HomeMy WebLinkAboutPK10-251 - Original - Kent, James, and Karen Van Dyke - 11234 SE 204th - 8/23/10 u aAAM
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KENT Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Kent and James and Karen Van Dyke
Vendor Number:
JD Edwards Number
Contract Number: tOK(U
This is assigned by City Clerk's Office
Project Name: Purchase and Sale Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other: Purchase and Sale Agreement
Contract Effective Date: 8/23/10 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Brian Lev nhagen Department: Parks Planning & Dev
Detail: (i.e. address, location, parcel number, tax id, etc.):
Property purchased in Panther Lake area
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Records MarYagement),
KEN0H Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name:
Vendor Number:
)D Edwards Number
Contract Number:
This is assigned by City Clerk's Office Project Name: o & lt 5F 1/�
rf e IN kA+
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment e'Contract
❑ Other: p 1�
Contract Effective Date: 0 I� �✓ �V Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: �rL� Lip% R4j epartment: PY S
Detail: (i.e. address, location, parcel number, tax id, etc.):
vain 1) � e �►� ee v� 4
D5 *Z 5 p3 -2- , 2osg24y , o5z2vs � 2> >
s Pub llc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
Aug. 2. 1010 4:57PM No. 3036 P. 1
REAL ESTATE PURCHASE AND SALE AGREEMENT
BETWEEN
THE CITY OF KENT AND ]AMES AND KAREN VAN DYKE
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 ]AMES AND KAREN VAN DYKE, husband and
wife, whose mailing address is 2049 South 308th Street, Federal Way, Washington,
98003 ("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 one acre comprised of King County tax parcel numbers
0522059032, 0522059264, and 0522059211 which are 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"), Ten Thousand and No/100
Dollars ($10,000) in the form of a City of Kent Purchase Order as refundable
earnest money.
3. PURCHASE PRICE. The purchase price is FIVE HUNDRED AND
THIRTY SEVEN THOUSAND AND NO/100 DOLLARS ($537,000). The purchase price
shall be payable at Closing.
4. CONTINGENCIES. This Agreement is contingent upon the following:
(a) Acceptance of the terms of this Agreement 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. Seller shall complete one form for each dwelling
unit or specify which dwelling unit is being referenced in the form. The "Disclosure
Statement" shall be completed by the Seiler within ten (10) days from the date of
mutual acceptance o the Agreement. J
Buyer's Inibal� seller's Initials Seller's Inft1alsx
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page l of22
(between City of Kent and James and Ka•en Van Dyke)
Aug. 2, 2010 4:58PM No 3036 P. 2
(d) A Feasibility Study as follows:
(i) Buyer shall have thirty (30) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and absolute discretion,
if the 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 Phase II environmental assessment, utilities availability and
capacity, access availability, zoning, preliminary architectural and engineering
studies, and marketing feasibility, Should a Phase II be necessary, Buyer shall give
Seller a copy of the Phase I report and scope of work for Phase II.
(iii) A Phase I environmental assessment generally will consist
of a review of title of ownership and land use, review of geologic and hydrologic
maps of the area, review of federal and state databases for known hazardous water
generators or contaminated sites and a site visit. If the Phase I review reveals the
potential of a contaminated site, a Phase II environmental assessment may be
conducted which generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE
PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND
IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
(iv) Buyer agrees to conduct its feasibility 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. -
Should any of the contingencies in 4(a) - 4(c) 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
Buyer's Initl g'/ Seller's Inidals '�
v Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 2 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 4:58PM No. 3036 P, 3
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
set forth in subsection 4(d), Buyer agrees to return the Property to its original
state (i.e., fill all boring holes, etc.), and the refundable earnest money shall be
returned.
S. TITLE
(a) Conveyance. At the Closing, Seller shall convey to Buyer fee
simple title to the Property by duly executed and acknowledged statutory warranty
deed ("Deed"), free and clear of all defects and encumbrances and subject only to
those exceptions that Buyer approves pursuant to this Agreement ("Permitted
Exceptions").
