HomeMy WebLinkAboutPK04-274 - Original - David N. & Mary L. Uhler - Real Estate Purchase of Parcel Numbers 2522049008 & 2522049022 - 06/14/2004 ecords M eme
KENT Document
WASHiNGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Vendor Number:
JD Edwards Number
Contract Number Oq ' �7
This is assigned by Deputy City Clerk
Description:
Detail:
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager.��u'' ` `� Department: PCX,
Abs t:
S Pubwc\RecordsManagement\Forms\ContractCover\ADCL7$32 07/02
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION BETWEEN THE CITY OF KENT
AND DAVID N. AND MARY L. UHLER
This contract controls the terms of the sale of real property.
(Please read carefully before signing)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895,
('Buyer"), and DAVID N. and MARY L. UHLER ("Seller"), whose mailing address is 16515
Auburn-Black Diamond Road SE, Auburn, Washington 98092, 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 known as King County tax parcel
numbers 2522049008 and 2522049022, located at 25000 Hawley Road, Kent, Washington 98032
and legally described in Exhibit A,attached and incorporated by this reference(the"Property"). A
map indicating the location of the Property is also attached as Exhibit B, incorporated by this
reference.
2. EARNEST MONEY. Received from the Buyer, Fifteen Thousand Dollars and
No/l00 ($15,000.00)as earnest money and part payment on the purchase price.
3. PURCHASE PRICE. The total purchase price for the Property is One Hundred
Sixty Thousand Dollars and N0/100($160,000.00),including earnest money,payable on Closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyer's review and approval of the title report on the property prior to
Closing.
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 1 of 7 06/04/04
(between City of Kent of and David N. and Mary L Uhler)
(c) Buyer's review and approval of Seller's information contained in the Real
Property Transfer Disclosure Statement("Disclosure Statement') the form of which is set forth in
Exhibit C. The"Disclosure Statement"shall be completed by the Seller within ten(10)days from
the date of mutual acceptance of the Agreement.
(d) Buyer's receipt of an appraisal for the Property in the amount of at least One
Hundred Sixty Thousand Dollars($160,000.00)within thirty(30)days of mutual acceptance of this
Agreement.
(e) A Feasibility Study as follows:
(1) Buyer shall have thirty(30)days from the date of mutual acceptance
of this Agreement to determine, in Buyer's sole and absolute
discretion, if the Property is feasible for investment and/or
development by Buyer.
(2) Buyer's Feasibility Study may include(but is not limited to)a Phase I
and/or Phase lI environmental assessment, utilities availability and
capacity,access availability,zoning,and preliminary architectural and
engineering studies.
(3) A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
hydrologic maps of the area,review of federal and state databases for
known hazardous waste generators or contaminated sites and a site
visit. If the Phase I review reveals the potential of a contaminated
site, a Phase H environmental assessment may be conducted which
generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. If the Buyer elects, at its sole
discretion, to conduct a Phase H environmental assessment, the
feasibility study period will be extended for an additional thirty(30)
days upon prior written notice to Seller unless otherwise agreed. BY
EXECUTING THIS AGREEMENT, SELLER HEREBY
AUTHORIZES BUYER A RIGHT OF ENTRY TO THE
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 2 of 7 06/04/04
(between City of Kent of and David N. and Mary L. Uhler)
PROPERTY FOR THE PURPOSE OF CONDUCTING THIS
FEASIBILITY STUDY INCLUDING A PHASE I, AND IF
NECESSARY,A PHASE II ENVIRONMENTAL ASSESSMENT.
SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL
ASSESSMENT IS TO BE CONDUCTED.
(4) 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.
(5) Buyer agrees to return the Property to its original state (i.e., fill all
boring holes, etc.)prior to the end of the Feasibility Study.
Should any of these contingencies set forth above not be met or removed prior to
Closing or the earlier date specified,then this Agreement shall terminate and neither Buyer nor Seller
shall have any fiuther 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.
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.
