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PW15-309 - Original - Bradley Goodwin - Assigment of Buyer's Interest & Purchase Agreement - 08/18/2015
rerne ® Px . DENT � _ _' Document ✓ WFSHINGTON q }( � #r:tiNyi 1 r4r3. :. 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: _ 0o I o I jroa C f✓ Vendor Number: JD Edwards Number Contract Number: yo— -wq This is assigned by City Clerk's Office Project Name: + 56{U, Ay-e t 000dwi I°I �P Description: ❑p Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract M Other: Pu >C + r 4p]( I Contract Effective Date: `6 `g (( Termination Date: c4' 1124' tin Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Contract Amount: A1� 3 J Approval Authority: ❑ Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): adccW10877 8 14 REQUEST FOR MAYOR'S SIGNATURE K�NT Print on Cherry-Colored Paper Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Ingrid WIIIms-Dixon Phone (Originator): 5519 Date Sent: 8/14/15 Date Required:ASAP Return Signed Document to: WIIIIYts-Dixon Contract Termination Date: 9/10/15 VENDOR NAME: Date Finance Notified: ®/� I/i 1 Bradley J. Goodwin (Only required on contracts O y . oown 20 000 and over or on an Grant) DATE OF COUNCIL APPROVAL: 8/11�15 Date Risk Manager Notified:8/11/15 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: �y Authorized in the Bud et? YESUNO W2®®®74ab 0241 Brief Explanation of Document: The City is purchasing the property located at 520 Kensington Avenue for $115,000, for additional space for the Guiberson water reservoir. f All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Depart e t) Received: vi i G'"li� �� T r`)iq/1k Approval of Law Dept.: C 1 Law Dept. Comments: �'" lAwn - C ; Date Forwarded to Mayor: `"7 Shaded Areas To Be Completed By Administration Staff' Received: Recommendations and Comments: ` flt Disposition: jllle/l-,y �v c ddFF/ �� n Date Returned: vL /V � - 4 tt�r CJY , P:IGWOIPonnslOawmell WgaesslnBlRequesl fot Mayah BlgnoW m.tloa 10) rrf i:➢ . . '. Form 32 ©Copyright 2006 Assignment of Buyer's Interest Northwest Multiple Listing Service Rev.6/06 ASSIGNMENT OF BUYER'S INTEREST IN ALL RIGHTS RESERVED Page 1 of 1 PURCHASE AND SALE AGREEMENT This Assignment of Buyer's Interest in Purchase and Sale Agreement ("Assignment") is made 1 by KentRarber ("Assignor") 2 Ass,gnor Assignor and City of Kent,a Washington municipal corporation ("Assignee") 3 Assignee Assignee with regard to 520 Kensington Ave. Kent WA 98030 (the"Property'). 4 Address city State Zip Assignor is the Buyer of the Property pursuant to the Purchase and Sale Agreement dated 5 July 20,2015 (the"Agreement"). 6 NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby 7 acknowledged,the parties agree as follows: 8 1. Assignment and Assumption.Assignor hereby assigns to Assignee, subject to the terms of this 9 Assignment, all of Assignor's right, title and interest in and to the Agreement, and Assignee 10 hereby assumes all of Assignor's obligations. 11 2. Representations of Assignor. Assignor hereby represents and warrants that the document 12 attached hereto as Exhibit "A" is a true and correct copy of the Agreement, together with all 13 addenda and amendments thereto, and that as of the date hereof, the Agreement is in full force 14 and effect, without default by either party thereto, and that there have been no modifications or 15 revisions to the Agreement not reflected in the attached Exhibit "A." Furthermore, Assignor 16 represents that Assignor has obtained any consent required to make this Assignment as required 17 by the Agreement or that the Agreement contains a provision that permits this Assignment. 18 3. Assignee to Release and Hold Assignor Harmless. Assignee hereby releases, and agrees to 19 indemnify and hold Assignor harmless from all claims or liability whatsoever arising from or 20 related to Assignee's conduct with respect to the Agreement and the Property. Notwithstanding 21 the foregoing, the parties acknowledge that this Assignment is a simple assignment of Assignor's 22 rights and interest in the Agreement and that this Assignment does not relieve Assignor of 23 Assignor's duties and obligations under the Agreement. 24 4. Delivery of Documents. Assignor shall deliver to Assignee all studies, reports, documents, title 25 reports and title documentation, engineering or architectural drawings, governmental applications, 26 permits, licenses or approvals, appraisals and any other information in Assignor's possession or 27 available to Assignor which pertain in any way whatsoever to the Property, including without 28 limitation, the condition thereof and/or any present or potential development and/or use of the 29 Property (all of which, together with subsequent additions to or revisions of such documents 30 being collectively referred to as the "Development Documents"), Assignor hereby assigns to 31 Assignee all of Assignor's right,title and interest in the Development Documents. 32 5. Further Action. The parties shall take whatever further action is necessary to complete the 33 purpose of this Assignment. 34 6. Entire Agreement. This Agreement contains the entire understanding between the parties and 35 supersedes any prior understandings and agreements between them respecting the subject 36 matter hereof. There are no other representations, agreements, arrangements or understandings, 37 oral or written, between and among the parties hereto or any of them, relating to the subject 38 matter of this Agreement. 39 Assignor's Initials Date Assignor's Initials Date Assignee's Initials Date Assignee's Initials Date i Form 25 0Copyright2015 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7115 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date; August 5,2015 MLS No.: Offer Expiration Date: August 21 2015 5700 D m 2. Buyer: City of Kent. a Washington municipal corporation Buyer Buyer Sialus 3. Seller: Bradley J.Goodwin Seller Seller 4. Property:Tax Parcel No(s).: 918370-1145 _ (King County) 520 Kensington Ave. Kent WA 98030 Address city Stale SP Legal Description:Attached as Exhibit A. S. Purchase Price: $115,000.00 One Hundred Fifteen Thousand and No/100 Dollars 6. Earnest Money:$2.50Q.00 Personal Check; Note; Other (held by[I Selling Finn; ®Closing Agent) 7. Default: (check only one)® Forfeiture of Earnest Money; []Seller's Election of Remedies B. Title Insurance Company: First American Title 9. Closing Agent: 0 a qualified closing agent of Buyer's choice;[D First American Escrow Renton 10, Closing Date: 9/10/15 or sooner Possession Date: ®on Closing;0 Other 11. Services of Closing Agent for Payment of Utilities: (]Requested(attach NWMLS Form 22K); ®Waived 12. Charges/Assessments Levied Before but Due After Closing: ®assumed by Buyer; Qprepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller Q is; ® is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:Q must be subdivided before ;®is not required to be subdivided 15. Feasibility Contingency Expiration Date: 0 days after mutual