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HomeMy WebLinkAbout3864 Resolution RESOLUTION NO. 30(_4(74— A A RESOLUTION of the City of Pasco,Washington, approving the sale of certain real property on Dradie Street. WHEREAS,by Resolution No. 3849,the Pasco City Council authorized the sale of a 1.4- acre residential property on Dradie Street, subject to final approval of the City Council and in accordance with the provisions of said Resolution and applicable policy and law; and WHEREAS, the City has reviewed a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DOES RESOLVE AS FOLLOWS: Section 1. That the proposed purchase price of $130,000 by Helidoro Carrillo and Nancy Elizondo-Carrillo above the City's asking price of$124,000 and has been determined to be most advantageous to the City, and is fully accepted. Section 2. That the City Manager is hereby authorized to complete the sale transaction as outlined in the attached Purchase and Sale Agreement as Exhibit"A". L PASSED by the City Council of the City of Pasco at a regular meeting this / day of October, 2018. ZP7791;17 -----, Matt Watkins, Mayor ATTEST: 141,/(/ i4 dil //,, Daniela Erickson, ity Clerk Leland B. Kerr, City Attorney DocuSign Envelope ID:7B65BA09-A499.4048.8668-FD8386975D5B E,/ 7) t 61+ + /t A '`- Form 25 /�`,, / 2017 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT ©Copyright Northwest Multiple Service Rev.2117 ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: September 7, 2018 MLS No.: 232373 Offer Expiration Date: September 21, 2018 2. Buyer: Helidoro Carrillo, Nancy Elizondo-Carrillo __ Buyer Buyer Status 3. Seller. City of Pasco __ . Seller Seller 4. Property: Legal Descnption attached as Exhibit A Tax Parcel Na(s).: 118.512.119 _ nka Dradie Street, Pasco, Washington 99301 Address Oly State Zip 5. Purchase Price: $124,124.00 Dollars 6. Earnest Money: $1,000.00 X Check; ❑Note: ❑Other (held by ❑Selling Firm; E Closing Agent) 7. Default:(check only one)E Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Benton Franklin Title 9. Closing Agent: Jennifer Lopez Company Individual(optional) 10. Closing Date:October 5, 2018 ; Possession Date: E on Closing;❑Other 11. Services of Closing Agent for Payment of Utilities: E Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due�> Closing:❑assumed by Buyer; E prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Sellef' is�is o► oreign person for purposes of U.S. income taxation 14. Subdivision: The Property ❑must be subdivided before , E is not required to be subdivided 15. Feasibility Contingency Expiration Date: E 7 days after mutual acceptance;❑Other 16. Agency Disclosure: Selling Broker represents E Buyer; ❑Seller; 0 both parties; E neither party Listing Broker represents: .,4 Seller, ❑both parties 17. Addenda:Escalation, Financing, Utilities -DocuSlgned by: ---._ (k(,(,tof er» (Arteitt 9/9/2018 8:22:33 PM PDT `—) Pe2904471 labgaMilelidoro Carrillo Date Seller's Signature City of Pasco Date .(-joWAb—I,AmU0 9/9/2018 8:27:35 PM PDT u e�)40,t ���€papcy. Elizondo-Carrillo Date Seliefe Signature Dole 1108 N. Road 36 523 N.3rd Ave Buyer's Address Sellers Address Pasco, WA 99301 Pasco,WA 99301 City,State.Zip City,State,Zip (509)845-7906 509.543.5760 Phone No. Fax No. Phone No Fax No c.eliodoro@yahoo.com STREBELS(spasco-wa.gov Buyers E-mail Address Seller's E-mail Address SVN I Ratter & Company SVN I Ratter & Company Selling Firm MLS Office No. Listing Firm MLS Office No Rob Ellsworth Rob Ellsworth Selling Broker(Print) MLS LAG Na Listing Broker(Print) MLS LAG No (509)430-2378 (509)430-2378 Firm Phone No. Broker Phone No Firm Fax No. Firm Phone No Broker Phone No Firm Fax No robin.murphy@svn.com robin.murphy@svn.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address Rob@RobEllsworth.com Rob@RobEllsworth.com Selling Brokers E-mail Address Listing Brokers E-mail Address Selling Broker DOL License No Selling Firm DOL License Na. Listing Broker DOL License No Listing Firm DOL license No Windernlcre Real EstateIrri-Cities.329 North Kellogg Kennewick WA 99336 Phone(509)430-2378 Fox. Rob lalsworth I)(Air Produced with zpFormis by zipLogix 18070 Fineen MIe Road.Fraser.MKn:gan 48026 www l ogix corn UocuSign Envelope ID:7865BA09-A499.4048-8668-FD8388975D5B Form 25 ©Copyright 2017 Vacant Land Purchase 8 SaleVACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buye• shall pay to Seller the Purchase Price, including the Earnest Money. in cash at Closing, unless 1 otherwise specified in this Agreement Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property,gifts.retirement, or future earnings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over $10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money Pursuant to RCW 64 04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area, easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property, and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such detects or encumbrances, be refunded to the Buyer, less any unpaid costs described in the Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. 'Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday. or day when the 60 Ft 9/9/2018 8:22:33,„PM PDT9/9/2018 8:27:35 PM PDT r'f Buyer's initials Date BBuyer's Initials Date Seller's InitialsDate Seller's Initials Date Produced with z,pFomeD by z,plogix 18070 Fifteen Mile Road Fraser,Michigan 48026 y teA,4aisc a corn Dradic DocuSign Envelope ID:7B65BA09-A499.4048-8668-FD838B97505B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple t'sting Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements. 64 service contracts. or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations Taxes for the current year, rent, interest 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing. Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller Buyer shall pay for remaining fuel in the fuel tank if. 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or Impact charges or 86 other assessments that may be charged against the Property before or after Closing Seller will pay such charges that 87 are or become due on or before Closing Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request. any and all information 93 and copies of documents concerning this sale 94 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S 95 income taxation in Specific Term No 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act ("FIRPTA") at Closing and provide the certification to the Closing 97 Agent If Seller is a foreign person for purposes of U S income taxation. and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller. by Listing Broker, or at the licensed office of Listing Broker Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement: or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party. or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document 113 k. Computation of Time. Unless otherwise specified in this Agreement. any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9.00 p.m of the 115 last calendar day of the specified period of time Except for the Possession Date, if the last day is a Saturday, Sunday 116 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 p(' 9/9/2018 8:22:3 3PM PDT9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Iniliais Date Prcdin.etl witn zipFornrr1 by zipLog x 18070 Fifteen Mie Road Fraser.Michigan 48026 www 5F x coin I h:ui ie DocuSign Envelope ID.7B65BA09-A499-4048-8668-FD838B975D5B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev 2/17 GENERAL TERMS ALL RIGHTS RESERVED Page 4 of 5 Continued Possesion Date. shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of "and/or assigns° on the line identifying the 132 Buyer on the first page of this Agreement 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No.7,shall apply. 135 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages. (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys'Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted,it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer. then the other party shall have until 9.00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker. Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 1666 parties acknowledge receipt of the pamphlet entitled'The Law of Real Estate Agency." 7 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 1,, 9/9/2018 8:22:33 Pm PDT 9/9/2018 8:27:35 PM PDT r4e Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced wall zipForrr6 by ztpLogtx 18070 Fifteen Mae Road,Fraser.Mcnigan 48076 wwazeL9oix corn nradic DocuSlgn Envelope ID:7B658A09-A499-4048.8668-FD8388975D58 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted developed and/or built on (now or in the 177 future) and what it will cost to do this Buyer should not rely on any oral statements concerning this made by the Seller. 