HomeMy WebLinkAboutPK10-228 - Original - Robert & Valerie Matinjussi - Property Parcel No. 0522059066 - 10/01/2010 _
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- KENT Document
WASHINGTON
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: Robert & Valarie Matinjussi
Vendor Number:
JD Edwards Number
Contract Number: /�pe- 10-Jo- i
This is assigned by City Clerk's Office
Project Name: Real Estate Purchase & Sale Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other:
Contract Effective Date: 10/1/2010 Termination Date:
Contract Renewal Notice (Days): Indefinite
Number of days required notice for termination or renewal or amendment
Contract Manager: B Levenhagen Department: Parks
Detail: (i.e. address, location, parcel number, tax id, etc.):
CM 7/6/2010
S Public\RecordsMan age ment\Forms\ContractCover\adcc7832 11/08
REAL ESTATE PURCHASE AND SALE AGREEMENT
BETWEEN
THE CITY OF KENT AND ROBERT AND VALARIE MATINJUSSI
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, whose mailing address is 220 4th Ave. S, Kent, Washington
98032, ("Buyer"), and ROBERT AND VALARIE MATINJUSSI, husband and wife,
whose mailing address is 11220 SE 204th Street, Kent, Washington, 98031
("Seller"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and
appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to
sell, is approximately 5.62 acres comprised of King County tax parcel number
0522059066, which is legally described in Exhibit A, attached hereto and
incorporated herein by this reference (the "Property"). A map indicating the
location of the Property is also attached as Exhibit B, incorporated herein by this
reference.
2. EARNEST MONEY. Upon mutual acceptance of this Agreement,
Buyer shall deposit with Pacific Northwest Title Company, 116 Washington Avenue
North, Kent, Washington 98032,("Closing Agent"), Fifteen Thousand and No/100
Dollars ($15,000.00) in the form of a City of Kent Purchase Order as refundable
earnest money.
3. PURCHASE PRICE. The purchase price is NINE HUNDRED AND
EIGHTY THOUSAND AND NO/100 DOLLARS ($980,000) plus credit for two months
of fair market rental value of the Property per the Lease in Section 9. The purchase
price shall be paid in cash at Closing.
4. CONTINGENCIES/PROPERTY CONDITION. This Agreement is
contingent upon the following:
(a) Acceptance of the terms of this Agreement by the Kent City
Council within fifteen (15) days of mutual acceptance.
(b) Buyer's review and approval of the title report according to
Section 5(b).
(c) Buyer's review and approval of Seller's information contained in
the Real Property Transfer Disclosure Statement ("Disclosure Statement") the form
of which is set forth in Exhibit C. Seller shall complete one form for each dwelling
Buyer's Initials Seller's Initials Seller's Initials_
REAL ESTATE PURCHASE AND SALE AGREEMENT 20 10
- Page 1 of 34
(between City of Kent and Robert and Valane Matinlussi)
unit or specify which dwelling unit is being referenced in the form. The "Disclosure
Statement shall be completed by the Seller within ten (10) days from the date of
mutual acceptance of the Agreement.
(d) A Feasibility Study as follows:
(i) Buyer shall have thirty (30) days from the date of mutual
acceptance of this Agreement to determine, in Buyer's sole and absolute discretion,
if the real property is feasible for investment and/or development by Buyer. Buyer
agrees to assume all liability for and to defend, indemnify and save Seller harmless
from all liability and expense (including reasonable attorneys' fees) in connection
with all claims, suits and actions of every name, kind and description brought
against Seller or its agents or employees by any person or entity as a result of or
on account of injuries or damages to persons, entities and/or property received or
sustained, arising out of, in connection with or as a result of the acts or omissions
of Buyer or its agents or employees in exercising its rights under the right of entry
granted in this Section, except for claims caused by Seller's negligence.
(ii) Buyer's feasibility study may include (but is not limited to)
a Phase I and/or Phase II environmental assessment, utilities availability and
capacity, access availability, zoning, preliminary architectural and engineering
studies, marketing feasibility. Should a Phase II be necessary, Buyer shall give
Seller a copy of the Phase I report and scope of work for Phase II.
(iii) A Phase I environmental assessment generally will consist
of a review of title of ownership and land use, review of geologic and hydrologic
maps of the area, review of federal and state databases for known hazardous water
generators or contaminated sites and a site visit. If the Phase I review reveals the
potential of a contaminated site, a Phase II environmental assessment may be
conducted which generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE
PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND
IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
(iv) Buyer agrees to conduct its feasibility study at its sole
cost and expense; and if Buyer does not remove the feasibility contingency on or
before the expiration of the feasibility period, then Buyer also agrees, if requested
by Seller, to deliver to Seller copies of all information and documentation obtained
or developed by Buyer in connection with its feasibility study.
Buyer's Initials rk�_ Seller's Initials �V)a— Seller's Initials—VA—
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 2 of 34
(between City of Kent and Robert and Valane Mabnjussi)
Should any of the contingencies in 4(a) — 4(c) above not be satisfied by their
deadlines, then this Agreement shall terminate and neither Buyer nor Seller shall
have any further rights, duties or obligations hereunder, except that the refundable
earnest money held by Pacific Northwest Title shall be immediately returned to
Buyer. If Buyer fails to notify Seller in writing of the removal of the contingencies in
4(a) or 4(d), above then this Agreement shall be terminated, and neither Buyer nor
Seller shall have any further rights, duties or obligations hereunder, other than the
obligation of Buyer to indemnify and hold Seller harmless set forth in subsection
4(d), Buyer agrees to return the Property to its original state (i.e., fill all boring
holes, etc.), and the refundable earnest money shall be returned.
5. TITLE
(a) Conveyance. At the Closing, Seller shall convey to Buyer fee
simple title to the Parcel by duly executed and acknowledged statutory warranty
deed (the "Deed"), free and clear of all defects and encumbrances and subject only
to those exceptions that Buyer approves pursuant to this Agreement (the
"Permitted Exceptions")(b) Preliminary commitment.
