HomeMy WebLinkAboutPK09-318 - Original - Phuoc Huu Vo - Real Estate Purchase of Parcel No. 6000000052 - Naden Ave - 07/23/2009 Records Management_
KENT Document
WAS XI NGTON
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 Clerk's Office.
Vendor Name: V 'EJY Oyl
Vendor Number:
JD Edwards Number
Contract Number: eLo 3A?
This is assigned by City Clerk's Office
Project Name: v d F `0 jgjyA"!2, —�� �/�¢S-� '- E�(,w- 5'
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Other: �a �r-� '�t- Se `'Z
Contract Effective Date: Z O Termination Date: Sh��
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:'l-iav tkveJk-! ,pepartment:
Detail: (i.e. address, location, parcel number, tax id, etc.):
VO
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S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, whose mailing address is 220 4th Avenue South, Kent,
Washington 98032 ("Buyer"), and PHUOC HUU VO, whose mailing address is 318
1/2 Naden Avenue South, Kent, Washington 98032-5736 ("Seller"), for the sale and
purchase of real property as follows:
1. PROPERTY. The property, including all improvements and
appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to
sell, is approximately .26 acres comprised of King County tax parcel number
6000000052 legally described in Exhibit A, attached hereto and incorporated
herein by this reference ("Property"). A map indicating the location of the Property
is also attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. Upon mutual acceptance of this Agreement,
Buyer shall deposit with Pacific Northwest Title Company, 116 Washington Avenue
North, Kent, Washington 98032 ("Closing Agent") Two Thousand and NO/100
Dollars ($2,000) in the form of a City of Kent Purchase Order ("Earnest Money"), as
refundable earnest money to be applied towards the purchase price of the Property
payable at Closing.
3. PURCHASE PRICE.
(a) The purchase price for the Property will be One Hundred Eighty-
Seven Thousand Dollars and No/100 ($187,000.00). In addition, Buyer will pay to
Seller at Closing Seller's moving costs of Three Thousand Dollars ($3,000.00).
(b) The purchase price shall be payable in cash at Closing.
4. CONTINGENCIES. This Agreement is contingent upon the following:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyer's review and approval of the title report according to section
5(b).
(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 attached and incorporated herein. The Disclosure
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 1 of 8
(between Cay of Kent and Phuoc Huu Vo)
Statement shall be completed by the Seller within ten (10) days from the date of
mutual acceptance.
(d) A Feasibility Study as follows:
(i) Buyer shall have 15 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. Buyer
agrees to assume all liability for and to defend, indemnify and save Seller harmless
from all liability 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 claims 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 and
capacity, access availability, zoning, preliminary architectural and engineering
studies, marketing feasibility.
(M) 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 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 or developed by Buyer in connection with its feasibility
study.
(e) Prior to Closing, removal from the Property, by Seller, of all
vehicles that do not have a current license and removal from the Property by
Seller of all personal property other than personal property to be left inside the
house on the Property for the tenants' use under the Lease in Exhibit D
attached and incorporated herein.
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 2 of 8
(between City of Kent and Phuoc Huu Vo)
(f) Prior to Closing, Seller shall provide Buyer with proof, to
Buyer's satisfaction, that any underground fuel storage tank on the Property has
previously been decommissioned, or Seller shall decommission the underground
fuel storage tank in accord with all applicable regulations.
Should any of the contingencies in 4(a), 4(b), 4(c), 4(e) and 4(f) above not be
satisfied by their deadlines, then this Agreement shall terminate and neither Buyer nor
Seller shall have any further rights, duties or obligations hereunder, except that the
refundable Earnest Money held by Pacific Northwest Title shall be immediately
returned to Buyer. If Buyer fails to notify Seller in writing of the removal of the
contingencies in 4(d) above then this Agreement shall be terminated, and
neither Buyer nor Seller shall have any further rights, duties or obligations
hereunder, other than the obligation of Buyer to indemnify and hold Seller harmless
as set forth in subsection 4(d), and Buyer agrees to return the Property to its
original state (e.g., fill all boring holes, etc.).
5. TITLE
(a) Conveyance. At Closing Seller shall convey to Buyer fee
simple title to the Property by duly executed and acknowledged statutory warranty
deed (the "Deed"), free and clear of all defects and encumbrances and subject only
to those exceptions that Buyer approves pursuant to this Agreement (the
"Permitted Exceptions").
(b) Preliminary commitment. Buyer shall order a preliminary
commitment for an owner's standard coverage policy of title insurance in the
amount of the purchase price of the property to be issued by Pacific Northwest Title
Company, whose address and telephone number is 116 Washington Avenue North,
Kent, Washington 98032, (253) 520-0805 (the "Title Company") and
accompanied by copies of all documents referred to in the commitment (the
"Preliminary Commitment"). Buyer shall advise Seller by written notice what
exceptions to title, if any, are disapproved by Buyer ("Disapproved Exceptions")
within five (5) days of mutual acceptance. Seller will have (5) days after receipt of
Buyer's notice to give Buyer notice that (i) Seller will remove Disapproved
Exceptions or (ii) Seller elects not to remove Disapproved Exceptions. If Seller fails
to give Buyer notice before the expiration of the (5) day period, Seller will be
deemed to have elected not to remove Disapproved Exceptions.
If Seller elects not to remove any nonmonetary Disapproved Exceptions,
Buyer will have until the expiration of the feasibility study period to notify Seller of
Buyer's election either to proceed with the purchase and take the Property subject
to those exceptions, or to terminate this Agreement within five (5) business days
after receipt of Seller's notice. If Buyer elects to terminate this Agreement under
this Section, the escrow will be terminated, the refundable Earnest Money will be
returned to Buyer, all documents and other funds will be returned to the party who
deposited them, and neither party will have any further rights or obligations under
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 3 of 8
(beriveen City of Kent and Phuoc Huu Yo)
this Agreement except as otherwise provided herein. If this Agreement is
terminated through no fault of Seller, then Buyer shall pay any costs of terminating
the escrow and any cancellation fee for the Preliminary Commitment.
(c) Title policy. Seller shall cause the title company to issue to
Buyer at Closing a standard coverage owner's policy of title insurance insuring
Buyer's title to the Property in the full amount of the purchase price subject only to
the exceptions allowed under section 5(b) (the "Title Policy"). The Title Policy must
be dated as of the Closing date.
6. 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. Seller shall pay for excise tax and revenue stamps.
Taxes for the current year, rents, interest, association, condominium and/or
homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date
of Closing unless otherwise agreed.
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, the sale shall be closed for the Property
within thirty (30) days from the date of mutual acceptance ("Closing"). When
notified, the Buyer and Seller will deposit, without delay, in escrow with Closing Agent,
all instruments and monies required to complete the transaction in accordance with
this Agreement. At Closing all documents will be executed and the sale proceeds will
be available for disbursement to the Seller.
8. CASUALTY LOSS. If prior to Closing, improvements on the Property are
destroyed or materially damaged by fire or other casualty, Buyer shall have the option
of terminating the Agreement.
9. POSSESSION AND LEASE. Seller shall take possession on the first day
of the month following the Closing. Seller and Buyer agree to execute at Closing the
Lease attached and incorporated as Exhibit D.
10. SALVAGE. Seller may salvage the following improvements on the
Property: . All salvage
must be completed by termination of the Lease attached as Exhibit D.
11. SELLER'S REPRESENTATIONS. Seller represents as follows:
(a) he/she will maintain the property in present or better condition
until time of agreed possession, reasonable wear and tear excepted;
(b) he/she has no knowledge or notice from any governmental
agency of any violation of laws relating to the Property
except: ; and
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 4 of 8
(between City of Kent and Phuoc Huu Vo)
(c) the Property is not encumbered by any leases.
12. SEPTIC SYSTEM. Seller represents that the Property is served by a
private on-site sewage system ("OSS").
(a) Seller represents that, to the best of Seller's knowledge, the
OSS serving the property does not require repair other than pumping and normal
maintenance; does not currently violate any applicable local, state, and federal
laws, standards, and regulations; and has no material defects.
(b) Buyer agrees to retain a licensed on-site system maintainer
("OSM") to prepare a monitoring and performance inspection report of the OSS
("Operation and Maintenance Report") and to complete the other requirements of
King County Health Code Section 13.60.030. Said inspection shall take place prior
to the OSS being pumped under Section 10(e) below. Within fourteen (14) days of
mutual acceptance Seller shall deliver to Buyer a copy of the maintenance records
for the OSS, if maintenance records are available.
