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HomeMy WebLinkAboutCAG2021-227 - Original - Robert & Sally Mendel - Mendel Property Acquisition - 05/11/2021Agreement Routing Form For Approvals, Signatures and Records Management - This form combines & replaces the Request for Mayof's Signature and contract cover sheet (Print on pink or cherry colored paper) FOR C:TY OF KENT OFFICIAL USE ONLY Sup/Mgr: Dir Asst: DirlDep: forms.KENT (optional) WASHTNGToN o ol-o.o, Originator: Lynn Osborn for BrYan Higgins Department: Parks, Recreation & Community Services Date Sent: 05/LL/2O2t Date Required: Earliest possible Please Authorized to Siqn: Director or Designee Mayor ,/ Date of Council APProval os/04/2027 Budget Account Number: PZLO72 Budset? ffivesf]tto cranti!ves[lNo Type: N/A co y IE ELorl E*,g o EooL u| Vendor Name: Mendel, Robert and SallY Cateqory: Purchase/Sale Vendor Number:Sub-Category: Original Project Name: l4spdel Property Acquisition project Details: Real Estate purchase and Sale Agreement for the Mendel property located at l002BSE26TthStreet,KingCountytaxparcel#29220.9210 Agreement Amount: $900, 000. 00 srarr Date: U pon fina I sig natu re Basis for Selection of Contractor: Othef * Memo to Mayor must be attached Termination Date: N/A Local Business \6x /fmeers req uirements per KCC 3./0.100, ptease conplete "Vendor Purchase'Local Exceptions" fom on C.iryspace' Business License Verification:f]vur[ rn-Process!Exempt (KCC s.01'04s) Notice required prior to disclosure? lves[]No Contract Number: Comments: Mayor, please initial all pages, but only sign page 10 of the agreement' The seller will re-present Exhibit C fully signed by the seller (Mr, Mendel forgot to sign) within the time period required (10 bness days). Once that occurs, then the City will evaluate Exhibit C (w/in 5 bness days) and determine whether the disclosures are acceptable to proceed or if the City will rescind the offer' Date Received by City Attorney: 5llll2l Date Routed to the MaYor's Offrce: Date Routed to the C;ty Clerk's Office: CNg 'P =\.o a* ot=E,i Gtr Ol ttt ad3lJ/n3l],)_20 Visit Documents.KentwA.gov to obtain copies of all agre rev.20210219 CAG2021-227 8.O KENT lV^9BrNgron DATE: TO: SUBJECT: May 4, 2021 Kent City Council Mendel Property Acquisition - Authorize SulrltrlAR.y: The Mendel property is approximately three acres in size and located at 1002g s.E. 267th Street in the scenic Hill neighborhood of Kent and is known as King County Tax Parcel No. 292205-9210. t.al : s. at ' i 4qr3r l: Jt,, I :-rbrn . l,;orrr , ': .l. sLtttth5r ' StroI,,,.? . Mill Creek Eart *Park - - ,3f?or |ili.:t t ifl!iti' . Jrrslr6att a aif{e jr{!rt )./. dr6r!l l8!6 I I l a a dae{ t 14: I adf trt 't' I .l,o.ll! ,rcit*t ociP" dsir i a I Jfrfl Packct Pg.${ lroTro N Auth ortze the Mayo r to take action necessa ry an d stg n all o28 s .=26 7thdocumentstopurchasetheMendelpropertytlocatedat1o Street tn the City of Kent,fo r $eoo,ooo,pl us cl osr n9 costs,a nd s ubje ct to fi n al pu rc hase termg and co n d iti on s a cceptab le to the Parks Director a nd .'dv ,, J$!{. rl!'! : u.ll',,,dJ .r3.9 o,,,1]l ,d9:. ',r4lt , 'a;|| ''j! alLooll This acquisition will allow the city to connect the Mill Creek Canyon Trail-thr.ough to the easi hill of Kent and construct a trail head park at the south end of Mill Creek Canyon. This long-term goal has been in city planning documents dating back to tt" igOo,s. Half 6f tne p-urchase price will be funded through a grant awarded to the City of Kent in 2020 through the King County Conservation Futures Tax' BUDGET IMpACT: Expense impact to the Parks Land Acquisition capital budget 8.e Pac*ot P1.96 SUPPORTS STRATEGIC PLAN GOAL: Innovativ€ Government - Delivering outstanding customer servlce, developing leaders, and fastering innovation. Evolvino Infrastrucfurc - Connecting peopte and places through stratryic investments in physical a n d technolog ical i nfrastru ctu re' Thrivino Cihr - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. E$fainelrlc.