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HomeMy WebLinkAboutPW15-399 - Extension - Richard & Partners, LLC - Ramada/224th St Extension & Overpass Project - 01/23/2017 ec® feds Kan eme 1' KEN II° :r'' Documont WY NINATON 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: RW 1eu pan s Li..G_ Rar+mac" vendor Number: gq^3op3 JD Edwards Number Contract Number: r w This is assigned by City Clerk's Office Project Name: 5, �24+" ` ),�� ( pr4e.c.} Description: ❑ Interlocal Agreement ❑Change Order ❑Amendment ❑Contract l ER Other: o CJse a+ pf Contract Effective ®ate; a a�ot't Termination Date:_wr a Contract Renewal Notice (Days): N/A Number of days required notice for termfnation or renewal or amendment Contract Manager:, L� Department: J>eei5n ICA911,aeri� (Ie. Contract AmounO 32U.'1 a i ,a o Approval Authority: ❑ Department Director IRMayor ❑City Council hDetYaYil. (i.e. address, l�ocatlonQQ[[;;parcell, number, tax Id, etc.): tG )` y' Me Sw �-aa-s D m. Nuvwlncr= "��s��,o- 00Iv 0dwW10877_8_14 Agreement Extending Closing and Allowing Possession and Use of Property City of Kent 224th Street Overpass Project Owner: Richard & Partners, LLC, a Washington limited liability company King County Tax Parcel Number: 775780-0010 Address: 22318 84`h Ave. So., Kent WA 98031 Agreement Date: January 23, 2017 This Agreement is entered on the date shown above (the "Agreement pate") between the City of Kent, Washington, a Municipal Corporation ("Kent" or "the City') and Richard & Partners, LLC, a Washington limited liability company ("Richard"). The City and Richard will be referred to as the "Parties." I Background 1. On December 22, 2015, the Parties entered into two Real Estate Purchase and Sale Agreements (Exhibits la and 2a, attached), one for the City's purchase of certain real property from Richard as set forth in Exhibit la, and the second for Richard's purchase of certain real property from the City as set forth in Exhibit 2a. The agreements provided for closing no later than February 29, 2016 (each agreement set forth a date of "February 29, 2015," but the Parties agree that "2015" was a typographical error and should have read "2016."). 2. Closing of the agreement for the City's sale to Richard—Exhibit 2a—was expressly conditioned on the simultaneous closing of the agreement for Richard's sale to the City—Exhibit la. The closing of that agreement—i.e., Exhibit la—was in turn conditioned upon, among other things, Richard securing from the U.S. Small Business Administration ("SBA") a partial deed release in connection with a beneficial interest in a deed of trust that had been assigned to the SBA on August 7, 2014 3. The Parties expect the SBA to at some point issue the contemplated partial deed release after the SBA completes its analysis of the pending transaction, but that has not yet happened and the Parties cannot predict when it will happen. Consequently, the Parties have already had to extend closing four times, as set forth in attached Exhibits lb, 1c, 1d, le, 1f, 2b, 2c, 2d, 2e and 2f. Pursuant to Exhibits 1e and 2e, respectively, the transactions are now set to close simultaneously no later than January 30, 2017, but the Parties agree that it is unlikely that the SBA will issue its partial deed release by that date. Meanwhile, the City urgently needs to construct the project for which the Richard property is being acquired. City of Kent— Richard & Partners Closing Extension and Possession Agreement-- Page 1 4. Because the lender has not yet provided the necessary partial deed release as referenced above, the Parties wish to move forward as follows (and as detailed below): acknowledge and keep intact their binding agreements for the purchase and sale of interests as set forth in Exhibits la and 2a, except to supersede as set forth below the most recent closing extensions set forth in Exhibits If and 2f; delay the recording of deeds as set forth below; and allow the City to construct its project on the real property it is acquiring from Richard pursuant to Exhibit 1a and allow Richard to use for its purposes the real property that Richard is acquiring from the City pursuant to Exhibit 2a. Agreement 5. CLOSING EXTENSION/NEW CLOSING DEADLINE. Exhibits 1f and 2f, attached, are each the Fifth Addendum to one or the other of the two purchase and sale agreements (Exhibits la and 2a, attached) between the Parties, respectively. Those addenda to the purchase and sale agreements are hereby superseded and the purchase and sale agreements amended as follows: a. Richard and the City hereby agree that Section 9 of the Purchase and Sale Agreement (Exhibit la, attached) between Richard as seller and the City as buyer is replaced by the following: Section 9. Closing of the Sale/RecordingofInstruments. WITH THE UNDERSTAN DING THAT TIME IS OF THE ESSENCE FOR THIS AGRFEMENT, this sale shall be closed on the earlier of(1) September 15, 2019, or (2) the date that Seller's lender delivers to the City a partial deed release of lender's interest in the portion of Seller's real property subject to the Parties' Purchase and Sale Agreement. Meanwhile, and no later than January 27, 2017: (1) the City will deposit in escrow with First American Title and Escrow ("First American" or "Escrow Agent") all monies required to complete the transaction in accordance with this Agreement, and (2) Richard shall deposit in escrow executed originals of all instruments required to close the transaction except for the partial deed release. On January 30, 2017, or as soon thereafter as is practical, Escrow Agent shall disburse to Richard all the monies to which Richard is entitled, and shall deliver to the City for eventual recording the executed originals of the instruments deposited in escrow by Richard. Closing for the purpose of this Agreement is defined as the date that the City records the aforementioned executed instruments received through escrow from Richard, which recording shall be accomplished by the City pursuant to this Agreement either at such time as the City has received the partial deed release or on September 15, 2019, if no partial deed release has been received by the City by that date. City of Kent— Richard & Partners Closing Extension and Possession Agreement -- Page 2 b. Richard and the City hereby agree that Section 9 of the Purchase and Sale Agreement (Exhibit 2a, attached) between Richard as buyer and the City as seller is replaced by the following: Section 9. Closing of the Sale/Recording of Instruments. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed simultaneously with the closing of that certain November 17, 2015, Purchase and Sale Agreement between Richard as Seller and the City as Buyer. Meanwhile, and no later than January 27, 2017, (1) Richard will deposit in escrow with First American Title and Escrow ("First American" or "Escrow Agent") all monies required to complete the transaction in accordance with this Agreement, and (2) the City shall execute and deposit In escrow a COPY of the instruments required from the City to complete the transaction in accordance with this Agreement, which Instruments shall be held by the City in original form, fully executed; but which shall be delivered by the City to Richard simultaneous with the City's recording of instruments in connection with the Parties' November 17, 2015, Purchase and Sale Agreement between Richard as Seller and the City as Buyer. 6. INDEMNIFICATION BY RICHARD IN EVENT OF CLOSING WITHOUT PARTIAL DEED RELEASE. If closing, defined as the recording of all instruments related to the Parties' two purchase and sale agreements (Exhibits 1a and 2a) occurs on September 15, 2019, without o partial deed release from Richard's lender, then a. Richard acknowledges that it is obligated pursuant to its loan agreement to turn over to its lender some or all of the proceeds of this transaction. Richard shall therefore pay its lender directly to satisfy any rights or claims of any kind that Richard's lender may have to any portion of the proceeds of Richard's sale to the City. b, Richard agrees to indemnify and hold the City harmless if Richard's lender requires any portion of the proceeds from the City's acquisition of the Subject Property after proceeds have been disbursed to Richard pursuant to this agreement. 7. POSSESSION AND USE BY THE CITY. As of the date of this Agreement, the City shall have the right to occupy and use certain portions of the Richard Property as follows: a. The City may occupy and construct its project upon the portion of the Richard Property identified in Exhibits A and A-1 (the "fee acquisition area") that are parts of Exhibit 1a attached to this Agreement. b. The City may use for ingress and egress the portion of the Richard Property identified in Exhibits B and B-1 (the "easement area") that are parts of Exhibit 1a attached to this Agreement. City of Kent — Richard & Partners Closing Extension and Possession Agreement-- Page 3 c. The City may use for project construction purposes the portion of the Richard Property identified in Exhibits D and D-1 (the "temporary construction easement area") that are parts of Exhibit 1a attached to this Agreement. 8, POSSESSION AND USE BY RICHARD. As of the date of this Agreement, Richard shall have the right to occupy and use the City's Property as follows: a. Richard may occupy and use the City Property identified In Exhibits A and A-1 (the "fee acquisition area") that are parts of Exhibit 2a attached to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective January 23, 2017. Richard & Partners, LLC, a Washington limited liability company M" By Its: bon I�LdVI CITY OF KENT By Suze p,'. ke, Mayor pp Appf`oved: B Tom rubaker, CityAttorney Exhibit List—Exhibit la through Exhibit 5 Exhibit 1a Purchase and Sale Agreement, City as Buyer City of Kent— Richard & Partners Closing Extension and Possession Agreement -- Page 4 Exhibit lb Addendum to Exhibit la Exhibit 1c Second Addendum to Exhibit la Exhibit 1d Third Addendum to Exhibit la Exhibit le Fourth Addendum to Exhibit la Exhibit 1f Fifth Addendum to Exhibit 1a Exhibit 2a Purchase and Sale Agreement, City as Seller Exhibit 21b Addendum to Exhibit 2a Exhibit 2c Second Addendum to Exhibit 2a Exhibit 2d Third Addendum to Exhibit 1a Exhibit 2e Fourth Addendum to Exhibit 2a Exhibit 2f Fifth Addendum to Exhibit 2a Exhibit 3 Form of Quitclaim Deed to be executed by Richard Exhibit 4 Form of Easement to be executed by Richard Exhibit 5 Form of Quitclaim Deed to be executed by City City of Kent— Richard & Partners Closing Extension and Possession Agreement-- Page 5 i REAL ESTKTE PURCHASE AND SALE AGREEMENT y WITH EARNEST MONEY PROVISION This Agreement is entered between the (CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on November 17, 2015 ("Buyer"), whose mailing address is 22D 4"' Avenue South, Kent, Washington 98032-5895 and Richard & Partners LLC ("Seller" ),), whose mailing address is 2340 130r' Avenue Northeast, #D202, Bellevue, WA 98005, for the sale and purchase of real property interests as Follows; 1. PPOPERTif. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as a portion of King County Tax Parcel Number 775780- 0010, located at 22318 84Lh Avenue South, Kent, WA 98031 (the "Property"). The Property consists of one parcel for which a fee interest will be conveyed, legally described in Exhibit "A," and as generally depicted on Exhibit "A-a", one parcel over which easement rights will be conveyed, legally described in Exhibit '%" and as generally depicted in Exhibit and one parcel over which a temporary A construction easement will be conveyed, legally described in Exhibit "®," and as generally depicted in Exhibit which exhibits are attached hereto and incorporated herein by this reference. I I 20 EARNEST MONEY, Within ten working days of mutual acceptance of this Agreement, Buyer shall deposit with First American Title Insurance Company i (the "Escrow Agent"), the sum of Five Thousand Dollars and NO/100ths ($5,000.00) in the form of a Certified Check, as refundable earnest money to be applied toward the purchase price of the Property payable at Closing. 3, PURCHASE PRICE,. The total purchase price for the Property is Four Hundred Twenty-Nine Thousand Five Hundred Dollars and NO/100ths ($429,500.00) including Earnest Money, payable on Closing. ���+ i buyer s%nTkia�"'" Seller's%n/p),a&t' Seller's%nikfals I . Reai 'st�a'te.�.Pumliase and Sale Agreement Page I of 8 131 1 A X 44. CONTIINUENCIIES. Closing will be simultaneous with, and specifically contingent upon, Closing of the sale of certain City property, legally described in Exhibit`°E," attached hereto. 5. BUYER'S WAIVER OF DRSCLOSURE sTwEmENT. Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. By executing this agreement, Buyer hereby expressly and knowingly waives that right, pursuant to RCW 64.06.013. Seiler affirms that no answer to any of the questions in the section entitled "Environmental" in the Seller Disclosure Statement would be „yes." 6ii. CONVESVANCE AND CONDITION ®E 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) 18 through 23, 25 and 26 of Title Report Number 4209- 214B756 and supplemental reports 1 and 2 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. u I D. 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 8 Buyer elects to walve such defects or encumbrances, this Agreement shall Gi terminate and the Earnest Money shall be returned to Buyer. Buyer's xnitlal'45 %nffals ,Seller's Initials pi V Real Estate Purchase and Sale Agreement Page 2 of 8 y i I S. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise Tax, if applicable, shall be paid by Buyer, except for those fees which are expressly limited by Federal Regulation. Buyer shall pay all recording costs, title insurance r premium, the costs of any survey, and the fees and expenses of its consultants. G Taxes for the current year, assessments (Paragraph 4 of said Title Report Number u 1), 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. 9. OIL®SXNG ®E TEE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by February 29, 2015 or sooner, 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. E®. CASUALTY LOSS. If, prior to Closing, improvements an 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. q�q it. POSSESSION. Buyer shall be entitled to possession on Closing. n2. SELLER'S REPRESENTATIONS. Seller represents: (a) that Seller will maintain the Property in present or better condition until time of agreed possession; (b) that Seller has no knowledge of notice from any governmental agency p of any violation of laws relating to the Property except: suyer's.'rnitiao Seller's ZnkfalsMP Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 3 f N a I (c) that if the Property is leased, Seller will provide copies of each and every lease to Buyer within one working day upon request. 13a SELLIEWS EMVXR®NMENTAd REPRIESENTATRONS. Seller represents that, to the best of Seller's knowledge, Seller Is not aware of the existence of, or has caused or allowed to he 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 he 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. 24. SELLER'S 2NDEMMITYES. Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and 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. 15. DEFT,UI_V' AND A'1f TORNEY'SS FEES. 8 (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Money previously paid by the Buyer. Buyer and Seller intend e Buyer's Snitials Seller's xl lals z Sellers Initials i Real Estate Purchase and Sale Agreement Page 4 of 8 4 It V ` 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. I (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, � i 16, 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 i 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. 17. NON-MERGER. The terms, conditions, -and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 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: (a) All notices to be given to Buyer shall be addressed as follows: Ingrid Willms-Dixon RWA, Project Analyst City of Kent 220 Fourth Avenue South Kent, WA 98032 IDl?gor)@l<entwa.gov 253-856-5519 Puyer's znldals� Sellers%nitials `; seller's%nitfals Real Estate Purchase and Sale Agreement Page 5 of 8 ! (b) All notices to be given to Seller shall be addressed as follows: 1 Richard & Partners, LLC U' Moon Kim and Sun Ja Kim ?h 4 ✓e, 5 - � 4'J sw9t1980�vahoo c,o.l� I 425-367-9169 (c) All notices to be given to Escrow Agent shall be addressed as follows: i Cheri Bakos First American Title Insurance Company 555 South Renton Village Place, #760 Renton, WA 98057 425-873-1680 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. 19. CITY C®1DNCZL ACTRON REQUXRED. 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. 19.1 S'seller's Wgfvgr. Seller expressly waives any claim against the City of Kent and its elected officials, officers, employees, representative and agents Buyer's InWals v seller's%nklals �� Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 6 for any burden, expense or loss which Seller incurs as a result of the City Council's failure to grant the Council Authorization. 20. EN7XRE 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. 21. S1INORMS EFFECT AND StOVRVXVAL. 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 I transaction. 22, 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, 23. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on December 11, 2015, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on r the last date set forth below. e 0 8 BUYER: (CITY OF KERLA" By: 7,ePo Its: �'DatedBuyer � Seller's,�i71@fall�"/!� Seller's Initials i Real Estate Purchase and Sale Agreement Page a of a { i d d SELLER/; W Y; ry Ib p �PARTNERS, Its: �: ._�--�.a--( Its: Dated: — /d % I Dated: . e V 1� h Y d N E Buyer's Ynitfals,— Sellers%nftials —1< � Seller's 8nitla/s Real Estate Purchase and Sale Agreement Page a of 9 EXHIBIT A FEE TO CITY OF KENT T.L. 7757800010 FATCO #4209-2148756 THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00036'37"W 231.86 FEET TO A POINT ON A LINE THAT IS 26 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE N89138'54"E 79.77 FEET TO THE EAST LINE OF THE WEST 685 FEET OF SAID LOT 1; THENCE ALONG SAID EAST LINE N01014'02"E 26.01FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. EXCEPT THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO, 8702130064 CONTAINING 30,632 SQUARE FEET, MORE OR LESS. S�•', � 4&ltD tCF *4GI.AS-W I I i I I G u C? , CY JV � g �a 3 I m wF $ Cz zN LLO N ~ � K Q Q pI O Q ❑ vOi 0 1 z'n z IL LU J q W H Q I LL 0 Z Z :Rpit w a ~ o W W N00°36'37"W-231.66' . � U� H ray n j ''Oy o o, m w z �wSY Y zi % m u a m wpm O) z u w p z ? tt s22N ° o o I o O `a`5 UZ ❑ N Uj m (}}rl zW yrry,�- 4_ W ZOS ? Z ) pIr gzQa ¢ ¢wW ODmw =2. O WU ¢® w y T6q g p NZ�U D06W�WiI��� i i EXHIBIT INGRESS, EGRESS, & STORM EASEMENT THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 30.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 20.00 FEET; THENCE N88041'27"W 329.12 FEET; THENCE S00022'35"E 32.53 FEET TO THE NORTH LINE OF THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE N87140'56"E 13.31 FEET; THENCE N80009'26"E 11.86 FEET; THENCE LEAVING SAID NORTH LINE N00022'3S"W 10.54 FEET; THENCE N88141'27"E 304.14 FEET TO THE POINT OF BEGINNING. CONTAINING 6,881 SQUARE FEET, MORE OR LESS. IEE � cY. AL 1,2 B 8 t A P it p� wxw W Lu M u � I o 0 ON� Nm W OO aQ 1^ N O C1 m r m Q fVi] O ji p- W W yWyWW W m J mMN�^i hNNmN N Fn Q I Q v , I � 00 mOf+00�m 0 O O W pp m m O m I zzz azzz FU L' J J J J J J J J J • o L L I W svp� Y LL W (i r� z w r Y0,7 Y' 6 6 �22 m W a .s m O� Zz=� '.. c m LU W ti m W O ^ z I=-U �yz�y,, J z W W WW❑0 U z U N ❑y z F ? �F U) DOWO � Oa �-Ow CZmg rtt r5 a z mw = Hu W o V y w a pNzaocLLNQ_ I I a. sxrer<a FGsFAmorimn Title lasamaca Company 218 Stewart St,Ste B00 +a First Axne icav Seattle,WA 99101 r d Pon-(206)723-WO (800)826-771B Fax- King County Title Team TEXH BIB 818 Stewart St,Ste. 800,Seattle,WA 98101 Fax No. (866)904-2177 Fax No.(866)561-3729 �o��%fie '1d")C`t111.3��<�9°k9@!1/�(9�fdf���rr9l,ccmuva Pat Fullerton (206) 615-3055 Kelly Cornwall (206) 336-0725 Jennifer Salas (206)615-3011 Peter Child (206) 336-0726 Kathy J.Turner (206)336-0724 Curtis Goodman(206)615-3069 Municipallty Title Officer To: City of Kent Design Engineering He No.: 4200-214875E 220 4th Avenue S Your Ref No.: PW2013-180 Kent,WA 98032 228th/224th Corr.Cast Leg 14- 3010f8 Attu: Ingrid Willms-Dixon Re: Property Address: 223)8 84th Ave S, Kent,WA 98032 SUPPIle mental {ppor$ 2 Dated. November ber 16, 2015 at 8a08 AM frrrtnaiftmentfpreArninary Report ift 4709-2148756 dated as of December 29, 2.014 (Including any supplements or amendments thereto) relating to the issuance of an American Land Ttle Association Form Policy is hereby modified and/or supplemented as follows: There has been no change In the the to the property covered by our Comm ltment/Prellminary Report dated 1 2129/2 014 at 7:30 a.m. except as noted below and the Commitment date has been extended to November 16,2015: Matters as disclosed on Supplemental No 1, previously Issued. Paragraph no.