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HomeMy WebLinkAbout9408010198 KITSAP COUNTY $8.0D CHCK FILED-BY: BRE~ERTON CITY OF ~ t, t994, t:51 I~ Filed for Record at Request of: ,(AREN. FLYNN, AUDITOR ,LERK. MILLER When Recorded Return to: ~EEL D818 ER 12~8 Name Bremerton City Clerk Address 239 Fourth Street Bremerton, Washinqton 98310 STATUTORY WARRANTY DEED (For Use in the State of Washington Only) THE GRANTORS, ROBERT A. COX and DALENE G. COX, husband and wife, for and in consideration of good and valuable consideration, convey and warrant to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: Lots 6 and 7, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. DATED this ~ ~ day of ~--~3~-~ , 1994. TRANSACTION EXCISE TAX . AU6 PA)D ~0~ A. CO~ C~ TR~UR~ .3 STATE OF WASHINGTON) COUNTY OF KITSAP ) On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT A. COX and DALENE G. COX, husband and wife, to me known to be the individuals described in and who STATUTORY W~NTY DEED -1- C0X.S~ - Rea[ Estate - 7/11/94 executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN~under hand seal ,~--/y my and official this /~ day of , 1994 . · .~ '~ Notary Public ~n and for the State of '7-, /~. ~,~a~ , residing at ~'~/~. ~ NOTARY ~;,, . . ~ . ,, ~-, · My appointment expires: /~/~ ~ . PU~L;C ~ '~,!~..' ~. F. #: ~-080J. 05~8 REEL 08'1.8 FR :1.27~' STATUTORY WARRANTY DEED -2- COX.SWO - Rea[ Estate - 7/11/94 REAL ESTATE PURCHASE AND SALE AGREEMENT Improved Property THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREMERTON, a Washington municipal corporation, (hereinafter called "Purchaser") hereby agrees to purchase and the undersigned Sellers hereby agree to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly known as 1613 OYSTER BAY AVENUE S.~ BREMERTON~ WA 98312 , and legally described as follows: (SEE ATTACHED- EXHIBIT "A") 1. PURCHASE PRICE: The total purchase price is ~!INETY-SEVEN THOUSAND, FIVE HUNDPED Dollars ($ 97~500.00 ). 2. CONDITION OF TITLE: The title is to be free of all encumbrances or defects except: Rights reserved in federal patents or state deeds, building or use restrictions general to the area, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Sellers may be paid out of purchase money at date of closing. 3. TITLE INSLrRANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser's Policy of Title Insurance in the amount of the purchase price. Sellers authorize the closing agent to apply as soon as practical for such title insurance, and as soon as reasonably possible, Purchaser shall be furnished a preliminary commitment therefor issued by Land Title Company. (The Sellers shall assume any cancellation fee of such commitment or policy.) The title policy to be issued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 1 above. If title is not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall REAL ESTATE PURCHASE AND SALE AGREEMENT --1-- REPSA2.AGT - Agreement Forms - 5/9/94 terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. The closing agent shall not be responsible for delivery of title. 4. DEFAULT: If either party defaults (that is, fails to perform the acts required of that party) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of closing. Purchaser shall pay for remaining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: Sellers shall deliver possession' to Purchaser on closing, or N~U,~d day, after closing. Sellers agree to pay Purchaser the sum /~,bf $. ~ for each day of possession beyond date of closing. ~Poss~ssion ~all be deemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing agent. , Said payment shall be the sole responsibility of S~llers. 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present condition on the terms noted. Sellers hereby warrant that to the best of their knowledge the premises described herein and the improvements thereon do not violate the applicable building or zoning regulations and that they are unaware of any material defect in the premises or improvements thereon with the exception of the following, to-wit: 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Sellers on or before Twelve o'clock midnight on 9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES: The sale shall be closed in the office of the Bremerton city Attorney within 15 days after preliminary commitment for title policy is delivered showing title insurable, as above provided, but in any event not later than the __ day of 19 , upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City Attorney all instruments, documents and monies necessary to REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 5/9/94 complete the sale in accordance with this agreement. 