(c) Seller shall cooperate with Buyer to record notice on title
required by King County Health Code Section 13.56.054.A.
(d) At Closing, Buyer shall pay and authorizes the Closing Agent to
send to the King County health officer the necessary fee and a signed copy of the
notice on title as set forth in King County Health Code Section 13.56.054.A.
(e) Buyer agrees to have the OSS inspected and, if necessary,
pumped by an OSS service company at Buyer's expense.
If any of the requirements in (a) through (e) above cannot be completed to Buyer's
satisfaction, Buyer shall have the option to terminate this Agreement and have the
refundable Earnest Money be immediately returned to Buyer.
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 or omission occurring prior to the
Closing date, the result of which may require remedial action pursuant to any
federal, state or local law or may be the basis for the assertion of any third party
claims, including, claims of governmental entities. This provision shall survive the
Closing and be in addition to Seller's obligation for breach of a representation or
warranty as may be set forth herein.
14. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 5 of 8
(between City of Kent and Phuoc Huu Vo)
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and/or other expenses which may be imposed upon or incurred by
Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with any action
taken by seller or its agents pursuant to Section 10, or breach of the
representations made in Sections it and 13 of this Agreement. This indemnity
shall survive the Closing.
15. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, other than with
respect to its obligation to indemnify and hold Seller harmless set forth in
subsection 4(d), Seller's sole monetary remedy shall be limited to damages in the
liquidated amount of the earnest money previously paid into escrow or to Seller in the
amount of Two Thousand Dollars and NO/100ths ($2,000.00). Buyer and Seller intend
that said amount constitutes liquidated damages in order 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.
Buyer and Seller believe this amount to be a fair estimate of actual damages.
BUYER'S INITIALS: SELLE IS INITIALS:
—o
Suzette Cooke, Mayor Phuoc Huu Vo
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have
all the rights and remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation to enforce
any of the terms or provisions herein, the prevailing party shall be awarded its
reasonable attorney's fees and costs.
16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, personal
service, or by facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 6 of 8
(between City of Kent and Phuoc Huu Vo)
Jeff Watling, Director
Parks, Recreation & Community Services Department
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Fax Number: (253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows:
Phuoc Huu Vo or /�
318 1/2 Naden Avenue South 4e�/W;&Pw ow /a0
Kent, Washington 98032-5736 �}llfP�w SG Mo�
Telephone Number: a - 4-M- 3ZJ� a,•,p
1a3-811. 9d4�t Wer k
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.
IS. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this
Agreement, the date of mutual acceptance of this Agreement shall be the last date
on which the parties to this Agreement have executed this Agreement as indicated
below.
21. Expiration of Offer. Seller shall have until 5:00 p.m. on
, 2009 to accept the Purchase and Sale Agreement as written, by delivering a
signed copy to Buyer. If Seller does not deliver a copy within said time period, this
Agreement shall lapse and all rights of the parties hereunder shall terminate.
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 7 of 8
(between City of Kent and Phuoc Huu Vo)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER: SELLER(S):
CITY OF K PHUOP HUU VO
By:
S ze e ,C oke, Mayor Phuuoc Huu Vo
Dated: 7 .,x3 Dated: 117 Jue 05
APPROVED AS TO FORM:
By: �;< (�' • �y� ',2
Kent City Attorney
P\CinMiles\CpenFiles\1070\VoRaMgatePmdaseAndSdeAgrcemen d=
REAL ESTATE PURCHASE AND SALE AGREEMENT 2009
—Page 8 of 8
(between City of Kent and Phuoc Huu Vo)
A.L.T.A. COMMITMENT Exhibit
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
The south half of the following described tract:
That portion of Government Lot 7, Section 24, Township 22 North,
Range 4 East, W.M. , in King County, Washington, described as
follows:
Beginning at a point on the west boundary line of the Seattle-Tacoma
Interurban right of way, which point is 726 feet south of the south
boundary line of Meeker Avenue in the Town of Kent;
Thence running west 340.35 feet;
Thence south 132 feet;
Thence east 3554.31 feet to the west boundary line of the right of
way of the said railroad;
Thence north along the west boundary line of said right-of-way,
132.54 feet to the point of beginning;
EXCEPT the west 171 feet thereof;
AND EXCEPT the east 6 feet thereof;
(ALSO KNOWN AS a portion of Tract 5, E.H. Naden's Garden Tract B,
according to the unrecorded plat thereof) .
END OF SCHEDULE A
Y
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document
Ptn. Gov't Lot 7, 24-22-04
Exhibit B
E .H . Naden' s Garden Tracts (unrecorded)
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855 SF
PACIFIC NORTHWEST TITHE Order No . 698492
Company o£Waslungton, Inc.
IMPORTANT: This is not a Plat of Survey. It is furnished as a
convenience to locate the land indicated hereon with reference to
streets and other land. No liability is assumed by reason of reliance
hereon.
Exhibit C
NWMLS Form No 17 0 Copyright 2005
W A R.Form No D-5 Northwest Multiple Listing Service
Rev 7105 SELLER DISCLOSURE STATEMENT t ALL RIGHTS RESERVED
Page I of 5 ,Pag/es
V SELLER yO +'V l) 1
t To be used in transfers of residential real property,including multi-farmly dwellings up to four units,new construction,condominiums not subject 2
to a public offering statement,certain timeshares,and manufactured and mobile homes. See RCW Chapter 64 06 and Section 43 22 432 for 3
further explanations 4
INSTRUCTIONS TO THE SELLER 5
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 6
answer is"yes"to any asterisked(*)item(s),please explain on attached sheets Please refer to the line number(s) of the question(s)when you 7
provide your explanation(s) For your protection you must date and initial each page of this disclosure statement and each attachment Delivery of 8
the disclosure statement must occur not later than five(5)business days,unless otherwise agreed, after mutual acceptance of a written purchase 9
and sale agreement between Buyer and Seller 10
NOTICE TO THE BUYER 11
TIDE FOLLOWIING,PISCLOS S ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12
�/ /2 /J *>i S 13
CITY V K e.� ,COUNTY V i_.VA- k-fAI G ("THE PROPERTY")OR AS LEGALLY DESCRIBED ON THE 14
ATTACHED EXHIBIT A SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL 15
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES 16
THIS DISCLOSURE STATEMENT.UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE(3) 17
BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO 18
RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER 19
OR SELLER'S AGENT IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT,THEN YOU MAY 20
WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMENT 21
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 22
LICENSEE OR OTHER PARTY.THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF 23
ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER 24
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED 25
TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY,WHICH MAY INCLUDE, 26
WITHOUT LIMITATION,ARCHITECTS, ENGINEERS,LAND SURVEYORS, PLUMBERS,ELECTRICIANS,ROOFERS,BUILDING 27
INSPECTORS,ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS THE PROSPECTIVE 28
BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO 29
PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, 30
DEFECTS OR WARRANTIES 31
Seller gist is/ ❑is not occupying the property, 32
L SELLER'S DISCLOSURES: 33
*If you answer"Yes"to a question with an asterisk(*),please explain your answer and attach documents,if available and not otherwise 34
publicly recorded If necessary,use an attached sheet YES NO DON'T 35
1. TITLE KNOW 36
A Do you have legal authority to sell the property'[If not,please explain. 37
*B Is title to the property subject to any of the followmgl ❑ ❑ ❑ 38
(1) First right of refusal 0 39
(2) Option ❑ � El40
(3) Lease or rental agreement ❑ 0 ❑ 41
(4) Life estate ❑ ®, ❑ 42
*C. Are there any encroachments,boundary agreements,or boundary disputes? ❑ ® ❑ 43
*D Are there any rights of way, easements,or access limitations that may affect 44
Buyer's use of the property? ❑ X. ❑ 45
