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HomeMy WebLinkAbout201105160217 v r When recorded return to City of Bremerton Attn Roger Lubovich 345 6th Street Suite 600 Bremerton, WA 98337 LAND TITLE 201105160217 I Deed Peo Fee $ 63 00 05/16/2011 01 05 PM Page 1 of 2 Walter Washington, Kitsap Co Auditor llilll 111111 III ���� 11111!1111111 Jill 11111116111111111111 II! 1 STATUTORY WARRANTY DEED Escrow No E- 239620CA THE GRANTOR(S) Kitsap County, a Washington Politial Subdivision for and in consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION in hand paid, conveys, and warrants to City of Bremerton , a Municipal Corporation the following described real estate, situated in the County of Kitsap, State of Washington LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT 'A' ON PAGE 2 Abbreviated Legal (Required if full legal not inserted above) ptn Lot 7, Tract 4, Warren Smith's Acre Tracts, V/P 2/51 Tax Parcel Number(s) 3804 -004- 007 -0205 KI ST AP COUNTY TREASURER EXCISE 05/16/201 1 - - � I dated Ma 2011 EX02457 , 1 Total $10 00 Clerk's Initial Kitsap ounty, a W gton Political ision By harlotte Garrido, Chair STATE OF COUNTY OF LG. On this day of 1 certify that I know or have salisfactory evidence that Charlotte Garrido, is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Chair of Kitsap County, a Political Subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Given under my hand and official seal the day and year last above written auLl. Notary Public and for the ^ S�t to of uy�1 Residing at 0rZj1 '� WV'v- My Comm Expires �P DA/�' 0,0 N ekA; cP ,•��pTAR��: AUB�� 1 ' � O s r ' 5• �•G LPB 10 -05 f � J w EXHIBIT "A" THAT PORTION OF LOT 7, TRACT, 4, WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF ELIZABETH AVENUE AND 17TH STREET, ALSO BEING THE SOUTHEAST CORNER OF THE EAST 20 FEET OF SAID LOT 7, THENCE WEST ALONG THE SOUTH LINE THEREOF 129 95 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7 A DISTANCE OF 63 54 FEET, THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 0 9 FEET, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7, 32 54 FEET, THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 62 47 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 96 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 7, THENCE EAST ALONG SAID SOUTH LINE 61 5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING Subject to 1 Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded October 30, 1958, in the office of the recording officer of Kitsap County, Washington under Auditor's File No 692438, In favor of PUGET SOUND POWER AND LIGHT COMPANY AND/OR PUGET SOUND ENERGY For Underground and /or overhead transmission and electric lines and appurtenances thereto, Affects the legal description contained therein is insufficient to specifically locate said easement 2 Encroachment of unidentified improvements appurtenant to said land onto property adjoining on the West of said land, as disclosed by Survey dated June 6, 2005 made by Gunnar Fndrnckson recorded under Auditor's File No 200702160180 0 PROMISSORY NOTE c ou $35,00000 May 4, 2011 Bremerton, Washington FOR VALUE RECEIVED, City of Bremerton, a Municipal Corporation, hereinafter "Maker ", promises to pay to Kitsap County, a Washington Politial Subdivision, hereinafter "Holder ", or order at 614 Division Street, Bremerton, WA 98366 , or other such place as may be designated by the Holder from time to time, the principal sum of Thirty Five Thousand and 001100 Dollars ($35,000 00), with interest thereon from 5/16/2M , on the unpaid principal at the rate of No Dollars and 00 /100 percent ( %) per annum as follows 1 INSTALLMENT PAYMENTS Maker shall pay, (check one) a [ X j NO INSTALLMENTS No installment payments are required b [ ) PRINCIPAL AND INTEREST INSTALLMENTS of No Dollars and 00/100 dollars ($0 00) c [ j INTEREST ONLY PAYMENTS on the outstanding principal balance ( THE FOLLOWING MUST BE COMPLETED IF "B" OR "C" IS CHECKED) The installment payments shall begin on the , and shall continue on the day of each succeeding (check one) [ ] calendar month [ ] sixth calendar month [ ] other [ ] third calendar month [ j twelfth calendar month 2 DUE DATE The entire balance of this Note together with any and all interest accrued thereon shall, be due and payable in full on the resale of the p ley Grantor or ley 16, 201.4, Vrnicrever 3 DEFAULT INTEREST After maturity, or failure to make any payment, any unpaid principal shall accrue interest at the rate of �ZERO percent _0 00_% per annum (18% if not filled in) OR the maximum rate allowed by law, whichever is less, during such period of Maker's default under this Note 4 ALLOCATION OF PAYMENTS Each payment shall be credited first to any late charge due second to interest, and the remainder to principal 5 PREPAYMENT Maker may prepay all or part of the balance owed under this Note at any time without penalty 6 CURRENCY All principal and interest payments shall be made in lawful money of the United States 7 LATE CHARGE if Holder receives any installment