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Home My WebLink About200909100041 � -., ..�, �0��`�� O�v�\ After recording return to: , Emanuel Apostolic Church Bishop Lawrence Robertson 1023 6th Ave Bremerton, WA 98337 ` Refe�e�ce: 20356153- -101- -KAB STATUTORY WARR/►IVTy DEED THE GRqNTOR(S) City of Bremerton, fo� and in consideration of Ten ($10.00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to Emanuel Apostolic Church the following described real estate, situated in the County of Kitsap, State of Washington: See Exhibit A attached hereto and made a part hereof. Subject to: Those items specifically set forth on Exhibit "A" attached hereto. Abbreviated Legal: (Required if full legal not inserted above.) LOTS 1 TMRU 7, RE-PLAT OF LOUIS L. LOOS' ADDITION TO BREMERTON Tax Parcel Number(s): 3768-000-001-0005, 3768-000-003-0003, 3768-000-004-0002, 3768- 000-005-0001,376 -000-006-0000 , Dated: e e e SELLER: �C � �r�cl� City of Bremerton State of Washington County of �,�� O SS: I certify that I know or have satisfactory evidence that the erson who a �S P ppeared before and said person acknowiedged tha e he) signed this instrument, on oath stated that e he) is authorized to execute the (nstrumen and acknowledged it as the of to be the free an�� ry a of such party for the uses and purpos mentioned in rument. Dated: 9 �► • � Given under my hand and offidal seal the day and year last above written. ��.MA. V s' �l �` �p�55i0iy � : o•* +q: • � . �4 TA,Q p�,: � . ,� ,L : Notary Public in and for the tate of �� :. . Residing at A Ug��G ' MyAppointment ires• ��'F�•:�l$_11 •'��' exp' . Z—! f�. � � . . . ... �'� WASH�N Statutory Warranty Deed LPB-10-05 (1/06) LAWYERS TITLE INSURANCE CORPORATION f� � � Exhibit A LOTS 1 THROUGH 7, INCLUSNE, OF THE RE-PLAT OF LOUIS L. LOOS' ADDITION TO BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 68, RECORDS OF KITSAP COUNTY AUDTTOR, SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH TI1E VACATED ALLEY BETWEEN LOTS 4 AND 40, PER CIlY OF BREMERTON ORDINANCE #533, DATED APRIL, 1916; SITUATE IN THE CITY OF gREMERTON, COUNTY OF IQTSAP, STATE OF WASHINGTON. Subject to: 1. LOC�1L IMPROVEMENT ASSESSMENTS, IF ANY, LEVIED BY BREMERTON; A REPORT OF WHICH WILL FOLLOW. 2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF IAUIS l. LOOS' ADDITION TO BREMERTON. ` 3. MATTERS SET FORTH BY SURVEY: RECORDED: OCTOBER 5, 2006 RECORDING NO.: 200610050001 DISCLOSES: DIMENSIONS, STREET5 AND ALLEI(; AND VACATED ALLEY 4. UNRECORDED LEASEHOI.DS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FDCTURES AT THE EXPIRATION OF THE TERM. � � i f LAOIV�(ER°� TITLE INSURANCE CORPORATION 9619 Levin Road, NW, Silverdale, WA 98383 ' (360) 692-4556 SELLERS CLOSING STATEMENT FINAL Seller: City of Bremerton Escrow No: 20356153-101 KAB Close Date: 09/10/2009 Proration Date: 09/10/2009 Date Prepazed: 09/10/2009 Property: 807 8th Street Bremerton, WA 98337 I � - •, � � r:.,. b �� ; m = � .a - a e, ,.�,. �. ��, :;� ,_ T:., <,.. �;, . -- -- ----- - - - --- ; - ~ .��G = �:;% rt � - �� J��: :�< �'{ ' �.L '' Y '. � i'. :��.. g.�' x z+3�:. � � f aC = ��`3r�� v'-� "^ �P >.^ '."�,wx # "`� ^'£� ".�',�y'E.pJ a .. :�`<= r�' L- - , §: � . " . �,<5:�,.z §f��'at..v:xr ''Y , ��Ht• CI'Cl�lt I ; TOTAL CONSIDERATION: � Total Consideration ` j 400,000.00 ; ; TITLE AND �SCROW CHARGES: , � j Owners Policy $400,000.00 to Lawyers Title Insurance Corporation 912.00 � � Escrow Sales Tax to Lawyers Title Insurance Corporation ($40.85 +$� 40.85 � � � Title Sales Tax to Lawyers Title Insurance Corporation ($78.43 +$0.0 78.43 � � � � Escrow Fee to Lawyers Title Insurance Corporation ($475.00 +$0.00 ' 475.00 I ' RECORDING FEES: � i Excise Tax Tech Fee to Kitsap County Treasurer 10.00 I J i Sub Totals 1,516.28 � 400,000.00 ; ' Proceeds Due Seller 398,483.72 � I � Totals $400,000 � $400,000.00 � , ---r----------- -- , � -- - --- --- --, i � � , � , i � i � ' i I i' � i i ! , � i � � , ; � I ; , � j � , � ' i � i � i i � j � 1 � , i i � ' � i � . , , ' � , i � i I I i i i .. � i i I , i ; i ,, � i ! i , i � � � i �' � �' I ! i I � i ' t I I � ._____" _—_ ____� --__ �_—_—___—i — _ __ ' . _'_ Printed: 09/10/2009 11.23.23AM ° . . SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE , AGREEMENT This Second Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Seller) and EMMANUEL APOSTOLIC CHURCH (Buyer) and amends the Real Estate Purchase and Sale Agreement dated February 25, 2009 as follows: Closing will occur on or before September 10, 2009. All other terms of the Real Estate.Purchase and Sale Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: BLJYER: CITY OF BREMERTON EMMANUEL APO � OLIC CHURCH . , �/�- ,� By: Cecil McConnel Bishop Lawr q� �b rt� Its: Mayor Pro Tem Dated: �`� d Dated: q - y -O� APPROVED AS TO FORM: By: Roger : Lubovich, City Attorney - R:\L.egal\Legal\Files\Current Active Files\8th & Park Real Estate sale�2nd Amendment to REPSA.doc 1 SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This Second Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Seller) and EMMANUEL APOSTOLIC CHURCH (Buyer) and amends the Real Estate Purchase and Sale Agreement dated February 25, 2009 as follows: Closing will occur on or before September 10, 2009. All other terms of the Real Estate Purchase and Sale Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: BUYER: CITY OF BREMERTON EMMANUEL APOSTOLIC CHURCH � � �- By: Cecil McConnel Bishop Lawrence Robertson Its: Mayor Pro Tem Dated: Dated: G - y -�� APPROVED AS TO FORM: By: - Roger . Lubovich, City Attorney R:�Legal\Legal�Files\Current Active Files\8th 8t'Park Real Estate sale�2nd Amendment to REPSA.doc 1 FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This First Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Seller) and EMMANUEL APOSTOLIC CHURCH (Buyer) and amends the Real Estate Purchase and Sale Agreement dated February 25, 2009 as follows: � , Closing will occur on or before August 10, 2009. All other terms of the Real Estate Purchase and Sale Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date _ set forth below. SELLER: BUYER: CITY OF BREMERTON EMMANUEL APOSTOLIC CHURCH � L Y By: Cecil McConnell Bishop Lawrence Robertson Its: Mayor P o Te Dated: Dated: a 7 0 APPROVED AS TO FORM: B Roge . Lubovich, Ci R:�Legal�Legal�Files\Cunent Active Files\8th & Park Real Estate sale\1 st Amendment to REPSA.doc 1 . • . ,� . , � � REAL ESTATE PURCHASE AND SALE AGREEMENT s� WITH EARNEST MONEY PROVISION (Municipal Court - 8� & Park) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ("Seller"), and EMANUEL APOSTOLIC CHURCH, a Washington non-profit corporation ("Buyer"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 807 8`�' Street, 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 B, incorporated herein by this reference. Buyer agrees to buy the Property and assume title to the same in its current condition, "as is". 2. EARNEST MONEY. Received from Buyer, N/A as earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The total purchase price for the Property is Four Hundred Thousand and No/100 Dollars ($400,000.00) including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (c) A Feasibility Study as follows: �' (1) Buyer shall have the opportunity to conduct a feasibility study to determine if, in Buyer's sole and absolute discretion, the Property is �� feasible for investment andlor development by Buyer. � (2) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. (5) For any on-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.). Buyer shall notify and coordinate with REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 5 � �i � S C U �► �� -P� c� w� �� rl d� /a.e_ � -e`7� .� �e � y �.` c��e��2�.: 7�� i��r,�,.� is n� �'��'. �/-� 7�.t. 13� ' ��i�.�.-,f' a^��v-z, ��e✓e�v�rH�� vr�us�r• � - - .� � � Seller any on-site activity and the extent of such activity on e� c Property. n � -� ,e�y � �l v ) Ct' a 7 S �f °=J Should any of these contingencies not be met within s�i�t��s from the date of mutual acceptance of this Agreement, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title Insurance Company, whose address and telephone number is 9619 Levin Road NW Silverdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy 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. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Taxes for the current year, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed within thirty (30) days of acceptance or waiver of the contingencies set forth in Section 4, 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 Transnation Title Insurance 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. FIRPTA-TAX WITHHOLDING AND CLOSING. The closing agent is REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 5 ' • " � " � � instructed to prepare a certificate that Seller is not a"Foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign this certificate. 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 Property, and (c) the Property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that it has not caused or allowed to be caused, any environmental condition (including, without limitation, any spills, discharges or contamination) during its ownership of the subject property; however, based on information or belief, Seller discloses that the subject property has been served by underground storage tanks for household heating oil and that all known tanks have been removed or otherwise re iate fr m the property and remedial clean-up of the subject property has been performed ' c �� oval of all houses and related structures and remediation of known contamination. —�-Tias �' closed to Buyer its remediation activities on the property and Buyer is aware of and has had an o portunity to review all the relevant reports of the current known environmental condition of the Property. This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. HOLD HARMLESS. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive � closing. 14. ATTORNEY'S FEES. (a) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. T t . � , � requi � , cs a awso e aeo . This agreement has significant legal and financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to consult REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 5 • �• d • � � � with an attorney regarding Buyers rights and obligations in this agreement. 16. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 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: Gary Sexton City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Buyer shall be addressed as follows: �is�,c�� La.�..i r-p..ce. l�{� ��r�su� �d�23 (o v� 13r,ew�� r�a.� � i.�l� q$33 �—1 $7 3 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 5 • • "' Y„ � � 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. 22. EXPIRATION OF OFFER. Buyer shall have only unti15:00 p.m. on February 18, 2009, 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: THE CITY OF BREMERTON /3 �S �yp Lct �,�/ r�.� c e �5 �� o^ � , B By . , � 1 U ��, or �� Its: S�P� c �z �a s�`a -� • e-�"`"� Dated: � Dated: �e ��-� �ti 2 s, � �`l By: Its: Dated: APPRO ED AS TO FORM: By: Roger A. L ovich, City Attorney P:\Civil\FILES\ Municipal Court 8th & Park Property sale - REPSA.2-6-09.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 5 , , . .. `,� � � ., EXHIBIT A Lots 1 through 7, inciusive, of the Re-Plat of Louis L. Loos' Addition to Bremerton, as recorded in Volume 2 of the book of plats, Page 62, records of Kitsap County, Washington, situate in the northeast quarter of the southeast quarter, Section 14, Township 24 North, Range 1 East, W.M., Kitsap County Washington. Together with the vacated alley between lots 4 and 40, per City of Bremerto�i Ordinance #533 dated April 1916. � . . .. � � •. , �� t� � � � �-�� `T j t �L � �, �a � �J-rr= �. ,-' , ' >:, � `� �' - ` � --� � �'-�. �' �-�=� % ,/ . T I `�� `c:' ` � � ;-; 0 � 7— 00 ��,� o � ..� y ,� c� ° . � � " 0�6-00 �, t� _ � — � ____— . � � �� 0 0�4--00 . N � �� . - , � 012-0(J 0 o ; v o� �—oo �� ' � � 030-- oo � � � � ., o�o—oo � o _ � 009= o0 , � 0 oo8-r�o o ., . ad --- oo c� o��—oo __ - -------_--- O _ I.roTS S'� 6 �'? - � � 3g73 Sc� Ft��. � y � �-�'T�5 t, , �, _ . � �� C� L7 f�� _� 54 �'iGii �� - � � � � � � �� N � � + t 4 S c? � t' � ! � � I , , � � . �``� CJ ( � CJ C> C 1 � � ° - � ��v �� ..��. � �v � , _.L . . _ , ; � `,� �. �L� ��" .Y��_ ._.-..-�__� 1__ " ^-..-�.�_.��_... t` I M1:�; -�'"'°�"`�..--- - - : --- — — �._�_,L. _. _ n r ' ' ' -- , K`� - : 7nd -1 �_ � ':9� _ '; .._.Y. �,� �� . . a�-� , , ' � r-:e _ ; �� t ✓' } i sx�r k� f �3 iA�'�:'r'�.'_''``�is:�-"- .= r� � , . ., _.. ., _� , ��.. .