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HomeMy WebLinkAbout5425 RESOLUTION NO. 5425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING A CERTAIN PARCEL OF REAL PROPERTY AS SURPLUS AND AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT CONVEYING THE PROPERTY WHEREAS, on May 1, 2019, superior court awarded the property located at 1307 E St. SE, Auburn, to the City, pursuant to RCW 69.50.505, as the property was used to facilitate the manufacture of marijuana; and WHEREAS, state law restricts the use of such forfeited property, and the proceeds from the sale of the property, to further activities related to the expansion and improvement of controlled substances law enforcement; and WHEREAS, the Auburn Police Department has no law enforcement use for the property and it is in the public interest to surplus the property and sell it for its fair market value. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The property described below is declared unneeded for law enforcement purposes, is declared to be surplus, and the Mayor is authorized to convey the property through an appropriate fair market sale and to deposit the proceeds in the City's drug forfeiture fund. 1307 E Street SE, Auburn, Washington, parcel #5194900120 LOT 12 MARYCON DIVISION NUMBER 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 149 OF PLATS, PAGES 46 AND 47, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY KING, STATE OF WASHINGTON Resolution No. 5425 May 6, 2019 Page 1 of 2 Rev.2018 Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out this legislation. Section 3. This Resolution shall take effect and be in full force on passage and signatures. Dated and Signed this 3rd day of June, 2019. CITY OF AUBURN ANCY B US, MAYOR ATTEST: APPROVED AS TO FORM: $A Shawn Campbell, MMC, ity Clerk Steven L. Gr: , City A-orney Resolution No. 5425 May 6, 2019 Page 2 of 2 Rev.2018 AuthentisIgn ID:DA9B7A6B-16F4-4FA0•BC8D•71069FE82F1D Form 34 @Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESSRVED Page 1 of ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 23,2019 1 between David Kroeger Melody Kroeger ("Buyer")2 Buyer Buyer and City of Auburn ("Seller")3 Setter Seller concerning 1307 E St SE Auburn WA 98002 (the"Property") 4 Address City State 21p IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 6 1,This sale is subject to passage by resolution of the Auburn City Council. 7 8 2.Cosing shall be on or before June 30,2019. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 • • Cr)](] 05/24/2019 Er„,d 05/24/2019 CO, P 7i.i I l� Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Auttitentis gli ItnR9B7A56-76PM6-tfft9:'I'fo PAIY-F1 Form 21 Y1 V � Pt� ©Copyright 2017 • Residential Purchase&Sale Agreement l Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of 5 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 1. Date: May 22,2019 MLS No.: 1458954 Offer Expiration Date: 5/23/2019 2. Buyer: David Krueger Melody Kroeger A married couple Buyer Buyer Statue 3, Seller: City of Auburn Seller Seller 4. Property: Legal Description attached as Exhibit A Tax Parcel No(s).:5194900120 , 1307 E Street SE Auburn King WA 98002 Address City County State 21p 5. Included Items: ❑ stove/range; LI refrigerator; 0 washer; 0 dryer; ❑ dishwasher; 0 hot tub; ❑ fireplace insert; ❑ wood stove; ❑ satellite dish; ❑ security system; ❑ attached television(s); CI attached speaker(s); ❑microwave; ❑ generator; ❑ other 6. Purchase Price: $ 321,000.00 Three Hundred Twenty-One Thousand Dollars 7. Earnest Money: $ 15,000.00 tS Check; LI Note; 0 Other (held by❑ Selling Firm; WS Closing Agent) 8. Default: (check only one) 2f of Earnest Money; ❑Seller's Election of Remedies DK3. O'>5iMrance Company: Ticor Title and Escrow#70112935 —IQ. Closing Agent: Ticor Escrow ci}t� %S 05/24/2019 Company Individual(optional) s1 I. Closing Date: 1'- •'‘''‘ �tw+') Possession Date: n sing; ❑ Other l<J 05/24/2019 7r 12. Services of Closing Agent for Payment of Utilities: i 'Requested( )orn)22K); 0 Waived t,,9 13. Charges/Assessments Levied Before but Due After Closing:t3dassumed y Buyer; prepaid in full by Seller at Closing $/,lir 14. Seller Citizenship (FIRPTA): Seller❑ is; l is not a foreign person for purposes of U.S.income taxation y 15. Agency Disclosure: Selling Broker represents: I 'Buyer; ❑Seller;❑both parties; GJ neither party Listing Broker represents; 4 Seller; 0 both parties 16. Addenda: 22D(Optional Clauses) 22K(Utilities) 22T(Title Contingency) 35(Inspection) --Authent hair DaVCOI,Kro get 05/22/2019 :147 stOstllir M PDT Data Sel er's Signa ru Date doccy. r� 05/22/2019 cr;t Ofn �ilki re) PM pp T Date Seller's Signal re `j Date 765 Renton .___ A.9.r h- Buyer's Address Seller's Address Renton WA 98057 AtriVien I \,.f'\ 91 001 City,State,Zip City,State,Zip 206-240-9664 (253)561-1235 Phone No. Fax No. Phone No. Fax No, kroeger56@comcast.net comcast.net Buyer's E-mall Address Seller's E-mail Address Homesmart Ion Realty Group 3663 Windermere R.C.Wall Si.Inc. 74192 Selling Firm MLS Office No. Listing Firm MLS Office No. Dina Pickens 76362 James Goodman 87917. Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (425)967-7175 (425)244-9339 (206)284-8989 (206) 849-5280 (206)284-2184 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. brolter rr bsionreaftygroup.com wreinagnolia@windermere.com vindermere.com Selling Firm Document E-mall Address Listing Firm Document E-mail Address dnnapickens@hotmail.com jgoodman@windermere.com Selling Broker's E-mail Addross Listing Broker's E-mail Address 101633 19786 11680 2111 Selling Broker DOL License No, Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. AuthentislgnID:42FFA918-6188-49A7-8366-A442C361128D Form 21 ©Copyright 2017 Residential Purchase&Sale Agreement Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. if either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is 37 checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, 38 drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed 39 television antennas;ventilating, air conditioning and heating fixtures;trash compactor; fireplace doors, gas logs and gas 40 log lighters; irrigation fixtures; electric garage door openers; water heaters; installed electrical fixtures; lighting fixtures; 41 shrubs, plants and trees planted in the ground; and other fixtures; and all associated operating remote controls. Unless 42 otherwise agreed, if any of the above items are leased or encumbered, Seller shall acquire clear title before Closing. 43 d. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 44 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 45 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 46 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 47 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 48 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 49 Contract, the Statutory Warranty Deed shall Include a buyer's assignment of the contract sufficient to convey after 50 acquired title. 51 e. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 52 ALTA form of Homeowner's Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance 53 Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines 54 to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party 55 applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance 56 Company selected by the parties will not issue a Homeowner's Policy for the Property, the parties agree that the Title 57 Insurance Company shall instead issue the then-current ALTA standard form Owner's Policy, together with 58 m wner's additional prot tion-sand inflation protection endorsements, if available. The Title Insurance Company 59 I '< 05/22/2019 14//K 05/22/2019 Calt SAH i1 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Aulhentlslgn ID:42FFA91 B-61 BB-49A7-8369-A442C3511280 Form 21 ©Copyright 2017 Residential Purchase&Sale Agreement Northwest Multiple Listing Service Rev.2/17ALL RIGHTS RESERVED Page 3 of 5 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT GENERAL TERMS Continued shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary 60 commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and 61 Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be 62 made so insurable prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, 63 unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described 64 in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance 65 or damages as a consequence of Seller's inability to provide insurable title. 