acceptance; Other 16, Agency Disclosure: Selling Broker represents: ® Byyer; Q Seller; [—]both parties; 0 neither party Listing Broker represents: U Seller; U both parties 17. Addenda: 22T ITitle Cant.),41C(SB Commission).22D(Optional Clauses) 17C(Disclosure Statement Unimproved Proo) i Buy e/sgnature Date Se ers Sig tur ''+ A q Data Buyers-Sig nature Date Sellers Signature Date 220 4`h Avenue South 129 ..gl..y_ Buyers Address Sellers Address Kent,WA 98032 Ell City,State,Zip City,State,Zip 253-856-5500 206-730-9147 Phone No. Fax No. Phone No. Fax No. Buyer's E-mail Address Seller's E-mail Address John L. Scott—KMS Kent 3647 FSBO Selling Firm MLS Office No. Listing Firm MLS Office No. Kent Barber 27583 Selling Broker(Print) MLS LAG No. Listing Broker(Prtnl) MLS LAG No. 253-852-9200 Phone No, Firm Fax No. Phone No. Firm Fax No. kentnorth@johnfscott.com Selling Firm Document E-meil Address Listing Fin Document E-mail Address kentb@johnlscott.com Selling Brokers Email Address Listing Broker's E-matl Address 'i Sailing Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Form 25 00opyright2015 ' Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7115 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified In this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts,retirement,or future earnings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money Is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address Identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 5D title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 62 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 is. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 5B Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 "Y �vl3 I Buyer's,initiats ate Buyers Initials Date Seller's lnlllals Date Sellers Initials Date Form 25 @Copyright 2015 vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7115 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued '.. county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Seller shall not enter into or modify existing leases or rental agreements, service contracts, or other agreements 63 affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent, which shall 64 not be unreasonably withheld. 65 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 66 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 67 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 68 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 69 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 70 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 71 purposes of completing a reverse exchange. 72 g. Closing Costs and Proratlons and Charges and Assessments. Seller and Buyer shall each pay one-half of the 73 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 74 and lienabie homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 75 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 76 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 77 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 78 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 79 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 80 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 81 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 82 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 83 equivalent). 84 Buyer is advised to verify the existence and amount of any local improvement district, capacity or Impact charges or 85 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 86 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 87 as agreed in Specific Term No.12. 88 In. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 89 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 90 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 91 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 92 and copies of documents concerning this sale. 93 1. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 94 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 95 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 96 Agent. If Seller is a foreign person for purposes of U.S, income taxation, and this transaction is not otherwise exempt 97 from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 98 J. Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 99 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this agreement, the 100 parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or 101 related to,this Agreement(including revocations of offers or counteroffers)must be in writing. Notices to Seller must be 102 signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing Broker or 103 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed 104 given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. Receipt by 105 Selling Broker of a Form 17 or 17C (whichever is applicable), Public Offering Statement or Resale Certificate, 106 homeowners' association documents provided pursuant to NWMLS Form 22D, or a preliminary commitment for title107 insurance provided pursuant to NWMLS Form 22T shall be deemed receipt by Buyer. Selling Broker and Listing Broker 108 have no responsibility to advise of receipt of a notice beyond either phoning the party or causing a copy of the notice to 109 be delivered to the parry's address shown on this Agreement. Buyer and Seller must keep Selling Broker and Listing 110 Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 111 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 112 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 113 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 114 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 115 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 116 Possesion Date,shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 117 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 118 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Fonn 25 @Copyright 2015 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7115 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 119 next day that Is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 120 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 121 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 122 offer or counteroffer to the offeror, rather than on the date the legal description Is attached. Time Is of the essence of 123 this Agreement. 124 1. Facsimile or E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of any 125 signed facsimile transmission, shall be the same as delivery of an original.At the request of either party, or the Closing 126 Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail transmission of 127 any signed original document or a direct link to such document, and retransmission of any such e-mail, shall be the 128 same as delivery of an original, provided that the e-mail Is sent to both Selling Broker and Selling Firm or both Listing 129 Broker and Listing Firm at the e-mail addresses on page one of this Agreement. At the request of either party, or the 130 Closing Agent,the parties will confirm e-mail transmitted signatures by signing an original document. 