payment more than days (15 days if not filled in) after its due date, then a late charge of $ , or % of the installment payment (5% of the installment payment if neither is filled in) shall be added to the scheduled payment 8 DUE ON SALE (OPTIONAL- Not applicable unless initialed by Holder and Maker to this Note) If this Note is secured by a Deed of Trust or any other instrument securing repayment of this Note, the Property described in such security instruments may not be sold or transferred without the Holder's consent Upon breach of this provision, Holder may declare all sums due under this Note immediately due and payable, unless prohibited by applicable law aker (Initials) Holder (Initials) 9 ACCELERATION If Maker fails to make any payment owed under this Note, or if Maker defaults under any Deed of Trust or any other instruments securing repayment of this Note, and such default is not cured within days (30 days if not filled in) after written notice of such default, then Holder may, at its option, declare all outstanding sums owed on this Note to be immediately due and payable, in addition to any other rights or remedies that Holder may have under Deed of Trust or other instruments securing repayment of this Note 10 ATTORNEY'S FEES AND COSTS Maker shall a all costs incurred b Holder in collecting PY Y 9 sums due under this Note after a default, including reasonable attorneys' fees, whether or not suit is brought If Maker or Holder sues to enforce this Note or obtain a declaration of its rights hereunder, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding (including those incurred in any bankruptcy proceeding or appeal) from the non - prevailing party 11 WAIVER OF PRESENTMENTS Maker waives presentment for payment, notice of dishonor, protest and notice of protest LPB 2BA -05 PROMISSORY NOTE (Continued) 12 NON - WAIVER No failure or delay by Holder in exercising Holder's rights under this Note shall be a waiver of such rights 13 SEVERABILITY If any clause or any other portion of this Note shall be determined to be void or unenforceable for any reason, such determination shall not affect the validity or enforceability of any other clause or portion of this Note, all of which shall remain in full force and effect 14 INTEGRATION There are no verbal or other agreements which modify or affect the terms of this Note This Note may not be modified or amended except by written agreement signed by Maker and Holder 15 CONFLICTING TERMS In the event of any conflict between the terms of this Note and the terms of any Deed of Trust or other instruments securing payment of this Note, the terms of this Note shall prevail 16 EXECUTION Each Maker executes this Note as a principal and not as a surety If there is more than one Maker, each such Maker shall be jointly and severally liable under this Note 17 COMMERCIAL PROPERTY (OPTIONAL- NOT APPLICABLE UNLESS INITIALED BY HOLDER AND MAKER TO THIS NOTE) Maker represents and warrants to Holder that the sums represented by this Note are being used for business, investment or commercial purposes, and not for personal, family or household purposes Maker (Initials) Holder (Initials) ORAL AGREEMENTS ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW 18 DEFINITIONS The word Maker shall be construed interchangeably with the words Borrower or Payer and the word Holder shall be construed interchangeably with the words Lender or Payee In this Note, singular and plural words shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply 19 ADDITIONAL TERMS AND CONDITIONS (check one) a ( j NONE OR b [ ] As set forth on the attached "Exhibit A" which is incorporated by this reference (Note If neither a or b is checked, then option "a" applies) 20 THIS NOTE IS SECURED BY [X] Deed of Trust [ ] Mortgage [ j OF EVEN DATE Maker (signatures) City of Bremerton, a Municipal Corpora on �2� ��w Y__ By Patty nt, Mayor Read nd a roved By k4ger A Lubovich, City Attorney Maker's address for all notices given by Holder under this Note 614 Division Street, Bremerton, WA 98366 DO NOT DESTROY THIS NOTE WHEN PAID thiV original Note together with the Deed of Trust securing the same, must be surrendered to the Trustee for cancellation and retention before any reconveyance can be processed. LPB 28A -05 EXHIBIT "A" THAT PORTION OF LOT 7, TRACT, 4, WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBEDAS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF ELIZABETH AVENUE AND 17TH STREET, ALSO BEING THE SOUTHEAST CORNER OF THE EAST 20 FEET OF SAID LOT 7, THENCE WEST ALONG THE SOUTH LINE THEREOF 129 95 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7 A DISTANCE OF 63 54 FEET, THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 0 9 FEET, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7, 32 54 FEET, THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 62 47 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 96 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 7, THENCE EAST ALONG SAID SOUTH LINE 61 5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING t When recorded return to Kitsap County Attn Shelley Kneip LAND TITLE 201105160218 614 Division Street Deed Of Trust Rec Fee $ 69 00 05/16/2011 01 05 PM Page 1 of 7 Bremerton, WA 98366 Walter Washington, Kitsap Co Auditor 1 1111111111111I I 1 11111111111111111 IIII 1111111111111111111111111111111111 HI 1111 DEED OF TRUST (For use in the state of Washington only) Escrow No E- 239620CA THIS DEED OF TRUST, made this May 4, 2011, between City of Bremerton , a Municipal Corporation as GRANTOR(S), whose street address is 345 6th Street Suite 600, Bremerton, WA 98337, Land Title Company of Kitsap County, as TRUSTEE, whose street address is 9657 Levin Road NW, Silverdale, Wa 98383, and Kitsap County, a Washington Political Subdivision as BENEFICIARY, whose street address is 614 Division Street, Bremerton, WA 98366 WITNESSETH Grantor(s) hereby bargain(s), sell(s), and convey(s) to Trustee In trust, with power of sale, the following described real property in Kitsap , Washington LEGAL DESCRIPTION ATTACHED HERETO AS EXHI BIT "A" Abbreviated Legal (Required if full legal not inserted above) ptn Lot 7, Tract 4, Warren Smith's Acre Tracts, V/P 2151 Assessor's Property Tax Parcel /Account Number 3804 -004- 007 -0205 which real property is not used principally for agricultural purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter belonging or in any way appertaining, and the rents, issues, and profits, of the property This Deed of Trust is for the purpose of securing performance of each agreement of Grantor(s) contained in this Deed of Trust, and payment of the sum of $35,000 00 Dollars with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by the Grantor(s), and all renewals, modifications, and extensions of the note, and also such further sums as may be advanced or loaned by Beneficiary to Grantor(s), or any of the Grantor(s)' successors or assigns, together with interest thereon at the rate agreed upon DUE DATE The entire balance of the promissory note secured by this Deed of Trust, together with any and all interest accrued thereon, shall be due and payable in full on the resale of the Mp2KnE by Grantor ar May 16, 2014, yk dmver is somw. To protect the security of this Deed of Trust, Grantor(s) covenant(s) and agree(s) 1 To keep the property in good condition and repair, to permit no waste of the property, to complete any building, structure, or improvement being built or about to be built on the property, to restore promptly any building, structure, or improvement being built or about to be built on the property which may be damaged or destroyed, and to comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property 2 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 3 To keep all buildings now or hereafter erected on the property 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 Beneficiary, and be In such companies as the Beneficiary may approve and have loss payable first to 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 a foreclosure, all rights of the Grantor(s) in insurance policies then In force shall pass to the purchaser at the foreclosure sale LPB 22A -05 s DEED OF TRUST (Continued) 4 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 5 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 by this Deed of Trust and Trustee's and attorney's fees actually incurred, as provided by statute 6 Should Grantor(s) fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, or other charges against the property Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured by this Deed of Trust, shall be added to and become a part of the debt secured in this Deed of Trust 7 DUE ON SALE (OPTIONAL - not applicable unless initialed by Grantor and Beneficiary) The property described in this security instrument may not be sold or transferred without the Beneficiary's consent Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust immediately due and payable, unless prohibited by applicable law Grantor (Initials) Beneficiary (n teals) IT IS MUTUALLY AGREED THAT 1 In the event that any portion of the property is taken or damage in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy 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 by this Deed of Trust shall be paid to Beneficiary to be applied to said obligation 2 By accepting payment of any sum secured by this Deed of Trust 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(s) 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(s) in the payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust, all sums secured by this Deed of Trust shall immediately become due and payable at the option of the Beneficiary, subject to any cure period provided in the note secured by this Deed of Trust 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, and (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 all right, title and interest in the real and personal property which Grantor(s) had or had the power to convey at the time of the execution of this Deed of Trust, and such as Grantor(s) 