178 Listing Broker or Selling Broker Buyer should inquire at the city or county. and water sewer or other special districts in 179 which the Property is located Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property, any special building requirements. including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area, road. school. fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit, sufficient water, sewer and utility and any service connection charges: and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants. architects and engineers shall have the right. from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property: provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No 14 If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer 204 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction. such as drainage, leakage. pest, rot and mold problems Brokers do not have the 213 expertise to identify or assess defective products. materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs Buyer is 217 advised to investigate the cost of insurance for the Property, including. but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors. but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers 222 FIZ 9/9/2018 8:22:33 PM.tPDT 9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Produced with zipFo r,5 by zipLogo, 18070 Fifteen Mda Road,Fraser,Michigan 48026 www.zipLegi WIP. Drattie f.)ocuSign Envelope ID.78658A09-A499-4048-8668-FD838B975D5B SVN EXHIBIT A (Legal Description) Franklin County Tax Parcel #: 118.512.119 Legally Described As: Lot 1, RIVER HILLS ADDITION. according to the plat thereof recorded In Volume "D" of plats. Paste 99, records of Franklin County, Washington. K 9/9/2018 8:22:33 PM PDT 9/9/2018 8:27:35 PM PDT PE Ct3e DocuSign Envelope ID:7B65BA09-A499-4048-8668-FD838B975D5B Form 22A FINANCING ADDENDUM TOr(f.Copyright 2017 Financing Addendum Northwest Multiple Listing Service Rev.2/17 PURCHASE &SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 3 The following is part of the Purchase and Sale Agreement dated September 7, 2018 1 between Helidoro Carrillo, Nancy Elizondo-Carrillo ("Buyer") 2 Buyer Buyer and _ City of Pasco ("Seller") 3 Seller Se:ier concerning nka Dradie Street, Pasco, Washington 99301 (the"Property"). 4 Address City State Zip 1. LOAN APPLICATION/WAIVER OF CONTINGENCY. 5 a. Loan Application.This Agreement is contingent on Buyer obtaining the following type of loan or loans to 6 purchase the Property(the"Loan(s)"): ::. Conventional First; ❑Conventional Second; p Bridge; O VA; ❑FHA. 7 EUSDA; ❑Home Equity Line of Credit; ❑Other 8 (the "Financing Contingency"). Buyer shall pay® $ 60,000.00 ; or❑ %of the Purchase 9 Price down, in addition to the Loans Buyer shall make application for the Loans to pay the balance of the 10 Purchase Price and pay the application fee, if required, for the subject Property within days (5 11 days if not filled in) after mutual acceptance of this Agreement. For the purposes of this Addendum, 12 "application" means the submission of Buyer's financial information for the purposes of obtaining an extension 13 of credit including Buyer's name, income, social security number (if required), the Property address, purchase 14 price, and the loan amount. 15 b. Waiver of Financing Contingency. If Buyer (i) fails to make application for financing for the Property within 16 the agreed time; (ii) changes the type of loan at any time without Seller's prior written consent; or (iii) changes 17 the lender without Seller's prior written consent after the agreed upon time to apply for financing expires, then 18 the Financing Contingency shall be deemed waived. Buyer's waiver of the Financing Contingency under this 19 Paragraph 1(b) also constitutes waiver of Paragraph 7 (Appraisal Less Than Sales Price). For purposes of 20 this Addendum, "lender" means either the party to wnom the application was submitted or the party funding 21 the loan. 22 2. LOAN INFORMATION. 23 a. Seller's Request for Loan Information. At any time days (10 days if not filled in) after mutual 24 acceptance, Seller may give, once, a notice requesting information related to the status of Buyer's loan 25 application("Request for Loan Information"). NWMLS Form 22AL may be used for this notice. 26 b. Buyer's Loan Information Notice.Within days (3 days if not filled in) of receiving Seller's Request 27 for Loan Information, Buyer shall give notice of the status of Buyer's loan application ("Loan Information 28 Notice"). Buyer's notice shall be on NWMLS Form 22AP and shall include the date of application. the name 29 of lender, a list of the information that Buyer has provided to lender, and a warranty that Buyer has provided 30 all information requested by lender. 31 c. Failure to Provide Loan Information Notice. If Buyer fails to timely give to Seller a completed Loan 32 Information Notice, Seller may give the Right to Terminate Notice described in Paragraph 3 (Seller's Right to 33 Terminate)at any time after the date that the Loan Information Notice is due. 34 3. SELLER'S RIGHT TO TERMINATE. 