(i) Buyer shall order a preliminary commitment for owner's
standard coverage policy of title insurance in the amount of the purchase price in
Section 3 to be issued by Pacific Northwest Title Company, whose address and
telephone number is 116 Washington Avenue North, Kent, Washington 98032,
(253) 520-0805 (the "Title Company") and accompanied by copies of all
documents referred to in the commitment (the "Preliminary Commitment"). Buyer
shall advise Seller by written notice what exceptions to title, if any, are disapproved
by Buyer ("Disapproved Exceptions") within fifteen (15) days of receipt of the
Preliminary Commitment (and legible copies of all exceptions to title shown in the
Preliminary Commitment) or fifteen (15) days of mutual acceptance, whichever is
later. Seller will have ten (10) days after receipt of Buyer's notice to give Buyer
notice that (i) Seller will remove Disapproved Exceptions or (ii) Seller elects not to
remove Disapproved Exceptions. If Seller fails to give Buyer notice before the
expiration of the ten (10) day period, Seller will be deemed to have elected not to
remove Disapproved Exceptions.
(ii) If Seller elects not to remove any nonmonetary
Disapproved Exceptions, Buyer will have until the expiration of the feasibility study
period to notify Seller of Buyer's election either to proceed with the purchase and
take the Property subject to those exceptions, or to terminate this Agreement
within five (5) business days after receipt of Seller's notice. If Buyer elects to
terminate this Agreement under this Section, the escrow will be terminated, the
refundable earnest money will be returned to Buyer, all documents and other funds
Buyer's Initials� Seller's initials Sellerls4nitials—O)
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 3 of 34
(between City of Kent and Robert and Valane Matiniussi)
will be returned to the party who deposited them, and neither party will have any
further rights or obligations under this Agreement except as otherwise provided
herein. If this Agreement is terminated through no fault of Seller, then Buyer shall
pay any costs of terminating the escrow and any cancellation fee for the Preliminary
Commitment.
(iii) If exceptions are added to the title after receipt of the
Preliminary Commitment and prior to Closing (Supplemental Preliminary
Commitment), Buyer shall advise Seller by written notice what new exceptions to
title are Disapproved Exceptions. Buyer shall give such notice within fifteen (15)
days of receipt of the Supplemental Preliminary Commitment (and legible copies of
all exceptions to title shown in the Supplemental Preliminary Commitment). Seller's
response and any response from Buyer will be under the same terms as section (i)
and (ii) above.
(c) Title policy. Seller shall cause the Title Company to issue to
Buyer at Closing standard coverage owner's policy of title insurance insuring Buyer's
title to the Property in the full amount of the Purchase Price in Section 3 subject
only to the Permitted Exceptions (the "Title Policy"). The Title Policy must be dated
as of the Closing date. Buyer shall pay the premium for the Title Policy.
6. CLOSING COSTS AND PRO-RATIONS. Buyer shall pay all escrow
costs and the cost of recording the Deed, Seller shall pay the real estate excise tax.
Taxes for the current year, rents, interest, association, condominium and/or
homeowner's fees, water and other utility charges, if any, shall be pro-rated as of
date of Closing unless otherwise agreed. Buyer shall be solely obligated to pay any
rollback/compensating taxes associated with the Property's classification as open
space (or removal from such classification), whether due upon closing hereunder or
subsequent thereto.
7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT: The sale shall be closed no later than
fourteen (14) days after removal of contingencies in Section 4, unless the Closing
date is extended in writing by mutual agreement of the parties ("Closing"). When
notified, the Buyer and Seller will deposit, without delay, in escrow with Closing
Agent, all instruments and monies required to complete the transaction in
accordance with this Agreement. At Closing all documents will be executed and the
sale proceeds will be available for disbursement to the Seller.
S. CASUALTY LOSS. If prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, Buyer shall have
the option of terminating the Agreement.
Buyer's Initials C/ Seller's Initials )n Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
Page 4 of 34
(between City of Kent and Robert and Valane Matinlusst)
9. POSSESSION AND LEASE.
(a) Buyer shall be entitled to possession on the first day of the
month following Closing, subject to the Lease in (b) below (the "Lease").
(b) Seller and Buyer agree to execute at closing the Lease attached
and incorporated as Exhibit "D".
(c) Seller may remove ornamental plants from the Property until
December 1, 2010.
(d) Seller may salvage any and all building materials and fixtures
from the existing residence and out buildings (gargage, barn, cottage) on the
Property until fifteen (15) days after termination of the Lease.
10. SEPTIC SYSTEM. Seller represents that the Property is served by
private on-site sewage system(s) ("OSS").
(a) Seller represents that, to the best of Seller's knowledge, the
OSS serving the property does not require repair other than pumping and normal
maintenance; does not currently violate any applicable local, state, and federal
laws, standards, and regulations; and has no material defects.
(b) Seller will retain a licensed on-site system maintainer ("OSM")
to prepare a monitoring and performance inspection report of the OSS ("Operation
and Maintenance Report") and to complete the other requirements of King County
Health Code Section 13.60.030. Said inspection shall take place prior to the OSS
being pumped under Section 10(e) below. Within fourteen (14) days of mutual
acceptance Seller shall deliver to Buyer the Operation and Maintenance Report and
a copy of the maintenance records for the OSS, if maintenance records are
available.
(c) Seller shall deliver to Buyer, within fourteen (14) days of mutual
acceptance a copy of the previously recorded notice on title required by King
County Health Code Section 13.56.054.A. Within three (3) days of receipt, Buyer
shall provide Seller with a signed acknowledgment of receipt of the copy of the
recoded notice.
(d) At Closing, Buyer shall pay and authorizes the Closing Agent to
send to the King County health officer the necessary fee and a signed copy of the
notice on title as set forth in King County Health Code Section 13.56.054.A.
Buyer's Initrao�; Seller's Inrtials _V Sellers-inlvals 1
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
- Page 5 of 34
(between City of Kent and Robert and Valane Mahnlussi)
(e) Seller shall have the OSS inspected and, if necessary, pumped
by an OSS service company at Seller's expense. Buyer shall have the right to
observe the inspection. Seller shall provide Buyer with three (3) days notice of the
date and time of the inspection. Within fourteen (14) days of mutual acceptance,
Seller shall provide Buyer with a copy of the inspection report.
