HomeMy WebLinkAbout4299RESOLUTION NO.4 2 9 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE
PURCHASE AND SALE AGREEMENT BETWEEN
AUBURN ON 1ST, LLC, AND THE CITY OF AUBURN
RELATING TO THE PURCHASE OF A CITY PARCEL
LOCATED AT 115 "A" STREET NW
WHEREAS, pursuant to the terms of a Purchase and Sale Agreement
("Agreement") between Auburn on 1st, LLC ("AOF"), and the City of Auburn,
AOF purchased from the City a parcel of land commonly know as 115 A Street
NW, located in the City of Auburn ("Property");and
WHEREAS, Section 14.1.1 of the Agreement requires AOF to construct
an office building on the Property or on the adjoining AOF-owned parcel within
twenty-four months of closing on the sale of the Property; and
WHEREAS, the City has requested, and AOF agreed, that the City
continue its current use of the Property as City parking to offset the temporary
loss of City parking on an adjoining city block due to on-going construction; and
WHEREAS, construction the office building is impracticable while City
uses the Property for City parking; and
WHEREAS, it is in the public interest for the parties to amend the
Agreement to extend the deadline for AOF to construct the office building.
Resolution No. 4299
January 14, 2008
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute Addendum No. 1 to the Purchase and Sale
Agreement Between Auburn on 1st, LLC, and the City of Auburn Relating to
Purchase of a City Parcel, which addendum shall be in substantial conformity
with the addendum a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation..
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this ~ day of ~ , 2008.
-._. _._.
eITY O~UB~JRN - - }
---~--~'
i' _ ..I
~~ ....._._... ~.~..~/'1
PETER B. LEWIS
MAYOR
Resolution No. 4299
January 14, 2008
Page 2 of 3
ATTEST:
i
Danielle E. Daskam, City Clerk
APP~OIVED PTO FO
el ~!I-I~idfCi#~/Attorney
Resolution No. 4299
January 14, 2008
Page 3 of 3
ADDENDUM NO. 1
ADDENDUM TO PURCHASE AND SALE AGREEMENT
BETWEEN AUBURN ON 1ST, LLC, AND THE CITY OF AUBURN
RELATING TO PURCHASE OF A CITY PARCEL
THIS ADDENDUM is made and entered into this `{~ day of January, 2008, by and
between AUBURN ON 1ST, LLC (hereinafter referred to as "AOF"), and the CITY OF
AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the
"CITY"), as an addendum to the Purchase and Sale Agreement ("Agreement") between the parties
executed on the 20th day of March 2006.
WITNESSETH:
WHEREAS, pursuant to the terms of the Agreement AOF purchased from the City a parcel
of land commonly know as 115 A Street NW, located in the City of Auburn, and fully described in
the Agreement ("Property"); and,
WHEREAS, Section 14.1.1 of the Agreement requires AOF to construct an office building
on the Property or on the adjoining AOF-owned parcel within twenty-four months of closing on the
sale of the Property; and,
WHEREAS, the City has requested, and AOF agreed, that the City continue its current use of
the Property as City parking to offset the temporary loss of City parking on an adjoining city block
due to on-going construction; and,
WHEREAS, construction the office building is impracticable while City uses the Property for
City parking,
NO W THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO SECTION 14.1.1: That Section 14.1.1 of the Agreement is
amended to read as follows:
14.1.1 AOF Covenants. AOF shall develop and construct the Office
Building at its sole cost and expense. AOF initially intends to use the Office
Building for operation of amedical-dental or other professional office building and
associated uses, but may develop and utilize the Office Building for any lawful use.
Page 1
The Office Building shall be not less than five thousand square feet (5,000 sf) in size;
it may be one or multiple stories in height and more than one Office Building maybe
constructed. The Office Building(s) maybe located anywhere on the AOF Property
or the City Parcel. The Office Building(s) shall comply with all applicable
governmental requirements and AOF shall obtain and pay for all applicable permits
and approvals therefor. AOF shall substantially complete construction and
occupancy of the Office Building on or before February 28, 2011, subject to
Permitted Delays. As used herein (and also as used in Section 14.3 below), the term
"Permitted Delays" shall mean and include any delays which are the result of: (i)
strikes lockouts or labor disputes; (ii) failure of power or other utilities; (iii) inability
to obtain labor or materials or reasonable substitutes therefor; (iv) war, acts of terror,
court order, condemnation, civil unrest, riot, fire or other casualty; (v) extreme or
unusual weather conditions, acts of God or unforeseen soil conditions; or (vi) other
matters outside the control of AOF, including but not limited to actions of the City.
ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
AUBURN ON 1st LLC
a Washington limited liability company
By: Oliphant Real Estate Services Inc
a Washington corporation
its Manager
CITY F Rhl _._. ~
__
~~
+ _.
By: -
eter B. Lewis, Mayor
----__
By: _
J r ph resident
Attest:
By: ,~ ~~~~ ~~~~--~
Danielle E. Daskam. City Clerk
Approve s to fo
By:
aniel B. , C A me
Page 2