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HomeMy WebLinkAboutR-1995-019• • • RESOLUTION NO. R-95- 19 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a real estate Purchase and Sale Agreement with Antonio Adeline, Katherina Adeline, and Cleo Rumpakis, d/b/a Alpha Enterprises. WHEREAS, the City of Yakima has Urban Development Action Grant (UDAG) repayment funds available from the federal government that may be used for property acquisition within the Central Business District; and WHEREAS, Antonio Adeline, Katherina Adeline, and Cleo Rumpakis, d/b/a Alpha Enterprises desire to sell certain parcels located within the first block of North First Street between Yakima Avenue and "A" Street to the City; and WHEREAS, City Council finds that the acquisition of this property would be in the best interest of the citizens of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Purchase and Sale Agreement with Antonio Adeline, Katherina Adeline, and Cleo Rumpakis, d/b/a Alpha Enterprises, and the City Manager is further authorized to take all necessary and prudent actions to complete the purchase and acquisition of the property described in the attached Purchase and Sale Agreement, including, but not limited to, the procurement of professional services for necessary Phase I/Phase II Environmental Site Assessments within the limitations of existing budget authority ADOPTED BY THE CITY COUNCIL this 7th day of February , 1995 Qa.t Mayor ATTEST Acting ( ty Clerk lls)res/ndeline rp (16'4 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into this 24th day of January, 1995, by and between ANTONIO ADELINE, KATHERINA ADELINE and CLEO RUMPAKIS, d/b/a Alpha Enterprises, a general partnership (FIN #91- 1021802), (hereinafter referred to as "Sellers") and the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, whose address is 129 N. Second Street, Yakima, Washington 98901 (hereinafter 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 property in Yakima, Yakima County, Washington, legally described as follows: Attached as Exhibit A and graphically shown on the print marked Exhibit B, attached hereto and hereby made a part hereof, together with all of Sellers' right, title and interest in and to the buildings, improvements, appurtenances, and fixtures located thereon. The sale property and all improvements attached thereto (except those belonging to tenants) shall collectively be referred to as the "Property". It is understood that the sale and conveyance made pursuant to this Agreement shall be subject to any and all applicable federal, state, and local laws, orders, rules, and regulations. Section 2. Purchase Price. The purchase price for the Property to be paid by Purchaser to Sellers shall be the sum of Three Hundred and Forty Thousand Dollars ($340,000.00) ("Purchase Price"). The Purchase Price was computed based upon an appraised value of Three Hundred and Forty -Three Thousand Dollars ($343,000.00) less an estimated Phase I Environmental Assessment cost of Three Thousand Dollars ($3,000.00), for a net price of Three Hundred Forty Thousand Dollars ($340,000.00). Section 3. Payment of the Purchase Price. The Purchase Price shall be paid by Purchaser to Sellers as follows: (a) Within twenty (20) days of execution of this Agreement by both parties, the sum of Ten Thousand Dollars ($10,000.00), in cash or by City of Yakima Warrant, to be deposited with Fidelity Title Insurance Company, 406 North 2nd Street, Yakima, Washington 98901 ("Title Company") [the Ten Thousand Dollar ($10,000.00) deposit and accrued interest thereon shall hereafter be referred to as "Escrow Fund"]; and (b) At the time of closing of escrow, Purchaser shall pay to Sellers the balance of the Purchase Price in cash or by City of Yakima Warrant. Section 4. Conditions Precedent to Sale. This Agreement is subject to the following express conditions precedent, and Purchaser shall not be obligated to purchase the Property until all of the following ,conditions precedent are satisfied in the manner set forth below: (a) Clear Title. At or before time of closing, Sellers shall clear any and all defects in the title and all liens, encumbrances, covenants, rights of way, easements, or other outstanding rights disclosed by the preliminary title report, except those matters set forth in Section 6. (b) Satisfactory Environmental Audit and Feasibility Studies. Upon execution of this Agreement and with Sellers' consent (which consent shall not be unreasonably withheld), Purchaser, and its agents and subcontractors, are granted the privilege of entering upon the Property for the purpose of performing environmental audits, soil tests, asbestos tests, engineering and feasibility studies, and such other studies as Purchaser may deem necessary to determine the suitability of the Property for