$eEicE - Providing gualitY services through respnsible frnancial managementl economic growth, and partnerships. Inclusive Commsnitv - Embracing our dlversity and advancing equity through genuine community engagement. ATTACH1IENTSI 1. Mendel Property Acquisition-EXHIBIT (PDF) Committee of the Whole RECOMMENDED TO RECOlltrlEItlDED TO COUNCIL BY CONSENSUS ilexe 5/4/2O21 7:OO PM o4l27lzL COUNCTL BY CONSENSUS RESULT: 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 Robert and Sallv Mendel ("Seller"), whose mailing address is 10028 SE 267th Street, Kent, Washinqton 98030 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 202205-92L0, approximately 98,010 square feet in size and located at 10028 SE 267th Street, Kent, WA (the "property"). The Property is legally described in Exhibit"A"and depicted in Exhibit "B", both of which are attached and incorporated' 2. EARNEST MONEy. Within 10 business days of mutual acceptance of this Agreement, Buyer shall deposit with Rainier Title Insurance Company (the "Escrow Agent,'), the sum of Ten Thousand Dollars and No/100ths ($10,000.00) in the form of a check, as 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 Nine Hundred Thousand Dollars and NO/lOOths ($9OO,OOO.OO), which amount includes the Earnest Money, payable on 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 L7, a completed Real Property Transfer Disclosure Statement (..Disclosure Statement") in the form attached as Exhibit "C". If Seller fails to deliver ,niriA"@ Setler's Initiai-ewSeller'sBuyer's Real Estate Purchase and Sale Agreement Page 1 of 26 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. 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 may be 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 Buyer's rnOor"M d Seller's Setter's rnitiagJDz!/ Page 2 of 26Real Estate Purchase and Sale Agreement 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, 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. 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. Notwithstanding the foregoing, if Buyer chooses to proceed to Closing, nothing in this Agreement shall be construed as a waiver of any claims Buyer may have regarding environmental conditions at the Property, including without limitation claims under RCW 70A.305.080' Buyer's tnitntfu- seller's Real Estate Purchase and Sale Agreement Seller's Initiag2&'// Page 3 of 26 5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects, except those described in Schedule B, Part II, Special Exceptions paragraph(s) 3, 4, and 13 of Rainier Title Report Number 749951RT, dated Feb,2t,20Ig, described in the attached and incorporated Exhibit ..D", or the corresponding Special Exceptions in an updated report. 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 reasonable use of the Property shall be permitted. All monetary encumbrances and special exceptions listed in Exhibit "D", 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 Rainier Title, 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 Excise Tax, if applicable, shall be paid by Seller, Buyer and Seller shall split the escrow fee' 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 t 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, this sale shall be closed on or before 5roo Buyer's rnitiatfl,2-.Seller's InitiatsM Real Estate Purchase and Sale Agreement Seller's Page 4 of 26 pM on Wednesday, November LO,2O2l,, which shall also be the termination date of this Agreement, unless said Closing date is extended in writing by mutual agreement of the parties; provided, however, that Seller may, upon 30 days'written notice to Buyer, advance the Closing Date to a date in Seller's discretion that is not less than 30 days after Buyer's release or waiver of its feasibility study' In addition to the Mayor, the Parks 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. 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. g. 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, except with respect to Seller's salvage rights as described below; b. that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property; c. that Seller is in possession of the Property and the Property is not subject to any lease or rental agreements. !2. 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 sp ill, discharge or contamination) that existed as of andlor prior to Buyer's nniafu Seller's Seller's Initials EDM Real Estate Purchase and Sale Agreement Page 5 of 26 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. As provided for in Section 4, the Buyer's satisfaction or waiver of the feasibility contingency and election to proceed to Closing shall not be construed as a waiver of any claims Buyer may have regarding environmental conditions at the Property, including without limitation claims under RCW 70A,305,080' 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: Iintentionally deleted]. L4. DEFAULT AND ATTORNEY'S FEES. a. Buver'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 Qefault If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. c. Attornev's Fees and Casts. 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 Buyer's tnniaBd2- setler's Real Estate Purchase and Sale Agreement se t I e r's r n i ti a t sJzlzlLu Page 5 of 26 ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. 