095-22 - Randy Jones and Franklin Rusk - ContractDocuSign Envelope ID: E860F793-96CE-48AC-8385-86OC2C822010
Contract No. 095-22
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter
"Agreement") is entered into by and between Randy A. Jones and Franklin Joseph Rusk
(hereinafter "Seller") and the City of Port Orchard, hereinafter referred to as
"AGENCY", a municipal corporation and political subdivision of the state of Washington
(hereinafter "Purchaser"). Seller and Purchaser may hereinafter collectively be referred to
as "Parties" or individually as a "Party."
AGREEMENT
FOR AND IN CONSIDERATION of the mutual promises and covenants contained
herein, the sufficiency of which is unconditionally acknowledged by Seller and Purchaser,
the Parties agree as follows:
1. The Property. Seller is the sole owner in fee simple of certain real property located
in Pierce County, Washington identified by parcel number 4027-032-001-0102 & 4027-023-
018-0003 and legally described on the attached Exhibit A (the Property).
2. Purchase and Sale. Seller shall sell and convey to Purchaser, and Purchaser shall
purchase and accept from Seller, upon the terms, covenants, and conditions set forth in this
Agreement, all of Seller's right, title, and interest in and to the Property, including all after -
acquired property. Seller warrants that Seller has full right, title, authority, and capacity to
execute this Agreement and sell the Property. Purchaser warrants that Purchaser has full right,
title, authority, and capacity to execute this Agreement and purchase the Property.
3. Purchase Price and Payment. The total purchase price for the Property (hereinafter
"Purchase Price") is Seven Hundred and Twenty Five Thousand Dollars NO/100 ($725,000)
Dollars and shall be paid by Purchaser to Seller by cashier's check, certified check, or wire
transfer of immediately available funds to Seller at closing.
4. Conveyance of Title. Seller shall convey title to the Property legally described on
the attached Exhibit A to Purchaser by Statutory Warranty Deed (hereinafter "Deed").
5. Closing; Possession. Closing shall occur upon payment of the Purchase Price to
Seller from Purchaser and delivery of the!exeqWed Dited from Seller to Purchaser (hereinafter
"Closing Date"), but in no event later than 2. The Parties agree to execute
any and all documents necessary to effectuate the intent of this Agreement. Purchaser shall
be entitled to possession of the Property legally described on the attached Exhibit A as of the
Closing Date.
6. Approval by the City of Port Orchard. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on the Purchaser until approved by
the City of Port Orchard, in an open public meeting.
7. Risk of Loss. Risk of loss of or damage to the Property shall be borne by Seller until
the Closing Date. Thereafter, Purchaser shall bear the risk of loss. In the event of material
loss of or damage to the Property prior to the Closing Date, Seller shall promptly notify
Purchaser in writing and Seller shall not be obligated to restore the Property nor pay damages
to Purchaser by reason of such loss or damage. Upon receipt of written notice pursuant to
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Section 10 below, Purchaser may within five (5) business days terminate this Agreement by
giving written notice of such termination to Seller and such termination shall be effective
immediately; provided, however, that Purchaser may elect to purchase the Property in the
condition then existing; provided that, Purchaser delivers notice of such election pursuant to
Section 10 below within five (5) business days of receipt of Seller's notice of a material loss
of or damage to the Property as provided for in this Section 8.
8. Closing Costs & Prorations. Seller shall pay its own attorney fees. Purchaser shall
pay the cost of recording the Deed, its own attorney fees, and all other costs and expenses
allocated to Purchaser and Seller pursuant to the terms of this Agreement; excepting only the
Seller's payment of its own attorney fees as provided for above in this Section 8 and any
prorations for which it is responsible pursuant to the following sentence. Any taxes, liens,
assessments, insurance, or charges imposed by law upon the Property shall be prorated as of
the Closing Date, with such prorations to be a final settlement between the Parties.
9. Notices. Except as specifically set forth herein, any demand, request or notice which
either Party desires or may be required to make or deliver to the other shall be in writing and
shall be deemed given when personally delivered, or when delivered by private courier
service (such as Federal Express), or three days after being deposited in the United States
Mail first class, postage prepaid and addressed as follows:
PURCHASER
SELLER
City of Port Orchard, Public Works
Randy A. Jones and Franklin Joseph
Department
Rusk
216 Prospect St
1777 Bay St.
Port Orchard, WA 98366
Port Orchard, WA 98366
The foregoing addresses may be changed by written notices to the other party as provided
herein.
10. Time. Time is of the essence in every provision herein contained.
11. Binding Agreement. This Agreement shall inure to the benefit of and be binding
upon the heirs, personal representative, successors, and assigns of the Parties.
12. Attorneys' Fees. In the event of any litigation regarding the rights and obligations
of the parties under this Agreement, the prevailing party shall recover its costs and attorneys'
fees, including such costs and attorneys' fees for appeals.
13. Negotiation and Construction. This Agreement was negotiated by the Parties and
shall be construed according to its fair meaning and not strictly for or against either Party.
14. Entire Agreement. This Agreement contains the entire understanding between the
Parties and supersedes any prior understandings and agreements between them regarding the
subject matter hereof. There are no other representations, agreements, or understandings,
oral or written, between the Parties relating to the subject matter of this Agreement. No
amendment of, or supplement to, this Agreement shall be valid or effective unless made in
writing and executed by the Parties.