66 f. Closing and Possession.This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls 67 on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, 68 the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when 69 the county recording office is closed. "Closing' means the date on which all documents are recorded and the sale 70 proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on 71 the Possession Date,whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. 72 Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to 73 possession. Seller shall either repair or replace any system or appliance (including, but not limited to plumbing, heat, 74 electrical, and all Included Items) that becomes inoperative or malfunctions prior to Closing with a system or appliance 75 of at least equal quality. Buyer reserves the right to walk through the Property within 5 days of Closing to verify that 76 Seller has maintained the Property and systems/appliances as required by this paragraph. Seller shall not enter into or 77 modify existing leases or rental agreements, service contracts, or other agreements affecting the Property which have 78 terms extending beyond Closing without first obtaining Buyer's consent, which shall not be unreasonably withheld. If 79 possession transfers at a time other than Closing, the parties shall execute NWMLS Form 65A (Rental 80 Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After Closing) (or 81 alternative rental agreements) and are advised of the need to contact their respective insurance companies to assure 82 appropriate hazard and liability insurance policies are in place, as applicable. 83 RCW 19.27.530 requires the seller of any owner-occupied single-family residence to equip the residence with a carbon 84 monoxide alarm(s) in accordance with the state building code before a buyer or any other person may legally occupy 85 the residence following the sale. The parties acknowledge that the Brokers are not responsible for ensuring that Seller 86 complies with RCW 19.27.530. Buyer and Seller shall hold the Brokers and their Firms harmless from any claim 87 resulting from Seller's failure to install a carbon monoxide alarm(s)in the Property. 88 g. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 89 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 90 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 91 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 92 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 93 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 94 purposes of completing a reverse exchange. 95 h. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 96 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 97 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 98 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 99 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 100 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 101 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 102 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 103 Specific Term No, 12, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 104 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 105 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 106 equivalent). 107 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 108 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 109 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 110 as agreed in Specific Term No. 13. 111 i. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 112 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 113 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 114 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 115 and copies of documents concerning this sale. 116 DK 05/22/2019 L?4'!?] 05/22/2019 GOA Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authsntisign ID:42FFA91B-81BB-49A7-8388-A442C36112BD Form 21 ©Copyright 2017 Residential Purchase&Sale Agreement Northwest Multiple Listing Service Rev.2/17 5 ALL RIGHTS RESERVED Page 4 ofRESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT GENERAL TERMS Continued j. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 117 income taxation in Specific Term No. 14 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 118 under the Foreign Investment in Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 119 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 120 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 121 k. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 122 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 123 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 124 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 125 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 126 17, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 127 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 128 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 129 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 130 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 131 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 132 Agreement;or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 133 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 134 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 135 I. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 136 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 137 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 138 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 139 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 140 Possession Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on 141 a specific calendar date, the event shall occur on that date, except for the Closing Date,which, if it falls on a Saturday, 142 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed,shall occur on the 143 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 144 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 145 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 146 offer or counteroffer to the offeror, rather than on the date the legal description is attached, Time is of the essence of 147 this Agreement. 148 m. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 149 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 150 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 151 electronic form has the same legal effect and validity as a handwritten signature. 152 n. Assignment, Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 153 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 154 Buyer on the first page of this Agreement. 155 o. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 156 provision, as identified in Specific Term No. 8, shall apply: 157 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 158 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 159 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 160 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 161 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 162 any other rights or remedies available at law or equity. 163 p. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 164 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 165 such review. However, if Buyer or Seller Institutes suit against the other concerning this Agreement the prevailing party 166 is entitled to reasonable attorneys'fees and expenses. 167 q. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 168 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 169 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 170 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 171 [Did 05/22/2019 ri ? 1 05/22/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlsign 10:42FFA91B-61BB-49A7.6388-A442C35112BD Form 21 Copyright 2017 Residential Purchase&Sale Agreement Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT GENERAL TERMS Continued r. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 172 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 173 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 174 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 175 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 176 it shall lapse and any Earnest Money shall be refunded to Buyer. 177 s. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 178 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 179 unless sooner withdrawn. 180 t. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 181 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 182 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 183 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 184 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 185 (if any), and Managing Broker(if any) representing both parties as dual agents. if Selling Broker and Listing Broker are 186 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 187 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 188 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 189 u. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 190 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 191 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 192 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 193 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 194 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 195 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 196 under this Agreement. 197 v. Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer 198 receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after 199 mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement,all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Buyer and Seller acknowledge that home protection plans may be 219 available which may provide additional protection and benefit to Buyer and Seller. Brokers may assist the parties with 220 locating and selecting third party service providers, such as inspectors or contractors, but Brokers cannot guarantee or 221 be responsible for the services provided by those third parties. The parties shall exercise their own judgment and due 222 diligence regarding third-party service providers. 223 [DK1 05/22/2019 rill;1 05/22/2019 CdA SAMrl� Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42FFA918.618B-49A7-8368-A442C3611280 Form 22A ►I1UESt'1ARi ©Copyright 2017 Financing Addendum Northwest Multiple Listing Service Rev.2/17FINANCING ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 3 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 22,2019 1 between David Kroeger Melody Kroeger ("Buyer") 2 Buyer Buyer and City of Auburn ("Seller") 3 Seller Seller concerning 1307 E Street SE Auburn WA 98002 (the"Property"). 4 Address City State Zip 1. LOAN APPLICATION/WAIVER OF CONTINGENCY. 5 a. Loan Application. This Agreement is contingent on Buyer obtaining the following type of loan or loans to 6 purchase the Property(the"Loan(s)"): ❑Conventional First; ❑ Conventional Second; 0 Bridge; ❑VA; ❑ FHA; 7 ❑ USDA; ❑ Home Equity Line of Credit;AJ Other ALL CASH 8 (the "Financing Contingency"). Buyer shall pay ❑ $ ; or ❑ % of the Purchase 9 Price down, in addition to the Loans. Buyer shall make application for the Loans to pay the balance of the 10 Purchase Price and pay the application fee, if required, for the subject Property within days (5 11 days if not filled in) after mutual acceptance of this Agreement. For the purposes of this Addendum, 12 "application" means the submission of Buyer's financial information for the purposes of obtaining an extension 13 of credit including Buyer's name, income, social security number(if required), the Property address, purchase 14 price, and the loan amount. 15 b. Waiver of Financing Contingency. If Buyer(i) fails to make application for financing for the Property within 16 the agreed time; (ii)changes the type of loan at any time without Seller's prior written consent; or(iii)changes 17 the lender without Seller's prior written consent after the agreed upon time to apply for financing expires, then 18 the Financing Contingency shall be deemed waived. Buyer's waiver of the Financing Contingency under this 19 Paragraph 1(b) also constitutes waiver of Paragraph 7 (Appraisal Less Than Sales Price). For purposes of 20 this Addendum, "lender" means either the party to whom the application was submitted or the party funding 21 the loan. 22 2. LOAN INFORMATION. 23 a. Seller's Request for Loan Information. At any time 15 days (10 days if not filled in) after mutual 24 acceptance, Seller may give, once, a notice requesting information related to the status of Buyer's loan 25 application ("Request for Loan Information"). NWMLS Form 22AL may be used for this notice. 26 b. Buyer's Loan Information Notice. Within days(3 days if not filled in) of receiving Seller's Request 27 for Loan Information, Buyer shall give notice of the status of Buyer's loan application ("Loan Information 28 Notice"). Buyer's notice shall be on NWMLS Form 22AP and shall include the date of application, the name 29 of lender, a list of the information that Buyer has provided to lender, and a warranty that Buyer has provided 30 all information requested by lender. 31 c. Failure to Provide Loan Information Notice. If Buyer fails to timely give to Seller a completed Loan 32 Information Notice, Seller may give the Right to Terminate Notice described in Paragraph 3 (Seller's Right to 33 Terminate)at any time after the date that the Loan Information Notice is due. 34 3. SELLER'S RIGHT TO TERMINATE. 35 a. Right to Terminate Notice. At any time days (30 days if not filled in) after mutual acceptance, 36 Seller may give notice that Seller may terminate the Agreement at any time 3 days after delivery of that notice 37 (the"Right to Terminate Notice"). NWMLS Form 22AR may be used for this notice. 38 b. Termination Notice. If Buyer has not previously waived the Financing Contingency, Seller may give notice of 39 termination of this Agreement (the "Termination Notice") any time following 3 days after delivery of the Right 40 to Terminate Notice. If Seller gives the Termination Notice before Buyer has waived the Financing 41 Contingency, this Agreement is terminated and the Earnest Money shall be refunded to Buyer. NWMLS Form 42 22AR shall be used for this notice. If not waived, the Financing Contingency shall survive the Closing Date. 43 c. Appraisal Less Than Sales Price. Buyer's waiver of the Financing Contingency under this Paragraph 3 0 will; 44 or❑will not(will, if not filled in)constitute waiver of Paragraph 7(Appraisal Less Than Sales Price). 45 [ icj 05/22/2019 [ 1� J 05/22/2019 COp 112.4t1 Buyer's Initials Date Buyer's Initials Date Seller's Initials DateiSeller's Initials Date Authentisign ID:42FFA91 B-61 BB-49A7-B368-A442C35112B0 Form 22A ©Copyright 2017 Financing Addendum Northwest Multiple Listing Service Rev.2/17ALL RIGHTS RESERVED Page 2 of 3 FINANCING ADDENDUM TO PURCHASE&SALE AGREEMENT Continued 4. LOAN COST PROVISIONS. Seller shall pay up to ❑ $ ; or ❑ % of the Purchase 46 Price ($0.00 if not filled in), which shall be applied to Buyer's Loan(s) and settlement costs, including prepaids, loan 47 discount, loan fee, interest buy down, financing, closing or other costs allowed by lender.That amount shall include 48 the following costs that lender is prohibited from collecting from Buyer: (a) up to $300.00 for Buyer's Loan(s) and 49 settlement costs for FHA/USDA/VA loans; and(b) Buyer's share of the escrow fee for a VA loan. Seller shall pay the 50 costs for(a)and (b),even if the amount agreed upon in this Paragraph 4 is insufficient to pay for those costs. 51 5. EARNEST MONEY. If Buyer has not waived the Financing Contingency, and is unable to obtain financing by 52 Closing after a good faith effort then, on Buyer's notice, this Agreement shall terminate. The Earnest Money shall 53 be refunded to Buyer after lender confirms in writing (a) the date Buyer's loan application for the Property was 54 made, including a copy of the loan estimate that was provided to Buyer; (b)that Buyer possessed sufficient funds 55 to close; and (c)the reasons Buyer was unable to obtain financing by Closing. If Seller terminates this Agreement, 56 the Earnest Money shall be refunded without need for such confirmation. 