(b) Preliminary commitment.
(i) Buyer shall order a preliminary commitment for owner's
standard coverage policy of title insurance in the amount of the purchase price in
Section 3 to be issued by Pacific Northwest Title Company, whose address and
telephone number is 116 Washington Avenue North, Kent, Washington 98032,
(253) 520-0805 ("Title Company") and accompanied by copies of all documents
referred to in the commitment ("Preliminary Commitment"). Buyer shall advise
Seller by written notice what exceptions to title, if any, are disapproved by Buyer
("Disapproved Exceptions") within ten (10) days of receipt of the Preliminary
Commitment (and legible copies of all exceptions to title shown In the Preliminary
Commitment) or fifteen (15) days of mutual acceptance, whichever is longer.
Seller will have five (5) days after receipt of Buyer's notice to give Buyer notice that
(1) Seller will remove Disapproved Exceptions or (ii) Seller elects not to remove
Disapproved Exceptions. If Seller fads to give Buyer notice before the expiration of
the five (5) day period, Seller will be deemed to have elected not to remove
Disapproved Exceptions.
(ii) 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 elther 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 this Agreement except as otherwise provided
herein. If this Agreement is terminated through no fault of Seiler, then Buyer shall
pay any costs of terminating the escrow and any cancellation fee for the Preliminary
Commitment
Buyer's Initial Seller's In�fials,X ,Y/�U Seller's Initials _
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 3 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 4, 58PM No 3036 P. 4
(III) If exceptions are added to the title after receipt of the
Preliminary Commitment and prior to Closing (Supplemental Preliminary
Commitment), Buyer shall advise Seller by written notice what new exceptions to
title are Disapproved Exceptions. Buyer shall give such notice within fifteen (15)
days of receipt of the Supplemental Preliminary Commitment (and legible copies of
all exceptions to title shown in the Supplemental Preliminary Commitment).
Seller's response and any response from Buyer will be under the same terms as
section (i) and (ii) above.
(c) Title policy. Seller shall cause the Title Company to issue to
Buyer at Closing standard coverage owner's policy of title insurance insuring
Buyer's title to the Property in the full amount of the Purchase Price in Section 3
subject only to the Permitted Exceptions ("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 on or before
September 30, 2010, unless the Closing date is extended In writing by mutual
agreement of the parties ("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
wlli be executed and the sale proceeds will be available for disbursement to the Seller.
8. CASUALTY LOSS. If prior to Closing, improvements on the P?operty
shall be destroyed or materially damaged by fire or other casualty, Buyer shall have
the option of terminating the Agreement.
9. POSSESSION AND LEASE. Buyer shall be entitled to possession at
Closing,
10. 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;
Buyer's Initlai� Seller's Initiatsx911v Seiier's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 4 of 22
(between City of Kent and James and Karen Tian Dyke)
Aug 2. 2010 4.58PM No 3036 P. 5
(b) he/she has no actual knowledge or notice from any
governmental agency of any violation of laws relating to the Property
except:
(c) prior to the Closing date in Section 7, Seller shall either
provide Buyer with proof, to Buyer's satisfaction, that any fuel storage tank has
previously been decommissioned; or Seller shall decommission the fuel storage
tank in accord with all applicable regulations; and
(d) all of Seller's tenants on the Property shall vacate the Property
prior to Closing,
11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. , Seller
represents that to the best of his/her knowledge that he/she is not aware of the
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.
12. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs; including, without limitation, reasonable legal, accounting, consulting,
engineering and/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 a breach of
the representations made in Sections 10 and 11 of this Agreement. This indemnity
shall survive the Closing.
13. 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 IImited to damages in the
liquidated amount of the earnest money previously paid into escrow. 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's Initlal Seller's Initials L-rIQ V Seller's InitlalsX p L
REAL.ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 5 of 22
(between City of)Cen1 and James and Karen Van Dyke)
Aug. 2. 2010 4:59PM No, 3036 P. 6
(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.