131 IT, Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 132 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 133 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 134 electronic form has the same legal effect and validity as a handwritten signature. 135 n. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 136 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 137 Buyer on the first page of this Agreement. 138 o. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 139 provision, as identified in Specific Term No.7,shall apply: 940 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 141 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 142 it, Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 143 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 144 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 145 any other rights or remedies available at law or equity. 146 p, Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attomey and a 147 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 148 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 149 Is entitled to reasonable attorneys'fees and expenses. 150 q. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 5:00 151 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 152 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 153 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 954 r. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller's 155 name and the Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a counteroffer, 156 then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that counteroffer, unless 157 sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other party,the other party's 158 broker,or at the licensed office of the other parry's broker. If the counteroffer is not so accepted, it shall lapse and any 159 Earnest Money shall be refunded to Buyer. 160 s. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 161 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 162 unless sooner withdrawn. 163 t, Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 164 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 165 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 166 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 167 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 168 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 169 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 17o Designated Broker, Branch Manager(if any), and Managing Broker(if any)representing both parties as dual agents.All 171 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 172 Buyers Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Form 25 ©Copyright 2015 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/15 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued u. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 173 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 174 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 175 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 176 funds in escrow equal to such commission(s)and Irrevocably instruct the Closing Agent to disburse the commission(s) 177 directly to the Firm(s), In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 178 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 179 under this Agreement. 180 v. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 181 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 182 future)and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 183 Listing Broker or Selling Broker. Buyer should inquire at the city or county,and water, sewer or other special districts in 184 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 185 applicable to or being considered for the Property;any special building requirements,including setbacks,height limits or 186 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 187 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 188 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 189 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 190 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right,from time to time 191 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 192 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 193 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 194 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 195 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 196 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 197 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 198 costs. 199 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 200 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 201 w. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 202 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 2D3 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 204 the Earnest Money shall be refunded to Buyer. 205 x. Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 208 acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall 207 be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual 206 acceptance. If Buyer gives timely notice under this section,then this Agreement shall terminate and the Earnest Money 209 shall be refunded to Buyer. 210 Buyer and Seller agree, that except as provided in this Agreement, all representations and information regarding the 211 Property and the transaction are solely from the Seller or Buyer, and not from any Broker.The parties acknowledge that 212 the Brokers are not responsible for assuring that the parties perform their obligations under this Agreement and that 213 none of the Brokers has agreed to independently investigate or confirm any matter related to this transaction except as 214 stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers do not guarantee the 215 value, quality or condition of the Property and some properties may contain building materials,including siding, roofing, 216 ceiling, insulation,electrical, and plumbing,that have been the subject of lawsuits and/or governmental inquiry because 217 of possible defects or health hazards. Some properties may have other defects arising after construction, such as 216 drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify or assess defective 219 products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to Buyer's satisfaction 22D and to retain inspectors qualified to identify the presence of defective materials and evaluate the condition of the 221 Property as there may be defects that may only be revealed by careful inspection. Buyer Is advised to investigate 222 whether there is a sufficient water supply to meet Buyer's needs. Buyer is advised to investigate the cost of insurance 223 for the Property, including, but not limited to homeowner's, flood, earthquake, landslide, and other available coverage. 