6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest
Title, 215 Columbia Street, Seattle, Washington 98104-1511, to issue standard coverage owner's
policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The
cost of the title insurance 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 in federal
patents or state deeds,building or use restrictions consistent with current zoning,and utility and road
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 3 of 7 06/04/04
(between City of Kent of and David N. and Mary L. Uhler)
easements of record. If title cannot be made so insurable prior to the Closing date, 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 all applicable revenue stamps and excise tax. 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 July 30,2004,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 Pacific Northwest Title, 116 Washington Avenue North,Kent,Washington 98032,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("Closing").
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. LEASE AND SALVAGE. As part of the consideration for the sale of the Property,
Seller may lease the garage,currently located on King County Tax parcel number 2522049008,located at
25000 Hawley Road,Kent Washington 98032,rent free until December 31,2005,under the terms of the
lease attached as Exhibit D. Seller shall also have the right,through December 31,2005,to salvage,at
Seller's cost,the garage and remove it from the Property.
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 4 of 7 06/04/04
(between City of Kent of and David N. and Mary L Uhler)
12. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he will maintain the Property and yard in present or better condition until
time of agreed possession,
(b) that he has no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property except:
13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Sellerrepresents that to
the best of his knowledge that he is not aware of existence of,or has caused or allowed to be caused,
any environmental condition arising or occurring during Seller's ownership of the Property
(including,without limitation,a spill,discharge or contamination). This provision shall survive the
Closing.
14. SELLER'S INDEMNITIES. Seller agrees to indemnify and hold harmless the
Buyer, against any and all damages, losses, liabilities,judgments, assessments, and expenses and
costs,including reasonable legal,accounting,consulting,engineering and other fees which may be
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity),arising out of 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. 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.
15. ABANDONMENT OF PERSONAL PROPERTY. Anypersonal property located
on the Property as of Closing shall be deemed to have been abandoned by the Seller and shall be
disposed of by the Buyer, as determined by the Buyer,at Seller's expense.Provided,however,that
this Section does not apply to Seller's personal property located in the garage referenced in section
11 if Seller enters into the Exhibit D lease.
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 5 of 7 06/04/04
(between City of Kent of and David N.and Mary L Uhler)
16. DEFAULT AND ATTORNEYS FEES.
(a) Default. If Seller or Buyer defaults hereunder,Seller or Buyer shall have all
the rights and remedies available at law or in equity.
(b) Attorneys Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein the prevailing party shall be awarded its reasonable costs and attorney's
fees.
17. 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.
18. 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,Recreation&Community Services
220 4th Avenue South
Kent,Washington 98032-5895
Phone (253) 856-5100,Facsimile(253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows:
David N. and Mary L. Uhler
16515 Aubum-Black Diamond Road SE
Auburn, Washington 98092
Phone(253) 833-7417
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.
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 6 of 7 06/04/04
(between City of Kent of and David N. and Mary L. Uhler)
19. 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.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns.
21. 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.
22. EXPIRATION OF OFFER Buyer shall have only until 5:00 p.m. on June 11,
2004,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:
CI F KENT DAVID LE
By: By:
E D VID N. ER
Its: Mayor Its: OwnerZUHL7RZ
Dated: Dated: yAPPRO D AS TO FORM: MARY L.
By: kn2 &I. 4AA</
a MARY N. UHLER
By: Kent Law Department Its: Owner
Dated: &
P\cmMH.es\OPMFlknwtos-zoWwnw-w�RMA-Ho La&dO6o/0e a«
REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 7 of 7 06/04/04
(between City of Kent of and David N. and Mary L Uhler)
EXHIBIT A
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
The south 125 feet of the west 200 feet of the following:
That portion of Governments Lots 2 and 6, Section 24, and of
Government Lots 2 and 3 in Section 25, all in Township 22 North,
Range 4 East, W.M. , in King County, Washington, described as
follows:
Beginning at the southwest corner of the Southwest Russell Donation
Claim No. 41;
Thence north 000451000 west 854.5 feet to the TRUE POINT OF
BEGINNING;
Thence north 00045'00" west 330 feet;
Thence north 89015'00" west 625 feet, more or less, to the center of
the road;
Thence southwesterly along said center line to a point bearing north
89015100" west from the TRUE POINT OF BEGINNING;
Thence south 89'15100" east 570 feet, more or less, to the TRUE
POINT OF BEGINNING;
EXCEPT any portion thereof lying within the T.S. Russell Road; and
EXCEPT any portion lying within State Highway.
