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HomeMy WebLinkAbout2858 1 RESOLUTION NO 2 8 5 8 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE SEPARATE PURCHASE 4 AND SALE AGREEMENTS FOR TENANT IMPROVEMENTS WITH THOROUGHBRED 5 AUTO BODY AND SUNBREAK CAFE dba SECOND BITE SANDWICH SHOP, INC , BOTH LOCATED AT 309 "C" STREET S W DESIGNATED AS TAX 6 PARCEL NUMBER 395440-0005-07 , WASHINGTON STATE DEPARTMENT OF TRANSPORTATION NUMBER 1-15842 FOR THE STATE ROUTE 18 / "C" 7 STREET S W INTERCHANGE RAMP IMPROVEMENT PROJECT (PR529) 8 9 WHEREAS, the above described project is in accordance 10 with the six year Transportation Improvement Program (T I P) , 11 for 1997-2002 and the City Capital Facilities Plan (C F P ) ; 12 and 13 14 WHEREAS, tenant improvement acquisition funds for this 15 project are provided for by the Intermodal Surface 16 Transportation Efficiency Act (I S T E A ) and the 17 Transportation Improvement Board (T I B ) ; and 18 19 WHEREAS, the purchase of said tenant improvements is 20 necessary to complete the SR 18 / "C" Street SW ramp 21 improvement project and the associated Sante Fe/Burlington 22 Northern Railroad crossing, whether separated or at grade; and 23 WHEREAS, said Purchase and Sale Agreements are attached 24 25 hereto denominated as Exhibit "A" (Thoroughbred Auto Body) and 26 Resolution No 2858 June 20, 1997 Page 1 1 as Exhibit "B" (Sunbreak Cafe) identifying the respective 2 tenant improvements and compensation thereof; and 3 4 WHEREAS, Thoroughbred Auto Body and the Sunbreak Cafe, 5 dba Second Bite Sandwich Shop, Inc , are tenants of the real 6 property owned by Arthur L Kleppen, Jr and James L Conley 7 and Frances C Conley, designated as Tax Parcel Number 395440- 8 0005, see Exhibit "C" attached hereto; and 9 10 WHEREAS, through negotiations, Thoroughbred Auto Body 11 were offered and accepted $170 , 000 00 for tenant improvements 12 and Sunbreak Cafe were offered and accepted $175, 000 00 for 13 tenant improvements; and 14 WHEREAS, payment of said Purchase and Sale Agreements, 15 16 for tenant improvements, are authorized upon the City 17 acquiring possession and use of the real property designated 18 as Tax Parcel Number 395440-0005-07 owned by Arthur L 19 Kleppen, Jr and James L Conley and Frances C Conley; and 20 WHEREAS, the City Council authorized the acquisition of 21 22 the property rights by eminent domain of Tax Parcel Number 23 395440-0005-07 under Ordinance No 4978 , on June 16, 1997 ; and 24 25 26 Resolution No 2858 June 20, 1997 Page 2 1 WHEREAS, Thoroughbred Auto Body and the Sunbreak Cafe 2 will be eligible for re-establishment and moving expenses once 3 incurred, per the Uniform Relocation Assistance and Real 4 5 Property Acquisitions Policy Act ; and 6 WHEREAS, approval of this Resolution satisfies Item 4 as 7 set forth in said Purchase and Sale Agreements, binding the 8 City to all terms and obligations therein 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 10 11 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 12 RESOLVES THAT 13 Section 1. The Mayor of the City of Auburn is herewith 14 authorized to execute separate Purchase and Sale Agreements 15 for tenant improvements with Thoroughbred Auto Body and the 16 17 Sunbreak Cafe (dba Second Bite Sandwich Shop, Inc ) 18 Section 2 . The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directives of this legislation 21 22 23 24 25 26 Resolution No 2858 June 20, 1997 Page 3 1 DATED this 7th day of July, 1997 2 3 CITY OF AUBURN 4 5 atal425- Cc-Cki 7 CHARLES A BOOTH 8 MAYOR ATTEST 9 10 11 red 0d-W-1449,4ti 12 Robin Wohlhueter, City Clerk 13 14 15 APPROVED AS TO FORM 16 17 � 18 • 4 