HomeMy WebLinkAbout5615 RESOLUTION NO. 5615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR PURCHASE AND SALE
BETWEEN THE CITY OF AUBURN AND DIAMOND J.
INVESTMENTS, LLC FOR REAL PROPERTY
WHEREAS, with the passing of Resolution 5614, Auburn City Council
authorized the City to accept and appropriate grant funds from King County
Conservation Futures and Cooperative Watershed Management; and
WHEREAS, the purpose of those grant funds described in Resolution
5614 is for the purchase of real property to be used for future habitat
improvements associated with Mill Creek; and
WHEREAS, the City seeks to purchase property located near the
intersection of 44th St NW and I St NW in northwest Auburn, generally depicted
in Exhibits "A-1" (Vicinity Map) & "A-2" (Mill Creek Assemblage) with King County
Conservation Futures to be used for future habitat improvements associated with
Mill Creek.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Contract for the
Purchase of the real property legally described in Exhibit "B" between the City
and Diamond J. Investments, LLC in substantial conformity with the purchase
contract attached as Exhibit "C".
Resolution No. 5615
September 7, 2021
Page 1 of 2
Section 2. The Mayor is authorized to implement those administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage
and signatures.
Dated and Signed this 18th day of January, 2022.
CITY OF AUBURN
ANCY B MAYOR
ATTEST:
,(�
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Resolution No. 5615
September 7, 2021
Page 2 of 2
DocuSign Envelope ID:DBDDECB8-25DB-45F9-9896-1M79102E9A6
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this "Agr eement") is entered into as of
the °N*- day of ..1.„h ),.. 2022. ("Effective Date"), by and between the City of
Auburn, a Washington municipal corporation ("City" or "Buyer"), and Diamond J.
Investments LLC, an Oregon Limited Liability Company ("Seller"). Seller and Buyer
are collectively referred to as the"Parties."
RECITALS
A. Seller owns certain real property created by Auburn Short Plat SP-2-8 1 and
SP-3-81, REC# 8201260641 in Auburn, Washington, also known as King County Parcel
Nos. 936000-0011, 12, 15 & 17 (collectively the "Subject Property"), legally described in
attached Exhibit A.
B. Seller wishes to sell, and Buyer wishes to buy,the Subject.Property owned
by Seller described in Exhibit A along with any interest Seller has in Tract A&B of SP-
2-81 and SP-3-81.
C. Buyer intends to use grant funds from the King County Conservation
Futures and King County Cooperative Watershed Management grant programs for the
purchase of the Subject Property.
AGREEMENT
Now,therefore,for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain._Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 "Closing" or "Close of Escrow" means the recordation of the Deed in the
Official Records and Seller's receipt of the Purchase Price.
1.2 "Closing Date"means the date which is thirty(30)days after the expiration
or waiver of the due diligence and feasibility review period, but a date not to exceed
May 31, 2022,but which may be-extended pursuant to Section 5:
1.3 "Deposit"means an amount of Two thousand five hundred dollars($2,500),
plus any other amounts designated as a Deposit in this Agreement.
1.4 "Escrow" means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
Purchase and Sale Agreement—COA I Diamond J Investments LLC
King County Parcel#'s 936000-0011, 12, 15 & 17
Page 1 of 13
1.5 "Escrow Agent" means Ticor Title Company, located at: 33400 9th Ave S.
#102 Federal Way,WA 98003.
1.6 "Official Records"means the official real property records of King County,
Washington.
1.7 "Permitted Exceptions"has the meaning as set forth in Section 6.1 below.
1.8 "Purchase Price"has the meaning as set forth in.Section 3.
1.9 "Title Company"means Ticor Title Company.
1.10 "Title Policy" means the then current Buyer-purchased standard coverage
ALTA owner's policy of title insurance issued by the Title Company to Buyer with
coverage in the amount of purchase price, showing title to the Subject Property vested in
Buyer subject only to the Permitted Exceptions.
2. Purchase and Sale. Buyer agrees to buy, and Seller agrees to sell, the Subject
Property legally described in Exhibit"A", and any and all interest in Tracts A & B the
Seller may have on the terms and conditions set forth in this Agreement.
3. Purchase Price; Cash Payment. The Purchase Price is One Hundred Six
Thousand Five Hundred Dollars and no cents ($106,500.00), which will be payable in
full at Closing. The Deposit willbe applied to the Purchase Price due at Closing. The
Purchase Price payment by Buyer will be via wire transfer of collected federal funds.
