HomeMy WebLinkAbout3227936
LHNO I ITLE CO
OEEt $13 , BS
3227936
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Kitsap COI WA
AFfER RECORDING MAlL TO:
NameCitv of Bremerton/Glenna Malanca
Address239 4th Street
City, State, Zip Bremerton, Wa 98337
Statutory Warranty Deed
LAND TITLE COMPANY OF KITSAP COUNTY
E-133281 Escrow No.S-12930-CA
11EEc;~Jl BLANCHE S.L. BUNDY and CLIFFORD BUNDY, Husband and Wife,
as to an undivided 1/3 interest, LLOYD H. LOFTHUS AND FRANCESCA LOFTHUS as
Trustees of THE LOFTHUS FAMILY REVOCABLE TRUST as to*
for and in consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION
in hand paid, conveys and warrants to CITY OF BREMERTON, a Washington Municipal
Corporation
the following described real estate, situated in the County of Kit sap
, State of Washington:
* an undivided 1/3 interest, and THE WILLIAM L. TAGG REVOCABLE LIVING TRUST
DATED JULY 23, 1990, as to an undivided 1/3 interest
Complete Legal Description attached
Abbreviated Legal Description:
all Lots 1, 2, 3 Block 6;
Bremerton, VOlume/Page 2/58 Parcel No.
hereto as Exhibit "A" on Page 2.
Ptn of Lot 5, all Lots 6 & 7, Block 5,
Bay View Addition to the Town of
3708-004-001-0009
Dated: December 1, 1999
EXCISE,lo7a.1 S~
BYKITSAPCOONTY ~ DEe 231999
...................................................................... .....................................................................
SEE ATTACHED SIGNATURE PAGE
..................................................................... .....................................................................
STATE OF WASHINGTON
COUNTY OF KITSAP
On this 20th day of December , 19 99 ,before me
personally appeared JOHN F. MITCHELL, who executed the within instrument as
Attorney in Fact for BLANCHE S.L. BUNDY AND CLIFFORD BUNDY and acknowledged to
me that THEY signed and sealed the same as THEIR free and voluntary act and
deed as attorney in fact for THE for the uses and purposes therein mentioned,
and on oath stated that the power of attorney authorizing the execution of this
instrument has not been revoked and that the said BLANCHE S.L. BUNDY AND
CLIFFORD BUNDY ARE now living, and is not incompetent.
Given under my hand and official seal the day and year last above written.
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SIGNATURE PAGE '5~
S-12930-CA
in
Attorney in
LOFTHUS FAMILY REVOCABLE TRUST
By: LLOYD H. LOFTHUS, TRUSTEE
By: FRANCESCA LOFTHUS, TRUSTEE
WILLIAM L. TAGG REVOCABLE TRUST DATED JULY 23, 1990
By: WILLIAM L. TAGG, TRUSTEE
III I' II
LAN[' "TiTLE to .....' --- -
DE I $16, SS
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Kitsap Co, WA
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SIGNATURE PAGE <D~
ESCROW NO. S-12930-CA
BLANCHE S.L. BUNDY, by Her Attor~ey in
Fact John F. Mitchell
CLIFFORD BUNDY, by His Attorney in
Fact John F. Mitchell
,.
LOFTHUS FAMILY REVOCABLE TRUST
By: LLOYD H. LOFTUS, TRUSTEE
By: FRANCESCA LOFTUS, TRUSTEE
WILLIAM L. TAGG REVOq~RT~UST DATED JULY 23, 1990
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By: WILLIAM L. TAGG, .~ .
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LI1Nr TITLE CC G~ I $13, ~S
3227936
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Kitsap Co! WA
. ;1
EXHIBIT A
FILE NO. E-133281
ESCROW NO:S-12930-CA
STATE OF
COUNTY OF
On this day of , 19 ,I certify
that I know or have satisfactory evidence that LLOYD H. LOFTUS AND FRANCESCA
LOFTUS, TRUSTEES OF THE LOFTHUS FAMILY REVOCABLE TRUST, who appeared before
me, and said person acknowledged that THEY signed this instrument and
acknowledged it to be their free and voluntary act, as Trustee, for the uses
and purposes mentioned in this instrument.
Notary Public in and for the State of
Residing at:
My Commission expires:
j
~=~O~F C<:M~V~~o
On this ~" day of J}.em\l~'o-ff , 19~, I certify
that I know or have satisfactory evidence that WILLIAM L. TAGG, TRUSTEE OF
THE WILLIAM L. TAGG REVOCABLE LIVING TRUST DATED JULY 23, 1990, who appeared
before me, and said person acknowledged that HE signed this instrument and
acknowledged it to be his free and voluntary act, as Personal Representative,
for the uses and purposes ntioned in this instrument.
Notary Public in and for
Residing at: . 1-
My Commission expires:
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My Comm. Exp. Oct. 24, 2003
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LAND TIT.E CO
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Kitsap Co, WA
3,961
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SIGNATURE PAGE 5L00
ESCROW NO. S-12930-CA
BLANCHE S.L. BUNDY, by Her Attorney in
Fact John F. Mitchell
CLIFFORD BUNDY, by His Attorney in
Fact John F. Mitchell
WILLIAM L. TAGG REVOCABLE TRUST DATED JULY 23, 1990
By: WILLIAM L. TAGG, TRUSTEE
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LhHD TITLE CO DE :t $16, }S
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Kitsap Co. WA
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EXHIBIT A
FILE NO. E-133281
ESCROW NO:S-12930-CA
STATlF '-{)wj -l/)ffj};;
COUNTY OF ----B.~A (J
On this 1lffU1 day of ~ , 19~,I certify
that I know or have satisfactory evidence that LLOYD H. LOFTHUS AND FRANCESCA
LOFTHUS, TRUSTEES OF THE LOFTHUS FAMILY REVOCABLE TRUST, who appeared before
me, and said person acknowledged that THEY signed this instrument and
acknowledged it to be their free and voluntary act, as Trustee, for the uses
and purposes mentioned in this instrumen
OFFICIAL SEAL
YVONNE SENA Notary Pu
NCTi\RY PUBLIC-STATE
Notary Bond filed 'Nlth Secffe!fi€lfiil.ijt%t :
- My Commission
My Commission Expires
~ Mw&J
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STATE OF
COUNTY OF
On this day of , 19_____,1 certify
that I know or have satisfactory evidence that WILLIAM L. TAGG, TRUSTEE OF
THE WILLIAM L. TAGG REVOCABLE LIVING TRUST DATED JULY 23, 1990, who appeared
before me, and said person acknowledged that HE signed this instrument and
acknowledged it to be his free and voluntary act, as Personal Representative,
for the uses and purposes mentioned in this instrument.
Notary Public in and for the State of
Residing at:
My Commission expires:
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Kitsap Co, ~A
EXHIBIT A
FILE NO. E-133281
ESCROW NO:S-12930-CA
THAT PORTION OF BAY VIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT
RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
THE NORTH 6 FEET OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7, EXCEPT THE SOUTH 30
FEET THEREOF OF BLOCK 5; LOTS 1, 2 AND 3 OF BLOCK 6; ALL OF BLOCK 4; EXCEPT
FROM LOT 1 BLOCK 6, AND BLOCK 4, THE TWO PARCELS OF LAND DESCRIBED AS
FOLLOWS:
EXCEPTION A:
BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE WESTERLY ALONG THE
SOUTH LINE OF BLOCK 4 TO A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET
DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH
LINE; THENCE NORTHWESTERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID
EASTERLY LINE A DISTANCE OF 200 FEET, MORE OR LESS, TO A POINT INTERSECTING
THE WEST LINE OF SAID LOT 1, BLOCK 6; THENCE NORTHERLY ALONG SAID WEST LINE A
DISTANCE OF 175 FEET; THENCE NORTH 620 EAST 250.00 FEET MORE OR LESS, TO THE
WATERS OF PUGET SOUND; THENCE SOUTHERLY ALONG THE SHORE TO THE SOUTHEAST
CORNER OF SAID BLOCK 6; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE
SOUTHERLY LINE OF BLOCK 6 TO A POINT ABOUT 14 FEET NORTHEASTERLY OF THE
NORTHEAST CORNER OF BLOCK 4; THENCE SOUTHERLY ALONG THE STREET TO AN
INTERSECTION OF THE EAST LINE OF SAID BLOCK 4; THENCE ALONG SAID EASTERLY
LINE OF BLOCK 4 TO THE POINT OF BEGINNING.
EXCEPTION B:
ALSO EXCEPT BEGINNING ON THE SOUTH LINE OF BLOCK 4 AT A POINT WHERE A LINE
DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK
4 WOULD INTERSECT THE SOUTH LINE; THENCE NORTHERLY PARALLEL WITH AND 30 FEET
DISTANT FROM SAID EASTERLY LINE OF BLOCK 4, 140.4 FEET; THENCE SOUTHERLY
123.52 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID BLOCK 4 A
DISTANCE OF 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE
POINT OF BEGINNING.
ALSO EXCEPT FROM LOT 3, BLOCK 6, THE FOLLOWING:
BEGINNING AT AN ANGLE POINT ON THE GOVERNMENT MEANDER LINE, SAID POINT BEING
ON THE WEST MARGINAL LINE OF WATER STREET, AS SHOWN BY ALL HARBOR AREA MAPS;
THENCE FOLLOWING GOVERNMENT MEANDER LINE NORTH 33034' WEST 264.18 FEET;
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY LINE OF LOT 3
BLOCK 6, A DISTANCE OF 300.00 FEET; THENCE SOUTH TO A POINT 50 FEET EAST OF
THE POINT OF BEGINNING; THENCE WEST 50 FEET TO POINT OF BEGINNING;
ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PROPERTY ANY TIDELAND INCLUDED
THEREIN WHICH MAY BE OWNED BY THE STATE OF WASHINGTON AND WHICH WERE NOT
INCLUDED IN THE STATE'S DEED RECORDED UNDER AUDITOR'S FILE NOS. 18561 AND
18562.
Subject to:
1.
Easement, including
by instrument;
Recorded:
Recording No. :
In Favor of:
For:
Affects:
its terms, covenants and provisions as disclosed
March 2, 1914
71214
Olympic Power Company
ingress and egress
portions of Lot 1, Block 6
2.
