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Home My WebLink About9011270024~, , CLERK ,., Y OF BREME~TON ::"~9 Fourth Street ~e grantor, Chief, Sp~ial Pr~ur~ ~nction of Internal R~enue ~ for the D~trict of ~ttle, Wahington, for and in ~nsideration of the sum of s~ n~e thou~nd and ~/1~ dolla~ (~9,~.~), ~nve~ and quit claims to BetF Mahan, a sin~e woman all inter~t in the follo~ng d~i~ r~l pro~ situat~ in the ~un~ of ~tsap, State of W~hington, to Mt: ~ 19 and ~, Bl~k 17, To~ of Breme~on, ~r plat r~rd~ in ~1. 2 of plats, page 30, r~rds of ~ap ~un~, State of Washington. ~e a~ve pro~rF was sold to the a~ve-~m~ ~tF Mahan, a sin~e ~man at a sale ~nduct~ on 05-24-~ in a~rdan~ Mth the pro.siGns of ~ion 75~ of the Internal R~enue ~e of 1954, and the Regulatiom promulgated thereunder. ~e Unit~ Smt~ of ~eri~ a~uir~ ~tle by exerting i~ ri~t of r~emption under IRC ~tion 7425(d), Title ~, USC on 11~1-89. ~e ~rtifiote of R~emp~on wm r~rd~ 11-~-~ under ~ap ~unty Auditor's File No. 8911~029. By: Bob Thomas Chief, Special Procedures function STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day personally appeared before me ~ ~r~na._. , Chief Special Procedures function of Internal Revenue Service for the District of Seattle, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledges that he signed same as his free and voluntary act and deed for the uses purposes therein mentioned. Given under my hand and official seal this ~c~'~ day of ~aff , 1990. TRAN,?)ACTION EXCISE TAT~' - Notary ~blic In and For the ' State of'Washington, residing at: AMOUNT ~ffZ COUNTY RLED FOR REC0R0 My Commission Expires: 07- 0 ? - CZL-- R{tO. O~ ,I']CO~ ~'ff~, docid: jk2091 t~0V ~ ~ FLYNN 00112700 4 RE[$68B 964 Filed for Record at Request of: Rt. ED FOR RE'RD ...... Name Bremer~on City Attorney ~ FL~N 239 Fourth S~ree~ Address Bremerton, WA. 98310 D~ ~ ...... QUIT CI~IM DEED (For Use in the State of Washington Only) THE GRANTOR, BETTY M. MAHAN, a single woman, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, conveys and quit claims to THE CITY OF BREMERTON, the following described real estate, situated in the County of Kitsap, State of Washington, including any interest therein which GRANTOR may hereafter acquire: Lots 19 and 20, Block 17, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, State of Washington. DATED this I ~-~ day of ~ ~ ~ ~ , 1990. BETTY M.~ - GRANTOR STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared BETTY M. MAHAN, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free.and voluntary act and deed, for the uses and purposes therein mentioned.--,,- ~..--~~AP TRANSACTION EX~TAX QUIT CLAIM DEED -1- PA~ NOV 90112700 5 AMOb,~ ~ COUNTY T~EASUREJJi GIVEN under my hand and official seal this / ~ day of ~\~~~ , 1990. -- No(ary~ublic in and Ifo~th9 ~* ~"t -'.,'~ ~ ~; Wa~on, residing ~a~ ~'~ ?;; ~': My appointment expires: ~~'~'~.::~ ~ 9011~700~5 QUIT CLAIM DEED -2- ~ TICOR TITLE NOV ~ ,'~ 1990 Litigation, Trustee's Sale or INSURA, , p,~.~=, ~,. r~ .~RNEY Contract Forfeiture Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE LIMITS OF UABIUTY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, 11COR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION. herein called the Company. for the fee paid for this Guarantee. the number, amount and effective date of which are shown herein, hereby Guarantees the party or part*es herein called the Assured, and only such party 3r part~es, against loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness m the assurance which the Company hereby g~ves that, according to the public records, on the effective date stated herein. 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their pnority. Th~s Guarantee ~s ~ssued with the expectation that, within 60 days and based upon the facts set forth herein, a Notice of Trustee's Sale wdl be prepared and recorded, a Notice of Intent to Forfeit Real Estate Contract will be prepared and reco~'ded, or an action will be commenced ~n a Court of competent juris~hction. If a Notice of Sale is not recorded, or a Not~ce of Intent to Forfeit Real Estate Contract ~s not recorded, or such act*on ~s not commenced, all Iiabdity and obligation of the Company hereunder shall cease and terminate 60 days after the effective date shown hereto or as may have been extended by endorsement hereto TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By President Attest ~ Secretary TO 2287 (7-l~ LITIGATION, TRUSTEE'8 ~ALE OR CONTRACT FORFEITURE GUARANTEE LITIGATION, TRUSTEE'S SALE OR CONTRACT FORFEITURE GUARANTEE Guaranty No. : J-117341 Effective Date : NOVEMBER 6, 1990 at 8:00 a.m. Reference : BIRKETT Prepared for: CITY OF BREMERTON 239 4TH STREET BREMERTON, WA 98310 Attn: CITY ATTORNEY'S OFFICE/JACKIE Inquiries should be directed to: TICOR TITLE INSURANCE 706 PACIFIC AVENUE BREMERTON, WASHINGTON 98310 Call: 377-3771 CHERYL MO CULLOUGH OR KAREN WALTERS, TITLE CLOSERS SUZIE BANE OR MIKE GROCE, TITLE OFFICERS LIABILITY : $60,000.00 PREMIUM : $389.00 TAX : $30.35 Assured: CITY OF BREMERTON The estate or interest in the land described or referred to in this schedule covered by this guarantee is: FEE SIMPLE ESTATE Title to said estate or interest at the date hereof is vested in: CARLE B. STANLEY, AS HIS SEPARATE ESTATE The land referred to in this guarantee is located in the County of Kitsap, State of Washington, and described as follows: LOTS 19 AND 20, BLOCK 17, TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, IN KITSAP COUNTY, WASHINGTON. 1 - 3-117341 Exceptions: 1. GENERAL TAXES as follows, plus interest after delinquency; First half delinquent May 1; Second half delinquent November 1; Years: : 1988 AND 1989 Respective amounts billed : $1,581.64 AND $1,343.12 Respective amounts paid : -0- AND -0- Respective amounts due : $1,581.64 AND $1,343.12 Tax account no. : 3718-017-019-0000 Tax levy code : 0010 2. LOCAL IMPROVEMENT ASSESSMENTS, AND/OR SPECIAL ASSESSMENT, if any, levied by the City of BREMERTON. 3. Possible liability for additional general taxes for the current year in the event the exemption applied is not applicable to the present ownership of said premises. 4. CONTRACT OF SALE and the terms, conditions and covenants, and the effect of any failure to comply therewith: Seller : CARLE g. STANLEY, A WIDOWER Purchaser : LYLE E. BIRKETT AND BETTY L. BIRKETT, HIS WIFE Dated : JUNE 30, 1975 Recorded : JULY 7, 1975 Auditor's No. : 1104639 Receipt No. : E-2857 Purchaser's interest now held by party herein named under proceedings herein noted. Case No. : 78-3-00831-9 Party : LYLE EDWIN BIRKETT The interest of said party being presumptively subject to the community interest of spouse if married on or since FEBRUARY 22, 1980. 