HomeMy WebLinkAboutAgenda Packet 06/27/2005 pORTANGELEs AGENDA
- . CITY COUNCIL MEETING
W A S H I N G T O N, U. S.A. 321 EAST FIFTH STREET
June 27, 2005
SPECIAL MEETING - 10:00 a.m.
A. CALL TO ORDER - Special Meeting (10:00 a.m.)
ROLL CALL -
PLEDGE OF ALLEGIANCE -
B. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS (By Council, Staff or Public) AND
PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of the
public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutesd
C. FINANCE
1. Accept Bids - Western Urban Growth Area 1 1. Approve purchase
(WUGA) Utility materials purchase
(Information to be provided before meeting)
D. CONSENT AGENDA
1. Approve claim settlement 3 Approve Consent Agenda
E. CITY COUNCIL COMMITTEE REPORTS
F. OTHER CONSIDERATIONS
1. Accept offer: Real Estate Sale 1. Accept Offer
G. ADJOURNMENT
G:\CNCLPK2~AGENDA~2005~Spec Mtg 6-27-05 wpd
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legsl requirements pertaining to matters such as, land use permit applications, proposed
amendments to City land use regulations, zoning changes, annexations. In addition, the City Council may set a public hearing in order to receive
public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek
public opinion through the public hearing process.
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
June 27, 2005 Port Angeles City Council Meeting Page - I
pORTANGELES: . CITY COUNCIL SPECIAL MEETING
WASHINGTON, U.S.A.
June 27, 2005
I. CALL TO ORDER - REGULAR MEETING: ~
II. ROLL CALL:
Members Present:
Mayor Headrick
Councilmember Braun
Councilmember Erickson
Councilmember Munro
Councilmember Pittis
Councilmember Rogers
Councilmember Williams
Staff Present: Other Staff Present:
Manager Quinn
Attorney Bloor
Clerk Upton
G. Cutler
M. Madsen
D. McKeen
T. Riepe
Y. Ziomkowski
Ill. PLEDGE OF ALLEGIANCE:
Led by:
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: June 27, 2005
LOCATION: City Council Chambers
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: June 27, 2005
TO: CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works & Utilities
SUBJECT: Water and Wastewater Materials Purchase Contract 05-0lA
;ummary: The City is pre-purchasing Water and Wastewater utility materials that have long lead
times for delivery to avoid delays on the Western Urban Growth Area (WUGA) utility extension
project. The initial purchases for materials have been completed. This award will procure the long
lead items for the pump stations for the WUGA extension project.
Recommendation: Authorize the Public Works and Utilities Director 1) to purchase Water and
Wastewater Material items from the lowest responsible bidders for Purchase Contract 05-0lA
as follows: Items 1 thru 6 from Pump Tech Inc. of Bellevue in the total amount of $147,296.66
and Item 7 from Straits Electric of Port Angeles in the total amount of $18,531.39 including
applicable taxes, and 2) if the low bidder is unable to perform in a timely manner procure items
from the second low bidder.
Background/Analysis: The City is pre-purchasing Water and Wastewater utility materials that
have long lead times for delivery to avoid delays on the Western Urban Growth Area (WUGA)
utility extension project. The initial purchases for water, wastewater, and electrical materials
have been completed. This award will procure the long lead items for the pump stations for the
WUGA extension project. Port Angeles Hardwoods is developing a new mill in the Eclipse
Industrial Park, which is scheduled to begin operation November 1, 2005. The utilities need to be
in place and operational at that time.
Bids were opened on Friday, June 24, 2005. Only two bids were received. The bids were
reviewed and verified as shown on the attached table. Vendors were able to bid separately on the
items with the understanding that each item would be awarded separately to the low responsible
bidder.
It is recommended that Council approve the Public Works and Utilities Director 1) to purchase
Water and Wastewater Material items from the lowest responsible bidders for Purchase Contract
05-0lA as follows: Items 1 thru 6 from Pump Tech Inc. of Bellevue in the total amount of
$147,296.66 and Item 7 from Straits Electric of Port Angeles in the total amount of $18,531.39
including applicable taxes, and 2) if the low bidder is unable to perform in a timely manner
procure items from the second low bidder
1
N:\CCOUNCIL~FINAL\Water Material Bid 2-2005.doc
WASHINGTON, U.S.A.
I CITY COUNCIL MEMO
DATE: JUNE 27, 2005
To: CITY COUNCIL
FROM: BOB COONS, HUMAN RESOURCES MANAGER
SUBJECT: WATER DAMAGE REIMBURSEMENT
Summary: In January 2005, the City had a pressure reducing valve fail in a water main,
resulting in damage to several residences. A number of these claims have been paid and resolved.
