HomeMy WebLinkAbout9001050167F±led for Record at Reque.qt of'- ..i
When Recorded Return to:
Name ~.~ ~% ~.a~_
STATUTORY W~NTY DEED
(For Use in the State of Washington Only)
THE G~NTOR, MICHEL CONNOLLY AS TRUSTEE FOR THE JOHN BREMER
AND EDW~D BREMER CONSOLIDATED TRUST, for and in consideration of
Seventy-five Thousand Dollars ($75,000.00), conveys and warrants
to CITY OF BREMERTON, a municipal corporation, the following
described real estate, situated in the County of Kitsap, State of
Washington:
The East 5 feet of Lot 21 and all of Lots 22,
23, 24 and 25, Block 16, town of Bremerton, as
per plat thereof recorded in Volume 2 of Plats,
Page 30, records of Kitsap County, Washington.
SU~ECT TO: The theatre assembly area of the
st~cture located on the above-described
property shall be limited to those uses
permitted to be funded by the State hotel/motel
tax set forth in Chapter 67.28 RCW or as
hereafter amended.
This restriction shall be considered a covenant
running with the land and not a condition, and
the same shall be binding upon the grantor and
grantee, their heirs, administrators,
successors and assigns for a period of five
(5) years from and after the date of this Deed.
001050167
KITSAP COUNTY
TRAN~CTI~ EXCI~ T~
PAID J~N 5 1990
C~N~ T~ES~
THE JOHN BREMER AND
~sAR~EMER CONSOLIDATED
: ss.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn,
personally appeared Michael Connolly, on behalf of the
JOHN BREMER AND EDWARD BREMER CONSOLIDATED TRUST, to me known to
be the Trustee, respectively, of sa id Trust, the Trust that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said Trust,
for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed this
j1 day of ~dv~w , 19 ~
× /
~ .~ .;~ ~.. Notary Public in and for the State of
'" ~ ~. ~" Washington, residing at ~~
~.~ ~,, , ~ My appointment e~ires: ~3. ~3
050167
EEt524F i89G
S~ATUTORY ~,~M:~I~kNT¥ DEED -2-
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is by and between BREMER TRUST (hereinafter
referred to as "Bremer Trust") and the CITY OF BREMERTON, a
Washington municipal corporation, (hereinafter referred to as
"Bremerton").
1. DESCRIPTION OF PARCELS~ Bremer Trust agrees to sell and
Bremerton agrees to purchase, upon the terms and conditions
contained herein, that parcel of real property located in Kitsap
County, State of Washington, legally described as:
The East 5 feet of Lot 21 and all of Lots 22, 23, 24
and 25, Block 16, town of Bremerton, as per the plat
thereof recorded in Volume 2 of Plats, Page 30, records
of Kitsap County, Washington.
(hereinafter "Bremer Trust Tract").
2. PURCHASE PRICE:
a. Bremerton and Bremer Trust agree that the purchase
price of the Bremerton Trust Tract is $75,000.00, payable in cash
at closing.
3. CONVEYANCE: The Bremer Trust shall convey the Bremer
Trust Tract to Bremerton for and in consideration of $75,000.00.
4. NO TITLE ENCUMBRANCES: The status of the Bremer Trust
Tract title is shown in the preliminary commitment for an owner's
standard coverage ALTA form title insurance policy issued by Land
Title Insurance Company, attached hereto as Exhibit "A", which
commitment has been obtained by Bremer Trust at its expense.
5. RIGHT TO ENTER PREMISES: Bremerton, or its authorized
agent, shall have the right, at reasonable times, to enter upon the
Bremer Trust Tract to make any and all inspections, tests or
surveys, and to conduct and carry out said inspections, tests or
surveys at its sole expense and liability.
6. CONVEYANCE BY STATUTORY WARRANTY DEED, WITH DEED
RESTRICTION: At closing, fee title to the Bremer Trust Tract shall
be conveyed to Bremerton by Statutory Warranty Deed, subject only
to those defects and encumbrances shown in Exhibit A and approved
upon execution of this agreement. In addition, the Deed shall
contain a restrictive covenant running with the land, limiting use
of the theatre assembly area within the facility located on the
Bremer Trust Tract as a public facility permitted to be funded with
the State hotel/motel tax (Chapter 67.28 RCW) e.g., performing or
visual arts center. This covenant shall expire five (5) years
after the date of purchase under this Agreement.
7. TITLE INSURANCE: At closing, Bremer Trust agrees to
provide to Bremerton, at its expense, an owner's standard ALTA form
policy of title insurance said policy containing, in addition to
the normal printed exceptions, only those defects and encumbrances
approved by Bremerton pursuant to Paragraph 4 above.
8. POSSESSION: Subject to the limited right of entry
pursuant to Paragraph 5 above, Bremerton shall be entitled to
possession of the Bremer Trust Tract upon the closing of this
transaction, except that the use of the portion of the premises
occupied by the Bremers Trust as of December 20, 1989 as offices
may continue up to ninety (90) days following closing without
charge for rent or utilities.
9. ESCROW CLOSING AGENT: This transaction shall be closed
by the City Attorney's office.
10. CLOSING COSTS AND PRORATIONS: Bremer Trust agrees to pay
for the costs of clearing the Bremer Trust Tract title, including
any delinquent property taxes, the owner's standard title insurance
policy, and any real estate excise tax related to the Bremer Trust
tract. Real estate taxes for the year of closing, and utilities
constituting liens against the property, shall be prorated as of
closing.
11. CLOSING DATE - TERMINATION DATE: This transaction shall
be closed on or before 5:00 p.m. on the termination date of this
Agreement, which date shall be 30 days after the date on which
Bremerton signed this Agreement below.
