HomeMy WebLinkAboutR-1990-D5751 206 Pine St. (missing document) 501
MAY 22, 1990
Don Skone, Planning Manager, distributed notices of a luncheon
meeting on June 4th, 1990 at the Airport Restaurant with County
Commissioners.
Information Items:
Items of information supplied to Council were: Letter from Nob
Hill Water Association to its members stating the Association will
collect the City imposed B & 0 tax from its city members. 5/8/90;
Annexation Status Report. 5/22/90; Memo from Cable Communications
Manager regarding Impending Cable Television Rate Changes. 5/9/90;
Memo from Cable Communications Manager regarding "Yakima Futures"
Video airing on YCTV. 5/10/90; Monthly report of the Chief of
Police for April 1990; Letter to Governor Booth Gardner
expressing appreciation for $100,000 grant for the Yakima Rebound
Rehabilitation Program. 5/15/90; Letter from Forest District
Ranger expressing appreciation for assistance from Fire Captain
Rick Bowman in checking a possible hazardous materials dump site.
5/14/90; Letter from ICBO Western Washington Chapter supporting
appointment of Bob Shampine as Northern Division representative to
the Fire and Life Safety Committee. 5/9/90; Article from
newspaper, "Supreme Court Says Kansas City Schools Must Levy Taxes
to Pay for Desegregation; Legal Department Monthly Report for
March 1990; Monthly Reports from Personnel regarding hiring and
vacancies as of May 15, 1990; and Agenda for May 21, 1990 Police
and Fire Civil Service Commission meeting and minutes of its March
28, 1990 meeting.
21. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY, PENDING AND
PROSPECTIVE LITIGATION (COUNCIL MAY RECONVENE IN OPEN SESSION TO
CONSIDER ITEM A.)
It was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO MOVE INTO .
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING ACQUISITION OF
PROPERTY AND PENDING AND PROSPECTIVE LITIGATION WITH IMMEDIATE
RECONVENING. The motion carried by unanimous voice vote.
A. CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY
(AVAILABLE TUESDAY)
The meeting reconvened at 6:00 P.M. Resolution No. D -5751 having
been read by title, It was MOVED BY SIMS, SECONDED BY BUCHANAN,
THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous
• roll call vote.
RESOLUTION NO. D -5751, A RESOLUTION authorizing the execution of a
Purchase and Sale Agreement for property and buildings located at
206 West Pine, Yakima, Washington.
•
22. ADJOURNMENT TO MAY 23, 1990 NOON MEETING WITH AREA STATE
LEGISLATORS AT THE RED LION (TIETON ROOM)
It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADJOURN TO MAY
23, 1990 AT NOON AT THE RED LION INN. The motion carried by
unanimous voice vote. The meeting was adjourned at 6:10 P.M.
•
READ AND CERTIFIED ACCURATE BY: ,k acJD
OU C ‘MEMBER DATE
s2/71� `.
COUNCIL M -DATE
•
. A'r1'I ST:
12.4.4A,t_.) cA4A,c— (4e- 4/2,7,-
CITY CLERK M AYOR •
Minutes prepared by Lois Harris- Givens
AAD /7
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PURCHASE AND SALE AGREEMENT
ement is made and entered into this day of
��, 1990, by and between DON J. and LUCILE R. YOUNG,
husband and ��'ife, (hereafter referred to as "Sellers "), and the
CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of
Washington, whose address is 129 North Second Street, Yakima, Wash-
ington 98901 (hereafter referred to as "Purchaser "), WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
Section 1. Purchase and Sale of the Property.
Sellers hereby agree to sell and Purchaser hereby agrees to
purchase, subject to and on the terms and conditions hereinafter
set forth and for the price hereinafter fixed, certain real and
personal property in Yakima, Yakima County, Washington, commonly
known as 204/206 West Pine, Yakima, Washington, Yakima County
Assessor Parcel Nos. 191319- 33405, 181324- 44401, and 181324 -44402
and legally described as follows:
All of Lot 1 of Short Plat 84 -79, as recorded on April 20,
1984, under Auditor's File No. 2702480, in the records of
Yakima County, Washington.
AND
Lots 12, 13, 14, and 15, Block 235, LUND'S ADDITION TO NORTH
YAKIMA, NOW YAKIMA, WASHINGTON, as recorded in Volume "A" of
Plats, page 103. (Tax Parcel Nos. 181324 - 44401 -5 and 181324 -
44402 -03)
Together with all appurtenances, water, and water rights
belonging thereto.
and graphically shown on the print marked Exhibit A, attached here-
to and hereby made a part hereof, together with all of Sellers'
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right., title, and interest in and to the improvements, appurten-
ances, and fixtures, located thereon, including, without limita-
tion, the items listed in Exhibit B attached hereto and made a part
hereof by reference. The sale property and all improvements and
property listed in Exhibit B shall collectively be referred to as
"the Property ".
Together with an easement for ingress and egress for the bene-
fit of purchaser from South Third Avenue to the Property as cur-
rently used by Sellers.
It is understood that the sale and conveyance made pursuant to
this Agreement shall be subject to any and all applicable federal,
state, and local laws, orders, rules, and regulations.
Section 2. Purchase Price.
The purchase price for the Property to be paid by Purchaser to
Sellers shall be the sum of Three Hundred Thirty -five Thousand
Dollars ($335,000.00) ( "Purchase Price ").
Section 3. Payment of the Purchase Price.
The Purchase Price shall be paid by Purchaser to Sellers as
follows:
(a) Upon execution of this Agreement by all parties, the sum
of Three Thousand Three Hundred Fifty Dollars (S3,350.00), in
cash or by check or draft to be deposited with Fidelity Title
Insurance Company, 406 North 2nd Street, Yakima, Washington
98901 ( "Title Company ") in an interest- bearing account [the
Three Thousand Three Hundred Fifty Dollars ($3,350.00) deposit
and accrued interest thereon shall hereafter be referred to as
"Escrow Fund "l; and
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(b) At the time of closing of escrow, the balance of the
Purchase Price in cash or by certified or cashier's check
drawn on a financial institution acceptable to Sellers.
Section 4. Conditions Precedent to Sale.
This Agreement is made and executed by the parties hereto
subject to the following conditions precedent:
(a) Title Review. As soon as reasonably possible, Sellers,
at their sole cost and expense, shall obtain from Title Compa-
ny a preliminary title report, and copies of all documents
referred to therein, and furnish same to Purchaser. Purchaser
shall have thirty (30) days after receipt of said preliminary
title report and documents in which to approve or disapprove
any defects in the title or any liens, encumbrances, coven-
ants, rights -of -way, easements or other outstanding rights
disclosed by the preliminary title report, except those mat-
ters set forth in Section 6. Disapproval shall be by written
notice given by Purchaser to Sellers setting forth the specif-
ic item or items disapproved by Purchaser. In the event of
disapproval by Purchaser of any item or items contained in or
disclosed by said preliminary title report, Sellers shall have
thirty (30) days after receipt of Purchaser's notice of disap-
proval to eliminate or make arrangements to eliminate at time
of closing any disapproved items from the policy of title
insurance to be issued in favor of Purchaser. In the event
any such disapproved item is not eliminated within such thirty
(30) day period, then this Agreement shall terminate unless
Purchaser shall have elected to waive its prior disapproval in
writing not less than five (5) days before the date of closing
of escrow. In the event of termination due to any such uncor-
rected defect in title, the Escrow Fund shall be returned to
Purchaser, and this Agreement shall terminate and be without
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any further force and effect, and without further obligation
of either party to the other.