Easement, including
by instrument;
Recorded:
Recording No:
For:
Affects:
its terms, covenants and provisions as disclosed
July 25, 1972
1026822
telephone cable and sewer pipeline
portion of said premises
III! II
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LAHO TITLE CO
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Kitsap Co, WfI
FILE NO. E-133281
ESCROW NO:S-12930-CA
EXHIBIT A
3. Easement affecting a portion of said premises and for the purposes
hereinafter stated, as granted by instrument recorded May 25, 1929, in
the office of the recording officer of Kitsap County, Washington under
Auditor's File No. 179256;
In favor of: PUGET SOUND POWER AND LIGHT COMPANY
For: Underground and/or overhead transmission and
electric lines and appurtenances thereto;
Affects: Lot 2, Block 6
4.
Easement, including
by instrument;
Recorded:
Recording No. :
In Favor of:
For:
Affects:
its terms, covenants and provisions as disclosed
May 29, 1947
449021
The Pacific Telephone and Telegraph Company
underground cables and lines
portion of Lot 2, Block 6
5. Covenants, conditions and restrictions contained in the following
instrument;
Recording No.: 449021
6.
Easement, including
by instrument;
Recording No. :
In Favor of:
For:
Affects:
its terms, covenants and provisions as disclosed
Superior Court Cause No. 26012
City of Bremerton
sewer
portion of said premises
its terms, covenants and provisions as disclosed
December 6, 1951
544683
The Pacific Telephone and Telegraph Company
underground conduit and cable
portion of said premises
8. Covenants, conditions and restrictions contained in the following
instrument;
Recording No. : 544683
10.
I
LA ~D TIT.E CO
7.
Easement, including
by instrument;
Recorded:
Recording No. :
In Favor of:
For:
Affects:
9.
Easement, including
by instrument;
Recorded:
Recording No. :
In Favor of:
For:
Affects:
Covenant to bear equal
repair and development
which was granted over
Recorded:
Auditor's File No.:
For:
Affects:
-lEE[ ---"$fs', fa'
its terms, covenants and provisions as disclosed
February I, 1962
763591
Bremerton Oil Company
pipeline and dock facilities
said premises
share of the cost of construction, maintenance,
of the improvement herein named, easement for
location herein described by instrument;
June 6, 1977
1171905
pipeline and dock facilities
portion of said premises
I
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EmIBIT A
FILE NO. E-133281
ESCROW NO:S-12930-CA
11. Exceptions and reservations contained in Deed whereby the grantor
excepts and reserves all oils, gases, coal, ores, minerals, fossils,
etc., and the right of entry for opening, developing and working
mines, etc., provided that no rights shall be exercised until
provision has been made for full payment of all damages sustained by
reason of such entry;
From: THE STATE OF WASHINGTON
Recording No.: Volume 29 of Deeds, Page 249 and
Volume 29 of Deeds, Page 250
Records of: KITSAP County, Washington
lROL: ~_I. _~:_ .I1_,J , I
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Kitsap Co, l-IA
1;1
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is
made and entered into as of the ~~ day of a~hG~. ,1999,
by and between BLANCHE S. L. BUNDY, a married woman, as her
separate property, as to an undivided 1/3 interest; LLOYD H.
LOFTHUS, a married man, as his separate property, as to an
undivided 1/3 interest; and THE WILLIAM L. TAGG REVOCABLE LIVING
TRUST DATED JULY 23, 1990, as to an undivided 1/3 interest
(~Grantor")and the Grantee CITY OF BREMERTON, a municipal
corporation (~City").
RECITALS
A. Grantor is the owner of that certain real property
located in Bremerton, Washington, legally described in
Exhibit A, attached hereto.
B. The property which is the subject of this Agreement shall
include and is together with all of Grantor's right,
title and interest in and to all contracts, agreements,
warranties, commitments, pri vileges, tangible and
intangible interests, appurtenances, easements, licenses,
applications, permits and governmental approvals and
consents relating to or serving said property
(collectively the "Property").
C. The Property is contaminated with hazardous substances in
excess of levels permitted by the Washington State
Department of Ecology (the "Department of Ecology")
D. The City desires to acquire and develop the Property for
park and recreational purposes.
AGREEMENT
1. Grant Subject to the terms, covenants and conditions set
forth herein, Grantor hereby grants to the City all right, title
and interest of the Grantor in the Property.
2.
Fifteen
COMideration. The consideration to p~ paid t~ Grantor is
Thousand ($15,000.00) DollijJ:", j.nG Q:t.Pel' valuable
Bundy. rea
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consideration, including the City's promise to bear the cost and
expense of all City initiated investigations and analyses and
clean-up of all Hazardous Substances pursuant to the
Indemnification Agreement executed by the parties contemporaneously
with this Agreement.
3. Tide.
3.1 Condition of Title. Grantor shall deliver to the City
good and marketable title, free and clear of all liens and
encumbrances except the exceptions referred to in Section 3.3 (the
"Permitted Exceptions") .
3.2 TitleCommitment Within fifteen (15) days after the
date hereof, Grantor shall cause to be furnished to the City a
commitment for an ALTA Owner's Extended Coverage Policy of Title
Insurance (Form B 1970, as amended) (the "Title Commitment") and
such other endorsements as the City may require, issued by Land
Title Company of Kitsap County(the "Title Company"), describing the
Property, listing the City as the prospective named insured and
showing as the policy amount to be determined by the City. Grantor
shall cause the Title Commitment to be furnished to the City along
with legible true copies of any and all instruments referred to in
the Title Commitment as conditions or exceptions to title to the
Property.
3.3 Review of Tide Commitment and Survey. The City shall
have ten days from the date of delivery of the commitment for title
insurance identified above, (the "Title Review Period") to notify
Grantor in writing of any matters disclosed in the Survey to which
the City objects or of exceptions shown in the Title Commitment
that are in addition to those to which the City consents and which
may remain of record (the "Permitted Exceptions"). If Grantor is
unable in spite of its best efforts to cure such objections by
Closing, the City may at the City's option waive the objection not
cured, or terminate this Agreement by notice to Grantor.
4. Contact with the Deoarbnent of Ecology and/or Environmental
Protection Agency. Grantor agrees that all contacts with the
Department of Ecology, the United States Environmental Protection
Agency, or any other regulatory agency with jurisdiction over the
Property concerning contamination of the Property shall be made by
the City, or its representatives. Grantor covenants and agrees
that it will not directly or indirectly communicate or attempt to
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communicate with a governmental agency, except jointly with the
City. In the event the Grantor is contacted in any way concerning
the Property by a regulatory agency concerning the environmental
condition of the Property, Grantor shall promptly notify the City
of the contact, forward all documents concerning or comprising the
contract to Grantor, and allow the City to reply to the Department
of Ecology or other agency on behalf of the Grantor, if a reply is
required.
5. Closina. The Closing and conveyance of title shall occur
within thirty (30) days after execution of this Agreement or the
later date that Grantor shall have completed the Grantor
Requirements set forth in Paragraph 9, but in no event later than
October 15, 1999, unless otherwise agreed to between the parties.
5.1 Documents to be Delivered by Grantor. At or prior to the
Closing, Grantor shall execute and deliver or cause to be delivered
to Escrow the following documents:
A. Statutory Warranty Deed duly executed and
acknowledged, conveying to the City the
Property in indefeasible fee simple, free and
clear of any lien, encumbrance or exception
other than the Permitted Exceptions (the
"Deed") ;
B. If applicable, an Assignment in a form
satisfactory to the City assigning to the City
Grantor's interest in all permits, approvals,
leases, contracts or warranties comprising the
Property (the "Assignment");
C. An Owner's ALTA Extended Coverage Policy of
Title Insurance (Form B 1970, as amended)
issued by the Title Company conforming to the
requirements of Section 5.2 herein;
D. A FIRPTA certificate certifying the non-
foreign status of Grantor; and
5.2 The Grantor shall complete and satisfy the following
Grantor requirements (the "Grantor Requirements") as a condition
precedent to Closing:
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A. Terminate all leases on the subject property
and by signature below, hold the City harmless
from any and all actions arising from leases
of the subject property. Copies of the
termination of leases, including provision for
relocation costs acceptable to tenants, if
applicable, to be provided to the City prior
to closing.
B. Provide for the removal of all personal
property of Grantor and Tenants.
5.3. Consideration to be Delivered by The City. At or pr i or to
Closing, the City shall deliver to Escrow the executed Hazardous
Substances Remediation and Indemnification Agreement and funds to
pay all Closing costs and expenses to be paid by the City
hereunder. The City agrees to pay all costs of closing. It is
understood by the parties that the consideration to be paid to
Grantors, as provided in Paragraph 2, above, is a net amount,
except as to any encumbrances on the property payable by Grantors.
5.4 Prorations. Real property taxes, utility charges
consti tuting a lien on the Property, and assessments shall be
prorated as of Closing. Grantor shall receive all income and bear
all other expenses through Closing. Grantor shall furnish to the
City and the Title Company all information reasonably necessary to
compute the prorations.
6. Reoresentations and Warranties of Grantor. Grantor hereby makes
the following representations and warranties as of the date hereof,
which shall survive Closing and shall be reaffirmed as of the
Closing Date:
6.1
or assessments
sewer, survey,
may be created
LMms. At the time of Closing there will be no liens
against the Property including, but not limited to,
architects' or engineers' liens, except those that
as a result of the City's activities.
6.2 Grantors have provided to the City all documents and
infonnation known to them reaarding Hazardous Materials, as defined in
the parties' Remediation and Indemnification Agreement, on the
Property.
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7. Notices. All notices, requests, demands and other
communications in connection with this agreement shall be in
wri ting and furnished to the other party at its address listed
below (or at such other address as may be specified from time to
time by notice) and shall be deemed to have been duly given if
delivered personally, send via facsimile transmission or sent by
certified or registered mail, postage prepaid, to the following
respective addresses:
If to Grantor:
John F. Mitchell
Sanchez, Paulson, Mitchell & Laurie
4110 Kitsap Way, Suite 200
Bremerton, Washington 98312-2401
(360)479-3000
If to the City:
City Clerk
239 4th Street
Bremerton, Washington 98337
(360)478-5290
City Attorney
239 4th Street
Bremerton, Wa. 98337
8. Intearation. This Agreement and all documents and
instruments executed pursuant hereto merge and integrate all prior
agreements and representations respecting this transaction, whether
written or oral, and constitute the sole and entire agreement of
the parties in connection herewith.
