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AG 23-222 - HONG-GI AND EUN-JIN KONG - PARCEL 092104-9313RETURN TO: PW ADMIN EXT: 2700 ID #: 4371 (Master - 4307) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PE$SON: Desiree Winkler EXT: 2711 3. DATE REQ. BV: 9/29/23 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL 0 OTHER Purchase & Sale Agreement 4. PROJECT NAME: OMF - Property Acquisition - Kong PSA Parcel # 092104-9313 5. NAME OF CONTRACTOR: Hong-Gi and Eun-Jin Kong (property owners) ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE p ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. 7. TERM: COMMENCEMENT DATE: n/a COMPLETION DATE: n/a 31 [ 1 2A 8. TOTAL COMPENSATION: $ 875,000.00 _ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: r36610-26110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 9120/23 ❑ DIRECTOR Zrn.�'II ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA9121/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC, D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIORTO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT iA LAW DEPT U A I 7rTz o, ❑ SIGNATORY (MAYOR IRECTOR] ❑ CITY CLERK 8 ASSIGNED AG # G 23-222 ❑ SIGNED COPY RETURNED r - _ SENT: COMMENTS: EXECUTE " 1 " ORIGINALS Requesting a review of this offer package as the "TEMPLATE" for all offer packages on this project Once this one is reviewed and approved, we will make all offers on these same forms KVA 9/21/23 - template approved I r3020 Tllerra A C L S C O M P A N Y DATE: 11212024 TO: City of Federal Way Attn: Desiree S. Winkler, P.E. Address: 33325 8rh Ave. S. Federal Way, WA 98003 Phone: (253) 835-2711 RE: Project Name: Federal Way, O & M Property Owner: Hong-Gi and Eun-Jin Kong Project Parcel No. 092104-9313 DOCUMENT(S) TRANSMITTED: Q Hand Delivered ❑ I1S Mail ❑ Pick-nn ❑ Other Dated No. Item 11/17/2023 1 Offer Letter -signed acknowledgement 12/28/2023 2 Purchase and Sale A eement- for city signatures 12/28/2023 3 Warranty Deed - for city signatures 12/28/2023 4 Real Estate Excise Tax Affidavit- for city signature 12/28/2023 5 Real Property Voucher- for processing payment 12/28/2023 6 W-9 - to process payment 7 Seller's Disclosure Statement -not included but will follow 8 Utility Service Provider Contact List -not included but will follow 12/28/2023 1 9 J Escrow Agreement -need city signature, for escrow to process closin Rl For your Approval & Process ❑ For your Information ❑ As Requested El For your Signature ❑ For your Use ❑ For Review & Comment ❑ Other: COMMENTS: Desiree, Please keep me in the loop when fully executed does are delivered to escrow. Thanks, Marge Marge R. Bailey Project Manager Tierra Right of Way Services, Ltd. 8685 Martin Way E., Ste 203, Lacey, WA 98516 253.439.7143 mobile 1800. 887.08471 www.tierra-row.coni 1 RECEIVED BY: ��' DATE: Tierra Right of Way Services, Ltd. Leslie Findlay, Designated Broker "27965 8685 Martin Way East, Suite 203 • Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources • Environmental Planning Toll Free- 800 887.0847 • www tierra-row corn Tw�l e) "ro r, V 11 / 17/2023 Richard Honggi Kong and Eun-fin Kong 2808 S 308th Lane, Federal Way, WA 98003 Offer Letter Project Title: City of Federal Way, Joint Operations & Maintenance Facility Parcel No.: 092104-9313 Dear Mr. & Mrs. Kong: The City of Federal Way (City) plans to proceed with the above -titled public project. The City will be constructing a new Operations and Maintenance Facility in the Steel Lake proximity. The purpose of this letter is to notify you of the following: The City's interest in acquiring your property and/or property rights for this project. The City's determination of just compensation for your property and/or property rights. The basic protections afforded to you by law. As outlined below, the City has established an amount it believes is just compensation based on the market value estimated for your property. The City's offer is as follows: Land and lru roN-ements C.onve es1 m Fee: Total Amount EU Your property has been examined by a qualified appraiser and appraisal reviewer who have carc£ully considwrcd all the ,:IaLnts wlxich contributc to t ;c marlict valuc of your propper"tr. ou, or your designated representative, were provided with an opportunity to accompany the appraiser and appraisal reviewers on all inspections of your property. By law, the appraisers and appraisal reviewers must disregard any general increase or decrease in value caused by the project i5icjf?