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HomeMy WebLinkAboutR-1992-D6077 Lukehart Real Estate / Water Slide, Inc. / GMAARESOLUTION NO. A RESOLUTION authorizing execution of an Amendment of Real Estate Contract with Gary D. Lukehart and Mary M. Lukehart. WHEREAS, the City of Yakima and GMAA Water Slide, Inc. entered into a real estate contract on March 30, 1985 with regard to the purchase and sale of real estate in the vicinity of the proposed I-82/Fair Avenue Interchange Project area; and WHEREAS, GMAA Water Slide, Inc. assigned its purchaser's interest in that real estate contract to Gary D. Lukehart and Mary M. Lukehart, husband and wife, by purchaser's assignment of contract and deed, dated February 3, 1988; and WHEREAS, purchaser and seller desire to amend that real estate contract for the purpose of extending the final payment date and continue interest on the outstanding balance at a rate of 10% per annum; and WHEREAS, the amendment of that contract coordinates the logical development of the I-82/Fair Avenue Interchange Pro- ject and provides to the City of Yakima a continuing interest rate return in excess of the current market interest rate, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Amendment of Real Estate Contract with Gary D. Lukehart and Mary M. Lukehart. It is further resolved that the City Clerk is hereby authorized and directed that upon proper execution of the aforementioned contract by all parties, she shall file it with the County Auditor in the chain of title of the affected property. (res/i jv) ADOPTED BY THE CITY COUNCIL this 44114 day of March, 1992. calf- >4644v0 Mayor ATTEST: City Clerk (res/i82.jv) AMENDMENT OF REAL ESTATE CONTRACT DATE: PARTIES: RECITALS: February , 1992 Seller: CITY OF YAKIMMA, WASHINGTON, a municipal corporation Purchaser: GARY D. LUKEHART and MARY M. LUKEHART, husband and wife A. City of Yakima and GMAA Water Slide, Inc. entered into that certain Real Estate Contract dated March 30, 1985 with regard to the purchase and sale of real estate more particularly described in Exhibit A. B. GMAA Water Slide, Inc. assigned its purchaser's interest in said Real Estate Contract to Gary D. Lukehart and Mary M. Lukehart, husband and wife, by Purchaser's Assignment of Contract and Deed, dated February 3, 1988. C. Seller and Purchaser desire to amend said Real Estate Contract for the purpose of extending the final payment date and continue interest on the outstanding balance at the rate of ten percent (10%) per annum. D. The amendment of the contract coordinates the logical development of the I-82/Fair Avenue Interchange project and provides to the City of Yakima a continuing interest rate return in excess of current market values. It is in the best interest of the parties to extend such payment in accordance herewith. NOW, THEREFORE, PURCHASER AND SELLER AGREE AS FOLLOWS: 1. Amendment of Payment Schedule. The present outstanding principal and interest balance of Eighteen ThousandFourHundredEighty-Three AMENDMENT OF REAL ESTATE CONTRACT 1 jcc-c:\data\real\lukehart.a and 06/100 Dollars ($18,483.06), together with compounded interest at the rate of ten pereent (10%) per annum, shall be due on the earlier of the following: (a) March 30, 1994; or (b) the completion of the I- 82/Fair Avenue Interchange project. Purchaser shall pay, in full, said amount on such date. 2. Partial Fulfillment Deed. Seller agrees to execute a Partial Fulfillment Deed for those portions of the property subject to the Real Estate Contract as may be required for incorporation into the I-82/Fair Avenue Interchange project. In consideration for the issuance of the Partial Fulfillment Deed, Purchaser shall pay to Seller a sum equal to that proportion of the outstanding principal and interest balance, together with accrued compounded interest, as the square footage of the property released bears to the total square footage of property subject to the Real Estate Contract. Any remaining portion of the Real Estate Contract balance for which no Partial Fulfillment Deedhas been executed shall be payable in full as prescribed in preceding paragraph 1. (a) Notice of Partial Release. Purchaser shall advise Seller of the legal description of real property which is the subject of the Request for Partial Fulfillment Deed together with a computation of square footage and payment. Purchaser shall tender with such request the appropriate payment to be made in consideration of the transfer. (b) Partial FulfillmentDeed. Upon receipt of request and payment, Seller shall prepare a Partial Fulfillment Deed and deliver the same to Purchaser within twenty (20) days. (c) Dedication. Purchaser and Seller acknowledge that property to be conveyed hereunder is subject to agreements with regard to the dedication of rights-of-way in the I-82/Fair Avenue intersection project, and agree to cooperate in all regards with respect thereto. AMENDMENT OF REAL ESTATE CONTRACT 2 jcc-c:\data\real\lukehart.a 3. Effect of Amendment. Except