9. Amendments. This Agreement may be amended or modified
only by a written instrument executed by Grantor and the City.
10. Bindina Nature. All rights and obligations arising out of
this Agreement shall inure to the benefit of and be binding upon
the respective successors, heirs, assigns, tenants, administrators,
executors and marital communities, if any, of the parties hereto.
11. Time. Time is of the essence in each and every covenant
and condition of this Agreement.
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12. Tax Considerations. The City agrees to cooperate to the
extent legally permissible to maximize the lawfully available tax
benefits to Grantor. The obligation of cooperation extends to the
execution of documents and other papers prepared by Grantor's tax
advisors, as well as responding to instructions regarding the
Kitsap County pending condemnation lawsuit commenced by the City.
13. In appreciation of Grantor's contribution to the history
of the site upon which the Evergreen Park will be located, the City
will honor the Lofthus family by naming the proposed amphitheater,
to be built in the vicinity of the Property, after the Lofthus
family. Additionally, interpretive signage along the park's walking
trail will disclose the Lofthus family contribution to the
development of Bremerton and the City's use of the Lofthus site as
a portion of the park.
Grantors:
Dated: /O/l'l/q'j
gl~i t .1'~ '1~
THE WILLIAM L. T ~EVOCABLE LIVING
TR T ATED U 23, 1990, as to
u tliv ed 3 st -
B
/I
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The City:
Dated:
It) -".'f" qq
THE CITY OF BREMERTON,
a Municipal Corporation
By ~ {J. .,;...1
Its ~~
STATE OF WASHINGTON
S5.
COUNTY OF KITSAP
On this day, before me, Lynn Horton, Mayor of the City of
Bremerton, the municipal corporation described in and that executed
the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that she
was authorized to execute the said instrument on behalf of said
corporation.
GIVEN under my hand and official seal this
(~~ , 1999.
ti/9:kJ J
day of
~~. cd..... 'g-
Notary P lic'n and for he State of
Washington, residing at ~~~ .
My appointment expires: ..s-;, /.,.. ~
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DECLARATION OF MARILYN TEFFT
RE: DICK FEEK, INC. OIL PIPELINE EASEMENT
I, MARILYN TEFFT, make the following declaration:
1. The facts recited in this declaration are known to me based upon personal
observation and experience. I would be competent to testify about these facts in court.
2. Dick Feek, Inc. was a fuel oil distributor business in- Bremerton, Washington.
During the late 1970's, a gentleman named Boyd Beck, bought all of the shares of Dick Feek,
Inc. In 1981 or 1982, I bought out Boyd Beck and operated B & B, and in particular, its bulk
plant on Shelton Blvd. in Bremerton. In 1984, I sold the B & B business to a larger company
which operated it until 1993. From the time I bought out Boyd Beck through the 1993 date on
which the fuel oil business vacated my real estate, neither I nor the subsequent business operators
used the pipeline acrosf, the Lofthus property to the waterfront. I am unaware of any use of the
pipeline since that date as all of the fuel oil dealers have moved aware from the Sheldon Blvd.
area.
3. I am the owner of the real property formerly occupied by Dick Feek, Inc. I make
no claim to the pipeline running across the Lofthus property and affirmatively state that I believe
it was abandoned by all of those who had a nght to use it at some time prior to 1981.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
DATED at Bremerton, Washington this December /.;2, ,1999.
DECLARA nON OF MARlL YN TEFFT
RE: DICK FEEK, INC.--1
Iljfmlre pllofthusltefft,dcl
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DECLARATION OF JOHN F. MITCHELL
RE: TERMINATION OF TENANCIES
I, JOHN F. MITCHELL, make the following declaration:
1. I am the attorney for the Lofthus family with regard their sale of certain real
property located on Sheldon Avenue in Bremerton, Washington to the City of Bremerton.
2. During late August or early September, 1999. the Bremerton City Attorney
informed me that the City would prefer to have the premises vacant not later than October 1,
1999.
3. Pursuant to the expressed desires of the City of Bremerton I contacted Lloyd
Lofthus who had managed the property for his siblings for many years. Lloyd advised me that I
was authorized to terminate the tenancy of the current automotive repair tenant, but that it would
be unnecessary to terminate the tenancy of Bremerton Amusement as he had already given
Lofthus of notice of intent to vacate on or before October 1, 1999. Consistent with the
instructions of my client, I notified the automotive tenant to vacate on or before October 1, 1999
and awaited notice from the Bremerton Amusement tenant of his vacation.
4. On or about October 1, 1999 I received notice from the automotive tenant that he
was essentially moved out but that several items would not be removed for a day or two. After
the passage of several days, he delivered they keys to the premises to my office and surrendered
his tenancy.
5. By mid-October, 1999, it was apparent that Bremerton Amusement had vacated
the premises. Large quantities of amusement devices and repair parts formerly stored within the
DECLARATION OF JOHN F. MITCHELL
RE: TERMINA nON OF TENANCIES--1
] :~fmlre.p\)ofthu.~fm.dc)
premises were gone, the entire warehouse area was empty, and there were no business machines
or furniture left in the office area.
6. I began communication with Patrick Tompkins, the principal of Bremerton
Amusement, who on not fewer than three occasions promised to drop the keys to the building off
at my office when he came by to visit his father who owns Brother Don's restaurant located near
my office on Kitsap Way. Each time I spoke with Mr. Tompkins he was apologetic about not
having delivered the keys and promised to do it immediately thereafter. Finally, on the Tuesday
before Thanksgiving, he left a telephone message at my office telling me that he had mailed the
keys to me and that I should have them on the first day of mail service following the
Thanksgiving weekend. The keys have not yet arrived.
7. Given the conduct of the parties, the absence of any written lease agreement, and
the fact that both tenants voluntarily vacated the premises, I have concluded that the month-to-
month tenancies have been surrendered to the landlord.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF WASIDNGTON THAT THE FOREGOING IS TRUE AND CORRECT.
DATED at Bremerton, Washin
DECLARATION OF JOHN F. MITCHELL
RE: TERMINATION OF TENANCIES--2
I.\jfmlre. p\lofthus\jfm.dcl
DEC. 29 '99 (WED) 1),1:;' LAND TITLE E (;
DEC. 20. 1999 3:12PM NORWEST EL DORP8
360 692 8669
NO. 276
PAGE. 2/6
P.2/8
RATIFl( ';q'ON AND EXTENSION 0'
REAL ESTATE"~.;RCHASE AND SALE AGREEMENT
COMB NOW BLANCHE
BUNDY and CLIFFORD BUNDY, husband and wife,
by and through their Special P~we1 of Attorney, JOHN F. MITCHELL, and LLOYD H.
LOFTHUS Qlld FRANCBSCA LOFTHUS. as Tnl,4UeeS of the LOFTHUS FAMILY
REVOCA.ii~ '(RUSTt and WI' '
L. T AOO, as Tnastco of the WILLIAM L. T AOO
REVOCABLE LIVING TRUST (.(t'lted July 23, 1990, who by executing this document in
duplicate original, hereby ratify
1'~"C"""A1S and conditions of the Real Estate Purchase and Sale
Agreement executed on their beh[~;; "1 JOHN' F. MITCHELL 011 or about October 29, 1999, and
agree to an extension of the date
l<;in,;r, herein from thR.t Ret. out in the Real Estate Purchase
and Sale Agreement to a date nm:
than December 20. 1999.
THIS DOCUMENT may;. ~,;s:ecut,~d in duplica.te original& by each of the named parties
hereto.
Date
---"..,
'Si..,ANCHE S. L. BUNDY. by JOHN F. MITCHELL,
hel' Attorney In F~L
- 1>( >(f~
Date
CLIFFORD BUNDY, by JOHN F. MITCHELL,
ills A:]1n Faol
-~'m-~ -j/-~-1' ~.
-.- -'t4:~ H. t T S -
........~
Date
RA'l'lto'ICA TION ANP BX:TeNSION
OF REAL ESTATE PURCHASE &
1:11 rmlfc.pUol\lwo\cll\_"'....
~j.. G R..-l
DEC. 29 '99 (ViED: \ I) 16 LAND T I TLS E
DEC.20.1999 3: 13PM NORWEST EL DORRT
360 692 8669
NO. 275
FAGE. 3/6
P.3/8
J~;;JJ;;7
Dated I
)
I.~
~JJ' ~ L r c-4)
'WILLIAM L. TAGG, --=-rT
Tru~tee of the William L. Tau Revocable Living Trust
.11. (t \ 9!t
Date
RATIFICATION AND BXTBNSION
OF REAL ESTATB PURCHASE & SALE
1'\iIhJ\re.p\lol\",,"\~.lllIf
DEC. 29 '99 (WEDI!2,1? LAND TITLE SSCF(()V
DEe. 213. 1999 3: 13PM NORWEST EL DORA]):
360 692 8669
1'10.275
PAGE. 4/6
P.4/8
RATIF~""~ "" TION AND EXTENSION .OJ'
REAL ESTA T~'. 1 ;c."];{CHAB AND SALK ACtlEEMENT
COMB NOW BLANCHE 8. BUNDY and CLIFPORD BUNDY, husband and wife,
by and through their Special P(lwcr of Attorney, JOHN F. MITCHELL. and T .LOYD H.
LOFTHUS ~ FRANCESCA LOFTHUS. a:o: Tn19tee$ of the LOFTIruS FAMILY
REVOCABLB TRUST. and 'VIr
L. T.A,OO,.A:t Tmna.Gf the WiLLIAM L. TAOO
REVOCA,DLB LIVING TRUST d',st""d. July 23, 1990, who by !executing this document in
duplicate original, hereby ratify th,'~,ns and conditions of the Real Estate Purchase Blld Sale
Agreement exeGUted on their behak 101~fN F. MITCHELL on or about October 29. 1 ()99, and
agree to an extension of the date ng herein from that set out in the R..oal Estate: Pw'ChlS:ltl
and Sale Agreement to a date not 1:1, d1t~n Deccl11bcl 20, 1999.
THIS DOCUMENT may b~: "",/"~~nted in duplicate ori~ lay each of the named parties
hereto.
Nou~1vt h~ Z'J t1f1fj
Date
r'1
v." -', ~ /
:' ~.v.
