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HomeMy WebLinkAboutCAG2020-298 - Original - John L. & Patricia L. Phillips - Property Aquisition Clarks Springs Habitat Conservation Measure - 09/18/2020Agreement Routing Form For Approvals, Signatures and Records Management Approval Originator: Department: Date Sent: Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Budget Account Number: Grant? Type: Yes No Agreement Information Vendor Name: Category: Vendor Number: Sub-Category Project Name: Project Details: Agreement Amount: Basis for Selection of Contractor: Start Date:Termination Date: Notice required prior to disclosure? Yes No Review/Signatures/Routing Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Contract Number: adccW22373_6_19 September 16, 2020 CAG2020-298 DATE: September 15, 2020 TO: Kent City Council SUBJECT: Clark Springs Habitat Conservation Measure - Property Purchase - Authorize MOTION: Authorize the Mayor to sign all documents necessary for the purchase of property located at 26127 S.E. Kent-Kangley Road, in Ravensdale (APN 252206-9100), from John and Patricia Phillips, in an amount not to exceed $540,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent has been working with the owner to purchase property located at 26127 S.E. Kent-Kangley Road, in Ravensdale. The City was preparing to contact the property owner to advise of the need to acquire the property, when the owner approached the City to advise they were preparing to sell the property and were inquiring if the City was interested. The City will be acquiring the property, which has a single-family residence with frontage along Rock Creek and consists of 54,014 square feet, for the fair market value of $540,000, as established by the City’s review appraiser. The property will be used for the protection and preservation of the Rock Creek Watershed. Background: As part of the City’s Clark Springs Water Supply System Habitat Conservation Plan, the City has committed substantial resources toward the protection, enhancement, and restoration of the Rock Creek Watershed, which supplies water to the City’s Clark Springs water source. The goal of this project is to create, enhance and conserve valuable fish habitat in Rock Creek, while supplying water to the City. Acquiring this property will allow the City to establish a conservation easement for the purpose of improving water quality and protecting salmon populations within Rock Creek. BUDGET IMPACT: $540,000 from the Clark Springs Habitat Conservations Measure budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 8.D Packet Pg. 83 ATTACHMENTS: 1.Phillips Exhibits (PDF) 09/08/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/15/2020 7:00 PM 8.D Packet Pg. 84 PUBLIC WORKS ADMINISTRATION Chad Bieren, PE Deputy Public Works Director / City Engineer 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Memo To: Mayor Ralph From: Cheryl Rolcik-Wilcox, Property & Acquisition Analyst Date: September 15, 2020 Re: Phillips Property Acquisition – Purchase & Sale Agreement Attached please find the Purchase & Sale Agreement for the Phillips Property Acquisition for the Clark Springs Habitat Conservation Measure. There are several places in the document that require your signature or initials, so I have noted them below: •Pages 1 -9 of the Purchase & Sale Agreement require your initials. •Page 9 of the Purchase & Sale Agreement requires a date and your signature. •Page 8 of the Seller’s Disclosure Statement (Exhibit C to the PSA) requires a date and your signature. Please feel free to call me at 425-444-0190 or email me if you have any questions. Thank you! Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 1 of 9 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation (“Buyer”), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-5895, and JOHN L. PHILLIPS and PATRICIA L. PHILLIPS (“Seller”), whose mailing address is 747 SE Bayshore Drive, #102, Oak Harbor, WA 98277, for the sale and purchase of real property as follows: 1.PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is known as King County Tax Parcel Number 252206-9100, approximately 54,014 square feet in size and located at 26127 SE Kent-Kangley Road, Ravensdale, WA (the “Property”). The Property is legally described in Exhibit “A” and depicted in Exhibit “B”. 2.EARNEST MONEY. Within 10 business days of mutual acceptance of this Agreement, Buyer shall deposit with Old Republic National Title Insurance Company (the “Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths ($5,000.00) in the form of a check or by wire transfer, as fully refundable earnest money (“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 Five Hundred and Forty Thousand Dollars and NO/100ths ($540,000.00), which amount includes the Earnest Money, payable at Closing. 4.CONTINGENCIES. This Agreement is contingent upon: a.The Buyer authorization set forth in Section 18 of this Agreement and the other contingencies provided for throughout this Agreement. b.No later than 10 business days after the date of mutual acceptance of this Agreement, Seller shall deliver to Buyer, in a manner consistent with paragraph Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 2 of 9 17, a completed Real Property Transfer Disclosure Statement (“Disclosure Statement”) in the form attached as Exhibit “C”. If Seller fails to deliver the Disclosure Statement by the required deadline, then unless Buyer waives this contingency in writing the Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. c.Within 5 business days of Buyer’s receipt of the Disclosure Statement delivered in a timely manner from Seller, Buyer shall, in its sole and absolute discretion, either approve and accept the Disclosure Statement or rescind this Agreement by delivering to Seller a written rescission notice. If Buyer neither accepts nor delivers a written rescission