as expressly amended herein, the remaining terms and conditions of that certain Real Estate Contract dated the 30th day of March, 1985 shall remain in full force and effect as if fully set forth herein. IN WITNESS WHEREOF the parties hereto have entered into this Amendment of Real Estate Contract as of the date first above written. Purchaser: Seller: STATE OF WASHINGTON ) County of Maki* a 3 ss. CITY OF YAKIMA, WASHINGTON By Title N pcmlo,>- { 6o77/f�^,�,bs 25- - I certify that I know or have satisfactory evidence that GARY D. LUKEHART and MARY M. LUKEHART, husband and wife, are the persons who appeared before me and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. AMENDMENT OF REAL ESTATE CONTRACT 3 jcc-c:\data\real\lukehart.a Dated this /7.4q day o6:4,2 STATE OF WASHINGTON ) ss. County of Yakima , 1992. IC in and for he State o residing a t expires 9-477-9V . vo�oSSION ���t N NOTARY PUBLIC 40 I certify that I know vim, : V actory evidence that P2,4 si`trument, on oath stated that he was authorized to execute - strument and acknowledged it as the C4,1 VIA0,0c_s.; .r of CITY OF YAKIMA, WASHINGTON, a municipal coiporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this a' 'L day of , 1992. NOTARY PUBLIC in and for the State of Washington, residing at YG�-i_ 1; My appointment expires AMENDMENT OF REAL ESTATE CONTRACT 4 jcc-c:\data\real\lukehart.a E FREDERICK VELILINJE JOHN S MOORE MORRIS G. SHORE GEORGE F. VELIKANJE C. JAMES LUST JAMES P. HVITON ALAN D. CAMPBELL AIIVCK F. RUSSET JAMES C. CARMODY LAW OFFICES OF VEIIKANJE, MOORE & SHORE INC, R S. 405 FAST LINCOLN AVENUE P. 0. BOX 02550 YAKIMA, WASHINGTON 98907 TELEPHONE (509) 248-6030 TELECOPIFR (509) 453-6880 March 19, 1992 Mr. John Vanek City of Yakima Attorneys 201 East Lincoln Suite 5 Yakima, Washington 98901 John Vanek Re: Lukehart - I-82/Fair Avenue Project Dear John: CARTER L FIELD RICHARD L JOHJ1SON 3LA1NE L m wm JOHN R H TiVH1NSON J. JAY CARROLL MARK E FRS DOUGLAS L FEDFz PIEL MATTHEW J. ANDFJOVN SARAH GEARY MMM R08W IL LBADONN (1916.1986) We represent Gary Lukehart with regard to the I-82/Fair Avenue project and GMAA Water Slide Purchase Agreement. We have worked over the past year or two with regard to the structure and participation in the I-82/Fair Avenue project. In this regard, Gary Lukehart has agreed to convey real property with a value of up to Six Hundred Thousand Dollars ($600,000) to the City of Yakima. Mr. Lukehart is also the assignee of interests in a Real Estate Contract between GMAA Water Slide and the City of Yakima. This contract relates to the acquisition of property, a portion of which lies within,the scope of the I-82 project. It is difficult at this time to specifically ascertain the exact properties to be included in the project. The Real Estate Contract provides for annual principal and interest payments. In order to coordinate the transfer of property and payment on the contract, Mr. Lukehart has requested that the Real Estate Contract be extended for a period of two (2) years. This extension has been set forth in an Amendment to the Real Estate Contract. The extension has been requested in order to coordinate the transfer of property under both the I-82 agreement and Real Estate Contract. In the absence of coordination, there will be multiple transfers and transactional costs. The Real Estate Contract would also be extended and bear interest at the current contract rate. This would provide the City of Mr. Johh Vanek March 19, 1992 Page 2 Yakima with a higher than market return as well as simplifying property dedication. We appreciate the City's consideration in this matter. If I can be of further assistance or answer any questions, please do not hesitate to call. Very truly yours, James C. Carmody JCC:ji cc: Mr. Gary Lukehart Via hand. delivery OFFER OF PURCHASE Yakima, Washington Received From Gmaa Water Slide Inc. January 29th 19 85 Five -Thousand Dollars and No/100 Dollars, $ 5,000.00 Herein Called Purchaser Check p evi usly deposited into in the form oflrust as earnest money tor purchase of the following described real estate situated in Yakima County, Wash (If the legal description is omitted, incomplete or inaccurate, Agent is authorized to write in, complete, correct, or attach hereto, at any time, the correct legal description of the property agreed to be sold) City of Yakima. Property located East of 10th Street and North of "B" Street, consisting of 3 Parcels, Numbers: 181318-43529, 44005, and 44007. Total purchase price is One Hundred Thirty Five Thousand Dollars and No/ 100 Dollars ($ 135, 000.), Payable as follows. See ADDENDUM TO PURCHASE AGREEMENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 1 Title of Seiler is to be free of encumbrances, but shall be subject to rights reserved in Federal Patents, state or railroad deeds, buildings or use restrictions general to the area, zoning regulations; utility easements of record, rights of way or easements shown on the plat or visible by inspection, and any future adjudication of surface water rights by any appropriate Federal and/or state proceeding, and further subject to. NONE Any other encumbrances may be removed or paid out of Seller's proceeds at .closing. 