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HomeMy WebLinkAboutR-2010-147 Residential Property - Real Estate Amendment to Contract with Albino PerezRESOLUTION NO R-2010-147 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to amend a Residential Property — Real Estate Contract Amendment with Albino Perez. WHEREAS, the City of Yakima entered into a contract with Albino Perez in June 2009 for the sale of property and rehabilitation of the existing structure located at 201 South 8th Street in Yakima (R-2009-67), and WHEREAS, a condition of the contract was that the structure would be rehabilitated back to a single family dwelling within approximately one year; and WHEREAS, Mr Perez met the conditions of the contract except that the rehabilitation was not complete by June 1, 2010, and thus he requested a six-month extension through December 1, 2010 (R-2010-65), and WHEREAS, Mr Perez has continued to make good progress but has not yet completed the project and therefore requests an extension to complete the project by June 1, 2011, and WHEREAS, the City desires to give Albino Perez the opportunity to finish the rehabilitation, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager of the City of Yakima is herby authorized and directed to execute the attached and incorporated "Residential Property — Real Estate Contract Amendment" to provide an additional six months time within which Mr Perez shall pay to the City of Yakima the balance of One Thousand and 00/000 Dollars ($1,000 00), and to provide an additional six months time within which Mr Perez shall finish the project to completion and obtain the "Certificate of Occupancy " ADOPTED BY THE CITY COUNCIL this 7th day of December, 2010 ATTEST Micah Cawley, Maor City Clerk Return Address: City of Yakima/ONDS 112 S. 8th St. Yakima, WA 98901 RESIDENTIAL PROPERTY - REAL ESTATE CONTRACT AMENDMENT Grantor/Seller: The City of Yakima Grantee/Purchaser: Albino Perez Legal Description: Lot 9, Block 173, NACHES ADDITION TO NORTH YAKIMA, now Yakima, Washington as recorded in Volume "A" of Plats, at Page 83. Parcel No.: DATE: 191319-13568 December 7, 2010 Zold -4V7 1. SECOND AMENDMENT TO REAL ESTATE CONTRACT: The Parties hereto agree to a second amendment to an amended Real Estate Contract entered on June 1, 2010 between the City of Yakima and Albino Perez to provide an additional six (6) months time within which.Purchaser shall pay to the City of Yakima the balance of One Thousand and 00/100 Dollars ($1,000.00), with interest accruing at Zero Percent (0%) per annum, on the Purchase Price agreed upon in the underlying Real Estate Contract for the property identified herein. The original contract was dated June 2, 2009. The final payment shall be paid in full by no later than 4:00 p.m. on June 1, 2011. The Parties hereto further agree to a second amendment to an amended Real Estate Contract entered on June 1, 2010, between the City of Yakima and Albino Perez to provide an additional six (6) months time within which Purchaser shall finish the project to completion and obtain the "Certificate of Occupancy" for the residential property identified herein. The original contract was dated June 2, 2009. The project shall be complete and Purchaser shall have obtained a Certificate of Occupancy for the residence by no later than 4:00 p.m. on June 1, 2011. 1 2. ALL OTHER CONDITIONS TO REMAIN UNCHANGED: Aside from the specific amendments set forth in paragraph 1, above, each and every remaining term and condition of the underlying Real Estate Contract executed by the Parties on December 7, 2010, regarding the property identified herein shall be the same as originally agreed upon and shall remain in full force and effect. THE CITY OF YAKIMA ATTEST: City of Yakima 129 North Second Street Yakima, WA 98901 Debbie Meere, City Cl - rk Klns-ker STATE OF WASHINGTON ) :SS. z0l1 On this 7day of ,Jarluae-y , 241-97before me the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared Rf. and Debbie Kloster, to me known to be the Manager of the City of Yakima, and the City Clerk, respectively, and that they executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. County of Yakima Witness my hand and official seal affixed the date and year in this certification above written. TED: 1.../440,4 NJ. k/41 -7c,"1,5 otary Public in and for the State of Washington, residing at tAgai¢ My commission expires: 3 -/,! 20/Y PURCHASER: Albino Perez Address: 215 S. 7th Street Yakima, Washington 98901 STATE OF WASHINGTON ) :SS. County of Yakima ) I certify that I know or have satisfactory evidence that Albino Perez personally appeared before me and signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. ,DATED this / day of t..@ 2010. _ ..; PRINTED: 3, (--;->•-. FIs •a Notary Public in and for the State if Washington My commission expires: c/ /1 S /1 z_ `�.:" Residing at: �� • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No fq For Meeting of December 7, 2010 ITEM TITLE A Resolution authorizing an amendment to a_Residential Property — Real Estate Contract Amendment with Albino Perez SUBMITTED BY Michael Morales, Director Department of Community and Economic Development CONTACT PERSON/TELEPHONE Archie Matthews, ONDS Manager, 575-6101 SUMMARY EXPLANATION On May 5, 2009, Council accepted a proposal from Mr Albino Perez for the sale of property and rehabilitation of the existing structure located at 201 South 8th Street (R-2009-67) A condition of the contract was that the structure be rehabilitated back to a single family dwelling within one year (approximately June 1, 2010) Mr Perez obtained all the applicable permits and worked steadily toward completion of the rehabilitation, however, he was unable to complete the work by June 1 On June 1, 2010, Council approved a six month extension (through December 1, 2010) (R-2010-65) Mr Perez has continued to make good progress on the rehabilitation However, the project is not complete and Mr Perez requests an additional six month extension Approval of the Resolution would amend the contract to provide an additional six months time to finish the project to completion and to obtain a "Certificate of Occupancy" by June 1, 2011 Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Approve the Resolution BOARD/COMMISSION/COMMITTEE RECOMMENDATION At their December 1, 2010 meeting, the Committee moved to forward the request for an extension to the City Council, with a full recommendation for approval COUNCIL ACTION