HomeMy WebLinkAbout02-77
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RESOLUTION NO. ;! - 77
A RESOLUTION of the City Council of the City of Port Angeles
amending Resolution No. 20-76 authorizing the purchase of
real and personal property located on the waterfront in the
City of Port Angele s from General Cons truction Company.
WHEREAS~ subsequent to the passage of Resolution No. 20-76 it was
learned by the City Manager that the City of Port Angeles holds an interest in
the real property abutting portions of that real property which General Construc-
tion Company proposes to sell to the City of Port Angeles, and
WHEREAS, in recognition of the interest of the City of Port Angeles in
said real property, General Construction Company has submitted a real estate
contract specifying a purchase price in an amount of Fift~enThousand Dollars
($15,000.00) less than that contemplated in Resolution No. 20-76, and
WHEREAS, the real estate contract submitted by General Construction
Company includes terms and conditions for payment and occupancy different than
those contemplated in Resolution No. 20-76, and
WHEREAS, the above mentioned real estate contract submitted by General
Construction Company embodying the purchase of real estate referred to in Reso-
lution No. 20-76 has been submitted to the Council and has been approved as
.10 form by the City Attorney and a copy of which real estate contract is attached
hereto and is by this reference incorporated herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Port Angeles as follows:
(1). Paragraph 1 of Resolution No. 20-76 prOViding:
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"The Mayor of the City of Port Angeles is hereby authorized
and directed to execute on behalf of the City the contract
with General Construction Company referred to above pro-
Viding the conditions as to the lease referred to above are
met, "
is hereby amended as follows:
I. The Mayor of the City of Port Angeles is hereby authorized and directed
to execute on behalf of the City the contract with General Construction Company
attached to Resolution No. .:t- 17
providing the conditions as to the lease
referred to above are met.
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(~~ Paragraph 2 of Resolution No. 20-76 providing:
"Upon the execution of said contract by the Mayor, the
City Treasurer of the City of Port Angeles is directed to
pay the down payment on said contract in the sum. of
$10 I 0 00.00 to General Construction Company I"
is hereby amended as follows:
2. At closing of said contract by the Mayor, the City Treasurer of the
City of Port Angeles is directed to pay the purchase price of One Hundred Forty
Thousand Dollars ($140,000.00) to General Construction Company.
(3~ Resolution No. 20-76 is hereby amended to include a third paragraph
immediately following the amended paragraph No.2, which third paragraph shall
prOVide:
3. General Construction Company shall have the right to continue using
its present offices and facilities rent-free for a period of six (6) months from date
of closing I or until the City has commenced demolition of improvements, which-
ever event first occurs. The Company shall be given thirty (30) days notice to
move from the property being purchased by the City under the terms of thi s con-
tract; and if the company does not move within this time, it will pay a reasonable
rent to the City for the time that it continues to occupy the premises.
PASSED by the City Council of the City of Port Angeles and approved by
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its Mayor at a regular meeting of the Council held on the C day of January,
1977 .
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MAYOR
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ATT-EST:
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APPROVED AS TO FORM:
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City Attorney
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afT 4 1976
REAL ESTATE CONTRACT
'THIS CONTRACT, made and entered into this
day of
september, 1976, between GENERAL CONSTRUCTION COMPANY, a Washing-
ton corporation, hereinafter called the "seller," and the CITY OF
PORT ANGELES, a municipal corporation, hereinafter called the
"pur"chaser," 1;HTNESSETH:
The seller agrees to sell to the purchaser and the pur-
chaser agrees to purchase from the seller the following described
real estate, with the appurtenances, in Clallam County, State of
Washington:
. Leasehold interest in the following described real
property:
The harbor area lying in front of Lots 9 and 10,
Block 1, West of Laurel Street, Port Angeles Tidelands
and bo~~ded by the inner and outer harbor lines, the
southeasterly line of Oak street and the southeasterly
line of said Lot 9, Block 1, produced across the harbor
are~ to the outer harbor line; also
That portion of the harbor area in front of Lots 1
and 2, Block 2, west of Laurel Street, Port Angeles
Tidelands, lying between the outer harbor line and a
line running North 660 41' West from a point on the
northwesterly line of Oak Street, said point also being
a point on the inner harbor line which is North 310 IS'
East 210.90 feet from the most easterly corner of said
Lot 1 and between the northwesterly line of said Oak
street and the northwesterly line of Lot 2, Block 2,
nroduced across the harbor area to the outer harbor line.
The above described harbor area is .as shown on the
Official Maps of said tidelands on file in the Office
of the Commissioner of Public Lands at Olympia, Washington.
