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HomeMy WebLinkAboutR-2004-031 Addendum to Option to Purchase Agreement with Central Washington Comprehensive Mental Health (CWCMH) [re: trolley barn]RESOLUTION NO. R-2004-31 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Addendum to the Option to Purchase Agreement with Central Washington Comprehensive Mental Health regarding the trolley barn property located at 301 West Pine Street, Yakima, Yakima County, Washington. WHEREAS, by Resolution No. R-2003-124, the City Council of the City of Yakima authorized execution of a Memorandum of Understanding and an Option to Purchase with Comprehensive Mental Health wherein said entity granted the City option to purchase certain property located at 301 West Pine Street, Yakima, Yakima County, Washington (Parcel No. 181314-44463) (hereinafter the "Trolley Barn Parcel") for a purchase price of Two Hundred and Five Thousand Dollars ($205,000.00); and WHEREAS, the City enacted Ordinance No. 2004-06 vacating certain right-of- way along the east side of South Fourth Avenue, Yakima, Washington, in favor of Comprehensive Mental Health; and WHEREAS, said right-of-way vacation was enacted with the understanding and in consideration of Comprehensive Mental Health's merging and adding a 20 -foot -wide strip of land located immediately to the south of the Trolley Barn Parcel into said parcel; and WHEREAS, Comprehensive Mental Health and the City recognize and acknowledge that the fair market value of the right-of-way vacated and said 20 -foot - wide strip of land are equivalent and worth approximately Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) each; and WHEREAS, the Two Hundred and Five Thousand Dollar ($205,000.00) purchase price specified in the Option to Purchase is based upon the value of the Trolley Barn Parcel without the merger and addition of said 20 -foot -wide strip of land; and WHEREAS, it is the understanding of the parties that in the event the City does not exercise the Option to Purchase said parcel, Comprehensive Mental Health shall pay the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by Ordinance No. 2004-06 ; and WHEREAS, it is also appropriate to execute an addendum to the Option to Purchase to reflect the understanding of the parties of what shall occur in the event the City does not exercise its option to purchase the Trolley Barn Parcel; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached Addendum to the Option to Purchase Agreement with Central Washington Comprehensive Mental Health regarding the Trolley Barn Parcel, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is directed and authorized to execute the attached Addendum to the Option to Purchase Agreement with Central Washington Comprehensive Mental Health regarding the trolley barn property located at 301 West Pine Street, Yakima, Yakima County, Washington. ADOPTED BY THE CITY COUNCIL this 17th day of February, 2004. ATTEST: Paul P. George, Mayor City Clerk S: \ kwayenbe \ Karen's Files\ RESOLUTIONS \ McMURRAY \ Trolley Barn addendum to option to purchase.doc »y-3/ Filed at request of and return to: City of Yakima Legal Department Attn: Raymond L. Paolella 200 South Third Street Yakima, WA 98901-2830 ADDENDUM TO OPTION TO PURCHASE GRANTOR: Central Washington Comprehensive Mental Health, a Washington nonprofit corporation GRANTEE: City of Yakima, a Washington municipal corporation LEGAL DESCRIPTION (abbreviated): A portion of Lots 1 to 16 inclusive, Block 255; all being in LUND'S ADDITION TO NORTH YAKIMA (NOW YAKI MA) ASSESSOR'S PARCEL NO. 181324-44463 THIS ADDENDUM (hereinafter the "Addendum") to the existing Option to Purchase, dated September 29, 2003, City of Yakima Contract No. 2003-88 (hereinafter "Option to Purchase") is entered into by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City"), and Central Washington Comprehensive Mental Health, a Washington nonprofit corporation (hereinafter "Property Owner"). WHEREAS, by Resolution No. R-2003-124, the City Council of the City of Yakima authorized execution of the Option to Purchase with the Property Owner wherein the Property Owner granted the City option to purchase certain property (hereinafter the "Trolley Barn Parcel") for a purchase price of Two Hundred and Five Thousand Dollars ($205,000.00). WHEREAS, the City enacted Ordinance No. o?0U4-61avacating certain right-of- way along the east side of South Fourth Street, Yakima, Washington, in favor of Property Owner. WHEREAS, said vacation was enacted with the understanding and in consideration of the Property Owner's merging and adding a 20 -foot -wide strip of land located immediately to the south of the Trolley Barn Parcel (Parcel No. 181314- 44463) into said Parcel. WHEREAS, the Property Owner and the City recognize and acknowledge that the fair market value of the right-of-way vacated and said 20 -foot -wide strip of land are equivalent and worth approximately Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) each. WHEREAS, the Two Hundred and Five Thousand Dollars ($205,000.00) purchase price specified in the Option to Purchase is based upon the, value of said property (Parcel No. 181314-44463) without the merger and addition of said 20 -foot - wide strip of land. WHEREAS, it is the understanding of the parties that in the event the City does not exercise the Option to Purchase said Parcel, the Property Owner shall pay the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by Ordinance No. 2004-66 . WHEREAS, the Property Owner and the City desire to execute this Addendum to the Option to Purchase to reflect the above understanding. NOW, THEREFORE, the Property Owner and the City agree to the following additional terms and conditions to the Option to Purchase: 1. The City enacted Ordinance No. laitod, vacating certain right-of-way along the east side of South Fourth. Street, Yakima, Washington, in favor of Property Owner. Said vacation was enacted with the understanding and in consideration of the Property Owner's merging and adding the following contiguous 20 -foot -wide strip of land located immediately to the south of the Trolley Barn Parcel (Parcel No. 181314-44463) into said parcel: 2 That portion of vacated Maple Street abutting Block 255, of LUND'S ADDITION TO NORTH YAKIMA (now Yakima), according to the official plat thereof, recorded in Volume "A" of Plats, page 103, records of Yakima County, Washington, as vacated under Ordinance No. 888 as approved by the City Council of North Yakima on September 7, 1911, described as follows: Beginning at that Northeast corner of said Block 255; thence South 71°23'15" West, along the North line thereof, 187.00 feet; thence South 18°37'15" East, parallel with the East line of said Block 255, 177.00 feet; thence South 63°37'15" East 51.00 feet; thence South 30°43'49" East 59.50 feet; thence South 18°37'15" Eat 133.76 feet to a point 5 feet South of the South line of said Block 255 and the True Point of Beginning; thence continuing South 18°37'15" East 20.00 feet; thence North 71°23'15" East parallel with the South line of said Block 255, 138.46 feet to the East line of Block 255 extended South; thence North 18°37'15" West along the said East line extended 20.00 feet to a point bearing North 71°23'15" East from the True Point of Beginning; thence South 71°23'15" West 138.46 feet to the True Point of Beginning. 