HomeMy WebLinkAbout4349RESOLUTION NO. 4 3 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
LEE AND/OR HOWARD FIELDS FOR REAL PROPERTY
WHEREAS, Lee and/or Howard Fields is the owner of certain real
property located in the City of Auburn commonly known 32882 56th Avenue
South; and
WHEREAS, City of Auburn desires to purchase this property for
municipal purposes; and
WHEREAS, the City of Auburn and Lee and/or Howard Fields have
negotiated an agreement which is beneficial to both parties at a cost that is
acceptable to the City.
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 a Purchase and Sale Agreement between the
City of Auburn and Lee and/or Howard Fields for real property which agreement
shall be in substantial conformity with the Agreement a copy of which is
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Resolution No. 4349
April 29, 2008
Page 1 of 2
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 D day of .G2 12008.
ITY d N
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APBRGVED
Daniel B. Heid, City Attorney
Resolution No. 4349
April 29, 2008
Page 2 of 2
CONTRACT FOR PURCHASE AND SALE
THIS AGREEMENT is made and entered into this 1 _c day of ?, 2008, by
and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as the "City," and tl«,Wy-D t i .DS, as his separate property,
hereinafter referred to as the "Seller":
WHEREAS, Seller is the owner of certain real property located within the
corporate limits of the City of Auburn, Washington, which the City is interested in
purchasing and which the Seller is interested in selling.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
1. DESCRIPTION:
a) The location of the real property being conveyed ("Property") is at 32882 56th
Avenue South within the City of Auburn, Washington 98001.
b) The legal description of the Property is described as follows: Tract number 62
of West Auburn Five Acre Tracts as shown on the plat recorded in volume 15 of Plats at
page 12, records of King County, Washington.
c) The Property includes all buildings and improvements located on the Property
and all right, title and interest of the Seller in and to adjacent streets, roads, alleys, and
rights-of-way, and:
2. PURCHASE-SETTLEMENT PRICE: On Closing, the City shall pay to the
Seller the amount of three hundred thousand dollars ($300,000).
3. EARNEST MONEY: The City shall deposit into escrow with Chicago Title
Insurance Company, 32001 32nd Ave S # 400, Federal Way, WA 98001, a negotiable
instrument payable to the bearer in the amount of one thousand dollars ($1,000), as earnest
money for this Purchase and Sale Contract, and which shall be applied toward the purchase
price hereof at closing; Provided that if the Purchase and Sale does not proceed, said
negotiable instrument shall be returned to the City forthwith.
4. CONVEYANCE OF PROPERTY: On Closing, the Seller shall convey to the
City the above-described Property by statutory warranty deed subject only to matters
identified herein.
5. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on the 30th day of May, 2008, unless extended by other
provisions of Contract, or by written agreement of the Parties. The purchase proceeds and
the deed and other closing papers shall be delivered by the parties to the closing agent prior
to closing.
6. RESTRICTIONS, EASEMENTS, LIMITATIONS: The City shall take title
subject only to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; easements, encumbrances and restrictions as shown on the Title
Report set forth herein below. Any financial encumbrances, liens and security interests on
the Property shall be satisfied by the Seller prior to Closing, so that the title to the Property
when conveyed shall be free and clear of any said financial encumbrances, liens and/or
security interests. If title cannot be made so insurable prior to closing date the earnest
money shall, unless City elects to waive such defects or encumbrances, be refunded to the
City, less any unpaid costs, and this agreement shall thereupon be terminated.
7. CONDITION OF PROPERTY: Seller makes no representations or warranties,
express or implied, concerning the condition of the property. The City is familiar with
Property and expressly agrees to accept it "AS IS, WITH ALL FAULTS."
8. ASSIGNABILITY: The City may assign this Contract in whole or in part.
9. EVIDENCE OF TITLE: The City shall be entitled to obtain at its sole cost and
expense, a Title Report from a title insurance company mutually acceptable to the City
("Title Company") and an ALTA Form B title commitment ("Title Commitment")
accompanied by one copy of all documents affecting the Property, and which constitute
exceptions to the Title Commitment.