~,
l~L!)'NCHE S. 1. BUNDY, by
Attorney In Fuet
. MITCHELL,
Al~ b9J Ii"
Date
DM:f- r~
BUNDY, by 10 . MITCHELL,
A oVmFoa L ~
"---7 /.
--""."-~/( ~ ~ ~
.r::;;;;;;J,O"1. D ~FTHUS .
. ,.~'- -'"
RATIFICA TIO'N AND EXTBNSto~
OF R.EAL EST A TB PURCHASE" SALE
1:\ll'lnw.pllg nhlla\el<llln'iQ~'JlIl'
DEC. 29 '99 (WED 'i 'Ll 8
DEC. 20. 1999 3:13PM
LAND TITLE ESCHe
NORWEST EL DORH~('
360 692 8669 276
NO.
PAGE. 5/6
P.5/8
.J
-l~~&~
Date /
Date
WILLIAM L. TAOO,
T!'llstce of the William L. TIS' Revocable Living Trost
RA mICA nON AND EXTENSION
OF RBAL ESTA.TB PURCHASE &: SALE AGP,--2
r:liflll\ro.P\lol\hII.\olll"'~iC>'U8r .
DEC. 29 '99 (WED; l:i',18
'~C.20.1999 3:13PM
LAND TITLE ESCRO~
NCJRI..EST EL DORAIi!C;
360 692 8669
NO. 276
PAGE 6/<L-._. _.
P.6/8
STATE OF WASHINGTON )
( :~""
COUNTY OF KlTSAP )
On tbi. 2911\ emy ofNovc11lbta". 1999. before me penonaUy appeared JOliN F. MITCHELL.
who executed the within ~ent as Attomey in Fact _ BLANCHE S. L. BUNDY and
CLIFFORD BUNDY. husband ~d wife. and aeknowledacd to me m.t he signed an4 sealed the
same as his ftec and voluntary A~.t and deed M a.ttomey in fad I:Ir Mr. and Mrs. BUNDY for the
uses and PUIpO_ therein mentio~ed and on oath stated that the Power of Attorney slJthorized in the
execution of this instT'umcnt l1ali ~ul been revoked and that tho IIdd BLANCrm S. L. BUNDY and
CLIFFORD BUNDY are now living and are not incompetent.
G!VBN under my hand ~nd of:t1cial SQa1 the day..~ ,~Jut above written..
~"\\"""""~"IJ~". \ rnJ...li) ~: _ M - .g~
~ ...~\~ G. /:1" (6
~ ,.'Y'" ...--... ~..e~. MBLA.NIE G. RADY
~ ~ ~ ~ ~ ~
i ~ l~o t A ~ J....~ d1~ ~OTAR.Y PUBUC in and for the state of
~ en l +17-2001 ~;;: t"ashin~n.~i~at~
~ .,0\ \.. III t. Q \.' C J (: ~y COIDml5Sl0n exptre.,: April!? 2001
;; ""........... . '-,'''''''.0:::-
~ _ .... ..'" .t ",~
~ ,~ 0 .......... ..-'.\~ .",':::;:
~I: ~ IN ~ ST> ..,,"
II/I. \\~
"'IIrJl1ll\\\\'" :.
DeO, 22 . 99 (WED) 09: 55 LAND TITLE ESCROW 360 692 8669
12,1":21/1999 17:42 SP.HOEZ PAUL5CIH FIRM -} 360 692 ~g
PAGE. ?/3
NO. 357 ~2
FILE
ADDBHbUM TO PURCHASE AND IALI AOIU!DlIMt
COME NOW tile BeUln, w..ANCHfi 8. L. BUNDY, CWPOltD MJIfDY, LLOYD H.
LOFlHUS, IIXI PRANCBSCA LOYrHUS, 81 1\~ of 11m U.1M.JS FAMILY
Rf,:VOCART.R TRUST. IDd WlLUAM L. TAGO. r.... of tile 'WILL1AW L. TAGO
RBVOCABLB LIVING TRUST. by and tbrolIth JOHN F. ~ of SANCHEZ,
PA\lLSON. MlTClIBLL & LAURIE, tboir ...., of reccri;_ U. CITY OF
BREMERTON. by lad tbrou&b GLENNA MALANCA. '" city attomfIJ. .... ... that the
termI and eonctitinM ftf the Purchue agreemeat ___. by diem ...... ... laoNby ArO
._ded . followa:
J. n. cIoIIftI dM8 Of die salo enviIioned .., .as P\1rcbeIe .. .... Agreement is
CODtiDued to UIoeaabar 15, 1999; .
2. The fiJIt J1II'IIrIph of the 1eaal deIcri.ptWa of the propet'lJ f.ft .. Cftnveyed 1ft thi.
~ IM11 reId RJI fnJlows:
'I"M parIioI1 of Bay Viow It 1ft&. to die TdWd of
.~ 1Ge01lliug lu pIM ,~ In Voh1me aot
,., pili 'It recor4l1 of KitIIp ColUnY. W.....':..u.
dcscrtbed . follows:
TIaa Nadh 6 feet of Lot S. all 01 Lot 6 and all of LGt 7,
EXCBPT 1be South 30 feet thetwII of Block S; Latt t.2
aDd 3 01 Block 6. all of Block ~ axCEPT troa r.- 1.
Block fi. ad Blaot 4, the tWQ ...... of land cte.cdW II
follows . . .
DA TBD at BnaleftOD, 'WubiDgton this ~ clay of DocDmber. 1999.
B):
F. MITCHELL
Of SANCHEZ. PAULSON, MITCHBLL . LAUlUB
AUOllley for SoUct
ADDIlNDUM '1'0 PUltCHASH AND SALE AGMT -1
eM....
DBC. 22 . 99 (WED) 09: 56 LAND TITLE ESCROW 360 692 6669
12/21/1999 17:42 SANOEZ PAl.l..~ FIRM 7 360 692 8669
PURCHASER.;
By:
----- .--
---~~
CYl.RNNA ~
Attoruy far 1lw CITY 0' BRBMBI.,..
~~
ADDENDUM TO PURCHASE AND SALE AOMT --2
I:~
(; (,..~
. 1
PAGE. 3/3
1'lU. J::rr ~.,;)
il..(.,_o.
LAND TITLE ESCROW
9657 LEVIN ROAD N.W., SUITE 110
SILVERDALE, WA 98383
SA~.fi
OR YoIJf? .
lA/ 'RECOROS
FINAL
BUYERS SETTLEMENT STATEMENT
Buyer:
CITY OF BREMERTON
Seller:
BUNDY/LOFTHUS TRUST/TAGG TRUST
SEE ATTACHED SIGNATURE PAGE
Property
Address:
xxx 13 TH STREET
BREMERTON, WA
Order Number: 133281 Escrow Number: S-12930-CA
Settlement Agent: Cathie Ames
Purchase Price..................................
Title Insurance to Land Title Company...........
Escrow Fee to Land Title Company...... ... ... ....
Sales Tax Escrow Fee to Land Title Company
Sales Tax Owners Policy Fee to Land Title Company
Recording of Deed...............................
Record POA/Haz Sub to Land Title Company......
Deposit to Escrow
Sub-totals
Balance due from Buyer
Totals
~I~J~
Cathie Ames ~
Settlement Agent
J ;l.-d.3 ~
LPO # 1031 Date
Settlement Date: 12/23/99
LPO Number: 1031
15,000.00
250.00
600.00
49.20
20.50
12.00
30.00
15,961. 70
15,961. 70
Expenses
Credits
15,961.70
15,961. 70
0.00
15,961. 70
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Motion to Approve
Purchase Property from Bundy, Lofthus,
and the Tagg Revocable Living Trust
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
October 27, 1999
Legal ~
Glenna Malanc~
City Attorney ,
October 21, 1999
2. C.LE~NCES: ((Lomment on back if necessary)
'\' /
;t/~,JJh--, /tA-{~/~
Gientl~ Malanca, City Attorney
3. EXHIBITS:
Real Estate Purchase and Sale Agreement
Hazardous Substances Remediation and Indemnification
Agreement
Council Study Sessions
."
....-::" J
t> /. -r--;J 1 A. =. -
;' ,,/ ~;'4:,{;:.--!I~) (../ f'... '- \.. ~-
Fiscal & Budget Committee
_,.- " ,.'/' / ,.-'( ~ ~', .,..,... _J'
- /' '-4 d. I .. /
>_ ctJ? ~< J // ~.:f:~ ?" 7'? e" t/
Operations Committee
.....
ENDORSEMENT)(INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ p, 1/.."--.. COUNCILPRESIDENT ~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Parks Department has requested that the City purchase property from Bundy, Lofthus and the William L. Tagg
Revocable Living Trust for the Evergreen Park Expansion project. The purchase price is Fifteen Thousand Dollars
($15,000.00). This action can be taken by motion. rA~c/ ..J ...A~
..~ ;.-~.~ ~crT
8. RECOMMENDATION: ~ ~ \
Authorize the Mayor to execute the Real Estate Purchase and Salt:( Agreement and Remediation & Indemnification
Agreement and all documents necessary to purchase the subject property from Lofthus and the William L. Tagg Revocable
Living Trust, for the purchase price of Fifteen Thousand Dollars, for the Evergreen Park Expansion project.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED rVDISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE: J\.J .1, _ ;/.# 81L.".
'-t.M.rv..-y p~ ~ \;~ SJ y~ 11. AGENDA BILL NO.:~
5>c,s _ (OVE~r ~/ C/o.x:l..vvw 0f ~q~
ti-ntta.-a:-~~O J
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Could restrict access and limit expansion possibilities for the Evergreen Park expansion.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
None.
7. RESEARCH SOURCES:
III
LAND TITLE CO
I G T l: LIe
3227935
Page: 1 of 13
12/23/199911:34A
Kitsap Co, WA
I
~l.
