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Home My WebLink About100-25 - Port Orchard Industrial Park, LLC - ContractDocusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE AGREEMENT FOR DONATION OF REAL PROPERTY This Agreement for Donation of Real Property ("Agreemenf') is made as of the date set forth below by and between: Port Orchard Industrial Park LLC, a Washington limited liability company, whose mailing address is 1016 29th St. NW Apt. 162, Gig Harbor WA. 98335 ("Donor"); and the City of Port Orchard, a Washington municipal corporation, whose mailing address is 216 Prospect Street, Port Orchard, WA 98366 ("City"). RECITALS A. Donor is the owner of certain real property located in the City of Port Orchard, Kitsap County, Washington, legally described in Exhibit A (the "Property"). B. Donor desires to donate, convey, and transfer the Property to the City for public purposes, and the City desires to accept such conveyance subject to the terms and conditions of this Agreement. C. The parties intend this transfer to qualify as a gift to a governmental entity exempt from Real Estate Excise Tax under RCW 82.45.010(3)(x) and WAC 458 -61A -201(2)(a) and (2)(c). D. No Real Estate Excise Tax (REET) shall be due in connection with this transfer. AGREEMENT In consideration of the mutual covenants herein and to evidence the voluntary donation of the Property under WAC 458-61A-201, the parties agree as follows: 1. PURCHASE PRICE The purchase price for the Property shall be Ten Dollars ($10.00) and other nominal consideration, solely to support valid delivery and recording. The parties acknowledge that this conveyance is a gift and not made for valuable consideration. 2. TITLE AND CONVEYANCE Donor shall convey title by Statutory Warranty Deed, in substantially the form attached as Exhibit B, containing the following notation: "This conveyance is a gift to the City of Port Orchard, a Washington municipal corporation, and is exempt from Real Estate Excise Tax pursuant to WAC 458 -61A -20L" Title shall be free and clear of all liens and encumbrances except those approved by the City. The City may, at its option and expense, obtain an owner's title insurance policy. 3. CLOSING Closing Date. Closing shall occur on or before November 20, 2025, or such other date mutually agreed. I11 A[2f17 1 _ 2ff.077 _ fl Al Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE Closing Agent. Ticor Title Company, 5775 Soundview Dr. Ste. 204B Gig Harbor, WA 98335 shall serve as closing agent unless otherwise agreed. Deliveries at Closing. (a) Donor shall deliver the executed Deed attached as Exhibit B and the Real Estate Excise Tax Affidavit attached as Exhibit C. (b) The City shall deliver nominal consideration of $10.00. (c) The Closing Agent shall record the Deed and file the Affidavit with the Kitsap County Assessor. Closing Costs. Each party shall bear its own costs; recording fees shall be paid by the City. No REET is due because this is an exemption donation. 4. REPRESENTATIONS AND WARRANTIES By Donor: Donor represents that (a) it holds fee simple title; (b) there are no pending claims or encumbrances not disclosed; (c) to Donor's knowledge, there are no environmental violations; and (d) the transfer is voluntary and without valuable consideration in accordance with WAC 458-61A-201(2). By City: The City represents that (a) it is duly organized under Washington law; (b) its governing body has authorized acceptance of the Property by resolution or ordinance; and (c) the Property will be used for lawful public purposes. 5. PROPERTY CONDITION The Property is accepted "AS IS, WHERE IS." 6. POSSESSION Possession shall transfer to the City upon recording of the Deed. 7. CITY COUNCIL APPROVAL This Agreement and the acceptance of the donation are contingent upon approval by the Port Orchard City Council through duly adopted action authorizing acceptance of the Property pursuant to RCW 35.21.100 and WAC 458-61A-201. I11 ACal17 1 G97 _ mn1 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE 8. TAXES AND ASSESSMENTS Donor shall pay any taxes or assessments due before Closing. The parties acknowledge that the transfer is exempt from REET under WAC 458-61A-201. 9. EFFECTIVE DATE, DEFAULT, AND TERMINATION This Agreement becomes effective upon execution by both parties. If either party fails to perform, the other may terminate by written notice, and neither shall have further liability thereafter. 10. GENERAL TERMS A. Notices. All notices must be in writing and delivered personally, by certified mail, or email with confirmation. B. Entire Agreement. This Agreement and the exhibits and schedules attached hereto constitute the entire agreement between the parties with respect to the donation of the Property, and supersede all prior agreements and understandings between the parties relating to the subject matter of this Agreement. There are no verbal or other agreements, including but not limited to any representations or warranties, which modify or affect this Agreement. C. Amendments. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. D. Governing Law. This Agreement and the legal relations between the parties hereto will be governed by, construed and enforced in accordance with the laws of the state of Washington without regard to its principles of conflicts of laws. E. Negotiation and Construction. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. F. Counterparts. This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. Furthermore, the parties agree that transmission of this Agreement via email in a ".pdf' or other electronic format shall be deemed transmission of the original Agreement for all purposes. G. Successors and Assigns; Third Parties. All of the rights, duties, benefits, liabilities and obligations of the parties shall inure to the benefit of, and be binding upon, their respective successors and assigns. Except as specifically set forth or referred to herein, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or 1,1A/17 1 - Zf.GOY) - rnn7 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE entity, other than the parties hereto and their successors or assigns, any rights or remedies under or by reason of this Agreement. 11. EXHIBITS. The following exhibits are attached to and made a part of this Agreement by this reference. Exhibit A — Legal Description Exhibit B — Statutory Warranty Deed Exhibit C — Real Estate Excise Tax Affidavit w/ Gift Exemption Statement DONOR Port Orchard Industrial Park LLC Name: C t ►, RC's IqSD C74 Title: J '/f/' — /� Date: DONEE/RECIPIENT CITY F PORT ORCHARD By: Title: Mayor Date: (9 ATT 9ned by: B O3JJ 11BBn0118 City Clerk ED AS TO FORM: (,(u4 fft, Qrdux 903701F95570457 City Attorney 777itc2(17 1 - Zff.O77 - (V(11 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO THE PLAT RECORDED JULY 27,1998 IN VOLUME 30 OF PLATS, PAGES 10, 11, 12 AND 13 UNDER KITSAP COUNTY AUDITOR'S FILE NO. 3106119; SITUATE IN KITSAP COUNTY, WASHINGTON. Assessor's Property Tax Parcel/Account No.: 5392-000-001-0004 111(Y71 1 _ 2GCC,, - nrn1 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE PORT ORCHARD CITY OF 202512150123 Deed Rec Fee: $ 306 50 12/15/2025 01 45 PM Pane 1 of 4 Pak,1 nndrews, Kitsap Cc Auditor After recording return to: City of Port Orchard City Clerk 216 Prospect Street Port Orchard, WA 98366 STATUTORY WARRANTY DEED Grantor: Grantee: Abbreviated Legal Description: Assessor's Property Tax Parcel/Account No.: Reference Numbers of Documents Assigned or Released: Port Orchard Industrial Park LLC, a Washington limited liability company City of Port Orchard, a Washington municipal corporation LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO THE PLAT RECORDED JULY 27, 1998 IN VOLUME 30 OF PLATS, PAGES 10, 11, 12 AND 13 UNDER KITSAP COUNTY AUDITOR'S FILE NO. 3106119; SITUATE IN KITSAP COUNTY, WASHINGTON. 5392-000-001-0004 N/A THE GRANTOR, Port Orchard Industrial Park LLC, a Washington limited liability company, for and in consideration often dollars ($10.Q0) in hand paid, conveys, and warrants to the City of Port Orchard, a Washington municipal corporation, as GRANTEE, all of Grantor's right, title and interest in the following described real estate, situated in Kitsap County, State of Washington, together with all after acquired title of the Grantor therein: See full legal description in Exhibit A attached hereto and made a part hereof. This conveyance is a gift to the City of Port Orchard, a Washington municipal corporation, and is exempt from Real Estate Excise Tax pursuant to WAC 458-61A-201 Subject to all covenants, conditions, casements, restrictions, reservations, encumbrances, and all other matters of record, including but not limited to those matters set forth in Exhibit B attached hereto and made a part hereof. 11130114.1- 371480 - 0002 [Signature Page Follows] KITSAP COUNTY TREASURER EXCISE 12/15/2025 2025EX07445 Clerk's Initial Total: $10.00 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE IN WITNESS WHEREOF, this Statutory Warranty Deed has been executed by Grantor as of II - Iy • Za225' , 2025. GRANTOR: Port Orchard Industrial Park LLC, a Washington limited liability company Printed Name: Title: Q l _� ACKNOWLEDGMENT STATE Of ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that 6 Wrl'4Ou.s the person who appeared before me, and said person acknowledged that he/she/they signed this instrument and acknowledged it as the ()j4e-F._ [Title] of Port Orchard Industrial Park LLC, a Washington limited liability company, to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Given under my hand and official seal this I , day of (VQvbec, 2025. I � r NOTARY PUBLIC ' Z \0 ,lam ` Name: G-o�tr R.ra Hue Notary Public in and for the State of Residing atSiiu'erdcr�o My appointment expires: 11130114.1- 371480 - 0002 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE EXHIBIT A LEGAL DESCRIPTION LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO THE PLAT RECORDED JULY 27, 1998 IN VOLUME 30 OF PLATS, PAGES 10, 11, 12 AND 13 UNDER KITSAP COUNTY AUDITOR'S FILE NO.3106119; SITUATE IN KITSAP COUNTY, WASHINGTON. 11130114.1- 371480- O002 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE EXHIBIT B PERMITTED EXCEPTIONS I. Payment of Real Estate Excise tax, if required: The property described herein is situated within the boundaries of local taxing authority of the City of Port Orchard. Present levy code is 0805. 