12. ATTORNEY'S FEES: In the event that Bremer Trust or
Bremerton shall institute a lawsuit to enforce any rights pursuant
to this Agreement, the successful party shall be entitled to, in
2
addition to those costs and disbursements provided by statute, a
reasonable sum as attorney's fees, costs, and expenses of
litigation reasonably incurred in such litigation, including any
appeal thereof.
13. NOTICES: All notices sent to Bremer Trust or Bremerton
pursuant to this Agreement shall be sent by certified mail, return
receipt requested to the following addresses unless either party
notifies the other in writing of a change of address:
Bremer Trust Bremerton City Clerk
Michael Connolly, Trustee Bremerton City Hall
P.O. Box 826 239 Fourth Street
Bremerton, WA 98310 Bremerton, WA 98310
14. TIME OF ESSENCE: Time is of the essence of this
Agreement.
15. GOVERNIN~ L~W i%ND VENUE: This Agreement shall be
governed by and interpreted in accordance with Washington law.
Any litigation arising out of or in connection with this Agreement
shall be conducted in Kitsap County, Washington.
16. RISK OF LOSS:
a. Real Property. The Bremer Trust shall deliver the Bremer
Trust Tract to Bremerton at closing in the same condition existing
as of the date hereof. Risk of loss or damage to the Bremer Trust
Tract shall be borne by the Bremer Trust until the date of closing.
Thereafter, Bremerton shall bear the risk of loss.
b. Personal Property. Bremer Trust notifies Bremerton and
Bremerton hereby acknowledges that (i) this sale does not include
any personal property, whether located at the Bremer Trust Tract
or elsewhere; (ii) all theatre equipment, furniture, fixtures,
seats, and other furnishings which were installed at the Bremer
Trust Tract by the former tenant of the Bremer Trust Tract are, by
the applicable provisions of the lease, removable by such former
tenant. Upon closing of this Real Estate PUrchase Agreement Bremer
Trust hereby assigns its rights and responsibilities as to this
personal property, if any, to Bremerton.
c. Inspection - Bremerton Takes "As Is". Bremerton has
3
inspected the Bremer Trust Tract and at closing shall accept the
same and all improvements thereon and thereto "as is", and with all
defects.
d. Inspection and Environmental Concerns. Bremer Trust has
notified Bremerton and Bremerton acknowledges that there is
asbestos present at the Bremer Trust Track. Bremerton has
completed an inspection of the Bremer Trust Tract to Bremerton's
satisfaction. Bremer Trust knows of no release of any hazardous
or toxic substances at the Bremer Trust Tract, and makes no other
representation, covenant or warranty with respect to the condition
of the Bremer Trust Tract or of any improvement thereto, or as to
the conformity thereof for any desired use, or as to compliance
with any building code, zoning or other shoreline, environmental
or other health, safety or other regulatory concern relative to
past use, present use, or future or intended use by Bremerton or
others of the property. Bremerton covenants with Bremer Trust not
to sue Bremer Trust or to make any claim for compensation in any
form against Bremer Trust or any of its officers, trustees,
directors, employees, agents or any related parties as to any
matter, known or unknown, relating to either the condition or past
use of the Bremer Trust Tract. The particularity of these
covenants by Bremerton shall not in any way be deemed to limit the
generality of Bremerton's acceptance of the Bremer Trust Tract 'AS
IS", based upon Bremerton's own independent examination,
inspection, testing and acceptance thereof.
17. ASSIGNMENT: Neither Bremer Trust or Bremerton's rights
under this Agreement may be assigned without prior written consent
of the other party. In the event of an assignment duly approved,
this Real Estate Purchase Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective
successors, assigns, heirs, and legal representatives.
18. HEADINGS: The headings of the paragraphs of this
Agreement are inserted solely for the convenience of the parties
and are not a part of nor intended to govern, limit, or aide in the
construction of any term or provision hereof.
19. ENTIRE AGREEMENTs There are no verbal or other
agreements which modify or affect this Agreement, Bremer Trust and
Bremerton agree that this Agreement constitutes the full and
complete understanding between the parties hereto.
20. SURVIVAL: Bremer Trust and Bremerton agree that all
representations, warranties, and agreements made herein shall not
merge in, but shall survive, the closing of this transaction and
the delivery of any deeds hereunder.
21. LIMITATION OF BREMERTON,S TIME FOR ACCEPTANCE;
Bremerton shall have only until 5:00 p.m. on the 30th day following
the date of Bremer Trust signature below to accept this Agreement
by delivering a signed copy thereof to Bremer Trust. If Bremerton
does not so deliver a signed copy within said period this Agreement
shall lapse and all rights of the parties hereunder shall
terminate.
DATED:
CITY OF BREMERTON
GEN~ LOBE, Mayor
ATTEST:
~THLEEN L. McCLUSKEY, C~erk
LAND TIT~E COMPANY OF KITSAP COUNTY 400 Warren Avenue
P, O. Box 313
Bremer~on, ~ash[ng~on 98310
Telephone: (206) 377-0133
(206) $77-1~28
To: BREMER REAL ESTAIV/:
PoOo BOX 806
BR~I~RTON, WA 98310
ACtencion~ RICH McDONALD
Your: BREMER]CITY OF BREMo
Our: g--67604-5
LAND TITLE CONPANY OF KITSAP COUNTY
Copies
ISSUED FRO~4 .~IE OFFICE OFt Miff) TITLE CONPAn~ OF KITSAP COUNTY
COI~ITNENT FOR ~I~E I~U~NC~
SC~E A
1. Effective Da*el AUCUST 3, 1989 at 8500 a.m. Office File No.* E-6760~-5
2. Policy or Policies to be issued: Your Reference, BRKMER/CITY OF BREN.
ALTA Owner's Policy Amount, $75,000.00
(X) Standard ( ) Extended Premiuml $423.00
Proposed Insured, Tax* $32.99
CITY OF BRENERTON
ALTA Loan Policy Amounts
( ) Standard ( ) Extended Pr~nium*
Proposed Insured, Tax,
O~her Cove ra~e, Amount:
( ) Stauderd ( ) Extended Premium,
Proposed Insured: Tax*
MINIMUM CANCELLATION FEE INCLUDING TAXES: $107.80
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 which is covered by this Comultment is*
A Fee
Title to the estate or interest in the land is vested in*
MICHAEL CONNOLLY, Trustee of the EDWAaD BREI~R TRUST, as to an undivided 51/100
interest and U.S. BAI~ OF WASHINGTON AND MICHAEL CONNOLLY, Co-Trustees of the JOHN
BREMER TRUST, as to an undivided 49/100 interest
The land referred to in this Co~Aitment is described as follows*
THE LEGAL DESCRIPTION IS ATTACHED ON EXHIBIT CA' AND BECOMES I PART HEREOF,
COMHITMENT FOR TITLE INSURANCE
Ofiice File No. E-67604-5
Page 2
SCI~DULE B
Schedule B of the Policy or policies to be issued will contein exceptions to the
following matters unless the emac are disposed of ~o the satisfaction of
Company~
GENERAL EXCEPTIONS~
As Rights or claims of par~ies in possession no~ sho~n by ~he public
re~o~ds~
B. ~ncroach~nts, overlaps, boundary line dispu~es, or other ma~ters
which wuld be disclosed by an accurate sudsy and inspection of
~he premises.
Ease~n~s~ or claim o~ ease~ents~ not sho~ by ~he public records.
My litn~ or ri~h~ ~o i lten~ for contributions ~o employee
b~eefit funds, or ~or state wooers~ c~easa~ion~ or for entices,
labor~ or ~erial heretofore or hereafter furnished, ill as imposed
by 1~ a~d not sh~ by ~he public records.
E. Taxes or 8~cial assessments, which are not 8ho~ as existing
liens by the public records.
F. Any se~ice, in~t~ll~ion, connec~ion~ ~ain~eaance, or
cons~ction char~s for se~r, wa~er, electrlctty or
collection and disposal.
G. Rese~ations ~d exceptions in United ~es ~aten~s or
au~hori~iel ~he issuance ~he~of.
H. ~ater rights, clai~, or ~i~le to water.
I. ~fects, liens, enc~brancss, adv2rse claiss or o~h~r
anys e~a~ed~ firs~ appesrin~ in ~he public records~ or
subs~q~at ~o ~he ~ffse~iv~ da~e he,of bu~ prior ~o the da~e the
p~posed Insu~d acquires of record for value ~he es~a~e or in~erest
or mor~ase ~hereon cove~d by ~his
FOR TITLE INSURANCE
Office File No.: E-67606-S
Page 3
SCHEDULE
SPECIAL ~XCEPTION$:
1. Terms end conditions of the Edward Brewer Trust as disclosed by Personal
Represenc~i~ ~ed ~co~ed under Auditor's File No. 871231009&.
reco~d u~er Auditor's Fill No. 861~9~97 ~nd re-~co~d u~er Auditor's
File ~o. 861~300168.
3. A Leasehold eetste~ upon sad sub}act ~o ail of the provisions the~ia contained
a8 c~ated by :hit un,corded
Di~ciofed by: N~or~d~ of Lease
Lessor: Niehael ~n~lly~ T,s~ee of ~he Edva~ B~mer
T~o~, is ~o aa undivided ~1/100 ifl~ereo~
U.S. Beak of ~alhini~on and ~ich~el Con~ll~*
Lessee: O~ash ~ea~ress Inc.
~C~T~sCee8 of ~he of ~he John Brier T~o~ as ~o afl undivided ~9/100
RiKhc of ~irs~ refusal ~ranted Co Orev~sh ~ea~ress Inc.~ iff unrecorded lease
dated Au~ 1~ 1978s be~eefl B~er*s~ lnc.t and Orevash ~ea~$~ Inc.
4. Ceaeral ~axes for ~he second hal~ of 1989~ ~ich become deliflq~fl~
October ~ 1989 ii unpaid;
~n~: $3~216,~9
TaX Account No. z 3718~16~21~008
Affects ~ said
Le~ Codel 0010
NO~ General Taxes for ~he full year bill in an amoun~
SA/Id ROUTING - R
E~ OF SPEC ~ READ
~ APPROVE
~ FORWARD
~ KEEP OR DISCARD ~
I
.V,EW W.T.
O~fice File
Page ~
The fol~o~ing are the requiremeata to he cmaplled with:
1. Instr,,-enl:e neceaaary ~o crea~e ~he el~ate or interest or mortgage to
be insu~d ~ be pro. fly executed, del~ve~d, and duly ~iled ~or
2. A ~egal delcr~p~ioa vas no~ ~nc~uded ~a ~he ~pp~ice~ioa for ~i~e ~nsurance. The
[n~en~ion of the par~ies to the ~ransaction, ~e description ~ust be ex~ined
and app~ved by the parties prior ~o closi~.
E~ OF SC~D~E C
EXHIBIT 'A'
DESCRIPTION= Order No.: E-67604-5
The East 5 iht of Lot 21 and all of Lots 22, 23, 2& and 25, Block 16, Town of
Bremer{on, an per plat recorded ia Voltna~ 2 of Pla~s~ PAge 30~ records of Kitmap
gount¥~ Washington°
t t ~ ~,~.i~i -- I~'i~ I?17, ~=-:-_ 'dr ~ ,
.. ,. ?,-.~..~..