~\,
tZ.l~~Ut
Ptn of Lot 5, all of Lots 6 & 7, Blk 5,
all of Lots 1, 2, 3 & 6; Bay View Addtn.
to the Town of Bremerton, Vol/Pg 2/58
Parcel No. 3708-004-001-0009
HAZARDOUS SUBSTANCES REMBDIATION AND
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made this 29th
day of
October , 1999 by
THE CITY OF BREMERTON, a Municipal corporation ("the City"), in
favor of BLANCHE S.L. BUNDY, a married woman as her separate estate
and Clifford Bundy, her husband; LLOYD H. LOFTHUS and FRANCESCA
LOFTHUS, as Trustees of the LOFTHUS FAMILY REVOCABLE TRUST; and the
WILLIAM LEONARD TAGG REVOCABLE LIVING TRUST and WILLIAM LOFTHUS
TAGG and JOSEPHINE SOBOREN TAGG, husband and wife; CAROL TAGG
DOWELL and JOHN MANLEY DOWELL, wife and husband; CYNTHIA ANN WILBER
and WAYNE DOUGLAS WILBER,
wife and husband; and CHRISTINA MARl
WALKER and JAMES MADISON WALKER, wife and husband ("Indemnitee") .
R E C I TAL S EXCISE TAX eXEMPT DEe 2 31999
A. Indemnitee was the owner of Property located in
Bremerton, Washington and legally described as set forth on Exhibit
A hereto (the "Property");
B. The Property is contaminated with hazardous substances in
excess of levels permitted by the Washington State Department of
Ecology (the "Department of Ecology") .
. "
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of ,5" ~rie M b-<,;-1998, by
and between the City of Bremerton, a municipal corporation (the "Seller") d Rodney R. Parr
and Linda J. Parr, husband and wife (the "Purchaser").
I. RECITALS
A. Seller is the owner of the Land and Improvements (as defined below) located in Kitsap
County, Washington.
B. Seller desires to sell and Purchaser desires to purchase the Land and Improvements upon
the terms and conditions hereinafter set forth for the intended purpose of the sale of new and
used automobiles and related repair and servicing.
II. AGREEMENT
NOW, THEREFORE, based upon the mutual considerations set forth herein, Seller and
Purchaser agree as follows:
1. Definitions. For purposes of this Agreement:
"Agreement" means this Agreement and all Exhibits and Schedules thereto, and
incorporates herein by reference, as if fully set forth, the City's Request for Proposals to Purchase
Municipal Property at State Highway 3 and Oyster Bay Avenue, and Buyer's Response submitted
March 2, 1998, less financial information provided by Buyer. In the event of a conflict between
provisions in the Request For Proposal, Response, or this Agreement, the terms of this Agreement
shall control.
"Closing" and the "Closing Date" have the respective meanings assigned thereto in Section
6.1 hereof;
"Earnest Money" has the meaning assigned thereto in Section 5 hereof;
"Improvements" means all of the City's interest in improvements which the City has an
interes which are located on the Land;
"Land" means the land described in Exhibit "A" hereto;
"Permitted Exceptions" has the meaning assigned thereto in Section 7.3 hereof;
"Purchase Price" has the meaning assigned thereto in Section 3.1 hereof;
1
F: \0??oo-09999\01269\0 1269.IlOOO7\AGREEMENTSIMAHROO7
"Property" means the Land and all Improvements, Seller's interest in any offsite easements,
covenants and other rights appurtenant to the Land;
"Title Company" shall be Land Title ofK.itsap County; and
"Title Policy" has the meaning ascribed thereto in Section 10.5 hereof.
2. Contract of Sale. On the Closing Date, Seller shall sell the Property to Purchaser and
Purchaser shall purchase the Property from Seller, at the price and upon the terms and conditions
set forth in this Agreement.
3. Purchase Price: Payment Terms.
3.1 Purchase Price. The purchase price (the "Purchase Price") to be paid for the
Property shall be One Million, Nine Hundred Ninety-Three Thousand, Three Hundred and Five and
60/100's Dollars ($1,993,305.60).
3.2 Payment Terms. Purchaser shall pay the entire purchase price at closing. Purchaser
shall receive a credit against the purchase price as provided in paragraph 4.1 herein.
4. Post Closing Performance. As a material inducement to Purchaser's execution of this
Agreement, Seller agrees to perform the following post-closing obligations:
4.1 Relocation of Existin.: Utility Lines. Vacation of Ri~ts of Way and Retention of
Easements. Seller shall, at Seller's sole expense, reroute from the right of way of "G" Street to the
former right of way for "H" street on the Property the sanitary sewer line. Upon rerouting the
above identified sanitary sewer line, Seller shall cap and abandon the existing sanitary sewer line in
"G" Street in compliance with all applicable law, and vacate the "G" Street right-of-way and all
easements in favor of the Seller therein to Purchaser, retaining as necessary easement rights for
existing utility lines and utility lines to be relocated by the Seller pursuant to this paragraph. Upon
application by Purchaser consistent with the terms of this Agreement, Seller shall further approve
and permit Purchaser's relocation, at Purchaser's sole expense, of the existing 18 inch diameter
storm water line from the right of way of "E" Street on the Property to a new location under and
along existing Oyster Bay A venue and tying into the existing storm water line within the right of
way of "c" Street, using comparable 18 inch pipe. This relocation shall be in accordance with City
design and construction standards prior to City approval. Purchaser shall receive at closing a
$55,000.00 credit against the purchase price for undertaking the relocation ofthis storm water line.
4.2. Off site Stormwater Detention Pond. Seller shall approve the relocation of the
existing stormwater detention pond (the "Northpond") at the North end of the Property (parcel 007-
00) into an off site, Purchaser built and maintained combined detention facility (the "Combined
Pond") on Seller's adjacent property with stormwater improvements located as shown in Exhibit
"B". The Combined Pond will be sized to accommodate stormwater from the Northpond and
stormwater generated from the Property, with additional capacity to accommodate stormwater
generated by Seller from Seller's adjacent property, based upon the following:
2
F:\OOOOO-09999\O 1269\0 1269 .OOOO7\AGREEMENTSIMAHROO7
4.2.1. Capacity. The Combined Pond will have an estimated capacity of 80,000
cubic feet of storage, subject to final design review.
4.2.2. Release Rates. The Combined Pond release rates are based on existing storm
water runoff for the previous residential development on the Property. Taking into account that
previous runoff, the estimated storm event release rates shall apply:
Storm Event
2 year, 24 hour
10 year, 24 hour
100 year, 24 hour
Release Rate
4.3 cfs
6.9 cfs
10.7 cfs
4.3 Si~ Awroval. Upon application by Purchaser consistent with the terms of this
Agreement, Seller shall approve and permit onsite signage at the Property as described below and
in Exhibits C through G.
QJlantity
Description
Exhibit
2
2
4
1
3
Ford Brand Sign
Mazda Brand Sign
Stone Entrance Sign
Electric Readerboard Sign
Used Car Superstore Signs
adjacent to southbound onramps
adjacent to State Route 3
C
D
E
F
G
Upon application by Purchaser consistent with the terms of this Agreemen~ Seller shall
further permit and obtain all necessary approvals for the following offsite sign described in Exhibit
"H" herein, located as shown in Exhibit "I":
QJlantity
Description
Exhibit
1
Auto Center Directional Sign at the
NW comer of Auto Center Way
and Loxie-Eagan
H
Approval of the above described signs and locations is subject only to site plan approval
relating solely to public safety issues relative to the physical location of signs. The City does not
represent compliance with requirements of other jurisdictions, including appeal of City decisions.
4.4 Relocation of Earthen MOllnd!VGrarli"i and Maintenance of Freeway Berm. Seller
shall use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all
3
F:\OOOOO-09999l0 1269\0 1269. OOOO7lAGREEMENTSlMAHROO7
required permits and approvals from the State of Washington and any other authority necessary to
allow grading and landscaping at Purchaser's expense of three existing earthen mounds, in
accordance with the Grading and Landscaping Plans attached in Exhibit "J." Seller shall further
use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all required
permits and approvals from the State of Washington and any other authority to allow clearing,
grading and landscaping, with Purchaser's continuing maintenance of the benn located adjacent to
the Property in the right of way boundaries of State Route 3, in accordance with the Grading and
Landscaping Plan attached as Exhibit J.
4.5 Survival: Remedies: Injunctive ~ The post-closing obligations imposed upon
Seller under this Section 4 shall survive closing. The parties agree that Seller's failure to use
absolutely all best efforts to complete Seller's post closing obligations could cause irreparable
damage to Purchaser. Consequently, Seller agrees that in the event of Seller's failure to use
absolutely all best efforts and devote all available resources to the completion of Seller's post
closing obligations under of this Agreement, Purchaser or Seller may, at its option, in addition to
any other remedies provided by law or othenvise, apply to any court of competent jurisdiction for
the entry of an immediate order to restrain or enjoin such failure or breach of said provisions and to
otheIWise specifically enforce the provisions of this Agreement. Seller and Purchaser hereby
expressly waive the claim or defense in any such action that Purchaser or Seller has an adequate
remedy at law or in damages. Notwithstanding the foregoing, Purchaser may, at Purchaser's option,
also sue to rescind the sale and recover damages, or exercise any other remedies available at law or
in equity.
4.6 Limitation of Offsite Improvement Costs. Purchaser and Seller acknowledge that
proposed traffic improvements exist for the intersection of Oyster Bay Avenue and Werner Road
(the "Intersection Improvements") identified in a Traffic Study dated March, 1997 (the "Traffic
Study"), prepared by Parametrix, Inc. Purchaser recognizes that development of the Property will
impact the intersection and that construction of the Intersection Improvements (generally including
street widening, turn lanes, signalization, street lighting, sidewalks and drainage) wi.ll benefit the
Property. Purchaser further acknowledges that the City is developing improvements to the Werner
road corridor including the Intersection Improvements based upon certain "interim improvements"
identified in the Traffic Study. Seller agrees that Purchaser's future prorated share of the
Intersection Improvement's costs shall not exceed 4.0%. Purchaser agrees that payment of the
prorated Intersection Improvement costs shall be due upon either 1) approval of the first building
pennit for development of the Property, or 2) within 30 days of award of a public works contract
for construction of the Intersection Improvements, whichever occurs first unless a mutually
agreeable alternative is agreed to in writing.
This section in no way limits or modifies the Buyer's responsibilities for any other on-site
or off-site improvements costs associated with development of the Property pursuant to Ordinances
and Policies.
5. Earnest Money. Upon joint execution of this Agreement by both Seller and
Purchaser, Purchaser shall deliver to Closer (as defined in paragraph 6) a check payable to the
4
F: \0??oo-09999\0 1269\0 1269. 00007\AGREEMENTSIMAHROO7
order of Seller, in the amount of Ten Thousand and no/l00's Dollars ($10,000) (the "Earnest
Money"). Such payment shall be credited against the Purchase Price at Closing.
