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HomeMy WebLinkAboutR-2002-038 Real Estate Purchase & Sale Agreement - 216 S. 2nd Street (Christopher T. Cook & Colleen M. Cook)RESOLUTION NO. R-2002- 38 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Real Estate Purchase and Sale Agreement for the purchase of property located at 216 South Second Street, Yakima, Washington. WHEREAS, the City desires to purchase the property located at 216 South Second Street, Yakima, Washington, and WHEREAS, an appraisal was prepared by John F. Timm, IFAS of Western Appraisers, Inc. placing a valuation on the property of $100,000.00, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima to enter into Real Estate Purchase and Sale Agreement for purchase of the property located at 216 South Second Street, Yakima, Washington, for the purchase price of $100,000.00, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute a Purchase and Sale Agreement for purchase of the property located at 216 South Second Street, Yakima, Washington, for the purchase price of $100,000.00, and to take all necessary and prudent actions to close the purchase transaction. The final Purchase and Sale Agreement shall be approved as to form by the City Attorney and shall be in substantially the same form as the attached Purchase and Sale Agreement. ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2002. ATTEST: City Clerk (lk)res/pnmhase of 216 s. 2r.n st 3-02.tp ry Place, Mayor REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into this day of April, 2002, by and between CHRISTOPHER T COOK and COLLEEN M. COOK, husband and wife, hereinafter referred to as "Seller", and the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, whose address is 129 North Second Street, Yakima, Washington 98901, hereinafter referred to as "Purchaser", WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, and other valuable consideration, receipt of which is acknowledged, Seller and Purchaser hereby covenant and agree as follows. Section 1. Purchase and Sale of the Property. Seller hereby agrees to sell and Purchaser hereby agrees to purchase, subject to and on the terms and conditions hereinafter set forth and for the price hereinafter fixed, certain real property in Yakima, Yakima County, Washington, legally described as follows. Lot 8, Block 33 of NORTH YAKIMA, NOW YAKIMA, recorded in Volume "A" of Plats, Page 10, records of Yakima County, Washington, and re- recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington. Assessor's Parcel No. 191319-31410. and graphically shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, together with all of Seller's right, title, and interest in and to the buildings, improvements, appurtenances, and fixtures located thereon. The sale property and all improvements attached thereto shall collectively be referred to as the "Property." It is understood that the sale and conveyance made pursuant to this Agreement shall be subject to any and all applicable federal, state, and local laws, orders, rules, and regulations. Section 2. Purchase Price. The purchase price for the Property to be paid by Purchaser to Seller shall be the sum of One Hundred Thousand Dollars ($100,000.00), hereinafter referred to as the "Purchase Price". REAL ESTATE PURCHASE AND SALE AGREEMENT - 1 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 Section 3. Payment of the Purchase Price. The Purchase Price of $100,000 shall be paid in cash at closing with credit for earnest money paid and received pursuant to this Agreement. Section 4. Earnest Money. Within ten (10) business days after the date on which all of the parties have signed this Agreement ("the Execution Date"), an escrow account shall be opened at Lyon, Weigand & Gustafson PS, 222 North 3rd Street, Yakima, washington 98901 (hereinafter sometimes referred to as "Escrow Agent" or "Closing Agent"), and Purchaser shall deposit the sum of One Thousand Dollars ($1,000.00) in escrow with instructions to the Escrow Agent to hold the earnest money in accordance with this Agreement. Section 5. Conditions Precedent to Sale. The Parties' agreement to consummate and close the purchase and sale of the Real Property as contemplated by this Agreement, is subject to the fulfillment of all of the following conditions precedent in the manner set forth below. (a) Title Review. Within twenty (20) days after the execution date, Seller, at its sole cost and expense, shall obtain and provide Purchaser with a standard form ALTA commitment for title insurance ("the Title Commitment") for the Real Property. Purchaser shall have twenty (20) days after its receipt of the Title Commitment to notify Seller in writing of any title exceptions or defects, excluding those matters deemed acceptable in Section 6, disclosed by the Title Commitment which are unacceptable to Purchaser. If any such disapproved item is not eliminated from the title commitment by Seller within thirty (30) days after Seller's receipt of Purchaser's notice or Closing