2. Seller shall obtain for Purchaser before closing a standard form policy of title insurance or preliminary report subject to the above encumbrances and the standard ex- ceptions in such policy or report; Agent is authorized to apply therefor Delivery of such policy or title report to agent shall constitute delivery to Purchaser If title is not in- surable as above provided and cannot be made insurable within 90 days from date of delivery of policy or report, earnest money shall be refunded and all rights of Purchaser terminated, provided Purchaser may waive defects and elect to purchase or may extend time for removal of defects. 3. If Seller complies with the terms of this agreement and Purchaser fails or refuses to complete the purchase, the earnest money shall be forfeited as liquidated damages unless Seller elects to enforce this agreement or seek actual damages. Agent shall not be responsible for delivery of title 4 If financing is required, Purchaser shall make immediate application therefor, sign necessary papers, pay required costs, and exert best efforts to procure such financ- ing Purchaser and Seller authorize Agent to select lending institution and arrange financing of this sale and to apply so much of the earnest money as may be necessary for loan costs, to be repaid by Purchaser when sale is closed Seller and Agent agree to refund earnest money (Less credit report fee and appraisal fee, if any) in event financing is not obtainable. If Purchaser is obtaining an FHA insured loan or a Veteran's Administration loan, it is expressly agreed that, notwithstanding any other provision hereof, the Purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise, unless the Purchaser has obtained (1) a written statement issued by the Federal Housing Commissioner setting forth the appraised value of the property (excluding closing costs) of not less than $ or (2) if the contract purchase price or cost exceeds the reasonable value of the property established by the Veteran's Ad- ministration, whichever is applicable Provided, if the loan is to be an HUD insured loan, the Purchaser shall, however, have the privilege and option of proceeding with the consummation of the contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing & Urban Development will insure..HUD does not warrant the value or condition of the property. The Purchaser should satisfy himself/herself that the price and condition of the property are acceptable If the Purchaser is a veteran, the Purchaser, shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veteran's Administration, provided the veteran pays in cash from his or her own resources a sum equal to the difference between the purchase price or cost of the property and its reasonable value as established by the Veteran's Administration 5 Unless mutually agreed otherwise, any deed, bill of sale, note, mortgage, lease, Purchaser's or Seller's assignment or exchange agreement shall be on forms as pro- vided by any title insurance company in Yakima County A contract shall be on the form issued by the Yakima Bindery & Printing Company designated Form No 1415 1/2. 6 Taxes, rent, interest, FHA mortgage insurance premiums, water and other utility charges constituting liens shall be prorated as of DATE OF CLOSING and the Purchaser shall reimburse Seller for mortgage reserves as of said date 7 Water rights and water stock thereunto belonging, air conditioning, heating equipment (both general and water), trees, shrubs, plants, linoleum and similar floor covering, wall-to-wall carpeting (but not rugs unless listed above), electric light fixtures, plumbing and bathroom fixtures, underground sprinkling systems, window and door screens, window blinds, venetian blinds, drapery or curtain rods, awnings now installed on or used in connection with the property, television and/or a radio aerial and leadins shall be included, except NO EXCEPTIONS 8 Seller shall deliver physical possession to Purchaser on the date of closing or days after day of closing, in which event Seller agrees to pay directly to Purchaser the sum of $ for each day of possession beyond -Possession shall be deemed given when Seller has vacated the premises and delivered keys to same to Purchaser or to Broker Said payment shall be the sole responsibility of Seller and collection shall be the sole responsibility of Purchaser 9 Purchaser offers to purchase the property on these terms in its present condition This agreement is subject to acceptance by Seller within TWELVE (12) days from date Purchaser agrees with agent not to withdraw this offer during said period or until earlier rejection by Seller Written notice of the acceptance hereof given to Agent shall be notice to Purchaser If Seller does not accept this agreement within the time specified, earnest money will be refunded to Purchaser 10. This sale shall be closed at Fidelity Title Company Any monies deposited with agent may be disbursed to the closing agent or mortgagee on request of said closing agent or mortgagee Purchaser and Seller agree to sign promptly when notified all papers necessary to close this transaction, and it transaction is to be closed other than at Agent's office, Pur- chaser and Seller agree to deposit with escrow agent all instruments and monies necessary to complete the purchase upon request. Purchaser and Seller shall each pay one- half of the customary charge made by escrow agent. Seller shall be responsible for delivery of water stock to the closing Agent. 