6. Closing; Deliveries at Closing.
6.1 Time and Place. The closing of the transactions contemplated by this Agreement
(the "Closing") shall occur no later than 30 days following joint execution of this Agreement (the
actual date of Closing being referred to herein as the "Closing Date"). Closing shall take place
through an escrow at the offices of Land Title of Kitsap County (the "Closer").
6.2 Seller's Deliveries at Closin~. At Closing, Seller shall deliver to Purchaser the
following items:
(a) a statutory warranty deed complying with RCW 64.04.030, conveying the
Property free and clear except for the Permitted Exceptions;
(b) any necessary resolutions or authorizations of Seller authorizing the sale of
the Property to Purchaser and the execution and delivery of the deed and all other documents and
instruments to be executed by Seller pursuant to this Agreement; and
6.3 Purchaser's Deliveries at Closini. At Closing, Purchaser shall deliver to Seller the
Purchase Price, and any documents required by this Agreement to be delivered by Purchaser.
6.4 Possession. Purchaser shall be entitled to full and complete possession of the
Property at Closing.
6.5 Prorations. At Closing the following items shall be prorated between the Seller and
Purchaser as of 12:01 A.M. on the date of Closing, and the Purchase Price shall be adjusted
accordingly:
(a) real estate taxes; and
(b) charges for water, sewer, steam, gas, electricity and other utility services and
cable television services, if any, on the basis of the fiscal period for which assessed or charged,
except that if any of such utility services are metered, apportionment at Closing shall be based on
the last available reading, subject to adjustment after Closing when the next reading is available;
6.6 Closin~ Costs. Seller shall pay the real estate excise tax and sales tax applicable to
the sale of the Real Property and the Personal Property and the conveyance of title to Purchaser, the
premium for the Title Policy and one-half of the escrow fees. Purchaser shall pay one-half of the
escrow fees. Each party shall bear its own attorneys' fees.
6.7 Demolition. Prior to Closing, Seller shall demolish and clear all existing structures
and debris located on tax parcel no. 4502-028-011-0003, address 1203 Bayview Drive, Bremerton,
Washington 98312. Purchaser agrees to accept the Property at closing with the existing structure in
5
F:\OOOOO-09999\O 1269\0 1269,QOOO7\AGREEMENTSIMAHROO7
place at tax parcel number 4502-021-001-0000, address 904 Oyster Bay Avenue, Bremerton
Washington 98312, and accepts the structure located thereon in "AS IS" condition.
7. Title Examination.
7.1 Title Re.port. As soon as possible, and in any event within twenty-one (21) calendar
days after this Agreement has been executed by both Seller and Purchaser, Seller shall obtain from
the Title Company a current preliminary commitment for an ALTA standard coverage owner's
policy of title insurance (the "Title Report") covering the Property (showing Seller as the owner of
the Property) and a copy of all instruments referred to in said Title Report. The Title Report and
instruments shall be delivered to Purchaser by Seller immediately upon receipt.
7.2 Purchaser's Review. Purchaser shall have twenty (20) days (the "Review Period")
after its receipt of the Title Report to give notice to Seller of its approval of any exceptions listed on
the Title Report. Exceptions specifically approved by Purchaser shall be deemed to be Permitted
Exceptions (as that term is defined in Section 7.3). All exceptions as to which Purchaser does not
give notice of approval within the Review Period shall be deemed to have been rejected, by
Purchaser. If Seller does not, within ten (10) days after the expiration of the Review Period, give
notice to Purchaser that Seller shall prior to closing remove all exceptions rejected by Purchaser
(exceptions evidencing or securing liquidated obligations to pay money which Purchaser is entitled
to remove at Closing pursuant to Section 7.3 hereof), then this Agreement shall automatically be
terminated and Seller or Closer, as the case may be, shall immediately return the Earnest Money to
Purchaser.
7.3 Condition of Title at Closine. Seller shall convey and Purchaser shall accept a good
and marketable title in fee simple, free and clear of all liens and encumbrances, easements,
restrictions, conditions, covenants, rights, rights-of-way, and other matters, subject only to the
following ("Permitted Exceptions"): (a) the rights and reservations expressed in the U.S. Patent to
the Land; (b) the lien of current real estate taxes not yet due and payable; (c) usual. and ordinary
public utility easements for gas, electric, water, sewer, cable television and other utility lines,
except to the extent Purchaser in its reasonable judgment determines such easements to be
inconsistent with the Purchaser's proposed use of the Property and except any such utility
easements or utility lines located with the identified rights of way of "E" Street and "G" Street; (d)
zoning regulations and ordinances general to the district in which the Property is located which are
not violated by the present use or Purchaser's proposed use of the Property; (e) the disclosure,
waiver and release form attached hereto as Exhibit "K", and (f) such other title exceptions as may
be approved by Purchaser in accordance with Section 7.2. In the event that Seller shall have failed
as of Closing to remove any title exception, other than a Permitted Exception, evidencing or
securing a liquidated obligation to pay money, Purchaser may elect to terminate this agreement
8. Seller's Representations and Warranties. Seller represents and warrants to Purchaser as
follows:
6
F, \0??oo-09999\0 1269\0 I 269.00001\AGREEMENTSIMAHROO7
8.1 Authority. Seller has the power to own all of its properties and assets and to carry
on its business as presently conducted. The execution, delivery and performance of this Agreement
has been duly and validly authorized by all necessary action of Seller and this Agreement is a valid
and binding obligation of Seller, enforceable against Seller in accordance with its terms.
8.2 :[itk. To the best of Seller's knowledge, there are no liens, encumbrances, leases,
security interests, easements, rights-of-way, charges, adverse claims, management agreements,
continuing contracts or other exceptions to title affecting title to the Property other than those
itemized in paragraph 7.3 herein.
8.3 No Defaults in Other A~eements. Neither Seller nor (to the best of Seller's
knowledge) any other party is in default under any agreement affecting the Property, and no event
exists which, with the passage of time or the giving of notice or both, will become a default
thereunder on the part of Seller or (to the best of Seller's knowledge) any other party thereto.
8.4 Compliance with Laws. Seller has no notice or knowledge that the Property or its
operation or use has failed to comply with any law, ordinance, regulation or order.
8.5 Physical Condition. Seller has no knowledge of any structural defects in the
improvements comprising any portion of the Property.
8.6 Environmental Compliance. To the best of Seller's knowledge after due and diligent
inquiry, no Hazardous Materials (as hereafter defined) are located on or about the Property.
Further, to the best of Seller's knowledge (i) the Property has not been previously used for the
storage, manufacture or disposal of Hazardous Materials; (ii) no complaint, order, citation or notice
with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any
other environmental health or safety matters affecting the Property, or any portion thereof, from any
person, governmental authority or other entity, has been issued to Seller or, to the best of Seller's
knowledge, after due and diligent inquiry, its predecessor-in-interest or any tenant on the Property
except for issues relating to the Metcalf and Eddy litigation; (iii) there are no underground storage
tanks located on the Property; (iv) Seller has complied with all federal, state and local
environmental laws and regulations affecting the Property; and (v) to the best of Seller's
knowledge, no tenant located on the Property uses, manufactures or stores Hazardous Materials on
the Property in violation of law.
"Hazardous Materials" means any item included in the definition of hazardous or toxic
waste, materials or substances under any present local, state and federal law relating to the
environment and environmental conditions.
8.7 Zonin~. The Property is currently zoned and will remain after closing to be zoned
for Purchaser's intended use of the Property for retail sales of new and used automobiles and
related services.
9. Seller's Covenants. From and after the date of this Agreement and continuing through
Closing, Seller agrees with Purchaser as follows:
7
F:\QOOOO-09999\O 1269\0 1269 .OOOO7lAGREEMENTSIMAHROO7
9.1 Risk of Loss. Seller shall retain the risk of loss to the Property by fire or other
casualty until the deed of conveyance is delivered to Purchaser. If a loss occurs, Purchaser may
elect to proceed with Closing, in which event Seller shall assign to Purchaser all of Seller's rights to
insurance proceeds payable in respect of such loss, including the sole right to settle or approve the
settlement of any insurance claim, and the Purchase Price shall be reduced by the amount of any
deductible and by the amount of any proceeds paid to Seller that are not used for repair and
restoration of the Property in a manner approved by Purchaser. Purchaser shall have twenty (20)
days after notice of the event to notify Seller as to whether Purchaser elects to proceed with
Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide
Purchaser with all information reasonably necessary to evaluate the loss.
9.2 Eminent Domain. If all or any part of the Property is condemned or if
condemnation proceedings are instituted, Purchaser may elect to proceed with Closing without an
adjustment in price, in which event Seller shall assign to Purchaser all its rights to the
condemnation proceeds, including the sole right to settle or approve the settlement of any
condemnation award. Purchaser shall have twenty (20) days after notice of the institution, of
condemnation proceedings to notify Seller as to whether Purchaser elects to proceed with Closing.
During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser with
all information reasonably necessary to evaluate the scope of the condemnation proceedings.
9.3 R~resentations and Warranties at Closine. Seller shall use its best efforts to ensure
that the representations and warranties of Seller contained in this Agreement are true and correct as
of Closing. Seller shall promptly notify Purchaser if any of such representations and warranties
become untrue or incorrect prior to Closing.
10. Conditions to Purchaser's Obligation to Close. In addition to any contingencies listed in
Section 6 above, the obligation of Purchaser to close hereunder shall be subject to the satisfaction of
the following conditions (all or any of which may be waived, in whole or in part bY,Purchaser in
writing):
10.1 R~resentations and Warranties True at Closin~. The representations and
warranties made by Seller in this Agreement shall be true in all material respects as of Closing with
the same force and effect as though such representations and warranties had been made or given on
and as of the date of Closing.
10.2 Compliance with A~eement. Seller shall have performed and complied with all its
obligations under this Agreement which are to be performed or complied with by it prior to or at
Closing.
10.3 No Damage to Property. The physical condition of the Property shall be as required
by this Agreement.
1 0.4 ~. Title to the Land and Improvements shall be good and marketable in fact and
of record, subject only to the Permitted Exceptions.