35 a. Right to Terminate Notice.At any time days(30 days if not filled in)after mutual acceptance, 36 Seller may give notice that Seller may terminate the Agreement at any time 3 days after delivery of that notice 37 (the"Right to Terminate Notice"). NWMLS Form 22AR may be used for this notice 38 b. Termination Notice. If Buyer has not previously waived the Financing Contingency. Seller may give notice of 39 termination of this Agreement (the "Termination Notice") any time following 3 days after delivery of the Right 40 to Terminate Notice. If Seller gives the Termination Notice before Buyer has waived the Financing 41 Contingency, this Agreement is terminated and the Earnest Money shall be refunded to Buyer. NWMLS Form 42 22AR shall be used for this notice If not waived, the Financing Contingency shall survive the Closing Date. 43 c. Appraisal Less Than Sales Price. Buyer's waiver of the Financing Contingency under this Paragraph 3 0 will; 44 orE will not(will, if not filled in) constitute waiver of Paragraph 7 (Appraisal Less Than Sales Price). 45 kt 9/9/2018 8:22:33 Pm PDT 9/9/2018 8:27:35 PM PDT I Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Windermere Real Estate/Fri-Cities,329 North Kellogg Kennewick WA 99336 Phone(509)430-237e Fax Rob Ellsworth I)rndie Produced with zipFormei by ziplogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www:zepLogiz_com DocuSign Envelope ID 7B65BA09-A499-4048-8668-FD8388975D5B Form 22A ©Copyright 2017 Financing Addendum FINANCING ADDENDUM TO Northwest Multiple Listing Service Rev 2/17 PURCHASE &SALE AGREEMENT ALL RIGHTS RESERVED Page 2 of 3 Continued 4. LOAN COST PROVISIONS. Seller shall pay up to LI$ or❑ 0.000 % of the Purchase 46 Price ($0.00 if not filled in), which shall be applied to Buyer's Loan(s) and settlement costs, including prepaids, loan 47 discount, loan fee. interest buy down, financing, closing or other costs allowed by lender. That amount shall include 48 the following costs that lender is prohibited from collecting from Buyer: (a) up to $300.00 for Buyer's Loan(s) and 49 settlement costs for FHA/USDANA loans; and (b) Buyer's share of the escrow fee for a VA loan. Seller shall pay the 50 costs for(a)and(b), even if the amount agreed upon in this Paragraph 4 is insufficient to pay for those costs. 51 5. EARNEST MONEY. If Buyer has not waived the Financing Contingency, and is unable to obtain financing by 52 Closing after a good faith effort then, on Buyer's notice, this Agreement shall terminate. The Earnest Money shall 53 be refunded to Buyer after lender confirms in writing (a) the date Buyer's loan application for the Property was 54 made, including a copy of the loan estimate that was provided to Buyer; (b) that Buyer possessed sufficient funds 55 to close; and (c) the reasons Buyer was unable to obtain financing by Closing. If Seller terminates this Agreement, 56 the Earnest Money shall be refunded without need for such confirmation. 57 6. INSPECTION. Seller agrees to permit inspections required by lender, including but not limited to structural, pest, 58 heating, plumbing, roof, electrical, septic, and well inspections. Seller is not obligated to pay for such inspections 59 unless otherwise agreed. 60 7. APPRAISAL LESS THAN SALE PRICE. 61 a. Notice of Low Appraisal. If lender's appraised value of the Property is less than the Purchase Price, Buyer 62 may. within 3 days after receipt of a copy of lender's appraisal, give notice of low appraisal, which shall 63 include a copy of lender's appraisal. NWMLS Form 22AN may be used for the notices in this Paragraph 7. 64 b. Seller's Response. Seller shall,within 10 days after Buyer's notice of low appraisal, give notice of: 65 (i) A reappraisal or reconsideration of value, at Seller's expense, by the same appraiser or another appraiser 66 acceptable to lender, in an amount not less than the Purchase Price. Buyer shall promptly seek lender's 67 approval of such reappraisal or reconsideration of value. The parties are advised that lender may elect 68 not to accept a reappraisal or reconsideration of value; 69 (ii) Seller's consent to reduce the Purchase Price to an amount not more than the amount specified in the 70 appraisal or reappraisal by the same appraiser, or an appraisal by another appraiser acceptable to 71 lender, whichever is higher. (This provision is not applicable if this Agreement is conditioned on FHA, VA, 72 or USDA financing. FHA, VA, and USDA financing does not permit the Buyer to be obligated to buy if the 73 Seller reduces the Purchase Price to the appraised value. Buyer, however, has the option to buy at the 74 reduced price.); 75 (iii) Seller's proposal to reduce the Purchase Price to an amount more than the amount specified in the 76 appraisal and for Buyer to pay the necessary additional funds (the amount the reduced Purchase Price 77 exceeds the appraised value)to close the sale; or 78 (iv) Seller's rejection of Buyer's notice of low appraisal. 