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HomeMy WebLinkAbout9512180307 REQUEST FOR FULL RECONVEYANCE The undersigned beneficiary is the legal owner and holder of the promissory note in the original sum of $550,000.00, secured by that certain Deed of Trust dated DECEMBER 8, 1995, in which MICHAEL LAINE is grantor, and LAND TITLE COMPANY is trustee, filed for record on DECEMBER 18, 1995, as Auditor's File No. 9512180308, records of KITSAP County, Washington. The note and all other indebtedness secured by said Deed of Trust having been fully satisfied, the note and Deed of Trust are herewith surrendered to you for cancellation and reconveyance. You are therefore requested, upon payment of all sums owing to you, to reconvey without warranty, to the person(s) entitled thereto, the right, title, and interest now held by you thereunder. Dated: JUNE 21, 2002. EMERT?orporation By (~ Print Name: CARY BOZEMAN Its: MA YOR -::> B\23402\DOCS\REQRECV.DOC LPB-23 7/97 .0.'" "'0'1 (..,.':,; ...... L:' kllJlr~,L\ Filed for Record at Request of: When Recorded Return to: t(TTCl\p f"iilll"rj' v i.\J., i \oJn 'lJ\.1\.i. "" i ~v on f"H' r~ :po. \ v \.0 ~'ii FILED-BY: BREf-1ERTON CITY OF DEe 18; 19i1'S; 4: 23 PM KAREN FLYNN; AUDITOR CLERfG LAWRENCE Name Bremerton city Clerk Address 239 Fourth street Bremerton. WA. 98310 245 4th Street (4th Street Building) - Laine air" STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, CITY OF BREMERTON, a municipal corporation, for and in consideration of good and valuable consideration, conveys and warrants to MICHAEL LAINE, a single person, the following described real estate, situated in the County of Kitsap, state of Washington: REEL 0889 FR 0658 / Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington; and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2, of Plats, page 30, records of Kitsap County, Washington. 8+'- ~~ - - ,,- DATED this day o~ ,1995. IAN CITY OF BREM~ON BY:~ -Il. LY N HORTON, Mayor NO. 't )?S (p KITSAPCQUN'TY Tt'tANSACilON EXctSE TAX AP(ROVED FORM: r \\ STATUTORY WARRANTY DEED Laine.SWD - Real Estate - 12/8/95 ~ U1 ~ ~.,j ;.J1, CIO o t"" o ....,j STATE OF WASHINGTON SSe COUNTY OF KITSAP On this day personally appeared before me Lynn Horton, Mayor for the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf. of said corporation. ~N Und~my hand and official seal this ~ day of J........2 0 r 0 ~ )€A. , 1995. A.F.#: 9512180307 REEL 0889 FR 0659 STATUTORY WARRANTY DEED -2- Laine.SWD - Real Estate - 12/8/95 o Rl G , N A L r<wtfSAP C Filed for Record at Request of: FI[tg~~9~ BREMER f'CC'(!. i~~.c:;- 4 v-...._ ~O,L f' 1,_' 'I ""' 1.( r,l.'Cr.l '"Ie \: ~J... ~ '.,;;,!,' 1 iMi\i.....ll;J :: _ 1 a "li'"<1. i l\,11..' rLcRlf' LAI.jREi,lr~ \.r 1... i.f\1I 'f'l. 1'1 v.... /"', l~ t ~ l :~~~ p~ A-.""i ,t. Tt'\D i .~.n;, Name Michael Laine "'~n-,ynfi ^ C ~= QS121aLJ~~ T'l!l... II ... 1lT "" #' . ;;-:.L" n REEL O~89 FR u~o~ When Recorded Return to: Address 1649 Ferndale Renton. Washinqton 98058 FIRST DEED OF TRUST (For Use in the state of Washington Only) THIS DEED OF TRUST, made this 8th day of December, 1995, between MICHAEL LAINE, GRANTOR, whose address is 1649 Ferndale Ave. N.E., Renton, Washington 98050, LAND TITLE COMPANY, TRUSTEE, whose address is P.O. Box 313, Bremerton, Washington 98337, and CITY OF BREMERTON, BENEFICIARY, whose address is 239 4th st., Bremerton, Washington 98337, WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in Kitsap County Washington: Lot 28 and 29, Block 7, Town of Bremerton, according to plat records Vol 2, of Plats, page 30, records of Kitsap county, Washington, and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2, of Plats, page 30, records of Kitsap county, washington. which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of grantor herein contained, and payment of the sum of Five Hundred Fiftv Thousand Dollars ($550.000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to obtain prior approval of all structural changes to the building or other improvement on the property which shall not be unreasonably withheld; complete any structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To assign rental income from rent or lease of areas within the building or parking spaces on the property to Beneficiary to be credited against monthly payments due under the promissory note secured by this Deed of Trust. Form of assignment shall be on a form approved by Beneficiary. Beneficiary shall deliver a check for proceeds over the monthly paYment or a statement for deficiencies on the tenth (10) day of each month. PaYment from Grantor to Beneficiary for deficiencies shall be due on the due date of the party's promissory note. 3. To Pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 4. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Benef iciary , and be in such companies as the Benef iciary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 6. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 7. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set FIRST DEED OF TRUST -2- ::oj) fH~ ill # CII~ 00 (Ii:! ...0 ...a ~J'l Iud!, rnn r'i~i ""l"l ~lr~ ~!~('-~ i;Jifl r:J {"H, '::""..11-: Fr. t ,/ '", ~Pi! r.111 pl:.'\ ~~~ .tI.,Jc,' \'~t;r! . ~,i1;. forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. 8. To locate the principal place of business of Teknology - Laine, Inc., or its successor to the property for a period of five years from the date hereof. This condition shall be inapplicable if the business is relocated because there is inadequate office area to accommodate the company's business, or Grantor does not own a controlling interest at time of relocation. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the paYment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. FIRST DEED OF TRUST -3- ~O> m~ 18 # Qu ~ ():I ....0 cl"l t Vj "\II ""I ",JI. " ~~l %l~ r "ltl 'rT!<1 ~)' itlm~ ~"': "'''''' j 1.1 ",l'~ rl~' r"'i .,;.. -..:-0'.