,_ _. - _ "' ":" ' ' -,,--' , ,., .-, - ._. - ,._.. . , - ._._. .... , -
...... ~-~. ,. , , ~d/~. ,.
.... I' '~' ' '~'/ .... 1 ""~' ' '" + ~" "
~ ~r~ r~e m~p i~ for yo~ aid ~n Ioca~ your land wltrl
. . . . . . , , . .. .... -,,1,..17I,.:~,. ~,,.,.
' I ~ '- ') ' ~ 1)
' . . ,..>...t · I., .,I.., .. ,, , ,,,. I ~ * -..- - · '-
' ' ' ' ' -~' '~'l'" "" t ,,!,. ,,~,.,. ,. ,, ,, ~ .~ , , · .I..,- .
' - " , -' , · ": .... ,, ., ,, , .- : ~, ,. l..i,-! ,
~?~.' .,.,,
2NDORSEIdENT
Attached TO C~{~ment No, l E-67604-5 Your Reference No.z BREUER/CITY OF 5R
lssued by
LAND TITLE COMPANY OF ~ITSAP COUNTY
This endorsement {s made a part of said C~-~mmitment including any pr{or
parc{cu[arsl
NO
(b) The ~{~te tp t~e estate or interest {n the Land {s a~ ~ne ex~ended
e~fect{we date hereof vested
The Joan Brewer and Edward Bremer C~nsot{dated T~e:s as estabt{sned
under Probate Case ~o, 86~-00316-8
(C) The rand re~erred c~ {fl
NO CHANGE
B are hereby dote:ed:
N/A
B are Rereby de[e:ed~
PLEASE DELE~ PARAGRAP~ 2 FROM OUR REPORT
(c) The spec{al exceptions at the fottow{ng numbered paragraphs are hereby
PLEASE AUEND PARAGRAP~ ~ TO READ AS FOLLONS~
Trusts as established under Probate Case No. 86-4-00316-8,
:o SChedULe Cl
ho: Bremer Real Estate
P.O. Box 806 ~
Bremerton, Wa 98310
Attn: Rich McDonald ENDORSEMENT
Dated: ~tal ~2
Attached To Commitment No.: E-67604-5 Your Reference No.: Bremer/City of Brem.
Issued by
SECURITY UNION TITLE INSURANCE COMPANY
This endorsement is made a part of said Commitment including any prior endorsements, and is subject to the
schedules, terms, provisions and the conditions and stipulations therein, except as modified by the provisions
hereof:
1. Schedule A of the above Commitment is hereby amended in the following particulars:
(a) The effective date of the Commitment including extension is:
No change
(b) The title to the estate or interest in the land is at the extended effective date hereof vested in:
No change
(c) The land referred to in the Commitment is described as follows:
No change
2. Schedule B of the above Commitment including any prior endorsement is hereby
amended in the following particulars:
(a) The general exceptions at the following lettered paragraphs of Schedule B are hereby deleted: n/a
(b) The special exceptions at the following numbered paragraphs of Schedule B are hereby deleted:
PLEASE DELETE PARAGRAPH 3 FROM OUR REPORT.
(c) The specia~ exceptions at the following numbered paragraphs are hereby added to Schedule B. R/a
(d) The requirements at the following numbered paragraphs are hereby added to Schedule C: n/a
~ ' '% ~ By ~
% ......... ..............
Reorder Form No. 12406
PURCHASER'S CLOSING STaTEmENT
SELLER: MICHAEL CONNOLLY, AS TRUSTEE FOR THE JOHN BREMER AND
EDWARD BREMER CONSOLIDATED TRUST
PURCHASER: CITY OF BREMERTON
LEGAL DESCRIPTION:
The East 5 feet of Lot 21 and all of Lots 22, 23, 24 and
25, Block 16, town of Bremerton, as per plat thereof
recorded in Volume 2 of Plats, Page 30, records of Kitsap
County, Washington.
PURCHASER MUST PAY
Total Purchase Price $75,000.00
ADD Purchaser's Closing Costs
to Cash Payment Payable at Closing
Recording Fee for recording
Statutory Warranty Deed $8.00
Total Purchaser's Closing Costs $8.00 ( 8.00)
TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $75,008.00
NOTE: It is understood and agreed by all parties hereto
that the real estate taxes on the above-described
property are current and Purchaser's Pro-rata share
of 1990 real estate taxes to 1/3/90 have not yet
been determined by the Kitsap County Treasurer's
Office and will be billed to Seller, by the
Treasurer, at a later date; and
It is further understood and agreed by all parties
hereto that any and all utility costs, i.e., water,
sewer, refuse disposal service, telephone, and any
and all other utilities incurred in regard to the
subject properties of this transaction, shall be
pro-rated outside of closing; and
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.
CITY OF BREMERTON CLOSING STATEMENT -1-
19~.ACCEPTED AND APPROVED this ~ day of~ ,
IAN R. SIEVERS
CITY OF BREMERTON CLOSING STATEMENT -2-
Submit to County Treasurer of the ~
~ou,ty~,,h~chprop,,y~,~oc,ted. REAL ESTATE EXCISE TAX ~'tormi. yourr.=eipt,,bon.t.mpod
by Cashier. p&y by cae*ti or cmtitied
CHAPTER 82.45 RCW check to County Treasurer.
PLEASE TYPE OR PRINT CHAPTER 458.al WAC
THIS AFFIDAVIT WILL NOT SE ACCEPTED UNLESS ITEMS (~ THROUGH (~) ARE FULLY COMPLETED
Bremer Trust ~--~-----~City of Bremerton
N.me C/O Mr. Michael Connolly, H.me
-- Trustee I~o~s,am~e, ee,~i3
st,est P. O. BOX 826 9 Fourth Street
Bremerton WA. 98310
stets zi, ~ Bremerton st.,. WA.