This claim is the largest of ten claim filed on this incident. The clean up cost and property
damage for the Oliver claim needs to be reimbursed to the property owner in the amount of
$19,680.23.
Recommendation: Staff recommends the City Council approve the payment of $19,680.23 to
settle this damage claim.
Background / Analysis:
In January 2005, a water main pressure-reducing valve failed, resulting in water damage to the
Oliver residence on East 4th Street. The failure of the valve caused excessive water pressure into
the house, blowing out the water heater and flooding the basement with several inches of water.
The clean up cost, repair work, and replacement of damaged property resulted in a claim of
$19,680.23. This amount is very high because it was a fully finished basement including
bathroom facilities. The water restoration clean up cost was $4,048. The additional cost
($15,632) includes storage of furnishings while the repair work was being done, demolition and
construction, new carpeting and pad, wood paneling and baseboards, wallpaper, painting, and
disposal fees.
The City accepted responsibility for the claim and WCIA performed the insurance adjustment
services. Per City procedures, claims in excess of $15,000 require City Council approval. Staff
recommends that $19,680.23 be approved for payment to reimburse the Oliver's for the damage
to their property.
G:\MASTFORM\COUNCIL WPT
Last Revised: 6/29/99
4
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE: June 24, 2005
TO: CITY COUNCIL
FROM: Dennis C. Dickson, Sr. Assistant City Attorney
SUBJECT: Acceptance of Offer on Lots 2, 5, 6, 7 & 8 on Del Guzzi Drive
Summary: City Council previously authorized a listing agreement for Parcels 2, 5, 6.7 & 8 of
Survey recorded page 44, parcels of Del Guzzi properties. The City has received an offer pursuant
to that listing agreement.
Action: Ratify agreement.
Discussion: The City has received an offer to purchase the listed parcels. The Real Estate
Committee has reviewed the proposal for sale of Parcels 2, 5, 6, 7 & 8 and has recommended sale
on the terms and conditions offered. The Real Estate Committee directed Property Manager Mark
Madsen to accept the offer, subject to ratification by City Council.
The offer is for sale at $299,000.00, which is the full asking price on the property. The buyer does
intend to perform IRC Section 1031 Tax Deferred Exchange, and to conduct a feasibility study. The
feasibility study is to be conducted within 45 days of mutual acceptance of the agreement. The
closing is not to be earlier than September 1, 2005, nor later than September 6, 2005.
The sales commission rate is 10% on the first $100,000.00 and 5% thereafter. This is the same fee
arrangement as upon the prior sale.
Rer, pect fully submitted,
/
Senior Assistant City Attorney
DCD/rf
G:\LEGAL\Cotmcil.mem2.wpd
5
f
2 VACANT LAND PURCHASE and SALE AGREEMENT
3 THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY
4 (Please rtmd carefully befure signing)
5
6 June 8__ ,2005
7
8 AGENCY DISCLOSUI~: At the signing of this Agreement, the Selling Agent (insert name of selling agent)
9 ~ar¢ Thomsgn represented
10 [] Buyer, E~Seller, E~Both Parties, []Neither Party and the Listing.aq3ent (insert name of listing agent)
I f .C_huo~k TUrner represented [] Seller, E~ Both Parties. Buyer and
12 Seller both confirm that prior oral and/or written disclosure of agency was provided to each of them in this transaction. If Selling Agent and Listing
13 Agent are different licensees affiliated with the same broker, then both padJes consent to that broker acting as a dual agent. If Selling Agent and
14 Listing Agent are the same person representing both par~es, then bcth pa~es confirm their consent to that agent and his/her broker acting as a
15 dual agent. Both parties acknowledge receipt of a copy of the pamphlet entitled 'The Law of Real Estate Agency".
16 1. PARTIES. This VACANT ' LAND PURCHASE and SALE AGREEMENT ("Agreement'~ is made between
17 James W. Creelman as "Buyer",
18 and _ City of Port Anqeles as "Seller". Buyer agrees to purchase Seller's property
19 on the following terms and conditions:
20 2. PROPERTY. Common Address Lots 2,5,6~7 & B on Del_q~zz± Dr±ye
21 city: Pgrt Ancreles County: clallam State of Washington,
22 Zip:98362 (Tax Parcel Number) several tax parcel #'s,
23 LEGALDESCRIPTION:~=cels 2,5,6,7 & 8 survey vol 11, p~ 44, leqal attached as "e~hibit A"
24
25 [] If Legal Description is not attached at final acceptance of this Agreement, Suyer shall have three (3) business days after receiving the Legal
26 Description to approve the Legal Description as accurately reflecting the Property which lhe pardes intend to be the subject of this Agreement.