10. PLACE OF CLOSING: Closing shall be held at Chicago Title Insurance
Company, 32001 32nd Avenue South # 400, Federal Way, WA 98001.
11. TIME: Time is of the essence of this Contract. Any reference herein to time
periods of less than six (6) days shall in the computation thereof, exclude Saturdays,
Sundays and legal holidays, and any time period provided for herein which shall end on a
Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
12. DOCUMENTS FOR CLOSING: The City shall furnish the deed and closing
statements, and the Seller shall furnish any documents necessary to satisfy any financial
encumbrances, liens and/or security interests on the Property.
13. EXPENSES: State documentary stamps (Revenue Stamps) which are required
to be affixed to the instrument of conveyance, any taxes on the conveyance of real property
(Real Estate Excise Tax) and recording fees shall be paid by the City.
14. PRORATION OF TAXES: Real Estate taxes for the year of the closing shall
be prorated to the date of closing.
15. RISK OF LOSS: If the improvements are damaged by fire or other casualty
prior to closing, and the costs of restoring same does not exceed 3% of the assessed
valuation of the improvements so damaged, cost of restoration shall be an obligation of the
Seller and closing shall proceed pursuant to the terms of Contract with costs therefor
escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the
assessed valuation of the improvements so damaged, the City shall have the option of
either taking the Property as is, together with either the said 3% or any insurance proceeds
payable by virtue of such loss or damage, or of canceling the Contract and receiving return
of deposit(s) made hereunder.
CONTRACT FOR PURCHASE AND SALE
Page 2
16. MAINTENANCE: Notwithstanding the provisions of Paragraph 15, between
Effective Date and Closing Date, all personal property on the premises and real property,
including lawn, shrubbery and pool, if any, shall be maintained by the Seller in the
condition they existed as of Effective Date, ordinary wear and tear excepted, and the City
or City's designee will be permitted access for inspection prior to closing in order to
confirm compliance with this standard.
17. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be
recorded, at the City's expense, upon clearance of funds and evidence of marketable title
as shown in the title report, per Paragraphs 6 & 9 hereinabove, and the amount of the
purchase price shall be held in escrow by the such escrow agent as is mutually agreed upon
by the parties for a period of not longer than five (5) days from and after closing date. If
the Seller's title is rendered unmarketable, the City shall within said five (5) day period,
notify the Seller in writing of the defect and the Seller shall have thirty (30) days from date
of receipt of such notification to cure said defect. In the event the Seller fails to timely cure
said defect, all monies paid hereunder shall, upon written demand therefor and within five
(5) days thereafter, be returned to the City and, simultaneously with such repayment, the
City shall vacate the Property and re-convey same to the Seller by special warranty deed.
In the event the City fails to make timely demand for refund, it shall take title as is,
waiving all rights against the Seller as to such intervening defect except as may be
available to the City by virtue of warranties, if any, contained in the deed.
18. ESCROW: Any escrow agent receiving funds is authorized and agrees by
acceptance thereof to promptly deposit and to hold same in escrow and to disburse same
subject to clearance thereof in accordance with terms and conditions of Contract. Failure
of clearance of funds shall not excuse performance by the City.
19. PRORATIONS AND INSURANCE: Assessments, rent, interest, insurance and
other expenses and revenue of the Property shall be prorated as of date of closing. The City
shall have the option of taking over any existing policies of insurance on the Property, if
assumable, in which event premiums shall be prorated.
20. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: The
representations and warranties set forth in this Contract shall be continuing and shall be
true and correct on and as of the closing date with the same force and effect as if made at
that time, and all of such representations and warranties shall survive the closing and shall
not be affected by any investigation, verification or approval by any party hereto, or by
anyone on behalf of any party hereto.
