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Home My WebLink AboutITEM VIII-B-4 * * CITY OF * AGENDA BILL APPROVAL FORM * WASHING7'ON Agenda Subjecf: , Date: Resolution No. 4630 Jul 28, 2010 Department: Attachments: Budget,lmpact: $0 Human Resources Resolution Na 4630 Pa,rty-Wall Demolition Agreement Release from Deed Provision Administrative Recommendation: City Council adopt Resolution No. 4630. Background Summary: The City of Aubum owns certain real property commonly referred to as the "Marvel Property" and Business Bank owns certain real property commonly referred to as the "Charlie Wong Property". Both the City of Aubum and Business bank intend to demolish the existing structures on their respective properties. Both the City of Aubum and Business Bank are successors-in-interest to a 1924 Warranty Deed which would require the City, upon demolition of the Marvel Property, to rebuild the wall adjacent to the exisfing building on the Chadie Wong Property. S0802-1 A3.13.4 . - - Reviewed by Council 8 Committees: Reviewed by Departrnents & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ~ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner Z Municipal Sery. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ' ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other ❑.Rublic Works ~ Human Resources ❑ Information Services Action: Corrrmittee Approval: 0Yes ❑No Council Approval: DYes ❑No Call for Public Hearing Referred fo Until Tabled Until Councilmember: Backus Staff: Heineman Meetin g Date: Au ust 2, 2010 Item Number: VI11.6.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 6 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF _ AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND BUSINESS BANK FOR DEMOLITION OF ADJOINING BUILDINGS PARTY- WALL WHEREAS, the City of Auburn owns certain real property commoniy referred to as the "Marvel Property;" and WHEREAS, Business Bank owns certain real property commonly referred to as the "Charlie Wong Property;n and WHEREAS, both the City and Business Bank intend to demolish the existing structures on their respective properties; and - WHEREAS, both the City and Business Bank are successors-in-interest • to a 1924 Warranty Deed which would require the City, upon demolition of the Marvel Property, to rebuild the wall adjacent to the existing building on the Charlie Wong Property; and WHEREAS, the City does not want to have to rebuild the wall and is willing to provide monetary compensation to Business Bank, if Business Bank demolishes the structure.on the Charlie Wong Property, in order for Business Bank to release this requirement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolu#ion No. 4630 July 27, 2010 Page 1 of 2 Section 1. The Mayor of the City of Aubum and the Auburn City Clerk are hereby authorized to execute a Party-Wall Demolition Agreement befinreen the City of Aubum and Business Bank 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. - 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 , 2010. CITY OF AUBURN PETER B. LEWIS, MAYOR ~ ATTEST: Danielle E. Daskam, City Clerk APP ~ ED FOR Gity A rn Resolution No. 4630 July 27, 2010 Page 2 of 2 PARTY-WAd.:L DEMOLITION AGREE1VgENT This Party-Wa11 Demolition Agreement "Agreement," is entered into between the BUSINESS BANK, a Washirigton Corporation ("Bank"), and the CITY OF AUBURN, a Washington municipal corporation ("City"). RECITALS: 1_ The City is the owner of property located at 2 W. Main Street in Auburn Washington, more specifically described at Exhibit A, and commonly referred to as the "Marvel Property." 2. The Bank is the owner of the property located at 18 W. Main Street in Auburn, Washington, more specifically described at Exhibit B, and commonly referred to as the ``Charlie Wong's Property." . 3. The City intends to demolish the existing structure on the Marvel Property. The Bank intends to demolish the existing structure on the Charlie Wong's Property. , . 4. The parties aze successors-in-interest to a 1924 Warranty Deed, recorded under King County Recording No. 1833681, which placed a condition on the grantees, Streetor H. Beall and Harry H. Bader (now the City) that would require the City, upon demolition , of t11e structure on the Marvel Property, to rebuild the wa11 adjacent to the existing building on the Charlie Wong's Property. The City does not want to have to rebuild tlus wa11, and is willing to provide monetary consideration to the Bank, if the Bank demolishes the Charlie Wong's building, in order for the bank to release this requiiement. AGREElVdENT THEREFORE, in consideration of the mutual promises set forth below and for other good and valua.ble consideration, the parties agree as follows: 1. The Bank agrees to record a Release of Deed Provision in substantially the same form as at Exhibit C no later than , 2010, and to provide a conformed copy to the City within _ days of recording, Settlement Agreement ' 7.19.10 Page 1 of 3 2. If the Bank demolishes the building on the Charlie Wong's property, the City agrees to pay the Bank the sum of not later than _ days after: a) demolition of the building, and b) receiving a copy of the recorded Release, whichever is later. 