27 Failure to give written disapproval shall be deemed to be approval.
28 3. RIGHT TO FARM AND RIGHT TO PRACTICE FORESTRY DISCLOSURES (SNOHOMISH COUNTY ONLY). The Properly [] is, []is not
29 "designated farmland" or situated within 1,300 feet of "designated farmland" in Snohomish County, Washington. If it is, attach Snohomish
30 County "Right to Farm Disclosure Statement" or equivalent. The Property [] is, [] is net"designated forest land" or situated within 300 feet of
31 "designated forest land" in Snohomish County, Washington. If it is, attach Snohomish County "Right to Practice Forestry Disclosure Statement"
32 or equivalent.
33 4. PURCHASE PRICE/FINANCING. The Purchase Pdce is ~'wo [qu_nci=ed Ninetv-~ine ~housand _DOLLARS
34 ($299,000.00), payable as follows:
35 [] AIl cash at closing (not conditioned on Buyer obtaining a loan).
36 [] Proceeds of Buyer Financing (attach a Financing Addendum, Washington Association of REALTORS~ form A-2).
37 [] Other (attach a Method of Payment Addendum, Washington Associafion of REALTORS® form A-101).
38 Buyer Representation: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this Agreement, and is
39 not relying on any contingent source o1 funds unless otherwise set forth in this Agreement.
40 fi' EARNEST MONEY. ~'en ~l'housand
41 DOLLARS ($ 3_0,000.00 ). Selling Agent acknowledges receipt of Earnest Money from Buyer in the form of: [] a
42 check for $10,0~00.00 E]cash of $ , [] n et e fo r $ 0~0~0~0~0~0~0~0~09~Q 0 _, due as stated in the note (copy
43 attached), and/or [~ Other $ in the form of:
44 . These funds shall be deposited into the se/ling broker's tTuet account or
45 ~;lalla/n Tj.j~I.o Co~Qpany to be credited to Buyer at closing. Any checks shall be deposited by the close of the business
46 day following the day of mutual acceptance of this Agreement.
47 6. FEASIBILITY CONTINGENCY. This Agreement [] is, []is not confingent upon and subjeut to the Buyer obtaining at the [] Buyer's, [] Seller's
48 sole expense, a report(s) regarding the feasibility of purchasing the Property; which report shall be satisfactory to the Buyer, in the Buyer's sole
49 discretion. Buyer's inquiry should include contacting all state, county and city agencies as well as all water, sewer and other special districts in
50 which the property is located. The Buyer's feasibility study should also include, but shall not be limited to; (1) hazardous waste inspection; (2)
51 appraisal of the Property; (3) engineering and soil studies; (4) utili~ and zoning studies; (5) econemic feasibility of owning and operating the
52 property; (6) a survey of the Property; (7) w~ether there are any building moratoriums, special building requirements or environmental
53 restrtcfions; (8) whether there are any growth mitigation or other impact fees that must be paid; (9) the procedure and length of time necessary
54 to obtain approval for building permits for any changes to the improvements on the Property; and (10) other:
55 any ~Z~j~ e r s
56
57 Buyer shall conclusively be deemed to have waived/his Feasibility Contingency unless the Seller or Listing Agent receives written notice of Buyer's
58 intent fo terminate this Agreement within 4 5 days (thirty (30) days if not ~lled in) after mutual acceptance of this Agreement.
59
60 The Buyer or an authorized agent o/ the Buyer sh~ have the ~ght, at reasonable times, to enter upon the Properly for ~he purpose of conduclJng
61 this feasibility study; provided, that Buyer shall cause no liens to be recorded against the title to the Proper~ by Buyer or any of Buyer's agents,
62 contractors or invitees and Buyer agrees to indemnity and hold Seller harmless from any and all losses or damages which Seller may incur due
63 to Buyer's or Buyer's agents, conb'actors or invitees presence on the Property. If Buyer fails to waive or satisfy the feasibility study contingency
64 or this fransaction falls to c~ose due to a default by the Buyer, the Buyer [] shall, [] shall not immediately deliver to Seller copies of any studies
65 or inspections, appraisals or surv~s and any other information which either the Buyer or the Buyer's agents have obtained in connection with
66 the Buyer's feasibility study.