14. COMMISSIONS. Seller agrees to pay commission in accordance with
any listing or commission agreement to which Seller is a party The Listing Broker
shall have his/her commission apportioned between Listing Broker,_ _3 0 _
and Selling agent, O , as specified in the listing. Seller
hereby assigns to Listing Broker and Seller Broker, as applicable, a portion of
Seller's funds in escrow equal to such commissions and irrevocably instructs the
Closing Agent to disburse the commissions directly to the Brokers. In any action by
Listing or Seller Broker to enforce this Section, the prevailing party is entitled to
court costs and reasonable attorney's fees. Seller and Buyer agree that the Brokers
are intended third party beneficiaries under this Agreement.
15. 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.
16. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mad, 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:
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:
James and Karen Van Dyke
2049 S. 30r Street
�,Fed.eraall Way, Washington 98003
Buyer's 7nidat5 Seller's Initlals)(_ , J Seller's Initials
REAL ESTATE PURCHASE AND SALE A0P.RtMENT 2010
-Page 6 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 4:59PM No 3036 P. 7
Either party may, by written notice to the other, designate such other
address for the giving of notices as is 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.
17. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this
Agreement, the date of mutual acceptance of this Agreement shall be the last date
on which the parties to this Agreement have executed this Agreement as indicated
below.
20. EXPIRATION OF OFFER. Seller shall have until 5:00 p.m. on August
6, 2010 to accept the Purchase and Sale Agreement as written, by delivering a
signed copy to the Buyer. If Seller does not so deliver a signed copy, this
Agreement shall lapse and all rights of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER; SELLER(S);
CITY OF T James and Karen Van Dyke
By:
Print I me, S z tte Cooke By:k
Its: Print Na e: Jam Va yke
Dated: Dated:^ 7 01)0
By:
Print Name: Karen Van Dyke
Dated: )4v &— 7 I C;01 )
P:\C1v11\F11es\0pen Files\1535-VanDyke Purchase and Sale\VanDykeRealEstatePurchaseAndSaleAgreement.docx
RPAL ESTATE PURCHASE AND SATE AGREEMENT 2010
—Page 7 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 4.59PM No. 3036 P. 8
Exhibit A
Logal Desetlptloa! •
PAMEL A:
T}IS WEfiT OQ PB&T OP 711R BMT 210 P36T OF THS WSST 630 MET OjP TIM SOUTH HATY OF
C1OY9'RNMBzi T LOT 6,8CCr10N 3,T0"'NS1:CP 2z NORTI I,1vANvp#13A$T,W.bI. w ICING COUNTY,
WASH[NOTON;
PJCCUT THpNORTH 360 TART THEREOF;
ANi3 BXCBPT THR SOUTH 30 FHFrTNERAOV COW)IYIM 70 ICING COUNTY BCSR STRFRT HY
RKO IDWO HI1BMUL 53^s6220.
PARCBL B.
THE NEST 80 VFM OP THE EAST 320 PSBTUF TnSWRST 636 PERT 0 THE SOUTH HALF OF
GO VBRNP.GNT LOT 6,IN SEMON 5,T05VHSHIP 22 NORTH,RANCH'EAST,W.W.IN XM0 COUNTY,
WASr[INGTON;
ts=dY 1'l W5 NUKIH 360 NB•1 WW UIi
AND 1 XCBPT T14B SOUTH 30 FEBTTI'WOF DMDED TO KING COUNTY FOR ROAD BY DBBD
RECORDEDUNDERIMOOr WONUlu9iRR3?1S't10
P!opert:VAddreaa�
11234 Swfl,eml 20411i Elrcot
Kent%VA 09631
Tax Accaoot Number
052205-9211-00,OS2205.9264-06 and 05245.9032-07
REAL ESTATE PURCHASE AND SATE AGREEMENT 2010
—Page S of 22
(between City of Kent and James and Km en Van Dyke)
Aug. 2, 2010 4:59PM No, 3036 P. 9
— -- Exhibit B _------
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REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 9 of 22
(between City of Kent and Jarnes and Karen Van I)yke)
Aug. 2. 2010 4, 59PM No. 3036 P. 10
r
— —Ezhh 6
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 number(s) of the
questions) when you provide your explanation(s), For your protection you must
date and sign each page of this disclosure statement and each attachment.