TOGETHER with all improvements located on the above
described real property, including, but not limited to,
the dock and buildings.
The terms and conditions of this contract are as follows:
The purchase price is One Hundred Forty Thousand Dol10lrs
($140,000.00), plus any real estate excise or transfer tax
t~at may be payable in connection with this transaction, which
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shall be paid on or before the
day of Janua ry" 1977. I ote res t sha 11 ace rue on
unpaid balance due on this contract at the rate of nine percent
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(9%) per annum computed from the date of this contract.
il'~ie&--UnGel:'s,tana--t-ha-t.--the-pu~a6er-ow!ls-the-fo:l:-10\"'i-nq-
described real property .located within the City ~imits of -h~
of Port Angeles:
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Lots 1 through 4, Block 85,
Clallam County, Washington.
Port Angeles,
and the seller is
this property. If the
parties
it
for said property, the seller will buy
price to be paid therefore on the balance of
owing under the tcrmo of the pr~~8Rt contr~
The parties recognize that the real property coversd by this
contract is owned by the State of Washington and has been leased to
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the seller by lease dated November 2, 1961 for a t~rm of twenty (20)
years. This contract is contingent upon the purchaser obtaining the
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approval of the State.of Washington to the assignment of this lease
to the purchaser. 'In the event this assignment cannot be obtained,.
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this contract shall terminate and any mon~y paid by the purchaser
under the terms thereof shall be returned by the seller.
(1) The purchaser ass~c~ and agrees to pay before delin-
quency all taxes and assessments that may as between grantor and
grantee hereafter become a lien on said real estate. Taxes for the
year 1976 and insurance shall be prorated as of the .date of the'
taking of possession of said real property by the purchaser as
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hereinafter provided.
(2) The purchaser agrees, until the purchase price is fully
paid, to. keep the buildings now and hereafter placed on said real
estate insured to the actual, cash value 'thereof against loss or
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damage by both fire and windstorm in a company acceptable to the
seller and for the seller's benefit, .as its interest may appear,
and to pay all premiums therefor and to deliver copies of all
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policies and renewals thereof to the seller.
(3) The purchaser agrees that full inspection of said real
estate has been made and that neither the seller nor its assigns
shall be held to any covenant respecting the condition of any im-
provements thereon nor shall the purchaser'or seller or the assigns
of either be held to any covenant or agreement for alterations,
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improvements or repairs unless the covenant or agreement relied on
is contained herein or {s in writing and attached to and made a
part of this contract.
(4) The purchaser assumes all hazards of damage to or
destruction of any improvements now on said real estate or hereafter
placed thereon, and of the taking of said real estate or any part
thereof for public use; and agrees that no such damage, destruction
or taking shall constitute a failure of consideration. In case
any part of said real estate is taken for public use, the portion of
the condemnation award remaining after payment of reasonable ex-
~T.~
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penses of procuring the same shall be paid to the seller and applied
as payment on the purchase price herein unless the seller elects to
allow the purchaser to apply all or a por~ion of such condemnation
award to the rebuilding or restoration of any improvements damaged
by sUGh taking. In case of damage or destruction from a peril
insured against, the proceeds of such insurance remaining after
payment of the reasonable expense of procuring the same shall be
devoted to the restoration or rebuilding of such improvements
within a reasonable time, unless purchaser elects that said prcceed~
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shall be paid to the seller for application on the purchase price
herein.
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(5) The seller agrees to deliver ,within fifteen (IS) days
of the date of this contract a policy of title insurance covering
the leasehold interests of the seller in standard form, or a
commitment therefor, issued by a reputable title insurance company,
insuring the purchaser to the full amount of said purchase price
against loss or damage by reason of defect in the seller's title
to said leases as of the date of this contract and containing no
exceptions other than the printed general exceptions appearing
in said po'1icy form.
(6) The parties agree that this transaction shall be escrowed
with the Seattle First National Bank, port Angeles Branch, and the
seller agrees to execute and deliver to said escroW holder assign-
ments of the lease covered by this contract and a good and
sufficient bill of sale to the improvements on the real property
covered by said lease free of encumbrances except any that ffipy
attach after date of closing through any person other than the
seller, subject to the following: rights of way and easements of
record, if any.