21. AGREEMENT SUBJECT TO CITY COUNCIL APPROVAL: This
Agreement and the City's obligations hereunder, are subject to approval by the Auburn
City Council. If not approved by the City Council, any Earnest Money Paid shall be
refunded to the City, and this contract shall be null and void.
CONTRACT FOR PURCHASE AND SALE
Page 3
22. OTHER AGREEMENTS: No prior or present agreements or
representations shall be binding upon any of the Parties hereto other than and unless
incorporated in this Contract. No modification or change in this Contract shall be valid or
binding upon the Parties unless in writing, executed by the Parties to be bound thereby.
EXECUTED on the day and year first above written.
C Y OF A URN -
SELLER
Peter B. Lewis, Mayor
Attest:
Danielle Daskam, City Clerk
Approved as to Form:
iel B. H ' rty t
CONTRACT FOR PURCHASE AND SALE
Page 4
STATE OF WASHINGTON )
ss
COUNTY OF ' G )
On this y of 200_, before me, the
undersigned, a Notary Public in and for the St e of Washington, duly commissioned and sworn,
personally appeared Peter B. Lewis and Danielle Daskam, to me known as the Mayor and City
Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said City of
Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute said instrument on behalf of said municipal corporation.
official seal this ?C day ofdr \'(--'
GIVEN under my 4,jad%Apd
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STATE OF WASHINGTON )
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COUNTY OF J
ON T IS day of C , 200 , before me, personally
appeared C? w/" 0- F/'-& Z 6 S to me known to be the party who
executed the within and foregoing instrument, and acknowledged said instrument to be his free and
voluntary act and deed for the uses and purposes therein mentioned.
200 d" .
GIVEN under my hand and official seal this day of
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NAME
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NOTARY PUBLIC in and for the State of
Washington, residing at E 1'7'?4 fL??G L?
My Commission Expires: /G- z 5"- Za
CONTRACT FOR PURCHASE AND SALE
Page 5
CONTRACT FOR PURCHASE AND SALE
THIS AGREEMENT is made and entered into this 7'4 day of i4A4_ _, 2008, by
and between the City of Auburn, a municipal corporation of the State oaf Washington,
hereinafter referred to as the "City," and t{a,,aoR,a t i cLDS, as his separate property,
hereinafter referred to as the "Seller":
WHEREAS, Seller is the owner of certain real property located within the
corporate limits of the City of Auburn, Washington, which the City is interested in
purchasing and which the Seller is interested in selling.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
1. DESCRIPTION:
a) The location of the real property being conveyed ("Property") is at 32882 56`h
Avenue South within the City of Auburn, Washington 98001.
b) The legal description of the Property is described as follows: Tract number 62
of West Auburn Five Acre Tracts as shown on the plat recorded in volume 15 of Plats at
page 12, records of King County, Washington.
c) The Property includes all buildings and improvements located on the Property
and all right, title and interest of the Seller in and to adjacent streets, roads, alleys, and
rights-of-way, and:
2. PURCHASE-SETTLEMENT PRICE: On Closing, the City shall pay to the
Seller the amount of three hundred thousand dollars ($300,000).
3. EARNEST MONEY: The City shall deposit into escrow with Chicago Title
Insurance Company, 32001 32nd Ave S # 400, Federal Way, WA 98001, a negotiable
instrument payable to the bearer in the amount of one thousand dollars ($1,000), as earnest
money for this Purchase and Sale Contract, and which shall be applied toward the purchase
price hereof at closing; Provided that if the Purchase and Sale does not proceed, said
negotiable instrument shall be returned to the City forthwith.
4. CONVEYANCE OF PROPERTY: On Closing, the Seller shall convey to the
City the above-described Property by statutory warranty deed subject only to matters
identified herein.
5. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on the 30th day of May, 2008, unless extended by other
provisions of Contract, or by written agreement of the Parties. The purchase proceeds. and
the deed and other closing papers shall be delivered by the parties to the closing agent prior
to closing.