EXHIBIT "A"
Page 1 of 2
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
That portion of Government Lots 2 and 3, Section 25, Township 22
North, Range 4 East, W.M., in King County, Washington, described as
follows:
Beginning at the southwest corner of the Southwest Russell Donation
Claim No. 42;
Thence north 00045100" west along the westerly line thereof, 525.50
feet, which point is the TRUE POINT OF BEGINNING of the tract herein
described;
Thence continuing north 000451004 west along said westerly line,
329.00 feet;
Thence north 89*15100" west 570.00 feet, more or less, to the center
line of a county road;
Thence southerly along said center line to a point from which the
TRUE POINT OF BEGINNING bears south 89*15100" east;
Thence south 89015100" east 525.00 feet, more or less, to the TRUE
POINT OF BEGINNING;
EXCEPT portion included in County Road;
AND EXCEPT the east 60 feet;
AND EXCEPT portion for State Highway No. S as conveyed to the State
of Washington by deed filed under Recording Number 5958421;
EXCEPT that portion described as follows:
That portion of Government Lots 2 in Section 25, Township 22 North,
Range 4 East, W.M. , in King County, Washington, described as
follows:
Beginning at the southwest corner of Southwest Russell Donation
Claim No. 41;
Thence north 00045100" west along said westerly line 525.50 feet to
the TRUE POINT OF BEGINNING;
Thence continuing north 00045100" west along said westerly line, 329
feet;
Thence north 89015'00" west to the easterly line of Primary State
Highway No. 5, as conveyed to the State of Washington by Deed filed
under Recording Number 5958421;
Thence southerly along said easterly line to a point from which the
true point of beginning bears south 89°15'00" east;
Thence south 890151001, east to the point of beginning;
EXCEPT the easterly 60 feet as conveyed to the State of Washington
by said deed filed under Recording Number 5958421.
EXHIBIT "A"
Page 2 of 2
EXHIBIT B
EXHIBIT B
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EXHIBIT C
NWMLa Forts No.17 0 copyright 1995
a - W.A.R.Form No.D-5 Northwest MWgple Listing Serra
Rev.7196 REAL PROPERTY TRANSFER DISCLOSURE STATEb1ENTt ALL RIGHTS RESlR2VEO
Page 1 of 5 Pages
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 THES)1 LLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to tha propeny write"NA". If the t
answer is"yes'to any asterisked(*)item(s),please explain on attached sheets. Please refer to the line number(s)of the cinstion(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 five(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 (Ae
THE FOLLOWING DISC SORES ARf MADE B HE SELL IS). . CERNING THE CONDI ION OFT E PROPERTY LOCH A t►f�
r- r--)
CITY ,COUNTY V,1 mj ("THE TY*')OR AS LEGALLY 1
SCRIBED ON THEATTACHED EXHIBITA. DISCLOSURES CONTAINE111.1N THIS FORM ARE PROVIDEDBY THE SELLER ON THE BASIS O 13
SELLER'SACMALKNOWLEDGEOFTHEPROPERTYATTHETIMETHISDISCLOSUREFORMISCOMnETEDBYTHESUIER.YOUHAVE 1=
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 WRITER STATEMENT OF le
RBSCISSIONTOTHEgELLElt,UNL13SS YOU WAIVETHISRIGHTATOR PRIOR TO ENTERING INTOAPURCHASEA.N'DSALEAGREEMENT 17
THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LIC. 1 E
ENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PARTOF ANY WRITTEN 15
AGREEMENT BETWEEN THEBUYER ANDTHE SELLER. 2:
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN 2'
AND PAY FORTHESERVICESOFAQUALIFIEDSPECIALISTTOINSPECTTHE PROPERTY ON YOUR BEHALF.FOREXAMPLE,ARCHI- 2_
TECTS.ENGINEERS,LAND SURVEYORS.PLUMBERS,ELECTRICIANS,ROOFERS,BUILDING INSPECTORS.OR PEST AND DRY ROT 2,
INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF 2-
THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM V-TfH RESPECT TO ANY AD- 2e
VICE,INSPECTION,DEFECTS OR WARRANTIES. 21
Seller❑is!0 is not occupying the property. 2-
1. SELLER'S DISCLOSURES: 2S
* If you answer"Yes"to a question with an asterisk('),then attach a copy or explain. If necessary,use an atached sheet. 25
1. TITLE YES NO DON'T 3C
KNOW 3*
A. Do you have legal authority to sell the propeny? y� ❑ ❑ 3_
*B. Is title to the property subject to any of the following? 3.
