HomeMy WebLinkAboutCAG2000-0385 - Original - Linda and Robert Herman - Purchase of Property at 20419 100th Ave SE, Kent - 06/15/2000 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN
THE CITY OF KENT AND LINDA AND ROBERT HERMAN
This contract controls the terms of the sale of real property.
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Ave. South, Kent, Washington 98032,
('BUYER"), and Linda and Robert Herman, whose mailing address 20419-1001h Avenue
SE, Kent, WA 98031 ("SELLER"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be the
north .68 acres of 20419-100`h Avenue SE, Kent, Washington 98031 and which Property
is legally described in Exhibit B, attached hereto and incorporated herein by this reference.
A map indicating the location of the Property is also attached as Exhibit C, incorporated
herein by this reference.
2. EARNEST MONEY. Received from the Buyer, Ten Thousand Dollars and Noll 00
($10,000.00) in the form of a Purchase Order as earnest money and part payment on the
purchase price of the following described real estate.
3. PURCHASE PRICE. The total purchase price for the Property is Seventy Thousand
Dollars and Noll 00 ($70,000.00), including earnest money, payable on closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyers review and approval of the title report on the property prior to Closing.
(c) A Feasibility Study as follows:
(1) Buyer shall have ten (10) days from the date of mutual acceptance of
this Agreement to determine, in Buyer's sole and absolute discretion, if the
Real Property is feasible for investment and/or development by Buyer.
(2) If Buyer fails to notify Seller of its approval of the Real Property, in
writing, on or before the expiration of the feasibility period, then this
Agreement shall be terminated, and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the Earnest Money
held in Pacific Northwest Title, by Buyer to Seller shall be immediately
returned to Buyer. Buyer agrees to return the Real Property to its original
state (i.e., fill all boring holes, etc.).
Contracts/Purchase & Sale Agreement 1 of 6 05/18/00
Herman, Linda and Robert
(3) Buyer's feasibility study may include (but is not limited to), Phase I
environmental assessment.
(4) Buyer's satisfaction of the sale conditioned of the subject property
through an environmental study as follows:
(i) Buyer shall have 10 days from the date of mutual acceptance
of this Agreement to conduct Phase I environmental investigation of
the property;
( ) Buyer agrees 19 duct its study at its sole cost and expense
J�1 annd shall be liable toWor any property damage to the property
/ arising out of the negligence of Buyer or its designated agent while
/`I� • conducting its feasibility study; and
(iii) In the event of discovery of an environmental condition on the
property prior to closing, either Seller or Buyer may, at its sole option,
terminate this Agreement.
(5) Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency on or
before the expiration of the feasibility period, then Buyer also agrees, if
requested by Seller, to deliver to Seller copies of all information and
documentation obtained by Buyer in connection with its feasibility study.
(d) Approval of lot line adjustment by City of Kent.
Should any of the contingencies set forth above not be met prior to closing, then this
Agreement shall terminate, except neither Buyer nor Seller shall have any further rights,
duties, or obligations hereunder, except that the Earnest Money held in Pacific Northwest
Title by Buyer to Seller shall be immediately returned to Buyer, except that Buyer shall
remain obligated to return the property to its original condition and remain liable for any
property damage arising out of or in connection with Buyer or Buyer's agent's act or
omissions in conducting the environmental study.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be
conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
Contracts/Purchase & Sale Agreement 2 of 6 05/18/00
Herman, Linda and Robert
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, 116
Washington Ave. North, Kent, Washington 98032-0864, to issue an extension from owner's
policy of title insurance to Buyer in an amount equal to the total purchase price of the Real
Property, and insuring the real Property be discharged by Seller shall be paid from Seller's
funds at Closing. 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.