4. Earnest Money Deposit. On execution of this Agreement,Buyer will deposit with
Escrow Agent Two Thousand Five Hundred Dollars and no cents ($2,500.00) in cash
(the "Deposit"), which the Escrow Agent will hold as an earnest money deposit for this
transaction. The Deposit will be held in Escrow and applied or disposed of by the Escrow
Agent based on the terms of this Agreement. The Deposit will not be refunded and will
become property of Seller upon expiration of Buyer's Due Diligence and Feasibility
period.
5. Due Diligence and Feasibility. Due Diligence and Feasibility Period. Buyer shall
have the right for a period of two months from the Effective Date of this Agreement(the
"Due Diligence Period") to conduct Buyer's due diligence and feasibility review,
examination and inspection of all matters pertaining to its acquisition of the Subject
Property, including such inspections, tests, and surveys as Buyer deems appropriate to
determine the suitability of the Subject Property for Buyer's intended use. Buyer is solely
responsible to determine its ability to use the Subject Property for its intended use and is
solely responsible for submitting all necessary applications for City, State, and Federal
permits necessary to determine feasibility. If, based upon Buyer's review, examination
and inspection,Buyer determines in its sole discretion that it intends to acquire the Subject
Property,then Buyer shall promptly notify Seller of such determination in writing prior to
Purchase and Sale Agreement—COA/Diamond J.Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 2 of 13
the expiration of the Due Diligence Period and the Deposit will become nonrefundable
(except as otherwise provided herein),and the Parties will proceed to Closing. In the event
that Buyer fails to deliver such notice to Seller on or before the expiration of the Due
Diligence Period, Buyer will bedeemed to be satisfied and to have waived its right to
terminate this Agreement pursuant to this subsection. If Buyer timely and affirmatively
advises Seller in writing of its dissatisfaction based on its.Due Diligence review,then this
Agreement automatically terminates, the Parties' rights under this Agreement shall be of
no further force or effect and the Deposit will be returned to Buyer.
6. Title Policy. Promptly after mutual execution of this Agreement,Buyer will obtain
a standard coverage preliminary title insurance commitment covering the Subject Property
from the Title Company (the "Commitment"). The Title Company will be instructed to
deliver a copy of the Commitment and copies of exceptions to Buyer, Seller, and the
Parties' respective counsel. Approval by Buyer of the exceptions to title set forth in the
Commitment(other than as hereinafter set forth) will be a condition precedent to Buyer's
obligation to purchase the Subject Property. Unless Buyer gives written notice that it
disapproves the exceptions to title shown on the Commitment(other thanthe exceptions to
title approved by Buyer and described in Section 6.1 below), stating the exceptions so
disapproved,within ten (10) days after the date of delivery of the Commitment to Buyer,
Buyer will be deemed to have approved such exceptions. If Buyer disapproves any title
exceptions, Seller will have a ten(10)day period after its receipt.of Buyer's written notice
of disapproval of the same within which to provide written notice to,Buyer asto which of
such disapproved title exceptions Seller will remove(or cause to be removed) from title;
provided, however, that Seller will not be required to actually remove such exception(s)
until Closing. If, for any reason, Seller's notice given pursuant to the immediately
preceding sentence does not covenant to remove all of Buyer's disapprovedtitle exceptions
at or prior to Closing, Buyer has the right to terminate this Agreement by written notice to
Seller and Escrow Agent given within ten (10) days after the earlier of the expiration of
such ten(10) day period or the date Seller informs Buyer that it does not intend to remove
the disapproved items (the "Termination Notice"). Buyer's failure to deliver the
Termination Notice within such ten (10) day period will be deemed Buyer's approval of
any such previously disapproved title exception. If Buyer delivers the Termination Notice
within such ten (10) day period, the obligation of Seller to sell, and Buyer to buy, the
Subject Property will terminate.
6.1 Permitted Exceptions. In addition to such other exceptions to title as may
be approved by Buyer pursuant to the provisions of Section 6 above, Buyer shall accept
title to the Subject Property subject to the following (collectively, the "Permitted
Exceptions"):
The printed exceptions which appear in the then current ALTA form standard N,
coverage owner's policy of title insurance issued by Title Company in the State of
Washington; and items created by,or on behalf of,Buyer.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 1.5 & 17
Page 3 of 13
7. Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole
expense and risk,may enter the Subject Property during the term of this Agreement for the
purpose of Buyer's due diligence and feasibility study of the Property. Buyer will (a)
exercise care at all times on or about the Subject Property, and(b)take precautions for the
prevention of injury to persons or damage to property on or about the Subject Property.