(1) First right of refusal :3 ❑ 3=
(2) Option ZI ®( ❑ 3'
(3) Lease or rental agreement ID li3 ❑ 3:
(4) Life estate Z ❑ 3-
*C. Are there any encroachments,boundary agreements,or boundary disputes? Z ❑ 3•
*D. Are there any rights of way,easements,or access limitations that may affect the ❑ ❑ 3-
owner's use of the property? 4.
*E. Are there any written agreements for joint maintenance of an easement or right of way? ZI Jk ❑ 4
*F. Is there any study,survey project,or notice that would adversely affect the property? M 111 ❑ 4.
*G. Are there any pending or existing assessments against the property? ZI .0 ❑ t
*H. Are there any zoning violations,nonconforming uses,or any unusual restrictions on the (tl ❑ 4-
subject property that ould affect future construction or remodeling? 4
SELLER'S INITIAL: DATE: —J. SELLER'S INITIAL: DATE: t
1 ��
_ NWMLS Form No.17 0copy^9N 1996
• WA R.Form No.D•5 NoMweal Mulopre Usb"Str4lot
Rev. 71911 ALL RIGHTS RESERVED
• Fags 2 OF Pages
YES NO DON'T
KNOW
*I. Is there a boundary survey for the property? O d(
*J. Are there any covenants,conditions,or restrictions which affect the property? ❑ ❑
2. WATER
A. Household Water
(1) The source of the water is XPublic O Community ❑Private ❑Shared
(2) Water source information:
*a. Are there any written agreements for shared water source? ❑
*b. Is there an easement(recorded or unrecorded)for access to and/or maintenance of ❑ ❑
the water source?
*c. Are any known problems or repaint needed? ❑ ❑
*d. Does the source provide an adequate year round supply of potable water? 5( ❑ ❑
*(3) Are there any_water treatment systems for the property? ❑Leased ❑Owned O d ❑
B. Irrigation
(1) Are there any water rights for the property? O ,� O
*(2)If they exist,to your knowledge,have the water rights been used during the last O ❑
Five-year period?
*(3) If so,is the certificate available? O O
C. Outdoor Sprinkler System
(1) is there anoutdoor sprinkler system for the property? ❑ ❑
*(2)Are there any defects in the outdoorsprinkler system? OI ❑
3. SEWER/SEMC TANK SYSTEM
A. The property is served by:
O Public sewer main l Septic tank a tem ❑Other dr�sWs-all syste
(describe) s�,'ui P21- �wrr Af I. 7z"I
B. If the property is served by a public or community sewer main,is the house connected O ❑
to the main?
C. Is the property currently subject to a sewer capacity charge? ❑ ❑
D. If the property is connected to aseptic tank system:
(I)Was a permit issued for its construction,and was it approved by the city or county ❑ ❑
following its construction? / q�
(2)When was ltiast pumped? 3 ,19
*(3)Are there any defects in the operation of the septic tank system? ❑ ❑
(4)When was it last inspected? 9 �v /,/ /�>/� -f/ ❑
By whom:
(5) How many bedrooms was the septic dnk system approved for? 9= bedrooms ❑
*E. Are any plumbing fixtures,including laundry drain,not connected to the septic tank/sewer ❑ ❑
system?
If not explain:
*F. Are you aware of any changes or repairs to the septic tank system? O JI ❑
G. Is the septic tank system,including the drainfreld,located entirely within the boundaries of ❑ ❑
the property?
