HomeMy WebLinkAboutPW08-059 - Original - Colleen & Marco Desimone - Real Estate Purchase 24955 Frager Rd S - 04/11/2008 Records M m
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WASHINGTON Document
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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: 2S D EfilOr Vendor Number:
q JD Edwards Number
Contract Number:
This is assigned by Clerk's Office
Description: Cs�Q-/ sG �e_
Detail: /'a
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 17 P-i e ld i n9 Department: .�
Abstract:
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S Pubhc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
II
REAL ESTATE PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF KENT AND MARCO AND COLLEEN DESIMONE
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"), authorized by the Kent City Council on August 2I1, 2007, and MARCO
DESIMONE and COLLEEN DESIMONE, (Seller"), whose mailing address is 24955 Frager
Road S, Kent, Washington 98032 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 of King
County tax parcel number 2322049029 located at 24955 Frager Road S, Kent, Washington
98032, and legally described in Exhibit A, attached and incorporated, by this reference (the
"Property").
2. EARNEST MONEY. Within five (5) days of mutual acceptance of this
Agreement, Buyer shall deposit with Pacific Northwest Title Company, 116 Washington
Avenue North, Kent, Washington 98032, One Thousand Five Hundred'Dollars and No/100ths
($1,500.00), as refundable earnest money to be applied toward the purchase price of the
Property payable at Closing.
3. PURCHASE PRICE. The purchase price for the Property will be Six Hundred
Twenty-five Thousand Dollars and 00/100 ($625,000.00). The purchase price will be
payable on Closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Buyer's review and approval of the title report on the Property prior to
Closing.
(b) Buyer's review and approval of the disclosure statement completed by
the Seller, attached as Exhibit B.
(c) Buyer's review and acceptance of a feasibility study as follows:
i Buyer shall have sixty 60 days from' the date of mutual
1.
O Y Y ( ) Y
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. Buyer agrees to
assume all liability for and to defend, indemnify and save Seller harmless from all liability
Real Estate Purchase and Sale Agreement - Page 1 of 7 (March 17, 2008)
(between City of Kent and Desimone)
and expense (including reasonable attorneys' fees) in connection with all claims, suits and
actions of every name, kind and description brought against Seller or its agents or
employees by any person or entity as a result of or on account of injuries or damages to
persons, entities and/or property received or sustained, arising out of, in connection with or
as a result of the acts or omissions of Buyer or its agents or employees in exercising its
rights under the right of entry granted in this Section, except for claiims caused by Seller's
negligence.
(ii) Buyer's feasibility study may include (but is 'not limited to) a Phase
I and/or Phase II environmental assessment, utilities availability d and capacity, access
availability, zoning, preliminary architectural and engineering studies, and marketing
feasibility. i
(iii) 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 water generators or
contaminated sites and a site visit. If the Phase I review reveals the potential of a
contaminated site, a Phase II environmental assessment may be conducted which generally
will consist of on-site sampling, including the digging or boring of test holes for soil samples.
BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY
ON TO THE 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.
iv Buyer agrees to conduct its feasibility stud' at its sole cost and
( ) Y 9 Y f�Y
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 or developed by
Buyer in connection with its feasibility study.
If Buyer fails to notify Seller of the removal of the (contingencies in 4(c)
above, in writing, on or before sixty (60) days after mutual acceptance, then this
Agreement shall be terminated, and neither Buyer nor Seller shall have any further
rights, duties or obligations hereunder, except as follows: the refundable earnest money
held by Pacific Northwest Title shall be immediately returned to Buyer, Buyer's obligation
to indemnify and hold harmless in 4(c) shall continue, and Buyer shall return the
Real Estate Purchase and Sale Agreement - Page 2 of 7 (March 17, 2008)
(between City of Kent and Desimone)
Property to its original state prior to Buyer's entry for the feasibility study.
(d) Buyer obtaining final approval for this purchase from the state of
Washington Salmon Recovery Funding Board (Salmon Board). Final' approval shall include
the Salmon Board's approval of the environmental assessment described in section 4(c).