(s) 2, 3, 8, 9 and 10 of our Commitment/Preliminary Report has/have beer,eliminated. . A 0 i Page 1 of 2 G l Date: November 19, 2015 File No.: 4209-2148756(ceg) The legal description of the herein described property has been amended to read as Follows: THAT PORTION OF THE GRANTOR'S PARCEL DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT,ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF ICING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. LYING EASTERLY OF THE FOLLOWING DESCRIBED LIN E: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 NORTH 89039'33" EAST 612,9S FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00036'37"WEST 231.86 FEET TO A POINT ON A LINE THAT IS 26 PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE NORTH 89°38'54" EAST79.77 FEET TO THE EAST LIN OF THE WEST 685 FEET OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 01014'02" EAST 25.01 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE; EXCEPT THAT PORTION DEDICATED TO THE CITY OF KENT FOR RIGHT-OF-WAY AS DESCRIBED IN KING COUNTY RECORD NO, 8702130064. GRANTOR'S PARCEL: E ADDITION TO THE CITY OF KENT LOT 1 OF SHINN'S CLOVERDAL ,AS PER PLAT RECORDED IN VOLUME 6 OF PLATS,PAGE 52, RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THE WEST 12 FEET THEREOF CONVEYED TO THE CITY OF KENT FOR 84TH AVE. SOUTH BY DEEDS RECORDED OCTOBER 24, 1972 UNDER RECORDING NOS. 7210240044, 7210240045 AND 7210240046; AND EXCEPTTHAT PORTION CONVEYED TO THE CITY OF KENT BY INSTRUMENT RECORDED FEBRUARY 13, 1987 UNDER RECORDING NO. 8702130064; (ALSO KNOW AS LOT 1 OF LOT LINE ADJUSTMENT NO. LL-87-2, RECORDED FEBRUARY 16, 1987 UNDER KING COUNTY RECORDING NO. 87021B0897). FirstAnrarkan rltfaTnsafrance Cazrrpany Curtis Goodman, Title Officer 1 Page 2 of 2 _._. a, .x e n,r ppp F1r tAMeo1Cen Title Insurance Cvntpenp 918 Stewart St,Ste 800 seanie,wn9MI y, Phn-(206)728-0400 (800)926-7718 4 Fax- King County Title Team 818 Stewart St,Ste. 800,Seattle,WA 98101 Fax No. (866) 904-2177 Fax No.(866)561-3729. �M L' hTL ACJEMGaM? A@fir5tal Pat Fullerton (206) 615-3055 I(elly Cornwall (206)336-0725 Jennifer Salas (206) 615-3011 Peter Child (206) 336-0726 Kathy J.Turner (206) 336-0724 Curtis Goodman (2D6) 615-3069 Municipality Title OfFcer To: City of Kent Design Engineering File No.: 4 20 9-2148 7 5 5 220 4th AVE 5 Your Ref No.: PW2013-180 ICI Kent,WA 98032 226th/224th Corr. East Leg 14- 3010R Attn: rngrid Willms-Dixon Re: Property Address: 22318 S4th Ave 5,Kent,WA 98032 sup@spes`, entai Report I Dated- Jam" 07, 2015 at SM AA. cor"ntifinentfAs,&IlnylKjaty Report No,4200-2148755 dated as of December 29, 2014 (Including any supplements or amendments thereto) relating to the issuance of an American Land Ttle Association Form Poilcy Is hereby modified amid/on supplemented as follows: Paragraph NO(S). 4 has/have been amended to read as follows: 4. Assessment by: City of: Kent Account No.: 775780-0010-01 Original Amount: $398,399.76 plus interest at 5.25% Original No. of Installments: 15 No. of Installments Paid: 2 No. of Installments Delinquent: 0 Next Payment Due: December 16,2015 Improvement: Road Improvements Local Improvement District No.: 353 Page 1 of 2 V' Date: January 06, 2015 File No.: 4209-2148756 (ceg) it FirsEAmerican Mle,CnsuranceCal"Pa" Gal; Curtis Goodman,Ttle Officer V p� V i M h I E Page 2 of 2 p� V 0 Il F7rst American Title Insurance Cemgnnp First A' " « Big Stewart st,Ste 60D Ji.',�,�"+�.t,w",8.4;'��'�r",� Seattle,WA 9B101 i Phn-(206)726-0400 (600)B26-7718 Fax- I I I King County Title Team 816 Stewart St,Ste. 800, Seattle,WA 98101 Fax No. (866) 904-2177 Fax No.,(866)561.3729 MAIL, �jjTLEk1NGWA@ffrstamx0rin Pat Fullerton (206) 615-3055 Kelly Cornwall (205) 336-0725 Jennifer Salas (206) 615-3011 Peter Child (206)336-0726 Kathy J. Turner (206) 336-0724 Curds Goodman (206) 615-3069 Municipality Title officer To: City of Kent Design Engineering File No.: 4209-2148756 220 4th AVE S Your Ref No.: PW2013-180 Kent,WA 98032 228th/224th Corr. East deg 14- 3010R Attn: Ingrid Wiilms-Dimon Re: Property Address: 22318 84th Ave S, Kent,WA 98032 COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAAgERIcAR0 TITLE Il4faURAiltCE COMPAINV Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of tine Commitment[late shown in Schedule A. If the R:equirempnts shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation tinder this Commitment will end when the Policy Is issued and then our obligation to you will be under the Policy. I Our obligation under this Commitment is limited by the following: The Provisions In Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment Is not valid without Schedule A and Section I and I1 of Schedule B, FirstAmencan Title Form No.1066-2 Commitment No.:4209-2148756 ALTA Plain Language CommI rent Page 2 of 12 FrstAmerican Title 1°nsaarance Company I a Curtis Goodman,Title Offlcer I I i f V 1 f7isfAmerkan 7798 1 Form No.1066-2 Commitment No,:4209-2148756 ALTA Plain Language Commlhnent Page 3 of 12 ScHE®ULE A 1, Commitment Date: December 29, 2014 at 7:30 A.M. 2. Polley or Policies to be issued: AMOUNT PREMIUM TAX Short Term Rate Standard Owner's Policy $ To Follow $ To Follow $ To Follow Proposed Insured: City of Kent, a Washington municipal corporation Worl<Charges $ 380,00 $ 36.10 9 3. (A) The estate or Interest in the land described In this Commlbnent is: Fee Simple (B) Title to said estate or Interest at the date hereof is vested in: RICHARD AND PARTNERS, LLC,A WASHINGTON LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment Is described as follows: Real property in the County of King,State of Washington, described as follows: The land referred to In this report Is described In Exhibit A attached hereto. First American Title ° 6 Fonn No.1068-2 Commlonent No.:4209-2148756 ALTA Plain Language Commllment Page 4 of 12 SCHEDULE B SECTION I REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest In the land and/or the mortgage to be Insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be Insured I must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to In this Commitment who will get an interest In the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s)or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys,etc, 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS PART ONE: A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. C. Easements,claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (C) Water rights, .claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aborlglnal Rights,including easements or equitable servitudes. F. Any len, or right to a Ilen, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water,garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, If any, created,first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed Insured acquires of record for value the escrow or Interest or mortgages) thereon covered by this Commitment. I c Fr Mmedcan Title Potm No.1066-2 Commitment No.:4209-2148756 ALTA Plain Language Commltnent Page 5 of 12 SCHEDULES SECTIONS II EXCEPTIONS PART TWO: Any policy we issue will have the following exceptions unless they are taken care of to our satlsfactlon. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which Issued this Commitment, Copies of the policy forms should be read, 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. General taxes and assessments, If any, for the year 2D15, in an amount not yet avallable, which cannot he paid until the 15th day of February of said year. Tax Account No.: 775780-CO10-01 Assessed Land Value: $ 2,239,6D0.00 Assessed Improvement Value: $ 5,568,60D.00 3. Delinquent General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 775780-0010-01 1st Half Amount Billed: $ 57,347.47 Amount Paid: $ S7,347.47 Amount Due: $ D.DO, plus interest and penalty 2nd Half Amount Billed: $ 57,347.46 Amount Paid: $ 0.00 Amount Due: $ 57,347,46,plus interest and penalty Assessed Land Value: $ 2,239,600.00 Assessed Improvement Value: $ 5,406,SOD.00 4. Liability for any off record assessments, if any, 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Richard and Partners, LLC,a Washington LLC Grantee/Beneficiary: East West Bank Trustee: First American Title Insurance Company Amount: $4,222,500,00 Recorded: May 20,2D14 R Recording Information: 20140520000663 6. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Richard and Partners, LLC, a Washington LLC Assignee: East West Bank r Recorded: May 20,2014 Recording Information: 20140520000664 RrstAmeocon T?!e r Form No.ID69-2 Commitment No,:4209-2148756 ALTA Plain language Comm ftnvt Page 6 of 12 i 7, Hazardous Substances Agreement and the terms and conditions thereof: Between: Richard and Partners, LLC And: East West Bank, Loan Servicing Department Recording Information: 20140520000665 8. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Richard and Partners, LLC, a Washington LLC Grantee/SenefIclary: East West Bank Trustee: First American Title Insurance Company Amount: $2,511,900.00 Recorded: May 20, 2014 Recording Information: 20140520000666 I, 9, Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Richard and Partners, LLC,a Washington LLC Assignee: East West Bank Recorded: May 20, 2014 Recording Information: 20140520000667 10. Hazardous Substances Agreement and the terms and conditions thereof: Between: Richard and Partners, LLC And: East West Bank, Loan Servicing Department Recording Information: 20140520000668 11. An unrecorded lease and the terms and conditions thereof, disclosed by a Subordination, Nondisturbance and Attornment Agreement recorded under recording no. 20140520000669. Lessor: AR Hospitality, Inc. Lessee: Jake Investment LLC, a Washington LLC Dated: September 29, 2010 Terra: Undisclosed The Lessor's Interest is now held of record by the vestee herein. A document recorded May 20, 2014 as Recording No. 20140520000669 of Official Records provides that the above document was subordinated to the document recorded May 20, 2014 as Recording Nos, 20140520000663 and 20140520000666 of Official Records, 12. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Richard and Partners, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Amerltrust CDC Trustee: First American Title Insurance Company Amount: $2,585,000.00 B Recorded: August 07, 2014 Recording Information: 20140807001486 According to the public records, the beneficial interest under the deed of trust was assigned to U.S. Small Buslness Administration by assignment recorded August 07, 2014 as 20140807001678 of official records, ,9.tAmerfcan Title Farm No.106&2 commitment No.;4209-2148756 ALTA Plain Language Commitrnent Page 7 or 12 13. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Richard and Partners, LLC, a Washington limited liability company Assignee: Amedtrust CDC,a Washington nonprofit corporation Recorded: August 07, 2014 Recording lnformatlon: 20140807001679 14. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Amedtrust CDC, a Washington nonprofit corporation Assignee: U.S. Small Business Administration Recorded: August 07, 2014 Recording Information: 20140807001786 A document recorded August 07, 2014 as 20140807001787 of Official Records provides that the u Ilen or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded August 07, 2014 as 20140807001186 of official records . 15. Thlyd Party Lender Agreement and the terms and conditions thereof: Between: East West Bank And: Ameritrust CDC,("CDC') Recording Information: 20140807001788 16, Evidence of the authorlty of the indivldual(s) to execute the forthcoming document for Richard and Partners, LLC, a Washington Limited Liability Company, copies of the current operating agreement should be submitted 2r10r t0 dosing. 