68 Buyer Initials/~.j-- Seller Initials
~9
V
Coldwell Breaker Uptown Rcalt
Phone: (360)4 ] %2782 Fmx: (360)452-8665 Marc Th6msen~ T4751598 ZFX
No 060805mt
70 7. 'CONVEYANCE OF TITLE. Conveyance of fee fitle shall be by ~] sta~to~j' warranty ~ed ~ o~
71 (sta~to~ ~an~ deed If not filled in). Buye~ and Seller undemtand ~at ~e form of the deed
73 ~ansfer of ~e vendee's interest under an existing rea~ es~te con~a~, Seller shall convey Sellers interest by an assignment of con,act and
74 deed sufficient in form to convey a~er acquired flue.
75 8. CLOSING. Closing shall be ~in ten (10) days a~er satisfaction or waiver of all confingend~ and "subject to's", but not eaHier than
76 ~~ , nor later ~an ~ , ~e latest of which shall be the termination date
77 of this Agreement. Closing shall mean ~e date on which all documen~ are recorded and ~e net sales p~oceeds are available for
78 disbursement to Seller. Buyer and Seller shall deposit, ~en notified and ~out delay, in escrow ~th the closing agent all ins~uments,
79 monies, and o~er documen~ reasonably required to complete ~e closing of the ~ansa~on in accordance ~ ~e terms of ~is ~reement.
80 9. PO~E~ION. Buyer shall ~ke physical possession of ~e Prope~:
82 ~ other (specie)
83 10. ESCROW/CLOSING COSTS. Closing shall occur at Clal l~ Title Co~an~ , ~o sha~l a~
85 Buyer and Se~er shat~ pay at closing at{ ~stoma~ and usual c~os~ng cos~ and fees, including bu{ not limited to ~e lo,Icing: Se~ter shall pay
86 ~e Sellers excise tax, ~e cost of ~e o~e{s s~ndard form of rifle insurance, recording fees, and Seller's half share of escrow fees (unless
87 Buyer eb~ins VA finaocing in ~ch case Seller sha~ pay ag escrow fees); Buyer shaft pay a~ cos~ and fees associated ~ ~e ~nan~ng,
88 recording fees, any o~er cos~ agreed to under ~ terms of thi~ Agreement, and Buyers half share of ~e escrow fees (unless prohibited by
89 government regulation). Taxes for ~e cu~ent year, ren~, interest, assoc~a~on or homeo~er's fees, If any, shall be pro-rated as of ~e date of
90 c~osing. ~cept as described in Paragraph 11(b) of ~is ~reement, al~ ufili~ charges shall be paid anWor pro-rated ou~ide escrow directly
91 be~en Buyer and Seller.
92 11. SELLER'S DISCLOSURE AND REPRESENTATIONS. If Buyer has any ~uesfions re~ard[ng the follo~ng, Buyer should make Buyer's offer
93 subject to relevant inspections and repo~s.
94 (a} Utilities: The prope~ is presently seined by s: ~ public ~ter main ~ private weti~ commu~ weJJ ~se~r mai~ ~ gas main
95 elec~c disE[bu~on line ~ irrigation water righ~ ~ telephone ~ cable
96 ~other .
98 of adequately se~ing ~e entre pmpe~ abu~ or adjoins ~e prope~ a~ some point. NO~THST~DING THE FOREGOING, it is ~e
99 BUYER'S RESPONSIBILITY TO VERIFY ~in days (10 days if not filled in), ~om ~e date of mural acceptance of ~is
100 Agreement, tha~ any utJg6es seeing ~e prope~ meet Buyer's needs. If ~e Buyer does not give notice to ~e con~a~ ~hin said
101 number of days, it shall be conclusively deemed ~at said utilities do meet Buye~s needs.
102 (bi Govemmen~l Utgffi~: Pursuant to RCW 60.80, Buyer and Seller ~ do request ~ do not request (if nei~er box is checked, ~en "do
103 mguest" applies.) ~e escrow/closing agent to administer ~e disbumement of closing ~nds necessa~ to safis~ unpaid utiti~ charges
104 affe~ng ~e Prope~. Seller represen~ ~at ~e Prope~ is se~ed by ~e folio~ng u~l~es operated by the s~te, count, ci~ or o~er
105 governmental agendas ~ich have lien righ~ against ~e Prope~. The pa~es au~orize the Listing Agent or ~e Selling Agent to insed,
106 over ~eir signa~res, ~e name and addresses of~e follo~ng ufiJi~ providem:
107 Name of Provider Address Name of Provider Address
108 ~Sewer~ ~-A. ~ Ele~ici~ C~
109
110 ~ Storm Water ~ ~ ~ Garbage CICA,
112 ~ Water ~ ~.A- ~ Irrigation
114 ~ Special Districts
115 (LiD's and ULID'~)
116 SelJer ~lt pay for all utilizes through ~e date of closing and keep all u~Jifies/se~ices presently connected un~ closing or occupancy by
117 ~e Buyer, ~ichever is sooner, except:
119 Shares in light and/or ~ter companies and associations, [f any, ~ wil~ not be included in the sale. if ~e Prope~ is sewed by
120 septic system, Seller ~ ~1[ ~ ~i~ not have ~e septic tank pumped prior to closing. If the Prope~ is se~ed by an individual private well,
121 Seller ~ wilJ~wJJJ not provide a basic water test (bacteriological test) of well water.~ll ~1[ not provide a quanfl~ test, and Seller ~11
123 Sewices standards. If Buyer wishes any additional ~pe of water test, Buyer should make such request in an addendum a~ached to this