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. L7. 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 : Julie Parascondola Parks, Recreation, & Community Services 220 Fourth Avenue South Kent, WA 98032 J Pa rascondola @ KentWA. qov Fax: 253-856-6050 And to: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 CitvClerk@KentWA.oov Fax: 253-856-6725 (b) All notices to be given to Seller shall be addressed as follows: Robert and Sally Mendel 10028 SE 267th Street Kent, WA 98030 Buyer's With copies to: John M. Casey Curran Law Firm, P.S. 555 W Smith St. Kent, WA 98032 jcasgq.@ cu rra nfi rm' co m nitnrcM- setter's tnitiatsW Real Estate Purchase and Sale Agreement Seller's PageT of 26 (c) All notices to be given to Escrow Agent shall be addressed as follows: Rainier Title Insurance ComPanY Kent Escrow Office 20435 72nd Avenue South, Bldg. 3, Suite 155 Kent, WA 98032 kentescrow@ ra i n i erttle=eo m Telephone : 253-216-0240 Either party hereto ffidy, 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. 1g. cITy couNcIL ACTION. The Kent city council authorized this property acquisition on May 4, 202L, by its approval upon Council action at its regularly scheduled Council meeting on that date. 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. 28. BINDING EFFECT AND SURVML. 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, FORCE MAJEURE, Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor disturbance, order of any government, court or regulatory body having jurisdiction, Buyer's nnirtN-Seller's Selter's tnitialsiWz Page 8 of 26Real Estate Purchase and Sale Agreement or any similar cause beyond the reasonable control of the party who is obligated to render performance. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 24. EXPIRATION OF OFFER. The offer provided for in this Agreement shall expire at 5:00 p.m. on Friday, May L4, 202L, unless this Agreement is fully signed by both the Buyer and the Seller prior to that date and time. If this Agreement is not fully signed by that date and time, this Agreement shall lapse and all rights of the parties hereunder shall terminate' 25. AS-IS SALE. Except as otherwise provided for in Section 4 and Section t2 of this Agreement, and except as further warrantied by Seller's through a Statutory Warranty Deed, upon satisfaction or waiver of Buyer's feasibility period and inspections, and should Buyer close this purchase, the land and structure are sold in their AS-IS, WHERE IS condition, with seller making no representations or warranties about the structure, the property, or condition of either. Except as otherwise limited herein, Seller makes no representations or warranties and shall not in any way be liable for any representations or warranties with respect to: (a) the dimensions, size, acreage, or harvestability of timber on the premises; (b) the existence of encroachments onto adjacent properties or onto the Property from adjacent properties; (c) the condition of the premises or any buildings, structures or improvements thereon or the suitability of the premises for habitation or for purchaser's intended use or for any use whatsoever; (d) the availability or existence of any water, sewer or utility rights; (e) the availability of water, sewer' or other utilities; (f) access to any water or public or private sanitary sewer system; or (h) rights to and access to public roads. Buyer acknowledges to Seller that Buyer has, or Buyer's Seller's Seller's Initiats@' Page 9 of 26Real Estate Purchase and Sale Agreement will by the end of its feasibility or inspection contingency, fully inspected the Property and assumes the responsibility and risks of all defects and conditions, including such defects and conditions, if any, that cannot be observed by casual inspection consistent with the provisions and exceptions provided for within this Section 25. 