3. Construction of Agreement. The parties, and their respective counsel, have reviewed, revised, and negotiated, or have had the opportunity to review, revise, or , negotiate, the terms, conditions, and language of this Agreement. The rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. - 4. Integrated Agreement. This Agreement represents the complete understanding among, the parties as to its subject matter: All agreements, covenants, representa.tions, or warranties, express or implied, oral or written, concerning the subject matter of this Agreement aze contained herein. This is a fully integrated agreement. This Agreement may be amended or modified by, and only by, a written instiument exeeuted by a11 of the parties. The terms of this` Agreement may be waived by, and only by, a written instrument executed by the party against whom such waiver is sought to be enforced. This agreement may be executed in counterparts by the parEies with facsimile signatures deemed to be fully effective. DATED this day of July, 2010. CITY OF AUBURN BUSINESS BANK Peter B. Lewis, Mayor By: Todd Anderson Its: Attest: Danielle B. Daskam, City Clerk Appr e as to ' D el B. Hei Attorne Settlement Agreement 7.19.10 Page 2 of 3 + State of Washington ) ) ss. County of ) I certify that I know or have satisfactory evidence that of BUSSINESS BANK , presented evidence of identity, and is the person who appeared before me, and acknowledged that he signed this instrument and acknowledged that he was authorized to execute the instrument above and that it represents lus free and voluntary act for the uses and purposes mentioned in the instrument. Dated: , 2010. Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: Settlement Agreement 7.19.10 Page 3 of 3 Return Address: City o~'~ ~ ;r, , ity~.Cleik~ ~S~West~Mauz -~x ~t t ; ~c;;--ubuin~WA~98001 Above this line reserved for recording information. RELEASE FROM DEED PROVISION Reference # (if applibable): GrantorBorrower: Business Bank Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: ~ast;4~feet'of Lot 2;um%Blo`ck~;2 Assessor's Tax Parcel ID#: 7815700085 - 7815700095 WHEREAS the City is the Successor-in-Interest to the Grantee. and owns the above-described property, located in the City of Auburn, King County, Washington, said ownership being recorded by deed under King County Recording No. 1833681, attached hereto as Exhibit A and by:this reference made a part hereof; WHEREAS the recorded 1924 Warranty Deed for said property contains a Covenant requiring Grantee; at Grantee's cost and expense, to erect a Party Wa11 along the west line of the east four, feet of the above-described, Lot 2 whenever a new building sha11 be constructed on such lot, or whenever the existing structure on such lot sha11 be - demolished; WHEREAS the purpose of the Covenant as intended by the original Grantors was to reserve to Grantors the right to make suitable connections to the Party Wall and to use and enjoy the Party Wa11 as such; WHEREAS the City intends to demolish ttie existing structure on Lot 2, and the Business Bank intends demolish the existing structure on the lot adjacent to the west line of the east four feet of Lot 2; If both parties demolish the structures on their property, the purpose of this provision cannot be accomplished. . WHEREAS the City does not want.to have to rebuild said Party Wall; and Release from Deed Provision Page 1 of 4 WHEREAS, the Business Bank, as Successor-in-Interest to the Grantor, has authority to release the City and its successors and assigns from said Covenant; , NOW, THEREFORE, the Business Bank hereby: 1. Forever releases the City of Auburn and its successors and assigns from the Covenant,contained in Exhibit A, as those rights are set forth under King County Recording No. 1833681. DATED and SIGNED this day of , 2010. BUSINESS BANK By: Todd Anderson Its: STATE OF WASHINGTON) . )ss- County of King ) I certify that I know or have satisfactory evidence that Todd Anderson is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the of the BUSINESS BANK to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Release from Deed Provision Page 2 of 4