8
F:\OOOOO-09999\O 1269\0 1269. 00007\AGREEMENTSIMAHROO7
10.5 Title Policy. The Title Company shall be irrevocably committed to issue to
Purchaser an AL T A standard coverage owner's policy of title insurance, with such reinsurance as
Purchaser may reasonably request, in an amount not less than the Purchase Price, insuring
Purchaser's good, marketable and indefeasible title to the Real Property in fee simple absolute,
subject only to the Permitted Exceptions and standard printed exceptions contained in the ALTA
standard coverage owner's policy form (the "Title Policy").
10.6 No Condemnation. There shall be no pending or threatened condemnation or taking
of any part of the Real Property or any means of ingress or egress thereto, other than a minor street
widening, or other immaterial taking, which, in Purchaser's judgment, does not adversely affect the
Real Property.
11. Conditions to Seller's Obligation to Close. The obligation of Seller to close hereunder
shall be subject to satisfaction of the following conditions (all or any of which may be waived, in
whole or in part, by Seller in writing):
11.1 R~resentations and Warranties True at Closina. The representations and
warranties made by Purchaser in this Agreement shall be true in all material respects as of Closing
with the same force and effect as though such representations and warranties had been made or
given on and as of the date of the closing.
11.2 Compliance with A~eement. Purchaser shall have performed and complied in all
material respects with all its obligations under this Agreement which are to be performed or
complied with by it prior to or at Closing.
12. Broker/Consultant. Seller represents to Purchaser that Seller has engaged Pollock &
Company as consultant in connection with this transaction, and that Seller is solely responsible for
all fees associated with the services of Pollock and Company as consultant. Seller and Purchaser
jointly represent to each other that neither has engaged the services of a real estate agent or broker
in this transaction to whom any real estate commission might be due.
13. Failure of Seller or Purchaser to Perform.
13.1 Purchaser's Remedies. If Seller shall default in the performance of its obligation
under this Agreement to sell the Property to Purchaser, then Purchaser shall have the right to either
(i) institute an action for all damages suffered by Purchaser, including without limitation, the loss of
its bargain, or (ii) institute an action for specific performance to enforce Seller's obligation under
this Agreement to convey title to the Property and for incidental damages.
13.2 Seller's Remedies. If Purchaser shall default in the performance of its obligation
under this Agreement to purchase the Property from Seller, then Seller shall have the right to retain
the Eamest Money as liquidated damages for all damages suffered by Seller, including without
limitation, the loss of its bargain, which shall be Seller's sole and exclusive remedy.
9
F:\OOOOO-09999IO 1269\0 1269.00007\AGREEMENTSIMAHROO7
14. Termination. This Agreement may be terminated only by the mutual written consent of
the parties. In the event of such termination, all obligations of the parties to each other shall
terminate and the Earnest Money Note shall promptly be returned to Purchaser.
15. Indemnification. Seller and Purchaser agree to indemnify each other and hold each other
harmless against and in respect of any loss, damage, liability, deficiency, cost or expense (including
reasonable attorneys' fees), whether direct, contingent or consequential, which Purchaser or Seller
may sustain or incur as the result of any misrepresentation, breach of warranty or non-fulfillment of
any covenant or agreement on the part of Seller or Purchaser under this Agreement.
16. Miscellaneous Provisions.
16.1 Survival. The representations, warranties, covenants, indemnities and other.
obligations of Seller set forth in this Agreement shall survive Closing and the delivery of the deed
by Seller.
16.2 Counteq>arts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
16.3 Time of the Essence. Time is of the essence of this Agreement.
16.4 Attorneys' Fees. In the event of a dispute arising out of the interpretation or
enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees.
16.5 Entire A~eement: Amendment. This Agreement sets forth the entire agreement of
. the parties as to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Agreement may not be amended or rescinded in any marmer except by an
instrument in writing signed by a duly authorized officer or representative of each party hereto.
16.6 Severability. Should any of the provisions of this Agreement be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and
the remainder of this Agreement shall nonetheless remain in full force and effect. unless striking
such provision shall materially alter the intention of the parties.
16.7 Notices. All notices or requests required or permitted under this Agreement shall be
in writing; shall be personally delivered or sent by certified mail, return receipt requested, postage
prepaid; shall be deemed given when so delivered or mailed, irrespective of whether such notice or
request is actually received by the addressee, and shall be sent to the parties at the addresses set
forth adjacent to their signatures below. Either party may change the address to which notices shall
be sent by notice to the other party.
16.8 Successors and Assi~s. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their respective successors and assigns. Purchaser shall have the
absolute right to assign its rights and responsibilities under this Agreement to any entity in which
10
F:\OOOOO-09999\O 126910 1269.00007lAGREEMENTSIMAHROO7
Purchaser is the majority owner. The term "Purchaser" as used in this Agreement shall be deemed
to include the assignee under any such pennitted assignment.
16.9 Governini Forum. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Washington. Jurisdiction and exclusive venue
shall be in Kitsap County Superior Court.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
SELLER:
CITY OF BREMERTON
PURCHASERS:
BY:~ .4. -,j.,~
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LINDA J. PARR :;
Address:
Address:
c/o Parr Ford, Inc.
PO Box 399
Bremerton, WA 98337-0082
11
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LIST OF EXHIBITS AND SCHEDULES
EXHIBITS
A Legal Description
B Drawing and Specifications for Stonnwater Detention Facility
C Ford Brand Sign
D Mazda Brand Sign
E Stone Entrance Sign
F Electric Readerboard Sign
G Offi'amp Signs
H Oyster Bay Avenue Sign
I Sign Location Map
J Landscaping Design
K Disclosure and Waiver Notice
12
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EXHffiIT A
LEGAL DESCRIPTION
13
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Legal Descriotion " '. ; , " " /,," ~,' '
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(1) Blocks 14, 20, 21, 24, 25 and 28, Plat of Bremerton
Heights, as per plat recorded in .Volume 3 of Plats,
Page 41, Records of Kitsap County, Washington.
(2)
Lot 22, Block 28, Plat of Bremerton Heights, as
plat recorded in Volume 3 of Plats, Page
Records of Kitsap County, Washington;
per
41,
Except that portion conveyed to the State of
Washington under Auditor's File No. 991125.
(3) Lots 12 and 23, Block 25, Plat of Bremerton
~eights, except that portion conveyed to the State
of Washington for highway purposes under Auditor's
File No. 1000761; and except the north 10 feet of
said Lot 12, as per plat recorded in Volume 3 of
Plats, Page 41, Records of Kitsap County,
Washington.
(4) Bremerton Heights (1203 Bayview) :
Lots 11 and 12, Block 28, Bremerton Heights,
according to the Plat recorded in Volume 3, Page
41;
Except that portion of
State highway.
above property taken
.
for
Lot 23, Block 28, Bremerton Heights, according to
Plat recorded in Volume 3, Page 41, Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
Lot 24, Block 28, Bremerton Heights, according to
Plat recorded in Volume 3, Page 41, Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
6
EXHIBIT "B"
APPOXIMATE VOUME · 80,000 C.F.
SIZED TO REPLACE TIm WEST HILLS DETENTION
POND AND TO PROVIDE DETENTION FOR TIm
SURPLUS PROPERTY AND FUTURE TREATMENT
PLANT EXPANSION.
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EXHIBIT "F"
I'm 30 '98 10: 46Ft'! I-A'lSClM SIGN CO INC
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/'1=lR 30 '98 12: 04PM Ii=lNSON SIGN CO INC
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April 28, 1998
PROPOSED SIGN LOCATIONS
(A) 3- USED CAR SIGNS
(B) 2- FORD BRAND SIGNS
(C) 2- MAZDA BRAND SIGNS
(D) 1- ELECTRIC READERBOARD SIGN
(E) 4- DRIVEWAY ENTRANCE SIGNS
(F) AUTOCENTER DIRECTIONAL SIGN
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"'IH/14/19t;lS 17: It:. ;'6134785161
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BREMERTO~~ LEGAL DEPT
P~~GE I) ~
DISCLOSURE, WAIVER AND RELEASE
Buy.r taleM the Proptrtys
lubJeet toth. City of Br8l1llrtOD'. operation oCtile Waat. Water Treatment Plant
(WW'rP) loeaW ID the vicinity of thl Property. Buyer i. aware. and
ackDowW", that tbe pal" optratloll' or the WWTP reault.d In law.uitl filed by
nlllhbort Uvllll Oil prop.rd. OD or near the lubJ.ct property. Buyer. lt~
.ueotllOrt and .""1. benby walv.. and rei..... tbe City, ItI employeel, aa1nta
aad contra~ton or othe... .edltl hi the lawful operatloD '01 thl wwrP, Collection
.,.t... lad Utility, from lay claim., clamll" or UablUty of any alture arl.lna
from .aId optratlolla, whither laid claim. are tor action. In tbe pdt or oeeurrfna
in the futare. '
c. The City has negotiated and agreed upon terms of an
Agreed Order (the "Agreed Order") with the Department of Ecology
pursuant to which the Property will be remediated to a condition
that will allow its development and use for park and recreational
purposes.
D.
Simultaneous
with
the
parties'
execution
hereof
Indemnitee has transferred and conveyed to the City all of its
right, title and interest in and to the Property.
E. The parties wish to state their understanding regarding
their respective rights and responsibilities for future testing and
remediation, as well as potential claims, damages and expenses
relating to contamination of the Property by hazardous substances
that may be present on the Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the City
agrees as follows:
1. Definitions. The following terms have the following
meanings:
"Hazardous Materials" means any
(a) oil, petroleum products, flammable
substances, explosives, radioactive materials,
hazardous wastes or substances, toxic wastes
or substances or any other wastes, materials
or pollutants which (i) pose a hazard to the
Property or to persons on or about the
Property or (ii) cause the Property to be in
violation of any Hazardous Materials Laws;
(b) asbestos in any form which is or could
become friable or which is deemed hazardous
under any applicable law.
Jlt l.r I r l~tTIIJ~
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(c) chemical, material or substance defined as
or included in the definition of "hazardous
substances", "hazardous wastes", or words of
similar import under any applicable local,
state or federal law or under the regulations
adopted or publications promulgated pursuant
thereto, including, but not limited to, the
Comprehensive Environmental Response,
Compensation and Liability Act of .1980, as
amended, 42 D.S.C. 1801, et seq.; and any
substance designated as a "hazardous
substance" under RCW Chapter 70.1050;
(e) any other chemical, material or substance
which mayor could pose a hazard to the
environment.