the purpose for which Purchaser desires to purchase the same. The results of such audits, tests, and studies must be determined to be satisfactory in Purchaser's opinion, and Purchaser shall provide Notice of Satisfaction of this condition within- thirty (30) days after t r& user to a leRgor peg iod uiereft trtuo•I skefreofpoRt of 414c p zrtioe., in writing, but in no event past March 15, 1995. Failure to give such notice within said time period shall be deemed to be nonsatisfaction. (c) Availability of City Funding. The terms and conditions of this transaction are subject to the availability of City of Yakima funding. Notice of Satisfaction of this condition shall be given by Purchaser to Sellers on or before March 10, 1995. In the event that any one of the foregoing conditions precedent is not satisfied in the manner set forth above, then 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. Section 5. Escrow. Within twenty (20) days of execution of this Agreement by all parties, an escrow account shall be opened with Fidelity Title Company, and Purchaser shall thereupon deposit with the Title Company the sum of Ten Thousand Dollars ($10,000.00), 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, Tess the Escrow Fund, and Sellers shall deposit therein a duly executed Statutory Warranty Deed for the 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 Section 6, Title Company shall: (1) deliver and record the Statutory Warranty Deed to Purchaser; (2) deliver to Sellers the Purchase Price; and (3) 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 (whether general or special) assessed against the Property and due and payable for the year of closing, including any LID or other assessments; (4) The Washington State real estate excise tax, if any; and (5) Commission payable to Almon Realty, Inc., as a result of the sale. (b) Purchaser shall pay the following costs: (1) One-half of the escrow fee; (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, including any LID or other special assessments. 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 executed Statutory Warranty Deed. Title to the realty shall be in fee simple and clear of all liens, encumbrances, exceptions, and reservations other than the following: (1) Non -delinquent real property taxes and assessments (whether general or special); (2) Rights reserved in federal patents or state deeds; (3) Building or use restrictions consistent with current zoning, other than government platting and subdivision requirements; (4) Utility easements; (5) Items disclosed in the preliminary title report and expressly approved in writing or waived in writing by Purchaser. Section 7. Sellers' Representations, Warranties, and Indemnities. (a) Definition of "Hazardous Substance." When used in this Agreement the term "hazardous substance" shall be defined to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic, or radioactive substance, or other similar term, by any federal, state, or local environmental statute, regulation, or ordinance now existing, including, but not limited to, the statutes listed below: (1) Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C., § 6901, et seq. (2) Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (3) Federal Clean Air Act, 42 U.S.C. § 7401-7626. (4) Federal Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U.S.C. § 1257 et seq. (5) Federal Insecticide, Fungicide, and Rodenticide Act, Fed. Pesticide Act of 1978 7 U.S.C. § 13 et seq. (6) Federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq. (7) Federal Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq. (8) Washington Clean Air Act, RCW Chapter 70.94. (9) Washington Solid Waste Management -Recovery and Recycling Act, RCW Chapter 70.95. (10) Washington Model Toxics Control Act, RCW Chapter 70.105D. (1 1) Washington Hazardous Waste Fees Act, RCW Chapter 70.105A. (12) Washington Nuclear Energy and Radiation Act, RCW Chapter 70.98. (13) Washington Radioactive Waste Storage and Transportation Act of 1980, RCW Chapter 70.99. (b) Representations and Warranties. Sellers represent and warrant to Purchaser that the following are true and correct as of the date of closing: (1) To the best of Sellers' knowledge, there are no hazardous substances present on or under the Property; and (2) Sellers have not caused or permitted any activities on the Property which directly or indirectly resulted in a release of hazardous substances on or under the Property; and (3) To the best of Sellers' knowledge, any hazardous substances that may have been released or present on or under the Property have been properly treated, cleaned up, removed, and disposed of in compliance with all federal, state, and local environmental statutes, regulations, and ordinances, including, but not limited to, the statutes listed in