6. RESTRICTIONS, EASEMENTS, LIMITATIONS: The City shall take title
subject only to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; easements, encumbrances and restrictions as shown on the Title
Report set forth herein below. Any financial encumbrances, liens and security interests on
the Property shall be satisfied by the Seller prior to Closing, so that the title to the Property
when conveyed shall be free and clear of any said financial encumbrances, liens and/or
security interests. If title cannot be made so insurable prior to closing date the earnest
money shall, unless City elects to waive such defects or encumbrances, be refunded to the
City, less any unpaid costs, and this agreement shall thereupon be terminated.
7. CONDITION OF PROPERTY: Seller makes no representations or warranties,
express or implied, concerning the condition of the property. The City is familiar with
Property and expressly agrees to accept it "AS IS, WITH ALL FAULTS."
8. ASSIGNABILITY: The City may assign this Contract in whole or in part.
9. EVIDENCE OF TITLE: The City shall be entitled to obtain at its sole cost and
expense, a Title Report from a title insurance company mutually acceptable to the City
("Title Company") and -an ALTA Form B title commitment ("Title Commitment")
accompanied by one copy of all documents affecting the Property, and which constitute
exceptions to the Title Commitment.
10. PLACE OF CLOSING: Closing shall be held at Chicago Title Insurance
Company, 32001 32nd Avenue South # 400, Federal Way, WA 98001.
11. TIME: Time is of the essence of this Contract. Any reference herein to time
periods of less than six (6) days shall in the computation thereof, exclude Saturdays,
Sundays and legal holidays, and any time period provided for herein which shall end on a
Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
12. DOCUMENTS FOR CLOSING: The City shall furnish the deed and closing
statements, and the Seller shall furnish any documents necessary to satisfy any financial
encumbrances, liens and/or security interests on the Property.
13. EXPENSES: State documentary stamps (Revenue Stamps) which are required
to be affixed to the instrument of conveyance, any taxes on the conveyance of real property
(Real Estate Excise Tax) and recording fees shall be paid by the City.
14. PRORATION OF TAXES: Real Estate taxes for the year of the closing shall
be prorated to the date of closing.
15. RISK OF LOSS: If the improvements are damaged by fire or other casualty
prior to closing, and the costs of restoring same does not exceed 3% of the assessed
valuation of the improvements so damaged, cost of restoration shall be an obligation of the
Seller and closing shall proceed pursuant to the terms of Contract with costs therefor
escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the
assessed valuation of the improvements so damaged, the City shall have the option of
either taking the Property as is, together with either the said 3% or any insurance proceeds
payable by virtue of such loss or damage, or of canceling the Contract and receiving return
of deposit(s) made hereunder.
CONTRACT FOR PURCHASE AND SALE
Page 2
16. MAINTENANCE: Notwithstanding the provisions of Paragraph 15, between
Effective Date and Closing Date, all personal property on the premises and real property,
including lawn, shrubbery and pool, if any, shall be maintained by the Seller in the
condition they existed as of Effective Date, ordinary wear and tear excepted, and the City
or City's designee will be permitted access for inspection prior to closing in order to
confirm compliance with this standard.
17. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be
recorded, at the City's expense, upon clearance of funds and evidence of marketable title
as shown in the title report, per Paragraphs 6 & 9 hereinabove, and the amount of the
purchase price shall be held in escrow by the such escrow agent as is mutually agreed upon
by the parties for a period of not longer than five (5) days from and after closing date. If
the Seller's title is rendered unmarketable, the City shall within said five (5) day period,
notify the Seller in writing of the defect and the Seller shall have thirty (30) days from date
of receipt of such notification to cure said defect. In the event the Seller fails to timely cure
said defect, all monies paid hereunder shall, upon written demand therefor and within five
(5) days thereafter, be returned to the City and, simultaneously with such repayment, the
City shall vacate the Property and re-convey same to the Seller by special warranty deed.
In the event the City fails to make timely demand for refund, it shall take title as is,
waiving all rights against the Seller as to such intervening defect except as may be
available to the City by virtue of warranties, if any, contained in the deed.