2. General taxes: Year; 2025 Amount Billed: $ 2,607.02 Amount Paid: $2,607.02 Amount Due: $0 Tax Account No.: 5392-000-001-0004 Levy Code: 0805 Land: $298,680 Improvements: $-0- 3. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. 11130114.1-371480-0002 Docusign Envelope ID: 6C30A39A-8FB9-4130-8082-2902565C4BAE Department of RevenuetC� Real Estate Excise Tax Affidavit (RCW 82.45 WAC 458-61A) ' Only for sales in a single location code on or after April 1, 2025. Washington State This affidavit will not be accented unless all areas on all pages are fully and accurately completed Form 840001a This form is your receipt when stamped by cashier. Please type or print. ❑ Check box if partial sale, indicate % sold. List percentage of ownership acquired next to each name. 1 Seller/Grantor 2 Buyer/Grantee Name Port Orchard Industrical Park LLC City of Port Orchard Name Mailing address 1016 29th St. NW, Apt 162 City/state/zip Gig Harbor, WA 98335 Phone (including area code) 3 Send all property tax correspondence to: Same as Buyer/Grantee Name Mailing address City/state/zip — Mailing address 216ProspectStreet City/state/zip Portorchard WA 98366 Phone (including area code) 3608764407 List all real and personal property tax parcel account numbers 5392-000-001-0004 Personal Assessed property? value(s) ❑✓ $ 0.00 ❑ ❑ 4 Street address of property This property is located in IPort Orchard (for unincorporated locations please select your county) ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if you need more space, attach a separate sheet to each page of the affidavit). LOT1, Port Orchard Industrial Park DIV 1 Accourding to Plat Recorded July 27, 1998 in Volume 30 of Plats, Pages 10, 11, 12, and 13 Under Kitsap County Auditor's File No. 3106119; Situate in Kitsap County, Washington. 5 191 - Undeveloped land (land only) 7 List all personal property (tangible and intangible) included in selling Enter any additional codes (see back of last page for instructions) Was the seller receiving a property tax exemption or deferral under RCW 84.36, 84.37, or 84.38 (nonprofit org., senior citizen or disabled person, homeowner with limited income)? ❑ Yes 0 No Is this property predominately used for timber (as classified under RCW 84.34 and 84.33) or agriculture (as classified under RCW 84.34.020) and will continue in it's current use? If yes and the transfer involves multiple parcels with different classifications, complete the predominate use calculator (see instructions) Dyes 0 No price. None. If claiming an exemption, enter exemption code pp�and reason for exemption. *See dor.wa.gov/REET WAPx45ti-61A %o e. Exemption No. (sec/sub) Reason for exemption gift to City of Port Orchard, a Washington municipal corporation 6 Is this property designated as forest land per RCW 84.33? ❑Yes 0No Is this property classified as current use (open space, farm Type of document Statutory Warranty Deed and agricultural, or timber) land per RCW 84.34? ❑ Yes 0 No Date of document 11-14-2025 Is this property receiving special valuation as historical property per RCW 84.26? ❑ Yes 0 No If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale (RCW 84.33.140 or 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land: 0 does 0 does not qualify for continuance. Deputy assessor signature Date (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) doesn't wish to continue, all additional tax calculated pursuant to RCW 84.26, shall be due and payable by the seller or transferor at the time of sale. (3) NEW OWNER(S) SIGNATURE Gross selling price 10.00 *Personal property (deduct) 0.00 Exemption claimed (deduct) 0.00 Taxable selling price 10.00 Excise tax: state Less than $525,000.01 at 1.1% 0.11 From $525,000.01 to $1,525,000 at 1.28% 0.00 From $1,525,000.01 to $3,025,000 at 2.75% 0.00 Above $3,025,000 at 3% 0.00 Agricultural and timberland at 1.28% 0.00 Total excise tax: state 0.11 0.0050 Local 0.05 *Delinquent interest: state 0.00 Local 0.00 *Delinquent penalty 0.00 Subtotal 0.16 *State technology fee 5.00 Affidavit processing fee 4.84 Signature Signature Total due 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX Print name Print name *SEE INSTRUCTIONS 8 I CERTIFY UNDER PENALTY OF PERJURY TH H OREGOING IS JRJE AND CORRECT Signature of grantor or ent ZZ, ti f Signature of grantee or age Name (print) —Al Name (print) Robert Putaansuu Mayor Y� Date & city of signing T� s j � Date & city of signing 7, — f f7 / rA Perjury in the second degree is a class C felony which is punishable by confinement in a state correctional institution for a maximum term of five years, or by a fine in an amount fixed by the court of not more than $10,000, or by both such confinement and fine (RCW 9A.72.030 and RCW 9A.20.021(1)(c)). To ask about the availability of this publication in an alternate format for the visually impaired, please call 360-705-6705. Teletype (TTY) users may use the WA Relay Service by calling 711. REV 84 0001a (3/17/25) HIS SPAC SURER'S USE ONLY vadCl�3l�i OrH 4 Print on g(/ size paper. Page l of 6