11. This sale shall be closed on or before the 28th day of February 19 85 provided, however, this sale shall be closed after said date unless Seller or Purchaser gives written notice of termination atter said date and before closing to the other party and to Agent and escrow Agent. 12. Is this new construction? Yes ❑ No Y) If so, attach insulation disclosure information. 13. There are no verbal or other agreements which modify or alter this agreement. 14 In any action that may be brought upon this agreement the prevailing party shall Yakima County. 15. Time is of the essence hereof By Heritage Brokers, Inc. arrison I agree to the above sale and to the foregoing terms and conditions and agree to pay Agent ..• onable attorne 's fees and the venue of any such action shall lie in . it Gordon L. liolmquis urchaser Gmaa Water Slide -Inc. Secretary/TreasureY Marviu D. Morris PreS-t&eiL 16342 Fremont ik�ahase&. (206) 745-2342 Address Spa. tl1 P, WA 98 33 Phone No. Heritage Brokers, Inc. As Agent, a tee of $ Six Percent (6%) of the gross sales price for services. If Earnest money receipted for is forfeited, or a money settlement is made, I agree that said earnest money or money settlement shall be apportioned to the Agent and Owner equally but in no event shall the amount of money apportioned to the Agent exceed the amout-the fee Accepted this �v ''v-, day of , 19C Address 129 N. 2nd St.? Yaks: Wa Phone 5756040 A true copy of the foregoing agreement, signed by the Seller is hereby receipted for on City of Yakima 4 ' City --Manager Owner Owner 19 Purchaser Purchaser Distributed by MULTIPLE LISTING SERVICE — Yakima Board of Realtors APRIL, 1983 ADDENDUM TO PURCHASE AGREEMENT In reference to Agreement of Sale between Cmaa Water Slide Inc., the Purchaser and the City of Yakima, the Seller, dated January 29, 1985, covering the real property commonly known as: Parcel Numbers 181318-43529, -44005 and -44007, the undersigned Purchaser and Seller hereby agree to the following: A cash down payment of $45,000.00 including the earnest money above received, is to be paid at the time of closing. The balance of $90,000.00 shall be on an "Executory Land Contract" providing for annual payments of $18,486.90 or more at purchasers option, including interest, the first payment shall be due one year from date of closing and thereafter on or before the same day of each year for 7 consecutive years. The deferred balance shall bear interest at the rate of 10% per annum. This offer is subject to purchasers being able to construct and operate their business under the current zoning and their ability to obtain the necessary permits and approvals. This offer is subject to the city providing purchasers with a boundary survey of subject property with on site identification of property lines. This offer is further subject to purchasers successfully re -organizing their financing prior to February 10, 1985. Sellers would agree to close the sale within 10 days from receiving notice that this contingency has been removed. The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale. DATED: DATED: DATED: City Contract No. 85 712 Resolution is --598 50810 Purchaser Purchaser Seller Seller Al Ha risongem Heritage Brokers, Inc. /' i' /, i 2:l' n p✓ t! J RESOLUTION NO. D- 5 0 t 6 A RESOLUTION accepting an offer to purchase surplus real property owned by the City and authorizing the closing of the transaction. WHEREAS, the City owns real property in the vicinity of 10th Street and "B" Street in the City of Yakima for which property the City has no forseeable use and for which property an offer to pur- chase has been made to the City, a copy of which offer is attached, and WHEREAS, the City Council deems it to be in the best interests of the City that the offer be accepted by the City and the trans- action closed, accordingly, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima does hereby accept the Offer of Purchase for the City owned surplus real property referred to above, and the City Manager is hereby authorized to execute a land contract and otherwise do all things necessary to the closing of the trans- action by which the property will be sold by the City in accordance withthat offer. ADOPTED BY THE CITY COUNCIL this \C\ day of C:13(.20. 1985. 1985. ATTEST: CITY CLERK