124 Agreement.
~25 lc) Pmpe~ Maintenance: Selie[ wit[ perform ordina~ maintenance on ~e Prope~ as presently exists un~i ~e eadier of closing or as
127 (d) Boundaries/Square Foo~ge: Seller makes no representations regarding ~e Jocations or teng~ of the bounda~ lines or size of icl.
129 Prope~ based upon such personae inspection.
130
131
132
134 /
~35
156 Buyer Initials Seller I~ls
138
No. 0 60BOEmt: ~.
140 12. OTHER ITEMS. The following items are included at no additional cost:
141
142
143 The following items are not included:
144
145 Timber and/or other crops [] are [] are not inctuded in the sale.
146 t3. TITLE.
147 (al Ti'de Insurance to be issued by: i 1
148 Title Insurance provided at closing shall be ~JStandard Title Insurance [] Extended Title Insurance. (if no box is checked, Standard TiUe
~49 insurance shall be provided.) Seller w~ti pay the cost of Standard Tide Insurance. If Buyer requires Extended Title Insurar~ce, Buyer
150 agrees to pay all costs in excess of those charged for the standard form including, without limitation, increased premiums and survey
451 costs. If a survey is required, Buyer shal; order the survey within three (3) business days of receiving notice from the t/ge company that a
152 survey is required and Buyer shall pay the estimated cost of Eqe survey pdor to performance of any survey work or Buyer can waive
f 53 requirement for an ex'tended poficy and accept standard tide insurance.
154 (bi Title Insurance Commitment: Seller authorizes the [] Listing Agent or ~CIosing Agent, at Seller's expense, to apply for a preliminary
155 commitment ("Commitment'~ for an ALTA form Ov~er's policy of Title insurance ("Policy") as described in subparagraph (al above, with
156 into/ton protection endorsement, if ava/table at no additional charge, to be issued by the above itfle company. Seller shall pay title
157 insurance cancel[a/ton fees.
158 (c) Extended Title Insurance: Buyer acknowledges that the coverage afforded by a standard form policy of rifle insurance provides limited
159 or no coverage for loss by reason of conflicts in boundary lines, shortage in area, encroachments, or any other matters which an accurate
160 survey wouM disclose. More extensive coverage through an extended policy of thio insurance may be available for an additional charge
161 and subject to additional requirements imposed by the tide company including a survey.
162 (d) Title insurance Exceptions and Exclusions: The f/fie policy shall contain no exceptions to or exclusions from coverage ether than
163 those provided in the specified title policy form and those which are consistent with subparagraph (el below. If title cannot be made so
164 JnsuraMe by closing, and if Buyer does not e~ect to waive any excepgons to coverage which are not cor~sistent with this subparagraph
165 and subparagraph (el below, this Agreement shall terminate at Buyer's cpi/on.
166 (el Condition of Title: Unless otherwise specified in this Agreement, title to the Property at closing shall be free of alt encumbrances and
167 defects which interfere with Buyer's intended use of the Property. Prasenity recorded reservations, covenants, conditions and
168 restrictions, easements, and exisfing building or zoning regulations or resthcgons shal! not be considered encumbrances or defects
169 provided they do not interfere with Buyer's intended use of the Property. Buyer shall conclusively be deemed to have accepted the
170 contigen of title unless the Seller or Listing Agent receives wdtten nofice of Buyer's objections within . 7 business days (five (5)
171 business days if not filled in) a~er the Commitment for title insurance is made available to the Buyer. Encumbrances to be discharged by
172 Seller shall be paid from Seller's funds at closing.
173 (0 Mineral rights [] are J~arenotincluded.