*E. Are there any written agreements for joint maintenance of an easement or right of way? C] ln1 p� ❑ 46
*F Is there any study, survey project,or notice that would adversely affect the property? ❑ ❑ 47
*G Are there any pending or existing assessments against the propertyv ❑ ❑ 48
*H Are there any zoning violations,nonconforrmng uses,or any unusual restrictions 49
on the property that would affect future construction or remodeling? ❑ 161 ❑ 50
*I. Is there a boundary survey for the property? ❑ ® ❑ 51
*I Are there any covenants,conditions, or restrictions which affect the property? ❑ F71 ❑ 52
PLEASE NOTE: Covenants,conditions, and restrictions which purport to forbid or restrict the conveyance,encumbrance,occupancy,or lease of 53
real property to individuals based on race,creed,color,sex,national origin,familial status,or disability are void,unenforceable,and illegal RCW 54
49 60 224 55
SELLER'S INITIAL• �_ (�J _DATE SELLER'S INITIAL• DATE: O7 17 Og56
1
NWMLS Form No 17 0 Copyrigh t 2005
Northwest Multiple lasting Service
WAR-Form No D-5
Rev 7105 SELLER DISCLOSURE STATEMENT ALL RIGHTS RESERVED
Page 2 of 5 Pages YES NO DON'T 57
2. WATER KNOW 58
A. Household Water 59
(1) The source of water for the property is. 9 Private or publicly owned water system 60
❑ Private well serving oily the subject property *❑ Other water system 61
*If shared,are there any written agreements? ❑ �C ❑ 62
*(2) Is there an easement(recorded or unrecorded)for access to and/or maintenance 63
of the water source? ❑ ❑ 64
*(3) Are there any known problems or repairs needed? ❑ ❑ 65
(4) During your ownerslup,has the source provided an adequate year round supply 66
of potable water? ❑ ❑ 67
If no,please explain: 68
*(5) Are there any water treatment systems for the property? ❑ ❑ 69
If yes, are they ❑ Leased ❑ Owned 70
71
B Irrigation
(1) Are there any water rights for the property,such as a water right,permit, 72
certificate,or claim? ❑ ❑ 73
*(a) If yes, have the water rights been used during the last five-years? ❑ ❑ ❑ 74
*(b) If so,is the certificate available? ❑ ❑ ❑ 75
C Outdoor Spnnkler System 76
(1) Is there an outdoor sprinkler system for the property? ❑ ❑ 77
*(2) If yes,are there any defects in the system? ❑ ❑ ❑ 78
*(3) If yes,is the sprinkler system connected to irrigation water? ❑ ❑ ❑ 79
3. SEWER/ON-SITE SEWAGE SYSTEM 80
A. The property is served by- 81
❑ Public sewer system KOn-site sewage system(including pipes,tanks,drainfields,and all other component parts) 82
❑ Other disposal system 83
Please describe �' �((r/ � � 84
B If public sewer system service is available to the property,is the house ❑ ® ❑ 85
connected to the sewer main? 86
If no,please explain Wo?. TANK 87
C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly 88
billed sewer or on-site sewage system maintenance service? ❑ ❑ 89
D. If the property is connected to an on-site sewage system. 90
*(1) Was a permit issued for its construction,and was it approved by the local health department or 91
district following its construction? ❑ ❑ 92
(2) When was it last pumped? ❑ ❑ 93
*(3) Are there any defects in the operation of the on-site sewage system? ❑ ❑ 94
(4) When was it last inspected? 95
By whom 96
(5) For how many bedrooms was the on-site sewage system approved? bedrooms 97
E. Are all plumbing fixtures,including laundry drain,connected to the �( 98
sewer/on-site sewage system? k>I ❑ ❑ 99
If no,please explain 100
*F Have there been any changes or repairs to the on-site sewage system? ❑ ❑ 10,
G. Is the on-site sewage system,including the drainfield,located entirely 102
within the boundaries of the property? ❑ ❑ 103
If no,please explain- 104
H Does the on-site sewage system require monitoring and maintenance services more frequently 105
than once a year? ❑ I ❑ 106
If yes,please explain / ,` 107
SELLER'S INITIAL Y \J$4 DATE �r I7 0 SELLER'S INITIAL: V \I44— DATE: 07I to ]OS
2
NWMLS Form No 17 C Copyright 2005
Northwest Multiple Lusting Service
WAR Form No D-5
Rev 7105 SELLER DISCLOSURE STATEMENT ALL RIGHTS RESERVED
Page 3 of 5 Pages
NOTICE:IF THIS SELLER DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH 109
HAS NEVER BEEN OCCUPIED,SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 110
(STRUCTURAL)OR ITEM 5(SYSTEMS AND FIXTURES). YES NO DON'T 111
KNOW 112
113
4. STRUCTURAL
*A Has the roof leaked? ❑ ❑ 114
*B Has the basemen[flooded or leaked? ❑ ® ❑ 115
*C Have there been any conversions,additions or remodelmg7 ❑ 0 ❑ 116
*(1) If yes,were all building permits obtained? ❑ ❑ ❑ 117
*(2) If yes,were all final inspections obtained? ❑ ❑ ❑ 118
*D. Do you know the age of the house? ❑ El ❑ 119
If yes,year of original construction I� 120
*E Has there been any settling,slippage,or sliding of the property or its improvements? El9 ❑ 121
*F Are there any defects with the following* (If yes,please check applicable items and explain} ❑ f q ❑ 122
❑ Foundations ❑ Decks ❑ Exterior Walls 123
❑ Chimneys ❑ Interior Walls ❑ Fire Alarms 124
❑ Doors ❑ Windows ❑ Patios 125
❑ Ceilings ❑ Slab Floors ❑ Driveways 126
❑ Pools ❑ Hot Tub ❑ Sauna 127
❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 128
❑ Garage Floors ❑ Walkways ❑ Wood Stoves 129
❑ Siding ❑ Other 130
*G Was a structural pest or"whole house"inspection done? ❑ ❑ 131
If yes,when and by whom was the inspection completed? 132
133
*H During your ownership,has the property had any wood destroying organisms or pest infestations? ❑ ❑ 134
I Is the attic insulated? ❑ ❑ 135
I Is the basement insulated? ❑ ❑ 136
5. SYSTEMS AND FIXTURES 137
*A If any of the following systems or fixtures are included with the transfer,are there any defects? 138
If yes,please explain 139
Electrical system,including wiring,switches,outlets,and service ❑ ❑ 140
Plumbing system,including pipes,faucets,fixtures,and toilets ❑ ® ❑ 141
Hot water tank ❑ ®` ❑ 142
Garbage disposal ❑ tr- ❑ 143
Appliances ElICJ vf ❑ 144
Sump pump ❑ ❑ 145
Heating and cooling systems ❑ ❑ 146
Security system ❑Leased [] Owned ❑ ❑ 147
Other ❑ ❑ 148
*B If any of the following fixtures or property is included with the transfer,are they leased? 149
(If yes,please attach copy of lease.) 150
Security System ❑ ❑ 151
Tanks(type) ❑ ❑ 152
Satellite dish ❑ ❑ 153
Other* ❑ ❑ 154
SELLER'S INITIAL U(( DATE. YrQ 11 Oq SELLER'S INITIAL; \)6� DATE- ✓Q-1 1 D� 155
3
NWMLS Form No 17 0 Copyright 2005
W A R Form No.D-5 Northwest Multiple Listing Service
Rev 7/05 SELLER DISCLOSURE STATEMENT ALL RIGHTS RESERVED
Page 4 of 5 Pages DON'T 156
6. COMMON INTERESTS YES NO KNOW 157
A Is there a Home Owners'Association? ❑ ❑ 158
Name of Association 159
B Are there regular periodic assessments? ❑ ® ❑
160
per ❑ month ❑years 161
❑Other 162
*C Are there any pending special assessments? ❑ IR ❑ 163
*D Are there any shared"common areas"or any joint maintenance agreements(facilities such 164
as walls, fences,landscaping,pools,tennis courts,walkways,or other areas co-owned in 165
undivided interest with others)? ❑ ❑ 166
7. GENERAL 167
'A Have there been any drainage problems on the property? ❑ Rf ❑ 168
*B Does the property contain fill material? ❑ ❑ 169
*C Is there any material damage to the property from fire,wind,floods,beach movements, �( 170
earthquake,expansive sails,or landslides? ❑ ,Ittt3��1tl ❑ 171
D. Is the property in a designated flood plain? ❑ rpi ❑ 172
E Has the local(city or county)planning agency designated your property �t 173
as a"frequently flooded area"? ElNw, ❑ 174
*F. Are there any substances,materials,or products on the property that may be environmental 175
concerns,such as asbestos,formaldehyde,radon gas,lead-based paint,fuel or chemical storage � 176
tanks, or contaminated soil or water? ❑ E ❑ 177
*G Are there any tanks or underground storage tanks(e g,chemical,fuel,etc)on the property? ❑ 0 ❑ 178
*H Has the property ever been used as an illegal drug manufacturing site? ❑ X ❑ 179
*I Are there any radio towers in the area that may cause interference with telephone reception? ❑ ❑ 180
8. LEAD BASED PAINT (Applicable if the house was built before 1978) 181
A Presence of lead-based paint and/or lead-based paint hazards(check one below)- 182
❑ Known lead-based paint and/or lead-based paint hazards are present in the housing 183
(explain). 184
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 185
B. Records and reports available to the Seller(check one below)- 186
❑ Seller has provided the purchaser with all available records and reports pertaining to 187
lead-based paint and/or lead-based paint hazards in the housing (list documents below). 198
189
.��}}
Ity Seiler has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing 190
9. MANUFACTURED AND MOBILE HOMES 191
If the property includes a manufactured or mobile home, 192
*A Did you make any alterations to the home? ❑ ❑ 193
If yes, please describe the alterations* 194
*B Did any previous owner make any alterations to the home? ❑ � ❑ 195