2. The Property Owner and the City recognize and acknowledge that the fair market value of the right-of-way vacated and said 20 -foot -wide strip of land are equivalent in the amount of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00). The purchase price specified in this Option to Purchase is based upon the value of the Trolley Barn Parcel (Parcel No. 181314-44463) without the merger and addition of said 20 -foot -wide strip of land. 3. In the event the City does not exercise this Option to Purchase and the Option to Purchase expires, the Property Owner shall, within thirty (30) calendar days of the expiration of said Option to Purchase, pay the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by Ordinance No.y--o% ;. provided, however, that said sum shall be adjusted on each succeeding anniversary of the effective date of said Ordinance based upon the percentage change in the Consumer Price Index. The Consumer Price Index is defined as the Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All 3 4 411. Urban Consumers, U.S. City Average for All Items, with a reference base period of 1982-84 = 100. In the event that the U.S. government ceases to publish the CPI on a 1982-84 = 100 reference base period, the parties to this Option to Purchase will convert all. index values to the currently published standard reference base period in accordance with conversion factors provided by the U.S. Department of Labor, Bureau of Labor Statistics. If publication of the CPI shall be discontinued, the parties shall thereafter accept a comparable national average index on the cost of living, as computed and published by an agency of the United States or a responsible financial periodical of recognized authority selected by the parties. Except as expressly modified and/or added to herein, all other terms and conditions of the September 29, 2003, Option to Purchase shall remain in full force and effect. DATED this a day of February, 2004. CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH Rick Weaver President/CEO 4 CITY OF YAKIMA ATTEST: City Clerk Date: 2 - R. A. 2s, Jr. City Manager City Contract No. ,4dd4/--3p Resolution No. /r -.?,g.5/-_3/ STATE OF WASHINGTON County of Yakima On this day personally appeared before me Rick Weaver, to me known to be the President/CEO of Central Washington Comprehensive Mental Health, the .entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument. GIVEN UNDER my hand and official seal this Ge GIVEN of February, 2004. STATE OF WASHINGTON County of Yakima ) ) ) ss. noluay3 a Xvvi (Printed Name) Notary Public in and for the Washington, residing at .t,,_,1...4 My commission expiresa.4 �..►.k _,a tate o On this day personally appeared before me R. A. Zais, Jr., to me known to be the City Manager of the City of Yakima, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GIVEN UNDER my hand and official seal this avez day of February, 2004. /4Yar4 Nj. /. J,9 7 r,/l1 S (Printed Name) Notary Public in and for the State of . Washington, residing atVw.4.?_,22.1..) My commission expires 3- S:\kwayenbe\Karen's Files\AGREEMENTS\McMURRAY\CWCMH trolley barn addendum to option to purchase.doc 5 YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. * a`"O FOR MEETING OF: February 17, 2004 ITEM TITLE: An ordinance vacating a 33' x 29o' portion of South 4th Avenue as requested by Central Washington Comprehensive Mental Health, and a resolution authorizing execution of an addendum to the option to purchase agreement with Central Washington Comprehensive Mental Health regarding the trolley barn property located at 301 West Pine Street. SUBMn rED BY: William Cook, Director of Community and Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042 SUMMARY EXPLANATION: On September 26, 2003, Central Washington Comprehensive Mental Health ("Comprehensive Mental Health") filed an application requesting that the City of Yakima vacate a portion of South 4th Avenue to help facilitate the expansion of its facilities. On January 8, 2004, the City hearing examiner held a public hearing regarding the right-of-way vacation request. On January 23, 2004, the hearing examiner issued a recommendation that the right-of-way vacation be approved. On February 3, 2004, the City Council held a public hearing regarding the matter, approved the right-of-way vacation request, and directed City personnel to prepare the appropriate vacation ordinance. Attached for City Council consideration and approval is the requested right-of-way vacation ordinance. (continued on Page Two) Resolution X Ordinance X Contract X Other (Specify) Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the ordinance vacating a portion of South 4th Avenue and approve the resolution authorizing execution of the addendum to the Option to Purchase Agreement. BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval of this right-of-way vacation on January 23, 2004. COUNCIL ACTION: A) Ordinance passed. ORDINANCE NO. 2004-06 B) Resolution adopted. RESOLUTION NO. R-2004-31 Additionally, the City is currently leasing the trolley barn property located at 301 West Pine Street from Comprehensive Mental Health. The City also has an option to purchase the trolley barn parcel. In consideration of said right-of-way vacation, Comprehensive Mental Health has agreed to add a 2o -foot -wide strip of land to the trolley barn parcel at no additional cost to either the lease rate or the option to purchase price. In the event that the City does not exercise its option to purchase the trolley barn property, Comprehensive Mental Health has agreed to pay the City $21,285.00 as the fair market value for the vacated right-of-way. Attached for City Council consideration and approval is a resolution authorizing execution of an addendum to the option to purchase agreement to reflect the agreement of the parties. Page Two Comprehensive Mental Health Vacation ORDINANCE NO. 2004- 06 AN ORDINANCE vacating 33' of a 290' -long portion of the City of Yakima right- of-way along the east side of South Fourth Avenue just south of Tieton Drive. WHEREAS, Central Washington Comprehensive Mental Health (hereafter referred to as the "Applicant") has, by Petition No. 03-04 and under City of Yakima Department of Community and Economic Development ("DCED") file UAZO R/W Vac #2-03, petitioned for vacation of a 33' x 290' portion of the City of Yakima right-of-way along the east side of South Fourth Avenue just south of Tieton Drive; and WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on January 8, 2004, and after considering the contents of the file and statements of interested persons at the public hearing, has issued his Examiner's Recommendation dated January 23, 2004, and has recommended approval of the requested right-of-way vacation subject to the conditions stated on page 6 of the Examiner's Recommendation; and WHEREAS, the City Council considered the requested right-of-way vacation and the Hearing Examiner's Recommendation at its regular public meeting on February 3, 2004; 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 right-of-way vacation that: 1. Vacation of the right-of-way will not deprive any property of sole access; and 2. The right-of-way proposed to be vacated is not essential to other City plans; and 3. The proposed right-of-way vacation is consistent with other plans and policies of the City; and 4. Based on zoning, current use and long-range plans, the proposed right-of-way vacation is compatible with existing and anticipated development in the area; and 5. The proposed right-of-way vacation does not adversely affect existing or future public utilities; and 6. The proposed right-of-way vacation is consistent with the requirements of chapter 35.79 RCW and with City of Yakima Ordinance No. D-5630; and WHEREAS, in consideration of said right-of-way vacation, the applicant is willing to merge a contiguous 20 -foot -wide strip of land located immediately to the south of the trolley barn parcel (Parcel No. 181314-44463) into said trolley barn parcel; and 1 WHEREAS, Applicant and the City of Yakima recognize and acknowledge that the fair market value of the right-of-way being vacated[ and said 20 -foot -wide strip of land are equivalent in the amount of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00); and. WHEREAS, the City of Yakima has an option to purchase the trolley barn parcel (Parcel No. 181.314-41463) from the Applicant at a previously agreed to price of Two Hundred and Five Thousand Dollars ($205,000.00) and this price shall not be increased by the addition and fair market value of said 20 -foot -wide strip of land; and WHEREAS, in the event that the City of Yakima does not exercise its option to purchase said trolley barn parcel (Parcel No. 181314-44463), Applicant shall pay the City of Yakima the fair market value of said property as adjusted on an annual basis by the Consumer Price Index; and WHE • EAS, no public purpose would be served by retaining the subject right-of- way and it is in the best interests of the City and its people to grant the petition; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section I. The Yakima City Council adopts and incorporates by reference the Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner No. UAZO R/W Vac #2-03, issued January 23, 2004. Section 2. The City of