HomeMy WebLinkAbout1996 - Purchase and Sale Agreement - McLees Gerald / McLees Donna - 96121903509612190350
4500 Block of South 134th Place
Vactor Waste site
MCLEES DISTRIBUTING PARCEL a
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REAL ESTATE PURCHASE AND SALE AGREEMENT
Tukwila, Washington o
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September 12, 1996 x
This contract controls the terms of sale of the property.
Read carefully before signing.
City of Tukwila "Purchaser hereby agrees to purchase, and the undersigned Seller agrees to sell, the
following real estate located at 4500 Block of South 134th Place, Tukwila, Washington, as shown as Exhibit
a
A, City of Tukwila, County of King, State of Washington, (The parties hereto hereby authorize Cushman
Wakefield of Washington, Inc. "Agent to insert the correct legal description of the above designated
property if unavailable at time of signing or to correct the legal description entered if erroneous or
incomplete.
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TERMS OF SALE:
1. Purchase Price Earnest Monev Denosit. The purchase price is $560,000.00, payable as follows:
C thirty thousand dollars and no /100ths ($30,000.00) as an Earnest Money Deposit "Deposit which sum is
l7 in the form of cash and which Deposit, together with Agreement, shall be held by Agent in trust for the
benefit of the parties hereto. The balance of the purchase price shall be payable in all cash at closing.
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2. Title Insurance. Seller shall furnish to Purchaser at Seller's expense that form of Purchaser's
Policy of Title Insurance as Purchaser may choose from the Title Insurer of Purchaser's choice. As soon as
reasonably possible following the opening of escrow, Purchaser shall be furnished with a Preliminary
Commitment for the issuance of such a policy of title insurance covering the subject property, together with
full copies of any Exceptions set forth therein. Title of Seller is to be free of all encumbrances or defects.
Encumbrances to be discharged by Seller may be paid out of the purchase money at date of closing.
Purchaser shall have twenty (20) days after receipt of said Preliminary Commitment within which to notify
Seller and Escrow in writing of Purchaser's disapproval of any Exceptions shown in said Preliminary
Commitment; provided, however, that rights reserved in federal patents or state deeds, building or use
restrictions general to the district (including but not limited to restrictions imposed by the Shoreline
Management Act or similar acts), existing easements not inconsistent with Purchaser's intended use, and
building or zoning regulations or provisions shall not be deemed Exceptions which Purchaser may
disapprove. In the event of disapproval of any Exceptions as set forth in the Preliminary Commitment,
Seller shall have until the date for closing of escrow within which to attempt to eliminate any disapproved
Exception(s) from the Policy of Title Insurance to be issued in favor of Purchaser and, if not eliminated, the
escrow shall be canceled unless Purchaser then elects to waive its prior disapproval. Failure of Purchaser to
disapprove any Exceptions within the aforementioned time limit shall be deemed an approval of said
Preliminary Commitment. Agent shall not be responsible for delivery of title.
Convevance of Title Pavment of Existing Contracts. Title shall be conveyed by Statutory Warranty
Deed free of encumbrances or defects except those noted in Paragraph 2.
Ci8[ T 'K' N10T R QUIRED
King n. �eWrda��won
Deputy
Purchase and Sale Agreement
September 12, 1996
Page 2
4. Prorations. Taxes, LID's for the current year, rents, insurance, interest, mortgage reserves, water,
oil, gas, and other utilities constituting liens as well as all other items of income and expense shall be
prorated as of date of closing.
5. Possession. Purchaser shall be entitled to possession on date of closing.
6. Condition of Pronerty- Zoning. Seller hereby warrants that to the best of his knowledge and that
he /she is unaware of any material defect in the premises thereon with the exception of the following, to wit:
the finding described in the environmental assessment report, produced by Shannon Wilson, Dated July
11, 1996.
7. Time for Accentance. Purchaser's offer is made subject to the acceptance of Seller on or before
twelve o'clock midnight on September 16, 1996. If Seller does not accept this Agreement without
modification within the time specified, this Agreement shall be null and the earnest money shall be
refunded to Purchaser on demand.
8. Closing. The sale shall be closed in the office of Transnation Title. Purchaser and Seller shall
place with the closing agent all instruments, documents and moneys necessary to complete the sale in
accordance with this Agreement. Escrow fees shall be paid one -half each by Seller and Purchaser. Both
parties agree to close the sale of the property as soon as possible.
9. Closing Date. For purposes of this Agreement, "date of closing" shall be construed as the date
!'rl upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement
to Seller. Funds held in reserve accounts pursuant to escrow instructions shall be deemed for purposes of
this definition as available for disbursement to Seller whether credited to his account or made payable in
cash.
10. Entire Agreement. This agreement supersedes any and all agreements between the parties hereto
regarding the subject property which are prior in time to this agreement. Neither Purchaser, Seller nor
Agent shall be bound by any understanding, agreement, promise, representation or stipulation, express or
implied, not specified herein, except for information or other material supplied to Agent by Purchaser or
Seller.
