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Home My WebLink About200509300237 . . , .. AFTER RECORDING MAIL TO: J.D. Sullivan Investments, LLC P.O. Box 221 Belfair, W A 98520 STATUTORY WARRANTY DEED Escrow No.: E-205972CA Brief Legal: THE GRANTOR(S) City of Bremerton, a Political Subdivision of Washington for and in consideration ofTEN DOLLARS AND OTHER VALUABLE CONSIDERATION in hand paid, conveys, and warrants to J.D. Sullivan Investments, LLC, a Washington Ltd. Liability Company the following described real estate, situated in the County of Kitsap, State of Washington: SEE EXHIBIT A ATTACHED HERETO ON PAGE 2 Assessor's Property Tax Parcel/Account Number: 311 q ~oo~ - oll 8 - 0 \ 06- SUBJECT TO: Special Exceptions 1,2,3,5 and 6 as shown in Land Title Company Preliminary Title Commitment No. E-205972 Dated: SOl'ltembor 21, 200::; S e.pi-eMber ;)(01 Q()D5" ubdivision of Washington -. By: oger . Lubovich, Cit STATE OF WQ!!:.h I~~ - COUNTY OF ~ L~ On thi~ day of - :1PtV\her ~D06 I certify that I know or have satisfactory evidence that D , is the person who app~ed before me, and said person acknowledged tha e e signed this instrum~t, on oath stated that e she was authorized to execute the instrument and acknowledged it as the l1-^:t l> r oflhe C-l-hl~~(eM.ef+orto be the free and voluntary act of such party for the uses roses mentioned In the instrument. p... V ~\r~...:. &ti: official seal the day and year last above written. ~ . ';\SSION ~~'. ~ ;";:':8"'.OTA~ ~i.~ ~ - p.. I .. --:i;.)r- .,' olJ"C. :.- . US\..\ I. , Notary Public in and for the State of: ~ o. 0.3 7 \) '\: i:: Residing at:~ Me.;;.J7)^ WA. My Comm. Expires: '"~-~ - 0 1 "'11:--' . . : ~ ~ :. .. 0~'...o 0;:: WAS\\\~ LPB-10 7/97 . EXHIBIT "A" PORTION OF TRACT 48, BLOCK 2, BRENTWOOD PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTON AND THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF KITSAP WAY (FORMERLY PRIMARY STATE HIGHWAY NO. 21 - 100 FEET WIDE) WITH THE WESTERLY RIGHT OF WAY LINE OF ARSENAL WAY (40 FEET WIDE), AS SAID RIGHT OF WAY LINES WERE LOCATED ON FEBRUARY 29, 1960; THENCE SOUTH 24024'40" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE 565.31 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 9057'20" EAST ALONG SAID RIGHT OF WAY LINE 499.78 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, FROM A SEMI-TANGENT WHICH BEARS NORTH 43035'20" WEST, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1747.10 FEET AN ARC DISTANCE OF 128.50 FEET; THENCE NORTH 81055'00" WEST 410 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81055'00" EAST 80.00 FEET; THENCE NORTH 22014'34" EAST 200.09 FEET; THENCE NORTH 31035'43" WEST 196.33 FEET; THENCE SOUTH 63024'17" WEST 16.48 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 418.13 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32059'22" AN ARC DISTANCE OF 240.70 FEET TO THE WESTERLY BOUNDARY OF THE QUALHEIM WAR HOUSING PROJECT; THENCE SOUTH 12038'36" WEST ALONG SAID BOUNDARY 182.11 FEET; THENCE SOUTH 32012'00" EAST 78.90 FEET; THENCE SOUTH 76012'00" EAST 200 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER VACATED 6TH STREET, AUTO CENTER WAY AND BRUENN AVENUE AS PER ORDINANCE NO. 4210, RECORDED UNDER AUDITOR'S FILE NO. 8908090037. I I I I I I . . . ~ REVENUE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TY PE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61 WAC when stamped by cashier. I SEE BACK PAGE FOR USE AT COUNTY TREASURER'S OFfICE I (Use Fonn No. 84-0001 B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED I I . N City of Bremerton, a Political Subdivision of Washington J.D. Sullivan Investments, LLC, a Washington Ltd. Liability I ame Name Company l><: u.l I :>:0 U-lf-o g ~ Street P.O. Box 221 I ...Jz ~ ~ Slreet 345 6th Street Ste 600 <:) co" . I City/StatelZip Bremerton, WA 98337 City/State/Zip Belfalr, WA 98520 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE I &("Cu'\+e~ ASSESSED VALUE If TAX EXEMPT Name ~Me., OS 3l\q ~(){\~ - ()U8~O\D5 Street City/State/Zip a LEGAL DESCRIPTION OF PROPERTY SITUATED IN o UNINCORPORATED Kitsao COUNTY ~ OR IN CITY OF UniRElSlfl Bv&t\fffoV) Street Address (if property is improved): Bremerton Park, Bremerton, WA SEE EXHIBIT A ATTACHED HERETO a Is this property currently: YES NO , Description of personal property included in gross selling price, both tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill, Classified or designated as forestland? 