* cif i.Vay Services. Ltd.. _ L �. -- t-?`i tit -.V 86r,5 f. art!n Vlaay East, Suite 203 Lacey, P , E!.Vironm�rltaI Planning igl;t �i �iva{ Cultur�;f F�e;;pUrt=- a , LJI Frr The City has determined that the project will displace you, your tenants, or your personal property. By law, you are eligible for relocation assistance consistent with state and federal law and have rights. Owners and tenants of dwellings, businesses, farm operations, or nonprofit organizations being displaced cannot be required to move from the referenced property without being given a written assurance of at least 90 days prior to the date by which they will be required to vacate the property. The City will provide this assurance as well as additional information regarding your eligibility in forthcoming relocation letter entitled, "Notice of Relocation Eligibility, Entitlements, and 90-Day Assurance". Occupancy of the property beyond the date the City acquires possession will require that a rental agreement be signed and rent be paid. If the occupant vacates the property within 30 days after the "payment date", the City will refund all prepaid rent. RCW 64.06 provides for a disclosure statement from sellers of residential property including multi -family dwellings up to four units and condominiums unless the Purchaser elects to waive the necessity of said statement. The City, as Purchaser of your property, does require the necessity of you to provide the disclosure statement. If a mutually agreeable settlement is not reached, the City, acting in the public interest, will use its right of eminent domain to acquire property for public use. In conformity with the Washington State Constitution and laws, the City's legal counsel will file a condemnation suit to obtain a "Court Order of Public Use and Necessity", and a trial will be arranged to determine the just compensation to be paid for the property. This action is taken to ensure your rights as an individual property owner are protected. If a condemnation action is filed, you should consider consulting with an attorney to ensure that you receive appropriate representation. You may wish to employ professional services to evaluate the City's offer. If you do so, we suggest that you employ well -qualified evaluators so that the resulting evaluation report will be useful to you in deciding whether to accept the City's offer. The City will reimburse up to $750.00 of your evaluation costs upon submission of the bills or paid receipts. The Internal Revenue Service (IRS) requires that the City obtain your correct taxpayer identification number (TIN) or social security number (SSN) to report income paid to you as a result of this real estate transaction. payment for your property and/or property rights will be made available to you as soon as reasonably possible after acceptance of the City's offer, provided that there are not delays in closing the transaction. The date on which payment is made available to you is called the "payment date". On that date, the City becomes the owner of the property rights purchased and responsible for its control and management. If you have personal property presently located on the property being acquired by the City that needs to be moved, the City will reimburse you for the cost of moving it through the Relocation Assistance program. LPA-350 2 Rev. 8/2022 Enclosed please find the following: The necessary legal documents for the transferring of the property or property rights • Real Estate Excise Tax Affidavit Real Property Voucher • W-9 per IRS requirements ® Utility Service Provider Sheet m Seller Disclosure Statement A copy of the valuation of your property Title Report Escrow Agreement • Transportation Needs and You Brochure (explaining the Right of Way acquisition process) This letter has been sent to provide a concise statement of the City's offer and summary of your rights. Please feel free to direct any questions you may have to the undersigned. Thank you for your time and consideration. Sincerely, Brendenn Kralicek Right of Way Agent Tierra Right of Way Services, Ltd 8685 Markin Way E., #203 Lacey, WA 98516 oni (206) 677-8361 mobile Enclosures Acknowledgment of receipt of Offer Letter Signature: z Date: Richard Hong Konb t Signature: Date: Eun- in Kong Signature above does not mean acceptance or rejection of offer. LPA-350 Rev. 8/2022 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into by and between Richard Honggi Kong, formerly known as Hong-Gi Kong and Eun-Jin Kong, who also appears of record as Eun An Kong, husband and wife, a (hereinafter "Seller") and The City of Federal Way, 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 a certain real property located in King County, Washington 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 Pavment. The total purchase price for the Property (hereinafter "Purchase Price") is EIGHT HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 Dollars ($875,000.00) 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 e to Deed from Seller to Purchaser (hereinafter "Closing Date"), but in no event later than -3. 