5. ASSIGNMENT OF CONTRACT AND DEED IN THE NATURE OF A MORTGAGE to secure an indebtedness of the amount herein stated and any amounts payable under the terms thereof. Amount FOR COLLATERAL PURPOSES ONY Dated SEPTEMBER 16, 1983 Recorded SEPTEMBER 20, 1983 Auditor's No. 8309200045 Executed by LYLE E. BIRKETT To SUBURBAN STATE BANK Affects SAID PREMISES 6. JUDGMENT for the amount herein stated and any other amounts due. Creditor : JOHN DEERE COMPANY Debtor : LYLE E. BIRKETT, DBA KITSAP EQUIPMENT COMPANY, LYLE E. BIRKETT AND JANE DOE Amount : $29,729.12; INTEREST $7,779.80; ATTORNEY FEES $5,914.00; AND $598.29 COSTS Dated : NOVEMBER 6, 1987 Filed : NOVEMBER 6, 1987 Judgment No. : 87-9-01551-1 Case No. : 85-2-01385-1 Attorney for Creditor: GEORGE HULL & PORTER 2 - J-117341 7. JUDGMENT for the amount herein stated and any other amounts due. Creditor : DEPARTMENT OF REVENUE Debtor : LYLE E. BIRKETT AND JANE DOE BIRKETT A~ount : $216.18 Dated : NOT SHOWN Filed : NOVEMBER 16, 1987 Judgment No. : 87-9-01584-7 Case No. : 87-2-01791-7 Attorney for Creditor: NONE SHOWN 8. JUDGMENT for the amount herein stated and any other amounts due. Creditor : WASHINGTON CREDIT INC. Debtor : LYLE E. BIRKETT AND JANE DOE BI~KETT, HUSBAND AND WIFE Amount : $459.81; COURT COSTS $41.00; ATTORNEY FEES $50.00; TRANSCRIPT FEE $2.00; FILING FEE $15.00 Dated : FEBRUARY 28, 1986 Filed : OCTOBER 3, 1988 Judgment No. : 88-9-01255-2 Case No. : 88-2-01810-5 Attorney for Creditor: NONE SHOWN 9. 3UDGMENT for the amount herein stated and any other amounts due. Creditor DON HEBERLING Debtor LYLE E. BIRKETT AND LYLE E. BIRKETT FKA BIRKETT ENTERPRISES, INC. Amount $226,786.44 PLUS $7,350.04 INTEREST; ATTORNEY FEES OF $1,000.00; FILING FEE $78.00; AND SERVICE FEE $34.50 Dated : JANUARY 12, 1989 Filed : JANUARY 12, 1989 Judgment No. : 89-9-00051-0 Case No. : 88-2-01848-2 Attorney for Creditor: JANES RYAN 10. MORTGAGE to secure an indebtedness of the amount herein stated and any other amounts payable under the terms, conditions, provisions and stipulations thereof. Amount : $62,000.00 Dated : AUGUST 31, 1981 Recorded : SEPTEMBER 3, 1981 Auditor's No. : 8109030109 Mortgagor : LYLE E. BIRKETT, A SINGLE MAN Mortgagee : DON HEBERLING 11. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms, conditions provisions and stipulations thereof. ' Amount : $22,865.05 Dated : NOVEMBER 20, 1984 Recorded : DECEMBER 3, 1984 Auditor's No. : 8412030067 Grantor : LYLE E. BIRKETT, A SINGLE MAN Trustee : LAND TITLE COMPANY OF KITSAP COUNTY, A WA. : CORP. Beneficiary : DON HEBERLING, A SINGLE MAN 3 - J-117341 12. DEED OF TRUST to secure an indebtedness of the amount herein stated and any other amounts payable under the terms, conditions, provisions and stipulations thereof. Amount : $46,640.18 Dated : NOVEMBER 20, 1984 Recorded : DECEMBER 3, 1984 Auditor's No. : 8412030068 Grantor : LYLE E. BIRKETT, A SINGLE MAN Trustee : LAND TITLE COMPANY OF KITSAP COUNTY, A WA. : CORP. Beneficiary : DON HEBERLING, A SINGLE MAN 13. SECURITY INTEREST in goods under the provisions of the Uniform Commercial Code, RCW 62A, disclosed by Financing Statement filed in the Office of the County Auditor. Debtor BIRKETT ENTERPRISES, INC. Secured Party DON HEBERLING Filed DECEMBER 3, 1984 Auditor's No. 8412030070 Collateral NUMEROUS MATTERS OF PERSONAL AND/OR REAL PROPERTY AFFECTING OR PURPORTING TO AFFECT SAID PREMISES, ALL TO THE RECORD OF WHICH REF- ERENCE IS HEREBY MADE FOR FULL PARTICULARS Affects SAID PREMISES 14. SECURITY INTEREST in goods under the provisions of the Uniform Commercial Code, RCW 62A, disclosed by Financing Statement filed in the Office of the County Auditor. Debtor : BIRKETT ENTERPRISES, INC. Secured Party : DON HEBERLING Filed : DECEMBER 3, 1984 Auditor's No. : 8412030071 Collateral : NUMEROUS MATTERS OF PERSONAL AND/OR REAL PROPERTY AFFECTING OR PURPORTING~ TO AFFECT SAID PREMISES, ALL TO THE RECORD OF WHICH REF- ERENCE IS HEREBY MADE FOR FULL PARTICULARS Affects : SAID PREMISES 15. NOTICE OF FEDERAL LIEN for the amount herein stated and any other amounts due. Against : LYLE E. BIRKETT DBA KITSAP EQUIPMENT CO. District : SEATTLE Serial No. : 85014979 1713 Amount : $55,354.96 Filed : NOVEMBER 12, 1985 Vault File No. : 8511120141 16. NOTICE OF FEDERAL LIEN for the amount herein stated and any other amounts due. Against : LYLE E. BIRKETT District : SEATTLE Serial No. : 9101:FBI:iS Amount : $38,681.59 Filed : NOVEMBER 18, 1987 Vault File No. : 8711180071 4 - J-117341 17. JUDGMENT for the amount herein stated and any other amounts due. Creditor : WASHINGTON CREDIT, INC. Debtor : LYLE E. BIRKETT, INDIVIDUALLY Amount : $550.81 Dated : OCTOBER 11, 1988 Filed : OCTOBER 13, 1988 Judgment No. : NONE SHOWN Case No. : 88-2-01810-5 Attorney for Creditor: NONE SHOWN RECORDED : OCTOBER 13, 1988 AUDITOR'S NO. : 8810130057 18. JUDGMENT for the amount herein stated and any other amounts due. Creditor : DON HEBERLING Debtor : LYLE E. BIRKETT AND LYLE E. BIRKETT FORMERLOY DOING BUSINESS AS BIRKETT ENTERPRISES, INC., A DISSOLVED WASHINGTON CORPORATION Amount : $235,249.58 PLUS INTEREST @12% PER ANNUM Dated : JANUARY 12, 1989 Filed : MARCH 1, 1990 Judgment No. : NONE SHOWN Case No. : 88-2-01848-2 Attorney for Creditor: 3AMES E. RYAN RECORDED : MARCH 1, 1990 AUDITOR'S NO. : 9003010112 19. THE EFFECT OF A TAX DEED RECORDED JULY 18, 1989 UNDER AUDITOR'S FILE NO. 8907180197 BETWEEN SHARON SHRADER, AS TREASURER OF KITSAP COUNTY, AND DOVE TRUST ~2, A TRUST INFORMATION IN WHICH SAID TAX FORECLOSURE PROCEEDINGS HAVE NOT BEEN EXAMINED. 20. THE EFFECT OF A CERTIFICATE OF REDEMPTION RECORDED NOVEMBER 2, 1989 UNDER AUDITOR'S FILE NO. 8911020129 IN WHICH SAID PREMISES ARE PURPORTEDLY TRANSFERRED TO UNITED STATES OF AMERICA BY VIRTUE OF ITS EXERCISE OF ITS RIGHT OF REDEMPTION. 21. THE AFFECT OF ANY UNRECORDED LEASES, IF ANY, AND THE TERMS CONDITIONS, AND COVENANTS OF SAID LEASES. ' 22. A LEASE affecting the premises herein stated, executed by and between the parties herein named for the term and upon the terms, covenants and conditions therein provided. Dated : MAY 27, 1980 Lessor : LYLE E. BIRKETT, A SINGLE MAN Lessee : BIRKETT ENTERPRISES, INC., A WASHINGTON CORPORATION Recorded : JUNE 3, 1980 Auditor's No. : 8006030076 Terms : 5 YEARS Affects : SAID PREMISES 23. RIGHT, TITLE AND INTEREST OF BETTY M. MAHAN AS DISCLOSED BY THE FACT SHE EXECUTED DEED OF TRUST RECORDED UNDER AUDITOR'S FILE NO. 9006270079 WITH PACIFIC COAST INVESTMENT COMPANY WHICH HAS SINGE BEEN RELEASED OF RECORD. SAID PARTY ALSO APPEARS ON THE APPLICATION AS OWNER. 