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HomeMy WebLinkAboutELIE BENARON " AFTER RECORDING MAIL TO: PACIFIC STATION, LLC 320 PACIFIC AVENUE BREMERTON, WA 98337 ' Filed for Record at Request of Pacific Northwest Title Escrow Number: 31045440 Statutory Warranty Deed Grantor(s): CITY OF BREMERTON Grantee(s): PACIFIC STATION, LLC Abbreviated Legal: GL 2,SEC13,T24N,R1E & LOT 4,BLK 1,COGEAN'S ADDN TO THE TOWN OF BREMERTON, records of KITSAP County, WA Additionallegal(s) on page: 2 Assessor's Tax Parcel Number(s): 3738-001-004-0007 THE GRANTOR CITY OF BREMERTON, a Municipal corporation for and in consideration of TEN DOLLARS AND OTHER GOOD AND YALUABLE CONSIDERATION in hand paid, conveys and warrants to PACIFIC STATION, LLC, a Washington limited liability company the following described real estate, situated in the County of KIT SAP . State of Washington: AS SET FORTH IN EXHIBIT "A" ATTACHED WHICH BY THIS 'REFERENCE IS MADE A PART HEREOF. SUBJECT TO: AS SET FORTH IN EXHIBIT "A" ATTACHED WHICH BY THIS REFERENCE IS MADE A PART HEREOF. Dated this 20th day of December, 2005 By CITY OF BREMERTON BY~ 1\. A_ REN NYGREN, ~i;~~ President, Mayor Pro Tern STATE OF WASHINGTON County of KITSAP By By } } 55: I certify that I know or have satisfactory evidence that DAREN NYGREN signed this instrument, on oath stated that he authorized to execute the instrument and acknowledged it as the City Council President, Mayor Pro ,~e.rn of CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated, Dec_ern?l), 2005 Vh.l~nI" i/,kn.< Notary Public in and for the State of WASHINGTON Residing at 7",,-p rv\.~(fOt"\. W A- My appointment expi~s: ....~-~ l--r--./ Page 1 LPB-IO Exhibit A PARCEL A: LOT 4, BLOCK 1, COGEAN'S ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 67, IN KITSAP COUNTY, WASHINGTON. PARCEL B: THAT PORTION OF GOVERNMENT LOT 2, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY. WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 4, BLOCK 1, COGEAN'S ADDITION TO THE CITY OF BREMERTON ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 67, IN KITSAP COUNTY, WASHINGTON; THENCE NORTH ALONG THE WEST MARGIN OF PACIFIC AVENUE 60 FEET; THENCE WEST 102 FEET; THENCE SOUTH 60 FEET; THENCE EAST 102 FEET TO THE PLACE OF BEGINNING; EXCEPT THE NORTH 10 FEET. PARCEL C: THAT PORTION OF GOVERNMENT LOT 2, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 139.2 FEET SOUTH OF THE INTERSECTION OF ;THE WEST LINE OF PACIFIC AVENUE AND THE SOUTH LINE OF UNION STREET; THENCE SOUTH 35 FEET; THENCE WEST 102 FEET; THENCE NORTH 35 FEET; THENCE EAST 102 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT PORTION OF GOVERNMENT LOT 2, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 10 FEET OF THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF LOT 4, BLOCK 1, COGEAN'S ADDITION, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 67, IN KITSAP COUNTY, WASHINGTON; THENCE NORTH 60 FEET; THENCE WEST 102 FEET; THENCE SOUTH 60 FEET; THENCE EAST 102 FEET TO THE POINT OF BEGINNING. SUBJECT TO: EASEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER AUDITOR'S FILE NO. 16732. COVENANTS, CONDITIONS, RESTRICTIONS RECORDED UNDER AUDITOR'S FILE NO. 44325. INITIAL ~ INITIAL INITIAL INITIAL Page 2 LPB-IO e e ADDENDUM NO.2 TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON AND ELIE BENARON This Addendum No. 2 specifically amends the Real Estate Purchase and Sale Agreement between the City of Bremerton and Elie Benaron for the purchase of 817 Pacific Avenue as previously amended and assigned to Pacific Station, LLC. All provisions in the Real Estate Purchase and Sale Agreement as previously amended shall remain in full force and effect except as expressly modified by this document. For valuable consideration the parties hereby agree that the closing date shall be extended to not later than January 6,2006. PACIFIC STATION, LLC CITY OF BREMERTON y~~ DAREN NYGREN, C y CouncIl President/Mayor Pro Tern Date: /~- a7 -()~ --- R:\LEGAL\Files\Current Active Files\Fire