Delivery of the disclosure statement must occur not later than five business days,
unless otherwise agreed, after mutual acceptance of a written contract to purchase
between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITIONS
OF THE PROPERTIES LOCATED AT 11234 S.E. 204'h STREET, 112.44 S.E. 204"'
STREET, AND 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,
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 10 of 22
(between City ojKenl and James and Karen Van Dyke)
Aug. 2. 2010 4:59PM No 3036 P. 11
ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER
TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE
BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR
INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A
CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller ... is/ ... is not occupying the property.
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer
and attach documents, if available and not otherwise publicly recorded. If
necessary, use an attached sheet.
I. TITLE
Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes )4 No [ ] Don't know *B. Is title to the property subject to any
of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes No [ ] Don't know *C. Are there any encroachments,
boundary agreements, or boundary
disputes?
4,044-Yes No [ Don't know *D. Is there a private road or easement
agreement for access to the property?
[ ] Yes No [ ] Don't know *E. Are there any rights-of-way,
easements, or access limitations that may
affect the Buyer's use of the property)
[ ] Yes j No [ ] Don't know *F. Are there any written agreements for
Joint maintenance of an easement or right-
REAL ESTATE PURCHASE ANb SALE AGREEMENT 2010
—Page 11 of22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 4:59PM No. 3036 P 12
of-way?
[ ] Yes "�J No [ ] Don't know *G. Is there any study, survey project, or
adversely notice that would a y affect the
property?
[ ] Yes &No [ ] Don't know *H. Are there any pending or existing
assessments against the property?
[ ] Yes KNo [ ] Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would affect
future construction or remodeling?
[ ] Yes 'P4,No [ ] Don't know *J. Is there a boundary survey for the
property?
[ ] Yes "kNo [ ] Don't know *K. Are there any covenants, conditions,
Or restrictions which affect the property?
2. WATER
A. Household Water
(1) The source of water for the property
is:
Private or publicly owned water
system
[ ] Private well serving on the subject
Property
[ ] Other water system
Yes [ ] No [ ] Don't know * If shared, are there any written
agreements
[ ] Yes *No [ ] Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or
maintenance of the water source?
[ ] Yes *No [ ] Don't know *(3) Are there any known problems or
Repairs needed?
[ ] Yes ` (,LNo [ ] Don't know (4) During your ownership, has the source
provided an adequate year-round supply of
potable water? If no, please explain.
REAL ESTATE PURCHASE AND SALE ACRE NMNT 2010
—Page 12 of 22
(between City of Kert and James and Karen Van Dyke)
Aug. 2, 2010 5:OOPM No. 3036 P. 13
[ ] Yes � No [ ] Don't know (5) Are there any water treatment
\ systems for the property? If yes, are they
[ ] Leased
` [ ] Owned.
[ ) Yes [ J No Don't know (6) Are there any water rights for the
r \ property associated with its domestic water
supply, such as a water right permit,
certificate, or claim?
n I ] Yes [ ] No [ ) Don't know (a) If yes, has the water right,
v permit, certificate, or claim been
assigned, transferred, or changed?
n I [ ) Yes [ ] No [ ] Don't know (b) If yes, has all or any portion of
V The water right not been used for five
or more successive years? (If yes,
please explain,)
B. Irrigation Water
[ ] Yes *No [ ) Don't know (1) Are there any Irrigation water rights
For the property, such as a water permit,
certificate, or claim
��[ ] Yes [ ] No [ ] Don't know (a) If yes, has all or any portion of
The water right not been used for five
or more successive years?