26. SELLER'S SALVAGE RIGHTS. Given that Buyer intends to demolish the structure, Seller may remove the items at Exhibit *E" to this Agreement from the Property prior to turning over possession to Buyer. Seller shall remove no windows, exterior doors, or anything that would render the structure susceptible to vandals, squatters, trespassers, or the weather. Seller shall lock the doors and windows and leave the structure secure at time Seller turns over possession to Buyer' 27. SELLER'S INTENT. It is Seller's intent in entering into this transaction that Buyer will develop the Property as a park or trail for the citizens of Kent to enjoy. Seller asks that Buyer consider naming the future park after fallen Kent Police Officer Diego Moreno. Both of these statements are aspirational on the Seller's behalf and are not to be understood as conditions or restrictions on the title to be conveyed at Closing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: CITY OF KENT m e: Dana Ralph Ken City Clerk Title: Dated: Mavor b \r nitarM D TO FORM: C rney Buyer's Seller's Seller's rnitiars/22F Page 1O of 26Real Estate Purchase and Sale Agreement SELLER: By Ro ert Dated:s-//-z/ Buyer,srrrnro@ seiler's Real Estate Purchase and Sale Agreement Dated:0 - tt-40 u\ SELLER: By Sal v Setler's tnitialsJ2F Page 11 of 26 EXHIBXT A LEGAL DESCRIPTION The West 3 acres of the following described property: The North three-quarters of the Northwest quarter of the Southwest quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the North 595 feet; AND EXCEpT the South 30 feet conveyed to King County for road by deed recorded under Recording No. 5323915; AND EXCEPTING from said West 3 acres, the West 90 feet thereof; Situate in the County of King, State of Washington. Buyer's SellerBrnitia&rnitiabjw EXFIIBIT A - Real Estate Purchase and Sale Agreemen Seller's Page 12 of 26 EXHIBIT B PROPERTY DEPICTION Fllc Numbcr: 7tf996lRT * I i.- F..-. i & 316rth t--t" I l-l - i-t ti{}ft KENT tc T'" II Buyer's Seller's,rrr'rrtr"@-Selter's InitialsJW Page 13 of 26 t N EXHIBIT B - Real Estate Purchase and Sale Ag LOCATED AT ASLEGALLY EXHIBIT C 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 prof*y *rit" "NA." If the ariswer is "yes" to any * items, please explain on attached sheets. Please refer to the line n"rnU"(O of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure staiernent and each attacirment. belivery of the disclosure statement must occur not later than irvi business days, unless otherwise agreed, after mutual acceptance ofa written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWINGDISCLOSI-IRES ARE MADE BY SELLER ABOUT TI{E CONDITION OF THE PROPERTY Kent, WA 93018 ("TI{E PROPERTY"), OR ON ATT E)GIIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BLTYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF TI{E PROPERTY AT TI{E TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. LINLESS YOU AND SELLER OTIIERWISE AGREE IN WRITING" YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND TI{E AGREEMENT BY DELTVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF TI{E SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THENYOUMAYWAIVE TTIERIGHT TO RESCINDPRIORTO ORAFTERTFIE TIME YOUENTERINTO A SALEAGREEMENT. TIIE 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 T}IE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED E)(PERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCFTITECTS, ENGINEERS, LAND SURVEYORS, PLI'MBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTIJRAL 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' I Seller Y, isl-is notoccupyingtheproperty. I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if uuailable and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE s,[]No[]Don'tknow T4$o [ ] Don'tknow A. Do you have legal authority to sell the properfy? If no, please explain' *B. Is title to the property subject to any of the following? (1) First right of refusal tl Yes Buyer's Seller's Set le r's I n itia I si?lfuU/ Page 14 of 26EXHIBIT C - Real Estate Purchase and Sale Agreement tl Yes I] Yes I] Yes I] Yes tl Yes I] Yes tl Yes tl Yes I] Yes No Son't tno* f(olo tlDon'tknow K*o t I Don'tknow p$" t I Don'tknow (*o t I Don'tknow K*o [ ] Don'tknow }(No []Don'tknow b(No t I Don'tknow Df-\ro tlDon'tknow (2) Option (3) Lease or rental agreement (a) Life estate? *C. Are there any encroachments, boundary agreements, or boundary disputes? *D. Is there a private road or easement agreement for access to the property? *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyeds use ofthe proPertY? *F. Are there any written agreements for joint maintenance of an easement or right-of-way? *G. Is there any study, survey project, or notice that would adversely affect the property? *H. Are there any pending or existing assessments against the property? *I. Are there any zotingviolations, nonconforming uses, or aly unusual restrictions on tle propirty that would affect future construction or remodeling? *J. Is there a boundary survey for the property? *K. Are there any covenants, conditions, or restrictions recorded against the property? (1) The source ofwater for the property is: [6 Private or publicly owned water system I lPrivate