(~ City of Bremerton
NEW OWNER'S Name ALL TAX PARCEL NUMBERS
PERMANENT ADDRESS ~ 239 Fourth Street:
FOR ALL PROPERTY Street 37] 8--0] 6--02]
TAX RELATED Bremerton, WA.
CORRESPONDENCE 98310
Zip ~
LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED Kitsap
COUNTY r'~ OR IN CITY OF
Please see Exhibit "A" attached hereto and incorporated herein
by this reference.
(~) Is this property currently: YES NO ~- Description of personal property if included in sale (furniture, ap-
Claasilied or designated as forest land? NO t app 1 i c a b 1 e.
Chapter 84.33 RCW [] ~ pliances, etc.)
Classified as current use land (open space,
farm and agricultural, or timber)? Chapter 84.34 RCW []
Exempt from property tax under nonprofit If exemption claimed, explain
organizations Chapter 84.36 RCW? [] ~[~ pursuant to WAC 458-61-080.
Receiving special valuation as historic
property under Chapter 84.26 RCW? []
Type Property: [] landonly [] land with new building. Type of Document Statutory Warranty Deeg~
DateofDocumeat. January 3, 1990
[] land with previously [] land with mobile home Gross Sale Price 1 / $ 7 5. 000. OO
used building
SEE TAX OBLIGATIONS ON REVERSE SIDE Personal Property (deduct) 2 / $ -0--
(~ Taxable Sale Price $
(t) NOTICEOF CONTINUANCE (RCW) 84.33 orRCW84.34) ExciseTax: State $ --0-
II the new owner(s) of land that is classified or designated as curren~l use or forest Local 3/ $
land wish(es) to continue the classification or designation of such land, the new Delinquent Interest: 4/State $ --~--
owner(s) must sign below. II the new owner(s) do(es) not desire to continue such
classification or designation, all compensating or additional tax calculated pursuant
to RCW 84.33.120 and 140 or RCW 84,34.108 shall be due and payable by the seller Local $ --0
or transferor at the time of sale. The county assessor must determine if the land Delinquent Penalty: 4/State $
transferred qualifies to continue classification or designation and must so indicate Total Due $
below. Signatures do not necessarily mean the land will remain in classification or
designation. If it no longer qualifies, it will be removed and the compensating taxes (SEE I-5 ON REVERSE SIDE)
will be applied. All new owners must sign.
Thisland [] does [] doesnot qualify ~) AFFIDAVIT
forconlinuance. DEPUTYASSESSOR I CERTIFY UNDE OF RY UNDER THE LAWS OF
THE STATE O E FOREGOING IS TRUE
(3) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) SIGNATUR
If the new owner(s)of property with special valuation as historic property
wish(s) to continue this special valuation the new owner(s) must sign below. If NAME (print) IAN R. S I MYERS
the new owner(a) do(es) not desire to continue such special valuation, all addi- Rremer t on, Wa.
tional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable DATE & PLACE OF SIGNING:
by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE SPECIFY (circle): grantor/grantee/grantor'a agent~
Address of residence or place of business of person signing (specify):
239 Fourth Street
Eremerton_,_, Washin ton 98310
The Iollowing optional questions are requested by RCW 82.46.120
la property at the time of sale:
YES NO e. Does conveyance involve a trade, partial YES NO
a. Subject to elderly, disability, or physical improvement 1[] 2[] trust, receivership or an estate?
exemption? inlerest corporate affiliates, related parties, 1 [] 2 []
b. Does building, if any, have a heat pump or solar f. Is the grantee acting as a nominee for a third 1[] 2 []
beating or cooling system? 1[] 2 [] party?
g. Principal use:
c. Does this conveyance divide a current parcel of land? 1 [] 2 []
1 [] agricultural 2 [] condominium 3 [] recreational
d. Does sale include current crop or merchantable
timber? 1[] 2 [] 4 [] apt (4+ units) 6 [] industrial 6 [] residential
7 [] commercial 8 [] mobile home 9 [] timber
FORM REV 84-0001 am (7/88) -1las- FOR TREASURER'S USE ONLY
COUNTY TREASURER
EXHiBiT
The East 5 feet of Lot 21 and all of Lots 22,
23, 24 and 25, Block 16, town of Bremerton, as
per plat thereof recorded in Volume 2 of Plats,
Page 30, records of Kitsap County, Washington.
SUBJECT TO: The theatre assembly area of the
structure located on the above-described
property shall be limited to those uses
permitted to be funded by the State hotel/motel
tax set forth in Chapter 67.28 RCW or as
hereafter amended.
This restriction shall be considered a covenant
running with the land and not a condition, and
the same shall be binding upon the grantor and
grantee, their heirs, administrators,
successors and assigns for a period of five
(5) years from and after the date of this Deed.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Admiral Theatre - FOR AGENDA OF:~2-20-89
Purchase agreement ORIGINATING DEPT:Executive
& Resolution ~2281 ORIGINATOR:Mavor
DATE SUBMITTED:12-14-89
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Peggy Lesser, RiskMan~~~R~s?lution to purchase
Rich ~anna, Treas~er~~-~__,~-~Admlral Theatre
Ian Slevers, Atto_r.ne.~ ~._P~r~hase Agreement
Kathy McCluskey, Directf~r~"" C. Admiral Theatre
Administrative Services Development and
Operations Plan
ENDORSEMENT [~] INFORMATION [ ] ~/ ~ ~_
/? '~ ~ ~APPROVED BY COUNCIL PRESID
MAY_~/~~W COUNCIL PRESID
4. S~Y STATEMENT AND REOUIREMENT FOR
The City of Bremerton has been given an opportunity to purchase
the Admiral Theatre from The Bremer Trust for $75,000. The
assessed value of the building is $228,000. It is proposed to
utilize funds from the Hotel/Motel Tax Fund to purchase the
building. This fund is dedicated, by law, to certain capital
improvements and activities which promote tourism and
cannot be utilized for personnel or other general fund
expenditures. The intent is to renovate the facility and
utilize it as a Performing Arts Center. A community group has
been formed and will accept the responsibility for fund
development to finance the necessary renovations of the
building and work with the city in developing a management
contract for the operation of facility.