18. ESCROW: Any escrow agent receiving funds is authorized and agrees by
acceptance thereof to promptly deposit and to hold same in escrow and to disburse same
subject to clearance thereof in accordance with terms and conditions of Contract. Failure
of clearance of funds shall not excuse performance by the City.
19. PRORATIONS AND INSURANCE: Assessments, rent, interest, insurance and
other expenses and revenue of the Property shall be prorated as of date of closing. The City
shall have the option of taking over any existing policies of insurance on the Property, if
assumable, in which event premiums shall be prorated.
20. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: The
representations and warranties set forth in this Contract shall be continuing and shall be
true and correct on and as of the closing date with the same force and effect as if made at
that time, and all of such representations and warranties shall survive the closing and shall
not be affected by any investigation, verification or approval by any party hereto, or by
anyone on behalf of any party hereto.
21. AGREEMENT SUBJECT TO CITY COUNCIL APPROVAL: This
Agreement and the City's obligations hereunder, are subject to approval by the Auburn
City Council. If not approved by the City Council, any Earnest Money Paid shall be
refunded to the City, and this contract shall be null and void.
CONTRACT FOR PURCHASE AND SALE
Page 3
22. OTHER AGREEMENTS: No prior or present agreements or
representations shall be binding upon any of the Parties hereto other than and unless
incorporated in this Contract. No modification or change in this Contract shall be valid or
binding upon the Parties unless in writing, executed by the Parties to be bound thereby.
EXECUTED on the day and year first above written.
OF A 515l ) SELLER
-7) a
Peter B. Lewis, Mayor
Attest:
Danielle Daskam, City Clerk
Approved as to Form:
iel B. H ' rty n
Lee ?=i?(ds ?5
eon O-C A dvlex- -1 FV-1-
How" Iii"ad s
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CONTRACT FOR PURCHASE AND SALE
Page 4
STATE OF WASHINGTON )
) ss
COUNTY OF
On this ,\AN y of \-- 200 , before me, the
undersigned, a Notary Public in and for the S e of Washington, duly commissioned and sworn,
personally appeared Peter B. Lewis and Danielle Daskam, to me known as the Mayor and City
Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said City of
Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute said instrument on behalf of said municipal corporation.
- GIVEN under my?,4Rttd+hQq+orffcial seal this day
200
101E ,? .
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L o r f my's ME
:? - - CA . A. RICHARDSON
s ,?, ;, OUSE`" NOTARY PUBLIC in and r th State of
ti;
??+09;..:-N F Washington, residing at
OFAS?,. My Commission Expires: ?t l 2 ?t 2-
STATE OF WASHINGTON )
ss.
COUNTY OF
ON T IS day of -i . 200 , before me, personally
appeared - Cl w 19 X O 7--i67 L 1S S to me known to be the party who
executed the within and foregoing instrument, and acknowledged said instrument to be his free and
voluntary act and deed for the uses and purposes therein mentioned.
200 Y .
GIVEN under my hand and official seal this day of
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at E h U nmC- /-j
My Commission Expires: A[ z 5- 4r- //
CONTRACT FOR PURCHASE AND SALE
Page 5
EXHIBIT "A"
STATE OF WASHINGTON )
) ss.
COUNTY OF V"uj\ )
ON THIS 2- ~ day of ?o.A? , 2008, before me, personally
appeared LEE FIELDS, to me known to be th party who executed the within and foregoing
instrument, and acknowledged said instrument to be his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
2008.
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NA E
NOTARY P LIC in an for a State of
s? w?;% AUK 4?? _" Washington, residing a
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EXHIBIT "A"
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Senior Services
Promoting the well--being afolder adults
SENIOR RIGHTS ASSISTANCE
GENERAL DURABLE POWER OF ATTORNEY
(RCW 11.94)
Effective Immediately
Before using this form, please read the informational
pamphlet by Columbia Legal Services titled
"Questions and Answers on Powers of Attorney." That
document describes the use of durable powers of
attorney for financial matters. The contents of this
form are suggested by Washington State statute, but
an estate planning attorney can give you more
detailed information and can help you tailor such
documents to your specific needs.