S. CONVEYANCE AND CONDITION OF TITLE. The title to the 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, Buyer shall cause Pacific Northwest Title,
215 Columbia Street, Seattle, Washington 98104-1511, to issue standard coverage owner's
policy of title insurance to Buyer free and clear of all encumbrances, in an amount equal to
the total purchase price of the Property. The cost of the title insurance shall be paid by
Buyer at Closing. For purposes of this Agreement, the following' shall not be deemed
encumbrances or defects: rights reserved in federal patents or stateldeeds, building or use
restrictions consistent with current zoning. 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 and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. All costs of escrow shall be paid by
Buyer, except those fees that are expressly limited by Federal Regulation. Seller shall pay
all rents, interest, water and other utility charges, if any. Taxes shall be pro-rated as of
date of Closing.
S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within forty-five (45) days of
the removal of all contingencies in Section 4, unless otherwise agre�id 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").
Real Estate Purchase and Sale Agreement - Page 3 of 7 (March 17, 2008)
(between City of Kent and Desimone)
9. POSSESSION. Buyer shall be entitled to possession on Closing.
(a) Buyer agrees to rent Property to Seller for thirty (30) days after
closing. The consideration for thirty (30) 1 days rent has been
calculated into the purchase price of this Agreement.
(b) Seller agrees to sign at Closing the Rental Agreement attached and
incorporated as Exhibit D.
10. SELLER'S REPRESENTATIONS. Seller agrees as follows:
(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:
(c) Seller agrees to disconnect all utilities prior to Closing, complete CBA
Form UA, and or have the Closing agent disburse closing funds necessary to satisfy unpaid
utility charges.
(d) Seller agrees to remove all personal property f�l om the Property prior
to Closing. Seller's personal property shall include two greenhouses on the Property, which
are shown in the photograph attached as Exhibit C.
11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that
to the best of his knowledge that he is not aware of existence of, on 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.
12. 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
Real Estate Purchase and Sale Agreement - Page 4 of 7 (March 17, 2008)
(between City of Kent and Desimone)
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 Closings, and be in addition to
Seller's obligation for breach of a representation or warranty as may Ibe set forth herein.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy
shall be limited to damages in the liquidated amount of the earnest (money previously paid
by the Buyer. Buyer and Seller intend that this amount constitutes) liquidated damages in
order to avoid other costs and expenses to either party in connection with potential litigation
on account of Buyers' default.
Buyer and Seller believe this amount to be a fair estimate of actual damages.
BUYER'S INITIALS: SELLER'S INITIALS:(
I
Suzette Cooke, Mayor Marco Desimone
Collfeein Desimone
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all
the rights and remedies available at law or in equity.
(c) 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.
14. 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.
15. 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:
Real Estate Purchase and Sale Agreement - Page 5 of 7 March 17 2008 s 9 9 ( � )
(between City of Kent and Desimone)
(a) All notices to be given to Buyer shall be addressed as follows:
Mike Mactutis
Environmental Engineering Manager
220 4th Avenue South
Kent, Washington 98032-5895
Phone (253) 856-5520, Facsimile (253) 856-6500
i
(b) All notices to be given to Seller shall be addressed as follows:
Marco and Colleen Desimone
24955 Frager Road S,
Kent, Washington 98032
Phone (206)786-5517, Facsimile
(c) All notices to be given to Escrow Agent shall be addressed as follows:
lean Johnson
Pacific Northwest Title
116 Washington Avenue North
Kent, Washington 98032
(253) 520-0767
I
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 section.
16. CASUALTY. If prior to Closing, improvements on the Property shall be
destroyed or materially damaged by fire or other casualty, this Agreement, at option of the
Buyer, shall become null and void if the parties are unable to negotiate an agreed upon
amendment of the purchase price.
i
17. 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.
18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns.
19. 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.
i
Real Estate Purchase and Sale Agreement — Page 6 of 7 (March 17, 2008)
(between City of Kent and Desimone)
20. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on April 25,
2008, to accept the Purchase and Sale Agreement as written, by delivering a signed copy
thereof to the Buyer. • If Seller does not so deliver a signed copy ithin said period, this
Agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed t is Agreement on the
date set forth below.