19 Michael J Reynolds, 20 City Attorney 21 22 23 24 25 26 Resolution No 2858 June 20, 1997 Page 4 PURCHASE AND SALES AGREEMENT City of Auburn Engineering/Property Acquisition 25 West Main Street Auburn, Washington 980014998 Owner/Seller TIN#91-1478664 BUYER Leonard Lassak & Allan F Thomason of DBA Thoroughbred Auto Body, Inc City esAuburn 309 "C" Street Southwest 25 West Main Street Auburn, Washington 98001 Auburn, WA 98001-4998 In the matter of the SR 18"C"Street Interchange Ramp Project-PR 529 Federal Aid Project P-STP-UL-TA96(07I) Parcel 1 5842 Tax Parcel Number 1-15842 39S440-0006.07 ML This agreement is made and entered into by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the"City" and Leonard Lassak and Allan Thomason, tenants in the above identified property, hereinafter referred to as "owners"doing business as Thoroughbred Auto Body Inc. The undersigned certify that they are the owners of the fixtures and improvement being acquired in connection with the above public works project Know all persons by these present that the Owner for and in consideration of the sum of$170,000,lawful money of the United States does hereby grant, bargain, sell and convey unto the City the following described improvements and fixtures, located at 309 "C" Street Southwest in the City of Auburn, County of King, State of Washington, to-wit: Wood frame paint spray booth 15 feet x 28 feet approximately'/ (2)"Commercial"plenum chambers including equipment associated therewith All Heavy plastic curtains throughout the property 15 ft X 30 ft metal clad,wood frame car wash shelter 6 ft X 10 ft wood frame shelter over an air compressor. 1 Exhibit A - Resolution No 2858 adopted July 7, 1997 15 HP air compressor, after cooler, 80 gallon air storage tank and(2)oil/air separators, All copper and other air piping in the building associated with the Body Shop All electrical service installed and owned by Thoroughbred Auto Body Inc. (2) Hydraulic car hoists Approximately 400 lineal ft of chain link fence&gates topped with barbed wire Security system both inside and outside of the building Floor pots used to anchor cables All fixed wood shelving, cabinets and benches All outdoor advertising signs and letters including a reader board All communication wiring associated with telephones,computers and LAN system 1 It is understood and agreed that ownership of the fixtures and improvements listed above will transfer to the City of Auburn upon receipt of payment by the City 2. It is further understood that the Owners are transferring the above described fixtures and im of all liens and encumbrances. provements free 3 It is understood that should the City decide to dispose of any of the above listed items u the Owners vacates the premises,the Owners,shall have a right of first refusal to purchase an be put up for sale. up the time that yitemputupbrto 4. Delivery of this Agreement is hereby tendered. HOWEVER,the terms and obligations shall not binding upon the City unless a`hd until a resolution authorizing.the purchase of said improvements and is authorized by the become Y City Council. fixtures Dated this �=day of ----x_,1997 Owner�i City of Auburn Leo. . • Lassak �s�>� "'City gtoeer ' // Allan F homaso `"'r/ 2 Exhibit A - Resolution No 2858 adopted July 7, 1997 PURCHASE AND SALES AGREEMENT - A City of Auburn "' >: :_t. Engineering/Property Acquisition 25 West Main Street Auburn, Washington 98001-4998 Owner/Seller State Tin 600-252-853 Federal Tin 91-1006640 BUYER Bruce and Jill Alverson City of Auburn DBA Second Bite Sandwich Shop Inc. (Sunbreak Cafe') 25 West Main Street 309 "C" Street Southwest Auburn WA 98001-4998 Auburn, Washington 98001 In the matter of the SR 18 "C" Street Interchange Ramp Project-PR 529 Federal Aid Project P-STP-UL-TA96(071) Parcel 1 :842 Tax Parcel Number 396.449 94359 01,. 