5. RECOMMENDATION:
The City Council approve Resolution No~/~d authorizing
the Mayor to sign the purchase agreement.
9. RESPONSIBLE OFFICIAL:Mayor
ENFORCEMENT OFFICIAL:Mavor
EXPIRATION DATE:12-31-89
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [ ] TABLED~f~I APPROVED [ ] DISAPPROVED [ ] AMENDED [
COUNCIL DIRECTIVE: ~ _~ ~'~ ~-~
AGENDA PREPARATION & USE INSTRUCTIONS ~
Refer to Policy & Procedure Manual
General Administration #2-4 11. AGENDA BILL NO.:~-
(OVER)
CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The Bremer Trust offer of $75,000 will terminate on December
31, 1989 and the city will lose the window of opportunity to
purchase the facility at that price.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
The Theatre can be purchased by utilizing the Hotel/Motel Tax
Fund. The projected year ending cash balance of this fund is
$560,000. Additionally, the City collects an estimated
$75,000 annually.
7. RESEARCH SOURCES:
Land Title Records
County Assessor Files
· OFFICE OF THE CITY CLERK ·
Gateway to the Olympics and Home of the Puget Sound Naval Shipyard
A~nerica's Most Liveable City
November 2, 1990
Mr. Loui· Soriano
Loui· Soriano In·urance Agency, Inc.
P. O. Box 671
Bremerton, WA 98310
Re: The Admiral Theatre Foundation
Dear Sir:
While preparing my re·ponse to your letter of October 2, 1990, I
reviewed the finalized agreement between the City of Bremerton and
the Admiral Theater Foundation. That agreement specifie· that,
"The City ·hall carry at full replacement co·t fire and extended
coverage insurance on the Facility.". While that provision
may conflict with all of the discussions you and I have had
regarding insuring that facility, I am not able to drop in·urance
coverage for the building. The contract requires me to carry it.
The premium savings which might be realized should this building
not be included in our property value· at renewal is approximately
$103 per year. No premium ·aving· is available should the property
be deleted mid-term.
While I realize that the insurance provisions of the Admiral
Theatre Agreement may not make much sense, I'm sure you al·o know
that the terms of this agreement were hammered out in an unusual
way. The Foundation succes·fully lobbied for that language.
Plea·e let me know if I can answer any question·.
Margar~r, ARM
Risk Manager
MML:eh
cc: K. McCluskey
File #3223
239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290
RESOLUTION NO.~F{
A RESOL~URCHASE
OF T~DMIRAL TH~DING
WHEREAS, the Bremer Trust has offered the City the purchase
of the Admiral Theatre Building for $75,000; and
WHEREAS, the City of Bremerton recognizes the community
benefit of a performing and fine arts and cultural center and is
desirous of establishing such a facility within the Central
Business District; and
WHEREAS, The County Assessor's valuation for tax purposes of
this building is in excess of $225,000; and
W~RwF~AS, the Civic Improvement Fund (104-00 - Hotel/Motel
Transient Tax) is limited by State law for particular purposes
which include convention center facilities, performing arts center
facilities, and visual arts denters; and
WHEREAS, in order to preserve the purchase price of $75,000,
the City does not have adequate time to develop professional advice
on the specific physical integrity of the building but has received
favorable reports regarding the general condition of the building;
and
WB~/~%S, the City council has determined that the purchase
price is sufficiently below the assessed valuation to accommodate
this lack of detailed information; and
WHEREAS, it is of a higher priority to the community to
purchase the theatre at the offered price rather'than to attempt
to negotiate a longer period within which to develop new analyses,
NOW, THEREFORE,
BE IT RESOLVEDTHATTHE ~TON CITY COUNCIL:
That the Mayor is directed to execute the purchase agreement
between the city and the Bremer Trust for the Admiral Theatre
facility attached hereto as Exhibit A and incorporated by reference
herein.
City~,,¢~ ~,~ "2 ,c3, day of
.~Q PASSED by the Bremerton ~v~.~ ~.~p. -
/~U/~£/~/ , 1989.
OFFICE OF THE .
Bremerton City Attorney
lan R. Sievers, City Attorney % 7_~ Z~-~
239 Fourth S~reet Assistant City Attorneys:
Brernerton, WA 98310 Laura J. Anderson
(206) 478-5345 Leila Mills
Scan 449-5345 J. Kelley Rinehart
DATE: December 27, 1989
TO: city Council Members
Mayor Lobe
FROM: Ian Sievers, City Attorney
RE: Admiral Theater Purchase
As I mentioned at council meeting last week, the Admiral Theater
agreement had not been approved as to form by the Bremer Trust
attorney. We did develope some changes summarized below and
incorporated into the final draft attached. Since these do not
alter the substance of Council approval of this purchase, it has
not been resubmitted as a new agenda item.
Paragraph 4 & 6:
A title report has been prepared and I have reviewed it. The
procedures for approving title enc~mhrances in these two paragraphs
in the original contract are now unnecessary.
Paragraph 16, Personal Property.
The old agreement required conveyance of personal property on the
premises at the date of signing the purchase agreement.
Ownership of seating and miscellaneous film equipment is owned by
Act III, the former theater tenant, and this language would have
required the Trust to give notice for removal of these items before
the signing of the purchase agreement. Since it is in the City's
interest to negotiate retention of some or all of this property
from Act III, the agreement is clarified to state the sale does not
include personal property and the Trust position as to these items
is assigned to the City so that discussions with Act III can be
pursued. Act III's offices were closed until January 2nd.