4. STRUCTURAL
*A. Has the roof leaked? ❑ O
If yes,has it been red? ❑ O
SELLER'S INITIAL: DATE:`���� ► - ' 2 SELLER'S INITIAL: _-� DATE: LI0 1
®Copyright lM
W A.R.Form No.0.5 Nonhwesr I.Alhpk Lbft So
Rev.7196 ALL RIGHTS RESERWO
Page 3 or S Pages
YES NO DON'T
KNOW
*B. Have there been any conversions,additions or remodeling? ❑ ,� ❑
*(1) If yes,were all building permits obtained? ❑ ❑ ❑
*(2)if yes,were all final inspections obtained? ❑ ❑ ❑
C. Do you know the a e of the ho se? If yes,year of original ❑ ❑
construction:
*D. Do you know of any settling,slippage,or sliding of either the house or other structures/ ❑ ❑
improvements located on the property? if yes,explain:
*E. Do you know of any defects with the following: (Please check applicable items) ❑ Si9 ❑
❑ Foundations ❑ Decks ❑ Exterior Walls
❑ Chimneys O Interior Walls ❑ fire Alarms
❑ Doors ❑ Windows ❑ Patios
O Ceilings ❑ Slab floors ❑ Driveways
❑ Pools ❑ Hot Tub ❑ Sauna
❑ Sidewalks ❑ Outbuildings O Fireplaces
❑ Garage Floors ❑ Walkways D Wood Stoves
❑ Other
*F. Was a pest or dry rot,structural or"whole house"inspection done?When and by ❑ ❑
whom was the inspection completed?
*G. Since assu.-mag ownership,has your property had a problem with wood destroying ❑ ❑
organisms arAW have there been any problems with pest control,infestations,or vermin?
S. SYSTEMS AND FIXTURES �
If the following systems or fixtures are included with the transfer,do they have any existing 1
defects: 1
*A. Electrical system,including wiring,switches,outlets,and service ❑ ❑ 1
*B. Plumbing system,including pipes,faucets,fixtures,and toilets ❑ ❑ 1;
*C. Hot water tank ❑ ❑ 1;
*D. Garbage disposal �1 ❑ ❑ ❑ 1%
*E. Appliances A S (S ❑ ❑ ( t.
*F. Sump pump ❑ ❑ ❑ ti
*G. Heating and cooling systems y ❑ ❑ 12-
*H. Security system ❑Leased OQwi ad ❑ ❑ ❑ 12
*1. Other 12
G. COMMON INTEREST 1i
A. is there a Home Owners' Association? ,/� ❑ d ❑ 1;
Name of Association lY 1=
B. Are there regular periodic assessments? ❑ ► ❑ is
$ per ❑mouth ❑years 1:
❑Other 1
*C. Are there any pending special assessments? ❑ ❑ 1;
*D. Are there any shared"common areas"or any joint maintenance agreements(facilities ❑ '� ❑ 1'
such as walls,fences,landscaping,pools,tennis courts,walkways,or other areas 1
co-owned in undivided interest with others)? 1
SELLER'S INITIAL: DATE: 3 SELLER'S INI'IMAL: -DATE: Q 1
NWMLS Form No.17 ®cow*d 7a96
t WAR.Form No.n-5 Nora,west MNBpte Lm"Servics
Rev.7196 O ALL RIGHTS RESERVED
Page♦of 5 Pages
YES NO DON'T 14
KNOW 14
7. GENERAL 14
*A. Is there any settling,soil,standing water,or drainage problems on the property? ❑ J O 14
*B. Does the property contain fill material? ❑ k ❑ 14
*C. Is there any material damage to the property of any of the structure from fire,wind,floods, ❑ IV ❑ 14
beach movements,earthquake,expansive soils,or landslides? 14,
D. Is the property is adesignated flood plain? ❑ ❑ 14-
Has the local(city or county)planning agency designated your property as a ❑ a � sal
"frequently flooded area"? 14!
*F. Are there any substances,materials,or products that may be an environmental hazard such ❑ )la. ❑ IS
as,but not limited to,asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical IV
storage tanks,and contaminated soil or water on the subject property? is,
*G. Are there any tanks or underground storage tanks(e.g..chemical,fuel,etc.)on the ❑ ,r ❑ is:
. property? 1s'
*H. Has the property ever been used as an illegal drug manufacturing site? ❑ &M ❑ IS!