Date, which ever occurs sooner, then the entire Escrow Fund, less any sums for which Purchaser has become obligated to Seller under this Agreement, shall be paid to Purchaser, this Agreement shall terminate with no further force or effect and no party shall have any further obligation or duty to the other. (b) Satisfactory Environmental Audit and Feasibility Studies. Upon execution of this Agreement, Purchaser, and its agents and subcontractors, are granted the privilege of entering upon the Property for the purpose of performing environmental audits, soil tests, asbestos tests, engineering and feasibility studies, and such other studies as Purchaser may deem necessary to determine the suitability of the Property for the purpose for which Purchaser desires to purchase the same. The results of such audits, tests, and studies must be determined to be satisfactory in Purchaser's opinion, and Purchaser shall make said determination within ninety (90) days after the date of Seller's acceptance REAL ESTATE PURCHASE AND SALE AGREEMENT - 2 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248.7220 Fax (509) 575.1883 of this Agreement. In the event Purchaser believes there is a recognized environmental condition, Purchaser may elect to terminate this Agreement and receive a return of the earnest money. (c) City Council Approval. The terms and conditions of this transaction are subject to approval by the Yakima City Council. Notice of approval or disapproval shall be given by Purchaser to Seller on or before April 30, 2002, and failure to give such notice within said time period shall be deemed notice of approval. In the event, within said time period, Purchaser gives Notice of Disapproval, this Agreement shall be deemed terminated forthwith. (d) Seller's Authority. Seller shall evidence its ownership of the assets which are the subject of this Agreement and demonstrate its authority and power to execute this Agreement and consummate the transactions hereby contemplated to the satisfaction of Purchaser. In the event that any one of the foregoing conditions precedent is not satisfied in the manner set forth above, then the entire Escrow Fund, less any sums for which Purchaser has become obligated or liable to Seller under this Agreement, shall be paid to Purchaser, and this Agreement shall terminate and have no further force or effect and the parties shall have no further obligation to each other. Notwithstanding the foregoing, unless Purchaser timely terminates the Agreement because of a material defect in the title or a legitimate recognized environmental condition on the Property, Seller is authorized to retain from the Escrow Fund an amount sufficient to cover the title insurance cancellation fee Section 6. Title to Real Property. Title of Seller to the Real Property shall be free and clear of any and all encumbrances and defects, but shall be subject to the following: (1) rights reserved in federal patents, state or railroad deeds, (2) mineral and other reservations made in prior deeds, (3) building or use restrictions general to the area, (4) zoning regulations, (5) utility easements of record, (6) rights of way or easements shown on the plat of or visible by inspection of the subject real property, (7) future general taxes, assessments and levies, (8) any pending or future adjudication of surface water rights appurtenant to or otherwise belonging to the Real Property by any appropriate federal and/or state proceedings, (9) standard printed exceptions in the title commitment and (10) items disclosed in the title commitment and not disapproved by Purchaser as provided in Section 5(a) hereinabove. Any other encumbrances or defects which are not hereinabove specifically permitted may, subject to the agreement of the parties, be removed prior to or paid by the Escrow Agent out of Seller's proceeds at closing. If the parties cannot agree upon the payment or removal of any such encumbrance or defect which is not approved or waived in writing by Purchaser, then this Agreement shall REAL ESTATE PURCHASE AND SALE AGREEMENT - 3 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices . 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 terminate and have no further force or effect and the entire Escrow Fund shall be paid to Purchaser as provided in Section 5(a). Section 7. Seller's Representations, Warranties, and Indemnities. Seller makes the following representations, warranties and indemnities: (a) When used in this Agreement the term "hazardous substance" shall be defined to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic, or radioactive substance, or other similar term, by any federal, state, or local environmental statute, regulation, or ordinance presently in effect or that may be promulgated in the future, as such statutes, regulations, and ordinances may be amended from time to time, including, but not limited to, the statutes listed below: (1) Federal Resource Conservation and Recovery Act of 1976, 42 U S.C. § 6901 et seq. (2) Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (3) Federal Clean Air Act, 42 U S C. § 7401-7626. (4) Federal Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U S.C. § 1257 et seq. (5) Federal Insecticide, Fungicide, and Rodenticide Act, Fed. Pesticide Act of 1978 7 U.S C § 13 et seq seq. (6) Federal Toxic Substance Control Act, 15 U S.C. § 2601 et (7) (8) Federal Safe Drinking Water Act, 42 U.S C § 300(f) et seq. Washington Clean Air Act, RCW Chapter 70 94. (9) Washington Solid Waste Management -Recovery and Recycling Act, RCW Chapter 70.95. (10) Washington Model Toxics Control Act, RCW Chapter 70.105D. (11) Washington Hazardous Waste Fees Act, RCW Chapter 70.105A. REAL ESTATE PURCHASE AND SALE AGREEMENT - 4 718. 