Any physical alteration of the Subject Property in connection with Buyer's study will be
restored by Buyer immediately upon demand by Seller, at Buyer's sole expense. Buyer
indemnifies Seller against any loss, damage, or claim resulting from Buyer's inspections
and tests.Buyer is not Seller's agent in connection with such activities and has no authority
to allow any liens to encumber the Subject Property.Buyer shall keep the Subject Property
free from all mechanics',materiahnen's and other liens, and all claims , arising from any
work or labor done,services performed,or materials and supplies furnished in with Buyer's
actions in the exercise of its right of entry on the Subject Property and Buyer will maintain
all insurance as required by Seller with respect to activities on the Subject Property.
8. Closing.
8.1 Time for Closing. This purchase and sale will be closed in the office of
Escrow Agent on the Closing Date. Buyer and Seller will place.in Escrow with Escrow
Agent all instruments, documents and monies necessary to complete the sale under this
Agreement. Funds held in Escrow pursuant to Escrow instructions will be deemed, for
purposes of this definition, as available for disbursement to Seller:Neither party needs to
be physically present at the Closing.
8.2 Closing Costs.
8.2.1 Seller's Costs. Associated with the sale and conveyance Seller will
pay; (a) Seller's share of prorations, if any, and (b) Sellers own legal fees and fees of its
own consultant, if any.
8.2.2 Buyer's Costs. Buyer will pay all costs associated with the sale and
conveyance of the Subject Property, including but not limited to:. (a)the full escrow fees
and costs, (b) all premiums charged for the Title Policy and any additional endorsements
or coverage Buyer may require, including applicable sales tax,(c)the recording fees for
the Deed;and(d)Buyer's share of prorations,if any(d)realestate excise taxes.
8.2.3 Other Costs. All other costs and expenses will be Buyer's.
obligation.
8.2.4 Real Property Taxation. Seller will be responsible for all real
property taxes due and owing prior to the Closing.
8.3 Closing Documents.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 4 of 13
E'.
8.3.1 Seller's Documents. At Closing,Seller will deliver to Escrow Agent
the following instruments and documents:
a. An executed and acknowledged Statutory Warranty Deed acceptable to
Buyer;
b. The executed real estate excise tax affidavit to accompany the Deed;
and
c. An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
8.3.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow.
Agent the following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3; and
b. An executed real estate excise tax affidavit.
9. Possession. Buyer will be entitled to possession of the Subject Property upon
Closing.
10. Representations and Warranties.
10.1 Seller's Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Date of Closing,that:
10.1.1 Authority. Seller has full power and authority to execute this
Agreement and perform Seller's obligations and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the. Subject Property is or may be
targeted for a Hazardous Substances cleanup;to the best of Seller's knowledge the Subject
Property has not been used(a) for the storage, disposal or dischargeof oil, solvents, fuel,
chemicals or any type of toxic, dangerous, hazardous or biological waste or substance
(collectively, "Hazardous Substances"), or (b) as a landfill or waste disposalsite; to the
best of Seller's knowledge the Subject Property has not been contaminated with any
Hazardous Substances;and (c)to the best of Seller's knowledge,there are no underground.
storage tanks on the Subject Property.Buyer agrees to waive Seller's Disclosure Statement
under RCW 64.06.010 with the exception of item 6 "Environmental" under RCW
64.06.013 which Seller shall deliver to Buyer within five (5) business days following
execution of this Agreement. A blank copy of the Environmental Section of Seller's
Disclosure Statement is attached as Exhibit B for reference. Prior to closing, Buyer will
be responsible to evaluate the property for Hazardous Substances and Seller will be given
the opportunity, but will not be obligated, to remediate any concerns brought to the
attention of environmental authorities.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 5 of 13
10.1.3 Buyer's Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement,Buyer represents and
warrants to Seller now, and as of the Date of Closing, that (a) Buyer has full power to
execute, deliver and carry out the terms and provisions of this Agreement, and has taken
all necessary action to authorize the execution, delivery, and performance of this
Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the
authority to bind Buyer to the terms and conditions of this Agreement.
10.1.4 "As is" condition of Subject Property. The Purchase Price reflects
that Buyer is purchasing the Subject Property "as is," "where is," and "with all faults,"
except to the extent of representations and warranties specifically made by Seller or in the
Statutory Warranty Deed or other documents to be delivered by Seller at Closing.
11. Maintenance of Subject Property;Risk of Loss,Condemnation.
11.1 Maintenance of Subject.Property. From the date of this Agreement until
the Closing Date(or any earlier termination of this Agreement), Seller agrees to maintain
the Subject Property in substantially the same condition existing as of the Effective Date,
ordinary wear and tear, damage by casualty excepted.