224 Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or 225 contractors,but Brokers cannot guarantee or be responsible for the services provided by those third parties.The parties 226 shall exercise their own judgment and due diligence regarding third-party service providers. 227 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date i Form 22T @Copyright 2015 Title Contingency Addendum Northwest Witte Listing Service Rev.7/15 ALL RIGHTS RESERVED Page i of 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 5. 2015 1 between City of Kent a Washington municipal corporation 1 euye, e�yer CSI-tyet") 2 . And Bradley J. Goodwin ("Seller) 3 saner serer Concerning 520 Kensington Ave. Kent WA 98030 (the "Property"). 4 Atldress elty slate Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 6 da s (5 days if not filled In) ®from the date of Buyer's receipt of the preliminary commitment for title insurance; 7 orLJmutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice, In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports, If supplemental title reports disclose new exceptlon(s) to the title commitment, 17 then the above time periods and procedures for nofice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 i 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 i i I i Buyer's Initials ate Buyers Initials Date Seller's Initials Date Sellers Initials Data i Form 410 ©Copyright 2015 Selling Firm's Commission Northwest Multiple Listing Service Rev.7115 ALL RIGHTS RESERVED Page 1 of 1 SELLING FIRM'S COMMISSION The following is part of the Purchase and Sale Agreement dated August 5. 2015 1 I between City of Kent, a Washinoton municipal corporation ("Buyer") 2 Buyer Buyer and Bradley J.Goodwin ("Seller") 3 Seller Seller concerning 520 Kensington Ave. Kent WA 98032 (the"Property"). 4 j Address my SW. Zip '..,. i Selling Firm's Commission. If there Is no written listing agreement, Seller agrees to pay Selling Firm a commission 5 Of 3 % of sales price or $ If the Eamest Money is retained as 6 liquidated damages, any casts advanced or committed by Selling Firm shall be reimbursed or paid therefrom, and the 7 balance shall be divided equally between Seller and Selling Firm. 8 If Seller shall, within six months from the date hereof, sell the Property to Buyer or someone acting on Buyer's behalf, 9 Seller shall pay Selling Firm the commission set forth above, less any portion of the above eamest money retained by 10 Selling Firm. Provided, if a commission is paid to another member(s) of a multiple listing service in conjunction with 11 such sale, the amount of commission payable to Selling Firm shall be reduced by the amount paid to such other 12 member(s). "Sell" includes a contract to sell; an exchange or contract to exchange; an option to purchase; and/or a 13 lease with option to purchase, regardless of when it closes. 14 Buyer agrees to pay Selling Firm a commission of 2%of the sales price,which shall be above, beyond, and not part of the 3%commission obligated to be paid by Seller as agreed above. f I I ' Buyers InIl Is Date Buyees Initials Date Seller's Initials Date Sellers Initials Date Form 22D (PCopydght 2015 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of OPTIONAL CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 5. 2015 1 between City of Kent.a Washington municipal corporation ("Buyer) 2 Buyer Buyer And Bradley J. Goodwin ('Seller') 3 senor saner Concerning 520 Kensington Ave. Kent WA 98030 (the"Property) 4 Addrns city slat. 21p CHECK IF INCLUDED: 5 1. ® Square Footage/Lot Size/Encroachments.The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller;(b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences,rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer Is advised to verify lot size,square footage and 9 encroachments to Buyers own satisfaction within the inspection contingency period. 10 i 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowners Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Policy. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowners Policy of Title Insurance. 17 ❑ Extended Policy. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for an 18 ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's Policy 19 of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage Policy, 20 including the excess premium over that charged for Homeowners Policy of Title Insurance and the cost 21 of any survey required by the title insurer. 22 3. ❑ Systems/Appliances. If a system or appliance (including, but not limited to plumbing, heat, electrical, and all 23 Included Items) becomes inoperative or malfunctions prior to Closing, Seller shall either repair, or replace the 24 same with a system or appliance of at least equal quality. Buyer reserves the right to reinspect the Property 25 within 5 days prior to Closing to verify that Seller has compiled with this Paragraph 3. Buyer and Seller 26 understand and agree that the Listing Broker and Selling Broker shall not be liable for the foregoing or Seller's 27 breach of this Paragraph 3. 28 4. ® Items Left by Seller. Any personal property, fixtures or other items remaining on the Property when 29 possession is transferred to Buyer shall thereupon become the property of the Buyer, and may be retained or 30 disposed of as Buyer determines. However. Seller shall clean the interiors of any structures and remove all 31 trash,debris and rubbish on the Property prior to Buyer taking possession. 32 5, ❑ Utilities.To the best of Sellers knowledge, Seller represents that the Property is connected to a: 33 ❑ public water main; [] public sewer main; ❑septic tank; ❑well(specify type) 34 [] irrigation water(specify provider) ; ❑ natural gas, [] telephone; 35 ❑ cable; ❑electricity; ❑other 36 6. ❑ Insulation - New Construction. If this Is new construction, Federal Trade Commission Regulations require 37 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 38 Buyer the information below in writing as soon as available: 39 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 40 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 41 OTHER INSULATION DATA: 42 i Buyer's Initials ate Buyei's Initials Date Seller's Initials ~ Date seller's Initials Date I i form 22D @Copydght20l5 Optional ClausesAddendum Northwest Multiple Listing Service 72 of 2 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page PURCHASE&SALE AGREEMENT Continued 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges tF�at Seller leases the following 43 items of personal property that are included with the sale:❑ propane tank; at system; ❑satellite 44 dish and operating equipment; []other 45 Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 45 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 47 days (5 days if not filled in)of receipt of the lease(s) or the date that the lease(s)are due, whichever 48 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 49 shall assume the lease(s) for the selected Item(s) and hold Seller harmless from and against any further 50 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 51 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 52 I I 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 53 other association, then Seller shall, at Sellers expense, provide Buyer a copy of the following documents (if 54 available from the Association)within days(10 days if not filled in)of mutual acceptance: 55 a. Association rules and regulations,including, but not limited to architectural guidelines; 56 b. Association bylaws and covenants,conditions, and restrictions(CC&Rs); 57 c. Association meeting minutes from the prior two(2)years; 58 d. Association Board of Directors meeting minutes from the prior six(6) months; and 59 e. Association financial statements from the prior two(2)years and current operating budget. 