If title cannot be made so insurable prior to the Closing date called for herein, unless,
Buyer elects to waive such defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees that are expressly limited by Federal
Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current
year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other
utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE
ESSENCE FOR THIS AGREEMENT, this sale shall be closed by June 30, 2000 or within
fifteen (15) days of recording of lot line adjustment, which shall also be the termination date
of this agreement unless said closing date is extended in writing by mutual agreement of
the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with
Great American Escrow, Jean Johnson, 1814 South 3241h Place, Suite A, Federal Way,
WA 98003, all instruments and monies required to complete the transaction in accordance
with this agreement. Closing, for the purpose of this agreement, is defined as the date that
all documents are executed and the sale proceeds are available for disbursement to the
Seller.
9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the
Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property and yard in present or better condition
until time of agreed possession,
(b) that he/she has no knowledge or notice from any governmental agency of
any violation of laws relating to the subject property
except:
(c) that the property is not encumbered by any leases.
Contracts/Purchase & Sale Agreement 3 of 6 05/18/00
Herman, Linda and Robert
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the
best of his/her knowledge that he/she is not aware of existence of, or has caused or
allowed to be caused, any environmental condition during Seller's ownership of the
Property (including, without limitation, a spill, discharge or contamination) that existed as
of and/or prior to the closing date or any act or omission occurring prior to the closing date,
the result of which may require remedial action pursuant to any federal, state or local law
or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Seller's
obligation for breach of a representation or warranty as may be set forth herein. The
limitation period for filing claims shall be consistent with applicable statutory and common
law limitations period.
13. SELLER'S INDEMNITIES. Seller agrees to indemnify and hold harmless the Buyer,
against and in respect of, any and all damages, claims, losses, liabilities, judgments,
demands, fees, obligations, assessments, and expenses and costs, including, without
limitation, reasonable legal, accounting, consulting, engineering and other expenses which
may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party
or parties (including, without limitation, a governmental entity), arising out of or in
connection with any environmental condition existing as of and/or prior to the closing date,
including the exposure of any person to any such environmental condition, regardless of
whether such environmental condition or exposure resulted from activities of Seller or
Seller's predecessors in interest. "Except for liability arising from activities of Seller prior
to the sale of the subject property or any liability imposed upon Seller arising under
CERCLA or MTCA by any governmental agency."
This indemnity shall survive the closing and be in addition to Seller's obligation for breach
of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S SOLE
REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE
LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE
BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES
LIQUIDATED DAMAGES: AND SO AS TO AVOID OTHER COSTS AND
EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL
LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND SELLER
BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY.
c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees.
Contracts/Purchase & Sale Agreement 4 of 7 06/14/00
Herman, Linda and Robert
l
15. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR
REPRESENTATION OF ANY KIND that this form, or any of its provisions, is intended to
meet the factual and legal requirements of a particular transaction, or that it accurately
reflects that laws of the State of Washington at the time you enter the agreement. THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU
ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL
REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part,
consult your Attorney before signing.
16. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force
and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall be in writing
and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
John Hodgson, Director
Parks and Recreation Department
220 4th Avenue South
Kent, Washington 98032-5895
(b) All notices to be given to Seller shall be addressed as follows:
Linda and Robert Herman
20419-100`" Avenue SE
Kent, WA 98031
Either party hereto may, by written notice to the other, designate such other address for
the giving of notices as being necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on the
third day following the day such notice is mailed in accordance with this paragraph.
18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal
or other agreements that modify this agreement.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties
hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction-
Contracts/Purchase & Sale Agreement 5 of 6 05/18/00
Herman, Linda and Robert
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date
of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
21. EXPIRATION OF OFFER. Buyer shall have only until 5:00 P.M. on May 31, 2000
to accept the purchase and sale agreement as written, by delivering a signed copy thereof
to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said
period, this agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth below.