subsection (a) above, and (4) Sellers shall at all times retain any and all liabilities arising from the off-site handling, treatment, storage, transportation, or disposal of hazardous substances by Sellers. (c) Indemnities. Sellers shall protect, defend, indemnify, and hold Purchaser harmless from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Purchaser on or after transfer of the Property and arise directly or indirectly from or out of, relate to, or in any way are connected with (1) any breach of the representations or warranties contained herein, (2) any activities on the Property during Sellers' ownership, possession, or control of the Property which directly or indirectly result in the Property or any other property becoming contaminated with hazardous substances, and (3) the presence, discovery, or cleanup of any hazardous substances released or under the Property during Sellers' ownership, possession, or control of the Property. (d) Survive Closing. The foregoing representations, warranties, and indemnities shall survive the closing of this transaction. Section 8. Closing: Possession. Escrow for the Property shall close on or before the day thirty (30) days after satisfaction of the conditions precedent set forth in Section 4(b) and 4(c) above; provided, that in the event Purchaser agrees to assume Sellers' obligations as Lessor to the current periodic commercial tenant in that portion known as the Sports Tavern, Keith Allen, closing may occur su e �u to April 15, 1995, but no later than May 15, 1995. Purchaser shall have the right to take possession of the property on the date of closing. 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 PURCHASER 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 SELLER IN 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 Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notices given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: Sellers: Antonio Adeline c/o Bill Almon Almon Realty, Inc. 4112 Summitview Avenue Yakima, WA 98908 Katherina Adeline 5 Crest Circle Yakima, WA 98908 Cleo Rumpakis c/o Bill Almon Almon Realty, Inc. 4112 Summitview Avenue Yakima, WA 98908 Purchaser: Mr. R. A. Zais, Jr. City Manager City of Yakima 129 N. 2nd Street Yakima, WA 98901 Title Company: Fidelity Title Company 406 N. 2nd Street Yakima, WA 98901 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. Copies of all notices to Sellers or Purchaser shall be given to Fidelity Title Company, and copies of all notices to Fidelity 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, terminate this Agreement. Section 12. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of 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. Section 15. Successors and Assigns. Subject to the provisions of Section 11, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Section 16. Fixtures. The buildings, structures, and other improvements on the Property may, at Sellers' option, be removed from said Property prior to closing; provided, however, that Sellers shall clear, grade, and clean up said Property in accordance with all federal, state, and local laws and in conformance with accepted cleanup standards and all applicable standards of professional skill, competence, and care. Purchaser shail receive a credit for the fair market value of any buildings, structures, and other improvements removed by Sellers, which credit shall be applied to reduce the Purchase Price balance due at closing. In the event of such removal, Sellers shall cap off and seal all utility connections in conformance with all applicable standards of professional skill, competence, and care, including, but not limited to, the Uniform Building Code so that Purchaser will be able to readily use said utility connections. Section 17. Special Provision. Sellers represent that they are not a foreign corporation, 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 will be executed by Sellers. Section 18. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. Section 19. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any such action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Section 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which together will constitute a single agreement. PURCHASER CITY OF YAKIMA, WASHINGTON By: \,.�<� `\ R.A. Zais, Jr., City Manager Attest: as--kvi City Berk Witness: (Seal) 14 -- art CONTRACT NO. R -°S -i Sellers' acceptance: January 24, 1995. Sellers agree to sell the Property on the terms and conditions specified herein. Sellers acknowledge receipt of a copy of the Agreement, signed by all parties. ;K�I�, CST ezfez atherina Adeline,P artner Cleo Rumpakis, partner Antonio Adeline, partner Lots 13 through 19, Block 10, Town of North Yakima, now Yakima, Yakima County, Washington. Recorded in Volume "E" of Plats, Page 1, records of Yakima County, Washington. Yakima County Assessor Parcel Numbers: 191319-23403; 191319-23404; 191319-23405; 191319-23406; and 191319-23407. EXHIBIT A rr�Y��ti't�t LUL'i l 1'Y ASSESSOR'S PLikT r' Section 19 'O'r,- 61 'Ibwnsh ip 1 North,Range 19 �' i�: ....i.:;,-,......1.:_}.::::,..