(b) Feasibility Studies. Upon execution of this Agreement,
Purchaser, and its agents and subcontractors, are granted the
privilege of entering upon the Property for the purpose of
performing environmental audits, soil tests, engineering and
feasibility studies and such other studies of Building 1 as
identified on Exhibit A as Purchaser may deem necessary to
determine the suitability of the Property for the purpose for
which Purchaser desires to purchase the same. If the results
of such audits, tests or studies are unsatisfactory in Pur-
chaser's reasonable opinion, Purchaser may, at its option,
elect to terminate this Agreement by giving Sellers written
notice of election to terminate within forty -five (45) days
after the date of execution of this Agreement. In the event
of such termination by Purchaser, the Escrow Fund shall be
returned to Purchaser, and this Agreement shall terminate and
be without any further force and effect, and without further
obligation of either party to the other.
(c) Purchaser Approvals. The terms and conditions of this
transaction are subject to approval by the Yakima City Coun-
cil. Notice of approval or disapproval shall be given by
Purchaser to Sellers on or before May 30, 1990, and failure to
give such notice within said time period shall be deemed no-
tice of disapproval. In the event, within said time period,
the terms of this Agreement are not approved by the Yakima
City Council, this Agreement shall be deemed terminated forth-
with. In the event of such termination, the Escrow Fund shall
be returned to the Purchaser, and this Agreement shall termi-
nate and be without any further force and effect, and without
further obligation of either party to the other.
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(d) Statements Regarding Historic Use of Property. The terms
and conditions of this transaction are subject to the execu-
tion, on or before June 1, 1990, by Sellers, of a Statement
Regarding Historic Use substantially in the form attached
hereto as Exhibit D. In the event, within said time period,
the above- referenced statements are not executed, this Agree-
ment shall be deemed terminated unless Purchaser shall have
elected to waive this provision, which waiver will be made not
less than five (5) days before the date of closing of escrow
forthwith. In the event of such termination, the Escrow Fund
shall be returned to Purchaser, and this Agreement shall ter-
minate and be without any further force and effect, and with-
out further obligation of either party to the other.
Section 5. Escrow.
Upon execution of this Agreement by all parties, an escrow
account shall be opened with Title Company, and Purchaser shall
thereupon deposit with the Title Company the sum of Three Thousand
Three Hundred Fifty Dollars (53,350.00), with instructions to Title
Company to hold the same in accordance with the provisions of this
Agreement. On or before the date of closing of escrow, Purchaser
shall deposit with Title Company the Purchase Price, less the Es-
crow Fund, and Sellers shall deposit therein the Statutory Warranty
Deed referred to in Section 6, and Exhibit B attached hereto and
incorporated herein by reference covering the improvements, fix-
tures, and personal property. Title Company shall be instructed
that when it is in a position to deliver to Sellers the Purchase
Price, and to issue an American Land Title Association standard
form of owner's or purchaser's policy of title insurance in the
full amount of the Purchase Price, insuring fee simple title to the
Property in Purchaser, subject only to the items set forth in Sec-
tion 6, Title Company shall:
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(1) deliver and record the Statutory Warranty Deed to
Purchaser;
(2) deliver Exhibit B to Purchaser;
(3) deliver to Sellers the Purchase Price; and
(4) issue and deliver to Purchaser the standard owner's
policy of title insurance.
At closing,
(a) Sellers shall pay the following:
(1) One -half of the escrow fee;
(2) The premium for the issuance of the standard owner's
policy of title insurance;
(3) Sellers' pro rata share of real estate taxes (wheth-
er general or special) assessed against the Property and due
and payable for the year of closing;
(4) The Washington State real estate excise tax, if any;
and
(5) The cost of the required state revenue stamps, if
any.
(b) Purchaser shall pay the following costs:
(1) One -half of the escrow fee;
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(2) The cost of recording the Statutory Warranty Deed;
and
(3) Purchaser's pro rata share of real estate taxes
(whether general or special) assessed against the Property and
due and payable for the year of closing.
Section 6. Title.
Upon closing of escrow as set forth in Section 5, title to the
Property shall be conveyed by Sellers to Purchaser by a duly exe-
cuted Statutory Warranty Deed and by Exhibit B, attached hereto and
hereby made a part hereof, Title to the realty shall be in fee and
insurable as free and clear of all liens, encumbrances, exceptions,
and reservations other than the following:
(1) Non- delinquent real property taxes (whether general
or special);
(2) Standard print exceptions in the title policy; and
(3) Items disclosed in the preliminary title report and
approved or waived by Purchaser as set forth in Section 4(a).
Section 7. Leases.
Sellers shall be solely responsible and obligated to evict all
tenants and terminate all leases now on the property prior to clos-
ing, and Sellers agree to indemnify, hold harmless and defend Pur-
chaser from all claims or actions brought as a result of said
eviction or termination of leases. If Sellers are unable to evict
all tenants and terminate all leases prior to closing Purchaser, at
its option, may elect to terminate this Agreement, and upon such
election this Agreement shall be terminated and be without further
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force and effect, and without further obligation of either party to
the other. In the event of such termination, the Escrow Fund shall
be returned to the Purchaser.
Section 8. Closing; Possession.
Escrow for the Property shall close on or before the day nine-
ty (90) days after the Purchaser removes the environmental contin-
gency set forth in paragraph 4(b). Possession of the Property
shall pass to Purchaser on closing of escrow. Seller shall have up
to ninety (90) days after Purchaser removes the environmental con-
tingency from this Agreement to wind up its business, close this
transaction, and pass possession to Purchaser. Purchaser may renew
its environmental objection after the environmental contingency has
been removed if Seller introduces any new or additional contamina-
tions to the property after Purchaser has an environmental assess-
ment performed. In such case, Purchaser may at its option declare
this Agreement terminated, whereupon the Escrow Fund will be re-
turned to Purchaser, and this Agreement shall terminate and be
without any further force and effect, and without further obliga-
tion of either party to the other.
Section 9. Default; Liquidated Damages.
IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL
TO CLOSE AS SET FORTH IN SECTION 5 BECAUSE OF ANY DEFAULT OF PUR-
CHASER HEREUNDER, THE ESCROW FUND SHALL BE AND REMAIN THE PROPERTY
OF SELLERS AS SELLERS' SOLE REMEDY AND AS LIQUIDATED DAMAGES FOR
SUCH DEFAULT BY PURCHASER, AND THIS AGREEMENT SHALL BE WITHOUT ANY
FURTHER FORCE AND EFFECT, AND WITHOUT FURTHER OBLIGATION OF EITHER
PARTY TO THE OTHER. SELLERS' ACTUAL DAMAGES IN THE EVENT OF SUCH
DEFAULT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTAIN,
AND FURTHER, PURCHASER DESIRES TO LIMIT ITS LIABILITY TO SELLERS IN
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THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE
BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER.