5 - J-117341 AUTHORIZED SIGNATORY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA TO 7016 1 WA CLOSING ORDEFI - ~ Unit N · -- COPY TO TICOR No. '-~ / ~ /~ ~,/,/ NAME _ ~-~ , ~ ' ' ~ CITY ~: -, ~ /. CITY ~e enclose the following: ~'Deed from to File No. /~, //.,~ ,~ -~, Excise tax affidavit ~ Check for payment ~ Excise No. //~ ~ 2. Oeed/~tract from to File No. ,/~;// ~ ,,',;'~ ~,~ ~ Excise tax affidavit ~ Check for payment ~ Excise No. ~ ,/./~ ~'~ 3. ~ {a) DT/MTG from to File No. Riaers Attache~ ~ (b) DT/MTG from to ~ File No. Riders Attached ~ ~inancing statement from to Filed I I (1) File with County Auditor $ File No. ~ (2) File with Secretary ct State - Advanced $ Forwarded 4. ASSIGNMENT OF DEED OF TRUST FROM .TO File No. ~lnsed recording No. of DT on ADT prior to recording 5. ~ Recon of trust deed and/or Rel of mtg referred to in paragraph File No. 6. File No. Proceed as follows: T~ES: ~Receipt a~ached ~Pay per attached check ~Paid-please verify SHOW ON POLICY ~ Order type tax registration ~ Send pencil supplement report ~ Give verbal to , ~ Phone No. ~ Bill charges to: ~ also to ,~ Phone No. EXAMINE AND HOLD ABOVE INSTRUMENTS PENDING FURTHER INSTRUCTIONS ~ AM C~ PM ~ You are authorized to record above instruments. Record on [ REGULAR Issue your: ~ Purchaser's/Owner's Policy; Send to ~ Loan Policy; Send to ~ou~ MORTGAGE ASSIGNED Policy showing title in Subject to paragraphs Additional instructions: By Company ~ Paragraph No. is/are out. ~ Inspection report to follow. ~ Policy to follow ~ Question of Lien Priority is clear. ~ Paragraph(s) remains(s). Please advise. There has been no other change in the title to the property covered except Title premium(s) amended as foll(~ws: (~ [3 ALTA Owner's Policy LJ ALTA Loan Policy ~ Other [] Standard [] Extended F} Standard ~ Extended AMOUNT: $ AMOUNT: $ AMOUNT: $ PREMIUM: $ PREMIUM: $ PREMIUM: $ Dated , 19 at 8:30 A.M By__ T1COR T~fle Insurance Company of California SELLER: BETTY M. MAHAN/INTERNAL REVENUE SERVICE PURCHASER: CITY OF BREMERTON LEGAL DESCRIPTION: Lots 19 and 20, Block 17, Town of Bremerton, according to plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, State of Washington. PURCHASER MUST PAY HOW PURCHASER PAYS Total Purchase Price $60,000.00 Payment to IRS $55,200.00 Payment to Betty M. Mahan 4,800.00 $60,000.00 $60,000.00 ADD PRUCHASER'S CLOSING COSTS TO CASH PAYMENT PAYABLE AT CLOSING $60,000.00 Title Insurance Premium Ticor Title Insurance Co. $ 419.35 Past-due Real Estate Taxes for 1988 (amount good until 11/30/90) 2,245.93 Past-due Real Estate Taxes for 1989 (amount good until 11/30/90) 1,746.05 Recording Fee for Quit Claim Deeds 15.00 Total Purchaser's Closing Costs $4,426.33 (4,426.33) $64,426.33 Credit for Money Previously Received by Betty M. Mahan 4,800.00 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $59.626.33 NOTE: 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, CLOSING STATEMENT -1- they are to be corrected. Further if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ~?~ ACCEPTED AND APPROVED this /~ 3~ 1990. day of ~a ~ , INTERNAL REVENUE SERVICE .~'~AMES T. ALrRAND - REVENUE OFFICER B ,' IAN R. SILVERS Attorno¥ for city of Breraorton CLOSING STATEMENT -2- ,~ubmit to COunty Trenurer of the This form ie your receipt when atamped countyinwhlohpropartyielooatad. REAL ESTATE EXCISE TAX by caihiM. Pay by cash 0~ certified PLEASE TYPE OR PRINT CHAPTE~ 4M-et WAC THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLE88 ITEM~ (~ THI~OU~N (~ ARE FUU.Y COMI~.ETED Name ~etl~,V ~.1. ~D~£i Name ~.:L<._~ ~ Street ~'~.~ ~E,<WOOd ~.)ci~,~ '~*~ds Street (~) NEW OWNER'3 Name ,-',~ ff~ Of ~'~,u~*~:t~r! ALL TAX PARCEL NUMBERS TAX RELATED ~J.~'el[ter~opi,/ ~A. 9B310 LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED K ~ t ~3c~ COUNTY ~'~ OR IN CITY OF Lots 19 and 20, Bloc~ 17, Town o~ ~ge~e~or~, Accordin~ ~:o ~la~ recorded in ~otu~e ? o~ Plat,~, Pag~ 39~ ~tate of Is this property currently: YES NO (~) Description of personal property if included in sale (furniture, ap- Classified or designated as forest land? Chapter 84.33 RCW [] [] pliances, etc.) Classified aa current use land (open space, [] farm and agricultural, or timber)? Chapter 84.34 RCW [] If exemption claimed, explain Exempt from property tax under nonprofit [] [] ~LIr ~ U ~, P, ~'. ~.0 organizations Chapter 84.36 RCW? ' Receiving special valuation an historic [] [] property under Chapter 84.28 RCW? Type of Document ~,,) ~ i ~. Type Property: [] landonly [] landwith new building. Date of Sale or Conveyance Instrument [] land with previously [~ land with mobile home Gross Sale Price 1 / $ used building Personal Property (deduct) 2 / $ - SEE TAX OBLIGATIONS ON REVERSE SIDE Taxable Sale Price $ --0-- (1) NOTICE OF CONTINUANCE (RCW)84.33orRCW84.34) ExciseTax State3/ $ If the new owner(s) of land that is classified or designated as current u~e or forest Local 4/ $ ' land wish(es) to continue the classification or designation of such la~d, the new Delinquent Penalty 5/ $ owner(s) must sign below, If the new owner(~) do(es) not desire to continue such classification or deiflgnaflon, all compensating or additional tax calculated pursuant Total Tax Due $ to RCW 84.33,120 and 140 or RCW 84,34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land (SEE 1-5 ON REVERSE SIDE) transferred qualifies to continue classification or designation and must ac indicate (~) 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 AFFIDAVIT will be applled. AIInewownersmuataign. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE Thisland [] does [] doesnot qualify AND CORRECT (see #6 on reverse for penalties). for continuance. DEPUTY ASSESSOR D/~TE SIGNATURE (3) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) NAME (pr ntt If the new owner(a) of property with npecial valuation as historic property ')' wish(e) to continue this special valuation the new owner(s) must sign below. If DATE & PLACE OF SIGNING: R r',~n~ ,. t- ,-, r~. ¥~A · the new owner(s) do(es) not desire to continue such special valuation, all addi- tional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable SPECIFY (circle): grantor/grantee/grantor's agent/grantee's agent by the seller or transferor et the time of eels. (3) OWNER(S) SIGNATURE Address of residence or place of business of person signing (specify): 239 ~ourt ~ Telephone Number' The fotlowMg optional queedonn are requested by RCW 82.48.120 Is property at the time of sale: YES NO YES NO e. Does conveyance involve a trade, partial interest corporate affiliates, related parties, 1 [] 2 [] a. Subject to elderly, disability, or physical improvement 1 [] 2 [] trust receivership or an estate? exemption? f. Is the grantee acting aa e nominee for a third 1[] 2[] b. Does building, if any, have a heat pump or solar 1[] 2 [] party? heating or cooling system? g. Principal use: c. Doenthi$conveyancedivideacurrentparcelofland? 1El 2r~ 1 [] agricultural 2 [] condominium 3 [] recrentioR; d, Does sale include current crop or merchantable l r~ 2[] 4 [] apt (4+ units) 5 [] induntrinl E [] residential timber? 7 [] commercial 8 [] mobile home 9 [] timber FOR TREASURER'S USE ONLY FORM REV 64 OO~O 3m (9/87) -1155- TAXPAYER $~bmit to C*ou nky Treasurer of the '~ / ' ' countyinwhichpropertyislocated. ~ REAL ESTATE EXCISE TAX '~,..