174 14. ASSIGNMENT. Buyer may not assign Buyer's interest in this Agreement without Seller's prior wriiten consent,
175 15. DEFAULT/TERMINATION. If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from
176 the earnest n~oney deposit shall be deducted before the remaining earnest money is refunded to the Buyer or forfeited to Seller. If a dispute
177 should arise regarding the disbursement of any earnest money, the party holding the earnest money may interpiead the ~nds into court and
i78 that party shall recover all costs and attorney fees associated with the interpleader ac/ton from the earnest money before any other
179 disbursements are made. Fudhermore, if either Buyer or Sel~er defaults, the non-defauJfing party may seek specific performance or damages,
180 except that the Seller's remedy shall be limited as follows if the box below has been checked.
181 ~ In the event the Buyer ~i[s, without legal excuse, to complete the purchase of the prope~y, the earnest n~oney deposit made by the
182 Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure. Furthermore, if the earnest
183 money deposited exceeds five percent (5%) of the sale price, Set/er may retain as liquidated damages and as Setier's sofa remedy
184 earnest money equaling only five percent (5%) of the purchase price; any additional earnest money shall be refunded to Buyer. If the
185 earnest money is forfeited as liquidated damages, the money shall be divided fifty percent (50%) to Seller, twenty-five percent (25%) to
186 the listing broker, and twenty-five percent (25%) to the selling broker provided, however, that the amount paid to the real estate brokers
187 shall not exceed the agreed brokerage fee.
188 16. ATTORNEYS' FEES/COSTS ANB MEDIATION. If the Buyer, Seller, or any real estate licensee or broker involved in this transaction is
189 involved in any dispute relating to this transaction, any prevailing party shall recover reasonable affomeys' fees and costs Cncluding these for
190 appeals) which re/ate to the dispute. In the event of a dispute, it is recommended (but not required) that the par'des engage in mediafion in an
191 effort to resolve the dispute without the need for a lawsuit. The Washington Association of REALTORS® does offer a mediation service. For
192 information, call 1-800~280-4770.
193 17. FIRPTA COMPLIANCE. The Closing Agent is instructed to prepare a certification t~at the Seller is not a "foreign person" within the
8
No. 060805mt
211 20. PROFESSIONAL ADVICE. Buyer and Se~ler each acknowledge that it is advisable to have the terms and conditions of this Agreement
212 reviewed by independent legal counsel and/or a tax advisor, as the terms and conditions affect the parties' rights and may have tax
213 implications. Each party is specifically aware that issues such as form of deed used for conveyance, agency representation, financing
214 documents, liquidated damages, title insurance and se er representations are complicated and that the parties may require advice that a real
215 estate ~icense~ is not licensed to give and for which paYdes should contact their own attorney or accountant. Fur~ermore, Buyer and Seller
216 agree that: (a) they are not relying on any representations or advice by the real estate licensees involved in this transaction; and, (b) they have
217 satisfied themselves as to the terms and conditions of this sale.
218 21. GENERAL PROVISIONS.
219 (a) Notices: Un/ess othen,~ise specified in this Agreement, any notice required or given under the terms of this Agreement must be written.
220 Receipt of any notice shall be defined as the earlier off three (3) business days fo[lowing the postmark date; or the date the notice is
221 actually received by the pady or at the office of the Listing Agent for Seller and Selling Agent for Buyer regard/ess of the agency
222 relationships involved. For the purposes of this Agreement, receipt by the appropriate agent (as set forth above) of a copy of documents
223 related to this Agreement, shall constitute receipt by the party. Seller mast keep the Listing Agent advised of the Seller's whereabouts,
224 and Buyer must keep the Selling Agent advised of Buyer's whereabouts. The Listing Agent's responsibility to the Seller and the Setiing
225 Agent's responsibility to the Buyer for deliveW of notices is limited to caging the party and if the party is not available by phone, mailing
226 the notice to the party's last known address.
227 (b) Faxes and Counterparts: Facsimile transmission of any signed original document, and retransmission of any signed facsimile
228 transmission shall be the same as delivery of an original At the request of either party, or the closing agent, the pa~es will confirm
229 facsimile transmitted signatures by signing an odginal document. This Agreement may be signed in counterparts.
23,0 (¢) Integration: There are no verbal agreements or understandings which modify this Agreement. This Agreement constitutes the full
23t understanding between Buyer and Seller.
232 (d) Tirae is of the Essence: Time is of the essence as to all terms and conditions of this Agreement.
233 (e} Backup Offers: Buyer is aware that during the term of this Agreement, Salter may continue to market the Property and solicit and accept
234 backup offers.
235 (f) Venue/Applicable Law: This Agreement shall be interpreted and construed according to the laws of the State of Washington; venue
236 shall be in the county in which the Property is located.