60 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 61 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 62 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 63 I Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 64 refunded to Buyer. 65 9. ❑Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, Is 66 excluded from the sale ("Excluded Items)"), Seller shall repair any damage to the Property caused by the 67 removal of the Excluded Item(s). Excluded Item(s): 68 69 70 10. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 71 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 72 a. Home warranty provider: 73 b. Seller shall pay up to$ ($0.00 if not filled in)of the cost for the home warranty, together 74 with any included options,and Buyer shall pay any balance. 75 c. Options to be included: 76 (none, if not filled in). 77 d. Other: 78 j 11. ®Other. 79 All cash to Seller at Closing. 80 Earnest money to be nonrefundable following the Feasibility Contingency Expiration Date, 81 A copy of the Utility Easement benefitling the Property is attached as Exhibit B. 82 I Buyer' Initial Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AutMnlaian lD:29FClAp>®9C�d91F4Ate•FC>E7E6fiDDCn I, A WwMalpn f0:Fn8t36tD-0]69A619d0AGBYP]Y91DiCEi ', Form 17C ®Copyright 2011 ' Seller Disclosure Slalument-Unimprovad SELLER DISCLOSURE STATEMENTt NonhweatMultiple Usting Service Rev.IthI UNIMPROVED PROPERTY ALL RIGHTS RESERVED Page 1 of 6 SELLER: Bradley Goodwin q To be used to In nsl'cra of unimproved residential real property.including property zoned for residential use that is not Improved by one or 2 mom residential dwelling units,a residential coodominitttn,a residenfiat tfnRsham or a mobile or manufactured home.Unimproved residential 3 real property does not Include cammerclel trot carafe as defined in RCW 60.42.005 or property defined as"timhcr load"under RCW 94.34.020. 4 See RCW Chapter 64.06 for ftnhercxplanations. 5 INSTRUCTIONS TO THE SELLER 6 Plcaw cumptele the following form.Do not(rave any spaces blank.If the question clearly does not apply to the properly write"NA,"if the 7 answer is"yes'io any asterisked(4)item(s),please explain on attached sheets.Please rceff to the line numbms)of the question(g)when you H - provide your explanulion(s},For your protection you must date and initial catch page of ills disclosure statement and each attachmon6 Dolivury 9 of the disclosure statement most occur not later than five(5)business days,unless otherwise atimud,after monad acceptance of a written 10 purch tw and sale agreement between a Buyer and Seller. 1 I NOTICE TO THE BUYER 12 THE FOLLOWING DISCLOSURES ARE MADE BY"THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 13 I ADDRESS$20 _ Keoaing(om Ave __ _ ;CITY Kept _ _, 14 STATE WA ZIP"030 COUNTY Kent _ ("THV.PROPERTY")OR AS LEGALLY 15 DESCRIBED ON THE ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSLTlES OF EXISTING MATERIAL 16 - FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SF.LLFR'S ACTUAL KNOWLF. iB OF THE PROPERTY AT THE TIME 17 SELLER COMPLETES THIS DTSCLOSURF,STATEMENT.UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU IR HAVE THREE(3)BUSINESS DAYS FROM TTIE DAY SELLER OR SELLER'S AGENT DELIVERS TTIIS DISCLOSURE STATEMENT 19 TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO 20 SELLER OR SELLER'S AGENT.IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT,TIIEPI YOU 21 MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE 22 AGREEMENT. 23 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY 24 REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT 25 INTENDED TO RF, A PART OF ANY WRITTEN AGREEMENT RIiTWEEN BUYER AND SELLER. 26 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU 27 � ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE 26 PROPERTY, WHICII MAY INCLUDE:. WITHOUT LIMITATION. ARCHITECTS, ENGINEERS, LAND SURVEYORS, 29 � PLUMBERS. ELECTRICIANS, ROOFERS, BUILDING INSPECTORS. ON-SITE WASTEWATER TREATMENT 30 INSPECTORS. OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO 31 OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE 32 PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION. DEFECTS OR 33 WARRANTIES, 34 Seller❑is!❑is not occupying the properly. 35 L SELLER'S DISCLOSURES: 36 - e Tfyou answer"Ycn"to a question with an asterisk I.6 please explain your answer and attach documaots,if available and not otherwise 37 publicly racvmled,Ifneccssary.use an attached sheet. 38 VES NO DON'T 39 1. TITLE KNOW 40 li A. Do you have legal authority m rcll the property?Iran.Please explain........................................................ ❑ a 41 *B. Is title In the ramperty subject to any afthe tidlowing? 42 It)First right of tePosul.................................................................................................................................❑ _;19 ❑ 43 (2)Option .........................................................................................._........................................................❑ .1&" ❑ 44 (3)Lease or rental agrocmcnt .......................................................................................................................❑ _U_ ❑ 45 l4)Life estate? ............................................................................. .. ❑ ❑ 46 I •C. Am there any emmaahmenls.boundary agreements,or boundary disputes? ........_._.__............................❑ ❑ 47 "D, is IIIcre a Private roud or casement agmcmMl Rsr m:cess to the property?....................................................❑ ❑ rg 48 i F. Are there any righIA-or--way,ci scntculo.or accM limitations that affect the Royer s use ofthe property?....❑ CJ .$" 49 *F. Arc there any written agreements fur joint maintenance Oran casement or right orway?.......__...... .......❑ ❑ 5o G. Is there any study.survey project,or notice that would adversely affect the property+)............. ...........❑ ❑ .)•' 51 *H. Are there any pending or existing assessments against the property?..................................._......................