This power of attorney form is effective immediately
so there is no requirement that your agent obtain a
statement from your doctor that you are incapacitated.
If you prefer that your appointed agent only be able to
act if your doctor has signed a statement that you are
incapacitated, then you should use our Durable Power
of Attorney form that is only effective after your doctor
has signed a statement to that effect.
.0 - -/
GENERAL DURABLE POWER OF ATTORNEY
(RCW 11.94)
Effective Immediately
1, _ ?,c cc? yz c _, the undersigned Principal, domiciled
and residing in the State of Washington, hereby designate and appoint
- " C%660 -_ as my Attorney-in-
Fact. If for ny reason my first designated Attorney-in-Fact is unable to serve, then I
designate and appoint C1,1,4
instead. If guardianship of my person or estate becomes necessary or desirable, I
nominate the above-named Attorney-in-Fact (or alternate, if necessary) to serve as
my guardian.
I direct that this document shall be liberally construed to give effect to its plain
meaning. This document and all issues relating to it shall be governed by the laws of
the State of Washington.
So long as neither the Attorney-in-Fact nor any person with whom the
Attorney-in-Fact was dealing at the time received actual knowledge of revocation or
termination of this power of attorney, by death or otherwise, then the Attorney-in-
Fact and such persons dealing with the Attorney-in-Fact shall be entitled to rely upon
this power of attorney. Any action taken shall therefore be binding upon the
Principal, heirs, legatees, devisees, guardians, agents, and personal representatives
of the Principal.
1. Effective Date/Duration. This Power of Attorney shall become effective
immediately upon execution and, unless revoked or terminated as provided in
paragraphs 4 and 5 below, shall continue in effect and shall not be affected by the
disability or incompetence of the Principal, including the inability to manage property
and affairs effectively for reasons such as mental illness, mental deficiency, physical
illness or disability, advanced age, chronic use of drugs, or chronic intoxication
determined in all such cases by my physician in writing; or for confinement,
detention by a foreign power, or disappearance as stated in writing by a person with
knowledge of any of those said conditions.
r
2. Powers. The Attorney-in-Fact shall act as fiduciary for the Principal and, as
such, have all powers of absolute ownership over all assets and liabilities of the
Principal, whether located within or without the State of Washington, including,
without limitation, the power and authority to do any of the following:
2.1 Pay, settle, or otherwise discharge any and all claims of liability or
indebtedness against the Principal and, in so doing, (a) use any of the Principal's
funds or other assets, or use funds or other assets of the Attorney-in-Fact and obtain
reimbursement from the Principal's funds or other assets, and (b) compromise any
such claim and make, sign, seal, and deliver acquittances, releases, or other
sufficient discharges or proper documents in respect of the same;
2.2 Ask, demand, sue for, recover, collect and receive all sums of money,
debts, dues, accounts, gifts, legacies, bequests, devises, dividends, annuities,
demands, interests in real and personal property, and rights to the possession or
use of such property, and, in doing so, (a) have, use, and take all lawful ways and
means in the Principal's name or otherwise for the recovery thereof by attachment,
execution, eviction, foreclosure, or otherwise and (b) compromise and agree for and
make, sign, and deliver acquittances, releases, or other sufficient discharges and
proper documents in respect of the same;
2.3 Bargain, contract, agree for, purchase, receive, and take lands and any
interest therein, and accept the possession of all lands and all deeds and other
assurances in the law therefor;
2.4 Lease, sell, release, convey, exchange, mortgage, and release any
mortgage on lands, and any interest therein;
2.5 Bargain and agree for, buy, sell, pledge, assign, endorse, release,
exchange, mortgage, release any mortgage on, and in any and every way, and
manner deal in and with goods, bonds, shares of stock, causes of action, judgments,
and other property in possession or in action;
2.6 Purchase United States Treasury Bonds which may be redeemed at
par in payment of federal or state taxes;
V
2.7 Exercise any and every right and power which the Principal may now
or hereafter have in respect to any and all savings, checking or agency accounts