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. 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 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. 7. Closine 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 Page 1 of 5 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. 8. 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 Federal Way Richard Honggi Kong and Eun-Jin Kong 33325 8th Ave. S. 2808 S 308th Lane, Federal Way, WA 98003 Federal Way, WA 98003 The foregoing addresses may be changed by written notices to the other party as provided herein. 9. Time. Time is of the essence in every provision herein contained. 10. Binding Agreement. This Agreement shall inure to the benefit of and be binding upon the heirs, personal representative, successors, and assigns of the Parties. 11. 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. 12. Nei=otiation 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. 13. 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. 14. Counterparts. This Agreement may be signed in two or more counterparts, which taken together shall constitute the complete Agreement. 15. 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] Page 2 of 5 PURCHASER'S SIGNATURE PAGE City of Federal Way Date: , \3k W1xi EJ W sh, P.E. Dire or of Public Works STATE OF WASHINGTON :ss County of On this 3 day ofuat�Wobrks, ore me personally appeared EJ Walsh, P.E., to me known to be the Director of Pub for the City of Federal Way, and that he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Federal Way, for the uses and purposes therein set forth, and on oath states that he is authorized to execute said instrument. GIVEN my hand and official seal this 3 day of 1) "L1CC�.[ll� , �i? - 2-02-4 =E)Pr" cnrra ic ngton s 0 uo�Q24CAXrjra20103806 ATTEST: 11QlG t Notary's signature Notary's printed name�- Notary Public in and for the State of Washington. My commission expires 1- 9 -Zj APPROVED AS TO FORM: /—/ — i=:::� r� �(= r yan Call, City Attonie 1 /3 � ?- 6 -Lq Date Page 3 of 5 SELLER'S SIGNATURE PAGE Date: , 2023 Richard Honggi Zodj Eun-Yin Kong STATE OF WASHINGTON ) :ss County of Lv-1 am On this day personally appeared before me, Richard Honggi Kong and Eun-Yin Kong, to me known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 2S 44 day of Q CA/vl(6 64 12023. MARGARET R BAILEY Notary's signature . NOTARY PUBLIC#4"$ Notary's printed name �2 L STATEOFWA,SIIINGTON Notary Public in and for the Slate Washington. Co HISS10N EXPIRE$ My commission expires a 13 ZG FE13RUARY 13, 2025 Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION LOT 2, KING COUNTY SHORT PLAT NO. 1085010, RECORDED UNDER KING COUNTY RECORDING NO.8607240740, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT X AS DELINEATED ON THE FACE OF SAID SHORT PLAT. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE REMAINING UNDIVIDED INTEREST IN TRACTS X, AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER TRACT X OF KING COUNTY SHORT PLAT NO. 1085009, RECORDED UNDER KING COUNTY RECORDING NO. 8607240744, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 5 of 5 After recording return document to: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Document Title: Warranty Deed Reference Number of Related Document: Grantors: Richard Honggi Kong and Eun-Jin Kong Grantee: City of Federal Way Legal Description: LT 2, KCSP NO. 1085010, REC NO.8607240740 Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: 092104-9313 WARRANTY DEED City of Federal Way, Joint Operations & Maintenance Facility The Grantors, Richard Honggi Kong, formerly known as Hong-Gi Kong and Eun- Jin Kong, who also appears of record as Eun Jin Kong, husband and wife for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby convey and warrant to the City of Federal Way, a municipal corporation, Grantee, the following described real properly situated in King