well serving only the subject properly * [ ] Other water system *If shared, are there any written agreements? *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? *(3) Are there any problems or repairs needed? (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain. *(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned *(6) Are there any water rights for the property associated with its domestic water supply, such as awater right permit, certificate, or claim? (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? *(b) Ifyes, has all or any portion ofthe water right not been used for five or more successive Years? *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? (1) Are there any inigation water rights for the property, such as a water right permit, certificate, or claim? 2. WATER A. Household Water r1 Yes tl Yes I] Yes }{- tl Yes tl Yes tl Yes I] Yes tl Yes []No []Don'tknow Xl"o [ ] Don'tknow XNo t I Don'tknow []No[]Don'tknow X*o []Don'tknow (*o t I Don'tknow []NotlDon'tknow []No[]Don'tknow D{r*o tlDon'tknow B. Irrisation Water !l- I4{u"[]Don'tknow ,nrrrr&Buyer's Seller's Selter's tnitialslM/ Page 15 of 26EXHIBIT C - Real Estate Purchase and Sale Ag I I t I No t I Don't know *(a) If yes, has all or any p_ortion of the water right not been used for five Yes or more successive Years? I I t I No t I Don't know *(b) If so, is the certificate available? (If yes, please attach a copy.) Yes t I t I No t I Don't know *(c) If so, has the water right permit, certificate, or claim been assigned, Yes fansferred, or changed? t I D(*o t I Don't know *(2) Does the property receive irrigation water from a ditch company, irigation y"r 7 -\ district, or other entity? If so, please identifu the entity that supplies water to the proPertry: C. Outdoor Sprinkler System t I D("o t I Don't know (l) Is there an outdoor sprinkler system for the property? Yes t I I I No t I Don't know *(2) If yes, are there any defects in the system? Yes t I t I No t I Don't know *(3) If yes, is the sprinkler system connected to irrigation water? Yes 3. SEWEWON.SITE SEWAGE SYSTEM A. The property is served by: [ ] Public sewer system, p4 On-site sewage system (including pipes, tanks, drainfields, and all other bomPonent Parts) il vf*o rrDon,tknow " "rt#n"Ji::tr$#::'ft:'",T:ffi[Ttheproperrv,isthehousev"r F\ connected to the sewer main? If no, please explain' t I $J\fo [ ] Don't know *C. Is the property subject to any sewage system fees or charges in addition to Yes *:i"H#:rrmy regularlv billed sewer or on-site sewase svstem D. If the property is connected to an on-site sewage system: t I I I NoH Don't know *(1) Was a permit issued for its construction, and was it approved by the local y.* 7 \ health department or distict following its construction? (2) When was it last PumPed? tl Yes [ ] No{Don't know *(3) Are there any defects in the operation of the on-site sewage system? [ ] Don't know (4) When was it last inspected? }(Don't kno* By whom: (5) For how many bedrooms was the on-site sewage system approved? bedrooms b( Yes X, t I No t I Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on- site sewage system? If no, please explain: . . . . I ] No t I Don't know *F. Have there been any changes or repairs to the on-site sewage system? )d t I No t I Don't know G. Is the on-site sewage system, including the drainfield, located entirely within alt the boundaries of the property? If no, please explain' t I _[d*o [ ] Don't know *H. Does the on-site sewage systgm require monitoring and maintenance services Vis - \ more frequently than once a year? NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, TI{E SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FD(TURES Buyer's Seller's rnitiaBjuyh/ EXEIBIT C - Real Estate Purchase and Sale Seller's Page 16 of 26 4. STRUCTURAL tl MNo[]Don'tknow Yes tl Yes * tl Yes tl Yes tl D(wo 1l Don'tknow []No[]Don'tknow [ ] No{Don'tknow []No[]Don'tknow t I No)$Qon'tknow Y,es.