„•.,.......... b :J) .to I. ▪ V.. F� A6 I:illI : r .:1 ,:::f�. nr 1: a .j ,� 1 ` 1 1 xl J ':'r',�t ?:- 1 } ]'. as • }'V Ver..]j Scf '9i tB "` y its 8Ct1 �t C: rJO: .f rtr y-- a Al 'k „rr { { = 'l �a t --- - �5 V accuracy. as WO. - !� JI!k/_ - .j,1 J � �'~1NI- :1,r•r t•- q ]I.• � JT 1.,, �, k,/`` �45 `` 5 ik. 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S?k ..11-1-1------r;. .r_- r.t V t a. l11' xV „l t JLt3r44— 23I0 -N Bio it p, r `f t* � HiQ/ ..�'� 1 •,,, 4'.,'1 V tJ FEE -1E-1995 01:1 HUNT INGLON—TRI—CITIES Huntingdn February 16, 1995 Mr. Raymond L. Paolella City Attorney 424 Fact Yakima Avenue, Suite 100 Yakima, Washington 98901 Subject: Proposal for Phase I Number HND0072P.ENV P . tit? �Iun: mi Engineering & Environmental, Inc, 2214 North 4th Avenue Tri-Ciuns. Washington 99302 (509) 547-1671 Fax (509) 547-1673 Environmental Site Assessment, Huntingdon Proposal. Dear Mr. Paolella: At your request, Huntingdon Engineering and Environmental, Inc. (Huntingdon) is in the process of completing a Phase I Environmental Site Assessment (ESA) at a partially developed site in the Old North Yakima Historic District. The site is located in Block 10 and consists of Lots 13 through 19 (Parcels 23403, 23404, 23405, 23406, and 23407, Yakima County, Washington). The Phase I ESA is being conducted in general accordance with American Society for Testing and Materials (ASTM) Standard E1527-93. The scope of work for the Phase 1 ESA is designed to assess the potential for site contamination based on present and past site usage, by reviewing available data. The City of Yakima verbally authorized Huntingdon to proceed with the project for a lump sum of 51,950.00. Due to the nature of historic land .use within the site vicinity, it was decided to perform additional historic research on the site following our initial site visit on February 8, 1995. The research will consist of an expanded Polk directory study, as well as an attempt to acquire additional aerial photographs. Huntingdon proposal number H.N 0072P,ENV (proposal) outlines the scope of work for the Phase I ESA. As specified in the proposal and attached Huntingdon Authorization to Exceed Contract Budget (AECB, the total project cost will be $2,450.00, This final price includes both the verbal quote of $1,950.00 and the additional historic research quote of $500.00 given by Ms. Rachel Tauman (Huntingdon project manager). If you have any questions regarding the proposal and/or the AECB, please contact either Ms. Rachel Tauman in our Yakima office or Mr. Justin Bolles in Tri -Cites, Washington. We look forward to continue working with you on this project. Respectfully, Huntingdon Engineering and Environmental, Inc. "tin Bolles Geologist Enclosures: phase I ESA Proposal (2 count) Authorization to Exceed Contract Budget (2 count) Amc-cer cr it IT4T}TJ rr.:F a'cc-7,,t?5 FEE -1E-1995 01:14 HUNT IN GI;O —TPI—CITIES Huntingdon February 16, 1995 Mr. Raymond L. Paolella City Attorney 424 East Yakima Avenue, Suite 100 Yakima, Washington 98901 P . 0. Hunti,. .i Engineering Sc. Environmental, Inc. 2214 North 4th Avenue Tri -Cities, Washington 99302 (309) 547-1671 Fax t509) 547-1673 "EXHIBIT A F: B" HND0072P.ENV SECT_ Proposal for Phase I Environmental Site Assessment, Lots 13 Through 19, Block 10, City of Yakima, Parcels 23403, 23404, 23405, 23406, and 23407, Yakima County, Washington Dear Mr. Paolella: At. your request, Huntingdon Engineering and Environmental, Inc. (Huntingdon) is pleased to submit the following proposal to conduct a Phase 1 Environmental Site Assessment (ESA) for the properties cited above. We understand the site is partially developed and is a portion of the Old North Yakima Historic District. An approximate legal description for the site is the southwest quarter of the northwest quarter of section 19, township 13 north, range 19 east, Yakima, Washington. The proposed study will be conducted in accordance with American Society for Testing and Materials (ASTM) Standard E1527-93. This Phase I ESA will not include any inquiry with respect to radon, methane, asbestos containing materials (ACM), lead-based paint (LBP), lead in drinking water, formaldehyde, endangered species, wetlands, subsurface investigation activities or other services or potential conditions or features not specifically identified in this proposal . Scope of Work The scope of work for a Phase I ESA is designed to assess the potential for site contamination based on present and past site usage, by reviewing available data: If contamination is suspected, based on the information obtained in Phase I, the scope of work for a preliminary Phase II ESA will be developed. We propose the following scope of work to complete a Phase I ESA at the property. TASK 1. 