>> r\~; C~;j 7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party. unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or no~ ~~erein. MICHAEL LAINE STATE OF WASHINGTON} A.F.#: 9512180308 REEL 0889 FR 0663 On this day personally appeared before me Michael Laine, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ~~ :7J GIVEN J1der my hand and official seal this CS day of o C L.-rv) ,e A . 1995. SSe COUNTY OF KITSAP ,\\'~ \\. t\P I j, t~'JI "" \\1\"''1 III ,.' <\ \ ,.. ,it , 'I, ;.,...... ,..._~. ..."'......- ~.... .;:If ". ~...,'" ...;;,(j-C'" (J '-~ ~. ' ;" ~_. l. ~:6~..,~ ~ ,- ''r ::J~~'"" \-' , ,::;~)to at 'C-" ',' ',,' ~ 4 'f I;-"*II'''~''Y ~!.>r~: . "~i CAli . -:, --- '.;;; . t t . tOvQ~5'" ...."". ". My appoln men explres: ',.'..... " .: ;1;r1,~"'./.t~' :l ========================================================~~=~~~~;~~~$ REQUEST FOR FULL RECONVEYANCE "lllli' I " '(~ \ \,.",' . 11..'tlll\\"\' Do not record. To be used only when note has been pald. TO: TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. DATED , 19 FIRST DEED OF TRUST -4- OR\G\NAL DEED OF TRUST NOTE Bremerton, Washington $550,000.00 December 8, 1995 FOR VALUE RECEIVED, MICHAEL LAINE, ("MAKER"), promises to pay to CITY OF BREMERTON ("HOLDER"), or order, the principal sum of Five Hundred Fifty Thousand Dollars ($550,000.00) in lawful money of the United states of America, on the following terms and conditions: 1. Interest. Interest shall accrue on the unpaid principal balance from the date hereof at the rate of ten and one- quarter percent (10.25%) per annum, calculated by the declining principal balance method. 2. Payment of Principal and Interest. a. Monthly installments of principal and interest shall be paid in the amount of Five Thousand Three Hundred Ninety-nine and 04/100 Dollars ($5,399.04). b. The first installment payment shall be due on -SAN l c;- , 19 qo-, with subsequent installments due on the I~~ day of each succeeding month until the balance due is paid in full. c. The full amount of principal and interest shall be due on the date which is December 8, 2002, seven (7) years from the date of this Note. 3. Right of Prepayment. MAKER shall have the right to prepay the unpaid principal balance, in whole or in part, at any time without penalty. 4. Payment Location. Unless otherwise directed in writing by the HOLDER of this Promissory Note, all payments shall be made at the following address: Bremerton City Treasurer 239 Fourth street Bremerton, Washington 98337 5. Default. If MAKER defaults in the payment of any DEED OF TRUST NOTE -1- amount due under this Promissory Note, the entire principal sum and accrued interest shall at once become due and payable at the option of the HOLDER of this Promissory Note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any time MAKER is in default. 6. Collection Costs and Attorneys' Fees. MAKER promise to pay all costs and fees incurred by the HOLDER of this Note in the event payment is not made when due hereunder. MAKER further promises that if any suit or action is instituted to collect this Promissory Note or any part thereof, MAKER will pay, in addition to the costs and disbursements provided by statute, a reasonable sum as attorneys' fees and costs of litigation in such suit or action, including reasonable attorneys' fees and costs incurred in any appeal thereof. 7. venue/Governinq Law. At the option of the HOLDER of this Promissory Note, the venue of any action hereunder will be in Kitsap County, Washington. This Note shall be construed in accordance with the laws of Washington. 8. Waiver of Demand. MAKER hereby waives demand, presentment, protest, or notice of any kind and expressly agree that if this Note or any payment due hereunder may be extended, any such extension shall in no way impair the liability of MAKER. 9. Execution As Principal. Each person or entity signing this Promissory Note executes the same and shall be bound as a maker and principal and not as surety, accommodation party, guarantor, or endorser. 10. Secured by Deed of Trust. This Note is secured by a Deed of Trust dated the same date as this Note. MAKE~ J~ ~NE 1649 Ferndale Avenue NE. Renton, Washington 98058 DEED OF TRUST NOTE -2- ,f- ". . ~,"'" ~:; ., "\ :v OR\G\NAL PURCHASE AGREEMENT FOR IMPROVED PROPERTY 4TH st. Building THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized and existing under the laws of the state of Washington, (hereinafter referred to as "Seller") and Michael Laine hereinafter referred to as "Buyer"). WIT N E- SSE T H: 1. Premises. Seller is the legal owner of the following described real property hereinafter the" Property": Office Building and accessory parking at 245 4th Street and more fully described as: [Exhibit 'A' attached hereto and incorporated herein by this reference) Seller agrees to sell and purchaser agrees to purchase the Property upon the terms and condition~ contained herein. 2. Value of the Propertv/ Purchase Price/Payment (a) The purchase price shall be the agreed upon fair market value as established by an "MAl" certified appraiser to be contracted by Seller and in the event the Buyer and Seller fail to agree on the fair market value within ten (10) days of receipt of the MAl appraisal, then a second "MAl" certified appraiser is to be contracted by the Buyers to appraise the property, and in the event the Buyers and Sellers fail to agree on the fair market value within ten (10) days of receipt of the second MAl appraisal, then the parties are to apply to the Superior Court in the County of Kitsap to select and appoint a third MAl certified appraiser, and the three appraisers shall thereupon proceed to determine the fair market value and the decision of any two of them shall be final, conclusive and binding upon both parties. The parties hereto shall each pay for the services of their own contracted appraiser, and