0 0 agreement not to compete, etc,) Chapter 84.33 RCW Classified as current use land (open space, fann 0 0 and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit 0 0 If exemption claimed, list WAC number and explanation. organization? Chapter 84.36 RCW WAC No. (Sec/Sub) 458-61-420 Seller's Exempt Reg. No. Government Transfer Receiving special valuation as historic 0 0 Explanation property? Chapter 84,26 RCW Property Type: o land only o land with new building Statutory Warranty Deed o land with previously used building o land with mobile home Type of Document o timber only o building only Date of Document S~pt~r.ub9r 21, 2996 q - ~l.o-06 Principal Use: o Apt. (4+ unit) ~sidential 568,500.00 o timber o agricultural ~ commercial/industrial Gross Selling Price $ o other Personal Property (deduct) $ II (I) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) Taxable Selling Price $ 568,500.00 If the new owner(s) of land that is classified or designated as current use Excise Tax: State $ or forest land wish to continue the classification or designation of such Local $ land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $ to continue such classification or designation, all compensating or Local $ additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34, I 08 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ of sale. The county assessor must determine if the land transferred Total Due $ qualifies to continue classification or designation and must so indicate A MINIMUM OF $2.00 IS DUE AS A PROCESSING FEE AND TAX. below. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed I AFFIDA VIT and the compensating taxes will be applied. All new owners must sign, I Certify Under Penalty of Perjury Under The Laws of The State of This land o does o does not qualify for continuance. ;;~",'o" The,o",wom,,, ': """ "" oftm, Date Signature of DEPUTY ASSESSOR Grantor/Agent ""\ ____ (2) NOTICE OF COMPLiANCE (Chapter 84.26 RCW) Name(print) QQrr\~("")"Z...-e.nI\OJ\ I tJ..a___q{j r If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new owner(s) must sign below. Date and Place QfSigning: q. ~. oS lbfe.me.r-\-cr'\ II\.l A If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of and payable by the seller or transferor at the time of sale. Grantee/Agent (3) QWNER(S) SIGNATURE Name (print) Date & Place of Signing: Perjury: Perjury is a class C felony which is pWlishable by imprisonment in the state correctional institution for a maximum tenn of not more than five years, or by a tine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (I C)). REV 84 OOOla (3-18-99) (PD 4--30-02) FOR TREASURER'S USE ONLY COUNTY TREASURER I . . . . EXHIBIT "A" PORTION OF TRACT 48, BLOCK 2, BRENTWOOD PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTON AND THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF KITSAP WAY (FORMERLY PRIMARY STATE HIGHWAY NO. 21 - 100 FEET WIDE) WITH THE WESTERLY RIGHT OF WAY LINE OF ARSENAL WAY (40 FEET WIDE), AS SAID RIGHT OF WAY LINES WERE LOCATED ON FEBRUARY 29, 1960; THENCE SOUTH 24024'40" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE 565.31 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 9057'20" EAST ALONG SAID RIGHT OF WAY LINE 499.78 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, FROM A SEMI-TANGENT WHICH BEARS NORTH 43035'20" WEST, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1747.10 FEET AN ARC DISTANCE OF 128.50 FEET; THENCE NORTH 81055'00" WEST 410 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81055'00" EAST 80.00 FEET; THENCE NORTH 22014'34" EAST 200.09 FEET; THENCE NORTH 31035'43" WEST 196.33 FEET; THENCE SOUTH 63024'17" WEST 16.48 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 418.13 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32059'22" AN ARC DISTANCE OF 240.70 FEET TO THE WESTERLY BOUNDARY OF THE QUALHEIM WAR HOUSING PROJECT; THENCE SOUTH 12038'36" WEST ALONG SAID BOUNDARY 182.11 FEET; THENCE SOUTH 32012'00" EAST 78.90 FEET; THENCE SOUTH 76012'00" EAST 200 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER VACATED 6TH STREET, AUTO CENTER WAY AND BRUENN AVENUE AS PER ORDINANCE NO. 4210, RECORDED UNDER AUDITOR'S FILE NO. 8908090037. r ------------ ------ . . < ,> .-~"I --.-- .... I 200509300237 " Page: 1 of 3 . I I . , . - .--. 