If yes,please describe the alterations 196
*C If alterations were made,were permits or variances for these alterations obtained? ❑ E ❑ 197
10. FARM PROXIMITY 198
❑ If checked,the property lies within one mile of the property boundary of a farm The farm may generate usual and ordinary 199
noise,dust,odors,and other associated conditions,and these practices are protected by the Washington right to farm act 200
11. FULL DISCLOSURE BY SELLERS 201
A. Other conditions or defects: 202
*Are there any other existing matenal defects affecting the property that a prospective buyer y� 203
should know about? ❑ }�I ❑ 204
SELLER'S INITIAL:t� y44 DATE V 11 O Q SELLER'S INITIAL•V Vt} DATE- �/ 7 l 1 0 205
4
NWMLS Form No. 17 C Copyright 2005
W A R Form No.D-5 Northwest Multiple Listing Service
Rev 7105 SELLER DISCLOSURE STATEMENT] ALL RIGHTS RESERVED
Page 5 of 5 Pages
B. Verification 206
The foregoing answers and attached explanations(if any)are complete and correct to the best of Seller's knowledge and Seller has 207
received a copy hereof Seller agrees to defend,indemnify and hold real estate licensees harmless from and against any and all claims 208
that the above information is inaccurate Seller authonzes real estate licensees,if any,to deliver a copy of this disclosure statement to 209
other real estate licensees and all prospective buyers of the Property / 210
Date 1 tV1 Date: 211
Seller V Seller 212
l
NOTICE TO THE BUYER 213
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT214
AGENCIES.THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS 215
NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 216
II. BUYER'S ACKNOWLEDGEMENT 217
Buyer hereby acknowledges that. 218
A 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 219
attention and observation 220
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 221
estate licensee or other party 222
C Buyer acknowledges that,pursuant to RCW 64 06 050(2),real estate licensees are not liable for inaccurate information provided by 223
Seller,except to the extent that real estate licensees know of such inaccurate information 224
D This information is for disclosure only and is not intended to be a part of the written agreement between Buyer and Seller 225
E. Buyer(which term includes all persons signing the"Buyer's acceptance" portion of this disclosure statement below)has received a copy 226
of this Disclosure Statement(including attachments,if any)bearing Seller's signature(s) 227
F If the house was built prior to 1978,Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Home 228
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL 229
KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE UNLESS BUYER AND SELLER 230
OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE(3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S 231
AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY 232
SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT IF SELLER DOES NOT GIVE YOU A 233
COMPLETED DISCLOSURE STATEMENT,THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME 234
YOU ENTER INTO A SALE AGREEMENT 235
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT 236
THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR 237
OTHER PARTY, 238
DATE, DATE: 239
BUYER BUYER, 240
BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 241
Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement Buyer approves this statement and waives Buyer's right 242
to revoke Buyer's offer based on this disclosure 243
DATE DATE 244
BUYER• BUYER: 245
BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 246
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement Buyer waives that right 247
DATE DATE 248
BUYER BUYER 249
If the answer is"Yes"to any asterisked (*)items,please explain below (use additional sheets if necessary) Please refer to the line number(s)of 250
the question(s)
251
252
253
254
255
256
/ G 257
1!
SELLER'S INITIAL•S(/ V ( DATE- 0� 11 O 1 SELLER'S INITIAL- V V I DATE- 1258
5
EXHIBIT 11113"
LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY
OF KENT hereinafter called the "Owner", Hai Vo and Frank Huynh, hereinafter
called the "Tenants".
1. PREMISES
The Owner leases to Tenants the house and grounds located on King County
Tax Parcel No. 6000000052, located at 318 1/2 Naden Avenue South, Kent,
Washington 98032-5736, and legally described in Attachment "A" attached and
incorporated into this Lease (the "Premises").
2. USE
Tenants shall use the Premises for a personal residence only. 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 for the Premises. Tenants shall not
commit, or allow to be committed upon the Premises, any waste or any public or
private nuisance. Tenants will comply, at Tenants' 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 term of this Lease shall begin upon the first day of the month following
Closing of the sale of the Premises between Owner, as buyer, and Phuoc Huu Vo, as
seller ('Sale Agreement"), which was fully executed on , 2009. This
Lease shall continue until June 30th, 2010 ("Lease Term"). Tenants may terminate
this Lease sooner upon giving Owner twenty (20) days written notice prior to the end
of the month.
4. RENT
A. Monthly Rent of $1200.00 per month, through the term of the Lease,
has been included in the purchase price of the Sale Agreement. Tenants shall pay
leasehold tax, which at this time is 12.840% (or $154.08 per month), to Owner on the
first of each month. If this Lease is terminated prior to April 30, 2010, neither Owner
nor Tenants shall owe each other rent or leasehold tax.
B. Leasehold tax shall be paid in advance, on or before the first day of the
month during the Lease Term. Leasehold tax shall be mailed to:
City of Kent
Customer Services
EXHIBIT"Y-LEASE AGREEMENT Page 1 of 8
(between the City of Kent and Vo&Huynh)
220 Fourth Avenue South
Kent, WA 98032
D. Tenants shall pay Landlord a late payment charge equal to five percent
(5%) of the leasehold tax for any payment not paid within five (5) calendar days of
when due. Any amounts not paid when due under this lease shall bear interest until
paid at the rate of one percent (1%) per month.
5. TAXES
Tenants 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
Tenants, 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
the 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.
7. TENANTS OBLIGATIONS
A. Utilities: Tenants will pay, when due, all utilities (water, sewer, gas,
garbage, electricity, etc.). It is the obligation of the Tenants to set up or continue
utility services at the beginning of the tenancy. Tenants shall pay the utility
company directly. Tenants are obligated for all utilities until the last day of
tenancy. Tenants shall cause no liens of record to be placed upon the Premises
because of delinquent utility charges.
B. Operation Of Appliances: Tenants shall properly use and operate all
electrical, gas, heating, and plumbing fixtures as well as appliances supplied by the
Owner on the Premises.
C. Yard: Tenants shall, at their expense, maintain the Premises by
watering, weeding, and overall conditioning the lawn, shrubs, trees, and
landscaping.
D. Broken Glass: Tenants shall promptly replace any glass that is broken
as a result of the Tenants and their guest(s).
E. Appliances: Tenants shall promptly repair any appliances if the
malfunction was caused by Tenants.
F. Utility System: Tenants shall protect the plumbing system from
freezing and maintain the heating system, which includes regular changing of the
furnace filters if applicable.
G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters,
furnace, and chimney is the Tenants` obligation year round.
H. Dangerous Conditions: Tenants shall immediately notify the Owner of
any dangerous condition that might lead to the impairment of the value of the
Premises.
I. Insurance: Tenants shall procure and maintain renters insurance in
EXHIBIT"D"-LEASE AGREEMENT Page 2 of 8
(between the City of Kent and Vo& Huynh)
connection with Tenants' use of the Premises.
S. EXCEPTIONS FROM LEASE:
The following items will not be repaired or replaced by the Owner and remain
on the Premises only for the convenience of the Tenants:
9. OWNER OBLIGATIONS:
Owner agrees to maintain the Premises according to the laws of the State of
Washington and Federal agencies. However, if a defective condition was caused
directly or indirectly by the Tenants, their family, guest, licensee, or any other
person(s) acting under the control or direction of Tenants, the Owner shall have no
obligation to repair said defect. The Tenants shall have no defense against the
Owner to remedy the defective condition. This applies also where Tenants
unreasonably fails to notify Owner of the condition or allow Owner access to the
Premises for the purpose of repair.