shall pay one-half (1/2) of the costs of the third appraiser. Immediately upon execution hereof, Seller shall initiate the fair market value appraisal required above. (b) As a condition of the purchase price and as an additional consideration for the sale, the Buyer agrees to relocate the REAL ESTATE PURCHASE AND SALE AGREEMENT -1- LAINE.AGT - 10/2/95 ~ . '. \ ~ , - principal place of business of Renaissance Laine, Inc. or its successor to the Property for a period of at least five (5) years from date of closing unless Buyer can establish there is insufficient office area to accommodate the company's business needs. This condition of sale shall survive closing. (c) Purchase price shall be paid by promissory note secured by a Deed of Trust on the Property with equal monthly payments sufficient to amortize the purchase price over a period of twenty years, with payment of remaining principal in full after seven years. Interest on the note shall be at a rate sufficient to produce gross annual payments to Seller of $80,000 so long as the rate does not exceed ten and one quarter percent (10.25%) per annum. The city Attorney shall prepare the Note and Deed of Trust subject to Buyers approval as to form. 3. Earnest Monev Receipt. Seller acknowledges receipt from Buyer of $10,000 earnest money, in the form of a promissory note to be held by Closing Agent. If Buyer satisfactorily closes this purchase, or the contract fails to close for any contigency contained herein, the note shall be cancelled and returned to Buyer. 4. CONDITION OF TITLE: Title shall be conveyed by Statutory Warranty Deed and shall be warranted to be free of all encumbrances or defects except: Rights reserved in federal patents or state deeds, building or use restrictions general to the area, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. 5. FINANCE CONTINGENCY: Buyer's obligation to close is contingent on settling terms for venture capital now under negotiation. This Agreement shall terminate and Buyer shall receive a return of earnest money unless the Buyer notifies Seller that this condition is satisfied or waived on or before forty-five days from execution of this Agreement. 6. TITLE INSURANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser's Policy of Title Insurance in the amount of the purchase price at Purchaser's request and expense. The title policy to be issued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 2 above. If title is REAL ESTATE PURCHASE AND SALE AGREEMENT -2- LAlNE.AGT - 10/2/95 ~ '. . Ii . , " not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. 7. DEFAULT: If either party defaults (that is, fails to perform the acts required of that party) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 8. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities, and other operating expenses shall be prorated as of date of closing. 9. POSSESSION: Sellers shall deliver' possession to Purchaser subject to existing tenancies on closing. Possession shall be deemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing agent. 10. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present condition on the terms noted. Sellers hereby warrant that to the best of their knowledge the premises described herein and the improvements thereon' do not violate the applicable building or zoning regulations and that they are unaware of any material defect in the premises or improvements thereon with the exception of the following, to-wit: Fire code retrofits specified in Exhibit "B" attached hereto. 11. INSPECTION CONTINGENCIES. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless buyer gives written notice to Seller within 20 (twenty) days of mutual acceptance of this Agreement stating that Buyer is satisfied, in Buyer's reasonable discretion, with the results .of the following inspections. If such notice is timely given, the inspection contingencies stated in this section shall be deemed to be satisfied. a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents as soon as possible but no later than ten (10) days after mutual acceptance of REAL ESTATE PURCHASE AND SALE AGREEMENT -3- LAINE.AGT - 10/2/95 ~ '. this Agreement all documents available to Seller relating to the ownership and operation of the Property, including without limitation: (1) statements for real estate taxes, assessments, and utilities, property management agreements, service contracts, leases of personal property or fixtures, leases of all or a portion of the Property, and a schedule of tenants, rents, and deposits; (2) plans, specifications, permits, drawings, surveys, reports, and maintenance records; and (3) accounting records and audit reports. Buyer shall determine within the contingency period stated in the preceding introductory paragraph whether it wishes and is able to assume, as of closing, all of the foregoing leases, contracts, and agreements which have terms extending beyond closing. Buyer shall be solely responsible for obtaining any required consents to such assumption. Buyer agrees to indemnify and defend Seller from any liability (including for attorneys fees) arising from or relating to performance required after closing under such leases, contracts, and agreements and leases assumed by Buyer. This agreement to indemnify and defend Seller shall survive closing. b. Property Inspection. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property, at reasonable times after legal notice to tenants, to conduct inspections concerning the structural condition of the improvements, all mechanical, electrical and plumbing systems, hazardous materials ( limited to a Phase I audit only), pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the. Property for Buyer's intended use. Buyer agrees to indemnify and defend Seller from all liens, costs, expenses, including attorneys and experts fees, arising from or relating to Buyer's entry onto and inspection of the Property. This agreement to indemnify and defend Seller shall survive closing. 