237 (g) Survival: All terms of this Agreement, which are not satisfied or waived prior to closthg, shall survive closing. These terms shag include,
238 but not be limited to, representations and warranties, attorneys fees and costs, disclaimers, repairs, rents and utilities, etc.
239 22. ADDITIONAL TERMS AND CONDITIONS.
240 See =~,~ndu/r, #1
241
242
244 23. ADDENDAJATTACHMENTS. At the time of Buyers offer, the following addenda/aEachments are par of [his Agreement
245 AddendLlra #1 , Acreage Checklist Add. #2, "Exhibit A",
246 Buyer and Se~ler may only amend this Agreement by mutual written consent.
247 24. AGREEMENT TO PURCHASE. Buyer offers to purchase the Property on the above terms and conditions. Buyer hereby acknowied§es receipt
248 of a copy of this Agreement. Seller shall have until 5: O0 []a.mJ [] p.m., J~u3e 8 _, 2005 to accept this offer unless sooner
withdrpwn by delivering a signed copy to Buyer or Selling Agent's office. Acceptance shall not be effective until a signed copy hereof is actually
251249 receil¢ bY Buyer/°?/~t the °ffice °f the Selling Agent'--
25O
~ ~-~ t~'7~f//'~ 06/08/2005 Coldwell Banker Uptown Realty
252 -
253 B~/Y/E'R,S SiGNATURE~--'%--'L--' ~ -t~ Date Selling Broker (N~
255
258 BUYER'S SIGNATURE Date Selling Agent's Signatdre Date
257 Marc Thomson
258 (443) -7906147 (360) 452--7861 (360) 417-2782
259 Buyer's Phone (work)/(hnmr~) Selling Agent'~ Phone (workt home)
260
261 (360) 452-8665
262 Selling Agent's FAX Number
263
264 Lots 2~5,6,7 & B Delquzzi Drive Port Angeles, WA 98362
265 Buyer's Address (City, State, Zip)
266 25. SELLER'S AOCEPTANOE. Subject to Seller's counter offer or modifications, if any, Seller agrees to seli the Property on the terms and
287 condifi0ns specified herein. Upon Buyer's and Seller's mutual acceptance of terms, Seller confirms by signing this Purchase and Sale
268 Agreement that the Listing Agent has performed Agent's obligations to Setler by procuring a buyer, and has earned the compensation described
269 in the listing agreement referenced by MLS number218Z97 . Seller confirms that Broker(s) is entitled to collect Broker's
270 compensabon directfy from the escrow aC~,nt at closing from proceeds of the saJe. Seller acknowledges receipt of a copy of this Purchase and
271 Sale Agreement, signed by both parties. [~ Seller's Counter Qffer or modifications are made a part of this Agreement. Buyer shall have until
272 []a.m.! ~p.m., , unless sooner withdrawn within which to accept same.
273 Acceptance shall not be effective until a signed copy hereof is actually received by Seller or at the office of the Listing Broker.
274
275
277 ~LER'S SIGf~ATCIRE Date Listing Broker (Name)
278 ~ity of Port ~geles
2~j,~[C~f,~~ · Chuck Turner
No~ 060805mt
282 _City of Port Angeles (360}452-3333 (360)-4575932
283 (Seller's Name Pdnted) Listing Agent's Phone (work)/(home)
285 ~ ~ ' ~ ~ (360) 457-7365
286 Seller's Phone (work)/(home) Listing Agent's F~ Number
287
288
290 S~s Address _t ~ (Ci~, S~te, Zip)
292
293 Mo~gagee's Nsme Seller% Loan Number
294
295
296 Mo~gagee's Phone Number Mo~gagee's Address
297
298
299 There are _ addi~ona~ medgages on ~is prope~.
3OO
301 26. ~UYER'S RECEIPT, A ~ue copy of~e foregoing signed by Sef~er, is hereby received.
3O2
3O3
3O4
305 BUYER ~es W. C~ee[~ BUYER
3O6
307
308 Date Date
i ADDENDUM/AMENDMENT
2
3 Purchase and Sale Agreement No. 060S05mt
4 Addendum No. 81
5
6 THIS ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT ("Addendum") is entered into
7 this 8th dayof June__,2005 benveen Jmmes W. Creelman ("Buyer") and
g City of Port Angeles ("Seller") and modifies and
9 supplements that certain Purchase and sale Agreement between the Buyer and the Seller dated
10 June 8~ 2005 for property located at Lots 215t6t7 & 8 on Del~ruzzi Drive
11 ("Agreement").