Station 1 Sale\REPSA-Addendum No. 2.doc e e ADDENDUM NO.1 TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTqN AND ELIE BENARON Purchaser, Elie Benaron hereby assigns all of his right, title and interest, in that certain Real Estate Purchase and Sale Agreement between the City of Bremerton and Elie Benaron for the purchase of 817 Pacific Avenue to Pacific Station, LLC, a Washington limited liability company. Dated this day of , 2005 ELIE BENARON APPROVED AND ACCEPTED this 07C\!.h day of~, 2005. CITY OF BREMERTON By-V"^",,,- ~ Daren Nygren, City ouncIl President/Mayor Pro Tern R:\LEGAL\Files\Current Active Files\Fire Station I Sale\REPSA-Addendum No. l.doc F.ROM. : ]3REMERTON C I TV i=lTTORNEV e Fi=lX NO. :360-473-5161 ~Dec. 20 2005 11:26i=lM P2 AD ENDUM NO. 1 TO REAL ESTATE P CHASE AND SALE AGREEMENT BETWEEN THE CITY OF REMERTqN AND ELIE BENARON Purchaser, Elie Benaron hereby assign all of his right, title and interest, in that certain Real Estate Purchase and Sale Agreem t between the City ofBremerton and EHe Be1UU'on for the purchase of817 Pacifi Avenue to Pacific Station, LLC, a Washington. limited liability company. Dated this day of t 2005 ~ !_~ d~ ELm BE~ON day of _ . 2005. CITY OF BREMERTON By: Daren Nygren, City Council PresidentlMayor Pro Tern R:\LBGAL\Files\Current Activ~ Files\Fire Station I ale\REPSA-Addendum No. I.doc REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (Fire Station No.1) This contract controls the tenns of the sale of real property. (Please read carefullv before si2nin2.) This Agreement is entered between the CITY OF DREMERTON, a Washington municipal corporation, whose mailing address is 345 6th Street, Bremerton, Washington 98337, ("Seller"), and ELIEDENARON, whose mailing address is ~t)()~. \-hI! <3het4 ::ii:1~la~,LosAngeles,California, 9.DQ.a("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 ~o sell, is commonly known as Fire Station No.1 and is located at 817 Pacific Avenue, Bremerton, Washington (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 D, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Ten Thousand and No/100 Dollars ($10,000.00) as earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The total purchase price for the Property is Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its tenns by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (e) Prior to vacating the property and prior to closing, Seller removing all personal property and further removing all equipment 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 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. Should any of these contingencies not be met prior to closing, then this Agreement shall tenninate except 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 CONDmON OF TITLE. The title to the real property REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of5 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 Pacific Northwest Title Company, 9927 Mickelberry Road N.W., P.D Box 3607, Silverdale, Washington 98383, telephone number (360) 692-4141, 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 be discharged by Seller shall be paid from Seller's funds at Closing. If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. 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. CWSING 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, 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. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by December 22, 2005 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific Northwest 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 that: (a) Seller will maintain the property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property, and (c) the property is not encumbered by any leases. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of5 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 except a) Asbestos on the heating pipes within the building, and b) Potential oil tank located in the sub basement "training room" as identified by an oil tank cap embedded in the concrete floor. 