and any and all safe deposit boxes and envelopes or other safekeeping accounts to
which the Principal has a right of access in any financial institution as defined by
RCW 30.22.040, including, without limitation, the power and authority to open any
and all such accounts for the Principal in the Principal's name, to give instructions in
respect of and make deposits and withdrawals from any and all such accounts
whether or not the same have been opened by the Attorney-in-Fact, and to enter
any safety deposit box to which the Principal has a right of access;
2.8 Make any transfer of resources not prohibited under RCW Chapter
74.09,, as now or hereafter amended' or recodified, when the transfer is for the
purpose of qualifying me for state or federal medical care assistance or a limited
casualty program for the medically needy, or for the purpose of preserving for my
spouse, other relative or domestic partner, the maximum amount of property allowed
under applicable law if an application has been made for governmental medical
assistance, or in anticipation of such application and for the purpose of avoiding a
Medicaid Recovery Lien;
2.9 Make, do, and transact all and every kind of business of every kind and
description;
2.10 Sign, seal, execute, deliver, and acknowledge all written instruments
and do and perform each and every act and thing whatsoever which may be
necessary or proper to be done in or about the exercise of the powers and authority
hereinabove granted to the Attorney-in-Fact as fully to all intents and purposes as
the Principal might or could do if personally present;
2.11 Deal on my behalf with the United States Department of the Treasury,
Internal Revenue Service, and Social Security Administration and any and all
agencies of federal and state government(s) whether enumerated herein or not;
2.12 Employ and compensate from my estate attorneys and other
professionals whose assistance or advice the Attorney-in-Fact may deem
necessary;
2.13 My Attorney-in-Fact shall keep accurate records of my financial affairs,
including documentation of all transactions in which the Attorney-in-Fact is involved.
My Attorney-in-Fact shall account for all actions taken by my Attorney-in-Fact for or
on behalf of me upon request by me, any guardian or limited guardian of my estate
or of my person, any subsequently appointed Attorney-in-Fact, any successor
Attorney-in-Fact acting in such capacity, any primary or alternate Attorney-in-Fact
named herein, and/or to any subsequently appointed personal representative of my
estate.
3. Limitation on Powers. RCW 11.94.050 governs the matter of limitations.
4. Revocation. Except during a period of disability or incompetency, this Power
of Attorney may be revoked, suspended, or terminated in writing by the Principal by
written notice to the designated Attorney-in-Fact or by recording a written instrument
of revocation in the office of the Recorder or Auditor of
f _ County, Washington, with a copy thereof given to
the Attorney-i -Fact.
5. Termination. This power terminates as follows:
5.1 By Appointment of Guardian. The appointment of a Guardian of the
Estate"or of the Person of the Principal vests in Guardian the power to revoke,
suspend, or terminate this Power of Attorney after court approval of such revocation,
suspension, or termination. The appointment of a Guardian of the Person only does
not empower that Guardian to revoke, suspend, or terminate this Power of Attorney
without prior specific court approval.
5.2 By Death of Principal. The death of the Principal shall terminate this
Power of Attorney upon the Attorney-in-Fact receiving actual knowledge or actual
notice of such death.
6. Hold Harmless-Indemnity. I make this grant of power
my Attorney-in-Fact is a person of good judgment who knows rr
the Principal shall defend, protect, hold harmless, and indemnify
from all liability for acts or omissions occurring in good fE
instrument, but not as to any species of fraud upon the Principx
any damages arising from his or her reliance on this instrument.
'soy=+tii
7. Interpretation and Savings Clause. The organization of this instrument, its
designation of its parts, paragraph numbering, and other like aspects are matters of
clerical convenience only and not intended to have any other significance. This
instrument shall be read and construed as an integrated whole. Any part that is
determined to be null, void, or of no effect shall, however, fail alone, and all
remaining provisions shall remain in effect.
