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Home My WebLink About4321 F ST. ....- "~... .. , " .' .,... REAL ESTATE PURCHASE AND SALE AGREEMENT IN LIEU OF CONDEMNATION THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREMERTON, a Washington municipal corporation, (hereinafter called "Purchaser") hereby agrees to-purchase and the undersigned Sellers hereby agree to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly .known as 4321 "F" Street. Bremerton. Washington, and legally described as follows: TAX IDNUMBER: 4502-024-005-0000/4502-024-030-0009 LOTS 5, 6, 30 & 31, BLOCK 24, BREMERTON HEIGHTS, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON 1. PURCHASE PRICE: The total purchase price is NINETY THOUSAND Dollars ($90.000.00). 2. CONDITION OF TITLE: The title is 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 IS intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Sellers may be paid out of purchase money at date of closing. 3. 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. Sellers authorize the City Attorney to apply as soon as practical for such title insurance, and as soon as reasonably possible, Purchaser shall be furnished a preliminary commitment therefor issued by Land Title Company. (The Sellers shall assume any cancellation fee of such commitment or policy.) The title policy to be issued shall contain no exceptions other than those provided in said standard form plus REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2.AGT - Agreement Forms - 6/3/96 . ..' ,\-' ,4 . \ . . JY~ ,.. h' ~ encumbrances or defects noted in paragraph ~ above. If title is 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. 4 . 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. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of closing. Purchaser shall pay for remaining oil in fuel tank, the amount to be determined by the supplier. 6. PqSSESSION: Sellers shall deliver possession to Purchaser on closing, or IA 30 days after closing. Sellers agree to pay Purchaser the sume ~ of $ 12.00 for each day of possession beyond date of closing. 6/ Possession shall be deemed given when Sellers have vacated the j~~ premises and delivered the keys to same to Purchaser or to closing agent. Said payment shall be the sole responsibility of Sellers. 7. 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 dkfect in the premises or improvements thereon with the exception of the following, to-wit: None. Purchaser expressly waives the right to require a Sellers Disclosure Statement as required under RCW 64.06.020-040. 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Sellers on ~~ or before Twelve o'clock midnight on October 1, 1996. . ,,...~ 9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES: 4} The sale shall be closed in the office of the Bremerton City Attorney within 45 days after preliminary commitment for title policy is delivered showing title insurable, as above provided, but REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2,AGT - Agreement Forms - 6/3/96 . ' . , ,.0 .< . Ii in any event not later than the 18th day of November , 19 96 , upon which date the agreement shall terminate. 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. 10. 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. Any assessments shall be paid by the respective Sellers. Real estate taxes for the year of closing, and utilities constituting liens against the property, . shall be prorated as of closing. The owner's standard title insurance policy, real estate excise tax related to the sale property and other closing costs shall be paid by Buyer. 11. 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. 12. 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 be payable to Purchaser. 13. PERSONAL PROPERTY: 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 bl inds , 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 exceeding all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. ' 14. 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. REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agreement Forms. 6/3/96 , ' .... - , 0 15. 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. CITY OF BREMERTON l D .r Lo- ~,'" BY: 'fft:f'f/ . tLL Date L HORTON, Mayor PURCHASER of Public Works & Utilities City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98337 Purchaser's Phone: (206) 478-5290 ******* On this date September 30, 1996 we hereby approve , and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. ~Y1~g~ :C1\WRENCE BAKER ~ fJoIuvv L ,. LI BAKER Sellers' Address: P. O. Box 4343 Bremerton, WA 98312 Seller's Phone: 360-377-5492 REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA2,AGT - Agreement Forms - 6/3/96 I '"', ,,' . , . ******* ~ true copy of the foreg)fng agreement signed by Sellers is hereby received on /J) I Y _~:. . IAN 'R'. SIEVERS Bremerton City Attorney\ Agent for Purchaser RECEIVED FOR FILING: ~ i~~( Q..- KATHL N 'l,. cCLUSKEY, CITY CLER1- . REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 6/3/96