BUYER: SELLERS:
THE ;OF'KEVNTV Linda andRobert HermannBy: B��'7 �- �
J' White Linda Herman
Its: Mayor/ Its: Owner
Dated: Dated: 5�3�
By:
Robert Herman'
Its: Owner
i
Dated: S / �U
APPROVED AS TO FORM: ATTEST: Q
LL�mit_ 10cta.J""�
r�-Btebaker, Kent Cityeada daee�efi Kent City Clerk��pury
30AWA SuJAlJ
Contracts/Purchase & Sale Agreement 6 of 6 05/18/00
Herman, Linda and Robert
Exhibit A
NMU forth Ne.11 O raPY%ht 1996
WAR FR Na 0-5 NO .,MWECIe U,N Sa
Rrv.7196 REAL PROPERTY TRANSFER DISCLOSURE STATENIENTt • L RIGHTS RESERVED
P'.I of S Pa9u
t To be used in transfers of residential real property,including multi-family dwellings up to four units; new construction;condominiums not 1
subject to a public offering statement,and certain timeshares. See RCW 64.06 for further explanations. 2
INSTRUCTIONS TO THE SELLER 3
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write"NA". If the 4
answer is"yes"to any asterisked(•)item(s),please explain on attached sheets. Please refer to the line number(s)of the question(s)when you 5
provide your explanation(s). For your protection you must date and initial each page of this disclosure statement and each attachment. Delivery 6
of the disclosure statement must occur not later than rive (5) business days, unless otherwise agreed, after mutual acceptance of a written 7
purchase and sale agreement between Buyer and Seller. 6
NOTICE TO THE BUYER 9
THE FOLLOW1 (SCLOSURES ARE' ADE B)C3'HE SELL S),CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT io
('sue 1_^ I/R r ,J"'. 11
CITY ,COUNTY -mot-- ("THE PROPERTY") OR AS LEGALLY DE- 12
SCRIBED ON HE ATTACHED EXHIBIT A. DfSC1 OSI rRFq r6NTAINEINA THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF 13
SELLER'S ACTUAL KNOWLEDGE OFTHE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BYTHE SELLER. YOUHAVE 14
THREE(3) BUSINESS DAYS (UNLESS BUYER.AND SELLER AGREE OTHERWISE) FROM THE SELLER'S DELIVERY OF THIS SELLER'S 15
DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF 16
RESCISSION TO THE SELLER.UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A PURCHASE AND SALE AGREEMENT. 17
THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LIC- is
ENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN 19
AGREEMENT BETWEEN THE BUYER AND THE SELLER. 20
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN 21
AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF,FOR EXAMPLE.ARCHI- 22
TECTS.ENGINEERS.LAND SURVEYORS.PLUMBERS.ELECTRICIANS.ROOFERS.BUILDING INSPECTORS,OR PEST AND DRY ROT 23
INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF 24
THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY AD. 25
VICE.INSPECTION.DEFECTS OR WARRANTIES. 26
Seller❑is/Xis not occupying the property. 27
L SELLER'S DISCLOSURES: 28
'If you answer"Yes"to a question with an asterisk(•),then attach a copy or explain. If necessary,use an attached sheer. 29
I. TITLE YES NO DON'T 30
f' KNOW 31
A. Do you have legal authority to sell the property? y( ❑ ❑ 32
