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HomeMy WebLinkAbout11102021 - McCormick Communities, LLC - Contract Bill of SaleBILL OF SALE In consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, McCORMICK COMMUNITIES, LLC ("McCormick") does hereby grant, sell, transfer, and deliver unto THE CITY OF PORT ORCHARD, WASHINGTON, a municipal corporation in Kitsap County, Washington ("City"), the following goods, chattels, and other items of personal property, namely: 1. The 580 Zone Reservoir and all appurtenances thereto (hereinafter "Reservoir") which is located at 4741 Old Clifton Road and is more particularly described in the permit issued by City for the development of this Reservoir contained in file number 20-345 C-Bldg. 2. The object of this Bill of Sale is to grant, sell, transfer, and deliver to the City, the ownership of all items of personalty which comprise the Reservoir installed by McCormick to date, to the full extent that McCormick has an ownership interest in and the rights to convey said Reservoir. 3. McCormick does hereby covenant that to the extent that McCormick is the lawful owner of the Reservoir; that such items are free from all liens and encumbrances; that McCormick has the right to sell or otherwise transfer the same, and that McCormick warrants the same against the claims and demands of all persons; and the execution of this Bill of Sale is an authorized act of McCormick. 4. In case any provision of this Bill of Sale shall be invalid, illegal, or unenforceable, it shall, to the extent possible, be modified in such a manner as to be valid, legal, and enforceable so as to most nearly to retain the intent of the Parties. If such modification is not possible, such provision shall be severed from this Bill of Sale. In either case the validity, legality, and enforceability of the remaining provisions of this Bill of Sale shall not in any way be affected or impaired thereby. 5. This Bill of Sale shall be governed by and construed and interpreted in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have signed this Bill of Sale as of November iU; 2021. McCormick (Seller): McCormick Communities, LLC By. l Its • A %HoiL�Z stir Name: iM 1 r PP, u L L,ry�97v Bill of Sale Page 1 of 4 City (Buyer): City of Port Orchard, Washington By: Its: Mayor Name: Robert Putaansuu ACKNOWLEDGMENT - MCCORMICK COMMUNITIES, LLC STATE OF WASHINGTON ) ) ss. County of ) On this day before me personally appeared tome M IC �PVI -E� known to he the oR } rr 51 r,, x L of McCormick Communities, LLC and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. of bLf GIVEN under my hand and official seal this day of , 2021. MARIA ❑RE WING NOTARY PUSUC [MUOense TATE OF WASHINGTON Number 20103017 rnisslan Expires March 20, 2024 Bill of Sale Page 2 of 3 Printed Name: H& r, c- Qre ,, j -- NOTARY PUBLIC in and fort e Sta. e of Washington, residing at n Cots My Commission Expires: p3,�j(}f 2D2 el. ACKNOWLEDGMENT — CITY OF PORT ORCHARD STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this day before me personally appeared ROBERT PUTAANSUU, to me known to be the Mayor of the City of Port Orchard, Washington, and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal this day of ),Wc7n 12021. i4nied Name: I e NOTARY PUBLIC in and for the Slate of Washington, residing at �( b My Commission Expires: 1 1 cZ Ar% Bill of Sale Page 3 of 3