Paragraph 16, Inspection of Warranty.
Language was added reciting the inspections which the City has
undertaken, and to reemphasize that the building is sold "as is."
This was'the legal consequence of the original draft.
An Equal Oppottunit~ Employer
REAL EBTATE PURChaSE AGREEMENT
THIS AGREEMENT is by and between BREMER TRUST (hereinafter
referred to as "Bremer Trust") and the CITY OF BREMERTON, a
Washington municipal corporation, (hereinafter referred to as
"Bremerton").
1. DESCRIPTION OF P/%RCELS: Bremer Trust agrees to sell and
Bremerton agrees to purchase, upon the terms and conditions
contained herein, that parcel of real property located in Kitsap
County, State of Washington, legally described as:
The East 5 feet of Lot 21 and all of Lots 22, 23, 24
and 25, Block 16, town of Bremerton, as per the plat
thereof recorded in Volume 2 of Plats, Page 30, records
of Kitsap County, Washington.
(hereinafter "Bremer Trust Tract").
2. PURCHASE PRICE:
a. Bremerton and Bremer Trust agree that the purchase
price of the Bremerton Trust Tract is $75,000.00.
3. CO~V~Y/qNCE: The Bremer Trust shall convey the Bremer
Trust Tract to Bremerton for and in consideration of $75,000.00.
4. NO TITL~ ENCUMBRANCES: The status of the Bremer Trust
Tract title is shown in the preliminary commitment for an owner's
standard coverage ALTA form title insurance policy issued by Land
Title Insurance Company, attached hereto as Exhibit "A", which
commitment has been obtained by Bremer Trust at its expense.
5. RIGHT TO ENTER PREMISES: Bremerton, or its authorized
agent, shall have the right, at reasonable times, to enter upon the
Bremer Trust Tract to make any and all inspections, tests or
surveys, and to conduct and carry out said inspections, tests or
surveys at its sole expense and liability.
6. CONVEY/qNCE BY STATUTORY ~Y DEED, WITH DEED
RESTRICTION: At closing, fee title to the Bremer Trust Tract shall
be conveyed to Bremerton by Statutory Warranty Deed, subject only
to those defects and encumbrances shown in Exhibit A and approved
upon execution of this agreement. In addition, the Deed shall
contain a restrictive covenant running with the land, limiting use
1
of the theatre assembly area within the facility located on the
Bremer Trust Tract as a public facility permitted to be funded with
the State hotel/motel tax (Chapter 67.28 RCW) e.g., performing or
visual arts center. This covenant shall expire five (5) years
after the date of purchase under this Agreement.
7. TITLE INSUI~/~CE: At closing, Bremer Trust agrees to
provide to Bremerton, at its expense, an owner's standard ALTA form
policy of title insurance said policy containing, in addition to
the normal printed exceptions, only those defects and encumbrances
approved by Bremerton pursuant to Paragraph 4 above.
8. POSSESSION: subject to the limited right of entry
pursuant to Paragraph 5 above, Bremerton shall be entitled to
possession of the Bremer Trust Tract upon the closing of this
transaction, except that the use of the portion of the premises
occupied by the Bremers Trust as of December 20, 1989 as offices
may continue up to ninety (90) days following closing without
charge for rent or utilities.
9. ESCI~ON CLOSING AGENT: This transaction shall be closed
by the city Attorney's office.
10. CLOSING COSTS AND PRORATIONS: Bremer Trust agrees to pay
for the costs of clearing the Bremer Trust Tract title, including
any delinquent 9roperty taxes, the owner's standard title insurance
policy, and any real estate excise tax related to the Bremer Trust
tract. Real estate taxes for the year of closing, and utilities
constituting liens against the property, shall be prorated as of
closing. Any assessments shall be paid by the Bremer Trust.
11. CLOSING DATE -' TERMINATION DATE: This transaction shall
be closed on or before 5:00 p.m. on the termination date of this
Agreement, which date shall be 30 days after the data on which
Bremerton signed this Agreement below.
12. ATTO~N~Y'S FEES: In the event that Bremer Trust or
Bremerton shall institute a lawsuit to enforce any rights pursuant
to this Agreement, the successful party shall be entitled to, in
addition to those costs and disbursements provided by statute, a
2
reasonable sum as attorney's fees and costs incurred in any appeal
thereof.
13. NOTICZS: All notices sent to Bremer Trust or Bremerton
pursuant to this Agreement shall be sent by certified mail, return
receipt requested to the following addresses unless either party
notifies the other in writing of a change of address:
Bremer Trust Bremerton City Clerk
Michael Connolly, Trustee Bremerton City Hall
P.O. Box 826 239 Fourth Street
Bremerton, WA 98310 Bremerton, WA 98310
14. TIME OF gSSEN~E: Time is of the essence of this
Agreement.
15. ~OVERNING LAW AND Vg~us: This Agreement shall be
governed by and interpreted in accordance with Washington law.
Any litigation arising out of or in connection with this Agreement
shall be conducted in Kitsap County, Washington.
16. RISK OF LOSS:
a. ~. The Bremer Trust shall deliver the Bremer
Trust Tract to Bremerton at closing in the same condition existing
as of the date hereof. Risk of loss or damage to the Bremer Trust
Tract shall be borne by the Bremer Trust until the date of closing.