10. CLOSING COSTS AND PRORATIONS: The Sellers agree to pay for the costs of clearing the Sellers' title to the sale property, including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the sale property. 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 respective Sellers. 11. DATE OF CLOSING: For purposes of this agreement, "date of closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Sellers. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Sellers. 12. RISK OF LOSS: If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement at option of Purchaser shall become null and void. If Purchaser elects to continue, all insurance proceeds, if any, shall be payable to Purchaser. 13. PERSONAL PROPERTY: All attached floor coverings, attached television antenna, window screens, screen doors, storm windows, storm doors, plumbing and lighting fixtures (except floor, standing, and swag lamps), shades and venetian blinds, curtain rods, attached bathroom fixtures, trees, plants, shrubbery, water heating apparatus and fixtures, awnings, ventilating, cooling and heating systems including built in and "drop in" ranges (but exceeding all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. 14. ATTORNEYS' FEES: If either party hereto is required to retain an attorney to bring suit or seek arbitration to enforce any provisions of this agreement, said party shall be entitled to reasonable attorneys' fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 15. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement. All subsequent modifications or waivers REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSAZ.AGT - Agre~ent Forms - 5/9/9~ of any condition of this agreement shall be in writing and signed by the appropriate parties. CITY OF BREME~ Date LYN{g HORTON, Mayor PURCHASER ATTEST: KATHLEEN ~ McCLUSKEY, Clerk DEP~TM~Z~A~ APPROVAL: EDDY C~U, 'D'~ector of Public Works & Utilities IAN R. S~EVERS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98310 Purchaser's Phone: (206) 478-5290 On this date ~--JoJ~ ~ , we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. We further acknowledge receipt of a true copy of this agreement signed by both parties. Sellers' Address: 1615 Seller's Phone: ~dJ6 -~3- REAL ESTATE P~CHASE AND SALE AGREEMENT -4- A true copy of the fore~oing agreement signed by Sellers is hereby received on ~ 7 ~__~~~ IAN R. silVERS Bremerton City Attorney\ Agent for Purchaser REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreemen~ Forms - 5/9/94 ~Please direct correspondence to: Transamerica No. : 159481 Customer No. : 119803K (Cox) 9619 Levin Road Northwest Seller : Silverdale, Washington 98383 Bu~/BoTrower : COX D~NNA SVARTBU~LE or SUZIE BANE CONTINENTAL SAVINGS BANK INC TITLE OFFICERS, or 10408 SILVERDALE WAY NW STE A SHIRLEY TAYLOR, TITLE ASSISTANT SILVERDALE WA 98383 For Service on this Order Call: (206) 692-4556 Fax (206) 698-2356 SCHEDULE A Effective Date: September 24, 1992 at 8:00 a.m. 1. Policy or Policies to be issued: Amount ~ ALTA Loan Policy (6-1-87) $81,000.00 Premium $225.00 ALTA Loan Policy-1970 Reorganization Rate Tax 17.55 (Amended 10-17-70) Total $242.55 (Extended X) Proposed Insured: CONTINENTAL SAVINGS BANK, Inc.,'its successors and/or assigns 2. Title to fee simple estate or interest in said land is at the effective date hereof vested in: ROBERT A. COX and DARLENE G. COX, husband and wife 3. The land referred to in this Commitment is situated in the County of Kitsap, State of Washington and described as follows: Lots 6 and 7, Block 1, Ole Hanson's Navy Yard Addition according to the plat recorded in Volume 4 of Plats, page 56, records of Kitap County; Situate in Kitsap County, Washington. (continued) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 48 0025 106 00379 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to ~he estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability ofthetitle; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expanses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Wimess Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to he signed and sealed as of Date of Policy shown in Schedule A, ~e policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: OF KITSAP COUNTY, INC. 400 Warren Avenue Bremerton, Washington 98310 (206) 377- 0133 By: PL~SE ~YP~ Og PPa~r REAL ESTATE EXCISE TAX AFFIDAVIT This formlsyoarrecuipt whonmmped PLEASE SEE REVERff~ by cashier. Form No. 84 000lA CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use st Cou..n[y Treasurer's Office (U~e Form No, $4-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to foe Depai~ment of Revenue) THIS AFFIDAVIT WILL NOT BE ACCt~'I'I~D UNLESS ALL AREAS 1--7 ARE FULLY COMPLETED ~.[] Name ROBERT A. COX mm[] Name CITV OF BRE~ERTO~'! a~ ..BALENE a. COX .... - Street 1613 Oyst~l.' Bay Avenue South Street 239 Fourth Street I mB.I ~remer ton WA. Zip ' C ty ~ State Zip I ' [City_ ~_Sta~ 0~312 ~r~rton ALL TAX PARCEL NUMBERS Name Street ~re~nerton, ~ash,n~on 083",7 City/State Zip ~:. !~1 LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY [~'OR 1N crrY OF 1613 Oyster l~ay ^vcmue 8outh, Ill Brem~rton Street Address (if property is improved): Lots 6 ~nd 7, Bl~ek 1, Ole Itanson's ~laxry Vsrd ~ Addition. accordtnl~ to ~he plat thereo~, recorded ~n Volume 4 o~ Plats, a~e 56, records o~ ~ttsap County ils this property currently: YES NO [] Description of tangible personal properly if included in sale (furniture, Classified or designated as forest land? [] [~ appliances, 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 as a nonprofit [] [] If exemption claimed, list WAC number and explanation. organization? Chapter 84.36 RCW Seller's Exempt Peg, No. -- WAC No. (Sec/Sub) Receiving apueial valuation as historic [] ~ Explanation property under?. Chapter 84.25 RCW Pm2~erty Type: [] land only [] land with new building [J'land with previously used building [] land with mobile home Type of Document Statutory Warranty Be.d [] timberonly [] building only July 1~, 199.t: Principal Use: [] Apt. (4 + unit) ~ residential Date of Document o 7,500.0~ [] timber [] agricultural [] commercial/industrial Gmss Sale Price $ [] other Personal Property (deduct) $ ~7~ 51~?,. ](1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Taxable Sale Price $ Excise Tax State $ 1,73.5. If the new owner(s) of land that is classified or designated as current use · or forest land wish to continue the classification or designation of such Local $ --0~ land, the new owuer(s) must sign below, lfthe new owuer(s) do not desire Delinquent Interest: State $ to continue such classification or designation, all compensating or additional Local $ tax calculated pursuant to RCW 8433.120 and 140 or RCW 84,34,108 shall bedueandpayablcbyd~scllarortramferoratthetimeofsale. Thccuunty Delinquent Penalty: State i $ t / asscssur must determine if thc land transferred qualifies to continue Total Due classification or designation and must ~o indicate below. Signatures do mERE IS A $21}0 FEE FOR PROCF~S1NG THIS FORM IF NO TAX IS DUE not necessarily mean the land will remain in classification or designation. If it no longer quelifies, it will be removed and the compensating taxes [] AFFIDAVIT will be applied. All new owners must sign. ,I certify ander penalty of perjury under the laws of the This land [] does [] does not qualify for continuance, washington that the foregoing J~ trne and correct, Date Signamre of DEPUTY ASSESSOR Grantor/Agent 'i II,BERT A. (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) If.fl}e new owuer(s) ofpro~.ny with special valuation as historic property lul v ! ¢ ~ 19 ~ 4 w~sh tucuntinuethis spncml valuation the new owner(s) must signbelow. Date & Place of Signing 5r::~::rton, If the new owoer(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chap~r 84.26 RCW, shall be due Signature of and payable by rite seller or transferor at the time of sale. Grantee/Agent · (3) OWNeR(g) SIGNATURe Name (print) Jaly 19, lq:;4 Date & Place of Signing : -- Pt~iiJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional instimtiou for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (lC)). FOR TREASURER'S USE ONLY FORM REV 84 000lA (12-93) (PD 12-17-93) ORIGINAL SELLERS' CLOSING STATEMENT SELLERS: ROBERT A. COX and DALENE G. COX PURCHASER= CITY OF BREMERTON LEGAL DESCRIPTION: Lots 6 and 7, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $97,500.00 Less Mortgage Payoff Balance to Continental Mortgage Company (See Exhibit "A" attached) (74,691.25) Cash payment payable to Sellers at Closing $22,808.75 REDUCED BY Sellers' Closing Costs: Title Insurance Premium (Land Title Insurance Company) $ 382.67 Second 1/2 Kitsap County Property Taxes ($650.73 + 184 days (Jul. 1 through Dec. 31) = $3.54 per day x 19 days (Jul. 1 through Jul. 19) (Kitsap County Treasurer) 67.26 1% Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 1,735.50 Reconveyance Fee for reconveyance of Deed of Trust dated 12/1/92 held by Continental Mortgage Company (Transamerica Title Insurance Company, Trustee) 42.00 Rental fee for occupancy of premises from 7/19/94 through 8/19/94 812.00 Total Sellers' Closing Costs $3,039.43 (3,039.43) SELLER'S CLOSING STATEMENT -1- COX.SCS - REAL ESTATE - 7/14/94 TOTAL CASH PROCEEDS PAYABLE TO SELLERS AT CLOSING $19,769.32 NOTE: It is 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. ACCEPTED AND APPROVED this /~day of~(~(J~ , 1994. ROBERT A. DAI,EN~ S. ~COX SELLER'S CLOSING STATEMENT -2- COX.SCS - REAL ESTATE - 7/14/94 mt- Continen~:~! PAYOFF STATEMENT ~._~ Mortgage Company ~uly ~1 , ~994 Seattle, WA 98101-2326  Phone 2061623-4616 Ian R.Sievers, Atty. EXHIB NO." . ,, Jackie Cronk 239 4th St. Bremerton, WA 98310 RE: Loan No. 119803 Loan Type: VA Investor No: 660 Robert A Cox Dalene G Cox Property Address: 1613 Oystr Bay Ay S 1613 Oystr Bay Ay S Bremerton WA 98312 Bremerton WA 98312 All payoffs received after 2:00 p.m. on August 01, 1994 will be charged interest to the followin9 business day. Interest will accrue until the payoff is posted. The followin9 amounts are required to pay this loan in full on August 01, 1994: The current total unpaid Principal Balance is: $ 74,416.01 Interest is paid to 07-01-94. Interest to 08-01-94 (@ $ 15.24 per diem) At 7.5OO00% ~r~g ~q~. * * * * ~OT~ ~O~T TO ~AY LO~ [N ~ULL * * * * Payoffs must be delivered to: CONTINENT~ MORTGAGE COMP~ 2000 Two Union S~aare 601 Union St. - 18~h Floor/Payoff Dept. Seattle, WA 98101-2326 Fibres must be confirmed prior to disbursement. Please contact us at one of the nu~ers listed above for verbal confirmation. Escrow refunds, if applicable will be refunded within 30 days of payoff. Pa~ents continue to be due pendin9 payoff of this loan. Late charges of $ 29.40 will be assessed if the pa~ent is not received 15 days after the due date. Please collect and retain any filin9 fees. Documents will be fo~arded to you for reconveyance or satisfaction. If the property has been sold, please provide us with the seller's fo~ardin9 address. All fibres are subject to clearance of funds in transit. Payoff Department ORIGINAL PURCHASER'S CLOSING STATEMENT SELLERS= ROBERT A. COX and DALENE G. COX PURCHASER= CITY OF BREMERTON LEGAL DESCRIPTION= Lots 6 and 7, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $97,500.00 Less Mortgage Payoff Balance to Continental Mortgage Company (74,691.25) Cash payment payable to Sellers at Closing $22,808.75 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Recording Fee for Statutory Warranty Deed (Kitsap County Auditor) $8.00 Total Purchaser's Closing Costs $8.00 8.00 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE $22,816.75 NOTE: It is 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. ACCEPTED AND APPROVED this / . day of , IAN R. SIEUERS Bremerton City Attorney PURCHASER'S CLOSING STATEMENT COX.PCS - REAL ESTATE ' 7/14/94 RESIDENTIAL RENTAL AGREEMENT __ 1994, between the city of Bre~erton, a municipal co~oration, hereinafter "Landlord," and Robert A. Cox andVDalene G. Cox, husband and wife, hereinafter "Tenant(s)." W I T N E S S E T H: That the Landlord does, by these presence, rent the residence situated as follows: single family resident at: 1613 Oyster Bay Avenue South, Bremerton, Washington, legally described as: Lots 6 and 7, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. subject to the following terms and conditions. 1. Term: The premises are rented commencing the 19th day of July, 1994 and terminating August 19, 1994. 