57 6. INSPECTION. Seller shall permit inspections required by lender, including but not limited to structural, pest, 58 heating, plumbing, roof, electrical, septic, and well inspections. Seller is not obligated to pay for such inspections 59 unless otherwise agreed. 60 7. APPRAISAL LESS THAN SALE PRICE. 61 a. Notice of Low Appraisal. If lender's appraised value of the Property is less than the Purchase Price, Buyer 62 may, within 3 days after receipt of a copy of lender's appraisal, give notice of low appraisal, which shall 63 include a copy of lender's appraisal. NWMLS Form 22AN may be used for the notices in this Paragraph 7. 64 b. Seller's Response.Seller shall, within 10 days after Buyer's notice of low appraisal, give notice of: 65 (i) A reappraisal or reconsideration of value, at Seller's expense, by the same appraiser or another appraiser 66 acceptable to lender, in an amount not less than the Purchase Price. Buyer shall promptly seek lender's 67 approval of such reappraisal or reconsideration of value. The parties are advised that lender may elect 68 not to accept a reappraisal or reconsideration of value; 69 (ii) Seller's consent to reduce the Purchase Price to an amount not more than the amount specified in the 70 appraisal or reappraisal by the same appraiser, or an appraisal by another appraiser acceptable to 71 lender, whichever is higher. (This provision is not applicable if this Agreement is conditioned on FHA, VA, 72 or USDA financing. FHA, VA, and USDA financing does not permit the Buyer to be obligated to buy if the 73 Seller reduces the Purchase Price to the appraised value. Buyer, however, has the option to buy at the 74 reduced price.); 75 (iii) Seller's proposal to reduce the Purchase Price to an amount more than the amount specified in the 76 appraisal and for Buyer to pay the necessary additional funds (the amount the reduced Purchase Price 77 exceeds the appraised value)to close the sale; or 78 (iv) Seller's rejection of Buyer's notice of low appraisal. 79 If Seller timely delivers notice of (i) reappraisal or reconsideration of value; or (ii) consent to reduce the 80 Purchase Price to an amount not more than the amount specified in the appraisal, and lender accepts Seller's 81 response, then Buyer shall be bound by Seller's response. 82 c. Buyer's Reply. 83 (i) Buyer shall have 3 days from either Seller's notice of rejection of low appraisal or, if Seller fails to respond, 84 the day Seller's response period ends, whichever is earlier, to (a) waive the Financing Contingency; or(b) 85 terminate the Agreement, in which event the Earnest Money shall be refunded to Buyer. 86 (ii) If Seller proposes to reduce the Purchase Price to an amount more than the appraised value, Buyer shall 87 have 3 days to(a) accept and represent that Buyer has sufficient funds to close the sale in accordance with 88 this provision; or(b)terminate the Agreement, in which event the Earnest Money shall be refunded to Buyer. 89 Buyer's inaction during this reply period shall result in termination of the Agreement and return of the Earnest 90 Money to Buyer. The Closing Date shall be extended as necessary to accommodate the foregoing times for 91 notices. 92 [DK] 05/22/2019 14K 05/22/2019 COP1 )l‘ Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID;42FFA91B41BB-49A7-8389-A442C35112B0 Form 22A ©Copyright 2017 Financing Addendum Northwest Multiple Listing Service Rev.2/17FINANCING ADDENDUM TO ALL RIGHTS RESERVED Page 3 of 3 PURCHASE &SALE AGREEMENT Continued 8. FHANA!USDA - Appraisal Certificate. If this Agreement is contingent on Buyer obtaining FHA, VA, or USDA 93 financing, notwithstanding any other provisions of this Agreement, Buyer is not obligated to complete the 94 purchase of the Property unless Buyer has been given in accordance with HUD/FHA, VA, or USDA requirements 95 a written statement by FHA, VA, USDA or a Direct Endorsement lender, setting forth the appraised value of the 96 Property (excluding closing costs). Buyer shall pay the costs of any appraisal. If the appraised value of the 97 Property is less than the Purchase Price, Paragraph 7 above shall apply. 98 Purpose of Appraisal.The appraised valuation is arrived at only to determine the maximum mortgage FHA, VA, 99 or USDA will insure. FHA,VA, or USDA do not warrant the value or the condition of the Property. Buyer agrees to 100 satisfy himself/herself that the price and condition of the Property are acceptable. 101 9. EXTENSION OF CLOSING. If, through no fault of Buyer, lender is required by 12 CFR 1026 to give corrected 102 disclosures to Buyer due to (a) a change in the Annual Percentage Rate ("APR") of Buyer's Loan(s) by .125% or 103 more for a fixed rate loan or.250% or more for an adjustable rate loan; (b) a change in the loan product; or(c) the 104 addition of a prepayment penalty, then upon notice from Buyer, the Closing Date shall be extended for up to 4 days 105 to accommodate the requirements of Regulation Z of the Truth in Lending Act. This paragraph shall survive Buyer's 106 waiver of this Financing Contingency. 107 [vijJ 05/22/2019 [M1C] 05/22/2019 COA 512001, Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date • AuthentisignID:42FFA91B-61BB•49A7-8368-A442C36112BD Form 22D 41,UU1FSIi1AFT ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rag.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 22,2019 1 between David Kroeger Melody Kroeger ("Buyer") 2 Buyer Buyer and City of Auburn ("Seller") 3 Seller Seller concerning 1307 E Street SE Auburn WA 98002 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 56 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b) the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. 0 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. U Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 5d public water main; 5d public sewer main; ❑ septic tank; ❑well (specify type) ; 29 ❑ irrigation water(specify provider) ; U natural gas; 0 telephone; 30 0 cable; U electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; U security system; 0 satellite 39 dish and operating equipment; ❑ other • 40 [Did 05/22/2019 [-p?iC] 05/22/2019 GOA s!Z►J fl Buyer's Initials Date Buyer's Initials Date Seller's initials Date Seller's Initials Date Authentisign ID:42FFA91 B.61 BB.49A7-8368-A442C36112BD Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Peg.2117OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 { PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in)of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; U Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [DK] 05/22/2019 [rid 05/22/2019rim11 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentislgnID:42FFA91B-61BB-49A7-B366-A442C35112BD M RT Form 22K IUIL/I 1A111 ©Copyright 2014 Identification of Utilities Addendum Northwest Multiple Listing Service Rev.5/14IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following Is part of the Purchase and Sale Agreement dated May 22,2019 1 between David Kroeger Melody Kroeger ("Buyer") 2 Buyer Buyer and City of Auburn ("Seller") 3 Seller Seller concerning 1307 E Street SE Auburn WA 98002 (the"Property'). 4 Address City slate zip 5 Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 66 providing service to the Property and having lien rights are as follows: WATER DISTRICT: C IAA l IA Pktn`'11nq✓t 8 Name 9 Dr W M,.;v. Address Av.bwr n 1 WA 011s0O` 10 City,State Zip /^� Fax.No. C SEWER DISTRICT: dim at PvAly lin 11 Name 2-,5 1.0 MAAJ 12 Address /t V1,�uhff��++a ' 14-)A- l BOO J 13 City,State,// Zip ?ZOO Fax.No. IRRIGATION DISTRICT: N r A 14 Name 15 Address 16 City,State,Zip Fax.No. GARBAGE: WA54-5 41Pri1/4346.60u64,31— 17 Name 25 Li M /a/ 18 Addresit( , U(G.�i Lop,- y zoo(� 19 City,State,Zip 1 Fax.No. ELECTRICITY: h TA 5 4,‘""1,- E.Ativ yi 20 Name 55 ]/010. AVg 106 21 Addr 1561.4.6VUt~ WA- 9 csooY 22 Cit , tate,Zip ! Fax.No. GAS: y h 1- A 0 v+44 E.-1.4.V vv 23 Name )3 5 5 i (0 ,i.t,l ikge - ,r V iVG 24 Address �!4-4-6\iu C is Goy 25 City, State,Zip Fax.No. SPECIAL DISTRICT(S): 26 (local improvement districts or Name utility local improvement districts) . 