(| tlNotlDon'tknow Yei tl tlNo$Qon'tknow Yes n Foundations n Chimneys n Doors n Ceilings n Pools n Sidewalks n Garage Floors u Other n Incline Elevators tl 5(No [ ] Don'tknow []No[]Don'tknow []No []Don'tknow tlNo[]Don'tknow es x, X Ybs M Ybs Buyer's nniarcc) *A. Has the roof leaked within the last five years? *B. Has the basement flooded or leaked? *C. Have there been any conversions, additions, or remodeling? *(l) If yes, were all building permits obtained? *(2) Ifyes, were all final inspections obtained? D. Do you know the age of the house? If yes, year of original construction *E. Has there been any settling, slippage, or sliding of the property or its improvements? xF. Are there any defects with the following: (If yes, please check applicable items and explain.) n Decks n Exterior Walls n Interior Walls n Fire Alarm n Windows n Patio n Slab Floors n DrivewaYs n Hot Tub u Sauna n Outbuildings n FirePlaces n Walkways n Siding n Woodstoves tr Elevators n Stairway Chair Lifts n Wheelchair Lifts *G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? ' . ' . H. During your ownership, has the property had any wood destroying organism or pest infestation? I. Is the attic insulated? J. Is the basement insulated? Seller's rnitiats'022/ Y 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. t I K*o t I Don't know Electrical system, including wiring, switches, outlets, and service Yes t ] .h*o [ ] Don't know Plumbing system, including pipes, faucets, ftxtures, and toilets Yes I I X *o [ ] Don't know Hot water tank Yes t I X No t I Don't know Garbage disposal Yes \/ t I X*o t I Don't know Appliances Yes EXHIBIT C - Real Estate Purchase and Sale Seller's Page 17 of 26 tl Yes I] Yes *c I] I] Yes *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) t I ililNo t I Don't know Security system Yes /\ t I M*o t I Don't know Tanks (tYPe): Yes \ tl idNo []Don'tknow Satellitedish. . . . ..yes \ Other: ....., X*o [ ] Don't know $yltirv ly"-l"-t {Owned [ ] Leased Other. . . . X *o t I Don't know {*otlDon'tknow Sump pump Heating and cooling systems $. . . per [ ] Month [ ] Year [ ] Other *C. Are there any pending sPecial Yes X Ybs I] Yes M Yes I] Yes d. X Ybs X Yds tl Yes X X Ybs Are apy of the following kinds of wood buming appliances present at the property? X*" t I Don't know (l) Woodstove? I I No [ ] Don't know (2) Fireplace insert? .(*" [ ] Don't know (3) Pellet stove? [ ] No t I Don't know (4) FirePlace? t I No (oon'tknow []No[]Don'tknow []No []Don'tknow llNotlDon'tknow []No[]Don'tknow ffyes, are all of the (l) woodstoves or (2) fireplace inserts certified by the U'S. Environmental Proteciion Agency as clean burning appliances to improve air quality and public health? D. Is the property located within a city, county, or district or within a departm,ent of naturai t..outi"t fire protection zone that provides fire protection services? E. Is the properly equipped with oarbon monoxide alarms? (Note: Pursuant to RCW .!.1)_,g7_,i1,$1, seller must equip the residence with carbon monoxide alarms as required by the state building code.) F. Is the property equipped with smoke detection devices? (Note: Pursuant to RCW A3_*i$llti", if the property is not equipped with at least one smoke detection deviCe, at least one must be provided by the seller.) G. Does the property currently have internet service? [ ] Don't know Provider: 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS I I filto t I Don't know A. Is there a Homeowners' Association? Name of Association and contact V'"r ^- - ' r - --- - information for an officer, directoq employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, ind other information that is not publicly available: No [ ] Don't know B. Are there regular periodic assessments: tl Yes {-" []Don'tknow Buyer's tniri"fu 1 Seller's Seller's tnitials Dfu/ Page 18 of 26EXHIBIT C - Real Estate Purchase and Sale Agreement 7. ENVIRONMENTAL tl X*o[]Don'tknowYes \r ll IlNoiboon'tknow )f-" [ ] Don'tknow 'b(N" [ ] Don'tknow d*" []Don'tknow $.*" []Don'tknow )Qti" [ ] Don'tknow t I NoTfQon'tknow t I r.roTt'{on't know 'TA"[]Don'tknow )d{" [ ] Don'tknow X*" []Don'tknow []No []Don'tknow []No[]Don'tknow tlNo[]Don'tknow tl Yes Yes I] Yes tl Yes I] Yes I] Yes I] Yes tl Yes tl Yes tl Yes tl Yes I] Yes I] Yes I] Yes *D. Are there any shared "common areas" or any joint maintenanCe agreements (facilities such ai walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? *B. Does any partof the property contain fill dirt, waste, or other filI material? *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? D. Are there any shorelines, wetlands, floodplains, or critical areas on the properlry? *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? *F. Has the property been used for commercial or industrial purposes? *G. Is there any soil or groundwater contamination? *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? *I. Has the properfy been used as a legal or illegal dumping site? *J. Has the properly been used as an illegal drug manufacturing site? *K. Are there any radio towers in the area that cause interference with cellular telephone reception? S. MANUFACTURED AND MOBILE HOMES 9. FULLDISCLOSURE BY SELLERS If the property includes a manufactured or mobile home, *A. Did you make any alterations to the home? If yes, please describe the alterations: *B. Did any previous owner make any alterations to the home? *C. If alterations were made, were permits or variances for these alterations obtained? *Are there any other existing material defects affecting the property that a prospective buyer should know about? Seller's rnitiaBJw A. Other conditions or defects: ll )hry"[]Don'tknow Yes B. Verification: Buyer's nnatfu. 