~! byThisf°rmisy°urreceiptwhenatempedcashier. Pay by cash or certified check to County Treasurer. CHAPTER 82.45 RCW PLEASE TYPE OR PRINT CHAPTER 458-61 WAC THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ITEMS (D THROUGH (~ ARE FULLY COMPLETED (~) Is this property currently: YES NO (~ Description of personal property if included in sale (furniture, ap- Classified or designated as forest land? [] [] pliances, etc.) Chapter 84.33 RCW Classified as current use land (open space, [] farm and agricultural, or timber)? Chapter 84.34 RCW [] Exempt from property tax under nonprofit [] [] organizations Chapter 84.36 RCW? Receiving special valuation as historic [] [] property under Chapter 84.26 RCW? Type Property: [] land only [] landwith newbuitding. [] land with previously [] landwithmobilehome Gross Sale Price l / used building Personal Property (deduct) 2 / $ SEE TAX OBLIGATIONS ON REVERSE SIDE Taxable Sale Price $ -- (~) (1) NOTICE OF CONTINUANCE (RCW) 84.33 or RCW 84.34) ExciseTax State 3/ $ land wish(es) to continue the classification or designation of such la~d, the new Delinquent Penalty 5/ $ --~i ~ ,, transferred qualifies to continue classificati~/n or designation and must so indicate willbe applied. All new owners must sign. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE Thisland [] does [] doesnot qualify AND CORRECT (see #6 on reverse for penalties). DATE SIGNATURE C. Doesthisconveyancedivideacurrentparcelofland? 1[] 2r-"l I [] agricultural 2 [] condominium 3 [] recreational d. Does sale include current crop or merchantable 1i'--] 2[] 4 [] apt(4+ units) 5 [] industrial 6 [] residential timber? 7 [] commercial 8 [] mobilehome 9 [] timber FORM REV 84 0030 3m (9/87) ~155 TAXPAYER AGENDA BILL BREMERTON CITY COUNCIL I. BUBJECT: FOR AGENDA OF: September 19, 1990 ORIGINATING DEPT: Executive Proposed Real Estate Purchase ORIGINATOR: Mayor Louis Mentor Agreement for purchase of DATE SUBMITTED: September 13, 1990 property at 507 Park Avenue 2./'~CLE~CES: (Comment on back if necessary} 3. ~~ ~/~~ ' Proposed Agreement ~ITY ATTORNEY CITY TREASURER' h ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: YOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTI0~: See attached memo. 8. RECO NDAT ON: Approve proposed Agreement. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL~ EXPIP~TION DATE~ REVIEW DATE: 10. 0 T ON PULLED [] TABLED [] APPROV~APPROVED [] AMENDED [] DATE: ~P ~9 '~ 11. AGENDA BILL NO.= ~ (OVER) 2.- C~CEB COMMEN~B; IMPACT OF NON-PaSSAGE= IMPACT ON STAFFING. BUDGETS. FACILITIES. BOUIP~NT OR O~g~R RESOURCES= 7. ~ESE~/tO~L_~OURCES= No. 90-20 BUDGET ADJUSTMENT REQUEST Fund-Department Number/Name: PABKINGS~II~IREV]~24UE 105 SOURCE OF FUNDS: USE OF FUNDS: BAS EL - OB IT Numbers AHOUNT BAS EL - OB IT Numbers AMOUNT Increase Beginning Cash Garage- $20,000 Property Purchase and Increase in rentals 40,000 Develol~uent $90,000 l~educe Ending Cash 20,000 l~educe Street subsidy 10,000 JUSTIFICATION This adjustment will provide financing for the develol~ent of a new parking facility at Fifth and Park. Department Head Signature~ ~ Dat~ Director Signatur~ ~ -- Date- Treasurer Comments: ~Recommended ~-~ Not Recommended - iti~a a~te In Recommended ~ Not Recommended Mayor s Signature Date Recommended ~ Not Recommended Approved ~ Denied Fiscal & Budget Committee Signature Date PARKING FACILITY AT FIFTH & PARK INCOME BASED ESTIMATE OF PROPERTY VALUE ******************************************************************************* GROSS OPERATING INCOME FROM THE SITE: (24 SPACES @ $2.50/DAY X 250 DAYS/YEAR) $15,000 LESS EXPENSES: DIAMOND $2,250 LIGHTING $600 MISC MAINTENENCE $600 ($3,450 NET OPERATING INCOME FROM THE SITE $11,550 OPERATING INCOME CAPITALIZED AT 12% $96,250 LESS DEVELOPMENT EXPENSES: BUILDING DEMOLITION $10,000 STORM DRAINAGE $10,000 PAVING $2,500 LANDSCAPING $3,500 PROPERTY TAXES $3,800 ($29,800 NET PROPERTY VALUE BASED ON INCOME POTENTIAL $66,450 ADMINISTRATIVE SERVICES · KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City November 21, 1990 Ticor Title Insurance Co. PO Box 590 Bremerton, WA 98310 Attn: Karen Re: Mahan/IRS Deeds Dear Karen: Enclosed is our check in the amount of $15.00 for recording of the enclosed deeds and filing of the Excise Tax Statements. I've also enclosed a check in the amount of $419.35 in payment of the title insurance J-117341. Sincerely, K leen L. McCluskey Director of Administrative Services KLM:eh enclosures 239 4TH STREET S BREMERTON, WA 98310 S (206) 478-5290 REAL ESTATE CONTRACT ~ ~LE B. ST~LEY, a ~ido~er, ~'~m'~,"~ LYLE E. BIR~ and BEVY L; BIRKETT, his Lots (19) Nineteen and (20) Twenty, Block (17) Seventeen, To~ o~ BremerKon, per pla~ recorded in Volume 2 of Pla~s, page SEVENTY-FIVE THOUSAND AXD 000.00' 00/100 .............. a75, FIFTEEN THOUSAND AND 00/100 ...................... {SlS,000.OO* $700.00 or more per mon:h, including interest a~ the rate of ei?kt and one-half percent (~-1/2~) per annum on :he m~nt~ly reducing principal balance. First payment ~o become due :he ls: day of August, 1975, and the 1st day of each and every month ~hereafter until paid in full. Interest co~ence the 1st day of July, 1975. Ho. KIT~P T~ANSACT~CN ~XCISE TAX PAID ~. 7 COU~ T~URER , l' O~u.b~s~,,,o.~,,.~b~o~m, CARLE B. STANLEY, a widower, ~. , r72- / P :,. t " ....... ,TEO WRIGHT, K ~ap Count/Au~,'~ i ~:~" ~ : .... 't,,n~.,~ ............................................... R~. o~ '- - ~H~ HUFF N~. . Suburban 8~ate .~ ........................................................ ~ mm z S~lverdale, ~a 98383 Ibr value ~celvcd do he~b)' convey and quit clailn to · ~an gtate~ . the g~ntee, the fol[owing described Fca] estate, aituat~ m Ki taap Co~ty. S~te of W~in;ton. together wi;~ aH after acquired title of the ;ran;o~s} t~erein: FOR CO~T~ P~OSKS O~Y per Plat recorded in Vol~e 2 o[ Plats, pa~e 30, records o~ g~tsap Co~. ~ p~trch~er for the ~e and p~cha~ of thc a~e des~d ~ ~te. ~e ~ntee h~by ~u~ ~nd a~ce ~o fulfffli the cofl~tions of ~d ~ estate ~fl~ct. LyX~, BZrket~ - STA~ OF WASHINGTON, ~ CounW of Ki~sap to mc known to b~ th~ indi~d~[ d~bed ~ and who ax~euted th~ ~thin snd fo~ ~:strument, and acknowledged that he si~ed the ~me as h~s fr~ ~d volun~ ac: and deed. for the uses and pu~a~ th~ein mentioned. GIVEN under my hand and offici~ seal t~ 16th day of Sept~ber ,1983 ~ ~ Filed for Record at Request of~ ~o~ ~£RERL~NC, FILED FOR I{ECORO MOR~AGE THE MO~A~R ~C~~~[~j mortgages to ~, ~ ~o secure pa~ent of the 8~ of 81xty-t~ Thousand and 00/100 Dollars (~,~O~ and ~nterest, accordinq to the te~s of t~ promisso~ notes bearing dates of February 29, and September 29, 198.0, the [ol[owing describ~ real estate, si~ea~ed tn ~ho County OE Kltsa~, Sta~o of Washington: LOIS 19 and 20, Block 17, Plat of Town of Br~er[on~ =ecorde~ in Volt~e 2 of Plats, at Page 30, records of Ki[sap Coun[y Washington~ Situate in Kitsap County, Washing~ott. ~ the mortgagor promises and agrees ~o pay before all t~es, special assessments and other public charges levie~ assess~ or charg~ against said described premises, and to all improvenents on said described premises insured against loss o= ~age by Eire [n tho amount of the fair markot value thereof~ for the benefit of the mortgagee and to deliver all policies ' ~, said mortgagor has cauaed this instrumen= to be executed thi~~~ ~YLE* E.7 ~RK~TT , ~ TM ~ -,e *~ - STA?E OF W~HINGTON ) : .: ~ ~ ,, .