27 Address 28 City,State,Zip Fax.No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 insure payment of, Seller's ut'ty charges. 36 DK 05/22/2019 744- 05/22/2019 Con 5101119 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlsign ID:42FFA91B-61BB-49A7-8366-A442C351128D Form 22T 40 uoSART ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 22,2019 1 between David Kroeger Melody Kroeger ("Buyer") 2 Buyer Buyer and City of Auburn ("Seller") 3 Seller Seller concerning 1307 E Street SE Auburn WA 98002 (the"Property"). 4 Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from ❑ the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 DK 05/22/2019 [ 05/22/2019 COA Se/� t r Buyer's Initials Date Buyer's Initials Date Seller's!Initials Date Seller's Initials Date Authentisign ID:42FFA91B-61 BB-49A7-B366-A442C35112BD J� T Form 35 (( [101HRT ©Copyright 2015 Inspection Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 2 INSPECTION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 22,2019 1 between David Kroeger Melody Kroeger ("Buyer") 2 Buyer Buyer and City of Auburn ("Seller") 3 Seller Seller concerning 1307 E Street SE Auburn WA 98002 (the"Property"). 4 Address City State Zip 1. ❑ a. INSPECTION CONTINGENCY. This Agreement is conditioned on Buyer's subjective satisfaction with 5 inspections of the Property and the improvements on the Property. Buyer's inspections may include, at 6 Buyer's option and without limitation, the structural, mechanical and general condition of the 7 improvements to the Property, compliance with building and zoning codes, an inspection of the Property 8 for hazardous materials, a pest inspection, and a soils/stability inspection. The inspection must be 9 performed by Buyer or a person licensed (or exempt from licensing)under Chapter 18.280 RCW. 10 Sewer inspection. Buyer's inspection of the Property ❑ may; ❑ may not (may, if not checked) include 11 an inspection of the sewer system, which may include a sewer line video inspection and assessment and 12 may require the inspector to remove toilets or other fixtures to access the sewer line. 13 Buyer's Obligations. All inspections are to be (a) ordered by Buyer, (b) performed by inspectors of 14 Buyer's choice, and (c) completed at Buyer's expense. Buyer shall not alter the Property or any 15 improvements on the Property without first obtaining Seller's permission. Buyer is solely responsible for 16 interviewing and selecting all inspectors. Buyer shall restore the Property and all improvements on the 17 Property to the same condition they were in prior to the inspection. Buyer shall be responsible for alt 18 damages resulting from any inspection of the Property performed on Buyer's behalf. 19 BUYER'S NOTICE. This inspection contingency SHALL CONCLUSIVELY BE DEEMED WAIVED 20 unless within days (10 days if not filled in)after mutual acceptance of this Agreement(the"Initial 21 Inspection Period"), Buyer gives notice (1) approving the inspection and waiving this contingency; (2) 22 disapproving the inspection and terminating the Agreement; (3)that Buyer will conduct additional inspections; 23 or(4)proposing repairs to the property or modifications to the Agreement. If Buyer disapproves the inspection 24 and terminates the Agreement,the Earnest Money shall be refunded to Buyer. If Buyer proposes repairs to the 25 property or modifications to the Agreement,including adjustments to the purchase price or credits for repairs to 26 be performed after Closing, the parties shall negotiate as set forth in paragraph 1.c, below. The parties may 27 use NWMLS Form 35R to give notices required by this Addendum. 28 ATTENTION BUYER: If Buyer fails to give timely notice, then this inspection contingency shall be 29 deemed waived and Seller shall not be obligated to make any repairs or modifications. 30 b. Additional Inspections. If an inspector so recommends, Buyer may obtain further evaluation of any item 31 by a specialist at Buyer's option and expense if, on or before the end of the Initial Inspection Period, 32 Buyer provides Seller a copy of the inspector's recommendation and notice that Buyer will seek additional 33 inspections. If Buyer gives timely notice of additional inspections, Buyer shall have (5 days if 34 not filled in)after giving the notice to obtain the additional inspection(s) by a specialist. 35 c. Buyer's Requests for Repairs or Modifications. If Buyer requests repairs or modifications under 36 paragraph 1.a or 1.b. above, the parties shall negotiate as set forth in this paragraph. All requests, 37 responses, and replies made in accordance with the following procedures are irrevocable for the time 38 period provided. 39 (i) Seller's Response to Request for Repairs or Modifications.Seller shall have days(3 40 days if not filled in)after receipt of Buyer's request for repairs or modifications to give notice that Seller 41 (a) agrees to the repairs or modifications proposed by Buyer; (b) agrees to some of the repairs or 42 modifications proposed by Buyer; (c) rejects all repairs or modifications proposed by Buyer; or (d) 43 offers different or additional repairs or modifications. If Seller agrees to the terms of Buyer's request for 44 repairs or modifications, this contingency shall be satisfied and Buyer's Reply shall not be necessary. If 45 Seller does not agree to all of Buyer's repairs or modifications, Buyer shall have an opportunity to 46 reply, as follows: 47 C(}](] 05/22/2019 rph1 05/22/2019 GOA cftH Buyer's Initials Date Buyer's Initials Date Seller's Initials 1 nate Seller's Initials Date Authentisign ID:42FFA91B-SIBS-49A7-B36B-A442C35112BD Form 35 ©Copyright 2015 Inspection Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 2 of 2 INSPECTION ADDENDUM TO PURCHASE AND SALE AGREEMENT Continued (ii)Buyer's Reply. If Seller does not agree to all of the repairs or modifications proposed by Buyer, Buyer 48 shall have days (3 days if not filled in)from either the day Buyer receives Seller's response 49 or, if Seller fails to respond, the day Seller's response period ends, whichever is earlier, to (a) accept 50 the Seller's response at which time this contingency shall be satisfied; (b) agree with the Seller on 51 other remedies; or (c) disapprove the inspection and terminate the Agreement, in which event, the 52 Earnest Money shall be refunded to Buyer. 53 ATTENTION BUYER: These time periods for negotiating repairs or modifications shall not repeat. The 54 parties must either reach a written agreement or Buyer must terminate this Agreement by the Buyer's 55 Reply deadline set forth in paragraph 1.c.ii. Buyer's inaction during Buyer's reply period shall result in 56 waiver of this inspection condition, in which case Seller shall not be obligated to make any repairs or 57 modifications whatsoever AND THIS CONTINGENCY SHALL BE DEEMED WAIVED. 58 d. Repairs. If Seller agrees to make the repairs proposed by Buyer, then repairs shall be accomplished at 59 Seller's expense in a commercially reasonable manner and in accordance with all applicable laws no 60 fewer than days (3 days if not filled in) prior to the Closing Date. In the case of hazardous 61 materials, "repair" means removal or treatment (including but not limited to removal or, at Seller's option, 62 decommissioning of any oil storage tanks) of the hazardous material at Seller's expense as 63 recommended by and under the direction of a professional selected by Seller. Seller's repairs are subject 64 to re-inspection and approval, prior to Closing, by the inspector who recommended the repair, if Buyer 65 elects to order and pay for such re-inspection. If Buyer agrees to pay for any repairs prior to Closing, the 66 parties are advised to seek the counsel of an attorney to review the terms of that agreement. 67 e. Oil Storage Tanks. Any inspection regarding oil storage tanks or contamination from such tanks shall be 68 limited solely to determining the presence or non-presence of oil storage tanks on the Property, unless 69 otherwise agreed in writing by Buyer and Seller. 