8. LEAD BASED PAINT(Applicable if the house was built before 1978.) is(
A. Presence of lead based paint and/or lead-based paint hazards(check one below): 157
Known lead-based paint and/or paint Hazards are preje in the housing 15f
(explain). U/ IaQ/ Av (� � 15S
16C
�$ Seller has no knowledge of kad-based paint and/or lead-based paint hazards in the housing. 161
B. Records and reports available to the Seiler(check one below): 162
❑ Seller has provided the purchaser with all available records and reports pertaining to 163
lead based paint and/ lead baud pairs hazards in the housing (list documents below). 164
165
166
❑ Sella has no reports or pertaining to lead-based paint and/or lead-based paint hazards 167
in the housing Nee 16E
9. FULL DISCLOSURE BY SELLERS 16E
A. Other conditions or defects: 17C
*Are there any other material defects affecting this property or its value that a prospective ❑ ❑ 17-
buyer should know about? 17;
B. Verification 17:
The foregoing answers and attached explanations(if any)are complete and correct to the best of Seller's knowledge and Seller has 17,
received a copy hereof. Seller agrees to defend,Indemnify and hold real estate licensees harmless from and against any and all claims 171.
that the above information is inaccurate. Seller authorizes real estate licensees,if any,to deliver a copy of this disclosure statement to 17n
other real estate licensees and all prospective buyers of the Property. 17
Date: Dare•. 17.
Seller. Seiler. 17:
SELLER'S INITIAL: DATE: � 4 SELL11t'S INITIAL: DA79: 18
a copy igM legs
W.A.R.Fora No.0•5 Northwest Mdhple Us"Son
Rev.1156
ALL RIGHTS RESERVED
Page 5 of 5 Paget
It. BUYER'S ACKNOWLEDGEMENT
A. Buyer acknowledges the duty to pay diligent attention to any material defects which are known to Buyer or can be known to Buyaby
utilizing diligent attention and observation.
B. Buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made
only by the Sella and not by any real estate licensee or other party. Buyer acknowledges that,pursuant to RCW 64.06.050(2),real
estate licensees are not liable forinaccurata information provided by Seller,except to the extent that real estate licensees know of such
inaccurate information. This information is for disclosure only and is not intended to be a part of the written agreement between Buyer
and Seller.
C. Buyer(which term includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below)hereby acknow-
ledges receipt of a copy of this disclosure statement(including attachments,if any)bearing Seller's signature(s).
D. If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Home.
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOW-
LEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU,THE BUYER, HAVE THREE(3)BUSINESS DAYS (UNLESS
OTHERWISE AGREED)FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR
AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS
YOU WAIVE THIS RIGHT OF RESCISSION.
~, = = BUYER HEREBY ACKNOWLEDGES RECEIPTOFACOPYOFTHISREALPROPERTY TRANSFER DISCLOSURE STATEMENTAND
ACKNOWLEDGES THATTHE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,AND NOT OF ANY REAL ES-
TATE LICENSEE OR OTHEA
DATE: o" ATE•
BUYER: BUYER:
i
BUYER'S WAIVER OF RIGHT TO REVOKE OFFER
Buyer has read and reviewed the Seller's responses to this Real Property Transfer Disclosure Statement. Buyer approves this statement and
waives Buyer's right to revoke Buyer's offer.
DATE: DATE:
BUYER: BUYER:
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED REAL PROPERTY TRANSFER DISCLOSURE STATEMENT 2
Buyer has been advised of Buyers right to receive a completed Real Property Transfer Disclosure Statement. Buyer waives that right. 2
DATE: DATE: 2
BUYER: BUYER: 2
If the answer is"Yes"to any asterisked(«)items,please explain below(use additional sheets if necessary). Please referto the line number(s)of 2
the question(s). 2
SELLER'S INITIAL: DATE: 6 SELLER'S INITIAL: DATE:
EXHIBIT D
Exhibit D
LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY OF KENT,
a Washington municipal corporation, hereinafter called the "Owner", and DAVID N. and MARY
L. UHLER,hereinafter called the"Tenant".
1. PREMISES
The Owner leases to the Tenant the garage located on King County Tax Parcel No.