'B. Is tide to the property subject to any of the following? ,.;r 33
(I) First right ofrefusal Cl M� ❑ 34
(2) Option Q ❑ 35
(3) Lease or renmi agreement - Cl Q{ ❑ 36
(4) Life estate ❑ (f ❑ 37
*C. Are there any encroachments,boundary agreements,or boundary disputes? Q 0( ❑ 38
•D. Are there any rights of way,easements,or access limitations that may affect the Q ❑ 39
owner's use of the property? aD
•E. Are there any written agreements for joint maintenance of an easement or right of way? ❑ ❑ 41
•F. Is there any study,survey project,or notice that would adversely affect the property? ❑ ( ❑ 42
•G. Are there any pending or existing assessments against the property? cl Q 43
•H. Are these any zoning violations,nonconforming uses.or any unusual restrictions on the ❑ Q 4A
subject property that would affect future constructionor remodeling? 45
SELLER'S INITIAL: DATE: J �J t SELLER'S INITIAL: DATE.'-5O CG i 46
"MILS Farm No.17 ecopyright 19%
WAAL F..No.D-S Nmmwyt MMGpIs Listing SHviCi,
Rsv. 7796 ALL RIGHTS RESERVED
Psgs 2 o/S Pagn
YES NO DON'T 47
ILNOW 48
'I. Is there a boundary survey for the property? ❑ ❑ 49
'1. Are there any covenants,conditions,or restrictions which affect the property? ❑ �( ❑ 50
?. WATER � 51
A. Household Water 52
(I) The source of the ate,is Public Q Community ❑Private ❑Shared 53
(2) Water source information: 54
`a. Are there any written agreements for shared water source? ❑ ❑ 55
'b. Is there an easement(recorded or unrecorded) for access to and/or maintenance of ❑ ❑ 56
the water source? 57
•c. Are any known problems or repairs needed? ❑ ❑ 58
'd. Does the source provide an adequate year round supply of potable water? Q ❑ ❑ 59
-(3) Are there any water treatment systems for the property? ❑Leased ❑Owned VIP ❑ ❑ 60
B. Irrigation /�//� 61
(1) Are there any water rights for the property'? /{J/� ❑ ❑ ❑ 62
•(2) If they exist-to your knowled°&c h ve the water n s been used during the last ❑ ❑ ❑ 63
five-year period? V 64
'(3) o so.is the,pedt' tf.Fe avatlablM d //�� ❑ Q Q 65
fib
C. Outdoor S rinnKK1/l'rr r m V/�[// A / /q
(I) Is there an outdoor sprinkler system for the property? "� Q ❑ ❑ 87
0(2) Are there any defects in the outdoor sprinkler system? ( ///yam ❑ ❑ ❑ 68
3. SEWER/SEPTIC TANK SYSTEM 69
A. The property is served by: 70
❑Public sewer m Q e is tank sys Q Other isposal system / 71
'
(describe) 0 1. C
�� 72
B. If the property is sere �ubll,,CrZ'
'c o commurtiry sewer main.is the house connected ❑ ❑ ❑ 73
to the main? �,j�(,j�I}- 74
C, Is the property cuacrul) 'a sewer ca4andas'
? {'U /t /�'nj., Q ❑ Q 75
D. If the property is connected m a septic tank sy / / 76
(I) Was a permit issued for its construction, roved by the city or county Q Q ❑ 77
following its construction? 78
(2)When was it last pumped? _ 79
'(3) Are there any defects in the operation of the Sept c tank system? ❑ Q ❑ 80
(4)When was it last inspected? , l9_ ❑ 81
By whom: 82
(5) How many bedrooms was the septic tank system roved for? bedrooms f1 83