70 f. On-site Sewage Disposal Systems Advisory: Buyer is advised that on-site sewage disposal systems, 71 including "septic systems," are subject to strict governmental regulation and occasional malfunction and 72 even failure. Buyer is advised to consider conducting an inspection of any on-site sewage system in 73 addition to the inspection of the Property provided by this Form 35 by including an appropriate on-site 74 sewage disposal inspection contingency such as NWMLS Form 22S(Septic Addendum). 75 2. 0 NEIGHBORHOOD REVIEW CONTINGENCY: Buyer's inspection includes Buyer's subjective satisfaction 76 that the conditions of the neighborhood in which the Property is located are consistent with the Buyer's 77 intended use of the Property (the "Neighborhood Review"). The Neighborhood Review may include Buyer's 78 investigation of the schools, proximity to bus lines, availability of shopping,traffic patterns, noise, parking and 79 investigation of other neighborhood, environmental and safety conditions the Buyer may determine to be 80 relevant in deciding to purchase the Property. If Buyer does not give notice of disapproval of the 81 Neighborhood Review within (3 days if not filled in) of mutual acceptance of the Agreement, then 82 this Neighborhood Review condition shall conclusively be deemed satisfied (waived). If Buyer gives a timely 83 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to 84 Buyer. 85 3. ❑ PREINSPECTION CONDUCTED. Buyer, prior to mutual acceptance of this Agreement, conducted a 86 building, hazardous substances, building and zoning code, pest or soils/stability inspection of the Property, 87 and closing of this Agreement is not conditioned on the results of such inspections. Buyer elects to buy the 88 Property in its present condition and acknowledges that the decision to purchase the property was based on 89 Buyer's prior inspection and that Buyer has not relied on representations by Seller, Listing Broker or Selling 90 Broker. 91 4. Cif WAIVER OF INSPECTION. Buyer has been advised to obtain a building, hazardous substances, building 92 and zoning code, pest or soils/stability inspection, and to condition the closing of this Agreement on the 93 results of such inspections, but Buyer elects to waive the right and buy the Property in its present condition. 94 Buyer acknowledges that the decision to waive Buyer's inspection options was based on Buyer's personal 95 inspection and Buyer has not relied on representations by Seller, Listing Broker or Selling Broker. 96 [DK] 05/22/2019 [149;1 05/22/2019 _Ceak.--43414 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42FFA9113-61BB-49A7-B368-A442C351120D May, 17. 2019 9:45AM Windermere mag No. 7825 P. 2/2 Legal Descxia Lot 12 Maryc n D1vls1on Number 1, According To The Plat Thereof, ' Recorded In Volume 949 or Plats, Pages 46 And 47, Records 01 King # County Wa$hington, Situate In The County King, Washington 4-(- [Did 05/22/2019 Crib 05/22/2019 Authentisign ID:42FFA91e-61 BB-49A7-e368-A442C36112BD May. 17. 2019 9:40AM Windermere crag No. 7823 P. 2 . Form 17 SELLER DISCLOSURE,STATEMENT @copyright 2016 seller Disclosure statement IMPROVED PROPERTY Northwest Multtpie Elating Service Rev.7l16 ALL RIGHTS RESERVED Pagel ore SELLER: City ofsalle SAW' ILubut'u 1 I To be used in transfers of Improved residential real property,including residential dwellings up to four Units, neW Construction, 2 condominiums not subject to a public offering statement, certain timeshares, end manufactured and (nubile homes. Sea ROW 3 Chapter 94.06 for further information. 4 INSTRUCTIONS TO THE SELLER 5 Please complete the following form. Do not leave any spaces blenk, If the question clearly does not apply to the property cheek 8 "NA,"if the answer is"yes"lc any asterisked(")Item(s),please explain on attached sheets,Please refer to the Roe number(s)of 7 the quostion(s)when you provide your explanation(s), For your protection you must date end Initial each page of this disclosure a statement and each attachment, Delivery of the disclosure state/Tient must occur not later than five (6)business days, unless 9 otherwise agreed,after mutual acceptance of a wrltien purchase and sale agreement between Buyer and Seller. 10 NOTICE TO THE BUYER 11 THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12 1307 E St.SE ,CITY Auburn 13 STATE WA , ZtP 9801}2 COUNTY King ("THE PROPERTY") OR AS 14 LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. 16 SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED 18 ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE i7 STATEMENT. UNLESS YOU AND SELLER OTHERWSir AGREE IN WRITING,YOU HAVE THREE(3)BUSINESS DAYS FROM 18 THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT 19 BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT.Ir THE 20 SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT,THEN YOU MAY WAIVE THE RIGHT TO RESCIND 21 PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMENT, 22 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE POT THE REPRESENTATIONS OF ANY REAL ESTATE 23 LICENSEE OR OTHER PARTY.THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF 24 ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER_ 25 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OP THIS PROPERTY YOU ARE ADVISED 26 TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY,WHICH MAY INCLUDE, 27 WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS. 25 BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. 28 THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE 30 PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BEiWE_EN THEM WiTH RESPECT TO ANY 31 ADVICE,INSPECTION,DEFECTS OR WARRANTIES. 32 SELLER 0 IS/��'f. is NOT OCCUPYING THE PROPERTY. 33 I. SELLER'S DISCLOSURES: 34 "If you answer"Yes"to a question with an asterisk(t),please explain your answer and attach documents, if available and not 35 Otherwise publicly recorded,If necessary,use an attached sheet. 3G YES NO DON'T MA 37 I. TITLE KNOW 38 A. Do you have legal authority to sell the property?if no,please explain_.....................,,.,.,--,......... Cl 0 0 30 '13. Is title to the property subject to any of the following? 40 (1) Prat right ofrefusai0 j ❑ ❑ 41 (2) Option...- ❑ 1 CI ❑ 42 (3) Lease or rental agreement ❑ Q 43 (4) Life estate? �5i q ❑ 44 'C. Are there any encroachments,boundary agreements,or boundary disputes? 0 O x157 Q 45 *a_ to them a private road or easement agreement for access to the property? Ci -`'S] O ❑ 46 "B. Are there any rights-of-way,easements,or access limilatlons that may affect the Buyer's use of47 the property? Q ‘Nta 0 0 48 "F. Are there any written agreements for Joint maintenance o1 an easement or right-of-way?.. ❑ Li ❑ 49 'G. is there any study,suivey project,or notice that would adversely affect the property? 0 t] U 50 'H. Are there any pending or existing assessments against the property? ❑ 0 "Sj R 51 ELLER S INITIALS Oa e SELLER'S INITIALS Dote Authontislgn ID:42FFA916-6188-49A7.8368-A442C351128D May. 17. 2019 9:41AM Windermere mag No, 7823 P. 3 I � � Form 17 SELLER h1SCLOSURE STATEMENT 41/Copyright 2015 sellar Disclosure Statement North�rast Multiple Listing Service Rev.7116 IMPROVED PROPERTY ALL RIGHTO RESERVED 1 1 Page 2 of 6 (Conlirured) yEe NO DONT N/A 52 KNOW 53 *I. Are there any zoning violations,nonconforming uses,or any unusual restrictions on rho54 property that would affect future consiruetion or remodeling? 0 Et 0 55 *J. Is there a boundary survey for the property? ❑ Na a 0 58 'K. Are(here any covenant3,conditions,or restrictions recorded against the property? ...- 0 0 "sl 0 57 PLEASE NOTE:Covenants,conditions,and restrictions which purport to forbid or restrict the 58 conveyance,encumbrance,occupahoy,or tease of real property to individuals based on race, 59 ' creed,color,Sex,natlonetorigin,familial status,or dlbtlIly eve void,unenforceable,and 60 illegal.RCW 49.60.224. si ' • 2, WATER 62 A, Household Water 63 (1) The source of water for the properly Is;Private or publicly owned water system 54 0 Private well serving only the subject property *Ci Other water system 65 'If shared,are there any written agreements? - CI ❑ %Li 88 *(2)is there en easement(recorded or unrecorded)For access to and/or maintenance of the87 ` water source? ..,❑ 0 17 0 ea *(3)Are there any problems or repairs needed? 