17. Unrecorded leasehDids,If any, rights of vendors and security agreement on personal property and rights of tenants,and secured parties to remove trade fixtures at the expiration of the term. 18. Terms,covenants,conditions,restrictions as contained In recorded Lot Line Adjustment (Boundary Line Revision)LL-87-2 Recorded: February 18, 1987 Recording Information: 8702180897 19, Environmental Mitigation Agreement and the terms and conditions thereof: Between: Clty of Kent,a municipal corporation And: Charles B Harris III and Deborah 7, Harris, husband and wife, their heirs,successors and assigns Recording Information: 8702180898 and 8702180899 20. The terms and provisions contained in the document entitled "Agreement' Recorded: February 23, 1987 Recording No.: 8702230119 21, Easement, including terms and provisions contained therein: Recording Information: 870223CI20 In Favor of: City of Kent, a municipal corporation of King County, State of Washington For: Utilities and street lighting 3 FirsCAmerican Tt/e � 6 I Form No,065-2 Commitment No.:4 20 9-21497 5 6 ALTA Plain Language Commlhnent Page 6 of 12 22. Easement, including terms and provisions contained therein: Recorded: June 15, 1987 Recording Information: 8705150885 In Favor Of: Puget Sound Energy,Inc,, a Washington corporation For: Electric transmission and/or distribution system 23. Easement, Including terms and provislons contained therein: Recording Information: 8708200259 In Favor of: City of Kent, a municipal corporation of King County, State of Washington For: Sanitary sewer 24. Easement,including terms and provisions contained therein: Recording Information: 9505261020 In Favor of: Michael A. Carpinito and Patsy J. Carpinito, husband and wife; and Daniel J. Carpinito and Carol A. Carpinito, husband and wife For: Public and private emergency vehicle Ingress and egress and for Installation and maintenance of one water main extension for fire protection purposes and connectlon to one fire hydrant 25. Easement, including terms and provisions contained therein: Recording Information: 9505261021 In Favor of: Charles B. Harris, III and Deborah J. Harris, husband and wife For: Installation and maintenance of landscaping 26. Easement,including terms and provisions contained therein: Recording Information: 9506120668 In Favor of: Michael A. Carpinito and Patsy J. Carpinito, husband and wife; and Daniel J. Carpinito and Carol A. Carpinito, husband and wife For: Underground storm drain and catch basin 27. The terms and provisions contained In the document entitled "Assignment and Assumption of Contracts,Warranties and Liabilities and Intangible Property" Recorded: August 27, 2004 Recording No.: 20040827002088 28. The terms and provisions contained in the document entitled "Assignment and Assumption of Contracts, Warranties and Liabilities and Intangible Property" Recorded: August 27, 2004 Recording No.: 20040827002089 29. The terms and provisions contained in the document entitled "Limited Use Permit" Recorded: August30, 2004 Recording No.: 20040830001488 A document recorded November 30, 2004 as Recording No. 20041130002754 of Official Records provides that the interest of the easement holder was transferred to State Bank of India, Los Angeles Agency. I I FiiSfAmencan Tice Form No.1069-2 Commltrnenr No.;4209-2142756 ALTA Plain Language Commitrnent Page 9 of 12 ENF0RMATI0NAL NOTES A. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.56 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located In Snohomish County may be subject to the Icing County Sewage Treatment Capacity Charges. 8. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, certain format and content requirements must be met (refer to ROW 65.04.045). Failure to comply may result In rejection of the document by the recorder or additional fees being charged, subject to the Auditor's discretion. C. Any sketch attached hereto is done so as a courtesy only and Is not part of any title commitment or policy. It Is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon It. D, The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s)to be Insured. PTN LOT 1, SHINN'S CLOVERDALE ADD. TO THE CITY OF KENT, VOL. 6, P. 52, KING COUNTY, AKA LOT 1, LLA NO. LL-87-2, REC. 8702180897 APN: 775780-0010-01 j I E. The following deeds affecting the property herein described have been recorded within 72 months of the effective date of this commitment: 20140520000662 F, Our examination discloses that the vestee herein does DOES NOT own contiguous property. G, Name and address of current taxpayer according to the King County Assessors record are: Richard&Partners LLC 23318 84th Ave S Kent We,98032 H. The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 20140520000662. Property Address: 22318 84th Ave 5, Kent, WA 98032 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. j 7 FlrstAmerioun title � Form No.1068-2 ComnrNnent No.:4209-2148756 ALTA Plaln Language Commitment Page 10 of 12 CONDITIONS1. DEFIN%TIONS - (a)"Mortgage" means mortgage, deed of trust or other security Instrument. (b)"Public Records' means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section H may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS - If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you ]mew of this information and did not tell us about it in writing. i 4, LIMITATION OF OUR LIABILITY Our only obllgatlon is to issue to you the Policy referred to In this Commitment, when you have met its Requirements. If we have any liability to you for any loss you Incur because of an error In this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted In good faith to: comply with the Requirements shown in Schedule B-Section I or eliminate with our written consent any Exceptions shown in Schedule B-Section II. We shall not be liable for more than the Policy Amount shown In Schedule A pf this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASTED ON THIS COMMITMENT - Any claim, whether or not based on negligence, which you may have agalnst us concerning the title to the land must be based on this commitment and is subject to its terms. cc: City of Kent cc: Richard & Partners LLC I f I FirstAmencaa Title I I Farm No,1068-2 Commitment No.:420 9-21497 5 6 ALTA Plaln Language Commitment Page 11 of 12 vkr sa. rnv,ava FirsEAmerican Mfelnsurance Company IV w• 818 Stewart St,Ste 800 Seattle,WA 98101 .r, PRn-(206)728-DIDD (800)B26-7718 Fax- II �F57`f),I1}8Fdfi217 IJYPi � Prlvaw Iufg cutten We Are Committed t.5afeguarbut,customer Iufmm it In older to better serve your needs now and In the fuWre,we may ask you to provide,us with origin Infolmatlon.We undendmmE Mat you may be concerned about what we will do with such inrmarl-particularly any bacterial or finandal Informatlon.We apre_that you have a right to Wrava how we will uhllae IN Iparldrul Inflaccu n you provide to us.Therefore,together Who our ,siding.we have coa l this Privacy Pollry to govwn the use and handling of your personal Information. Applicability this prpsacy Pollry 9wems oar out Of the had-boo hh that you movie.to,on.It dots not pars m be mamwr m which we may use information we have abled ed from any other sauna,earth at 5neurnaldan deduced foam a pu?dlc around au from anollll person rN G4hy.First American has aide cl aned kmader gulaellnes Ihpt gavxm out use of p agurn i Information regatdulds Of ft smmm, Fret Arnaricen.9,these g,Idbl[n.Its Farr Information Values. Types of Information Depending upon Mflah of our amlors you arc utllluful the types or curl personal Northumbrian that we may collect lydudd, Information we lxe al farm you un applications,farms and to Other communtatlons to us,whether In wrong,In person,by telephone or any oM or means Information alwrot your do msanal whh us,our beer"oompanrr,or oUl and Information we recede from a consumer reporting agency. use of Information We poll Informal foam you for Our owns fOrM data bu troll durpmaas and,of for the banept of any nonallikowd pdety'.Tlwdetare,wh wh1 ret afleaso.your dhlbdnmhun to harfhllpiad partied mueplc(1)as armsaay for as to outride rim product Or striae you leave rnlrM.xix:d"too;oc fr9 as'prrm'Iliva Cry law Wv maµ footman,thre such kdurmallm IndalhulMly,Imcudnng the p-,M door will any cvII rcdaaomlclp but Pound.SUrh IrvIiNAwlfan may ho wall of,way tndmAl founder,such as clearly=ad croll ar euatpnpyranalpfid,We Inmy also prmMde all nP Via'tydrus of re"'bllla porsamnl latermal rob III degreeA one 0,more 0out hiflllMed wmpal Soon a egintad cemi dlles Include III seurkle prOVII such 6t two liasnrars'properly and cateUly Icom.rz end(rust and'toou memtl adukmy rompanks,Or rmwpanir buck rd Ia real bober uervI.,soul.as gothal companies,ham.warmmy,rampaniex and escrow aampaniux,parthamnome, Wb tray ako prtwbWy,pit the InrmeYibn we called,as described aGnve,to rmhrpandm that paufann Iovirec rag sensor,On tlr Ill nn hzhalf ar am mdiful On mnrht or to Oil IlnaucC3a1 Insliltdons wMh Whome tau or our afhrl companies have joint marlretiog agn>GmrsRe Former customers Even If you are no loner our customer,our Ill.,Pollry will continue 0 appty Im you. 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There are Ames,however,when we may need bficrmatto from yen,about as your name and caught oref fer,Wham blparmagmn it headed,we will uto our heat ernme, U let you know N the ban,of cadmium bw we will use the pemoaai Infmnrofel thmally,the penvnd khoodo llub we collet Is ls,ad only by us In respond to your Inquiry,pracexs an Order or dead you rib access subsol 9rsoo v"alhe Informal if you coaaae to share MW primal Infemnad(ea.with on,wa will only use it In aaardame whh the pollcles outhroof above Uusmass Relalfonthlps nrst American Fla lCoryuohobrrshe and as affilatas'sitm may cootain links to Other Web sites.Wh4ewe by th link oniyto sites that share our high dandalds and rasped fir privacy,we are not res ruble for the content or the jol pracbcr employed by other sites. brain. Some of First Amerl Web sites may make use m"backie torhnology to measure site audi and to customhe Information to your nOb.bal users.A rookie Is an element Of call Mat a Web site Can frVd to your browser,Mulch may,gran scene be taekdb on your hold ddve- flUMUUt6Wd saes Proud cuekles.The goal or cols IcahrgpogY 6 m better some You when vlsrng our sloe,save you time when you are here and to provide you won a more meaningful and pmdurMe Web site asparlenre. Farr Information Values Fairness We conslder mmvme,r r,pectatlons about Merr prAsm,,In all our businesses.We only offer pmductsand services that assure a Moore,balance between consumer remelts and rnnsumer pdvary. Pulalic record We believe that an all public record creates signori value for society,somm as ronsumar None and create eomumer op, orlby.WC actively ,pp ma,open public record and rnphdxbe 1w lm�ppnd,snO.nn4 eunlrlbutkn do scan xCarinmy.. Floe,We fellow,we shculvtl ddeavC snsµpmsiUly