- ' ' ss %~J:'.' ~ ~,'C On ~his day personally appeared before me tO mo knowm to bo b~o individual do~F~b~d ~ arid who oxocu~ed within and foreaoino instrument, and ackn~ledaed that be =hu samu as his free and voluntary ac= and deed, for the uses and ,/'W' '~ , 1981. 8 10?030 109 o z:Washington, residing at Bremerton. DEED OF TRUST 510 Washington Ave., Suite 300 ~Su,, Br~-.erton, WA 98310 S~R~L HUFF OEPUTY DEED OF THUST ~=r~, ~ _132. :~co~. ~ ~Br~ton~ Br~nerton, WA 98310 ~=.?: .... 525 Lebo Blvd. ~A-3, Bremerton, WA 98310 Lots 19 and 20, Block 17, Plat of Town of Br~erton, recorded in Vol~e 2 of Plats, at Page 30, records of Ki=sap County, Washington; Situate in Kitsap County, Washington. DEED OF TRUST 510 Washington Ave., Suite 300 ,~-~ IM II- ~ ~ ~remerton, WA 98310 ~[PUTY ~ DEED OF TRUST Bm~on~WA Lots 19 and 20, Block 17, Plat of To~ of Br~ertcn, recorded in Volume 2 of Plats, at Page 30, records of Washington BIRKETT ENTERPRISES, INC. BIRKW. TT, LYLE E. 132 Wycoff S. ~-3 Bremerton, WA 98310 IIEBE~ING, DON 525 Lebo Blvd. %A-3 Bremerton, WA 98310 Lots 19 and 20, Block 17, Plat of Town of Bremerton, recorded in Volume 2 of Plats, at page 30, records of Kitsap Coun:y Washington; Situate in Kitsap County, Washington JAMES E. RYAN -~ cOu r~,,;3~m~T, 510 Washington Ave., Suite 300 Bremerton, WA 98310 9. BIRKETT ENTERPRISES, INC. LYLE E. BIRKETT X '~ Ind. NAME OAT[ '84 12030070 :5',327 t5t B:ZRK:E:TT,BI~ET~' ENTERPRIS~:S,LYL~ E. INC. Bremer=on, WA 98310 ~SEB~ING, DON 525 Lebo Blvd. 9A-3 Sremerton, WA 98310 Lots 19 and 20, Block 17, Plat of Tow~ of Br~merton, recorded in Volume 2 of Plats, at Page 30, records of Kitsap County Washington; Situate in Kitsap County, Washington Attorney at Law ~.O<A,£~ 510 Washington Ave., Suite 300 Bremerton, WA 98310 LYLE E. BIRK~TT · -- ' Ind. ,,---'q~ Notice of Federal Tax Lien Under Internal Revenue Laws ~fiF~'t~T~~' ~h 9~:~ STATE OF WASHINGTON, THIS INDENTURE Made th'~s._._'[~.h ...... day of ....... M. UJ2~ ........... A. D. 19~. ~b/t~veen ---~hqrP~_~_~q~ ............ j ..... as Treasurer o[._~p ................. ~C~ State of Washington, party of the ~rst ~rt, and .............. ~ ..................... _~ .............. Dove Trust 1;2~ a trust in formation .............. iiliiiiliiliiiiiiiiii iiiliiiiiiliiiiiiiiiiiiiiiiiill ............. .............. ~ ...... 7~ ............................. part_~so[ th~ ;~co~ ~art: WITNESSETH, That, whereas, at a ~ublic sate of real ~o~erty heed on the___3_~ ........ day o/ ...... J~V .............. A. D. 19_ag_. ~trsuant to a real ;ropertv taz'iud~i,~ e~t~r~d in the Supz~or Court in the County of .......... ~%0~ .......... on the-_-_l~h ..... day ..... ~ .............. A. D. 19_~_, in proceedings to foreclose tag liens upon re~ property and an order of sate duty ~ed by said Court ......................................... 2 .................... ~Y~- - ~ ~z_ _~ ~_ _o. zx~x _ ~r~ _~vx~_~O~ ....... d~y ~rchased in complines with the laws o/ tbs Start of Washington, the following d~bed .......................... KITSAP COUNTY L~GAL DESCRIPTION, .......... a~ tha~ said .................. ~ -T~ ~-2t2~- -a -~Am ~o~a~am ........... c ............ ..................................................... hag~.__ a~lied with the ~ws of the NOW, Therefor~, knmo ye, that 1, .8~g~.S~a~r .......... 2__._~ ....... County Trea~r~r o/ said County o[__K~ag ............. , State o/ W~hiagton, :in ~o~iderhtioa t~e yr~es and by virtu~ of the statute~ o/ the State of Washington, in ~ueh cases do hereby grant and conyey unto .... ~w~..Tr~t_3~._~_~.~_K~a~a~_..~r- me to be the Tre~e~ o~ ..... ~ ......... Count~, W~hi~gon, · .FILEO F~ ~ECORD 89 JUL 18 " ~[[505FR 772 8907180197 EXCISE TAX EXEMPT ~:0'I 0 9. ~ KITSAP cOUNTY TRSASURER ~ereas, ~e ti~e of l~d herei~fter d~i~d was v~tedin Lyle Birkett, 27,1985 ~d J~e 24, 1985, on ~i~ ~tes wi~hold~ng ~d FICA ~XeS ~re a~ss~ a~inst Lyle Blrkett, d~ Kt~ap ~i~nt -- giv~g r~e to a li~ in favor of ~e ~ited S~tes u~n su~ l~d un~r s~tion 6321, ~tle 26, ~ited States Co~, a]-~ ~ereas ~id pro~rty was sold at a 7, 1989, ~rsu~t to the ~vis~ C~ of ~sh~on s~t 84.64.080, ~d, ~er~s said pro~rty w~ ~r~as~ at said sale on July 1989 by ~e '~t ~2 ~d a ~x d~d ~s issu~ ~rsu~t said sale in ~]e ~ty of ~ap, S~te of ~shin~on, ~%% ~ere~ a delegate of ~e ~cretary of ~*e ~e~ury re~e~d ~ said ~o~rty ~rsu~t ~ se~ion 7425(d), ~tle 26, ~ited S~tes ~, by ~ying to ~e Trot %2 the ~1 sum of ~ , ~17,355.17 ~1 ~v~er i, 1989, and, i~, T~E~E, ~ RIG~, T~LE, ~ ~T OF ~e Trust ~2 a~uir~ by th~ at the ~ap ~ty ~x JuSt ~le on July 7, 1989, is her~y tr~ferr~ ~ ~e ~I~ S~ of ~I~ by vitae of i~ e~rcise of i~ ri~t of r~ion ~rsu~t ~ ~ction 7425(d), ~tle 26, ~it~ S~tes ~, in that r~l pro~rty situated in ~e ~ty of ~ap, State of %~sh~gton, ~d d~i~d as foll~s: ~ts 19 ~d 20, Bi~ 17, ~ of Br~r~n ~r plat reared in vol~e 2 of p~, Page 30, re~r~ of ~tsap ~ty, State of ~sh~on Page 1 8'9 I 1020'12'=) l~E[[,517[11029 ' IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS day of ~7~,~Fft_ , 1989. Chief, Special Procedures function Internal Revenue Service SUBSCRIBED AND SWORN TO BEFORE MS THIS ~'~ .day of ~ ,1989. Washington residing at 020129 R[[LS17rRl030 · FILED 9OHA~-I 9003010112 ID LEASE ' ,; J~r THIS LEASE, dated aa of the ~B~a by and between ~E; BI~, a~;~n (~ ~"~isor") and Bl~ ENTE~RXS~; l~., ~'(hereina~ter called "~8see"). aWalhingt~ WX~ESSETII: . 1. P~MISES. Lessor hereby lea~es to Lessee and Lessee here~y leases fron Lessor, u~n the te~s and conditions herein forth that certain rea1 property together with building thereon and o~her appurtenances co,only kn~n as 507 Park Avenue, ar~y described as ~ ~s 19 and 20, Block 17, T~n of ~ per p~t recorded in Vol~e 2 of Plats, page ~ 30, records of Kitsap County, Washington. restaurant and lounge business and such other business as is incidental an~ rela~ed thereto. Lessee shall not allow use of the praises for any i~ega~ or unlawfu~ purpose. Lessee shall c~ply with all gover~ment~l rules, orders, regulations an~ require~nts relating to the use a~d occupancy of the premises. 3.~TE~= Th~s lease s~all be for a ~s, co~enc~ng o, t~e ~ day of ~, 19~ ending on the ~]j~ day of ~ , 19~ , inclusions. In the event th~c~Lessee h~ ~'o~l~ed wl~h all of the ~ms and conditions of thls~lease, Lessee shall have the option to renew this lease for successiv~ ~e~s of 5 years. Any such renewals shall be upon the sam~ terms and conditions aa contained herein, ex~e~t rent w~ich shall be renegotiated between the parties and established prior to the teminatiOn of the preceding lease rem. In the event the parties cannot agree upoe a rental amount ~or the renewed lease tu=a the iaauu ~hall [;u au~fl/ttod to binding arbitration through the ~erican Arbitration Assoaiation. Lessee shall provide written notice to ~ssor of its intent to ren~ this lease at least ninety (90) days prior to the teTmi~ation of this lease te~ or any renew~ lease terms, as the case may be. 4. R~AL: Lessee,agrees to pay Lessor, at Lessor~s tme to tme designate, rental in the ~o~t of $3,200.00 per month, payable in advance, on the first day of each succeeding month d~ing the tem o~ this leone and any r~n~wals hereof. 