2522049008. The area so leased is hereinafter called"the premises" and is depicted in Exhibit"A"
attached hereto and incorporated herein by this reference.
2. USE
Tenant shall use the premises for storage. No use shall be made of premises,nor act done in
or about premises, which is illegal, unlawful, or which will increase the existing rate of insurance
upon the premises. Tenant shall not commit or allow to be committed upon premises, any waste or
any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all
reasonable orders, notices, regulations or requirements of any municipality, state or other
governmental authority respecting the use of the premises.
3. TERM
The tern of this lease shall be until December 31,2005.
4. RENT
The rental value of the premises was included in the consideration of the sale between
Owner and Tenant. Therefore,no further rent will be collected.
5. TAXES
Tenant shall pay any tax that this Lease,or the interest created thereby,may be subject to at
any time during the term of the Lease or renewal thereof.
6. RE-DELIVERY
Tenant, at the expiration of the term in section 3, any extension of the term, or upon any
sooner termination of this Lease, will, without notice, quit and deliver up said premises to the
Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter
be placed by Owner,reasonable use and wear thereof excepted.
LEASE AGREEMENT—Page 1 of 6
(between City of Kent and David N.and Mary L. Uhler Re: Garage)
7. CONDITION OF THE PREMISES
The parties acknowledge that the premises are being leased to Tenant for Tenant's
convenience. The premises are being leased"as is". Owner is not obligated to make any repairs to
the premises. All necessary repairs to maintain the condition of the premises, minus reasonable
wear and tear shall be paid by Tenant.
8. REPAIRS AND ALTERATIONS
III
Tenant shall not make any alterations, additions or improvements to said premises, without
the consent of Owner in writing first, which shall not be unreasonably withheld. All alterations,
additions and improvements that are made, shall be at the sole cost and expense of Tenant. All
improvements shall become the property of the Owner except for improvements that Owner, at
Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant to
remove at termination. If the Tenant shall perform work with the consent of the Owner, Tenant
agrees to comply with all laws,ordinances,rules,regulations of the appropriate City or County, and
any other authorized public authority. The Tenant further agrees to save the Owner free and
harmless from damage, loss or expense arising out of the said work. Tenant agrees that Owner has
the right,but not the duty,to make alterations to the premises.
9. UTILITIES
Tenant shall pay for all utilities provided to the premises.
10. INSURANCE
The Tenant shall procure and maintain for the duration of the Lease insurance against claims
for injuries to persons or damage to property which may arise from or in connection with Tenant's
use of the premises. Tenant shall name Owners as an additional insured on this policy, subject to
notice to Owner thirty(30)days prior to cancellation.
11. INDEMNIFICATION/HOLD HARMLESS
The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Lease, except for injuries
and damages caused by the sole negligence of the Owner.
Should a court of competent jurisdiction determine that this Lease is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Tenant and the
Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be
only to the extent of the Tenant's negligence. The provisions of this section shall survive the
expiration or termination of this Lease.
LEASE AGREEMENT—Page 2 of 6
(between City of Kent and David N. and Mary L. Uhler Re. Garage)
12. LIENS AND U SOLVENCY
Tenant shall keep the leased premises and property in which the leased premises are
situated, free from any liens arising out of any work performed, materials famished or obligations
incurred by Tenant.
13. ASSIGNMENT
Tenant shall not assign this lease or any part thereof and shall not let or sublet the whole or
any portion of the premises. This Lease shall not be assignable by operation of law.
14. ACCESS
Tenant will allow Owner or Owner's agents free access at all reasonable times to said
premises for the purposes of inspection, cleaning or making repairs, additions or alterations. This
right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or
alterations.
15. DAMAGE OR DESTRUCTION
In the event the premises or the building is damaged to such extent as to render the premises
untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner
or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair
or rebuild the same; Owner shall have not more than thirty(30)days after date of such notification
to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises,or the part so
damaged as aforesaid. If Owner elects to repair or rebuild said premises, Owner shall prosecute the
work of such repairing or rebuilding without unnecessary delay. If Owner elects not to repair or
rebuild said premises this Lease shall be terminated.