when sv+.scam lrrfmrnalban abort a consuman Older Mohacs,We will baby oho laws ppOrsrming the cathartic."let Ord dlssemimal or data. Acclul We 140 tape reasonable snit to 10...me aarnmaey of the dal Iva rePet,Or.and diturn note.Where posslbder we tdil I'pha memoroode daps to wearer,Bhaahe't,Information. When,as wlib the public record,we argot correct recall Information,we W13 take all reasonable steps to asslst consumers In identifying the mend Of the erroneous data so blot me Consume con scarce the re9rqud wmaellom. oduonal We end ewer I rdwvle Me users of Our products and eevlfes,our employees and omen In our Industry about be Importance of consumer phvacy.We wilt brood our employees on Our fair Infatuation waters grid on be mmu.sible Protocol and use or data.We will abr➢me,Oma a 1,cur IndrlSby to aolleat and use Information In a corpnntlbe manner. Seca dty We will maintain appropriate bull as anit sydrns he protect.901 unaulllorhad access to and corupdon of be data we malndln, I Farm 50-PRIVACY(9/l/10) Page 1 of 1 PrlYdty Information(2001-2010 Flet American Financial Corporation) II Fi t,lmericbo Tice � I r Form No.1068-2 Commitment No.:420g-2146756 ALTA Plain Language Commitment Page 12 of 12 1 AiR.97TAIVEF ICAINTME%N."sURAANCEEDSP1gPANY E�chibit"A" Vested Owner: RICHARD AND PARTNERS, LLC,A WASHINGTON LIMITED LIABILITY COMPANY I Real property In the County of King,State of Washington,described as follows: LOT 1 OF SHINN'S CLOVERDALE ADDITION TO THE CITY OF KENT,AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THE WEST 12 FEET THEREOF CONVEYED TO THE CITY OF KENT FDR 84TH AVE. SOUTH BY DEEDS RECORDED OCTOBER 24,1972 UNDER RECORDING NOS. 7210240044, 7210240045 AND 7210240046; AND EXCEPTTHAT PORTION CONVEYED TO THE CITY OF KENT BY INSTRUMENT RECORDED FEBRUARY 13, 1937 UNDER RECORDING NO. 8702130064; (ALSO KNOW AS LOT 1 OF LOT LINE ADJUSTMENT NO. LL-87-2, RECORDED FEBRUARY 18, 1987 UNDER KING COUNTY RECORDING NO. 8702180B97). Tax Parcel Number: 775780-OD10-01 Sltus Address: 22318 84th Ave S, Kent,WA 98032 I g I I FiratAmedcan Tithe EXHIBIT �I f TEMPORARY CONSTRUCTION EASEMENT THAT PORTIO N OF LOT 1 SHINN S CLOERD LE D V A ADDITION O N T KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 11.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 10.20 FEET; THENCE S89037'25"W 304.13 FEET; THENCE S00022'35"E 15.00 FEET; THENCE N89037'25"E 230.51 FEET; THENCE N88001'12"E 51.91 FEET; THENCE N80053'06"E 22.02 FEET TO THE POINT OF BEGINNING, CONTAINING 4,457 SQUARE FEET, MORE OR LESS. 0 :nsaxrrs: Qa Wary ? . •"•. sa9® 1�A,AL I ffiRfi7Sa I 0 i I S.W. IL u. 07 T. 22 Pal R. 05 � I EXIST PROPERTY LINE aware rmc viruswwurw AIM riaalwr \ 12ER ` N . J \ y `R.. .. .........s�v.......... ............gym........ l PW2013®9Cf(9 U S1611 E T.L. 77578000?0 RICHARD x . PROPOSED lAr�e`Rf.. ,$�. ....�_.,_... `• .^.-" "� � 1�' EC�y0S JNO STONAf a _ '—QRXpIN/IGC�A5E'Y:�IfNF �TE'SMI' AREA INSIDE AREA TO BE DEEDED ESMT, AREA OUTSIDE EN:5 3,529 SQ F-I' ^^'^"" 3,352 SP.} FT 6,660 SD FT EXIST RZV - -- EXIST.R/W F�nJ�r ly O EIG R A WAY WER / S 224TH ST• PROPOSE TEMP coNST �. ESMT FlR.p = 4,457 SO FT LOTkl / PROPERTY ..._... IMPORTANT:This is not a Survey.It is furnished as a convenience to locate ACQUISITION the land indicated hereon with reference to streets and other land.No ,,..- lability is assumed by reason of reliance hereon. PROPERTY VACATION TEMP CONST ESMT RAMADA INN PARTIAL TAKE 775790-0010 ENGINFFRING 1 PARTAIENT ..ATE.SCAL.. QrJ/2080 —. - �16� — I� _._.. C7 K.". D C' B I i EXHIBIT FEE TO RICHARDS & PARTNERS THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036137"W 11.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 53.81 FEET TO THE NORTH LINE OF THAT LAND DEDICATED TO THE CITY OF KENTAS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE S80009'26"W 308.15 FEET; THENCE S00022'35"E 7.92 FEET; THENCE N89137'25"E 230.51 FEET; THENCE NBSOD1`12"E S1.91 FEET; THENCE N80053'06"E 22.02 FEET TO THE POINT OF BEGINNING. CONTAINING 10,012 SQUARE FEET, MORE OR LESS. CYY£Su^.i�5 In Form 34 C4opyright 2010 Addendum/Amendment to P&S Northwest Multiple LIS11119 Se Nice Rod,Addendum/Amendment ALL RIGHTS RE'Si RVt rD Page 1 of 1 ADDENDUM I AMENDMENT TO PURCHASE AND SALE AGREEMENT The following Is part of the Purchase and Sale Agreement dated December 22, 2015 1 between GI4y of Kent e_ ("Buyer')2 saran sown and Rrehard&Pa triers LLO _ .__.._. ("Seller)3 concerning ��n Avenua Saut4t,4(erit WA I<inc courutyor+rcel No 77aJ'SO-0010 - (the"Property").4 M4.,n LiYy M.I. 12ip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 6 Amend Section 9 as follows: 7 Section 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING 8 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by April 15, 2016, or sooner, which shall also be the termination 12 13 date of this Agreement, unless said Closing date is extended In writing by 14 mutual agreement of the parties. When notified, the Buyer and Seller will 1516 deposit, without delay, in escrow with First American Title and Escrow 17 1s (Escrow Agent), all instruments and monies required to complete the 19 20 transaction in accordance with this Agreement. Closing for the purpose of 21 this Agreement, is defined as the date that all documents are executed 2223 and the sale proceeds are available for disbursement to the Seller. 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged 31 I t 2 _ l��jzo(G _ _ t�..e. 6uyefs Initlels — Date Buyers Initials� Date 3aller's IniUl & Date Seller's Initials Date .a. ' . . : n f ... . ....� ._ , Fon 34 Wopyright 2e10 Addendu,niftendmsnt to PSS Northwest MuAdpla Usting Senica Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT. The following is part of the Purchase and Sale Agreement dated December 22,2015 and the First Addendum dated February 28,2015. 1 between Gily of Kent (".Buyer")2 avya, auyu and Richard 8 Fanners LLC ("Sellei")3 swm bu.. .concerning 22318 84"Avenue South, Kent 'WA KirIg Cou DarrelNo.? ➢ O-0010. .. (the"Propert)1'.).4 mda��. Cary srmA ziP IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 6 Amend Section 9 as follows-- 7 Section 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING 8 s THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by Aprtl- ;21 M y 31.211.6 or sooner, which shall also be the 12 13 termination date of this Agreement, unless said Closing date is extended 14 in writing by mutual agreement of the parties. hen notified, the Buyer 16 W 16 and Seller will deposit, without delay, in escrow with First American Title 1a 18 and Escrow (Escrow Agent), all Instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 20 21 the purpose of this Agreement, is defined as the date that all documents 22 28 are executed and the sale proceeds are available for disbursement to the 24 25 Seller. 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged 31 'c gate InI1 a@s Data Salta a In tiers Dale Buyers Initials Date Boiler's InWals Date Form 34 ©Copyright 2010 AddendumlAmendment to P&S Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM 1 AMENDMENT TO PURCHASE AND SALE AGREEMENT The following Is part of the Purchase and Sale Agreement dated December 22,2015,the First Addendum dated February 28,2016, and the Second Addendum dated April 11, 2016, 1 between City of Kent ("Buyer')2 Buyer Buyer and Richard& Partners, LLC ("Seller')3 sere^ Seller concerning 23y" 1,8 W ayenue South Ken) WA King county parcel No.775780-0010 (the"Property").4 A"li,sl City sible zo IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 9 is hereby replaced as follows: 6 7 Section 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING 8 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 dosed by August 30, 2016, or sooner, which shall also be the termination 12 date of this Agreement, unless said Closing date Is extended in writing by 13 14 mutual agreement of the parties, When notified, the Buyer and Seller will 15 15 deposit, without delay, in escrow with First American Title and Escrow 17 18 (Escrow Agent), all instruments and monies required to complete the 19 transaction in accordance with this Agreement. Closing for the purpose of 20 21 this Agreement, is defined as the date that all documents are executed 22 23 and the sale proceeds are available for disbursement to the Seller. 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged fin. aoyes Ill�( psl1 1�16 DatelrtPlis .he s Initials Date Selersnas Form 34 ®Copy6ght2010 Addendum/Amendment to P&S NorthwastMultlple Llsting Safvlce Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 FOURTH ADDENDUM'IAMENDMENT TO PURCHASE AND BALE AGREEMENT The following is part of the Purchase and Seale Agreement dated December 22,201 S.the First Addendum dated February 28,201e,the Second Addendum dated April 11,2016, and the Third Addendum dated May 20,2016 between City,of Lent ("Buyer')2 ewer ewes and Richard$k PartnerG I t C ("Selter")3 300, SOW conoeming 3 8 4"Avenue,South, Kent,WA Kin county arcel No. 775760-00 (the"Property").4 Address uny slat¢ Mp IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 9 is hereby replaced as follows: 6 7 Section 4. CLOSING OF THE SALE. WITH THE UNDERSTANDING e 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by December 30, 2016, or sooner, which shall also be the 12 13 termination date of this Agreement, unless said Closing date is extended 14 in writing by mutual agreement of the parties. When notified, the Buyer 15 16 and Seller will deposit, without delay, in escrow with First American Title 17 18 and Escrow (Escrow Agent), all instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 211 the purpose of this Agreement, is defined as the date that all documents 22 23 are executed and the sale proceeds are available for disbursement to the 24 25 Seller. 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged 68ts 31 Buyersinkials Buyers Initlels Date Sellersdnitlals Date Sellars Initials Date Form 34 ©Copyrighl 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 FIFTH ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 22,2015,the First Addendunrl dated February 28, 2016, the Second Addendum dated April 11, 2016, the Third Addendum dated May 20, 2016, and the Fourth Addendum dated August 26, 2016. between _City of Kent ("Buyer')2 Buyer auyx and Righard& Partners LLC ("Seller")3 sauersulsx concerning 22318 84°h Avenue Sow% Kent, WA King county parcel No. 775780-001,0 (the"Property"),4 Addrm erry emo lid IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 9 is hereby replaced as follows: 6 7 Section 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING 6 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by January 30, 2017, or sooner, which shall also be the 12 termination date of this Agreement, unless said Closing date is extended 13 14 in writing by mutual agreement of the parties. When notified, the Buyer 15 16 and Seller will deposit, without delay, in escrow with First American Title 17 18 and Escrow (Escrow Agent), all instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 20 21 the purpose of this Agreement, is defined as the date that all documents 22 23 are executed and the sale proceeds are available for disbursement to the 24 Seller. 