notice, then Buyer will be deemed to have approved and accepted the Disclosure Statement. If Buyer delivers a written rescission notice, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. d.A feasibility study as follows: i.Buyer shall have 60 days from the date of mutual acceptance of this Agreement to determine, in Buyer’s sole and absolute discretion, if the property is feasible for the purposes and uses intended (“Feasibility Period”). The Feasibility Period may be reduced if it is determined that a Phase II environmental assessment is unnecessary. However, if it is determined that a Phase II environmental assessment is necessary, the full 60-day Feasibility Period will be required and further extended as necessary. ii.Buyer’s feasibility study may include (but is not limited to) a Phase I and a Phase II environmental assessment, to determine if the Property is feasible for the purposes and uses intended. iii.A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted, which generally will consist of on-site sampling, including the digging or Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 3 of 9 boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. iv.Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with the feasibility study. If Buyer fails to notify Seller of its approval of the Property, in writing, on or before the expiration of the Feasibility Period, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. Following any environmental assessment, Buyer agrees to return the property to its original state (i.e. fill all boring holes, etc.). e.A completed Lack of Probate Affidavit in the form attached as Exhibit “D” shall be submitted to the City with the signed Agreement. f.This Agreement is also contingent upon insurability of title as addressed in paragraph 6 below. Should any of the contingencies provided for above or throughout this Agreement not be met prior to Closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. 5.CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, paragraph(s) 8 through 10 of Old Republic National Title Insurance Company Order Number 5207167464, described in Exhibit “E”, attached hereto and incorporated herein by this reference. All other special exceptions therein are to be removed from the Property 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 Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 4 of 9 reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit “E”, other than those specifically noted above, are to be removed from the Property on or before Closing. 6.TITLE INSURANCE. At Closing, Buyer shall cause Old Republic National Title Insurance Company, who is also serving as 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 constitute 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. 7.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 regulations. Buyer shall pay all recording costs, title insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. 8.CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, every reasonable effort will be made to close this sale by 5:00 PM on November 16, 2020. However, if completion of the environmental assessment is required under Section 4.d., the parties agree to extend the Closing date to allow for the completion of the environmental assessment. In addition to the Mayor, the Public Works Director for the City is also authorized to extend Closing on behalf of the City. When notified, the Buyer and Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreement. Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 5 of 9 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. 9.CASUALTY LOSS. If, prior to Closing, improvements on the Property are destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 10.POSSESSION. Buyer shall be entitled to possession on Closing. 11.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 of any violation of laws relating to the Property except: c.that Seller is in possession of the Property and the Property is not subject to any lease or rental agreements. 12.SELLER’S ENVIRONMENTAL REPRESENTATIONS. Seller represents that, to the best of Seller’s knowledge, Seller is not aware of the existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to Closing or any act of omission occurring prior to Closing, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive Closing and be in addition to Seller’s obligation for breach of a representation or warranty as may be set forth herein. 13.SELLER’S INDEMNITIES: Seller agrees to defend, 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, Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 6 of 9 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. 14.DEFAULT AND ATTORNEY’S FEES. a.Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Money previously paid by the Buyer. Buyer and Seller intend that this 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 this 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. 15.NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 7 of 9 16.NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17.NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: City of Kent Attn: Cheryl Rolcik-Wilcox Property & Acquisition Analyst 220 Fourth Avenue South Kent, WA 98032 CRolcik-Wilcox@KentWA.gov Fax: 253-856-6500 And to: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 CityClerk@KentWA.gov Fax: 253-856-6725 (b) All notices to be given to Seller shall be addressed as follows: Patricia L. Phillips 747 SE Bayshore Drive #102 Oak Harbor, WA 98277 (c) All notices to be given to Escrow Agent shall be addressed as follows: Theresa Roose Old Republic National Title Insurance Company 216 W. Gowe Street Kent, WA 98032 TRoose@ORTC.com Phone: 253-813-9394 Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 8 of 9 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. 18.CITY COUNCIL ACTION. 