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Home My WebLink AboutPK08-317 - Original - Frank A. and Maria L. Scarsella - Purchase of 1118 Central Avenue South - 10/07/2008 r ip I 6 e Records M eme KENT Document W A 9 H I N G T O N 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: Scarsella Real Estate Purchase and Sale Agreement Vendor Number: JD Edwards Number Contract Number: ?K0 9 — 31-7 This is assigned by Deputy City Clerk Description: Purchase and Seller Agreement Property 10426 SE 272nd St. Kent, Washington Project Name: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks Facilities Abstract: c�/off S.Pubhc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION 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 Ave. S, Kent, Washington 98032, ("Buyer"), and Frank A. Scarsella and Maria L. Scarsella, husband and wife, whose mailing address is 10426 S.E. 272nd St., Kent, Washington 98030, ("Seller"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer, under threat of condemnation, agrees to buy and Seller agrees to sell, is known as King County tax parcel number 000660-0044, located at 1118 Central Avenue S., Kent, Washington 98032 (the "Property"). The Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Within five (5) days of mutual acceptance of this Agreement, Buyer shall deposit with Pacific Northwest Title Escrow, 116 Washington Avenue North, Kent, Washington 98032, Ten Thousand and No/100ths Dollars ($10,000.00), as refundable earnest money to be applied toward the purchase price of the Property payable at Closing. 3. PURCHASE PRICE. The total purchase price for the Property is ,Four Hundred and Seven Thousand, Five Hundred Dollars ($407,500.00), including earnest money, reimbursement for Seller's appraisal and negotiation costs, and review allowance pursuant to RCW 8.25.020. This amount will be payable at 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. (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement as set forth in Exhibit C. REAL ESTATE PURCHASE AND SALE AGREEMENT (October 2, 2008) Page 1 of 7 ORIG AL (d) A Feasibility Study as follows: (1) Buyer shall have ninety (90) 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) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies, and marketing feasibility. (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 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. Seller has previously executed a Right of Entry on behalf of Buyer for purposes of performing the feasibility study. (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) 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 Accountable Escrow, by Buyer to Seller shall REAL ESTATE PURCHASE AND SALE AGREEMENT (October 2, 2008) Page 2 of 7 be immediately returned to Buyer. Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.) and to hold Seller harmless from any liens that may be filed against the Property based on claims that Buyer has not paid contractors or materialmen engaged by Buyer to perform the feasibility study. Should any of these contingencies not be met prior to closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in Pacific Northwest Title Company shall be immediately returned to Buyer. S. 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 7 below. 6. IRS RULE 1031. Buyer and Seller agree to participate In Seller's transfer pursuant to IRS Rule 1031 and Buyer agrees to execute required documents so long as no expenses attach to Buyer for such participation. 7. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title Company, whose address and telephone number is 116 Washington Avenue North, Kent, Washington 98032, 253-520-0767, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of such 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: subsurface rights reserved by 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. S. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be REAL ESTATE PURCHASE AND SALE AGREEMENT (October 2, 2008) Page 3 of 7 pro-rated as of date of closing unless otherwise agreed. Excise taxes due, if any, shall be Seller's responsibility. 9. 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 date of satisfaction and release of all contingencies, 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 Company, 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. 10. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by lire or other casualty, this agreement, at option of the Buyer, shall become null and void. 11. POSSESSION. Buyer shall be entitled to possession on closing. 12. SELLER'S REPRESENTATIONS. Seller represents: (a) that he/she will maintain the property 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. 13. 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 environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of 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 regulatory actions by governmental entities. REAL ESTATE PURCHASE AND SALE AGREEMENT (October 2, 2008) Page 4 of 7 14. BROKER'S COMMISSION. This Property was'acquired under threat of the exercise of Buyer's power of eminent domain and Buyer Is not party to any Agreement between Seller and any broker regarding Seller's obligation to pay commission or fees. Under these circumstances, Seller shall be responsible for any commission or other payment due any real estate broker in connection with this transaction to be paid at closing, 15. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'$ SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST BUYER 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 BUYER'S DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL. DAMAGES, (b) Selier'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 a[i its own costs and attorney's fees. 16. 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 the 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. REAL ESTATE PURCHASE AND SALE AGREEMENT (October2, 2008) Page 5 of 7 V b l• L• L V V V I J V • - , 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, addressed as set forth below; (a) All notices to be given to Buyer shall be addressed as follows; Charles,Lindsey, Facilities Manager City of Kent 220 Fourth Avenue South Kent, Washington 98032 (b) All notices to be given to Seller shall be addressed as follows; Mr, and Mrs. Frank Scarsella 10426 S.E. 272"d St. Kent, WA 98030 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 third day following the day such notice is mailed in accordance with this paragraph, 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; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 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. 21, EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on October 6, 2008 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 rights of the parties hereunder shall terminate, REAL ESTATE PURCHASE AND SALE AGREEMENT (October 2, 2008) Page 6of7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. BUYER: SELLERS: THE CITY OF KENT By: 40, By: Frank A. Scarsella S e Cook , Mayor D e la Dated:_. a `�� Z C rzv By: Maria L. Scarsella Dated: Q y, a-0 0 APPROVED AS TO FORM: City of Kent 199 Department P:\Clv1l\Fl1es\0penF1les\1268\RealFstatePurchaseSaleAgr2.doc REAL ESTATE PURCHASE AND SALE AGREEMENT (October2, 2008) Page 7 of 7 . r That portion of the s. W. Russell Donation Claim, Section 25, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the East Kent-Auburn Highway with the north line of Tract 24, Horseshoe Acre Tracts to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County, Washington; Thence north along the east margin of said highway, 160 feet to the TRUE POINT OF BEGINNING; Thence north along the east margin of said highway 60 feet; Thence east 149 feet; 'Thence south 60 feet.; Thence west 149 feet to the TRUE POINT OF BEGINNING; EXCEPT the west 6 feet conveyed to the City of Kent under Recording Number 7305010046, a re-recording of Recording Number 7304250009. �r Portion of the northeast 1/ 25 -22 -4 355. 310,7e r=7 � �V -y 1' C 59.59• '• __ �92083 1 1 2 80/8 1 g,',�$•� ^, 92 8031788 . 73031400 8D -- _ gIJ9 JD2. rF, 36L222S s , 09 0 I m N 1 a'�_ 0 •M p1. 7Q 6 Nr P m 1• Ill ti O 1 �7 LO [D O o ri R. ❑ . C . 1 eD c w 20029 5F a '� ! Id3 fl02� 1 m idg c X No [Ile � t' SeO SF �? to 6044 c 1 U ,m 143 Vf d1• S 88-14-�9 E Id3.00 � ( ti e SELLER'S DISCLOSURE STATEMENT 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 numbers) of the questioh(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-M—AIDE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT f f f �f C�f_UO -�`.�- i'✓�.S , KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. 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, Selfer ,,X.. Is not occupying the property, Seller's Disclosure Statement -Page 1 of 7 I. SELLER'S DISCLOSURES: *If you answer"lies" 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. 7TTLE Xe Yes [] No [] Don't know A. Do you have legal authority to self the property? If no, please plaln. [] YesyNo [] 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 t] N2spo<aes? Don't know C. Are there any encroachments, boundary agreements, or boundary [] Yes [] No M 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 No [] Don't know E. Are there any written agreements for joint maintenance of an easerj(eft or right of way? [] Yes No [] Don't know F. Is there any study, survey project, or notice that would adveyteiy affect the property? [] Yes {/No [] Don't know G. Are there any pending or existing assessments against the proper-W. [] Yest No [] Don't know H. Are there any zoning violations, nonconforming uses, or any unus hrestrictions 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 VNo [] Don't know 7. Are there any covenants, conditions, or restrictions which affect the property? Seller's Disclosure Statement- Page 2 of 7 2. WATER A. Household Water (1) The source of water for the property is: X.C30ther rivate or publicly owned water system [] Private well serving only the subject property water system [] Yes [] No [] Don't know *If shared, are there any written agreements? 101t _ [] Yes No [] Don't know (2) Is there an easement(recorded or unrecorded)for access to •and/ot iaintenance of the water source? [] Yes No [] Don't know (3) Are there any known problems or repairs needed? 