•E. Are any plumbing fixtures.in luding laundry drain,nat connected to the septic taak/sewer Q ❑ ❑ 84
system? 85
If not explain: /J 86
OF. Are you aware of any changes or repairs to the septic tank system? /V ❑ ❑ Q 87
G. Is the septic tank system,including thq d in el ocated entirety within the botmdaries of ❑ Cl Q 88
the property? /x�l/ 89
4. STRUCTURAL 90
•A. Has the roof leaked? -r f ,y Q Q ❑ 91
If yes,has it bjifn repl6rok N Y"` Q ❑ Q 92
SELLER'S INITIAL: r DA 2 SELLER'S INITIAL: DATE: r 30 93
NWM44 Fetm N..t7 Zl copy-ght 1996
W.A.R.F.. No.0.5 NaMWaat MWlipl.UUng S.ma
R.v. rro! ` /� ALL RIGHTS RESERVED
R., ]al!Pa9.a I/q(//�/�///
YES NO DON'T 94
KNOW 95
'B. Have there been any conversions,add' or remodeling? ❑ ❑ ❑ 96
'(I) If yes,were all building permits bt tied? ❑ O ❑ 97
'(2) If yes,were all final inspections obt ed? ❑ ❑ ❑ 98
C. Do you know the age of the house? If yes, ear of original ❑ ❑ ❑ 99
construction: 100
'D. Do you know of any settling.slippage,or sli ing of either the house or other structures/ ❑ ❑ tOt
improvements located on the property? If ye ,explain: tat
'E. Do you know of any defects with the tollowin : (Please check applicable items) ❑ ❑ �� 703
Cl Foundations ❑ Decks ❑ Exterior Walls 104
❑ Chimnevs ❑ Interior Wall ❑ Fire Alarms 105
❑ Doors ❑ Windows ❑ Patios - 106
❑ Ceilines ❑ Slab Floors ❑ Driveways 107
❑ Pools ❑ Hot Tub ❑ Sauna 108
Cl Sidewalks Cl Outbuildings ❑ Fireplaces 109
❑ Garage Floors Cl Walkways ❑ Wood Stoves 110
❑ Other ill
'F. Was a pest or dry rot,structural or"whole house"in pection done?When and by ❑ ❑ ❑ 112
whom was the inspection completed? 113
114
'G. Since assuming ownership,has your property had a p blem with wood destroying ❑ ❑ ❑ 115
organisms and/or have there been any problems with p 't control,infestations,or vermin? 116
5. SYSTEMS AND FIXTURES 117
If the following systems or fixture arei d d with the transfer,do they have any existing 118
defects: 119
'A. Electrical system,including wiring,s itches,outlets,and service ❑ ❑ ❑ 120
'B. Plumbing system,including pipes,fau ts,fixtures,and toilets ❑ ❑ ❑ 121
'C. Hot water tank ❑ Cl ❑ 122
'D. Garbage disposal ❑ ❑ ❑ 123
'E. Appliances ❑ ❑ ❑ 124
'F. Sump pump ❑ ❑ ❑ 125
'G. Heating and cooling systems ❑ ❑ Cl 126
'H. Security system ❑Leased ❑Owned ❑ ❑ ❑ 127
'I. Other 128
6. COMMON INTEREST 129
A. Is there a Home Owners' Association? ❑ ❑ 130
Name of Association 131
B. Are there regular periodic assessments? J'(^/ ❑ ❑ ❑ 132
$ per ❑month ❑years '1 ' 133
❑Other 1 134
'C. Are there any pending special assessments? ❑ ❑ ❑ 136
'D. Are there any shared"common areas"or any joint matnte a ggre meets(facilities ❑ ❑ ❑ 136
such as walls,fences,landscaping,pools,tennis coups,w ay other areas 137
- co-owned in undivided interest with others)? Q(� 138
SELLER'S tNMAL DATE: o 3 SELLER'S INITIAL: "'" ' DATE: �5_ OAP_ 139
M LS Farm Me.IT t�.r y J / 0 capynght 1994
WAR Form N.0-1 C, c^ Na ..t MWEPN Wi gsem
Ree. /�/ 1 �f( 1 O ALL RIGHTS RESERVE[?
