HomeMy WebLinkAboutELIE BENARON
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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
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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
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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
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EXHillIT B
PERSONAL PROPERTY
It is agreed between the parties that the air compressor and generator will remain.
EXHIBIT C