5. QUIET ENJOYMEI~= Lessor covenants and agrees that ~ssee, upon performance of ail Less~'s obligations under this lease, s~ll lawfully and quietly hold, occu~ and e~joy the during the te~ of this lease without disturbance by Lessor or by any person claiming under ~ssor, subject to the other te~s and provisions of this lease a~d subject to any ~ortgages and =her ~deriying matters oi record to ~htch thi~ lease la or ~y bec~ s~ject to or subordinate. 6. ACCEPTANCE OF PR~ISES~ The"~aking of ~ssession o~ the Praises were then in g~ and tenant~le%c~ition. 7. UITILITIES AND~R C~ES= ~ssee e~ll pay all charges and assessors for utilities inclu~,,,~t not l~ted to, 8006030076 8. Z~ItlTE~A~ICE EY LESSOR: Lessor shall maintain in good c~n~itlon the ~tru,:tura! ~nd exterior components of the building. equipment installed by Lessee and Lessor shall not be obligated to make any ru~air or replacement occasioned by any act or omission of L~ssee, its employees, agents, invitees or licensees. 9. ALTERATIONS, REPAIRS AND M~INTENANCE BY LESSE~: Lessee shall make no c~anges, img~ovements or alterations to the Premises without the prior consent of Lessor. All such changes, improvements and alterations and repairs, if any made by Lessee, shall be et Lessee's sole cost and expense and the same shall remain on the Premises and shall become the property of the Lessor upon the expira- tion or sooner termination of the lease. Lessee shall keep the premises in a neat, clean and sanitary condition, and shall keep the Premises and all items therein installed by Lessee in good condition, except for reasonable wear and tear and damage caused other than by any act or omission by Lessee, its employees, agents, invitees and licensees. It is further understood and agreed that Lessee shall maintain the toilet and restroom facilities in good and working condition. 10. TAXES: Lessee shall pay Lessor any increase in the reel property taxes' assessed on the buildings and real property subject to the terms of this lease which are over and above the taxes thereon for the year 1979. Lessee shall pay before delinquency all taxes assessed against Lessee*s furniture, fixtures, equipment and other property iht he premises. Lessee shall pay to ~essor, any tax upon general income tax) payable b~ Lessor because of or measured by 11. LESSOR*S ACCESS TO PREMIS~: Lessor may inspect the premises at all reasonable times and enter the same for the purpose of clashing, repairing, altering, improving or exhibiting the Premises or the building, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work. 12. INSURANCE: Lessee shall, at Lessee~s expense, maintain public lisbll~operty damage insurance insuring against any and all claims for injury to or death of persons and loss or damage to shall have l£ability limits of not less than $100,000.00 in respect to injury Or death to any one person, not less than $300,000.00 in respect of property damage. All ~uch insurance shall name Lessor and All such ~nsurance shall be issued by carriers acceptable to Lessor and shall contain a prov~sion whereby the carrier agrees not to caeca! or modify the insurance without twenty (20) days prior written notice to Lessor. Lessee sha~l furnish Lessor with a certificate evidenoing the aforesaid insurance coverage, together with any and all renewal certi- ficates at least thirty (30) days prior to the expiration date of each ~olicy. 13. ASSIGNMENT AND SUBLETTING: Neither this lease nor any right hereunde~ may ~e assigned, t~ansferred, encumbere~ or sublet in wkole or in part by Lessee, by operation of law or otherwise, without Lessor~s prior consent. 14. D~4AGE OR DESTRUCTION~ If the Premises or the building are damaged or destroyed by fire or any cause other than any act or omission of Lessee, its employees, agents, invitees or licensees, ~essor sbailrestore the ~r~ises and the buildSng except for such fixtures, improvement, and alteration as are installed by Lessee, as nearly as practicable to their cond~tion /msediateZy prior tO. such damaqe or destruction. ~4asee, at I~eeee~s expense, shall so 8OO6OSOOT8 restore all such fixtures, improvements and alterations installed by Lessee. Lessor, at Lessee's expense, shall so restore the Premises and the buildln~ with r~p~ct to all dama~ caused by any act or omission of Lessee, its employees, agents, invitees or licensees, and Lessee agrees to reimburse Lessor upon demand for all sums expended from time to time for such restoration. The obligations to restore provided in this paragraph aha11 be subject to Leasor~s termination rights provided below. Any restoration shall be promptly commenced and diligently prosecuted. Lessor shall not be liable for any consequential damages by reason of any such damage or destruction. Notwithstanding any of the foregoing provisions of this Section, in the event the Premises or the building shall be destroyed or d~maged to such an extent that Lessor deems that it is not economically feasible to restore the same, then Lessor may terminate this lease es of the date of the damage or destruction by giving Lessee notice to that effect. If Lessor undertakes to restore the Premises and the building as provided above in this Section, then commencing with the date of the damage or destruction and continuing through the period of restora- tion, the rent for the premises s~all be abated for such period in the same proporation as the untenantable portion of the Premises bears to the whole thereof, except that there shall be no abatement to the extent that any such damage or destruction is caused by any act or omission of Lessee, its employees, agents, invitees or licensees. 15. L~ENS: Lessee shall not suffer or permit any lien to be filed against the building or any part thereof or the Leeaee's leasehold interest, by reason of work, labor, services or materials performed or supplied to Lessee or anyone holding the Premises or any part thereof under Lessee. If any such lien is filed against the building or Lessee's leasehold interest, Lessee shall cause the same to be discharged of record within thirty days after the date of filing the same. 16. INDEMNITY BY LESSEE: Lessee agrees that Lessor shall not be liable for any claims for death of or injury to pureon, damages to or destruction of property sustained by Lessee or by any other person in the Premises, including without limiting the generality of the foregoing, any claims caused by or arising from the condition or maintenance of any part of the Premises of tho building, unless such damage is caused by the sole negligence of Lessor. Lessee hereby waives all claims therefor and agrees to indemnify Lessor against any such loss, damage or liability or any expenses incurred hy Lessor in corunection therewith. 