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 encumbrancers 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 7 In the event of the absence, death, incapacity, disability, or resignation of Trustee, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the LPB 22A -05 DEED OF TRUST (Continued) 4 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 5 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 by this Deed of Trust and Trustee's and attorney's fees actually incurred, as provided by statute 6 Should Grantor(s) fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, or other charges against the property Beneficiary may pay the same, and the amount so paid with interest at the rate set forth in the note secured by this Deed of Trust, shall be added to and become a part of the debt secured in this Deed of Trust 7 DUE ON SALE (OPTIONAL - not applicable unless initialed by Grantor and Beneficiary) The property described in this security instrument may not be sold or transferred without the Beneficiary's consent Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust immediately due and payable, unless prohibited by applicable law Grantor (Initials) Beneficiary (initials) IT IS MUTUALLY AGREED THAT 1 In the event that any portion of the property is taken or damage in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy 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 by this Deed of Trust shall be paid to Beneficiary to be applied to said obligation 2 By accepting payment of any sum secured by this Deed of Trust 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(s) 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(s) in the payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust, all sums secured by this Deed of Trust shall immediately become due and payable at the option of the Beneficiary, subject to any cure period provided in the note secured by this Deed of Trust 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, and (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 all right, title and interest in the real and personal property which Grantor(s) had or had the power to convey at the time of the execution of this Deed of Trust, and such as Grantor(s) 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 encumbrancers 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 7 In the event of the absence, death, incapacity, disability, or resignation of Trustee, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the LP6 22A -05 ti DEED OF TRUST (Continued) 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 of an action or proceeding in which Grantor(s), 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 his /her /their heirs, devisees, legatees, administrators, executors, and assigns The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein 9 ADDITIONAL TERMS AND CONDITIONS (check one) a O NONE OR b (X) As set forth on the attached "Exhibit B" which is incorporated by this reference (Note If neither a nor b is checked, then option "a" applies) Dated wu,\ , afz:�J\\ City of Bremerton, a Municipal Corporation a6�i r �,— By Patty t, Mayor Read acce tea and a roved B Roger A Lubovich, City Attorne STATE F COUNTY OF On this V\ day of wzs\� I certify that I know or have sate factory evidence that Patty Lent, is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Brem on, a Municipal Corporation to be the free and voluntary act of such party for the uses and= mentioned in the instrument Nom• 1, r ;j; OTA�Q ; Given under my hand and offiphilseal the da nd year last above written -J . * �' • Z AvB��c „�.� Notary Publi in and for t ` he State of WQAVN\AN Residing at My Comm Tres �N M. � � o o L :8 TA .� '.• 'OUBL1�': c3� �9 '9- 15 OF Wd`gW��G LPB 22A -05 i DEED OF TRUST (Continued) REQUEST FOR FULL RECONVEYANCE - Do not record To be used only when note has been paid 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 LPB 22A -05 EXHIBIT "A" THAT PORTION OF LOT 7, TRACT, 4, WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF ELIZABETH AVENUE AND 17TH STREET, ALSO BEING THE SOUTHEAST CORNER OF THE EAST 20 FEET OF SAID LOT 7, THENCE WEST ALONG THE SOUTH LINE THEREOF 129 95 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7 A DISTANCE OF 63 54 FEET, THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 0 9 FEET, THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7, 32 54 FEET, THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 62 47 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 96 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 7, THENCE EAST ALONG SAID SOUTH LINE 61 5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING . 1 EXHIBIT "B" The parties understand and agree that the building located on the property, at the time of sale, is to be demolished leaving no budding structures on the site Therefore, any provision in this Deed of trust regarding maintenance, restoration, or insuring such building shall not be applicable REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Buyer "), and KITSAP COUNTY, ( "Seller "), 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 to sell, is commonly known to be located at 91417' 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. 