79 If Seller timely delivers notice of (i) reappraisal or, reconsideration of value: or (ii) consent to reduce the 80 Purchase Price to an amount not more than the amount specified in the appraisal, and lender accepts Seller's 81 response,then Buyer shall be bound by Seller's response. 82 c. Buyer's Reply. 83 (i) Buyer shall have 3 days from either Seller's notice of rejection of low appraisal or, if Seller fails to respond, 84 the day Seller's response period ends, whichever is earlier, to (a) waive the Financing Contingency; or (b) 85 terminate the Agreement. in which event the Earnest Money shall be refunded to Buyer. 86 (ii) If Seller proposes to reduce the Purchase Price to an amount more than the appraised value, Buyer shall 87 have 3 days to (a) accept and represent that Buyer has sufficient funds to close the sale in accordance with 88 this provision;or(b)terminate the Agreement, in which event the Earnest Money shall be refunded to Buyer. 89 Buyer's inaction during this reply period shall result in termination of the Agreement and return of the Earnest 90 Money to Buyer. The Closing Date shall be extended as necessary to accommodate the foregoing times for 91 notices. 92 Fv(, 9/9/2018 8:22:3314M PDT 9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm6'by zipLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 www ziDLosirccom Dradic DocuSign Envelope ID:7865BA09-A499-4048-8668-F0838B975D5B Form 22A FINANCING ADDENDUM TO ©Copyright 2017 Financing Addendum Northwest Multiple Listing Service Rev.2/17 PURCHASE&SALE AGREEMENT ALL RIGHTS RESERVED Page 3 of 3 Continued 8. FHANA/USDA - Appraisal Certificate. If this Agreement is contingent on Buyer obtaining FHA, VA, or USDA 93 financing, notwithstanding any other provisions of this Agreement, Buyer is not obligated to complete the 94 purchase of the Property unless Buyer has been given in accordance with HUD/FHA, VA, or USDA requirements 95 a written statement by FHA, VA, USDA or a Direct Endorsement lender, setting forth the appraised value of the 96 Property (excluding closing costs). Buyer shall pay the costs of any appraisal. If the appraised value of the 97 Property is less than the Purchase Price, Paragraph 7 above shall apply. 98 Purpose of Appraisal. The appraised valuation is arrived at only to determine the maximum mortgage FHA, VA, 99 or USDA will insure. FHA, VA, or USDA do not warrant the value or the condition of the Property. Buyer agrees 10 100 satisfy himself/herself that the price and condition of the Property are acceptable. 101 9. EXTENSION OF CLOSING. If, through no fault of Buyer, lender is required by 12 CFR 1026 to give corrected 102 disclosures to Buyer due to (a) a change in the Annual Percentage Rate ("APR") of Buyer's Loan(s) by .125% or 103 more for a fixed rate loan or .250% or more for an adjustable rate loan; (b) a change in the loan product; or (c) the 104 addition of a prepayment penalty, then upon notice from Buyer, the Closing Date shall be extended for up to 4 days 105 to accommodate the requirements of Regulation Z of the Truth in Lending Act. This paragraph shall survive Buyer's 106 waiver of this Financing Contingency. 107 I 9/9/2018 8:22:31- M PDT 9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 yywwzicLoyix Com (haiiic DocuSign Envelope ID 7B65BA09-A499.4048.8668-FD838B975D5B Form 22K ©Copyright 2014 Identification of Utilities Addendum IDENTIFICATION OF UTILITIES Northwest Multiple Listing Service Rev 5114ADDENDUM TO PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 1 The following is part of the Purchase and Sale Agreement dated September 7, 2018 1 between Helidoro Carrillo, Nancy Elizondo-Carrillo ("Buyer) 2 Buyer Buyer and City of Pasco ("Seller") 3 Seller Seller concerning nka Dradie Street, Pasco, Washington 99301 (the"Property"). 4 Address City State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT' City of Pasco 8 Name 9 Address 10 City,State,Zip Fax.No. SEWER DISTRICT: 11 Name 12 Address 13 City,State,Zip Fax.No. IRRIGATION DISTRICT 14 Name 15 Address 16 City,State,Zip Fax.No GARBAGE: Basin Disposal 17 Name 18 Address 19 City.State,Zip Fax.No. ELECTRICITY. Franklin PUD 20 Name 21 Address 22 City,State,Zip Fax.No. GAS. 23 Name 24 Address 25 City,State,Zip Fax.No. SPECIAL DISTRICT(S). 26 (local improvement districts or Name utility local improvement districts) 27 - Address 28 City.State.Zip Fax No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 3332 addresses of the utility providers identified by Seller. Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 36 to insure payment of, Seller's utility charges. �'H�' 9/9/2018 8:22:33 PMNeDT 9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date H urd,rmer,'xrnl Nr to 1'n-(Yu Y.325 North K ilorg Kennetwck w A 991u. Phon<(SCO)430-2378 Fa> Drab: Koh I Ikw+nh Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser.Michigan 48026 y_/ww_zioL9gix corn DocuSign Envelope ID:7B65BA09-A499-4048-8668-FD838B975D5B Form 35E ©Copyright 2015 Escalation Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated September 7, 2018 1 between Helidoro Carrillo, Nancy Elizondo-Carrillo ("Buyer") 2 Buyer Buyer and City of Pasco ("Seller") 3 Seler Seller concerning nka Dradie Street, Pasco, Washington 99301 (the"Property"). 4 Address City State lip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer (the "Competing Offer"). This Addendum does 6 not assure that the Competing Offer used to establish your purchase price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property. You are further advised that Seller or 8 Seller's broker(s)may disclose the terms of your offer, including this Addendum,to others. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to$500.00 more than the Net Price of the Competing Offer. In no event, however,shall the 12 new purchase price of this offer exceed$ 130,000.00 . The term "Net Price" means the stated purchase 13 price (or the maximum price if the Competing Offer contains a price escalation clause) less any price adjustments 14 such as credits to Buyer for closing costs. 15 2. COMPETING OFFER. A Competing Offer must be a bona fide, arm's length, written offer on NWMLS or similar 16 forms, containing all material terms necessary for an enforceable agreement which (a) requires the full purchase 17 price to be paid in cash at closing;(b)provides for closing no later than 45 days (60 days if not filled in) 18 from the date of this offer; and (c) is not contingent on the sale of the buyer's property (i.e. no NWMLS Form 22B 19 or equivalent). A Competing Offer may include other conditions, such as a buyer's pending sale of property 20 contingency(i.e. NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. Seller's escalation of this offer shall not be effective unless it is accompanied 22 by a complete copy of any Competing Offer used to escalate the purchase price, including any escalation 23 provision. 24 4. NEW PURCHASE PRICE WORKSHEET. The following formula is provided to assist the parties in calculating the 25 new purchase price. The worksheet can only be completed when the purchase price of the Competing Offer is 26 known. The accuracy or completeness of the calculation shall not render this Agreement unenforceable, and to 27 the extent the following calculations are inconsistent with the escalation provisions above, the escalation 28 provisions shall control. 29 Purchase Price of Competing Offer $ 130,000 30 (or the maximum purchase price of the Competing Offer if it contains an escalation provision) Less Credits to Buyer in Competing Offer $ 0 31 Competing Offer Net Purchase Price $ 130,000 32 Plus Escalation Amount(this offer) $ 33 Plus Any Credits to Buyer(this offer) $ 34 130,000 35 New Purchase Price(this offer) $ wC 9/9/2018 8:22:33(04 PDT 9/9/2018 8:27:35 PM PDT Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Windermere Real EswteIl'ri-Cities,329 North Kellogg Kennewick WA 99336 Phone.(509)430-2378 Fax Rob Ellsworth Dnhhr Produced with zeFornitie by zipt.ogix 18070 Fifteen Mile Road.Fraser.Michigan 48026 www ziologo' y'n DocuSign Envelope ID.BDD6F9B8-D24C-48AE-96C8-56E3F6307768 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev 7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated September 7, 2018 1 between Helidoro Carrillo, Nancy Elizondo-Carrillo ("Buyer") 2 and __ City of Pasco ("Seller") 3 concerning nka Dradie Street, Pasco, Washington 99301 (the"Property"). 4 IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Purchase to be all cash with no financing contingency. 6 7 Lot sale to be subject to deed restriction that will prevent lot from being 8 subdivided. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TE ,'+ND CONDITIONS of said Agreement remain unchanged. 31 t , f---DS 9/18/2018 12:35:28 PM PDT Initials. BUYER: , IVE, Date: 9/18/2018 12:31$A3LWroT Date: BUYER: .. Date: SELLER: Date: Windcrmcre Real l'.statc1Fri-Cities.329 North Kellogg Kennewick WA 99336 Dradie 'bona,150914i0-2378 Fax Rob Eliswomit Produced with zipForrnZi by zipLogix 18070 Fifteen Mile Road.Fraser.Michigan 480261K 86Y.not oaix com