BUYER: SELLER:
CITY OF KENT DESIMONE
By: By:
Suzette Cooke M rco Desimone
Its: Mayor Its: Owner
Dated: j Dated: 'le-- D
it
By:
Colleen Desimone
Its: Owner
Dated: - O D
APPROVED AS TO FORM:
By:
Kent Law Department
P,\Civll\Flles\OpenFlles\1265\Deslnl.neREPSA tloc
Real Estate Purchase and Sale Agreement - Page 7 of 7 (March 17, 2008)
(between City of Kent and Desimone)
2 GE it
Exhibit A � �� S�
Desimone Parcel
PNWTC Report No. 650337
TL No. 2322049029
PARCEL A:
That portion of the south half of Sections 22 and 23, Township 22 North, Range 4
East, W.M., in King County,Washington, described as follows:
Beginning at a point which is 73.6 feet west of the southwest corer of said
Section 23;
Thence north 9052'00"west 198.4 feet;
Thence north 59002'00"west 99 feet;
Thence north 21°59'00"west 270 feet;
Thence south 89030'00" east 1220 feet, said point being on the easterly bank of
a creek;
Thence in a northeasterly direction along the easterly bank of said creek to a
point which is 1332 feet north and 1180 feet east of the southwest corner of said
Section 23;
Thence south 89030'00" east 131.6 feet;
Thence north 0025'00" east 164.7 feet;
Thence north 50024'00"east 340 feet;
Thence south 790 feet;
Thence west 323 feet;
Thence south 915 feet;
Thence west 260 feet to a point on the east bank of a creek; j
Thence south 10 feet to a point on the south boundary line of said Section 23;
Thence west along the south line of Sections 23 and 22 to the point of beginning;
EXCEPT that portion thereof within the margins of Frager Road;No. 76;
EXCEPT that portion within Section 22;
EXCEPT that portion within county road (51" Place Southeast, Lake Fenwick
Road);
AND EXCEPT that portion condemned in King County Superiori Cause No.
744954 for State Highway.
PARCEL B:
That portion of the south half of Section 23, Township 22 North,, Range 4 East,
W.M., in King County, Washington, described as follows:
Beginning at a point which is 73.6 feet west of the southwest comer of said
Section 23;
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thence north 9 52 QO west 198.4 feet;
thence north 59°02'00"west 99 feet;
thence north 21°59'00"west 270 feet;
thence south 89030'00" east 1220 feet, said point being on the easterly bank of a
creek;
thence in a northeasterly direction along the easterly bank of said creek to a point
which is 1332 feet north and 1180 feet east of the southwest comer of Section 23
and the TRUE Pf WT, OF BEGINNING;
thence south 89030'00" east 131.6 feet;
thence north 0°25'00" east 164.7 feet;
thence north 50°24'00" east 340 feet;
thence north to the southerly bank of the Green River;
thence westerly along said southerly bank to the easterly bank of,the aforesaid
creek;
thence southerly along said easterly bank to the TRUE POINT OF BEGINNING;
Except portion lying within Frager County Road No. 76.
Both situate in the County of King, State of Washington.
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SELLER'S DISCLOSURE STATEMENT
i
INSTRUCTIONS TO THE SELLER
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 answer is "yes" to any * items, please explain on
attached sheets. Please refer to the line number(s) of the question(s) when you provide your
explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written contract
to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SE ER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 2,gff'' &640 S., KENT, WASHINGTON, ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
I
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller ... is/ ... is not occupying the property.
Seller's Disclosure Statement - Page 1 of 8
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach
documents, if available and not otherwise publicly recorded. If necessary, use an attached
sheet.
1. TITLE
Yes [] No [] Don't know A. Do you have legal authority to sell the property? If no, please
plain.
[] Yes [] No Don't know B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[] Yes J( No [] Don't know C. Are there any encroachments, boundary agreements, or
boundary disputes?
)(Yes [] No [] Don't know D. Are there any rights of way, easements, or access limitations
that may affect the Buyer's use of the property?
[] Yes X No [] Don't know E. Are there any written agreements for joint maintenance of an
easement or right of way?
[] Yes No [] Don't know F. Is there any study, survey project, or notice that would
advers ly affect the property?
[] Yes No [] Don't know G. Are there any pending or existing assessments against the
property.
[] Yes VNo [] Don't know H. Are there any zoning violations, nonconforming uses, or any
unusual restrictions on the property that would affect future construction',or remodeling?
[] Yes [] No Don't know I. Is there a boundary survey for the property?
[] Yes No [] Don't know J. Are there any covenants, conditions, or restrictions which affect
the propL�rty?