11.2 Risk of Loss;Condemnation.Risk of loss of or damage to the improvements
on the Subject Property will be borne by Seller at all times until the Closing Date and no
event of casualty or damage shall affect the parties' obligations under the Agreement or
the Purchase Price, however, Buyer will have the right to receive any insurance proceeds
due Seller in connection with any casualty or damage and Seller covenants to maintain
commercially reasonable casualty insurance in place with respect to the Subject Property
at all times prior to Closing. Seller shall promptly notify Buyer of any condemnation or
eminent domain proceeding which affects or may affect the Subject Property. In the event
of any condemnation or eminent domain proceeding by any entity other than City, or a
deed in lieu of or under threat thereof, which affects a material portion of the Subject
Property, Buyer may elect either to terminate this Agreement, or to purchase the Subject
Property in the condition existing on the Closing Date without adjustment of the Purchase
Price.
12. Default.
12.1 Time of Essence. Time is of the essence for this Agreement.
12.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails,
without legal excuse,to complete the purchase of the Subject Property in accordance with
this Agreement, Seller's sole and exclusive remedies shall be to retain the Deposit as
liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller
represents a reasonable estimation of the damages in the event of Buyer's default and
failure to close, that actual damages may be difficult to ascertain, and that this provision
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel.#936000-0011, 12, 15 & 17
Page 6 of 13
does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these
damages have been specifically negotiated between Buyer and Seller and will compensate
Seller for delaying the eventual sale of the Subject Property and to compensate Seller or its
costs and expenses associated with this Agreement.
12.3 Buyer's Remedies for Seller's Default. If Seller fails to complete the sale
of the Subject Property in accordance with. this Agreement, Buyer's remedy will be to
terminate this Agreement or to seek specific performance.
13. Notices. All notices, demands and other communications required or permitted to
be given shall be in writing and shall be sent by personal delivery(including by means of
professional messenger or courier service)or registered or certified mail, postage-prepaid,
return-receipt requested, or by electronic mail (email) at the addresses provided. Notice
shall be deemed to have been given if personally delivered or sent by electronic mail
(email), upon receipt,if sent by mail,two(2)days after duly placed in the U.S. Mail to all.
of the addresses designated for such party.
The Parties' respective addresses for notices are as follows:
If to City: City of Auburn
Real Estate Division
25 West Main Street
Auburn, WA 98001-4998
Attn: Josh Arndt
Email:jarndt@auburnwa.gov
With copies to: City Attorney's Office
City of Auburn
25 West Main Street
Auburn,WA 98001-4998
Attn: City Attorney
Email: kcomeau@aubumwa.gov,druth@auburnwa.gov
If to Seller: Diamond J.Investments,LLC
Brad Johnson,its-
32113 S.Palmer Rd
Molalla, OR 97038
503.819.4173
Bradj3176@canby.com .
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 7 of 13
14. General.
14.1. Entire Agreement. This is the entire Agreement of Buyer and Seller with
respect to the matters covered hereby and:supersedes all prior agreements between them,
written or oral. This Agreement may be modified only in writing, signed by Buyer and
Seller. Any waivers must be in writing. No waiver of any right or remedy in the event of
default will constitute a waiver of such right or remedy in the event of any subsequent
default. Venue for disputes under this Agreement is the Superior Court of King County,
Washington.
14.2 Choice of Law. This Agreement will be governed by the laws of the State
of Washington.
14.3 No Third Party Beneficiaries/Severability. This Agreement is for the
benefit only of the Parties and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision. This Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
14.4 Survival of Rights, Duties, and Obligations. The Parties' rights, duties,
covenants, and obligations shall. survive Closing and the expiration or earlier termination
of this Agreement.
14.5 Indemnification. From and after Closing, and for a period of ten(10)years
from the Closing Date, Seller shall indemnify, defend, and hold Buyer harmless from and
against any and all claims and agency orders or requirements relating to or arising out of,
directly or indirectly, the Subject Property, except to the extent caused by the negligence
or willful misconduct of Buyer.
14.6 Signing Authority. Each of the Parties represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it.
14.7 Attorneys' Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys' fees, including
fees incurred at trial,on any appeal and in any petition for review.
14.8 Exclusivity. During the term of this Agreement, Seller will not market nor
list the Subject Property for sale, nor accept any offers from third parties with respect to
sale of the Subject Property.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 8 of 13
14.9 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that City's authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
14.10 This purchase is subject to the approval of the King County Futures
Committee, which Buyer shall make reasonable effort to obtain by the expiration of the
due diligence and feasibility period. If no notice of King County Futures Committee is
delivered to Seller by the end of the feasibility period, then approval shall be deemed to
have been granted. Buyer may request an extension, at no cost to Buyer for this provision.
