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HomeMy WebLinkAboutEC16-058 - Other - 1st Addendum - Titus Court Apartments Ltd Partnership - Naden Property 914 W Meeker St - 04/16/2016 e c o r(,cl` s M an, W H.v Nd 1 Id L3 f A 1d _ Document CONTRACT OVE`w SHEET This is Ito he completed y the Contract ract Manager priar to submission o City Clerks Office. All portions are to be co lete d. Xf you have questions, please cont acl City Clerk',--,,rrk's Off ic: a Vendory Name: Tit ( fi t h.autwxnats � d 'If fo Vendor Number-. JD Edwards Number This is assigned by City Clerl<'s Office Description.- E1 Interlocal Agreement ❑ Change Order C7 Amendrnent ❑ Contract [,Other: Contract c t ffective late: Termination Data.- Contract Renewal Hotice i aVs): NUmber of days regUired notice for termination or renewal or amendment Contract manager: J. U46 Contract Amount., Ap rov l Authority: ❑ Department Director- XMayor ❑City COUncil Detail: i.e. address, location, err"cc; l number, tax id,, etc.);: l W. adccW I0877_8_14 FIRST ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF KENT AND TIT US COURT APARTMENTS LIMITED PARTNERSHIP This First Addendum to Real Estate Purchase and Sale Agreement ("Addendum") is entered into between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on February 16, 2016 ("Buyer"), whose mailing address is 220 4 th Avenue South, Kent, Washington 98032-5895, and TITUS COURT APARTMENTS LIMITED PARTNERSHIP ("Seller"), whose mailing address is 201 27 TH Ave S.E. #A-200, Puyallup, WA 98374, for the sale and purchase of real property as follows: I. RggLTALS 1. On February 17, 2016, the Buyer and Seller entered into a Purchase and Sale Agreement ("Agreement") for the Property known as King County Tax Parcel Number 2422049039, located at 914 West Meeker Street, Kent, Washington 98032 (the "Property"). 2. The purpose of this Addendum is to extend the date of the closing of the sale of the Property to May 6, 2016. 11. ADDLfqjDUM Buyer and Seller agree and covenant as follows: I® Section 7 of the Agreement Is hereby amended to read as follows: 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before May 2, 2016,, which shall also be the termination date of this Agreement, unless said Closing date is extended in writing by mutual agreement of the parties. When notified', the Buyer and Seller will deposit, without delay, in escrow with First American Title Insurance Company (Escrow Agent), all Instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is Buyer's Inldals-�—el— Seller's Initials Seller's Initiakq— defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 2. INCORPORATION OF RELATED DOCUMENTS. Buyer and Seller agree and understand, that this Addendum is supplemental to that certain Agreement entered into between Seller and Buyer, dated February 17, 2016, a copy of which is attached hereto and incorporated by reference as Exhibit "I." Except as expressly modified by this Addendum, all terms of the Agreement shall remain in full force and effect. 3. ENTIRE AGREEMENT. This Addendum, Including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Addendum. 4. EFFECTIVE DATE. This Addendum shall take effect on the last date signed below. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the last date set forth below. BUYER: CITY OF KENT By: u et e ooke a or Dated: //W/ SELLER: TITUS R�TME�NTS LIMXT�ED PARTNERSHIP By: Its: jFK0LLq-j i)P- QF= 13Mq 112; P N rhAL- T 51— Dated: PACMIT-flo%Opcn RceJ070-Na&nPfvpurflc014 West N1cckcMMrndum I.docx Buyer's Initlals—:�-t- � Seller's Initial Seller's Initials_ EXHXBXT I REAL ESTATE PURCHASE AND SALE AGREEMENT. This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on February 16, 2016, ("Buyer"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Titus Court Apartments Limited Partnership ("Seller"), whose mailing address is 201 27t' Ave S.E. #A-200, Puyallup, WA 98374, for the sale and purchase of real property as follows: 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number 2422049039, located at 914 West Meeker Street, Kent, Washington 98032 (the "Property"). The Property is legally described in Exhibit "A," attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE. The total purchase price for the Property is Two Hundred Thirty-Four Thousand, Two Hundred Sixty-Eight Dollars and NO/100ths ($234,268.00), payable on Closing. 3. CONTINGENCIES. This Agreement is contingent upon: (a) Buyer's receipt of Seller's information contained in the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form of which is set forth in Exhibit "B." 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 Seller within ten days from the date of mutual acceptance of the Agreement. Within five days of Buyer's receipt of the Disclosure Statement from Seller, Buyer shall either approve and accept the Disclosure Statement, or rescind the Agreement to purchase the Property, in its sole and absolute discretion. If Buyer does not Buyer's Initlal&� Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 8 EXHXBXT 1 deliver a written rescission notice to Seller within the five day period, the Disclosure Statement will be deemed approved and accepted by Buyer. (b) A feasibility study as follows: Buyer shall have thirty days from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Property is feasible for the purposes and uses intended. (c) Seller and Seller's tenants' complete vacation of the Property. Should any of the contingencies not be met prior to Closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. 4. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 1, 2, 5 and 6, of Title Report Number 42098-1978153, described in Exhibit "C," attached hereto and incorporated herein by this reference. All other special exceptions therein are to be removed on or before Closing. General exclusions and exceptions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "C," other than those specifically noted above, are to be removed on or before closing. 5. TITLE INSURANCE. At Closing, Buyer shall cause First American Title Insurance Company (Escrow Agent) to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning and utility and road easements of record. If title cannot be made so insurable prior to Closing, unless Buyer's Initials�-/IL Seller's Initla/s Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 8 Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. G. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise Tax, if applicable, shall be paid by Seller. Buyer shall pay all recording costs, title insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before 60 days of the date of mutual acceptance of this Agreement, which shall also be the termination date of this Agreement, unless said Closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with First American Title Insurance Company (Escrow Agent), all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. S. CASUALTY LOSS. If, prior to Closing, improvements on the Property shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 9. POSSESSION. Buyer shall be entitled to sole possession on Closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; Buyer's Initial Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 8 EXHIBIT I (b) that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except: (c) that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one working day upon request. 11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to Closing or any act of omission occurring prior to Closing, 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 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, consu-Iting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. Buyer's lnitials�— Seller's Initials Seller's Initials Real Estate Purchase and Safe Agreement Page 4 of 8 EXHX XT I 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of Eleven Thousand Dollars and No/100ths ($11,000.00). Buyer and Seller intend that said amount constitutes liquidated damages and so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyer's default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) 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, each party shall pay all its own costs and attorney's fees. 14. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 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 mail, return receipt requested, or by facsimile transmission addressed as set forth below: Buyer's Initia16KZ Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 8 EXHIBIT 1 (a) All notices to be given to Buyer shall be addressed as follows: Ben Wolters Economic and Community Development Director City of Kent 220 Fourth Avenue South Kent, WA 98032 Facsimile: 253-856-6454 (b) All notices to be given to Seller shall be addressed as follows: Senior Housing Assistance Group, General Partner Titus Court Apartments, Limited Partnership 3642 33rd Avenue South, Suite C-4 Seattle, WA 98144 Facsimile: 206-760-9207 (c) All notices to be given to Escrow Agent shall be addressed as follows: First American Title Insurance Company 818 Stewart Street, Ste. 800 Seattle, WA 98101 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as 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. 1.7. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the closing of the transaction contemplated by this Agreement (the "Closing") is expressly conditioned on the City of Kent City Council's (the "City Council's") prior authorization to buy the Property under this Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. The City of Kent shall not be liable or obligated for any burden or loss, financial or otherwise, incurred by Seller as a result of the City Council's modification of the final terms and conditions of this Agreement, or the City Council's failure to grant the Council Authorization. Buyer's Inftial4�1 Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 8 EXHXBXT 1 17.1 Seller's Waiver. Seller expressly waives any claim against the City of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Seller incurs as a result of the City Council's failure to grant the Council Authorization. 18. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 20. DATE OF MUTUAL. ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 21. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on March 15, 2016, to accept the Agreement as written, by delivering a signed copy thereof to the Buyer or Buyer's agent. If Seller does not so deliver a signed copy within said period, this Agreement shall lapse and all right of the parties hereunder shall terminate. Buyer's Initla! Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 8 EXHIBXT I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date set forth below. BUYER: CITY OF KENT r By: S e t94oke Its: Ma r Date /7 6 SELLER: TITUS COURT APARTMENTS LIMITED PARTNERSHIP By: Its: 6 ( or S(-hN.C) I ci r Dated• �' • 2r��� P:%CM1kRaWpmR s%1010-N.d.*W rd0914 Wm Atcd:oU`vrchcc4SeApmnmFmrtNadm.docs ,Buyer's Fnitiafsd Seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 8 EXHXBXT I HRSTAMERICAN7 7ZEINSUR4NCE CUMPANY Exhibit"A" Vested Owner:Titus Court Apartments Limited Partnership, a Washington Limited Partnership Real property in the County of King, State of Washington, described as follows: That portion of the Southeast quarter of the Northwest quarter in Section 24,Township 22 North, Range 4 East,W.M., in King County, Washington, described as follows: Beginning at a point on the South line of West Meeker Street in the City of Kent, 572 feet, more or less, East from West Boundary Line of Government Lot 4, Section 24,said point being the Northeast corner of a Tract of Land Conveyed to Albert H. Meadowcraft by Deed recorded under Recording No.3219973, records of said County; Thence South along the East line of said Tract, 180 feet; Thence East 56 feet, more or less, to the Southwest corner of a Tract of Land conveyed to L.K. Wrenwrick by Deed recorded under Recording No. 2972479, records of Said County; Thence North along the West line of said Wrenwrick Tract to the South line of West Meeker Street; Thence West 51.25 feet, more or less,to the point of beginning; Together with that portion of Alley adjoining,vacated by City of Kent Ordinance No. 2734, under Recording No(s). 8709020959 and 9302221035, as would attach by Operation of Law. Tax Parcel Number: 242204-9039-08 Buyer's Initial Seller's Initials Seller's Initials EXHIBIT I EXHIBIT E SELLER'S DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write"NA." If the answer is "yes"to any * Items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 914 West Meeker Street, KENT, WASHINGTON, ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Buyer's Initial Seller's Initials Seller's Initials I. SELLER'S DISCLOSURES: *If you answer"Yes"to a question with an asterisk (*), please explain your answer and attach documents, If available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE VYes j ] No [ ] Don't know A. Do you have legal authority to sell the - property? If no, please explain. [ J Yes ANo [ ] 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? [ ] Yes. No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? j ] Yes XNo [ ] 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 XNo [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes ,K No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ J Yes k No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes ,K No [ ] 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 { ] No Don't know *J. Is there a boundary survey for the property? [ ] Yes f>'No [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? Buyer's Initlaloo�-- Seller's Initials Seller's Initials EXHXBXT 1 2. WATER A. Household Water (1) The source of water for the property Is: ,'Private or publicly owned water system [ ] Private well serving only the subject Property *[ ] Other water system [ ] Yes [ ] No [ ] Don't know * If shared, are there any written agreements? [ ] Yes 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 problems or repairs needed? , Yes [ ] No [ ] Don't know (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain. [ ] Yes No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ] leased [ ] Owned. [ ] Yes �No [ J Don't know *(6) Are there any water rights for the property associated with Its domestic water supply, such as a water right permit, certificate, or claim? [ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right, permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes [ ] No [ ] Don't know (b) If yes, has all or any portion of the water right not been used for five or more successive years? (If yes, please explain)- *(7) Are there any defects In the operation of the water system (e.g. pipes, tank, pump, etc.)? (If yes, please explain) B. Irrigation Water [ ] Yes X No [ ] Don't know (1) Are there any irrigation water rights for the property, such as a water permit, certificate, or claim? Buyer's.InitiaCc—� Seller's Initials Seller's Initials EXHXBXT I [ ] 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? [ ] Yes [ ] No [ ] Don't know *(b) If so, Is the certificate available? (If yes, please attach a copy.) [ ] Yes [ ] No [ ] Don't know *I If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? If so, explain: [ ] Yes No [ ] 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: C. Outdoor Sprinkler System [ ] Yes f No [ ] Don't know (1) Is there an outdoor sprinkler system for the property? [ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects In the system? [ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system connected to Irrigation water? 