16. NOTICES
All notices to be given by the parties hereto shall be in writing and may either be served
personally or may be deposited in the United States Mail,postage prepaid, by either registered mail
or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses
below,or a later changed addressed provided in writing to the party:
OWNER:
i
City of Kent
Attn:John Hodgson,Director
Parks,Recreation and Community Services
220 Fourth Avenue South
Kent,Washington 98032-5895
(253)856-5100
LEASE AGREEMENT—Page 3 of 6
(between City of Kent and David N. and Mary L. Uhler Re:Garage)
TENANT:
David N.and Mary L. Uhler
16515 Auburn-Black Diamond Road SE
Auburn.,Washington 98092
(253)833-7417
17. DEFAULT AND RE-ENTRY
If Tenant shall violate,default or not comply with any of the material covenants,agreements
or provisions of this Lease, then the Owner may cancel this Lease upon giving the notice required
by law, and re-enter said premises,using such force as may be required.
The failure of the Owner to insist upon strict performance of any of the covenants and
agreements of this Lease, or to exercise any option herein conferred in any one or more instances,
shall not be construed to be a waiver or relinquishment of any such, or any other covenant or
agreements,but the same shall be and remain in full force and effect.
18. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenant it becomes necessary for the Owner to use
an attorney, or if Tenant shall bring any action for any relief against Owner, declaratory or
otherwise, arising out of this Lease, the prevailing party shall have and recover against the other
party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable
attorney's fees.
19. REMOVAL OF PROPERTY
In the event of any entry in, or taldng possession of, the leased premises, the Owner shall
have the right, but not the obligation, to remove from the leased premises all personal property
located therein. Owner may store the same in any place selected by Owner, including but not
limited to a public warehouse, at the expense and risk of the owners of the personal property, with
the right to sell such stored property in accordance with Chapter 59.18 RCW.
20. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the covenants and
agreements of this Lease shall be binding upon the heirs, legal representatives, successors and
assigns of any or all of the parties hereto.
21. HOLDOVER
If the Tenant shall, with the written consent of Owner, holdover after the expiration of the
term of this lease, such tenancy shall be for an indefinite period of time on a month to month
tenancy, such tenancy may be terminated as provided by the laws of the State of Washington.
LEASE AGREEMENT—Page 4 of 6
(between City of Kent and David N. and Mary L. Uhler Re: Garage)
During such tenancy Tenant agrees to pay to the Owner One Thousand Five Hundred
Dollars($1500.0 fter month and to be bound by all of the terms,covenants, and conditions of this
Lease, so far as applicable.
22. SUBORDINATION
Upon Owner entering into any financing or refinancing affecting the subject premises,
Tenant agrees to execute documents within three (3) days of the request of Owner to subordinate
this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or
other secured party or entity.
The foregoing conditions are mutually agreed to by the Owner and the Tenant.
TENANT: OWNER:
DAVID N.UHLER CITY OF KENT
a Washington municipal corporation
By:
DAVID N.UHLER Print Name:
Date: Title:
Date:
MARY L. UHLER
MARY L. UHLER
Date:
(Notary Public Acknowledgements Appear on Next Page)
F
APPROVED AS TO FORM:
Kent Law Department
LEASE AGREEMENT—Page 5 of 6
(between City of Kent and David N.and Mary L Uhler Re. Garage)
i
STATE OF WASHINGTON }
KING COUNTY }
On the day of , 2004, personally
appeared before me, to me known to be the , for the CITY OF KENT, a
Washington municipal corporation, that executed the foregoing instrument, and acknowledged
such instrument to be the free and voluntary act and deed of such municipal corporation, for the
uses and purposes therein mentioned; and on oath stated that was duly authorized to
execute such instrument.
-Notary Sed Must Appear Vithat Thu Bar-
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
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day of , 2004, before me a Notary Public in and for the
State of Washington, personally appeared DAVID N. UHLER and MARY L. UHLER,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
who executed this instrument and acknowledged it to be their free and voluntary act and deed for
the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
-WITNESS WHEREOF,I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC,m and for the State of Washmgton
residing at
My appointment expires
P\CmPFILES1opmF�dalOS21g1�Uh1QG�ydere..doc
LEASE AGREEMENT—Page 6 of 6
(between City of Kent and David N. and Mary L. Uhler Re• Garage)