135-22 - Roland & Roland - Contract Amendment 2DocuSign Envelope ID: D36433A9-100A-4979-AEF7-052E7BFOBA30
AMENDMENT 2 TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Amendment 2 to the Real Estate Purchase and Sale Agreement between
ROLAND & ROLAND, a Washington general partnership ("Seller") and the CITY OF PORT
ORCHARD, a Washington municipality ("Buyer") (together, "Parties"), dated December 13,
2022 (the "Agreement"), with this Amendment 2, effective as of the date of mutual
execution ("Amendment"), amends the terms of the Agreement as set out herein.
WHEREAS, the temporary construction easement executed by Seller to the
Washington State Department of Transportation has been recorded and has been identified
the Supplemental 1 to the Second Commitment, order # E2022-421156, as a special
exception to the Title Commitment; and
WHEREAS, in accordance section 3.2 of the Agreement, the Buyer has the right to
disapprove an exception identified in an update to the Title Commitment;
WHEREAS, to maintain the schedule to close on the Property, which will occur before
the expiration of the period in which the Buyer has a right to disapprove of the exception, the
Parties wish memorialize that the Buyer is accepting PARAGRAPH 23 TO SCHEDULE B,
PART II, SPECIAL EXCEPTIONS to the Title Commitment as a Permitted Exception;
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are
acknowledged, Seller and Buyer amend the terms of the Agreement as follows:
1. Waiver. In accordance with Section 3.2, the Buyer waived the 5 business day
period in which to review the Supplemental 1 to the Second Commitment E2022-421156 and
agrees to accept PARAGRAPH 23 TO SCHEDULE B, PART II, SPECIAL EXCEPTIONS,
contained in Supplemental 1 to the Second Commitment, order # E2022-421156 as a
Permitted Exception.
2. No Other Changes. Except as provided in this Amendment 2 and the
previous amendment extending the period in which to close the Agreement, the Agreement
is otherwise unmodified and continues in full force and effect as written.
3. Counterparts. This Amendment 2 may be executed in counterparts and
transmitted via facsimile or electronic mail, all of which taken together will constitute one and
the same instrument, and any party executing this Amendment may do so by signing any
such counterpart.
SELLER:
R i,,,AND ROLAND GENERAL PARTNERSHIP DocuSigned by:
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Roland Family Investments LLC Roland Partners LLC
By: Kendall H. Moore By: Alexander W. Roland
Its: ManaM4/2023 Its: Manager/26/2023
Date: Date:
BUYER:
III QEdeQRT ORCHARD, WASHINGTON
l�arMI PImunicipality
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Rob Putaansuu
Mayor, City of Port Orchard
Date 1/2472023
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Amendment 2 to PO/RR PSA
DocuSign Envelope ID: D36433A9-100A-4979-AEF7-052E7BFOBA30
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Amendment 2 to PO/RR PSA