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged 31 Buyers Initlals Dale Buyer's Initials Date Sellers Initials Date Seller's Initials Date e I I REAL ESTATE PURCHASE AND :SALE AGREEMENT I l This Agreement is entered between the CITY OF KENT, a Washington municipal corporation, authorized by the Kent City Council on November 17, 2015 ("Seller"), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and Richard & Partners, LLC ("Buyer"), whose mailing address is 2340 130th Avenue Northeast, #D202, Bellevue, WA 98005, for the sale and purchase of real property as follows; &. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Vacant Land, adjacent and contiguous to Tax Parcel Number 775780-0010, located at 841h and 224" Street, Kent (the "Property"). The Property is legally described in Exhibit "A" and is generally depicted in Exhibit "A-I," attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE, The total purchase price for the Property is Ninety Nine Thousand Seven Hundred Dollars and NO/100ths ($99,700.00). 3, CONTINGENCIES. Closing will be simultaneous with, and specifically contingent upon, Closing of the sale of certain Richard & Partners, LLC Property, legally described in Exhibits "C,""D" and "fE," attached hereto. I I 4. BUYER'S WAIVER OF DISCLOSURE STATEMENT. Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. By executing this agreement, Buyer hereby expressly and knowingly waives that right, V pursuant to RCW 64.06,013. Seller affirms that no answer to any of the questions in the section entitled "Environmental" in the Seller Disclosure Statement would be ayes.,. I S. CONVEYANCE AND CONDIITSON OF TETLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Bargain and Sale Deed, free and;'',clear of all liens, encumbrances or defects except those described in Title Buyers 1nftfals ``- Seller's Pn/¢FafG, _ " Seller's%nWals Real Estate Purchase and Sale Agreement Page I of :. �l M Report # 7 2 — � GrC1✓ C) described in [ xhliibit "S," 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 E)chibit '%" other than those specifically noted above, are to be removed on or before Closing. 6. 717LlE INSURANCE.E. At Closing, Buyer shall cause First American Title and Escrow (Title 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 elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. i 7. CLOSING COSTS AND PRO-RATIONS. The Seller shall pay the escrow fee. Seller shall pay for recording costs of deed, Standard Owners 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. CLOSING OF THE SALE, WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by February 29, 2015 or sooner, 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 i notified, the Buyer and Seller will deposit, without delay, in escrow with First American Title and Escrow (Escrow Agent), all instruments and monies required to complete the transaction in accordance with this Agreement. Closing for the Buyer's%nitiah .yh: Y .Seller's X'nitla16—P Seller's%nifials Real Estate Purchase and Sale Agreement Page 2 of 6 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. 9. 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. M IP®SuESSHO 9. Buyer shall be entitled to possession on Closing. 11. SELLEWS REPRESS 9TAXXONS. Seller represents: I (a) that Seller will maintain the Property in present or better condition until time of agreed possession; 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. a 12, DEFAULT AND A7TORMEY'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 the Four Thousand Five Hundred Dollars and No/100ths ($4,500.00). 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. Gul/er's%niHals_1W1111� .Seller's Seller-5%n&als Real Estate Purchase and Sale Agreement Page 3 of 6 13� NOTECE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. Seller 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 Buyer enters Into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. BUYER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 24. 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, 15. 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: (a) All notices to be given to Buyer shall be addressed as follows: Richard & Partners, LLC Moon Kim and Sun )a Kim Aue N Ia a 9 3 i �0" F /// 4 swirl 8q@�y oo.Ocum 6,4 y 425-367-9169 All notices to be given to Seller shall be addressed as follows: Attn: Ingrid Willms-Dixon City of Kent 220 Fourth Avenue South Kent, WA 98032 idixon@I(entwa.gov 253-856-5519 (b) All notices to be given to Escrow Agent shall be addressed as follows: Cher) Balcos First American Title Insurance Company u Bayer's xni¢ials x&_' Seller's FniYial � Seller's%nptia/S� Real Estate Purchase and Sale Agreement Page 4 of 6 I , 555 South Renton Village Place, #760 Renton, WA 98057 cbakos@firstam.com 425-873-1680 V Either party hereto may, by written notice to the other, designate such other V 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. 715. CET1f COUNCIL ACTION REQUIRED. Buyer acknowledges that the 1 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 Buyer 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. 16.1 Buyer's Waiver. Buyer 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 Buyer incurs as a result of the City Council's failure to grant the Council Authorization. 17. ENTIRE PAG64ElEMEMT, This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have A been no verbal or other agreements that modify this Agreement. IS. BSNDIING, [AFFECT 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 transactlon. �p / Buyer's dnftfals lv C Seller's lnitials— seller's%nielals Real Estate Purchase and Sale Agreement Page 5 of 6 i f i i I i 19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 20. EXPIRATION CE OFFER. Buyer shall have only until 5:00 pm on December 11, 2015, to accept the Agreement as written, by delivering a signed copy thereof to the Seller or Seller's agent. If Buyer does not so deliver a signed V copy within said period, this Agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date set forth below. SELLER: CITY ®� By: G u et e Cooke Its: a or Dated: BUYER: IRICHAI,R�D ElARTNERSr t C By. r J By. Its: c>r�9.....,_�- v Its: Dated: r: _,f C7 Yc ✓.t'� Dated;__ 1 1 i Buyer's Xnitlals C Seller's 8nitlal .Seller's rnitlals Real Estate Purchase and Sale Agreement Page 6 of 6 EXHIBIT FEE TO RICHARDS &PARTNERS THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THCREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 11.68 FEET TO THE TRUE POINT OF OEGIINN2MG; THENCE CONTINUING N00036'37"W 53.81 FEET TO THE NORTH LINE OF THAT LAND DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE S8D°09'26"W 308.15 FEET; THENCE SDO022'35"E 7.92 FEET; THENCE N89037'25"E 230.51 FEET; THENCE N88001'12"E 51.91 FEET; THENCE N80153'06"E 22.02 FEET TO THE POINT OF BEGINNING. CONTAINING 10,012 SQUARE FEET, MORE OR LESS. i a � m i Id t5 z " o O Y � �am� �'•mo Q'S¢ i LL �5��rh5p�p�p���N�rtQl o• II G� MolOm 0111 � SS�SmSm o ' W zzv�mzzz i � I NN {... {f 71 JJ9JJIIff11 5J n WN I Y� h 9Q V D z S kc) SY W yOj �Oy O? yUNzQ W .I 2 Z WR ZZ Q s o u. SQ ct mz Go g a8;2 O N 6m z WgN}2 G S"7 FZ2WwSWU � I „�, �•n,,� FirsPAmerican Title dnsurancn Company T* d. 818 Stewart St,Ste B00 k'..'3 ns e.d�'ica n Seattle,WA 96101 Phn-(206)728-0400 (800)826-7718 gg Fax- King County Title Team 818 Stewart St,Ste, 800,Seattle,WA 98101 Fax No. (866) 904-2177 Fax No. (866) 561-3729 EMAIL: TITLEKINGWA@firstam.c®m Pat Fullerton (206) 615-3055 Kelly Cornwall (206) 336-0725 3ennifer Sales (206) 615-3011 Peter Child (206) 336-0726 Kathy J, Turner (206) 336-0724 Curtis Goodman (206) 615-3069 Municipality Title Officer To: City of Kent Design Engineering File No.: 4209-1960000 220 4th Avenue S Your Ref No.: Kent,WA 98032 Attn: Ingrid Willms-Dixon Re: Property Address: , Kent,WA COMMITMENT FOR TITLE INSURANCE Issued by EI STAYthERICA N TITLEIlNS'UR.4NCE COMPAAfV Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown In this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy Is Issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions In Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment Is not valid without Schedule A and Section I and II of Schedule e, Fhat,4meacan Title I Form No.1069-2 Commitment No.:4209-1960000 ALTA Plain Language Commitment Page 2 of 9 FirstAmerican Title Xnsurance Company 4 Curtis Goodman, Title Officer First American Title Form No,1068-2 Commltment No.:4209-1960000 ALTA Plain Language Co nmltment page 3 of 9 SCHEDULE A 1. Commitment Date: December 09, 2015 at 7:30 AX 2. Policy or Policies to be issued; AMOUNT PREMIUM TAX General Schedule Rate Standard Owner's Policy $ 99,700.00 $ 600.00 $ 57.60 Proposed Insured: Richard and Partners, U-C, a Washington limited liability company 3. (A) The estate or Interest in the land described in this Commitment Is: Fee Simple (B) Title to said estate or interest at the date hereof is vested In: City of Kent,a municipal corporation 4. The land referred to In this Commitment Is described as follows: Real property in the County of King, State of Washington,described as follows: The land referred to In this report Is described in Exhibit A attached hereto. First Ammd n Trt/e Form No.1D69-2 Cnmmltment No.:4209-1960000 ALTA Plain Language Commihnent Page 9 of 9 SCHEDULEB SECTION I REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest In the land and/or the mortgage to be insured, (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest In the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to In this Commitment who will get an interest In the land or who will make a loan on the land, We may then make additional requirements or exceptions. (E) Releases(s)or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following Information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULEB SECTION II GENERAL EXCEPTIONS PART ONE: A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real property or by the public records. B. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, Imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water,garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, f rst appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. FirstAmerlcan Trfle Form No.1066-2 Commitment No.:4209-1960000 ALTA Plaln Language Commitment Page 5 of 9 SCHEDULE B SECTION II EXCEPTIONS PART TWO: Any policy we Issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 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 to assessments for General Taxes and/or Special Taxes and Charges. Said property is not presently carried or being taxed on the tax rolls. 