0 We will review current lists compiled by the Washington State Department of Ecology and the U.S. Environmental Protection Agency to determine if the site has been investigated for inclusion into the Superfund Program or is known to be occupied by a business which generates, transports, treats, stores, or disposes of hs77rdous waste, or burns or blends waste oil. We will also contact the regulatory agencies and local fire authorities to determine if there are reports of hydrocarbon or ha77rdous materials spills, leaking underground storage tanks or registered underground storage tanks at the site. —trrr_ n' U`r I bIIHl gran a' camo2 1 Ef Ct FEL -1E-1995 01:15 HUNTINGDON -TRI -.ITI ES City of Yakima February 16, 1995 Page 2 TASK 2. H. U4 Huntingdon The history of the site will be reviewed to identify possible previous activities that might have led to the presence of hazardous materials on the property. This will be accomplished primarily by obtaining and examining aerial photographs of the site. Aerial photographs will also be reviewed to evaluate past land uses. We will also review historic records such as Polk's City Directories and Sanborn Fire Insurance Maps to discover past usage of the property. Persons using the site currently or living in the area may be interviewed to determine their knowledge of former and current activities at the site. We will also examine adjoining property visually and use aerial photographs to make a cursory assessment of current land use which might contribute to the presence of hazardous materials on or beneath the site. TASK 3. Visual observations of the site will be made to find surface evidence of possible releases of hazardous chemicals or petroleum products to the soil. We will also look for evidence of existing underground storage tanks and indicators of other environmental concerns. The various surrounding properties will be examined to establish what, if any, environmental problems might result, TASK 4. A report containing observations and conclusions relating to apparent environmental conditions at the site will be prepared. The report will include an opinion with regard to the presence of hazardous materials, or petroleum products in the subsurface soil and will define the limitations of the opinion. Huntingdon will not be able to represent that the site contains no hazardous material, petroleum products, or other latent conditions beyond that capable of detection using the methods outlined above. Should this Phase I investigation identify the need to perform subsurface investigation, you will be contacted prior to preparation of the Phase I report so that these investigations can be performed, if appropriate. Project Fee Our fee for the investigation and report outlined above will be $2,450. In determining this fee, the following assumptions have been made: • We have permission to access the property to perform the proposed field observations. • Please provide us with a title history of the site, if you require it, for inclusion into our report (title histories do not provide substantial information of the history of a site but can provide ownership records). A TI. -- =r t 1 i -i J = FEE -1t,-1995 01.15 HUNT INGI'ON-TFI-CITIES P. n5 7iuntingdon City of Yaldma February 16, 1995 Page 3 You should be aware that regulatory personnel are now requiring written requests for information, and are typically taking 2 to 4 weeks to respond. In the event we have not received agency responses in a timely fashion, we will publish our report and indicate the results of the agency inquiry in a separate letter. We expect to be able to provide you with final reports within 3 to 4 weeks of your authorization to proceed. The work will be performed under the terms and conditions of Huntingdon's existing professional services agreement with the City of Yakima. Thank you for the opportunity to submit this proposal. If you have any questions regarding the contents of this proposal, please contact us at your convenience. We look forward to working with you on this project. Respectfully submitted, Huntingdon Engineering and Environmental, Inc. 1 c2f[ i chef Tauman Project Manager RT/jb Proposal accepted in accordance with the terms and conditions herein. City of Yakima By Its Date n C" .. 