Section 10. Notices.
Any notices required or desired to be given under this Agree-
ment shall be in writing and personally served, given by overnight
express delivery, or given by mail. Any notice given by mail shall
be sent, postage prepaid, by certified mail, return receipt re-
quested, addressed to the party to receive at the following address
or at such other address as the party may from time to time direct
in writing:
Sellers: Don J. and Lucile R. Young, husband and
wife, ..
P.O. Box 935
204 West Pine
Yakima, Washington 98907
Purchaser: Mr. R. A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, Washington 98901
Title Company: Fidelity Title Insurance
406 North 2nd Street
Yakima, Washington 98901
Personally served and express delivery notices shall be deemed to
be given upon receipt. Postal notices shall be deemed to be given
three (3) days after deposit with the United States Postal Service.
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Copies of all notices to Sellers or Purchaser shall be given to
Title Company, and copies of all notices to Title Company shall be
given to the other party to this Agreement.
Section 11. Assignment.
Purchaser shall not transfer or assign this Agreement, or any
interest therein, without the consent in writing of Sellers, and it
is agreed that any such transfer or assignment, whether voluntary,
by operation of law or otherwise, without such consent in writing,
shall be absolutely void and shall, at the option of Sellers, ter-
minate this Agreement.
Section 12. Waiver of Breach.
A waiver by either party hereto of a breach of this other
party hereto of any covenant or condition of this Agreement shall
not impair the right of the party not in default to avail itself of
any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement,
covenant or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed
as a waiver or relinquishment of any such agreement, covenant,
condition or right.
Section 13. Time of the Essence.
Time is of the essence of this Agreement.
Section 14. Law Governing.
This Agreement shall be governed in all respects by the laws
of the State of Washington.
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Section 15. Brokers, Representatives.
The negotiations relative to this Agreement and the trans-
actions contemplated hereby have been carried on by the parties
without the intervention of any person which would give rise to any
valid claim against either of the parties hereto for brokerage
commissions or other like payment. Sellers shall indemnify and
hold harmless Purchaser against and from any and all claims for
brokerage commission or other like payment arising out of the
transaction contemplated by this Agreement and occasioned by the
actions of Sellers. Sellers have been advised by Purchaser that
Sellers are encouraged to obtain their own attorney and /or other
representatives to advise them.
Section 16. Successors and Assigns.
Subject to the provisions of Section 10, this Agreement shall
he binding upon and inure to the benefit of the parties hereto,
their successors, and assigns.
Section 17. Risk of Loss.
If prior to closing of escrow, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty,
then this Agreement, at the option of Purchaser, shall terminate
and be without any further force and effect, and without further
obligation of either party to the other, and the Escrow Fund shall
be returned to Purchaser; provided, however, if Purchaser shall
elect to continue in writing not less than five (5) days before the
date of closing of escrow, all insurance proceeds, if any, shall be
payable to Purchaser.
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Section 18. Personal Property.
The improvements on the realty, and all attached floor cover-
ings, window screens, fixed doors, plumbing and bathroom fixtures,
lighting fixtures, fences, awnings, trees, plants, shrubbery, water
heating apparatus and fixtures, ventilating, cooling and heat sys-
tems, and all other fixtures that are now on the Property shall be
included in the sale except as otherwise provided herein at Exhibit
B.
Section 19. Special Provision.
(a) Sellers are not a foreign corporation and are not "for-
eign person" within the meaning of Section 1445(f)(3) of the Inter -
nal Revenue Code of 1954, as amended, and withholding of Federal
Income Tax from the amount realized will not be made by Purchaser.
An Affidavit and Certification prepared in conformance with IRS
regulations under Section 1445 of the Internal Revenue Code is
attached as Exhibit C and shall be furnished by Sellers prior to
closing.
Section 20. Entire Agreement.
It is understood and agreed that all understandings and agree-
ments, whether written or oral, heretofore had between the parties
hereto are merged in this Agreement, which alone fully and com-
pletely expresses their agreement, that neither party is relying
upon any statement or representation not embodied in this Agree-
ment, made by the other, and that this Agreement may not be changed
except by an instrument in writing signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first herein written.
[SELLERS]
DON J. YOUNG
Witness:
//' _07:7--
LUCILE R. YOUNG
Witness:
[PURCHASER]
CITY OF YAKIMA, WASHINGTON
Witness:
tecz4 7 ;61110 4 —
R. A. ais, Jr., Manager
Attest: rQ
Cl/V (_(S e a 1 )
City Clerk
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EXHIBIT B
AGREEMENT AS TO IMPROVEMENTS, FIXTURES AND OTHER PROPERTY
KNOWN ALL MEN BY THESE PRESENTS:
That DON J. and LUCILE R. YOUNG, husband and wife, whose ad-
dress is P.O. Box 935, Yakima, Washington 98907 (Sellers), for and
in consideration of the purchase price as set forth in the Purchase
and Sale Agreement, does hereby sell unto the CITY OF YAKIMA, WASH-
INGTON, a municipal corporation of the State of Washington, whose
address is 129 North Second Street, Yakima, Washington 98901 (Pur-
chaser), its successors and assigns, the following- described pro-
perty, to wit:
(A) A large commercial building of concrete block construc-
tion of approximately 18,024 square feet, which is iden-
tified as Building 1 on Exhibit A;
(B) All attached floor coverings, window screens, attached
doors, plumbing and bathroom fixtures, lighting fixtures,
heating and air conditioning fixtures, and all other
fixtures except trade fixtures as now in Building 1;
(C) The chain link fence and gates as now affixed;
(D) All concrete and asphalt paved surfaces to remain in at
least as good as condition as they are now;
(E) Buildings 2, 3, 4, and 5 as identified on Exhibit A if
not removed prior to closing, under the conditions set
forth herein;
that are now on the Property located at 204/206 West Pine, Yakima,
Washington, Parcel Nos. 191319 - 33405, 181324 - 44401, and 181324-
44402 and legally described as follows:
All of Lot 1 of Short Plat 84 -79, as recorded on April 20,
1984, under Auditor's File No. 2702480, in the records of
Yakima County, Washington.
AND
Lots 12, 13, 14, and 15, Block 235, LUND'S ADDITION TO NORTH
YAKIMA, NOW YAKIMA, WASHINGTON, as recorded in Volume "A" of
Plats, page 103. (Tax Parcel Nos. 181324- 44401 -5 and 181324-
44402-03)
Page 1 of 3
(misc /exhibit.b2)
EXHIBIT B
•
Sellers hereby represent and warrant to Purchasers that Sell-
ers are the owners of said property, that said property is free and
clear of all liens, charges and encumbrances or will be at closing,
and that Sellers have full right, power, and authority to sell said
property and to make this Agreement.
Sellers may retain ownership of all trade fixtures and per-
sonal property on the premises unless otherwise specifically men-
tioned herein, including sellers equipment, paint booth and paint
equipment, sprinkler system in spray booth, storage racks in Build-
ing 1, and all of Sellers inventory.
Sellers shall be solely responsible and obligated at their
sole expense to remove all underground storage tanks on the proper-
ty, the Railroad car (caboose) which is now on the property, and
remove all paint, varnish, chemicals and other such items that pose
environmental concerns prior to closing.
