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HomeMy WebLinkAbout2919 RESOLUTION NO. 2~ Iq A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain public utility property surplus to the City's needs and approving a negotiated sale of the property in accordance with the provisions of RCW 35.94.040 and BMC 2.78.030(e). WHEREAS, the City has received an offer to purchase the public utility property depicted as lots 5 and 7 in Exhibit A and legally described in Exhibit B from Global Investments Ltd, for $41,000, which sum is the fair market value of the property; and WHEREAS, the City Council has determined that the property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, pursuant to RCW 35.94.040, a public heating was held on February 11, 2004 relating to the proposed surplus and negotiated sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L The public utility property legally described in Exhibit B is hereby declared surplus to the City's needs pursuant to RCW 35.94.040 and is not required for providing continued public utility service. SECTION2. The sale of the above-mentioned property creates a benefit to the City and the greater community and therefore a negotiated sale is hereby authorized pursuant to BMC 2.78.030(e) and. SECTION 3. The Mayor is hereby authorized to finalize and execute an Earnest Money Receipt and Sale Agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit C authorizing the sale of the property to Global Investments Ltd for $41,000. SECTION 4. The Mayor is further authorized to execute any and all other documents, including but not limited to statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 5. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Surplus and Sale of Public Utility Property SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City of Bremerton, Washington this of' ~' tz'- --' -~ --, 2004. Council of the City day DAREN NYGREN, Cot~cil President APPROVED AS TO FORM: ATTEST: ~ _ RO~OI]R A. LUBO~ICH, Cit~ r/ff4(ULA JO~'/r(~N,-Interim City Clerk R:\LEGAL~Files\Current Active Files\Oyster Bay Lots\Surplus and Negotiated Sale resolution.doc 2 Surplus and Sale of Public Utility Property PACIFIC NORTHWEST TITLE ~:~-~ ~.,~. Potion of Section ~,, Townshipa~ No~h, Range I~st, W.M. I ?05-00 ~08-00 L I I ......... h ........ ~' 19-00 ?0-00, O Ix*:lS~"O 0 u ~ ^~6-00 .... jj ?'!r--~'"j~ LEGAL DESCRIPTION Lots 5 and 7, Block 5, Ole Hanson's Navy Yard Addition, according to Plat recorded in Volume 4 of Plats, Page 56, in Kitsap County, Washington. EXHIBIT B EARNEST MONEY RECEIPT AND SALE AGREEMENT This Agreement is hereby made and entered into on the date fully executed below, by and between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Purchaser". Purchaser shall, within 5 days of the date of this Agreement, deposit the sum of $1,000.00 in escrow with the City of Bremerton. Seller hereby agrees to sell and Purchaser hereby agrees to purchase that certain real property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition, City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005- 007-0005. 1. Purchase Price: The purchase price shall be Forty One Thousand and no/100 Dollars ($41,000.00). 2. Payment of Purchase Price: The total purchase price shall be paid as follows: a. One Thousand and no/100 Dollars ($1,000.00) in the form of earnest money. b. Forty Thousand and no/100 Dollars ($40,000.00) in cash at the time of closing. 3. Contingencies: a. The obligation of the Purchaser to purchase the real property is contingent upon and subject to the following conditions: i. Purchaser to make inspections and investigations concerning the property, including but not limited to a survey, which cost shall be paid solely by the Purchaser. In the event these contingencies cannot be satisfied within 30 days from the date of this Agreement, or approval bythe City Council, whichever is later, the Purchaser shall have the right to cancel this Agreement and all earnest money shall be refunded to the Purchaser. Provided, however, that all of these conditions are for the benefit of the Purchaser and may be waived in writing by the Purchaser. b. The obligation of the Seller to sell the real property is contingent upon and subject to the following conditions: i. City Council approval of this agreement within 60 days from the date of this agreement. 4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this Agreement. 20280-166, ted Page 1 Rev. 12-3-03 EXHIBIT C 5. Inspections and Tests: The Purchaser shall have the right to ~'~ter upon the property, make inspections, conduct engineering studies, perform surveys, conduc~', tests and analyze the property in order to determine its suitability for the needs of the Purchaser. 6. Title: The title to the property shall be free and clear of all encumbrances or defects at closing except those specifically approved in writing by the Purchaser. For purposes of this agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. Additionally, Purchaser agrees to execute and record against the property at closing an odor easement for the benefit of the Seller in substantially the same form as attached hereto as Exhibit "A". The payment of any encumbrances and assessments may be made from the funds available at closing. 