SIGNED THIS DAY OF fehrqq - , 20.4 Signature: ----- -
Name Printed: _ 14o w A R,?,L F) L D S
Domiciled and residing at: ,
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF WASHINGTON )
) ss.
COUNTY OF ..1.....r. .... ......................
)
r
This is to certify that on this dy o20
before me a eared -?? known to
personally PP me
to be the individual described in and who executed the foregoing General Durable
Power of Attorney, and acknowledged to me that said person signed and sealed the
same as the person's free and voluntary act and deed, for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
D
401-41 i
W '90ington, residing at
My Commission expires
ADDENDUM NO. 1
ADDENDUM TO THE CONTRACT FOR PURCHASE AND SALE
BETWEEN THE CITY OF AUBURN AND HOWARD FIELDS
FOR THE PURCHASE OF PROPERTY LOCATED AT
2388256 TH AVENUE SOUTH, WITHIN THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this .--'0 day of ,
2008. by and between HOWARD FIELDS, or his attorney in fact, (hereinafter referred to as
"Seller") and the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), as an addendum to the Agreement between the parties for the
purchase of property located at 23882 56th Avenue S, Auburn, Washington, 98001, executed on the
7th day of May, 2008.
WITNESSETH:
WHEREAS, there is a need for a delay in the closing due to some needs of the Seller; and,
WHEREAS, it is appropriate and the City is willing to extend the date of closing and to
amend the contract to address other issues that have been resolved.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO PARAGRAPH 5: That Section 5 of the Contract for Purchase
and Sale is amended to read as follows:
5. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on the 30t day of t°June 15, 2008, unless extended by
other provisions of Contract, or by written agreement of the Parties. The purchase
proceeds and the deed and other closing papers shall be delivered by the parties to the
closing agent prior to closing.
ITEM TWO REVISION TO PARAGRAPH 17. That Section 17 of the Contract for
Purchase and Sale is amended to read as follows:
17. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall
be recorded, at the City's expense, upon clearance of funds-ask-evidenee-of
, and
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the amount of the purchase price shall be held in escrow by the such escrow agent
until disbursed in connection with the closing. The City has received satisfactory
evidence of marketable title, and waives any requirement that funds be held pending
satisfactory evidence of marketable title. as is mutually agreed upon by the paFfi ? r^«
a period of not longer- than five (5) days fiem and after- elesing da4e. if the Seller's
title is r-ender-ed umnafketable, the City shall wMin said five (5) day per-ied, nofif?
the SelleF in ?witing of the defeet and the Seller- shall have thiAy (30) days from datee
of r-eeeipt of sueh netiflea4ion to eur-e said defeet. In the event the Seller- fails to
timely eur-e said defeet, all monies paid her-etinder- shall, upon -A+44en demand
therefor-?nd within !C\ days thereafter-, be r-ettmeto the City and,,
simultaneettsly with s e repayment, the City shat < eate the Pr-epe y an «° , °
same to the Seller- by speeial waffant-y deed. in the eveR4 the City fails to make time!
demand for- refund, it shall take title i I . . . all rights against the Seller- as to
1sueh iate- ,°,,.,,,,g a ---_- ntie
- de f °+ - - ° ?--fipt ° -s may - b-e available to +° the the ---? City by by <----k4ue -- "f ., -- --
any, eontained in the V, ? 1 Y Q lam/ p, (•-^e
i y1 :?5 11134 A r
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement between the parties for Contract for Purchase and Sale executed on the 7th day of May,
2008, 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.
HOWARD FIELDS
By: v? ts?-
Its: ; tip
CIT
By: --
Peter B. Lewis , Mayor
Attest:
^n - A
By: l !1?1 f
Danielle \'E. Daskam. City Clerk
App ed as o
Davie B. Heid, City Attorney
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