2. Rent: Tenant shall be obligated to pay Eight Hundred Twelve Dollars ($812.00) for the rental of the above-described premises commencing on July 19, 1994. 3. Utilities: Tenant shall pay for services and utilities supplied to the premises. 4. Sublet: Tenant agrees not to sublet said premises, nor assign this Agreement, nor any part hereof, without the prior written consent of the Landlord. 5. Animals: Tenant, prior to entering into this Agreement, shall submit to Landlord, in writing for approval, types and numbers of pets to be located on the premises together with facilities to be provided. 6. Liability: Landlord assumes no responsibility for personal belongings used at, or stored on, the premises. 7. Non-Liability of Landlord: Tenant shall indemnify and hold the Landlord harmless from any and all claims including attorney's fees, damages, suits, and expenses of whatsoever kind of nature on account of injuries to or death of any person or persons and damage to property arising in whole or in part from the use or occupancy of the leased premises by the Tenant or the activities conducted upon the premises by the Tenant, its contractors, subcontractors, agents, employees and guests and invitees. RESIDENTIAL RENTAL AGREEMENT - UTILITIES --1-- COX.AGT - REkL ESTATE - Tenant further agrees to accept and defend all such claims, damages and suits for injuries to or death of any person or persons or damage to property arising in whole or in part out of the use or occupancy of the leased premises at its own expense in the name of and on behalf of the Landlord. 8. Maintenance: Tenant agrees to keep the sidewalk surrounding said premises free and clear of all obstructions; to replace in a neat and workmanlike manner all glass and doors broken during occupancy thereof; to use due precaution against freezing of water or waste pipes and stoppage of same in and about said premises and that, in case water or waste pipes are frozen or become clogged by reason of neglect by Tenant, Tenant shall repair the same at his own expense, as well as all damage caused thereby. 9. Alterations: Tenant agrees not to make alterations or do or cause to be done any painting or wallpapering to said premises without the prior written consent of Landlord. 10. Use of Premises: Tenant shall not use said premises for any purpose other than that of a residence and shall not use said premises or any part thereof for any illegal purpose. Tenant agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said premises. Landlord shall maintain the premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such premises. 11. Tenant's Obligations: Tenant agrees - a. To keep said premises in a clean and sanitary condition; b. To properly dispose of rubbish, garbage, and waste in a clean and sanitary manner at reasonable and regular intervals and to assume all costs of extermination and fumigation for infestation caused by Tenant; c. To properly use and operate all electrical, gas, heating, plumbing facilities, fixtures, and appliances; d. To not intentionally or negligently destroy, deface, damage, impair, or remove any part of the premises, their appurtenances, facilities, equipment, furniture, furnishings, and appliances, nor to permit any member of his family, invitee, licensee, or other person acting under his control to do so; e. Not to permit a nuisance or common waste; f. To mow and water the grass and lawn, flowers, and shrubbery on the premises, and keep the grass, lawn, flowers, and RESIDENTIAL RENTAL AGREEMENT - UTILITIES -2- ~X.AGT - REaL ESTATE - ?/14/9G shrubbery in good order and condition; g. To patrol the premises and monitor the activities of all visitors to the premises to ensure that said visitors conform to all municipal, county, and state codes, statutes, ordinances, and regulations concerning use of the premises, and that the visitors shall otherwise conduct themselves at all times in an orderly fashion. 12~ Landlord's Obligations: Landlord agrees to - a. Immediately notify Tenant, by certified mail or posting, of any changes as to the person or address of the Landlord; b. Maintain all structural components in good repair; c. Keep common areas reasonably clean and safe from defects increasing the hazards of fire or accident; d. Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy provided, however, that Landlord shall not be held responsible where infestation is caused by Tenant; e. Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good wDrking order. 13. Access: Landlord shall have the right to place and maintain "For Rent" signs in a conspicuous place on said premises for thirty (30) days prior to the vacation of said premises. Landlord reserves the right of access to the premises for the purpose of: a. Inspection; b. Repairs, alterations, or improvements; c. Supplying services; d. Exhibiting or displaying the premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. Access shall be at reasonable times upon twenty-four (24) hours notice, except in case of emergency or abandonment. 14. Costs and Attorney Fees: If, by reason of any default or breach on the part of either party in the performance of any of the pro¥isions of this Agreement, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Agreement may be in the RESIDENTIAL RENTAL AGREEMENT - UTILITIES -3- county in which the premises are situated. 15. Additional Terms: Additional terms, if any, attached hereto or on the reverse side hereof, are made a part of this Agreement by reference and are described as follows: a. Tenant shall fully perform obligations hereunder and those pursuant to Chapter 59.18 RCW, or as such may be subsequently amended; b. Tenant shall occupy said premises for term agreed to above; c. Upon termination, Tenant shall clean, repair, and restore said residence and return the same to Landlord in its initial condition, except for reasonable wear and tear; d. Tenant shall, upon termination, surrender to Landlord the keys to premises. IN WITNESS h~HEREOF, Tenant(s) and Landlord each hereunto set their respective hands. LANDLORD: TENANTS: CITY OF BREMERTON ~.. LYNN HORTON, Mayor ROBERT A. COX/ DALENE G. COX ATTEST: KATHLEEN L. McCLUSKEY, Clerk DEPARTMENTAL APPROVAL: ctor of Public Works & Utilities IAN R. ~VERS, City Attorney RESIDENTIAL RENTAL AGREEMENT - UTILITIES -4- L'OX.AGT - REAl. ESTATE - T/l&/~ Continenta 1 ]¢ortgage Company so~.4 ~ s~,~ ~. Da,~ ~ Loan Servicing 2000 Two Union Square 601 Union Street Seattle, Washington 98101-2326 Re: Robert A. Cox Dalene G. Cox 1613 Oyster Bay Avenue South Bremerton, WA. 98312 Mortgage Loan No. 119803 Loan Type - VA Dear Sir or Madam: The City of Bremerton has purchased the above-referenced propert from Rober~ A. and Dalene G. Cox. I ha - - Y Check herein for the amoun ..... ve enc±oseQ a Post-dated · u oi ~/4,691~25, wh~,~h is the payoff balance given to me via telephone by Heather of your office pursuant ~o that Payoff Statement date ~rom Continental Mortaa~e Com .... ~ .... d ~uly 11~ 1994, received loan. I ha ~~ ~,.~ ~u~ une anove-rezerenced rt _ ve ~=~ ~ CODV of ~m~ ~ ~ - mo gage your reference. -- ..... =~o~a S=atement herein for Please apply the enclosed check to the loan and return to our office the original Deed of Trust and signed Request for Reconveyance, between Robert A. Cox 'and Dalene G. Cox, as Borrowers, and Continental Mortgage Company, as Beneficiary, dated December 1, 1992. I have enclosed a copy of said Deed of Trust for your reference. Please do not hesitate to call our office should you have any questions in this regard. Thank you for your assistance. Sincerely, Enclosuree: as cited cc: Mr. and Mrs. Robert A. Cox 2~94T}I~EET · BRF~(ERTON.%%'Ag&~i0 · (206) 478..~'~,45 · FAX~06)47g-5161 Modgage Company Ian R. Sievers, Atty. Toll Free 800/237-3194 Jackie Cronk 239 4th St. Bremerton, WA 98310 RE: Loan No. 119803 Loan Type: VA Investor No: 660 Robert A Cox Dalene G Cox Property Address: 1613 oystr Bay Ay S 1613 Oystr Bay Ay S Bremerton WA 98312 Bremerton WA 98312 All payoffs received after 2:00 p.m. on August 01, 1994 will be charged interest to the following business day. Interest will accrue until the payoff is posted. The following amounts are required to pay this loan in full on August 01, 1994: The current total unpaid Principal Balance is: $ 74,416.01 Interest is paid to 07-01-94. Interest to 08-01-94 (@ $ 15.24 per diem) At 7.50000% ~- ~-q~. ~ ~ 4~5~ TOT~ ~O~T TO PAY LO~ IN F~L * * * * * $~,~[.