7. Title Insurance: The Seller shall deliver to the Purchaser a commitment for title insurance from the PACIFIC NORTHWEST TITLE within fifteen (15) days of the date of acceptance of this Earnest Money Receipt and Sale Agreement by Seller. Tl~c commitment for title insurance shall be for a standard form purchaser's policy of title insurance ~'il~e title policy to be issued at the time of closing shall contain no exceptions other than tho:~¢ provided for in said standard form and those specifically approved in writing by the Purclmser. If title is not so insurable and cannot be made so insurable as of the date of closing, this tra~-tsaction shall terminate and the earnest money shall be refunded to the Purchaser. Provided, how~,ver, that the Purchaser may waive any defects in title and elect to purchase. 8. Conveyance: Title shall be conveyed by Statutory Warranty Deed containing no exceptions except those as noted in Section 6 above and except those specifically approved in writing by the Purchaser. 9. Closing: This ~ransaction shall be closed in the Bremerton City Attorney's Office. The date of closing shall be no later than 60 days from approval by the City Council. Prior to closing the Seller and the Purchaser shall deposit in escrow with the closing agent all instructions, instruments and monies necessary to close this transaction. The real property taxes shall be prorated as of the date of closing. The Seller shall pay the title insurance premium, excise tax, and its recording fees. The Purchaser shall pay its recording fees. 10. Possession: The Purchaser shall be entitled to possession on the date of closing. 11. Default: In the event of any default by the Seller, the earnest money shall be refunded to the Purchaser unless the Purchaser elects to institute suit to enforce this Agreement, in which case the earnest money shall be held in the Registry of the court pending resolution of the suit. I~ the event of any default by the Purchaser, the Seller shall retain the earnest money deposited herewith as liquidated damages. Said forfeited earnest money shall be the sole remedy of the Seller and the Seller shall make no further claim or seek any further relief against thc Purchaser. 12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the heirs, executors, successors and assigns of the parties hereto. Provided, however, that this Agreement shall not be assignable by either party without the express prior written consent of the 20280-166, ted Page 2 R,.'v, ~2-3-03 other party which shall not be unreasonably withheld. Each party warrants that it has the authority to enter into this Agreement and said Agreement to be binding on the respective party. 13. Notices: Any and all notices between the parties hereto shall be in writing and shall be sent by certified mail, return receipt requested or personally delivered· 14. Governing Law: This Agreement shall be governed and applied in accordance with the laws of the State of Washington. 15. Jurisdiction and Venue: In the event any lawsuit shall be brought in connection with this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall properly lie in Kitsap County, Washington. 16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attorney fees and costs as determined by the court at both the trial and appellate levels. 17. Time: Time is expressly made of the essence of this Agreement. 18. Entire Agreement: This Agreement constitutes the entire understanding of the parties with respect to the property. There are no verbal or other arrangements which modify or affect this Agreement. 19. Titles: The titles used on the paragraphs in this Agreement are for information purposes only. 20. Absence of Commissions: Each party represents and warrants to the other party that there arc no real estate commissions payable In connection with this transaction. 21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of · In the event that the Seller does not accept this offer within the aforementioned time, this transaction shall be null and void and of no force or effect whatsoever. DATED: _~>~'~. / ~' ,2003. PURCHASER: .~ Address: .,~.O.~4__7_9 J~.~l~emerton, WA 98312 Phone: v (360) 265-0391 20280-166, ted Page 3 Rev. 12-3-03 The Seller hereby agrees to sell the property on the terms specified herein. DATED: ,2003 SELLER: CITY OF BREMERTON By: Cary Bozcman Title: Mayor Address: 239 Fourth Street Bremerton, WA 98337 Phone: (360) 473-5345 R:~LEGALWiles\Current Active Files\Oyster Bay Lots~Eamest Money-final2.doc 20280-166, ted Page 4 Rev. 12-3-03 Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Odor Easement Reference Number(e) of Documents assigned or releaeed: N/A Grantor(s): ~. [] Additional names on page of document. Orantse(s): 1. The City of Bremerton [] Additional names on page of document. Legal Description: (abbreviated) [] Additional legal is on page of document. Asseesor's Property Tax Parcel/Account Number: ~ Project Name: ODOR EASEMENT (Corporate) THIS INSTRUMENT made this __ day of ,200 , by and between (hereinafter "Grantor") and the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an odor easement for air emissions from the Wastewater Treatment Plant on or over the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT" "ATTACHED ODOR EASEMENT (Corporate) - Page I of 2 EXHIBIT A This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. GRANTOR: By: Its: DATE: STATE OF WASI-ffNGTON ) COUNTY OF KITSAP ) On this. day of ,200 , before me a Notary Public in and for the State of Washington, personally appeared to me known to be the corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attomey ODOR EASEMENT (Corporate) - Page 2 of 2 EXHIBIT A