15. Counterparts. This Agreement may be signed in two or more counterparts, which
taken together shall constitute the complete Agreement.
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16. Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable; this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part of this Agreement; and the remaining provisions of this
Agreement shall remain in full force and effect and shall not be affected by such illegal,
invalid or unenforceable provision or by its severance from this Agreement.
[SIGNATURES & ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES]
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PURCHASER'S SIGNATURE PAGE
A pro Us.d a bto legal form only:
t4 2A&41'e'r
Ci Attorney
rain y Rinear n, LMC
City Clerk
Final Action:
0.
Robert Putaansuu
Mayor
- = �•�
�•�-
= SEAL
STATE OF WASHINGTON
�fr ail
) ss
COUNTY OF KITSAP
)
Date: 7/13/2022
Date: I _ ( - �
Date: 1� e
On this J ,3 day of ,j (j I , 2022, before me, the undersigned, a notary
�'
blic in and for the state of Washington, duly commissioned and sworn, personally appeared
f-A I-Z)J {ay-),X known to me to be the Mayor of the City of Port Orchard,
Washington, a municipal corporation and political subdivision of the state of Washington,
who executed the within and foregoing instrument and acknowledged the said instrument to
be the free and voluntary act of said municipal corporation for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the said instrument.
In witness whereof, l have hereunto set my hand and affixed my official seal the day
and year first above written.
GIVEN under my hand and official seal the day and year last above written.
►►i�llllilrrrl
tary Public in and for th tate of
ashington, residing at
-[
.n jO 8fL I CVIy commission expires
&NZJTfIt}4S
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5
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SELLER'S SIGNATURE E
Randy A.Jones
r---
Frank i eph Rusk
STATE OF WASHINGTON )
) ss.
COUNTY OFJ
I the undersigned, a Notary Public, do hereby certify that on this day of � j ,
2022, personally appeared before me, Randy A. Jones and Franklin Joseph Rus , to m known
to be the individuals described in and who executed the within instrument, and acknowledged
that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and official seal the day and year in this certificate above written.
Notary Pi , ' in and for the qtate of
Nul,; Printed Name:
MARGARV R BAILEY/ Roldin
NOTARY PU91.iC #4909 at EL. _CC STATE OF WABHMr(;ii'QM My commission expires
COMWSS1QM!E"xPlREl s
FEBRbARY 13, 2M
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EXHIBIT A
PARCEL NO.4027.032.001-0102 8 4027-023-018-003
LEGAL ❑ESCRIP770M
PER LAND TITLE CO.WANY OF KITSAP COLWTY ORDER NO E•23580E. DATED JANVARY 23. XIS)
LOTISI 1 AND :, BLOCK K SIDNEY TILIELANDS. ACCORDING TO THE MAP ON FILE IN THE OFFICE OF THE
COMWSSIONER OF PUBLIC LANDS. OLYUPIA. WA . TIDELAAD LOTIS� I AND Z BLOCK 32. PLAT OF
ANNAPOLIS. ACCORDWG TO THE PLA TRECORDED IN VOLUME I OF PLATS. PAGE(S) $4. RECORDS OF
► ITSAP COUNTY. WASHINGTON; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 3. AND THE
FIRST CLASS COUNTY, WASHINGTON. ❑ESCRfBED AS FOLLOWS,
OOMMEAICWG AT THE SOUTHEAST CORNER OF LOT I. BLOCK 23. PLAT OF ANNAP0411 ACCORDING TO
THE PLAT RECORDED IN VOLLMAE I OF FLATS. PAGE(SI 64 RECORDS OF KITSAP COUNTY, WASHWO TON,
WHICH NE TRLtE POINT OF SEOWNWO,, THENCE 85 FEET NORTHEASTERL Y ALONG THE WES T INAP6)lh
CIF BAY STREET RIGHT-OF•IVA Y THENCE 35 FEET SOUTHEASTERLY ALONG A LINE PERPEND$CULAR TO
THE WESTUAR W OF SAID 84Y STREET THENCE 85 FEET SOUTHMSTERLY ALONG ALINE PARALLEL
TOW WEST MARGIN OF SAO BAY STREET THFJYCE 35 FEET NORTNWESTERLYALONG A LINE WHICH
oS PERPENDICULAR TO TKE WEST WROIN OF SAID SAYS TREET TO THE TRUE POINT OF BEGINNi NG
AND TOGETHER WITH TIME UVOMED RtOHT OF•WAY WHICH IS KIST OF SAY STREETAND IS BETWEEN
BL=S 23 AND 3Z SIDNEY TIDELANDS.
AS IN PORT ORCHARD ORDINANCE NO 1603 AND AS CORRECTED BY ORDINANCE NO.023-09 RECORDED
UNDER AUDITOR'S FILE NO 20M825OOfO
TOGETHER WITH.
ALL OFLOT I BLOCK 23. ACCORDING TO THE PLAT OF SNORE AND TIDELANDS OF SIDNEY ON FILE IN THE
OFFICE OF THE DEPARTMENT OF RESCIVRCES OF THE STATE OF WASMNOTON. AT OCYMPIA.
WASHINGTON TOGETHER WITH THE UN-hAMED RIGHT OF -WA Y WHICH IS WEST OF DAY STREET AND
BETWEEN BLOCKS 23 AND 3Z SIDNEY TIDELANDS. AS VACATED PER ORDINANCE NO. 1603, DA TED APRIL
rf. is4.
m/0- -mi.
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