Paye4.f o{Pf3Pa9 � O
YES NO DON'T 140
�ti l KNOW 141
7. GENERAL 142
'A. Is there any settling,soil. landing water,or drainage problems on the property? ❑ ❑ ❑ 143
OB. Does the property contain fill material? ❑ ❑ 1"
*C. Is there any material damage to the property of any of the structure from tire.wind, floods. C3 145
beach movements,earthquake,expansive soils,or landslides? 146
D. Is the property in a designated flood plain? ❑- ❑ 1$( 147
E. Has the local(city or county)planning agency designated your property as a Cl ❑ 148
"frequently flooded area"? 149
*F. Are there any substances,materials,or products that may be an environmental hazard such ❑ ❑ 150
as,but not limited to,asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical 151
storage tanks,and contaminated soil or water on the subject property? 152
*G. Are there any tanks or underground storage tanks(e.g..chemical,fuel,etc.)on the ❑ ❑ 153
property? 154
*H. Has the property ever been used as an illegal drug manufacturing site? ❑ ❑ 155
S. LEAD BASED PAINT(Applicable if the house was built before 1973.) se 'l/F
156
A. Presence of lead-based paint and/or 1 d-bazed paint hazards(check 157
❑ Known lead-based pain[and/or 1 bazed paint hazards are present in the housing 158
(explain). 159
160
Cl Seller has no knowledge of lead-based paint d/or lead-based paint hazards in the housing. 161
B. Records and reports available to the Seller(check o below): 162
❑ Seller has provided the purchaser with all availab records and reports pertaining to 163
lead-based paint and/or lead-based paint hazards in a housing (list documents below). 164
165
166
❑ Seller has no reports or records pertaining to lead-based p t and/or lead-based paint hazards 167
in the housing. - 168
9. FULL DISCLOSURE BY SELLERS 169
A. Other conditions or defects: 170
-Are there any other material defects affecting this property or its value that a prospective ❑ � ❑ 171
buyer should know about? 172
B. Verification 173
The foregoing answers and attached explanations(if any)are complete and correct to the best of Seller's knowledge and Seiler has 174
received a copy hereof. Seller agrees to defend,indemnify and hold real estate licensees harmless from and against any and ad claims 175
that the above information is inac orate. Seller authorizes real estate licensees,if any,to deliver a copy of this disclosure statement to 175
other real estate Bee es and /prospective buyers of the Property. 177
Date: /"/ Date: 178
Seller. Seller. 179
13ies/ 180
SELLER'S INITIAL: DATE: 410
4 SELLER'S INITIAL[/' ' DATE
NW Farm Na 17 0cepyright 19"
WAR I.Na 65 Nore 9 MWCpIs W Wg S.Mpe
Rev. TN{ ALL RIGHTS RESERVED
Paq.5 of 5 Pag.a
II. BUYER'S ACK,NOWLEDGEINIENT 181
A. Buyer acknowledges the duty to pay diligent attention to any material defects whichare known to Buyer or can be known to Buyer by 182
utilizing diligent attention and observation. 183
B. Buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made 184
only by the Seller and not by any real estate licensee or other parry. Buyer acknowledges that,pursuant to RCW 64.06.050(2).real 185
estate licensees are not liable for inaccurate information provided by Seller.except to the extent that real estate licensees know of such 186
inaccurate information. This information is for disclosure only and is not intended to be a part of the written agreement between Buyer 187
and Seller. - lea
C. Buyer(which term includes all persons signing the"Buyer's acceptance"portion of this disclosure.statement below)hereby acknow. 189
ledges receipt of a copy of this disclosure statement(including attachments,if any)bearing Seller's signature(s). 190
D. If the house was built prior to 197S,Buyer acknowledges receipt of the pamphlet Protect Your Familv From Lead in Your Home. 191
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOW- 192
LEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU.THE BUYER. HAVE THREE (3) BUSINESS DAYS (UNLESS 193
OTHERWISE AGREED) FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR 194
AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS 195
YOU WAIVE THIS RIGHT OF RESCISSION. 796
BUYER HEREBY ACKNOWLEDGES RECEIPT OFA COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENTAND 197
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY.AND NOT OF ANY REAL ES- 198
TATE LICENSEE OR OTHER PARTY. 199
DATE: DATE: 200
BUYER: BUYER: 201
BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 202
Buyer has read and reviewed the Seller's responses to this Real Property Transfer Disclosure Statement. Buyer approves this statement and 203
waives Buyer's right to revoke Buyer's offer. 204
DATE: DATE: 205
BUYER: BUYER: 206
BUYER'S WAIVER OF RIGHTTO RECEIVE COMPLETED REAL PROPERTY TRANSFER DISCLOSURE STATEMMNT 207
Buyer has been advised of Buyers right to receive a completed Real Property Transfer Disclosure Statement. Buyer waives that right 208
DATE: DATE: 209
BUYER: BUYER: 210
If the answer is"Yes'to any aste isked(')items,please explain below(use additional sheets if necessary). Please refer to the line number(s)of 211
the question(s). 212
213
214
215
216
217
218
219
=0
SELLER'S INMAA_ . DATE.5 a �� 5 SELLER'S INITIAL-7k<"' m DATE: 0e;1 221
SELLER'S DISCLOSURE ADDENDUM
THIS AGREEMENT A CTS YOUR LEGAL RIGHTS. YOU ARE ADVISED TO SEEK LEGAL ADVICE BEFORE SIGNING.