NJQ [ ] Yes [ ] No [ ] Don't know (b) If so, is the certificate
F available'? (If yes, please attach a
copy),
p [ ] Yes [ ] No [ ] Don't know (c) If so, has the water right
permit, certificate, or claim been
assigned, transferred, or changed? If
so, explain:
[ ] Yes Vq NNo [ ] Don't know (2) Does the property receive irrigation
Water from a ditch company, irrigation
district, or other entity? If so, please
Identify the entity that supplies irrigation
water to the property:
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 13 of 22
(between City of Kent and James and Koren Van Dyke)
Aug 2. 2010 5:OOPM No 3036 P. 14
C. Outdoor Sprinkler System
[ ] Yes [ ] Don't know (1) Is there an outdoor sprinkler system
For the property?
� [ ] Yes [ ] No [ ] Don't know (2) If yes, are there any defects in the
system?
N ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system
V' Connected to irrigation water?
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
-IKPublic sewer system
Vic{ jz}on-site sewage system (including
pipes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please
describe:
[ ] Yes [ ] No Don't know 6. If public sewer system service is
Available to the property, is the house
connected to the sewer main? If no, please
explain.
[ ] Yes [ ] No (Don't know C. Is the property subject to any sewage
system fees or charges in addition to those
covered in your regularly billed sewer or on-
site sewage system maintenance service?
D. If the property is connected to an on-
site sewage system:
[] Yes [] No*Don't know (1) Was a permit issued for its
construction, and was it approved by
the local health department or district
following its construction?
(2) When was it last pumped;
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 14 of 22
(between City of Kent and fames and Karen Van Dyke)
Aug. 2. 2010 5:OOPM No 3)36 P. 15
- --_7Tyds[] o t know *j3T-Are there any defects in`the
operation of the on-site sewage
system?
` t-oron'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
[ J Yes [ ] No [Don't know E. Are all plumbing fixtures, including
laundry drain, connected to the sewer/on-
site sewage system? If no, please explain:
[ ] Yes ( ] No Don't know F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes [ ] No 'Don't know G. Is the on-site sewage system,
including the drainfield, located entirely
within the boundaries of the property? If no,
please explain.
[ ] Yes [ ] No ..Don't know H. Does the on-site sewage system
require monitoring and maintenance services
more
frequently than once a year? If yes, please
explain:
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS
BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN
OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED
IN ITEM 4, STRUCTURAL OR ITEM 5, SYSTEMS AND FIXTURES.
4, STRUCTURAL
[ ] Yes V No [ ] Don't know *A, Has the roof leaked?
[ I Yes 14-No [ ] Don't know *B, Has the basement flooded or leaked?
[ ] Yes Lam° [ ] Don't know *C. Have there been any conversions,
REAL ESTATE PURCHASE AND SALE AGPEEMENT 2010
—Page 15 of 22
(between City of Kent and James and Koren Van Dyke)
Aug, 2 2010 5:OOPM No, 3J36 r. 10
—' ad5tions, or remooeling
([ ] Yes [ ] No [ ] Don't know *(1) IF yes, were all building permits
obtained?
] Yes [ ] No [ ] Don't know *(2) If yes, were ali final inspections
obtained?
[ ] Yes [ ] No C*Don't know D. Do you know the age of the house? If
yes, year of original construction:
[ ] Yes [ ] No Don't know *E, Has there been an settling, slippage,
or sliding of the property or its
improvements?
[ ] Yes [ ] No ,Don't know *F, Are there any defects with the
following.
(If yes, please check applicable items and
explain.
Foundations El Decks Exterior Walls
Chimneys ❑ Interior Walls L Fire Alarm
Doors Windows El Patio
CellIn s Slab Floors ❑ Driveways
❑ Pools Hot Tub Saunas
Sidewalks El Outbuildings ❑ Fire laces
Garage Floors ❑ Walkways Sidin
❑ Other Ll Wood Stoves
[ ] Yes No [ ] Don't know *G. Was a structural pest or"whole
rrr�1` house" inspection done? If yes, when and
by whom was the inspection completed?