Sellers shall be solely responsible and obligated to repair
all damage to Building 1 that occurs prior to closing to Purchas-
ers' satisfaction so that Building 1 is in at least as good as
condition as now exists.
Sellers may at their option remove Buildings 2, 3, 4, and 5 as
shown on Exhibit A prior to closing as long as any damage to Build-
ing 1, other fixtures, utility services, damage to concrete or
asphalt surfaces, or other damage is repaired by Sellers to Pur-
chasers' satisfaction so that the damaged areas are returned in at
least as good a condition as now exists.
Any and all improvements, fixtures, equipment, inventory and
any and all other property remaining on the Property after closing
that is required to be removed by Seller may be removed by Purchas-
er at Seller's expense, or kept by Purchaser as Purchasers' sole
property.
Any and all improvements, fixtures, equipment, inventory and
any and all other property left on the property after closing that
Seller may have removed but was not required to remove shall become
the sole property of Purchaser at closing.
IN WITNESS WHEREO Sellers have caused this instrument to be
executed as of the (day of - l y , 1990.
DON J. YOUNG
Wit
4111, "AV
Page 2 of 3
• (misc /exhibit.b2)
EXHIBIT B
LUCILE R. YOUNG
Witnes
The foregoing instrument and each and all of the terms, provi-
sions, and conditions thereof are accepted by the undersigned this
day of , 1990.
Witness: CITY OF •.I;I
_ 2�� , r ` k By: �I - r �► OF
R. A. Zais, J-. City Manager
Attest: ��
jL' - ,..✓ , (Seal)
City Clerk
Page 3 of 3
(misc /exhibit.b2)
EXHIBIT B
•
TRANSFEROR'S AFFIDAVIT AND CERTIFICATION
OF NON- FOREIGN STATUS
Furnished in Accordance with Section 1445 (f) (3)
of the Internal Revenue Code
I, DON J. YOUNG and LUCILE R. YOUNG, hereby certify the fol-
lowing:
1. We are not nonresident aliens for purposes of U.S. income
taxation;
2. We do not have a U.S. taxpayer identifying number.
3. Our address is P.O. Box 935, Yakima, Washington 98907.
We understand that this certification may be disclosed to the
Internal Revenue Service by the transferee and that any false
statement made here could be punished by find, imprisonment, or
both.
Under penalties of perjury, we declare that we have examined
this certification and to the best of our knowledge and belief it
is true, correct, and complete.
DON J. YSP G 41, LUC E R. YOUNG / /
Date: 5 7 / // �p Date: ....1 a -1 d
STATE OF WASHINGTON )
:ss.
County of / M41 . ______)
On this day personally appeared before me DON J. YOUNG and
LUCILE R. YOUNG, to me known to be the individuals described in and
who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
Gi v en under my hand and official seal this `6 day of
//V 19 9 0 . ,
.. /*K/ 1:-/ __
NOTARY PUBLIC in for the St to
of Washington, residing at _
My commission expires: 40 .°l/
Page 1 of 1
(misc /exhibit.c2)
EXHIBIT C
STATEMENT OF DON J. YOUNG AND LUCILE R. YOUNG
REGARDING HISTORIC USE OF PROPERTY LOCATED AT
204/206 WEST PINE, YAKIMA, WASHINGTON
Comes now DON J. YOUNG and LUCILE R. YOUNG, husband and wife
and under oath state:
1. Our knowledge concerning the use of the above - referenced
property includes that: In the late sixties Billingsley
Orchard Supply bought box shook from Boise Cascade or the
old Cascade Lumber and made apple boxes, tomato flats,
lawn leaf baskets, etc.
They filed for bankruptcy around 1970. It was then that
Gene Shields purchased the buildings from the old West
Side National, leased the property from Union Pacific and
started Rainier Plastics. Their business consisted of
buying odd lot rolls of Polyethelene and heating into
pellets for Shields Bag Company.
In 1977 we purchased the buildings from Shields and in
1984 the land from Upland Industries and have maintained
through those years our current millwork and door opera-
, tion.
2. I have no knowledge that any toxic or hazardous substance
has been improperly generated, treated, released, stored
or disposed of, or otherwise deposited in or on the
above - referenced Property, including, without limitation,
the surface waters and subsurface waters thereof; that I
have no knowledge that any underground storage tanks are
located on substances or conditions in or on the property
which may support a claim or cause of action under the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (The Superfund Act), the Model
Toxics Control Act (Initiative 97), the Carpenter -
Presley- Tanner Hazardous Substance Account Act, the Re-
source Conservation and Regulatory Act of 1976 (RCRA);
the Toxic Substance Control Act, or any other federal,
state or local environmental statute, regulation, ordi-
nance or regulatory requirement; that I have no knowledge
of, and have not received notice from any governmental
Page 1 of 2
• (misc /exhibit.d)
EXHIBIT D
agency pertaining to the violation of any law or regula-
tion affecting the property; and have no knowledge of any
facts which might be the basis for such notice.
470 -, kle • -
DO `. OUNG
LUCILE R. Yy'NG
SIGNED AND SWORN TO before me this /G ( day of - *a c.
1990.
NOTARY PA IC in and for the S to
of Washington, residing atY�
My commission expires: 6`.45-//
Page 2 of 2
• (misc /exhibit.d)
EXHIBIT D
STATEMENT OF DON J. YOUNG COMPANY, INC.
Comes now the DON J. YOUNG COMPANY, INC. and under oath
states:
1. The DON J. YOUNG COMPANY, INC. has no interest in the
real property improvements, appurtenances, fixtures, and
any other property subject to the Purchase and Sale
Agreement between Don J. and Lucile R. Young and the City
of Yakima.
2. The DON J. YOUNG COMPANY, INC. has no claim nor will make
no claim against the City of Yakima, its assigns or suc-
cessors in interest regarding the subject matter of the
Purchase and Sale Agreement between the parties or re-
garding the property transferred in said Agreement.
DATED this /` day of 1990.
DON J. YOUNG COMPANY, INC.
President /
Witne s:
Attest:
; :t i. 7 )2 A -- (Seal)
Secretay
Page 1 of 1
• (misc /exhibit.e)
EXHIBIT E
AMENDMENT TO PURCHASE AND SALE AGREEMENT
BETWEEN
DON J. AND LUCILE R. YOUNG AND CITY OF YAKIMA
40
This Amendment made and entered into on this .. of �p
1990, by and between Don J. and Lucile R. Young, husband and wife,
(hereafter referred to as "Sellers "), and the CITY OF YAKIMA,
WASHINGTON, a municipal corporation of the State of Washington,
whose address is 129 North Second Street, Yakima, Washington, 98901
(hereafter referred to as "Purchaser "), amends the Purchase and
Sale Agreement made between Sellers and Purchaser dated May 25,
1990, a copy of said Purchase and Sale Agreement is identified as
Attachment "A" and attached hereto and incorporated herein by
reference (hereinafter referred to as "Purchase and Sale Agree-
ment").