10. ALTERATIONS
Tenants shall not make any alterations, additions or improvements to the
Premises, without obtaining the consent of Owner in writing first, which shall not be
unreasonably withheld. Owner does hereby consent to cosmetic alterations such as
painting. All alterations, additions and improvements that are made, shall be at the
sole cost and expense of Tenants. All improvements shall become the property of the
Owner except for improvements that Owner, at Owner's option, agrees are the
property of Tenants, or improvements that Owner requests Tenants remove at
termination. If the Tenants perform work with the consent of the Owner, Tenants
agree to comply with all laws, ordinances, rules, and regulations of the appropriate
governing authority. The Tenants further agrees to save the Owner free and
harmless from damage, loss or expense arising out of said work.
11. INDEMNIFICATION/HOLD HARMLESS
Tenants 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 Tenants and the Owner, its officers, officials, employees, and
volunteers, the Tenants's liability hereunder shall be only to the extent of the Tenants'
EXHIBIT"D"-LEASE AGREEMENT Page 3 of 8
(between the City of Kent and Vo & Huynh)
negligence. The provisions of this section shall survive the expiration or termination
of this Lease.
12. LIENS
Tenants shall keep the leased Premises free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Tenants.
13. ASSIGNMENT
Tenants 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
Tenants will allow Owner or Owner's agents free access at all reasonable times
to the Premises for the purposes of inspection. 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, REPAIR OR REPLACEMENT
In the event the Premises is damaged to such extent as to render the Premises
untenantsable in whole or in a substantial part thereof, or is destroyed, the Tenants
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 Tenants in writing of
Owner's intentions to repair or rebuild the Premises, or the part damaged. If Owner
elects to repair or rebuild the Premises, Owner shall prosecute the work of repairing
or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild the
Premises this Lease shall be terminated and Owner shall not be obligated to provide
Tenants another facility to lease.
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:
City of Kent
Attn: Parks & Community Services Director
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5007
EXHIBIT"D"-LEASE AGREEMENT Page 4 of 8
(between the City of Kent and Vo &Huynh)
TENANTS:
Hai Vo and Frank Huynh
318 '/z Naden Avenue South
Kent, WA 98032-5736
(253)
17. DEFAULT AND RE-ENTRY
If Tenants 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 the 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 Tenants it becomes necessary for the
Owner to use an attorney, or if Tenants 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 taking possession of, the Premises, the Owner
shall have the right, but not the obligation, to remove from the 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 Tenants 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
EXHIBIT"D"-LEASE AGREEMENT Page 5 of 8
(between the City of Kent and Vo & Huynh)
the laws of the State of Washington. During such tenancy Tenants agree to pay to
the Owner 110% ($1320.00) per month of the rent paid prior to Tenants' holding over
plus 100% leasehold tax on the rent 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 Premises,
Tenants agree to execute documents within three (3) days of the request of Owner to
subordinate this Lease to any mortgage, 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 Tenants.
TENANTS: OWNER:
Hai llo CITY OF KENT
Hai Vo Suzette Cooke
Date: Its Mayor
Date:
Frank Huynh
Fran Huynh
Date:
Notary blocks appears on next pages
EXHIBIT"D"-LEASE AGREEMENT Page 6 of 8
(between the City of Kent and Vo&Huynh)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2009, before me a Notary Public in and for
the State of Washington, personally appeared Hai Vo and Frank Huynh 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 Sea!Must Appear Within This Box-
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
EXHIBIT"D"-LEASE AGREEMENT Page 7 of 8
(between the City of Kent and Vo& Huynh)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Sea/Must Appear Wrthln This Box-
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
P\Clv0\Files\DOenFiles\0105-2009\VOEahlbltDTOLeme d=
EXHIBIT"D"-LEASE AGREEMENT Page 8 of 8
(between the City of Kent and Vo& Huynh)
REQUEST FOR MAYOR'S SIGNATURE o
Q �
KFI Please FIII in All Applicable Boxes
WAS H 1N GT 311
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Oriamatoi �(f0V\ l_PVehh� �h Phone (Originator) �S
Date Sent V, 1 20oI Date Required -7 2�'1/zooq
Retui n Signed Document to Tod POnrlt;' CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL: -7 7 Z 009
Brief Explanation of Document- I'II �o'S
/ V i t C r y T7/ 4C4 LI re ell
Yr/`4I AV, NtLjtl M�)�✓t rd
All Contracts Must Be Routed Through the Law Department
(Thus Area to be Completed S� the Lair Department)
Received j�d�� RECEIVED
Approval of Law Dept / i
La\v Dept Comments
JUL 1 ,r ,
F— " -V City of Kent
A!:NT I, AW 1�CP.o of the Mayor
J J
Date Forwarded to Mavor -71�4Cc�
Shaded areas to Be Completed by Administration Staff
Received:
Recommendations & Comments.
Disposition: '112-ei�7?
Date Returned
h,,;esn;o 3 05
Form 22V ®Copyright 2003
Buyer's Declaration Northwest Multiple Listing Service
ALL RIGHTS RESERVED
Rev 3/03
Page 1 of 1
KING COUNTY FORM--
BUYER'S DECLARATION OF RECEIPT OF COPY OF ON-SITE SEWAGE
SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS
Pursuant to section 13.56.054E 1 of the King County Board of Health On-site Sewage Regulations,
Buyer declares that Buyer received a copy of Seller's Notice of On-Site Sewage System Operation and
Maintenance Requirements (the"Notice") dated s7 '7 , �oa9 , recorded under document
number 99e1,5-12D the official records of King County, State of Washington. Buyer
shall pay the Operation and Maintenance Program Fee as set forth in King County's fee schedule, as
that fee may be amended from time to time
Z.
9 a o9
SBY ate' Buyer Date
I
Branch PNK,User KECI Comment- Station Id UV71
20090821001420.001
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a t i
RETURN ADDRESS —
I1I I`1If IIIN''' IINII I I 1pu'I
i Ds..ifi.. Northwest Title rn� � II�I����I���I III I�I���111�II���I�II���IIII IIIII I�11�
11.fyU^ch'ng+nn tie N 20090821001420
Ant. tug 98Q1 PACIFIC NU TIT OSS 65 00
08 2112009F11:44 -
KING COUNTY, WA
�3J2�65�
Please print neatly or type inf«mahon PACIFIC NORTHWEST TITLE
Document Title(s) 6�� t//�Z
Notice Of On-Site Sewage SYs em Operation and Main+PnaACA
Program
Reference Number(s)of related documents
Additional Reference d's on page
I
Grantors)(Last,First,zed Nddte lndlat)
Phl)oc HUu Vo
Additional granton on page
Grantees(s)(last,First,Middle laittal) '
THE PUBLIC
I '
i
Additional grantees on page
Legal Description(abbreviated Tom:i e.lot,block,plat or section,township,range,quarter/quarter)
Pitt rnt 't 1 nt 7s 74 22 0.4
Additional legal is on page
Assessor's Property Tax Parcel/Account Number
600000-005E-04
Additional pm'cel g's on page
The Auditor/Recorder will rely on the rnrotnntion provided on tins form.The staff wdl not read the document$to verify the accuracy or
completeness of the indezmg information provided herein
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Branch PNK,User KEC1 Comment Station Id UVJJ
20090821001420.002
c
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NOTICE OF ON-SITE SEWAGE SYSTEM
OPERATION AND MAINTENANCE REQUIREMENTS
Assessor's Tax ParcelID#: xnnnnn-nn52-04
1. I/W a(print) Pfiunc H it u V n are the owners of real property within
King County,which is legally described as follows.
see attached Exhibit "A" j
i
2. The above-described real property is served by an on-site sewage system("OSS").
3. The Code of the King County Board of Health, Section 13 60 005 establishes certain
responsibilities of the OSS owner with respect to the operation and maintenance of an On-site
Sewage System,as follows j
A. The OSS owner is responsible for the continuous proper operation and maintenance of the
OSS,and shall:
1. Determine the level of solids and scum in the septic tank at least once every three(3)
years for residential system with no garbage grinder and once every year if a garbage
grinder is installed and, unless otherwise provided in writing by the health officer,
once every year for commercial systems.