Thereafter, Bremerton shall bear the risk of loss.
b. Personal Pronertv. Bremer Trust notifies Bremerton and
Bremerton hereby acknowledges that (i) this sale does not include
any personal property, whether located at the Bremer Trust Tract
or elsewhere; (ii) all theatre equipment, furniture, fixtures,
seats, and other furnishings which were installed at the Bremer
Trust Tract by the former tenant of the Bremer Trust Tract are, by
the applicable provisions of the lease, removable by such former
tenant. Bremer Trust assign~ its rights and responsibilities as
to this personal property, if any, to Bremerton.
c. Inspection - Bremerton Takes "As Is". Bremerton has
inspected the Bremer Trust Tract and at closing shall accept the
same and all improvements thereon and thereto "as is", and with all
defects.
d. Inspection and Environmental Concerns. Bremer Trust has
notified Bremerton and Bremerton acknowledges that there is
asbestos present at the Bremer Trust Track. Bremerton has
completed an inspection of the Bremer Trust Tract to Bremerton's
satisfaction. Bremer Trust knows of no release of any hazardous
or toxic substances at the Bremer Trust Tract, and makes no other
representation, covenant or warranty with respect to the condition
of the Bremer Trust Tract or of any improvement thereto, or as to
the conformity thereof for any desired use, or as to compliance
with any building code, zoning or other shoreline, environmental
or other health, safety or other regulatory concern relative to
past use, present use, or future or intended use by Bremerton or
others of the property. Bremerton covenants with Bremer Trust not
to sue Bremer Trust or to make any claim for compensation in any
form against Bremer Trust or any of its officers, trustees,
directors, employees, agents or any related parties as to any
matter, known or unknown, relating to either the condition or past
use of the Bremer Trust Tract. The particularity of these
covenants by Bremertonshall not in any way be deemed to limit the
generality of Bremerton's acceptance of the Bremer Trust Tract 'AS
IS", based upon Bremerton's own independent examination,
inspection, testing and acceptance thereof.
17. ASSIGNMENT: Neither Bremer Trust or Bremerton's rights
under this Agreement may be assigned without prior written consent
of the other party. In the event of an assignment, this Real
Estate Purchase Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors,
assigns, heirs, and legal representatives.
18. HE~DINGS: The headings of the paragraphs of this
Agreement are inserted solely for the convenience of the parties
and are not a part of nor intended to govern, limit, or aide in the
construction of any term or provision hereof.
19. ENTIR~ AGP. EF, M~NT: There are no verbal or other
agreements which modify or affect this Agreement, Bremer Trust and
4
Bremerton agree ~hat this Agreement constitutes the full and
complete understanding between the parties hereto.
20. SURVIVAL= Bremer Trust and Bremerton agree that all
representations, warranties, and agreements made herein shall not
merge in, but shall survive, the closing of this transaction and
the delivery of any deeds hereunder.
21. LI~IT~TIO~ OF B~TON'~ TI~E FOR ACCEPT~I~'CE;
Bremerton shall have only until 5:00 p.m. on the 30th day following
the date of Bremer Trust signature below to accept this Agreement
by delivering a signed copy thereof to Bremer Trust. If Bremerton
does not so deliver a signed copy within said period this Agreement
shall lapse and all rights of the parties hereunder shall
terminate.
BREMER TRUST
DATED: BY:
President
DATED: BY:
Secretary
CITY OF BREMERTON
DATED: BY:
GENE LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
APPROVED AS TO FORM:
IAN R. SIEVERS, City Attorney
5
CITY OF BREMEaRTON //~ Account No.
Utilily Billing Offic~ ~ .
3027 Olympus Drive
(206) 478-5316
Owner/Tenant Change
__ . '"'-,/ _ . . ~ ~/~-,~-~'..~.,~ pro. ny
[] Se~d bill ~o my A~m. (¢ompl~- Section B)
[] Send bill ~o ',he I~nant. (MUST Bi~. AUTHORIZED BY TH~ OWNER, Complete Section C)
[] ~ m~li~ ~ld~.~. (¢ompl~ Sec'do~ A, B, or ¢ as ~lUir~d)
Section A: OWNER INFORMATION
Name: ~'~ r~m~ ~ Phone No.: ( ) ~ ~ ~' ~
~it ~t:. ~ho No.:. ~H: ~
Section B: AGENT UN'FORMATION
Name: Phone No.: ( )
Address:
Section C: TENANT IA'FORMATION (BILLING INFORMATION)
Name:. Phone No.: ( ).
O~ober 7, 199?
Land Title Company
2501 S.E. Mile Hill Drive, Suite 101
P.O. Box 1~9
Po~ Or~ard, WA 98366
RE: Kitsap Coun~e Admiral ~eatre Foundation Loan
'".Chi~go Title Insurance Company Policy ~8 0025 107 00009997
Dated De~mber 13, 1~
Gentlemen:
Under separate ~ver you ~11 re~ive a signed and notarized original of First
~end~nt to De~ ~ Trust with ~signment of Rents and Security Agreement (the
"~endmen~).
~e foregoing relates to the real prope~y o~ed by the Ci~ of Bremedon,
Washin~on, and des~ib~ in the referen~ polio. I am enclosing with this letter this
fi~'s ~e~ payable to the Kitsap County Auditor in the amount of $10.00 for the
re~rding fee for ~is ~endment.
Please re.rd the foregoing d~ument when you have ~nfirmed that Chi~go
Title Insumn~ Company is prepared to issue to Kitsap Co~ty its Endorsement no.
110.5 to its ALTA ~ended Coverage Loan Policy issued under ~he referenced policy
number subje~ to no exceptions other than any shown on its Commitment For
Endorsement dated September ~ 8, 1G97 ~t 8:00 A.~
Please ~nfirm the recording of the ~endment by phone, have the original
~endment returned to me following recording, and provide a ~py of ~e ~nt as
re~rded showing re~rding numbers to me, the Admiral Theatre Foundation and the
C~ ~ B~ ~ the following addresses: