from Seller's negligent misrepresentation in Form 17. Buyer maintains the right to bring any and all claims permitted under the common law, including fraudulent concealment. Buyer and Seller acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer and Seller. Initials: BUYER: 4, 2-7 DATE: ql2q 09 SELLER: BUYER: DATE: SELLER: DATE: DATE: 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 r Protect Your Family From Lead In Your Home / United States EPA Environmental Protection Agency o United States Consumer Product \ Safety Commission United States IIIIII _ Department of Housing and Urban Development L) SITE N' EWE 9 Feb 2009:: News Header The New Assessor Annual Report is avadabl. Parcel Pictures 12 ,aE sT ,_ LXNKE Yakima County GI.S_Map Count- Treasurer Tax -Information Yakima Co unty Home CC1,NTf1CTT.rV US Mailing Address 128 N 2nd St Room 112 Yakima, WA 98901 Phone Numbers (509)5744100 (800)572 -7354 (toll free in WA) Email Dave Cook(Assessor): dave.cQok.@_c_q.yakima.wa.us Home Parcel Search Sales / Other Searches / Departments / Forme+emR Default While this information is intended to be accurate, any manifest errors are unintentional and subject to correction. Please feel free to contact us about any errors you discover and we will try to correct them as soon as possible. To contact us call either (509) 574 -1100 or (800) 572 -7354, or e-mail us at jacob.tate a co.yakima.wa.us Parcel Other Details Property Sales Segregations Taxes Data Parcel Number: 191319 -13568 (View _Map) Situs Address: 201 S 8th St Property Use: 12 Two -to =Four Unit ? Tax Code Area: 331 Size: 0.14 Acre(s) Neighborhood:? 311 Owners) City Of Yakima AJibreviated Legal Description \ N T CHES ADD YAKIMA: LOT 9 BLK 173 ' Details for Residence #1 Building Style: Farm House ? Stories: 1.40 Bedrooms: Quality: Fair ? Main Floor:? 1,602 Full Baths: ? Condition: Poor Upper Floor:? 650 3/4 Baths: ? Year Built: 1910 Basement:? Half Baths: ? Masonry Trim: Finished Fixtures: ? Roof Type: Gable Basement:? Wood Stove: _? Roof Material: Composition Attached Garage: Masonry Fireplace: Flooring:? Carpet Built in /Bsmt Prefab Fireplace: ? FuelT ype: Gas Garage: Wood Deck: Heat T Type, Forced -Duct Central Air: No Patio: Cover: Utility Information. (indicates utility is available at parcel boundary) Gas: Yes Electric: Yes Water: Public Sewer /Septic: Public Site information: values 4 4 20 Property Commercial Zoning: R- Street Two - Street Finish: Paved /Asphlt Type: 1 Type: Way Traffic: Medium Side Walk: Yes Curbs: Yes Location: Road - Fmtage While this information is intended to be accurate, any manifest errors are unintentional and subject to correction. Please feel free to contact us about any errors you discover and we will try to correct them as soon as possible. To contact us call either (509) 574 -1100 or (800) 572 -7354, or e-mail us at jacob.tate @co akima.wa.us Copyright © 2008 Yakima Countv Assessor's Office Website Created by Jacob Tate http: / /yes.co.yakima.wa.us/ assessor /parcel _ details.aspx ?id =63851 4/28/2009 5 Form 22J ©Copyright 2003 Disclosure Lead Based Paint and Hazards Northwest Multiple Listing Service Rev. 03/03 ALL RIGHTS RESERVED Page 1 of 2 DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS Addendum to Purchase & Sale or Lease Agreement The following is part of the Purchase and Sale Agreement dated April 29, 2009 between Albino Perez ( "Buyer" and /or "Lessee ") 2 and City Of Yakima ( "Seller" and /or "Lessor ") 3 concerning 201 S 8th St Yakima Wa 98901 (the "Property ") 4 Purchase & Sale Agreement Lead Warning Statement 5 Every purchaser of any interest in residential real property, on which a residential dwelling was built prior to 1978 6 is notified that such property may present exposure to lead from lead -based paint that may place young children 7 at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological 8 damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. 9 Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real 10 property is required to provide the buyer with any information on lead -based paint hazards from risk assessments 11 or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk 12 assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. 13 Lease Agreement Lead Warning Statement 14 Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health 15 hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. 16 Before renting pre -1978 housing, landlords must disclose the presence of known lead -based paint and lead -based 17 paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead poisoning 18 prevention. 19 Cancellation Rights 20 If a residential dwelling was built on the Property prior to 1978, Buyer may rescind the Agreement at any time up to 21 3 days after Buyer receives this Disclosure, unless Buyer receives this disclosure prior to entering the Agreement. 22 NOTE: In the event of pre - closing possession of more than 100 days by Buyer, the term Buyer also means Tenant. 23 Seller's /Lessor's Disclosure 24 (a) Presence of lead -based paint and /or lead -based paint hazards (check one below): 25 Known lead -based paint and /or lead -based paint hazards are present in the housing (explain). 26 Seller /Lessor has no knowledge of lead -based paint and /or lead -based paint hazards in the housing: 27 (b) Records and reports available to the Seller /Lessor (check one below): 28 rl Seller /Lessor has provided the Buyer /Lessee with all available records and reports pertaining to lead -based 29 paint and /or lead -based paint hazards in the housing (list documents below). 30 31 32 Seller /Lessor has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in 33 the housing. 34 Seller has reviewed the information above and certifies, to the best of Seller's knowledge, that the statements made and 35 information provided by Seller are true and accurate. 36 Seller /Lessor Date Seller /Lessor Date 37 Initials: BUYER /LESSEE: DATE: SELLER/LESSOR: DATE: 38 BUYER /LESSEE: DATE: SELLER /LESSOR: DATE: 39 Form 22J ©Copyright 2003 Disclosure Lead Based Paint and Hazards Northwest Multiple Listing Service Rev. 03/03 ALL RIGHTS RESERVED Page 2 of 2 DISCLOSURE OF INFORMATION ON LEAD -BASED PAINI AND LEAD -BASED PAINT HAZARDS Addendum to Purchase & Sale or Lease Agreement Buyer's /Lessee's Acknowledgment (Continued) 40 (c) Buyer /Lessee has received copies of all information listed above. 41 (d) Buyer /Lessee has received the pamphlet "Protect Your Family from Lead in Your Home." 42 (e) Buyer has (check one below only if Purchase and Sale Agreement): 43 [j Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint 44 and /or lead -based paint hazards. 45 Accepted an opportunity to conduct a risk assessment or inspection for the presence of lead -based paint 46 and /or lead -based paint hazards on the following terms and conditions: 47 This Agreement is conditioned upon a risk assessment or inspection of the Property for the presence of lead- 48 based paint and /or lead -based paint hazards, to be performed by a risk assessor or inspector at the Buyer's 49 expense. (Intact lead -based paint that is in good condition is not necessarily a hazard. See the EPA pamphlet 50 "Protect Your Family From Lead in Your Home" for more information,) 51 This contingency SHALL CONCLUSIVELY BE DEEMED SATISFIED (WAIVED) unless Buyer gives written 52 notice of disapproval of the risk assessment or inspection to the Seller within (10 days if not filled in) 53 after receiving this Disclosure. Buyer's notice must identify the specific existing deficiencies and corrections 54 needed and must include a copy of the inspection and /or risk assessment report. 55 The Seller may, at the Seller's option, within days (3 days if, not filled in) after Seller's receipt of 56 Buyer's disapproval notice, give written notice that Seller will correct the conditions identified by Buyer. If 57 Seller agrees to correct the conditions identified by Buyer, then it shall be accomplished at Seller's expense 58 prior to the closing date, and Seller shall provide Buyer with certification from a risk assessor or inspector 59 demonstrating that the conditions) has been remedied prior to the closing date. In lieu of correction, the 60 parties may agree on any other remedy for the disapproved condition(s), including but not limited to cash 61 payments from Seller to Buyer or adjustments in the purchase price. If such an agreement on non - repair 62 remedies is secured in writing before the expiration of the time period set forth in this subparagraph, then 63 this contingency will be deemed satisfied. 64 If the Seller does not give notice that the Seller will correct the conditions identified in Buyer's risk assessment 65 or inspection, or if the parties cannot reach an agreement on alternative remedies, then Buyer may elect to 66 give notice of termination of this Agreement within days (3 days if not filled in) after expiration of the 67 time limit in the preceding subparagraph or delivery of the Seller's notice pursuant to the preceding subpara- 68 graph, whichever first occurs. The earnest money shall then be returned to the Buyer and the parties shall 69 have no further obligations to each other. Buyer's failure to give a written notice of termination means that the 70 Buyer will be required to purchase the Property without the Seller having corrected the conditions identified in 71 Buyer's risk assessment or inspection and without any alternative remedy for those conditions. 72 Buyer waives the right to receive an amended Real Property Transfer Disclosure Statement (NWMLS Form 73 No. 17 or equivalent) pursuant to RCW 64.06 based on any conditions identified in inspection and /or risk 74 assessment report(s). 75 Buyer has reviewed the information above and certifies, to the best of Buyer's knowledge, that the statements made by 76 Buyer are true and accurate. 77 Buyer /Lessee Date Licensees' Acknowledgment Buyer /Lessee Date Li nsees have i ormed the Seller /Lessor of the Seller's /Lessor's obligations under 42 U.S.C. 4852(d) and are a r f their re onsibility to ensure compliance. D �y Sellin Licen Date Listing Agent Date Initials: BUYER /LESSEE: DATE: SELLER /LESSOR: DATE: BUYER /LESSEE: DATE: SELLER /LESSOR: DATE: 78 79 80 81 82 83 84 5 CONSENT TO DIAL AGENCY THIS CONSENT TO DUAL AGENCY is made by (:!Z7 7 y OF:- (1-a / !!�, 9 ( "Seller "), and ( "Buyer "), for the benefit of the Real Estate Broker ( "B oker ") and/or salesperson ( "Agent "), named herein, regarding property commonly known as: 2 o l -S Y 77-x) S �' V a (K I WK 010 1 �t / The Broker is 1 'em YN 2. 1 Ceh� /c_ ( The Agent (or Agents) is C� %8bN1e P. r1le- in do -Z (and ). Seller and Buyer acknowledge receipt of the pamphlet entitled The Law of Real Estate Agency. The Agent is acting as a dual agent when the Agent has entered into an agency relationship with both the Buyer and the Seller in the same transaction. A Broker is a dual agent in a transaction in which two Agents affiliated with the Broker represent different parties to the same transaction. Seller and Buyer acknowledge that Broker and/or Agent may, is or are acting, as the case may be, as a dual agent or dual agents representing both Seller and Buyer, and hereby consent to such a dual agency relationship. The following are the duties owed by Broker and/or Agent to Seller and Buyer: 1. To exercise reasonable skill and care. 2. To deal honestly and in good faith. 3. To present all written offers, written notices and other written notifications to and from either party, in a timely manner, regardless of whether the property is subject to an existing contract for sale or the Buyer is already a party to an existing contract to purchase. 4. To disclose all existing material facts known by Broker and/or Agent and, not apparent or readily ascertainable to a party; provided, this shall not be construed to imply any duty to investigate matters that the Broker and/or Agent has not. agreed to investigate. A "material fact" means information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. 5. To account in a timely manner for all money and property received from or on behalf of either party. 6. To take no action which is adverse or detrimental to either party's interest in a transaction. 7. To timely disclose to both parties any conflict of interest. 8. To advise both parties to seek expert advice on matters relating to the transactions that are beyond the dual agent's expertise. 9. To not disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship. 10. To make a good faith and continuous effort to find a buyer for the property, except a dual agent is not obligated to seek additional offers to purchase property while the property is subject to an existing contract for sale. 11. To make a good faith and continuous effort to find property for the Buyer, except a dual agent is not obligated to seek additional properties to purchase while the Buyer is a party to an existing contract to purchase or show properties as to which there is no written agreement to pay compensation to the dual agent. The terms of compensation are as follows: O Seller and Buyer acknowledge their consent to this Consent to Dual Agency. If this agreement is in conflict with any other agreement between the parties, individually or collectively, the provisions of this agreement shall control. Seller Seller Buyer Buyer Date Date � Date Date Distributed by the MLS of the Yakima Association of REALTORSO 2/97 5 ( ( i i I •I /� i Mill CI Central Realty 3703 River Rd Suite #1 Q Yakima, WA 98902 Business 509 - 930 -9343 MI Fax 509 - 575 -1513 Clemente Mendoza REALTOR® Each O//i- i,, Independently Owned and Operated u 5