1061rhglyakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575.1883 (12) Washington Nuclear Energy and Radiation Act, RCW Chapter 70.98 (13) Washington Radioactive Waste Storage and Transportation Act of 1980, RCW Chapter 70 99. (b) Seller represents and warrants to Purchaser that the following are true and correct: (1) There are no hazardous substances present on or under the Property; and (2) Seller will not cause or permit any activities on the Property which directly or indirectly could result in a release of hazardous substances on or under the Property; and (3) Any hazardous substances that may have been released or present on or under the Property have been properly treated, cleaned up, removed, and disposed of in compliance with all federal, state, and local environmental statutes, regulations, and ordinances, including, but not limited to, the statutes listed in subsection (a) above; and (4) Seller has completed all remedial, cleanup, and corrective actions required pursuant to all federal, state, and local environmental statutes, regulations, and ordinances, and in conformance with all applicable standards of professional skill, competence, and care; and (5) Seller shall at all times retain any and all liabilities arising from the off-site handling, treatment, storage, transportation, or disposal of hazardous substances by Seller. (c) Seller agrees to and shall protect, defend, indemnify, and hold Purchaser harmless from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Purchaser on or after transfer of the Property and arise directly or indirectly from or out of, relate to, or in any way are connected with (1) any breach of the representations or warranties contained herein, (2) any activities on the Property during Seller's ownership, possession, or control of the Property which directly or indirectly result in the Property or any other property becoming contaminated with hazardous substances, and (3) the presence, discovery, or cleanup of any hazardous substances released or existing on or under the Property at any time prior to the date title is transferred to Purchaser. REAL ESTATE PURCHASE AND SALE AGREEMENT - 5 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Sox 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 Section 8. Title Insurance. As provided in Section 5(a), Seller shall obtain for Purchaser, at Seller's sole cost and expense, a preliminary commitment for a Standard Owner's Policy of Title Insurance covering the Real Property to be issued by Fidelity Title Company or such other title insurance company as Seller and Purchaser may agree upon. Said preliminary commitment, and the title policy to be issued pursuant thereto, shall not contain any exceptions other than those provided for in a Standard Owner's Policy of Title Insurance and those encumbrances or defects allowed in Section 6; above. Seller shall deliver to Purchaser a standard owner's policy of title insurance in the amount of $100,000.00, issued pursuant to the preliminary commitment provided for above, insuring title of the Real Property in Purchaser, as provided in Section 6, within fifteen (15) days of closing Section 9. Conveyance, Transfer of Property. The Real Property shall be conveyed as follows Fee simple title to the Real Property shall be conveyed by Seller to Purchaser by Statutory Warranty Deed. Section 10. Closing Costs; Prorations. The costs and expenses associated with the subject properties and the closing of the transaction contemplated by this Agreement shall be charged, prorated, allocated and/or paid as follows: At closing, Seller shall pay, assume or be charged for, as appropriate, the following: (a) One-half of the escrow and closing fees for this transaction; (b) The premium for the issuance of the title policy which is required of Seller pursuant to Section 5(a), (c) Any and all real estate taxes (whether general or special) assessed against the Real Property and due and payable for prior years or portions thereof; (d) Seller's pro rata share of real property taxes and assessments for the current year as of the closing date, (e) All real estate excise taxes attributable to the conveyance of the Real Property; and REAL ESTATE PURCHASE AND SALE AGREEMENT - 6 