2j17 �. �n� :.. oLerdr'aiii1If ;ouooftCm.an rI'.D 1U J WEU 1;.).4.) • I'IUELIII 111LE inn 11V. JUQC4OCU'-1O I UC APPLICATION FOR THE ISSUANCE OF A RECORDED DOCUMENT GUARANTEE Applicant. for the purpose of purchase. salt. lease or loan. is in the process of investigating the prior ownerships and uses trf the Subject Property. As only a component Of that investigation, Applicant hereby requests the Company to furnish Applicant with a Recorded Document Guarantee. which Guarantee will set forth and attach copies of the Designated Documents. The Guarantee is being provided to Applicant solely for thc purpose of facilitating any innocent landowner or purchaser defenses which may he available under the Comprehensive Environmental Response. Compensation and Liability Act of 1980. as amended. 11 is pro- vided for the sole use and benefit of Applicant and may not be used or retied upon by any other party 1. The following terms when used in thc Application and the Recorded Document Guarantee shall mean: a. Applicant — The party or parties which have executed this Application and which are shown as thc Assured in the Guarantee. b. CERCLA --- Comprehensive Environmental Response. Compensation and Liability Act of 1980, as amended. c. Company — The Title insurance Company identified below. d. Designated Documents -- Those documents specifically designated by Applicant in paragraph 3. and in paragraph 4 and which describe the Subject Property or any portion thereof and which are not Excluded Documents. e. Excluded Documents Any of the following: (i) Documents, including documents filed in state or federal courts, indexed in the Company's title plant records by name only. (ii) Documents reserving. conveying or leasing. or assignments thereof, an estate or interest in sand. gravel. timber. minerals. gas. oil. or other hydrocarbon substances. unless designated by Applicant in either paragraph 4c or para- graph 4f. (iii) Documents pertaining to water rights, claims or title to water. (iv) Documents not posted in the. Company's title plant, whether or not recorded or indexed outside or in the chain of title. (v) Financing statements under the Uniform Commercial Code, including continuations, assignments, releases and satisfactions thereof. (vi) Documents that are not recorded within the time period specified in paragraph 3 and that ar referenced or de- scribed in any Designated Document identified in the Guarantee. f. Guarantee -- Recorded Document Guarantee. g. Land Records — Those records in which under state statutes the Designated Documents must be recorded in order to impart constructive notice to purchasers of the Subject Property for value and without knowledge. h. Subject Property -•- The real property described in the Application. but not including any severed mineral estate as described in paragraph I e(ii), unless designated by Applicant in either paragraph 4e or paragraph 4f. 2. The Subject Property is described as follows: 3. Applicant hereby requests the Company to issue the Guarantee identifying only thc following Designated Documents which arc currently posted in the Company's tit! plant and which were recorded •in the Land Records from ca�•,�,rr /� / Oa through t des. 7cxn ✓` $2 410, ao tin y�' Imonlh, th. da,. �cnq 4. Designa ed Documents as defined in paragraph 1(d) above: :u. Deeds. including contracts for sale of real property and assignments thereof. b. _._ Leases and subleases and assignments thcteof. c Mortgages, deeds of trust or other monetary encumbrances. d. Environmental Protection Liens recorded pursuant to CERCLA. c. Documents pertaining to art estate or interest in sand, gravel. timber, minerals, gas. oil. or other hydrocarbon substances. f. All documents. F. 9841 VED 1:)x':4 - 5. Applicant specifically instructs thc Company to disclose in thc Guarantee only the Designated Documents indicated above. Applicant understands that during the course of searching thc records covered by the Guarantee the Company tut* find or have knowledge ofelocurnents of a type other than the Designated Documents requested by Applicant. Even if thc Cont tfy. knows or would have reason to know Applicant may have un interest in these other documents. 11/4pplicant imposes or responsibility on the Company to disclose those documents or their content to Applicant either through thc Guarantee or otherwise. 6, BY THE EXECUTION AND SUBMISSION OF THIS APPLICATION TO THE COMPANY. APPLICANT AC- KNOWLEDGES ANI) SUBMITS: a. That the Company's sok obligation under the Guarantee. and this Application. shall be to conduct a search in accord- ance with the terms and provisions of this application and to furnish copies of the Designated Documents to Applicant as a part of the Guarantee. The Company shall have no obligation to read. examine. or interpret the: Designated Docu- b. That the Company shall not be obligated under this Guarantee to pay any costs. attorneys' fees. or expenses incurrernents. in any action, proceeding. or other claim brought against Applicant. c. That the Guarantee is limited in scope and is not an abstract of title. title opinion. preliminary or title report or