WHEREAS, Section 4b. of the Purchase and Sale Agreement allows
the Purchaser to terminate the Agreement within forty five (45)
days after the execution of that Agreement, and
WHEREAS, Purchaser has begun environmental and soil tests but
has not concluded the same, and
WHEREAS, both Purchasers and Sellers desire to continue the
pursuit of this Purchase and Sale Agreement, and
WHEREAS, the City of Yakima has not finished with its environ-
mental studies, now, therefore
IT IS MUTUALLY AGREED by and between the parties hereto that
the City of Yakima in consideration of not terminating the Purchase
and Sale Agreement shall have an extension until September 14,
1990, to elect to either continue with or to terminate the Purchase
and Sale Agreement, under the terms of Section 4b. except as
modified herein.
The aforementioned Purchase and Sale Agreement is not other-
wise amended except as specifically set forth herein.
- 1 -
agr /amend.you
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first herein written.
[SELLERS]
Witness: DON J. YOUNG
Witness: LUCILE R. YOUNG
eX
[PURCHASER]
Witness: CITY OF YAKIMA, WASHINGTON
R. A. is, Jr., Manager
Attest:
kL h-Q -vim-_
City Clerk
trYY cOHT ACT No:. ":7. "1' -
— 2 —
agr /amend.you
Ijr3JCia
�1 i v J } Phone: (509) 575 -6030
Gee � ,,��� A ENT SCAN 278 -6030
SUITE 5, YAKIMA, WA 98901 FAX 575 -6160
Yv1Lj
(7C - / /9\
v.v. 1,7VA 9JJ
204 West Pine Street
Yakima, WA 98907
Dear Mr. and Mrs. Young:
I am writing to inform you that the City of Yakima removes the
contingencies found in paragraph 4B of the Purchase and Sale Agree-
ment between yourself and the City of Yakima. In accordance with
Section 8 of the Purchase and Sale Agreement, you have 90 days from
today to wind up your business, close this transaction, and pass
possession to the City of Yakima.
Very truly yours,
RICHARD A. ZAIS, JR.
City Manager for
City of Yakima
/las
ATTEST:
CITY CLERK
c: Fidelity Title Insurance
CcWkrox---" c 70 '
(-
s) -
L-/ I
AMENDMENT TO PURCHASE AND SALE AGREEMENT
BETWEEN
DON J. AND LUCILE R. YOUNG AND CITY OF YAKIMA
This Amendment made and entered on this /, day of ,
1990, by and between Don J. and Lucile R. Youn, husband and wife,
(hereafter referred to as "Sellers "), and the City of Yakima, Washing-
ton, a municipal corporation of the State of Washington, whose address
is 129 North Second Street, Yakima, Washington, 98901 (hereafter re-
ferred to as "Purchaser "), amends the Purchase and Sale Agreement made
between Sellers and Purchaser dated May 25, 1990 in the following
manner.
WHEREAS, Section 8 of the Purchase and Sale Agreement gives the
Sellers up to ninety (90) days after Purchaser removes the environmen-
tal contingencies from said Agreement to close this transaction; and
WHEREAS, Sellers may' need additional time to close down their
business; and
WHEREAS, Purchaser and Sellers are willing to allow Sellers an
additional thirty (30) days to close on this transaction if necessary,
now, therefore
IT IS MUTUALLY AGREED by and between the parties hereto that
Section 8 of the Purchase and Sale Agreement shall be amended allowing
the Sellers up to one hundred twenty (120) days after September 13,
1990 to close this transaction, and pass possession to Purchaser.
The aforementioned Purchase and Sale Agreement is not otherwise
amended except as specifically set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment as of the date first herein written.
[SELLERS]
Witness: DON . YOUNG
fi
Witness: LUCILE R. YOUNG
/ -1")7," /
[PURCHASER]
' Attest: CITY OF YAKIMA, WASHINGTON
x -1^- ety4evM., By
City Clerk R. A. Za , Jr., Manager
j,: _.t a* d *n►e n d. j t)
PURCHASE AND SALE AGREEMENT
This Agreement is made and entered into this o'2 S day of
, 1990, by and between DON J. and LUCILE R. YOUNG,
husband and wife, (hereafter referred to as "Sellers "), and the
CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of
Washington, whose address is 129 North Second Street, Yakima, Wash-
ington 98901 (hereafter referred to as "Purchaser "), WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
Section 1. Purchase and Sale of the Property.
Sellers hereby agree to sell and Purchaser hereby agrees to
purchase, subject to and on the terms and conditions hereinafter
set forth and for the price hereinafter fixed, certain real and
personal property in Yakima, Yakima County, Washington, commonly
known as 204'206 West Pine, Yakima, Washington, Yakima County
Assessor. Parcel Nos. 191319- 33405, 181324 - 44401, and 181324 -44402
and legally described as follows:
All of Lot 1 of Short Plat 84 -79, as recorded on April 20,
1984, under Auditor's File No. 2702480, in the records of
Yakima County, Washington.
AND
Lots 12, 13, 14, and 15, Block 235, LUND'S ADDITION TO NORTH
YAKIMA, NOW YAKIMA, WASHINGTON, as recorded in Volume "A" of
Plats, page 103. (Tax Parcel Nos. 181324- 44401 -5 and 181324-
44402-03)
Together with all appurtenances, water, and water rights
belonging thereto.
and graphically shown on the print marked Exhibit A, attached here-
to and hereby made a part hereof, together with all of Sellers'
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. (agr /young.jt2)
right, title, and interest in and to the improvements, appurten-
ances, and fixtures, located thereon, including, without limita-
tion, the items listed in Exhibit B attached hereto and made a part
hereof by reference. The sale property and all improvements and
property listed in Exhibit B shall collectively he referred to as
"the Property ".
Together with an easement for ingress and egress for the bene-
fit of purchaser from South Third Avenue to the Property as cur-
rently used by Sellers.
It is understood that the sale and conveyance made pursuant to
this Agreement shall be subject to any and all applicable federal,
state, and local laws, orders, rules, and regulations.
Section 2. Purchase Price.
The purchase price for the Property to be paid by Purchaser to
Sellers shall be the sum of Three Hundred Thirty -five Thousand
Dollars ($335,000.00) ( "Purchase Price ").
Section 3. Payment of the Purchase Price.
The Purchase Price shall be paid by Purchaser to Sellers as
follows:
(a) Upon execution of this Agreement by all parties, the sum
of Three Thousand Three Hundred Fifty Dollars ($3,350.00), in
cash or by check or draft to be deposited with Fidelity Title
Insurance Company, 406 North 2nd Street, Yakima, Washington
98901 ( "Title Company ") in an interest- bearing account [the
Three Thousand Three Hundred Fifty Dollars ($3,350.00) deposit
and accrued interest thereon shall hereafter be referred to as
"Escrow Fund "l; and
- 2 -
• (agrivoung.jt2)
I
(b) At the time of closing of escrow, the balance of the
Purchase Price in cash or by certified or cashier's check
drawn on a financial institution acceptable to Sellers.
Section 4. Conditions Precedent to Sale.