❑ ❑ 52 _ `L Are them any inning violations,noncordb rning uses,or any unusual mstrictions on the 53 property that affeen knave concoction or remodeling?..............._............................................................... 54 -J. is there a btxmdary,survey fbr the property?.................... 55 "K_ Are them arty covenant&conditions,or msaictions recorded against fill*in the property?..........................❑ .Jk- ❑ 56 PLEASE NOTE:Covenuntd,conditions.and resmietions which purport to forbid or restrict the conveyance,encumbmnee,occupancy,qr lease 57 of real property to individuals based on race,acted,color,Aux,national origin.tonal irl alntun,or disability ore void,uncldorceubte,and Illegal, $R RCW 49.60.224. 59 6pLILFw51NT1'IALS Date SR.LpN'SINrI1ALS Dale II Aulheralelpn to.2/F01AD24C44alf4AC8-FC3e35NIncB - Auelanaaionl0ifuaczeCDi]®9.1p1.89AGW2727en9C27 Form 17C ccopyigh12011 Seller Diselosure Statement-Unimproved SELLER DISCLOSURE STATEMENT Northwest Multiple Listing Service Rev.7111 UNIMPROVED PROPERTY ALL RIGHTS RESERVED '... Page 2 of 5 - fConun(led) YES NO DON'T 60 2. WATER KNOW 61 A. Household Water t .ar rhrr�,�I 62 (1) Does the property have potable watn.supply7,....P4:Ek? .. !+'1 '..,.1..0.!a°Y..., kSa.�eW�a'f ❑ ❑ 6; (2) Ifyes.the soun:u ufw^awr forthcproperty i>: 64 private or publicly owned water symcm 65 ❑ Private well serving only the property 66 >❑ Olherwatersystem // 67 `11'sharcd am there any written agreemems'?...........................................................tVP.;t..,..............❑ ❑ U 68 a(3) Is there an easement(recorded or unrecorded)for ucecsa In and/or madnwtlance 69 ordtewaterawrce^..._.................................._............a...................,................................................"zir Cl ❑ 70 a(4) Am(hem xny problems or mpairsncedal'?............... ........................................................................... 71 (5) Is there a connectlon or hook-up charge payable before flu property can be connected 72 tothe water main?........................................................................................................................... ❑ ❑ 73 (6) Have yaw obtained a cortilicale of Water availability from the water purveyor serving 74 the property?(ffyes,please a(mb acopy.),,,,,,,,,,,,,,,,,...,...,.,........I--....,............,........:......................❑ "Alk ❑ 75 (7) Is there a water right pmmit,eer00cele.or claim ut sociated with household water 76 supply rot the proriertf?(Ifyes,Please attach a copy,l..........................................................................❑ ❑ 77 (a) if yea,has the water right pemit,certificate,or claim been assi(,m,d. qq 78 bn _nsfen'ed,or chargetV.....-...................... ...........................,......................................A'.1,...........❑ ❑ ❑ 79 "(b)Ifyes,has all or any portion of the water right not been used for five or more 80 j succcOve year6?..............................................._........................................................... ./. A...........❑ ❑ ❑ gi ' (e) it'nn or dun 1 know,is the water Withdrawn train the water source less than 5,00O day?....❑ ❑ ❑ 82 e(8) Arc there any del'acls in the operation ot'thowalcr system(e.g.Pipes.lack.pump,ete,)?„rTfA........❑ LI ❑ 83 B. Irrigation Water 84 (11 Are tore any irrigation water rights for the property,such ac u waterrigln pennit. 85 ccni0cam,ar carat'!(ll'ycs,plcaxc uuuch u copYd . .................................................-.....NA.......❑ Q 86 (a) If yes,has all or any portion or the water right nol been used for 0ve or more dd 87 - successiveyeare?.............................................,..........................................................!l ........❑ Cl ❑ 88 (61 If yes,hss Ihr 5vuler rigln prnniL cM(ficete,or claim tuecn tasigued, AA``�. 89 rmnsferred.archangcd?........................_......................._..,..._..................�.......-'_N. .........❑ ❑ (3 90 0(2) Does the property receive irrigation water from a ditch company,inigation 91 district,or other entity?Tfso,please identify the entity that supplies knigat(oa Water 10 92 the 9roMrtY:.--_. _. ..__...�,.. ...................❑ .�, L] 9) I , i C. Outdoor Sprinkler Systrnh 94 11) Is there an outdoorsprinklersystem for the property?...........................................................................❑ AZ— ❑ 95 "(2) Ifyes,orethemnoydefecuhhthesystem!............................................. .......... '(3) Ifyes,is the sprinklcrsystcm uunoecled to irtigutan water?...........................................41,4..........❑ ❑ ❑ 97 3. SEW'ERMEPTICSVSTEM 98 A. The pmperty is served(rye / 1 Public sewer system �/!-1 Of )WAV4TC �4viayc�yT— /rip �/ •9Ae'G 109 ❑ On-site sewage system(including pipes.ranks,dmiufields,and all othercomponcnt parts) 101 ❑ Other disposal system 102 P(cescdescriba: D. Is the property subject to any sewage syslem fees orcharges in addil(on to those covered in your 104 regularly bilicAmwer or n-site sewage system momienstwo scrvice?...........................................................❑ ❑ e^ His ShLLER'S INITIALS Dw HELLEk'S INITIALS Me i AotheNlslpe 10:24FOAD6-06C4461 f4tA0D-1`030558000e AUPasMblpn 10:Fa2e26CDa38a6a9r�0.CB}99]r4Dlea9 Form 17C ®Copyright 2011 .1 Seller Dlsclosum Statement-Vnimproved SELLER DISCLOSURE STATEMENT Northwest Multiple Llating Servire Rev.7111 UNIMPROVED PROPERTY ALL RIGHTS RESERVED Page 3 of 5 (Com0wo) ''... �,A� YES NO DON'T 106 KNOW 107 108 C. If°f2)Was property a permit issued tbr its construction? nt m' 19 it ep oved by the]Dent health dcparun ra district following its construction?. .....AIA........0 ❑ (3110 0 (3)Is the septic system a pressurized system?.........................................................A/ ❑ ❑ ❑ it, j 14)Is the septic system u gravity syslem?........................................._.................../v/�/pp.......................❑ ❑ ❑ 112 ^(51 Have there been any changes or mpalre to the on-sito sewage system!...............L.MA......................❑ ❑ ❑ 113 (6)Is the on-site sewtige system.including the drainfleld,located entirely /lf 114 within the boundaries of the property" ..................................................................Nlf.......... ❑ O I15 Ifna,please expiaim _. ,_ _-_ .. . )A_ 116 1 t(7)Dues the on-site adWuge system require monitoring and muinic:mme services mom 117 t'mqucntiy than once a yono-! .....................................................................................-A A..............❑ ❑ ❑ i I8 4. ELECTRICAL!GAS I A. Is the property served by natural gaA?....Y.../.A,7..,.,.£rd.. ?.}," '�4.,C'r.£vf,r d'M.t.CRR/....�.�Rk'. ..,... ❑ ❑ 120 B. Is there ecmmcuimn charge gab,* ...........� .. ......... yr...:,�...'p.�..�`.....�6 8 a......,... ........... ❑ ❑ 121 C. Is the property serve!by electriclty,...I�fRx:._...;j.. r1NH�_�-,:...�............ ........,.Y.................❑ ❑ ❑ 122 D. Is them a connection charge forelectriciV!............-_.................................................................................