Yakima vacates its right-of-way interest over the following real property: That portion of South Fourth Avenue coincident with the West line of Block 256, of Lund's Addition to North Yakima (now Yakima), according to the official plat thereof, recorded in Volume "A" of Plats, page 103, records of Yakima County, Washington, described as follows: Beginning at the Southwest most corner of Lot 12 of said Block 256; thence Northwesterly along the Southwesterly line and the Southwesterly line extended. of said Block 256, 290 feet, more or less, to the centerline of Maple SL eet; thence Southwesterly along said centerline 33 feet; thence Southeasterly parallel with the Southwesterly line of said Block 256, 290 feet, more or less, to the South line of said Lot 12 extended Southwesterly; thence Northeasterly 33 feet to the Point of Beginning. Section 3. The right--of-way vacation granted by this ordinance is expressly conditioned on the Applicant's satisfaction of the following conditions stated on page 6 of the Hearing Examiner's Recommendation: a. Applicant shall merge a contiguous 20 -foot -wide strip of land located immediately to the south of the trolley barn. parcel (Parcel No. 181314- 44463) into said trolley barn parcel prior to the filing of this right-of- way vacation ordinance with the Yakima County Auditor. 2 b. Applicant shall comply with its agreement with the City of Yakima relative to compensation for the vacated right-of-way area. Specifically, Applicant acknowledges that the City of Yakima has an option to purchase the trolley barn parcel (Parcel No. 181314-44463) from the Applicant at a previously agreed to price of Two Hundred and Five Thousand Dollars ($205,000.00) and this price shall not be increased by the fair market value of the addition to and merger of said 20 -foot -wide strip of land into the trolley barn parcel (Parcel No. 181314-44463). In the event that the City of Yakima does not exercise its option to purchase said trolley barn parcel (Parcel No. 181314-44463) from Applicant, Applicant shall pay the City the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by this ordinance; provided, however, that said sum shall be adjusted on each succeeding anniversary of the effective date of this ordinance based upon the percentage change in the Consumer Price Index. The Consumer Price Index is defined as the Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers, U.S. City Average for All Items, with a reference base period of 1982-84 = 100. c. Applicant shall sign or otherwise designate the vacated right-of-way area for use as parking area for Applicant's business. Section 4. 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. A certified copy of this ordinance shall be recorded by the clerk of the City Council in the office of the Yakima County Auditor. PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved this 17th day of February, 2004. Al -FEST: City Clerk Publication Date: 2-20-2004 Effective Date: 3-21-2004 Paul P. George, Mayor S:\kwayenbe\Karen's Files\ORDINANCES\Paolella\CWCMH ROW vacation.doc, February 12, 2004, 1.12 PM 3 S Filed at request of and return to: City of Yakima City Clerk's Office 129 N 2nd Street Yakima, WA 98901 RECITED OCT 1 7 2005 CITY LEGAL. DEPT ADDENDUM TO OPTION TO PURCHASE GRANTOR: Central Washington Comprehensive Mental Health, a Washington nonprofit corporation GRANTEE: City of Yakima, a Washington municipal corporation LEGAL DESCRIPTION (abbreviated): A portion of Lots 1 to 16 inclusive, Block 255; all being in LUND'S ADDITION TO NORTH YAKIMA (NOW YAKIMA) ASSESSOR'S PARCEL NO. 181324-44463 THIS ADDENDUM (hereinafter the "Addendum") to the existing Option to Purchase, dated September 29, 2003, City of Yakima Contract No. 2003-88 (hereinafter "Option to Purchase") is entered into by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City"), and Central Washington Comprehensive Mental Health, a Washington nonprofit corporation (hereinafter "Property Owner"). WHEREAS, by Resolution No. R-2003-124, the City Council of the City of Yakima authorized execution of the Option to Purchase with the Property Owner wherein the Property Owner granted the City option to purchase certain property (hereinafter the "Trolley Barn Parcel") for a purchase price of Two Hundred and Five Thousand Dollars ($205,000.00). 7a46ge 1 3 18278 p 5 11 III 1111 I 1 1 98/18/8005 10;41A fl CITY OF YAKIMA MISC $38.09 Yakima Co, 4!A WHEREAS, the City enacted Ordinance No. g604-D/ovacating certain right-of- way along the east side of South Fourth Street, Yakima, Washington, in favor of Property Owner. WHEREAS, said vacation was enacted with the understanding and in consideration of the Property Owner's merging and adding a 20 -foot -wide strip of land located immediately to the south of the Trolley Barn Parcel (Parcel No. 181314- 44463) into said Parcel. WHEREAS, the Property Owner and the City recognize and acknowledge that the fair market value of the right-of-way vacated and said 20 -foot -wide strip of land are equivalent and worth approximately Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) each. WHEREAS, the Two Hundred and Five Thousand Dollars ($205,000.00) purchase price specified in the Option to Purchase is based upon the value of said property (Parcel No. 181314-44463) without the merger and addition of said 20 -foot - wide strip of land. WHEREAS, it is the understanding of the parties that in the event the City does not exercise the Option to Purchase said Parcel, the Property Owner shall pay the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by Ordinance No. X&V- , . WHEREAS, the Property Owner and the City desire to execute this Addendum to the Option to Purchase to reflect the above understanding. NOW, THEREFORE, the Property Owner and the City agree to the following additional terms and conditions to the Option to Purchase: 1. The City enacted Ordinance No.,( -0/ vacating certain right-of-way along the east side of South Fourth Street, Yakima, Washington, in favor of Property Owner. Said vacation was enacted with the understanding and in consideration of the Property Owner's merging and adding the following contiguous 20 -foot -wide strip of land located immediately to the south of the Trolley Barn Parcel (Parcel No. 181314-44463) into said parcel: 11 11 1111 CITY OF YRKIMR 11 I'II II 11 11111 7468278 Page 2 of 5 08/16/2005 10 41R MISC $38,00 Yakima Co, WA That portion of vacated Maple Street abutting Block 255, of LUND'S ADDITION TO NORTH YAKIMA (now Yakima), according to the official plat thereof, recorded in Volume "A" of Plats, page 103, records of Yakima County, Washington, as vacated under Ordinance No. 888 as approved by the City Council of North Yakima on September 7, 1911, described as follows: Beginning at that Northeast corner of said Block 255; thence South 71°23'15" West, along the North line thereof, 187.00 feet; thence South 18°37'15" East, parallel with the East line of said Block 255, 177.00 feet; thence South 63°37'15" East 51.00 feet; thence South 30°43'49" East 59.50 feet; thence South 18°37'15" East 133.76 feet to a point 5 feet South of the South line of said Block 255 and the True Point of Beginning; thence continuing South 18°3715" East 20.00 feet; thence North 71°23'15" East parallel with the South line of said Block 255, 138.46 feet to the East line of Block 255 extended South; thence North 18°37'15" West along the said East line extended 20.00 feet to a point bearing North 71°23'15" East from the True Point of Beginning; thence South 71°23'15" West 138.46 feet to the True Point of Beginning. 