12. HAZARDOUS SUBSTANCES. Seller represents and warrants to Purchaser that, to the best of its knowledge: (i) there are no Hazardous Substances as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); and (ii) there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous substances or the violation of Environmental law at the Property. Seller is aware of an abandoned underground fuel oil tank on the alley side of the building. Seller agrees to permanently decommission this storage tank in accordance with WAC 173-360 prior to closing. As used herein, the term "Hazardous Substances" shall mean any substance or material now defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human REAL ESTATE PURCHASE AND SALE AGREEMENT -4- LAINE.AGT - 10/2/95 ~ l- i, health or the environment ("Environmental Law"). The term includes, but is not limited to, petroleum, petroleum by-products, and asbestos. Seller agrees to indemnify, defend and hold buyer harmless from and against any and all claims, liabilities, losses, penalties, remediation costs and expenses (including attorney's and consultants' fees and costs) that Buyer may incur or have asserted against it as a result of the presence of any Hazardous substance in, on, or under the Property which is in violation of any Environmental Law at any time prior to closing. The provisions of this section shall survive closing or termination of this Agreement. 13. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to accePta~ Sellers on & or before Twelve o'clock midnight on FI-tlllv. /3 cT: /PPS- . ~rY I /.n- cg /f1!:J ~,0A 14. TIME FOR CLOSING - RESPONSIBILITIES OF prRTIES: ~ The sale shall be closed in the office of the Bremerton city Attorney within 60 days after execution of this agreement by both parties. The Purchaser and Sellers shall deposit with the Bremerton city Attorney all instruments, documents and monies necessary to complete the sale in accordance with this agreement. 15. CLOSING COSTS AND PRORATIONS: The Sellers agree to pay for the costs of clearing the Sellers' title to the sale property, including any delinquent property taxes, and any real estate excise tax related to the sale property. Real estate taxes for the year of closing, and utilities, shall be prorated as of closing. Any assessments shall be paid by the respective parties. Security, cleaning, and any other unearned deposits on tenancies shall be assigned to buyer at closing. 16. DATE OF CLOSING: For purposes of this agreement, "date of closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Sellers. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Sellers. 17. RISK OF 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 Purchaser shall become null and void. If Purchaser elects to continue, all insurance proceeds, if any, shall REAL ESTATE PURCHASE AND SALE AGREEMENT -5- LAINE,AGT - 10/2/95 @ be payable to Purchaser. 18. PERSONAL PROPERTY: (1) All attached floor coverings, attached television antenna, window screens, screen doors, storm windows, storm doors, plumbing and lighting fixtures (except floor, standing, and swag lamps), shades and venetian blinds, curtain rods, attached bathroom fixtures, trees, plants, shrubbery, water heating apparatus and fixtures, awnings, ventilating, cooling and heating systems including built in and "drop in" ranges (but excepting all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. (2) Personal property other than fixtures, except restaurant equipment on the ground floor attached as Exhibit "C", owned by Seller is not included in this sale but may be subject to purchase by an addendum hereto. 19. ATTORNEYS' FEES: If either party hereto is required to retain an attorney to bring suit or seek arbitration to enforce any provisions of this agreement, said party shall be entitled to reasonable attorneys' fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 20. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement. All subsequent modifications or waivers of any condition of this agreement shall be in writing and signed by the appropriate parties. 21. ASSIGNMENT: Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent. <"" Buyer's Address: 1649 Ferndale Ave. N.E. Renton, WA 98058 Buyer's Phone: (206) 255 4952 REAL ESTATE PURCHASE AND SALE AGREEMENT -6- LAINE.AGT - 1012/95 ~ ," , " On this date and accept the sale set carry out all the terms ******* /2 ( 'if /q ~ , we hereby approve forth in the above agreement and agree to thereof on the part of the Sellers. Date CITY OF BREMERTON / # BY:~ ), ~ LY N HORTON, Mayor SELLER DEPA W. E~~~ SAM7 EY Director of Public Works & utilities AP~OVED A 0 FORM: y~ f-AN R. S,~j:VERS , C it Y Attorney Seller's Address: Bremerton City Attention: 239 Fourth Bremerton, Hall Kathleen Street Washington L. McCluskey, Clerk 98337 Seller's Phone: (206) 478-5290 i- ',:>'-g~ REAL ESTATE PURCHASE AND SALE AGREEMENT -7- LAINE,AGT - 10/2/95 @ i, ." . ,'. ******* A true copy of the hereby received on foreg ing agreement S~~bY Sellers is ~) /2-- ~/lr. ~, IAN~ Bremerton City Attorney\ Agent for Seller RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK REAL ESTATE PURCHASE AND SALE AGREEMENT -8- LAINE.AGT - 10/2/95 ~ ~b .' ~, J EXHIBIT "A" Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington, and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2, of Plats, page 30, records of Kitsap County, Washington. .~ ~ ..... -....,"'-- - ... -- --........ (; EXHIBIT NO. U E " Michael D. McKinley, Fire Chief 817 Paci1icAvmue · Bremcrtcn, WA 98337 . (360) 478-5380 . FAX (360) 478-5397 October 10, 1995Tuesday, October 10, 1995 TO: Ian Sievers City Attorney FROM: Fire Chief~ 245 4th Street Building Michael D. McKinley, SUBJECT: In response to our conversation please find the conditions and timelines below as required under adopted codes for the 2:45 4th S,treet building. Deputy Fire Marshal Rappfeye has spoken to the potenti~1 buyer Mr. Michael L~e through a telephone call initiated by Mr. Lane. In that conversation Mr. LCfne was informed of the conditions and options to vJ1ich he volunteered that his preference was to sprinkler the entire building. His intent as stated that day was to start Vvith the basement upon securing the building and progressively finishing the rest of the building in a tv.o year period. His expectations certainly meet any and all code requirements as adopted by the City. For the record these are the required modifications needed: 1. Basement jf occupied needs to be fire sprinklered . .f 2. Creation of 1 hour corridors and completion of the fire detection and alarm system, on all floors 3. Protection of vertical opening to one-hour protection (stai~lIs and elevator openings) for smoke management. 4. Completion of exit and emergency lighting Timelines v.ould be: Vvithin 6 months Numbers 1, 3, and 4 Vvithin 12 months ( construction starting) Numbers 2, to be completed Vvithin 18 months If sprinkling in lieu of Number 2 then 24 months to completion. Additionally there is the existence of an underground fuel tank formally used for the furnace. This tank is located under the alley overhang in the building. @ · Serving the citizens of Bremenon since 1901 . "........ .. :i ,{ . '~ ," j " 'I 'j 1 :, , i j J I i 1 I I I I 1 I I ,1'" , . Tenant Owned EXHIBIT NO."_ C- " City Owned 2 "lteady" Pitdp 2 basket 2 rubber floor I 4 shelf Wood s \ 40 gal. garbag I, 1 rac:I\l.o clock mop &\bucket 18 small plat 24 plAstic fo \ 4 dred'f1e 12 assort kn'ves \ 2 drawer & 0 e hang I . bar o~ aSSQ ted utensl.ls stainless b wls I pebble lbowl 16" \ 4 2" l/b ans \ 2 4" 1/2 ans 1 1 6" 1/2 an 2 4" st~ m pan 4 4" 1/3 pan 3 tier me al shelves , 12 shelf glass case 2 3 she ~ bus cart 1 cash r glister 1 taylo i~e cream 1 7 f . tiree all pic uref 88" sa Ci. lear 3 shel cabinet I 4 tele hones donut aker \ roll art fot above chest freezelr sala bar \ 1 ca h reg. stool 6 ? \ 1 io/record 2 eakers \ 8 stebaskets 1 v cuum cleaner al Cups/glaSS~s {~er at elves can globe slicer walk-in cooler Ig. Wood chop block ice machine 3 drawer Wood desk storage shelVes food warm shelf large platters round plates salad plate soup bOWls (all) small soup bOwl monkey dishes 2" 1/2 pans 4" 1/2 pans 2 6" full pans 4" 1/3 pan 4" 1/9 pan 12 19 4 tables 18 sm 2 tables 1 single door refrigerator glass case/cabinet ice cream freezer 2 pot steam warmer 3 child seat 93 rust color chair 4 sec. silverware tray steam table (2 full pan) 1 sandmaster microwave double door refrigerator gas flame broiler 2 burner Cooker 3 control grill/oven grill hood fan gas soup cooker 10 shelf convection oven 5 stainless tables tfabart mixer 5 shelf metal shelves open door freezer ~ ;"'. ',' ", ',,' "','" , "'. . . ..' ' " . -. . ' ..<,. . '* - , , ) j.",. .( . . ,. ',' Leased /- COk~maChife Rerds~e juice disp. auto chI dishwasher \ Bunn co ee maker - . '. . . . ,-.... '-.':.'. '\ ) \\ City Owned 6" 1/6 pans 3 19. soup kettle 2 wok 1 19. strainer 5 dishwasher trays (red) 4 dishwasher trays (green) Ansul fire extin- guisher system ~ " ..4 " . ( . . ADDENDUM TO PURCHASE AGREEMENT As additional consideration for the Purchase Agreement dated December 8, 1995, for the purchase price of $550,000, Purchaser agrees to allow the City to continue occupancy of the space in 247 4th st. until December 1, 1996 without charge. The City shall pay its separately metered electrical service. DATED: ~ -;-7 HII ):c. EI1X&EIL 14?> ~~.. . MICHAEL LAINE ADDENDUM TO PURCHASE AGREEMENT .I:! '" ~: 4:: i:~ .c: i oi:: ~:: .~ 9:: oi:: .;;; ;t; ~1 .'~: 'i:~ ;;; .r:: .~~ ;!;l .'~i ~n; oi:: oi:: "1:~'.dt::n:~:E :!!:~~#.:;:{;: ,ii:~',::fH\:~~:: 'i:;~',i:#.:~:~~i: 'i!!":::t:::.:.:1;i:.; i!!:'::,~:;:!~~: ,::~:~.",:::%t~!i!'J:~:.:.:!~i\ :!:!':~~'" :~:;: !j!:':i:~~i:\H' :m':if~:::~~: ':W".i'!i~:1Hj '!!:':::-n:~:!::; !;H'::m:::~li:: im':iF"~. -Hi;- !!;:':~:l, \1::; ?iJ::~::..~H ?!i::::i~ COMMITMENT FOR TITLE INSURANCE CHICAGO INSURANCE COMPANY TITLE CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: LAND TITLE COMPANY OF KITSAP COUNTY, INC. 400 Warren A venue Bremerton, Washington 98337 (360) 377 - 0133 CHICAGO TITLE INSURANCE COMPANY By: ~~/ ~/~. presid~ /7 j . /'-:.~ rl ".....,1' ~f~ By: Authorized Signature .';\h"::~:r,;j!:: -~;U:::1:jl~:;f!:: n:;:~lt.:iW~ili.:::~_~',;;::~;2:; ~~, ~ili.,';~i~:;:!; ,:,]:;.':;;#:1',::1; :!:~::;~;~:;ii ;ii;~::;~;~'.;i!' ~:\:.::;~;:'.;:!; !\::':.:\_:;::',:ii, );;::r~:~',;:!i :::i;.':;~;~',:i! ;:\;; ':~:::;:',::!; .n:.:q:;:;:',:fi' ':\);::;:~W::H "::;:,:;:;:;I'.;i!' .. :a. ~~ ::i. ~:i, ::i> ::io :3. ::;. ::i; r:i> ISSUED FROM THE OFFICE OF: LAND" TITLE COMPANY OF KITSAP COUNTY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 7, 1995 at 8:00 a.m. Office File No.:E-105904-3 2. Policy or policies to be issued: Your Reference:LAINE ALTA Owner's Policy 10-17-92 Rate: (X) Standard () Extended Proposed Insured: Amount: $ Premium: $ Tax: $ 550,000.00 1,405.00 113.81 MICHAEL LAINE (See Requirements) ALTA Loan Policy 10-17-92 ( ) Standard () Extended Proposed Insured: Rate: Amount: $ Premium: $ Tax: $ Other Coverage: ( ) Standard () Ext~nded Proposed Insured: Amount: $ Premium: $ Tax: $ OTHER FEE: $ Tax: $ * MINIMUM CANCELLATION FEE INCLUDING TAXES: $54.05 NOTE: In the event there is no activity on this file within six (6) months from the effective date, the cancellation fee may be billed. 