11. SELLER'S OBLIGATIONS. Seller agrees to:
(a) maintain the property in present or better condition until time of
agreed possession, reasonable wear and tear excepted, subject to Seller's rights
under Sections 9(b) - (d) above; and
(b) within seven (7) days of mutual acceptance, provide Buyer with
a copy of any written notice received by Seller from any governmental agency
regarding any violation of laws relating to the Property.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller
represents that to the best of his/her knowledge that he/she is not aware of the
existence of, or has caused or allowed to be caused, any environment condition
(including, without limitation, a spill, discharge or contamination) that existed as of
and/or prior to the Closing date or any act or omission occurring prior to the Closing
date, the result of which may require remedial action pursuant to any federal, state
or local law or may be the basis for the assertion of any third party claims,
including, claims of governmental entities. This provision shall survive the Closing
and be in addition to Seller's obligation for breach of a representation or warranty
as may be set forth herein.
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and/or other expenses which may be imposed upon or incurred by
Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with a breach of
the representations made in Sections 11 and 12 of this Agreement. This indemnity
shall survive the Closing.
14. NAME OF PARK. Buyer shall, consistent with City of Kent
Resolutations and Policies, consider naming a park on the Property "Shaniko Point
Park."
15. DEFAULT AND ATTORNEYS' FEES.
Buyer's Initials Seller's Initials Seller's Initials-
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010 v
- Page 6 of 34
(between City of Kent and Robert and Valane Mabnjusst)
(a) Buyer's Default. If Buyer defaults hereunder, other than with
respect to its obligation to indemnify and hold Seller harmless set forth in
subsection 4(f), Seller's sole monetary remedy shall be limited to damages in the
liquidated amount of the earnest money previously paid into escrow. Buyer and
Seller intend that said amount constitutes liquidated damages in order to avoid
other costs and expenses to either party in connection with potential litigation on
account of Buyer's default. Buyer and Seller believe said amount to be a fair
estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have
all the rights and remedies available at law or in equity, except that Buyer shall not
have right to specific performance of this Agreement.
(c) Attorneys' Fees and Costs. In the event of litigation to
enforce any of the terms or provisions herein, the prevailing party shall be awarded
its reasonable attorneys' fees and costs.
16. COMMISSIONS. Seller and Buyer both represent that they have not
engaged the services of a real estate agent or broker in this transaction and are not
liable for a commission to the same.
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.
18. 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,
personal service, or by facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Jeff Watling, Director
Parks, Recreation & Community Services Department
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Fax Number: (253) 856-6050
(b) All notices to be given to Seller shall be addressed as follows:
Robert and Valarie Matinjussi
11220 SE 204th Street
Kent, Washington 98031
Phone: ZA� jj5,7--6 90
Buyer's Initra Seller's Initials Seller's Initials (�"_)L.__
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 7 of 34
(between City of Kent and Robert and Valane Mabnjussi)
Either party hereto may, by written notice to the other, designate such other
address for the giving of notices as being 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 paragraph.
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.
22. EXPIRATION OF OFFER. Seller shall have until 5:00 p.m. on
September 17, 2010 to accept the Purchase and Sale Agreement as written, by
delivering a signed copy to the Buyer. If Seller does not so deliver a signed copy,
this Agreement shall lapse and all rights of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
Buyer's Initials _ Seller's Initials�`A Seller's Initials. 'v
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
- Page 8 of 34
(between City of Kent and Robert and Valane Matinlussi)
BUYER: SELLER(S):
CITY OF KENT ROBERT AND VALARIE MATINIUSSI
By: By: vlccl -I
Print a4e uzette Cooke Mayor Print Name: Robert Mat' ussi
S. M or Dated: to
Da ! !v
By:
Print Name: Valarie Matinjussi
Dated: Q /1-1 Iv-)
P\Cnd\Flies\Open Files\1532-Mantussi Purchase and Sale\Matinjussi Rea IEstatePurchaseAndSaleAgreementWithSellerCleanV3 docx
Buyer's Initials� Seller's Initials ] _ " 1 Sellers Initials P
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
- Page 9 of 34
(between City of Kent and Robert and Valane Matinlussi)
Exhibit A
Legal DescrWoo:
THE EAST 150 FEET OF WEST 300 FEET OF SOUTH 1/2 OF GOVERNMENT LOT 6,
TOGETHER WITH THE NORTH 360 FEET OF SOUTH 112 OF GOVERNMENT LOT 6 EXCEPT THE WEST
300 FEET,THEREOF,
TOGETHER WITH THE EAST 16 FEET OF WEST 316 FEET OF SOUTH 300 FEET OF GOVERNMENT LOT
6,SECTION 5,TOWNSHIP 22 NORTH,RANGE 5 EAST,WM
Prop"Addrea:
11220 SE 204th Street
Kent,WA99031
Tax Account Number:
052205-9066-06
Buyer's Initials Seller's Initials _ Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010 v
- Page 10 of 34
(between City of Kent and Robert and Valane Matinlussi)
Exhibit B
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Buyer's Initial _� Seller's Initials _ Seller's Initials _
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 11 of 34
(between City of Kent and Robert and Valane Matmlussi)
EXHIBIT "C"
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question
clearly does not apply to the property write "NA." If the answer is "yes" to any *
items, please explain on attached sheets. Please refer to the line number(s) of the
question(s) when you provide your explanation(s). For your protection you must
date and sign each page of this disclosure statement and each attachment.
Delivery of the disclosure statement must occur not later than five business days,
unless otherwise agreed, after mutual acceptance of a written contract to purchase
between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITIONS
OF THE PROPERTIES LOCATED AT 11220 SE 204th STREET, KENT, WASHINGTON,
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED ATTACHMENT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT.
UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE
BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS
DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR
SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR
TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART
OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
Buyer's Initials Seller's Initials Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 12 of 34
(between City of Kent and Robert and Valane Matmjussi)
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.
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 XlNo [ ] 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 K/No [ ] Don't know *C. Are there any encroachments,
boundary agreements, or boundary
disputes?
[ ] Yes P<'No [ ] Don't know *D. Is there a private road or easement
agreement for access to the property?
[ ] Yes kNo [ ] Don't know *E. Are there any rights-of-way,
Buyer's Initials -s' Seller's Initials ` Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 13 of 34
(between City of Kent and Robert and Valane Matinjussi)
easements, or access limitations that may
affect the Buyer's use of the property?