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. a. Seller’s Waiver. Seller expressly waives any claim against the City of Kent and its elected officials, officers, employees, representative and agents for any burden, expense or loss which Seller incurs as a result of the City Council’s failure to grant the Council Authorization. 19.ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 20.BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. 21.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. Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 DR Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 9 of 9 22.EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on September 4, 2020, 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 this 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 date set forth below. BUYER: CITY OF KENT Name: Dana Ralph Title: Mayor Dated: SELLER: Name: Patricia L. Phillips Dated: Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 09/18/2020 DR Page 1 of 1 ORDER NO. : 5207167464 EXHIBIT A The land referred to is situated in the County of King, City of Ravensdale, State of Washington, and is described as follows: That portion of the East half of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 25, Township 22 North, Range 6 East, W.M., in King County, Washington, lying South of Kent Kangley Road; EXCEPT the East 20 feet thereof. SITUATE in King County, Washington. Property Address: 26127 Southeast Kent-Kangley Road, Ravensdale, Wa 98051 ABBREVIATED LEGAL Section 25, Township 22 Range 6 NW 1/4, SW ¼, records of King County, Washington. Tax Account No.: 252206-9100-09 EXHIBIT AAuthentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT BAuthentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 1 of 9 Improved Ver. Effective 3-10-20 INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 26127 SE Kent-Kangley Road, Ravensdale, WA 98051 ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMEN T TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ is not occupying the property. XX Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 2 of 9 Improved Ver. Effective 3-10-20 I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE [ ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes [ ] No [ ] Don't know *B. Is title to the property subject to any of the following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes [ ] No [ ] Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No [ ] Don't know *D. Is there a private road or easement agreement for access to the property? [ ] Yes [ ] No [ ] Don't know *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? [ ] Yes [ ] No [ ] Don't know *F. Are there any written agreements for joint maintenance of an easement or right-of-way? [ ] Yes [ ] No [ ] Don't know *G. Is there any study, survey project, or notice that would adversely affect the property? [ ] Yes [ ] No [ ] Don't know *H. Are there any pending or existing assessments against the property? [ ] Yes [ ] No [ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? [ ] Yes [ ] No [ ] Don't know *J. Is there a boundary survey for the property? [ ] Yes [ ] No [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded against the property? 2. WATER A. Household Water (1) The source of water for the property is: [ ] Private or publicly owned water system [ ] Private well serving only the subject property *[ ] Other water system [ ] Yes [ ] No [ ] Don't know *If shared, are there any written agreements? [ ] Yes [ ] No [ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? x x x x x x x x x x x x Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 3 of 9 Improved Ver. Effective 3-10-20 [ ] Yes [ ] No [ ] Don't know *(3) Are there any problems or repairs needed? [ ] Yes [ ] No [ ] Don't know (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain. [ ] Yes [ ] No [ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned [ ] Yes [ ] No [ ] Don't know *(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim? [ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? *(b) If yes, has all or any portion of the water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't know *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? B. Irrigation Water [ ] Yes [ ] No [ ] Don't know (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? [ ] Yes [ ] No [ ] Don't know *(a) If yes, has all or any portion of the water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a copy.) [ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? [ ] Yes [ ] No [ ] Don't know *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property: C. Outdoor Sprinkler System [ ] Yes [ ] No [ ] Don't know (1) Is there an outdoor sprinkler system for the property? [ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects in the system? [ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation water? 3. SEWER/ON-SITE SEWAGE SYSTEM A. The property is served by: [ ] Public sewer system, [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: [ ] Yes [ ] No [ ] Don't know B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. x x x x x x x x x Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 4 of 9 Improved Ver. Effective 3-10-20 [ ] Yes [ ] No [ ] Don't know *C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? D. If the property is connected to an on-site sewage system: [ ] Yes [ ] No [ ] Don't know *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? (2) When was it last pumped? [ ] Yes [ ] No [ ] Don't know *(3) Are there any defects in the operation of the on-site sewage system? [ ] Don't know (4) When was it last inspected? By whom: [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved? ____ bedrooms [ ] Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . . [ ] Yes [ ] No [ ] Don't know *F. Have there been any changes or repairs to the on-site