3. The estate or interest in the land described to in the Commitment and covered herein is: A FEE AS TO PARCELS I AND II 4. Title to the estate or interest in the land is vested in: CITY OF BREMERTON, a Municipal Corporation 5. The land referred to in this Commitment is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF. EXHIBIT 'A' Office File No.: E-105904-3 DESCRIPTION: PARCEL I: LOT(S) 12 AND 13, BLOCK 7, PLAT OF BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 30, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL II: LOT(S) 28 AND 29, BLOCK 7, TOWN OF BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 30, RECORDS OF KITSAP COUNTY, WASHINGTON. SCHE;PULE B Office File No.: E-I05904~3 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B. Encroachments and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-ways, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, natural gas or other utilities, or garbage collection and disposaL G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims, or title to water. J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires of record for value the estate of interest or mortgage thereon covered by this Commitment. FOR SPECIAL EXCEPTIONS, SEE ATTACHED COMMrTMENT.FOR TITLE INSURANCE Office File No.: E-I05904-3 SCHEDULE B-I SPECIAL EXCEPTIONS: 1. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded October 10, 1991, in the office of the recording officer of Kitsap County, Washington under Auditor's File No. 9110100056; In favor of: PUGET SOUND POWER AND LIGHT COMPANY Fo~: Underground and/or overhead transmission and electric lines and appurtenances thereto; Affects: North 20 feet of Parcel I and other property 2. A Lease, or memorandum thereof, including its terms covenants, conditions and provisions; Dated: August 9, 1988 Recorded: November 7, 1988 Recording No.: 8811070090 Lease Date: July 15, 1988 Lessor: Fourth Street Building Associates, a Washington Partnership Lessee: McCaw Communications of Bremerton, Inc. 3. Assessment of; Amount: By: Account No.: LID No.: Affects: $19,426.36 City of Bremerton 3718-007-028-0000 326 Parcel II of said premises Contact 478-5273 for further information. 4. The subject property is presently classed as exempt from standard taxation. It may be subject to the collection of back taxes for a three to ten year period, depending upon the actual use classification of the property after sale and during its exempt status. 5. Liens of real estate excise sales tax upon any sale of said premises, if unpaid. Excise tax rate for Kitsap County is 1.78%. BJS/rjm END SPECIAL EXCEPTIONS The following matters will not be listed as Special Exceptions in Schedule B of the forthcoming policy to issue, and there will be no coverage for loss by these matters because they are excluded from coverage by the terms of the policy. SCHEDuLE B-I Continued File No.:E-105904-3 NOTE- 1 : General taxes without exemption; Amount: $619.92 Tax Account No. : 3718-007-012-0008 Affects: Parcel I Levy Code: 0010 Land Value: $49,000.00 Improvement Value: $4,200.00 NOTE- 2: General taxes without exemption; Amount: $6,210.87 Tax Account No. : 3718-007-028-0000 Affects: Parcel II Levy Code: 0010 Land Value: $49,000.00 Improvement Value: $484,000.00 COMMITMENT FOR TITLE INSURANCE Office File No.: E-105904-3 SCHEDULE C The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered, and duly filed for record. 2. The interest of the proposed insured will be subject to the community interest of his or her spouse, if married at date of acquiring said interest, and further subject to matters which the records may disclose against the name of said spouse. 3. Evidence of the identity and authority of the officers of the City of Bremerton, a Municipal Corporation, to execute the forthcoming instrument must be submitted. END SCHEDULE C REQUIREMENTS U;IVI ..... L: I~~'~' ~ ~ "b'0'~ III . \~._~::J ('Iii I 1:>1 7'0 'l 10 " +c' I .70 lOr. ~ ~,." , i,_:" ! I \~::!-J I .,r:-::.......... ~ ~.I ~ :. oz.., 1: 0'..'.3" \ !,_~_../l _.' I , . I I ' , I I t~_.A_~~~'_ ~: <., ~o -~- - - -- - -STREET v~~ <:~-r-:-:. ..,. 44 2J~~ 4Z 41 40 I I", ~'~'. :.\ - ~I , .v,.c;'~c.-N91.~~S'4;,~::.::"~ : '. \ : i _"" "'.5;'" 7 & c:. _____0._ .' -"'...- ~----i--;Z;:Y-:-"~~J l:t I ~ : ~B 27' .Z!.. ~'\ I ..--~ " ~) i -0,",,0) 'I,' ~ II.).S- . Y ;'. r ~t t;Z~';A-:l \ I ...--.. n_ ("I ~ I (Oz,':<X)". - 01 /j: ..--/'-1 I . 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'V r ;,C>O~.O<,_:c: ~~ "1-- -,: ~ ,oT f'-"., ~- jt" ....~ \ V, r~ .J. .~. ve 345 :':1(,.;" ~ f-h '--" STREET 3 o " ~._~:-~ ;;i~~ !;;Z~-~ ; . 1'-- _.._~--j---~~.- ~ 'I "l~,~-;;' "-I rJik .,,00' ~i I . c.o ~I .IJ l r-- -.""--'.---r-----~'- --'J---.---- <.H~ ;:4!~_____ I ->3 ...;? 41 4C 3<) .,~ :;'! .;,. :!.~ 34 331 ~ 31 30 Z'l 25 27 2'- /; .. 100 I I", ,.--....... 1 ~ I - --- I(f\ :;--, I" ! II..~.... ~7:..':3 I~) ;C~~ \:!.'),I-(OU,!)Clj' m I I,' I \~j ',...' j~; ~N I''?! '''0 5D ".. ~... ;J . ..., N ~1 .zV= '-,jl ,-"'/"'.1..," - ~~ IZO_ _..__.__...,~.,..._~~~ .J; ~ , -, I , I ,~\ , ' ,-9: tl;6~i:~ '~ ~:;]r-:~~ iri:,f\, ':'::~:'-j';:::-,:,~:~"~M~'i ~,:; @ '.. . w ~~~ .-"'I'V I' 1 I 0: .-.:-2....._. 3,O:!. _ 5'.8::_ __"'..::._1 ~o 1_ _,.-'0___ ___ ,___'7.< .0______._/. oJ; I:.~---I ~ ...... ~ ...... ~ ~ Cl t.jt-h -, ~"'~"., n _ , 1)-' ,) ,"_,,' , t_' STREt.-T o .. 13~ 39 ~7 3~ i':~' ~ Q' -'~ 31 301 ~h<~'r:~~~~~:t;j----:j..r';-'-:-co-, (') ",__ /g'. '~-~ _ I~~I -- i !~ 0/ 2,O~Hdt ' :. .1 b34~) O:R<>9 (030"'<' j '.6'~..IQl3J~ I ~ ..Ii L'-----' Q; I ./ "-; ---' ~'~L'- \; / ;:,----'; ~___ ..:2..L_~,_ -I:;:..,.L-,,,;o,,,,,. __~,,-t . _'.').J_~,,_~p!!., " I C ' '4!1~1;8' :;1'~~<e];:\r~il~\i7 bJ I~ o"'.~~ .",',\",. =7-0c~ I\oo':l'~"~j: !R!:2~ i~ ~ ~ - ':'70.) ~, , Vj 0 1"----1''0/ n, --: ,'P':. '- "" \ . 0l I I :::tJ I'T1 ! f:" 0" 'I r-.. '" 'Iff I I . -I C") , Il' I.. - -----, J ._.I'.~O.. "3'": ~~t-: (,.<.) I :5' ~o -<-!...::--t L r..1.:.1- (-i..,::! /h.,-,OI".cxY : i. .,..- ,- ,u_ ------, -- --- ---,- '--"~:i '., ':.J ') 8uRwell STREET .~~~~ ' r------------ ~J ~ ~ 27 ?, I I~ 'r':~ _ j ... --r-----,---=-i ~, t l~ ~~ <oil! . 2' ! I ' , . ~ '0 @ ~i i . I <-Co "".~ I ___ ____h .____ -L-.~._____._... (. .' -~-:J ~.., I ~ ~~~ i:~ :':::4 <.S /"'---, ..,1 ~ ,?!.~'~O) :1 , I I I "-)1.5 I ~ c 'J - T~- ... ~~?7--~~.';-- ,.----..,...- ----r--.---- ------.