0 to 0 69 (4) DUring your ownership,has the source provided en£tdagUate year-round supply of potable water?..❑ 0N'N'SQ 10 if no,please explain: __ 71 1 ! *15)Are there any water treatment systems far the property? Cl C] N 0 72 If yes,are they:0 Leased Cd Owned 73 `(5)Are there any water rights for the property associated with Its domestic water supply,such74 as a water right permit,certificate,or claim? Li Q 0 75 (a) If yes,has the water right permit,certltcale,or claim been assigned,transferred,or changed? ❑ 0 "1 0 _78 *(b)If yes,hes all or any portion of the water right NI bean used(crave or more successive years?d 09 ❑ 77 *(7)Are there any defects In the operation of the water system(e.g.pipes,tank,pump,etc.)? CI ❑ Ci 78 B. Irrigation Water 79 (1) Are there any Irrigation water rights for the property,such as a water right permit, ed certificate,or olafmn? 0 CI Ci 61 ' *(e)rf yes.has all or any portion of the Water right riot been used for five or more 82 successive years? t7 a 0 83 • `(b)if so,is the certificate available?(if yes,please attach a copy.) 0 Q 0 84 *(a) If so,has the watertight permit,certificate,or claim been assigned.transferred,or changed? .,0 0 0 85 *(2) Does the property receive inigetiorl water from a ditch company,irrigation district,or other entity? C7 0 10 88 If so,please identify the entity that supplies water to the property! 87 -- — 88 C, outdoor Sprinkler System s9 \ (1) Is there an outdoor sprinkler system for the property? 0 0 igt ❑ so 4.(2)If yes,are there any defects in the system? .................................................................... ❑ 0 i I 91 *(3)11 yea,is the sprinider system oonneoted to Irrigation water? f] 0 Not 0 82 3. s):WER!ON-S1TE SEWAGE SYSTEM 93 A. The property is served by: fl4 --''''E Public sewer system ❑Onsite sewage system(including pipes,tanks,drainfields,and all other component parts) 05 LI Other disposal system 98 Please describe:. 97 604 .f/i�f l QiS L R`$INITIALS I ata SELLER'S WIT IALS Date I AuthentisignID:42FFA910-61BB-49A7-B368-A442C35112Bn May, 17, 2019 9:41AM Windermere mag No. 7823 P. 4 Form 17 SELLER DISCLOSURE STATEMENT @Copyright 2815 seller Disclosure Statement NorIhweat Maniple Listing$Bruits sell Pt 6 IMPROVED PROPERTY ALL RIGHTS RESERVER Page 3 of 6 (Continued) YES No DOI1'T NiA eg 13. If public sewer system service is available to the property,is the house connected to laNIOW 59 • the sewer mein? U d C] i00 If no,please explain; _ _ 101 'C. is the properly subject to any sewage system fees or charges In addition to those covered 102 In your regularly billed sewer or or,-site sewage system maintenance service?...............................C1 0 –IN 0 103 D. if the property Is connected to en Onsite sewage system: 01 104 I '(1)Was a permit issued for its construction,and was it approved by the local health 105 department or distrlOt following its construclion? ..t❑ 0 Of itt los (2) When Was it tact pumped? _ .• — 107 C(3)Are there any drtfecls in the operation of the on-site sewage system?...•.,,,...,...•.....................0 0 Q 108 (4) When was it last inspected? �, _ CIJ 109 Dy whom: 110 (5) For how many bedrooms was the on-site sewage syetern approved? bedrooms 0 Ntil 111 E. Are all plumbing fixtures,Including laundry drain,connected to the sewer/on-tile112 sewage system? ., ❑ 0 Cl 113 114 If no,please exptai tl; ., _ *F. Have there been any changes or repairs to the on-site sewage system? 0 0 0 115 G. is the on-site sewage system,Including the dralnfield,located entirely within the 116 boundaries of the property? , 0 0 0 117 if no,please explain: ,. 118 'H, noes the on-site sewage system require monitoring and maintenance services moro frequently119 than once a year? 0 0 ❑ 120 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION 121 WHICH HAS NEVER BEEN OCCUPIED,SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LiSTED IN ITEM 4 122 (STRUCTURAL)OR ITEM 5(SYSTEMS AND FIXTURES)- 123 4, STRUCTURAL 124 'A. Has the roof leaked within She last 5 years? _ CI Q ❑ 125 (� 'B. Has the basement flooded or leaked? Cl 0 CI NISI 126 'C. Have there been any conversions,additions or remodeling? CI 0 0 127 '(1)If yes,were all building permits obtained? ............. El ci \� ❑ 128 °(2)If yes,were all final inspections)obtained? 0 Cl 'Et Ii 129 • D. Do you know the age of the house? '`'&l LI Q 0 130 If yes.year of original conslruCtlon: 1I I°tt - - 131 'E, Has there been any settling,slippage,or eliding of the property or Ifs Improvements? 0 0 "5] tI 132 *F. Are there any defeats with the following:(If yea,please check applicable items end explain) 0 ❑ ❑ 133 O Foundations ❑ Decks , 0 Exterior Walls 134 O Chimneys CI i iterlor Wails Cl Fire Alarms 135 O Doors 0 Windows Cl Patio las O Ceilings 0 Slab Floors 0 Driveways 137 Q Pools 0 Hot Tub 0 Sauna LI Sidewalks 0 Outbuildings 0 Fireplaces 136 ❑ Garage Floors 0 Walkways CI Siding 119 O Wood Stoves Q Elevators 0 Incline Elevators • 140 ❑ Stairway Chair Lifts CI Wheelchair Lifts ❑ Other -- -NIS 141 , 'O. Was a structural past or"whole house'inspection done? Ci C] 31 ❑ 142 If yes,when and by whom was the inspection completed? 143 144 H. During your ownership,has the property hed any Wood destroying organism ar pest infestation?,,,._ R 0 \ 0 145 I. Is the attic Insulated? , 0 CI l 0 146 J. Is the basement Insulated? „0 ❑ \\EI\\E ❑ 147 SEL ER'S INITIALS Oais SELLER'S INITIALS Date 1 Authentisign ID:42FFA91B-61BB-49A7-8368-A442C35112BD May. 17. 2019 9:41AM Windermere rnag hi o, 7823 P. 5 Fenn 17 SELLER(DISCLOSURE STATEMENT Copyright 2415 ALL Setter Discloeera Statement IMPROVED PROPERTY Narthes ALL Multiple f£21CaNT5 RisLSEting Service • Rev.7115 • ALSEService Page 4 or 6 (Continued) v S NO DONT N/A 148 5. SYSTEMS ANt)FIXTURLS xttOW '149 CA. If any of the WIC/wing systems or fixtures are included with the transfer,are there any defects? 160 If yes,please explain; 151 Electrical systetn,including wiring,switches,outlets,and+Service 0 0 152 Plumbing system,Including pipes,faucets,fixtures,and toilets a 0 "Scb 0 153 Hot water tank 0 0 '?=1 0 184 Garbage disco's& 0 ❑ 0 155 l Appliances.,,, ,.,,,...,•...................... ............................................0 ❑ `SI 0 156 0 0 ` 1 Sump pump O 167 Heating and cooling systems 0 O ls 0 158 Security system: 0 Owned Q Leased 0 0 `� Q l59 j Other ,_.._..,,...Ct a ] Cl 16e i8. If any of the following fixtures or property is included with the transfer,are they leased? 161 (If yes,please attach copy of lease.) 162 Security System: -,,,,„ 0 0 `"€l 0 163 Tanks(type): ___............-......0 0 ;'"1 0 164 Satellite dish: 0 a ❑ 169 Other; _ _ ..❑ ❑ `51 0 186 `C. Are any of the following kinds of wood burning appliances present at the property? 167 (1) Woodstove? Cr ❑ 0 168 (2) Fireplace Insert? a \__ ❑ 0 160 9 Pellet stove? LI '�I 0 0 170 (4) Fireplace? Tilr 0 0 0 471 If yes,are all of the(1)woodstovas or(2)fireplace inserts certified by the U.S.Environmental172 Protection Agency as clean burning appliances to improve air quality and pubic health? 0 0 Cl �I 173 D. Is the property located within a city,county,or district or within a department of natural174 resources fire protection zone that provides fire protection services? 0 0 0 175 E is the property equipped with carbon monoxide alarms? (Note;Pursuant to RCW 19,27.530,Seller--..„� 178 must equip the residence with carbon monoxide atenns as required by the state building code,),.......,.1EI a Cl 0 177 F. Is the properly equipped with smoke alarms? Cl ❑ -Thil 0 178 6. HOMEOWNERS'ASSOCIATION/COMMON INTERESTS 179 A. Is there a Homeowners'Association? , 0 0" 0 480 Name of Association and contact Information For an officer,director,emp[oyee,or other authorized 181 agent,If any,who may provide the association's financial statements,minutes,bylaws,fining pofloy, 102 and other Information that is not publicly avaltable: 183 N, Aro there regular periodic assessments? 0 0 0 184 $ per U month 0 year 18,5 ❑Other: 185 'C. Are there any pending special assessments? Q ❑ ‘1I 0 187 4D. Are there any shared"common areas"or any joint maintenance agreements(facilities 188 - such as walls,fences,landscaping,pools,tennis courts,walkways,or other areas109 co-owned in undivided interest with others)?...,..., 0 0 0 lea 7, ENVIRONMENTAL 191 'A. Have there been any flooding,standing water,or drainage problems on the property192 ; that affect the property or access to the properly? 