Yes No Don't
Know
1. Is the st cture sid with Oriented Strand Board Sidi g any ❑ ❑ ❑
other manufactured composite siding?
2. If yes, have you had the siding inspected? (Attach a�006�oany ❑ ❑ ❑
report received.) /a'�
3. If yes to question #1, do you have a copy of the w' ar n ? ❑ ❑ El4. If yes to question#1, have you made a warranty clai �cipated ❑ ❑ ❑
in any claim process?
Explain:
-JUI��
Selr r � Date. Sell . L LLB --Date: Jr o' crL
Acknowledgment of Receipt
Buyer hereby acknowledges receipt of this Addendum and acknowledges that the disclosures made in this
Addendum are made by the Seller only,and not by any real estate licensee or other parry.
Buyer. Date: Buyer. Date:
Waiver of Right to Revoke Offer
Buyer has read the Seller's disclosures set forth in this Addendum and hereby waives the right to revoke Buyer's
Offer based on disclosures made in this Addendum. This waiver shall not affect any other contractual or legal right
Buyer may have.
Buyer. Date: Buyer. Date:
Wridemere
SDA 9195
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LEGAL DESCRIPTION FOR HERMAN PROPERTY Exhibit B
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12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the
best of his/her knowledge that he/she is not aware of existence of, or has caused or
allowed to be caused, any environmental condition during Seller's ownership of the
Property (including, without limitation, a spill, discharge or contamination) that existed as
of and/or prior to the closing date or any act or omission occurring prior to the closing date,
the result of which may require remedial action pursuant to any federal, state or local law
or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Seller's
obligation for breach of a representation or warranty as may be set forth herein. The
limitation period for filing claims shall be consistent with applicable statutory and common
law limitations period.
13. SELLER'S INDEMNITIES. Seller agrees to indemnify and hold harmless the Buyer,
against and in respect of, any and all damages, claims, losses, liabilities, judgments,
demands, fees, obligations, assessments, and expenses and costs, including, without
limitation, reasonable legal, accounting, consulting, engineering and other expenses which
may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party
or parties (including, without limitation, a governmental entity), arising out of or in
connection with any environmental condition existing as of and/or prior to the closing date,
including the exposure of any person to any such environmental condition, regardless of
whether such environmental condition or exposure resulted from activities of Seller or
Seller's predecessors in interest. "Except for liability arising from activities of Seller prior
to the sale of the subject property or any liability imposed upon Seller arising under
CERCLA or MTCA by any governmental agency."
This indemnity shall survive the closing and be in addition to Seller's obligation for breach
of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S SOLE
REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE
LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE
BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES
LIQUIDATED DAMAGES: AND SO AS TO AVOID OTHER COSTS AND
EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL
LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND SELLER
BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER SHALL
HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY.
to r a�ucicv?
4
(c) Attorneys Fees and Costs. In the event of '�to enforce any of the Id
terms or provisions herein, s.
! /myhoy 7l e� �c��✓/ fJel
Contracts/Purchase & Sale Agreement 4 of 6 05/18/00
Herman, Linda and Robert