-----.- '1 :..7 '':'' =._": ~... .L':: ::.~ 21 -------- . ~,................ fV- --, ...:) _"'!l ?I: ... "0 0~ ..- ~ .?l~-~J ,,',- I "';t . "' .. '" 1- :. v.'~.':_AT t.:.D ,'_~I/ :'); -,'",~,/ ~Cl~j ,_, c.._ _ I ~ , , '__ ~/ I-'--;-;'-;:'--~ loC; 'i:. l 13 011-00 4 "' ~ "' i I :1 j :---'---:-r-;-i"' ;~. 10 ,::>/0."'0.1: ~! :.~ :-~:;)\,~~i J::':)_ -----l 1..-, I~ lo---.:....__t~.... _____ _--1._... c01.00 2ND STREET ; ? ':, :'~7.':"o., -,';'f.-~ ,~,~. ,~.~ . , I.' <~'J:,...,. II II ," "J / I' II' 11' \'1. ~ . (" . 1,-",11 (1/1" ) ~ " ... /' .",'\", ,'," ~. , r ~ 1~.1 J "x ., -;:) (, 0 k:,o{I(LANO W\. " ~; .' J J'- ? 7 <. (' a CI' C> \:) r-- o ME:."!ORANDUM OF LEASE BETWEEN FOURTH STREET BUILDING ASSOCIATES ("LANDLORD") ANn ~cCAW COMMUNICATIONS OF BREMERTON, INC. ("TENANT") . . A Lease ,between Fourth ,Street Building Assoc1ates, a Washington partnership ("Landlord") and McCaw Communications of Eremerton, Inc. ("Tenant") was made regardirig the following premises: c.o CO Space on the rooftop and in the building located on the following described real property: Lots 20 and 29, Block 7, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. The date of execution of the Lease was Subject Lease is for a term of five (5) on July 15, 196B (the "Commencement Oat midnight on the last day of the month ,in which the fifth annual anniversary of the Commencement Date shall have occurred. Lessee shall have the right to extend this Lease for five additional S-'-year terms. IN WITNESS WHEREOF, the~.ies ,herrh3v respectively execu ted thi s memorandum thi s , / day "of ..,.'.., 19RB. -;:... ..' _. ~~:':i..... ..w -.......,,- Attest: FOURTH STREET BUILDING ASSOCIATES, a Washington ~~9,. McCAW COMMUNICATIONS OF BREMERTON, INC. At.test: -- :-!! r:n ;: 0? ~\E.COR[1 '.:'o_-/J-...u &.v/_ t'~~" t~ :"}"-{ r~ll.lu j_ ! , ,/7 / /(./.:"'.-;"'1: /' ,_ - . Co' ~ ~_" 11 r~r 2Db mc.C:OV'VV'\I<:.X. ~ Vice President .~.:\; ~~,: '.: ..t.--- r0621CII 88 I '070090 PHt479f1l 815 .."." -..-_"__' ..-__tJ,;,t,lO'..s.;.;_"1:-~~_;.;..J....;~..;\!...:._!..r., ........- . ..>'" '- --.-~ -" . ...~:-..,,__,,"...-,-' \\ ,L -L , <\ I , I , ., .' '\ n -.J I"":" I - STATE or ,'.;". ..- .... 5S: ~, CO'.Jnty of \-, '.' ',H,' On this:; cay of }\"">',, , 1988, before me, a Notar y publ ic i nand for the State of \r.' ,-",.' ~ ,..' " per 90nally appeared \,'or, ",,""}, \'; \\,v;,'" i" , known to me to be the individual who executeif"the within ~na foregoing instrument, and acknowledged the said instrument to be ~ free and voluntary act and deed for the ~ses and purposes there1n mentioned. , the official seal affixed the day and (', f\-'~" I I -<::'::.' "'- ('~' ~.\ \ '\ . _" '\{;: ...:'. of,. .. ( ';_ I (......., NOTARY PUB~IC 1n and forI ~h~ state of \;.''''',\' ",i. H. , .,;,J,"'" My commission expHes !' ':'7 ~.W;TNESS my hand and y~a~ ~ir~~~above writte~. :t/'. ,/",",,1:' ~/:<;j~'" "\ ~. ,.' c. '. (.. .' '>.:,~, ~,~.~.~ STATE or' WASHINGTON " 1 1 ss: County of King 1 -{V1 On this ~ day of ~ , 1988, before me, a Notary Public in and for the Stat 1ngton, personally appeared Steven W. Hooper, known be the Senior Vice President of McCaw Communications of Bremerton, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed oE said corporation for the uses and purposes therein mentioned, and on oath stated that ~e was authorized to execute said instrument and that the seal ~~fixed thereto is the corporate seal of said corporation. WITNESS my hand and the official seal affixed the day and year ~ir~~above written. ~--' .... _~,\O\~ l t~kuM) NOTARY PUBLIC 1n nd for the State of Washington. My commission expire5 S-[042.. ,'r;, 'J'"- . , . " 88 I 1070090 fOo21CII FEH479fll 816 " . ",I ~~_.., u 1.~ i.L :,' )' <'\ '\ ~ i"",.",:"j.;';\:\:\:;S:::';";;'iir;J,ri;.':;;.:i~:;~ .::t:~.:.,~'.; .;.: "..',' '.,,; ';';~",;'h:>:fAt~'.)':~(;i:;iW}f;f;.i;:N.5;;tdJ~;~;,-;;j:;4id..j.;,." ~:c;~7;}~~: \\ .L L , . ~ .- -~'.~ \ .. ..n "<:J" 1 N 0 2 ..n N 3 ..n 0 4 0" 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 d?Of;;;~ Filed for record at request of: city of Bremerton When recorded return to: HALL, PINCKNEY & KINTNER, P.S. 645 4th Street, suite 201 Bremerton, Washington 98310 STATUTORY FILED FOR RECOIW REO. O;_<;'H:'~.:n:n.E_~ 91 JUll26 PN 2: 44 ~:,a,~n: :i rH~~ ws,',r C!U~;lY I.Ur'/mR O[rurr ~.... --.. -----r- f\ WARRANTY DEED J /' THE GRANTORS, EDWIN J. BJORK and WANDA BJORK, husband and ~ife, for valuable consideration in hand paid, convey and ~arrant to the CITY OF BREMERTON the follo~ing described real estate, situated in the County of Kitsap, State of Washington: Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington, and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2 of Plats, page 30, records of Kitsap county, Washington. DATED this \~ay of .June. STATE OF WASHINGTON s COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Edwin J. Bjork and Wanda Bjork, husband and wife, signed this instrument and acknowledged it to be their free ~nd voluntary act for the uses and purposes~ention d in the i strument. DATED: June~, 1991. \~l.::, ''1': - .:>....::..~ :; ;':.::( , . ,'.....l~~ l.~;\"',\, \ :;;. .:... ~: ~ ., " "'ZOl' \ \ ( j:- ,', ,. (, ....:...r . ;. c...:.': ~ 2.4. . .,,' r .. r ' 25 26 NO. .y/~/ KIT~AP COUNTY TRANSACTlOr.: EXCISE TAX P/,ID .11TH 26 1991 A/.,40lJN i 7~J7..L COUNTY ~~S0AERU BY At 7/,:/ 6260246 - 9\ STATUTORY WARRANTY DEED -1 in and for the State of Washington, residing at Bremerton My appointment expires: Ic:>- H 3 if[L595~Q1749 HALL PINCKNEY & KINTNER P.S. ATTORNEYS ;T lAW ........ ..._ ......)0, tllilllw.rOlol w.. M2'. FAll' no.. .i. Mil 1'JlMi'1'3 M" O'R I GI Nl\L SELLER'S CLOSING STATEMENT SELLER: CITY OF BREMERTON PURCHASER: MICHAEL LAINE LEGAL DESCRIPTION: Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington; and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2, of Plats, page 30, records of Kitsap County, Washington. Total Purchase Price AMOUNTS DUE/PAID SELLER $550,000.00 Cash Payment Payable to Seller at Closing $550,000.00 REDUCED BY Seller's Closing Costs 1% Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 Total Seller's Closing Costs $2.00 ( 2.00) TOTAL PROCEEDS IN PROMISSORY NOTE PAYABLE TO SELLER $549,998.00 NOTE: Real property taxes for the 1995 tax year are exempt until closing and will be billed to Purchaser by Kitsap County Treasurer. ACCEPTED 1995. It is further understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered; it is to be assessed and immediately collected from the party or parties li~theref~ AND APPROVED this 8" day of BY Attorney SELLER'S CLOSING STATEMENT LAINE.SCS - REAL ESTATE - 12/8/95 PURCHASER'S CLOSING STATEMENT ORtGtNP\L SELLER: CITY OF BREMERTON PURCHASER: MICHAEL LAINE LEGAL DESCRIPTION: Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington; and Lots 12 and 13, Block 7, Town of Bremerton, according to plat records, Volume 2, of Plats, page 30, records of Kitsap County, Washington. Total Purchase Price AMOUNTS DUE/PAID SELLER $550.000.00 Cash PaYment Payable to Seller at Closing $550.000.00 ADD Purchaser's Closing Costs to Cash PaYment Payable at Closing: Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) $8.00 $8.00 8.00 $550. oo~. 00 p f(.oo Total Purchaser's Closing Costs TOTAL PROCEEDS PAYABLE IN PROMISSORY NOTE C~~W NOTE: Real property taxes for the 1995 tax year are exempt until closing and will be billed to Purchaser by Kitsap County Treasurer. It is further understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this 1995. ~ TN day of, I?~ ( E~ 8t (2- / /1 J ' //1 rc---- / r" 5- PURCHASER'S CLOSING STATEMENT LAINE.pes - REAL ESTATE - 12/8/95 It .. . . . . . . . . . . . . .. ., I'LEASETY~ ~ lP \f . . . PLEASE SEE REVERSE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped by cashier. CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at County Treasurer's Office (Use Form No. 84-0001B for Reponing 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 D Name G_tt.Y-__QJ:.._l:3l'_E;J!ll?_~t-9D__._____..__......__._. CI:CI: ~~ ~Z ti;< :n~ '"' Street. 239 4th 'S.treet City /State/Zi p_.I?:J:_e.rn~Et()n.,-~~ ... 98337 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name . ._.._~:j,~.h9~.1__l9 i!lsL.. Street_.__._..__~_~.4 9__.~~:.~_~_~_~~__~_~_~. N E II Name____M.:L<;:_h Q.Ei.l__.l.-9 i lJ_e.._____. >:ol c.::>:ol >:ol~ 5< =:c.:: l'J ~^-_.,~.~,-"., ~~-,-----~..~--_.._----~----,--_._._._-..__.---_.-_..-.---.--.,-..---- -. Street.__.__J,J34 9__.E~:r.n <i~Ll?..__.L\.YJ;J_.f'U:_. City/State/Zip __.B.E:lD.:t_Q..Q_LJlIj__8__..__~_e..Q~JL.__.. - ALL TAX PARCEL NUMBERS 3718-007-028-0000 . ._..___....._ _. _~...____ _.__._.__ _~ ..,_.._,,~_v_..____.,__.___._~' ,.__.. ..-.,._._-~->.._._._------'- .~L:JJL:.O OL~ O.lZ.::-_QQO 8____._._____ C ity /State/Zip_B.~il.!_Q..~.L_.tJ_~_._~.Q9_5.~...._. .-------. ... --.--.-----.- 11 LEGAL DESCRIPTION OF PROPERTY SITUATED IN. 0 UNINCORPORATED Street Address (if property is improved): 245 4 t h S t r e e t COUNTY [X] OR IN CITY OFRremerton Lots 28 and 29, Block 7, Town of Bremerton, according to plat records Volume 2, of Plats, page 30, records of Kitsap County, Washington; and Lots 12 and 13, Block 7, plat records, Volume 2, Town of Bremerton, of Plats, page 30, according to records of 11 Is this property currently: YES NO D ~ Classified or designated as forest land? Chapter 84.33 RCW Classified as current use land (open space, farm D and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit organization? Chapter 84.36 RCW Seller's Exempt Reg. No. _ _ _ _ - - - - - Receiving special valuation as historic D property~ Chapter 84.26 RCW Property Type: 0 land only ~ land with previously used building o timber only ~ D ~ 00 o land with new building o land with mobile home building only Principal Use: o timber o other o Apt. (4 + unit) o agricultural o residential 00 commercial/industrial a (I) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish [0 continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or addi- tional lax calculated pursuant [0 RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred ljualifies to continue classification or designation and must so indicate beluw. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the com- pensating taxes will be applied. All new owners must sign. This land 0 does 0 does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish [0 continue this special valuation the new owner(s) must sign below. If the new owner(s) do not desire [0 continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE II Description of tangible personal property if included in sale (furniture, appliances, etc.) If exemption claimed, list WAC number and explanation, WAC No. (Sec/Sub)__~1\.G.~_QJL::.Q.1=.12Q.._.._________. Government transfers to or Explanation --.-.-...--rrom-----.------------.-----------.-..-----..... _,~__~.___^___.__.__ m'____.~.___<'._ ___,__._~___________~___'_____._..._____~ --. - .-....--,.--.-,...'..- Type of Document ._..J; t a tl,J..:t O.1:.y__W a :r.'.f_a nt,y_.QE;l.E:l..<:L...__ Date of Document __..._________..___..__.....___........_.._..____.___.. . Gross Sale Price $ _.~..5_Q__,.Q..Q.Q,_Q.Q Personal Property (deduct) $ - 0 - Taxable Sale Price $ Excise Tax: State $ Local $ State $ Local $.__-:.Q~ Delinquent Penalty: State $.. .:::0",__. Total Due $w.=O::,. THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE -Q=---.--- -0- Delinquent Interest: II AFFIDAVIT Signature of Grantor/ Ag Attorne Bremertor Signature of / Grantee/Agent MICHAEL ..- LAINE Name (print) Date & Place of Signing De ce mb er 8, 1995 Bremertor Perjury: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not mort than fi ve years, or by " f; 11e in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9/\.20.020 'Ie)). Ri:.V S4 CX:XIl" (ti.lb.95) (I'D 6.19.95) COUNTY TREASURER fOR TREASURER'S USE ONLY