13. BOLD HARMLESS. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold harmless the Seller from any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, which may be imposed upon or incurred by Buyer, or asserted against Buyer by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date whether known or unknown. This provision shall survive closing. 14. ARCBITECTUAL THEME OF STRUCTURE. As partial consideration for the purchase of the Property, Buyer agrees to maintain the current art deco design theme of the structure for a period of five years from the date of closing. This condition shall not apply if Buyer removes the structure from the property or Buyer conveys all of his interest in the Property. A conveyance to a corporation, partnership or other similar entity in which Buyer has an ownership interest shall not be considered a conveyance of property for the purposes herein. This provision shall survive closing. 15. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid 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 defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 16. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of5 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 signing. 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, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City ofBremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Buyer shall be addressed as follows: Elie Benaron 550 ~()u'\-h \-\-1"\ \ S-h-ee-l; Su~+-e.., 13(03 Los Angeles, California, 900, .~ Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessaIy. 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. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of5 22. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on ~\ a , 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: ( II fl.! & ~ ELIE BENARON Dated: II-~-()S Dated: APPROVED AS TO FORM: By: ~ ~~ Roge . U 0 . -:c;iYAtIomey R:\LEGAL\Files\Current Active Files\Fire Station 1 Sale\REPSA-Fire Station-Benharon.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of5 COGEAN'S ADDN LOT 4 BLK 1 TGW .12 ACRES OF TH PTN OF GOVT LOT 2 IN SEC 13-24-1E DAF BAT NE COR OF LOT 4 BLK 1 COGEAN ADDN TH N 50FT TH W 102FT TH S 50Ff TH E 102Ff TO POB TGW .10 ACRES OF TH PTN OF GOVT LOT 2 IN SEC 13-24-1E DAF BEG 139.2Ff S OF X OF W LN OF PACIFIC AVE & S LN OF UNION TH S 35Ff TH W 102Ff TH N 35FT TH E 102FT TO BEG & ALSO N 10FT OF FOLG BAT NE COR OF SD LOT 4 BLK 1 OF COGEANS ADDN TH N 60FT TH W 102Ff TH S 60FT TH E 102Ff TO BEG Kitsap County Tax Assessor's No. 3738-001-004-0007 EXHffiIT A _.._~. ... ..-----.1 ! 3-133 'WNoH"" ~ .._........._. ",~... .. .... I I 3~143 --1 . I 3-072 ..--.........,., ... ..,..----.., ... ......~-.....-. - --... ... "1 I I. . ....w.w --. -, " .--...-..... ....." -.... I 3-14'1 . I j' i . 1-' .... .."-.. .----..--1' I l 3-140 : i ! ! '" -.--[ 'Ii: :-~~,~ .:::.:,>.:-.~ .. .;~~::~':" "~::~r j.,I..:/......t..::.::~7... ..:~',., <II 3-136 J' I\~':'''' '.:::":':;:~ ,~I!.. '., . !::;.;;~~d ~:~. _.,1 . '" :. ,',: ;,::~,,,,; .. . ~:~~~J~~ T_ .--.. -.-...----. . ~._.- "":~':.':"'-<">"'" "n'.._ ~l '.:.ii" i -::~,,:,~.. . m::::~~j~~~'t(\>_ ,..... . . ".".&..... .... r.:. ... .. 'oo~~o'" .:::~.I >> , ::~~lJlli:~ ,: ,:,'i{~- ' :.. '\ 0 . . "'-,--_. " --"-'-'. i ;~~~;".:...' . :;.~~~> '::::,' .'j .~~ t ':!lhi~':\t.., '.~>:b~:!...-;:, "....:: "I ' . .. :~:~.::~~~..~. . ::~;;;~~#. , ......:. "":,, .,. ..m...:.:~., . +-- " . _~"~:""".: ._... ':.:i-~~.: I , . 3-134 3-135 ;3':137 3-142 .1_- I I ; 3-071 I .! r -"--', ,I I I ...... .....--.-. '-1' 007 -(I()) ...............--..~''''... -~_..... -- ()O:5-Oo.. ()~8-f12 Subject I , 002-00 ,i ! :' 3..(lS8 I " ! . ! ! i I,: .' \ ,_. ..---........-.. "-".' I · , .. .\ i i l 001-<J0 (J 1 0..:0 1 ! j 3738-001-004-0007 L --, Qo.pvrb ht Kitsa p Go u ntv" 2004 j '-' ! ) EXHillIT B PERSONAL PROPERTY It is agreed between the parties that the air compressor and generator will remain. EXHIBIT C