sewage system? [ ] Yes [ ] No [ ] Don't know G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. [ ] Yes [ ] No [ ] Don't know *H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES 4. STRUCTURAL [ ] Yes [ ] No [ ] Don't know *A. Has the roof leaked within the last five years? [ ] Yes [ ] No [ ] Don't know *B. Has the basement flooded or leaked? [ ] Yes [ ] No [ ] Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits obtained? [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections obtained? [ ] Yes [ ] No [ ] Don't know D. Do you know the age of the house? If yes, year of original construction: x x x 3 x x x x x na x x x x october 2019 Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 5 of 9 Improved Ver. Effective 3-10-20 [ ] Yes [ ] No [ ] Don't know *E. Has there been any settling, slippage, or sliding of the property or its improvements? [ ] Yes [ ] No [ ] Don't know *F. Are there any defects with the following: (If yes, please check applicable items and explain.) □ Foundations □ Decks □ Exterior Walls □ Chimneys □ Interior Walls □ Fire Alarm □ Doors □ Windows □ Patio □ Ceilings □ Slab Floors □ Driveways □ Pools □ Hot Tub □ Sauna □ Sidewalks □ Outbuildings □ Fireplaces □ Garage Floors □ Walkways □ Siding □ Other □ Woodstoves □ Elevators □ Incline Elevators □ Stairway Chair Lifts □ Wheelchair Lifts [ ] Yes [ ] No [ ] Don't know *G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . . [ ] Yes [ ] No [ ] Don't know H. During your ownership, has the property had any wood destroying organism or pest infestation? [ ] Yes [ ] No [ ] Don't know I. Is the attic insulated? [ ] Yes [ ] No [ ] Don't know J. Is the basement insulated? 5. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. [ ] Yes [ ] No [ ] Don't know Electrical system, including wiring, switches, outlets, and service [ ] Yes [ ] No [ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets [ ] Yes [ ] No [ ] Don't know Hot water tank [ ] Yes [ ] No [ ] Don't know Garbage disposal [ ] Yes [ ] No [ ] Don't know Appliances [ ] Yes [ ] No [ ] Don't know Sump pump [ ] Yes [ ] No [ ] Don't know Heating and cooling systems [ ] Yes [ ] No [ ] Don't know Security system [ ] Owned [ ] Leased Other . . . . *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) x x x x x na x x x x x na x na Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 6 of 9 Improved Ver. Effective 3-10-20 [ ] Yes [ ] No [ ] Don't know Security system . . . . . . [ ] Yes [ ] No [ ] Don't know Tanks (type): . . . . . . [ ] Yes [ ] No [ ] Don't know Satellite dish . . . . . . Other: . . . . . . *C. Are any of the following kinds of wood burning appliances present at the property? [ ] Yes [ ] No [ ] Don't know (1) Woodstove? [ ] Yes [ ] No [ ] Don't know (2) Fireplace insert? [ ] Yes [ ] No [ ] Don't know (3) Pellet stove? [ ] Yes [ ] No [ ] Don't know (4) Fireplace? [ ] Yes [ ] No [ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? [ ] Yes [ ] No [ ] Don't know D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? [ ] Yes [ ] No [ ] Don't know E. Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, seller must equip the residence with carbon monoxide alarms as required by the state building code.) [ ] Yes [ ] No [ ] Don't know F. Is the property equipped with smoke detection devices? (Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke detection device, at least one must be provided by the seller.) 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS [ ] Yes [ ] No [ ] Don't know A. Is there a Homeowners' Association? Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: [ ] Yes [ ] No [ ] Don't know B. Are there regular periodic assessments: $ . . . per [ ] Month [ ] Year [ ] Other [ ] Yes [ ] No [ ] Don't know *C. Are there any pending special assessments? [ ] Yes [ ] No [ ] Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co- owned in undivided interest with others)? na x na x x x x x Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 7 of 9 Improved Ver. Effective 3-10-20 7. ENVIRONMENTAL [ ] Yes [ ] No [ ] Don't know *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? [ ] Yes [ ] No [ ] Don't know *B. Does any part of the property contain fill dirt, waste, or other fill material? [ ] Yes [ ] No [ ] Don't know *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ ] Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] Yes [ ] No [ ] Don't know *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes [ ] No [ ] Don't know *F. Has the property been used for commercial or industrial purposes? [ ] Yes [ ] No [ ] Don't know *G. Is there any soil or groundwater contamination? [ ] Yes [ ] No [ ] Don't know *H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes [ ] No [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? [ ] Yes [ ] No [ ] Don't know *J. Has the property been used as an illegal drug manufacturing site? [ ] Yes [ ] No [ ] Don't know *K. Are there any radio towers in the area that cause interference with cellular telephone reception? 8. MANUFACTURED AND MOBILE HOMES If the property includes a manufactured or mobile home, [ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . . [ ] Yes [ ] No [ ] Don't know *B. Did any previous owner make any alterations to the home? [ ] Yes [ ] No [ ] Don't know *C. If alterations were made, were permits or variances for these alterations obtained? 9. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes [ ] No [ ] Don't know *Are there any other existing material defects affecting the property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real x x x x x x x x x x x x Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 8 of 9 Improved Ver. Effective 3-10-20 estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. DATE SELLER SELLER NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE: BUYER: BUYER: Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 Authentisign lD: F8555349-9A3/t-454E-86F8-221145A46041 DATE SELLER EXHIBIT C estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. SELLER R NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL I.AW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A' Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation.B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information.D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature, DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.t r8 7/)DATE: 09t06t2020DATE:-SELLER:99 Seller's Disclosure Statement - Page B of 9 Improved ELLER Ver. Effective 3-10-20 EXHIBIT C DATE: SELLER: SELLER: Seller’s Disclosure Statement - Page 9 of 9 Improved Ver. Effective 3-10-20 BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer’s right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the “Environmental” section of the Seller Disclosure Statement. DATE: BUYER: BUYER: Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 (CONTINUED ON NEXT PAGE) Page 1 of 2 Order No 5207167464 LACK OF PROBATE AFFIDAVIT STATE OF WASHINGTON COUNTY OF _____________ SS _________________________________________, being first duly sworn, deposes and says 1.The undersigned affiant is the _________________________ of ________________________, (relationship to decedent)(decedent) who died _________________, _______ at _____________________, ___________________, (date) (year)(city)(state) then being legal resident of _____________________, ____________, ___________________. (city) (county)(state) * NOTE: A Copy of Death Certificate of decedent is attached hereto* 2.( ) Decedent left no last Will; or ( ) Decedent left a last Will which has not been probat ed, and a true copy of which is attached hereto,and the same Will has never been revoked; or ( )Decedent left a last will which was probated in _______________ County, State of _____________________, and an authenticated copy of Order admitting Will to probate, or Decree of Distribution is attached hereto. 3.The heirs at law of decedent, and their ages, relationship to the decedent and current address are as follows (including spouse, natural or adopted children, issue of any predeceased child, and surviving parents, brothers and sisters of decedent): HEIRS AT LAW ______________________________________________________________________ (Full Name)(Age)(Relationship)(Address)(City)(State) ______________________________________________________________________ (Full Name)(Age)(Relationship)(Address)(City)(State) ______________________________________________________________________ (Full Name)(Age)(Relationship)(Address)(City)(State) ______________________________________________________________________ (Full Name)(Age)(Relationship)(Address)(City)(State) ______________________________________________________________________ (Full Name)(Age)(Relationship) (Address)(City)(State) ______________________________________________________________________ (Full Name)(Age)(Relationship)(Address)(City)(State) EXHIBIT D SELLER WILL PROVIDE COMPLETE AND NOTARIZED FORM DIRECTLY TO OLD REPUBLIC TITLE NO LATER THAN SEPTEMBER 10, 2020 Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 Page 2 of 2 (CONTINUED FROM PREVIOUS PAGE) 4.All the debts of the decedent and/or the material community, including but not limited to all expenses of the decedent's last illness, funeral and burial, and all applicable federal and state succession or inheritance taxes, have been fully paid, except as follows: ______________________________________________________________________ (please indicate “none”, if no debts apply) 5.As of the date of death, the value of all community property of decedent was approximately $_______________, and the value of separate property was approximately $_______________. 6.This affidavit is made to include Old Republic Title, Ltd., hereinafter called "ORT"to insure title to real property described under the above Order No., in which decedent had an interest at the time of his or her death, and ORT may issue its policy or policies in full reliance on the representations herein made. Affiant does hereby indemnify and agree to hold ORT harmless by reason of so insuring in reliance on there representations. NOTE:A request to so insure must come from an attorney, and dee ds may be required from heirs or devisees of decedent DATED:________________________, _______ By: ______________________________________ ______________________________________ (Affiant's full name) ______________________________________ ______________________________________ ______________________________________ (Address and Telephone No.) Subscribed and sworn to me this _____ day of ____________, _______. Signature: ________________________________ Name: ___________________________________ (Typed or Printed) (Notary Public in and for the State of Washington, residing at: _______________________) Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 Old Republic National Title Insurance Company Order No. 5207167464 EXHIBIT E Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041Authentisign ID: FB555349-9A34-454E-86F8-2211B5A46041 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Signing Information: Signing Name:Phillips Sale to city of Kent - Seller signed PSA ID:FB555349-9A34-454E-86F8-2211B5A46041 Status:Document has been signed by all parties. Start Date:9/6/2020 11:14:38 AM PDT End Date:9/6/2020 12:36:20 PM PDT # Signers:1 # Reviewers:0 # CC:0 Creator:Christine Johnson Email:Christine@WREServices.com IP Address:63.224.214.93 Address:27810 217th Avenue SE Document Information: Document Name:Phillips Sale to city of Kent - Seller signed PSA Source:Uploaded Document ID:2274C58B-62C1-47E4-8A13-4378E11AAEDD Pages:23 # Signature blocks:1 # Initial blocks:19 Participant Activity:Signature / Initials: Name:Patricia Lee Phillips Email:mytkdnews@comcast.net Type:Remote