Seller agrees to allow for an extension of this provision if Buyer can demonstrate
reasonable efforts in obtaining said approval.
14.11 Approval by Auburn City Council. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on Seller until approved by the
Auburn City Council
14.12 Exhibits. The following exhibits are attached and .incorporated into this
Agreement by reference.
(i) Exhibit A—Legal Description of the.Subject Property
(ii) Exhibit B—Seller Disclosure,Environmental
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
i_.
Purchase and Sale Agreement—COA/Diamond J Investments LLC .
King County Parcel#936000-0011, 12, 15 & 17
Page 9 of 13
DocuSign Envelope ID:DBDDECB8-25DB-45F9-9896-1AA79102E9A6
SIGNATURE PAGE
BUYER SELLER
CITY OF AUBURN Diamond JIiives® ents„ LC
DocuSfgned by: Apr,
;YID , 1/19/2022 l///
REGE424537356r0 X,14‘41,1
Nancy Backus,Mayor Date: Signature: / 1 Date:
Attest: EE5
.. ergiey(1 "-Q�//NA.�1
Shawn P. Campbel:1,City Clerk Print Name: .r
4110 74 4604'
Approved as to Form: Title: d
Elved
by:
B02C8Cev3C. AZ/L/4 i
4eVi4eGe,
Kendra Comeau,Auburn City Attorney A dd?ss// 0 r
Contact Info:
3 -1/7-- r/r 73
•
Purchase and Sale Agreement COA/Diamond J Investments LLC
King County Parcel#93.6000-0011, 12, 15& 17
Page 10 of 13
EXHIBIT"A"
Legal Description
For APN/Parcel ID(s): 936000-0011-02,936000-0012-01,936000-0015-08 and
936000-0017-06
PARCEL A:(936000-0011-02 936000-0012-01)
LOT(S) I AND 2, KING COUNTY SHORT PLAT NOSP241; ACCORDING TO
THE SHORT PLAT THEREOF,RECORDED JANUARY 26, 1981 UNDER
RECORDING NO. 8101260642,RECORDS OF KING COUNTY,WASHINGTON.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS OVER TRACTS A OF KING COUNTY SHORT PLAT NO SP-3-$1,
RECORDED UNDER RECORDING NO. 8101260641, RECORDS OF KING
COUNTY. WASHINGTON.
SITUATE IN THE.COUNTY OF KING, STATE OF WASHINGTON.
PARCEL B: (936000-0015-08 936000-0017-06)
LOT(S)3 AND 4,KING COUNTY SHORT PLAT NO. SO-3-81,ACCORDING TO
THE SHORT PLAT THEREOF,RECORDED JANUARY 26, 1981, UNDER
RECORDING NO, 8101260641, RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS OVER TRACTS A OF KING COUNTY SHORT PLAT NO SP-3-81,
RECORDED UNDER RECORDING NO. 8101260641,RECORDS OF KING
COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
T1COR TITLE COMPANY COMMITMENT NO.70179646
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 11 of 13
EXHIBIT"B"
Seller Disclosure—Environmental
ENVIRONMENTAL DISCLOSVHElzazf f M Yes
A Have there been any flooding,standing water,or drainage
problems on the property that affect the property oraccess to
the property?
B Does any part of the property contain fill dirt,waste,or other
fill materials?
C Is there any material damage to the property from fire,wind,
floods,beach movements,earthquake,expansive soils,or
landslides?
1) Are there any shorelines,wetlands,floodplains,or critical
areas on the property?
E Are there any substances,materials,or products in or on the
property that may be environmental concerns,such as
asbestos,formaldehyde,radon gas,lead-based paint,fuel or
chemical storage tanks,or contaminated soil or water?
F Has the property been used for commercial or industrial
purposes?
G Is there any soil or groundwater contamination?
H Are there transmission poles orother electrical utility
equipment installed,maintained,or buried on the property
that do not provide utility service to the structures on the
property?
I Has the property been used as a legal or illegal dumping site?
J Has the property been used as an illegal drug.manufacturing
site?
K Are there any radio towers in the area that cause interference
with cellular telephone reception?
1
r'.
Purchase and Sale Agreement—COA/Diamond J Investments LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 12 of 13
If you answered yes to any of the following please give further details here.
A . gre e✓//� Ar„ 4,14 f 9 f0#4 f 19/4010441- 9.P4,e
1r
Purchase and.Sale Agreement—COA/Diamond J Investments.LLC
King County Parcel#936000-0011, 12, 15 & 17
Page 13of13