[ ] Yes ',No [ ] Don't know H. During your ownership, has the
Property had any wood destroying organism
or pest infestation?
[ ] Yes [ ] No Don't know I. Is the attic insulated?
[ ] Yes [ ] No `�' -Don't know I Is the basement insulated?
8. SYSTEMS AND FIXTURES
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 16 of 22
(between City of Kent and Janes and Karen Van Dyke)
Aug. 2 2010 5:OOPM N0. 3036 P. 17
-- — -*�Tf any of-the f611owing sy—ses or -----
fixtures are included with the transfer, are
there any defects? If yes, please explain.
[ ] Yes [ ] No Don't know • Electrical system, including wiring,
switches, outlets, and service.
[ ] Yes [ ] No nV] Don't know . Plumbing system, including pipes,
faucets, fixtures, and toilets.
[ ] Yes fANo ( ] Don't know • Hot water tank
n{�,i[ ] Yes [ ] No ( ] Don't know • Garbage disposal
' V [ ] Yes J;o]"No [ ] Don't know • Appliances
) Yes [ ] No [ ] Don't know a Sump pump
[ ] 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 j No ( ] Don't know Security system
[ ] Yes ] No [ ] Don't know Tanks (type):
[ ] Yes ] No [ ] Don't know Satellite dish
[ ] Yes VNo [ ] Don't know Other:
6. HOMEOWNDERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes [ ] No ( ] Don't know A. Is there a Homeowners' Association?
Name of the Association and contact
' information for an officer, director,
REAL ESTATE PURCHASE AND SALE AORPERMENT 2010
-Page 17 of 22
(between Qy of Kent and James and Karen Van Dyke)
Aug. 2. 2010 5;00PM No. 3036 P. H
----- employee, or other authorized agent, if any,
who may provide the association's financial
statements, minutes, bylaws, fining policy,
and other information that is not publicly
available.
[ ] Yes [ ] No [ ] Don't know B. Are there regular periodic
assessments:
$ per [ ] Month [ ] Year
[ ] Other
n ( ],Yes ( ] No [ ] Don't know *C. Are there any pending special
J \J 4 assessments?
Yes [ ] No [ ] Don't know *D. Are there any shared "common areas"
�v 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)?
` , 7, 'ENVIRONMENTAL
[ ] Yes [ ] No [y),Pon't know *A. Have there been any drainage
vv problems on the property?
[ ] Yes [ ] No V.-Don't know *B. Does the property contain fill
material?
( ] Yes [ ] No ($6on't know *C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
[ ) YesNo [ ] Don't know D. Are there any shorelines, wetlands,
floodplains, or critical areas on the property?
[ ] Yes [ ] No "Don't know *E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos,
REAL ESTATE PURCHASE ANb SALE AGREEMENT 2010
—Page 18 of22
(between Cay of Kent and James and Karen Van Dyke)
Aug. 2. 2010 5:O0M No 3036 P 19
— —formaldehyde,—radon gas, le cla =b�s�l�airi�— — — —
fuel or chemical storage tanks, or
contaminated soil or water?
[ ] Yes '[�'No [ ] Don't know *F. Has the property been used for
commercial or industrial purposes?
[ ] Yes �No [ ] Don't know *G. Is there any soil or groundwater
contamination?
*H. Are there transmission poles,
Yes o [ ] Don't know
Cl ( �
transformers, or other utility equipment
installed, maintained, or buried on the
property?
[ ] Yes VI No [ ] Don't know *I, Has the property been used as a legal
or illegal dumping site?
[ J Yes V6,No [ ] Don't know *1 Has the property been used as an
illegal drug manufacturing site?
[ ] Yes [ ] No ) Don't know *K. Are there any radio towers in the area
that may cause interference with telephone
reception?
I
B. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
N [ ] 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 *C. If alterations were made, were
permits or variances for theses alterations
obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes �P"o [ ] Don't know *Are there any other existing material
defects affecting the property that a
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 19 of22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 5:OOPM No. 3036 P. 20
--prospective buyer should know about?--
E. Verification:
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our knowledge and
I/we have received a copy hereof. I/we
authorize all of my/our real estate licensees,
if any, to deliver a copy of this disclosure
statement to other real estate licensees and
all prospective buyers of the property.
I
DATE- �-7—�/QELLER: SELLER:
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED
FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO
INFORM' YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN
INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention
to any material defects that are known to Buyer or can be known to Buyer by
utilizing diligent attention and observation.
B. The disclosures set forth in this statement and in any amendments to this
statement are made only by the Seller and not by any real estate licensee or other
party.
REAL ESTATE PURCHASE ANM SALE AGPEEMRNT 2010
—Pago 20 of 22
(between City of Kent and Jmnes and Itoren Van Dyke)
Aug. 2. 2010 5:OOPM No, 3036 P. 21
-- C. Buyer ackr♦owledges-that; p rs ant to RCW-64-06.050(2);�r "al�"9tatL!S-- - "—
licensees are not liable for inaccurate information provided by Seller, except to the
extent that real estate licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the
written agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance"
portion of this disclosure statement below) has received a copy of this Disclosure
Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY
SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS
FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE
STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY
WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A
SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE
STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE
THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER
PARTY. /�
DATE: V'200wSELLER: SELLER: V
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
-Page 21 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 2. 2010 5:01PM No. 3036 P. 22
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REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
—Page 22 of 22
(between City of Kent and James and Karen Van Dyke)
Aug. 11 2010 9:35AM No 3064 P. 2
ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS ADDENDUM ONE between JAMES AND KAREN VAN DYKE,
husband and wife, ("Seller") and THE CITY OF KENT ("Buyer"), a municipal
corporation, amends that certain Real Estate Purchase and Sale Agreement
entered into between Seller and Buyer for King County tax parcel numbers
0522059032, 0522059264, and 0522059211 (the "Agreement").
1. SEPTIC SYSTEM. Seller represents that King County tax parcel number -
r-� is served by a private on-site sewage system(s)
("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) Seller will 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 the Operation and Maintenance Report and a copy of the
maintenance records for the OSS, If maintenance records are available.
(c) Seller shall deliver to Buyer, within fourteen (14) days of mutual
acceptance a copy of the previously recorded notice on title required by
King County Health Code Section 13.56.054.A. Within three (3) days of
receipt, Buyer shall provide Seller with a signed acknowledgment of
receipt of the copy of the recoded notice.
(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) Seller shall have the OSS Inspected and, if necessary, pumped by
an OSS service company at Seller's expense. Buyer shall have the right
to observe the inspection. Seller shall provide Buyer with three (3) days
notice of the date and time of the inspection. Within fourteen (14) days
ADDENDUM ONE TO REAL ESTATE
PURCHASE AND SALE AGREEMENT- 1 (2010)
(between VanDyke and the city of Kent)
Aug, I1. 2010 9: 35AM No. 3064 P. 3
of mutual acceptance, Seller shall provide Buyer with a copy of the
inspection report.
2. Facsimile signatures on this Addendum One will be considered
originals.
3. Except as amended by this addendum, all provisions of the
Agreement shall remain In full force and effect except as specifically modified by
this Addendum One.
IN WITNESS WHEREOF, the parties hereto have executed this
Addendum One, which shall take effect on the last date signed below.
^,t.-!Li"nTe
m:
----------------------------------------------------------------------
rma
5F
BUYER: SELLER(S):
CITY t Pt James and Karen Van Dyke
By:
Prin a e: uzette Cooke Bye lei 3 (,
Its: o Print Na(he: firnes Vari' Dyke
Dated: a Dated, / f
BY:
Print Name: Karen Van Dyke
Dated: -20 L�
ADDENDUM ONE TO REAL ESTATE
PURCHASE AND SALE AGREEMENT- 2 (2010)
(between VanDyke and the City of Kent)