0 0 ❑ ies i '8. Does any part or the property contain fill dirt,waste,or other Iii material? 0 Cl �`Q ❑ 1e4 'C. Is!hero any materiel damage to the property from fire,wind,floods,beach movements, 195 earthquake,expansive soils,or landslides? Q 0 't] ii left 0. Are there any shorelines,wetlands,lloodpialrts,or critical areas on the property?,..,-• ❑ 0 �4 Cl 197 'E. Are thele any substances,materials,or products in or on the property that may be environmental 190 concerns,such as asbestos,formaldehyde,radon gas.lead.besed paint,lust or chemical 199 storage tanks,or contaminated soli or water? 0 a \I 0 200 'F, Has the property been used for commercial or industrial plirl oses? x`SI 0 ❑ 0 201 ,Por CO SY/WM SL R'S INITIALS Date SELLER'S INITIALS Data Aulhentisign ID:42FFA91B-61BB-49A7-8368-A442C36112BD May. 17. 2019 9:42AM Windermere mag No. 7823 P. 6 i ! I I i j Form 17 SELLER DISCLOSURE STATEMENT etCopyripht 2019 Seller Disclosure Statement IMPROVED PROPERTY Northwest Multiple Listing Service Rev.7115 ALL RIONTS RESERVED page 5 of 6 (Continued} YES NO DON'T N/A 202 KNOW 203 `G. Is there any aofl or groundwater contarninatIon? Q El 0 204 i t H. Are there transmission poles or other electrical utility equipment installed,maintained,or 205 buried on the properly that do not provide utility service to the structures on the property? 0 C30 0 205 'I, Has the property been used as a legal or illegal dumping silo? EL t7 8 tl 2A7 • 'J. Has the properly been used as en Illegal drug manufacturing site? 0 0 Cl 208 'lc, Are there any tedlo towers In the area that cause Interference with cellular telephone reception? ❑ 0 .~tcl Q 209 8. LEAD BASER PAINT(Applicable if the house was butt before 1978). 210 A. Presence of lead-based paint and/or lead-based paint hazards(check one below): 211 Q Known lead-based paint and/or lead-based paint hazards are present in the housing x12 (explain), 213 Seller hes no knowledge of lead-based paint and/or-lead-based paint hazards In the housing. 214 B, Records end reports available to the Seller(check one below): tis El Seller has provided the purchaser with all available records and reports pertaining to 216 lead-based paint and/or lead-based paint hazards in the housing(list documents below). 217 } ` 218 IS Seller has no reports or records pertaining to lead-based paint andfor lead-based paint hazards In the heustng, 219 9. MANUFACTURED AND MOBILE HOMES 220 ttiha property includes a manufactured or mobile home, 221 'A. Did you make any alterations to the home? 0 0 0 222 if yes,please describe the elterettone: 223 ' •E. Did any previous owner make any alterations to the home? ,,,, 111 0 0 ❑ 224 ''C. If alterations ware made,were permits or variances for these alterations obtained? ❑ El Q 225 10, FULL tUISUTASURE BY SELLERS 226 i A. Other conditionm or detects: 227 r *Are there any other existing malarial defects effecting the property that a prospective 228 I buyer should know about?. ❑ C3 l q 229 5, Verification 230 The foregoing answers and attached explanations(if any)are complete and correct to the best of Sailers knowledge and 231 Sewer has received a copy hereof.Seller agrees to defend, Indemnify and hold real estate licensees harmless from and 232 , against any and all claims that he above information Is inaccurate.Seller authorizes real estate licensees,If any,to deliver a 23.3 cop this disotos :statement to other real estate licensees and ail prospective buyers of the property. 234 1,.4 235 .• er 1 0 a Seiler Dela 236 As ts C.1441411 f.. tJ-►.. ;qe 3( v CAI 404vAtvld,l"1 If the answer le''Yes"to any asterisked(')items,please explain below(use additional sheets if necessary).Please refer to the line 237 number(s)of the Quostion(s). 238 239 .4V INkkkritl,a+wA.- �/51h,t91t A 240 241 242 243 244 2A5 24e 247 248 249 250 251 } Authenlisign ID:42FFA91B-6158-49A7-6368-A442C3511250 May. 17. 2019 9:42AM Windermere mag No, 7823 P. 7 t . Form 17 SELLER DISCLOSURE STATEMENT' QCopyright 2015 Seller Disclosure StatementNorlhwent Multiple Ucting service Rev,7115 i1VlPRl)VED PROPERTY ALL RIGHTS RESERVED Page 6 of 6 (Continued) NOTICES TO THE BUYER 202 1. SEX OFFENDER REGISTRATION 253 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 254 AGENCIES,THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERETO OBTAIN THIS INFORMATION AND IS NOT 2W AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 267 2. PROXIMITY TO FARMING THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN 25s CLOSE PROXIMITY TO A FARM.THE OPERATION OF A FARM INVOLVES USUAL AND CUSTOMARY AGRICULTURAL 2� PRACTICES,WHICH ARE PROTECTED UNDER ROW 7.48.305,THE WASHINGTON RIGHT TO FARM ACT. 260 III.BUYER'S ACKNOWLEDGEMENT 261 1, BUYER HEREBY ACKNOWLEDGES THAT 282 A, buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can he known to Buyer by 283 utllzing diligent attention and observation. 284 B. The disclosures set tbrth In this statement and In any amendments to this stetetnent are made Only by the Seller and 265 not by any real estate licensee or ether party. 288 C. Buyer acknowledges that,pursuant to RCW 64-06.050(2),real estate licensees ere not liable for Inaccurate information 267 provided by Seller,except to the extent that reel estate licensees know of such Inaccurate information- 268 D. This information is fur disclosure only and is not Intended to be a pert ofthe written agreement between the Buyer and Seller, 269 E. Buyer(which term Includes all persons signing the"Buyer's acceptance"portion of this disclosure statement below)has 270 received a copy of this Disclosure Statement(Including attachments,If any)bearing Seller's slgnature(s), 271 F. If lite house was built prior to 1978,buyer acknowledges receipt of the pamphlet Protect Your Family Froin Lead iri Your 272 How, 273 DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S 274 ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER 275 AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3)BUSINESS DAYS FROM THE DAY 276 SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY 277 DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT,YOU 219275 MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OP A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES 280 THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE 281 Ateic.traSE OR OTHER PARTY, AutheretisicN 282 IDCWIZ Krueger 05/22/2019 [Melo J 05!22!2019 { 2oc�v� 283 5rqu;gpIT-411*m,'9T— oalc 5/4,J,40I n.i.s.46'Pter'PuT oalo " 294 2. BUYER'S WAIVER OF RIGHT TO REVOKE OFFER 285 Buyer has read and reviewed the Seller's responses to this Seller Disclosure Statement,Buyer approves this statement and 286 yyll�e uthenhsicrrs;iuyer's right to revoke Buyer's offer based on This disclosure,—Aufhenfis,crr 287 A [VGA1Cd1Kroev 05/22/2019 'Melo 20rpe4 05/22/2019 tae 899l Dile E'S 5/22/2019 5:13:41 PM PDT (7Aie 280 5/22/2019 /2019 5:11:51 PM PDT 3. BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 290 Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement.Buyer waives Mot right. 291 However,if the answer to any of the questions In the section entitled"Environmental"would be"yes,"Buyer may not waive 292 the receipt of the"Envlronmentai"aeotlon of the Seller Disclosure Statement, 293 294 imp/ rt1Ta IIvy,r Oats 205 41: Cto� .r�iH/1 SEL ER's INITIALS Dale SELLER'S INITIALS Date Authenlisign ID:42FFA91B-6188-49A7-8368-A442C361128D May. 17. 2019 9A3AM Windermere mag No. 7823 P. 8 Exhibit A 2a(3)-The property is considered by the City to be"unlivable"in its current condition and therefor consider the property to be in need ofnumerous repairs.The total extent of which is unknown to the City. 7(f).- Prior to City ownership of the property it was used in the illegal manufacturing of marijuana for commix-69i purposes. 7(j)Y Sce 7(f) above DK 05/22/2019 [74d 05/22/2019 , • • , • . . • • . .. . .. ., .. . .... .. . ..: .. . . . ., „. , . . . . ... . • .. . .• ,.. ... . . . . . . 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