09/30/2005 10 : 20A LAND TITLE CO QCD $66,00 Kitsap Co! WA Return Address: Bremerton City Attorney's Office 345 6th Street, Suite 600 Bremerton, WA 98337 KITSAP COUNTY TREASURER EXCISE 09/30/2005 2005EX09590 e1D Stt 12- Total : $ Clerk's Initial _~~____ AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Use Restrictions and Quit Claim Deed Reference Number(s) of Documents assigned or released: 1126171 Grantor(s): 1. United States of America D Additional names on page of document. Grantee(s): 1. City of Bremerton D Additional names on page of document. Legal Description: Ptn Lot 48, Brentwood, Vol/Pg. 5/5 and East Yz SWQ, Sl6 T24N RlE (abbreviated) 'f3L IA 'Z.J '~~'^- 00 Additionallegal is on page 10f2 of document. Assessor's Property Tax Parcel/Account Number: 3719-002-048-0105 I I I .~ . .' . ( . RELEASE OF USE RESTRICTIONS AND QUITCLAIM DEED WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton (city), a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the County Auditor as file number 1126171; and WHEREAS, on December 16, 1980, the City of Bremerton released and relinquished approximately one acre contained in Tract I to the United State of America by document recorded in the Office of the Kitsap County Auditor as file number 8012300076; and WHEREAS, on October 29, 2002, the National Park Service, acting for the Secretary of Interior, on behalf of the United States of America (National Park Service), executed a release of use restrictions and quitclaim deed for Tract ill, a 0.18 acre parcel described in the 1976 deed, recorded in the Office of the County Auditor as file number 20021203028, subject to replacement pursuant an agreement between the City of Bremerton and the National Park Service executed on October 15, 2002; and recorded as document 200406180120 in the Office of the Kitsap County Auditor. WHEREAS, on December 13, 2004 the city formally requested a further release of the covenants and restrictions on Tract II, the remaining portion of the encumbered property conveyed by deed recorded in the Office of the Kitsap County Auditor as file number 1126171, containing 2.27 acres, due to it's diminished value for serving park and recreation needs of the city and surrounding area in exchange for the imposition of similar covenants and restrictions on identified or alternate candidate replacement properties with a value not less than Tract II. WHEREAS, on April q; , 2005 the city and National Park Service entered into an agreement for the release of covenants and restrictions on Tract II, the remaining portion of the encumbered property conveyed by deed recorded in the Office of the Kitsap County Auditor as file number 1126171, and providing for the acquisition by the city of replacement property approved by the National Park Service and determined to have similar recreation utility and market value, and committing the city to impose covenants and restrictions contained with a deed recorded in the Office of the Kitsap County Auditor as file number 1126171 on behalf of the Federal government; and WHEREAS, the terms and conditions of the deed restricts the use of the subject property for park and recreation purposes and prohibit the sale, lease, or assignment of the described property except to another eligible governmental agency approved in writing by the Secretary of the Interior; and WHEREAS, the National Park Service finds said release and agreement provides for the accomplishment of the purpose for which the property was transferred and the terms and conditions provided for under agreement will protect and advance the interest of the United States; and WHEREAS, the General Services Administration has concurred with the valuation and agreement for replacement of the converted property in accordance with Federal Property and Administrative Services Act [40 U.S.C. 484 (k)(4)]. City of Bremerton, W A - West Park Tract III Page 1 of2 Release of Use Restrictions and QuitClaim Deed I . . I I . I 200509300237 . Page: 2 of 3 H ___.. _____. ..1__ 08/30/2005 10 : 20A LAND TI TLE CO QCD $66,00 Kitsap Co, WA I , . --- ------------ .ilj 'J",,- ... ~ t#.. t( NOW THEREFORE, in accordance with Federal Property and Administrative Services Act [40 U.S.C. 484 (k)(2)] the Secretary of the Interior, acting by and through the Director of the National Park Service, hereby quit claims and releases Tract II, as described in a deed executed on March 12, 1976 and recorded in the Office of the County Auditor as file number 1126171 from the covenants and restrictions contained therein. IN WITNESS WHEREOF, the United States has caused these presents to be executed in its name and on its behalf on this the 0- day of April, 2005. UNITEDSTATESOFAMEIDCA ActIDg~1Jl:::e Interior By r ( Ray Mum. \ Partnershi 1 Programs Chief