4 Yes [] No [] Don't know (4) During your ownership, has the source provided an adequate y7::ar round supply of potable water? If no, please explain. [] Yes No [] Don't know *(5) Are there any water treatment systems for the property? If yes, are hey [ ]Leased [ ]Owned B. Irrigation [) YesNo [] Don't know (1) Are there any water rights for the property, such as a water right, ermit, certificate, or claim? [] Yes [] No [] Don't know *(a) If yes, have the water rights been used during the last five years? 1U,lAl— [] Yes [] No [] Don't know *(b) If so, is the certificate available? C. Outdoor Sprinkler System [] YesXNo [] Don't know (1) Is there an outdoor sprinkler system for the property? [] Yes [] No j] Don't know (2) If yes, are there any defects in the system? PlAr [] Yes [] No [] Don't know *(3) If yes, Is the sprinkler system connected to irrigation water?Ml'6 3. SEWERION-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's Disclosure Statement - ;Page 3 of 7 B. If public sewer system service Is availabfe 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? [] Yei No [] Don't know fV t D. I 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 V'YYes [] No [] Don't know E. Are all plumbing Fixtures, including laundry drain, connected to the sewer/on-site sewage system? If nd, please explain: [] Aave o [] Don't know F. here been any changes or repairs to the on-site sewage system? [] Y;Svd�n_site o [] Don't know G. sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [] Yet No [] Don't know H. des the on-site sewage system require monitoring and maintenance services more frequently than once a year?If yes, please explain. Seller's Discfosure Statement - Page 4 of 7 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLE1-ED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM S. SYSTEMS AND FIXTURES 4. STRUCTURAL Yes [] No [] Don't know A. Has the roof leaked? 49104AL4,4��7 c:;2 0Gl9— [] Yes 19No [] Don't know B. Has the basement flooded or le aked? [] Yes`,No [] Don't know C. Have there been any conversions, additions, or remodeling? j] 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? t Yes [] No [] Don't know D. Do you know the age of the house? If yes, year of original �construction: X7 [] Yes XMpyrrovements? No [] Don't know E. Has there been any settling, slippage, or sliding of the property or its [] Yes No [] Don't know F. Are there any defects with the following: (If yes, please check appli able items and explain.) [] 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 [] YesNo [] Don't know G. Was a structural pest or"whole house" Inspection done? If yes, when and by whom was the inspection completed? [] Yes I-fNo [] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [] Yes [] No<Don't know I. Is the attic insulated? [] Yes [] No [] Don't know J. Is the basement insulated?/1/�- Seller's Disclosure Statement- Page 5 of 7 5. 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 VNo [] Don't know Electrical system, including wiring, switches, outlets, and service [] Yes�tNo [] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets [] YeNo [] Don't know Hot water tank [] Yes jj[] No [] Don't know Garbage disposal /*A-- [] Yes)(No [] Don't know Appliances [] Yes [] No [] Don't know Sump pump "' f [] Yes No [] Don't know Heating and cooling systems [] Yes [] No [] Don't know Security system [] Owned [] Leased Other......................................... .B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) [] Yes (] No [] Don't know Security system. [] Yes No [] Don't know Tanks (type):. A [] Yes j] No [] Don't know Satellite dish r r [] Yes [] No [] Don't know Other:........................................ 6. �C,0MM0N INTERESTS [] Yes P .No [] Don't know A. Is there a Home Owners'Association? Name of Association [] Yes No [] Don't know S. Are there r6gular perlodlc assessments: per [ ] Month [ ] Year [] Other /Jxj� [] Yes No [] Don't know C. Are there any pending special assessments? [] Yes q No [] Don't know D. Are there any shared °common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? Seller's Disclosure Statement- Page 6 of 7 r _ 7. GENERAL [] YesI�No [] Don't know A. Have there been any drainage problems on the property? [] Yes [] No Don't know B. Does the property contain fill material? [] Yes CNo [] Don't know C. Is there any material damage to the property from fire, wind, floods ch movements, earthquake, expansive soils, or landslides? [] Yes [] No Don't know D. Is the property in a designated flood plain? [] Yes j] N Don't know E. Are there any substances, materials, or products on the property th t may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [] Yes No [] Don't know F. Has the property ever been used as an illegal drug man facturing site? [] Yes No [] Don't know G. Are there any radio towers in the area that may cause interfe i ce with telephone reception? S. MANUFACTURED AND MOBILE HOMES 11 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 imow C. If alterations were made, were permits or variances for these alterations obtained? 9. FULL DISCLOSURE BYSELLERS A. Other conditions or defects: [] Yes [] No Don't know Are there any other existing material defects affecting the property that a prosy c 've 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 bu ers of the prop erty�/� DATE: w J SELLER SELLER`CC!/1 Z�&IZ1G-4:, Seller's Disclosure Statement - Page 7 of 7