3. Satisfactory showing of authorization for the proposed conveyance by City of Kent, a municipal corporation, In accordance with applicable statutes must be submitted. 4. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of Shinn's Cloverdale Addition to Kent recorded In Volume 6 of Plats. Paae(s1 52, 5. Easements for utilities over and across said premises currently owned by the City of Kent, per Quit Claim Deed recorded under recording number 8702130064, if any such exists. u r flrstAmerlcan Tifle I Form No.1066-2 CDmmltment No.;4209-1960000 ALTA Plain Language CommRment Page 6 of 9 r INFORMATIONAL NOTES A. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28,84.050, Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment Capacity Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, certain format and content requirements must be met (refer to RCW 65,04.045). Failure to comply may result in rejection of the document by the recorder or additional fees being charged, subject to the Auditor's discretion. C. Any sketch attached hereto is done so as a courtesy only and Is not part of any title commitment or policy. It Is furnished solely for the purpose of assisting In locating the premises and First American expressly disclaims any liability which may result from reliance made upon It. D. The description can be abbreviated as suggested below If necessary to meet standardization requirements. The full text of the description must appear In the document(s)to be Insured. PITY LOT 1, SHINN'S CLOVERDALE ADD. TO KENT, VOL,. G P. 52, KING COUNTY E. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: NONE Property Address: , Kent, WA NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. II` i Frrst Amerti:&n Title Farm No.1069-2 Commitment No,:4209-1960000 ALTA Plain Language Commitment Page 7 of 9 CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security Instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land Is located. 2. LATER DEFECTS The Exceptions In Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown In Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing, 4. LIMITATION OF OUR LIABILITY Our only obligation is to Issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our (lability will be limited to your actual lass caused by your relying on this Commitment when you acted In good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability Is subject to the terms of the Policy form to be Issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: Richard &Partners, LLC cc: City of Kent Fl tAmetfcan Tele Form No.1066-2 Commitment No.:4209-1960000 ALTA Plain Language Commitment Page a of 9 FirstAmerican Title Insurance Company t '.. 818 Stewart St,Ste BOO . girt Seattle,WA 9B101 ir<' Phn-(206)728-0400 (B00)B26-7718 Fax- First American Title Privary,Information We Are Committed to S.Propmrding Costumer Information 1n order to Inner serve your Reads new and In we future,we may ask you 0 p oft e us who camon information.We understand that you may be cmacemad about Ali we will do with such Inferrord n-particularly on precursor an flu me@al information,We alone Ihat you have aright to&now flow we will iri me pngenal Infnrmation you p..If➢e to us.Therefore,together with or subsldieniaF wer have aduplad this Wrkracy party to turnaround use and handifo g or auf personal Innorafad1ap. 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Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Infonnatlon(2001-2010 First American Financial Corporation) I 0 First American Title Form No.1069-2 Cool,nitment No.:4209-1960000 ALTA Plaln Language Commltment Page 9 of 9 EIRSTAMERICAM TITLEIYUSVRANCE COMPANY Exhibit"A" Vested Owner: City of Kent, a municipal corporation Real property In the County of King, State of Washington, described as follows: THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY,WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,'TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 NORTH 89039'33" EAST 612.95 FEET, THENCE NORTH 00036'37" WEST 11.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00036'37" WEST 53.81 FEET TO THE NORTH LINE OF THAT LAND DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 6702130064; THENCE ALONG SAID NORTH LINE SOUTH 80009'26"WEST 308,15 FEET; THENCE SOUTH 00022'35" EAST 7.92 FEET; THENCE NORTH 89037'25" EAST 230,51 FEET; THENCE NORTH 88001'12" EAST 51.91 FEET; THENCE NORTH 80053'06" EAST 22.02 FEET TO THE POINT OF BEGINNING. Tax Parcel Number: Sltus Address: , Kent, WA h7rsfAmellcan Title i I EXHIBIT Cs� FEE TO CITY OF KENT T.L. 7757800010 FATCO #4209-2148756 THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89°39`33"E 612.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00036'37"W 231.86 FEET TO A POINT ON A LINE THAT IS 26 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE N89038'54"E 79.77 FEET TO THE EAST LINE OF THE WEST 685 FEET OF SAID LOT 1; THENCE ALONG M SAID EAST LINE N01014'02"E 26.01FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. EXCEPT THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064 i CONTAINING 30,632 SQUARE FEET, MORE OR LESS. i g �04 WAA am�a .�J I i i I EXHIBIT INGRESS, EGRESS, & STORM EASEMENT THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 30.29 FEET TO THE TRUE fPOENT OF BEGIbalNZNG; THENCE CONTINUING N00"36'37"W 20.00 FEET; THENCE N88041'27"W 329.12 FEET; THENCE SOO°22'35"E 32.53 FEET TO THE NORTH LINE OF THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE N87a40'56"E 13.31 FEET; THENCE N80009'26"E 11.86 FEET; THENCE LEAVING SAID NORTH LINE N00122'35"W 10.54 FEET; THENCE N88041'27"E 304.14 FEET TO THE POINT OF BEGINNING. CONTAINING 6,881 SQUARE FEET, MORE OR.LESS. ' ,6 WA . 3 3 /335 a i i 0 EXHIBIT t TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 11.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 10.20 FEET; THENCE S89037'25"W 304.13 FEET; THENCE S00022'35"E 15.00 FEET; THENCE N89037'25"E 230.51 FEET; THENCE N88°OI'12"E 51.91 FEET; THENCE N80053'06"E 22.02 FEET TO THE POINT DF BEGINNING. CONTAINING 4,457 SQUARE FEET, MORE OR LESS. L '. C6Sif1 I a d W Fomi 34 Listing AddendUm ALL /Amendment to P&S No R Ma1tlnla Listing aervice ALL R1GIi1`5 RESERVED Rev,7110 Page 1 of 1 ADDENDUM I AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 22,2015_,—„_ — -1 between _ . &uYMI ("Buyer")2 eop, and C>i of Kent {"Seller°)3 5ullw --. 8eXini concerning 8,4 a 1 ,�4 .gtrew;C Kent WA—,9�laga equI s',LY,Liag�,I,,No.775750-0010 _ (the"Property')_4 Juidevks unp stale zw� IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 6 Amend Section 8 as follows: 7 Section S. CLOSING OF THE SALE. WITH THE UNDERSTANDING 89 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by April 15, 2016, or sooner, which shall also be the termination 12 13 date of this Agreement, unless said Closing date is extended in writing by 14 mutual agreement of the parties. When notified, the Buyer and Seller will 15 1 deposit, without delay, in escrow with First American Title and Escrow 17 18 (Escrow Agent), all instruments and monies required to complete the 20 transaction in accordance with this Agreement. Closing for the purpose of 21 22 this Agreement, is defined as the date that all documents are executed 23 and the sale proceeds are available for disbursement to the Seller, 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged II 31 Buyers Initials Date Buyer's Initials bate Seller's In,lals bate sellers Initials bate poo n 34 &tcopyrlght2o10 AddendumlAmendment to f&S Nodhwest Nlulloo UsIng'Sake ..Rev.7110 ALL"RIGKTS RESERVED Page1 of 1 - SECOND ADDENDl1M.1 AMENDMENT TO PURCHASE AND SALE AGREEMENT The following Is part of the Purchase and Sale Agreement dated December 22,2015 and the First Addendum dated February 28, 2018 1 between Richard&Partners LLC (eBuyer°)2 sayer avyer and:Olt fKe t ("Selleer)9 SeOe. Senor concerning 84e and 2240 Street Kent WA—ICincl county niv�arcei No. t7878q-pglp (the"Property").4 Addcnma dly elele Zp IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Amend Section 8 as follows: 8 7 Section 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING 8 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by A#M ' ,MMp 1. 2016, or sooner, which shall also be the 12 termination date of this Agreement, unless said Closing date is extended 13 14 in writing by mutual agreement of the parties, When notified, the Buyer 95 16 and Seller will deposit, without delay, in escrow with First American Title 17 18 and Escrow (Escrow Agent), all instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 20 21 the purpose of this Agreement, is defined as the date that all documents 22 .. 23 are executed and the sale proceeds are available for disbursement to the 24 25 Seller. 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged 31 tK auyels Initials Date Buyers Initials Date alper's Initials Date sellers Initials Dame yyp� q�q� yg� r• Form 34 (§Copyright 2010 Addendum/Amendment to P&G Northwest Mulliple Listing Service Rev,7/10 ALL RIGHTS RESERVED Page 1 of 1 - SECOND ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 22, 2015, the First Addendum dated February 28, 2016, and the Second Addendum dated April 11, 2015. 1 between Richard&Partners. LLC ("Buyer")2 avyer auynr and Citv of Kent ("Seller')3 SNW, 6atler concerning 84"and 224"Street. Kent WA—Kint1 countytarcel No. 775780-0010 _ (the"Property").4 Adrosa c+ir 61010 ZP IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 8 is hereby replaced as follows: 6 7 Section S. CLOSING OF THE SALE. WITH THE UNDERSTANDING 6 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shaft be 10 11 closed by August 30, 2016, or sooner, which shall also be the termination 12 date of this Agreement, unless said Closing date is extended in writing by 13 1a mutual agreement of the parties. When notified, the Buyer and Seller will 15 16 deposit, without delay, in escrow with First American Title and Escrow 17 18 (Escrow Agent), all instruments and monies required to complete the 19 transaction in accordance with this Agreement. Closing for the purpose of 20 21 this Agreement, is defined as the date that all documents are executed 22 23 and the sale proceeds are available for disbursement to the Seller. 