11. Addenda. Any addendum attached hereto and either signed or initialed by the parties shall be
deemed a part hereof.
12. Contingencies (See Exhibit B). In the event any contingency to this Agreement has not been
eliminated or satisfied within the time limits and pursuant to the provisions herein, this Agreement shall be
deemed null and void, the escrow shall be canceled, and the Deposit shall be returned to Purchaser less one
half the amount of any cancellation or escrow fees. Seller agrees to pay the other half.
13. Liauidated Damages. If title is insurable to the satisfaction of Purchaser in accordance with
Paragraph 2 above, and if all contingencies are satisfied or waived by the applicable party, and Purchaser
fails or refuses to complete this purchase, then because actual damages would be impractical and difficult to
GRD0796.882
Purchase and Sale Agreement
September 12, 1996
Page 3
ascertain, the Deposit shall be forfeited as liquidated damages and Purchaser shall pay any cancellation or
escrow fees. The parties agree that such forfeiture as damages shall be the sole and exclusive remedy of
Seller.
14. Legal Counsel. Seller and Buyer each covenant and warrant that they have been advised by
Cushman Wakefield of Washington, Inc., to obtain independent legal counsel before the execution of this
Agreement. By signature hereon, Seller and Purchaser hereby agree that this Agreement is in form and
substance satisfactory to their counsel or that they have waived their right to have the document reviewed
by independent counsel and agree to hold Cushman Wakefield of Washington, Inc., harmless from
liability as to the legal sufficiency, effect and tax consequence of this Agreement and attachments.
15. Time. Time is of the essence of this Agreement.
16. Aaencv Disclosure. At the signing of this Agreement, Cushman Wakefield represented the
City of Tukwila and Kidder, Mathews Segner represented the Seller. Each party signing this document
confirms that prior oral and/or written disclosure of agency was provided to him/her in this transaction.
17. Atttomev's Fees. The prevailing party in any action or proceeding between the parties hereto
relating to this transaction shall be entitled to all costs, expenses, and reasonable attorney's fees including
those waived at trial and on appeal.
18. improvements and Access to the Pronertv. Purchaser agrees to provide necessary frontal and
utility improvements to the subject property at their cost. Seller agrees to provide access easement to the
property at closing as shown in Exhibit C.
19. Notices. All written notices required to be given pursuant to the terms of the agreement shall be
delivered by hand or deposited in the United States mail certified, return receipt requested, postage prepaid
and addressed as follows:
GRD0796.882
Purchase and Sale Agreement
September 12, 1996
Page 4
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PURCHASER:
SELLER: (Husband Wife)
V�w a A*4,A 7
Joh W. Rants
Ma City of Tukwila
Gerald M. McLees
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Donna 1M. McLees
Address: 4&^,S S ri 3 Z All
A true copy of the foregoing Agreement, signed by the Seller, is hereby received on f// 7
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Purchaser U
GRD0796.882
CONSULT YOUR ATTORNEY
This document has been prepared for submission to your attorney for his/her review and approval
prior to your execution of same; no representation or recommendation is made by Cushman Wakefield of
Washington, Inc., or its agents or employees as to the legal sufficiency, legal effect or tax consequences of
this document, or the documents referred to herein, or the transaction relating thereto. These are questions
for your attorney with whom you should consult before signing this document.
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EXHIBIT "B"
ADDENDUM
Closing of Sale: The sale and closing of escrow shall occur no later than October 1, 1996.
Utility Easement: Purchaser shall grant to Seller a utility easement, including water, consistent with city
standards. The easement shall be designed by Purchase, subject to Seller's approval and
recorded within six (6) months of the close of escrow.
Construction of Reclamation Facilitv: Purchaser shall design the facility with the following criteria:
1) Settling vaults will not be located in the current location as depicted in site plan (Exhibit E).
2) The building will be located a minimum of 60 ft. from the S.E. corner of property line running
west along the southern border.
3) The buildings shall have acoustical sound proofing to minimize noise next to Seller's residence.
4) Purchaser shall provide a tree buffer between property and Seller's property. Tree line is not to
be more that 12 ft. in height.
Signage: The Purchaser agrees to allow for the placement of shared directional sign on the
property along the easternmost property line. Design of the sign shall be in accordance
with TMC 19.32.020.
This sale is contingent upon the following:
The sale of the subject property is contingent upon the Seller removing all storage tanks
and accomplishing clean -up of any associated contamination before closing, at their
expense.
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL B: Northwesterly 52.75 feet of southeasterly 145 feet of Lot 15, except the northeasterly
282.12 feet therefrom, of Fostoria Garden Tracts, according to the plat recorded in Volume 9 of Plats,
Page 95, records of King County, State of Washington.
PARCEL C: Northwesterly 127.25 feet of Lot 15, except the southwesterly 30 feet of the
northeasterly 282.12 feet therefrom, of Fostoria Garden Tracts, according to the plat recorded in Volume
9 of Plats, Page 95, records of King County, State of Washington.
Legal drawing of Parcel B and Parcel C, attached hereto.
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GRD0796.882
Vactor waste site
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