Signer EULA/TOS/ABP/CCD:Accepted: 9/6/2020 12:28:40 PM PDT [IP:67.168.64.240] Document:Signed and Accepted – date/time: 9/6/2020 12:36:20 PM PDT [IP:67.168.64.240] Page 1 of 6 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Agreement Between Parties / Terms of Service: Terms Of Service Authentisign is a service offered by Concepts In Data Management Inc. US. d.b.a. Instanet Solutions. This is a legal agreement, by and between You ('You' may be either an individual or a single entity) and Instanet Solutions for the sole purpose of use by You of the Authentisign service offered by Instanet Solutions (the 'Service'). Instanet Solutions and You may be referred to herein as the 'Parties'. When using the Service, You agree to be bound by and subject to any guidelines, policies, rules or additional terms applicable to the Service which Instanet Solutions may communicate to You or post from time to time on the Authentisign.com website. These guidelines, policies, rules or additional terms are considered included as part of this Authentisign Service End User License Agreement (this 'Agreement'). Instanet Solutions reserves the right to amend this Agreement from time to time and will post material changes to this Agreement on its web site. If you continue to use the Service once Instanet Solutions has published the changes to the Agreement, You will be deemed to have accepted and agreed to those changes. If You are accessing the Service to view, edit, electronically sign or retrieve an electronic document that was made available to You by one of Instanet Solutions' other customers, You explicitly acknowledge and agree that: (i) You are using the Service for such purpose, (ii) recognize the Service provides a web based security service that enables users to verify the authenticity of documents, provide tamper detection, digitally sign, electronically date, time stamp and postmark, and store such documents, and (iii) the Service, together with the Adobe/GlobalSign CDS digital signature timestamp certification, is a qualified security procedure. In addition, You acknowledge and agree that your use of the Service, together with the Adobe/GlobalSign CDS digital signature timestamp certification, (i) is commercially reasonable under the circumstances for which You employ its use; (ii) is being applied by You in a trustworthy manner, and (iii) is being relied upon by You in a reasonable and good faith manner. End User License Agreement 1. USER ACCOUNT, PASSWORD, AND SECURITY To open an account, you must complete the registration process by providing Concepts In Data Management Inc. US d.b.a. Instanet Solutions with current, complete and accurate information as prompted by the Service Order Registration Form or via phone to a Instanet Solutions customer support representative. You then will receive a password and an account first and last name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You understand and acknowledge that by opening an account and utilizing the Services (as defined below) you are agreeing to be bound by these Terms of Service (TOS) and thereby enter into an agreement with Instanet Solutions with respect thereto. You agree to notify Instanet Solutions immediately of any unauthorized use of your account or any other breach of security. BY CLICKING THE `I ACCEPT` BUTTON , YOU AGREE TO THE TERMS OF USE OF THE MRED FAX PLUS, TRANSACTION DESK, AUTHENTISIGN, AUTHENTISIGN2GO, INSTANET FAX, INSTANET FORMS, DOCBOX and DOCBOX2GO SERVICES, AND ALL WEB SITES RELATED THERETO (THE “SERVICES”). 2. USER PRIVACY It is Instanet Solutions' policy to respect the privacy of its users. Instanet Solutions will not monitor, edit, or disclose any personal information about you or your use of the Services, including its contents, without your prior permission unless Instanet Solutions has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Instanet Solutions (3) enforce these TOS; or (4) act to protect the interests of its users or others. For more information, see the Services' Privacy Statement at http://www.instanetsolutions.com/privacy/ Some personal information you provide to Instanet Solutions may be stored outside of the country in which you reside. You agree that Instanet Solutions may access your account, including its contents, as stated above or to respond to Services or technical issues. 3. 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Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Harvest or otherwise collect information about others, including email addresses, without their consent. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Services. Interfere with another's use and enjoyment of the Services or another individuals' or entity's use and enjoyment of similar services. Instanet Solutions has no obligation to monitor the Services or any user's use thereof or retain the content of any user session. Instanet Solutions has no obligation to investigate a user's identity or verify the authenticity of a user's statements, including those made to open an account. However, Instanet Solutions reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable Page 2 of 6 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Agreement Between Parties / Terms of Service: law, regulation, legal process or governmental request. 5. 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Changes are periodically added to such information as deemed appropriate by Instanet Solutions and/or its respective suppliers may make improvements and/or changes in the Services at any time. Instanet Solutions does not represent or warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available, are free of viruses or other harmful components. Instanet Solutions does not warrant or represent that the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that Instanet Solutions shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. You specifically agree that Instanet Solutions is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Instanet Solutions is not responsible for any content sent using and/or included in the Services by any third party. INSTANET SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND. INSTANET SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL INSTANET SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSTANET SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THEIR RELATED WEB SITES. 7. INDEMNIFICATION You agree to indemnify and hold Instanet Solutions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Services. 8. TERMINATION Instanet Solutions may terminate your access to any part or all of the Services and any related Services at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your account, your only recourse is to discontinue the use of the Services. Instanet Solutions shall have no obligation to maintain any content in your account or to forward any contract/transaction information to you or any third party. 9. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Any dealings with advertisers on the Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Instanet Solutions shall not be responsible or liable for any part of any such dealings or promotions. 10. USE OF SERVICES If you are accessing the Instanet Solutions Services to view, sign or retrieve a document that was made available to you through the Services, Instanet Solutions grants you a limited license to access the Services solely to use and learn about the Services. Other than viewing, signing, modifying or retrieving such document, you may not modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Services or any information contained in, or obtained from, the Services without the express written consent of Instanet Solutions. Any and all unauthorized uses of the Services or the contents therein will terminate the limited license granted to you. Without Instanet Solutions' express written consent, you may not (a) use any automated means to access the Page 3 of 6 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Agreement Between Parties / Terms of Service: Services or collect any information from the Services (including, without limitation, robots, spiders or scripts), (b) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other user's use or enjoyment of the Services, or (c) from the Services' web sites, place pop-up windows over its pages, or otherwise affect the display of its pages. 11. MODIFICATIONS TO TERMS OF SERVICES, MEMBER POLICIES Instanet Solutions reserves the right to change the TOS or policies regarding the use of the Services at any time and to notify you by posting an updated version of the TOS on this web site. You are responsible for regularly reviewing the TOS. Continued use of the Services after any such changes shall constitute your consent to such changes. 12. GENERAL These TOS and the agreement entered into by you with Instanet Solutions pursuant hereto are governed by the laws of the Province of Ontario, and Canada. Use of the Services are unauthorized in any jurisdiction that does not give effect to all provisions of these TOS, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Instanet Solutions as a result of this agreement or use of the Services. Instanet Solutions' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Instanet Solutions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Instanet Solutions with respect to such use. If any part of these TOS or the agreement between you and Instanet Solutions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS and agreement shall continue in effect. Unless otherwise specified herein, these TOS and this agreement constitutes the entire agreement between the user and Instanet Solutions with respect to the Services (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Instanet Solutions with respect to the Services. A printed version of these TOS and this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOS and this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Instanet Solutions agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these TOS are solely used for the convenience of the parties and have no legal or contractual significance. 13. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Services are: Copyright © 2010 Instanet Solutions Inc. and/or its suppliers, c/o Concepts in Data Management Incorporated, PO Box 220 Lambeth Station, London, Ontario N6P1P9 Canada. All information related to the Services, including, without limitation, text, graphics, web sites and other files, and the arrangement thereof, are copyrighted and Instanet Solutions reserves all rights associated with such copyrights. TRADEMARKS. The names, trademarks, service marks and logos appearing within or related to the Services may not be used in any advertizing or publicity, or otherwise to indicate Instanet Solutions' sponsorship or affiliation with any product, service, event or organization without Instanet Solutions' prior express written permission. Instanet Solutions' MRED FAX PLUS, TRANSACTIONDESK, AUTHENTISIGN, AS2GO, INSTANET FORMS, INSTANET FAX, DOCBOX and DOCBOX2GO and/or other Instanet Solutions products and Services referenced herein or within the Services are either trademarks or registered trademarks of Instanet Solutions. Any rights not expressly granted herein are reserved. Agreement Between Parties You are accessing the Authentisign Service (the “Service”) to view, edit, electronically sign and retrieve an electronic document that was made available to you by one of Instanet Solutions' other customers. This is an agreement by and between or among you and the other parties to such electronic document. You explicitly acknowledge and agree that all parties to such electronic document have mutually agreed to the use of the Service and that you, together with such other parties: (i) are using the Service for such purpose, (ii) recognize the Service, in conjunction with the Adobe/GlobalSign CDS digital signature timestamp certification, provides a web based security service that enables users to verify the authenticity of documents, provide tamper detection, digitally sign, electronically date and time, and store such documents, and (iii) agree that the Service, together with the Adobe/GlobalSign CDS digital signature timestamp certification, is a qualified security procedure. In addition, you, together with each party to the electronic document, acknowledge and agree that your use of the Service, together with the Adobe/GlobalSign CDS digital signature timestamp, (i) is commercially reasonable under the circumstances for which you employ its use; (ii) is being applied by you in a trustworthy manner, and (iii) is being relied upon by you in a reasonable and good faith manner. Last Update: 07212013 Page 4 of 6 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Consumer Consent Disclosure: Consumer Consent Disclosure By proceeding and selecting the “I Agree” toggle button option corresponding to the Consumer Consent Disclosure section on the Authentisign Signature Creation Wizard you are agreeing that you have reviewed the following consumer consent disclosure information and consent to transacting business electronically, to receive notices and disclosures electronically, and to utilize electronic signatures instead of using paper documents. This electronic signature service (“Authentisign”) is provided on behalf of our client (“Sender”) who listed with their contact information at the bottom of the Authentisign Signing Participant email (“Invitation”) you received. The Sender will be sending electronic documents, notices, disclosures to you or requesting electronic signatures from you. You are not required to receive disclosures, notices or sign documents electronically. If you prefer not to do so, you can make a request to receive paper copies and withdraw your consent to conduct business electronically at any time as described below. Scope of Consent You agree to receive electronic notices, disclosures, and electronic signature documents with all related and identified documents and disclosures provided over the course of your relationship with the Sender. You may at any point withdraw your consent by following the procedures described below. Hardware and Software Requirements To receive theaboveinformationelectronically,you willneed all of the following: ·a computer or tablet device with internet access ·a working individual email address ·a supported operating systems and browsers from list table below OperatingSystem Microsoft Internet Explorer Apple Safari Mozilla® Firefox Mobile Safari Chrome WindowsXPSP3 8.0 5.0 or higher 23 or higher N/A 22,0 or higher Windows Vista 8.0, 9.0 5.0 or higher 23 or higher N/A 22,0 or higher Windows7/8 8.0, 9.0, 10 N/A 23 or higher N/A 22,0 or higher MacOS X10.5 (Leopard™)N/A 5.0 or higher 23 or higher N/A N/A MacOS X10.6 (SnowLeopard™)N/A 5.0 or higher 23 or higher N/A N/A Apple – IOS 5.0 or higher N/A N/A N/A 5.0 or higher 28.0.1500.12 or higher JavaScript and Cookies mustbe enabled in the browser. Requesting Paper Copies You have the ability to download and print or download any disclosures, notices or signed documents made available to you through Authentisign using the document print options located within the service. Authentisign can also email you a copy of all documents you sign electronically. You are not required to receive disclosures, notices or sign documents electronically and may request paper copies of documents or disclosures if you prefer. If you do not wish to work with electronic documents and instead wish to receive paper copies you can contact the Sender though Authentisign document signing interface or request paper copies by following the procedures described below. There could be fees associated to printing and delivering the paper documents. Withdrawal of Consent to Conduct Business Electronically Consent to receive electronic documents, notices or disclosures can be withdrawn at any time. In order to withdraw consent you must notify the Sender. You may withdraw consent to receive electronic notices and disclosures and optionally electronically signatures by following the procedures described below. Requesting paper documents, withdrawing consent, and/or updating contact information To request paper copies of documents, withdraw consent to conduct business electronically and receive documents, notices, or disclosures electronically or sign documents electronically please contact the Sender by sending an email to Sender’s email address located at the bottom of the Invitationrequesting your desired action. Use one of the following email subject lines and insert the associated text into the body of the email: Email Subject line: “Request for Paper Documents” Include your full name, email address, telephone number, postal address and the signing name found in the Invitation in the body of the email. Note: There could be per page and delivery fees required by the Sender to send the paper documents. • Email Subject line: “Withdraw Consent to Conduct Business Electronically” Include your full name, email address, telephone number, postal address and the signing name found in the Invitation in the body of the email. • Page 5 of 6 Signing Certificate Certificate ID:FB555349-9A34-454E-86F8-2211B5A46041 Date:9/6/2020 11:14:38 AM PDT Consumer Consent Disclosure: Email Subject line: “Update Contact Information” Include your full name, email address, telephone number, postal address and the signing name found in the Invitation in the body of the email. along with the requested change(s) to your contact information • Page 6 of 6