commit- ment to issue title insurance. d. That the Guarantee is not to he relied upon by Applicant or any other person as a representation of the status of title to the Subject Property. e. That Applicant shall have no right of action against the Company, whether or not based on negligence. except under the terms and provisions of, and subject to all limitations of this Application and the Guarantee. f. That the Guarantee is not valid and the Company shall have no liability thereunder unless this Application is attached thereto. g. That the Guarantee does nut assure that Applicant will be entitled to any innocent landowner or purchaser defenses which may be available under CERCLA. LIMITATION OF LIABILITY APPLICANT RECOGNIZES THAT IT IS EXTREMELY DIFFICULT. IF NOT IMPOSSIBLE. TO DETERMINE THE EX- TENT OF DAMAGES WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN THE GUARANTEE. APPLICANT RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITIES PURSU- ANT TO CERCLA. THEREFORE, APPLICANT UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PRO- CEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED GUARANTEE UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. APPLICANT AGREES WITH THE PROPRIETY OF THIS LIMITATION AND AGREES TO BE I3OUND BY ITS TERMS. • THIS LIMITATION I5 AS FOLLOWS: APPLICANT AGREES. AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS GUARANTEE. THAT THE COMPANY SHALL BE LIABLE TO APPLICANT UNDER THIS GUARANTEE ONLY IN THE EVENT THAT ENVIRONMENTAL HAZARDOUS WASTE OR TOXIC SUBSTANCE CLEAN-UP COSTS OR PENALTIES ARE ACTUALLY IMPOSED ON APPLICANT. OR AGAINST THE SUBJECT PROPERTY SOLELY BY REASON OF AN ERROR OR OMISSION BY THE COMPANY IN FAILING TO IDENTIFY AND ATTACH THE DESIGNATED DOCUMENTS TO THE GUARANTEE. WHICH ERROR OR OMISSION BY THE COMPANY HAS CAUSED APPLICANT TO FAIL TO COMPLY WITH THE REQUIREMENTS FOR DUE DILIGENCE INQUIRY OF PRIOR OWNERSHIPS CERCLA: AND Ti-IENNTHETIIABILITY SHALLON WITH THE NBEEA ONE-TIME NT h ER OR PURCHASER DEFENSES UNDERPAYMENT TO APPLICANT OF S 25 000.00 ACCORDINGLY APPLICANT REQUESTS THAT THE GUARANTEE BE ISSUED WITH THIS LIMITATION AS A PART OF THE CONSIDERATION THAT APPLICANT GIVES THE COMPANY TO PREPARE AND ISSUE THE GUAR- ANTEE. APPLICANT CERTIFIES THAT HE HAS READ AND UNDERS'1' NDS ALL OF THE TERMS, LIMITATIONS AND CONDITIONS OF THIS APPLICATION. Executed this S- day of L g Fe " r ca. j7 14 / ' forF! �e • Title Insurance Company. (This application must be signed by tate Applicant itself or an attorney at law representing the Applicant. Note: The Applicant's name. address and telephone n -- - r must be shown, even if Attorney for Applicant signs below,) APPLICANT: ATTORNEY FOR APPLICANT: fpnnir type \t or fpnnt or t) pc name a„J'.ani or 1a% finer MAILING ADDRESS: a,ticpt+,mcr MAILING ADDRESS: February 14, 1995 Mr. Ray Paolella City of Yakima 129 North Second Street Yakima, Washington 98901 IIND0070P.ENV RE: Proposal for Underground Storage Tank Site Decommissioning and Assessment, near First and A Street, Yakima, Washington Dear Mr. Paolella: At your request, we are pleased to submit the following proposal to perform limited environmental assessment services at the above referenced facility. The assessment will be conducted concurrently with the decommissioning and removal of one 400 gallon heating oil underground storage tanks (USTs). Scope of Services The purpose of this project is to assist responsible parties in complying with current Washington State Department of Ecology (WDOE) regulations and guidelines for the safe removal and decommissioning of USTs. All excavation, tank removal and disposal work will be performed a licensed UST firm or the City of Yakima. Huntingdon will perform an assessment from which we will evaluate the presence of petroleum hydrocarbons in the subsoil and/or groundwater using field observations and confirmational laboratory sampling. In order to make this evaluation, the following tasks will be completed: Task 1 Draw up and complete a Site Specific Health and Safety Plan that will be specific to the subject site and known hazardous materials. This document will outline safety procedures to be enforced during all sampling activities conducted on the subject site. Since this will be a working document, it will be subject to change as more site information becomes available. Task 2 Mobilize an environmental professional to the subject site with the appropriate equipment to perform the required site assessment. The environmental professional will be registered with the WDOE to perform environmental site assessments. The environmental professional will arrive at the site at the appropriate time as indicated by the excavation firm. Task 3 Inspect the removed USTs for signs of tank failure, petroleum leaks, and staining. Task 4 Monitor the excavated subsoil with