(7) The company shall have the right to continue using its present
offices and facilities rent-free for a ~~;iod of six months from date of closing,
or unti1 the City has commenced. demolition of improvements, whichever event
first occurs. The Company shall be given thirty (30) days notice to mOve
from the property being purchased by the City under the terms of
this contract; and if the company does not move within this time,
it will pay a reasonable rent to the City for the time that it con-
tinues to occupy the premises.
is' not consummated, the
wi thin t
will va e premise& it is DOW
the time it is determined
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r~nr~' fnr ~ny Tim~ ~n~r ;r rom~;~c in rQ~hQ~~iQR a9YQRR 3~i3
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r~;rry (~O) A~y porinCL Upon the purchaser's receiving possession,
it shall be entitled to retain p~ssession so long as it is not in
default hereunder. The purchaser covenants to keep the buildings
and other improvements on said real estate in good repair and not
to permit waste and not to use, or permit the use of, the real
estate for any illegal purpose. The purchaser c~venants to pay
all service, installation or construction charges for water,
sewer/ electricity, garbage or other utility services furnished
to said real estate after the date purchaser is entitled to
possession.
(8) In case the purchaser fails to make any payment herein
provided or to maintain insurance, as herein ,required, the seller
may make such payment or effect such insurance, and any amounts so
paid by the seller, together with interest at the rate of 10% per
annum thereof from date of payment until repaid, shall be repayable
by purchaser on seller's demand, all without prejudice to any other
right the seller might have by reason of such default.
(9) Time is of the essence of this contract, and it is agreed
that in case the purchaser shall fail to comply with or perform any
condition or ag~eement hereof or to make any payment required here-
under promptly at the time and ~n the manner herein required, the
seller may elect to declare all the purchaserls rights hereunder
terminated, and upon his doing so, all payments made by the purchaser
hereunder and all improvements placed upon the real estate shall be
forfeited to the seller as liquidated damages, and the seller shall
have right to re-enter and take possession of the real estate; and
no wai~er by the seller of any default on the part of the purchassr
shall be construed as a waiver of any subsequent default.
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Service upon purchaser of all demands, notices or other papers
with respect to forfeiture and termination of purchaser's rights may
be made by United States Mail, postgage pre-paid, return receipt
requested, directed to the purchaser at its address last known to the
seller.
(10) Upon seller's election to bring_ suit to enforce any
covenant of this contract, includin~ suit to collect any payment
required hereunder, the purchaser agrees to pay a reasonable sum
as attorney's fees and all costs and expenses in connection with
such suit, which sums shall be included in any judgment or decree
entered in such suit.
If the seller shall bring suit- to procure an adjudication
of the terrnination.oi the purchaser's rights h~reunder, and judg-
ment is so entered, the purchaser agrees to pay a reasonable sum
as attorney's fees and all costs and expenses in connection with
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such suit, and also the reasonable cost of searching records to
determine the condition of title at the date such suit is commenced,
which sums shall be included in any judgment or decree entered in
such suit. If the purchaser is required to bring suit to enforce
any. of its rights under this contract and judgment is entered in
favor.of the purchaser, the seller agrees to pay a reasonable sum
as attorney's fees and.all costs and expenses in connection with
.such suit, and also the reasonable cost of searching records to
determine the condition of title at the date such suit is commenced,
which sums shall be included in any judgment or decree entered in
.. .,_ "',... such suit.
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-:. -~.; _ - GEN L ONSTR C, ,ION
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IN WITNESS WHEREOF, the parties
have executed this
hereto
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- City Clerk
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STATE .OF WASHINGTON )
County of c;( Wl] ~ 55
On this ~ day of ~.. '. __, . 19~. personally appeared
JOHN BEYER and WILLIAM HALLIN, to me known to be the President and
Secretary, respectively of GENERAL CONSTRUCTION COMPANY, the corpor-
ation that executed the foregoing instrument, arid acknowledged said
instrument to be the free and voluntary act and deed of said cor-
poration, for the uses and purposes t~erein mentioned, and on oath
stated that they were authorized to execute the said instrument and
that the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF~ I have hereunto set my hand and affixed
my official seal the day and year first above written.
J;_JP-LnI.c~~~
NOTARY PUBLIC in and for the State af
Washington, residing at ~€~
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STATE OF WASHINGTON )
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County of Clallam )
On thi s /d-. tt day of It~)UUIP~ f , 1977, personally appeared Carl eton
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~Olson, to me known to be the Mayor of the City of Port Angeles, the Municipal
Corporation that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said cooperation, for
the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute the said instrument and that the seal affixed is the
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corporate seal of The City of Port Angeles.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~fZ~~~_' (!J, fl'c{rt.c/!
NOTARY PUBLIC in and for the State of
Washington, residing at Port Angeles
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