❑ ❑ 123 'F. Arc there any electrical problems on the properly':............. S. FLOODING 125 � A. Is the property located in a government designated flood zure or tloodplain?............... ...........❑ C , ❑ 126 ; I 6. SOILSTARILITV 127 °A. Are them any settlement,earth movement slides,or similar soil problems on dept>mrny?.......................❑ ❑ 128 7. ENVIRONMENTAL 129 aA. I lave them been off)flooding,standing water,or drainage problctus on die property that utTed 130 the property or access to the property?...................................................................... .............❑ ❑ .�' I31 *B. Does any port of tire property canuin rill din,waste,tar other fill material?.................._.............................❑ ❑ "' 137. i *C. is there any material damage to the property ftem fire,wind,floods,beach movements, 133 earthquake.�xpnne(vesoila.orinndslid<n ........................... ............. ... ..,...............,....,......................❑ ❑ 134 1 0 D. Are Ihere an shorelines,welinnds,flood Ixinr,or critical areas on the property,,, ......._❑ ❑ 135 -E. Am them any substances,materials,or products in or on the property that may be environmental 136 concerns,such as asbestos,l'omtaldchydc,radon gas.lead-baa dpaint,mei or chemical 137 stooge tanks,or contaminated sail or water? ...............................................................................................❑ ❑ 138 -F. Has Ilse property been used for commarelat or industrial mUpous?..............................................................❑ ❑ 139 .G. is there mysoil or gmundwnter wnmmination?.....................................„.........I..........................................❑ ❑ 140 6H, Am there transmission poles or other electrical utility equipment installed,maintained, 141 or buried on the property that do not provide utility service to the structures on the property^?.....................❑ ❑ •- 141 `I. Has the property been used as a legal or illegal dumplot;40..................................................................... 143 -5. Has the property been used as an illegal drug manulecmring s40....................................................I,...I....I'D 'Not ❑ 141 •K. Are there any radio lowers that cause interference with cellular telephone metptian'! ................❑ ❑ 145 - tiF1.4tR'S NRIALS Dote xL•LLIeR'b IHIT1.4Lg Wte AWhardleip,ID:?A/CaAnadlCddB1IBACB�G1FaaaBnnCO AlnhanaelBn an F=26C043"4a37cnA0tWZ3a37CF7 Fenn 170 ocopyright zol 1i SeNer Disdoaur9 Slalanlanl•Unimproved SELLER DISCLOSURE STATEMENTSTATEMENTNorthwestmst Multiple Usling Service Rov.7/11 UNIMPROVED PROPERTY ALL RIGHTS RESERVED : Pago 4 of 5 (Continisto YES NO DON'T 146 8, HOMEOWNERS'ASSOCIAT'ION/COMMON INTERESTS KNOW 147 A. In there a homeowners'sssodatiorl?.....................................-................................................ ............❑ _ ❑ 148 Name of association and cmltaal information for an o0icer,t1im0mr.einpliryce,or inter 149 authotiyed agent.iforty,who may provide the associations Onaneiai statements,minutes. 150 j bylaws,fining policy,and outer information that is not publiciv available: 151 _._ .__....._ _. IVA_.. 152 I B, Arc there regular periodic assessments?...............................................................IV4..............................❑ ❑ ❑ 153 S per ❑month ❑years 154 ❑ Other 155 *C. Are thomany pending special oavessmcnis7....................................................... L/rr::.............................❑ ❑ ❑ 156 ! I ID. Am(from any shored'@onu ion atom'ur any juim maintenance agreements(facilities 157 such as walls,fences,Imtdseaping,puuls,tennis courts,walkways,or other cress �,1 158 eo•uumed in undivided interest with others)?_........................................................L[IP..Y...........................❑ ❑ ❑ 159 i 9. OTHERFACIS 160 ',A. Are them any disagrcemenls,disputes,encroachments,or legal actions emaceming the properly?...............❑ ^ ❑ 161 i °D. Does the property have any plants or wildlife tint are designated as species of concern,of listed 162 as threatened or endangered by the govemment?.......................__.............-................................................❑ Cl 163 °C. Is the property classified ordeaigneted as forest land or open space!.................. d ��1 ......❑ - Li 164 D. Do you have a fores "VA t management plan?If yes,attach. ...................................................... ............❑ ❑ ❑ 16.5 - •E. Have any da 4tupment-miatrdpermit apptimlions been submitted to any govcmment agencies?...............❑ ❑ 166 If the answer to E is'yea;'what is the status or tnucomc of those application? 167 ....... .. ..__ 168 F. Is the property loeatedwithin o city,county,ordistrict or within A department ofnsmral resources w�- 169 - Fire prolection rune that provides tire pmtecdon services? ........................................................_............'�C 4 ❑ 170 M FULL DISCLOSURE BV SELLERS 171 A. Other condltlous or defeds: 172 "Arc there any other existing material defects allotting the property that a proslamlive buyer 173 shouldknow about?.................................................................r............................ D. Verification INS Tito foregoing answers and cinaelied CkplanAliorW(if any)arc complete and correct to the best of Seller'a knowledge and Salter has 176 '.. received it copy hereof.Seller agrees to defend,indemnify and(told real estate licensees harmless form and against any and all claims 177 that the above infornwiion is Inaccurate.Seller aulirorims reel"late sict aces,if any,to deliver a copy of Ibis disclosuro statement to 178 other mat estate lieenseov and all prospective becss of the pmperty. 179 .....— I Hit Seller - -- Datr 5elle'r Uate 1RI NOTICES TO THE BUYER 182 SEX OFFENDER REGISTRATION 183 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT IH4 ; AGENCIES.THIS NOTICE IS MENDED ONLY TO INFORM VOU OF WHERE TO OBTAIN THIS INFORMATION AND IS i85 NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. !86 I PROXIMITY TO FARMING 187 THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 198 CLOSE PROXIMITY TO A FARM.THE OPERATION OF A FARM INVOLVES USUAL A?ID CUSTOMARY AGRICULTURAL 189 PRACTICES,WHICH ARE PROTECTED UNDER RCW 7d8.305,THE WASHINGTON RIGHT TO FARM ACT, 190 Ar;Lt.eH!c raTf ' Inls � 7 Dave se1.LeH•s CNn•tA1s trr< AutharAnlen 10:NFOA094aC4491PAACB-FC1E955600Ce ' AVMmWon ta;FD=60.43Fe 44AC,0242360ma? Form 17c ®CopydgM 2019 Boller Dlacbswo Slelemenl-Unimproved SELLER DISCLOSURE STATEMENT Northwest Multiple Llating Servke Rev.7111 UNIMPROVED PROPERTY ALL RIGHTS RESERVED Page 6 of 6 (Continued) ''..,.. H. BUYER'S ACKNOWLEDGEMENT 191 Buyer hereby aeknow ledgcs that: 192 A. Buyer has u duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing 193 diligent attention nod observation. 194 I$. The disclosures set forth in this statement and in my amendments to this alutCmenl am made only by 01e Seller and not by any real 195 estate licensee or other party. 