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. Vwe authorize all of mylour real estate licensees, ifany, to deliver a copy of this disclosure statement to other real estate licensees and all prospective property SELLER: PrintN iibtr2{ PrintN Signature Date: _ EXHIBIT C - Real Estate Purchase and Sale Agreement Seller's Page 19 of 26 EXhibit C _ DISCLOSURE STATEMENT Sally and Robert Mendel 10028 5E267 Street Kent, WA 98030 3. Sewer/On-Site Sewage System Last pump ed: 05-29-2018 (Jamie's Septic Service) Last inspected: 05 -29'20 I 8 during pump F. Have there been any changes or repairs to the on-site sewage system? 09-08-2008 Replaced sewer line, inlet baffle and clean out 4. Structural C. Have there been any conversions, additions or remodeling Master bathroom - remodel Basement - finished E. Has there been any settling, slippage or sliding of the property or its improvements? Yes, used Slab Jack for the back patio in 2015 ,n,r,r,"@-Setler's InitiaeiWY/ Page 20 of 26 Buyer's Seller's EXHIBIT C - Real Estate Purchase and Sale Agreement NOTICETO THEBUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WIIERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF TTIE 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 k"orirn to Buyer Jr can be kntwn 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 inaccuratoinformition pr*iO.O 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 J ropy 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 TIIE PROPERTY AT TIIE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BLTER AND SELLER OTTMRWISE 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 \ryAIVE T}IE RIGHT TO RESCIND PRIOR TO OR AFTER TTIE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT T}IE DISCLOSURES MADE HEREIN ARE THOSE OF T}IE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTI{ER PARTY. BUYER: PrintName BUYER:PrintName PrintName Sisnature Sienature Date: Date:Print Name BIryER'S WAIVER OF RIGHT TO RECETVf, COMPLETEI) SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed SellerDisclosure Statement. Buyerwaiv.es that right' However, if the answer io any of thJquestions in the settion entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement' Sisnature Date DateSignature Buyer's Seller's rnitiaBiQPF,rr'rrrr@ EXHIBIT C - Real Estate Purchase and Sale Agreement Seller's Page 2I of 26 EXHIBIT D ENCUMBRANCES AN D SPECIAL EXCEPTIONS Special Exceptions: 1. payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45, and subsequent amendments thereto. The property described herein is situated within the boundaries of local taxing authority of the City of Kent.' As of the effective date herein, the real estate excise tax rate is 1.78o/o- 2. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November f , if noi paid. Year: Amount billed, Amount paid: Amount unpaid- Tax Account No. 2019 $6,865-07 $0.00 $6,865.07 292205-5210-03 J. Levy code: Assessed value of land: Assessed value of improvements: Recording No. Regarding. 1526 $261,000.00 ?01 fiO0f74 Reimbursement fees due the City of Kent upon connection for a term of 20 Years $307,000.00 Based on the Treasurer's records, the name and address of the lasl taxpayer/owner is: M. Maniah 10028 SE 267rh Kent, WA 98031 Sewer Latecomer Agreement and the terms and conditions thereof: Recorded: MaY 21,2010 The matters relating to the questions of survey, rights of parties in possession, and unrecorded liens for labor and material have been cleared'forlhe loan policy which, when issued, will contain the ALTA 9.3-06 Endorsement- The legal description in this commitment is based upon information.provided with the application for tilldinsurance and the public records as defined in the poliry to issue' The parties to the . forthcoming transaclion mlst notify the title insurance company! prior to closing, if the description does not conform to their expectations- rnitiabjp&/Buyer's Seller's 4. 