[ ] Yes VNo [ ] 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 [)eNo [ ] 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 (eNo [ ] Don't know *K. Are there any covenants, conditions,
or restrictions which affect the property?
2. WATER
A. Household Water
(1) The source of water for the property
is:
Private or publicly owned water
system
[ ] Private well serving on the subject
Property
[ ] Other water system
[ ] Yes [ ] No [ ] Don't know * If shared, are there any written
agreements?
[ ] Yes [ ] No [ ] Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and/or
maintenance of the water source?
Buyer's Initials C� Seller's Initials��V Seller's Initials_
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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(between City of Kent and Robert and Valane Matinlussi)
[ ] Yes [ ] No [ ] Don't know *(3) Are there any known problems or
repairs needed?
X"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 XNo [ ] Don't know (6) Are there any water rights for the
property associated with its domestic water
supply, such as a water right permit,
certificate, or claim?
[ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right,
permit, certificate, or claim been
assigned, transferred, or changed?
[ ] Yes [ ] No [ ] Don't know (b) If yes, has all or any portion of
the water right not been used for five
or more successive years? (If yes,
please explain.)
B. Irrigation Water
[ ] Yes [ ] No Xbon't know (1) Are there any irrigation water rights
for the property, such as a water permit,
certificate, or claim?
[ ] Yes [ ] No [ ] Don't know (a) If yes, has all or any portion of
the water right not been used for five
or more successive years?
[ ] Yes [ ] No [ ] Don't know (b) If so, is the certificate
available? (If yes, please attach a
copy).
Buyer's Initials Seller's Initials V 1� Seller's Incbals__
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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(between City of Kent and Robert and Valane Matinlussi)
[ ] Yes [ ] No [ ] Don't know (c) If so, has the water right
permit, certificate, or claim been
assigned, transferred, or changed? If
so, explain:
[ ] Yes PNo [ ] Don't know (2) Does the property receive irrigation
water from a ditch company, irrigation
district, or other entity? If so, please
identify the entity that supplies irrigation
water to the property:
C. Outdoor Sprinkler System
[ ] Yes p 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/SEPTIC 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.
Buyer's Initials o+C--- Seller's Initials V `vy Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
— Page 16 of 34
(between City of Kent and Robert and Valane Matmlusst)
[ ] 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?: (o
[ ) 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: RIA-A& ✓14,2
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:
nd6
[ ] Yes [ ] No Don't know F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes [ ] No KDon't know G. Is the on-site sewage system,
including the drainfield, located entirely
within the boundaries of the property? If no,
please explain.
Buyer's Initials Seller's Initials Seller's Initials—&bz
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
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(between City of Kent and Robert and Valane Matinjusst)
[ ] Yes 0,No [ ] Don't know H. Does the on-site sewage system
require monitoring and maintenance services
more frequently than once a year? If yes,
please explain:
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS
BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN
OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED
IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES.
4. STRUCTURAL
'} Yes [ ] No [ ] Don't know *A. Has the roof leaked?
Xyes [ ] No [ ] Don't know *B. Has the basement flooded or leaked?
[ ] Yes �6o [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
[ ] Yes [ ] No [ ] Don't know *(I) If yes, were all building permits
obtained?
[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained?
[ ] Yes [ ] No [ ] Don't know D. Do you know the age of the house? If
yes, year of original construction: qqj
[ ] Yes [ ] No P4 Don't know *E. Has there been an settling, slippage,
or sliding of the property or its
/ improvements?
[ ] Yes [ ] No n't know *F. Are there any defects with the
111 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 Saunas
Buyer's Initials Seller's Initials Seller's Initials�(1 f
REAL ESTATE PURCHASE AND SALE AGREEMENT 20 10
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(between City of Kent and Robert and Valane Matmlussi)
Sidewalks Outbuildings Fireplaces
-Garage Floors Walkways Siding
Other Wood Stoves
[ ] 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?
�es [ ] No [ ] Don't know I. Is the attic insulated?
[ ] Yes r'�No [ ] Don't know J. Is the basement insulated?
S. 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 WNo [ ] Don't know • Hot water tank
[ ] Yes KNo [ ] Don't know • Garbage disposal
[ ] Yes KA"`kNo [ ] Don't know • Appliances
[ ] Yes Xo [ ] Don't know • Sump pump
[ ] Yes KNo [ ] Don't know • Heating and cooling systems
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(between City of Kent and Robert and Valarie Matinjussi)
[ ] Yes o [ ) Don't know . Security system
1111'"'"`` [ ] Owned [ ] Leased
[ ] Other
*B. If any of the following fixtures or
property is included with the transfer, are
they leased? (If yes, please attach copy of
lease.) J�
[ ] Yes [ ] No [ ] Don't know Security system
[ ] Yes [ ] No [ ] Don't know Tanks (type):
[ ] Yes [ ] No [ ] Don't know Satellite dish
[ ] Yes [ ] No [ ] Don't know Other:
6. HOMEOWNDERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes 0�`No [ ] Don't know A. Is there a Homeowners' Association?
Name of the Association and contact
information for an officer, director,
employee, or other authorized agent, if any,
who may provide the association's financial
statements, minutes, bylaws, fining policy,
and other information that is not publicly
available.
[ ] Yes [ ] 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,
Buyer's Initials �— Seller's Initials� Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
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(between City of Kent and Robert and Valane Matinjussi)
pools, tennis courts, walkways, or other
areas co-owned in undivided interest with
others)?
7. ENVIRONMENTAL
[ ] Yes [ ] No Don't know *A. Have there been any drainage
problems on the property?
[ ] Yes [ ] No Don't know *B. Does the property contain 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?
04/yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands,
floodplains, or critical areas on the property?
[ ] Yes [ ] No �on't know *E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint,
fuel or chemical storage tanks, or
contaminated soil or water?
[ ] Yes [ ] No Don't know *F. Has the property been used for
commercial or industrial purposes?
[ ] Yes [ ] No >kbon't know *G. Is there any soil or groundwater
contamination?
Kly'es [ ] No [ ] Don't know *H. Are there transmission poles,
transformers, or other utility equipment
installed, maintained, or buried on the
property?