"Hazardous Materials Claims" means
any and all enforcement, cleanup, removal,
remedial or other governmental or regulatory
actions, agreements, or orders threatened,
instituted or completed regarding hazardous
materials on the Property or hazardous
materials that originate on the Property and
migrate off the Property.
2. Remediation Responsibility. The City will, at its
sole cost and expense, perform or cause to be performed, such
investigation, monitoring, cleanup and remediation measures as are
required by the Agreed Order, including future amendments thereto.
3. Indemnity. Th€\ City shall protect, defend, indemnify
I
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and hold Indemnitee harmless from and against any and all costs and
expense of remediating the Property pursuant to the Agreed Order
and for Hazardous Materials Claims. All of the City's obligations
in this Paragraph 3 run in favor of the Indemnitee, its directors,
officers, employees and agents.
1IIIIIIIIIll
LAHO'tITLE CO AG1T te9. de
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4. Notice of Claim. Indemnitee shall not be entitled to
the protections of this Agreement unless within the lesser of (i)
ten (10) days after discovery of or receipt of any notice or order
from a regulatory agency or any claim asserting the Property or any
adjoining property requires investigation, cleanup, or monitoring
of Hazardous Materials, or (ii) such shorter period of time as will
allow to the City the benefit of any defense to the claim or allow
the City the opportunity to respond to the claim in a timely
fashion, Indemnitee shall provide written notice to the City of the
notice, order, or claim and its demand that the City honor the
terms
of
this
Indemnification Agreement,
along with
all
correspondence, reports, and other documents or information
concerning the notice, order, or claim wi thin the possession,
custody, or control of Indemnitee. The City shall have a period of
fifteen (15) days from its actual receipt of the notice and
information in which to evaluate the claim and information
provided, and to accept or reject the tender by written response
with a copy to Indemnitee. The City's failure to respond within
that period shall be deemed rejection of the claim.
5. Riqht to Control Remediation and Defense. Subject
to the terms of the Agreed Order, the City shall have the right to
conduct the remediation in the manner of its choosing, in its sole
discretion. The City shall have the right to speak for Indemnitee
under this Agreement in any contact, negotiation, settlement, or
Ii tigation with the Washington Department of Ecology or other
j ,001111.(') II
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Kitsap Co, I-JA
agency or claimant concerning any claim to which this Indemnity
applies. The City shall have the right to appoint counsel and
control the defense of any litigation or other proceeding to the
extent this Indemnity applies thereto.
6. Notices. All notices, demands, consents, approvals
and other communications which are required or desired to be given
by either party to the other hereunder shall be in writing and
shall be hand delivered or sent by United States Certified mail,
postage prepaid, addressed to the appropriate party at its address
set forth below, or at such other address as such party shall have
last designated in writing.
To the City:
City Clerk
239 4th Street
Bremerton, Washington 98337
(360)478-5290
City Attorney
239 4th Street
Bremerton, Wa. 98337
To Indemnitee:
John F. Mitchell
Sanchez, Paulson, Mitchell & Laurie
4110 Kitsap Way, Suite 200
Bremerton, Washington 98312-2401
(360)479-3000
7. M1sce11aneous.
a. Governing Law. This Agreement shall be governed
and construed in accordance with the laws of Washington. The venue
for any legal action commenced shall be in Kitsap County Superior
Court.
b. Entire Agreement. This Agreement constitutes the
Ilfl,IIIIL
LArI) TITLE ~O AS ',' t2IUS
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Kitsap Co, WA
entire Agreement between the parties and cannot be changed or
modified other than by a written agreement executed by both
parties.
c. Counterparts. This Agreement may be executed in
more than one counterpart, each of which shall be deemed an
original.
d. Authority. The parties each represent and
warrant that they have full power and actual authority to enter
into this Agreement and to carry out all actions required of them
by this Agreement.
Any person executing this Agreement in a
representative capacity hereby represents and warrants that he or
she has full power and authority to bind his or her private
corporation.
e. Equal Participation in Drafting and Violation of
Indemnitee Warranties. The parties have participated in and have
had an equal opportunity to participate in the drafting of this
Agreement. Each party hereto has been represented by an attorney of
their choice . No ambiguity shall be construed against any party
based on a claim that the party drafted the ambiguous language.
Additionally, the City is relying on all of the warranties,
disclosures and representations of Indemnitee in executing this
Agreement.
The City's duty to indemnify and defend under this
Agreement or the Real Estate Purchase and Sale Agreement is null
and void if the Indemnitee representations, disclosures or
warranties are violated.
LRmj,(I"III~Tnl r
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Kitsap Co, I-JA
Date: !O!Z<i!C;,
Date: /01.;1,9/99
, ,
Jliollll~.' II
INDBMNITEB
B
TBB CITY OF BRBMBRTON,
a Municipal corporation
By I~ '/- ~f
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REMEDIATION AND INDEMNIFICATION
AGREEMENT - 7
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On this c:a2.tA> day of (~-'~.,.,.A) , 19 qtf , before
me personally appeared LYNN HdR-!ON. to me known to pe the MAYOR of the
corporation that executed the within and foregoing instrument. and
acknowledged the said instrument to be the free and voluntary act and deed
of said corporation for the uses and purposes therein mentioned, and on
oath stated that SHE IS authorized to execute said instrument.
{lM 'F~' ~--I1
State of
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Kitsap Co, \.lA
STATE OF WASHINGTON )
( ss
COUNTY OF K1TSAP )
On this 29th day of November, 1999, before me personally appeared JOHN F. MITCHELL,
who executed the within instrument as Attorney in Fact for BLANCHE S. L. BUNDY and
CLIFFORD BUNDY, husband and wife, and acknowledged to me that he signed and sealed the
same as his free and voluntary act and deed as attorney in fact for Mr. and Mrs. BUNDY for the
uses and purposes therein mentioned and on oath stated that the Power of Attorney authorized in the
execution of this instrument has not been revoked and that the said BLANCHE S. L. BUNDY and
CLIFFORD BUNDY are now living and are not incompetent.
GIVEN under my hand and official seal the day and year last above written..
"""IIII1/II1t/// V'Y\ Lll) MAQ.' M R~~
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~ "r'" .......... '7'1 ~uPLANIE G. RABY
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g ~ /" 01 A Fl ;\ ~ ~OT AR Y PUBLIC in and for the state of
~ i ~.17.2001 \ Washington, residing at Bremerton
% ~ \ ,b u 'v j ~ 'y commission expires: April 17 , 2001
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3227935
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Kitsap COI WA
f. Effective Date. The Effective Date of this
Agreement shall be the date this Agreement.
Date:.r lit( '1}
Date: L ;:.2/4(9:1
Date:
llllllltrrlJJ
INDEMNITEE
REVOCABLE
WILLIAM L. TAGG REVOCABLE TRUST
By
WILLIAM L. TAGG, TRUSTEE
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Kitsap Co, WA
, .,
I' .
EXHIBIT A
FILE NO. E-1332B1
ESCROW NO:S-12930-CA
~~:~yO~F ~~~
On this 1l..t/t1 day of ~ , 19 qq , I certify
that I know or have satisfactory evidence that LLOYD H. LOFTUS AND FRANCESCA
LOFTUS, TRUSTEES OF THE LOFTHUS FAMILY REVOCABLE TRUST, who appeared before
me, and said person acknowledged that THEY signed this instrument and
acknowledged it to be their free and voluntary act, as Trustee, for the uses
and purposes mentioned in th s instru t.
STATE OF
COUNTY OF
On this day of , 19_____,1 certify
that I know or have satisfactory evidence that WILLIAM L. TAGG, TRUSTEE OF
THE WILLIAM L. TAGG REVOCABLE LIVING TRUST DATED JULY 23, 1990, who appeared
before me, and said person acknowledged that HE signed this instrument and
acknowledged it to be his free and voluntary act, as Personal Representative,
for the uses and purposes mentioned in this instrument.
Notary Public in and for the State of
Residing at:
My Commission expires:
Jll'II~ItTIJ'
3227935
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Kitsap Co, I-JA
, 'I
f. Effective Date. The Effective Date of this
Agreement shall be the date this Agreement.
Date:
Date:
Date: &:~
LllJ IIII_'T~I"
, 'I
INDEMNITEE
LOFTHUS FAMILY REVOCABLE TRUST
By
LLOYD H. LOFTHUS, TRUSTEE
By
FRANCESCA LOFTHUS, TRUSTEE
WILLIAM L. TAGG REVOCABLE TRUST
By M~L-= · ~ ::r~
WILLIAM L. TAGG, TRUSf'E
3227935
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Ki tsap Co, I.IA
BDIBIT A
FILE NO. E-133281
ESCROW NO:S-12930-CA
STATE OF
COUNTY OF
On this day of , 19 ,I certify
that I know or have satisfactory evidence that LLOYD H. LOFTUS AND FRANCESCA
LOFTUS, TRUSTEES OF THE LOFTHUS FAMILY REVOCABLE TRUST, who appeared before
me, and said person acknowledged that THEY signed this instrument and
acknowledged it to be their free and voluntary act, as Trustee, for the uses
and purposes mentioned in this instrument.
Notary Public in and for the State of
Residing at:
My Commission expires:
stTB OF ~~mtQ
COUNTY OF _tl ~-QO
On this ~ day of ])E'CQt1\be:r ,19Q.Q,I certify
that I know or have satisfactory evidence that WILLIAM L. TAGG, TRUSTEE OF
THE WILLIAM L. TAGG REVOCABLE LIVING TRUST DATED JULY 23, 1990, who appeared
before me, and said person acknowledged that HE signed this instrument and
acknowledged it to be his free and voluntary act, as Personal Representative,
for the uses and purposes mentioned in this instrument.
, ~\1lGi~
01-Q40b3
Notary Public in and for
Residing at: \\~7 om~
My Commission expires:
J~ A ~ . A . . . ~BA~;R~;EA~~N. ~ A ~ (
... . COMM. .1235801 m
m Notwy PubUc-C1Mfomla 0)
ii1 SAN MATEO COUNTY :r
My Carrn. Exp. Oct 24, 2003
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