3. SEWER/ON-SITE SEWAGE SYSTEM A. The property is served by: Public sewer system [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: NWes [ ] No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. [ ] Yes �No [ ] Don't know *C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? Buyer's Initi4`-- Seller's Initials Seller's Initials fEXHXBXT 1 D. If the property Is connected to an on- site sewage system: [] Yes [] No [] Don't know *(1) Was a permit Issued for its construction, and was It approved by the local health department or district following its construction? (2) When was it last pumped: [ ] Yes [ ] No [ ] Don't know 1�/� *(3) Are there any defects In the operation of the on-site sewage system? [ ] Don't know (4) When was It last Inspected? By whom: [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved? Bedrooms 'yes [ ] No [ ] Don't know E. Are all plumbing Fixtures, Including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: [ ] Yes [ ] No [ ] Don't know jj/A *F. Have there been any changes or repairs to the on-site sewage system? [ ] Yes [ ] No [ ] Don't know MIA 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 M//A *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 5. STRUCTURAL OR ITEM 6. SYSTEMS AND FIXTURES. 4. HEATING A. How is the residence heated? ❑ Baseboard Electric ❑ Gas ❑ OII ❑ Propane [ ] Yes [ ] No [ ] Don't know Is there an onsite fuel tank? Buyer's Initial Seller's Initials Seller's Initials EXHIBIT 1 5. STRUCTURAL [ ] Yes [ J No Don't know *A. Has the roof leaked within the last five years? [ ] Yes [ ] No [ ] Don't know l+/� *B. Has the basement flooded or leaked? [ ] Yes No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know *(I) If yes, were all building permits obtained? [ ] Yes' [ ] No [ ] Don't know *(2) If yes, were all final inspections obtained? Yes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: [ ] Yes [ ] No bkDon't know *E. Has there been an settling, slippage, or sliding of the property or its improvements? [ ] Yes [XNo [ ] Don't know *F. Are there any defects with the following: (If yes, please check applicable items and explain.) ❑ Foundations Decks Ll Exterior Walls ❑ Chimneys Interior Walls Fire Alarm ❑ Doors ❑ Windows ❑ Patio ❑ Cell in s Slab Floors -Driveways ❑ Pools 1 ❑ Hot Tub ❑ Saunas ❑ Sidewalks ❑ Outbuildings- ❑ Fire laces ❑ Garage Floors LJ Walkways Siding TI Other ❑ Wood Stoves [ ] Yes [ ] No bkDon't know *G. Was a structural pest or"whole house" Inspection done? If yes, when and by whom was the inspection completed? [ ] Yes No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [ ] Yes [ ] No Don't know I. Is the attic insulated? [ ] Yes [ ] No [ ] Don't know N/A ]. Is the basement insulated? 6. SYSTEMS AND FIXTURES *A, If any of the following systems or fixtures are Included with the transfer, are there any defects? If yes, please explain. Buyer's lnitial� Seller's Initials Seller's Initials EXHXBYT 1 >41Yes [ ] No [ ] Don't know o Electrical system, including wiring, switches, outlets, and service. 'Yes j ] No [ ] Don't know o Plumbing system, Including pipes, faucets, fixtures, and toilets. Yes [ ] No [ ] Don't know o Hot water tank [ ] Yes [ ] No Don't know a Garbage disposal [ ] Yes [ ] No Don't know o Appliances [ ] Yes [ ] No Don't know a Sump pump XYes [ ] No [ ] Don't know o Heating and cooling systems [ ] Yes [ ] No [ ] Don't know u 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.) j ] Yes [ ] No [ ] Don't know q.1/,a Security system [ ] Yes No [ ] Don't know Tanks (type): [ ] Yes [ ] No [ ] Don't know j�/A Satellite dish [ ] Yes [ ] No [ ] Don't know Other: *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes No [ ] Don't know (1) Woodstove? [ ] Yes [XNo [ ] Don't know (2) Fireplace insert? [ ] Yes k No [ ] Don't know (3) Pellet stove? [ ] Yes ( No [ ] Don't know (4) Fireplace? [ ] Yes [ ] No [ ] Don't know if yes, are all of the (1) woodstoves or(2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? Buyer's Initial Seller's Initials Seller's Initials EXHYBXT 1 kYes [ ] No [ ] Don't know D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? Yes [ ] No [ ] Don't know E. Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, seller must equip the residence with carbon monoxide alarms as required by the state building code.) Yes [ ] No [ ] Don't know F. Is the property equipped with smoke alarms? 7. HOMEOWNERS'ASSOCIATION/COMMON INTERESTS [ ] Yes bkNo [ ) Don't know A. Is there a Homeowners'Association? Name of the Association and contact information for an officer, director, 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 J <No [ ] Don't know B. Are there regular periodic assessments: $ per[ J Month [ ] Year [ ] Other [ ] Yes D<No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes k No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned In undivided interest with others)? S. ENVIRONMENTAL [ ) Yes b.No [ ] Don't know *A. Have there been any flooding, standing water or drainage problems on the property that affect the property or access to the property? [ ] Yes [ J No [ ] Don't know *B. Does any part of the property contain fill dirt, waste or other fill material? Buyer's Initlalyw--� Seller's initial Seller's Initials EXHXBXT a [ ] Yes �t No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes No [ ] Don't know D. 