National Park Service, Pacific West Region (COUNTY OF ALAMEDA) ) SS. (STATE OF CALIFORNIA) On this r day of April, 2005, before me, the subscriber, Ray: Murray, Partnership Programs Chief, National Park Service, Pacific West Region, personally appeared to be known and personally known to me to be the Partnership Programs Chief, National Park Service, Pacific West Region, acting by and through the Secretary of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Partnership Programs Chief, National Park Service, Pacific West Region, as the act and deed of the United States, for and on behalf of the Secretary of the Interior, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. Witness my hand and official seal. 9?J ' ,~tJ ~4-(j,) I r ~;.~-~..;;.,;~ - - - f NOTARY PUBLIC > 'J _ Awno~Dp8WDI\f . I ~.~AQON j ...."I..~ i -----.-----~1 AIO'11ln9 SJII010Q 'W M. OOLOIES MLORY - ....- ....- -- -- ... -- ....- ....- -- -- -- Je CommIIIIOn #1549287 :S Notary PublIc . CCIlIIqmIa 2 AtameCIa County d i.... __ _ ~~~__~3~ City of Bremerton, W A - West Park Tract III - - ~ Release of Use Restrictions and QuitClaim Deed I · 200509300237 - PClge: 3 of 3 -- . _n_ 09/30/2005 10 : 20A LAND TITLE CO QCD $68,00 KitSClp Co, WA REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SRJ Park) This contract controls the terms of the sale of real property. (Please read carefully before si~nin~.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 345 6th Street, Suite 600, Bremerton, Washington 98337, ("Seller"), and DANIEL AND JILL SULLIVAN, husband and wife, ("Buyer"), 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 commonly known as the SR3 Park property in the City of Bremerton (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Five Thousand and Noll 00 Dollars ($5,000.00), as earnest money and part payment on the purchase price of the following described real estate. 3. PURCHASE PRICE. The total purchase price for the Property is Five Hundred Sixty Eight Thousand Five Hundred and Noll 00 Dollars ($568,500.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Acceptance of its terms by the National Park Service pursuant to deed restrictions recorded on the property. (c) Buyers review and approval of the title report on the. property prior to Closing. (d) Financing Contingency. Buyer securing financing as necessary to close the sale contemplated herein. (e) Prior to vacating the property and prior to closing, Seller removing all playground equipment, benches, picnic tables and tennis nets and other items as identified in Exhibit C. Upon vacation of the property by Seller and Seller's removal of the personal property, equipment and fixtures as provided herein, all remaining improvements (mainly tennis courts) located on the property shall be the responsibility of the Buyer and Buyer shall be responsible for the costs and expenses of demolition and/or removal of the improvements, as applicable. REAL ESTATE PURCHASE AND SALE AGREEMENT Page I of 5 (f) A Feasibility Study as follows: (1) Buyer shall have six (6) months from the date of City Council approval and 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. (2) 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 by Buyer in connection with its feasibility study as it relates to the environmental condition of the property. (3) For anyon-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.), Should any of these contingencies not be met or waived 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 held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real 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 Paragraph 6 below. . 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address is 9657 Levin Road NW, Suite 100, Silverdale, W A 98383, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Real Property, and insuring the Real Property being discharged by Seller shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and 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 the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps, as applicable. Taxes for the current year, water and other utility charges, if any, shall be pro-rated as of date 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 close on or before October 15, 2005 which shall also be the termination date of this agreement unless said closing date is extended in REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 5 writing by mutual agreement of the parties. When notified, the Buyer and Seller "Yill deposit, without delay, in escrow with Land Title Company, 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. 