2. Employ an approved pumper to remove the septage from the tank when the level of
solids and scum indicates that removal is necessary.
3. Cause preventive maintenance/system performance monitoring inspections to be
conducted and any indicated service to be performed by an approved person at a
minimum frequency in accordance with Table 13 60-1 unless otherwise established
by the health officer or the sewage review committee
4. Operate and maintain all OSS in accordance with tins title,with pertinent alternative
system guidelines issued by the DOH (State of Washington Department of Health]
and with the approved OSS owner's operating and maintenance instruction manual !;
S. Protect the OSS area including the reserve area from; ;
a. Cover by structures or impervious material;
b. Surface drainage;
c. Soil compaction,for example,by vehicular traffic or livestock;and I
d. Damage by soil removal and grade alteration.
6. Maintain the flow of sewage to the OSS at or below the approved design both in
quantity and waste strength
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Document.NOT 2009 0821001420
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Branch PNK,User.KECI Comment. Station Id UVJJ
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20090821001420.003
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NOTICE OF ONSIT'E SEWAGE SYSTEM
OPERATION AND MAINTENANCE REQUIREMENTS
Page 2
7. Direct drains, such as footing or roof drains away from the area where the OSS is
located.
B. The owner shall hot allow:
1. Use or introduction of strong bases,strong acids or organic solvents into an OSS for
the purpose of system cleaning,
2. Use of a sewage system additive unless it is specifically approved by the DOH;or
3. Use of an OSS to dispose of waste components atypical of residential wastewater,for
example,but not limited to,petroleum products,paints,solvents,or pesticides.
4. Note about Operation and Maintenance Program Fee: Rules and Regulations 02-01,
amendment to the Code of the King County Board of Health, states, "At the time of sale or
transfer of property ownership, the buyer or transferee of a property served by an OSS shall
forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the
i notice on title as set forth in Section 13.56.054A" This fee is $40.00 per the Rules and
Regulations 02-0I,effective June 17,2002.
Dated this 7 day of �s
(month (year)
(Owner's signature) (Owner's signature)
STATE OFM
COUNTY OF JCriy 0 zr)l ss
On this ,/ _day of/� ,-(/�/f�5✓^ U9 ,before me personally
PP 'T��L' Auu Vj (�_) (Year)
appeared and ---�— ,tome
known to be the individual(s)described herein and who executed the foregoing instrument'as'
his/her/their free and voluntary act and dead for the uses and purposes herein stated.
Given under my hand and official seal this /' day of T
(month) (year]
L.-e-ez��C%�: W
Notary Public in an foF/tlie Statppf n,4&� 1gy6,i,
Residing at /LL��rr CU L y
My Commission Expires_ -�� »—
i
KING,WA Page 3 of Printed on 8/31/2009 9:01 55AM
Document.NOT 2009.0821001420
Branch PNK,User KEC1 Comment- Station Id UVJI
20090821001420 004
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EXHIBIT "A"
LEGAL DESCRIPTION:
The south half of the following described tract:
That portion of Government Lot 7, Section 24, Township 22 North,
Range 4 East, W.M., in King County, Washington, described as
follows:
Beginning at a point on the west boundary line of the Seattle-Tacoma
Interurban right of way, which point is 726 feet south of the south '
boundary line of Meeker Avenue in the Town of Kent; '
Thence running west 340 35 feet,
Thence south 132 feet;
Thence east 3554.31 feet to the west boundary line of the right of
way of the said railroad,
Thence north along the west boundary line of said right-of-way,
132 54 feet to the point of beginning;
EXCEPT the west 171 feet thereof;
AND EXCEPT the east 6 feet thereof;
(ALSO KNOWN AS a portion of Tract 5, E.H. Naden's Garden Tract B,
according to the unrecorded plat thereof) .
i
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KING,WA Page 4 of Printed on 8/31/2009 9 02 01 AM
Document:NOT 2009 0821001420
REQUEST FOR MAYOR'S SIGNATURE
y _ Please Fill in All Applicable Boxes
.. pia L IN,
WA]N XOOX
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT
Originator: 7 ^ Ltv ,k,, ,rN Phone (Originator):
Date Sent: h-�1<' Date Required:
Return S ned Document to: ;;.^4 i'�^ CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
i-
1 �
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Receivedt"
U RECEIVED
C)2-
Approval of La �f 0t.
Law,
,ity of Kent
Office of the Mayor
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments: C1
Disposition: 9�Z �Q trzz /vy
Date Returned:
rh
ESCROW NO. 63126656
PACIFIC NORTHWEST TITLE COMPANY
PeCDAARS;T�Trr" LIMITED PRACTICE OFFICER DISCLOSURE
Pursuant to Rule 12 of the Rules for Admission to Limited Practice of Law by the Supreme Court of the State of
Washington, the following notice is given to the principals of the transaction referred to below
A person certified as a Limited Practice Officer under this Rule may select, prepare and complete documents
in a form approved by the Limited Practice Board for use in closing a loan, extension of credit, sale or other
transfer of real or personal property Such documents shall be LIMITED to deeds, promissory notes, guarantees,
security agreements, releases, Uniform Commercial Code documents, assignments, contracts, real estate excise
affidavits, bills of sale and other documents as from time to time may be approved by the Board with concurrence
of the Supreme Court.
Further, the Limited Practice Officer named herein will select, prepare and complete certain legal documents required
for the closing of this transaction in accordance with the agreement of the principals and only in connection with this
transaction, and you are further advised
(i) That the Limited Practice Officer is not acting as the advocate or representative of either of the clients,
(u) That the documents prepared by the Limited Practice Officer will affect the legal rights of both the clients;
(m) That the clients' interest in the documents may differ,
(w) That the clients have a right to be represented by a lawyer of their own selection,
(v) That the Limited Practice Officer cannot give legal advice as to the manner in which the documents
affect the clients
Limited Practice Officer JEAN JOHNSON, #829
Property Address 318-1/2 NADEN AVENUE SOUTH KENT, WA 98032
Documents Prepared Statutory Warranty Deed and Excise Tax Affidavit
The undersigned hereby acknowledge that they have read,understood and received a copy of this statement prior
to execution of any documents in connection with this transaction,and authorize the selection, preparation and
completion of the legal instruments in accordance with this agreement (The Limited Practice Officer will require
this notice signed and returned prior to the preparation of documents)
SELLER(S)- PURCHASER(S)
CITY OF KENT
PHUOC HUU VO Date UZET COOKE, MAYOR atell
Date Date
Date Date
Uats
CLOSING ESCROW INSTRUCTIONS
PURCHASER: CITY OF RENT, A WASHINGTON MUNICIPAL CORPORATION
SELLER: PHUOC HUU VO, A MARRIED MAN, AS HIS SEPARATE ESTATE
DATE: August 5, 2009
ESCROW NUMBER: 63126656
PRELIMINARY TITLE COMMITMENT NUMBER: 698492
PURCHASER AND SELLER HEREIN APPOINT AND APPROVE PACIFIC
NORTHWEST TITLE COMPANY OF WASHINGTON, INC. , (hereinafter
referred to as ESCROW AGENT) TO ACT AS ESCROW AGENT FOR THIS
TRANSACTION.
ESCROW AGENT is to be concerned only with the provisions
specifically set forth in these instructions, which DO NOT
incorporate the terms of the Purchase and Sale Agreement and
Addenda (hereinafter referred to as the Agreement) executed by
the parties and are not intended to amend, modify or supercede
the terms and conditions set forth therein.
CONDITIONS THAT SURVIVE ESCROW: The parties hereto agree that
there may be certain conditions set forth in the above
Agreement which may survive the closing of this escrow and
ESCROW AGENT is to assume no responsibility or liability for
such compliance.
1. SELLER herein deposits with ESCROW AGENT, pursuant to these
instructions, the following:
DOCUMENTS
(X) Agreement (X) Notice of On-site Sewer
(X) Limited Practice Disclosure (X) Excise Sales Tax Affidavit
(X) Statutory Warranty Deed (X) IRC 1099S Reporting Form
which ESCROW AGENT is instructed to deliver, release and/or
record when ESCROW AGENT has for the account of SELLER
$187, 000 . 00, subject to any charges and/or credits authorized
herein.