4-15842 mn. 3T544o-000c-clink. This agreement is made and entered into by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City" and Bruce and Jill Alverson, tenants in the above identified property, hereinafter referred to as "owners" doing , business as "Second Bite Sandwich Shop Inc."AKA Sunbreak Cafe' The undersigned certify that they are the owners of the fixtures and improvements being acquired in connection with the above public works project. 1(, I7S 000 that the Own Know all persons by these presents ther for and in consideration of the sum of SZJ49,009;lawful money of the United States does hereby grant, bargain, sell and convey unto - the City the following described improvements and fixtures, located at 309 "C" Street Southwest in the City of Auburn, County of King, State of Washington, to-wit: 1 Exhibit B - Resolution No 2858 adopted July"`-7;'1997 FROULA SECURITY SYSTEM, ENGLANDER PELLET STOVE AND WROUGHT IRON HOOD AND NSTALLATION, GUARD RAILS AND PELLET RACK, , 4 BURNER GAS RANGE AND GRILL, APPROXIMATE 8 FT X 8FT WALK-IN FREEZER, HOBART DISHWASHER, DELI CASE, SINKS, WARMING WELLS, BUILT-IN SERVING COUNTER AND WORK STATION COUNTERS, BUILT IN CABINETS, ALL ELECTRICAL WIRING, WATER AND GAS PIPING FOR ALL PURPOSES RELATED TO THE RESTAURANT AND INSTALLED BY THE OWNERS, INTERIOR WALLS, INTERIOR FINISH TO WALLS INCLUDING BRICK FLOOR INSTALLED BY OWNER, READER BOARD AND SUN BREAK CAFE' SIGNS ON SIDE OF BUILDING. I It is understood and agreed that ownership of the fixtures and improvements listed above will transfer to the City of Auburn upon receipt of payment by the Owners. 2. It is further understood that the Owners are transferring the above described fixtures and improvements free of all liens and encumbrances. 3 It is understood that should the City decide to dispose of any of the above listed items up to the time that the Owners vacates the premises, the Owners. shall have a right of first refusal to purchase any item put up or to be put up for sale. 4. Delivery of this Agreement is hereby tendered. HOWEVER, the terms and obligations shall not become binding upon the City unless and until a resolution authorizing the purchase of said improvements and fixtures is authorized by the City Council. Dated this 5 day of - 1-24A—c— 1997 Own: ah. ^ City of Auburn Bruce Al��verddson i City Enginee Jill Alverson 2 Exhibit B - Resolution No 2858 adopted July 7, 1997 _. 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IFr�Cry{E'�i_ Itn■ r- 1 r ji C) o o"CC Lu F- CO Z CO 0 SMEleil V, 0 N. rplijectickr '''..1 F:ik" 0 0 N— (P,..1;?:”b ti . •:,;:ti; — # r#��y5u�a ? rte^ ? ? t� �' I a cill 1 I 1 «' aw ` r.ekii . r,�,. i s I a 0 U v I n 0'4 a ? °g I / z 0 o i ! o a :. 'sync 1 �.` .litre.°4.: I a -10 I x py- d 'Sri ( a a � � Y i .4 Y W CO a ,A CD N- if 0 • J Ar ArislA z al ■ CHARLES A.BOOTH,MAYOR ff'ii6 AUBURN CITY CLERK' Robin Wohlhueter,City Clerk Auburn 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy City Clerk City Clerk:(253)931-3039 Tame Bothell, Records/License Clerk Business Registration.(253)931-31k17 Fax:(253)288-3132 ashing�� STATE OF WASHINGTON) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2858 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2858." I certify that said Resolution No 2858 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 7th day of July, 1997 Witness my hand and the seal of the City of Auburn this 5th day of August, 1997 Robin Wohlhueter City Clerk City of Auburn