a photoionization unit for detection of volatile 21.71 SEI 1 10- i Jl-NOI N I iHf iH t't : OE> SEES-t'T-: 2d City of Yakima February 14, 1995 Page 2 Task 5 Task 6 Task 7 organic constituents associated with petroleum fuels. Collect subsoil samples from the base of the tank excavations for field and laboratory analysis. Due to current Washington Industrial Safety and Health Administration guidelines, our representative will be unable to enter the excavation. Samples are obtained using the backhoe. Submit to our contracted Washington State approved laboratory the collected subsoil samples for selected analysis of total petroleum hydrocarbon identification (WTPH-HCID). Subsoil samples may also be submitted for total petroleum hydrocarbons as diesel, EPA method 8015 (WTPH-D). Prepare a written report summarizing the field activities performed and the findings of the environmental assessment. The report will also render our evaluation concerning petroleum hydrocarbon contamination at the subject site and provide recommendations for further subsurface investigations and/or remedial activities if warranted. Basis of Billing Billing will be based on actual accrued time and expenses. A budget estimate is attached detailing the anticipated expenditures associated with the outlined tasks. We expect the total project costs will be between S 1,500 and $ 2,500, and we will not exceed the upper limit without your authorization. You will be notified of any conditions that would require an increase in the budget estimate, such as additional testing requirements, or a shift in scope of work to include excavation remediation of contaminated soil, as soon as such becomes evident. Acceptance Two copies of our proposal are included. If you find this proposal acceptable and in accordance with our contractual agreement, please issue a task order as our formal authorization to proceed or sign the enclosed authorization to proceed. t -[1'd 5 I l 1D- I al -HO' 9N 11NfH Sb : 00 ';66T -17T -E3 City of Yakima February 14, 1995 Page 3 Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Respectfully Submitted, HUNTINGDON, INC. Paul Danielson R.G. Staff Geologist C Rachel Tauman Division Manager 1. Enclosures: Budget Estimate, authorization to proceed PED/pd. sn ' d SEI 1 I D- I ± -N000N I 1NnH Sb : OO SEE Z -t T-eEd BUDGET ESTIMATE UNDERGROUND STORAGE TANK SITE ASSESSMENT FOR CITY OF YAKIMA YAKIMA, WASHINGTON ESTIMATED UNIT ESTIMATED QUANTITY PRICE TOTAL FIELD ACTIVITIES Staff Engineer/Geologist, per hour 10 50.00 500.00 SUBTOTAL 500.00 EQUIPMENT AND MATERIALS PID, per day 1 75.00 75.00 Mobilization, per milt 160 0.35 56.00 SUBTOTAL 131.00 LABORATORYANALYSIS AND TESTING` TPH-D. per sample 4 85.00 340,00 TPH-HCID, per sample l 95.00 95.00 Shipping 1 (Cost + 1.5%) 100.00 SUBTOTAL 535.00 DATA ANALYSIS AND REPORT PREPARATION Staff Engineer/Geologist, per hour 10 50.00 500.00 Assistant Project Engineer, per hour 3 64.00 192.00 Sr. Project Manager, per hour 1 84.00 84.00 Draftsman, per hour 3 38.00 114.00 Report Compilation 1 Lurnp Sum 200.00 SUBTOTAL 1090.00 TOTALESTIMATEDCOST $ 2,258,50 If groundwater contact is made, additional testing will be required. tf petroleum contaminated soil is encountered, additional soil samples will be required for the excavation. 90'd S�I1I�-I�l-NOG NI±H IH 9t7:00 S6bT-tT-EEd LO ' d lUlo.l AUTHORIZATION TO PROCEED The undersigned does hereby authorize Huntingdon Engineering & Environmental, Inc. (hereinafter referred to as "Huntingdon") to perform services as described (a) in Huntingdon's proposal dated F brumor , ` Y/ /7,5—. , (34 as verbg.31y eommuniaated by , or (-0) se toblowsa ., l I_.. . Propz ,SG1 ! t't `.)AcieG` K4 Ine /,✓�' Tan ir S,le A. he4`` Ffrs- I ,9i1 of V.L the property known as /ex - - - )7/ 3© � -Z,�` 3 -Z r,. 23,g- . The undersigned agrees and understands that Huntingdon cannot release information, data, or reports on the subject property without first receiving an executed, signed contract from the undersigned. Evizi l f? c&J t /- Casfs 4,4/ ew-co.,/ ' Z, ,S -c: o. o o The undersigned further agrees to pay Huntingdon for said services in accordance with Huntingdon's standard terms and conditions. 7 day of Fe 4/, 9 r 19 95—. Authorized and executed this Authorized ignature Ty - Name Title LB'd S� I 1 I J- I J1-NCIQ�JN I 1NI�H 9P:00 96-PZ-SEd CBD Property S Proposed Purchase 0 City Council Feb, 7, 1995 B-1 Professional Busines B-2 Local Business CBD Central Business District CBDS CBD Support HB Historical Business LCC Large Convenience Center M-1 Light Industrial M-2 Heavy Industrial R-1 Single -Family Residential R-2 Two -Family Residential EZI R-3 Multi -Family Residential SCC Small Convenience Center SR Suburban Residential I I Scale - 1 : 225 0 112.5 CBD. PURCHASE 225 City of Yakima, Washington February 01, 1995 CBD Property