[ ] Yes [ ] No Won'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
Buyer's Initials 5<Z Seller's Initials]� _ Seller's Initials I L_
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
- Page 21 of 34
(between City of Kent and Robert and Valane Matinjussr)
/ illegal drug manufacturing site?
[ ] Yes [ ] No DJ Don't know *K. Are there any radio towers in the area
r that may cause interference with telephone
reception?
S. 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: wm-k--
Yes [ ] No [ ] Don't know *C. If alterations were made, were
permits or variances for theses alterations
obtained?
9. FULL DISCLOSURE BY SELLERS
�(Don't
A. Other conditions or defects:
Yes [ ] No know *Are there any other existing material
`- defects affecting the property that a
Y10`(3-\Y1_q prospective buyer should know about?
E. Verification:
The foregoing answers and attached
OYl PYCiL`� Y1Q��( explanations (if any) are complete and
correct to the best of my/our knowledge and
I/we have received a copy hereof. I/we
authorize all of my/our real estate licensees,
if any, to deliver a copy of this disclosure
statement to other real estate licensees and
all prospective buyers of the
property.
y
DATE: SELLER- ELLER:
Buyer's Initials Seller's Inrtials'nIn! Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 22 of 34
(between Gty of Kent and Robert and Valarne Matinjussi)
l
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: ELLER: v'�l
Buyer's Initials a Seller's Initials_ Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 23 of 34
(between City of Kent and Robert and Valane Mabnjussi)
Attachment "A"
Legal Description:
THE EAST I50 FEET OF WEST 300 FEET OF SOUTH ll2 OF GOVERNMENT LOT 6,
TOGETHER WITH THE NORTH 360 FEET OF SOUTH 112 OF GOVERNMENT LOT 6 EXCEPT THE WW
300 FEET,THEREOF,
TOGETHER WITH THE EAST 16 FEET OF WEST 316 FEET OF SOUTH 300 FEET OF GOVERNMENT LOT
6,SECTION 5,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.
Property Address:
11220 SE 204th Street
Kent,WA 98031
Tax Account Numbert
052205-9066-06
Buyer's Initials Seller's Initials Seller's Initials l +'V\01
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 24 of 34
(between City of Kent and Robert and Valarie Matinjuss7)
Exhibit D
LEASE AGREEMENT
This Lease is entered into the date fully executed by and between the CITY
OF KENT hereinafter called the "Owner", and ROBERT AND VALARIE
MATIN]USSI, husband and wife, hereinafter called the "Tenant".
1. PREMISES
The Owner leases to Tenant one house and the out buildings (gargage, barn,
cottage) and the surrounding grounds located on King County Tax Parcel No.
0522059066 and legally described in Attachment "A" attached and incorporated
into this Lease (the "Premises").
2. USE
Tenant shall use the Premises for personal residence purposes only. No use
shall be made of Premises, or act done in or about Premises, which is illegal,
unlawful, violates zoning codes, or which will increase the existing rate of insurance
for the Premises. Tenant shall not commit, or allow to be committed upon the
Premises, any waste or any public or private nuisance. Tenant will comply, at
Tenant's own cost and expense, with all reasonable orders, notices, regulations or
requirements of any municipality, state or other governmental authority respecting
the use of the Premises.
3. TERM
The term of this Lease shall begin upon the first day of the month following
Closing of the sale of the Premises between Owner, as buyer, and Tenant, as seller.
The sale was closed on , 2010. This Lease shall continue for six (6)
months. Tenant may terminate this Lease sooner upon giving Owner twenty (20)
days written notice prior to the end of the month.
4. RENT
A. Tenant shall pay monthly rent of $1,260.00 per month ("Rent") to
Owner on or before the first day of each month through the term of the Lease. The
first two (2) months of Rent are credited to Tenant as paid per the purchase and
sale agreement between the Owner and Tenant ("Purchase and Sale Agreement").
If this Lease is terminated prior to the expiration in Section 3, neither Owner nor
Tenant shall owe each other Rent for the unexpired portion of the term.Buyer's Initials Seller's Initials Seller's Initials_Pi, , /
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
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(between City of Kent and Robert and Valane Matinlussi)
B. In addition to Rent, Tenant shall pay leasehold tax, which at this time
is 12.84% (or $161.78 per month), to Owner on or before the first day of the
month during the term of the Lease. Leasehold tax will be due from Tenant for
the two (2) months of Rent that has been credited to Tenant from the purchase and
sale agreement.
C. Rent and leasehold tax shall be mailed to:
City of Kent
Customer Services
220 Fourth Avenue South
Kent, WA 98032
D. Tenant shall pay Owner a late payment charge equal to five percent
(5%) of the amount due for any payment not paid within five (5) calendar days of
when due. Any amounts not paid when due shall bear interest until paid at the rate
of one percent (1%) per month.
S. TAXES
Tenant shall pay any tax that this Lease, or the interest created thereby, may
be subject to at any time during the term of the Lease or renewal thereof.
6. RE-DELIVERY
Tenant, at the expiration of the term in Section 3, any extension of the term,
or upon any sooner termination of this Lease, will, without notice from Owner, quit
and deliver up the Premises to the Owner peaceably, quietly, and in as good order
and condition as the same now are or may hereafter be placed by Owner,
reasonable use and wear thereof excepted, subject to Tenant's rights as set forth in
the Purchase and Sale Agreement. As all of the structures on the Premises are to
be eventually demolished, the foregoing requirement for good order shall not apply
to structures upon their surrender.
7. TENANT'S OBLIGATIONS
A. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas,
garbage, electricity, etc.). It is the obligation of the Tenant to set up or continue
utilities services at the beginning of tenancy. Tenant is to pay the utility company
directly. The Tenant is obligated for all utilities until the last day of tenancy.
Buyer's Initials Seller's Initials Nim— Seller's Initials
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
- Page 26 of 34
(between City of Kent and Robert and Valane Matinlussi)
Tenant shall cause no liens of record to be placed upon the Premises because of
delinquent utility charges.
B. Fixtures: Tenant shall properly use and operate all electrical, gas,
heating (including fireplaces), and plumbing fixtures on the Premises. Tenant is
responsible for repair of any fixture if Tenant desires that the fixture be repaired,
regardless of the cause of the defect or malfunction.