17. DEFAULT; R~dEDIES: The occurrence of any of the following events shall be deemed a breach of this lease, namelyt ifLessee shall make an assignment for the benefit of creditors or shall file a voluntary petition under any bankruptcy act or under any other law for the relief of debtors; or if an involuntary petition is filed against Lessee under any such law and is not dismissed within sixty (60) days after filtng~ Or if a receiver be a~pointed for the property of Lessem and is not discharged or removed within sixty (60) deys~ or if any department of any · goverm~ent or any officer thereof shall take possession of the business or property of Lessee; or if the Lessee is adjudicated a bankrupt. Upon any such occurrence Lessor, at its option, may terminate this lease by notice to Lessee and upon such termination Lessee shall quit end surrender the Praises to Lessor, but Lessee shall remain liable as hereinafter provided. If Lessee shall default in performance of any of Lesseets obligations under this lease oF shall violate any tex~ or provision of this lease, or if tho Premises shill b~ lift vacant or unoccupied 8006030078 25, 1C52 for a period of ton days, Lessor may, upon giving Lessee any notice required by law, terminate this lease and upon such termiantion Lessee shall quit and surrender the Premises to Lessor, but the Lessee shall remain liable as hereinafter provided. If this lease shall be terminated as herein provided, Lessor may immediately or at any time thereafter reenter the Pre, lees and remove any and all persons and property therefrom, by any suitable proceeding at law or otherwise, without liability therefort and reenter the Premises, without such reentry diminishing Leseee's obligation to pay rental for the full term hereof, and Lessee agrees to pay Lessor any deficiency arising from reentry and reletting of the Premises at a lesser rental than provided herein. Lessee shall apply the proceeds of any reletttng first to the payment of' such reasonable expenses as Lessor may have incurred in recovering sion of the Premises, and removing persons and property thereform, an~ in putting the same into good order or condition or preparing or altering the same for reletting, and all other expense incurred by Lessor for reletting the Premises~ and then to Lessee's obligation to pay rental. Any such reletting may be for the remainder of the term of this lease or for a longer or shorter period. In any such case and whether or not the Premises, or any part thereof, be relet, Lessee shall pay to Lessor the rent and all charges required to be paid by Lessee up to the time of such termination of this lease, and thereafter, Lessee agrees to pay thc equivalent of the amount of all rent reserved herein and all other charges required to be paid by Lessee, less the net proceeds of reletting, if any, and the same shall be due and payable by Lessee monthly as. the amount thereof is ascertained by Lessor, and Lessor may bring an action therefor as such monthly deficiencies arise. In any of the circomstances herein- above mentioned, Lessor, shall have the option, instead of holding Lessee liable for the amount of all the rent and all other charges required to be paid by Lessee 1ese the net proceeds of reletting, if any, forthwith to recover from Lessee an aggregate sum representing, at the time of such termination of this lease, the then present worth of the excess, if any, of the aggregate of the rent and all other charges payable by Lessee hereunder that would have accrued until the end of the lease term over the aggregate rental value of the Promises d~ring such term. 18. T~ADE FIXTURES: Lessee may install on the Premises such equipment-~-is customarily used in th~ type of business con- ducted by Lessee on the Premises. Upon the expiration or sooner termination of this lease, Lessee shall, at Lessee's expense, remove from the Premises all such equpment and all other property of Lessee and repair any damage to the Premises occasioned by the removal thereof. Any property left in the Premises after the expiration or sooner termination of this lease shall be deemed to have been abandoned by Lessee and become the property of Lessor to dispose of as Lessor deems expedient without accounting to Lessee therefor. 19. CONDEMNATION: If all of the Premises is taken by any p~blic authori~ under the ~er of eminent domain, this lease shall terminate as of the date possession is taken by said public authority pursuant to such condemnation. If any part of the Premises is so taken and, in the opinion of either Lessor or Lessee, it is not economically feasible to continue this lease in effect, either party may terzainata this lease. If any part of the building is es taken and, in the opinion of Lessor, it is not economically feasible to continue th~e lease in effect, Lessor may term/nato this lease. Such termination by either party shall be made by notice to the other given not later them thirty (30) days after possession is so taken, the termination to be effective al of the later of thirty (30) days after said notice or the date possession 8006030076 If part of the Premises or part of the building is so taken, and neither Lessor nor Lessee elects to terminate this lease, or until termination is effective, as the case may be, the rental shall be abated in the same proportion as the portion of the Premises es taken hears to the whole of the Premisee, and Lessor shall make such of the Premises tenantable. Ail damages awarded for the taking or damaging of all or any par~ of the building or the Premises shall belong to and be the property of Lessor, and Lessee hereby assigns to Lessor an~ and all claims to such award, but nothing herein contained shall be construed such public authority for disruption or relocation of Leasee'e business on the Premises. 20. NOTICES: All notices, demands and requests to be given by either party to the other shall be in writing. All notices demands and requests by Lessor to Lessee shall be sent by United States registered or certified mail, postage prepaid, addressed to Lessee at or at such other place as Lessee may from time to time designate by notice to Lessor. All notices, demands, and requests, by Lessee to the Lessor shall be sent by United States registered or certified mail, postage prepaid, addressed to Lessor at , or at such other place as Lessor may from time to time designate by notice to Lessee. Notice, demands, and requests served upon Lessor or Lessee ss provided in this Seotion in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder at the time such notice, demand, or request shall be so mailed in any post office in Bremerton, Washington. 