5 EXHIBIT D - Real Estate Purchase and Sale Agreeme Seller's Page 22 of 26 L 6. Deed of Trust and lhe terms and conditions thereof: Granlor: Robert R. Mendel and sally A. Mendel, husband and wife Trustee: George C- Reinmiller Trustee lnc' Beneficiary. Mortgage Electronic Registratlon system, lnc., acting sotef a1 nominee for Boeing Employees Credit Union Originalamount: $388,000.00Dat-eO: December 4'2015 Recorded: December 1 1, 2015 Recording No.: ?ql 5 ?21 1 00 1 I 51 7 . We find no pertinent matters of record against the name(s) of the vested owners' L Right, title and interest of M. Marriah as disclosed by the county tax rolls- We find no conveyances of record into said party. 10. We find no conveyances within the last 36 months- NOTE: The Recording No. of the Deed under which title is held is: 2000051000-!51j.' The land described in this commitment appears to be residential in nature and may be subject to the provisions of RCW 6.13.060 (Homestead Statute), if the.land is occupied as a primary residence- lf the land is occupied as a primary residence, all instruments conveying or encumbering the land must be executed by each spouse, individually, or by an attomey-in-fact' ln the event the Company receives instruments that are not joined by the non-owning spouse-with possiOie homestead rifnts, ttre Company may be unable to record or to insure the transaction. The names of the proposed insured were not fumished in the application for tille insurance, and when disclosed, ttre commitment will be subject to such matters as may be found by a search of the records against said names. The Company reserves the right to add additional items or make furlher requirements after review of the requested documentation. The name of the proposed insured lender was not fumished in the application for title insurance' The Company reserves the nght to add additional items or make further requirements after review of the requested documentation. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No.53?!Sl5- 11 12. 13 End of Special ExcePtions Buyer's Seller'snitia@ Seller's tnitiarc W Page 23 of 26EXHIBIT D - Real Estate Purchase and Sale Agreement EXHIBIT E SALVAGE LIST The following is part of the Purchase and Sale Agreement between CITY OF KENT, a Washington municipal corporation ("Buyer") and Robert and Sally Mendel ("Seller") concerning 1OO2B S,E267ffi Street, Kent, WA ("the Property")' IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: pursuant to paragraph 26 of the Agreement, Seller may remove the following items from the Property prior to turning over possession to Buyer: Plantinsst 1. Magnolia Tree a. Front yard, just east of the driveway 2. Azalea bushes a. Front Yard i. Next to walkwaY to front door ii. Along the flower bed on the front of the house iii. Back flowerbed area 3. Lilacs a. Starts removed throughout the front and back yard 4. Bulbs a. Tulips and crocus 5. Ground Fuchsias a. Front garden b. Garden located within the area of the fruit trees in the backyard orchard 6. Daphne shrub a. Front garden 7. Tree in front yard a. In the lawn, southwest corner of house 8. Blueberry bushes a. Two located in the backyard garden 9. Raspberry plants a. Located in the backYard garden 10. Rose of Sharon a. Backyard, next to garden hose spicket b. Next to the Pond Buyer's Seller's rnitiats.lpE/L/ EXHIBIT E - Real Estate Purchase and Sale Agreement Seller's Page 24 of 26 11. Rhododendrons a. Any deemed to be safe to move 12. Red hot poker Plants a. Planted around the base of two fir trees in the backyard 13. Blackberry - thornless a. Located along the entrance to the basement 14. Bleeding Heart Plant a. Garden area b. Pond area 15, Lace leaf maple a. Located in the garden area, backyard 16. Palm tree a. Located in the garden area, backyard 17. Magnolia a. Back yard, far northeast corner of the property 18. Flowering tree a. Backyard, northeast area of the property 19. Camilia Tree a. Westside of house - if able to move b. Eastside of the house - if able to move 20. Plants in the flowerbed a. Located on the southeast corner of the property - next to SE 267 Items within 'ound the structurest 1. Built-in cabinets in family room of house 2. Closet built-in's in each closet of house 3, All window treatments and blinds 4. Appliances 5. Murphy bed in office 6. Outside awning - attached to the house 7. Garden arbor in Yard rox. 10' x L2' in northwest corner of8. Tuff Shed aPP Buyer's rnrrr"M setter's rnitiaBiztz/ Page 25 af 26 Seller's EXHIBIT E - Real Estate Purchase and Sale Ag roperty 9. plastic pond liner approx. 3'x 5'with circulating pump, located on East side of Property ALLOTHERTERMS AND CONDITIONS OF SAID AGREEMENTSHALL REMAIN UNCHANGED. Buyer's tniti"t"&Sel I e r's t n i tia Bgzlllz/ Page26 of 26 Seller's EXHIBIT E - Real Estate Purchase and Sale Agreement