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AG 23-223 - RANDALL PARRISRETURN TO: PW ADMIN EXT: 2700 ID #: 4385 (Master - 4307) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: 2711 3. DATE REQ. BV: 1 /16/24 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 m REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ® OTHER Purchase & Sale Agreement 4. PROJECT NAME: OMF - PSA for Parris - Parcel # 092104-9115 s. NAMEOFCa,YTRAcToR: Randall Parris ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ 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: COMPLETION DATE: wd �— 8. TOTAL COMPENSATION: $ 475,000.00 (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: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: o RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: r36610 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 9/20/23 A DIRECTOR —a "-- ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW KEPT KVA 9/21/2023 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 I MONTH PRIOR TO 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 8 LAW DEPT 1 UtA 6 SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # AG# SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 1 " ORIGINALS KVA 9/21/23 - template approved Oki 7-14 I/2020 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into by and between Randall R. Parris, a married man as his separate estate (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 Pronerty. 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 Payment. The total purchase price for the Property (hereinafter "Purchase Price") is FOUR HUNDRED & SEVENTY-FIVE THOUSAND and NO/100 Dollars ($475,000.00) 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 xecuted Deed from Seller to Purchaser (hereinafter "Closing Date"), but in no event later than b&q 15 he arties 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. 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 Page 1 of 5 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 Randall R. Parris 33325 8th Ave. S. 30980 28th Ave S, 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. 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. 13. Enwtire 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: \ I l to (Zoz. ti alsh, P.E. Public Works Director STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 44- day o Z02- before me personally appeared EJ Walsh, P.E., to me known to be the Public Aforks 0frector1for 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 the 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 t e day and year 1 st a fiove wri n. (SEAL) b4��l ` Notary Apbis in and for th,4State of MARGARET R BAILEY NOTARY PUBLIC *490t STATE OF WASHINGTON COMMISSION EXPIRES FEBRuARY 13., 2024, ATTEST: 1 Washington, residing at U"t,�- My commission expires -2/ af]� APPROVED AS TO FORM: J Ryan Call, City Attorney v' J Page 3 of 5 SELLER'S SIGNATURE PAGE Date: /-/ 6- 2 OZ 3 Randall R. Parris STATE OF WASHINGTON ) ss. COUNTY OF On this day of J before me personally appeared Randall R. Parris to me known to be the individuals des i ed in and who executed the foregoing instrument and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. (SC,AL ) pow MARGARET R BAILEY, NOTARY .PUBLIC #4909 STATE OF W ASHINGTOW COMMISSION EXPIRES , FEBRUARY 13, 2023 My commission expires 2 Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF 28TH AVENUE SOUTH AT A POINT 75 FEET SOUTH OF ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH ALONG SAID EAST LINE 75 FEET; THENCE EAST TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH ALONG SAID EAST LINE 75 FEET; THENCE WEST ALONG A LINE 75 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER TO A POINT 150 FEET EAST OF THE POINT OF BEGINNING; THENCE NORTH 13 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NO. 4990944. ALSO EXCEPT THAT PORTION CONVEYED TO CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY RECORDED MARCH 5, 2020, UNDER RECORDING NUMBER 20200305000577, 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 Public Works Department 33325 811 Ave S Federal Way, WA 98003 Document Title: Warranty Deed Reference Number of Related Document: N/A Grantor: Randall R. Parris Grantee: City of Federal Way Legal Description: PTN NE 1/4, SEC 9-21-4E, W.M. Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: 092104-9115 WARRANTY DEED City of Federal Way, Joint Operations & Maintenance Facility The Grantor, Randall R. Parris, a married man as his separate estate for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby conveys and warrants to the City of Federal Way, a municipal corporation, Grantee, the following described real property 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. FA No. N/A LPA-302 Page 1 of (4) Pages Parcel No. 092104-9115 Rev. 9/2023 WARRANTY DEED Date: G —/ �— Z 0 2 3 i Randall R. Parris STATE OF WASHINGTON : ss County of r\) On this 14 T"' day of ?2� before me personally appeared Randall R. Parris to me known to be the in ivid described in and who executed the foregoing instrument and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. MARGARET R BAILEY NOTARY PUBLIC $4909 STATE OF WASHINGTON COMMISSION EXPIRES .FEBRUARY 13, 2026, $bfary=ic in and font State of Washi , residing at My commission expires Z -'70z� LPA-302 Page 2 of (4) Pages Parcel No. 092104-91 l5 9/2023 WARRANTY DEED Acknowledgment City of Federal Way J'/-- Date: \ l \ 1.J W-L ell EJ Walsh, P.E. Public Works Director STATE OF WASHINGTON ss County of King On this 4-%- day of 2.0 Z before me personally appeared EJ Walsh, P.E., to me known to be the Public Work Dire tor, 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. 4 Notary 6o4lic in and far tl��,State oft+ Washington, residing at �/ My commission expires 13 ZaZ� ATTEST: /-6 ph nie Courtney, CMC ity Clerkf� 0110- Date LPA-302 Page 3 of (4) Pages 9/2023 APPROVED AS TO FORM: //�� , Lt:�� Ryan Call, City Attorne I A A'o Dat Parcel No. 092104-9115 WARRANTY DEED EXHIBIT A THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF 28TH AVENUE SOUTH AT A POINT 75 FEET SOUTH OF ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH ALONG SAID EAST LINE 75 FEET; THENCE EAST TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH ALONG SAID EAST LINE 75 FEET; THENCE WEST ALONG A LINE 75 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER TO A POINT 150 FEET EAST OF THE POINT OF BEGINNING; THENCE NORTH 13 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NO. 4990944. ALSO EXCEPT THAT PORTION CONVEYED TO CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY RECORDED MARCH 5, 2020, UNDER RECORDING NUMBER 20200305000577, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LPA-302 Page 4 of (4) Pages Parcel No. 092104-9115 9/2023