Seller's Disclosure Statement - Page 2 of 8
2. WATER
A. Household Water
(1) The source of water for the property is:
Private or publicly owned water system [] Private well serving only the subject property
*[] Other water system
[] Yes [] No [] Don't know *If shared, are there any written agreements?
[] Yes 1] No Don't know (2) Is there an easement (recorded or unrecorded) for access to
and/or maint nance of the water source?
[] Yes j No [] Don't know (3) Are there any known problems or repairs needed?
yKYes [] No [] Don't know (4) During your ownership, has the source provided an adequate
ar round supply of potable water? If no, please explain.
[] Yes DNo [] Don't know *(5) Are there any water treatment systems for the property? If
yes, are hey [ ]Leased [ ]Owned
B. Irrigation
Yes [] No [] Don't know (1) Are there any water rights for the property, such as a water
ri ht, permit, certificate, or claim?
Yes [] No [] Don't know *(a) If yes, have the water rights been used during the last five
years?
[] Yes [] No �Don't know *(b) If so, is the certificate available?
C. Outdoor Sprinkler System
[] Yes No%Don't know (1) Is there an outdoor sprinkler system for the property?
[] Yes [] No [] Don't know (2) If yes, are there any defects in the system?
[] Yes [] No [] Don't know *(3) If yes, is the sprinkler system connectedl,to irrigation water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by: [] Public sewer system, On-site sewage system (including
pipes, tanks, drainfields, and all other component parts) [] Other disposal system, please
describe:
[] Yes [] No [] Don't know
Seller' Disclosure Statement - Page 3 of 8
B. If public sewer system service is available to the property, is the house connected to the
sewer main? If no, please explain.
[] Yes [] No [] Don't know
C. Is the property subject to any sewage system fees or charges in addition to those covered
in your regularly billed sewer or on-site sewage system maintenance service?
[] Yes 'k No [] Don't know
D. If the property is connected to an on-site sewage system:
[] Yes [] No Don't know (1) Was a permit issued for its construction; and was it approved
by the local health department or district following its construction?
(2) When was it last pumped:
[] Yes [] No Don't know (3) Are there any defects in the operation',of the on-site sewage
system?
Don't know (4) When was it last inspected? By Whom:.
[] Don't know (5) For how many bedrooms was the on-site sewage system approved?
bedrooms
[] Yes No [] Don't know
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage
syst m? If go, please explain:
o
[] Ye91
No [] Don't know
F. Have there been any changes or repairs to the on-site sewage system?
[] Yes No [] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely within the
boundaries of the property? If no, please explain.
Yes [] No [] Don't know
H. Does the on-site sewage system require monitoring and maintenance services more
frequently than once a year? If yes, please explain.
,4Irw
Seller's isclosure Statement - Page 4 of 8
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS
NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5.
SYSTEMS AND FIXTURES
4. STRUCTURAL
[] Yes VNo [] Don't know A. Has the roof leaked?
Yes [] No [] Don't know B. Has the basement flooded r leaked? C in,c�Cb.— f�(O�k
IfYes [] No [] Don't know C. Have there been any conversions, additions, or remodeling?
[] Yes�(No [] Don't know (1) If yes, were all building permits obtained
[] Yes No [] Don't know (2) If yes, were all final inspections obtained?
[] Yes [] No [] Don't know D. Do you know the age of the house? If yes, year of original
construction:
[] Yes KNo [] Don't know E. Has there been any settling, slippage, or sliding of the property
or its itnprovements?
[] Yes [] No [] Don't know F. Are there any defects with the following: (If yes, please check
applicable items and explain.)
tK Foundations [] Decks [] Exterior Walls
[] Chimneys [] Interior Walls [] Fire Alarm
[] Doors [] Windows [] Patio
[] Ceilings [] Slab Floors [] Driveways
[] Pools [] Hot Tub [] Sauna
[] Sidewalks [] Outbuildings [] Fireplaces
[] Garage Floors [] Walkways [] Siding
[] Other [] Wood Stoves
[] Yes No [] Don't know G. Was a structural pest or "whole house" inspection done? If yes,
when and by whom was the inspection completed?
[] Yes, No [] Don't know H. During your ownership, has the property had any wood
destroying organism or pest infestation?
iYes [] No [] Don't know I. Is the attic insulated?
j Yes [] No [] Don't know J. Is the basement insulated?