~~ Payoffs must be delivered to: CONTINE~ MORTGAGE COMP~ 2000 Two Union S~dare 601 Union St. - 18th Floor/Payoff Dept. Seattle, WA 98101-2326 Figures must be confirmed prior to disbursement. Please contact us at one of the nu~ers listed above for verbal confirmation. Escrow refunds, if applicable will be refunded within 30 days of payoff. Pa~ents continue to be due pending payoff of this loan. Late charges of $ 29.40 will be assessed if the pa~ent is not received 15 days after the due date. Please collect and retain any filing fees. Documents will be forwarded to you for reconveyance or satisfaction. If the property has been sold, please provide us with the seller's forwarding address. All figures are subject to clearance of funds in transit. Payoff Department LEGAL DEPARTMENT Gateway to the Olympi~s and l lome of the Puge~ Sound Nat;al Shipyard DATE: October 26, 1994 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk Legal AssistaTt RE: ~ Oyster Bay Avenue South Cox lty ~on Please f'md attached hereto the Title Insurance Policy issued by Land Title Company with regard to the City's purchase of the above-referenced property. Please call our office if you have any questions in this regard. LEGAL DEPARTMENT lan R. Slavers - City Attorney Civil A~orneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca Gateway to O~e Olympics and Home of the Puget Sound Naval Shipyard DATE: August 22, 1994 TO: Kathleen McCluskey, Administrative Services Director~ FROM~k, ~~ I~E: 1613 Oyster Bay Avenue South '~ ~ty ofBremerton T~ Please find attached hereto a copy of the preliminary title report from Land Title Escrow with regard to the above-referenced transaction, for your information and file. As a reminder, our department will not be handling the closing of this transaction pursuant to the Seller's request. Closing will be handled by Land Title Escrow out of Bremerton. Please give me a call if you have any questions in this regard. Attachment: as cited 2394TIISTREET · I~REN/ERTON, WA98337 · (2G¢) 478 5345 · FAX(206) 178~1{,1 LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil A~orneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodace DATE: August 5, 199c~~y~°°''°~pi'~"'aH°''~°f~p~gas°""aN~sh~a TO: Kathl~n L. McCluskey, Administrative Services Director FROM: Jacki¢ Cronk, Legal Assistant ~.~._~ RE: 1613 Oyster Bay Avenue South Cox/City of Bremerton Transaction The above-referenced real estate transaction has now been closed. I have attached hereto the following for your information and file: 1. Original Statutory Warranty Deed between Robert A. Cox and Dalene G. Cox, husband and wife, as Sellers, and City of Bremerton, as Purchaser, together with corresponding 1% Excise Tax Affidavit receipt; 2. Original Sellers' Closing Statement; 3. Original Purchaser's Closing Statement; and 4. Copy of Residential Rental Agreement (Original was routed for signatures, starting with Utility and if it has not reached your department yet, it is probably at Public Works & Utilities). Mr. and Mrs. Cox had an underlying mortgage on the property held by Continental Mortgage. The mortgage was paid off on July 19, 1994 (see copy of letter to Continental Mortgage Company attached hereto for your information). I will be sure to send you a copy of the Request for Full Reconveyance when I receive it from Continental Mortgage Company, as well as a copy of the Full Re. conveyance after it has been prepared and recorded by Transamerica Title Insurance Company (Title Company named as Trustee in Deed of Trust between Mr. and Mrs. Cox and Continental Mortgage Company - copy of said Deed is also attached for your information). I am holding a $42.00check made payable to Transamerica Title Company for payment of the reconveyance fee. Finally, I have attached a copy of the Residential Rental Agreement executed by Mr. and Mrs. Cox to rent the residence from July 19, 1994, through August 19, 1994, while they are waiting for the sale on their new house to close. One month's rent in the amount of Sgl2.00 (determined by Ian) was deducted from closing proceeds (see copy of Sellers' Closing Statement attached). I have advised Mr. and Mrs. Cox to contact Public Works & Utilities if they think they will need to rent the residence past the 19th of August so that another Agreement can be prepared. Please let me know if you have any questions. 2394TIISTREET · I/REMERTON, WA98337 · (2(~) 478 5345 · FAX(206)4783161