County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Federal Way unless and until accepted and approved hereon in writing for the City of Federal Way, by its authorized agent. Project No. 36610 LPA-302 Page 1 of (4) Pages Parcel No. 092104-9313 10/2014 WARRANTY DEED Date: 2023 Eun-Jin Kong STATE OF WASHINGTON ) -ss County of j On this day personally appeared before me, Richard Honggi_Kong and Eun-jin Kong, to me known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day 2023. ' MARGARET R BAILEY NOTARY PUBLIC #4909 STATE OF WAMNGTOO COMMISSION EXPIRES FEBRUARY 13, 2026 , Notary's signature r Notary's printed name i� Notary Public in and for the Strlte a Washington. My commission expires , �J Z%o LPA-302 Page 2 of (4) Pages Parcel No. 092104-9313 10/2014 WARRANTY DEED City of Federal Way ��- Date: EJ alsh, P.E. Director of Public Works STATE OF WASHINGTON ss County of On this 3 day of uA before me personally appeared EJ Walsh, P.E., to me known to be the Director of Publfd Works, for the City of Federal Way, and that he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Federal Way, for the uses and purposes therein set forth, and on oath states that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. 5 Notary's signature s" DOM®R Grdunt Now" POW Notary's printed name gMWdW M Notary Public in and for the State of Washington. �"�HEWOM xotiaas My commission expires R ATTEST: APPROVED AS TO FORM: Date /1-j f .Ryan Call, City Attorney 1 Date LPA-302 Page 3 of (4) Pages Parcel No. 092104-9313 10/2014 WARRANTY DEED EXHIBIT A LEGAL DESCRIPTION LOT 2, KING COUNTY SHORT PLAT NO. 1085010, RECORDED UNDER KING COUNTY RECORDING NO.8607240740, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT X AS DELINEATED ON THE FACE OF SAID SHORT PLAT. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE REMAINING UNDIVIDED INTEREST IN TRACTS X, AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER TRACT X OF KING COUNTY SHORT PLAT NO. 1085009, RECORDED UNDER KING COUNTY RECORDING NO. 8607240744, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Grantor's Initials LPA-302 Page 4 of (4) Pages Parcel No. 092104-9313 10/2014 REAL PROPERTY VOUCHER AGENCY NAME City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency, that the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. SIGNATURE IN INK) FOR EACH CLAIMANT DATED G X GRANTOR OR CLAIMANT (NAME, ADDRESS) TIN/SSN: Richard Honggi Kong and Eun-Jin Kong 2808 S 308th Lane Federal Way, WA 98003 Richard Honggi Kong X I PROJECT NO. AND TITLE 436610 - City of Federal Way, Joint Operations & Maintenance Facility FEDERAL. AID NO. N/A PARCEL NO. 092104-9313 Eun-Jin Kong In full, complete and final payment and settlement for the title or interest conveyed or released, as fully set forth in: DATED $ AMOUNT LAND: Land and Improvements Conveyed in Fee + $875,000.00 IMPROVEMENTS: DAMAGES: Cost to Cure + Proximity + Other + SPECIAL BENEFITS JC (Just Compensation) Amount $875.000.00 REMAINDER: Uneconomic Remnant + Excess Acquisition + DEDUCTIONS: Amount Previously Paid Performance Bond Salvage Amount Pre Paid Rent Other .ADMINISTRATIVE SETTLEMENT + STATUTORY EVALUATION ALLOWANCE + ESCROW FEE + REAL ESTATE EXCISE TAX + OTHER: ACQUISITION AGENT �j Brendenn Kralicek — J DATE Voucher No. / �a 'TOTAL AMOUNT PAID $875,000.00 AUTHORIZED AGENT F AGENCY /lam DATE 1 �-M LPA-32110/2014 / W1111111119 Request for Taxpayer Give Form to the Form (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Interval Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. i Name (ass n on your income to eturn), N me is relg3u'od on this line: do not leave this line blank, 2 •Susi^ s--s ncr=Jdicmgardad w !i name, if different front ak-av 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to fall ing seven boxes, certain entities, not individuals; see a instructions on page 3): o Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code (if any) 2 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting to 11 C if the LLG is clesctfied as a single -member 11C thaf is disregarded from the owner inlQss the nw.ner of the 11C,as another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code ft any) a o is disregarded from the owner should check the appropriate box for the tax classification of its owner, o am ❑ Other (see Instructions) Do -(Applies to accounts maintained outside the U.S.) CL 5 Address (nnuber, street, and apt. nr ui fro.) Sea instructions. Requester's name and address (optional) m to 6 City, state, and IP code 4,114 9d 03 7 List nccount number(s) here (optiona) Taxpayer Identification Number jTIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. m - Certification I I I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. bfgn Signature of / Here U.S. person ► Date Do - General instructions Section references are to fhe "Iriternal'Fievenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F`ormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) ESCROW AGREEMENT TO: OWNERS: Chicago Title Company of Washington Richard Honggi Kong and Eun-Jin Kong 70151 Avenue, Suite 2700 2808 S 308th Lane Seattle, WA 98104 Federal Way, WA 98003 (206)628-5600 CTISeattleTitleUnit4@ctt.com Parcel Number: 092104-9313 Title Commitment Number: 0253212-04 Commitment Date: March 28, 2023 DATE: City of Federal Way, and the undersigned, mutually agree and direct you to close this escrow in accordance with the following instructions: 1. The undersigned grantors hereby authorize the issuance of a City of Federal Way warrant payable solely to the above -named Escrow Agent, for our benefit. 2. Receive the Warranty Deed handed herewith from us as grantors to the City of Federal Way as grantee, conveying the lands described in your above -referenced Preliminary Commitment. 3. Receive the sum of $875,000.00 in the form of a City of Federal_ Way warrant that you are instructed to distribute as follows: Pay and eliminate of record all encumbrances on said premises shown in your Preliminary Commitment 0253203-04 dated March 28, 2023, with any other encumbrances appearing on record against said premise, on statement of holder or holder's representative prior to closing, except those noted on: # 1-6, #8 of Schedule B, Part 2- Special Exemptions. 4. Note: All escrow and recording fees shall_bc paid by the City of Federal Way_ 5. The City of Federal Way, at its discretion, reserves the right to withdraw the funds for this transaction from escrow and close this transaction independently or deposit said funds with the Clerk of the Court if deemed necessary. 6. When ready to vest title in City of Federal Way, record instrument shown in instruction 2 above (no recording fee or excise tax is to be charged) and prepare CLOSING DETAIL STATEMENT as explained on the reverse hereof. 7. Remit the balance by your check to: Richard Honggi Kong and Euit-Jin Kong, 2808 S 308th Lane. Federal Way. WA 98001 with your CLOSING DETAIL STATEMENT. 8. Issue standard form Owner's policy of title insurance in the sum of $875,000.00 insuring City of Federal Way as owner of the estate conveyed. 9. Upon closing, mail recorded instruments, title policy, and copy of CLOSING DETAIL STATEMENT to City of Federal Way, 33325 814 Ave. S._ Federal Way, WA 95003. City of Federal Way �13jzo-L3!1 By: esiree 8. t.,__I I_. ". Date Public Works Director F_� \Nash,�� Owners By: Richard Honggi Kong Date By: Eun-Jin Kong Date Richard Honggi Kong and Eun-Jin Kong.docx CLOSING DETAIL STATEMENT As indicated on the Escrow Instructions, the Escrow Agent shall furnish, upon the completion of the escrow transaction, a CLOSING DETAIL STATEMENT that will show thereon: (a) The date of receipt and total amount of escrowed funds. (b) The fee for escrow services and a statement that the entire escrow fee has been paid solely by the City of Federal Way. (c) The date on which the City of Federal Way's grantor(s) is notified that the Escrow Agent is ready to disburse funds to the City of Federal Way's grantor(s). (d) Date of closing of the escrow. (e) Detail of a mortgage payoff that includes: Principal unpaid balance and date. Accrued interest and dates for which interest is paid. Prepayment penalty assessed, if any. Offset of reserves held by mortgagee. Net amount paid to mortgagee and date. (f) Sums, if any, withheld from distribution to the City of Federal Way's grantors at time of closing, and for what reason. (g) Endorsements to the effect that: The statement has been read by the City of Federal Way's grantor, approved, and acknowledgment of receipt of the funds indicated as the net balance due from the Escrow Agent. The closing officer certifies that the statement is true and correct. In case the Escrow Agent has withheld funds from distribution to the City of Federal Way's grantor(s) for any reason, the Escrow Agent shall furnish to the City of Federal Way copies of correspondence transmitting such withheld funds at the time of their final disposition. 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