196 . C. Buyer acknowledges that.Pursuant to RCW 64.06.05D(2),real estate licensees arc nut liable for inaccurate Information provided by 197 Sella,except In the extent that real estate licensees know of such inaccurate information. 199 D. This information is for diwtosum only and is not intended to be a pan of the written agreement between the Buyer and Seller, 199 E. Buyer(which term includes all persons signing the"Buyers acceptance"ponlon of this disclosure statement below)has received a 200 copy of this Disclosure Sho ment(including attachments,if any)besting Seller's stgnature(s). 201 DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL 202 KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER AND SELLER 20-1 UrHERWISE AGREE IN WRITING,BUYER SHALL HAVE THREE(1)BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S 204 AGENT DELIVERS THIS DISCLOSURE STATEMENTTO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED 205 1 WRITTEN STATEMENT OF RESCISSiON'CU SELLER OR SELLER'S AGENT.YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR 206 TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. 107 ` BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT 208 � THE DISCLOSURES MADE HEREIN ARE THOSE OF THE STILLER ONLY, AND NOT OF ANNEAL ESTATE LICENSER OR 209 OTHER P nflaau 1 U7124/2015 210 211- Royer 7?.6f2a1410:Q*29 AIA Data Ru 1Me M2 HL'YF.R S WAIVER OF/1//RIGHT TO REVOKE OVFER 213 i Buyer hus read and reviewed the Seller's responses to dds Seller Disclowre Statement.Buyer appmvm this statement and waives Buyer's right 214 '.. to revoke Buyer'a offer based on this diaelowty. 215 216 Buyer MoroBUYer Date 217 BUYER'S WAIVER OF RIGHT TO RECEIVE CQMPLE'1'ED SELLER DISCLOSURE:STATEMENT 218 Buyer has been advised of Buyers right to receive a completed Seller Disclosure Statement.Buyer waives that right.However,If the unswcr 10 219 My of the questions in the section endued`Dnvimnmental"would he'yea,"Buyer may not waive the receipt of the"Environmental'section of 220 the Seller Disclosure Statement, 221 222 BuYcr Uatc Bayer _ __.__�� 223 If the answer is"Yes"to any asterisked(+)items,please explain below(use additional sheets if neccs6ay).Please refer to dto line numbers)of 1124 the questhads). 225 226 227 -.�.._._ 228 229 230 2.11 232 133 SELLER'S INITIALS leaner SB11 RR'4141TIALS Date II Exhibit A LOTS 19, 20 AND 21, BLOCK 11, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S KNOB HILL ADDITION TO KENT, ACCORDING+ TO PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 97r RECORDS OF KING COUNTY, WASHINGTON. Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. Assessor's Tax Parcel No: 9183701145 i I I wmeml4�iwa`aicade`r.enearcffse��asseoo�c1�g'" Exhibit B I When Recorded Return to: BradleyJ.Goodwin PMB 9376,12932 SE Kent Kungley Rd Kent WA98030 ®�50421 is® 2� T 6 �a Vitale t6�i1 KIKKaa sg1NrY, a -, Document: Easement Grantor; Stefan S.Harrell Grantee; Bradley J.Goodwin I Description: Lots 7 8,9,10 19 20,and 21 Block 11 Washington � Central Improvement Co's Knob Hill Addition to Kent Wash,Vol.5/97 Tax AccL No.;91837010815 and 9183701145 UTILITY MSFAMM TIM INDENTURE,made this l 1 day of tj f'+r i 2015,by and between Stefan S.Harrell,an unmarried individual,herein after rotbned to as the"Grantor,and Bradley A Goodwin,an unmarried individual,herein after refinred to as the"Grantee". WHEREAS,the Grantor is the current owner of the following dwedbed real property; LOTS 7,8,9 AND 10.BLOCK 11,WASONGTON CENTRAL IMPROVEMENT CO,S KNOB HILL ADDITION TO KBNT WASH„ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 97,RECORDS OF KING COUNTY,WASHIN G't Old. AND V VB%REAS,A Grand is the owner of the following citscribed real-pro-p LOTS 19,20 AND 21,BLOCK 11,WASHWGTON CENTRAL IMPROVEMENT CV S KNOB MU ADDITION TO KENT WASH.,ACCORDWG TO THE PLAT THBRBOF RECORDED IN VOLUME 5 OF PLATS,PAGE 97,RECORDS OF KING COUNTY,WASHWGTON. AND WHEREAS,Grantee requires an easement for private utility purposes across the Grantor's property at a location mom specifically described herein below. AND WHEREAS,Grantee shall have the right at times as auty be necessary,to enter upon said property for the purposes ofalteration,installation,operation,moitutmancq extension,construction,repair and reconstruction of said utilities or making any connections therewith without iacmdug any legal obligation or liability therefore,providing that said alteration,ftwollation,operation,maintenance, extension,constnotion,repair and reconstruction of said utilities shall be accomplished in such a nuumor that impact to the private improvmnents existingwifiin this easement aria ate held to a minimum with yard restoration being limited to insallation of sod and/or beauty bark as appropriate and fence replacement whore applicable.Such restomion/replacement sholl occur within 30 days of completion of the utility construction and/or maintenance, r .n u _ UlilrtyEasement Pegs I of 3 ixC I+� ' l,W.('tutl ,r'?r."!,'; 4tpt"y Auam 12n 14➢/FC3Aa➢d9rAd99FAAesAC789S4baDea AND WHEREAS,said easement shall be binding upon all current and subsequentowners of the real properties described herein,their successors and assigns and shall ran with the land. NOW THEREFORE,in consideration of the premises and other valuable consideration,receipt of which is hereby acknowledged,Grantor hereby grants,bargains sells,conveys and oonifirms forever unto said Grantee his successors and assigns,an casement for the installation,operation,maintenance, extension,construction,alteration,reconstruction and repair of private uti ft faollities over,through, under,across,and upon that portion oftimGrantor's real property situate in King County,Washington, more particularly described as follows: THE SOUTH 15,00 FEET OF EDT 10,BLOCK 11,WASHINGTON CENTRAL IMPROVEMENT CO'S KNOB HILL ADDMON TO KENT WASH.,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 97;RECORDS OF KING COUNTY,WASHINGTON, IN WITNESS WHEREOF,the Grantor has executed this instrument the day and year first above written. Grantor�!=1 y' � ow Stefa�Harrell i State of Washington i County of King I certify that I know or have satisfactory evidence that Stefan S.Iiarrell is the parson who appeared' before me,and said person acknowledged that he signed this instrument and acknowledged it to be his five and voluntary act for the uses and purposes mentioned in the inshvmenL Dated (sip" My appointment expires i I II�i I Utility Easement Paga2of3 I i N3A+i 1kM+10:28Kc3R�&49C&d91i9AC&GpES".�at9 i IN WiTAIE68 ®F,the Grantee has executed this instrument the day and year first above written. Grantee. SradleyJ.Goodwin ! �� i State of washington County of King I certify that I know or have satisfactory evidence that Bradley J.Goodwin is the person who appeared before me,and said person acknowledged that he signed this in ant and aalmowledged it to be his free and voluntary act far the uses and purposes mentioned in the oat. Dated '"f 1 (SIgnstuio)" Title -,I C; My appointment expires 16'"c) r it i I i UBtity Easement Pago 3 of 3 i I