9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be 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 he/she will maintain the property in present condition until time of agreed possession, and (b) that the property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his /her knowledge that he/she is not aware of 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 of 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. 13. CONDITION OF PROPERTY. As partial consideration for the purchase ofthe Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive closing. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEF AUL TS HEREUNDER, SELLER'S SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO A VOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) Seller's Default. IF SELLER DEF AUL TS HEREUNDER, BUYER SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 5 IN EQUITY. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any ofthe terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. The Seller makes NO WARRANTY OR REPRESENTATION OF ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal . requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before sIgnmg. 16. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 (b) All notices to be given to Buyer shall be addressed as follows: Daniel and Jill Sullivan PO Box 221 Belfair, W A 98520 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. 18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 5 ------ agreements that modify this agreement. 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 20. DATE OF MUTUAL ACCEPTANCE. For the purposes ofthis Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 21. EXPIRATION OF OFFER. Buyer shall have only until 5:00p.m. on April 8, 2005 to accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Seller or the Seller's agent. If Buyer does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: BUYER: TIIE CITY OF BRE~ t/~~~ By: P, - - --""., . Cary Bozeman, Mayor Daniel Sullivan Dated: '0-~~ Dated: 04 . 04- ' 0 5 ~ Scd1('v~J Jill Sullivan Dated: ()+! 0 1/ D~ APPROVED AS TO FORM: " -- Roger A. Lubovich, City Atto R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\SR3 REPSA.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 5 --------------_._~-_._----_._-- LEGAL DESCRIPTION Tax Desc~iption Tax Account No. Proce~s No. SituS Address ~'i19-002-O~105 Itz411100 II BRENTWOOD PARK PTN TIi 48 & Ell2 OF SW1I4 SEe 16-24-tE CNVYD BY AlJD NO lOS7935:DAF, BEG A. T A C'ONe MON SET AT X OF SLY RIW LN OF KITSAP WY (FORMERL~' PSH NO 21., 100 FT WIDE) WITH 'YL Y R/W LN OF ARSENAL "if (40FT WIDE) AS SO RIW LINES WERE LOC FEB 29 1.960 TH S24.,;l4'40W ALG SD WL Y RIW 565.31FT TO CONe MON TH S9'*S7'20E ALG SO R/W 499.78FT TH LEA V SD RIW, FR A SEMI-TANG WH B.E.ARS N43*3S'20W, ALG CRY TO R HA VG RAn OF 1747.10Fr AN ARC DlST OF 128.50FT TH N81*5S'OOW 4tOFT TO TPOB TH S81*SS'OOE 80FT TH N22*14'34E 200.09 FT TH N31*35'43W 196-33FT TUS63*24'17W 16.48FT TO PT OF CRV OF' CRV TO R HA VG RAD OF' 418.13FT TH ALG SD CIt.V THRU CIA OF 32*59'22 AN ARC OIST OF 240.70FT TO WLY DDRY OF QlJALHEIM WAR HOUSING PROJ Tn S12*3S'36W ALG SD DDRY 182.1 niT TH S3Z*12'OOE 78.90FT TB S76*lZ'OOE ZOOFI' TO TPOB. EXCEPT PORTION CONVEYED J11l:.R RECORDJ:NG UNDER AUDITOR FILE NO. 200301230524. c~ this ,'Window , : I I I , EXHmIT A I : I I I Layout Kitsap County Parcel Search ,,,< . <.........;.?, ... ...... Legend ........ .: . ~f:<<=~~!$ ,,' // ,/''''.~w'''.';R.4~~$ J,l '\ .",ry . ,If? " ~-'~d ...,. i DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. [Click here to Print] EXHIBIT B - --- ----- - REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SR3 Park) EXHIBIT C . Play structure . Benches and picnic tables . Tennis nets . Park signage . Split rail fence . Tennis court fencing and poles EXHIBIT C 09/21/2005 12:19 FAX 3604050831 SULLIVAN HEATING @019 . m -, ~ 'D'D.~N D~J~'--.. :T9 P':t.~S~ ,~L4: A~f!!SGM_~l\rr " -. . .-....., ~...- . .... .. - . , . -....,-...... .. ., .... .}:?~N\~~~~" 5q~J~.f\I e ~_~.L..~ M ...~y.J,':~...li'~.. _ ._... . ~ - ... . ~~i A..~ t~,N ~.1.@'- 1.~~T IN ~~ .. -... ... ,... .... .., f\.lg;~~~ ~~.Ifi' f1. ~~ M~NT' ~S?. ~. ~'. ,?4u....l~M: . I'M' . .. ..., ..._.._.__..,.~ .-.-. :r~.'!I@T..M.~T~_,J::J;-'~' ..;.~...., . _......_._ -.......---... ..-.....--.--. 'M _--:-_____....... 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