2. EARNEST MONEY. None. 3. PURCHASE PRICE. The total purchase price for the Property is S EVENT Y4M THOUSAND AND N01100 DOLLARS ($75,000.00), payable as follows: (a) $40,000.00 payable on closing, and (b) $35,000 00 due on sale of the resale of the Property by Buyer or three (3) years from the date of closing of this purchase of the Property by Buyer from Seller hereof, whichever date is sooner. 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. Should any of these contingencies not be met within thirty (30) days 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, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 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 Land Title Company, whose address and telephone number is 9657 Levin Road NW, Silverdale, WA 98383, 360 - 692 -2233, 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. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT EMS Property Page 1 of 4 ki ORIGIML 'v 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. 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 May 16, 2011 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 Land 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. Land Title Company shall prepare the promissory note form number LPB28 and deed of trust form number LPB22A with the following terms, conditions and modifications: 1) The interest rate on the promissory note is 0% with a default rate of 0 %. 2) There will be no Lender's Policy of Title Insurance. 3) Language will be added to the deed of trust modifying the language of the document as follows. "The parties understand and agree that the building located on the property at the time of sale is to be demolished leaving no building structures on the site Therefore, any provision in this Deed of Trust regarding maintenance, restoration, or insuring such building shall not be applicable." 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. (c) The Property is not encumbered by any leases. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT EMS Property Page 2 of 4 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. 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. 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 of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 14. NOTICE TO SELLER. Tlus form contains provisions for an agreement for the purchase and sale of real estate. Buyer 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 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. By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Sellers rights and obligations in this agreement. 15. BROKERS FEES /COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement. 16. 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 17. 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 Buyer shall be addressed as follows. Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 -1873 REAL ESTATE PURCHASE AND SALE AGREEMENT EMS Property Page 3 of 4 (b) All notices to be given to Seller shall be addressed as follows: Phyllis Mann Kitsap County Department of Emergency Management 911 Carver Street Bremerton, WA 98312 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 tlus paragraph 18. 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. 19. 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. 20. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON KITSAP COUNTY BY= A By: �� Patty Lenofiayor Its: Dated. 4—Z q Dated: APPROVED AS TO FORM: R ger A. Lubovich, Ci R \Legal \Legal\Fdes \Current Active Fdes \EMS Property Purchase \REPSA -EMS Property I doc REAL ESTATE PURCHASE AND SALE AGREEMENT EMS Property Page 4 of 4 1 i EXHIBIT "A" DESCRIPTION: THAT PORTION OF LOT 7, TRACT, 4, WARREN SMITH'$ ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF ELIZABETH AVENUE AND 17TH STREET, ALSO BEING THE SOUTHEAST CORNER OF THE EAST 20 FEET OF SAID LOT 7; THENCE WEST ALONG THE SOUTH LINE THEREOF 129.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7 A DISTANCE OF 63.54 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 0.9 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7, 32.54 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 82.47 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 98 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 7; THENCE EASTALONG SAID SOUTH LINE 815 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. t fPm ON '�, _,,,r 4 `J ,A,�`` •�_ 1.!�-.N _ d:Ty.1t`.0 4TMri :�'.: t �'Y• S IL t ♦ .t �� " _ ��J I�1 i , 777 /� t Y r •_ `� t Y t , '# s ��� `'` �� �� J ' ; _ :.1 ' '�'� i +�.�r ��1 �,��,r j �•, t fk 7 r �''`}� N • r 1� f' �� If! y � � � � ' !'. r ,,.1 : ,..r Tic• r (,s i1��[ ♦ a� , ia'� �� � \ � 1��' r � , _ _ _ _ "'r, }� y��j '_ � ' t �. �t rl`j� t"�% ��"`i �. � ' 7 t \ ly w�: ,ll f' -.L � T'ir .. rif' ' 1 . -`. 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