21. PERFORMANCE OF COVENA}~: If Lessee shall fail to make any payment or perform any of Lessee's obligations under this lease, Lessor may, without notice to or demand upon Lessee and without waiving or releasing Lessee from any obligations of Lessee under this lease, pay or perform the same in such manner and to such extent as Lessor deems desireable. All sums so paid by Lessor and all necessary costs and expenses in connection with the performance of any such obligation by Lessor, together with interest thereon at the rate of 12% per annum, compounded monthly, from the date of the making of such expenditure by Lessor, shall be deemed additional rent hereunder and shall be payable to Lessor on demand. 22. FOR RENT SIGNS; SHOWING PREMISES~ Lessor may place for rent or for sale' signs o~ the exterior of the Premises and may enter the Premises for the purpose of showing the Premises or the building to prospective tenants, purchasers and lenders. 23. SURRENDER OF PREMISES: Subject to Lessor's obligations contained herei'~, Lessee, at the expiration or sooner termination of this lease, shall quit and surrender the Premises in good, neat, clean and sanitary condition, except for reasonable wear and tear and .daz~age not caused by any act or omission by Lessee, its employees, agents, invitees or licensees. 24. HOLDOVER: If Lessee lawfully holds over after the expiration of the term of this la&se, such tenancy shall be a ~onth to month tenancy. During such tenancy Lessee agrees to pay LellOr the same rate of rental aa provided herein, and to be bound by all of the terms, covenants and conditione herein ep~ified. 8006030078 -s- I}L]t20,3 ll654 . 25. FORCE MAJEURE= Lesaor~s failure to perform any of its obligations under this Ieee shall be excused if due to causes beyond the control and without the fault or negligence of Lessor, including but not restricted to acts of God, acts of the public enemy, acts of any government, fires, floods, epidemics and strikes. 26. Miscellaneous: (a) NON-WAIVER. No failure of Lessor to insist upon the strict performance Of any provision of this lease shall be con- strued as depriving Lessor of the right to insist on strict performance of such provision or any other provision in the future. No waiver by Lessor of any provision Of this lease shall be deemed to have been made unless expressed in ~iting and signed by Lessor. Nc acceptance of rent or of any other payment to Lessor from Lessee after any default by Lessee aha11 constitute a waiver of any such default or any other default. Consent by Lessor in any one instance shall not dispense with necessity of consent by Lessor in any other instance. (b) ATTORNEY'S FEES. If an action be co~aenced to enforce any of the provisions of this lease, the prevailing party shall, in addition to its other re~ediea, be entitled to recover its reasonable attorney's fees. (c) CAPTIONS AND CONSTRUCTION. The captions in this lease are for the convenience of the reader and are not to be con- sidered in the interpretation of its terms. (d} PARTIAL I~ALIDITY. If any terms or provision of this lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this lease, or the application of such term or provision to person or circumstances other than those as to which it is invalid or unen- forceable, shall not be affected thereby, and each term and provision of this lease shall be valid and be enforced as written to the fullest extent permitted by law. (e) GOVERNING LAW. This lease shall be governed by the law of the State of Washington. (f) ENTIRE AGREEMENT. This doom~ent contains the entire and integrated agreement of the parties and may not be modified except in writing signed and acknowledged by both parties. (g) LESSOR'S CONSENT. Except in the case of assign- ment Or subletting, Lessor ~hall not unreasonably withhold its consent where such consent is expressly provided by both parties. (h) I[tT£RP~ETATIOtl. This lease has becn submitted to the scrutiny of all parties hereto and their counsel if desired, and shall be given a fair and reasonable interpretation in accordance with the words hereof, without consideration or weight being given to its having been drafted by any party hereto or its counsel. (i) REMEDIES CUMULATIVE. The specified remedies to which Lessor may resort under the terms of this lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Lessor may lawfully be entitled in case of any breach or threatend breach by Lessee of any provision of this lease. In addition to the other remedies in this leeem provided, Lessor shall bo entitled to the restraint by intunction of the violation, or attempted or threetene~violation, of any of the covenants, conditions, or provisions of this "80050 007 20. t (j) MUMEER= GENER= PERMISSIVE VERSUS MANDATORY USAGE~ ~ere the context permits, references to the singular shall include the plural and vice versa, and to the neuter gender shall include the feminine and masculine. Use of the word "may" shall denote an option or privilege and shall impose no obligation upon the party which may exercise such option or privilege! use of the word "aha11" shall denote a duty or an obligation. (k) COMMISSIONS. The parties warrant and represent to each ether that no broker's commission is payable as a result of this lease. (1) LEASE YEAR. As used herein, the term "lease year" shall mean a 12-month period c~m~enoing on the date the term of this lease c--ences and each 12-month period comueneing on sash anniversary thereof. (m) TINE. Time is of the essence to this lease. (n) CONFLICT OF PROVISIONS. In case of conflict, the more specific provision of this lease shall control. (o) BINDING EFFECT. This agreement shall be binding upon the parties hereto and upon their respective executors, edminie~ratora, leqa! representatives, successors and assigns. IN WIT~;ESS ~£PF. OF the parties have caused this agreement to be executed the day and year first above written. LYLE ~'~IP~ETT ' - -- LESSEE: BXRKETT ENTERPRISES, INC. __ L~'~/~. E. BIRF, ET~, ~residen~ DO~; C. ~EBF, RLINC,~ Secre~r~ STATE OF WASHINGTON ) COUNTY OF KITSAP On this day personally appeared before me LYLE E. BIP~...to..~i me known to be the individuals described in and who executed."~h~. going instrument, and acknowledged that they signed the sam~'a's ~:~o~.' free and voluntary act and deed for the uses and purposes:'~%h~,?~.- ~,~F ~IV~ und.r my hand and off to,at s.al this ~ any'*o~, ". (' .. 1980. -:~ ']( ' ' / ~shington, residing at Br~erton. STATE OF WASHINGTON On this day personally a~ared before me LY~ E. BI~ and ~N C. H~E~ING, to be kn~ to be the president ~ masterly, respeo- tively, of BIRK~ ~RISES, INC., the Co:~rmtion that exacted the foregoing instr~nt, a~ ac~ledg~ t~t ~ey 81~d the sm free and voluntary ac~ and de~ for the uses and p~sem ~goln men- 80060300 6 t£oned and that they are authorized ~:o execute the same. ///~/2~J~ GIVEN under, 1980.mY hand and official seal this ~7 day of 80060300?8 I{[J. 2 OC~'l (;.57