C. Appliances: Tenant shall properly use and operate all appliances on
the Premises. Tenant is responsible for repair of any appliance if Tenant desires
that the appliance be repaired, regardless of the cause of the defect or malfunction.
D. Yard: Tenant shall, at his/her expense, maintain the Premises by
watering, weeding, and overall conditioning the lawn, shrubs, trees, and
landscaping.
E. Utility System: Tenant shall protect the plumbing system from
freezing and maintain the heating system, which includes regular changing of the
furnace filters if applicable.
F. Dangerous Conditions: Tenant shall immediately notify the Owner of
any dangerous condition that might lead to the impairment of the value of the
Premises.
G. Insurance: Tenant shall procure and maintain renter's insurance in
connection with Tenant's use of the Premises.
8. EXCEPTIONS FROM LEASE:
The following items will not be repaired or replaced by the Owner and remain
on the Premises only for the convenience of the Tenant: all out buildings
9. OWNER OBLIGATIONS:
Owner agrees to maintain the Premises according to the laws of the State of
Washington and Federal agencies, except that Owner shall have no obligation to fix,
repair, or replace any appliances, perform regular maintance, replace broken glass,
Buyer's Inibals d<Vli Seller's Initials _ SelleryInitials—
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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(between City of Kent and Robert and Valane Matin]ussi)
or paint structures. However, if a defective condition was caused directly or
indirectly by the Tenant, his/her family, guest, licensee, or any other person(s)
acting under the control or direction of Tenant, the Owner shall have no obligation
to repair said defect, and it shall be the Tenant's obligation to repair the defect at
Tenant's cost. The Tenant shall have no defense against the Owner to remedy the
defective condition. This applies also where Tenant unreasonably fails to notify the
Owner of the condition or allow Owner access to the Premises for the purpose of
repair.
10. ALTERATIONS
Tenant shall not make any alterations, additions or improvements to the
Premises, without obtaining the consent of Owner in writing first, which shall not be
unreasonably withheld. Owner does hereby consent to cosmetic alterations such as
painting. All alterations, additions and improvements that are made, shall be at the
sole cost and expense of Tenant. All improvements shall become the property of
the Owner except for improvements that Owner, at Owner's option, agrees are the
property of Tenant, or improvements that Owner requests Tenant remove at
termination. If the Tenant performs work with the consent of the Owner, Tenant
agrees to comply with all laws, ordinances, rules, regulations of the appropriate
governing authority. The Tenant further agrees to save the Owner free and
harmless from damage, loss or expense arising out of said work.
11. INDEMNIFICATION/HOLD HARMLESS
Tenant shall defend, indemnify and hold the Owner, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorneys' fees, arising out of or in connection with the
performance of this Lease, except for injuries and damages caused by the sole
negligence of the Owner. Should a court of competent jurisdiction determine that
this Lease is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Tenant and the Owner, its officers,
officials, employees, and volunteers, the Tenant shall be liable hereunder, except to
the extent the liability is attributed to Owner's negligence.. The provisions of this
Section shall survive the expiration or termination of this Lease.
12. LIENS
Tenant shall keep the leased Premises free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Tenant.
Buyer's Initials -- Seller's Initials � Seller's Initials_
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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(between City of Kent and Robert and Valarle Matinlussi)
13. ASSIGNMENT
Tenant shall not assign this Lease or any part thereof. Tenant shall not let or
sublet the home on the Premises. This Lease shall not be assignable by operation
of law.
14. ACCESS
Tenant will allow Owner or Owner's agents free access at all reasonable times
to the Premises for the purposes of inspection. This right shall not be construed as
an agreement on the part of the Owner to make repairs, additions, or alterations.
15. DAMAGE OR DESTRUCTION, REPAIR OR REPLACEMENT
In the event the Premises is damaged to such extent as to render the
Premises untenantable in whole or in a substantial part thereof, or is destroyed, the
Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it
shall be optional with the Owner to repair or rebuild the same. Owner shall have
not more than thirty (30) days after date of such notification to notify the Tenant in
writing of Owner's intentions to repair or rebuild the Premises, or the part damaged.
If Owner elects to repair or rebuild the Premises, Owner shall prosecute the work of
repairing or rebuilding without unnecessary delay. If Owner elects not to repair or
rebuild the Premises this Lease shall be terminated and Owner shall not be
obligated to provide Tenant another facility to lease.
16. NOTICES
All notices to be given by the parties hereto shall be in writing and may either
be served personally or may be deposited in the United States Mail, postage
prepaid, by either registered mail or by regular mail with certificate of mailing
obtained. Notices shall be mailed to the addresses below, or a later changed
addressed provided in writing to the party:
OWNER:
City of Kent
Attn: Parks & Community Services Director
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5700
Buyer's Initials Seller's Initials V ITV Sellers Initials_
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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(between City of Kent and Robert and Valane Matm)ussi)
TENANT:
Robert and Valarie Matinjussi
11220 SE 204" Street
Kent, WA 98031
Phone: •2i15'72
17. DEFAULT AND RE-ENTRY
If Tenant shall violate, default or not comply with any of the material
covenants, agreements or provisions of this Lease, then the Owner may cancel this
Lease upon giving the notice required by law, and re-enter the Premises, using such
force as may be required.
The failure of the Owner to insist upon strict performance of any of the
covenants and agreements of this Lease, or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such, or any other covenant or agreements, but the same
shall be and remain in full force and effect.
18. COSTS AND ATTORNEYS' FEES
If by reason of any default on the part of Tenant it becomes necessary for
the Owner to use an attorney, or if Tenant shall bring any action for any relief
against Owner, declaratory or otherwise, arising out of this Lease, each party shall
be responsible to pay its own attorneys' fees and costs.
19. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the Premises, the
Owner shall have the right, but not the obligation, to remove from the Premises all
personal property located therein. Owner may store the same in any place selected
by Owner, including but not limited to a public warehouse, at the expense and risk
of the owners of the personal property, with the right to sell such stored property in
accordance with Chapter 59.18 RCW.
20. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the
covenants and agreements of this Lease shall be binding upon the heirs, legal
representatives, successors and assigns of any or all of the parties hereto.
Buyer's Initials P-4=— Seller's Injtials�� Seller's Initials ^y
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
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(between City of Kent and Robert and Valane Matinlussi)
21. HOLDOVER
If the Tenant shall, without the written consent of Owner, holdover after the
expiration of the term of this Lease, such tenancy shall be for an indefinite period of
time on a month to month tenancy, such tenancy may be terminated as provided
by the laws of the State of Washington. During such tenancy Tenant agrees to pay
to the Owner 110%($1,386) per month of the rent paid prior to Tenant holding over
plus 100% leasehold tax on the rent and to be bound by all of the terms,
covenants, and conditions of this Lease, so far as applicable.
22. SUBORDINATION '
Upon Owner entering into any financing or refinancing affecting the Premises,
Tenant agrees to execute documents within three (3) days of the request of Owner
to subordinate this Lease to any mortgage, (or deed of trust or other security)
granted to a financing institution or other secured party or entity.
The foregoing conditions are mutually agreed to by the Owner and the
Tenant.
TENANT(s): OWNER:
CITY OF KENT
e\
Print Name: 4V ri t N e: Suzette Cooke
Date:��0 I M r
ate: o ell-
.a
Initials Seller's Initials Seller's 1aitials I V
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2010, before me a Notary Public in and for the
State of Washington, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument and acknowledged it to be his/her free
and voluntary act and deed for the uses and purposes mentioned in this instrument.
Buyer's Initials Seller's Inrtials� Seller's Initials-
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby 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 is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
Buyer's Initials w Seller's Initials
Seller's"fntals�
REAL ESTATE PURCHASE AND SALE AGREEMENT2010
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Attachment A
Legal Description:
THE EAST 150 FEET OF WEST 300 FEET OF SOUTH 1t2 OF GOVERNMENT LOT 6,
TOGETHER WITH THE NORTH 360 FEET OF SOUTH 112 OF GOVERNMENT LOT 6 EXCEPT THE WEST
300 FEET,THEREOF,
TOGETHER WITH THE EAST 16 FEET OF WEST 316 FEET OF SOUTH 300 FEET OF GOVERNMENT LOT
6,SECTION 5,TOWNSHIP 22 NORTH,RANGE 5 EAST,W_M
Property Address:
11220 SE 204th Street
Kent,WA 99031
Tax Account Number:
052205-9066-06
Buyer's Initials� Seller's Inrtials—ym Seller's Initials (Z-
REAL ESTATE PURCHASE AND SALE AGREEMENT 2010
- Page 34 of 34
(between City of Kent and Robert and Valane Matinjussl)
REQUEST FOR MAYOR'S SIGNATURE
•NT Please Fill in All Applicable Boxes
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Routing )riformatton (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Ori inator: Brian Levenhagen phone (Originator): x5116
Date Sent: 9-24 10- - rr ," Date Required: 10-1-10
Return Signed Document to: Brian Levenhagen CONT RACT TERMINATION D
F��i � DO NAME: Hatinjussi Purchase & sales DATE OF COUNCIL APPROV : 7/6/10
reemert
Brief Explanation of Document:
P-lease-review the attached=Purchase and Sales Agreement between the City of Kent and Robert
and Valane Matinjussi. _
Once approved,please=send to Jeff Watling in--order for-him to hand-dejrver-it-to-the-MayG for
sigratire.
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All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
i
Received:
Approval of Law Dept.: SEP 2 7 2010
. L
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received. ---
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Recommendations and Comments:
LIi L. iJ '�✓l' �
Disposition:
C'`, C ^,-NT
Date Returned:
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Form 22V ®C'apyripnE 2W3
Buyers nt�tarellon Nonhwest Muldple UrthV Service
Rev.3W ALL RIGHTS RESERVED
Peyes 1 of 1
KIND COUNTY FORM—
BUYER'S DECLARATION OF RECEIPT OF COPY OF ON-SITE SEWAGE
SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS
Pursuant to section 13.56.0548 1 cf the King County Board of Health Orraite Sewage Regulations,Buyerl
declares that Buyer reoerved a copy of Seller's Mo a 4 Orfrie Sewage System Operation and2
Maintenance Requlrement��t(��iigg��NNggE "J dated r - ICJ recorded under3
document numbW,X(0II I LUD4%' of the official records of King County, State of Washington.d
Buyer shall pay the Operation and Maintenance Program Fee asset forth in King County'a fee scheduie,5
as that fee may be alnandad from time fo time. 8
7
g r D e Buyer Date 8
a
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•RETURN ADDRESS
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PRCIFIC NU TIT O55 66 00
PAGE-001 OF 00S
KING COUNTY, LIR
Please print neatly or type information e r r
Document Title(s) ' I
Notice of on site Sewage System PAC}FIGNORTHWEST T1TL� j
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Reference Number(s)of related documents r'
Additional ReferEnce is on page
G rantor(s)(Lust,First,and.Middle Inman
I
M a l i n�yT•„e�,y,,,-$�hr�r t M_ - - --
Additional grantors on page
Grantees(s)(Last,First,{Middle Inkii's
THE PUB C' '
- 1
City of Kent
w ` Additional a
grantees on,pa&e
Legal escrlpt n(abbrevlated form.Le.tot,block plat ar section,lownsbip,range,quarter/quarter)
Addi"nal legal is op page
Assessor's Property Tax Parcel/Account Number O
Additional patcel,#'sbn page
The Audi Wr/Recorder will rely on the infomunon prov,ded on this Conn 71m staff wdl not twd the documents to verify lheIDccuncy or
completeness of the indexing mfomainon provided herein
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NOTICE OF ON-SITE SEWAGE SYSTEM
OPERATION AND MAINTENANCE REQUIREMENTS
,r
,AssMojrsTax`11arcellD#-. 052205 9066 06
UWc(print) ci`r%prt M Mati II] t�si� and * are the owners of real property within
King County,winch is legally described as follows-
See attached "txhibit A"
I '
* Valarie tf Matinjus1l.
2 The above-describptl real property is served by art on-site sewage system("OSS').
3. The Code of the King County ;Board of Health, Section 13 60.005 establishes certain
responsibilities of the OSS owner with respect fo the operattoat and maintenance of an On-site `
Sewage System, as follows
I
A. The OSS owner is responsible for the continuous-proper operation and maintenance of the
OSS, and shall•
1. Determine the level of solids and scum jai the septic tank'at least 'once every three (3)
years for residential system with no'garbage grinder and once every year'if a garbage
grinder is installed and, unless otherwise provided in writing by the health officer,
once every year for commercial systems
2 Employ an approved pumper to remove the septage fro-m the tank when the level of
solids and scum indicates that removal is necessary.
3.,'Cause preventive maintenance/system performance monitoring inspections to be
conducted and any indicated service to be performed by an approved person at a
minimlim,frequency in accordance with Table 13-60-1 unless otherwise established by
the health officer or the sewage review committee.
Table 13 60-1
Minimum Fre uencvof Preventive Maintenance/Perfonnance Monitonn
Gravity Public Domain propriciary Coimncrcnl and Non-Discharging ,
S stcni, Tcchnologr Tcchnologyi i too4 Psbbhshmrnu Toilctsi
Initial Inspectiom 6 months 6 months 45 day$ 45days N/A 1
Regular Inspection Every3 years Annually Every 6 Anntraily or Annually
Frcgeenry months Every 6 months
Who May Perform Owner, Licensed Licensed Licensed Owner i
the Inspection Licensed Maintainer Maintainer Alamtalner
Maintainer or
Licensed OSS
Pum r
Table 13 60-1 Explanatory Notes
1 The initial inspection is to be performed at the hme interval indicated following occupancy. ,
2 Pubic domain technology includes such systems as.mounds.intermittent sand!dters and pressure distribution. •••"'
3 Proprietary Technology includes such systems as ATUs,Glendon up-flow filters,Advantex pack bed fitt@rs and subsurface `r-••
dnp..
4 Al least an annual septic tank maintenance check is required if the structure served is equipped with a garbage grinder 4„
waste disposal unit If a screened outlet baffle Is present an annual check is recommended Pumpers shalt report each, ,r
pumping
event to the health officer in accordance with BOH chapter 13 6&.
' k
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4
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5,-rable 13 60-1 specifies the minimum required monitoring frequency Amore stringent monitoring frequency shall be used if
fecommended by the manufacturer
fi itils monitoring is in addition to that required for the CSS receiving the building's non-toilet fiquid waste.
(KC30ri
Note'about Monitoring Frequency The above table reflects the King County BOH Title 13 code
dated September 2008 The King County BOH Title 13 code is subject to change.
4. Operate and maintairi all OSS in accordance with this title, with pertinent alternative
system guideimts issued-by the DOH [State of Washington Department of Health] and
with the approved OSS owtter''s-operating and maintenance instruction manual. a
5':. Protect the OSS area,including,the,reserve area from:
a,'Cover by structures or impeivious material;
b. Surface drainage, l
c. $oil waipaction, for example, by vehicular traffic or livestock; and
d Damage by sod removal andgrade alteration. ±
6. Maintain the flaw of sewage to the OSS at or below the approved design both in
quantity and waste strength I
7 Direct drains, such as footing or roof drains away fb m the area where the OSS is
located
B. The'awner Shall not allow:
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a a • i
101. Use or introduction of strong bases, strong acids or organic solvents into an OSS for
the purpose of system cleaning,
I. Use of a sewage system additive unless it is specifically approved by the DOH; or
—3." Use of an OSS to dispose of waste components atypical of residential wastewater, for
example, but not limited to, petroleum products,paints, solvents, or pesticides.
4. Note about Operation and Maintenance Program Fee' Rules and Regulations 02-01, amendment to
the Code of the King County Board of Health, states, "At the time of sale or transfer of property
ownership, the buyer or transferee of a property served by an OSS shall forward to the health
officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set
forth to Section 13 56.054A." .This fee is W,00 per the Rixibs and Regulations 02-01, effective
June 17, 2002
' l
Dated this day ofv""�w+� ��
(month) {year)
All
(Owner's signature) (Owner's sgnaaget)
STATE OF WASHINGTON )
rr.
I
)SS
COUNTY OFF KING )
On this vi day of V9&A/h /y r y ,before me personally
1
appmonth
earedAA ) ,y h og�yl to me
known to be tfke individual(s)described in and who executed the foregoi iq instrument as
his/herltheir free and voluntary act and deed for the uses and purposesherein
stated.
Given under my hand and pfficia(s veal th4,�' day of 4 NU't�'f/ 1
(monrh) (year)
`
NOTARY PU C to and f_ th State of Washington
=yo� Or ,� � Notary Public i o e State'of Washing
ton
s' ��I 1 . _ .t Residing at
My Comttais5i n Ekpires +Z _
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Exhibit A
Legal DeseripHoa:
THE EAST I50 FEET OF WEST 300 FBET,QF SOUTH M2 OF GOVERM M'Tr LOT 6,
TOGETHER WITH THE NORTH 360 FEET OF SOUTH It2 OF GOVERNMENT LOT 6 EXCEPT THE WEST
300 FELT,THEREOF,
TOGMlf3tR KITH THE EAST F 6 FESI'OP WES'i}I o FEbI OF SOUTH 300 FEET OF GOVERNMENT LOT
6,SECTION 5,TOWNSH7,22 NORTH,RANGE 5 EAST,WiM.
***END OF EXHIBIT A***,
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STATUTORY WARRANTY DEED - Page 4 of 5 `
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4000 REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
`� KENT
w.,H,.
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Kim Adams Pratt Phone (Originator): x5786
Date Sent: 11/15/10 Date Required: 11/15/12
Return Signed Document to: Kim Adams CONTRACT TERMINATION DATE:
Pratt/Cheryl Rolcik-Wilcox E
VENDOR NAME: Matin ussi DATE OF COUNCIL APPROVAL: 7/6/2010
Brief Explanation of Document:
For the Matinjussi Purchase (Panther Lake). This document acknowledges the Seller i
gave the City the form regarding operations and maintenance of the septic system. 1
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All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department) RECFj, Er,
Received: NOV 5 2010
Approval of La� Dept.. f'
Law Dept. Comments:
-6 Jf tl,-a r.ha
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff `
Received:
Recommendations and Comments: !�y�
Disposition: //// kIf d �d " 4
'Rol 1 r
Date Returned:
%A ✓` ��