This Agreement is made and executed by the parties hereto
subject to the following conditions precedent:
(a) Title Review. As soon as reasonably possible, Sellers,
at their sole cost and expense, shall obtain from Title Compa-
ny a preliminary title report, and copies of all documents
referred to therein, and furnish same to Purchaser. Purchaser
shall have thirty (30) days after receipt of said preliminary
title report and documents in which to approve or disapprove
any defects in the title or any liens, encumbrances, coven-
ants, rights -of -way, easements or other outstanding rights
disclosed by the preliminary title report, except those mat-
ters set forth in Section 6. Disapproval shall be by written
notice given by Purchaser to Sellers setting forth the specif-
ic item or items disapproved by Purchaser. In the event of
disapproval by Purchaser of any item or items contained in or
disclosed by said preliminary title report, Sellers shall have
thirty (30) days after receipt of Purchaser's notice of disap-
proval to eliminate or make arrangements to eliminate at time
of closing any disapproved items from the policy of title
insurance to be issued in favor of Purchaser. In the event
any such disapproved item is not eliminated within such thirty
(30) day period, then this Agreement shall terminate unless
Purchaser shall have elected to waive its prior disapproval in
writing not less than five (5) days before the date of closing
of escrow. In the event of termination due to any such uncor-
rected defect in title, the Escrow Fund shall be returned to
Purchaser, and this Agreement shall terminate and be without
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. (agr /young.jt2)
any further force and effect, and without further obligation
of either party to the other.
(b) Feasibility Studies. Upon execution of this Agreement,
Purchaser, and its agents and subcontractors, are granted the
privilege of entering upon the Property for the purpose of
performing environmental audits, soil tests, engineering and
feasibility studies and such other studies of Building 1 as
identified on Exhibit A as Purchaser may deem necessary to
determine the suitability of the Property for the purpose for
which Purchaser desires to purchase the same. If the results
of such audits, tests or studies are unsatisfactory in Pur-
chaser's reasonable opinion, Purchaser may, at its option,
elect to terminate this Agreement by giving Sellers written
notice of election to terminate within forty -five (45) days
after the date of execution of this Agreement. In the event
of such termination by Purchaser, the Escrow Fund shall be
returned to Purchaser, and this Agreement shall terminate and
be without any further force and effect, and without further
obligation of either party to the other.
(c) Purchaser Approvals. The terms and conditions of this
transaction are subject to approval by the Yakima City Coun-
cil. Notice of approval or disapproval shall be given by
Purchaser to Sellers on or before May 30, 1990, and failure to
give such notice within said time period shall be deemed no-
tice of disapproval. In the event, within said time period,
the terms of this Agreement are not approved by the Yakima
City Council, this Agreement shall be deemed terminated forth-
with. In the event of such termination, the Escrow Fund shall
be returned to the Purchaser, and this Agreement shall termi-
nate and be without any further force and effect, and without
further obligation of either party to the other.
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(d) Statements Regarding Historic Use of Property. The terms
and conditions of this transaction are subject to the execu-
tion, on or before June 1, 1990, by Sellers, of a Statement
Regarding Historic Use substantially in the form attached
hereto as Exhibit D. In the event, within said time period,
the above- referenced statements are not executed, this Agree-
ment shall be deemed terminated unless Purchaser shall have
elected to waive this provision, which waiver will be made not
less than five (5) days before the date of closing of escrow
forthwith. In the event of such termination, the Escrow Fund
shall be returned to Purchaser, and this Agreement shall ter-
minate and be without any further force and effect, and with-
out further obligation of either party to the other.
Section 5. Escrow.
Upon execution of this Agreement by all parties, an escrow
account shall be opened with Title Company, and Purchaser shall
thereupon deposit with the Title Company the sum of Three Thousand
Three Hundred Fifty Dollars (S3,350.00), with instructions to Title
Company to hold the same in accordance with the provisions of this
Agreement. On or before the date of closing of escrow, Purchaser
shall deposit with Title Company the Purchase Price, less the Es-
crow Fund, and Sellers shall deposit therein the Statutory Warranty
Deed referred to in Section 6, and Exhibit B attached hereto and
incorporated herein by reference covering the improvements, fix-
tures, and personal property. Title Company shall be instructed
that when it is in a position to deliver to Sellers the Purchase
Price, and to issue an American Land Title Association standard
form of owner's or purchaser's policy of title insurance in the
full amount of the Purchase Price, insuring fee simple title to the
Property in Purchaser, subject only to the items set forth in Sec-
tion 6, Title Company shall:
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(1) deliver and record the Statutory Warranty Deed to
Purchaser;
(2) deliver Exhibit B to Purchaser;
(3) deliver to Sellers the Purchase Price; and
(4) issue and deliver to Purchaser the standard owner's
policy of title insurance.
At closing,
(a) Sellers shall pay the following:
(1) One -half of the escrow fee;
(2) The premium for the issuance of the standard owner's
policy of title insurance;
(3) Sellers' pro rata share of real estate taxes (wheth-
er general or special) assessed against the Property and due
and payable for the year of closing;
(4) The Washington State real estate excise tax, if any;
and
(5) The cost of the required state revenue stamps, if
any.
(b) Purchaser shall pay the following costs:
(1) One -half of the escrow fee;
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(2) The cost of recording the Statutory Warranty Deed;
and
(3) Purchaser's pro rata share of real estate taxes
(whether general or special) assessed against the Property and
due and payable for the year of closing.
Section 6. Title.
Upon closing of escrow as set forth in Section 5, title to the
Property shall be conveyed by Sellers to Purchaser by a duly exe-
cuted Statutory Warranty Deed and by Exhibit B, attached hereto and
hereby made a part hereof, Title to the realty shall be in fee and
insurable as free and clear of all liens, encumbrances, exceptions,
and reservations other than the following:
(1) Non- delinquent real property taxes (whether general
or special);
(2) Standard print exceptions in the title policy; and
(3) Items disclosed in the preliminary title report and
approved or waived by Purchaser as set forth in Section 4(a).
Section 7. Leases.
Sellers shall be solely responsible and obligated to evict all
tenants and terminate all leases now on the property prior to clos-
ing, and Sellers agree to indemnify, hold harmless and defend Pur-
chaser from all claims or actions brought as a result of said
eviction or termination of leases. If Sellers are unable to evict
all tenants and terminate all leases prior to closing Purchaser, at
its option, may elect to terminate this Agreement, and upon such
election this Agreement shall be terminated and be without further
- 7 -
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force and effect, and without further obligation of ether party to
the other. In the event of such termination, the Escrow Fund shall
be returned to the Purchaser.
Section 8. Closing; Possession.
Escrow for the Property shall close on or before the day nine-
ty (90) days after the Purchaser removes the environmental contin-
gency set forth in paragraph 4(b). Possession of the Property
shall pass to Purchaser on closing of escrow. Seller shall have up
to ninety (90) days after Purchaser removes the environmental con-
tingency from this Agreement to wind up its business, close this
transaction, and pass possession to Purchaser. Purchaser may renew
its environmental objection after the environmental contingency has
been removed if Seller introduces any new or additional contamina-
tions to the property after Purchaser has an environmental assess-
ment performed. In such case, Purchaser may at its option declare
this Agreement terminated, whereupon the Escrow Fund will be re-
turned to Purchaser, and this Agreement shall terminate and be
without any further force and effect, and without further obliga-
tion of either party to the other.
Section 9. Default; Liquidated Damages.
IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL
TO CLOSE AS SET FORTH IN SECTION 5 BECAUSE OF ANY DEFAULT OF PUR-
CHASER HEREUNDER, THE ESCROW FUND SHALL BE AND REMAIN THE PROPERTY
OF SELLERS AS SELLERS' SOLE REMEDY AND AS LIQUIDATED DAMAGES FOR
SUCH DEFAULT BY PURCHASER, AND THIS AGREEMENT SHALL BE WITHOUT ANY
FURTHER FORCE AND EFFECT, AND WITHOUT FURTHER OBLIGATION OF EITHER
PARTY TO THE OTHER. SELLERS' ACTUAL DAMAGES IN THE EVENT OF SUCH
DEFAULT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTAIN,
AND FURTHER, PURCHASER DESIRES TO LIMIT ITS LIABILITY TO SELLERS IN
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THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE
BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER.
Section 10. Notices.
Any notices required or desired to be given under this Agree-
ment shall be in writing and personally served, given by overnight
express delivery, or given by mail. Any notice given by mail shall
he sent, postage prepaid, by certified mail, return receipt re-
quested, addressed to the party to receive at the following address
or at such other address as the party may from time to time direct
in writing:
Sellers: Don J. and Lucile R. Young, husband and
wife, 34441 son J . Y __ . , ,, r C e4up. 4
P.O. Box 935
204 West Pine
Yakima, Washington 98907
Purchaser: Mr. R. A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, Washington 98901
Title Company: Fidelity Title Insurance
406 North 2nd Street
Yakima, Washington 98901
Personally served and express delivery notices shall be deemed to
he given upon receipt. Postal notices shall be deemed to be given
three (3) days after deposit with the United States Postal Service.
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( 2opies of all notices to Sellers or Purchaser shall be given to
Title Company, and copies of all notices to Title Company shall be
given to the other party to this Agreement.
Section 11. Assignment.
Purchaser shall not transfer or assign this Agreement, or any
interest therein, without the consent in writing of Sellers, and it
is agreed that any such transfer or assignment, whether voluntary,
by operation of law or otherwise, without such consent in writing,
shall be absolutely void and shall, at the option of Sellers, ter-
minate this Agreement.
Section 12. Waiver of Breach.
A waiver by either party hereto of a breach of this other
party hereto of any covenant or condition of this Agreement shall
not impair the right of the party not in default to avail itself of
any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement,
covenant or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed
as a waiver or relinquishment of any such agreement, covenant,
condition or right.
Section 13. Time of the Essence.
Time is of the essence of this Agreement.
Section 14. Law Governing.
This Agreement shall be governed in all respects by the laws
of the State of Washington.
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•
Section 15. Brokers, Representatives.
The negotiations relative to this Agreement and the trans-
actions contemplated hereby have been carried on by the parties
without the intervention of any person which would give rise to any
valid claim against either of the parties hereto for brokerage
commissions or other like payment. Sellers shall indemnify and
hold harmless Purchaser against and from any and all claims for
brokerage commission or other like payment arising out of the
transaction contemplated by this Agreement and occasioned by the
actions of Sellers. Sellers have been advised by Purchaser that
Sellers are encouraged to obtain their own attorney and/or other
representatives to advise them.
Section 16. Successors and Assigns.
Subject to the provisions of Section 10, this Agreement shall
be binding upon and inure to the benefit of the parties hereto,
their successors, and assigns.
Section 17. Risk of Loss.
If prior to closing of escrow, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty,
then this Agreement, at the option of Purchaser, shall terminate
and be without any further force and effect, and without further
obligation of either party to the other, and the Escrow Fund shall
be returned to Purchaser; provided, however, if Purchaser shall
elect to continue in writing not less than five (5) days before the
date of closing of escrow, all insurance proceeds, if any, shall be
payable to Purchaser.
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•
Section 18. Personal Property.
The improvements on the realty, and all attached floor cover-
ings, window screens, fixed doors, plumbing and bathroom fixtures,
lighting fixtures, fences, awnings, trees, plants, shrubbery, water
heating apparatus and fixtures, ventilating, cooling and heat sys-
tems, and all other fixtures that are now on the Property shall be
included in the sale except as otherwise provided herein at Exhibit
B.
Section 19. Special Provision.
(a) Sellers are not a foreign corporation and are not "for -
eign person" within the meaning of Section 1445(f)(3) of the Inter -
na]. Revenue Code of 1954, as amended, and withholding of Federal
Income Tax from the amount realized will not be made by Purchaser.
An Affidavit and Certification prepared in conformance with IRS
regulations under Section 1445 of the Internal Revenue Code is
attached as Exhibit C and shall be furnished by Sellers prior to
closing.
Section 20. Entire Agreement.
It is understood and agreed that all understandings and agree-
ments, whether written or oral, heretofore had between the parties
hereto are merged in this Agreement, which alone fully and com-
pletely expresses their agreement, that neither party is relying
upon any statement or representation not embodied in this Agree-
ment, made by the other, and that this Agreement may not be changed
except by an instrument in writing signed by both parties.
- 12 -
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first herein written.
[SELLERS]
DON J. YOUNG
Witnes :
7 d‘,
LUCILE R. YOUNG
Witness: /
AO '
ow—
/ /
[PURCHASER]
CITY OF YAKIMA, WASHINGTON
Witness: L
af/A4 -- F% a a2G2�d By _______ - c c
R. A. ais, Jr., Manager
Attest:
7 Clha - 0- GALL S e a l)
City Clerk
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■ \ \ ■ ` V - ■ . - ' 1 EXHIBIT A • Page 1 of 1
` �' - - o \ Sale to City of
\ bP t v� ~ Yakima outlined - • in yellow.
EXHIBIT B
AGREEMENT AS TO IMPROVEMENTS, FIXTURES AND OTHER PROPERTY
KNOWN ALL MEN BY THESE PRESENTS:
That DON J. and LUCILE R. YOUNG, husband and wife, whose ad-
dress is P.O. Box 935, Yakima, Washington 98907 (Sellers), for and
in consideration of the purchase price as set forth in the Purchase
and Sale Agreement, does hereby sell unto the CITY OF YAKIMA, WASH-
INGTON, a municipal corporation of the State of Washington, whose
address is 129 North Second Street, Yakima, Washington 98901 (Pur-
chaser), its successors and assigns, the following- described pro-
perty, to wit:
(A) A large commercial building of concrete block construc-
tion of approximately 18,024 square feet, which is iden-
tified as Building 1 on Exhibit A;
(B) All attached floor coverings, window screens, attached
doors, plumbing and bathroom fixtures, lighting fixtures,
heating and air conditioning fixtures, and all other
fixtures except trade fixtures as now in Building 1;
(C) The chain link fence and gates as now affixed;
(D) All concrete and asphalt paved surfaces to remain in at
least as good as condition as they are now;
(E) Buildings 2, 3, 4, and 5 as identified on Exhibit A if
not removed prior to closing, under the conditions set
forth herein;
that are now on the Property located at 204/206 West Pine, Yakima,
Washington, Parcel Nos. 191319 - 33405, 181324 - 44401, and 181324-
44402 and legally described as follows:
All of Lot 1 of Short Plat 84 -79, as recorded on April 20,
1984, under Auditor's File No. 2702480, in the records of
Yakima County, Washington.