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, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes No [ ] Don't know *F. Has the property been used for commercial or Industrial purposes? [ ] Yes [ ] No Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [ ] No Don't know *H. Are there transmission poles or other utility equipment Installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes >j No [ ] Don't know *I. Has the property been used as a legal or Illegal dumping site? [ ] Yes No [ ] Don't know *J. 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 cellular telephone reception? 9. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, [ ] Yes No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: [ ] Yes [ ] No Don't know *B. Did the previous owner make any alterations to the home? [ ] Yes [ ] No [ J Don't know kjl . *C. If alterations were made, were permits or r variances for theses alterations obtained? Buyer's Initlal��� Seller's Initials Seller's Initials EXHIBIT 1 10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes No [ ] Don't know *Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. Buyer's Initlal Seller's Initial Seller's Initials a EXHXBXT 1 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. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate Information. D. This Information is for disclosure only and is not Intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, If any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE: BUYER: BUYER: Buyer's Initials Seller's Initials Seller's Initials EXHXBXT I EXHIBIT C 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein,the excise tax rate for the City of Kent is at 1.78%. Levy/Area Code: 1525 2. Liability, If any, for pro-rata portion of Real Property taxes, which are carried on the King County Tax Rolls,as exempt. Tax account no.242204-9039-08. The taxes for the current year reflect an exemption. Any curtailment of the exemption may result in an addltional amount being due for the current year and for any re-assessment of land and improvement values. 5. Easement,including terms and provisions contained therein: Recorded: March 20, 1989 Recording Information: 8903200594 In Favor Of: Puget Sound Energy,Inc.,a Washington corporation For: Electric transmission and/or distribution system 6. Easement,including terms and conditions contained therein: Reserved By: City of Kent For: Drainage,overhead or underground utllitles and right of way Recorded: February 22, 1993 Recording Information: 9302221035 Buyer's Initial Seller's initials Seller's Initials EXHIBIT i REQUEST FOR MAYOR'S SIGNATURE KEIVT Print on Cherry-Colored Paper WAsHeHoroN Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Dfrertor Originator:Julie Pulliam Phone (originator): 5702 Date Sent:2/12/16 Date Required:ASAP Return Signed Document to:Julie Pulliam Contract Termination Date: 3/15/16 VENDOR NAME: Date Finance Notified: Titus Court Apartments Partnership ts Limited Parthi (only required on contracts Z/1 6/1 6 p {) 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:2/16/16 2,16�16 (Required on Non-City Standard Contracts/Agreements) Has.this Document been Sped call Account Number: mZ0042.66100.9419 Authorized in the Budget? YES NO Brief.Explanation of Document: $234,268.00 Purchase of the property located on the Naden property. 914 West Meeker Street. All Cant r a Routed Through The,Law Department (This area t e )Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to mayor: ri Shaded Areas To n> tyAdministration Staff Received'-� . Recommendatlons and Comments 5L t on!:U f � crCTI � n / w FEB I 20 Date'Retumed: 16 cltJ4r PACNAV o=enl ProcessingtRequast W Mayor.U1gn9tUr­J*U UTTIce 1Mint REQUEST FOR MAYOR'S SIGNATURE Print on Cherry-Colored Paper KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Di rector �- Originator: Kim Komo�to cab© Julie Pullium Phone (Originator): 5788 Date Sent: 4/15/16 Date Required:ASAP Return Signed Document to: Kim Kom= Contract Termination Date: May 6, 2016 VENDOR NAME: Date qI ancNotified, Titus Court Apartments Limited Partnership ly ruired on contracts rant) 2/16/16, $20,000 and over or on any G DATE OF COUNCIL APPROVAL: 2/16/16 Date Risk Manager Notified:2/16/16 Re paired on Non-City Standard Contracts ZAgreements) Has this Document been Specifically Account Number: Authorized in the Bud g t? a YES NO Brief Explanation of Document: First Addendum to Purchase and Sale Agreement for the property located at 914 West Meeker Street. All d hrough The Law Department (This area to be completed by the Law Departme Received: APR 115 2016 Approval of Law Dept.: �qr Law Dept, Comments: Yr. Date Forwarded to Ma T I "A Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: ti z D Disposition: 44111- 14� ] 6 2016 Date Returned: CT