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF Said Agreement remain unchanged r :1 ti i iir Buyers Initials Date Buyers Initials Date Seller's Initials d f Seller's hftmis Data Form 34 WCopyright2010 Addenduro/Amendment to P&5 Northwest Multiple Listing Service Rev.VID ALL RIGHTS RESCRVED Page 1 of 1 FOURTH ADDENDUM!AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is Part of the Purchase and Sale Agreement dated December22,2015,the First Addendum dated February 28,2016, the Second Addendum dated April 11, 2015, and the Third Addendum dated May 20,201& 1 between RlchaLd&Partners,LLQ ("Buyer")2 6v , 8�ror and City gfKent_ ("Seller")3 S"Iler �� concerning 841h and 224°rest iKant WA—Kino ogunty baroel No 775780 0010 (the"Property").4 Addrhav CIty 81n1® Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 8Is herebyreplaced as follows: 8 7 Section IB. CLOSYNG OF THE SALE. WITH THE UNDERSTANDING 8 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 1D 11 closed by December 30, 2016, or sooner, which shall also be the 12 termination date of this Agreement, unless said Closing date is extended 13 14 in writing by mutual agreement of the parties. When notified, the Buyer 15 18 and Seller will deposit, without delay, In escrow with First American Title 17 18 and Escrow (Escrow Agent), all instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 211 the purpose of this Agreement, Is defined as the date that all documents 22 23 are executed and the sale proceeds are available for disbursement to the 24 25 Seller. 28 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged b (� Buyer's Initials Date Buyer's Inkiats Date Seller's Initlals Date Seller's Initials Date Form 34 OCopyright 2010 Addendum/Amendment to P&S Notihwesl Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 FIFTH ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 22, 2015, the First Addendum dated February 28, 2016, the Second Addendum dated April 11, 2016, the Third Addendum dated May 20, 2016, and the Fourth Addendum dated August 26, 2016. 1 between .Richard& Partners. LLC ��. ("Buyer")2 Buyer Buyer and Cltv of Kent ("Seller")3 j seller Seller I concerning _84'n and 224o'Street Dent.WA—King county parcel No. 775780-001.0 (the"Property").4 Adana clly stale zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Section 8 is hereby replaced as follows: 6 7 Section 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING 8 9 THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be 10 11 closed by January 30, 2017, or sooner, which shall also be the 12 termination date of this Agreement, unless said Closing date is extended 13 14 In writing by mutual agreement of the parties. When notified, the Buyer 15 16 and Seller will deposit, without delay, in escrow with First American Title 17 18 and Escrow (Escrow Agent), all instruments and monies required to 19 complete the transaction in accordance with this Agreement. Closing for 20 21 the purpose of this Agreement, is defined as the date that all documents 22 23 are executed and the sale proceeds are available for disbursement to the 24 25 Seller, 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS OF said Agreement remain unchanged ._. /z/��6 Buyer's Initials Date Buyer's Initials Date Seller's Initials ale Seller's Initials Date WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: Property Services Grantor: Richard & Partners LLC Grantee: Citv of Kent Abbreviated Legal Description: Portion of Lot 1, Shinn's Cloverdale Add to Kent. Vol. 6. DG. 52. SW 7-22-5 Additional Legal Description on: Exhibit A,,,,,m,m,m_, Assessor's Tax Parcel ID No.: Dortion of 775780-0010 Project Name:_ LID 363 -2241h St. Improvement_? 9.;3C103R, PW2013-180 QUIT CLAIM DEED R irharrl R P„a�rFnarc I I (_'. a Washington Limited Liability f--- ("Grantor") for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation, for any and all municipal purposes as Grantee ("Grantee"), all its interest, including any after acquired title, in the following described real property parcels, situated in King County, Washington. SEE EXHIBIT "A and B" ATTACHED (Under Threat of Condemnation) (Signature and Notary Acknowledgment Appears on Next Page) 11 ., ' I QUIT CLAIM DEED (Richard & Partners to City of Kent) - Page 1 of 6 Grantor: Grantor: Richard & Partners, LLC, a Richard & Partners, LLC, a Washington Limited Liability Washington Limited Liability Company Company By: By: Sign name Sign name Its: Its• Print name and capacity Print name and capacity Date• Date: QUIT CLAIM DEED (Richard & Partners to City of Kent) - Page 2 of 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the -'-' of _ _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing My appointment expires __................ APPROVED AS TO FORM: Kent Law Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that _....... _ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _._ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at __.._. My appointment expires APPROVED AS TO FORM: Kent Law Department EXHIBIT FEE TO CITY OF KENT T.L. 7757800010 FATCO #4209-2148756 k THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE h SOUTH LINE OF SAID LOT 1 N89°39'33"E 612.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE NOO°36'37"W 231.86 FEET TO A POINT ON A LINE THAT IS 26 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE N89138'54"E 79.77 FEET TO THE EAST LINE OF THE WEST 685 FEET OF SAID LOT 1; THENCE ALONG SAID EAST LINE N01014'02"E 26.01FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. EXCEPT THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064 CONTAINING 30,632 SQUARE FEET, MORE OR LESS. LEI? a: z .i.. I wI.H"tW / �? / 3 6- mnn asyy0Y� io rA F' Z YO 0 YOy 2 a- CY � ' w d g �o 3 I M r ctOv F~O $ Z 3 '� z LL w o Z Z U Q 0 0 ' a O N O z � C aw m O 0 1 26� u`� O 12 W w NOO°36'37"W-231.86' "i R I � �N Up %s rs � r� rr. a II s0 Y LL 6jy Oj w 0, op rn w Z 2� Z Y', pO N Y p p 04 j^,v io LL 6. Ji a ,y6$ rr 'L o rr� Z royo -P1 o 0 C?yY y� m = zw 6 w z F U 2 z z 0 w Z O $ pO ti� U N l m 0- 3 w � M w 0 m p w W W N ''.. z F z 2 N�LL z �Ju1Z rr a 5Opzcc � Nz cayLUxOz0 Ow ''.. aa > w ~ o0 pU om cw N M zm Ww' wo T T o:NNg O � �s mz� _ W p�whmw ��LL� ? o:oas WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: Richard & Partners. LLC Grantee: ON of Kent ............................................ Abbreviated Legal Description:___Portions of lot 1 Shinn's Cloverdale Add Vol. 6/ Po 52: SW 7-22-5E Additional Legal Description on Exhibit "A" of Document. Assessor Parcel No. 775780-0010 Project Name, 224th St. Improvements PrQject No. 99-30,03 / PW2013-180 Access and Storm Drainage Easement THIS INSTRUMENT made this day of— - —20—by and between Richards & Partners LLC a Washington Limited Liability company hereinafter called "Grantors" and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantors for and in consideration of $10.00 and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm forever unto the said Grantee, its successors and/or assigns, an easement for Ingress, Earess and Storm drainage-with necessary appurtenances, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, under, across and upon the following described property situated in King County, Washington, more particularly described as follows: Refer to Exhibit "A" attached and made a part hereto Page 1 of 4 EDCI The said Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property and immediate adjacent areas with the necessary equipment for the purposes of altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said I, nn ress, Egress and Storm DrainaQe or making any connections therewith without incurring any legal obligation or liability therefore; providing that said altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said IngLQej , Egress and Storm Drainage shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined. Under no circumstances shall any permanent structures be placed or erected on this easement. Grantor shall not change the surface grades, except as approved in advance by said Grantee, in any manner which would unreasonably interfere with ingress, egress and access by said Grantee and/or adversely affect the existing utility and/or the utility to be installed therein. This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. GRANTOR(S): GRANTOR(S): Richard & Partners, LLC Richard & Partners, LLC Sign Sign Print Name: Print Name, Ttc; Its; Date: Hate; (Notary acknowledgment on following page) Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. _......................................... (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: Kent Law Department Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of_ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) _ NOTARY PUBLIC, in and for the State of Washington, residing at _ My appointment expires Approved as to form Kent Law Department Page 4 of 4 EXHIBIT INGRESS, EGRESS, & STORM EASEMENT THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 30.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 20.00 FEET; THENCE N88141'27"W 329.12 FEET; THENCE S00022'35"E 32.53 FEET TO THE NORTH LINE OF THAT PORTION DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE N87°40'56"E 13.31 FEET; THENCE N80009'26"E 11.86 FEET; THENCE LEAVING SAID NORTH LINE N00°22'35"W 10.54 FEET; THENCE N88141'27"E 304.14 FEET TO THE POINT OF BEGINNING. CONTAINING 6,881 SQUARE FEET, MORE OR LESS. Qe'WAs� r ) z § / U) Lu 2 / { ( $ %qo k § � } IL - (/F§§§E§ U.b ƒ§§§§\)§§ ui sz§§# ' f�gg! l5�2 r. uj U( % \ � � \§ a � . \Ilk §)_ . ! § / }\LLT \ w ® zw ) w / ` ` w W 0 kiu \` § ( ) [§ !§\ § 0 k\%\//§ , < gym ; § [ 0P6ow, ƒ( ( / § §\ o °` E# l6kk E . wzi ;;` a ; #a: w24o2 � i I WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: Property Services Grantor: City of Kent Grantee: Richard & Partners. LLC Abbreviated Legal Description: Rqrtion of Lot 1 Shims nWs Cloverdale Add to Kant_ Vnl f nn, 52_ SW 7-22-5 Additional Legal Description on:mmm,mm_Fxhihif n mmm Assessor's Tax Parcel ID No.: portion of 775780-0010 Project Name:_ I Tn 3F3 -7741h St, Tmnrnvament 99-3003R: PW2013-180 QUIT CLAIM DEED Ctly Kewnt, a V�laslinngta>n municipal corporation, ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation, as Grantee ("Grantee"), all its interest, including any after acquired title, in the following described real property parcels, situated in King County, Washington. SEE EXHIBIT "A and B" ATTACHED (Signature and Notary Acknowledgment Appears on Next Page) gym° QUIT CLAIM DEED (City of Kent to Richard & Partners, LLC) - Page 1 of 3 Grantor: City of Kent, a Washington municipal Corporation Sign name Title: Suzette Cgok�e. ...Maygr Date: : STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ......................... _ (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at , My appointment expires QUIT CLAIM DEED (City of Kent to Richard & Partners, LLC) - Page 2 of 3 Approved as to Form: Kent Law Department QUIT CLAIM DEED (City of Kent to Richard & Partners, LLC) - Page 3 of 3 EXHIBIT n FEE TO RICHARDS & PARTNERS THAT PORTION OF LOT 1, SHINN'S CLOVERDALE ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N89039'33"E 612.95 FEET; THENCE N00036'37"W 11.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00036'37"W 53.81 FEET TO THE NORTH LINE OF THAT LAND DEDICATED TO THE CITY OF KENT AS DESCRIBED IN KING COUNTY RECORDERS NO. 8702130064; THENCE ALONG SAID NORTH LINE S80009'26"W 308.15 FEET; THENCE S00022'35"E 7.92 FEET; THENCE N89037'25"E 230.51 FEET; THENCE N88001'12"E 51.91 FEET; THENCE N80153'06"E 22.02 FEET TO THE POINT OF BEGINNING. 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