AND
Lots 12, 13, 14, and 15, Block 235, LUND'S ADDITION TO NORTH
YAKIMA, NOW YAKIMA, WASHINGTON, as recorded in Volume "A" of
Plats, page 103. (Tax Parcel Nos. 181324 - 44401 -5 and 181324-
44402-03)
Page 1 of 3
(misc /exhibit.b2)
EXHIBIT B
Sellers hereby represent and warrant to Purchasers that Sell-
ers are the owners of said property, that said property is free and
clear of all liens, charges and encumbrances or will be at closing,
and that Sellers have full right, power, and authority to sell said
property and to make this Agreement.
Sellers may retain ownership of all trade fixtures and per-
sonal property on the premises unless otherwise specifically men-
tioned herein, including sellers equipment, paint booth and paint
equipment, sprinkler system in spray booth, storage racks in Build-
ing 1, and all of Sellers inventory.
Sellers shall be solely responsible and obligated at their
sole expense to remove all underground storage tanks on the proper-
ty, the Railroad car (caboose) which is now on the property, and
remove all paint, varnish, chemicals and other such items that pose
environmental concerns prior to closing.
Sellers shall be solely responsible and obligated to repair
all damage to Building 1 that occurs prior to closing to Purchas-
ers' satisfaction so that Building 1 is in at least as good as
condition as now exists.
Sellers may at their option remove Buildings 2, 3, 4, and 5 as
shown on Exhibit A prior to closing as long as any damage to Build-
ing 1, other fixtures, utility services, damage to concrete or
asphalt surfaces, or other damage is repaired by Sellers to Pur-
chasers' satisfaction so that the damaged areas are returned in at
least as good a condition as now exists.
Any and all improvements, fixtures, equipment, inventory and
any and all other property remaining on the Property after closing
that is required to be removed by Seller may be removed by Purchas-
er at Seller's expense, or kept by Purchaser as Purchasers' sole
property.
Any and all improvements, fixtures, equipment, inventory and
any and all other property left on the property after closing that
Seller may have removed but was not required to remove shall become
the sole property of Purchaser at closing.
IN WITNESS WHEREOF Sellers hay caused this instrument to be
executed as of the /G"f' day of 4G 1990.
DON J. YOUNG
Witne .
/
4
Page 2 of 3
• (misc /exhibit.b2)
EXHIBIT B
LUCILE R. YOUNG
Witnes_ :
_ ice. / �► ■.■
The foregoing instrument and each and all of the terms, provi-
sions, and conditions thereof are accepted by the undersigned this
day of , 1990.
Witness: CITY OF YAKIMA
By:
R. A. Zais, Jr. City Manager
Attest:
(Seal)
City Clerk
Page 3 of 3
. (misc /exhibit.b2)
EXHIBIT B
TRANSFEROR'S AFFIDAVIT AND CERTIFICATION
OF NON- FOREIGN STATUS
Furnished in Accordance with Section 1445 (f) (3)
of the Internal Revenue Code
I, DON J. YOUNG and LUCILE R. YOUNG, hereby certify the fol-
lowing:
1. We are not nonresident aliens for purposes of U.S. income
taxation;
2. We do not have a U.S. taxpayer identifying number.
3. Our address is P.O. Box 935, Yakima, Washington 98907.
We understand that this certification may be disclosed to the
Internal Revenue Service by the transferee and that any false
statement made here could be punished by find, imprisonment, or
both.
Under penalties of perjury, we declare that we have examined
this certification and to the best of our knowledge and belief it
is true, correct, and complete.
I. , i 2,
61-1-'
DON J. YO LUC LE R. YOUNG
Date: X ��O Date: ..f -- 1 0
STATE OF WASHINGTON )
:ss.
County of )
/7.A.;4L____. On this day personally appeared before me DON J. YOUNG and
LUCILE R. YOUNG, to me known to be the individuals described in and
who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
Given under my hand and official seal this /6 day of
r d-I. 1990. `
NOTARY PUBLIC i .- and for the Sate
of Washington, residing at
My commission expires: i. r f
Page 1 of 1
• (misc /exhibit.c2)
EXHIBIT C
STATEMENT OF DON J. YOUNG AND LUCILE R. YOUNG
REGARDING HISTORIC USE OF PROPERTY LOCATED AT
204/206 WEST PINE, YAKIMA, WASHINGTON
Comes now DON J. YOUNG and LUCILE R. YOUNG, husband and wife
and under oath state:
1. Our knowledge concerning the use of the above- referenced
property includes that: In the late sixties Billingsley
Orchard Supply bought box shook from Boise Cascade or the
old Cascade Lumber and made apple boxes, tomato flats,
lawn leaf baskets, etc.
They filed for bankruptcy around 1970. It was then that
Gene Shields purchased the buildings from the old West
Side National, leased the property from Union Pacific and
started Rainier Plastics. Their business consisted of
buying odd lot rolls of Polyethelene and heating into
pellets for Shields Bag Company.
In 1977 we purchased the buildings from Shields and in
1984 the land from Upland Industries and have maintained
through those years our current millwork and door opera-
tion.
2. I have no knowledge that any toxic or hazardous substance
has been improperly generated, treated, released, stored
or disposed of, or otherwise deposited in or on the
above- referenced Property, including, without limitation,
the surface waters and subsurface waters thereof; that I
have no knowledge that any underground storage tanks are
located on substances or conditions in or on the property
which may support a claim or cause of action under the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (The Superfund Act), the Model
Toxics Control Act (Initiative 97), the Carpenter -
Presley- Tanner Hazardous Substance Account Act, the Re-
source Conservation and Regulatory Act of 1976 (RCRA);
the Toxic Substance Control Act, or any other federal,
state or local environmental statute, regulation, ord-
nance or regulatory requirement; that I have no knowledge
of, and have not received notice from any governmental
Page 1 of 2
• (misc /exhibit.d)
EXHIBIT D
agency pertaining to the violation of any law or regula-
tion affecting the property; and have no knowledge of any
facts which might he the basis for such notice.
i
DON i '.UNG
LUCILE R. YyTG
SIGNED AND SWORN TO before me this /6 day of i 99
1990.
NOTARY PUBLIC in n:for. the S ate
of Washington, residing' at
My commission expires: 6;? •`1/
Page 2 of 2
• (misc /exhibit.d)
EXHIBIT D
•
STATEMENT OF DON J. YOUNG COMPANY, INC.
Comes now the DON J. YOUNG COMPANY, INC. and under oath
states:
1. The DON J. YOUNG COMPANY, INC. has no interest in the
real property improvements, appurtenances, fixtures, and
any other property subject to the Purchase and Sale
Agreement between Don J. and Lucile R. Young and the City
of Yakima.
2. The DON J. YOUNG COMPANY, INC. has no claim nor will make
no claim against the City of Yakima, its assigns or suc-
cessors in interest regarding the subject matter of the
Purchase and Sale Agreement between the parties or re-
garding the property transferred in said Agreement.
DATED this o‘ day of , 1990.
DON J. YOUNG COMPANY, INC.
0 2
By: c�u r e Lfr.." - �o
President
Witnes
L �7io `
0
Attest:
d (/l� (Seal)
Secretar,
Page 1 of 1
(misc /exhibit.e)
EXHIBIT E