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEiGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 (f) The cost of recording the Statutory Warranty Deed for the conveyance of the subject real property. At closing, Purchaser shall pay, assume or be charged for, as appropriate, the following: (a) One-half of the escrow and closing fees for this transaction, (b) Purchaser's pro rata share of real property taxes and assessments for the current year as of the closing date. Notwithstanding anything else herein to the contrary, each party shall pay the fees of its own attorneys, accountants and other professional advisors. Section 11. Closing; Time of Essence. This sale shall be closed on or before the 1st day of July, 2002 ("the Closing Date"), which shall also be the termination date of this Agreement; provided, however, this sale shall be closed after the Closing Date unless Seller or Purchaser gives written notice of termination after said date and before the actual closing to the other party. Seller and Purchaser shall deposit in escrow with Lyon, Weigand & Gustafson, P.S , 222 North 3rd Street, Yakima, Washington 98901, all instruments and money required to consummate the transaction contemplated by this Agreement in accordance with the terms hereof Seller and Purchaser agree to sign all documents and take all actions which are reasonably necessary to consummate the transaction contemplated by this Agreement in a timely fashion. Seller and Purchaser agree that time is of the essence in the performance of this Agreement. Section 12. Possession. Purchaser shall be entitled to the exclusive possession of the Real Property and Equipment as of the Closing Date. Section 13. Default; Liquidated Damages. IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE AS SET FORTH IN SECTION 5 BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER, THE ESCROW FUND SHALL BE AND REMAIN THE PROPERTY OF SELLER AS SELLER'S SOLE REMEDY AND AS LIQUIDATED DAMAGES FOR SUCH DEFAULT BY PURCHASER, AND THIS AGREEMENT SHALL BE WITHOUT ANY FURTHER FORCE AND EFFECT, AND WITHOUT FURTHER OBLIGATION OF EITHER PARTY TO THE OTHER. SELLER'S ACTUAL DAMAGES IN THE EVENT OF SUCH DEFAULT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, AND FURTHER, PURCHASER DESIRES TO LIMIT REAL ESTATE PURCHASE AND SALE AGREEMENT - 7 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO.Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 ITS LIABILITY TO SELLER IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER. Section 14. Notices. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notices given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: Seller: Christopher T. and Colleen M. Cook Purchaser: With Copy to R. A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Russell H. Gilbert Lyon, Weigand & Gustafson PS P.O. Box 1689 Yakima, WA 98907 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Section 15. Assignment. Purchaser shall not transfer or assign this Agreement, or any interest therein, without the consent in writing of Seller, and it is agreed that any such transfer or assignment, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and shall, at the option of Seller, terminate this Agreement. Section 16. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of REAL ESTATE PURCHASE AND SALE AGREEMENT - 8 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P 0. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. Section 17. Law Governing. This Agreement shall be governed in all respects by the laws of the State of Washington. Section 18. Successors and Assigns. Subject to the provisions of Section 15, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. Section 19. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties Section 20. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any such action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Section 21. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not affect the meaning or construction of any of the provisions hereof. Section 22. Authority. The undersigned persons executing this Agreement on behalf of Seller and Purchaser each represent and warrant that they have the requisite authority to do so. It is understood and acknowledged that neither Escrow Agent nor any of its officers or REAL ESTATE PURCHASE AND SALE AGREEMENT - 9 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND 8 GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO.Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 employees has any authority to execute documents on behalf of Seller or Purchaser (except pre -approved escrow instructions and closing statements) or otherwise to bind or obligate Seller or Purchaser. Section 23. Execution in Counterparts. To facilitate execution, this Agreement may be executed in as many counterparts as may be required; and it shall not be necessary that the signatures of, or on behalf of, each party, or that the signatures of all persons required to bind any party, appear on each counterpart; but it shall be sufficient that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on one or more of the counterparts All counterparts shall collectively constitute a single agreement. It shall not be necessary in making proof of this Agreement to produce or account for more than a number of counterparts containing the respective signatures of, or on behalf of, all the parties thereto. Section 24. Survival of Representations. All representations, warranties, acknowledgements, covenants, agreements and indemnities made herein by any party shall also be deemed made on and as of the Closing Date as though such representations, warranties, acknowledgements, covenants, agreements and indemnities were made on and as of such date. The parties' representations, warranties, covenants, acknowledgements, waivers, agreements and indemnities made herein shall not merge into the Real Estate Contract, Deed or Bill of Sale by which this transaction shall be consummated and shall survive said consummation. Section 25. Certification of Non -Foreign Status. Seller warrants and represents that Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and that Seller will not be a "foreign person" as of the Closing Date. Seller shall deliver to Purchaser at Closing a Certificate of Non -Foreign Status setting forth Seller's address and United States taxpayer identification number and certifying that Seller is not a foreign person. Section 27. Commissions; Brokers. Howard E. Maggard, as real estate agent, shall be entitled to receive a commission of $2,500 for facilitation of the transaction contemplated by this Agreement; however, such commission shall be paid only in the event that closing takes place. Said commission shall be paid for by Purchaser. Except as set forth in this Section, Seller and Purchaser hereby mutually and reciprocally represent and warrant to each other that all negotiations relative to this Agreement and the transactions hereby contemplated have been carried out between them directly, without the intervention or REAL ESTATE PURCHASE AND SALE AGREEMENT - 10 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO.Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 assistance of any broker, consultant or other person. Seller and Purchaser shall mutually and reciprocally indemnify and hold each other harmless against and respect of any other claims for brokerage, consulting fees or commissions relating to this Agreement or the transactions hereby contemplated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. Seller: Purchaser: Christopher T. Cook Colleen M. Cook STATE OF WASHINGTON ss. County of Yakima ) City of Yakima By: R. A. Zais, Jr., City Manager CITY CCHTRACT H0: , 204'? — •"?4/ F.E30LUTi0H P40: f( 2i412' On this day personally appeared before me Christopher T. Cook and Colleen M. Cook, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of April, 2002. REAL ESTATE PURCHASE AND SALE AGREEMENT - 11 718..106\rhg\yakima cit\cook rec\psa thai orchard bldg (Printed Name) Notary Public in and for the State of Washington, residing in Yakima. My Commission Expires: Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO.Sox 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 STATE OF WASHINGTON ) ) ss. County of Yakima On this day personally appeared before me R. A. Zais, Jr. to me known to be the City Manager of the City of Yakima, a municipal corporation of the state of Washington, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this % day of April, 2002 REAL ESTATE PURCHASE AND SALE AGREEMENT - 12 718. 106\rhg\yakima cit\cook rec\psa thai orchard bldg 40. Y -e--- `J. a l�2 r (Printed Name) Notary Public in and for the State of Washington, residing in Yakima My Commission Expires: 5-' - -o..S Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street PO.Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 V IIHIHXJ lsssays Ls� \ 1 podoid aaafgns 1,SP"ZS9LZ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of April 2, 2002 ITEM TITLE: A resolution authorizing the City Manager to execute a Purchase and Sale Agreement to purchase the property located at 216 South Second Street, Yakima, Washington. SUBMITTED BY: Don Blesio, Chief of Police CONTACT PERSON/TELEPHONE: Raymond L. Paolella, City Attorney, 575-6030 SUMMARY EXPLANATION: The Police Department, Legal Department, and Municipal Court currently have a severe shortage of storage space for ongoing operations. A property at 216 South Second Street has recently become available for purchase. This property would be converted into storage area for the City offices located in the Police Station/Legal Center. The attached resolution authorizes the City Manager to execute a Purchase and Sale Agreement for purchase of property located at 216 South Second Street, Yakima, Washington, for a purchase price of $100,000. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Funding Source Law and Jice Capital Fund APPROVED FOR SUBMITTAL:- City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (1k) purchase of 215 s. 2^d st. 3-02.rp