12
I3 IT IS AGREED BETWEEN TR~ BUY'ER ANT) SF~LLER AS FOLLOWS:
14 l- It is the intent of the Buyer to perform an IRC Section 1031 tax deferred exchange
15 ~b¥ trading the property h~rein with ~ qualified ex~hanqe i~nterraediar~r~. Seller aqrees
I6 to execute an Assignment A~reement at the request of Buye~ at no additional cost or
]7 liability to Seller.
18
19 2- Purchaser & Seller a.qree that upon removal of the Feasibility Study, the ~!0,000.00
20 lten thousand dollars) earnest money will be distributed to the Seller.
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38 Note: This Addendum supersedes any conflicting terms in the Agreement, and all other terms of the Agreement
39 which have not been modified or superseded by this Addendum are ratified and shall remain in full force and effect.
40
41
47
49 DATE: ~-- ---- DATE: June 8, 2005
50
51 PREPAKED BY:
52
53 Marc Thomsen
COPYRIGHT WASHINGTON ASSOCIATION OF REALTORS® 11/99, Form A-4 Page 1 of 1
Coldwell Banker Uptown Real¢? 1 ] 15 E Front Street Pon Angeles WA 98362-1 ~
Phone: (360)417-2782 Fax: (360)452-8665 Marc Thoraset! T4751598,ZFX
Purchase Agreement ~_
Addendum #
ACE~GE CHECKLI~ ADDENDU~
TO VA~ ~D PURCH~E ~D SALE
~is addendum is enter~ into mis ~ day of, ~ ,200% ~n
m~iff6 o~upp~ ~at Pur~ a~ ~le ~r~ ~ ~n' ~e Pur~ and ~ 5eUer
~e ~r~ and ~[er ~r~ ~ f~lo~:
~t ~e It.s li~ ~ow ~y andl~ ~[I ~ c~i~ as a ~ of ~e Pur~ Fe~ibill~ 5t~y
ref~r~ to in ~e Pur~ a~ ~le ~r~t, Pase 1~ It~ 6.
1. Ex~ct Size of Property 26. En~iroameata[t)' Sensitive
2. Suw~ '27. D~i~e/~ E ~im~t
3. Co~ Ac~tety ~ 28. ~ Z~
4. Wat~ E ~-~ F~ 29. ~tdtife Habi~t
5. T~e E H~-~ F~ 30. I~gati~ ~t~
6. ~e ~ E H~-~ F~ 31. W~
7. ~d~nd Int~et A~i~biU~ '.3Z. ~re Prot~en
8. Well, q~[i~ ~ q~n~ 33. Ind~tHaI
9. Soi~ ~at~ls ~. Ai~ ~pr~ E T~ffic C~trot
10. S~c Tan~ ,~ 35. To~c W~e
11. Acc~s, ~aJ E ~ .. 36. ReJea~ C~
1~. ~en~, R~or~ E Unr~ord~ 37. ~er ~a[ Statist
13. C~ Road . . 38. ~ow Coition
14. Prot~ve Cov~an~ (CCER's) '~ . 3~. ~it~ E ~sin~ n~
15. Pr~T~ 40. Talk to Nei~h~
16. Vadq~,t~ d~i~Uon ~t~ . 4!. G~t~ni~t R~
17~t~ord~, De~i~/R~d~io~ 42.
.,l~;~l~dn8 43. Mi~l Ri~h~
~9.~Mgon, de~i~ or r~tfi~on M. No~ W~ Contro(
ZO: ~mber CJa~e 45. L~at E Acc~ntinB A~ce
21, Timer C~se ~. ~ Use Co~uttant
~, Biff Stabili~ T~ E Issu~ 47. B~tdin~ P~it
~3. ShoreUne ~t 48. ~:
24. ZonJ~ Issu~ ~ R~emen~
25, Pot~a[ ~nd U~ ~an~e
PUR ER: ,-SELLER:
Date Date
12
Acreage ched4ist 0912004
WED 10:37 FAX 360 452 8665 CB Uptown Realty-PA ~003/010~
' BankofAmerica "~ CASHIER'S CIt~,CK '~ cK.~ s$4ozoa$48
Purchaser:James Creelman VOID AFTER 90 DAYS ~ssuE D^T~qaril 22, 2~05
BankofAmerica '-~ CASItlER'S CItE, CK ~2~;% 5540105754
CK.#
Purchaser:James Creelman ¥O]]) AFTER 90 DAYS ~ssu~ D^r~une 07, 2005
I}'55hOl. OS?Sh.· J.'I.~SDDDO~L,~," ~,SR ~thOn' 5~i~
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