2 . PURCHASER herein deposits with ESCROW AGENT the funds required
to close, in the form of a cashier' s check, wired and/or collected
funds in accordance with the Collected Funds Law (RCW 18.44 .400) ;
loan proceeds, if applicable; and the following:
DOCUMENTS
(X) Agreement (X) Excise Tax Affidavit
(X) Limited Practice Disclosure
which sums and documents are required to be deposited prior to
closing, and which ESCROW AGENT is instructed to disburse
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
and/or deliver, as required to fulfill these instructions and
when it has a policy or policies of title insurance or
commitments therefor in the form(s) and amount(s) as follows:
Title Commitment/Policy
(X) Owner's ALTA Standard Amount: $187, 000.00
The undersigned PURCHASER and SELLER have received, reviewed
and approved for use in this escrow the preliminary commitment
for title insurance, including any supplementals thereto and
have reviewed and approved the legal description and general
and special exceptions including the covenants, conditions and
restrictions affecting said property as stated on the
commitment.
The policy or policies issued will contain the insuring clauses,
exceptions, exclusions, provisions and stipulations customarily
contained in the printed provision of such form(s) and subject
to exceptions shown in the preliminary commitment at the
following paragraph number(s) : NONE
THE UNDERSIGNED SELLER HEREBY CERTIFIES THAT THERE ARE NO LIENS
AND/OR ENCUMBRANCES AFFECTING SAID PROPERTY OTHER THAN AS SHOWN
IN THE PRELIMINARY COMMITMENT.
THE PURCHASER AND SELLER CERTIFY THAT THEY HAVE DEPOSITED INTO
THIS ESCROW ALL ADDENDA TO THE PURCHASE AND SALE AGREEMENT.
THE PURCHASER AND SELLER HAVE EXAMINED AND HEREBY APPROVE FOR
USE IN THIS ESCROW THE ABOVE LISTED DOCUMENTS.
3 . A. CLOSING STATEMENTS: ESCROW AGENT shall prepare closing
statements which by reference herein are made a part hereof
OR otherwise account to the parties for all funds received and
disbursed hereunder at the time of final settlement and
closing of this escrow. ESCROW AGENT shall not be liable
for the accuracy of information furnished to it by other
persons in the normal course of business, or the failure
to adjust items not designated in writing. The parties hereto
agree to pay all their proper costs and fees, including any
adjustments. Additional amounts which may become due for any
reason shall be promptly paid to ESCROW AGENT by the party
owing such amounts. However, any advance made at its option
shall be promptly reimbursed by the party for whom it is advanced
and such optional advance shall not be an admission of liability
on the part of the ESCROW AGENT.
B. PRORATIONS: Adjustment items shall be prorated on the basis
of a 365 day calendar year. ESCROW AGENT shall account for
adjustments, credit and charges of expense items according
to the custom and usage of the community. ESCROW AGENT is
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
instructed to prorate as of the actual date of closing, the
following: 2009 Real Estate Property Taxes
C. ESCROW DEPOSITS : All money received by ESCROW AGENT in
this escrow is to be deposited in escrow bank accounts
controlled by ESCROW AGENT pending closing. ESCROW AGENT
receives banking benefits from non-interest bearing trust
account deposits. These benefits may be in the form of but
not limited to miscellaneous banking, accounting and computer
support services. If an interest bearing account is to be
established, ESCROW AGENT must be so advised in writing, prior
to the deposit of funds, and furnished with a Federal Tax
Identification Number.
D. CLOSING: If this escrow has not been placed in a position to
close by August 30, 2009, the above items deposited by the
parties hereto except earnest money, are to be returned to same
upon written demand, at which time PURCHASER and SELLER
will pay all charges in connection herewith. In the absence
of such written demand, ESCROW AGENT will proceed with
closing in an expeditious manner.
E. UNCLAIMED PROPERTY: If checks distributed during the closing
process to the last known address of the applicable payee (s)
remain uncashed, then ESCROW AGENT may charge an annual fee
of up to $100 . 00 for custody and administration of the
unclaimed property. ESCROW AGENT will make a reasonable
attempt to contact applicable payee (s) and reissue check(s) ,
net of accrued annual fees. Per Washington State law, any
remaining unclaimed personal property will be forwarded to
the State of Washington three (3) years from the date the
uncashed check was issued.
4. A. UTILITIES: In the event SELLER has not complied with the
provisions of RCW 60. 80, SELLER and PURCHASER waive the
services of ESCROW AGENT to satisfy unpaid utility charges
and agree to settle final bills outside escrow. This pro-
vision includes but not limited to water, garbage, sewer,
telephone, metro, electricity, gas and Metro Capacity Charge.
ESCROW AGENT shall not be responsible for determination
of remaining oil, nor payment thereof.
B. FIRE OR CASUALTY INSURANCE: If a new policy of fire,
hazard or casualty insurance on the property is required
to close the transaction, the PURCHASER will arrange for
the policy to be issued, outside of escrow, and will pro-
vide evidence of the coverage to the ESCROW AGENT prior
to closing. ESCROW AGENT shall have no responsiblity nor
liability for obtaining hazard/homeowner insurance.
C. INFORMATION TO OTHERS: ESCROW AGENT is authorized and in-
structed to furnish, upon request, information concerning
this escrow to the listing and/or selling real estate broker,
the lender financing this transaction, if any, and attorneys
representing the SELLER or PURCHASER.
D. FIRPTA: If any seller is a non-resident alien or foreign
corporation, partnership, trust or estate for the purposes
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
of United States income taxation, the parties are advised to
consult with their attorneys before the closing date to
determine their responsibilities under the Foreign Investment
in Real Property Tax Act (Section 1445 of IRC) . The closing
agent is not required to verify the nationality or foreign
status of any of the sellers, or to withhold, report or pay
any amounts due under such Act.
E. LIABILITY LIMITATIONS: Without limitation ESCROW AGENT shall
not be liable for any loss or damage resulting from following:
1. Any default, error, action, omission of, or misrepresenta-
tions made by any other party.
2. The expiration of any time limit or other delay, unless
such time limit was known to ESCROW AGENT and such loss is
caused solely by failure of ESCROW AGENT to proceed in its
ordinary course of business .
3 . Any loss or impairment of funds deposited in escrow in the
course of collection or while on deposit with a bank,
savings bank or savings association resulting from failure,
insolvency or suspension of such institution.
4. ESCROW AGENT complying with any and all legal process,
writs, orders, judgments and decrees of any court whether
subsequently vacated, modified, set aside or reversed.
F. DISPUTES : Should any dispute arise between the parties, or any
of them, and/or any other party, concerning the property of
funds involved in the transaction, the ESCROW AGENT may, at its
sole discretion, hold all documents and funds in their existing
status pending resolution of the dispute, or join or commence a
court action, deposit the money and documents held by it with the
court, and ask the court to determine the rights of the
parties. ESCROW AGENT is authorized to deduct, prior to
deposit of funds in the court, a reasonable sum for costs of
attorneys fees and filing fees. Upon depositing said funds
and documents with the court, the ESCROW AGENT shall have no
further duties or responsibilities under these instructions.
G. COUNTERPARTS: These escrow instructions may be executed in
counterparts with like effect as if all signatures appeared
on a single copy.
H. UNDERLYING ENCUMBRANCES: SELLER acknowledges that if any
underlying encumbrance (s) is to be paid in full as a part
of this escrow, said payoff is based upon a written
statement (s) by the Holder/Servicer. Said statement (s)
will be updated verbally prior to closing. Interest is to
be collected to such date as estimated by the ESCROW AGENT
to be sufficient for the Holder/Servicer to have received
payoff by regular certified mail or courier. SELLER is
responsible for any additional fees, interest or require-
ments in order to obtain necessary documents for release of
such encumbrance(s) .
I. DISBURSEMENTS: Payments disbursed hereunder will conform to
the usual and customary practice of the industry and ESCROW
AGENT is not responsible for any delays caused by such
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
delivery.
J. SELLER PROCEEDS: It is understood that SELLER's proceeds
will be disbursed upon receipt of collected funds from all
parties and confirmation of recording numbers of the
conveyance documents .
K. ADVANCE OF EXCISE TAX: PURCHASER and SELLER acknowledge the
Excise Tax, if required must be paid prior to closing and
authorize ESCROW AGENT to pay such tax.
L. POSSESSION: Delivery of Personal Property or transfer of
possession of Real Property or condition of either shall not
be a part of this escrow nor an obligation of the ESCROW AGENT.