2. The Property Owner and the City recognize and acknowledge that the fair market value of the right-of-way vacated and said 20 -foot -wide strip of land are equivalent in the amount of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00). The purchase price specified in this Option to Purchase is based upon the value of the Trolley Barn Parcel (Parcel No. 181314-44463) without the merger and addition of said 20 -foot -wide strip of land. 3. In the event the City does not exercise this Option to Purchase and the Option to Purchase expires, the Property Owner shall, within thirty (30) calendar days of the expiration of said Option to Purchase, pay the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair market value of the right-of-way vacated by Ordinance No. 4/..ata ; provided, however, that said sum shall be adjusted on each succeeding anniversary of the effective date of said Ordinance based upon the percentage change in the Consumer Price Index. The Consumer Price Index is defined as the Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All 1111111111111111111111111111011111111111111111/111111/Page'7468278 CITY OF YRKIMR MIX *36.S Y 2 Yakima M Co) I9'41R Urban Consumers, U.S. City Average for All Items, with a reference base period of 1982-84 = 100. In the event that the U.S. government ceases to publish the CPI on a 1982-84 100 reference base period, the parties to this Option to Purchase will convert all index values to the currently published standard reference base period in accordance with conversion factors provided by the U.S. Department of Labor, Bureau of Labor Statistics. If publication of the CPI shall be discontinued, the parties shall thereafter accept a comparable national average index on the cost of living, as computed and published by an agency of the United States or a responsible financial periodical of recognized authority selected by the parties. Except as expressly modified and/or added to herein, alt other terms and conditions of the September 29, 2003, Option to Purchase shall remain in full force and effect. DATED this adk day of February, 2004. CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH Rick Weaver President/CEO CITY OF YAKIMA R. A. Zals, Jr. City Manager City Clerk Date: c 2 O— 0 `f City Contract No. 0.?014-30 Resolution No. 14 3/ ` ` yy 7468278 5 `yy I1 5a' f y �1 `` I!i 0 S/2005 16 41R IIII �� 4 { �1� � erl i11111I II411 `I�I 1 1 CITY OF YRKIMfl MSC X36.,, Yakima Co, WR STATE OF WASHINGTON ) ss. County of Yakima On this day personally appeared before me Rick Weaver, to me known to be the President/CEO of Central Washington Comprehensive Mental Health, the entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument. GIVEN UNDER my hand and official seal this c OkILday of February, 2004. STATE OF WASHINGTON ) ss. County of Yakima oa.x'(,(0_, Ira. Gv o (Printed Name) Notary Public in and for the tate o Washington, residing at My commission expire On this day personally appeared before me R. A. Zais, Jr., to me known to be the City Manager of the City of Yakima, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GIVEN UNDER my hand and official seal this p30eL, day of February, 2004. /4/.0A (Printed Name) Notary Public in and for the State of . Washington, residing atVotA.4.724.LI My commission expires S,lkwayenbelKaren's FilesAAGREEMENTS%McMURRAYICWCMH trolley barn addendum to option to purchase.doc 11 1111 1111 CITY OF YAKIMA 111 111111111111 7468278 Page5 of 5 68t16I2665 16:41R MISC $36.66 Yakima Co, WA ROBERT M HOGGS MARCUS J FRY /MUSSEL! H GILDER! J ERIC GUSIAI SON CHARLES R LYON (1997) RYAN 9 91YRE J PA1RIC9 511I01:5 JE 5NI/ R IOLCACHrR WIl I VVE 1099 U JR (Or COUNSEL) PUSTIN 1 YE AC;E R LAW OFFICES LYON, WEIGAND & GUSTAFSON PS LYON LAW OFFICES - 222 NORTH THIRD STREET MAILING ADDRESS PO BOX 1689 YAKIMA, WASHINGTON 98907 1689 TELEPHONE (509) 248 7220 FACSIMILE (509) 575 1883 CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction BUYER CITY OF YAKIMA, a Washington municipal corporation SELLER CENTRAL WASHINGTON COMPRE- HENSIVE MENTAL HEALTH, a Washington nonprofit corporation PURCHASE AND SALE AGREEMENT DATE N/A PARCEL NO . 181324-44465 TITLE COMPANY VALLEY TITLE GUARANTEE FILE NO . 718-127 CLOSER LYON, WEIGAND & GUSTAFSON E-MAIL. mearhart Iyon-law.com CLOSING DATE 02/01/2008 COUNTY YAKIMA PRELIMINARY TITLE COMMITMENT NO 209012 The undersigned Buyer and Seiler (referred to herein as such Individually, or conjunctively as "the parties") hereby designate and appoint LYON WEIGAND & GUSTAFSON, P.S (referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS 1. Closing - Attorneys. Lyon Weigand & Gustafson PS is acting as closing agent by agreement of the parties and, in that capacity only, will act as fiduciary to both parties in receiving funds and documents, and recording, delivering and disbursing such funds in accordance with the transaction between the parties, and in accordance with lender instructions and requirements Seller additionally acknowledges that Lyon Weigand & Gustafson PS represents the Buyer in this transaction and has given (and will give) legal advice or legal representation ONLY to Buyer incident to entering into and/or closing this transaction Any legal advice and representation for Seller has been arranged by the Seller through an independent attorney of Seller's choice Seller acknowledges that Seller IS NOT relying upon any legal/tax advice from, or representation by, Lyon Weigand & Gustafson PS, CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 1 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 and that Seiler has had sufficient opportunity to review all documents and matters related to this transaction with Seller's own Independent attorney, accountant and/or other advisers and is ready to complete this transaction without any further Independent advice by Seller's own attorney, accountant and/or other adviser. 2. Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms find conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control 3. Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. The documents required to close the transaction must contain the "legal description" of the property If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent 4. Closing Date. The date on which the documents required to close the transaction are filed for record (referred to herein as "the dosing date") shall be on or before the date for closing of the transaction specified in the parties' agreement (unless the closing date falls within, if applicable, the three-day rescission period after delivery to the buyer of an amended real property transfer disclosure statement, in which case the closing date shall be extended until the expiration of such three-day rescission period) 5. Documents. The closing agent Is instructed to select, prepare, correct, receive, hold, record, and deliver documents as necessary to close the transaction The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent two (2) days before the closing date Execution of any document will be considered approval of its form and contents by each party signing such document 6. Deposits and Disbursement of Funds. Before the closing date, each party shall deposit with the dosing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent. The closing agent is authorized, but not required, to consider a lending Institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in one or more of its escrow or trust accounts with any bank doing business in the State of Washington and may be transferred to any other such accounts [THE CLOSING AGENT SHALL NOT BE REQUIRED TO DISBURSE ANY FUNDS DEPOSITED CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 2 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 BY CHECK OR DRAFT UNTIL IT HAS BEEN ADVISED BY ITS BANK THAT SUCH CHECK OR DRAFT HAS BEEN HONORED.] AH disbursements shall be made by the dosing agent's check 7. Settlement Statement. The closing agent Is Instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds No funds shall be disbursed until the parties have examined and approved the settlement statement Some Items may be estimated, and the final amount of each estimated Item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error Is found, the amount will be Immediately paid by the party liable for such payment to the party entitled to receive it. Payment of such amounts as are necessary for adjustment of such estimates, errors, costs and fees shall not be the responsibility of closing agent until such funds are received from the party liable therefor. 8. Prorations. Adjustments or pro -rations of real estate taxes, and other charges if any, shall be made on a per -diem basis using a 365 day year, unless the closing agent is otherwise instructed 9. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report") The closing agent is authorized to rely on the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report 10. Verification or Existing Encumbrances. The closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due -on sale provision The closing agent may rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. 11. Instructions From Third Parties. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, Including but not limited to lenders, such Instructions are accepted and agreed to by the partes 12. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company Involved in the transaction Other papers or documents containing personal or financial Information concerning any party may not be released to anyone other than the party's attorney or lender, without prior written approval 13. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which, in its opinion, should be reviewed by any of the CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 3 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 parties' attorneys, the closing agent is authorized, in Its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought 14. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set forth in these instructions If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement 15. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions 16. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions 17. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties Jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person 18. Notices, Approvals, Transmittal. Any notices, declarations, requests, approvals or authorizations made under these instructions shall be in writing, signed by the party giving such notices or making such declarations or requests, and personally delivered or CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 4 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 mailed to the closing agent and other parties at their addresses set forth in these instructions In Its sole discretion, closing agent may accept such notices, declarations, requests, approvals or authorizations by facsimile or e-mail from a lender, title company or other third party, and each party agrees to be bound by such notices, declarations, requests, approvals or authorizations which are transmitted in connection with this transaction. 19. Definitions. Any amendment, addition or supplement to these Instructions must be in writing, signed by the appropriate parties and delivered to the closing agent 20. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy 21. Effect. These Instructions shall bind and benefit the parties, the closing agent, and their successors in Interest 22. Definitions. When used herein or in any amendment, addition or supplement hereto, words and phrases are defined and are to be construed as follows The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document, jointly and severally unless otherwise indicated, and shall be construed Interchangeably with other similar terms such as "purchaser," "vendee," "vendor," "grantee" or "grantor" as may be appropriate in the context and circumstances to which such words apply The word "Lender" refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of' the financing for the transaction or with which the buyer has made a loan. "Lender" may also refer to a lender who is releasing, subordinating, or allowing assumption of financial encumbrance of record. The phrase "these instructions" refers to time agreements, instructions, and provisions set forth in this document and all amendments, additions and supplements to this document The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any Items of personal property unless otherwise specifically stated in these instructions The phrase "outside of' escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability In these instructions, singular and plural words, and masculine, feminine and neuter words shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 5 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 MATTERS TO BE COMPLETED BY THE BUYER AND SELLER INDEPENDENTLY Important - Read carefully The following Items must be completed by the parties, OUTSIDE OF ESCROW, and are not part of the dosing agent's duties under these Instructions. Disclosures, Inspection and Approval of the Property. Any required disclosures concerning the property including, but not limited to, preparation and delivery of any required Real Property Transfer Disclosure Statement, or inspections or approvals of the property or of improvements, additions or repairs to the property, will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the accuracy of any disclosures made, or for the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine or disclose its physical condition, or to determine whether any required disclosures have been made, or whether any required Improvements, additions or repairs have been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property Included in the transaction, and payment -of any personal property, sales or use taxes, will be completed by time parties outside of escrow Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro -rate, collect, prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro -rate or adjust charges for installation or service for any utilities or public services, except to pro -rate existing recurrent assessments for public improvements, if any, which appear on the title report Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property Is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise Instructed, the closing agent shall have no responsibility to contract for or obtain any policy of life, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 6 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 Collection Account. If any financing for the transaction wi!l be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract, unless responsibility therefor is accepted by closing agent in writing based on written request of the parties. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent Payment of Omitted Taxes. If any additional real property taxes are assessed for Improvements made to the property that have not been added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro -rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' Individual tax consequences arising from the transaction Foreign Investment in Real Property Tax Act. If any seller Is, or may be, a non- resident alien or a foreign corporation, partnership, trust or estate for purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq of the Internal Revenue Code) The closing agent is not required to verify the nationality or foreign status of any of the seller's, or to withhold, report or pay any amounts due tinder such act Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant any such permit or approval. Compliance with Certain Laws. The parties are advised to consult with their attorneys to determine their rights and responsibilities, if any, with respect to disclosures concerning the condition of the property, or under the Consumer Protection Act, Truth -in -Lending Act, Interstate Land Sales Act or other similar laws The closing agent shall have no responsibility for disclosures concerning the condition of the property, or for the parties' compliance, nor any liability arising from time failure of any party to comply, with any such requirement or law Additional Agreements, instructions and Disclosures: WASHINGTON LAW MAY REQUIRE THE SELLER TO DELIVER A SELLER DISCLOSURE TO THE BUYER OF IMPROVED, RESIDENTIAL PROPERTY. IF APPLICABLE, THE DISCLOSURE REQUIREMENTS MUST BE COMPLETED PRIOR TO CLOSING BOTH PARTIES ACKNOWLEDGE THE ESCROW AGENT IS NOT CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 7 718-127\me\yakima cit\CWCMH\closing agt escrow instruc 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 RESPONSIBLE IN ANY WAY FOR PREPARATION OR DELIVERY OF A SELLER DISCLOSURE FORM THE PARTIES FURTHER ACKNOWLEDGE THE BUYER DiD NOT DELIVER A NOTE OF RESCISSION OF THE PURCHASE AND SALES AGREEMENT. ALL TERMS AND CONDITIONS OF THE REAL ESTATE PURCHASE AND SALES AGREEMENT DATED N/A ARE HEREBY SATISFIED BUYER AND SELLER HAVE REVIEWED AND APPROVED THE PRELIMINARY TITLE REPORT, RECEIVED 12/18/2007, AND ALL RESTRICTIONS (CCRS) I HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND THIS CLOSING AGREEMENT AND ESCROW INSTRUCTION AND ALL OTHER DOCUMENTS REFERRED TO IN THESE INSTRUCTIONS PRIOR TO SIGNING BELOW. BUYER CITY OF YAKIMA RICHARD A ZAIS, CIY-MANAGER Date l/2}77c5S Buyer's Mailing Address 129 North 2nd Street Yakima WA 98901 Buyer's Business Phone 509-575-6040 CLOSING AGREEMENT AND ESCROW INSTRUCTIONS - 8 718-127\me\yakima cit\CWCMH\closing agt escrow instruc SELLER CENTRAL WASHINGTON COMPRE- HEi. E MENTAL HEALTH Rick Waver, President & CEO Date `1 i e�0 r Seller's Mailing Address. P O BOX 959 YAKIMA WA 98907 Seller's Business Phone 509-575-4024 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 ADDENDUM TO SETTLEMENT STATEMENT SELLER: CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH, A WASHINGTON NONPROFIT CORPORATION PURCHASER: CITY OF YAKIMA, a Washington municipal corporation PROPERTY: TROLLEY BARN, 301 WEST PINE STREET, YAKIMA WA 98902 ASSESSOR'S PARCEL NO.: 181324-44465 CLOSING DATE: February 1, 2008 SELLER ACKNOWLEDGES THAT LYON LAW OFFICES REPRESENTS THE PURCHASER IN THIS TRANSACTION AND HAS GIVEN (AND WILL GIVE) LEGAL ADVICE OR LEGAL REPRESENTATION ONLY TO PURCHASER INCIDENT TO ENTERING INTO AND/OR CLOSING THIS TRANSACTION. ANY LEGAL ADVICE AND REPRESENTATION FOR SELLER HAS BEEN ARRANGED BY THE SELLER THROUGH AN INDEPENDENT ATTORNEY OF SELLER'S CHOICE. SELLER ACKNOWLEDGES THAT SELLER IS NOT RELYING UPON ANY LEGAL/TAX ADVICE FROM, OR REPRESENTATION BY, LYON LAW OFFICES, AND THAT SELLER HAS HAD SUFFICIENT OPPORTUNITY TO REVIEW ALL DOCUMENTS AND MATTERS RELATED TO THIS TRANSACTION WITH SELLER'S OWN INDEPENDENT ATTORNEY, ACCOUNTANT AND/OR OTHER ADVISERS AND IS READY TO COMPLETE THIS TRANSACTION WITHOUT ANY FURTHER INDEPENDENT ADVICE BY SELLER'S OWN ATTORNEY, ACCOUNTANT AND/OR OTHER ADVISER. SELLER: PURCHASER: CENTRAL WASHINGTON COMPRE- CITY OF YAKIMA HENSIE MENTAL HEALTH Rick Weaver, President & CEO ADDENDUM TO SETTLEMENT STATEMENT - 1 718-127\me\yakima cit\CWCMH\addendum to settlement statement R A Zals, Jr't ity Manager CITY CONTRAC f NO: /R401/."--0 7 RESOLUTION NO: 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 DATE OF CLOSING SUBJECT PROPERTY AMOUNT OF SALE SELLER(S) TAXES PAID BY SELLER(S) PURCHASER(S) 1099 INPUT FORM February 1, 2008 PARCEL NO 181324-44465 $205,000 00 Central Washington Comprehensive Mental Health TAX I D# P O BOX 959 Yakima WA 98907 $0 CITY OF YAKIMA 129 North 2nd Street Yakima WA 98901 575-6040 TAX ID # 91-6001293 UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE NUMBER SHOWN ON THIS STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER SELLER(S): CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH, a Washington nonprofit corpor Rick Weaver, President & CEO PURCHASER(S): CITY OF YAKIMA, a municipal corporation By R A.ZAIS, J -f , City Manager This form is needed for all real estate sales transactions closed after 12/31/1986 The completion of this form will provide the information necessary to produce form 1099 pursuant to and required by the Internal Revenue Code, Section 6045(E) You are required by law to provide your correct taxpayer identification number If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law 1099 INPUT FORM 718-127\me\yakima cit\CWCMH\1099 input form 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 Deportment of evenue REAL ESTATE EXCISE TAX AFFIDAVIT '.•s:>�,�,:., s:.;� This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) r�Check box if partial sale of oronerty If multiple owners, list percentage of ownership next to name x w z c4 c) Name Central Washington Comprehensive Mental Health, ui r H q c¢47 Name City of Yakima, a Washington municipal corporation a Washington non-profit corporation Mailing Address P 0 Box 959 Mailing Address City/State/Zip Yakima, WA 98907-0959 City/State/Zip Phone No. (including area code) Phone No (including area code) Name Mailing City/State/Zip Phone List all real and personal property tax parcel account numbers - check box if personal property 181324-44465 ❑ List assessed value(s) Send all property tax correspondence to Si Same as Buyer/Grantee Address n n No. (including area code) n Street address of property 301 West Pine This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See Exhibit "A" attached hereto Select Land Use Code(s) 67 - Governmental services enter any additional codes (See back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ ❑ Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as current use (open space, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33 140 or RCW 84.34 108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ® does not qualify for continuance. YES NO ❑ ❑ ❑ ❑ ❑ o DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S)' To continue special valuation as historic property, sign (3) below If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84 26 RCW, shall be due and payable by the seller or transferor at the time of sale (3) OWNER(S) SIGNATURE PRINT NAME Mr -List all personal property (tangible and intangible) included in selling price If claiming an exemption, list WAC number and reason for exemption WAC No (Section/Subsection) Reason for exemption Type of Document Statutory Warranty Deed Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ 205,000 00 Excise Tax State $ 205,000.00 0 0050 I Local $ *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 3,649 00 *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 2,624 00 1,025 00 5 00 3,654 00 A MINIMUM OF 510.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS Signature of I CERFL. UNDER PENALTY OF PERJURY 1 HAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantor or Grantor's AgentSi Grantee or Grantee's Agent Name (print) Rick Weaver, President of CWCMH fie .- Date & city of signing: "%; Yakima, WA Name (print) Date & city of signing: 12/_/07, Yakima, WA Perjury: Penury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000 00), or by both imprisonment and fine (RCW 9A.20 020 (I C)) REV 84 0001ae (a) (10/31/07) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASUF EXHIBIT "A" - Real Estate Excise Tax Affidavit. Parcel No. 181324-44465 All that portion of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, Records of Yakima County, Washington, AND the vacated Alley in said Block, AND all that portion of Lots 1 and 2 of that certain Short Plat recorded under Auditor's File Number 7385120, Records of Yakima County, Washington described as follows: Beginning at the Northeast Corner of said Block 255; thence S. 71° 23' 15" W. along the north line thereof 187.00 feet; thence S. 18° 37' 15" E., parallel with the east line of said Block 255, a distance of 177.00 feet; thence S. 63° 37' 15" E. 51.00 feet; thence S. 30° 43' 49" E. 59.50 feet; thence S. 18° 37' 15" E. 153.76 feet to the point of intersection with a line that is 25 feet southerly of as measured at right angles to and parallel with the southerly line of said Block 255; thence N. 71° 23' 15" E. 138.45 feet to the east line of said Block 255; thence N. 18° 37' 15" W., along last said east line to the point of beginning. Department of e Y er ue REAL ESTATE EXCISE TAXA FIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑ p p . y If multiple owners, list percent ge of ownership next to name. Check box if artial sale of ro ert SELLER GRANTOR Name Central Washington Comprehensive Mental Health, w zu.: H p 2 Name City of Yakima, a Washington municipal corporation a Washington non-profit corporation Mailing Address P 0 BOX 959 Mailing Address City/State/Zip Yakima, WA 98907-0959 City/State/Zip Phone No (including area code) Phone No (including area code) Name Mailing City/State/Zip Phone List all real and personal property tax parcel account numbers — check box if personal property 181324-44465 El List assessed value(s) Send all property tax correspondence to ©Same as Buyer/Grantee Address ❑ r] No (including area code) n Street address of property 301 West Pine This property is located in Yakima City 0 Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See Exhibit "A" attached hereto Select Land Use Code(s) 67 - Governmental services enter any additional codes (See back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ 0✓ Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as current use (open space, fain and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below (I) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34 108). Prior to signing (3) below, you may contact your local county assessor for more information. This land 0 does 0 does not qualify for continuance. YES NO ❑✓ ❑ ❑ DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S)• To continue special valuation as historic property, sign (3) below If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price If claiming an exemption, list WAC number and reason for exemption WAC No (Section/Subsection) Reason for exemption Type of Document Statutory Warranty Deed Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax State $ Local $ 0 0050 205,000 00 205,000 00 2,624 00 1,025 00 *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 3,649 00 *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 5 00 3,654 00 A MINIMUM OF 510.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantor or Grantor's Agent Name (print) Rick Weaver, President of CWCMH Date & city of signing: 12//07, Yakima, WA Signature of Grantee or Grantee's Agent Name (print) Date & city of signing: 12/ _/07, Yakima, WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000 00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). REV 84 0001ae (a) (10/31/07) THIS SPACE - TREASURER'S USE ONLY COUNTY ASSE EXHIBIT "A" - Real Estate Excise Tax Affidavit. Parcel No. 181324-44465 All that portion of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, Records of Yakima County, Washington, AND the vacated Alley in said Block, AND all that portion of Lots 1 and 2 of that certain Short Plat recorded under Auditor's File Number 7385120, Records of Yakima County, Washington described as follows: Beginning at the Northeast Corner of said Block 255; thence S. 71° 23' 15" W. along the north line thereof 187.00 feet; thence S. 18° 37' 15" E., parallel with the east line of said Block 255, a distance of 177.00 feet; thence S. 63° 37' 15" E 51.00 feet; thence S. 30° 43' 49" E. 59.50 feet; thence S. 18° 37' 15" E. 153.76 feet to the point of intersection with a line that is 25 feet southerly of as measured at right angles to and parallel with the southerly line of said Block 255; thence N 71° 23' 15" E. 138.45 feet to the east line of said Block 255, thence N. 18° 37' 15" W., along last said east line to the point of beginning. Dtipartment of PVPf[e REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners, list percentage of ownership next to name. vb'�,Sltlflbe�'1 Stow - SELLER GRANTOR Name Central Washington Comprehensive Mental Health, BUYER GRANTEE Name City of Yakima, a Washington municipal corporation a Washington non-profit corporation Mailing Address P 0 Box 959 Mailing Address City/State/Zip Yakima, WA 98907-0959 City/State/Zip Phone No (including area code) Phone No (including area code) yt^ra. Name Mailing City/State/Zip Phone List all real and personal property tax parcel account numbers — check box if personal property 181324-44465 n List assessed value(s) Send all property tax correspondence to 0 Same as Buyer/Grantee Address n n No (including area code) n Street address of property 301 West Pine This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See Exhibit "A" attached hereto Select Land Use Code(s)• 67 - Governmental services enter any additional codes. (See back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)' YES NO ❑ ❑ Is this property designated as forest land per chapter 84.33 RCW? Is this property, classified as current use (open space, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as histoncal property per chapter 84.26 RCW? If any answers are yes, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33 140 or RCW 84.34 108). Prior to signing (3) below, you may contact your local county assessor for more information. This land 0 does D does not qualify for continuance. YES NO ❑ 0 ❑ 0 ❑ ❑ DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S) To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price If claiming an exemption, list WAC number and reason for exemption WAC No (Section/Subsection) Reason for exemption Ty pe of Document Statutory Warranty Deed Date of Document Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax 0 0050 State $ Local $ 205,000.00 205,000 00 2,624 00 1,025 00 *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 3,649.00 *State Technology Fee $ 5 00 *Affidavit Processing Fee $ Total Due $ 3,654 00 A NIINIMUM OF 510.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURN THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantee or Grantee's Agent Name (print) Date & city of signing: 12/ /07, Yakima, WA Signature of Grantor or Grantor's Agent Name (print) Rick Weaver, President of CWCMH Date & city of signing: 12/ /07, Yakima, WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000 00), or by both imprisonment and fine (RCW 9A.20 020 (1C)). REV 84 0001ae (a) (10/31/07) THIS SPACE - TREASURER'S USE ONLY DEPT OF REVEL EXHIBIT "A" - Real Estate Excise Tax Affidavit. Parcel No. 181324-44465 All that portion of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, Records of Yakima County, Washington, AND the vacated Alley in said Block, AND all that portion of Lots 1 and 2 of that certain Short Plat recorded under Auditor's File Number 7385120, Records of Yakima County, Washington described as follows: Beginning at the Northeast Corner of said Block 255; thence S. 71° 23' 15" W. along the north line thereof 187.00 feet; thence S. 18° 37' 15" E., parallel with the east line of said Block 255, a distance of 177.00 feet; thence S. 63° 37' 15" E. 51.00 feet; thence S. 30° 43' 49" E. 59.50 feet; thence S. 18° 37' 15" E. 153.76 feet to the point of intersection with a line that is 25 feet southerly of as measured at right angles to and parallel with the southerly line of said Block 255; thence N. 71° 23' 15" E. 138.45 feet to the east line of said Block 255; thence N. 18° 37' 15" W., along last said east line to the point of beginning. Department of evenue REAL ESTATE EXCISE TAX AFFIDAVIT c�>,c This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW — CHAPTER 458-61 A WAC when stamped by cashier THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box if .artial sale of .ro.erty If multi e owners, list ercenta'e of ownershinext to name Name Central Washington Comprehensive Mental Health, a Washington non-profit corporation Name City of Yakima, a Washington municipal corporation Mailing Address P O Box 959 City/State/Zip Yakima, WA 98907-0959 Phone No (including area code) Send all property tax correspondence to 0 Same as Buyer/Grantee Name Mailing Address City/State/Zip Phone No (including area code) Mailing Address City/State/Zip Phone No (including area code) List all real and personal propeny tax parcel account numbers — check box if personal property 181324-44465 n n n List assessed value(s) n Street address of property 301 West Pine This property is located in Yakima City 0 Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See Exhibit "A" attached hereto Select Land Use Code(s) 67 - Governmental services enter any additional codes (See back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ 0 Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as current use (open space, fame and agncultural, or timber) land per chapter 84.34? Is this property receiving special valuation as histoncal property per chapter 84.26 RCW? If any answers are yes, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, faun and agriculture, or timber) land, you must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33 140 or RCW 84.34 108). Prior to signing (3) below, you may contact your local county assessor for more information. This land 0 does 0 does not qualify for continuance. YES NO ❑ 0 ❑ 0 ❑ 0 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S)' To continue special valuation as historic property, sign (3) below If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption. WAC No, (Section/Subsection) Reason for exemption Tof Document Statutory Warranty Deed Yp' Date of Document Gross Selling Price *Personal Property (deduct) Exemption Claimed (deduct) Taxable Selling Price Excise Tax State Local 0 0050 205,000 00 205,000 00 2,624 00 1,025 00 *Delinquent Interest. State $ Local 5 *Delinquent Penalty $ Subtotal $ 3,649 00 *State Technology Fee $ 5 00 *Affidavit Processing Fee $ Total Due $ 3,654 00 A MINIMUIs/ OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantee or Grantee's Agent Name (print) Date & city of signing: 12/ /07, Yakima, WA Signature of Grantor or Grantor's Agent Name (print) Rick Weaver, President of CWCMH Date & city of signing: 12/ /07, Yakima, WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000 00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 34 000lae (a) (10/31/07) THIS SPACE - TREASURER'S USE ONLY TAXPAY1 EXHIBIT "A" - Real Estate Excise Tax Affidavit. Parcel No. 181324-44465 All that portion of Block 255, Lund's Addition to North Yakima (now Yakima), according to the Official Plat thereof recorded in Volume "A" of Plats, Page 103, Records of Yakima County, Washington, AND the vacated Alley in said Block, AND all that portion of Lots 1 and 2 of that certain Short Plat recorded under Auditor's File Number 7385120, Records of Yakima County, Washington described as follows: Beginning at the Northeast Corner of said Block 255; thence S. 71° 23' 15" W. along the north line thereof 187.00 feet; thence S. 18° 37' 15" E., parallel with the east line of said Block 255, a distance of 177.00 feet; thence S. 63° 37' 15" E. 51.00 feet; thence S. 30° 43' 49" E. 59.50 feet; thence S. 18° 37' 15" E. 153.76 feet to the point of intersection with a line that is 25 feet southerly of as measured at right angles to and parallel with the southerly line of said Block 255; thence N. 71° 23' 15" E. 138.45 feet to the east line of said Block 255; thence N. 18° 37' 15" W., along last said east line to the point of beginning. S3 4.1 01-I6•2uotl PRE CLOSING DRAFT A. Settlement Statement U S Department of Housing and Urban Development HUD -1 (3/86) OMB No 2502-0265 B ape of Loan 1 1--i FHA 2 Li FmHA 3 L] Conv Unins 4 LiVA 5 ❑Conv Ins 6 File Number 718-127ALTTROL 7 Loan Number 8 Mortgage Insurance Case Number C Note This form is furnished to give you a statement of actual settlement costs Amounts paid to and by the settlement agent are shown. Items marked "(p o c)" were paid outside the closing, they are shown here for informational purposes and are not included in the totals D Name and Address of Borrower CITY OF YAKIMA 129 NORTH 2ND STREET YAKIMA, WA 98901 E. Name and Address of Seller CENTRAL WA COMPREHENSIVE MENTAL HEALTH P 0 BOX 959 YAKIMA, WA 98907 F Name and Address of Lender G Property Location 301 WEST PINE STREET, YAKIMA WA 98902 H. Settlement Agent Lyon, Weigand & Gustafson, P S Place of Settlement 222 North Third Street Yakima, WA 98901 I Settlement Date 02/01/08 J Summary of Borrower's Transaction K. Summary of Seller's Transaction 100 Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101 Contract sales price 205,000 00 401 Contract sales price 205,000 00 102 Personal property 402. Personal property 103 Settlement charges to borrower (line 1400) 374 00 403 104 404 105 405 Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106 City/town taxes to 406 City/town taxes to 107 County taxes to 407 County taxes to 108 Assessments to 408 Assessments to 109 409 1110 410 111 411 112 412. 120 Gross Amount Due From Borrower 205,374.00 420. Gross Amount Due To Seller 205,000.00 1200 Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201 Deposit or earnest money 501 Excess deposit (see instructions) 202 Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 4,816 86 203 Existing loan(s) taken subject to 503 Existing loan(s) taken subject to 204 504 Payoff of first mortgage loan 205 505 Payoff of second mortgage loan 206 506 207 507 208 508 209 509 Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210 City/town taxes to 510 City/town taxes to 211 County taxes to 511 County taxes to 212 Assessments to 512. Assessments to 213 513 214 514 215 515 216 516 217 517 218 518 219 519 220 Total Paid By/For Borrower 0.00 520 Total Reduction Amount Due To Seller 4,816.86 300 Cash At Settlement From/To Borrower 600 Cash At Settlement To/From Seller 301 Gross Amount due from borrower (line 120) 205,374 00 601 Gross amount due to seller (line 420) 205,000 00 302 Less amounts paid by/for borrower (line 220) ( 0 00) 602. Less reductions in amt. due seller (line 520) ( 4,816 86) 303 Cash J From ❑ To Borrower 205,374.00 603 Cash Z To ❑ From Seller 200,183.14 PRE-CLOSING DRAF L. Settlement Charges .3 59 i. 0116 .LJd Settlement Statement Page 2 700 Total Sates/Broker's Commission based on price $ @ % = Paid From Borrower's Funds At Settlement Paid From Seller's Funds At Settlement Division of Commission (line 700) as follows 701 $ to 702 $ to 703 Commission paid at Settlement 704 800 Items Payable In Connection With Loan 801 Loan Origination Fee 802 Loan Discount 803 Appraisal Fee to 804 Credit Report to 805 Lender's Inspection Fee 806 Mortgage Insurance Application Fee to 807 Assumption Fee 808 809 810 811 812 813 814 900 Items Required By Lender To Be Paid In Advance 901 Interest from to @ $ /day 902 Mortgage Insurance Premium for months to 903 Hazard Insurance Premium for years to 904 years to 905 1000 Reserves Deposited With Lender 1001 Hazard Insurance months @ $ per month 1002 Mortgage Insurance months @ $ per month 1003 City property taxes months @ $ per month 1004 County property taxes months @ $ per month 1005 Annual assessments months @ $ per month 1006 months @ $ per month 1007 months @ $ per month 1008 Aggregate adjustment months @ $ per month 1100 Title Charges 1101 Settlement or closing fee to Lyon, Weigand & Gustafson 330 00 330 00 1102 Abstract or title search to 1103 Title examination to 1104 Title insurance binder to 1105 Document preparation to 1106 Notary fees to 1107 Attorney's fees to (includes above items numbers ) 1108 Title insurance to Valley Title Guarantee 789 86 (includes above items numbers ) 1109 Lender's coverage $ 1110 Owner's coverage $ 1111 1112 1113 1200 Government Recording and Transfer Charges 1201 Recording fees Deed $44 00 , Mortgage $ , Release $ 43 00 44 00 43 00 1202 City/county tax/stamps Deed $ , Mortgage $ 1203 State tax/stamps. Deed $ , Mortgage $ 1204 RI l.;:.xcise Tax 1 78% 3.649 00. to Yakima County Treasurer 3,649 00 1205 State Technology Fee; to Yakima County Treasurer 5 00 1300 Additional Settlement Charges 1301 Survey to 1302 Pest inspection to 1303 1304 1305 1400 Total Settlement Charges (enter on lines 103, Section J and 502, Section K) 374.00 4,816.86 PRE-CLOSING DRAFT 14 20 3:101.16-20013 Settlement Statement Page 3 This page is attached to and made part of the Settlement Statement in the matter described on Page 1 of the Settlement Statement. I have carefully, revIevAed this Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements r t e on my account or by me in this transaction. 1 further certify that I have received a copy of the Settlement Statement. Borrower( s) �� CITY OF YAKIM-A... I /2-)1, ageller(s) CENTRAL WA COMPREHENSIVE MENTAL HEALTH li6/0a RIC WEAVER, PRESIDENT & CEO The Settlement Statement which I have prepared is a true and accurate account of funds received and funds disbursed or to be disbursed for this transaction / / Lyon, Weigand & Gustafson, P S , Settlement Agent CLOSING DRAFT 1.170.1, D1 -16-2W8 Settlement Statement Page 3 This page is attached to and made part of the Settlement Statement in the matter described on Page 1 of the Settlement Statement. I have carefully reviewed this Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements Iyr (Ie on my account or by me in this transaction. I further certify that I have received a copy of the Settlement Statement. Borrower(s) CITY OF YAKINIA / / 6 eller(s) CENTRAL WA COMPREHENSIVE MENTAL HEALTH By RICWEAVER, PRESIDENT & CEO The Settlement Statement which I have prepared is a true and accurate account of funds received and funds disbursed or to be disbursed for this transaction. / / Lyon, Weigand & Gustafson, P.S , Settlement Agent WARNING it is a crime to knowingly make false statements to the United States on this form Penalties upon conviction can include a fine and imprisonment. For details see. Title 18 U S Code Section 1001 and Section 1010 1038 CONTRACTS Contract Title Closing Agreement and Escrow Instructions for Purchase and Sale Transaction Contracting Party Central Washington Comprehensive Mental Health Purpose City is purchasing the Trolley Barn at 301 West Pine Street Originating Division City Manager Staff Liaison R. A. Zais Amendments Effective Date 02/01/2008 Eff. Date Explanation Expiration Date Exp. Date Explanation Dollar Amount 205,000.00 Dollar Amt Explanation Contract ID 2008-024 Resolution ID R-2004-31 Insurance (yes/no) Insurance Expires Insurance Name File Location No. C 08 021 Archive Info Comments