Seller's Disclo ure a ment - Page 5 of 8
�A � � P v8
S. SYSTEMS AND FIXTURES
A. If any of the following systems or fixtures are included with the transfer, are there any
defects?
If yes, please explain.
[] Yes [] Don't know Electrical system, including wiring, switches, outlets, and service
Yes No [] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets
[] Yes No [] Don't know Hot water tank
[] Yes [] No [] Don't know Garbage disposal
[] Yes f No [] Don't know Appliances
[] Yes [] No [] Don't know Sump pump
[] Yes No [] Don't know Heating and cooling systems
[] Yes No [] Don't know Security system9owned [] Leased
Other.........................................
B. If any of the following fixtures or property is included with the transfer, are they leased? (If
yes, please Vach copy of lease.)
[] Yes,�J C�Don't know Security system.
[] Yes N0 Don't know Tanks (type):.
[] Yes [] No [Don't know Satellite dish
[] Yes [] No [] Don't know Other:........................................
6. COMMON INTERESTS
[] YesXNo [] Don't know A. Is there a Home Owners' Association? Name of Association
[] Yes �I No [] Don't know B. Are there regular periodic assessments:
$ per [ ] Month [ ] Year
[] Other
[] Yes No [] Don't know C. Are there any pending special assessments?
[] Z Yes No [] Don't know D. Are there any shared "common areas" or any joint maintenance
agreem nts (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or
other areas co-owned in undivided interest with others)?
Seller's Discl re ate ent - Page 6 of 8
7. GENERAL
[] Yes No [] Don't know A. Have there been any drainage problems 'on the property?
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Yes [] No [] Don't know B. Does the property contain fill material? PIT )ti"�+ Lr.R'��
[] Yes No [] Don't know C. Is there any material damage to the property from fire, wind,
floods, beach movements, earthquake, expansive soils, or landslides?
Yes [] No [] Don't know D. Is the property in a designated flood plain?
[] Yes [] No Don't know E. Are there any substances, materials, or products on the
property th may be environmental concerns, such as asbestos, formaldehyde, radon gas,
lead-based paint, fuel or chemical storage tanks, or contaminated soil or water?
[] Yes WNo [] Don't know F. Has the property ever been used as an illegal drug
manufacturing site?
[] Yes No [] Don't know G. Are there any radio towers in the area that may cause
interfAre`ice with telephone reception?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[] Yes [] No[] Don't know A. Did you make any alterations to the home',? If yes, please
describe the alterations:
Yes No Don't know B. Did any previous owner make any alterations to the home? If
yes, please describe the alterations:
[] Yes [] No [] Don't know C. If alterations were made, were permits or,variances for these
alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[J Yes [] No Don't know Are there any other existing material defects affecting the property
that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to the best
of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real
estate licensees, if any, to deliver a copy of this disclosure statement to other real estate
licensees and all prospective buyers of the
DATE: - SELLER SELLER
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V- � a
Seller's Disclosure Statement - Page 7 of 8
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE
TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
I,
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not
liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this
disclosure statement below) has received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY At THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE
IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY
DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR
SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE
STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME
YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER BUYER.
(2) If the disclosure statement is being completed for new construction which has never
been occupied, the disclosure statement is not required to contain and the seller is not
required to complete the questions listed in item 4. Structural, or item 5. Systems and
Fixtures.
(3) The seller disclosure statement shall be for disclosure only, and shall not be considered
part of any written agreement between the buyer and seller of residential property. The seller
disclosure statement shall be only a disclosure made by the seller, and not any real estate
licensee involved in the transaction, and shall not be construed as a warranty of any kind by
the seller or any real estate licensee involved in the transaction.
Seller's Disclosure Statement - Page 8 of 8
Poo 8 -ate
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Phone (Originator):
i
Date Sent: Date Required:
Return Signed Document to: r-- CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL: 912-1107
Brief Explanation of Document:
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All Contracts Must Be Routed Through the Law Department
(This Are o e orn eted By the Lfvv Department)
Received:
Approval of Law DepD
Law Dept. Cohl-menfO 4
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received: '
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Recommendations & Comments:
Disposition: 401
Date Returned:
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Iage5870 • 3/05