M. THIRD PARTY: PURCHASER and SELLER acknowledge that third party
written instructions may be submitted into this escrow. Unless
such instructions conflict with these instructions, they shall
be incorporated herein.
N. FORM 1099-5: In compliance with the Tax Reform Act of 1986,
and any amendments thereto, SELLER shall provide all information
necessary, including a Taxpayer Identification Number (TIN) ,
preparation of a Form 1099-5 as required by the Internal
Revenue Service. ESCROW AGENT retains the option of not
closing the escrow if adequate information is not provided.
0. CANCELLATION: These instructions may be cancelled by a written
agreement signed by all of the parties. Upon receipt of such
agreement and payment of the ESCROW AGENT' S fees, costs and
expenses, including but not limited to cancellation fees for
title insurance and escrow services, the ESCROW AGENT shall
return any money or documents then held by it to the parties
that deposited the same, and shall have no further duties or
responsibilities under these instructions .
P. All contingencies and/or conditions as set forth in the
Purchase and Sale Agreement and Addenda have been fully
met or waived. ESCROW AGENT is hereby removed from any
responsibility and/or liability for same and is instructed
to proceed with closing.
Q. LEGAL DESCRIPTION. The undersigned PURCHASER and SELLER
herein accept, approve and authorize the use of the
legal description as evidenced in Preliminary Title
Report No. 698492 .
I HAVE BEEN AFFORDED ADEQUATE TIME AND OPPORTUNITY TO READ AND
UNDERSTAND THESE ESCROW INSTRUCTIONS AND ALL OTHER DOCUMENTS
REFERRED TO HEREIN.
CITY OF KENT
A WASHINGTON MUNICIPA CO PORATION
BY: BY:
SU TE OKE, MAYOR
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
DATED:
Purchaser' s Forwarding Address: MOVE IN DATE:
220 4TH AVE S, KENT, WA 98032
NEW PHONE NUMBER:
PHUOC HUU VO
DATED: MOVE OUT DATE:
Sellers Forwarding Address:
NEW PHONE NUMBER:
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
Proceeds Instructions:
Wire Transfer Funds to:
Total Proceeds or $ **
Bank
ABA #
Account #
(Deposit slip or voided check attached)
Name (s) on Account
**Please note: Wire may not be sent until the following
business day. Receiving Bank may charge a fee.
Hold for pickup: Call (Contact Name)
Phone Number:
Assignment of Funds to Close Purchase of Property:
Property Address:
Amount to Transfer: Full Proceeds or $
Name of Escrow Company:
Escrow No. :
Name of Closer:
Phone No. :
Wire instructions attached (Receiving Bank may charge a fee)
Mailed: Certified Regular
Address:
Signature: Date:
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 63126656
DATE: August 05, 2009
Signature: Date:
RETURN TO
CITY OF KENT
PROPERTY MANAGEMENT
220 4TH AVE S
KENT, WA 98032
STATUTORY WARRANTY DEED
Reference 3(if applicable)
Grantor(s) PHUOC HUU VO
Additional on Page
Grantee(s) CITY OF KENT
Additional on Page
Abbreviated Legal Description PTN GOV-T LOT 7, 24-22-04
Additional on Page
Assessor's Tax Parcel Of 600000-0052-04
THE GRANTOR PHUOC HUD VO, A MARRIED MAN, AS HIS SEPARATE ESTATE
for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
In hand paid,conveys and warrants to CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION
the following described real estate,situated in the County of State of Washington
SEE EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF.
Dated August 06, 2009
PHUOC HUU VO
_ r
PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
CHAPTER 82 45 RCW-CHAPTER 458-61A WAC when stamped by cashier
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULL COMPLETED
(See hack page for instructions)
❑Check box if partial sale of property If multiple owners,list percentage of ownership next to name
1. SELLER/GRANTOR 2 BUYER/GRANTEE
Name PHUOC HUU VO Name CITY OF SENT
A WASHINGTON MUNICIPAL CORPORATION
A MARRIED MAN AS HIS SEPARATE ESTATE
Madmg Address 185 WILLOW OAK LOOP Madmg Address 220 4TH AVE S
City/SmtaZip AIKEN, SC 29803 Crty/StateMP KENT WA 98032
Phone No (including area code) Phone No(including area code)
3 Send all property tax correspondence to List all real and personal property tax List assessed value(s)
® Same as Buyer/Grantee parcel account numbers-check box if
personal pproperrtyty
Name 600000-0052-04 ❑
Street LC 1525 ❑
City/State/Zip ❑
Phone No(with area code) ❑
4] Street address of property 318-1/2 NADEN AVENUE SOUTH KENT, WA 98032
This property is located in ❑ unincorporated County OR within❑ city of KENT
❑ Check box if any of the listed parcels are being segregated from a larger parcel
Legal Description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit)
LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT -Au ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF
L5j Enter Abstract Use Categories 7.1 List all personal property(tangible and intangible)included in selling
(See back of last page for instructions) price
If exempt from property tax per chapter 84 36 RCW(nonprofit
organizdoon),include
Seller's Exempt Reg No
6 1 YES NO If claiming an exemption,list WAC number and reason for exemption
Is this property designated as forest land per chapter 8433 RCW> ❑ ❑ WAC No (Section/Subsection)
Is this property classified as current use(open space,farm and ❑ ❑ Reason for exemption
agnint tural,or amber)land per chapter , 34e
Is this property recal raweral valuation as historical El ❑
property per chapter 84 26 CWv
If too,answers are yes,complete as instructed below Type ofDocumen[STATUTORY WARRANTY DEED
Date ofDocumen August 06, 2009
(I)NOTICE OF CONTLNLANCE(FOREST LAND OR CURRENT USE)
NEW OWNER(S)To continue the current designation as forest land or
classification as current use(open space,Latin and agriculture,o-[unbar) Gross Selling Price $ 187,000.00
land,von must sign on(3)below The county assessor must then *Personal Property(deduct) $ 0.00
determine if the laud transferred continues to qualify and will indicate by Exemption Claimed(deduct) $ 0.00
signing below If the land no longer qualifies or you do not wish to continue Taxable Selling Price S 167,000.00
the designation or classification,it will be removed and the compensating or
additional taxes will he due and payable by the seller or transferor at the Excise Tax State $ 2,393.60
time ofsale (RCW 84 33 140 or RCW 84 34 108) Prior to signing(3)below, Local 935.00
you may,contact your local county assessor for more infuriation *Delinquent Interest State $ 0 00
Local S 0.00
This land ❑ does ❑ does not qualify for continuance 'Delinquent Penalty $ 0.00
Subtotal $ 3,328.60
DEPUTY ASSESSOR DATE *County Technology Fee S 5 00
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *State Technology Fee $ 0.00
NEW OWNER(S)To continue special valuation as historic property,sign
(3)below If the new owners)de not wisti to continue,all additional
•Af7davi[Processing Fee S 0.00
tax calculated pursuant to chapter 84 26 RCW,shall be due and payable Total Due S 3,333.60
by the seler or transferor at the time of sale
(3)OWNER(S)SIGNATURE A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX
"SEE INSTRUCTIONS
B.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Signature of
Grantor or Grantor's Agent Grantee or Grantee's Agent
Name(print) Name(print) 51 t t%
Date&city of signing Date&city of signing —Q
Perjury Penury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum team of not more
than fic a vests,or by a fine man amount fixed by the court of not more than five thousand dollars($5,000 00),or by both imprisonment and
fine(RCW 9A 20 020(I C))
REV 84 0001ae(a)(10-1 I-06) FOR TREASURER'S USE ONLY E] COUNTY TREASURER
PACIFIC NORTHWEST TITLE COMPANY 0 DEPT OF REVENUE
215 COLUMBIA STREET 0 COUNTY ASSESSOR
SEATTLE,WA 98104 TAXPAYER
REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAIN DEPARTMENT)U,g
Originator vc,-L p .Phone (Ougrnator)
Date Sent Date Required
Retui n Signed Document to 1 ony PonqP CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL: 7/7/0y
Brief Explanation of Document
C to sk � Vo eree,1�j
t V a µcm r` Ave .
All Contracts Alust Be Routed Through the Law Department
mus Area to be comhfeted By the fare Dermoimir)
Received
Appioval of Law Dept.
Law Dept Comments C`ty "t Kenc
Ofi!ce of the Mayor`
Date Fo;wai cled to Mayor f oA
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments.
i
Disposition:
Date Returned: